SeekIly rut remorrat. 'VOL. 2. J TALLAHASSRR, FLORIDA, FRIDAY, OCTOBER 12, 1906. NO. 33. I I found Gov. Mabry there, bor ne also, ably vested in them" under the Inter- of the Interior, hut when identified (pa- ta.x nwt exceeding ten cents per acre considered by the jury. had been summoned. Judge McWhor- nal Improvement act of 1855; that they tented) the title to relate back to the per annum to be fixed annually by said Section 35. The Legislature may ter sat in the room, evidently there by "had no legal right, authority or power date of the Act." Board of Drainage (Cormissioners. and provide for the assessment of ben*lts prearrangement. Gov. Perry said to to bind their successors by means of Tubbs vs Wilhoit, 138 U. S, 134; cit- the various tax asmessorm of the various derived by lands by reasons of such 6 us that we were urging the claims of certificates or instruments of writing ing Wright vs toseberry, 121 U. S., counties embraced in a part or in whole drainage, and the collection thereof; good men and splendid lawyers, either or obligations, other than duly executed 488, and Irwin vs San Francisco Say- within such drainage district ordistricts I the proceeds therefrom shall be pad to one of whom he would ordinarily be deeds passing the legal title to lands of ings Union, '36 U. S., 578. shall receive such list or lists and enter the Board of Drainage Comm io glad to appoint, but that he could ap- the fund, and that allcertificates, etc.," "The proviso in the Act of Septem- the same upon the tax rolls of the coun- to be used by them for such drsnp' / point neither. He said that there lived The Jennings-Broward theory is, that member 28, 1860, that the proceeds of ty or counties in which such lands may purposes. A n Oeala a man then poor in purse and because the legal title to the swamp said lands, whether from sales or direct lie and th amount so levied by the growing old,;who, although he had not and overflowed lands granted to the appropriations in kind, shall be applied Board of Arainage Commissioners in Warranty Deeds, legal tfoq (Continued on page 8.) State by the act of Congress of Sep- exclusively to the purpose of reelaim- such maniLr and oran as may be pre- Democrat Office. .OF ST. V.. K Good Govemment; Honesty in Public Office; Equal Justice to All-Special Privileges to None. TCHES AND THAT PROPOSED AMENDMENT! KAPPA APHA asuMIIscvNSES. FRATERNITY MEETS THE GREAT POWER ASKED FORI TheTallahmasseeAlumni Asselatl The Noble Charactr and Xxalted of the Kappa Alpha Fraternity held a Sr ofe J. Mak NO FIVE MEN SHOULD DESIRE TO BE 'OUR MASTERS I very interesting meeting Monday mgst' tiscussed by CeL Davst. at the home of Mrs. B. A. Megbnas, Sr on West Jefferson street. After the C th W. Daia Tama Tr a reI Will, Our People Veot to Naet a Bearl of Five Dralage CMisi n asters f the Whole People of regular routine business was disposed the shaow of rts-theoutward Flda, Who Will Be badod ad Uaaccoustable flr Their 2Octial Acts I of the association proceeded to the plaof qualities whichour Important memoranda": are hereby especially and separately ing said lands by means of levees and election of officerfor the current y ow citiuen love and respect. If this b p lsh t Irevoked andi annulled." Also, that the drains, isa matter between the United with the following result: President, be true, I never saw a man whose man- A table published in the report of the trustees "decline, as they have at all States and States, and the obligation it William N. Sheats; Vice-Prsident, Wm. ners bese better qalities than those Commissioner of Agriculture forte times heretofore declined, to recognize imposed vested on the good faith of the P. Byrd; Secretary, B. A. Meinnis; ofGenners mse JFing aey nor were hnuis yea- sundry 190 and 1904 companies the landims of any of the so-called land grants to rail- latter, and was not a trust which at- Treasurer. B C. Bondurant. TheTal- manner m of hisquealitiesng, for if they were- unry railroad companiesor ants, as due road and canal companies claimed under tached to the lands themselves." Mills lahassee Alumni Association of this n fcaptivatinghis chualities, for if the werthem.hem under legislative grlows:ants, as the special legislative enactments of County vs Burlington and Missouri famous college fraternity wasorganised e ptivatinghi character, justiflitrhem. lows: 1879 and subsequent thereto." Also, River Railroad Company, 107 U. S., nearly two years ago with seven meo- He was tall, stately, manly and firm, Lands certified Total that "therefore,' the lands (2,862,280 557. bers and since that time many names yet suavend on polite and iThe first time I Fl. Southern Ry131711.18 433,r1.4 acres) known as the Everglades "are And the grants of swamp and over- have been added to the roll. The shm- and on si occasions. e nirst time JacksouverTy. 