The St. Lucie County tribune. (Fort Pierce, St. Lucie County, Fla.) 1905-1920, 1911-11-03
BONDLAW IS
NOW IN FORCE
The Supreme Court so Declares
After Rehearing of Case
FOR ST. LUCE
Splendid Legal Victory for r. 1. Hem
mings in Securing Reheariog and A
Reversal of Previous Decision
THE ST. LUCE COUNTY GOOD
ROADS BONDS ARE VALID!!!

THE ST. LUCIE COUNTY GOOD
ROADS BONDS ARE VALID!!!
Such is the information conveyed in
a telegram to County Judge F. l..
Hemmings, from M. H. Mabry, clerk
of the Florida Supreme Court, which
reached Fort Pierce yesterday morning.
This will cause general rejoicing
throughout st. Luce county, for it
will mean the final beginning of the
system of good roads which the $780,
900 bond issue contemplated, and with
the building of these roads the pros
Gritty and & aneral development of our
county will commence.
The written decision of the Supreme
court has not yet been received, but
the following telegram tells in a few
words that the object for which st.
Lucie county, through its attorney,
has striven for more than a year, has
at last been realized:
Tallahassee, Fla, October 81, 1911.
f. l.. Hemmings. Fort Pierce, Fla.
Decree of lower court reversed in
Kroegel VS.. White case.
This means that the decision of Cir
cult Judge Minor S. Jones in holding
that the special act under which st.
Lucie county voted to issue bonds for
the purposes of building good roads, to
be Unconstitutional, has been reversed.
The original grounds of the contest
was caused by the omission of three
words, "and public Docks in the title
of the bill, as recorded in the Senate
journal The purchasers of the bonds
made an effort to sell One-half of them
to the State School fund trustees, who,
before purchase, asked the opinion of
the Acknowledgement as to the validity
of the act, and this error was found
and the school trustees refused to pur-
chase. To get an opinion from the su
preme court, a friendly suit was at
once instituted, with K. Whyte, w. E. |
Tylander and b. X. McCarty, repre-
senting the tax payers of St. Lucie
county, against P. Kroegel, chairman, !
and the board of county commissioners.
In hearing before Judge Jones the
court ruled that the bill had not passed
both houses of the legislature at each
Of it's three readings under the same
full title, and therefore was not con-
An appeal was taken to
The Supreme court.
Before the Supreme court had rem
lered a decision, a validating act,
which corrected the error complained
If, and also removed the provision of
.rustees, which competent authority
I I'd pointed out to be unconstitutional,
vas passed by the legislature.
The beated decision of the Supreme
. IA
,zed that the validating act of the leg
stature had corrected the errors and
inconstitutiOnality complained of, but
declared the law still unconstitutional
because it violated sections Il and %
If the const tuition, which provides the
manner in which all taxes shall be as
,essed and collected. Judge Hem.
nngs and his associate, Judge Baker.
If Jacksonville, as well as several con.
titutional lawyers of the State, thought
hat the Supreme court had erred in
Is decision, and Immediately asked for
rehearing, which was granted, and
were heard in Tallahassee
asst Tuesday, with the result that the
Supreme court has rever ed its former
opinion, and our special bonding law re.
Mains in full force and effect.
The victory is magnificent tribute
O the legal ability of Judge Hemmings,
Who not only drafted the law, but has
ought for its constitutionality against
What appeared at times to be insur-
nountabe obstacles, and places him in
he front ranks of Florida's attorneys.
The full decision of the Supreme
ourt will be received in few days,
nd will be presented to the County
,ommis siOnels at its meeting next
tuesday,, when active efforts will again
,e taken to sell the bonds and COM
nence the building of our good roads.