The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-02-07
TERM OF GOVERNOR BRowARD
WILL BE sIeNALi ED BY LITI-
CATION IN STATE AND FEEDER
AL COURTS TO DETERMINE
OWNERSHIP.

Tallahassee. Fla, February g.
The four years term of Governor
Napoleon B. Broward, of Florida,
which commenced month ago, will
be signallized, among other things, by
a prolonged ard determined legal con-
test, in both the state and federal
courts. for the ownership OF that vast
and partially unexplored swamp in
the extreme southern portion of the
peninsula of Florida, known on the
maps as the Everglades.
IL is a contest between certain land
grant railroad and canal companies
and the trustees of the internal inn
provement fund of Florida for some
three million acres of swamp and over
flowed lands, believed to possess
enormous ultimate value, title to
which now vests in the said trustees
under patent from the department Of
the interior of the United States, by
virtue of an act of congress of 1850,
but which are claimed by numerous.
railroad and canal companies under
numerous grants by the legislature of
Florida.
The trustees of the internal i'm
provement fund constitute one of the
boards of the state government Great
ed by the legislature in 1855, and con-
Sisting of the governor, comptroller,
Encouragement. treasurer and COM
missioner of agriculture. The act Of
1856 creating the trust conveyed all
title possessed by the state to the vast
tracts of public lands within this
state, amounting to approximately
twenty million acres, granted to Flor
ida by congress in 1S41 and 1850, to
the trustees to be administered by
them for purposes Of drainage and in
ternal improvement.
Granted to Railroads.
In subsequent years, and especially
in the '70s and sos, the state legisla-
ture passed from time to time. num-
erous acts incorporating railroad and
canal companies, and in practically ALL
if not all, of them Incorporated grants
of lands. in some cases amounting to
10000 acres per mile of line construct
ed. Prior to the incoming of the Jen-
nings administration in 1901 it had
been the policy of the trustees for
many to recognize these grants as
such, and millions of acres of lands
had been decided under them.
Governor Jennings made deep and
exhaustive study of this subject and
reached the conclusion, very briefly
stated, that as the legislature OF 1855
had conveyed all of the states title TO
the lands in question to the trustees Of
the internal Improvement fund, sub
sequent legislatures had no power 20
make grants of the same lands, since
the state had nothing to grant so long
as the act creating the trust stood I'M
repealed. The essential question at
issue in the litigation just commenced
for the possession of the Everglades is
whether or not the legislature had
power to make the grants it did pur-
port to make to the railroads and ca
nails after it had in 1855 granted all of
such lands to the trustees
Secured the Patents.
Early in 1903 Governor Jennings
went TO Washington and secured pat
ents from the United States for ap-
proximately 100000 acres of swamp
lands, lying principally in the Ever
glades region. These patents, under
the law, vested tee-Slmple title in the
trustees of the internal improvement
fund. When these lands were receiv-
ed there were outstanding unsatisfed
claims of the so-caIled land grant COM
panies for more than the quantity OF
lands received. These claims were
presented to the trustees and deeds
demanded out of the newly-acuuired
lands. The trustees declined to is
sue deeds, and this action made the
public land question the paramount
issue before the Democratic primary
of 1904. 1t drew the lines more sharp
ly between the corporation and anti
corporation elements of the party. and
an almost sensational political cam
paign was fought largely on that is.
sue, resulting in the nomination.