Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1906-11-05
HAT lee COUNTY APPEAL.

sent an appeal to the business men OF
Florida to support she drainage
amendment. and in that appeal say /:
"The people of Lee county are unani-
nous for IL; we are the ones who pay
this special tax, and we only ask that
you permit us TO tax ourselves to pro-
tect our interests. Bear in mind that
this does not cost you one cent; it falls
solely upon US"
II this is true land it is noO Why
don't they proceed to drain the sub
merged lands of Lee county, ample
provision for which "a made by exist
ing laws-Chapter 4l78, Laws of Flor.
ida, Acts Of 1893, Page loe, the first
section OF which is as follows:
Section THAT the board of coun-
ty commissioners of any county in this
State shall have the power when con-
ducive TO the public health, convent
ence or welfare, or where the same
shall be Of public benefit or utility, to
cause to be constructed, as hereafter
provided, any drain, ditch or water
course within said county"
The second section provides for the
county commissioners to act upon pc
tition from two or more land owners
whose lands Are TO be effected. The
third section provides for the appoint
ment OF viewers and prescribes certain
OF their duties. The fourth section
provides for the assessment of lands
benefited, etc. The subsequent Sec
tions provide for the procedure, etc.
1t will be observed in these subse-
quent sections that, il the viewers, in
the opinion Of the land owners, have
assessed out OF proportion 10 the bene-
fits to be derived from proposed canals
or drains. such land owner is given the
right to file petition OF remonstrance.
1t then becomes the duty Of the coun.
~ commissioners to appoint three dis
interested freeholders to review the
acts of the viewers, who are authorized
to make changes in such assessments
objected to. And again, II the action
of the viewers is approved by the coun-
ty commissioners and they make a
final order therein, any land owner
feeling agrieved by such final order or
judgment can appeal to the courts
upon any one Or all OF the following
grounds:
First; Whether said ditch will be
cond ucve TO the public health, con-
venience or welfare. Second Wheth.
or the route IN practicable. Third
Whether the assessment made for the
construction of the ditch is in proper
tion to the benefits to be derived
thereirom.
II might be conteuded that the law
would only help the people OF Lee
county to drain, bat this IL not co..
Section 81 provides when the proposed
canal or drain extends into another
county, the county commissioners Of
said other county can proceed similar
IL az the county frat petitioned.
IL will be- observed from reading
this act that the viewers, reviewers
aud board OF county commissioners
are not given arbitrary powers TO as
sees benefits 10 the lands drained, for
a land owner who thinks that he hss
been uniustly assessed has the right to
appeal Bot this so-called drainage
amendment affords him no redress nor
protection from an unjust assessment,
which is un.American and contrary "a
the principles underlying govern
ment OF free people.
A few OF the land owners OF Lee
county Who do not live In TIE drainage
district have made this appeal Bot
from Desoto county an appeal comes
from practically every land owner 10
the drainage district, asking the peo-
ole Of Florida not 20 burden them
with this unjnst tax. Their reasons
have beep given, and they are regard
ed 90 rod and sufi,isnt bI those Tho
have no interest 10 the matter II the
people living IN Lee county desire 10
have their lands drained they haze sn
opportunity Tor securing thls from The
law already IN force, which Will not
,eyr,i, them Co tar the people % other