The Ocala banner., 1922-06-02
AN OPEN LETTER
From John r. Martin to the Board Of
County Commissioners and the
Board of Bond Trustees of
Marion County


members OF the county commission
ers, and Messrs. j. G.. Baskin, John
II. Taylor and L. K. Edwards, bond
trustees, of Marion county, Florida
Gentlemen: AS complainant in the
suit filed May oath, 1922. assailing
the legality of the sale of the s560,000
of road bonds. l wish to make this
statement as to my position, and in
the matter, propose TO publish this
letter
Other than as citizen and tax
payer, have no interest in the case,
and prior to the assembling of the
grand jury, knew little or nothing
of the facts relating to the bond sale.
However, as foreman of that grand
jury /. of course, heard what Judge
Bullock had to say in requiring inves-
tigation of the bond sale, and likewise
heard the statements Of witnesses
brought before the grand jury After
adjournment of the grand jury | re-
ceived additional information regard
ing the transaction, and thereupon de-
cided to make myself a party to the
suit attacking the validity of this
sale, believing that such action was
certainly demanded by somebody, and
because so many people, while con-
demning the said bond sale, through
timidity or other motives, were un-
willing to bring the matter before the
court. / fully realized, and now
realize, the financial strength and
power of those who are made defend
ants in this suit, but it is my inten-
tion to press the case to a full inves-
! tigation and final decision, unless
some settlement of the matter shall
be made which will provide substan-
tial justice to the county and the peo-
tple thereof.
May 25th, Judge Bullock made
all order certifying that he is dis
qualified to hear the case, for the rea-
son that he has already formed and
expressed his opinion as to the legal,
! ity of the action taken by you for the
sale of these bonds.
The order made by Judge Bullock is
as follows:
In che circuit court of the fifth
judicial circuit of Marion county,
state of Florida. in chancery: John
D. Robertson and John r. Martin.
complainants. VS.. Bruce MeTert, ct al.
as the board Of county commission
er5 of Marion county, state of Flor
ida, and John H. Taylor ct al. las trus-
tees, ETC.. defendants.
This case was set for hearing be-
fore me this date on application for a
temporary injunction, and because of
the fact that this court is now engag-
ed in the trial of criminal cases and
other business before the court. and
the further fact that the defendants
solicitor did not have a reasonable
time TO prepare for such hearing, it
was upon agreement of the respect
i've solicitors for the compliments and
defendants, agreed that this case and
hearing be continued until Wednes-
day, the 31st day of May, A. D., 1922.
before this court in Ocala.
Since these transactions I have
seen carbon copy of the bill and
after reading the same certify that as
circuit judge for the fifth circuit of
Florida, | am disqualified to hear the
said cause or to make any order there
in, for the reasons that, among others.
prior to the filing of this bill. and
without any knowledge of such pro-
posed action, had heard certain ru-
mors and reports calling in question
the legality of the action of the de-
PENDANTS in the matter of the sale of
the bonds mentioned in this bill. and
was requested to call the attention of
the grand jury of Marion county in
session at this present term to said
reports, and that pursuant to the said
request did call the attention of the
said grand jury then in session to the
facts, and did then and there express
my feeling, based upon the reports
that had been communicated to me, in
reference to the sale of the sari
bonds, and now finding that the allie
cations contained in this bill are in
manay respects substantially the same
facts as reported to me, and by season
of those reports | had formed distinct
and prejudiced convictions as to the
legality of the action, and by reason
of these facts that | feel so biased in
relation thereto that | certify am
disqualified as judge to hear the said
cause
Done at Ocala. Florida. on this the
25th day of May, A. D., 1922
w S. Bullock. Judge.
The only reasonable construction of