The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1933-06-28
ALBURY EXPLAINS
MATTERS BEARING
ON new CHARTER
SHOWS WHERE THIS WOULD
BECOME EFFECTIVE AT
ONCE IN CASE ISSUE RE.
cEIvEs MAJORITY VOTE

Should the referendum on the
new charter for the city of Key
West be given q majority of votes
at the November city election the
charter will become effective at
once. This is the opinion of Rep.
resentative William ". Albury,
read at meeting of the Economic
League last night.
This matter was brought up fo1
discussion several meetings ago
and a committee was appointed to
take up the question with Mr.. Al
bury and have him render an
opinion to be presented to the
league.
How candidates could run for
certain elective offices under the
old charter and. in the event of
the new charter becoming law.
be eliminated was the puzzling
situation.
The opinion Of Mr.. Albury, bas-
ed on former procedure and sub
stantiated by an opinion render
ed some time ago by Attorney
General Cary d. Lands, follows:
Section 1872 of the proposed
new charter provides:
"All laws or parts Of laws III
conflict herewith are hereby re-
pealed and the provisions of this
act shall apply irrespectively Of
the nreKiaions of any OF al local
or special laws or acts.
Section 1873 of the proposed new
charter provides as follows:
1.-THE provisions Of this act shall
become effective and the same
shall be in force only upon and
after the approval and ratification
Of the same by the majority Of
the qualified voters Of the city Of
Key West to be expressed at the
general city election to be held in
November, 1898. after due notice
thereof has been published at least
one time in 4 newspaper published
in said city ten (1Ol days prior
to the holding Of said election for
the ratification or rejection Of this
act. In the event the provisions
OF this act receive the approval Of
the majority Of the electors of the
city Of Key West then the six cam.
didates for councilmen receiving
the highest number Of votes at the
general city election in November,
1881 shall be deemed the duly
qualified and elected councilmen
provided for under the provisions
Of this act. Further. II the pro-
visions Of this act are approved by
4 majority Of the qualified cleo
tors Of the city Of Key West, then
and in that event this act shall
20 into effect Immediately
THE Supreme Court Of Florida
has held in numerous cases that
an officer does not have any vest
ed rights in his office. This being
true the people can abolish the
office At any time. Under the pro-
visions Of the referendum clause
of the proposed new charter. il it
is adopted. the six men receiving
the highest number of votes would
be declared elected. Under the
provisions of the new charter and
under the general repeating clause.
the old charter would be imme-
diately repealed and the new char
ter take effect.
Thus If officials ran for office
under the old charter and the new
charter was ratified By majority
of the electors. then the individu-
ais who ran for office under the
old charter would be out, as al
offices under the old charter
&QpldslseSe been abolished. Under
the psyisions of the new charter
the oily elected officers are the
councsnen and the three election
commissioners. No provision Isl
made or the election of commits
sioaers in the referendum clause
but uaer Section % Of the pro-
posed aew charter all vacancies
are filed by the council and IS
yaeanc would exist in the cleo
ton commissioners. naturally II
| follows that these election COM
naiSsioHrs for the ensuing term
would e appointed BY the new
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