The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-08-04
Key West Starts Operating
lJnderNewCh Provisions
New Government Is Func-
tiOning In Accordance
With City Attorneys
Opinion In Matter

In accordance with a written
and official opinion rendered last
night at the regular meeting of
the City Council by City Attorney
Henry H. Taylor. Jr. relative to
the charter issue. which has be-
come a controversial matter as 10
IFS exact status. the City of Key
West is now operating under tha
provisions of the new city char
ter. which was recently passed
by the State Legislature.
According TO the attorneys de-
cision in the matter. there will be
no need of holding a referendum
as the new law becomes effec.
tive without submitting the issue
10 vote of the people.
In connection with the opinion
of the attorney given last night.
he reiterated the same state
ment as made at the previous
ineeting-that it was his opinion
that the intent of the legislators
handling the bill was to have
referendum on the question, but
Tin the shuttle" the two sections
referring to a referendum, which
were attached to the act as an
amendment, was lost in, some
way and never was recorded as
they should have been. There
fore, the attorney stated that he
feared the validity of. the act
would be questioned, and felt that
the proper procedure to follow
was to have the matter referred
to some court of competent jur-
isdiction to pass upon it in order
that the validity of the law may
be fully determined and settled
once and for all to the entire sat
isfaction of the people as whole.
Following the reading of the
opinion of the attorney, the Coun-
Gil ordered the clerk to notify all
city officials and others interest
ed that the new city charter was
now in effect in order that they
may govern themselves accord
ingly.
At this juncture. Councilman
Will Z. P. Roberts questioned the
validity of the law, and stated
that proceedings would be en-
tered at once in the courts by
those not satisfied with the ex-
isting status of the matter in or
der that a definite decision may
be reached as to the validity of
the law under which the munich
patty is to operate in the future.
In all probability the protests
will be filed with Judge Arthur
Gomez of the Circuit Court, and
possibly may be taken to the SUI
preme Court by others who would
have the question settled by a
higher tribunal.
City Attorney Taylor's opinion
was rendered in a very concise
and comprehensive manner, COW
ering practically all details in
connection with the measure,
which was presented in the Leg
islature by Representative Bernie
C. Papy, and passed, with a ref
erendum amendment attached by
Senator David Elmer Ward, which
failed to be recorded, however
The Council had already issued
"a call for a referendum on the
issue, having set August is as the
date for holding the special cleo
ton, but this will have to be de-
ferred until the QUESTION has been
definitely decided by the courts
one way or the other.
AS far as the duties of the pres
ent city officials are concerned,
they will function in practically
the same way as heretofore until
the general election in November
of this year.
Under the new charter the
only officers that viii be elected
by a vote of the people viii be
the mayor and councilmen, with
all other offices to be filled b
appointment.