The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-10-23
An OPEN LETTER
TO JOHN s.
BEARD
Elk Governor Jennings Takes
Exceptions to State
ment in Ocala
Paper.


John S. Beard appeared in Sundays
issue Of the Jacksonville Times-Un-
ion:
Hon. John S. Beard. City-My
Dear Sir: You are quoted in this
mornings paper as having stated last
night in your debate on the drainage
question, that "the federal govern
ment tried to give a patent to the
lands lmeaning the Everglades to
Cows. Perry, Broxham, Mitchell and
Fleming. but these men had refused
the grant because the required survey
had not been made. Then the pre-
Vious administration" said Mr..
Beard, Gov. Jennings went to Wash
ington and took the patent, and there
by transferred the cost of survey
from the United States to the state
OF Florida. And this was done in the
face OF the fact that four previous
governors had refused the patent
l take notice of the statement only
so far as you attempt to make it ap'
plicable to the drainage question,
which l must admit is little remote.
/ do not know upon what informa-
ton you assume to make your state
ment concerning the acts of my pre-
decessors in this regard. I know Of
no such official act or the record
thereof, and l. do not accept 1t for a
fact that either of my predecessors
was rendered patent to these lands
that they could have accepted Or pro-
cured.
Not having any information, howev
er, on this point upon which to base
conclusion. do not assume to
speak for them and l am sure you
will pardon the personal reference
that l feel forced to make in this con-
nection, and in which, matter I claim
no credit other than an effort to faith
fully discharge public duty.
Matter of History.
It is a matter of history that fifty
years ago it was determined that the
Everglades could not be surveyed.
See report of Senator Breeze, with
documents annexed thereto, filed first
session OF congress, dated August y,
184S. u
A bill was then pending in the con-
gress OF the United States to grant
the lands south of Lake Okeechobee
to the state of Florida for the sole
purpose OF retaining that territory
in order that 1t. might be surveyed
and planted and brought into an avail
able state. Later similar bill was
passed covering the swamp and over
flowed lands in the state of Louisiana
and later the act of congress ap-
proved September %, 1850. granting
lands to the state of Arkansas. was
amended to cover eleven other states,
including Florida; hence, the question
OF survey was determined more than
fifty years ago, since which time, 1t
is my information, that the govern.
mept has never considered surveying
the Everglades for the reason stated
in decision relating to Florida
Swamp lands, known, as the Ever
glades, rendered by Secretary Smith
under date of January 80, 1894. re-
ported in volume Is, Of the depart
ment of the interior.
In this decision, on page 20. we find
this language: 1T appears that the
Everglades Is a body of land, the most
of which is swamp land within the
meaning of the act of 1850, and Is in
capable Of being surveyed, and having
been rendered so by the very agencies
that induced the passage of the act
itself. *+* The object of the
statute Of 1850 60 Stat. 519) was to
enable the states to reclaim the
swamp lands within their midst that
were unfit for cultivation" quoting
the act in full.
On page thirty the decision refers
to issuing a patent covering the Ever
glades upon an estimated area desig.
mated by metes and bounds, excepting
therefrom all such islands as were
at the time of the passage of the
act of 1850 not included in the terms
thereof, holding that the ISLANDS"
so excepted should be segregated by
survey
1 will not go into detail and under
take to relate various steps required
to bring about the issuance of the
patent, suffice 1t to say that there
was list No. 81 approved in 1897,
by the commissioner of the general
land Office covering these lands; that
said list embraced the school lands
in the territory 18th sectiens)
Granting Certificates.
Some of my predecessors that you
name, and their associate trustees
during their terms executed certifi-
Gates to several million acres Of lands
to railroad companies, with which
you are doubtless familiar, agreeing,
among other things. to deed these
lands to railroad companies when
patented. Do you mean to say by
your reference 10 my predecessors,
that they would have accepted pat
ent on this list, including the six
teenth sections, which they had