433,.. not subject to any claim of any railroad flowed lands to railroad companies ni association is not authorized to initi- ever naw him he was addressing an aiu- Jac Kynville stm- 19 696.62 or canal company by reason of any which the Trustees under Jennings ana ate men and the association isaeomposed and I thought en was Grand. The a I v e r Erin.s special legislative enactment granting Broward have so rashly repudiated, of those who have previously bee inl- tiandme Isaw thought e wsat in invalid Ocala & uf 155,743.82 313,098.37 lands thereto, or certificates issued or have also been declared by the courts tiated into the frater ity by some act- chair at his son's home with the shad- Pensacola & At- 3 obligations entered into by the trustees to be grants in praefenti, and not sub- ive chapter in the institution of learn- ows drat ing nearer and nearer around lantic--------420,017.78 1,437394.77of said fund." ject to conditions other than those ex- ing where the fraternity authorizes o ws drawing nearer and nearer around la~n~tc--- 420. ,01.7 1,3734.,, ,,Cres"ed therein.-St. Paul M. and M. such initiations. The list of the real- him, and his fine eyes growing dim. I Palatka & Indian NOTES O. DECISIONS. redllw tome n-a. Phalp, M .. an M. dent members of the losl osf eytgon knew then he was rand, because River .....-------134,400.00 134,722.5 member 28, 1850, was, by the Internal aiway Company va Phelps, 137 U. S., dent members he local association between my first and last meet- Carrabelle Talla- Improvement act of the Florida Legis- 528; U.nited States vs Southern Pacific follows: W ..sheeteo ing with him many yearsof intimate assee Ga 72,349.18 585,354.40 latureofJanuary6,1855,"irrevocay" Under theAct of 1850. the swamp legeFred T. Myers, Universty of association had impressed his character Blue Springs, Or- vested in the Trustees of the Internal nd be convey ed to the State Geoi; B. C. Bondurant Unvritye upon me. ange City& At- Improvement Fund (a board created by ands an absolute conveywi direetio that of t Viina; Arthurant Uniiam He was born in Tennessee, in 1812, lantc ----------..----. 90,775.92 said acts), that, therefore, the Legisla- their roceed shall bewith a direction that of a far A. A. M ree, Florida ta Co and grew to manhood in that State. South Florida ..---...---- 93.175.29 ture had no authority to grant any of as necessa to reclaiming the lands. B. A. Meg nnine and J T.G. Coralt When 24 years of age he raised a com- Fla. East Coast--.... ------2,040,000.40 said lands to railroad companies out- There is nothin to recent the applid Florida State College and Univ tof pany of cavalry, was made its captain, Atlantic, Suwan- side of a six-mile limit from their Tines, reo i Pnthi to? rev swap and V rginiaS William P. B Hr o and came to Florida in 1836 to fight in nee & Gulf----...---..----.... 200,000.00 and has no authority or right to say fu1 to oeral er m It was Hay, chas. F. Plesto. the Seminole war. His first entrance, St. Cloud & Sugar what shall be done with said lands, or wise meure on the ar of Coress Co ege, W. B. Crawford, W a a therefore, into the Land of Flowers was Belt.... 6__u .9.136.00 the proceeds arising from the sale to cede these lands to the States in and LeUniversity. Bsdthes when he rode on horseback across the Tallahassee South- thereof. This theory appears to have thioc thesey la, sect the diposal the following ciars their memstp border line of the Territory sword in eastern ...--- - 200,000.00 been considered, or anticipated, by the whichthey lay, subject to the disposal the Tallahowing carry their on: A . hand to succor and rescue its sparse courts: united Stapectie v Louisiana, 127 Ure Clark, Quincy; W. Munro Mitin:h, population. When hostilities were over Total.... 914,221.96 5,607,065.38 Even a deed executed by the trustee United States vs Louisiana, 127 U ClTampark, i ;obert. MCord New n, he returned to his native State, but his Governor Broward declares that of "does not carry with it a presumption ri82;t ng S., 701 a follows: ConnDis- Ta : lliam B. Lamar, Meetlreo; destiny was, in after years, to come the twenty million acres of swamp and that the title waa in them, or that they .. application of the proceeds (of Lewis G. Thompon, Fernandina; Prit back again to find a home amonagst the overflowed lands granted to Florida in could lawfully convey the premises. swamp an overflowed lands) vested W. Buchhols, England. people for whose preservation He