Source:Resolution protesting council-manager government, 1931

At its September 5, 1931 meeting, the Pensacola City Commission passed the following resolution, protesting the impending change to a council-manager form of government, and arguing that the effecting acts of the Florida Legislature were unconstitutional.

A resolution protesting against certain named parties presuming and attempting to act as councilmen for the City of Pensacola:

WHEREAS, the Board of City Commissioners of the City of Pensacola are advised that H. Clay Armstrong, J. T. Baillies, Max L. Bear, A. C. Binkley, Quintin Borras, George C. Hallmark, John A. Merritt, S. T. McAdam, William L. Moyer, and F. M. Turner, claiming to have been elected to the pretended office of councilmen, will attempt to qualify and to exercise the pretended office of councilmen for the City of Pensacola under House Bill 197 and Senate Bill 936 of the Laws of 1931; and

WHEREAS, the Board of City Commissioners composed of J. Harvey Bayliss, Adrian E. Langford and Ernest E. Harper, are advised that the acts under which the said parties assume to act are unconstitutional; and

WHEREAS, the Supreme Court of the State of Florida has not passed upon or determined the validity or unconstitutionality of the said Senate Bill 936 or House Bill 197 in the proceedings had before it attacking the constitutionality of said acts; and

WHEREAS, if the said laws are determined by the said Supreme Court to be unconstitutional, the acts and proceedings, if any, done and performed by the said pretended councilmen will be void and of no force and effect; therefore

BE IT RESOLVED BY THE BOARD OF CITY COMMISSIONERS FOR THE CITY OF PENSACOLA:

Section One. That the Board of City Commissioners composed of J. Harvey Bayliss, Adrian E. Langford and Ernest E. Harper, each one of whom was duly chosen and elected and did duly qualify and are now duly qualified and acting as Commissioners for the City of Pensacola under the City Commission Charter and laws governing said City, are the only lawful officers of said City authorized and empowered to conduct the affairs of the said Municipal Corporation of the City of Pensacola. And therefore, we, as the Board of City Commissioners for the City of Pensacola protest against the said parties above named attempting to qualify or assuming to act as councilmen for the City of Pensacola under said unconstitutional acts, and we further protest, as the Board of City Commissioners for the City of Pensacola against the said pretended councilmen assuming to perform any duties or functions in connection with the management or conduct of the affairs of the City of Pensacola, that are vested in, and conferred upon, the said J. Harvey Bayliss, Adrian E. Langford, and Ernest E. Harper, City Commissioners of the City of Pensacola, as aforesaid.

Section Two. That the City Clerk be and he is hereby directed to record this Resolution in the Book of Ordinances of the City of Pensacola, and to cause a duly certified copy thereof to be served by the Chief of Police on each of the above named pretended councilmen immediately.

Passed: Sep. 5, 1931.

Attest: J. E. Frenkel, City Clerk.