eeg:cber 3, 19-$"


Messrs. D. J. Mahoney and
Tom Iagan
:;l--;i Daily !Jers
Miavi, Florida

Wentlemean:

Tn Iccordance with my telephone conversation o. toray, I am
attaching to this l.-tt-r a resu of th-' tvo acts which was
prepared by I.. Sinoli'=.

You will note ,the Virstt .-t is a .t:"-.'al .,.ct, empowering our
County Comnilssioners to L.:'- all thin-.-: nr-ceo ar- in Dade County
to creast.- con-er'-va.tion r're...=, erect "i:c etc. In short,
thi:- act rives t',.e Coun ti Cn,, L ..-..: u. in I'uinited -ov:ers
throu;'v1out to': county in -ofer-Lnc to :tt-r control.

The .-: -'. 1i2". :'ct, -'i is to ';: rotL ; -.on, is tiMh t is kn-oiwn
a; a 1o-:.i b.ill. It gives powers to create conservation areas
in the six northwest to.:nships of D!.de County, the are involved
bain- ar:pnIoxinately twenty-W riiles merns hired east and west,
an; u .,out.r:.-cn Cm:ils l :iaSUre' north .-n soutj, or three hundred
UscU;4oi. iL&S .I

Th--re can' be no (1uetion but *-.'i.t Ith powers given the County
Comiissioners by the genermrl -ct more than cover the power
given the drain.ice district by ,tih. proposed local bill. There-
fore, the question to be decide&. is SHALL THE COUNTL
COE:ICITONERSW OP "ADE CrJ.ITY CInTrOhL OURT '..AT~f PROBLEMS 0TP
iLALL T!IE BTOARD OF COI.IS IONT"S OF TIHE EVERGLADES DRAINAGE
DISTR ICT (the Covernor' Cabinet and five men appointed by
the Governor) ALSO HAVE CONTROL?

In my opinion this local bill has the effect of ?ivring the
state substantially the powers denied them when the Governor
proposed an all-over water control bill which was defeated.
If the local act is validated by the voters, the Drainnge
District can and presumably will handle water conservation in
Dade County. If the voters reject the act the County
Commissioners will have charge of -water conservation.












iessrs. D, J, %ahoney and
Tom Hiagan
12/3/47
-2-


It is argued that the act is necessary because somebody mast
b n:-e crn'rol of the rater conservation picture, This may be
true in P l. Bpach ant' Proward counties where they have no
g-elcral Mct3., but it is difficult to see why our County
Cora:.:i.sionrrs cannot exercise water control as well as the
Everglaa.'es Drainage District which has no record of achievement
during the lest twenty years. As a matter of fact, the
Ever:ilnae Prainage District historically is a liquidating
organization .lic:..t.datin, the !oripinl bond issues from taxrs
collected by the 'i:trict. If the .pecial. net was passedC the
district mipht be rut bc.ckl into a-rtive buwinez ass as a vater
control organization whilr:l iii. oiLbr & 'iiit.. not be to the interest
of Dade County.

There are other r effectss in th 'ropo.se ic.cal. bill. caLe mainL
r.efect is that the bill propo-seis thot the .raxinae district
establish a conservation area prior to the time th.iat we have
had government engineers reports aa to hat plan, if any, the
governmTent will bac_ : ith money. It ait.rh easily be that the
ultimate survey will establish a conservation area in the north-
west corner of Dade County, but aS the other hand it could well
be that the government enrirljeers w.oultd determine to establish
it olse.r'ere.

Th3 normral roaedur:-.- ier tlhe government is involved, is for
the government to authorize federal aid for a project such as
this, anFd or the governmental dcp-t.'ment to undertake extensive
surveys and make recom-:Eendl.ations for apprropriations. They
also recommend legislation by t-he state to facilitate the work
that the government is dillinic to undertake. Normally, thi3
is vwry specific general legislation authorizing either the
state or the several counti-es to do whatever th.e government
requires to be done.

In this instance, it would app-ear that somebody .:2.. conceived
the idea that the ultimate nlan of the government should be
anticipated to the extent of creating a conservation a*re. n
this particular spot and to empower a drainage district to
undertake the Job ahead of any official government plans or
commitments.


_Ilk





'-4t


Messrs. D.J. iahoney and
Tom 'agan
12/3/47
'-3-


It coes not appear that anything co be gied b ga d y such a
move an. tl:t it would d involve expenditures of smns of money,
,. +.. .-'c-in., ',:-pn o these labnd.s to be traded in 'by the!
drs-..' .~ c:-.. ".ut- r : ..enor. in: to their ovn( decisions. There
is ,l..-i ti.h: :.'t' ibib.ity of -?rainage commissioners imposing
tax: to carry out their nalns of' -'r-inage.

It .iUl be noted t'.-:-.- lo-;r. .ls -i-;iat.inn r-os er:po.cr the
dra12. .e coL:..izso-. :'s t to 't -n : :' t '" the
drainage ,.-ist ict, ..-. to iti '-r nil, 'as
and rMuinor:_ rir.-t., .i -':- + 't sTe t'-a ..n at th sa.me
tim i L'Cs t,:a' tax- ri-. It will .)7r.-. be h e: that tc
act permits .-:p.nJ.-t ur.:r '"T t'- ,1'-+. .;iCt fon:r torneys fees
ftor t.D: ;c.t c -.' j c- upc .- q .j' a :.r. PTre:u- :bly',
-.' ;. O r- t. "3.--'ci- 't: i "n *." .. .;* and P..-1m 3_ rach cO'-,unt2es
lhae frlu 2O tIJ71i7:i"n. ".. trically, -_ndlitu-es of that
typ are' ; -.3-a o i o t) the limit -.: i.t + m:_.r ''. e ?reTr,,-1 that the
th:ee act.; -ul ...I:- :..t.l. -''"?7,O a year ex-a m..e
on the p'rt orf t:, taxpayers for attorneys fc-s to ,ov:-r the
operations of the district, tctlth.;' -i.th-: whatever other costs
which -miht be incur-r..cd.

In conciu-ion, it '.ul. seem to me t't t the rresen-t .enerAl
la-: pertsittin,, l-.e U.ontv Comri:;.:i,.onerivs. of D.de County to create
conservation awc-a L- .,far better tn'- the proposed local act,
aXil rives us the t.v*i,:.7-i-t"- of -bUm: -u .l over a very important
problem.

Your- e -


ETT C ATE
CCC/mlb


enl .


II:I _^ I _











MiLORANDUM TO MR. MAHONXEY:


Re: Drainage Bill, Chapter ?4465 (No. 851) being
Senate Bill No, 972, Special Act, 1947, and
Chapter 229S5 (No. 421) being Senate Bill
No. 777. General Act of 1945.


The firet bill ebove mentioned is hereinafter referred to as

the Epecial Act and the second above mentioned bill is hereinafter

referred to as the General Act.

The General Act passed in 1945 is a population act applying

to counties having a population of more than 260,000 according to

the last Federal Census which, of course, applies to Dade County.

This Act provides that the Board of County Commissioners eae

empowered to establish water conservation districts within the

county. Under authority of this Act, the County Commissioners

may, by resolution adopted at a special meeting or meetings held

for sueh purpose, establish water conservation districts. Such

water conservation district or districts may embrace all or any

part of the county, and the Board of County Commissioners would

act as the Board of Commissioners of such water conservation

district or districts.

Such a district, under the Act, would have the power to

establish, install and put into operation, water conservation

plans, measures and facilities as may be necessary and appropriate

for the preservation, conservation and use of water resources of

the area served by the water conservation district. The entire

county, of course, could be a water conservation district.

The district would have the power to acquire, own and hold

by gift, purchase or condemnation, any lands necessary for the

establishment of a water conservation area or areas within the

district or districts, and would have the power to install ditches,

canals, dams, locks, pmp stations and other facilities and

generally all power necessary to establish and install and operate

water conservation plans and measures that might be adopted by such

district or districts. If lands were to be condemned for the

purpose of any such district, they would be acquired under the


December 3, 1947










general condemnation law.

The Board of Commissioners would have authority to determine

and establish water levels to be maintained in all fresh water

streams, canals, lakes and reservoirs within such district or

districts by use of dams, dykes, looks, flood gates and other

necessary fac iities

The Board would also have the power and authority to cooperate

,with similar boards in adjoining counties and with all Federal,

State and local government authorities and agencies including

drainage and improvement districts with respect to the planning,

installation and operation of water control and supply projects.

The Board of Commissioners also would have the power to levy

a general county wide annual tax not to exceed two mills on the

dollar of taxable property for the purposes of the district.

The Board of Commissioners would also have authority to make

rules and regulations and orders and declare policies with respect

to such projects and programs for water conservation and supply.

The Act also provides that the Trustees of the Internal

Improvement Fund of the State of Florida could convey to such

district or districts any unimproved land owned by the Trustees

of the Internal Improvement Fund lying within such district or

districts which were originally acquired by the State from the

United States under "The Swamped and Overflowed Lands Act" upon

payment by such district or districts of P5%$ of appraised value

of such land to the State school fund. The Act also provides

that Boards of Commissioners or other governing bodies of various

counties and drainage districts are empowered to convey without

cost to such district or districts, any unimproved lands owned by

them within such water conservation district or districts.

The Special Act of 1947 provides that any drainage district

which shall be the owner of lands in Dade County, Florida, shall

have the power and authority to create a conservation area and

water and soil conservation within Dade County and within the

boundaries described as bounded on the East by Range line 58-59;

on the North by the Dade-Broward County Line; on the West by the


-en











Boundary of the Organic Soils, being generally about two miles

East of the Dade-Collier County line; and on the South by the

Taaiami Trail in Dade County, Florida. This, of course, means

that any drainage district which shall be the owner of land any

.here withinn Dade County may establish,, within the above

described boundaries, a water conservation area.

The Atct further provides that such a district or the owner of

a3w land may dedicate to public use for conservation purposes any

land owned by them within the conservation area so created.

The Act does not require that the district or any public body

or agency creating such a conservation area to own the land within

the conservation area in fee simple, but specifically provides

that any district or land owner making dedication of lands for

conservation purposes within a conservation area could reserve

oil, gas and mineral rights and further, if such a conservation

area should be discontinued to be used for conservation purposes,

that lands so dedicate,. shall revert to the former owner.

The Act also grants to any such drainage district so acting

under the authority granted by the Act to make such conditions

and provisions with respect to' the control of such a conservation

area as the district hell deem advisable. Any such district so

using the authority provided in the Act would also have the

following powers:

a) To cooperate with the Trustees of the Internal
Improvement Fund, the State Board of Education,
Dade County and any other public bodies holding
any interest in the land within the conservation
area in constituting, dedicating and creating
conservation areas.

b) To exchange lands located outside of the conser-
vation area for lands privately owned within the
conservation rea fixing the terms and conditions
of exchange, including the power to pay whatever
sums of money the district may deem necessary to
equalize values of exchange property. Such a
district could also make similar exchange of
property with the Trustees of the Internal
Improvement Fund, the State Board of Education
or any other State or public agency or Dade
CountyN but in the easer of -these last mentioned
exchaaBngS--approgalo-t-o-thSe-- reui -ourt- .ant-,La-
ee required. This, however), is not true with
raspee-t-o-e-2ehanges of land IBtween sneh a
distrie-t and -vate- ownerS, C


t,r l/Bs pLV& ,Li o'vrl-c^te~4tASjiA. tci tt~d
^ ]^^ 7^V^ P^^-.'at^
te^^v.-w'At^ ^v











c) To employ attorneys for the purpose of creating
and establishing and maintaining such a
conservation area and to pay for services not
to exceed $10,000 per annam.

d) To do all other things found necessary,
expedient or desirable, to accplish the
complete creation and establishment of such
conservation area. (This general grent of
power could no doubt be used to couple with
the other powers now vested by law in what-
ever drainage district might employ this act
to perhaps levy assessments and do other
things not apparent on the face of this Act.
The full extent of the powers that could be
exercised under this Act cannot be known
unless it is first known what drainage
district would be used to carry out this
Act..

The Act also provides that where land has been dedicated for

the purpose of water and soil conservation in any such conservation

area that said land shall be exempt from taxes and assessments of

such district so long as the dedication of lands to such purposes

remains in effect, and also for the cancellation of taxes and

assessments against land so dedicated where no certificates have

been issued and for the cancellation of certificates against such

land so dedicated where certificates have been issued and still

held by such district. The Act also gives the power to such a

district to redeem land so dedicated from taxes of any other

taxing agency,

There is some doubt if the powers provided in the Special Act

of 1947 could be employed by a district to be created by the Dade

County Commissioners under authority of the General Act for the

reason that the General Act empowers the County Commissioners to

establish water conservation districts whereas the Special Act of

1947 provides that any drainage district may establish a conserva-

tion area for water and soil conservation. There is a possibility

that such a question could be raised and that upon the question

beiag raised it might be determined that a regularly constitxt *

drainage district rather than a water conservation district

created by the County Commissioners under the authority of the

1945 General Act would be required in order to exercise the powers

provided in the Special Act.


I















It appears that under the General Act of 1945, the County

Commissioners could create a water conservation district which

would have all of the po-ere necessary for creating and operating

a v.ater conservation area that are otherwise provided in the

Special Act of 194V -4th the exception that under the 1947 Special

?.ct, the district which might operate thereunder would have the

additional power to exchange land and to obtain the exemption and

cancellation of t.:.xes anrc tax certificates and to receive the

dedication of land rather than ownership of land which also would

carry the ri.;ht in the owners making, dedication to reserve oil

and mineral rights and the right of reversion.


:C~;f~t~p~ilC~s~!Y~h..~~f~El-i


- 5-


-~Wra~dn*ra~l~c;F~~l~i~9~,- ~).ij~ij~jf~;.: ~::;*~;P-f~i~j~u~l*(l~y~r:u~i~ ~f~~iT~i~,:


i ml m i .. i '


i


~'":pL~!"~`r~yq~F~F~'*~~-r~l
1













ROBERT A. HENDERSON,JR.
JAMES A.FRANKLIN
FINIS E.STARNES
PARKER HOLT


HENDERSON, FHANKEIN, STARNES & HOLT
STORES D COUNSELORS AT L&W

FORT MYERS, FLORIDA


January 2, 1948











Mr. Ernest Gresham

Hialeah, Florida

Dear Ernest:

I have your letter of the 30th with enclosures,

and appreciate the same. I believe this will be

sufficient for our purposes.

Sincerely,


JaJes A. Franklin

JAF:onf


A1


_I _L_ __ _~










HENDERSON. FRANKLIN, STARNES & HOLT
ATTORNEYS AND COUNSELLORS AT LAW
COLLIER BUILDING
FORT MYERS, FLORIDA

ROBERT A. HENDERSON, JR. Jnu. ry 22," 1941
JAMES A. FRANKLIN
FINIS E. STARNES
PARKER HOLT













.i; Jo'in -"'11tcon
-'irst- ;*:.. ion 1 "! .n. "''.l.'

7 T lor .:

.. J- in:
,I .m :

._.i..., c.'ct let, I rece.T ni: i. u : ..- ....>
.o- U : Luc i. to ;-r-. ;: tih tx: 1 tion
s a rese.l- of se': co.;. v t .ion ar.e in
.:" .r.<'o a d I: ..e:" : :. i :.. 1 :
s-t ," such i'Coorta h-.. or .. one L-':. .,

I will ,1 ct . -ach on
i.0. _1 n.._. 0.:.- :-r 17* an<, --.11 *.o "' .t;. you L :. tP-,,,
C O" d? >' , *

'- >,o 1 : -


Ir-..owl;,-





J." :onf

'Lc lo .2 K? S


CC: Honorable Ernest ,raham
Hialeah,Florida


_ __~CI_ ~_~ __ ~~~~_~~~ I__~__~_ ~~__~~_~_~__ ~~~__~_________~_~__~_~ ~_~~~~~_I__~~


1










POTENTIAL TOTAL YIELD FROM TAXES
IN CONSERVATION AREAS


ACREAGE BY ZONES
Area Zone 4 Zone 5 Zone 6


Palm Beach

Broward

Dade-Droward


6,326


640


Total
Zone 7 Acreage


110,175 116,501

93,775 93,775

67,158 291,414 359,212


TOTAL -


' 5697488


Potential
Total
Yield


$16,078.30

9,377.50

.15,650.22
$41,106.02


TAX EXEMPT SCHOOL LANDS


Area


Palm Beach

Broward

Dade-Broward


ACREAGE BY ZONES
Zone 4 Zone 5 Zone 6


Total
Zone 7 Acreage


3,200

2,204


S5,540
TOTAL -


SUMMARY

Potential yield taxes all areas
Less School Exempt
Net potential yield


3,200

2,204

5.540


Total
Exempt


$320.00

220.40

166,20


10,944 $706.60




$41,106.02
706.60
$40,399.42


Note This amount is 7.4% of the net average annual

debt service tax collection or 6.6% of the

total assessment for debt service.