first 1850, only three million remain. Of -Magruder v. Perpall, 1 Fla.,602. solely in the good faith of. the State, _- eame at the head of his troop. this 914,221.96 acres has been contracted The expression irrevocably" in the and ts discretion in disposing of them Read this issue of the Tre Democrat In 1840 he went to Arkansas to live, to certain railroad companies, by cer- internal improvement act, so muchre- wasniot controlled by the condition carefully and if you are not am and within a year after locating there tificates issued b former Boards of lied upon to give color to the Jennings- mentioned in the Act as neitih a on-c u b e snd. u...e n "anbe.. sa was elected to the State Senate. From Trustees (which the present board re- Broward theory, means nothing, inso- trat a trout following the lands subscriber send u$1.00 and boo '- Arkansas he moved to Mem phis, Tenn., pudiates) thus leaving 2 085,778.04 far as it may be supposed to affect sub- was there created following the lands and help us give you a newspapuwfta and in 1845 was mayor of that city. acres with which to satisfy legislativesequent legislation: Tallahassee that will wgive pubifb to One year later, 1846, we find him again grants aggregating (after deducting 'Thepower of one Legislature is not Senate Joint Resolution No 28: all public affairs, facing towards Florida, this time, how- the certified lands) 4,692,833.42 acres- limited by the act of an antecedent one, enate Joint oluton No ever not with hostile purpose, but with a shortage of 2,607,065.88 acres. unless the act of the is of such charac- Being a joint resolution proposing an Tra-- Tri k-n his law books and his license, intent The claim of the Tallahassee South- ter as to call into operation a constitu- amendment to Article 16 o the Consti- Thup-o Trn ParmtL ". upon the peaceful pursuit of his chosen eastern railroad having been declared tional limitation upon the power of the tution of the State of Florida relating The Jacksonville Metrops is a Itood profession, and with the bright hope of forfeited by the trustees, they sold, second. The Internal Improvement Act to the drainage, reclamation and im- paper six days in the wek. It isa attaining the goal of his ambition. through Arthur T. Williams, in July, is not Organic Law. Trustees of the provement of the swamp and overflow- credit to Florida journalBm. When some pen, guided by a willing 1902, to Neil G. Wade. of Levy county' Internal Improvement Fund vs St. ed lands, the creation of a Board of The unanimous vrdiet of their enth and competent hand, shall record the 103,778.09 acres of the land which had Johns Railway Company. 16 Fla.563;Gon- Drainage Commissioners, prescribing is that the vagrants and low deeds, in peace, and war, of those who been previously reserved for said road. sales vs Sullivan, 16 P.a 791. And no its powers and duties, authorizing the dives in every town and city h have gone before us in the upbuilding The Louisville and Nashville Railroad such Constitutional limitation has ever establishment of drainage districts, a put out of business. Thea vgrw4 of this commonwealth in greater detail Company having succeeded to the land existed in Florida to be called into oper- drainage system, the building of canals, should be made to go to work al than has yet been done, much must and grant rights of the Pensacola and At- ation. To support its decision in the levees, dikes and reservoirs for pur- given no other attention. will be said of the part played by Gen. lantic Railroad Company and its claim case above named, the Supreme Court poses of drainage, irrigation and com- Harry McCreary, of the Gainesville Finley. therefore having been denied by the cited a case which Governor Blroward merce, the assessment of lands to be Sun, is one of the most sueeesaful He located in Marianna, and after trustees, and a proposition to accept in has referred to as sustaining his con- drained, reclaimed, improved and ben'- newspaper men in Florida. Besid fout years'residence was elected to the lieu of the lands a sufficient number of tention, McGhee vs Mathis, 4 Wall., fitted by means thereof,the collection of making the Sun a valuable publication State Senate. An ardent Whig, he was acres unsurveyed in the lower part of 155, where the U. S. Supreme Court necessary funds by assessmntsof ben- he is one of the leading politicians of a friend and admirer of Henry Clay. the peninsula (the Everglades) to sat- says: efits of taxation, and providing for the Florida and has often been spoken as a He had battled for the great Kentuck- isfy its grant having also been denied, "No more efficient mode of reclaim- management