The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-02-23
GREAT VICTORY.F FOR The STATE OF FLORIDA
End of Famous Suits In Which
State Comes Out as Victor

lie lands ever been paid into the state
school fund It is estimated that there
| Is due the school fund under this pro-
vision OF the constitution upwards of
one million dollars.
Governor Broward for the School Fund
Governor Broward became insistent
for an investigation and opinion as to
the force and effect of the provision
of the constitution of 1868 granting
20 per cent of the proceeds of the
sales of public lands to the state
school fund from the general counsel
OF the trustees of the Internal I'M
provement Fund. Ex-Governor Jen-
nings investigated the question and
advised the governor of his con-
illusions, prepared the resolutions
afterwards adopted by the state
board of education, in Novem-
Der, 1907, calling uponthe trust
ees of the Internal Improve
ment Fund for an accounting, but sug-
costing on account of the conclusion
of expressing or furnishing a written
opinion or the subject as COUNSEL for
the trustees. which led to request
by the governor for an official opinion
from the attorney general on the sub
ject. The attorney general arrived at
a conclusion to the effect that the
school fund was entitled to an ac-
counting from the trustees of the In
ternal Improvement Fund for % per
cent. of the proceeds of the sales of
all public lands. as stated in the opiIls
ion dated February, o, 1908.
Settlement of Suits.
In the early part of the year 1907
ex-Gov. Jennings was appointed the
agent of the Internal Improvement
Fund TO negotiate settlements of the
railroad land grant claims. About this
time the final decree of the L. e N
r. r. Co. against the fund for 1921 900
was obtained the trustees were en-
joined from using the moneys in the
banks pending the litigation, injunc-
tons were pending to prevent the sale
of any lands, or the use of the pro-
ceeds arising from such sales. or the
use of any of the moneys on hand for
the purpose Of drainage and reclama-
ton.
However, propositions for a settle
mept were suggested as the litigation
progressed. applications were made
for injunrtienS to enioin the sale of
lands, and the use of the funds Of tlle
trustees for the purpose of drainage
and reclamation, and We're strongly
urged before the Judge of the United
States circuit court, and injuuctions
were in part granted but We're de-
MED so far as rel3fed to the drainage
operations. which enabled the trustees
to continue selling lands and aDrlying
the proceeds thereof to the expenses
Of drainage and reclamation, which
has progressed vigorously. This was
considered a signal victory for the
trustees. The great legal battle was
won. In AUGUST. 1907, Ex-Governor
Jennings submitted plan and propo-
siticn tn the counsel of the L. & n. r.
r. Co. for settlement of ifs final de-
cree. and an assignment of its omen
grant to the state school fund In No
vember this plan and proposition was
accented which was to the effect that
the L. & N r. r. Co. would satisfy
its final decree against the trustees
amounting to 1881 900. with interest.
and assign its open grant of .O40. 600 \
acres TO the state school fund in con-
sideration of the trustees executing a
deed to about 37S 900 acres of lands,
certified by former trustees in the
wear 1888. which lands the L. & ~
had decided to the Southern States
Land and Timber Company, and form
ed the basis of it's suit. and the fur
Their payment by the trustees of S110.-
900 in cash In the meantime, the
agent for the trustees had suggested
TO the Wisner Land Company, the as
signee, of the claims of the J.. T. &
X. w Ry Co, the S. 8. o. & G. r. r.
Co., the S. F. r. r. Co. and the F. s.
Ry. Co., aggregating about 900,000
acres, of which about 100000 acres
were contained in certificates issued
by the trustees in the years 1883 and
1889, that a settlement might be ar
rived at on the basis of the amount
of money paid by the Wisner Land
Company for said claims, aggregating
s121 900, in lands at market va're.
and by the assignment of the open
grant of the Wisner Land Co. to the
state school fund, which, after some
months negotiation, resulted in a set
Element TO that effect.
Adjustment of Claims and Convey
ances TO School Board.
The settlement of the pending suits
and ADJUSTMENT of the claims were
therefore largely Influenced by the
recognition on the part of the trus-
tees OF the claim made by the school
board, under the constitutional pro
vision OF 1858 and the assignment
and CONVEYANCE of the railroad land
grant claims in the the negotiations
for settlement
Status of the Fund After Adjustment.
Total acreage on hand, approximate
" 2, 100000 acres, subject to sale, man
agement and control of the trustees
Of the internal Improvement Fund. I'M
der the state, for the purposes OF
drainage and reclamation.
Residusry Interest.
The residuary interest nj the state,
heretofore granted by thu legislature
70 the /. & y. r. r. Co. the F. S. Rv
Co, the j., T. X. w. Ry. Co. the Sill
yer Springs OcaIa & Gulf r r. Co,
and the South Florida Railroad Com
nany, aggregating 100000 acres, has
been assigned by the railroad com
Danies and their assigns TO the state
board of education. which entities the
state board of education, on account