- . :;il


--


-.'y-,. .








ANALYSIS TAXES CURRENTtLY PAID
IJ- N CTUJSErVAI'O ARE-AS


ACREAGE BY ZONES

PRIVATE OWNERSHIP


T ,I.TF.0wnership


Zone 4 Zone 5 Zone 6 Zone 7 Zone b Zone -7


Palm Beach 3,748

Broward

Dade-Broward


640


38,744

8,283

26,823 61,922


34,555 $10,328.30

40,645 4,892.80

5,651 184,557 10,833577


SUMMARY

Currently paid by private ownership
.Trust Into ,mprov,Fund


Total -


$12,433.06

13,621.81
$26,054,87


Note This amount is 4.8% of the net average annual

debt ,service tax collection or 4,3% of the total

assessment for debt service.


AREA -


Total
Taxes
Paid











PROJECTION TAX STRUCTURE & DEBT RETIREMENT


Net Coils.
Current
* Tax


1944 474,727.05
1945 492,610.21
1946 503,692,69
1,471,029.93

Average
Interest on Sinking Fund


Payment to Everglades Exp. Station
(Act F.S.A. Sec. 241.33)
Net available for Debt retirement


Delinquent
Taxes
Coll.

45,217.02
53;836.22
38,331.64


137,384.88


Totals


519,944.05
546,446.43
.542.024.33


1,608,414.81

536,138.27
12,500.00
548,638.27


5,000.00
* 543,638.27


Fiscal year
Beginning
Nov. 1st


Balance
Cash


Av.available
for Debt
Retirement


Total


Interest Normal Bond Callable Prem.on Bal.End
Paid Maturity. Bonds Call of Year
Bonds


1,056,429.54

1,403,204.06

1,742,978.58

1,257,939.35

1,620,593.87

1,981,904.64

2,337,152.91

2,172,513.75


543,638.27

543,638.27

543,638.27

543,638.27

543,638.27

543,638.27

29,438.34


1,600,067.81

1,946,842.33

2,286,616.85

1,801,577.62

2,164,232,14

2,525,542.91

2,366,591.25

2,172,513.75


(4/48)
(10/48)
(4/49)
(10/49)
(4/50)
(10/50)
(4/51)
(10/51)
(4/52)
(10/52)
(4/53)
(10/53)
(4/54)
(10/54)
(4/55)


61,635.00
60,228.75
60,228.75
58,635.00
58,635.00
43,882.50
43,882.50
42,101.25
42,10o.25
40,226.25
40,226,25
38,163.75
38,163,75
35, 91376
35,913.75


752000

85,000

90,000

95,000

100,000

110,0.00

120,000

119,000


804,000


1,940,000


1,403,204.06

1,742,978.58
32,160
1,257,939.35

1,620,593.87

1,981,904.64

2,337,152.91

2,172,513.75
77,600


* Excludes Fees to Tax Assessors and Tax Collectors


1947

1948

1949

1950

1951

1952

1953

1954


-~--


-----L-------


.... I


I


~---~-


1 e -.....~.,.











ANALYSIS OF EFFECT
OF
CREATION OF CONSERVATION AREAS
ON
TAX STRJCTI-E BY COUNTIES


Assessed
Acreage
Tax


County


Total
Tax


Annual in-
crease possi-
ble based on
actual col-
lection


Annual in-
crease possi-
ble based on
net potential
collection


Broward

Collier

Dade

Glades

Hendry

Highlands

Martin

Monroe

Okeechobee

Palm Beach

St. Lucie

TOTALS


S93,657o71

4,223,68

81,917948

23,981,35

25,654.55

3,572,44

12,683.86

3,430.52

2,989.79

356,744.59

2,059.84


15~3

0.7

13o4

4.0

4.2

0.6

2.0

0.6

0.5

58.4

0.3


100.0


$ 3,986.40

182.38

3,491.35

1,042.20

1,094.31

156.33

521,10

156.33

130.27

15,216.04

78,16


$26,054.87


$ 6,181.11

282.79

5,413.52

1,615.98

1,696.77

242.40

807.99

242.40

202.00

23,593.26

121.20


$40,399.42


Note Broward, Dade and Palm Beach Counties, that by

referendum adopted the areas within their boundaries, pay 87.1%

of the assessed acreage tax which would amount to a pro rata

share of any extended annual debt service payment to the extent

of $22,693.79 of the current actual collection or $35,187.89 of

the total potential collection.

The other 8 counties of the District, paying 12.9% of the

total assessed acreage tax, would pay $3,361.08 or $5,211.53 of

the respective totals on the same basis.


$610,915.81


--











ANALYSIS TAXES CURRENTLY PAID
IN OuN SEVAT=N AREASRA


ACREAGE BY ZONES

PRIVATE OWNERSHIP


T.I.I.F.Ownership


Zone 4 Zone .5 Zone 6 Zone 7 zone b Zone 7


Palm Beach 3,748

Broward

Dade-Broward


640


38,744

8,283

26,823 61,922


34,555

40,645

5,651 184',557


$10,328.30

4,892.80

10,833.77
$26,054.87


SUMMARY

Currently paid by private ownership
Trust Int,Improv,Fund


Total -


$12,433406

13,621i81
$26,054.87


Note This amount is 4.8% of the net average annual

debt service tax collection or 43% of the total

assessment for debt service,


AREA -


Total
Taxes
Paid


-









THE COLLIER CORPORATION
EVERGLADES, COLLIER COUNTY, FLORIDA




4 February 1948



Senator Ernest R. Graham
Graham's Dairy, Inc.,
Hialeah, Florida

Dear Senator Graham:

I am enclosing for your review a copy of letter
from Henderson, Franklin, Starnes & Holt that brings
us up to date on the Everglades Drainage District
litigation being handled by them.

In this connection, Mr. Manley Caldwell has asked
John Allison for a meeting with Mr. Lykes, you and
me in Tampa on Thursday, February 12th. It is Mr.
Caldwell's belief that we can iron out out differ-
ences. Mr. Lykes may have been in touch with you
about this meeting but, in any event, I plan to
attend and hope you can do so, also.

I am not a bit optimistic that anything can be worked
out with Mr. Caldwell and I am not sure that I would
put much faith in anything concurred at such a meeting
with any of the present members of the Everglades Drain-
age District Board.

With kind personal regards, I am


Sincerely yours,

COLLIER CORPORATION



SCC:eh Sam C. Collier, Vice President

CC: Mr. D.Graham Copeland
Mr. John Ldkcas









HENDERSON, FRANKLIN. STARNES & HOLT
ATTORNEYS AND COUNSELLORS AT LAW
COLLIER BUILDING
FORT MYERS, FLORIDA
ROBERT A. HENDERSON, JR.
JAMES A. FRANKLIN January 29s 1l.94.
FINIS E. STARNES
PARKER HOLT



;..;-. S.a. C, Colli.r
T..e Collier Copo:.- tion
-v. -,irla~ e rlorida

Dear -A-.r. Collier:

Your lc-te.r of J :_u :T'- ;' is recei-. Ced, i.:o
status of the 17vcrslacdes Drai-?- .r f District liti-;at~.on is
as follows, to-:it:"

1. r CL-" TY JT~ .T' ".

The ris trct flled ..it attempting. to otnii;'
a decree permittin. tle District to t- ns.cr 'L:.
sum of 1:;5,000.0 fro..i. c.;t Servic L to Op.. eating
SUM f03 1- .rv.ic,.-_, to O-,.-ating
or :intei..nce cc. Iunt. Th i:. suit is =-.:- ,-r for
tri.l.:1 and is now -f.t for he in;; in Palm -.'ach
on Febru'a .r 1.. hope you can be in Plm
each at that time

2. W ,i. C .. V, T-, ..

We filed suit in the CLirc.it C;:,..- in. Palm Beach
Co.inty to enjcin conr-...:-.r.ce by the 0o;-d of
1)-ppro::2i-'t -c hlf a ;:il:on .'c.s of land to the
United. Sta ts f"G: purprosc.s of C-e.tL: pI) a water
conservat-lo.- ar.a, C. set down our "oc.o; for
te"-morcr 7 injunction, and when w went to ?al.:
Beach to aruc. t;i-: Lotion, attorneys for the urLd
stal,.c to '., Court that at least siL- .1-,nths
would be rc... _id ;to -; ca. e t:i- nco-es :.- deeds,
and other Instr-. L.nts to activate ti.. c .,..s.rvation
r-ca; that no ", rt r. work been st,-ted
t. the 7ist. "-i-e ould' -ve at least fifteen cs
notice to us before -.-- effort wks made to : ahe-
with this water conservation area. 'i such
rcp;' scnt .tioni ;:.. Court entered an Order in U .e
suit rei.ilirin.m Co'un.:-.l t. ive fLfteCj. C :,;s notice
to us e fore < c c. ion of .--: papers in o-'. c th t
we may "."ply to the Court for a t: .por-ry
restrP:1in, or cer before -- fur.t action is
t -en".








Mr. Sam Collier Page 2 January 29, 1948
Re: Everglades Drainage District Litigntion

Particularly in view of the efforts no. being
mrde to get the Federal Government to take over
this entire matter of water conservation, we
doubt whether any effort will be made by the
District to proceed with the conveyance of this
land to the Federal Government until there is same
determination as to wh. t work will be done by the
Federal Government. This prob..bly will not be
before the end of the present yc:..r, and should
delay this matter until the convening of the
Legislature.

3. TJATWP CONSERVATION .: .AS IN ERO:.RD,
DADE AND P,"LM EEACHi CCUIITIES.

By local Bills subject to referendum, Drainage
Districts in Broward, Dade and Palm Beach Counties
were authorized to deed lands for water conserva-
tion purposes. Elections have been held an.' these
Acts approvedd by the voters of thie several Counties.
Pursuant to the suggestion which I made at the
Tampa conference, we appe:.red before the Cor missioners
of the District at their January meeting in West
Palm Beach, and st ted th-.t we proposed to file suits
to contest the validity of th&e v rious local Acts;
that in view of the efforts being made for the
Federal Government to take over water conservation,
we hive no desire to embarrass the District by
instituting litigation at this time, and would
postpone any such liti tlion provided the Distrct
would give us at least thirty days notice prior to
taking any action towards activating these Districts.
There was c nsiderable discussion before the Bo: d,
some of the members taking the position tha'. if
there was to Lc litigation, we should get started
on it, and get it disposed of, but the.: oard finally
voted to take no action until after we were duly
notified. Again we think this whole matter will
be held up pending determination of theU program of
the Federal Government.

Yours truly,


J. A. Franklin


J IF: onf













ROBERT A. HEND EPSON,JR.
JAMES A.FRANKLIN
FINIS E.STARNES
PARKER HOLT


HENDEBRSON, FRANKTLN, STAR.NES & HOLT
ATTORNEYS A2-D COUNSELORS AT IAW

FORT MYERS, FI1O9IDA

June 1, 1948


The Honorable Ernest R. Graham
Okeechobee Road
Hialeah, Florida

Re: Lykes Brothers, Inc., et als. vs. Board of
Commissioners of Everglades Drainage District

Dear Ernest:

I enclose copy of Answer filed by the
Board of Commissioners of Everglades Drainage District in
our suit attacking validity of the conservation areas.

Please note the allegations of this
Answer particularly dealing with your activities. As
you can see, this is going to be some heavy litigation,
and will be glad to have your views on the various things
set out.

With best regards, I am,

Sincerely,


J bs A. Franklin

JAF: onf


Enclosure


I ) II I.--..XIIII;InlVI~-~i ... --. -I-CL~-I I-I














TI: .- C--, '1 C --..TT OF 'i... Fr21T..:T JUIrICIA
CII.':UI O; LO IDA, I: .'.. 70ro: P LI7 ?; . C C o, TFlTY,

III C !.". C..TY

LYt-',,. LT-.'. i:cOL 0 PO: 1..'I )
et cal, )


PI: I.ntlffsf


vC.. ) HO. 24570
)
O-A O ;' .';:'il: I IO 7- riS OF

a public quas -corpor.- ion,

Doc-' end ant


.o:, ;.. o,' : .0 : t) .i .' B rCII ,-.'.. l. ....
0} +"-.' L,: 'J :. \, r.';".I ,-1 I;.T .ICT

Co:.cs no: tlhe -7'.ce ndc!nt ''oard. or Co-:-u.soi loners


o0 .' vorgl does Traina,;o District, t .-y its

an' foo. n,'r i to the bill o.' comnplr-nt


., The do :..*:d':nt ad.tits

para-rapinh I1 Of 1 -,. bill.

-. The .c .E'f. n -its

P:'agr. ph IT, of b.,ill.

3. he defendant adtits

P- a,.r: ph III o; th2- ,bill.

4., The -e .d-hint .'i.ts

f aagra,'p"- IV 7 of th- bill,

5. The O. e.i' .r'.nt r."iit.

P"ar' '-r'.h V, .of Ah- Lill.

G, The defendant admits

timn it Las rcq i' d tV1L title to rarge


umi;'crsigned at tor neys,

as a;endeed e he; in,


the nlle':ations 'of



Xue all.,; .:ons of



th.. ,ll,]p'.ons of


L-C 1ri ..t.ons of





the allc.g'tioJn: of



th'- f r-on ime to

tracts o.L land


l:;in; wi ~l.hin this Lis'rict, inclu. din.: limans lyin- and being

in Palm -"e.-ch, a nde n_.' Erowa.rd Cot.ni:lcs, i.Lu.t denies thrt it

now' holds title rc ciid Ica-C.s 'fo- t ile uL-C' and bonofit cf1 the


I
i
:Yi
''''; ':
.I: .,-..
i
S.I "' ' -'


..verst


V?-f>
11 "












Debt Service Fund of the Distr.et, end "cn:es that it is

prohibited by any l';w from convcyin or other -ise disposing

of any lI-nds to vhulch it mar.y :hve ?cqired title, and

denies .i_.t when sales are mrjde it is required to plnce all

of thi- proceeds thor:eof in the Debt Lbervice lund of this

District.

7, The defendant admits the o.llcg- tons of

Paragraph VII, of thi bill rospoctcin;. thel pas-.a;e of the

1947 .cts therein describ-ed, ..,ut denies that the provisions

of said ActsE ,r:. identical, except as to the county afi'ected

arn denie'.s Uhr.Jt t'ic provisions for a refercndu _m as alle2.ed

in said Para rT ph of i .. .ill are con.u:taincrd in :.-,ction 14

of the .vazl.oe' Acts. The doendant ad:.lit~1 however, that

rof-rendua provisions as .llgod in s.-16 pnra'r'.ph, a e con-

toined in och o..' :.id Acts, ad.' t -tat in e.ch of said

counties an eic.ction '. :ne '--lld ..n:. holC in which each of

.sax IActs vr :.p-povf o: y thr;. .o ; ajoritor the : alified

elector.r in eac., of thel. -:';.or'l couni'-,, o aftccted. The

deferndnt furt. r alleges t t t ~e Act relating. to Pil:.

