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JANUARY 31. 1963
NENSMEN PARTICIPATING: Tommy Anderson, FLORIDA BROADCAST NEWS;
Bill David, NLCY; Robert W. Delaney, ORLANDO SENTINEL-STAR;
Barbara Frye. UNITED PRESS INTERNATIONAL; David Gretsch, CAPITAL
NEWS SERVICE; Charles Hesser, MIAMI DAILY NEWS; Emmette Johnson,
UNITED PRESS INTERNATIONAL] Ovid Lewis, FREE LANCE; John McDermott,
MIAMI HERALD; Jerry Mock, JOHN R. PERRY PAPERS; Walter Powers,
HERALD TRIBUNE; Steve Prentice, FLORIDA BROADCAST NEWS; Tom Raker,
INSIDE POLITICS; Bill Sensing, ASSOCIATED PRESS; Doug Starr,
ASSOCIATED PRESS; Ray Starr, ABC Radio; Bill Sweisgood, JACKSONVILLE
JOURNAL; George Thurston, WFLA-WJXT; Glenn Tomlinson, FLORIDA
BROADCAST ms; John Turner, WTVJ-WFGA; Martin Haldron, ST.
PETERSBURG TIMES-MIAMI HERALD SERVICE; Everette Hilliard. FLORIDA
TIMES UNION.
GOVERNOR: Good afternoon, ladies and gentlemen. Do you have any
questions? (laughter)
FRYE: Do you have any answers?
MCDERMOTT: Governor, would you veto a 67-senatcr reapportionment
if it were brought to you by statute?
GOVERNOR: Yes, I would.
Let me outline, because it seems to me I must do so in
order to explain that answer, some or the guidelines that are
formulating my thinking. The Florida Supreme Court has given us
a great deal or assistance now in removing many of the uncertainties
and contemplated alternatives. The Federal District Court has
certainly spurred thought along these lines and indicated, it seems
to me, that unless we do something it is within the realm of their
thinking that they will add to the members of the Legislature and
suggested elections be called for to fill the vacancies thereby
created. Mind you, I make that stat ement on the basis of a news
story of the telegram -- I have not seen the telegram.myselr -- but
I am relying upon the wire service. So, in each of these instances
we know more than we knew yesterday. And, I feel that it would be
desirable if I made my position abundantly clear so that the
Legislature might have as little uncertainty as possible there.
My first guiding principle is to get the Job done now by the
Legislature. To me this is a very important factor, and I want to do
everything that I can to assist in it being done. To get it done now.
The second guideline is to get it done have it done by
the Legislature. This is a legislative problem and while I have
the function to disapprove, and, as I have Just indicated will
disapprove, any act which does not meet what I believe to be the
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proper standard in this situation, nevertheless the initiative is
properly that of the Legislature and I hope that they will exercise
it.
The third standard to guide me in consideration of whether
any proposal legislatively initiated would be approved, is that
whether or not in my opinion the decisiOn will meet the approval of
the Federal Court. If it does not, or course, we are wasting our
time.
Fourth, in View or the submission by the Legislature to the
people or constitutional proposals last November, and their
rejection, I think that any proposal now adopted ought to be some
improvement in each or both Houses on that proposal. When I speak
of improvement I don't mean in the sense of numbers - there is no
magic in numbers. I had hoped for a lhh House. I still think it
would be a good one. However, I am more concerned with the degree
or percent or representation than I am with the numerical formula
used to achieve it. So that if the Legislature passes any acts that
come within these guidelines I would approve them and if they passed
acts which did not, I would disapprove them.
I note that proposals are now being considered for 110 members
of the House. The result achieved by this percentage-wise is, I
think, infinitesimally smaller in representation than the proposal
submitted last November. It does have what is for me the disadvantage
of eliminating some 2-man delegations that I think have historically
performed excellent service as a bridge between the small and large
counties or Florida the dynamic counties of the state -- but this
is a legislative matter. or course a proposal on equal proportions
as Mr. Turlington has suggested with a 114~member House, which is the
number or members called for by the Board -- that is to say, which
I understand to be the capacity of the voting machinery -- would
approach 30 per cent in popular control and would be an improvement
over the November preposal. The 67-ssnator proposal would involve
a popular control of 7 per cent of the population far below what
was submitted in November, and I, therefore, would not feel that that
was adequate to meet these standards.
