The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-10-24
WALES CLAIM
COMES Up IN A
NEW FORM NOW


tells of the contention at various
stages, etc. asks the court 10 restrain
the trustees of the Internal Improve
ment Fund Of the state of Florida
from the further sale of lands as pat
ented to the United States in the
Everglades, asks and demands an &C
counting of all lands sold by them
which are described in said patent OF
the Everglades land to the state OF
Florida and of all moneys received by
them which were collected by the
orator as the agent OF the said board
of trustees, and that the said trustees
be required to convey TO your orator
sufficient land to pay him two cents
per acre on all lands which were pat
ented to the state of Florida by the
United States in 1908, at the prices
then prevailing and that, on failure so
TO do, the amount due your orator may
be ascertaiped by the court, with in
teTest thereon at the rate of eight per
cent per annum from April %, 1903,
to the date Of settlement. and also
all interest due your orator on sums
of money collected by him for said
board as herein alleged"
The paper as filed is a bill of com
plant, and is brought by the firm OF
Bars, OdOm s. RTowdeT. Jacksonville,
and directed against Albert w. Gil
christ. governor Of the state of Flor
ida; A. c. Groom. comptroller of the
state of Florida; w. V. Knott, treas
urer of the state of Florida; Park
Trammell attorney general of the
state OF Florida, and B. z. McLin,
commissioner Of agriculture Of the
state of Florida, as trustees of the In
ternal Improvement Fund Of the state
of Florida defendants
The BilI's Citations.
The bill cites that on April Is. 1873.
the trustees Of the l. /. fund of the
state of Florida employed Sydney l.
WALES as their agent and attorney
before the Department of Interior at
Washington, D. c., in procuring an ad-
justment of the claims OF the state Of
the lands granted by congress under
the act Of September Is, 1850. and the
said trustees agreed to pay him 20 per
cent of all money paid over TO the
state on account Of swamp lands pur
chased from the United States prior
70 March 8, 1857. under acts Of con-
gress March 2. 1855, and March 3,
1857; and also 20 per cent. OF all war
rants or certificates issued to the state
under said act on account Of lands
located by warrants or scrip prior to
March 3, 1857, and the trustees at the
time of making said contract further
agreed with WALES that upon receipt
Of patents for any lands selected by
the state as swamp lands prior to
1861, which had not then been patent
ed to the state for any reason. said
board would convey to him s per cent.
thereof in consideration of his serv-
ices in procuring said patents and
that for procuring the approval and
confirmation of the lands selected for
the state as swamp lands since 1861,
the board would pay such reasonable
compensation as should be thereafter
agreed upon; and thereafter, the said
board unanimously agreed with him
that they would allow as such reason
able compensation TO Wales for pro-
curing the approval and confirmation
OF swamp lands selected for the state
since the war of secession. two cents
per acre for every acre which should
be patented to the state, to be paid in
land at the current price for such
lands at the date of any payment. I'm
der the terms of the said contract, it
alleges, payments to the state of Flor
Ida on account OF swamp lands prior
to the Bird day of March, 1857, and
the acts of congress OF March >. 1859.
and March ;, 1857. amounted to S25,-
OO1o2 and II was claimed Wales was
entitled to receive $5.001.40, with in
teTest. On June 8. 1903. a payment
was made of the amount named with
out interest, which would have in
creased payment to $7.45S-7S. soon af-
ter the first payment was made a de-
mand was made by Wales for money
due. but was informed that the board
had not received the money and that
sE-hDv1 -
was taken by him and applied on pay
ments of overdue coupons of SIG2.0O
Of bonds of the state of Florida then
held by the I. S. treasury. the money
having been borrowed by the state
from the l. s. Indian trust fund, and
payment of WALES was thus deferred
until the money could be paid 10 the
said board Such relation was then
unknown 10 Wales and he had moth
ing 10 do with it, and he represents
that he should have been paid when
full settlement was made between the
United States and the state of Florida
and a failure 10 so act was CONTRARY
TO the wishes and instructions Of your
orator and in utter disregard Of his
rights in the premises"
Why Injunction Should issue.
Citing a reason why the PRAYED in
junction should issue. the bill states.
That said trustees of the I. l. fund
have for the past several years been
selling to divers persons large tracts
Of said EveTElade lands out OF which
your orator was 10 receive COmDensa-
ton for his services. and they are now
negotiating to sell large tracts of land
70 different people in the state OF
Florida and elsewhere in total disre-
gard of the rights of your orator:
that unless restrained the said trus-
tees Will soon dispose of all the pub
lie lands which were patented to the
United States as aforesaid and thew
Will have no lands with which 10 nav
your orator according TO said agree
ment. The conveysnces which have
been made by the said trustees are
shown by the reports of said board
but your orator Is not informed as 70
the amount of land they are now ne
gCuaJinE TO sell. but he is reliably in
formed and believes and thereupon al