.Soach County wr.s a npro.ocd a:-; ratified by a vot'b of 2,0-'i

for ratific-.-ton and 72 --.lns rrific .,i on; tht thel Act

reltinfI to Browen--d County /wa.s ap.-.oved and r bif led by a

vote o:' 1,257 for rL'tlficalon "nC 205 a,&l.nat rc..lc.ic tion;

that th.. '"t :olatin, to D de Coanty u.r: r'L[difed by a vote

of 1C,902 .or ratifica -ion and 535 ai.,incs ratific.: i.on,

3, Thic defendant a:. -ts the lle:;ati; ns of

"-.roprl, h VIII. of the bill, and. furi'tho- ll. 30s thi t said

.'cts contain oter provIslons vuth ro ct to the creation

an:' 1 plionentlnr. o."' coins rv,'ition areas, as appears .'ro:u the

tenTls of s i"' Acts, copies of v;:-Ich nare attack :-d ': t;ho bill

cnd ranae a par;t thereof,


-2-












0.3 Thl ...efnd.ant Lr lthout knowledge ,c n

to who her plaintiffs, :,--c the owners c holer-s of certain

of th~ outstand.-in; ,..eonds of thi's Di strict, and demands

strict proof as to the extent .0o such o n: ship an' the time

f cqu on f oq t o u.ch. O-onds. Dcfondant furth r vcrs that

if anyr of pl.nintlffs are the owni-rs o a'ny0. of the, bonds of

this District, '.hey acquired the s.eo aitci th. passage, ; of'

the Acts described in the bill, :-4iith full knowledLe of the

p.-ovislons o such ct, and thra th..ir acqLi..ition of such

bonds ra's not bona I'id, but t'%t 0. :iC.cui-d SucOh onds

for tIhe sole iulrpnose of the futrthle- '.-a.raszm.nt-. t of this

defendclant In pusuance of the :;l,-.n of opposition to this

defiends.nt, hereinafter alleged,

10, -iho defendcant is .'itholu. l:nowld -e as

to the detailss of o-:ncrship o- l:and-s by the respective

:lr.intlifs as allc;Qod f'ln Pir.'C;r..ah I of the bill, anr. as

to the ex.ct amount of ta:ec ':'ri by t- plaintiffs, And

demands strict pnoo. t.her' .of. he def1-ndnt i':. 'ther avers

th- t payments of debt s:-vice te;-s. .,-; co: plaintiffs ..vo

been minute in proportion to the to:.r,! o. debt service taxes

;'cid to ~hc defonda It.

11. 'he defeId.-nt ad;.lt- the. ll-e' tions of

Pa, a,_raph XI of the bill, and in a-ddition -11. ;E th t after

the report of thu ..cnaLe jrain:;L; o 'o..nitee on .enatc; EPill

211, s-:i:l bill was witi.hdrawn by .:.c introducers ;ithrceof from;

cornslerti on by t Lc.ato, at the request of ti-Ls

defo nd ant,

1. IThe dcf ennt nvercs tha : the sai-vunts of

acr--a. o in t"-..: Pro'osEJ. consorrvato arc s, s.ai 'l n' ue-o

of the titles t:h-or to, arc, a.. follovis, n .--ot as set fo-'th

in .2-::agr '.;h XII of the bill:


-3-












(a) PLL.:B '.CU CO?7I.?Y AP.LA:

The said proposed c.o-is .urv- tlon

_roa in PiaL- Eeach County contains approxima'Lely 104,866

acres; th t of tlhis acrese the districtt has title to

2,890 acres rnd has title jointly with the Trustees of the

Internal I'.pr:ovcment .und: to ~3,430 acres. In sid a:a

the Trusteed of the Internal I:.-provc-nent Pund- own

approxi-nately 34,552 acres, rn; the :.tete B Toad of

-ductlion nppro:ima ely 3,200 acres, Palm cich Count:,-

owns 3,220 acres, anc thi- Llistrict has the surface ri-.-hts

by aGreement as to 1G,056 acres. Prlv-;.-t intereLts own

a.ppro0t. Latc.ly 1, .51 acres.

(b) 0 D -N$ T AFE:

'-The -roward Cou.nty -a. a is comprised

of appro:. -in-: ely 38,072 acrcs, Th'i Districb ..c title to

2,30C acres am- owns title jointly wrL;h the F.'rustoos of the

Internal I.:provsr;ni Cnt Fund as to Zl,.12 acros. tl-i .'rusteos

ow;: 38,293 acres. T -.L :.tate ,ocd of i;duc-:tioi o'is 2,200

acres. 3ro'ward C(:unty ovwns 4,97? across 8,740 acre., are

owned bb:, individuals.

(c) DADE-iROWV'. C 77'--. .' EA:

The proposed consr 'vat.on ;:ea in

Dade .n.. blroward Co"unties c'.:pr! cs 370,087 acrrs. This

District c':-ns 32,920 acres in Drow.rd County and 420 acres in

ade Co.unty'. In addition, it claims title to the Indian

Poservr.tiLoi in Lz'owa;.d County, o0: which oC5,440 acres are in

sa:.i propoL.ed conserva.:i .,n arc-a. It owns jointly with the

Trustees of the Internal I-mprovement Fund.11,283 acres in

roward -nty and 5,40 r.cr: s in 7. de C:. nty, ;:aaid 3'rustees

own 77,E00 2crcs in :?rowid County and 110,900 acres in '-.de

-4-












County. The Ltate Board of Education owns 1,920 acres in

Broward Cotunty and 3,520 acres in Dade County. Broward

County owns 1, 78 acres and Dade County owns 1,395 acres.

Private individuals own 18,091 acres in across in Zrowacrd

County and 77,720 acres in Dade Countyi

The defendant accordingly avers that

such proposed conserv'mtIon areas will contain approxi:u;. ely

571,000 acres oC' land. It admits the allegOtions of the

last sub-paragreph of paragraph XII, of the bill respecting

the provisions of the several .cts described in tho Bill.

13. The del ndait denies the allegations and

conclusions of paragraph XIII, of the bill a&d donios that

any of the Acts therein onumrerated are void and of no effect,

but to the contrary avers that e ch of said Acts is a valid,

existing' law of the Sta:e of i'lorida. With respect to the

so oral conclusions of the plaintiffs set forth in respectie

numnbcred sub-pra.;r--.-"hs, the defendant alleges

(1) ..hile the. defendant adits th-.t

under the 1931 and 1941 ncts it is required to pay into

the Debt servicee Fund of the Distribtproceeds received by

it from acreqge-tsaes, it denies thn.t the creation of said

conservation ar-eas al the tzakin of the other steps

authorized by a-.id Acts will remo"-o from the Debt servicee

FFund of the District as.ets of great value now held by

sAid 3ori.d, .but to the contrary avers thai; the value of

said lands in said proposed conservation areas is small

and inconsequential and that the amount of debt service

taxes received fromalid lands is small and inconsequential,

especially with reference to the amount of taxes paid by

plaintiffs in proportion to the entire ac-ount of debt service

taxo c.











(2) The c'efendarnt denies that the lands

of plaintiffs nre for the most part located gr at distances

from the proposed conservation are.:s and denies that plain-

tiff lands will in no way be benefited by the establish-

ment of the proposed water'conservation areas,

(3) The defendant denies thv.t tsae

assets of the District proposed to be dedicated and used in

'crsatin(- said consorv.Atlon r-neas were derived by taxation

of lands thr-:ughut s;i.d -istrict and avoer that Fa-id

assets were or .ted by the taxation of Innds in the

respective counties in vhich s,-id respective areas are to

be created, It avra ti.t said. 'cts comply with the re-

quirements of the Florida Constitution .n:. were within the

power and discretion of t.: L. r;slaturc to onact,

(4) The defcndnnt denies thnt the

Le-islaburo, in the adoption of s-id ..icts, sho-.ed an intent

th., they should not become efijective until approved by

persons affected by the Acts, on.' -, era thit thli 1I. islr.i;ive

intent was that, such Acts should not become effective until

app; oved by a majority 01 the qualified electors of the

respective counties actually voting in elections called in

the respective counties for such purpose. The ref rendum

provisions in said ,cts :- c in accords nece with tho require-

monts of the Floridc Constitution nnr s:id Acts worn,. within

the power and i-.scretion of the Le :islat.ure to enact.

(5) The defendant denies thv.t there is

any requirement of law that freeholders fron the several

counties cc.mprisingL this District should 'iave voted at said

elections.

(6) The defencdnt admits thn t quali'. iod

elcctors in the three counties affected weo-e permitted to

-6-












vote on the question of ..pprovinr the .'ota, but avers that

the pro-isions of e..id Acts in this respect were in

accordance with the Florida Constitution, and said Acts

were within the power and discretion of the Legislature

to enact, LaId cts weic approved by the electors actually

residinin i this District in .-id election by greater

majorities than they were approved by electors residing

outside of this District.

(7) Jhile over a long period of bime,

in working outtho details of cr- ating- such areas, .pproximate-

ly 571,000 acres of land will be removed from tha tax rolls

of the District, t-he defendant denies that such lmads are

valuable lI nds and .-.vrs th-A: the reduction of acr..age

available for the payment o.-' uJ.tstanding. bonds would be

small and inconsecJue. tial from thc strnndpoint of revenue

to the Debt .-.rvice ,und. The a.,aounts now on hcnd in the

Debt servicee F nd -nd n thle ca.unts .nt-icipi'-ed from tax

collections until 1955, whon the remainder of the bond debt

of the District b comes callable, would nmou.nt to such a

.fi.ure that- the small loss to the Debt 2.".rvice :Puid,

caused by the creation of the conservev L-.ion arc.-.s, :.ouild

in no way prevent the retircrent of the 'bond 6obt of the

-iotrct at th'e &.i-'rliest callable date. The creation of

such conscrvL.:'.on aoeas would not hann injure, nor

materially increase the taxes of th.: plaintiff's.

(8) The defenc.r.nt denies that the

croatLon of th-e conservation areas will remove from the Debt

Service und of the. District large assets now hold in the

fund, and denies .bhat it would jeopardize the ultimate

payment of such indebtedness, and re-avers the clloeg tons
-7-












o" the ivmnedir .ely preceding sub-paragrL.ph of this answer.

(9) The defendant denies th.t the

cr<..ation oi' such area would remove from the Debt Service

.und any substantial acreafo or taxes, and denies that such

creation would reduce tho assets available for payment of

the obli rtions o'- the district, and re-avers the allegations

of sub-paragr'pph (7) hereof,

(10) Tho defendmt denies that the

dr'ation of such areas: will renovc -rect assets from the

Debt ..ervice und nnd will prOlong in anry respect the time

within which ac:-eage taxes will be assessed against the

plaintiffs, and3 re-avcrs the -lie-tiions of sub-parn-ra:ph

(7) above,

(11) The defendant denies that the

crs.tion of the conservation -roeas will divert from the

Debt Service Fund any substantial lands or assets, and

denies that such cr, tion would be beneficial only to a

small portion of the s nds located within the District.

14. The defendant adiits the alleg:ltions of

saaended paragraph .TIV of thl- t.ll.

15. Fur;thefr an7;r rlng tho bill, the defendant

alleges as follows: Its primary purpose and function is to

drain nd rclaimi .'ram the effect:., of, vater the Everglades

section of Floride Through the construction and lmantonance

of present works of' the District, substantial progress has

been made *.n the ec oaplishnaent of this purpose. The

exsis'ing canals, structures and wo:-ks of the District were

principally y constructed from the proceeds of tho origin.A

bond is:uca o. the DIstrict. ..ince such proceeds were

expended, and particularly since the District became in

financial difficulties in 1931, substantially little new

construction has been accomplished as it has strained the
-8-












resources of Lhe District pa::tially to u:int-.in m-d keep

up its existting works, canals anti structures.

From time to time in the .Everglades, there

hove occurred periods of floods, followed by periods of

drought. 'Th District hls been able Lo help only to a

limited exte-r'.t f,,. -.llovi.t-ion of thc.:-O or. 'itlons,

because of its IacT: of financial r'.ility, uri$,.o the existing

lows rel-.tin.- to the District, C'hesec -eIodr; of droughts

an-. loods hL. e caused ;reOt economic losses to the

T:verglldes. ~ latest c.. t disastrous floors occurred

in tihe fill of 1947 Mn, caused d2Eiz.-,es in eoeess of .fi.lty

million dollars. Tiher. is ui-gent and i'spora ;e need for

te e:xpend1iturc of substjntlal cs-ns of money for new con-

str.ction ':nC rcpaCi: a"nd rsha nlitation of ci : lin.;

st:-uctures an. 'o:.- t. T.akin ofL o'-.r cstepsE naec.ss--5r to

cr a.te in th i vergl'.deo a Lrue cy -oru of wL.e'.o control,

ccnsistinr, of uoth! cciac dr-.in., i'igaon,

nect.es:.::? not only to servo tL:-. o:.-; s'in .'..ver gl es ar -. a,

but to provide o :'or '.hi needs of ::nticip. -ied pro .rssa Md

davelopmont in th. t section.

Fo; sevwa'rnl ye...l s nal,: ro:..s pu.lio .-.piritc d

citizens ann or'sgnZsations, r.:"alian.: :hi.t t?, r.luvia, Lnion

of tih .oovo conditions is beyond the pocwe:, not only of

this istrict ut also of the l:ndovners in thu nveralades

section, ih.-.-e beon i a..:kin-' to soc.urs su.stC .nti-lJ Fde-,-ral

aid an. asslv't.nce eo-;.ard the realization of an.overall

plan to Pdequa.-aly protect the -vergladeas The un.tiing

efforts of these p.: rtis thav,: result.;d in the securini; or.

r-ecot.-lent:. Ion.s :,y t.hls .'c,::rteont-. of0 the .:rmiy, tlhroth the

United te.rs '- ry unginoers, to the :;.::ngress of the United

-9-













Lt.Ites, ; h.t eder-rl financial a.id be furnih od toward the

realization of such overall plan. The Lrmy j.n ;ineerst

rocommen c:'tions provide for a plan.not only protecting the

;v..vieglodes section but also the areas to the north of it,

from which much of the .verglades flod waters come, The

anticipated and rco.,:e.ndeod cost of' such plan is

:200,000,000,00, At the ti.lo of the filing of this ci.swer

the Poforesaid reco::menCL. tion is no'.v pending boofore a sub-

cormiittee of the Public Works CGo iittee of the United ;Ltat es

Senate, befo-eo w:.ici i ruL-coIai ttee a he-a-ing was recently

held, ai tended by thre Gcv::rrn.or1 of the ,.tate of lorida,

both United States ,naltor-E from Florirt'., various Florida

ieprosent ,ives in C.:'n,-ress a-: n numerous oth-tr public officials

,.nd citizens, .11 0o' \'-omi urged f.vorable action upon

thLis r- co:.ri'end~ a tion.

It :.r~s becoiae R-.-_renti to tjs.. wo have

studied conditions in I.e 'Lergl. dcs tha .an essential pre-

-requisite to nn adeq'.a'... system of water control tho:.o is

thec or nation of' w.vter conii. rv .-.io.:n .._--ar.as oZ" the nr.,urce

authorized in the lavs v.,,Lich arc tihe ubjcct of this suit.

The creatIon such cons;;rva ion 'a ,as not only ier'--oves the

necessity for rrn. tinn .bIngo a_ as of n.wcte an.' u-.productivo

lnds, but provides for tthe cr ,-tion of re2orvoirs into

w.ich surplus wa crfrom productive l- 1cn can be drained. in

flood periods and from ihiclh Wvuors can be pu mpbo d into

the productive lr.nds in periods of drought. 'uch conserva-

tion areas woul. prcv:ont oxidation of the soil1 .nd its

.cstruction by cire in -th. t i ritory included in theo proposed

conservation a. s 'e..s, ihitch o :id:-Lr.Cion ind destruction arc- now

proceeoin- rapidly, The cre!rtion of such cons .rvation areas

is also for the equali2iri 0of the cliraf -te in the .a vergl. des

-10-












section anm-. for the protection of potential 1atLcr ,supplies

of *the municipalities of South Florida. T.1 United States

Amry Lngineers acco-rrinr!ly, in prcparin;.- theli overall

plan, have 4'aade as n indispensable p.rt t1che:oof the

cr-ation of consorv.' i'.-n areas of the nat-ure involved in

tris suit. The pln provides t l local interests, imaning

the lasndone-i s and public bodies in the territory af'ectad,

sEzall .o-ovide teAo l':ndC nocenSary for i:apleneantin;. the over-

all plan, incluAinJ the lands necess.C-a for conservation

arc .P Filu-.e to cr't. oL. nk-. efi'ective such consrrva-

hion r-- as -;.1.< stril--e l. ~, 2. hear o0. th:- -bove mentioned

ov.. r lI :,l n', ".o._ld bob:.,"o r;c'. pl.- n, --n". u.ouiC. well

result in thlc cofoJt. of th"' oforts_ of many ye.-.rs to

adequately prot-,ct t ... 'erlr. Chi.s latter result

vCd CAse -""e ~~CoiL-Liice of ho vy economic and ol"ser

loses to the ) peole o1f ;o '.t 2;loriia.