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Now it would be very helpful to me,if this leaves unresolved
questions in your mind, if you would ask them at this time.
FRYE: well the he 110 plan, then - you don't think that would
be enough of an improvement to get your approval?
GOVERNOR: I would hate to make a final decision on that now.
Actually it would be about 2 per cent better in the Senate it
would be Just fractionally worse in the House. I would prefer 11.
I wouldn't say at this moment that I wouldn't approve llO. Frankly,
I am hopeful on meeting with members or the Legislature, after the
impact or these two court decisions this morning, to see what their
thinking is in these several regards.
SHEISGOOD: Governor, is it your opinion that reapportionment is
still in the hands of the Legislature?
GOVERNOR: Oh, yes. I don't think there is any question about that
as of this moment. Now, I realize that there are many, many opinions
on the purport of these telegrams and everything else, but to me it
is abundantly clear that the Federal Court is within the realm of
propriety telling us that we have a few days left and that if we
don't act they will act and that their action probably will be to
increase representation, thereby establishing vacancies and calling
on election officials to set in motion the machinery to £111 them.
SWEISGOOD: Do you think that it the court did this they would
make the vacancies in the state at large?
GOVERNOR: This I have no way of knowing. Their telegram does not
indicate in any way.
DELANEY: what is your estimate, Governor, of the few days that you
think they are saying you have left?
GOVERNOR: I don't have any real basis for an opinion on that.
DELANEY: Do you have a guess?
GOVERNOR: Well, now they are faced with the same deadline relative
to elections that we are. I would think that the last and critical
deadline for the calling or the election as I recall -- correct me
it I'm wrong -- is February 26. I would think that it would take
some time to get the election machinery in motion and resolve
various questions and then, of course, the court has got to have a
hearing and make up its own mind. After wandering all around the
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bush -- let me respond, no I don't even have a guess. (laughter)
I was trying to arrive at a conclusion, but I can't arrive at one.
MCDERMOTT: Governor, it's not necessary for the court to have
another hearing, is it? can't they act without any further hearing?
GOVERNOR: I have not followed the pleadings in that case well
enough to be able to answer you.
WALDRON: The 110 House member plan introduced by Turlington provides
that the election will be called within 120 days after passage,
which would make it possible to call the election after the '63
session.
GOVERNOR: Well, that was a constitutional amendment, not a statute.
WALDRON: Well in the form it was written its professional, I was
wondering if that was partly your -~-
GOVERNOR: I an or the opinion that we must do it before April.
FHYE: Do you still feel that it the Legislature has not come up
with some solution by Friday that they should adjourn and give up?
GOVERNOR: Hell, I will wait til Friday. This is a mechanical
matter which developing events effect considerably.
FRYE: Do you feel that they still have at least until Monday?
GOVERNOR: Oh, yes.
UALDRON: Governor, would the feeling or the large county delegations
on the reapportionment plan which the Legislature ultimately passes
have any effect on whether or not you would veto it?
GOVERNOR: W111 what?
WALDRON: The feeling of the big county delegations?
GOVERNOR: If it meets these four standards that I have set I won't
veto it. If it doesn't, I will. That's basically what the situation
is. I am trying to leave the Legislature which has the initiative
a maximum of flexibility. I don't like to be in the position of
telling them ahead or time what I will and won't do on things like
this, but I think because of the urgency and the limited time left
that they are entitled to know what the guidelines are so that they
can act within it. or course, they are free to pass an act, sustain
a veto, and pass it over that veto, so there is no problem there it
they desire to do that.