and maintenance thereof, candidate for Governor. ian before leaving Tennessee, in the brought suit in the United States Court ing them (swamp and overflowed lands) and for exercise of the right of emi- race between Clay and Polk in the cam- atPensacolaagainst theTrustees,enjoin- could have been devised than that of bent domain, and for the sale and uses The papers of the State are saying paign of 1844, and as he brought all of ing them from selling or conveying the constructing lines of railroad and canals of said lands for the purpose of drain- some nice things about the canddMac his party ardor with him to Florida, he lands which were subsequently (April through them, thus rendering them ac- age, reclamation and improvement of of Eugene Matthews for Speaker of was in 1852 chosen Presidential elector 29, 1903) patented to the State in the cessible to settlers, furnishing trans- said swamp and overflowed lands within the House of Representatives. Editor on the Whig ticket in the race between Everglad b, and from paying out or portation for their products, enhancing the State of Florida Matthews is thoroughly qualified for Winfield Scott and Franklin Pierce, and otherwise using the sum of $223,8A4 re- the valuation of adjacent lands and The following amendment to Article the place and no mistake will be made assisted in canvassing the vote of the ceived from Neil G. Wade for the 103,. making them available for the funda- XVI of the Constitution of the State of by conferring the honor upon him. State for Gen. Scott. This, I believe, 778 acres of Tallahassee Southeastern mental and leading purposes of the Florida be and it is hereby agreed to Juli Caesar was the last appearance, or at least the lands above referred to. Said suit is trust, which would otherwise be value- and shall be submitted to the electors li e, t i last formidable appearance, of the Whig still pending. less to it." of the State at the general election to was a man of nerve, but sickness left party in national politics. The follow- January 1, 1901, there was a balance The idea that the grant of swamp and be held on the first Tuesday after the its mark and he became aged before g year he was appointed circuit judge in the Treasury of the Board of Trus- overflowed lands to Florida by the Act first Monday in November, A. D. 1906, his time. Sickness is often caused by& of the western circuit. Gov. Edward tees of the Internal Improvement Fund of Congress of 1850 was hampered by a for ratification or rejection. torpid liver. Herbine will regulate A. Perry and Judge George G. McWhor- of 6,$127.95, During 1901 and 902 the condition which has not been perform- Section 32. The Governor, the Comp- your liver and give you health. Mrs. ter wer admitted to the Florida bar by receipts from sales of land were $303,- ed, and that, after fifty years of wise troller, the State Treasurer, the Attor- Carrie Austin, oiron, Kansas, writes: Judge Finley while he presided over 480.25, and from other sources $3 312 66. administration by some of the greatest ney- General and the Commissioner of consider Herbine the best medicine this circuit, on presentation, as I think making a total of $313,100.39. the dis. men Florida has produced, it remained Agriculture of the State of Florida, I ever herd of. I am never without I have heard them both say, of their bursements for the two yeais were for Jennings and Broward to discover and their successors in office, are here- it" Sold by all Druggists. licenses from Alabama. And those two $15,820.83, leaving a balance January 1, and insist upon the performance of the by constituted and designated as a - giants of the profession loved Judge 1903, of $297,279 56. During 1903 and condition, does not appear to have been Board of Drainage Commissioners, and scribed by the Board of Drainage Com- Finley as long as they lived. I shall de- 1904 the receipts from sales were $43,- recognized by the courts. are hereby authorized and empowered missioners from time to time, which part somewhat from chronologicalorder 236 65. and from othersources $26,582 08, "The Act of 18,50 operated as a grant to establish a system of canals, drains, amounts shall be collected by the various to recite an incident which demon- making a total, with the balance as in praesenti. to the states then in exis- levees, dykes and reservoirs of such di- tax collectors of the counties wherein states the love these two great law- above of $367,098.29. The disburse- tence, of all swamp lands in their re- mentions and depth, as, in the judge- such levies have been made as other S years retained to the last for the subject mentsfor the