On tbo oth- i nd, tih l2-.. s proposed to lbe

inclucdedc in said conscruv-:ton s: ..s are w'ilcd, ':" s;e and un-

nro.;:.cive. I'hoy h..ve booj declared of little uso for

agriculture by thl Col CorncrvaL-ion C.rvice of the-. United

S'. toos Depar'tment o: rriculAuro. Thoi-- vr.lue is nc .liiible,
by
and 'h.. amount o.' ta-:. ..eceived/thoe district 'ro i such lands

r. likewisE ncliSslible. The ;-louonb-s noaw on h.. in. in the

District Debt -;:rvice 'und and the amounts of anticipated

tax coliect.ons, las.ed upon previous rodent tn- eollect.ons,

is such t V, t fll o' the bon'ds of the District c.:.n be retired

by 1955 when the balance o- such bi onds '.uOe:Eo Cl:'..lle,

;:.t..out r','".. rd to th'.-. 1,:u.ds propoosec. o be includedd in Caid

consorv tl'on a'.c':us 'oloni-j' bo the -;istritc, C'. withoutt

ro.:rd bo the taLres upon Innds in ,cu.;h co s .vainon ,aoeas.

-11-












ITh creation of th.ise con. rvation nroas, accorJirn.ly1

vould not in any Tway Cdetrimentaillly f.cot the bondholders

of the 'istrlct, nor- would it itposeO Jurther consequential

additional bax butdons u-.pon the taxpayers o .' the District,

nor would a failur.- to or' t s'oc'.8. .c.'-.T- improve the

security of the bondholders nor li"hton to any nm'torlal extent

the burdens of the kta':payers. In fact, a failu;, to or ate

such nr eas would :impir tih bondhol'.ers' security and

mrs eriallvy cl.mae the property of the taxpayers, Accordinrly,

no constitutional rights of -rnchol'ers or taxpayrs have

been invaded by the action of the: Le-il-'.-ture in passing

the; Acts described in c. :.111, .nd the pasaa-.e o.f such

Acts w.s not o'.ly --within the Cpoer anr.0d aut..ority oQ the

Lo;isila uro, L.ut i. legalrly justified by the impolling

-neceEsi.;ieso for. the consb.rv:-.lA!ion .-.s r.sbo:c set forth, and

wc:- approved by the ov-.rwhielmrin; r,-f-. oity o.'7 the, voters of

Pc.., 3eclh,rowa.d and. ade Coi.'.nbiCes, 'the tp'pay.,ers of which

counOnties p"-y .iore th9:;.: 90: o- t:.c debt sor-vice taxes. of

thi districtt .

10. Pr-t}h..r an .:. ..'in" the bill, Cooni r'nt

allo-es as follows. :o" mr.y y r :... plisiotifof' most m.

GSrcahlr has be--n a ttt'r foe ai. op on-t of hi. liscrict

iand l<'. opposed miy const.r ct.ive -roj ct ini. ;:ud by

the District. t-. the 194' scssicn of the "lorida

Lcglslature this Disatrict preus'nted a logisl tive pro r.aa,

including, leisl.--tion relating to theeo conservation ar'vi s,

,r',i.ich eftcr careful study it ha detonrain. c would be of

.rent benefit to the 19nC.ovne:s- an'. n .ont:hiolder_-s of the

istIrct t. he pl.i.ntl r e,_'rnest :T :-;.n joined by

the plaintiffs Lyk:os I-oth c.'E, Incorpor a'-:.d, and Collic-

Co'por:.tlon, in blater op ocition to thi., lcl:i3..s. lve

-12-













p'rogrra : o th:e district. Ti, pllin..ifis G'a;:a and Lykes

-ro;-':ers hai.d urch.-sed lands in or_ ,.,inirn the pro-osed

conservation a) e E rand- c,::.sidlered. ..t;:; thi; blockin,- of the

cru nation o-. such ar.J..s woul,'. on...ncO tlh.c:.- pocketbook .

These pa-Ltes even ..nt to the lon :th oa sacurin the

introduction of a jill to abolish this District i rm_ dressed

f th s ; i in the Lc.isl.ureO, :i..s bill, 1inomn as hu.e

ill COO0 f''ilOui- to pass. I~ot.withs ..adinc the opposition

of t'iC pl: .inil'js, 1 .:.stric sw-s able t;o secure the

passage oi'f t.he -l s oL;-.c:ed in this o uit, for the.

accomplishments or The r6:roat public tlnofits ho eina-bove

outlined,

The Plin'ii-is then stts t ...p'.n za c.c.O.,

of .-,rrul;n.- o the do-'on.:. by litig tion. Th,-y ..broug.ht

a c-ui to onjoin the o p.-." 1on o O.noth r --ct passed by

the 194'7 L_ '.isl.- tu, C;ilptcr 2j,32L, .prov.iji -o

&spclC.iIc outtho:.ity to ti rct cony to t

United S'tates fori the crectiwo of a ;ator 51and soil c:nc.'rva-

tion .:..ioa .,n w.il!.. i-le '-c:..ervu, cuc1 l-a ds b-ing the l -.nus

propo,;ed to be included in Lh. PIl,:. :., aclh ..:un

Con-.-rvatioo: ". -.. I.clu..ioC in t :-" likewise

provision a'or Lut'ority to cn crioy lan.,s of co L isBi"ct

to t'he K v r. l- ..e I.. lon: .1 r-'k, and Il...i.-L tif'20' ;.D'o.ors. .d

suit attacks. .uci oul.hoty l ll'Ise, uS.h sult is noati

pO i0' ig I, tLi- t t, b c. r.1 t. : : s ylo a. t'is suit

ci. nuab:.roJL C .r.co-,ry 2.-3,023.

The plaiLitifa '..v, also op osed "s.r 0.o"endant

in a suit brought by it in Li.. i Ut to secure Ju.eci'l con-

str';ucion o2 its ri-,ht to use the n of ,13.,-000.00 for

auch n c..'ed conLG1ruction arCd 'L-:.intenanLie C:i-k. In t'haU suib

-13-












plaintiffs inftrvenendd for the purpose of such opposition,

Luch suit is pending in this Court, styled Lo0:.d of

Cormnissioners of jvorglc.i .o DrA.in.-ze district v. S. H,

Ranson, Jr., et al., Chlan:ery Ho. 22,962, Pinally,

plc :-.tif s ..bru.ht t.iis action.

Pl-intiff Li'nI3s L. Cr, .lnia cL a candid aTo

for election to -'he County Co:-aission of .ade Cou-nty at

the TCtmocratic prlia-;y on Miay 4, 1943, In the course oi

his o,:Impt!in h- made hi.; opposition to the c .7-tion of such

Sco-Ervt.t;on ':ras an i -uo,. an- stai:ed : LU this suit was

filcd to pr:eve..t this '.iLsridt fro cretcin t', conserv tion




d b- V
_:rer.s >...Co'e e ^ ... inf;_-,.c session .O t.... ,u.,: l i a" thti

at ,u.i.c- .i..xt oSssion he _-.pedts th*ul ., t '.-.. D s.."stl ict will re

| bft3olished., i C. C. .eldacy, Bi. jc-d onl i.ld 3Ssue, WCta

ripuud.i ted b:- the vote, of oe Co..Ly n he wcas o C1ve r-

wholmlngly defe' ad.

Plainti'f2s p1:.-r .30prox:iran ely 2 of *.th; debt

s'tcrvlc taxes o- the '.istrlct, acco.in to the inLor'i:. tlon

of -r.oG defendan.- '-heir voices cq2e thei oly olu!es LSlichI

_av;v been raised in opposition o 'i c. ,r .tion o 'oro -

s;ra-c. cscr.vi- io a. ; s. t 'th.- bov... L,";.nI.. .'on d .n,.te

isub-coilttee ,h.:.: -ing the only r-ot.:st filed wa' t"l' 0o

the p.lattt.i ff, Collier Corpo-raion.

Tl-his suit is broujit by -te plinl.?? -', in

u-suisance o-'. their above e Cesdrib d j.la1. o. 0 o:ppsin the

actions of the Distriict in any manner pos;-iblo, and

repres,-nts tLhe efforts of a sefish, nsma.ll .minority to

block a pro.;rau of ovcrh-.7el..iln Lx.or't.mce O.. an o!.tI....l

baen-icit to ;lhe pcopl,. oj' the trtc of .lo:'lds.

.ccordingly, :'ioLeniacnt ch a-ngbs t- t thi;.

uilt is not brought in 'oo-, faith '-rn:- .s. :lain.i:if7' "o not

co., -.- 'nto this c:.-.:-o of equity witlh clean lhanm,.s.

-14-












W IIT:,iLFO~: having fully answered said bill

of complaint as smenried, defendants pray that the same be

dismissed ait the costs of the plaintiffs.

17, a counterclaim and claim for

aff irri.tiUve rellcef, the defendant, who will be referred to

heroin as "cross-plaintli'f," alleges tlimt under Chapter

14,717, Laws of i lorida, Acts of 1931, :-olauing to this
in
District* soraeti.:es referred to/the bill as the "1931 .LctC,

cross-plaintiff is e6apovwerod Wo establish eand construct a

system o' csJials,, dri n.-o, levees, dies,, dass,locks,

reservoirs and other appurtenant str *ctures of such dimensions

depthi .nd proportion aL in the judgment of eross-plaintiff

is advis::.ble, t-o drein and reclaii, lands within said

Lverglades : ralnage Dis.-trict and to wonder tte sane suitable

for us.. in g ricultural r,.asuits 3ndi to preserve and protect

trees an:. crops growing 2-pon suci aiRids and to aaint.:-.in

ard operate such c.ls, d'.a.i's, levees, dikes, c.:.vs, locks,

roscrvoirs and ot her works in such manner -s the cross-

plaintiff shall deem m lost advanbaeusous to accomplish the

foregoing objects. .. urthor, aftor setting forthli numao:.

of ot..c:. poc;c:.s a zn aut'Uoritio s o th croSs-plaintiLff,

said c-t authorizes aind eiupowv.rs-it o do and perfm Sa.ny

and all otic:.- ac.s hich1 ii. its. judgment saall be conducive

to the upkeep nad:etteriaent oZ'. tle works of this D'istrict.

SUnder and.by virtue of those provisions the

cross-plaintiff considers L.hat, re gardless of whether the

1947 Pcts attc.cked in the bill are galid, it has the power

ai:' authority to oras.te te f-,foresaid proposed conservation

ar s an nd to take all necessary :nd c.ppropriate steps to

i.aplement the creation of such conservation areas, In

-15-












other words the cross-plaintiff contends th'-Ul it has

authority under the 1931 Aft to do any and all of the

things and to t- ke any ad al 1 of the actions which are

also authorized and empowered by aforesaid 1947 .'cts.

Furthermoro, there arc other provisions

in the a. oresaid 1931 at and Chaptser 20,658, Laws of Florida,

Acts of 1941, sometimes referred to in the bill as the

"1941 oct," which likewise empower and authorize the

defendant to 4o the tlhin.s and t ke the actions authorized

in said 1947 Acts,

S Nevertheless, the crose-plaintiff iu i

doubt as to its rights, powers and duties in the premises

unJer aforesaid 1931 and 1941 .cts. A justiciable

controversy exists in respect thereto, coming wit tint the

purview oir Scoctions 87,01, ot seq., Fio:1id.. Statutes,

known as the !'eclaratory Jutin'o3nts ct. The defendant,

as crosa-plaintiff, accordingly secks the Ieclar&atory

ju..',-ent o0.' :hi- Court ar to such ri ..its wid powers in the

premises in the event s. :i 1947 Acts should ob hold Invalid.

ThYe .Cuestion of this LoFard'as authority in the foregoing

matter, under the 1931 and 1941 Acts, is 0o ooiyaron and

general Lnterest to -11 oi tle bondholders, l:-.ndowners a-nd

taxpayo of the strict ac o theoitc. ac o tse groups constitutes

a class so numerous a. to ialke; it i-. practicable to bring

them all before the Court. The Pl.'aintiffs allege in their

bill o: complaint the; they ar.- the holoe:.s of bonds of this

District find that they we landowners ,.nd tr.xpuyers thereof.

Baid plaintiffs are 'accordingly made cross-dei'ondants to

this county. claim and claim .or affirmative relief, for

4 f-1h-I













and on -e-'i.alf oa-' the oh.r landowners, U-ondholLo:s.- and

taexpay'-rs o .t- DistL.-ict as a class, to 'efeond for the

..hole,

.'T.. "FO: cvrss-plainti2f prays:

1~ In the ovreu the .said 12C47 .c'Lt: i'eel red

ivL.I, 'Th t th e 3.. 't, by ".lc.to ry cce, ctor:.no

the r'i .. s -., sov:f.rs n-1 .;.i'.UL of ..'ros.-;l i-'il.f'.. an .e tl e

a~plic. ia 1931 n. 1'I .cts, ..ith respect to ".: t-'. ers

and -liln s he..-eto. 'O.. ct 'fof t, .

2. n lhch vnt, t. t. lh. C..t by .cclc..':ory

decre :ctoi-:' ti ne .. hct~ .er' ..' c.l rd U.aL t-ho. .o.,.-., .ind

...;uorlty un.'er F or..o;sA: I 121 n-..1041 Acts, to .,o -11 of

h.. -.... a ad t.. -11 of t-oe actions which 3-i-' 1-947

.ct A: uur-ort to author" c nJ c: .,o,.'". c'os -p .l:'.n ,i_- '.o do,


I ,C 0.' .. S I417o;%
:. _______ a jL. _L3j- .---i !1'31J: mr
At-orneys or .o .-.-d of Co..issiner
oa E r-. .'l 1 c 3s e :- ..... e.
District


L--7 s
01.L:.,Y P. C.'LL -.LL


Of I.G .'I
Of Coaunmcl












ROBERT A.HENDERSON,JR.
JAMES A. FRANKLIN
FINIS E.STARNES
PARKER HOLT


HENDERSON, FRANKLIN, STARNES & HOLT
ATTORNEYS AND COUNSELORS AT IAW
cFORT MYERS, a Io
FORT YERBBS, FLORDA.


Sept. 1, 1948





Mr. S. C. Collier,
Everglades, Fla.,

Lear Mr. Colliers

RE: Everglasde Drainage suits,

On ?Monday, Auguist 30th. we appeared before Judge
Chillingworth in connection with Motions to Dismiss the
Amended Bills of Complaint in the Everglades Drainage
District litigation. Judge Chillingworth adhered to
his former views and entered Decrees dismissing our
Amended Eill.

We have sixty days within which to take an
appeal to the Supreme Court. It is my understanding
that you wish us to go ahead with appeal, and we will do
so in due course.

yours traly,


F
Cy:
Hon. Ernest Graham,
Hialeh, Fla,


II


IIR3

mF11L


slPYDLiUlrl...









HENDERSON, FRANKLIN, STARNES & HOLT
ATTORNEYS AND COUNSELLORS AT LAW
COLLIER BUILDING
FORT MYERS, FLORIDA


ROBERT A. HENDERSON, JR.
JAMES A. FRANKLIN
FINIS E. STARNES
PARKER HOLT


July 17,19-13


Lrh. Sam Collier
Collier Corpora .:on
Evorgl:Ades, F-lorida

DL.,. :?r. Collier:

Today wve received notice t~ t Jud- e
Chill.r.worth hnE ppr-ove., L5c r. -port of ith :astor
in th!r r.it for eclarato ; cCree. T i.- ;u..nEs -I t
the Court has nojudicate( the sur of ,o18 000,00
should be left in the' .' obt service -?unI Le1n cannot
be t.rrn-sferred for miaintcnarnce .purpoaes.' This in
accorda-.:co with our conr:ientio.LC


e)l truly rjou-'s,


7-S Fra.klin


S'r -on'
CCQ I-HorSale ernest 1.
Okleec- obee Road
ITialea"!, :lori-'a


-raliL









HENDERSON, FRANKLIN, STARNES & HOLT
ATTORNEYS AND COUNSELLORS AT LAW
COLLIER BUILDING
FORT MYERS, FLORIDA

ROBERT A. HENDERSON, JR.
JAMES A. FRANKLIN
FINIS E. STARNES July 12, 1943
PARKER HOLT




I-r San C, Collier
Collier Corporation
2verglades, Florida

Re: Lykor Brithetrs, et als,# vF, .. rd of
Co;Tis; Ion,: oeso v Des r-in.age
District

Dear Mr.Collier:

On :';--iuay l'e 9th.l we nrt .. .fore Jud e
Uhillingworth in connection with -vr.r'ious imato'rs affect-
..n: our Zver'-lades (i'ri-a::wo District lif"1ation.

