The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1922-03-20
AS Others See 1t
DIVISION OF FLORIDA
(St. Petersburg Times.)

Discussion of the proposed division of Florida
into two states has brought up the question of
how the state might be created should the
movement gain enough momentum to become
possibility.
SO insistent has become the demand for infor-
nation upon the subject that the Associated Press
through its correspondent at Tallahassee and the
state bureau at Jacksonville has attempted to
find the laws covering such procedure. Feeling
that its readers are interested in this subject
no matter how they stand on the question of
state division, the Times is printing herewith the
results of the investigation made by the Associat-
ed Press.
Legal authorities declare that inasmuch the
division of states has been little INDUCED in,
there exists very scant precedent upon which to
base an opinion as to the proper course to be pur-
sued should such step be undertaken. Section
of Article of the Constitution of the United
States, provides that New states may be admit
ted by the congress into this Union, but no new
state shall be formed erected within the jurs-
diction of any other state, any state be
formed by the junction of two or more states or
parts of states without the consent of the legsla
lures 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 judicial
ly determined although the Supreme Court of the
United States did uphold the validity of the state
hood of West Virginia. Virginia VS.. West Vir-
ginia, rs United States Reports; IL Wall. page
800. Legal opinion holds, therefore, that it may
be assumed it is possible for a new state to be
established, comprised of territory which there
tofore has been entirely part Of the territorial
jurisdiction of one state. 1t also may be
sumed, it is said, that in the event the proposed
new state bordered upon the high seas that 1t
might be found possible to include within the pro-
posed new state territory adjacent to the seashore
which was not included within and did not form
a part of the original state. Assuming then that
conditions are such that new state might be
formed without conflicting with the Federal con-
stitution and that only one existing state would
be affected by the creation of such state, it
is the opinion of legal authorities that the fol
lowing course of procedure would be correct:
1.-The legislature of the parent state would
pass an act cCnsenting to the creation and adj
mission of the state; designating its boun-
dares and in the same act provide for con-
sttutional convention to be held within the
jurisdiction of the proposed new state; provide
for election to be held for the purpose of sub
hitting 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 there
of to be transmitted to the congress of the United
States and to the President, together with the
original act by which the consent of the parent
state is given to the creation of the new state
2.-The congress OF the United States upon re-
ceiving the records wouldN)e called upon to pass
an act admitting the proposed new state under
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 tine process
outlined but it is held in several quarters that
such matter could be so managed as to create
a new state within few months after the init
atve action Of the legislature of the parent state
It also is conceded that it would be possible for
unlimited delays to occur after the process had
been passed beyond the control of the territory
affected.
1t is held that different course could lawfully
be pursued if that whole question could be submit.
ted first to the vote of the entire state and should
the vote he favorable then the course outlined
above could be followed to the same end Or
1t is said, an act consentng to the creation of the
proposed new state, and Ms necessary provisions
could be passed with referendum clause sub
hitting it to the people of the whole state to
become effective after being ratified by a majority
vote.