The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-09-16

Rose Liz
on its banks, because the Internal
Improvement lands had been already
pledged as security for interest on
railroad bonds. 1t was In this connec-
ton that the Supreme Court said that
the trustees should execute the laws
as they found them, or else resign.
In the case of Gleason VS.. Trustees
reported in Is Fla, cited by Governor
Broward, the Supreme Court again
forced the trustees to carry out their
contract. The trustees had contract
ed with Gleason that if he would drain
given quantity of land they, the
trustees, would sell him another CIV
ell quantity Of land at an agreed re-
duced price. Gleason performed his
part of the contract, and the trustees
tried to evade theirs. The Supreme
Court held them to the contract. In
both cases the Supreme Court pre-
vented the impairment Of the obliga'
ton of contracts.
These two cases, as well as the case
| OF Gonzalez VS.. Sullivan, reported in
! Is Fla, contend are against the con-
| tentiOn of the present board of trus-
/ tees. l have not the decisions before
me, and they are not obtainable here
and l write entirely from memory
and ask that my readers verify it by
reference to the decisions.
Amendment Unnecessary.
If the lands to be drained will them.
selves pay the cost of drainage, and
there is an obligation upon the trus-
tees to drain these lands, as Cover
nor Broward contends, why the neces
sity of the constitutional amendment
authorizing the levy of special tax
per acre, for the purpose of drainage,
and vesting the drainage commission
ers with such vast discretionary and
| dangerous powers to accomplish the
drainage? Governor Broward says
that if the railroads ultimately ges
the lands that the State would still
be the gamer, as drainage would put
lands worth many millions of-dollars
upon the tax books, which lands now
pay no taxes. This Is true; but il
the railroads get the lands. and If
their drainage Is as practicable and
as feasible and the lands as valuable
as Governor Broward tells US, the
railroads will drain the lands without
cost to the people, as the railroads
never neglect their own interests, and
| the lands will 20 on the tax books
| just the same.
| Governor Broward says that mo
suit now pending which seeks to com
| pei the trustees to deed these lands
| is being pushed by the railroads; on
! the contrary, they have lodged the
| issue each time it was in danger Of
being joined" Is this a fact? Did
not the Circuit Court of the United
States, nearly if not quite year ago
decide against the trustees in the case
of Kittel VS. The Trustees, and the
trustees give notice Of an appeal? Has
that appeal been perfected and push
ed? The initiative on the appeal was
with the trustees; they are the ones
to do the pushing. If they are so sure
of their position why have they de.
layed pushing the appeal; and secur-
ing reversal of the decree of the
Circuit Court Are they not "obligat-
ed to do so?
Governor Misunderstood Him.
Governor Broward in referring to my
speech in the debate with him in Fen
sacola. says: TN other words, Mr..
Beard said that the contract with the
nation could not be enforced by the
nation, as it had already turned the
lands over to the State. or had grant
ed them, and that it depended upon
the honesty and good faith OF the
State to carry out the contract OF the
State. No one would suggest that his
state act dishonorably." Governor
Broward does not comprehend my
speech any better than he does the
opinions of our Supreme Court and
the clause of the Constitution cited
by him. l said nothing of the kind
What / did say was that the Suprem-
Court Of the United States, In the
| louisiana case, reported In l21 U. >.
and decided in 1887, believe. held
| that the clause in the grant OF 1850
viz: that the land should be used ex
| clusively. as far as necessary, Tor
| drainage and reclamation was mere
4 ly Suggestive; that 1t created no con
tract and imposed no trust; that the
State is the sole judge of the necessity
of drainage and reclamation; that inc
State could appropriate the lands tc
any purpose that the legislature saw
At to appropriate them to. and the
mere fact that the lands were appro
priated to other purposes was in itself
a declaration by the State that there
was no necessity for drainage or rec
lamation.
I submit to an intelligent electorate
that the question Is not answered D!
Governor Broward, and i MAINTAIN
that 1t will be the height OF unwlsdon
to ratify the amendment to the constr
tuition proposed by the last legisiat
ure, vesting as it does such extraor
binary. arbitrary and dangerous power