The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1913-06-26

the dedlcatlOn OF the same by the
abutting owners, or by legal condem-
nation. The act of the legislature
merely extends the limits and makes
no provision with reference to taxa
ton nor does it purport to lay out
any streets, and / feel warranted in
saying that in my judgment a great
many assaults may be made upon
this act, and in all probability the
owners of farm lands lying along the
line of the extension will object to
taxation, and that if such objections
are made, the courts, | believe, will
hold that the entire amendment is IL
legal At an election these parties
are certainly entitled to vote and to
participate in the city government,
as well as to police protection, (the
latter they certainly do not havel al
though the act does not assign them
to any particular ward, nor create a
new ward, and I do not know of any
rule of law, although | have made
considerable investigation of the sub
ject, that will permit the city to as
sign them to any ward it may choose,
the wards having been established by
the legislature and reference to each
now laid oat" is made in the original
act, and the new act does not change
the old ward limits nor put the new
citizens into any of the old wards
A great number of objections can
be urged to this amendment. but with
these l am not interested. But as a
citizen of the city of Ocala and tax
payer, l do object, and l feel war
ranted in saying that a number of
others similarly situated will like
wise object, to the city undertaking
to convert this Silver Springs road
into a street, thus entailing an ex-
pense of several thousand dollars a
year to keep it in such condition
after it is so converted and to save
the city from damages by persons in
jured thereon. In other words the
city, if it maintains it as a street, will
be liable for any neglect of duty or
failure to keep it repaired. The city
will take over, by so doing, a street
nearly as extensive as all the princi-
pal streets in the city. The city has
not been able to keep the others that
it now has in condition that they
can be safely travelled on, and with
come in from the extended territory
the city could not, in my judgment,
think of undertaking to maintain this
as street. So long as it does not
convert it into a street it is a public
road, and the county is required to
maintain it,
In the case of state ex rel Garrison
Iv. county commissioners of Putnam
county, % Fla. Report 632, 3 South.
Reporter 164, the supreme court OF
Florida passed upon almost the iden-
tical question, and in an opinion by
Judge Rainey, after considering
whether the extension of the corpor-
ate limits of Palatka taking in road
as this does, suspends the power oi
the county road authorities over the
road, said:
J I'VE are not satisfied that it
| was the intention of the legisla-
ture that the mere establishment
| of town or city under our mu-
nicipal corporation act should of
itself suspend the power of the
county road authorities over that
part of an established public
road which might be covered by
the municipality. There is GER
tainly nothing in the language of
the act expressly declaring such
an intention upon the part of the
legislature, nor is there, we
/ think. anything from which it
can properly be inferred
The court in that case sustainet
mandamus to compel the county t.
work the road
| nCI tiOiS, L IOul6nu that lu6 Couu
lty is still required and may be com
PEELED to maintain this road, and
shall, if it becomes necessary, wheth
er joined in by any one else or not
protest against the payment by tn
lefty to the county for any work don
on this road. The question might a
we'll be settled now as at any time
and as / understand from the minute
of the previous meeting of your hon
orable body, you have agreed to pa
for the work done after the amend
ment to the charter of the city becam
a law, and in this do not believe yo
have considered this feature of th
case.
l am giving you my views z
length, hoping that the matter ma
be settled without compelling th
citizens to resort TO injunctive rem
edies, and / trust that your body wi
refuse TO pay any bill for such II pre-
scented by the county.
Yours truly,
H. NJ. Hampton.
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