The sun. (Jacksonville, Fla.) 1905-1908, 1906-03-31

after deraying the expense of draining to purposes
of education.
"Passed by the Senate December 80, ls47. Passed
by House of Representatives January o. lS4S. APP
proved by the Governor January o, lS4o)
pages 80 and 81 of the Laws of lS47
"By an act of Congress approved September ~,
1850, it is provided, That to enable the State
to construct the necessary levees and drains 10 re-
claim the swamp and overaowed lands therein, the
whole of those swamp and overfowed lands, made
unfit thereby for cultivation which shall remain un'
sold at the passage OF this Act shall BE- ana the
same are hereby granted to said State
"The Act further provides, That the proceeds OF
said lands whether from sale by direct appropra-
ton in kind, shall be applied exclusively, far as
necessary to the purpose of retaining said lands by
means of the levees and drains aforesaid"
The State of Florida accepted the grant and en-
acted Chapter 6l0, Laws of Florida in 1855, creating
the Trustees of the Internal Improvement Fund OF
the State of Florida, and provided for liberal sys-
tenn of internal improvement, which law the Supreme
Court of the State in the of Bailey Trustees
upheld and construed that section of our laws to
impose a duty upon the Trustees to carry out the
work of draining and retaining the swamp and over
flowed lands. The Supreme Court also, in the case
of Gleason vs.. Trustees, which reads as follows:
HEADNOTE OF DECISION BY SUPREME
COURT OF FLORIDA.
"The Trustees of the Internal Improvement Fund,
appellants, vs.. William H. Gleason, respondent.
"Under the provisions of the internal improve
ment law of this State it is the duty of the Trustees
OF the fund to make such arrangements for the drain
age of the swamp and overfowed lands as is most
advantageous to the fund.- Page 1884, Vol. XIV
Florida Reports"
The Supreme Court of the United States has
decided that the above enactments by Congress and
the State constitute contract and that the Legis-
lature has no power to violate that contract. I
here quote the decision follows:
I'm the Supreme Court of the United States-Mc-
Gee Mathis.
"The Chief Justice delivered the opinion of the
court, and after stating the case, proceeded:
The first question which requires consideration
in the case before us Isl Was the evee tax imposed
in violation OF any contract between the State and
the United StatesH
ut is not doubted that the grant bv the United
States to the State upon conditions and the accept
ance OF the grant by the State constituted contract
All the elements of contract met in the trans
action, competent parties, proper subject-matter,
sulhcent consideration and consent of minds. This
contract was binding upon the State and could not
be violated by its legislation without infringement
OF its Constitution. See l6 Fla 54l542"
LAW CREATING TRUSTEES AND DEFINING
THEIR DUTIES.
The following sections of the Revised Statutes Of
Florida, originally enacted in Chapter 6lO Laws of
Florida, Acts of lS55-the act which created the
trustees OF the Internal Improvement Fund-cleary
define the duties of the Trustees relative to the drain
age and reclamation of the swamp and oyerAowed
lands: O'0'"'"'o
Section 42O. Trustees Their Powers and Duties.
-for the purpose OF assuring proper application
of said fund for the purposes herein declared said
lands and all the funds arising from the sale thereof
after paying the necessary expenses of selection.
management and sale, are irrevocably vested in FIVE
trustees to'wit: In the Governor of the State, the
Comptroller, the State Treasurer, the AttorneyGen.
eral and the Commissioner of Agriculture, and their
successors in Office, to hold the same in trust for
the uses and purposes hereinafter provided with the
power to sell and transfer said lands to the pur.
ana receive payment for the same and invest
the surplus moneys arising therefrom, from time 70
time, in stocks of the United States stocks of the
several States, or the Internal Improvement bonds
issued under the provisions of law and drawing NOT
CONTINUED on Twelfth Page)