The sun. (Jacksonville, Fla.) 1905-1908, 1906-08-25

gram to the grantees asking them to come 10
Tallahassee and get deeds to the land, IN winch
event he would be heralded by their newspapers
as ..le greatest Governor Florida ever had, but
that he would not gain popularity at the peoples
expense.
Mr.. Boards speech, like that OF the Governors,
was divided into two parts:
rirst-That the railroads would get the lands
after the Trustees had drained them.
Sec0nd--That the proposed Constitutional
Amendment put too much power in the hands OF
the Trustees
In his opening remarks he announced that he
wou.- not differ with Governor BrOward as to
the feasibility and practicability OF draining the
Everglades and as to the value OF the lands when
drained, but that 1t was his sincere conviction
that the railroads would get the lands after they
were drained and that he was opposed to giving
them the lands and draining them too He said
that during his whole life, since he reached his
majority, he had been consistent insistent and
persistent opponent to corporate greed, and that
he would continue to oppose It; but that he believ
ed he was fighting the battle Of the people when
he asked the people to vote down the proposed
Constitutional Amendment; that he was opposed
to giving the railroads any more of the peoples
property and, that II this amendment were adopt
ed the people OF the State would be taxed for the
purpose Of draining lands of which the railroads
would be the sole benefciaries. In support of his
contention that the railroads would get the lands
he quoted three decisions OF the United States
supreme COuTC 10 the eHeCC Cnat the acceptance
by the State OF the grant by Congress of the
swamp and Overlooked lands was not contract,
but a direct gift OF the Federal Government and
that the Legislature was supreme and it's grants
We're valid He referred to Governor Broward's
citation of the decision of the United States Su-
preme Court in 1862 known as the Mathis v. Nc.
Gee case In which the Court held that the accept
ance by the State Of the grants of land by the
United States with conditions attached constitu.
ted contract, and designated this decision as
vuhN hAlu
meant that the Judge was Cabling because there
was no Issue involved, no case to be decided
But, he said the decisions on which base
my contention that the railroads will get the
lands are later decisions and are decisions on
cases actually at ISSUE. They were handed down
by Justice Bradley and Justice Blatchford who
wrote the unanimous opinion of the court"
The language of these decisions, Mr.. Beard
said, was so plain that there could be no mistake
about It, Justice Bradley said that he once was
Of the opinion that the transaction between the
United States and the States in the matter of the
swamp and Overlooked Land Act did constitute a
contract but upon more mature reflection he was
OF the opinion that 1t was direct gift and no
power could review the disposition of the State
by these lands except Congress. and Congress-
could review 1t only by revoking the grant. JUS.
uce Blatchford, he said held that the grant NV
the National Government was direct gift and
tnat the conditions attaching to drain and re-
claim could be interpreted by the States them
selves and that the disposition of the lands nv
the states Tor other purposes could be construed
as the declaration by the States that the lands
were not needed for drainage and reclamation.
In which event the act of the State in Carrying
out Its declaration could not be reviewed. There.
Iore as IL was his opinion, based upon these Su.
preme Court decisions that the railroads would
get the lands, he was opposed to carrying on the
work OF drainage until the title to the lands was
fuIly decided. He said that there was no imme.
date or pressing need of drainage; that the pros
ecutlon OF the plan at this time while there was
serious DOUBT an to the final ownership of them.
was unwise and inexpedient and not TO the hest
interest OF the people, who would be taxed to nav
tne cost OF the work :" P"'
much power to the Trustees Mr.. Beard said that
tne constitutional Amendment, II adopted would
piace INTO the hands OF hve men more power than
Il was wise to entrust to them; that It was nm
democratic to grant power to men without proper
S Tn T Inc tax would be collected by the
la oonectors In the drainage districts; that
tnese omcers were under bond but that Il would
oe turned over to five men who were not bonded
ana VINO were not accountable to any one: that
nod mia