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FRYE: Governor, even though the court may not have to hold another
hearing in this current reapportionment suit, would not any plan
that is passed by the Legislature probably have to go to the court
for approval before elections would be called under it?
GOVERNOR: No. Any plan adopted by the Legislature would be
implemented unless stopped by the court.
SWEISGOOD: Governor, will you act immediately or within a very
short time after the Legislature comes out with something, will
you either sign it or veto it within a very short time to give the
Legislature.....
GOVERNOR: Yes, immediately.
DELANEY: How much time then, Governor, would be allowed for the
Legislature to have to attempt to override.
GOVERNOR: They have until the end of the 20 days. I would not wait
the 5 days. They could then have for the remainder of the 20 days,
depending upon when the Rules Committee brought the matter on the
floor on a motion to pass it, the veto of the Governor to the contrary
notwithstanding.
R. STARR: Governor, seeing the way the events or the day have
occurred, did you have any advance indication or personal feelings
the Federal Court was going to send that wire?
GOVERNOR: No.
R. STARR: Everything acted independently then?
GOVERNOR: gas. Independent of me. (laughter) That's all I know
about it if
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VALDROKE Governor, will you propose that this Legislature in special
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session attempt to r111 the void whioh the State Supreme Court says
[g/in our State Constitution now?
, GOVERNOR: Say that again.
HALDRON: What I am asking is --
GOVERNOR: Should they pass a constitutional amendment? Yes, it
would be highly desirable in addition to the statute.
"SWEISGOOD: Governor, is this a duly constituted Legislature for the
purpose of reapportionment?
GOVERNOR: Yes, for all purposes I would say. Except that I have
only called it for one purpose. That is to say, I have no question
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but what it lies within the authority of the Governor to broaden the
call and the Legislature to act within the broadened limits.
SHBISGOOD: Since the Supreme Court said that there are no
constitutional barriers and the Constitution doesn't govern, the!
still exist under the Constitution or the State or Florida?
GOVERNOR: Oh, yes. The courts has said merely that there are no
organic limitations on reapportionment. Now I say the courts has
Just said -- there are about five pages there -- but so far as the
Question you are talking about and I have only read the opinion tour
or five times myself, I think that is what it says. (laughter)
DBLANBY: Governor, one of the House members this morning in
committee charged that you had -- I will put it in his words rather
than mine: He said, "I think he has said, I as some to have it my
way or he would be willing to throw it to the Federal Court." Would
you want to respond to that?
GOVERNOR: I think what I have Just told you is evidence that this
isn't true. I have abandoned insistence on 144 the plan which I
originally sponsored. I am willing to take any plan, but I do think
that there are certain minimum criteria which my conscience requires
me to insist upon. Now they can do it any other way they want to,
providing they do it by constitutional means.
FRYB: Governor, do you interpret the Supreme Court decision as
meaning that Florida could go on forever without any constitutional
limits on reapportionment?
GOVERNOR: Yes, ma'am.
SWEISGOOD: Don't you think that the Federal Court would reinstate
the constitutional --
GOVERNOR: They may rewrite it, I don't know.
SHEISGOOD: But Just to get the effect of this opinion, in your
opinion it has removed forever the constitutional barriers that the
Legislature has to reapportion themselves?
GOVERNOR: Not in my opinion -- in the Court's opinion.
FRYE: In your opinion of the Courts opinion?
GOVERNOR: I agree with the Court's opinion.
FREE: Do you think that is a good idea?
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GOVERNOR: No, ma'am. But I have empathy with the Court when it says
that without conceding the right, I concede the power or the Federal
Court to do what it has done.
POWERS: Governor, when would the people vote on a constitutional
amendment?
GOVERNOR: Well, they can vote if it is passed by 3/hths maJority on
an emergency basis within some 90 days. Otherwise it will have to
wait the 196h general election.
SHBISGOOD: Is it your feeling that the Legislature is going to do
something now -- come out with a plan?
GOVERNOR: Yes, I think so. Are there other questions?
DELANBY: Did the opinion or the Court surprise you?
