The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1907-09-13
JENNINGS
VS.. JENNINGS
How the Late Lawyers Governor Got
"FIixed" on the Law.


of considerable length the DeLand Rec
ord of recent date gives stringent
criticism of the executive and legal
ability Tor lack of it) possessed and ex-
plotted on every possible occasion BY
Florids's late Governor, W. S. Jen-
nings
Referring to the now weIl-known
legal CD opinion of which Jennings was
the sole inventor, that the Trustees of
the Internal Improvement Fund possess
arbitrary and exclusive powers and
rights concerning the property belong
ing to the Fund. and that the people Of
Florida, nor their legislative represent
atives have any rights relating thereto
which the Trustees are bound TO re-
spect, the Record aptly quotes from
the decision of the Supreme Court in
the case of Hawkins vs.. The Trustees,
81 Fla, Rep. 405, as follows
The Trustees Of the Internal In-
provement Fund Of the State of Flor
ida, created by the Act of January 9th.
1855, Chapter 6l0), known as the In
tarndl Improvement Act, were the
agents Of the State with respect TO said
Fund dealing with property of the
State,
By this language" says the Rec
orl. 1--WE must understand that the
Trustees are dealing with the property
OF the State, and that they are the mere
agents created by the Legislature for
the conveniently handling of the trust
fund for It's benefit, with power TO add
TO or take from them by acts of legisla-
ton They are the creatures and the
servants OF the State, and subject TO
the will OF the Legislature. roassunie
that they have the authority to do as
they may zee fit and disregard the laws
OF the State on that subject is far be-
You'd the comprehension of men Of COM
mon, ordinary intelligence.
And the Record also cites the Act OF
1862 (Gan. Stat, Sec 629), as follows
"rhe Board OF Trustees OF the Inter
nal Improvement Fund are required %
report To- the Legislature OF the State
Of Flori3a upon the several matters
committed TO their charge, and such
other matters as may Ice deemed proper
in coni .tlon herewith.
Many additional authorities might be
cited 10 demonstrate the talllcy Of the
Jennings ledal 81 opinion, whieh naQsts
however pe gaips ailp4iNnL n tig tilIi,
plest mnd.
Comparing the legal (2J attitude Of
Jennings with his official career AS
Governor the Record proceeds 20 con-
slider his approval Of the Act Of 1903,
(Chap 5235 Ge1. Sat $50, $40, SID,
and pays it's respects 20 the lawye'
governor in the following unique aud
forcible language:
This law provides that all lands
gwen to tine State Of Florida under the
Act Of Congress Of 1850, known as the
Swamp and Overlooked Act for Inter-
nal improvements, be sold by the Trus-
tees Of the Internal Improvement Fund,
at such time and under such conditions
as said Trustees may determine. All
proceeds shall he by them deposited
with the State Treasurer and by him
placed TO the credit Of the county road
fund for the purpose Of constructing
hard surface roads, 10 be divided accord
ing TO the assessed valuation of the
property in the different counties.
This became a law by the signature of
Governor w. s. Jennings IL it was
)t law at that time, it then reflects
upon the official act Of Governor Jen-
nings. II II is the law now. then the
Trustees Of the Internal Improvement
Fund in spending the money arising
from the sale Of these lands, II spent in
INC uitilLtIlk VI the ENflt ldutNt are Nlo-
lating the letter and the spirit of this
law. We believe this to be law and
good law We believe that the public
lands should be used and the Internal
] Improvement Fund should be used, in
the building OF good, hard surface
20 ds The Trustees are the creatures
pf the STATE. and should be like unto
the trustees OF any ether trust, who are
always required {, account and settle.
AMI should discharge thor trust accord
M "a the wall Of their creator.
Mr. Jennings should certainly have
axpllned in his testimony in throwing
All the 'iZht uuo1 thn Iqternll In roye-
nent Fund why he signed aitact Of the
legislature turning every dollar Of IN"
Internal Improvement Fund into the
lard surface road fund, and how by adj
'ice 10 the Internal Improvement Fund
he turns it all back 10 the dredging al
he Everglades. These are all peril
lent and important Gu"s'ions.
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