The Daytona gazette=news. (Daytona, Fla.) 1901-1922, 1904-06-07

except such as The Legislature author
lied to he otherwise applied, and tines
exceptions apply exclusively To tn
swamp and oyeriiowed lands. The-s
are the lands granted to the st John
Railway company under the 18th sec
ton of its charter. and the grant i
strictly within the limits, and only, q
the lands named in the 18th section
which reserved the power To the Legisla
ture to make the grant II they veste,
in the trustees, they did 40 subject Il
this reserved power of the Legislature I,
dispose OF them in the manner and 10,
the purposes mentioned in the 9th rec
ton of this act
LEGisLATURE NOT BOUND
I'm the same decision the Supreme
Court repeats what has been held by all
appellate tribunals, that the power oil
one Legislature il not limited by the Mt
| o! an antecedent one, unless tn. act oI
the first il Of such character ~ Ia Gull
into operation a constitutional nita.
ton upon the power Of the second The
internal improvement act in not organic
law. On this point our Supreme Court
says, on page $50: The power OF the
Legislature reserved In the Doth section
being an original power not parted with.
In not and could not be limited bv thu.
9TH section 30 as to prevent any future
Legislature from exerci ing its su-call-d
power over the same SUBJECTS. unless
rights had become vested arising under
contract which brought into operation
some constitutional limitation upon the
exercise OF such power by future Iegis-
Iature. This Is principle well estab-
Ilshed by all the authorities ON this sub
pet.
BENEFITS FROM LAND GRANTS
When the lands were granted direct
to the railroads, not a single right re-
manned vested that could be impaired.
The sale TO DiSst0n had enabled the trus-
tees 10 pay every creditor of the board
Since then the board has not created any
new debt On the contrary. il has nc
large fund which il subject
to Legislative authority. l may add that
but Tor the policy OF granting lands d.
rect to railroads the board would never
have been able to accumulate any funds.
but would probably have been hop-lessly
IN debt at this time. and involved in
costly litigation.
NECESSITY EoR LAND GRANTs
At the time the policy OF granting
lands to railroads was inaugurated I'm
1881, all the decisions cited except that
IN "a Florida had already been rendered |
Nobody questioned the power of the
Legislature over the land, or it's power
to donate these lands To- enable the |
building of railroads. Indeed. TIN. net |
,reatfng the board Of trustees shows |
Hearty what the purpose of the legisla-
tive authority WIS The act itself pro-
'ided Tor STATE aid to railroads and |
annals. After the Vose decree was paid
The state abandoned its former plan
rran-e It had been. and was, a failure
From all parts OF the State came n d..
nand Tor the construction of railroads.
t was plain that the capital could not
~ attracted to build lines of railroads
nto sparsely settled territory, becaus.
here would be no return for years To
he Investment. The poor credit of the.
state prevented repetition Of the plan
4 hlch has proven 40 disastrous. and
lothing was left but To offer Inducements
o capital in the shape of direct land
rants. The plan then put in force was
and carried by the Demo
ratio party through its lenders. II.
earthly sustained IT,
ATTACKING DEMOCRATIC POLICY.
The mileage of railroads in this Stnt,
thre times ~ great ~ il would have
cen had anv other policy been pursued .
s member of the Legislsture voted .
D grant these lands to railroads. and in
Ding 40 think acted wisely do not
ropose tn stnlthy myself by assaiing n ,
policy which advocated
nd voted for. Neither do think DO
teal exlgencies warrant an assault
pom policy which has more than
Dubbed our population, and trebhled
nr taxable values. Hundreds OF tbons-
nds oil acres Of land so granted hive
~n reclaimed and are producing mil
ms OF crates of vegetables and fruits
Is easy now To criticiSe. but thor. who
so forget that in criticsing they are y
sailing Democratic acts. Democratic
'''ce- and Democratic pledges which
abied the Democrats TO redeem IA.
ate from Republican misrule.
TRUSTEES NOT 0MxIroTr,r II
The claim Of Mr. Broward than tho
'slslatun has no power 81 control
ef the'e lands L. not only in conflict .
th the decisions hay. cited. and 9th. !
could cite, but Is also in conflict
IN the act Grating the board of trus
~ OF the Internal improyeu.nt ,,,3 Il