Palatka daily news. [volume] (Palatka, Fla.) 1919-1994, 1922-03-09
DIVIDING FLORIDA
FINALLY RESTS IN
/. CONGRESS- HANDS
By Associated Press)

Tallahassee, March 9.-ReviVaI Of
discussion in central and south Flor
ida Of a proposal to divide the state,
which arose recently with the renew
al of the capital removal campaign,
has prompted an examination Of le-
gal records and an inquiry here as
to just what steps would be neces-
sary to create another state from a
part of 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
base an opinion. as to tn eproper
course to be pursued should such a
step be undertaken. Section Of Ar
ticie ii of the Constitution of the
United States provides that "New
states may be admitted by the con.
'gress into this union, but no new
state shall be formed or erected with.
in the jurisdiction 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 con-
cerned, as we'll 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 Unit
ed States reports; II Wall. page 39).
Legal opinion holds, therefore, that 1T
may be assumed it is possible for a
new state to be established, conprlS-
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 Dor
dered upon the high seas that it
might be found possible to include
within the proposed new state terri
tory adjacent to the seashore, which
was not included within and did not
form part of the original state. As
suming then that conditions are such
that a new state might be formed
, without conflicting with the federal
constitution and that only one exist
= ing 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:
/. The legislature Of the par
ent state would pass an act con.
senting to the creation and ad-
mission Of the new state; desig-
mating its boundaries, and in the
same act provide for a 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 pro
posed constitution to the quail
fled voters of the proposed new
state; and, providing further,
for the proposed constitution,
together with the report of the
result of the electio nthereof, to
be. transmitted to the congress
of the United States and 10 the
president, together with the orig
iual 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 receiving the records
would be called upon to pass an
act admitting the proposed new
state under its proposed eonst'-
tution as a state into che union
Of che United States Of America,
20 take effect upon the proc