The Key West Citizen Newspaper, April 6, 1940, Page 5

SATURDAY, APpIL 6, 1940 Our The Po 1e by on Mounding Fathers F palit Their Doorsteps Kept Uncle Samii in Stew 153 Years—Hamilton Wanted Presidents ‘During Good Behavior’— One-Term Bills Pop Up Frequently. EDITOR'S NOT: Between now and the summer day when the Demo- cratic purty nominates its candidate for President, the third term issue will be one of the most discussed questions of the 1940 campaign. That discussion may continue until November 4, ine creasing in intensity as election day draws near, To help our readers judge for themselves the merits of the argu- ments for or against a Presidential third term, this newspaper presents herewith the first in a series of three articles which give some of the his- torical background of that issue. It is neither FOR nor AGAINST a third term; it simply scans the past and gives an impartial report of its findings. 1. THE FOUNDING FATHERS AND CONGRESS HALL the President of these United States be elected fora certain term of years and thereafter be in- eligible? What shall that term be? Six years? Seven years? Twenty years? Or shall he be permitted to serve “during good behavior’? Those were some of the. questions which the Founding Fathers, meet- ing in Philadelphia 153 years ago, tried to answer as they struggled with their gigantic task of devising GEORGE WASHINGTON tion 10 one-term joint resolutions were introduced but failed to pass. For the next 30 years the third- term issue was dormant, mainly be- cause there was a succession of one- term Presidents, But during the administration of Andrew Johnson there were 12 joint resolutions rec- ommending single _ presidential a frame of government for the new republic. Considered Seven-Year Term. On May 29 Gov. Edmund Ran- dolph of Virginia and Charles Pinck- ney of South Carolina both present- ed resolutions providing for an exec- utive “‘to be chosen by the national legislature for a term of . . . years and to be ineligible a second time.” Three days later a vote was taken on a seven-year term for this exec- utive. Five states voted for it and four against it. The next day a motion to make the executive ineligible after seven years also was carried, by a vote of 7 to 2. Apparently that matter was settled. But two weeks later it was brought up again and Alexander Hamilton proposed that the supreme executive authority be vested in a “Governour” to be elected to serve during good behavior. The delegates turned thumbs down on this idea and on June 19 voted for a seven-year term for the President who should be ineligible for re-election. A month later, how- ever, they changed their minds. and struck out the ineligibility clause. Then followed a long debate. “During Good Behavior.’ Once more the “during good be- havior” clause bobbed up but again it failed to pass. There was a sug- gestion that the Chief Executive be elected for 20 years and another that he be chosen by the legislature with the provision that no person be el- igible for more than six years in any 12 years. Both of these plans were rejected and eventually they went back to the seven-year term with its ineligibility-a-second-time proviso. ~This was in July and for the next two months the presidential term ‘was repeatedly debated. On Sep- tember 4 it was brought up again with the suggestion that the Presi- dent's term be made four years. A motion to change this back to sev- Hyears and another to six years wee defeated atidjon September 15 s finally agreed that the Presi- én should be chosen by an elec- tofal College for four years, no limit to’ his re-eligibility being fixed. Problem Bobbed up Again. Although the adoption of the Con- stitution on September 17, 1787, ap- parently settled this question of presidential tenure satisfactorily, it ‘was a question that was destined to come up again and again in future years—especially in the legislative branch of our government. After the contested election of 1600, @ resolution was presented in the senate “that no persoa who has been twice successively elected President shall be eligible as Presi- dent until four years elapse, when he may be eligible to office for four years and no longer.” But the senate rejected this by a vote of 25 to 4. Twenty years later, however, the terms without any action being tak- en upon them. But in 1875, when it seemed likely that Grant would be a candidate for a third term, William M. Springer of Illinois introduced a resolution in the house. That in the opinion