GOVERNOR: Which one?
DELANBY: From the State Supreme Court?
GOVERNOR: No, because after all this is what I said last July and
no lawyer is ever surprised when the Court agrees with him. (laughter)
FRYE: Last week you said you were afraid of what their answer would
be?
GOVERNOR: Hell, I was. No court lawyer is ever sure what the court
is going to say until he does.
D. STARR: Governor, why did you wait so long before asking the
Supreme Court for a ruling?
GOVERNOR: Because I couldn't have gotten one earlier. You will note
that the grounds upon which the court granted this opinion are very
tenuous in the light of precedent, and I find the language which --
I think the accumulation of factors: the legislative session, the
passage of the #2 senate proposal in the senate, the luminance of
Federal Court action, the fact that if the Legislature acts in one
way or the other there might not be enough time to secure Judicial
review or if there were time to secure Judicial state review
and it was adverse, there would be no more time for the State
Legislature to act, all influence the Court to go to the limit or
its authority. You must remember that in responding to advisory
opinions the Court acts as legal counsel as it were to the Governor.
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However, they are extremely reluctant to act on what are called
"if-y" or conditional questions. They don't want to act until
there is something concrete. If I asked them before the Legis-
lature met this last time, "If the Legislature comes back and if
it passes an act to do so and so, will you do so and so," I Just
don't think that they would have answered the question. And for
these reasons I think this was the first moment it could have been
done. It is the reason we hurried to request an opinion when the
Senate acted and I am extremely grateful to the Court for going
to the limit of its authority in responding.
DELANEY: Governor, some members of the Legislature have said in
effect that they felt the State Supreme Court had sold them out
to the Federal Judiciary, do you think this is a valid criticism?
GOVERNOR: I dont like to question people's motives, even the man
who said that. But I have no reason to believe that the Supreme
Court of the State of Florida acted upon anything but its con-
viction of what the legal situation is. The opinion, I note with
some pleasure, was unanimous, and I have no doubt that the members
of the State Supreme Court are as eager as is any member of the
Legislature to sustain the sovereignty of the State. I would say
to this particular legislator, and I don't know who he is, that if
there has been a failure it has not been that of the Supreme Court,
but perhaps of that individual in not reaching a solution to this
constitutional problem before.
SANSINO: Governor, does the state have any plans at this time to
file additional briefs before the Federal Court?
GOVERNOR: I don't know. I am not a party to the suit, and I am not
conversant with the plans of those that are.
R. STARR: Governor, on another subject, the Florida East Coast
Railway strike, do you have anything else to report on it?
GOVERNOR: Nothing other than you have received on the wire already.
R. STARR: Do you think it is hurting our economy badly?
GOVERNOR: I think it is going to seriously affect developments in
the Canaveral area, the construction of roads, The movement of
heavy equipment generally is bound to be adversely affected. I
suspect economically in that whole east coast area served primarily
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by the Florida East Coast Railroad there will be significant effects.
I can't say serious, because I am not apprised of the financial effect
R. STARR: Do you think anything can be done that is not being done?
GOVERNOR: By whom?
R. STARR: By the State?
GOVERNOR: No. As a matter of fact we have gone a little bit beyond
the call of duty. There is no place really for the state to be
involved, but we have nevertheless had Mr. Youngmsn over there
offering his good offices and doing, I think, some effective work --
I hope some effective work.
WALDRON: Governor, if the Legislature does not pass a constitutional
amendment at this session on reapportionment, will you ask the
regular session in April to do so?
GOVERNOR: Yes, sir .
LEWIS: Governor, if you are asked to address a Joint session or
the Legislature at this time would you do it?
GOVERNOR: That is an "if-y" question. I havent been invited and
I don't like to accept invitations that nobody has extended.
THURSTON: Do you have anything to say to them if you were invited?
GOVERNOR: If I an I will formulate those statements then.
Thank you very much.
STARR: Thank you, Governor.
PAGE 1
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PAGE 2
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