Irn the :i ? cl -a story decreee i.volvinz
the rf-n of 10 ,000.00, chc Court heard r::-.:uent, and
took tl-e matter under c.'~.ll eration o re of ithe
opinion i' ile t C 1i1 folio:.z the r-co;-.tuen.-ction of
the 2ast -r, ."in r-t-Lus i the Dist.ric c .lc-'lion to trc12-
for t'i: suit to the r(Cni. .strative f-i.':'

In our suit to enjoin the de..lc.tion of
1--Ls' in the three counties -.or c l;'.'v. o !'. .rpos.s,
ade Colun-y, .alin oci., CcO' ;, ro'- C C ... n he
,ai oleon P., ;ro. '-'d Dr.in[ .: tract h.: npetitions for
inlorvention. .*i Ciout . .itc .ed all of these groups
to inteivenes Lc.d to fil!: an -.nsS'.or, .-: "row rd
Dr ana-e strict iaCd Motlon to DiLsa the ill of
Co-iplaint, an'. the Courr su-' zEted that the other parties
defendant eithe Jj1n: in thls : *.ton or file separate
'.:-tions so that the LL' icilency o.' the .1.i1 of Co.Lpli nt
coul1 '.*c deterr.-in.od at one ti::e. 'L-. ias .erc', to, and
the Court set 'edn..ea.7y, July :1, for a a,"r-'.- on i.iotion
to Dls..:iss.

filed 0otlons to Strik,. Portions of Answ~
filed by the several Defenrdants, but the '"urtu declined to
hear such M!otions until the sufficiency of he Bill of
Co-rplain.'t 'irK, be:e: deter-:.' neld,

.will advise you fur i-her of dovelo,iments,

Very t rn.ly yours,


JAF:onf J J s .".ra klin

CC Lonorable Ernest R. Graham
m L~~~.. ,~a~~~-- ---,-~ ." ..... ....l.... ... ... ... .. .. .. .-.. ... ...








HENDERSON, FRANKLIN, STARNES & HOLT
ATTORNEYS AND COUNSELLORS AT LAW ,/ ,,.. ,"
COLLIER BUILDING '*" *
FORT MYERS, FLORIDA

ROBERT A. HENDERSON, JR.
JAMES A. FRANKLIN;T
FINIS E. STARNES -. 19 9
PARKER HOLT








Mr. Sam C. Collier
Collier Corporation
Everglades, Florida

Dear Sam:

We are now In recec t of co;'y of the .pccial
Master Report in connection ;~ith the s.,it filed by ver.glades
Prr.nage Distr-lct seeking to tran-s'er 2l18 ,000.00 from
rebt Service to ?'Hintenance purpos-;s.

Tl ester finds t:' tthe '.105,$00 .00 should
not be transfe-:eaed, and recomlmen-'s a decree I.enyin-' the
pr'yer.s of t-e Bill of Corl:pi-int in cro-nnection with such
transf f-r.

oe a-rcc-' thft the District had poverty to
ehan e the lines of the maintenance districts, and tUat
proceeds from the sale of 1..- for non-p yn:-t of Ad
Valorem Taxes only on non-.'-:,'ment of both area ge and
a:iinnistra-.L'on taxes should be pro rated between the r-.nds
involved. The report of th Pl- astor adop-ts this view, and
r;-cc-..Lends the o:-trT: of Decree accori-"n-ily,

This .attr now -oes-before Judge
Chill1in -orth for confirmation of the rcnpo:.t of the :T...ter,
c- do not believe the Co-ir.ft ':7'11 vp:-et the report of the
i.ster, but belie-., that the Court ,.:111 enter Decree as
above indicated.

Sincerely,


James A, ra-.-klin


CC : e nor..le "r-nest R. Graha-i
Okeec .obee Losd
I1inleah, Floric.f












April 2, 1948


Mr. James A. Franklin
Henderson, Franklin, Starnes & Holt
Collier Building
Fort Myers, Florida

Dear Jim:

Your letter of March 29 at hand.
regard to the election and also have a
by the county commission.


We have some clippings in
copy of a circular put out


I would like to know when you will need this information. I
am in this county commission race up to my neck as you probably
know but it should be over the fourth of May. If you could wait
until then, it would be a great help to me. If I win this election,
and I feel I will, our position will be much stronger.


Sincerely yours,




Ernest R. Graham


ERGb









HENDERSON, FRANKLIN, STARNES & HOLT
ATTORNEYS A2 COUNSELORS AT LW
ROBERT A.HENDERSON,JR. FORT MYERS, LORIDA
JAMES A.FRANKLIN
FINIS E.STARNES
PARKER HOLT
March 29, 1948








The Honorable Ernest R. Graham
Okeechobee Road
Hialeah, Florida

Dear Ernest:

I have written you once or twice with
reference to the Everglades litigation.

Prior to the election in Miami on the
approval of the Act, the Cormmissioners ran a number
of advertisements. I believe these would be helpful
at the time of our hearing, and will appreciate if you
will have someone get clippings from the papers and
furnish to me.

I asked Mr. Lykes about having someone
prepare to testify as to the valuation of the property,
condition and character of lands in the area, etc. Mr.
Lykes says he has no one that can be used for this pur-
pose. It was his idea that you have an engineer who
is familiar with conditions in these areas, and he
thought you could make arrangements to have this
engineer testify.

We would like to have someone available who
can say that he is familiar with the lands within the
proposed conservation areas; that he has examined the
soil and knows the condition of the soil, and would state
what type of soil is in these lands and will testify
as to the value. Testimony of the assessed value of the
sales of lands within the areas, or adjoining lands, and
additional information of this character will also be
helpful.

With kindest regards, I am,

Si erely,


ames A. Frankly '









HENDERSON, FRANKLIN, STARNES & HOLT
ATTORNEYS AND COUNSELORS AT IAW
ROBERT A. HENDIRSON,JR. POHRT MYERS, FLORIDA
JAMES A.FRANKLIN
FINIS E.STARNES
PARKER HOLT
Ma ch 24, 1948





The Honorable Ernest R. Graham
Okeechobee Road
Hialeah, Florida

Re: Lykes Brothers, Inc., et als. vs. Board of
Commissioners of Everglades Drainage District

Dear Ernest:

We have filed a further suit against Everglades
Drainage District for the purpose of enjoining dedication
of lands for conservation areas pursuant to the local acts
which were passed. You may have a copy of the Acts, but
in case you do not, I enclose you copy herewith.

The conservation area in Dade County takes in
approximately 380,000 acres of land.

We will have a hearing before the Court in a few
days on our Bill of Complaint, and at that time should have
several affidavits by persons who are acquainted with the
Dade County lands, such affidavits to show the general
condition and quality of the lands, included in the conserva-
tion area, and an estimate of the value of such lands. This
estimate is to be based upon sales price of lands in the
area or adjacent thereto. Will you please get up immediately
such affidavit for us and send to me.

We require the same information in connection with
the Broward County bill, and I enclose copy of that bill.
The area in Broward County according'to my information
comprises approximately 93,800 acres. I do not know anyone
I can write to in Broward County for this information, but
presume you are in touch with conditions there, and can
obtain an affidavit for me.

With best regards, I am,

Sn rely,


SA Fra in
JAF:onf
Enclosure











Chapter 24417 (No. 803)

(House Bill No. 1342)

AN ACT Relutln6 to brovard County, Florida;

rrovid.ing that any Drainate district wh'ch shall be the
OC'.-rnr of Lanrds n -eaid County .ay ;sttablian eBrtain Areas

thei-in for Cuonservatlor of waterr and Soil; Phat such Dis-

trit or any Landu-.er Within euob Conservation Areas may
Detdioate for such Plurzose any of its or his Lanls within

subch Conservation AreQas; ,:aov'rin suuch Distriot to Uoo,-

erLte with .other Pub3 Ic Agenoiss and Bodies in the Cr-eation
and D'edicltion of such Cor.servation Areaf;, ProvidIng for

the Cancel.ltion of Taxes of euch District and 'ax Sule
Cestificatee of such District held by it, Snoumbering Lands

in such Conservyatlc. areas; 'rovlding that Future Taxes shall

not be Levied upon flL&l '. so Dedlc&te:. s Cones-rvation Areas;

mrowl.rinn. such District to r'edeem Tax l Gertiflca;tes

Sxltling u ?,n i aid L.in'zk n In such Cons-rvatlori Ar-as, (and

r,.t held by such Dietriot; p:.:overing auh Dilrtrict to

j,.c;hGnL.t Lsan(s owned by it ,utslde of such Conservation
Are..s for Lan owned by P-rlvate Peirsons s~ithtn Said

reaas u.J:,n Certain Conditlonni.; Provilin.r for the Eanm loyfment

of Attorneys and their P-es; m..owering Euch District to

io all'thjng: Neoeecary to Cunsumrnate the Purpoees of such

Coinservation Areass; nactin. other Provilons onr this Sub-

Ject; i-rovlding foor 59verabllity of Provialo3n. :-f this Act

and the Sffeot of Conflict with other Acts; and Providing

a }eftreandum.

B IIT S~AUS .Y-" Th-2 L-J-LC.TL'V.:i *F THE STAT- .-F FLOIIDa;

Section 1. Any 3ralnarie iety lct *hbich shall be the

owner ..f iand- In BrowEr.l. County, Florida, shall have the

power and authority to create in Oaid Broward County, Florida,


-EXHIBIT ONE












a conservation area for water an5 soil conservation within

the following reF active boundaries

1. Bounded on the north by the Palm-seach Broward

County Line; on the awst and south by North New siver Canal,

and on the east by Range Line 40-41, In Broward County, Florida.

2, Bounded on the eaat by hranoe Line 38- 39; on the north

by a line ne mile north of the south line of Townehip 4S South

through WtR.nage 37 ain *38 and the .rojection of this said line

to edQe of the organic soils near Bro.iard-Colller -ounty line; on

thle '-. :=t by the boundary of the organic soils, being ,en rally

about two -illes east of Browar4-GCollier County line; on the south

by the Broward-Dade County line, in broward County, Flurlia.

section 2. 'uch district or the owner of any land

withinn the rame may dedic-tc. to public use, for afovesald 0on-

s'jrv.ation r.urposea, any lan.s vitilin the boundaries of the

cons-rvatior. arees so created, as to vhich the title or auiy

IntereFt ther'-n is yvept;d in such district or landowner. In

r.aklnk such dedicBtelor:, such district or landowner may make

such r servations of oil, gas and mineral righf3.,s it or he

'-hAl. de9trm'ne, end may rovide that if any of -aid laanI shall

tc ae to be used for such oonservution ,urgcser, the dramfe Shall

rev,'-rt tc the former owner thereof. Such distrlt may make

:uch conditions and .rovisLons with rq-,..ect to the control of

-uch conservutlon areas as it shall deem a-'visable.

Section 3. 3uch district is authorized to oooperate

with the Trustees of the Internal Imnrovement eund, the State

oar of :,duo..tion, the County of brovard, Florida, and any

other vb lic bocrI-Ir:- owir.lg lanCes or interest therein within

-uch oonservbtioni areas In oorstituting, dedic.tine and

urve tinj such conservation area s,


* 2











Section 4, Any lands in such conservation areas so

created by such district, which have been dedicated to the

..ublic for aforesaid purposes of water and soil oonserv:tion,

shall be haerlinafter exemat from the taxes and special arsess-

menits of such district, Go long as the dedication of any of

sucb land, r speectivly, shall remain in full force and effect.

2uc:. district shall omit froc the list of lands in such district

a.:ich ar returned for taxation on behalf of such district, the

G-e5oritlori of the l.anc exrPt by this a;ectio:, and shall direct

tLe Tax Assessor of Brow&rd County, Florida, not to assess such

laini fur the taxes of -uch district, and aid asse.l- ur bh&.ll
cA. Iply with 3uch directions.

Section b. Any taxes or osaoi l assaesm-ents of such

distr it-( which have beer. or are as~isoseod ur. -nst any of the

l.n- n'-,edtioted If r coujservtion .urpt.seB itn accor:i;Laicj .,.ith

the .ruvlalons of th'e Act, a!.:I as to which h taxes lnd a.-ser's-

.-nts no cortificate hi:avee been iseual, shall be cancelled and

annuiieJ. Such district hall furnish the Tax Gollector

of Jro-. o cd County, Flori1 1, with list of lno. as to whi@h

taxe .-9e c:.-ncelled unier the jrovi.-lo.Is of this Sec.lion, and
-aid Tax Collector Z:nall t2l',rup3on ote- such c.Ancell1atlon upon

his reoor,.:a 4nd shall not hiOld any tax dale with rso,.eot to such

lande.
'ectlonf 6. Any tax sale curtificatea axitin:i ailnst

Ian'rs i.l2oh ,.ave been or are dedliuted for conservation .,urosae

under the provisions of tnis "ct and which certifloate;; i e held

by suc; district, shall be irAd .re hr-ruby ,..nrcelled ain &nlljled,

3uch district shall furnish the Clerk of brow,ard County, Florida,

with lists of landeL as to vhich such: tax sale certifIceata: are

cancelled by tha Sstlrtion, anrrd E.all direct :aid ulerk t.- cancel

such of the tax sale certlfict. s existing. a,0olnst anda ncu.bering

said lands as are hold In the name of eaid district, and strid


* *












Clark shdll comply with said directions.

section 7, Such district shall nave the i.owvr and auth-

ority to redeem tax sale certificate~ for taxes of such district

or any other taxing agency which may exist against lands dedicated

for conservAtion .rurposy under this Act.

Section 8, Luoh district may exanange lands located out-
side of the consrvatiuk areas dedicated and created under the

,irovilorne of this Act, held by such district, for lands privately

vo.ned 'ithiln said conservation areas, and fix the ternr's and condi-

tions of any such exchange, and select and agree upon the lands

to be so conveyed by said such district, and the lands to be

conveyed to such district in exchan;;a therefore; and agree upon

and u-ay or receive, ae the ca:re may in the judgment of such district

require, any sum or sums of money y deemed nec.-2sary by such district

for the ;urpose of) equallAng the values of such exchanged property,

and make anO enter into contract.- or agreement?' for such purpose

or ,ur:-osanes, Such 3dtitrict m-ay also join with the Trustees of

tne Internal Irmprovement Fund, tre State 8oard of aduotion,

any other 5tate or ,.ubllc agency, or the County of Browrd,

Florld~F; in maklni' ouch excbhangv. with the .aiRne pow.'rs a here-

inabovfe es t forth. -'iovided, that be'ue'e any such exchange is

cornsurmnated, such district shall. ,.etitlon the Gircuit Court of

iBrowrd County, Florida., arnd obtain the approval by said Court

of euch exchange, provided notice of Intention to recentnt said

,.etitlin to said Court shall be rpublihbed in a nev.sjaper of general

circulation in Broward County once each v-ek tr four consecutive

yeeks before -aid j.ietition is pre enter. ::aid Court is hereby

vest-td with jurisdiction to hear suoh ),et.iton and determine whether

the proposed exchange is In the public Interet.

Section 9, uohb district shall have iLe poor ani auth-

ority to employ attorneys for the 3urpose- of creating, establishing


* 4 *




'4' 4"' -- --






consummattng the details of, and maintaining such conservation

areas, and to ;.ay the,- r-asonable attorneys fees for their

services in connection with aforesaid Jurostas.

Section 1i.. Wherever in this Act the words "drainage

district" or districtt" are used, they shall be construed to a-.ply

'lwith like effect to the governing body of such district.

action 11. buoh district shall have the ..over and auth-

ority to do any and all other things found necessary, ex.ediant

or desirable to accomplish and complete the creation and establish-

menrt cf such conservation areas, under the .'rovislons of thls Act,

Section 12. If any section, paragraph, clause or .rovis-

ion of this Act shall for any reason be declared Invalid or uncon-

stitutional, nevertheless, the re-.akning portions of thle Act Phall

remain in full force &rn effect.

beotion 13. In the event of a conflict between the 3ro-

vl'ins of this Act, and tte provisions of any other Act, tote ro-

vlilons of this Act shall control to the extent of such conflict,

ectlor, 14. i1t12 Act shall not become effective nor

operative unleF and until the same ;=hall have been aujproved by a

majority of the qualified electors of the Gounty of Irowara, Florida,

actually voting in an election oalleri for such -urpose, Ui'ch election

shall be called by the County 6omcalei- n of ~aid County of zro'.ard

within six months after this Act becomes a law. Ihe ballot for

such electiorn hall ce arranged so that each elector may register

ilther his approval or diEnpproval of this Act. The said county

Co, i. ior; shall canvass the returns of such election and if a major-

it:y f the electors voting! in said election have 6a:.iroved this Act,

it thall thereupon become effective.


Beca'ne a law t,,thcut the Gov:rnor's approval.

