The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1919-05-11
SWEARINCEN
INTERVIEWED
'CLADES
tay HERsERT FELkEI


(Ry HERBERT FELkED
Tallahassee. May s.-Attorney General
Van C. Swearingen has given out the
following statement:
IT do not intend to enter into 3
newspaper controversy with any one rel
contained In an interview given out by
Senator Singletary regarding sales of
Everglades, In which he referred to ne.
are so incorrect that 1t makes it neces-
sary for me to reply thereto.
There has not been single acre CT
land sold by the trustees of the Ever
glades since I have been one OF the
trustees of the Internal Improvement
| fund for $500 per acre. II Senator Sin
gletary did not make more thorough
than he did of the information given out
| In his statement that I was q party 20
the sale of the lands to the Tatum Land
Company, then do not wonder that he
introduced and is supporting the bill for
the sale of the Everglades. This land
was sold to the Tatum Land Company
August q 1917, while Judge T. F. West
was attorney general, and Judge West as
a trustee, as the minutes show. refused
| to agree to this sale unless the Tatuln
tract to build q railroad as part If
the consideration, which they did.
/ do not know of but one gubernatorial
campaign based upon the drainage OF the
late lamented Napoleon B. Broward. No
one doubts today that the people OF F1or-
ida acted wisely in electing Governor
Broward, and thereby began <reclaiming
for the state of Florida four million
acres of land which at the time every
body said was not worth anything ana
now even the senator himself admits it
| is worth from eight to ten million dol
lars. In my opinion, as stated these
millions of acres are worth to the people
Irrfd do fro- 1rk.y
dollars.
1.-The provisions Of this bill in disposing
of the Everglades lands of the Internal
Improvement fund raise certain other de-
rious questions which are bound to be
| considered in making disposition cf
such lands, especially when such dispo-
sftion is absolutely contrary to the terms
/ of the grant under which said lands were
| received by the state as a gift from the
federal government.
These lands are among those granted
| to the state by tho United States under
the Swamp and Overflow Land Grant Act
of September %. 1850 In making the
] said grant the congress of the United
states used the following language:
United States Statutes, L-519-52O Section
I29-'Provided, however. that the pro-
eeeds of the said lands, whether from
sale or by direct appropriation In kind,
| shall be applied exclusively, as far as
necessary, for the purpose OF recla inning
said lands by means of levees and drains
aforesaid The language of the above
act is clear and It's meaning unrnfstaka-
/ Bile.
THE state accepted the grant with the
conditions thereof. and in the Internal
Improvement Fund act of the Legisla-
j ture of Florida, January 6, 1855, Section
! IL. the following langua ge is found: That
! the trustees of the Internal Improvement
Fund shall hereafter fix the price OF the
public lands included in the trust, having
1 70 haf qnvr Fo-t
agricultural purposes on account of the
timber or naval stores, and such ar
rangements for the drainage of the
swamp or overffowed lands as in their
Judgment may be most advantageous to
the Internal Improvement Fund and the
settlement and cultivation Of the lands.
! Since that time numerous acts of the
i legislature of Florida have recognized the !
conditions of the grant and have male
q Opposition of the lands thereunder Tho
records Of the laws of this stae contain
many such acts which may readily be
referred to.
THE trustees of the Internal Improve
ment und have continuously recognized
the binding obligation resting upon them
! through the grant of September %. 1859
by the United States to the state, ans |
have been and are actively and ener-
gctIcally engaged in carrying out the pro- |
visions of said grant in the drainage |
and reclamation of lands so granted
THE courts of this stae have consist |
emily recognized the conditions under /
which these lands came to the state ana |
50 have The courts of the United States. |
of which the following brief reference |
serves to show the tenor. The Supreme |
Court of Florida in Trustees v. Bailey. |
10 Fla. 125, said II 1t be once con- |
coded that the fund may be applied |
to other purposes than those mentioned |
in the act there win be no limit. and |
| in short time we shall probably see
tie whole fund fritted away in a thou |
sand local enterprises IL we permit the |
fund to be applied to new. disjointed |
fra gmentary enterprises unconnected with !
any system we shall see the whole fund |
exhausted nothing great accomplished
THE Supreme Court of Florida N |
Trustee v. st. Johns Railway Company
IL Fla sal. referring to language used |
by the United States Supreme Court
1T is not doubted that the grant by
the United States to the state upon con-
ditions and the acceptance Of the grant |
bv the state constituted contract'-has
the following to say: Tt cannot be sup
posed that the legislature by this act |