The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1908-03-20
THE ATTORNEY GENERAL AND
THE ocALA BOARD OF
TRADE

~ " CNAANGclAe uAACAAODn 10 rear the
long DELAYED report Of the committee
on power and scope" appointed about
eighteen months ago 70 collect evil
dence Of the physical condition OF the
A. c. /. railway, which it promised TO
furnish to the attorney general Is the
basis for his suit in the supreme
court Of the state Of Florida 10 COM
pei the said A. c. /. railway company
TO put its track in a safe and suitable
condition for the safe and expeditions
conveyance OF passengers and freight.
This evidence was promised the at
tOrney general and on the strength of
same he in good faith instituted the
proceedings, but at the crucial mo-
ment the evidence was not forthcom-
ing, so he was at his ropes end and
could proceed no further.
The report Of the plan and scope"
committee was read and adopted. Il
is rather a vOluminous report. esge-
cially with the letters attached. which
is a part Of the report.
The report fully eXOnerates and in
deed heartily cOmmends the attorney
general for the enthusiastic manner in
which he took hold of the case and
vigorously fought it before the SUI
preme court
In justification and explanation of
the action Of the Ocala board Of trade
the committee states that it was prom
ised the hearty cooperation of all the
towns and cities along the line Of the
road in money and personal efforts
to secure and furnish evidence of the
physical condition Of the said A c. L.
railway. and while Oeala did her fun
share most of the other places along
the line of the road failed to respond
and the evidence was not collected
for the want Of funds.
Ii was afterwards discovered that
the legislature had conferred this
power on the railway commission and
had commissioned it 10 appoint an en-
gineer for the very purpose Of exam
lining the rOadbed Of the different rail
roads of the state TO ascertain their
physical condition, and an engineer
had been appointed, and the legisla-
ture had appropriated and fixed the
salary of said engineer.
The attorney general referred this
matter TO the attention of the railroad
commissioners in two very strong and
fOrceful communications, and asked
that body TO have the said engineer
collect the data as to the condition Of
the A. c. L. railway, but the railway
commission declined to do SO unless il
could be shown that the matter was
urgent and extraordinary.
The attorney general i'm his second
letter said that he had petitions in
his Office signed by eight hundred per
sons living along said railroad. saying
that the condition of the road was a
menace 10 life, and wrecks were of
constant occurrence.
To this strong and urgent letter the
railroad commission made no reply
whatever.
IL was then suggested that as the
legislature was in session that a bill
be drawn and passed by it appropriate
ing a certain sum of money under
which this examination could be
made. That a copy of the bill was
forwarded TO each of our members of
the legislature. The attorney gener-
al urged the passage of the bin and
told of its urgent Importance, but il
was allowed 10 die in the hands Of
the committee to which it was refer
red.
So nothing could be done as to fur
nishing the attorney general with the
evidence he so much needed and
which he was compelled to have if
The suit was TO be pushed 10 a sue
cessful conclusion.
The attorney general said that he
had no word of censure to pass upon
the Ocala board of trade, as 1t prac-
rically carried out its promise TO him
and had all the other towns along the
road done as well the evidence would
have been forthcoming and the case,
he believes, would have been won out
in the supreme court.
As it is he says an entirely new
precedent was established by the
Florida supreme court in that the
state has the right to compel rail-
roads to keep in repair the physical
condition of their roadbeds and roll
ing stock This principal was estao-
Hshed and so an entirely new prece
dent in legal Jurisprudence has re
ceiyed the most favorable criticism
from some of the ablest legal publiea'
lions in the country.
The attorney generals speech was
. So, 11x- racpiVpd-