The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1907-07-05
ACTS or THE
III. TRUSTEES.
General GrIeArlst on SA~s In Punts
GorAa msrald.

Editor Herald Resolutions offered
by Gov. Jennings Oct, 2sth, 1904, and
unanimously adopted by the Trustees
of the Internal Improvement Fund.
Sec. 1. That the Trustees adhere
strictly to the provisions OF the Act OF
Jan. &. 1855, chapter 610, laws of Flo
rida, az TO the powers and duties and
the purposes for which said trust was
created and they will assert their rights
and defend the title to the lands grant
ed and iErevocably vested in them for
the purposes therein set forth, OF re-
claiming said lands by means OF levees
Sec. q Denied the righs Of Trus-
tees to bind their successors by means
Of certificates etc., declaring them OF
no binding effect and to be revoked ana
Sec. g. That there remained in the
State of Florida, subject to the dispos-
al of the Legislature thereof, no title
70 the swamp lands granted to the
State of Florida by the Act of Congress
az Sen. %. 1850 subsequent to the
approval of the Act, of jan, 9th, 1855,
Chapter 61O, Laws of Florida, creating
the Internal Improvement Fund and
declaring that said lands and all the
funds arising from the sale thereon, az
ter paving the necessary expenses, are
thereby irreVocably vested IN the Irus-
tees. And therefore these Trustees
decline. as they have at all times here
tofore declined, to recognize any OF
the so-called land grants to railroad and
canal companies claimed under the
special legislative enactments OF 1873
and subseduent thereto.
See, That under the Act of Con-
Aress. Sept, 2S, 1850, the legal title
remains in the United States and pass.
es TO the State only on the delivery OF
the patent. Therefore the lands en-
braced in the patent numbered 1877,
dated 18th, day of April, 1903, convey
ing 2, 1862, $50 acres, known as the "Ev-
erGlades" patent, are not subject to
any railroad or canal, by reason OF any
special legislative enactment granting
lands thereto or certificates issued or
obligations entered into by the Trus..
tees of said fund, prior to the date OF
said patent. o.c. r
the State OF Florida, 1879, 10th, Flori-
da Reports, page 543, Trustees Intern
al Improvement Fund VS. 81 johns
Railroad, opinion of the court:
"For the purpose of assuring a pro-
per application of this fund for the pur-
nose therein declared, they (the Legis-
tature) vested these lands in tive trus-
tees. by the second section, to be held
bv them in trust for the uses and pur-
poses hereinafter provided. The lead
ing and primary use and purpose there.
matter provided, TO which the fund
was made applicable, was to aid in the
construction of those lines OF road and
canal mentioned in the fourth section
and which have been held by this court
In all it's authorizations of this act TO be
a State system. (Sec designated a
canal from St Johns River 10 the In
dian River and line of railroad from
Fernandina TO Tampa, with a branch
to Cedar Keys, and line from jack
sonyille to Pensacola with branches to
St Marks River or Crooked River and
TO St. Andrews Bay and other sections;
$40. 900 worth of bonds was TO be issu-
ed to these railroads for every mile
graded The bonds were 10 be signed
by the trustees. The trustees guaran-
teed interest not 10 exceed seven per
cent. For such money paid out IN IN
terest the trustees received stock. The
roads, with all their appliances and APP
purtenances, workshops, vehicles, IN
fact, every thing connected with the
railroads were exempted from taxation
for IS years. The capital stock was
exempted forever. All the officers and
servants and persons IN the actual en-
ployment of the company were eXemp-
ed from performing ordinary patrol
of militia duty. working on pubic
roads and jury duty They were al
lowed in addition bonds Of $3.50, 900 for
the construction of specified railroad
bridges. All these bonds were to be
issued on the same basis. Cities and
counties were allowed 10 bond them
selves, provided, that in no case Of
county subscriptions, the amount shall
exceed so per cent Of the cost Of con-
structiOn through said county. The
faith and resources of such county, city
or town for the payment Of such bonds
and interest were pledged The rail.
roads were TO receive a State land
grant Of the alternate sections for six
miles on each side, and 100 feet right
of way was granted on each side.
The canal was even secondary 10 this
State system of railroad,
Sec. IL. The entire cost (of the
canal) shall not exceed four thousand
dollars in money and four thousand
acres Of land per mile: provided that
the Trustees Of the Internal Improve
ment Fund shall be Of the opinion that
this sum in money can be applied 20
said purpose without impairing the eff
feiency Of the fund for railroad pur-