Filed In Office eecr"-tary of s tate June 16, l947.


* 5





r* mb-c


CHAPTER 24465 (No. 881)
(Senate Bill No. 972)
AN ACT Relating to Dade County, Florida; Pro-
viding that any'Drainage District which shall be the Owner

of Lands in Said County may Establish a Certain Area Therein
for Conservation of Water and Soil; That Such Uistriot or any
Landowner within such Conservation Area may Dedicate for such

Purpose any of its or his Lands within such Conservation Area;
Empowering such District to Cooperate with other Public Agencies
and Bodies in the Creation and Dedication of such Conservation
Area; Providing for the Cancellation of 'axes of sueh Distriot

and Tax Sale Certificates of such District held by it, Encumber-
ing Lands in such Conservation Area; Providing that Future Taxes

shall notbe Levied upon Lands so Dedicated as a Gonservation Area;

Empowering such District to Redeem Tax bale Certificates existing
upon said Lands in suoh Conservation Area, and not Held by Such

District; Empowering such District to Exchange Lands Owned by
it Outside of such Conservation Area for Lands owned by Private
Persons within Said Area upon Certain Conditions; Providing for

the Employment of Attorneys and their fees; Empowering such
District to do all things Necessary to Consummate the
Purposes of such Conservation Area; Snaoting Other Provisions

on this Subject; Providing for Severability of Provisions of
this Act and the Effect of Confliot with Other Acts; and Providing
a Referendum.




BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:


EXHIBIT TWO












Section 1, Any drainage district which shall be the
owner of lands in Dade County, Florida, shall have the

power and authority to create in said Dade County, Florida, a
conservation area for water and soil conservation within

the following boundaries:

Bounded on the east by change Line 38-39; on the nwtth

by the Dade-Sroward County line; on the west by the boundary

of the organic soils, being generally about two miles east

of the Dade Collier County line; and on the South by the
Tamiami Trail in Dade County, Florida.

Section 2, Such district or the owner of any land

within the same may dedicate to ..ublio use, for aforesaid
conservation purposes, any lands within the boundaries of

the conservation area es created, as to which the title or

any 'nter-st therein is vested in such district or land-
owner. In making such dediotlons, such district or land-

owner may make such reservations of oil, gas and mineral
rights as it or he shall det'ermlne, and may provide that if
any of said lands shall cease to be used for such conservation

purposes, the same shall revert to the former owner thereof.
Such district may make such conditions and provisions with
respect to the control of such conservation area as it shall

deem advisable.

Section 3. Such district is authorized to cooperate
with the Trustees of the Interal Improvement Fund, the

State Board of Lducation, the County of Dade, florida,

and any other public oodles owning lande or interest therein
within such conservation area, in constituting, dedicating and

creating such conservation area.

Section 4, Any landc in such conservation area so created
by such district, which have been dedicated to the public for

aforesaid purposes of water and soil conservation, shall be
hereinafter except from the taxes and special assessments of


a.Ze












such district, so long as the dedication of any of such land,

respectively, shall remain In full force and effect. Such

district shall omit from the list of lands in such district which

are returned for taxation on behalf of such district, the de-

soriltion of the lands exempt by this Section, and shall direct

the Tax Assessor of Uade County, Florida, not to assess such

lands for the taxes of suoh district, and said a-sessor shall

comply with such directions,

Sectioni5. Any tax..s or special assessments of auch

district vhich have been or are assessed against any of the

lands dedicated for conservation purposes in accordance with

the .)rovisions of this Act, and at to which taxes and assessments

no certificates have been issued, shall be cancelled and annulled.

Such district shall furnish the Tax Collector of Dade County,

Florida, with lists of lanlds as to -bioh tax-sI are cancelled

under the provisions of this Seotion, and said 2ax Collector

shall thereupon note such cancellation upon his records and

shall not hold any tax sale with respect to such lands.

Section 6, Any tax sale certificates existing against

lands which have been or are dedicated for conservation purposes

under the provisions of this Act and ehich certificates are held

by such district, shall be and are hereby cancelled and annulled.

Such district shall furnish the Clerk of Dade Uounty, Florida,

with lists of lands as to vhioh such tax sale certificates are

cancelled by this Section, and shall direct said Clerk to

cancel such of the tax sale certificates existing against and

encumbering said lands as are held in the name of said district,

and said Clerk shall comply with said directions.

Section 7. Such districts shall have the powerr and auth-

ority to redeem tax sale certificates for taxes of such


-5-


Sllh(t




. c-


district or any other taxing agency which iiay exist a~aainst

lands dedicated for conservation purposes under this Act.

Section 8. Suoh district may exchange lands located out-

side of the conservation area dedicated and created under the

provisions of this Act, held by such district, for lands privatelyy

owned wit-in said conservation area, and fix the terms and condi-

tions of any such exchange, and select and agree upon the lands

to be .. conveyed by said such district, and the lanies to be

conveyed to such district in exchange therefore; and agree upon

and pay or teoelve, as the case may be in the Judgment of such

district require, any sum or sums of money deemed necessary by

such district for the purpose of equalizing the values of such

exchanged property, and make and enter into contract- or agree-

mentL for such purposee or .urposes. Such district may also join

with the TrusteeP of the Internal Improvement Fund, the State

Boead of Education, any other &tate of public agency, or the

County -,f Dade, Floridac, in making. such exchanges 'with the same

powers as hereinabove set forth. provided that before any such

exchange in consummated, such district shall petition the

Circuit Court of Dade County, Florida, and obtain the approval

by said Court of such exchange. Said Court is hereby vested

vith jurisdiction to hear such petition and determine whether

the jroiosed exchange la in the public interest.

Section 9. Such district shall have the ownerr and auth-

ority to employ attorneys for the urposes of creating, establlsh-

In%, consummating the details of, and maintaining such conserva-

tion area, and to )ay them reasonable attorneys' fees for their

service s in connection with aforesaid purposes; jrovlded that

the fees paid to such attorneys for such serviona and the fees

.aaid to them for all other services to such district shall not

exceed, in the aggregate, the sum of 10C,000.0C per annum.


-4-











Section 10. Wherever in this Act the words "drainage district"
or "district" are used, they shall be construed to ap;ly with like

effect to the governing body of such district.

Section 11. Such district shall have the ownerr and authority

to do any and all other things found necessary, expedient or desir-

able to accomplish and complete the creation and establishment of

such conservation area, under the provisions of this Act.

Section 12. If any section, aragra.ih, clause or revisionn

of this ^ot shall for any r..ason be declared invalid or unconstitu-

tional, nevertheless, the remaining portions of this Act shall

remain in full force and effect,

section 13. In the event of a conflict between the provisionss
of this Act, and the provisions of any other Act, the provisions

of this Act shall control to the extent of such conflict; provided

nothing in this Act shall be construed to amend or repeal Chapter

22,935, Lads of Florida, Acts of 1945, or any ..art thcr-,of.

Section 14. This Act shall not become effective nor operative

unless and until the same hall have been approved by a r:ajority

of the qualified electore of the County of iade, Florida, actually

voting in an election called for such purpose Such election shall

be called by the County Commlssion of Paid County cf .a'1 -..ithin

six months after this Act becomes a law. The ballot for such

election shall be arranged so that each elector may reglster either

his approval or disapproval of tnEs Act. The said County Commission

shall canvass the returns of such election and if a majority of

the electors voting in said election have approved th!s Act, it shall

thereupon become effective.

i, Become a law wlthoput the QGBvrnor* approval
Filed in Office Seers tayl W-..iltt


-a-










HB 660 (bill abolishing the commissioners
of the Everglades Drainage District.)



reported out of house committee on drainage and
water conservation on May 16.

Passed house of representatives with amendment
making state board of conservation a coordinating
body on May 28 vote 47-35

































4 ..i, ., "
,. .:.' .' ., . -.'
.. ,........ . ,


I --


^.'








The real object of House Bill 660 is to pay off the

present bonded indebtedness of the Everglades Drainage Dis-

trict, and stop the tax burden which the district so un-

necessarily imposes. When House Bill 660 is passed, in

consequence of the liquidation process that must thereafter

follow, this indebtedness will be paid in less than four

years time. This would be accomplished by placing all debt

service tax collection and land sales funds in the hands of

the State Treasurer so there can be no intermingling or di-

version of funds, and the treasurer in turn will pay off the

bonds or will buy Government bonds with surplus funds so

they can be sold and pay the bonds that are not called when

they are due,

An estimated schedule showing the assets and liabilities

of the district is as follows:

Present indebtedness $3,500,000.00

Cash and U. S. bonds on $1,200,000.00
hand

Land and certificates owned
by E. D. D. (Estimated) 1,000,000o00

Two years' taxes 1,300,000.00

SEverglades debt (Drainage Dist)_
\ i ) .5J03 o 000.00 3,500,000.00

The proposed law will go into effect on July 1, 1947,

and upon liquidation of the District debt, the $100,000,00

plus per year that the State is now subject to in Everglades

Drainage District taxes, can go into the state's general

revenue fund,









The payment of Everglades Drainage District in-

debtedness one hundred cents on the dollar would be the great-

est advertisement Florida could have, and House Bill 660 will

accomplish this without any more re-bonding, re-financing or

re-lawyering and this last item has been costly.

Provision is made in House Bill 660 for the carry-

ing on of maintenance and new construction work in that part

of the District separated by counties, but this cost will

have to be paid by the area that is benefited in county units,

and will have to be approved by fifty per cent of the land

owners involved before the tax can be levied.

You will be told that the Everglades Drainage Dis-

trict cannot be operated as county units. Lake Okeechobee,

the St. Lucie Canal, and Caloosahatchee Canal are now controll-

ed and operated by the federal government. Why could not

the County Commissioners do as well or better than an out-

side Board, and thereby save these administration costs.

The county units wanting to be let out of the

district, to-wit: Martin, Highlands, Okeechobee, Collier,

Monroe and Dade and Glades would have to pay debt service tax.

If the county unit can pay bond debt after being taken out,

it can also pay administration service and new drainage and

maintenance costs in the manner provided in H. B, 660.

The Everglades Drainage District bonds are no

sinecure to Everglades Drainage Welfare. Seventy-nine and

one-tenth (79.1) of the assessed valuation in the Everglades

Drainage District lies in that part of Dade County that

lies west of 27th Avenue in Miami, In other words, there is










four times as much value in this area as in all the rest of

the Everglades combined. Practically all this wealth has

been created since 1920, and it did not take Everglades

Drainage District Bonds to do this. The Everglades Drain-

age District has not spent a dollar in construction or

maintenance work in approximately the last twenty years.

During this period of twenty years primary drainage work

in the Everglades Drainage District areas has all been done

by local districts, for instance in Dade County, to-wit:

the Dade County, Little River, Biscayne, and Southern

Districts,

This Bill provides a satisfactory method of

satisfying the obligations of the drainage system. All

funds of the Drainage District will be transferred under

it to the state treasurer to be placed in the Evebglades

Debt Service Fund and thereafter will be used only to pay

off the Distbict's obligations in Debt Service. At the

present time, there is nothing being levied in the way

of any new drainage cost tax, and all of the money which

the taxpayers are paying out for Everglades Drainage Dis-

trict now, is used for other than actual primary drainage

purposes.

Why preserve the over-all District Board, simply

for administrative purposes, when we can take care of bond

service without the big district and take care of all

drainage maintenance through the counties?and any new primary

drainage request likewise?


__ j








A debt service tax in the maximum amount pro-

vided for at present in the Everglades District law would

become mandatory under the new law on the lands in each

county.

Under H. B. 660 title to real estate will vest in

the state treasurer to be used, sold and disposed of by

him through clerks of circuit courts.

The criticism in the memorandum from the Chairman

of the Trustees is let by the amendment offered on the floor

of the House making the State Conservation Board a board of

coordination in case of dispute between the counties re-

lating to the drainage area,


Respectfully yours,








Everglades Drainage District
Comeau Building
West Palm Beach, Florida
February 16, 1948.








Mr. Ernest Graham,
Graham's Dairy,
Hialeah, Florida.

Dear Sir:

We are sending you herewith certain tabula-

tions requested at our conference in Tampa on last

Thursday, February 12th.

Very truly yours,



amar Johnson, Egineez
m






LJ/s
Enc.













1











rn.ri a T.. .TI &Nf 7--11Th- .n..


DATE OF

may 12915
Jen. 25,1947

Apr. 2,1947
May 8, 1947

July 10,i947
sept. 6, 147
Nov. 4,1947
Sov. 14, 947
Jan.22,1948
Jan.30,1 946
Meb. 6,1945


MOND

4301-4450
410o-43oo00
3066-30")
310-3140
83,6-3O0
C496-43LOO

44511450&
37613810
917.91.919
923 & 925
3881-3890
21
233.-234,
1981-1985
1526-1645
17 1-1810'


Tear
Normal
Maturity
a LtLe.L1


3-M2
3

3-1/2
3-11/2
3- 2
3-1/2
3- /2
3-/e


1970


os
1970
1969
1970
1970
1969
1955
1969
191
1963
1%2
1960
1961


Bond Irs.
~iraQ~Y


7I
1R
12
131


tat reset
to Maturity


147, 00*.0
41, 87.50
29,7oo.ODa
3,450,00
16,500.00
141,450.00
34,500.00
35,750.00
1,312.50
6,60.0oo
262.50
5,425.o00
2,537.50
21,.875.00
23,62o5.00o


Aeoruaed
Intaeret

$587.51
679.a6
2-

6.
Sa





4.76
los., a9
55,90
622.2e2
s622.22


Prealsi
lad -l


* 9,750.00
12,rncoJoo

2,250.o00

1,250.00
W, l O, 00


4,5oo.oo
500.00
00.00 oo
90.00
450. 00
4 o.oo
4.250.00


Saying to
Date tof


133,500,00o

32,450. 00
15,250-00
13I,200.00
3g,oo.oo
30,804.79
512.50
6,100.00
167.74
4,4l ,. 1
20031.60
17,002.75
1 L S' 06022. -1


2als.late


Apr.*
Apr.


1,1947
I I9
1,1950


* q *
w *
* S
* S
* S U
* *
Mst callable
Apr 1 1947
get ot lablne
Apr. 1,1955
Apr. 1,1955
* U


laterest
to Call

s 9,000.00
9,000.00
7,107.50



-1






13,125.00
l31a5.00


0*11l~2
assl-a9r


1 7,500.00
10, 000. 00
2,640.o00
2,250.00
250.00
1,250.00
10, 250. 00
2,500.00
2,o00.O0

500.00
I
4oo.0oo
200.00
2,000.00
2,000.00


Savin to
Date of
Call or

6 6,162.49






1,929.79
$l2.50

167.7
2,016.U1
I, 006.60
10,252.78
ij:0*


February 14, 1948


III


9AI. i10 RW5RIC
in plURCgE4l#-aorBaOsOa


~91~ nLh~l


--- --I


`---


FUCA-R


fad-I I


TMMATRATI AND


Al
'19











POSITION BONDED DEBT
BASED ON
NORMAL MATURITIES


Normal
Bonds Maturity
Numbered (April 1)


Amount


Retired
Maturity
Date


Amount
Purchased
Or Called


Amount
Bonds Out-
standing


1-75
76-150
151-225
226-310
311-400
401-495
496-595
596-705
706-780
781-825
826-950
951-1085
1086-1225
1226-1375
1376-1535
1536-1695
1696-1860
1861-2150
2151-2450
2451-2760
2761-2890
2891-3140
3141-3390
3391-3640
3641-3810
3811-3890
3891-4500


1946
47
48
49
1950
51
52
53
54
54
55
56
57
58
59
1960
61
62
63
64
65
66
67
68
69
69
70


3-3/4
3-3/4
3-3/4
3-3/4
3-3/4
3-3/4
3-3/4
3-3/4
3-3/4
3-1/2
3-1/2
3-1/2
3-1/2
3-1/2
3-1/2
3-1/2
3-1/2
3-1/2
3-1/2
3-1/2
3-1/2
3-1/4
:1/4
3-1/4
3-1/4
3
3


$ 75,000 $ 75,000 $
75,000 75,000
75,000
85,000
90,000
95,000
100,000
110,000
75,000
45,000
125,000 6,000
135,000
140,000
150,000
160,000
160;000 50,000
165,000 50,000
290,000 5,000
300,000 10,000
310,000
130,000
250,000 66,000
250,000
250,000
170,000 50,000
80,000 80,000
610,000 610,000
$4,500,000 $150,000 .$927,000


75,000
85,000
90,000
95,000
100,000
110,000
75,000
45,000
119,000
135,000
140,000
150,000
160,000
110,000
115,000
285,000
290,000
310,000
130,000
184,000
250,000
250,000
120,000


$3,423,000


Cash 2/13/48 $725,072.37
Reserve Fund(U.S.Bonds)500,000.00


Net


$1,225.072.37

$2,197,927.63


Bonds numbered 951 to 289 inclusive callable Apr. 1, 1955
2891 to 3810 Apr. 1, 1950
811 to 4500 Apr. 1, 1947


I I ( -A


4 ,





k:;~C~B


~ P~









Everglades Drainage District
Comeau Building
West Palm Beach, Florida
March 6, 1948.






