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


public measures in progress, and believe under the
exclusive control of the State
refers strictly the completion of such public works. incud
ing railroads as were projected and in progress or partially
at the time Of the adoption Of that phrase in the
fundamental law of the State.
have thus given, briefly possible, my opinion in
reply to the questions ropounded Whether or not the re-
cent under this constitutional provision wse
cannot affect the action of the We have from these
seats right question the wisdom Of the Legislature
to the in which they have exercised exercise
their discretion.
have the honor to be-
Verv respectfully,
E. NJ. RANDALL, c. j.
An examination of of Governor Reed and Of the
response of the Chief Justice fails disclose that the latter
asked for opinion touching the validity of the bonds
which by the act Of January 1870 authorized be issued
and the Chief Justice does his response touch upon that
question: 1t would have been manesty improper for the
sponse to have gone beyond outside Questions
But it was called to the attention of the committee that
Supreme Court of the United States in the of opn
ion in Anderson State Otto e7s) ssid referring to this
letter and the opinions:
1.-The Judges of the Supreme Court of that State in answer
certain questions propounded by the Governor in accord
with the provisions of the State Constitution have given
official opinion which has been generally understood ia
rorabte to the validity of the bonds
The opinion Favorable to the validity the bonds inas
much determining their validity the questions put by
the Governor would be involved But the opinion could be
used only 10 that rtn when the question mot then preete
of the validity of the bonds should be discussed Not only
that question not asked but If had been, admits of
grave doubt whether bonds having already
issued and perhaps negotiated would have been proper for
the Chief Justice to it, To do might have been
adudcate upon private rights without M to use
the language of Mr. Campbell himself in of his published
articles on this subject
However this may be- it remains ndsputabe that opn
ion fa 1Sed expressed to the validity of these
bonds
1t necessary, therefore the Chief Justice
make explanation OF his opinion but he did state before
the committee that the question of the validity Of these bonds
considered by him when he wrote his response and
that he did read the of 1870 when that response
was given 1t clearly was not necessary for him to read the
in order the questions The to these
questions depended solely upon the OF the consu
simply the of their being asked There being
attempt contradict the statement of the Chief Justice
and suggestive of doubt OF the truthuness
of the statement made by him. would with any fair minded
partsandispel any doubt, had there been
for any, arising out of the opinion itself.
1t is not however claimed that there any judicial i'm
proprey giving this opinion favorable to the validity of the
bonds, that improper if time
any disqualification give judicial opinion their val
dtv but it is said he not then disqualified the disqua
fcaon mentioned in the Holland case requires explanation
and so it So then pass to the Of Holland
State and others in the report of which there is note fol-
lows page SIT:
the and Judges Bryson and Goss called in"
1t clearly shown to the committee by the testimony of
the Chief Justice the Clerk of that Court when the opinion
rendered. and by the minutes of the that this note
solely inference of the reporter The minutes of the
simply rcte that whereas the Chief Justice and Asso
cate Justice VanV Valkenburgh Disqualified Judges Br
and Goss called in The for the dsquaca
tons not set out they should not be- the only OF
entry being record should rece the urisdctiona
fact of disqualification for calling in other judges
The reason given by the rorer was mere inference OF his
made known the Chief Justice noticed by
him he sates until after the report printed in book
form.
But the CheJutce testified that before he came upon the
bench he had BEEN employed by Mr. Francis Vose counsel
in connection With certain proceedings in the Federal Courts
arising ont of his ownership of ysn bonds of the Florida
Railroad which had been issued under the Internal Improve
Act Of 1885, and had the counsel of Mr. Vose given
opinions upon the rights Of Mr. vos the holder of these
bondsthat Mr. Vose aerward became the of bonds
issued under that by the Florida Atlantic and Gulf Gen.
now Florida Centra by the p G. and by the
Tallahassee Raroadtha upon examination of the record
in the Holland when it into the Supreme Court it
appeared him that questions might arise respecting the
issued under the Internal Improvement Act Of 1855 abou
which he had given counsel opnon and the holders Of
those issued under the act Of 1s0that seeing this he felt ne
compromised Judge in that case and retired and
that this the sole of his disqualification Now this
testimony of the ChiefJusce is absolutely without
of contradiction and must in fairness be taken
In the defence stated answer Holland to the bill
that case it claimed there favor Of the
Trustees Of the Internal Improvement Fund Of
bonds issued under the act Of 1885, and Justice Weco
o. p. 539, 10 FlaY:
Tho seventh defense has reference to the claim of the
aos Of the Internal Improvement Fund under the bonds
;snod urder the iateTnal Improvement Act Of 1885,
Ana tbe soud be end of all ntimaon that the Chief
rstice was dis uaed by of having been counsel in
that case having become interested IN the subject matter
Of that litigation the date he responded to the letter
If Reed and the hearing Of that He further
that he never has a ne noaer or
holders of any of Florida State bonds the validity whereof
his onnion to Governor Reed supposed to have favored
and had any either IS counsel or an individual
in causing them to be issued
Mr. Campbell urged by counsel Of the Chief Justice to
testimony support the charges ana veo oy
of the Committee to do So out 70 90 80 OF 20
testify himself Z, II
h Chief Iustice has been fully indicated by the nves
CATION entitled at the hands OF the Assembly, TO COM
, xoneration from all suspicion Of improper conduct
| p4e W. j. McGRATH
NJ nouoberv moved to have evidence and correspond
.ddnced lfore the Committee read to the Assembly
Which agreed and the evidence and
was read follows:
TESTIMONY coMhTTKE OF INVESTIGATION IN TIL