The Punta Gorda herald., 1922-03-17
LEGISLATURE MUST ACT
IF THE STATE IS'DIvIDED
Plan OutlinedWhereby Florida Might
be Divided and a South Florida
Established

Revival OF discussion IN Centra
and south Florida of a proposal tC
divide the state, which arose recently
with the renewal of the capital re,
moval campaign, has prompted an ex
animation of legal records and an in.
quiry as to just W h a t steps
would be necessary to create another
state from a part of one already in
existence, says a recent news des-
patch from Tallahassee and contin-
ues:
Legal authorities declare that in
asmuch as 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 pursued should such a
step be undertaken. Section 8 of
article of the constitution of the
United States provided that New
states may be admitted by the con-
sress into this Union, but no new
state shall be formed or erected with
in the jurisdiction of an other state =;
nor any state be formed by the june
tion 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 judicially determined,
oil Tho nF ho
United States did uphold the validity
of the statehood of West Virginia.
Virginia VS.. West Virginia, IS U.
S. Reports; II Wall, page 39). Le-
gal opinion holds therefore, that it
may be assumed it is possible for
new state TO be established, compris-
ed of territory which Heretofore has
been entirely 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 territority
adjacent to the seashore, which was
not included within an ddid not form
a, part of the original state. Assum-
ing then that conditions are such that
Il new state might be formed without
conflicting with the federal constitu-
ton and that only one existing state
would be affected by the creation of
such new state, it is the opinion of
legal authorities that would be cor
rect:
!. The legislature of the parent
state would pass an act consenting
to the creation and admission of the
new state; designing its boundaries,
and in the same act provide for a con-
SttutiOnaI convention to be held with
in 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 voter of the proposed new
state, and, providing further, for the
proposed constitution together with
the report of the result of the cleo
tion thereof, to be transmitted to the
congress of the United States and to
the president, together with the or
iginal act by which the consent of the
parent state is given to the creation
of the new state.
,. The congress of the United |
States upon receiving the records
would be called upon to pass an act
the proposed new state un-
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 a 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 oc-
cur after the process had passed be-
yond the control o the territory af-
fected.
1t is held that a different course
could 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 than
the course outlined above could be
followed to the same end. Or, it is
said, an act consenting to the Great
ing of the proposed new state, and
it's necessary provisions, could be
passed with referendum clause sub
it to the people of the whole
state, to become effective after being
ratified by major ~ vote.
Il ......I