The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1905-05-12

ernOr BrOward on the drainage Of the
Everglades was transmitted to both
houses Of the Legislature last week,
and appears upon their respective jour
mails. AS was to be expected, the mes
sage chiefly comprises a recapitulation
Of the expressions made use Of in Gov
ernOr Broward's primary campaign last
year, duly emphasized by carefully
chosen language and fortified by cita-
tions from public records.
The several acts of the Congress
granting lands to the State Of Florida
are set forth In extensO, as well as the
florida statutes on the subject, begin
ming with the act of 1855, creating the
Board of Trustees Of the Internal I'm
proVement Fund. Letters and other
public documents are also cited or set
forth, all tending to elucidate the argu-
ment that the title to all of the public
lands granted to the State by Congress,
was vested in the Trustees by the
act Of 1855, and therefore that,no sub
sequent grant of such lands by the Leg
islature could be valid or effective, save
such as might be made in strict accord
ance with that act. Also, that such be-
ing the case, the legislative grants 10
certain railroads Of lands in the Ever
glades (the same not being within the
six-mile limit prescribed in said act),
were of no effect; and that all of the
Everglade lands, granted or otherwise,
are practically susceptible of reclama-
ton by drainage, and when thus re-
claimed will constitute a most valuable
public asset to the people Of the State.
A carefully prepared recital of num-
Der of pending suits involving the va
lidity Of such legislative grants, and the
titles to lands embrac d therein, constr
tutes an interesting feature of the mes
sage.
A fact which many who have learn
eddy land otherwise) discussed the
main features of the Governors mes
sage, both before and since it's trans
mission TO the Legislature, have APP
parently overlooked, is that no convey.
ance Of any of the lands granted by
the United States Congress to the
State Of Florida whether made in pur-
suance Of legislative grant or other
wise, has ever been executed, by any
other than the Board of Trustees of
the Internal Improvement Fund. This
being the case, no such grant, followed
by such conveyance, Is now voidable
for any cause but fraud or mistake.
Whether, or not, these legislative
grants, made subject to all lawful
liens and liabilities of such lands for
the payment Of principal or interest on
State or other bonds, can be regarded
as defective, and that the deeds of the
Trustees thereto do not convey clear
title, are questions yet 20 be decided in
the litigated cases mentioned in the
Governors message.
After presenting a large volume of
exceedingly valuable and interesting
information concerning the physical
characteristics Of the Everglades, and
the feasibility Of draining and reclaim
ing the same (Which no one has ever
denied, provided, only, that the money
could be found with which to accom-
plish it), Governor Broward concludes
his message with the following recon-
mendations:
THAT a constitutional amendment
be proposed, creating a drainage dis
trict, embracing the Everglades and
the adjacent swamp and overlooked
lands, including the Kissimmee valley,
and right to establish other drainage
authorizing a drainage COM
mission to levy as acreage tax for
reasonable amount, to be levied and
collected annually, to be used in the
drainage and reclamation Of said terri
tory, and in the aid Of the great pur-
poses and the trusts accepted by the
State of Florida in It's acceptance of
the magnificent domain, patented to
her by the United States government.
"As a difference of opinion exists as
to the necessity for such a constitu-
tionRl amendment, and Il is the pur-
pose of the trustees to proceed with
the drainage and reclamation Of the
3, 900, 600 acres now under their control
as speedily Rs possible, also recon-
mend in addition thereto, that statute