The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-02-24
New Supervisor State Con-
victs Worthy Successor
to Bitch.
GENERAL INTEREST
IN COAST LINE CASE
Remedy for Existing Con-
ditions Shown to Be
Within Reach.
STATE CAN FORCE RAILROADS
TO PUT TRACKS AND RoAD6ED
IN GOOD coNDITIoN-REPo
OF THE VARIOUS STATE DE.
PARTMENTS - LEON COUNTY
WILL REMAIN DRY.
BY JEFFERSON BELL

Tallahassee, Feb. 23.-Marion coun-
ty came in for material recognition
this week when Governor Broward
made the appointment of a supervisor
of state convicts. Hon. John T. Lewis,
the new supervisor, possesses the
rugged honesty of character and pur-
pose that marked Senator Bitch,
whom he succeeds, and is an excel
lent man for the position.
Another appointment OF some In
terest on account of the prominence
of the man receiving it was that OF
Frank Walpole, better known as the
"Redheaded Editor of Manatee' to be
county treasurer of Manatee county.
The supreme court has handed down
q decision In the mandamus proceed
ings against the Atlantic Coast Line
Railway, and when the governor ap-
points a private secretary there Will
be nothing left for discussion until
the legislature descends upon ITALIA
hassee-unless, of course. something
new develops. somebody dies or some
body resigns.
The Coast Line Case. -
or very general interest is the opin-
ion OF the supreme court in the man
damus proceedings against the Attain
tic Coast Line Railway, filed Wednes'
day afternoon The court, through
Judge Whitfield. declares that the rail-
road commission law affords a remedy
(which appears to be adequate 10 en-
force the duty Of the respondent as
TO furnishing sufficient motive power
and cars as to transporting freight;
this court will not. in this proceeding
undertake. at this time, TO enforce the
mandate of the alternative writ as TO
furnishing cars and engines, and as 70
transporting and delivering freights
IF made sufficiently definite the man
date as to repairing the roadbed and
track may be enforced in this proceed
ing. as there does not appear TO DC
another adequate remedy provided oN
law for failure to perform such duty
1.-The proceeding by mandamus car
only be restored 10 where there is nc
other adequate legal remedy to &C
complish the purpose sought thereby
Where the court will not enforce the
mandate of the alternative writ as i
IS framed. peremptory writ VIII no
issue thereon. since the writ must b'
enforced as a whole, if at all Al
order will be entered that unless thu
attorney general shall within ten day
amend the alternative writ so as u
conform to the principles announces
in this opinion the motion TO quasl
the alternative writ will be entered.
The court having settled the ques
lion of the power of the railroad con
mission to regulate car shortage an
failure of the railroads to transpor
freight with reasonable dispatch Their
is no reason why it should remain tn
Intellectual branch of the states gov
eminent that il has lately come to b
considered for lack of authority.
Mr.. Ellis and Governor BrowarC
discussing the opinion of the cour
arrived at the very satisfactory col
clusion that remedy is within reac
for the conditions that have cause
so much complaint against the raj
roads of this state. Mr.. Ellis said
"We will make them put their track
and roadbed in good conditio
through this mandamus. and regulat
the other troubles through the raj
road commission. 1t makes no di
ference through which means so Ion
as we remedy the evil"
Department Reports
OF more than usual interest ar
value are the reports of the warrior
departments now in the hands of Il
state printer. These reports Will
transmitted by the governor to u
legislature and their recommendation
are a basis of parts of his message
the legislature, which is now occup
Ing the time and thought of the chi
executive. Last week summary
the comptroller's report was giy'
70 the public. 1t is a volume IN
should be carefully read by eve
taxpayer in the state as 1t contain
lnto1. GA :.ro~D,otiOO Wpil W0r