The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1906-06-22
EVERGLADES
PROPOSITION.
MAJOR AbrAhamS' Letter No. 8, Show
inS the Drainage scheme Up
for What u Is Worth.
Jacksonville, Fla, April %, 1906
v. A. Mia, - A., MaNr,vDls.

JackSOnVllle, r Ia, April 20, lSVo'
To the Editor of the Metropolis:
1t would be interesting to astertain
who was the real author of the act of
1906 authorizing a cents per acre tax
to drain the lands in this State. The
fact that Representative or Senator in
the Legislature introduces a bill in
either house is not necessarily evidence
that he evolved it from his own con-
sciousness. Perhaps a majority of bills
introduced in the Legislature are pre-
pared by others than those introducing
them. If the real author Of this bill
can be ascertained am inclined to think
that he will be found pretty close to the
men engineering the scheme.
HAD NO FAITH IN 1T.
But whoever it was that prepared the
bill palpably had not faith in it's legality
or constitutionality II Is clear that If
he or they believed that the Legislature
had the power to delegate its taxing
authority to q Board Of Drainage Com
missioners or to impose the tax, there
would not have been any necessity for
the constitutional amendment OF the
kind simultaneously adopted. II the
power existed in the Legislature, and
the law was and is legal and constitu:
tional, why cucumber the fundamental
law Of the State with an amendment
which conferred no greater power than
already existed?
REMARKABLE AMENDMENT.
/ Evidently those in the scheme realized
| that the law could not stand the test OF
/ judicial scrutiny, for they not only Sc
cured the adoption of an amendment
providing for this drainage taxation,
/ but practically copied it from the law
itself. thus ENGRAVING into the constitu-
/ ton special legislation and rendering 1t
/ self-operative. Except in its last Sec
ton, II is practically copied word for
word from chapter 1917 Of the laws OF
! 1905 Except in the last section It
leaves absolutely nothing for the Legis-
Ilature TO DO. II the contention Of the
Board of Drainage Commissioners DO
correct, this amendment renders It OBJ
ligatory on their part TO tax for drain
age and to drain all the alluvia, swamp
and overf1owed taxable lands within the
State. 1t will make no difference what
the situation is; whether the lands
drained are benefited or not; whether
or not there is any demand for the lands
after they are drained; whether or not
the effect Of such drainage will be 10
confscate these lands. Nothing short
of another amendment to the constitu-
ton could put an end 70 the work OF
spolation or relieve the people from the
onerous burdens Of taxation that would
be imposed upon them. IL must be
borne in mind that am not taking this
position myself, but because Of the
claim that the present law, which Is a
fac-simile Of the constitutional amend
ment, il held by the board TO be manda-
tory and not discretionary.
THE TAX LEVIED.
Under the constitutional amendment,
as under the present law, there must
be an acreage tax and il can be imposed
as high as 10 cents per acre. This tax
is provided for 10 pay the expenses OF
draining lands, constructing canals, le-
wees. bikes and reservoirs and incident
ally irrigation plants. The owners OF
these lands are required 20 pay for this
work. whether their lands are to be
benefited or injured by it, Engrafted
in the constitution Of the State il be-
comes fixed and unavoidable. There is
no escape from il. The Legislature
will be powerless 20 suspend IL; the
, Board of Drainage Commissioners vii
be powerless TO avoid II. No matter
what the cost may be, no matter,
,c,pt;rrod IN puUa SA