The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-10-21
Able Discussion of One of
the Principal Phases of
Drainage Question.
OPPONENTS OF DRAINAGE, WHO
RAISED QUESTION OF TOO
MUCH POWER BEING VESTED
IN COMMISSION, ANSWERED IN
CONCISE AND INTELLIGENT
MANNER.

Albert H. Rogers, of st. Petersburg,
writes as follows, in the Tampa TrlD-
une, upon the question of the power
vested in the Board Of Drainage Com
missioners:
Tie statement is frequently made
that the Board of Drainage Commit
Sioners, in addition 10 being granted
extraordinary powers, are not respon-
sible TO the legislature or anybody
else for their actions. This is an
error. arising generally from ignor-
ance doubtless, but an error all the
same. 1t is true that the amendment
does not specify that the commission
ers shall make reports TO the leg
islatuTe, but there are ample proyls-
ions for this in the state constitu-
ticn. which is not set aside by the
amendment; for while the amendment
creates a board and confers upon It
certain 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 inn
peach and remove from Office any
man or the board OF misfeasance Tor
malfeasanoe) in Office, even though
a specifcial who is guilty of a viola
ton of law, to be tried in the courts
as a common felon, in addition TO re-
moval forever from Office in the state,
More than this, the COnSt tuition and
the laws specify duties upon the Off
GERS composing the proposed board
that they could not evade, assuming
that they should desire to do so.
The drainage commission would be
composed of the governor, the comp
troller. the treasurer, the attorney
general, and the commiss oner of ag-
riculture of the state. All except the
governor are bonded officials-the
treaser in the sum of one hundred
thousand dollars-for a faithful per-
fovmance Of their duties. Tie du-
ties CT the encouragement and the
commissioner of ayr culture as speci-
fed by law do not seem TO have any
particular bearing upon them as men,
bers OF the drainage commission, but
drties of the other officers do. The
duties of the admi nistrative officers
are prescribed in Article 4 Of the state
constitution.
Section provides that the govern
Or shall communicate by message
to the legislature at each regular ses-
sion information concerning the con-
dition Of the state Certainly, the
work of the drainage comm ssion, of
which he would be chairman, should
be reported as part of the "conli-
ton of the state" and a self-respec;
ing legislature would lose no time i'm
Deaching a governor who would re-
fuse to inform them upon such an
important matter
Section 90 provides that "the comp
troller shall examine, audit adjust,
and settle the accounts of all officers
of the state" and he is under a
bond for the faithful performance OF
these duties
Section "a provides that "the
treasurer shall receive and keep all
funds, bonds, and other securities, in
such manner as shall be prescribed
by law; and shall disbuHse no funls,
nor issue bonds, or other ecurities,
except on order of the comptroller,
countersigned by the governor, in
such manner as shall be prescribed
by law"
Section 81 provides that the admin
istrative officers shall make full re-
ports of all acts, receipts and expen-
ditureS of their respective Offices to
the governor at the beginning of each
regular session of the legislature. OF
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 information required
by it." 1t is required elsewhere in
the constitution that he accounts Of
the officials shall be inspected by a
joint committee of five from he sen,
ate and the house of representatives.
appointed each session.
I have emphasized several words
and phrases in the above sections of
the constitution for the benefit of the
astute editors and constitutional law.
yers who do not seem to be aware
| that 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 last section of the pro
posed amendment, which reads: "The
legislature may provide for the as
sessment of benefits derived by lands
by reason of such drainage. and the
collections thereof, and thu proceeds
therefrom shall be paid to the board
of drainage commissioners 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 effective
the constitutional checks upon the
executive officers. the liability to i'm
parchment and criminal prosecution,
and Ultimate responsibility TO the
people at the polls does not make the
proposed board of drainage commits.
sioners a responsible body response.
bic to the courts, responsible to the
people, responsible TO the legisla,
ture, then what in the name of com.
mon sense DO we need to make them
a responsible body?p We anxiously
await suggestions.