61 Fla. 1 | Fla. | 1911
To His Excellency,
’ Albert W. Gilchrist,
Governor of Florida.
Sir:
The following communication from you has been received : . -
“State of Florida, Executive Department, Tallahassee, May 19, 1911.
To the Honorable Chief Justice and Justices of the Supreme Court of Florida:
Gentlemen:
Under date of July 26, 1909, the Secretary of State of the United States formally transmitted to me a certified copy of a Resolution of Congress, entitled “Joint Resolution Proposing an amendment to the Constitution of the United States,” with request that I cause the same to be submitted to the Legislature of this State for such action as may be had. The Resolution thus transmitted is in words and figures as follows:
“S. J. Res. 10.
“SIXTY-FIRST CONGRESS OF THE • UNITED STATES OF AMERICA;
“At the First Session
“Begun and held at the City of Washington on Monday, the fifteenth day of March, one thousand nine hundred and nine.
“Proposing an amendment to the Constitution of the United States.
“Resolved by the Senate and House of Representatives of the United States of America in Congress assembled {two-thirds of each House concurring therein), That the following articles is proposed as an amendment to the Constitution of the United States, which, when ratified by the legislatures of three-fourths of the several States, shall be valid to all intents and purposes as a part of the Constitution:
“ ‘ARTICLE XVI. The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.’
“J. G. CANNON
“Speaker of the House of Representatives.
“J. S. SHERMAN,
“Vice-President of the United States and President of the Senate.
“Attest:
“A. McDowell
“Clerk of the House of Representatives.
“CHARLES G. BENNETT “Secretary
“by HENRY H. GILFRY “Chief Clerk
“I certify that this Joint Resolution originated in the Senate.
“CHARLES G. BENNETT “Secretary.
“by HENRY H. GILFRY
“Chief Clerk.”
“No convention nor legislature of this State shall act upon any amendment of the Constitution of the United States proposed by Congress to the several States, unless such convention or legislature shall have been elected after such amendment is submitted.”
Under the operation of Section 2 of Article VII of the State constitution, one half of the members of the State Senate composing the Legislature of Florida which convened in regular session on the 4th day of April, 1911, and is now convened in regular session were elected to be such members of the State Senate at the general election held in this State in November, 1908, the election of such members having therefore been prior to the date when the said Resolution was proposed by the Congress.
In the circumstances, I respectfully request the opinion of the Justices of the Supreme Court, under Section 13 of Article IV of the State constitution, as to whether it is my duty to submit the said Resolution, for action, to the Legislature now in session, part of the members of which were elected prior to the proposal of the Resolution by the Congress, or whether the same should be held for submission by the Governor to a Legislature all of whose members were elected subsequent to the proposal of the Resolution by the Congress.
I have the honor to remain,
Very respectfully,
ALBERT W. GILCHRIST, Governor.”
Section 13 of Article IV of our Constitution provides that: “The Governor may, at any time, require the opinion of the Justices of the Supreme Court as to the interpreta
Very respectfully,
J. B. WHITFIELD,
R. F. TAYLOR,
T. M. SHACKLEFORD,
R. S. COCKRELL W. A. HOOKER C. B. PARKHILL Justices of the Supreme Court.
