The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1906-03-16

ton of the district Is included in the
Okeechobee watershed, the greater por-
ton of the private lands lying in the st.
Johns, the Atlantic and OkalaOconchee
watersheds, and therefore could not be
affected by the lowering Of Lake Okee-
chobee; that the drainage of cypress
timber is an injury to the timber; that
portions Of the district are high and do
not need drainage, notably the Avon
Park district, in De Soto county, which
has an average elevation Of considerably
over 100 feet above Lake Okeechobee.
In fact, they deny that the greater pOr-
ton of the private lands will derive any
benefit from the drainage Of the Ever
glades, and insist that the bulk Of the
expense should fall on the State, whose
property will be most benefited, and
that the entire project should be made
State scheme, instead of a local one.
THE STATES SIDE
The drainage commissioners, on the
other hand, contend that the Legisla-
ture had the power 20 create the com
mission, and invest them with the pow
err to assess the special levy; they deny
that the tax is tax ut all, but is an as
sessment for benefits; they hold that
the private owners cannot deny that
that their title is derived from patents
issued under the swamp and overlooked
land act of 1855, which act was referred
to by the Legislature; they deny that
they have made no plans or estimates of
the work completed; they deny that the
drainage of the Everglades as a whole
is impracticable- Ia support of their
denials, they produce the report of the
State engineers made in 1886 upon the
old Disston Company, also the message
of the Governor TO the last Legislature,
also the minutes of the Trustees of the
Internal Improvement Fund for the
past few years, but neglect to divulge
any of the plans or estimates.
THE MONEY QUESTION.
While it is true that the Trustees of
the Internal Improvement Fund are
now voluntarily assisting the Board of
Drainage Commissioners, by advancing
the money from the funds held by them
to construct the dredges, this drainage
act does not provide for or compel the
Trustees of the Internal Improvement
Fund to advance these funds, and they
may do so this year and may not next
year. AS matter of fact, the funds
in the possession of the Trustees of the
Internal Improvement Fund are Limit
ed, and the money under their control
at the time this scheme was Inaugural
ted did not exceed $500, 0O0, and after
this year that board will not be in po-
sitiOn to assist in paying these expen-
SEES, then the work must stop or the
State must provide funds for it by tax
alton, and that the people of this State
will never do. The results are entirely
too uncertain, and the project too ex
pensive.
Judge Locke sustained practically ev-
cry contention of the compliments, and
continued the injunction. Ex-Governor
Jennings and Attorney General Ellis,
attorneys for the commissioners have
filed a demurrer, which will come up
for argument soon. Attorneys for the
Southern States Land and Timber Com
pany say nothing new of Importance
has been introduced, and it is not prob
able there will be any change in the
present status of the case.
The State can now take the case to
the United States Court of Appeals, or
direct to Supreme Of the United States. !
The Governor can call special session
Of the Legislature to correct the weak |
points in the law that have been brought |
out by this suit. The unconstitutional |
Ivy VI Tie law appears 10 nave Deen |
anticipated, judging by the fact that a
duplicate Of the drainage act in the |
form of a constitutional amendment is |
to be voted upon at the next election.
Perhaps the Governor may prefer to |
take the stump in support Of this a.
mendment rather than again submit his
pet measure for reconsideration before
the same body that passed it unchal-
lenged at the last session. Nobody
cares to venture guess as to what he
will do.
COMPLICATIONS CONTINUE.
In the meantime, the expense goes on
and this same champion Of the right Of
the masses sat down on a measure re-
curing the trustees to turn the money
in the Internal Improvement Fund into
the hands Of the State Treasurer, to be
by him accounted for the same as other
State funds are accounted for. And all
this while small taxpayers who can pay
the special 5 cents an acre tax cheaper
than they can fight. are required by
this same Governor and his Cabinet Of
icers TO submit to what the court has
decided unlawful How are those who
have paid this tax to get their money
back The Comptroller has instructed
the tax collectors to refuse the State
and county and school taxes unless the
drainage tax is paid also. How are To-
cal expenses to be kept up? II Is easy
to see that the recklessness on the part