The Pensacola journal., 1906-08-21
bROWARD- BEARD
DEBATE ON
DRAINAGE
Continued from First Page)

stating that he was and had always
been opposed to corporate greed in
any form, but that calm, earnest
consideration of the drainage matter
convinced him that the amendment
to the constitution giving great pow
er to the board should not be ratified
by the voters. There were many rea-
sons for this, the principal one of
which was the fact that the amend
ment conferred too much power upon
the body, in fact, delegated to them
the powers of legislation which was
against the principles of good govern
ment. He also gave 1t as his opinion
that the claim of the railroads was
good and that, after the land was re-
claimed by the state it was possible
that the courts would so decide. thus
making the expenditure of the vast
sum of money necessary to the work
entirely useless, and an absolute loss.
The time was not opportune, he sad,
especially in view of the fact that a
number of suits were pending for pos
session of the land in question. With
reference to the decision of Judge Ma
lone, quoted by Governor Browacd,
Mr.. Beard said that it was his Under
standing that Judge Malone had rem
dered decisions both ways and that.
therefore, the decision quoted had but
little weight in the controversy. He
admitted that the land might be as
valuable as the governor stated it was
and that, If the state secured control
Of it through the courts, the cOnten-
tions of the railroads Notwithstanding,
it might prove of great value. How
ever, before any large sum was spent
in drainage all the legal phases of the
case should be disposed of.
The Bailey Case.
Mr.. Beard referred at considerable
length to the decision in the Bailey
case, to which brief reference had
been made by the governor and stated
that Bailey, as the owner of some
bonds guaranteed by lands along the
Apalachicola river had secured an in
junction to prevent the drainage of
the lands on the ground that such
drainage would injure the security
which had been given for the bonds.
There was no reason, Mr. Beard con
tended. why the bondholders of the
railroads to which land had been grant.
ed could not take similar action, on
the same ground, and thus prevent the
work from being carried out.
Mr.. Beard went into the legal
phases of the matter at length, his
contention, supported by decisions of
various courts including the United
States supreme court in an Iowa case,
being that the land was decided to the
state by the general government and
that if the state saw fit to grant it
TO the railroads, such grant was per
fectly legal.
Mr. Beard closed by again stating
his position with reference to corpora
tions and emphasized his opposition
to all forms of corporate greed. He
said it was unfair to tax the people
of but six counties for something that,
it was claimed, would be great bene-
fit tor the whole state and said that it
was to the best interests of the people
OF the state that the amendment be de-
feated at the polls in November.
Broward's Reply.
In the final argument in favor of
the drainage plan Governor Broward
said:
Future legislatures may differ as
they have in the past, and it is for
this reason that the amendment is
offered. This is the time for You to
act. You have the lands now; don't
wait until the lands are gone. This is
the primary time.
'T'm no more afraid of the railroads
getting the Everglades than I am of
falling off this platform. They may
get the lands, but it will be when the
people have quit electing supreme
court justices. You can write that
down."
Answering Mr.. Boards contention
that the railroads would eject all who
secured a state title to lands claimed
by the roads Governor Broward said
that the purchaser would get his title
from the trustees and that was where
the railroads would have to go for
theirs; if the roads did not have to
go to the trustees for title, why did
they get out writs of mandamus? Then
turning to Mr.. Beard, Governor Bro
ward said:
do you as lawyer say that the
railroads can oust the private own
ers?' to which Mr.. Beard replied: Yes,
/ do say it,"
Nearly all the grants" said the gov
erncr, 'have the reservation provided
the trustees agree If the trustees
don't agree the railroads get no
lands"
All Approved it.
Governor Broward then read mes
sages from Governors Mitchell and
BloXham advising drainage of the
Everglades and stated that every gov
ernor OF Florida since the country was
ceded to the United States who did
not have a war on his hands favored
drainage and trisd to carry the scheme
out
AS to Mr.. Boards contention that
there are no safeguards on the trus-
tees Mr.. Broward said that every
check had to be signed and that it
would be a hard matter to get five
men to steal the same amount at the
same time. He further stated that
s750,000 would be sufficient to COM
plete the work of the trustees and
read from Kramer'S report made in