of this House, the precedent established by Washington and other Presi- dents of the United States, in re- tiring from the presidential of- fice after their second term has become, by univers! concur- rence, a part of our republican system of government, and that any departure from this time- honored custom would be un- wise, unpatriotic and fraught with peril to our free institu- tions. This resolution was adopted by a vote of 234 to 18, with 38 not voting. Two years later, after President Hayes in his inaugural address had recommended a constitutional | amendment limiting the President to a single term of six years, Spring- er offered another resolution em- bodying Hayes’ recommendation and other reforms. But no action was taken on the resolution. The third-term issue remained in the background until 1892, when Grover Cleveland, who had been first elected in 1884 and de- feated in 1888, was again elected. Then no less than 13 amendments were introduced in congress to limit the presidential term in various ways. Brought up in 1912. Again there was a lull of 20 years until 1912 when the house commit- tee on the judiciary submitted a favorable report on a resolution pro- posing a constitutional amendment limiting the President to a single six-year term but no further action was taken. 21 such amendments -were intro- | duced in the house and in 1913 the | senate passed a joint resolution, by’ a vote of 47 to 23, proposing a stmi- lar amendment but the house re) fused to-act upon it. In 1927 when talk was started about the possibility of Calvin Coo- lidge seeking re-election, the anti-, third term resolutions began-to come | thick and fast. The first one, of- fered by Rep. Beck of Wisconsin, a Republican, was practically the same as the Springer resolution of 1875, suggesting a constitutional amendment against a third term. ‘Then Senator LaFollette introduced a similar resolution in the senate. Resolutions Not Acted Upon. In the meantime, Representative Fairchild of New York, a Republi- can, had offered a constitutional amendment that ‘‘No person shall be eligible to the office of President who has -previously served two terms, whether by election or by succession due to .the removal, death, resignation or inability of the President where the term by suc- senate passed a joint resolution by @ vote of 36 to 3, providing that no man should be chosen President for more than two terms. But the house failed to. act on. this resolution so nothing more was done about presi- dential tenure until the contested election of 1824 brought it up again. ‘Then no less than 10 amendments to the Constitution, intended to limit the President to one term were de- bated in congress. Many Resolutions Offered. During Jackson's administration ‘21 joint resolutions, dealing with a limitation of the presidential term, were introduced in congress but mone was acted upon. Some of these recommended a single term of four or six years, others prohibited a third term and still others were against more than two consecutive forms. In Van Buren's administra- | cession shall have continued for a period of two years or more.” No action was taken on any of these proposals by the Sixty-ninth congress but they came up again in the Seventieth culminating in La- Follette’s resolution being reintro- duced on January 27, 1928, amend- ed and passed by the senate on Feb- ruary 10 by a vote of 56 to 26. It said: “Resolved, That it is the sense of the Senate that the precedent estab- lished by Washington and other Presidents of the United States in retiring from the presidential office after their second term has become by universal concurrence, a ‘Part of our republican system of govern- ment, and that any departure from this time-honored custom would be unwise, unpatriotic and fraught with peril to our free institutions.” (Released by Western Newspaper Union.) During this year some | THE KEY WEST CITIZEN ' Cevecceccvescseceoocccose ZONING PRACTICES IN FLORIDA By GEORGE W. SIMONS, JR., in Florida Municival Record POCCCOCOCOSOTOS SELES OO EETESSOSESEOTSESOTSOOVEZECe Zoning has been defined as i“the regulation by districts un der the police power of the height, bulk and use of build- ings, the use of land and the density of population”. Zoning is done in jursuance of the so- called police power of the state, ‘which traditionally was said to protect the health, safety and morais of the community. Of ‘late, however, there has “been ‘added to this concept another, jwhich goes beyond