The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1881-03-08

case
~Mr. Editor here is plain statement of undeniabe facts
which, the accused trial before him. the Chief
Justice would not hesitate to say rna ace case
case you explain, and that without explanation.
m be deemed conclusive OF your guilt.
"At page SIT of Is Fla. Reports it is stated that c. J.
Randall did not sit in Holland the State because he had
been counsel case Now is not plain that if his
aner received before he Chief Justice that ne
mtted the fraud imposing upon the public the opinion of
the If the other hand he took the retainer after
his appointment Chief Justice he took essentially
brbe for how could he as Chle justice take lee IN any
As to the other charges against j. Randall
cate the establish them will be forth
coming when required by al investigating committee.
'As all official crimes and misdemeanors. the House of
Representatives the grand inquest for the State and more
over member soemny and sacredy bound by his oath
in such grand Juror required to act
respect the crimes and msemeanor of people
This questo who is not ready to declare that con
stlutions and lar - I'D reSfrain gRdts, but
powerless to entangie JUSTICE
The only evidence offered the Committee support Of
the charges the above recital the letter of Gov
Reed printed in ID Fla 6s9 and the answer OF the
Chieus that letter in book page 49, and the
report of the of Holland State and others Is Fla
This was absolutely the whole of the testimony offered
support the said charges.
ChiefJ usce Randall the request of the Committee, APP
peared before it in his proper attended by John
T. Walker John A. Henderson, Esqs his counsel, and
made statement and submitted himself be inerrogaed
by the Committee. we'll by Mr.. Campbell who pres
ent
The letter of Governor Reed is follows:
To the Honorable E. W. Randall. ChiefT4ce Of the Supreme
Court of the State of Florida:
SIR: By Section l6 Article ), of the Constitution. may
require the opinion Of the Justices of the Supreme Court upon
any point of law.
Under this constitutional provisions have the honor ask
opinion of the Supreme Court upon the following points Of
law
First. Section Article l2 of the Constitution of tie State
of Florida reads The Legislature shall have to
vide for issuing State bonds bearing interest securing
debt the debt and for the erection of State buildings sup
port of State institutions, and perfecng public works
Second The Legislature at the third General Session
laws to aid
be public works and expressing their intention to
aid in perecting of the public works embraced in the IN
tena improvements of the State See 3D. Session. Laws
1870, pages TO- so and 80
Third. Has the Legislature power 70 declare what
'pubc works ?" Are railroads public works referred to
by the Constitution and has the Legislature under
Constitution aid he construction and completion Of these
public works:
Governor of Florida.
TALLAHASSEE, Feb 6, 1871.
Opinion of E. NJ RANDALL c. j. in reply the letter of
the Governor dated February 6, 1871.
TALLAHASSEE FLORIDA, February %. 1871.
To HIS Ercelleacy Harrison Reed. GOrcrn0r:
SIR Your official communication of the 9th inst. would
received earlier reply but for the fact that at the time
it received much engaged in other official duties
which required early attention.
Your questions suggested by legislation under the
7h Section of Article XII of the Constitution which provides
that the Legislature may provide Tor issuing state oon
bearing for securing the debt of the State and for the
erection State buildings support of State institutions and
perfecting public works. follows
Has the Legislature power to declare what are Puoc
works."
2 Are Railroads public works referred to by the Consttu-
tion and
Legislature power under Constitution to aid
in the completion of these public works
AS to first question: Has the Legislature power to de-
what public works? If by this inquiry it is intended
ascertain whether "-on everything which the Leg
islature might dec rch. or would be-
come such within the meaning ol BY the legis-
latye declaration must negative Railroads
or canals of internal Improvement and general
utility whether operated and owned by the State or by coun
y individual not public works by reason OF the
hv Of
Of their peculiar character their and purposes
oeca. general effect all combined.
anu = I!T brhy II the Legislature should declare my
uS.i~ Nubc work" the simple declaration would not
mouse 70 pe in fact. 1t would yet be my private
property and the gene t t6ev had before the
to enjoy without by the State to aid in building
perfecng my house. because n Of the Constitution
would not be warranted by the prov.
referred to. >ublie works " re-
To the second question Railroads according to
ferred to by the Constitution answer that re public
the common idea to what a railroad is they +be c;t
works They constructed whether by the State
zen for the and convenience Of the public for pupo
intercourse of aong markets for all the productions OF the
country They enhance values encourage and promote mm
grafton increase the extent of productive agriculture and are
like natural streams public necessities the highways upon
which all travel and transact business access to them
ing open all the people equal terms and can be "
But argument and illustration superhuous The
sative and judicial branches of nearly all the States OF the
Union well of the United States Government have so
thoroughly settled question upon principle well
public necessity would idle and futile to attempt
to reverse the in that direction stay the tides of
the with broom.
the action of the several branches OF the OF
this State in reference to railroads like enterprises and in
of which action the terms of the were doubt
less used have given us an unmstakabe guide determining
the meaning Of such terms employed in 1t on this SUBJECT SIS
to require Interpretation.
To admit that railroads are public for purpose and p
yate for another purpose solves the whole question involved
II they public works in any they are so within the
terms of the Constitution
In the exercise of the right eminent domain, not only
this State but practically ali have used the power
suecng private property the public use and necess