The Palatka news. [volume] (Palatka, Fla.) 1905-1908, 1907-10-18
Mr.. HARp'S BRIEF.
Grounds for Objection to The
Bridge.

inst By Hon. J. H. Harp of Crescent
City. The paper treats the subjecl
from legal standpoint. and wa.
not prepared fer publication. though
the News prints IL at the request o.
several opponents Of the bridge
project:
/ The Revised Statutes of 1892. Page
2S4, Section 634, provides that coun-
" commissioners may levy a special
{ two mill tax for maintaining. MAJ
/ ing, working, altering and repairing
{ the public roads and bridges of the
county, and this tax shall be used for
no other purpose. Mark 2 mill tax
only.
Statute Of 1906. Sec. $50. Is SINH
I lar giving power to assess a five mill
tax, but restricts its use solely "for
the purpose OF maintaining, work
lug, repairing, and keeping in good
condition the public roads, bridges
and Tlyer crossings of the county
Provided that board of cOun-
ty commissioners before levying
such tax give 50 days notice in at
least one or two newspapers publish
ed in such county of their intention
1 10 levy such tax" no board of
county commissioners shall levy
such tax if opposed by majority Of
registered voters of county. This
levy must be made at the time of
ieyylng taxes for county purposes
and the 90 days notice must be given,
and when collected must be used
solely for maintaining. working, re-
pairing and keeping in good cOndi-
ton tmarR you not a toll bridge
q IA 10 hwfH
crossings Of the county" No authOri-
~ Is given TO erect toll bridge, nor
TO collect tolls from any bridge or
terry, but you are to regulate the
tolls and ferriage charged By indi-
vIduals or corporation who do erect
such bridge or ferry. No county can
Guild bridge and then collect tolls
from the people from whom the tax
was collected to build or pay for that
bridge. Our school board can Just as
legally collect tuition from the peo-
pile who have been taxed to support
our county or public schools. The
bridges alluded to in these sections
are such as Rice Greek, Etoniah
ETC., constituting part OF our high
ways.
Sec. SO says 1.-The county commits
sioners shall when necessary to
build or repair any bridge or cause
way in their respective counties, let
out the same by contract and shall
pay for the same out of the county
building fund" Now Eotice the
iaEguage-"any bridge or causeway
in their respective county" Doesn't
the Very language bridge and cause
way convey to any reasonable mind
that the bridge contemplated is an
ordinary bridge for the ordinary use
of the ordinary people of your coun-
y? And that 1t shall be paid for
out OF the county building fund"
and that means money already in
your hands: not to be assessed and
collected in the future. Nor does it
mean an extraordinary bridge, that
will cost more money than you have
Of the building fund in the treasury
Of the county, nor does it mean d
toll bridge. You are not given one
single statute to make any such con
tract, and you have as much right [
TO charge you county clerk for office /
rent as you have to build a toll |
bridge and collect tolls or ferriage. /
Why are you given 10 Sec. 769 power /.
to build and keep in repair county
buildings, roads and bridges, and I
then in the 9Th paragraph to grant |
licenses for keeping ferries and toll /
bridges. for term of Tears, not ex- /
ceedlng ten, and to prescribe the |
rate of ferriage or toll? Ehis 9Th /
paragraph clearly prohibits you from .
building ferries and toll bridges. /
You can't be a party TO any inter- /
a ii n in RI
cause as would be the case if you
built ferry or bridge, and attempt
ed to regulate the tolls, etc.
See Sec. $40 which says the coun.
ty commissioners Of the several /!
shall have power to grant /
Leave to applicants upon the condi-
ton hereinafter provided, to estab-
llsh ferries, toll bridges, mills and
dams, and log bitches, upon and
across the rivers and streams of their
respective counties, which license
shall continue in force for a time
TO be specified, therein by said board
not exceeding ten years You can
grant leave, or license to others to
establish ferries aud toll bridges,
aud you can regulate charges for (
tolls, etc. but you can not construct /
or establish such ferry or toll bridge
yourselves.
Sec, 80 is repealed so far as it CON
iicts with Secs. l, ., 8 and I OF Chap
ter 92O. You can only grant license
under certain restrictions:
list. Persons desiring to establish Il
same, must advertise and post in 3 Il
places, his intentions of
applying to your body for such leave
)r license. and the owner of the land :
through which the highway adioin-
ng the ferry or toll bridge shall run.
,hall have preference, and YOU have [
he right to alter rates or charges for
erriage or tolls and to say how many 4:
.ours each day such person shall at {
end his ferry or toll bridge. You {
hall receive $4,000 bond Of the 5
applicant for his faithful perform I
tnce OF duty, and the keeping in /
rood repair of such ferry or toll
bridge, aud you may appoint one a
person aud the grantee may select {
me and these may select third t
DersOn to arbitrate differences be- C
ween your body and grantee. as to T
differences arising between yOur
'ody and grantees, you can't have a
cry or toll bridge, but grant either. P
o other parties. You can't discon- t
inue such ferry or toll bridge. except 5
y order of court, and that order C
must be based upon failure of lesses n
0 comply with term of your contract !
nth them, and then you can bring 5
ctiOn upon that 5000 bond. You 0
ave the legal right to make any s.
MUTUAL arrangement with grantees n
Jr mutual good Of all rODrarn.d &
ut you can't build nor own ferry
toll bridge, except rs Par. 1, See
70 provides, which is as follows: