The St. Lucie County tribune. (Fort Pierce, St. Lucie County, Fla.) 1905-1920, 1906-03-09
bRA|NAGELAW
Knocked OUT
ldoo Iocke's Decision Prevents
Collection Of Special Tax.
|RfAKS CONSTITUTION
l,.,oo Rased on Ground That the Law
Del, gates Legislative Authority to
Roard of Executive Officers.

Roard of Executive Officers.
Judge Locke, by declaring void the
n of the Board Of Drainage Commits
bners in leyying the special tax i'm
spJ TO secure funds for draining the
|erglales, and By continuing the in
hction restraining the collection Of
/ tax. has etfectually checked the
irving out of the scheme Of Governor
award for lowering Lake Okeechobrc
draining the Everglades.
An appeal will probably be taken at
Ce 10 the United States Circuit Court
Appeals, but pending reversal of
|dge Locke by that body, and the de-
lion rendered Thursday is in strictest
lord with previous decisions that
Ne been handed down by the higher
urts, there is now no way open to Sc
De funds for carrying out this pet
heme of Governor Broward. Moth
can be done until some new action
Pll be taken by the legislature.
The decision Of Judge Locke is one
the most important that has been
hded down in the United States Court
some time, rs the results vitally
ect the entire State, and are by no
anS limited solely to that portion of
State that will be most immedi-
Ny affected by the drainage of the
erglades.
me vital question, that of the legal
tus of the special tax levy made by
Board Of Drainage Commissioners
the constitutionality of the act of
Legislature delegating such powers
them, was considered by Judge
exc sufficient to determine what ac-
the court should take in the matter
on 1t alone he sustains the COM
lnants, the Southern States Land &
der Company, in their plea to have
collection of this special tax re-
bned
70 written opinion was handed down
the court, but in announcing his de-
on Judge Locke summed up the
question involved, as follows:
lheact which is now under consider.
pa leaves to ii delegated agent, a
~ ol executive administrative Off
inns most important question. |
s'uer the legislature has 80 far de-
'ea from the requirements of the
So'u''oh OF the State us to render
action by such Board in determin-
"ha' lands We're subject to assess
pts, void"
briefly reviewing the case, Judge
Ae stated Thursday that not only
anesaoohs OF the bill Of complaint,
also the preliminary answer of the
noants and the mass of literature.
S'mg Of atiidavita, messages, re-
and historical matters of different
u.s. but all introduced on the same
Pe,'' and by both parties, showed
.'e case pending was not one of
mary and usual drainage.
(e,,ything pointed directly to a
(rglades. WV
pc court called attention to the fact
''e" a scheme had been contem-
! Fa by public men of the State for
( than fifty years, and had been re-.
Fealy considered and discussed.
|'e,y large portion of the 20, 600, 900
7 =, swamp and overhowed land.
r (ss TO the State by the United
W the act Of 1850 had, Judge
XII pointed out, been used and ap-
ba,, 'eu Tor the drainage and re-
|'' ~ OF the swamp and overlooked
pma; .; we State, yet there appeared
' the vast extent of so.called
|rglades. VI S'''"''e'
~ vs. oelendants, in their preliminary
';v a' state that they have had ex-
'h; bis surveys and examinations made
hs =, 'nepractibility of the drainage
.s everglades, and that a plan has
r. 'uopted and would be nut into
NM, 'p - a receipt of a sufficient
,s;r o from the drainage acreage tax,
4 n, s,'orts were not interfered with.
n" a'"'y showed, the court held,
- scheme and plan upon which