Mr. Ernest R. Graham,
Okeechobee Road,
Hialeah, Florida.

Dear Ir. Graham:

At a conference in Tampa recently, you expressed concern over
the possible constriction caused by the abutments and boat lift at
the old dam site, immediately east of 36th Street. I have care-
fully gone into this problem and made a report of what I believe
to be the facts in the case, at the last regular meeting of the
Board of Commissioners.

The problem was approached from several angles and the values
that resulted indicated an obstruction to the channel at this point
of from one (1) to six (6) per cent. The problem is a difficult
one to determine accurately because of the varying factors involved
in the problem, a few of which are:

1. Changes in bottom grade and width in the lower canal.

2. The effect of large inflow of Tamiami Canal.

3. The varying effect of tidal backwater.

1. Local obstructions: wharves, piers, vessels, debris, etc.

5. Seasonal obstruction caused by aquatic growth.

It is also notable that the apparent constriction in the channel
of the Hialeah-Miami Springs highway bridge approaches that at the
site of the old 36th Street salinity control. Both constrictions
would have to be removed to realize even those percentages of in-
creased flow indicated by calculation at any point west of the con-
striction. The resultant benefit from such removal, after adjustment
in the flow profile, would still be of questionable value.

The aquatic growth in the channel is probably the greatest factor
influencing the flood discharge of this canal. During the past several
dry years, this growth was of great assistance in conserving water and
creating higher stages inland that retarded salt water intrusion to
some extent. However, during last year's flood, this growth in the
same manner retarded runoff and therefore had a detrimental effect. If
some mechanical means could be devised to remove this growth just prior
to the rainy season, it is believed an increased flow in the channel


_ _________













Mr. Ernest R. Graham


would be obtained. There are chemicals that would probably kill
this growth, but most are, I believe, toxic to fish or animals.

The Board, appreciating your interest in this matter, in-
structed me to transmit the gist of the report to you.


LJ/s


_ ii


<--. .1'


-2-


March 6, 1948.











V.IN C .! L- T Tk JU 1 C.NC T
i- :' ". .._.. .. ..":.A I. A ,. .O -. C. u.. Y .-,
a .'











PO-t ^: ." A .. ; .;l .A'TRI:T, a p t .li o
quad c jorporTion, and .T. ,r 5

DLIT.ICT, ...ublle *.unali ,e.ysporatio.l, 1

s t ,initor l's, a







g n' Cho rv : !,i e HA, v e n, le
_1x dn )xs I






m00. Lo, n, o ra, %Pi I'L.a.enti tL







he .ll or eioeplaint rilacld by ths pliLntiffa iftatS ini,

the answer o' i e .I den ant, Aind th evidot ce oau it-

tied r.cofe t .o'urt d y the rrpi' etaive n rti es.
fhl .. 4t.sifAs in tiis actiora pray for the

entry o n decros re3&itraininL, cn.' enjoinir4g the doesnde

wnt frow intertoint, dith tbt works of the 'r*ina$0

Txtstriot and pnrticulwly restra3ning and enjoining the

defendant froi roopeninh- any of te openirtan, or banking

any other opemni.;s In aL B y ot thw annals, if;vtes, dikes

or JtaSiesa of ithe pIJliWtia A in tche area rmntioned

TWe evidence dtlosei s that in 1J42 taha de-

rCondan obtained trom the plaintiff, board of 2onmwia-

aioners of Eiverasdes rainace rDistrict, a permit to


Paye 1.












out oertai- openSiA a I.nto tci SoutiLh iBIa;' of tUBe ;:Pouth

Sew i orn canal mi: 'i n. pe:ri4ti4. uito iqLe ae-'St of

the mnackE ri'.eek nails tEa.t rtde caid /teraiFt wasu

"ranted upon -:soa -Itlon that deln -dasnt would plae. nes

in sal.: opni-.:.i for the Turpoe o' controlling fthe

watrp, And later plaAti.ff required nas taonditjflon for

the. furt3hur .aCntiuanuoe c- ;,.rtaS. tat teiat defend*

ant d arl hiA lnear so au to pre'enmt h;ae wso'. iefnit of

water Tropim ut.i4de bla1nv s ea trt' t.4 iants of the der'ied-

anot n: inio the enial of tLLo li8sntil.f .- *ewrunit

called to ;o'iouply with.;it.er tor twiFdi >cui'.Itionijs arInd

t;..a *armtlt wile rvoked by 6;`i0 -ourdc 0or al."p.: :ore of

aid e ''izia;.;se patriotot .

t51On 1u .t i, u147 ':C ,..It >tiZ:, fl'pole&n 'A

b'roV rd ra raae ietr.x, lo*ed ru- m-mtrf.zi .1i botLSe*

e* .P -opfrnld t, bi.i. ;. .z aU l I.-?w "it.. *Ay of

Septofir, 147 rsi.' -.u;1 /s:wc'.6 e ain g .i.lonsnt F;r A.l.-e fiapeo

leon ''> -r'ow*-rd .cilF^, e 'td< swt ^e cuinSt rte

tWrAftt ews .ud ;u --op..,n all '4f ;'.ftLt.; *uat. rah ded'tw

aut invtln. fa1t. tsd o :L4e.lQ wW 1h n.flE: Coh?1lA:Jio ai j.Cpaon

ii&n wit p1 *-*t w's r ;.;.rhate. 'nnnot oemIlin e the

Rat'o. 3 f th. (s ia'rd ii retvo kin.. the Mfr.?', r "}*i te i.'

nothin., Irl the records to Ow ts;;itt l.:e 'ioard &aoted in

an Arbitramrl' or ilI(- a.1 mtier3a, or tehLjt h.'. defr.n.s.rat

wSn .fiuarinaianatd ns ,inet9

< h pusirp;? pl)oce j'ogr iw;SA the dtatrkiti wrVO area

d.h4 i.. .f.r. l rxt I c a.a rotal~ac t g oJL u3 knr 2la

Inc ludad within th( .'C1unfl.. ?tte oC a-iisi tsptriicts, 'he

vera;,1adsea r; EilSanc .atrtict wAs vofet. witnlhi ower

to (ieviw 1 pl..i or acilea y wopr1 Lt Jajds wisutajn zene

strict oould be drained iiad the waLtL ntrolled


Pajge 2e














so thee t h.- 1nis2 a;thikt i; reclainad and *sed. Th"u 'oard

was iiao vested with t.LIO AtIhority to PrimBulkate rules

ni- rel'tioe(,ns to rpry into cOrffet ain v.rIpall plan of

dyra en-, r a.UleMtfion. '*oweve?, t wVS nneeasar foro

t-1he J6oarm to &st as a toy i.n ...pti, t-xa iOhet' or Afl

far tt drakinfl.,O aEnd raclEsatigi, ac & tC& i poislwafing

Uo rF.1lues at ru.l .t1is NoM onew meWbr of tig th;oard was

vested wit- any authority to mwkN rAl1. e and rp Luat ions

affeoetin the. policy o tCie .nrd, but ti.he arP could Ap-

point n0owmoe FOi >a11iJnistra.tlive A Ot'n-'td, Q) oWft.i@@er to etnmry

into sf.icta a.i en;torc L- :, rulees arid va,F;i- tio1a. tilopted


"iurln. Xst pirofeas o t trial 0ce rtati fat.s

wIrt brw hu.t co ut i t:;. *L t.imony tuici: y At.r.t ,om9me atten-

tion. .iAhilet not asffntil5l to k dsclatibion in .-a.j uia13e

tZhUs4 re.4 flrY. :'vlted to Ua rmin u Aetfion an(d are

tn .fl'.orc, 1 /;on Ionialcri tian .y t is court.

After ti"e G<:r.'tion tf4e "vNrjladeB rvaqiRtBge

"iatr'iot :.tr hr' -t I rnirsatio; .o tvi*w jiorJ Qo ;Iuparvimtors

in ovLcrAlSl plan 'or t;6e dr;insa u aja reolaasntion of tiale

rl.?al lea Pwas niopted by t3 Le d'oufrdf. This plin pnrvided
for taii 4,;-.n o.' a nruber of rsnals, fcr tP h arrftion

SBa La-s, tnd the -sA.dldin, of dikes and .l-avef, and .for

the ereation o .'fl*Vq A an oulocts in sonm s4id. canals.

These atnIlt wnere exavated, suio am orf "ich wrt of 0 0s'-jf

."i^..,0, ..I.z. k &p*^t' 'o" '-0o ra t onts, wnd 0or

a nuima r ofaf years were Sflfiimt or tiae OnrPose for

wilca tL.y were dcoaiiderd. Por a n.I cr aL ore ywar iamt

caaot -ie Gansu have ;en allowed to deteriorate.

iamoarus ashals have oIrmd in the oanals Wan1dS hyainths

ave .tsri ?iitt-ed .row tip* r.i-t rin cwtandinL. in

smany ijnnstizanc for a nusmbor of -Ilens Tbey *hve long

sinoe otW'ind t navigable am- the free flow of water

wars ver raAch r. tde:d. Lit t-ouitewa s ivon to

r-b ft













this aitua ilon durinfje the past few years wwan the rain-

fral easmach below normal, newevier, .riint t.he ;aat

few ratbihs thiUs atedition has c gmed*.e The ratlrall

for this year .a,&a ieen 'ar aive normal. VEtly Ln July

the 'lad"i were covered with water atul the dike along

the; ?:la Dea&h saeaA had brokEn in severiIl 1.Iass and

6the bloodd *tewrs were flowmini across tait Coannerss Aig

way to siuch an Staate ttat flic was *staoppede Al.

though te-w waters contBiued to ri'o, aothn Wg. was CDone

to relieve the situation ezoept tie dike .long the

Pla Reasih Oanal was Pepaired and rsslsetde fo other

levees or dikes were repaired aind no effort was rmad

to move the oabstrucatiion in tw emals so m to per-

mit a tree flow of the wster. ifny low paOeas Ware

coMcpleteily o-r' d wioth watcrifl4 an; water wias *tanrdirn

between the rows a' orsmnoe i*rees. SuSa was the ,ene*

AtIon when the raiurriomanc f4sa oan sC-jeptewab* 17. The

excessive rainfall at this tA.-:-ie and Iamadiartely tWereL

after resulted in floe. condItions tlouu,.,..t prastLgal-

ly all of tasfl nlades area. This Gmanition bftd Letaossm

noerIous mWen te hua-rricBae or' October 11 came with a

very wavy rainfall,. ?naaue of t-o1e04 t*Qavy rialas and

tb). n.,looted corndition of the drsinaie eanmls, hundred*

of oesam were floZod an4 tuousmand of e of a a of Jajiry

forras, ;roves fare anti pasture lan-ds were C l coverd withi

water troma a few ilshe l to y several feet deep, end wiLX-

li;on af .ollfarsworth of property wan destroyed. The

odetral -)overnaBnt provided emeri*enao;y ."Unia w ahic we"

iaed largely by the rmowanrd o'rainieBw vis6trist pirth the

asprovsl of theb :*verglad .airna,,e "-AIstricht, mst of ter

fund Wbe iA: eOxpendtd 4n ded*i., U.ou t %&e ^-enakie retkl and

Cypress relk eanale. A Lfttle of these 1ni-s were ised

in the New -tivtsr sanalj in New ivmwr0 ni tFn i tti;,La. t

channel to the Atlantioe Oeen at thk"e sid of tUs ,SnLia canal.


Pam 4,




.-t


Thiren efforts 'rouS. lUtle relief fven if t&e (f.Oresrsa

2rteek an Et e A ? 'tn r4k.tr c'.lai Vmad r besn cleared out, t oy

were too small man.t Lotlly inadequate for tCno nerd tsue

areainvolned thea records falls t;h ais tat&t AmS 'work

waS >me o6n tua -e'alm .a .u LB illasre or .amtai c"rnalo.

ue te failure of t rninae ';itrPS.ct "0 uS'a

thtoe sdrA4.a.se agenoties to tk t'ulloet extnat, uatBh of the

tflo@ie ioaiitioni still ?%IreAl .

Tew County atluiaioirs xf OaAD County aVe

repaired ansm raistea tbe oraome "'lad, s.wad wriidah extends

along or nearS tie haciEdr'.ward t.L.tae tio tht Miami usnal.

T'hi; reiad prevvntas ti.-v natural soutiwurid -low of the

wator3C'U AuusgU.i n WOany o tt pcrt u'f t'rs al&aee

yliie, a at' G of 4t.e iver canal, ftad esat 0f2' tShe

Miati ats. Sh1e 1tot'ckin., -'ro0 ti.; w159 or t6e low

lying, eactl .u;@ Vf a.!e .ount;,' 1tni junt A:vywthlm of tthis

rPad, it baCoks p )4.6 water on t-.u lin-nr lyi:a,;. IAo.Ith t f

t'w- road, flo CA.'.iL a lar, I e rIt is ti:. dairy Tands in

-outfc reward ,.ounty. The ol outlet rfor tr il .et

,olume of water is tsia inaAdeos atfe liztt .*rawe Creeoc

canal. o e -co aas been .o.de K t.o VrPleRbdes .rain-

a>, taitrit -a o ;rai'ovide, amiy other outlet,
The one troblo ls ;ct in thia ntvalrct are' oiS

beer thlt :a in tA- iiortu Iew T1 iv&r oanal a-. On rnar

t?, 254-mile \-foi* 'The pur'.O.,e o 17 .misa woei to aid

in 4th ..a.ntrol of tne watt ai t :. tia c. .-traol- efftet

ad fl' tlw m -nia musl b ari.sl waieni soulr be te.ken out or

ropl oed v s.nevear necessary. T*i record iL silent as t

whetu'rr ti@e 'orp4 of tapervihrorm oa thie frpladts rain*

Afi-o P'ietriet ;asi ever a'dited a rPt-,d-U't-lo; i'ln, t.ie

aiufcth o"rf tf e water level at thin planes -'opl living

in L;i wctiaon contend ttftt if thie boards were placed In

tife am ;maroh *f tihet vl. Ma waters would i have en iheld

-a. a a it water in Ltie iran A r. oan 2i- ,y@ovev t'eoaw

tits daw aould hiave drineod t f hSe 1onenineer aasvrted











tha removal ofr t*i I.oar: woudi have little effect. twl:e

hfe -oads have been placed in tI ag and twice rtsraoved

by tit' *aiLaper.& He anid tihe chairman of thVe ;Ioanr of

upervslor bot.iP tert.iiL t .:at eir action wiams 'based

not on sIn rule or rexulttitn of tra Boaro, but bosaus

aof 'i&r*sB anILatiiudttation. Their ect aion based up=

soersion cannot be jwutiflaed uider tbs law, Viewed in

the liJht ato thee feeaos te1 c4 onolausion laI isnecwpuabUf

rthat eas a result of ti aaIlurp a ,e :i 'Astriet ta tales

sss* ',vfta? op ;tprtlJovid reo adreuate grainag, thb

people have un-Ierane many hardshipS awl have mustainrd

sllioni of aollaras in property 'aiase.

Tarn..nupon, 1 i.; It ., .tJIO.44 -an i.ir'-Da
tuat the defntai-vst -e, Ca i. t.a rs'ys ,re i,atnirIdj and

enjoind m :;utS tin, -any nop-.iBs in ha;,. sansa Or diteaS

oa any of tn ;intlh 0f te 'verjLades ?ln; l.e Iisttflct

withtaut first scuPring a ps miL frCm tf;O )o*Anl of uper.

vinsors of ijaitd i triot$.

.*ONA A: .' i this 'eatO er S 1),
1t47.
L447, a -


CIP.UI JU.7


Pt$ 8.












