The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1920-05-05
JUDGE JONES RESERVES DECISION
ON CONSTITUTIONALITY OF TICK
DIPPING IN HABEAS CORPUS Case
Arguments in Court of Record
Are Listened to by Large
Audience of Cattlenen.
MANY LAWYERS PRESENT
Case Involves Many Principles.
Including Question o. Men
Holding Two OFFICE.

! Testing the constitutional q Tho
cattle dipping law. proceed inre. were
instituted yesterday in the court OF
record in habeas corpus wi in ne
case OF G. ]. Parsons. re satfy 49,
rested upon a warrant ISSUED h. Jude,
Johnson for alleged non-cor aiiauce -
| this law. The attorneys for ne de-
fendant and the plaintiff fir sh.s! tfrir
arguments late yesterday after 5a ave
Judge {. Moreno Jones took tA1 u. ltfes
under advisement. An opinion will
probably be announced Saturday.
Arguments in the case were followed
by house filled to capacity. and stand
ing room toward the front of the house
was at premium. Arguments of coun-
sci for both sides were listened to atten-
lively, and interest of the spectators
was held until the closing of the case.
Sam Pasco represented the Livestock
Sanitary Board and John p. Stokes
and John S. Beard represented the
plaintiff. Pending the decision of
Judge Jones, Mr.. Parsons will be al
lowed freedom at the original bond.
The contention of the counsel for the
plaintiff was to the effect that there
was lack of sufficiency of title in the
law as passed by the state legislature
and that it was unconstitutional as
result of this fact. Another point the
attorneys attempted to show was that
the formation of the board created Of
fices and that each of the five mem
bers was an officer, legally. A majority
of the members OF the board creates
a quorum under the provisions of the
act.
Three members of the board are state
D.-sx.
struction. state treasurer and commits
sioner of agriculture. Under the con-
stitution an officer may not hold more
than one state office at a same time.
The contention OF Mr.. Pasco, in re-
futing the argument of Messrs Stokes
and Beard. was that the supreme court
of the state had upheld the law in the
case of Bailey against Van Pelt tried
in Escambia court of record and that
until the supreme court reversed it's
former decision the lower courts should
uphold and seek the enforcement Of the
law as it stands at present.
Mr.. Pasco also contended that MEM
oership on the Livestock Board did not
constitute an office in the legal sense
and that state officers were legally
competent to hold their membership
,n the board and their state positions
conflicting with the Florida
His contention was that
he Livestock board membership was
subordinate position and not an Of
ice as set forth in the constitution:
he membership on the board granted
10 additional income nor was the mem
,ership a particular glory as pointed
ut in the constitution.
The law was in force in this country
My by vote of citizens Of Escambia
ounty, the original law providing that
he law be effective only where it was
hown that the majority of the voters
yanted IL and that the local option
lause was an additional reason why
should be enforced was another con-
ention of Mr.. Pasco.
Farmers from all sections OF the
ountry were in attendance at the
caring. many of the spectators COM
lg from Santa Rosa county and some
ven from Southern Alabama. Sew
raj prominent cattle owners were
resent also to hear the arguments and
ne decision of the judge in the case.