The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1922-03-09
LEGAL PHASES
STATE DIVISION
ARE DISCUSSED

Tallahassee, Fla, March 9.-(By the
Associated Press REVIVAL of dis
cussion in central and south Florida
cl a proposal to divide the state,
which arose recently with the renewal
of the capital removal campaign, has
prompted an examination of legal
records and an inquiry here as to
Just what steps would be necessary
to create another state from a part
vi one already in existence.
/ Legal authorities declare that mas
much as the division of states has
! been little INDUCED in there exists
very scant precedent upon which to
lase an opinion as to the proper
course to be pursued should such step
he undertaken. Section 3 of Article
of the Constitution of the United
States provides that New states may
be admitted by the Congress into this
Union, but no new state shall be
formed or erected within the jurisdic-
ton of any other state; nor any state
be formed by the junction of two or
more states or parts of states without
the consent of the legislatures of the
states concerned, as well as of the
Congress"
The exact meaning of the language
contained in this section, it is said,
never has been iudicially determined,
although the supreme court of the
United States did uphold the validity
of the statehood of West Virginia
| Virginia VS.. West Virginia, rs United
States Reports; II Wall, page 49,
Legal opinion holds, therefore, that it
may be assumed it is possible for a
new state to be established, compriS-
cd of territory which heretofore has
been entirely a part of the territorial
| jurisdiction of one state. 1t also may
| be assumed, it is said, that in the
event the proposed new state border
ed upon the high seas that it might be
found possible to include within the
proposed new state territory adjacent
to the seashore, which was not in
Guided within and did not form a part
Of the original state. Assuming then
that conditions are such that a new
state might be formed without con-
flicting with the federal constitution
and that only one existing state would
be affected by the creation of such
new state, it is the opinion of legal
authorities that the following course
of procedure would be correct
l. The legislature of the parents
state would pass an act consenting to
the creation and admission of the new
state; designating its boundaries, and
in the same act provide for a consti-
tutional convention to be held within
the jurisdiction of the proposed new
state; provide for an election to be
held for the purpose of submitting the
proposed constitution to the qualified
voters of the proposed new state; and,
providing further. for the proposed
constitution, together with the report
of the result of the election thereof,
to be transmitted to the Congress OF
the United States and to the presi
dent, together with the original act
by which the consent of the parent
state is given to the creation of the
new state.
g The Congress of the Uniteu
States upon receiving the records
would be called upon to pass an act
admitting the proposed new state I'M
der its proposed constitution as a
state into the Union of the United
States of America, to take effect upon
the proclamation of the president.
Authorities declare it is impossible
to say what period of time would be
consumed in the process outlined but
it is held in several quarters that such
a matter could be so managed as to
create new state within few
months, after the initiative action of
the legislature of the parent state. 1t
also is conceded that it would be
possible for unlimited delays to occur
after the process had passed beyond
the control of the territory affected.
1t is held that a different course
lawfully be pursued in that the whole
question could be submitted first to
the vote of the entire state and should
the vote be favorable then the course
outlined above could be followed to
the same end. Or, it is said, an act
consenting to the creating of the pro-
posed new state, and it's necessary
provisions, could be passed with a
referendum clause submitting it to thu
people of the whole state, to become
effective after being ratified by a ma
jCrity vote.