The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-10-21

woman and her husband. under the
provisions of Section of Article II OF
the Constitution of Florida of 1885.
to enforce his claim against the sep
arate property of such married woman
for his commissions in procuring a
purchaser for such property, it is nor
sufficient simply TO allege that such
married woman made an agreement
in writing authorizing such broker to
sell such property for a certain fixed
price, but the bill must further aliege
that such agreeent was made for the
benefit OF her separate property. Where
no such allegation is contained in the
bill and it cannot be reasonably III
ferred from the allegations contained
therein and from such agreement in
writing. which is attached thereto
and made a part thereof, that a safe
of such property for such price would
mans separate estate. and it is fur
Their alleged therein that she and her
husband refused and failed to per-
form such written agreement, such
bill is demurrable, as such a1lega
tons are not sufficient to sustain. a
decree to charge and sell the sepa-
rate property of a married woman for
the payment OF such claim.
Decree reversed.
Maxwell G. Reeves. for appellants,
Blount & Blount & Carter, for appel
lees.
In the Supreme Court of Florida.
Division A. June Term, A. d. 1908.
The State of Florida, ex rel. William
H. Ellis, Attorney General, plaintiff
Gnrhin0 Hnfand-
ant in error.
Whitefield, ]. 1. The navigable
waters in the state and the lands un.
der such waters including the shore
or snace between ordinary h(eh- ana
the state or of the people OF the state
In their united or sovereign capacity.
Such lands are not held for purposes
of sale or conversion into other values
or for reduction into several or lndi
vidual ownership, but for the use OF
all the people Of the state Tor pur
noses of navigation, commerce, nsl
ing and other useful purposes anoro
ed by the waters thereon.
The title to lands under navl-
gable waters in the state including tne
shore or space between high and low
water marks is held by the state in
trust for the use of it's inhabitants.
such title being essential to the SOW
ereientv of the state, to the proper
exercise of the police power ana u
the welfare of the people or the state
3. The state may in the interest,"
of the public welfare, make limited Oil"
position of portions OF the lands uIl
der navigable waters within It's boro
| ers. or may permit the use tnereoi
| when the rights of the whole peopl'
of the state as to navigation ant
other uses of the waters are not ma
! terially impaired.
/ The state cannot abdicate gen
eraI control over the lands unde
/ nayigable waters within the state
| since such abdication would be lncoI
sistent with the implied legal duty Q
the state to preserve anu cohlrt
such lands and the waters thereon an
the use of them for the puplic goou'
5. The rights of the people OF IN
, state in the navigabfe waters and tn
lands hereunder including the shore
or spaces between ordinary high an
/ low water marks, are designed for u
/ nublic welfare, and the state ma
+ regulate such rights and the uses
( the waters and the lands thereun1t
/ for the benefit of the whole people
: the state as circumstances may
noand. subject of course to the POI
: ers of congress in the premises
Il 6. For the purpose OF aiding NAY
III cation or commerce, or OF encoura
ing new industries and the deVeio
e ment of natural or artificial resoure'
l. in the interest of all the people, u
/. state may grant reasonable and Inn
oil ed rights and privileges TO ind1Vldua
d in the case of lands under naVlgao
n waters in the state, but such prl
= leges should not unreasonaoly lmpf
the rights of the whole people or I
state in the use of the waters or |
); lands hereunder for the purposes 1
nEeS by law, nor relieve the state
a | the control and regulation OF [
s. uses afforded by the lands and I
erl waters thereon
mi Y. The statute providing for lin
as ed privileges TO individuals TO pii
oysters in the public waters OF
tot state does not authorize the conv
C ing of title to the land, and the s,
20 ute expressly enacts that the pr
ct. Ieges acquired under the act shall
-o- obstruct or interfere with navlgaAi
OF and that all existing natural or ma