health, safe- “ty and morals, namely, “the promotion of the general wel- fare”. Consequently the power or authority to zone must origin- ate with the State Legislature. Prior to 1939, Zoning in Flor- ida was made effective pursuant to special legislative acts enact- ed specifically in behalf of the | \city or town seeking the protec- tive provisions of Zoning. In this wperiod ‘thirty-five (35) special iegislative acts authorizing Zon- ing or amendments to Zoning legislation were’ enacted and of this number only seven (7) fol- lowed the so-called Standard En- iabling Act. the Florida Legislature, how- ever, enacted a general Zoning enabling act applicable to all cities and towns—an act intro- duced by Representative Henry Sinclair of Polk County. This measure was wholeheartedly en- dorsed and supported by the Florida League of Municipalities. Mr. Sinclair’s interest in a prop-; er enabling act of general appli- leation resulted from defects in a 'Special Act approved earlier by the Florida Legislature for the City of Winter Haven. The Gen- eral Act 2pproved by the Florida Legislature of 1939 followed in every respect the provisions of the so-called Standard Enabling Act recommended by the United States Department of Commerce. In that period of intensive mu- nicipal development and expan- sion in Florida, 1923-1937, ten cities enacted Zoning tions pursuant to the enactment by the Legislature of Special En- abling Acts of one kind or an- jother. Between 1927 and 1933, ‘eleven more cities enacted Zon- ing reguiations. And currently a number of other cities are manifesting a keen interest in Zoning. Since the enactment of the New York Zoning Ordinance in 1916 the principles, practices and administration of Zoning have been subjected to many legal attacks. But throughout these vears of assault it is grati- fying to cbserve that the prin- ciples of Zoning have been vali- dated by the various courts of the country, and even by the Su- preme Court of the United States. Through the maze of hundreds of decisions and opin- ions handed down by the courts ,however, three warning signs |stand out clearly, namely, (1) that the zoning of any land or property or buildings must be a part of a comprehensive plan; (2) that Zoning must not be | arbitrary and finaly (3) that Zoning regulations must be rea-_ sonable. In sustaining the con- ‘stitutionality of the Zoning ordi- nance of Little Rock, Arkansas, !the United States Supreme Court ‘discussed its attitude toward { | NOTICE TO THE PUBLIC of Temporary Suspension of SERVICE BETWEEN KEY WEST, HAVANA, ST. PETERSBURG Because of the necessity of dry-docking for repairs, repainting, etc., to the P. & O. S. S. CUBA Will be withdrawn from service until further notice Last sailing from KEY WEST to PORT TAMPA and ST. PETERSBURG 5:00 p. m. April 4th Last sailing from KEY WEST to HAVANA 10:30 a. m. April 7th Last sailing from Havana to KEY WEST 9:00 a.m, April 4th Last sailing from PORT TAMPA via ST. PETERS- BURG te KEY WEST 2:30 p. m. Saturday, April 6th The 1939 session of | regula-’ Zoning in the age: “So long as the question clearly unreasonable ‘and trary, and . operates — unif upon all perscns, similar}; uated in the particular the district itself not appearing to have keen arbitrarily select- ed, it cannot be judicially de- clared thet there is a depriva- tion of property without due process of law, or denial of the equal protection of the law within the meaning of the Four- teenth Amendment”, ~ In the past fifteen years a number of cases involving Zon- ing regulations have come before the Florida Supreme Court. which body has likewise reflect- ed the judicial trend elsewhere in the nation. In recent years there has been an awakened interest in and de- mand for Zoning regulations among ,our Florida municipali- ties. Some of this interest has resulted from the encroachment of business and industry into areas devoted predominately to residential uses and.in this re- spect the corner filling . station has been the most .consistent of- fender. To the Federal Housing !Administration, however, is due the credit for arousing the great- est amount of interest in Zon- ‘ing. The Federal Housing Ad- ‘ministration has waged a steady campaign for the physical bet- terment of communities wherein ‘residential loans are insured. Not only does the Federal Hous- following langu- in be regulation not shown to arbi- is ing Administration encourage the | ‘adoption of Zoning regulations but the adoption of other re- strictive cdvenants that