The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-08-01


on the Internal improvement Fund" written
with the evident design to create the impression
that great wrong had been perpetrated; that
the Trustees of the Internal Improvement Funo
were derelict In protecting the fund, and that
this journal was purposely silent about the
whole matter. If the editor OF the EcOnomLf
had chosen to do so, he could, by walking over
to the Office of the Attorney General, have
learned all the facts in the case, and given true
statement to his readers. We are compelled TO
believe that this course, while evidently the BEST
did not suit the purpose of the EconOn'ta
The amount involved, or claimed as we have
already stated, is or was about $40 900, $50 900
formerly held by Mr. Sammis, but now by Mar
shall Durkee bought by him of Sammls Tor 81
500 the other $4,000 owned by the heirs OF the
late Colonel Sanderson. The claims were In the
shape of coupons of bonds, endorsed by the In
ternal Improvement Board, and which were de-
posted with SandersOn and Sammis, directors
of the Central road, and which. in fact and in
law, are not valid claims against the fund.
These claims were brought forward in the
United States Court at Jacksonville The Sam
mis- claim, owned by Mr.. Durkee, was, by con-
sent of the trustees decreed TO be paid TO the ex-
tent of $4,000 as compromise. Pretty good
profit one would say, ON the MarshaTs 81, 5OO in
vestment! This consent of the trustees, as we
have understood, was based on an affidavit,
which, after the Economists agitation OF the mat
ter, was discovered to be unquestionably not
true. But meanwhile and before our cdUedt, $0,-
600 had been paid to Major Durkee.
The true history of the case is as follows:
The Central Railroad Company, before the
war, purchased iron from Reed & Hooper, of
Boston and New York, and gave the notes OF
the company, endorsed by Sanderson and Sam
mis- as individuals; Sanderson was President,
Sammis Director. These gentlemen had the
credit which the road lacked, and they endorsed
to enable the road TO obtain the iron which was
put on the road When the Central Company,
after the war; was about 10 turn that road over
to the Pensacola and Georgia Railroad Company,
they passed the following resolution to protect
Sammis and Sanderson:
JACKSONVILLE, January TO- 1868.
" Res0lued That $4,000 of the coupons cut
from the first NOR gage bonds now in the posses
sion of the Secretary and Treasurer be turned
over TO Mr.. J. S. Sammis To be deposited with
Reed s. Hooper, as collaterals for the debt due
them"
Afterwards Sanderson and Sammis settled the
debt satisfactorily with Reed & Hooper, which,
principal and interest, was greatly in excess of
the $4,000 of coupons given them by the rail-
road company for their protection.
The coupons were either not received as col
lateral by Reed & Hooper, or on settlement by
Sanderson and Sammis were surrendered TO them
These coupons were presented TO the master in
the VOse case, and claimed TO be lien on the
fund. The master took testimony and reported
against the coupons. The masters report was
excepted to and the matter rested on these ex-
ceptiOns for several years. During this time
Major Durkee purchased the coupons from Sam
mis-. The court had in the meantime made de-
cisions which tended to decide that coupons,
like bank bills, could not be inquired into, the
mere fact of their existence in the hands Of
third party, being prima frcie evidence of valid
ity. Major Durkee therefore felt that he was en-
titled to receive the face value of the coupons,
| with interest, from the time they came due I'll
they were paid. Further testimony was taken,
and it was shown by the affidavit of Sammis
! that he had paid $4,000 to Reed & Hooper, in
the settlement of this debt and that the settle
ment was made about July g. 1869. Attorney
General Raney exhausted every means which
| promised any success, to discover evidence go
| ing to show that Sammis had been paid the
whole or any mart nf his claim The assistance
OF Judge Niblack, of Columbia county who was
formerly President of the company, was asked
and he did all he could TO discover evidence
without success Having failed to find any evil
dence that the debt had been discharged, and it
being, so far as could be discovered, a Just one
against the fund, consultation was held py Mr.
Raney and the attorneys of Major Durkee and as
matter of strict justice it was agreed that Sam
mis- was entitled TO the amount he had paid out,
with interest at eight per cent. until it was paid
Accordingly, on December 81, 1881, consent
decree rendered settling the claims at So 900,
with interest from July 6, 1869, and soon after
IS 900 were paid to Major Durkee
If the EcOnomls knowing the true history of
the case up to this time can point out anything
wrong or dishOnOrable, either in the conduct of
the Attorney General or of the attorneys of Ma
jOr Durkee, it either has sharper eyes than or
binary mortals, or is governed by some other
code of morals than that which is presumed TO
govern in all Christian communities But after
this consent decree, documents were discovered
among SandersOn's papers which tended to show
that Sammis had received payments on account
which he had not credited, and that therefore
less amount was due than the decree called for.
WhereupOn Acknowledgement Raney filed pc
titiOn on the 18th of April, setting out the cou-
pons and the entire history of the proceeding in
reference to them and asking the Conrt 10 va
cate the decree and cause the $4,000 paid under
it TO he refunded, on the ground that the decree
was based upon an agreement made upon a mis-
apprehension of the facts Upon this petition the
Court made a rule for Major Durkee to show
cause why the decree should not be vacated. To
this both Durkee and Sammis answered. The
Trustees filed replies in the nature of general
replicatons. This brought the question of fact
TO an issue. Testimony must bc taken and sub
mitled TO the Court before any other decision
will be rendered, and there the matter now rests.
What the result will be, we, of course, cannot
tell but il is certain that the public interests will
not suffer through any want of energy or care on
the part of the Trustees or their attorney. The
Economist will find that in this, as i'm every other
case where serious charges have been made, they
are entirely groundless
To the Republicans of Florida.
FeLLOr citizens: Having watched with some in