The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1922-03-10
DISCUSSION ABOUT
STATE DIVISION
A Subject on Which Legal Authorities
Can Give but Scant
Enlightenment

Tallahassee, March 1O.-(By the
Associated Press).-Revival of dis
cussion in Central and South Florida
of a proposal to divide the state,
which arose recently with the renew
al 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 of
one already in existence.
Legal authorities declare that mas
much as the division of states have
been little indulged in there exists
very scant precedent upon which to
base an opinion as to the proper
course to be pursued should such a
step be undertaken.
Section III of Article ii of the
Constitution of the United States pro-
vides that "New states may be ad-
mitted by the Congress into this
Union, but no new state shall be
formed or erected within the jurisdic-
tion of any other state; nor any state
be formed by the junction of two or
more states or parts of states with
out the consent of the legislature 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 judicially determined,
although the supreme court of the
United States did uphold the validity
of the statehood of West Virginia
Virginia VS.. West Virginia, 78 U. S.
Reports, IL Wall, page 39). Legal
opinion holds, therefore, that it may
be assumed it is possible for a new
state to be established, comprised 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
be found possible to include within
the proposed new state territory ada
cent to the seashore, which was not
included within and did not form q
part of the original state. Assuming
then that conditions are such that a
new state might be forced without
conflicting with the federal constitu-
tion 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;
1. The legislature of the parent
state would pass an act consenting to
the creation and admission of the new
state; designating it's boundaries, and
in the same act provide for constitu-
tional 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 quail.
fled voters of the proposed new state;
and, providing further, for the pro
posed constitution, together with the
report of the result of the election
thereof, to be transmitted to the
Congress of the United States and tc
the president, together with the orig.
inal act by which the consent of the
parent state is given to the creation
of the new state.
2. The Congress of the Unitet
States upon receiving the records
would be called upon to pass an &C
admitting the proposed new stat
under its proposed constitution as :
state into the Union of the Unites
States of America, to take effect upol
the proclamation of the president.
Authorities declare it is impossibl,
to say what period of time would b.
consumed in the process outlined bu
it is held in several quarters that sucl
a matter could be so managed as t.
create a new state within a few
months, after the initiative action o
the legislature of the present stats
1t also is conceded that it would b
possible for unlimited delays to oc
cur after the process had passed be
yond the control of the territory af
fected.
1t is held that a different cours
could lawfully be pursued in that tn
whole question could be submitte
first to the vote of the entire stat
and should the vote be favorable the
the course outlined above could b
followed to the same end. Or, it i
said, an act consenting to the Great
ing of the proposed new state, an
= its necessary provisions, could b
passed with referendum clause sui
mitting it to the people of the whol
state, to become effective after bein
ratified by a majority vote.
LENTEN SERVICE AT