The Ocala banner., 1906-10-26
THE LAW OF THE CASE.
Ample Power to Restrain the Drain
age Commissioners.

sionerS, in addition to being granted
extraordinary powers, are not respon-
s'ble to the legislature or anybody
else for their actions.
This is an error, arising generally
from ignorance doubtless. but an er-
ror all the same. 1t is true tlat the
amenoment does not specify that the
commissioners shall make reports TO
the Legislature, but there are ample
Ittion, which is not set aside by the
amendment; for while the amendment
creates a board and confers upon it
ce rtain powers, it does not relieve
the individuals composing it of their
duties under the constitution and laws
of the state. Back of all stands the
power of the legislature to impeach
and remove from Office any man on
that board for misfeasance Cor mall
feasance) in office, even though a
specific crime should not be commit
ted, and, again, the liability of any Of
ficiaN who is guilty of a violation of
law, to be tried in the courts as a
common felon. in addition TO removal
forever from Office in the state.
More than this the constitution and
the laws specify duties upon the Of
fcers composing the proposed board
that they should not evade, assuming
they should desire to do so.
The drainage commission would
be composed of the governor, the
comptroller, the treasurer, the attor-
ney general and the commissioner of
agriculture of the state.
All except the governor are bonded
officials-the treasurer in the sum of
one hundred thousand dollars, for a
faithful performance of their duties.
The duties of the attorney general and
the commissioner of agriculture, as
specified by law, do not seem to have
any particular bearing upon them as
members of the drainage commission,
but duties of other officers do. The
duties of the administrative officers
are prescribed in article 4, of the
state constitution.
Section 8, provides that the gov
ernor shall communicate by message
to the legislature at each regular
session information concerning the
condition of the state Certainly, the
work of the drainage commission, of
which he would be chairman, should
be reported as a part of the "condi-
tion OF the state" and self-respect-
iag legislature would lose no time i'm
peaching a governor who would re-
fuse to inform them upon such an i'm
Lortant matter.
Section %, provides that the comp
troller shall examine, audit, adjust
and settle the accounts of all officers
BOND for the faithful performance of
these duties.
Section "a, provides that ''the treas
urer shall receive and keep all funds,
bonds, and other securities, in such
manner. as shall be prescribed by
law; and shall disburse no funds ncr
issue bonds, or other securities, ex-
cept on order of comptroller, counter
signed by the governor, in such man
ner as shall be prescribed by Jaw.
Section 81, provides that the ad-
r istrative officers shall make full
reports ct all acts, receipts and ex-
lpenditures Of their respective Of
fees to the governor at the begin
ming Of each regualr session of the
Legislature, or whenever the governor
shall require it, and further says,
Either house of the legislature may
at any time call upon any officer of
this (executive) department for in
formation required by it, 1t is pro
vided elsewhere in the constitution
that the accounts Of the ocers shall
be inspected by joint committee of
five from the senate and house Of
representatives appointed each ses-
sion.
l have emphasized several words
and phrases in the above sections OF
tne constitution for the benefit of the
astute editors and constitutional law
yers who do not seem to be aware
tlat they are there.
The opponents of the amendment
would have us believe that if it is
adopted the legislature will be legis-
lated out of the question entirely, in
spite of the proposed amendment
which reads "The legislature may
provide for the assessment of bene-
fits derived from lands by reason Of
such drainage, and the collection
and the proceeds. therefrom shall be
paid to the board of drainage COM
missioners to be used by them for
such drainage purposes"
If the language of the amendment
itself, the plain provisions of the
state constitution, the numerous acts
of the legislature passed to make ef-
fective the constitutional checks up
on the executive officers, the liability
to Impeachment and criminal prose
cution, and ultimate responsibility to
the people at the polls does not make
| the proposed board of drainage CONS
missioners a responsible body. re
sponsfble to the courts, responsible
| to the legislature, responsible to the