The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1908-04-18

this proposition inns, remember, Was
last May, 1907. X. Hudson Burr,
j. l. Morgan,
y. A. Bitch,
Commissioners.
(CopyD February IA, 1905.
Hon. n B. Broward, Governor,
Tallahassee, Fla.
Dear Sir:
We are in receipt Of a letter from
Hon. W. III. Ellis, Attorney General, a
COPY of which is enclosed. demanding
that We shall take our engineer from
work which he is doing under our in
structions, and assign him to work
designated by the Attorney General.
The Railroad Commissioners are
chosen by the people of Florida and
are charged with the duty of carrying
out the provisions OF the Railroad
Commission laws Of the State. In
doing so, they have, as a matter of
course. to use their best judgment in
deciding what shall OF shall not be
done regarding railroads and other
common carriers in this State In our
oponion, it was never intended that
tie . OciHS ClidIScu
with and held responsible for this i'm
portant branch of the State Govern
ment, should at the same time be re-
quired to sub ordinate their judgment
to the dictates of any other Depart
ment of the Government.
BY the Act of May u, 1907 (Chapter
1922 Laws) jurisdiction of the phys
ical condition of the railroads, rights
of way, tracks, depOts, rolling stocks
and other fixtures and equipments of
railroads in this State, was, for the
first time, given to the Railroad Com
missioners, and they were required by
the Act to employ competent inSpec-
tor who should make the necessary
Investigations and inspections Of such
matters, as we'll as the cost of repro
ducing the same, and report to the
Commissioners, at such times and In
such manner as they might direct. The
manner, time, and place of doing such
WORK is placed in the discretion of the
Commissioners, and we fail to see
wherein the Attorney General is vest
ed with any discretion or authority in
the matter.
The Inspecting Engineer of the
Commissioners was appointed by
them to assume his duties on July 1,
1907 and since that time they have
had his work done where present con-
ditions most urgently demand. He
has been almost constantly engaged
on the L. & n. r. r. because this
Commission is enjOined by the Fed
eral Court from enforcing an order
20, %, do IN
and the Commissioners were long ago
advised that such work was necessary
to sustain their order. Until the APP
pointment of the Engineer was au-
thorized, the commissioners were
without means to have this work done.
and they felt that justice to the people
of the territory through which the
L. & n r. r. runs, required that the
case should be first taken up.
In addition, whenever they have had
sufficient reason to believe that por-
ton of the track, or any structure, Of
a railroad is in a present unsafe con-
ditiOn, they have directed an inspec
ton to be made for the purpose of re-
curing it to be repaired. 1t is impOs-
sible for the engineer to make a thor
railroad trackage in this State in any
reasonable time. For general inspec-
ton, the best he could do at present
would be to ride in the trains, and
form some idea of the conditions in
that way: therefore, to our minds, his
most important duty, at present, is TO
inspect the worst pieces of track in
the State, without reference to what
particular railroad they belong to.
The condition of portions of the At
lantic Coast Lines tracks, as stated
by the Attorney General in his alter
native writ Of mandamus. must be re-
ferred back to January II, 1907, when
his writ was issued, and times prior
thereto, thirteen months and more
ago. We are not aware that these
parts Of the Atlantic Coast Lines
tracks are now the most dangerous in
the State; on the contrary, We know,
Of our personal knowledge, that con-
siderable work has since been done
on them. This, we believe, the AttOr-
ney General will admit. We know
therefore no reason why this work
should receive attention before other
work which we deem to be equally
or NOR urgent. II moreover occurs u
US that any present inspection of the
track would merely show its present
condition, and NOT that in which it
was reported to be more than a year
ago. We assume that the Attorney
General made his allegations upon the
statements of competent witnesses
made to him at the time, and we do
not understand why he cannot sum-
mon them by subpoena from the su-
preme Court, to give their evidence in
the case. In short. we see no good rea
sons why the time Of the engineer
should. in this matter, be taken up
with work provided by the Attorney
General who is not charged with the
responsibility nor the duty of having
il done
Nevertheless. you, as the head Of the
State Government, are charged with
the execution of all the laws, and have
peculiar opportunities for determining
what the best interests of the whole
Stat require. If. in your judgment,