The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-06-24
Former Governor Wins Lit
CATION Involving Validity
of Drainage Law.
COMPLETE HISTORY OF CASE
WHICH AFFECTS so SERIOUS
LY THE GREAT WORK OF RE
cLAMATIoN OF THE EVER
oLADEs, CARRIED ON UNDER
BRoWARD's ADMINISTRATION.

Former Governor Jennings, counsel
for Governor Broward and the Board
of Drainage Commissioners, is being
warmly congratulated over the vic
tory that he has won i'll the litigation
involving the validity of the drainage
law establishing a drainage district in
the Everglades and levying a drainage
tax of ) cents per acre, to be used in
the drainage operations of retaining
the Everglades, says the Jacksonville
Metropolis Ex-Governor Jennings
was the author of the original drain
age law, and its plan and scope and
purpose was conceived by him.
The ex-governor has been confined
to his home with Illness for the past
few days. but is able to sit up, and
last night a Metropolis reporter call
ed on him, and conversation result
ed which enables the Metropolis to
give an interesting but short history
of the drainage work and the contests
in the courts. From knowledge the
reporter already had regarding the
matter, and other facts told by ex-
Governor Jennings last night. the fol-
lowing is written and tells of great
struggle which will be of much infor-
nation to the readers of the Metropo-
lis:
During the close of Governor Jen-
nings' term In Office he procured the
patent to the Everglades; made a
special study of the status of the
land grant and the public land ques-
tion. His administration had made
complete change in the policy of the
disposition of the public lands Gov !
RI 4
with the recommendations made in !
Governor Jennings message on the |
land question, and made his memo |
rahle map campaign on the question |
of saving and reclaiming the public /
lands and was elected on that issue. |
Retained as Counsel.
At the beginning of Governor Brow
ards administration former Governor
Jennings was retained as counsel in h
charge of the litigation involving h
nearly six million acres of land grant
claims, embraced in a dozen or more
suits represented by ten or twelve of
the ablest lawyers in Florida, with
able assistance from New York. The
railroad land grant claimants insisted
in their suits that the legislature of
Florida had granted the land in ques-
ton to the various railroads, and that
the title to the lands was vested in
the railroads by virtue of the Iegisla-
tive enactments. Il
Jennings Contention.
Jennings administration COntended
that the title to the lands vested absO-
Iutely in the trustees of the internal {
improvement fund and their success 1
Ors in office under an act of the legis- {
Iature passed in 1855 for the express t
purpose of drainage and reclamation {
Of the swamp lands, and until that I
purpose had been accomplished the {
had no further control over
the fund or lands, and that only /
'esiduary interest remained in the 7
state as the beneficiary of the trust I
-und, subject to Legislative disposi- |
ion. The many suits involving so s
many legislative land grants, consntu- '
-onal, legal and historical questions, I
covering perod of fifty years, made c
he litigation exceedingly voluminous v
ind the progress in the suits necessa- '
lily slow. thus leaving the entire mat v
er in suspense, without funds to pro-
'eed to drain with or financial ability
o inaugurate or insure the cOntinu-
lnce of drainage operations. g
Advises the Trustees. t
Governor BrOward having determiR- e
ID TO procure the work of drainage Y
md reclamation, sought the advice OF o
he counsel on the question Of the e
lowers OF the trustees TO sell lands OF v
he fund and use the proceeds for the Il
purpose Of purchasing dredges en- e
'loyment of labor and the ependi- Il
ures incident to the drainage opera s
ions. T
Ex-Governor Jennings rendered an n
opinion, advising the trustees that the Fl
bsolute title to the lands in TIE fund n
vas lrreyocaby vested in the trustees. Il
o be sold by them and the proceeds e
sed Tor the purpose of drainage and Il
i ii
sroward Orders Dredges. Il
Immediately following this opinion r
he trustees proceeded to Lag out a IL
Ian for immediate work in the Ever p
ladies' Governor Broward and Attor- Il
ey General Ellis proceeded 70 Chic2- il