The Ocala banner., 1906-11-02

reyOcably vested in five trustees mann,
ing them) and their successors in Of
fee, to hold the same in trust for
| the uses and purposes hereinafter
provided with power to sell and
transfer said lands to the purchasers
and receive payment from the same,
to fix the price, and make arrange
ment for the drainage of the lands of
the swamp and overfowed lands as
in their judgment may be most ad-
vantageous to the Internal Improve
ment Fund and the settlement and
cultivation of the lands"
In compliance with this law and
in obedience to the trusts thereby
created it is a matter of history that
every act of the Legislature purporting
to grant the lands of said funds or
in any wise conflict with the duties,
powers or trusts were vetoed by the
legislatures for twenty-five years
and until during the session of 1879,
at which time bill passed attempt
ing to grant certain of these lands,
which Governor Drew vetoed, setting
forth his reason at length under date
of February 25, 1879.
Following this veto a bill was re-
ported by the railroad committee of
the house attempting to grant certain
of these lands to a company named in
the bill vetoed, being chapter 3167,
which act was made to conform to
Governor Drew's objection and was
made subject and subordinate to
chapter 610 creating the trustees,
as to the manner of constructing the
road and drainage, made subject to
the rights of all creditors of the
fund and to the trusts to which said
fund is applicable, and made subject
to control, management, sale and ap-
preparation of said fund and the
lands constituting the same for the
purposes of said trust under said act
That the title to the lands is not to
vest until they shall be released
from the Indebtedness existing
against said trust fund, expressly
stating that it is the purpose to grant
the residuary interest of the state in
the lands granted by an act of con-
gress of 1850. See section of the
act.
AS to my information that all leg
islative acts attempting to grant lands
to railroad companies in Florida from
that day to this, without single ex-
ception, are made subject to the
q mo ,ayoxicionc a;+bar ~, th1 80
itself or the general law contained in
the revised statutes.
The only other question that would
arise is matter of opinion, as view
it, relating to these grants is what is
called certificates issued by former
trustees, some of them having been
issued during the year 1889, upon
what law or authority / have been
unable to ascertain, and would be
glad for anyone who shared in their
assurance to give the public the au-
thority and reason for granting cer-
tificates TO railroad Companies to un-
patented lands.
Therefore, it is my opinion, which
was arrived at more than four years
ago, and has been confirmed by the
decision of two circuit judges. that
all legislative land grants are in
operative.
| do not find in the constitutional
amendment the legislative power of
levying taxes vested in the commits
sioners. There are no legislative
powers vested in them-they are
merely duties. The amount and the
lands upon which it is to be levied
are both fixed in the constitutional
amendment. The constitutional
amendment determines the class of
lands, and designates them as swamp
and, overflowed lands, which designa-
tion is understood to mean the lands
patented to this state under the act
of 1850. and expressly deprives them
OF the very power complained of.
Referring to the statement that
the uncontrolled handling of vast
sums of money which would go into
their hands might develop a political
machine of proportions greatly to the
injury of our people" this does not
appeal to me as being worthy of SER
ious notice. This is a peoples prop
osition submitted to them for their
own consideration and untrammeled
vote. II there is being developed a
political machine won't it be because
the peoples interests demand a poIit-
ical machine to cope with the politr
ical machine of those opposing the in
trests OF the people?
He says ''the taxation feature will
abrogate TO that extent that clause of
the constitution, as it now exists. re-
Quiring a uniform equal rate of tax
ationi' The courts do not
agree with my learned friend on
this point. The constitutional provis.
ion providing an equal and uniform
rate of taxation applies only to gen
eral taxation. and not local assess
ments.
81 Cal. $40; 4S Md. 26s: 5 Ohio 243
20 La. 4s9: 20 Ga. SIT, and other
cases cited.
An assessment is not a tax. Those