will as- sure the continuing character of residential areas once establich- ed. A third factor that has also influenced and intensified a re- newed interest in Zoning has been the expiration of many re- strictive deed covenants, It is unfortunate that a large percentage of our citizens con- fuse Comprehensive, Planring with Zoning. The.two are far from being one and \the same. Zoning hes. its-definite, place in the Planning picture but Zoning is just one of the several. ele- ments of the comprehensive plan.. Many authorities are of the opin- jion that Zoning should net be undertaken as the sole objective feeling thet Zoning “should have‘ as its basis an intelligent: study , of plan ‘projects and the same detailed knowledge of the, city’s structure as is essential to the preparation of a workable City Plan”. Our experience and _ observa- tions covering many years among Florida municipalities suggests a few comments on some practices that have been followed in the preparation of Zoning ordinances and plans. In the first place it} is wrong for any city.to proceed on the as- |sumption that Zoning regulations jare standard and_ stereotvped /Such is not the case. Because this belief prevails among so many officials it is not uncom- mon for a. city contompletin jzening regulations to adovt regu- lations already effective in some other city. And further, itis not strange to learn thet the several zones or Gistricts into which the and PORT TAMPA : NO INTERRUPTION OF P. & O. OVERNIGHT SERVICE BETWEEN MIAMI AND HAVANA Leave Miami, Tuesdays and Fridays 7:00 p. m. Leave Havana, Thursdays and Sundays 7:00 p. m. ' SCHEDULE EFFECTIVE ON AND AFTER APRIL 9TH THE PENINSULAR & OCCIDENTAL STEAMSHIP COMPANY Florida National Bank see sap a Florida SUBSCRIBE FOR THE CITIZEN—20¢ WEEKLY. | city has been divided’ were de-|have been detected and arbitrary jbusiness strips have resulted in lineated arbitrarily by a group ‘regulations would have resulted.'demands for sitting in an office without the Consequently it is most import- amount of business property and aid of the essential field studies.'ant that the city be thoroughly ‘elso have created depreciated Such zoning is arbitrary and un- reascnable and in all probability would be so adjudged by the Souris. 1 fale sense cf security. No two cities are alike; the re- vaircments of or demands made cn one are not at all adaptable to the other. The only way a Zoning regulation and map can , Se prepared. for any. situation is «0 do tile job in a comprehensive way following a eareful physical survey cf all land and building ases in the city and a study of all ds affecting the community’s and development. Zoni sned to direct and control rewth and development but ‘Zoning chould be fitted to a *Cmmunity only after the most exhaustive study of that com- munity’s individual requirements and potentialities”. Is recent years we have de- veloped seven Zoning crdinances and plans for Florida cities and no two are alike. The compre- hensive and intensive field studies in each situation revealed conditions that were fundamen- tal in determining not only the types of districts but essential vrovisions of. the tegulations Had an arbitrary course ‘been sursuéd in anv of these situa- tions certain predominating in- fluences and factors would never Such Zcning gives one! ‘dissected, studied and before the zoning plan is finally defined. Florida, in particular, with its expan:e of land extending from Pensacola on the west to Key West on the south, boasts of cit- lie@of yarious types and require- ments. There are cities of the strictly commercial type serving tributary agricultural areas; there are cities whose development jand growth is closely Wenttified with industry and transportation; there are cities of the rural type yet presenting the tourist appeal and then there are many places whose teurist appeal is one ¢f the predominant assets. Obvious- ly where such OF codadectitan group of city structures are en- countered it is clear that no stereotyped form can be used and further that careful study and consideration should pre- plan.and text ordinance. Our operations in various Flor- ida cities have also revealed a number of problems peculiar to! this section of the country, .prob- lems requiring special study and | treetment as thev relate to the individual «ities, Some of these are. (1) cupied business strips resulting from the boom. These straggling of the Zoning ,our citizenry cede the definition of the Zoning , ‘More and more thought