The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1943-06-10
IN THE LAPS OF THE couNcILMEN

politicians, entertain the notion that our
legislature, or congress, for that matter
may adopt and enforce any type of law it
wishes But the legislature can not make eff
fective any law or supposed law that runs
afoul of the provisions of our constitution,
and one of these provisions is that contract
that complies with every requirement of the
constitution or statutory laws can not be
abrogated by legislative act.
Therefore, the law passed at the last
session of the legislature that imposes a
daily tax of 81 on the buses in Key West is
not enforcible. The transit company has a
perfectly good contract with the City of Key
West, and our legislature can not vitiate
that contract.
If the laws or supposed laws of the legis-
lature were self-operative, we would not
need any courts. But we have our courts to
protect us, not only in our rights in civil life,
but also against unconstitutional laws that
legislature may pass.
The transit company has binding con-
tract with the city that extends over period
of 10 years In that contract it is stated speci-
fically that the company will not be requir-
ed to pay the city any percentages CT earn
ings for the first two years. The third year,
three per cent of the gross income is to be
paid; four per cent in the fourth year, and
five per cent for the ensuing years
Now, that contract was properly eX-
ecuted between the city, as represented by
our duly elected councilmen, and the tran
sit company. Should the councilmen at
tempt to force the company to pay that daily
81 for each bus, the company could appeal
to the courts for protection. The case could
also be taken to the United States courts
provided any of the owners of stock in the
company are residents of another state.
tits really pathetic reconsider the ways
in which our city councilmen have bungled
in spending the city's money and then grasp
ing to get more money to spend. Is there no
sacredness in ones pledge, is contract
made by the city to be torn up and thrown
into a wastebasket at the convenience Of
the councilmen? What is to become with
this legally executed instrument, in which
the city pledges itself to keep faith in the
observance of clearly defined conditions.
Any good Judge would view the tax as
mere connvance to subvert the provisions of
the contract with the company.
The Citizen has heard that the council
men have shifted the blame for the S day
tax to Representative Bernie Papy. But let
us assume that Papy passed the bill without
saying single word to the councilmen is
that any excuse for the councilmen's repu-
dating their solemn pledge with the tran
sit company?
Far better to let the law remain as dead
as thousands of other laws than for the
councilmen to go back on their word and
try to force the payment of the tax. If the
state of Florida wishes to act in the matter,
let it act, but The Citizen is confident that
the state will not wiggle a finger in the
whole nefarious business.
Finally, if the company packs up and
leaves town, thereby ending abruptly the
facilities that had been afforded thousands
of Key Westers to travel about the city,
those tuning and steaming thousands will
place the blame just where it should be
placed-in the laps of the city councilmen.