The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1934-01-02
SUPREME COURT
GIVES DECISION
in SPONGE CASE
REvERsEs DECREE OF CIR.
CUT COURT IN CASE OF
PERKY PROPERTIES YER.
sUs B. FELTON,, OTHERS

William HI. Malone is in receipt
of telegram from the Supreme
Court of Florida, advising him
that the court has reversed the
decree of the Circuit Court of
Monroe County, entered by Judge
Atkinson, in the case of Perky
Properties, Inc, VS.. Ben FELTON,,
ct al.
The reasons for the reversal are
not stated in the telegram, but
the opinion will be here in a day
or two, when the full details will
be learned.
Discussing the issue with The
Citizen, Mr.. Malone gave the fol-
lowing condensed outline of the
history of the case from the time
of the first experiments in the
artificial growing of sponge up to
the present:
"Dr. j. v. Harris learned of
the experiments being made by the
United States Bureau of Fisheries
to artifically propagate sponge.
AT that time, DR.. Harris owned
the major portion of the land sur
rounding Sugar Loaf Sound.
The sound being almost land
locked, DIR. Harris conducted his
experiments there. His efforts
demonstrated conclusively that
sponge could be artifically pro-
pagated.
Right Granted
ain 1897 the legislature granted
to all persons the right to plant
and propagate sponge in the wa
tiers adjacent to their lands and
granted police protection over the
beds of planted sponge. After
the passage Of this act, Dr.. Har-
ris took advantage Of its provi-
sions and went into the sponge
culture quite extensively.
''In 1899 the legislature repealed
the act Of 1897, which in effect
deprived land owners of the right
to police the waters in which they
had planted sponge. But the
Act of 1899 specifically retained
all vested rights which had been
acquired under the act of 1897.
The rights acquired by DIR. Harris
in Sugar Loaf Sound under the
Act of 1897 were unimpaired. DIR.
Harris continued his work for sew
eral years afterwards.
'.In 1909 DIR. Harris sold his en-
tire holdings to Florida Fruit and
Sponge Company, in which Charles
w. Chase was the dominating
owner and manager. Mr.. Chase
erected quite a few buildings on
Sugar Loaf Key and developed the
industry of the artificial propaga-
ton OF sponge successfully and
on a large scale.
AT one time he had over fifty
men employed and several large
vessels gathering in sponge for
planting purposes. Approximate
" 100000 was spent in the in
iustry.
This continued until the break
ing out of the European War and
owing to the embargo Of the Brit
ish government prohibiting the ex-
portation of all funds, except for
war purposes, the industry was
without funds to continue, as the
wealthy stockholders in Mr..
Chase's company resided in Eng
land.
"As \ result the company failed
and went into bankruptcy admin
istered by the Federal Court in
Chicago. The property was then
sold under decree Of court, to-
gether with all vested rights. The
present owners Of the property ae-
quired title through this proceed
are, and all vested rights 20 propa-
gate sponge and police the area.
in which the sponge were planted
and which had been acquired by
DIR. Harris under the Act Of 1897.
were also transferred 10 the pres
/ ent owners
Defiass Act