is beitig PAGE FIVE ‘lations developed and adopted years ago are being regtgdicd and revised to better meet the current situation. This practice cannot be too strongly urged be- cause cities undergo great chang- es and regulations appropriate to the changing conditions must Le provided. It must be remembered that Zoning ic not something untried and new. Zoning has stood the test of time and courts. Zoying is not a process of confiscation but one’ Uf’ {thbilization and in he final analvsis, Zoning must be properly done. an unjustified land obsolete arcas. Less froni- age zoned for business uses would result in 2 stabilization of values jim the more compact business areas. (2) The temporary hous- ing or accommocaation of winter ivisitors injects the problem of ‘apartments, garage apartments, ‘tourist hcuses and cabin camps into the zoning picture. (3) The {treatment of races is also gne of the principal problems facing those entrusted with the develop- ment of Zoning plans and regu- lations. By Zoning, races can- not be segregated, a pvimt the Federal courts have repeatedly ruled on. (4) And then the con- trol of roadside developments or, businesses such as barbecuc stands, jook joints require care- ful consideration. Throughout the nation IT MAY BE DEADLY CARBON ee today is becoming in- creasingly planning - minded. devoted to planning studies by individual unofficial groups and officials and in some places ad- ditional funds are being provid- ied for Zoning and planning stud- | ies. All of this interest is en- couraging because it all helps to meet the demands and require- straggling, partially oc-|ments of a new era. In many places throughout the NATIONAL Saray COU .country Zoning plans and regu-' seecesecscseseseseoceses POLIT ICAL-ANNOUNCEMENTS Monroe County Democratic Primary, Vay 7, 1940 For Governor SPESSARD L. HOLLAND For Governor FULLER WARREN For Governor FRANCIS P. WHITEHAIR For State Comptroller J. M. LEE For Attorney General E. B. DONNELL For Circuit Judge ROSCOE BRUNSTETTER (Gro up 1) Ability—Experience—Judicial Temperament For Judge Circuit Court W. H. BURWELL (Grou p One) For the Full Term Ci ircuit Judge, Group 1 JUD'SE ROSS WILLIAMS, Present Judge Ably carrying on the tradition of the late Judge Atkinson For Judge Circuit Court FRANK E . BRYANT (Group 3) “A Free and Un-Trammelled Judiciary” For Judge of the Circuit Court GEO. E. McCASKILL (To Succeed Judge Trammell) (Gro up 3) Re-nominate JUDGE WORTH W. TRAMMELL For Circuit Judge (Group 3) .For Judge of the Circuit Court - _ JUDGE PAUL D. BARNS (Group 4) For Judge of the Circuit Court ROBERT J. BOONE (Group 4) For State R WILLARD epresentative M. ALBURY For State Representative BERNIE (For Re- C. PAPY Election) For County Judge ROGELIO GOMEZ For County Judge RAYMOND R. LORD ‘For Re- Election) For State and County Tax-Collector FRANK ' (For Re- H. LADD For State and County Tax Collector JOE C. MCMAHON Soe For County Tax Assessor CLAUDE GANDOLFO For County Tax Assessor J. OTTO KIRCHHEINER (For Re-Election) For Clerk of Criminal Court C. SAM B. CURRY (For Re-Election) For Clerk of Criminal Court HARRY DONGO For Clerk of Criminal Court LEONARD B. GRILLON “Lennie” Elect T. JENKINS CURRY For Sheriff For Sheriff BERLIN A. SAWYER Re-Elect KARL O. THOMPSON For Sheriff For County Commissioner, First District EDUARDO C. GOMEZ “Eddie” For County Commissioner, First District WM. H. MONSALVATGE (For Re-Election) For County Commissioner, Second District J. FRANK ROBERTS For County Commissioner, Second District BRAXTON B. WARREN (For Re-Election) For County Commissioner, Fourth District WILLIAM T. DOUGHTRY, JR. For County Commissioner, Fourth District NORBERG THOMPSON For County Commissioner, Fifth District R. W. CRAIG Known Universally As “Poor Old Craig” of Craig, Fla. For County Commissioner, Fifth District MRS. ELLIE LOWE (Formerly Ellie O'Rourke) For County Commissioner, Fifth District W. A. PARRISH For Member Board of Public Instruction, First District DONALD CORMACK | For Member Board of Public Instruction, First District CLARENCE H. PIERCE (For Re-Election) ‘For Member School Board, Third District RALPH K. JOHNSON (For Re-Election) For Justice of the Peace, First District * FRANKLIN ARENBERG (For Re-Election) For Justice of the Peace, First District RAUL RILEY CARBONELL For Justice of the Peace, Second District ENRIQUE ESQUINALDO, JR. (For Re-Election) For Constable, First District RAY ELWOOD For Constable, First District HARRY JOHNSON For Constable, § 4 District BASIL R. TYNES