twoyears were $34118.64, spective jurisdictions"-Rice vs Sioux ment of said Board of Drainage Corn- taxes are collected in accordance with Lof this sketch. It was in 1886 when leaving a balance January 1, 1905, of City and St. Paul Railroad Company, missioners, is deemed advisable, to law, and pay over said amount collected 'Edward A. Perry was Governor of $332,979.65. The balance reported on 110 U. S.. 695; Michigan Land & Lum- drain and reclaim the swamp and over- to the Board of Drainage Commission- Florida and George G. McWhorter was hand January 1, 1906, was $272,27235 ber Company vs Rust, 168 U. S, 589. flowed lands within the State of Flor- ers. Said Commissioners shall have a on the Supreme bench. There was a Of this $223,824 was and is tied up in "Although the grant, by the Act of ida or such parts or portions thereof as lien superior to all other liens upon the circuit judge to be appointed in the fifth the injunction suit of the Louisville & September 28, 185), of swamp and over- is deemed best by said Board of Drwin- taxable lands in any such drainage dis- circuit. Hon. Milton H. Mabry, who Nashville Railroad Company va. Trus- flowed lands to the states, is declared age Commissioners from time to time, trict, to be enforced by tax levy, for was then Lieutenant Governor, was tees of the Internal Improvement Fund to have been made for the exclusive and to provide for the irrigation of the the cost of any work done under the presiding over the Senate then in ses- in the Federal court at Pensacola leav- purpose of enabling such states, with I lands reclaimed and to maintain such provisions hereof, or done, prior to the sion, and the writerwas Speaker of the ing available $48,.448.35. Up to March the proceeds tliereof, to reclaim the drains, canals, levees, dikes and reser- adoption of this amendment under the House of Representatives. 31, 1906, the Trustees (as drainage corn- lands by means of levees and voirs in such manner as will be most ad- provisions of an act of the Legislature We were each pressing upon the Gov- missioners) had spent in drainage oper draihs, they may exercise t/hir dis- vantageous to the territory so drained, passed in 1906. ernor the names of friends we wanted nations $64,236.46. Some lands have creation in this behalf without af- the State of Florida. its inhabitants and| Section 34. That the Board of Drain- appointed, Gov. Mabry urging the name been sold since January 1, 1906, and flecting the titles of the lands; and the commerce thereof,. age Commissioners be and it is author- of one friend, and I the name of anoth- some money spent for drainage, but the Conmgress alone has power, in a clear Section 33. That the Board of D)rain- ized to exercise the right of eminent er. The contest, though friendly, was amounts have not yet been reported. case of violation of the trust, to enforce age Commissioners are hereby author- domain in the condemnation of land for warm and active, and letters and tele- On the 21st of November, 1904, the the conditions of the grant, by revoca- ized and empowered to establish drain- the location of its canals, drains, levees grams of endorsement of our iespec- Trustees of the Internal Improvement tion or otherwise."-American Emi- age districts and fix the boundaries dikes and reservoirs for the purposes tive candidates were being hurried to Fund denied applications of the several grant Company vs Adams County, 100 thereof in the State of Flor'ia. That aforesaid, and many enter upon, take the Governor as rapidly as we could railroad companies for deeds to the lands U. S., 61. the Hoard of D)rainage ('onrmnisio.'rs and Use such land as it may pending them. One day I received a summons claimed by them under legislative grants "This Swamp Land Act of Septem- be bnd it is authorized and empiioweird (condemnation proceedings deem necee- to the Executive office, to which I re- (aggregating 4,132,969.78 acres) and her 28, 185u, /,prtcd a present grenut t.o ireparc a list or lists of al the all- sary for such purposes, and in ascer- sponded with alacrity, for I fully ex- adopted resolutions declaring that they to the states, andI the ti'.le to th'. lands vial or swamp and over'fiowed t;iaxubale taking the compensation to be paid for pected to learn that my particular "**all assert their rights and defend the passed to the states at .nce their iden- lands within such drainiag district or such land or right-of-way, benefits to friend had been sele cted. Uion arrival title to the lands granted and irrevoc- tatication to be made by the Secretary districts. and l.vy th.r,'n an amrea'e .e dlerived from such drainage shall be ____~_ __