F. C. ELLIOT
SECRETARY AND ENGINE


MILLARD F. CALDWELL, GOVERNOR
TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND J. EDWIN LARSON. TREASURER
J. TOM WATSON, ATTORNEY GENERAL
OF THE STATE OF FLORIDA NATHAN MAYO, COMMISSIONER OF AGRICULTURE
C. M. GAY, COMPTROLLER

ER
TALLAHASSEE, FLORIDA


April 23, 1948





Mr. Ernest R. Graham
Graham's Dairy, Inc.
Hialeah, Florida

Dear Mr. Graham:

Your letter of March 21st has been received re-
questing that the Trustees withhollaction on the
proposal of Board of Commissioners of Everglades
Drainage District to have the Trustees of the
Internal Improvement Fund join in a suit to
determine the rights of Everglades Drainage
District in the matter of right of ways for
the District's canals.

The above matter was presented to the Trustees
of the Internal Improvement Fund on March 30th
last. The action of the Trustees was to defer
consideration of the entire matter till after
June 1st, 1948.

Very truly yours,




F. C. ELLIOT
FE/b Engineer and Secretary
FCE/b












April 21, 1948











Mr. Fred Elliott, Secretary
Internal Improvement Board
Tallahassee, Florida

Dear Mr. Elliott:

There was an article in a recent issue of the Miami Herald
which stated the chairman of the Everglades Drainage District
was trying to get the I. I. Board to join in a suit to make us
remove our houses from the canal bank. As you know, some of
these houses have been built twenty-six years.

I would appreciate it very much if you would do what you
can to hold up any action on this until after the primary
May 4 and I oould have an opportunity to appear before the
Board and present the facts.

Sincerely yours,




Ernest R. Graham


ERG:b










- The .nlg time shown in the date line on telegram and day leters is STANDARD TIME at point of origin. Time of receipt is 8 &N ARD TIME at point of destination
-, NA199 DL MP%4 tTALLAN H E W 6 1222P '
948 APR 6 PM 12 50.
, ...- - E T -R - -. r I -A.
HON ERNEST R QRAHAM 6 M 2 5
.r 1 IIALr HAMS DAIRY INC HIALEAH FLO-

/" RELET MARCH 31, 1 DO NOT BELIEVE THE I. [. BOARD WILL
JOIN IN THE SUIT YOU REFER TO, AT LEAST NOT FOR
THE PRESENT ANYWAY REGARDS=
SNATHAN MAYO COMMISSIONER OF AGRIC.

.- r V
-- -- ", -


'.- ,"3 1 I I.
THE COMPANY WILL APPRECIATE-dUGGESTION FROM ITS .PATRONS CONCERNING ITS SERVICE












C. M- GAY
COMPTROLLER





April 5, 1948



Hon. Ernest R. Graham
Graham's Dairy, Inc.
Hialeah, Florida

Dear Senator:

Your letter of March 31 reaches the office during
Mr. Gay's absence. As you know, he is quite busy
these days campaigning, as are almost all the other
cabinet members' for that reason I do not believe
any action will be taken on the matter referred to
in your letter until after May 4th.

If you have not written Mr. Elliot, Secretary to the
Trustees of the I.I. Boart~,in-,-I e'gartothe matter
it might be well to write him a similar letter, so
that he would be sure to hold up on this in case some
of the members should have a hurried meeting.


JMG/rw






I l


,V OFFICE OF THE
5i ATTORNEY GENERAL
STATE OF FLORIDA
oS TALLAHASSEE

J. TOM WATSON April 5, 1948
ATTORNEY GENERAL



Mr. Ernest Graham
Graham's Dairy, Inc.
Hialeah, Florida


Dear Ernest:

Your letter of March 31, relating to what you
hear to be contemplated action by the Everglades Drainage
District with our Board to force removal of houses from the
canal bank, has been received and carefully noted. I will
be glad to keep an eye on this and do what is necessary to
interpose vigorous and appropriate objections, as well as
give you notice of any portending moves and actual steps in
the matter.

I am enclosing copy of instructions to Mr. Leitner,
marked "personal and confidential".




J. Tom Watson
Attorney General
JTW:1
Incl.










PERSONAL AND CONFIDENTIAL


April 6, 1948




MEMORANDUM TO: Mr. Sumter Leitner, Assistant Attorney General.

The attached letter from Ernest Graham has been an-
swered by me, as per copy of letter attached. Please give the
matter your careful attention to conform to my letter as noted
by said attached copy.

I would also like that you take this matter up with
Fred Elliott in your own way and have him notify you of any
action in the direction feared by Graham, from any source.



J. Tom Watson
Attorney General
JTW:l
Incl.
















J. EDWIN LARSON


STATE TREASURER
INSURER ANCE COMMISSIONER
M STATE FIRE MARSHAL
TALLAHAS SEE FINANCIAL RESPONSIBILITY DIVISION

April 5,1948









Honorable Ernest R. Graham
Hialeah, Florida

Dear Ernest:

Many thanks for your letter of March 31,
requesting that action be held up on the suit of
the Everglades Drainage District so that you might
be given an opportunity to appear before the
I. I. Board and present the facts.

There is no hearing scheduled on this matter
at this time, and the Trustees will make a
thorough investigation before any hearings are held
in connection therewith.

With kindest regards and best wishes, I remain

Yours sincerely,



J. Edwin Larson
State Treasurer
jel/af


I~ (







I


SITAw BROTHERS OIL COMPANY
DISTRIBUTORS OF PURE OIL COMPANY PRODUCTS
GENERAL OFFICES
MIAMI, FLORIDA
P. O. Box 1899

HENRY O. SHAW
PRESIDENT April 2, 1948








Sen. Ernest R.Graham
Okeechobee Road
Hialeah, Florida

Dear Ernest:

I am enclosing herewith copy of a letter,
which same letter I have written to each
member of the 1I. Board, as .well as copy
of letter to each lr. W.E. Leach and Mr.
Clarence Moody asking them to write simi-
lar letters.

Kind regards.

Sincere



0. Raw

HOS :RJ


ends.








CC: Sen. Ernest R.Graham
Okeechobee Road
Hialeah, Florida





April 1, 1948

on. Millard F.Ualdwell
Governor
:tate of Florida
Tallahassee, Florida

Dear Governors

I have noted .from the press that the trustees of the Internal
Improvement Fund have declined to join in the fight being
waged by the ivergladea Drainage Dia rict to take away from
property owners their property along the MiamL Canal.

Uany people, including my brother and myself, who own property
adjacent to the Miami Uanal, have spent large usna of moaey
inprovinm it and until this recent action caam up, have never
heard of ary rights to the canal take held by the Everglades
Drainage District.

I certainly hope that tih Board will not give arq support to
thca verglades trasinage District at this time, nor in the fu.
ture, because if each support Is given, a great mag innocent
people iwho have improved the property along the banks of the
canal ill be seriously injured and will be forced into an ex-
pensive, defensive posi ion with a threat of losing their im-
provements running into Several Hundred Thousands of Dollars or
maybe even into the Millins.

Instead of' widening the canals, the County Comission of this
County has approved, but not yet comenoed work o, a lock and
dam in the canal which will restrict the flow of water. Thus,
we find two public bodies working at cross purposes one, try-
ing to take away the land along the canal bank for more right
of way and the o+ter one, making it impossible for more water to
flow through.

I hope tlat the people, including ourselves, who are placed in a
position of jeopardy by reason of the actions being taken by the
averglades Drainage District bill have the full support and prote.-
tion of the Truateea.

Kind regards.
Aineerely



8. .haw
HOS taj

















April 2, 19U8


Mr. Clarence B. Moody
29714 .W. North River Drive
Miami, Florida

Dear Clarencei

I as enclosing a copy of letter which I have
written to every member of the Trustees of
the Internal Improvement Board about the matter
of the Everglades Drainage District trying to
dispossess the people along the Miami Canal
bank of land which the everglades Drainage tis-
trict now is trying to claim.

I think you should write a similar letter but
not in the exact same language, to wery member
of the Board of Trustees of the Internal Improve-
ment Fund.

The members areas

Hon. Millard P, Caldwell Governor
Hon. Nathan Mayo, Coamissioner of
Agriculture
Hon. J, Edwin Larson State Treasurer
Hon. Clarence M.Gay Gomptroller
Hon. J. Toa Watson Attorney General

Kind regards.

Sincerely



H. O.Shaw

HOS:RJ

enles.
CC: Sen. Ernest R.Graham /
Okeechobee Road
Hialeah, Florida

















April 2, 1948


Mr. W. E. Leach
Leach Construction Company
3850 N. W.. North River Drive
Miami, Florida

Dear Bill:
I an en,.losing a copy of letter which I have written
to every member of the Trustees of the Internal
Improvement Board about the matter of the Everglades
Drainage 1District trying to dispossess the people along
the Miami Canal bank of land which the Everglades Drain-
age District now is trying to clnm.

I think you should write a similar letter but not in
the exact same language, to evWy member of the Board
of Trustees of the Internal Improvement Fund.


Hen.
Hon.
Hlion.
Hon.
Hon.


Millard F.Caldwell
Nathan Mayo
J.aduwin Larson
Clarence M.Gay
J. Tom Watson


Governor
Commissioner of Agriculture
State Treaurer
Comptroller
Attorney General


Kind regards.


Sincerely



H. 0. Shaw


HOS:RJ


encl.

CC: Sen.Ernest R.Graham
Okeechobee Road
Hialeah:, Florida













March 31, 1948


Honorable Nathan Mayo
Department of Agriculture
Tallahassee, Florida

Dear Nathano


There
chairman of
I. I. Board
canal bank.
years.


was an article in this morning's Herald which stated the
the Everglades Drainage District was trying to get the
to join in a suit to make us remove our houses from the
As you know, some of these houses have been built 26


I would appreciate it t@ry much if you would hold up any action
this until after the primary May 4 and I could have an opportunity
appear before you and present the facts.


Sincerely yours,



Ernest R. Graham


ERGab

Same Letter sent :
Honorable Tom Watson
Honorable Ed Larson
Honorable Clarence Gay


I --- ..- - .


.n...-:-.-









1- -ies Dr- iage District
P. O SOX 1671
,eau Building
West Palm Beach, Florida
July 16, 1951















( Mr. Earnest R. Graham
Graham Dairies, Inc.
Okeechobee Road
Hialeah, Florida


Dear Mr. Graham:

The enclosed report on the status of Everglades
Drainage District Indebtedness as of June 30, 1951
is forwarded for your information.

Very truly yours,


Vera A. Gaffny
Ass't. Treasurer
G /vg
encl.


. __ i


- '(;"r;;r*l*? m~l' ..;r.











EVERGLADES DRAINAGE DISTRICT
RETIREMENT SCHEDULE
OUTSTANDING INDEBTEDNESS
June 30, 1951


PRINCIPAL
MATURITIES


100,000. 00


108,000.00


96,000.00:


117,000.00
1,612,000.00

2,033,000.00


INTEREST

35,901.25
35,901.25

34,026.25
34,026.25

32,001.25
32,001.25

30,257.5
30, 257.50
64,480.00*

328,852.50


PAYING
AGENTS FEE


101.65
201.65

96.65
204.65

91.25
187.25

86.45
1,815.45


2,785.00


TOTAL

36,002.90
136, 102.90

34,122.90
142,230.90

32,092.50
128,188.50

30,343.95
149,072.95
1,676.480.00

2,364,637.50


*Premium on callable bonds


INTEREST AND SINKING


FUND 6-30-51


Cash
U. S. Government Bonds


34,565.00
1,425,000.00


1,459,565.00


ANTICIPATED RECEIPTS


1951 Taxes
1952 Taxes & Sale of Assets
Interest on Investments


500,000.00
255,072.50
150,000.00


905,072.50


2,364,637.50'


1950- Taxes Collected to 6-30-50


DATE

10-1-51
4-1-52

10-1-52
4-1-53

10-1-53
4-1-54

10-1-54
4-1-55
4-1-55


,TOTAL


I


503,093.47















Srr 9, 1'"'


Mr. John Lykes
P. O. Box *'."'
',.". 1, "i. 'id:

P.-i-'1 Johns


I have received the corpy
An" time ~'nr the 1 '- ~ to. the


'ln se advise me as soon
I ean meke "' plans.


of your ltter to r '... ..,
?0tlh will be o. k, ,ith


rS you' knowi "''"i.,-, t;."- o


Sinccerel'r !rour;:,


*









LYKES BROTHERS INCORPORATED
RANCHERS MEAT PACKERS CITRUS GROWERS
o 3 F~ -= .- I- 1 J S TR E ET


J.W.LYKES
EXECUTIVE VICE PRESIDENT


TAMIAr 1, FLORmDA

March
5th
1949


Mr. Sam C. Collier,
The Collier Corporation,
Everglades, Florida



Dear Mr. Collier:


Please pardon the delay in replying to
your letter of February 28th which was received
during Mr absence.

Since Mr. Copeland will be in Florida
March 15th let me suggest that you select a date
between March 15th and 20th most suitable to you
and Messrs. Copeland and Franklin. ',e can meet in
ay office and I will also have our attorneys present.

Please let me hear from you as to the date
you may select.

With kindest regards, I am



Yours sincerely,



J. JW. Lyke


cc-Mr. Ernest R. Graham,
Hialeah, Florida


CABLE LYKES"
P. 0.ox 2879












February 28, 1949






Mr. J. W* Lykes
P,. 0. Box 2879
Tampa 1, Florida


Dear Mr, Lykest


Thank you for your letter of February 21,
in which you suggest that 'essrs. Graham and
Copeland and ourselves get together for a meeting
early in March to discuss our litigation in
Tallahassee.

As you no doubt know, our cases are set for
argument in the Supreme Court at 9:30 A. MT or.
Tuesday, March 8th. 'r, Copeland will not be in
Florida until March 15th. Q all probability,
I will go to Tallahassee onbi tuesday as 0Mr, Franklin
has suggested that I be present. If you will let
m5 know your views on when we should meet, I will
be -lad to co.ne to Tam-pa at your convenience,

With kind regards, I am


Very sincerely,


0OLLIX. C !PS
SCC:Jsw


Sam C, Collier.


00s Mr* Ernest R. Graham
^--------^.^ ._.-ss ta^ r.-




~t~ij~~-


::ic
I;+









LYKRS BROTHERS INCORPORATED
RANCHERS MEAT PACKERS CITRUS GROWERS


TAlPAa 1., FOitRIDA.
J.W. LYKES CABLE "LYKES"
EXECUTIVE VICE PRESIDENT March P.O.BOX 2879
llth
1949











Mr. Ernest R. Graham,
Graham's Dairy, Inc.,
Hialeah, Florida


Dear Ernest:


It was agreed when talking with Mr. Sam

Collier this morning on the telephone that we would

meet in my office at 10 o'clock Friday morning, March

18th. I shall look forward to seeing you at that

time.

Best regards!


Sincerely,




> ~. 'Lykes6


f (/0 / Y?*


'.4


-1
/I


_


.,.,~~~


?!rdy~p;"r~ibr~n":d!





Should Be Decided`
A decision should be prompt in the suit
brought by the Everglades Drainage Dis-
trict to determine its rights of way along the
Miami canal with the view to stopping con-.
eO struction of houses and shacks between the
o? highway and the waterway.
r*-4
SThe matter should bebrought to issue.
It is essential to the lprop':oed $205,0:)00,i000
Federal-Florida water control project that
rights of way along canals be fully clarified.
If the occupiers of the property have no
right there; or if the District has no right in
law to the land as it claims, now is the time
to find out.
Should the .decision be adverse to the
Sr District, there would still he tiiie eto enact
* .r legislation necessary for canal maintenance.
- To wait two years until another legislature
.-H
W0 v.ould delay the flood control program to
the extent that the District could not pro-
vide unencumbered rights of way for the
project.



















Wednesday, March 30. 1949 THE MIAMI HERALD 7-B,


Glades Drainage Office


Asked To Push Appeal


The Everglades Drainage Dis-
trict will be asked by the Dade
county commission to push its ap-
peal of a .court case fnvolring
rights-of-way along the Miami
canal.
A .resolution adopted Tuesday
instructed Par.' Campbell county
attorney, and E. A. Anders.n,
county engineer, to attend a meet-
ing of the drainage district :com-
missioners ThIrsday at 10 a. m.
in West Palm Beach to present
the county's arguments. -- -
The court fight involves 50.
foot rights of way along both
sides otfthe canal. The drainage
district claims its right to this
while private owners- h ave
claimed property to the edge of:
the canal.
The.'drainage district LTst "the
case -in- circuit court and nas
appealed. -"
But, the county commission was
told Tuesday,. iew members of the
drainage district -are reportedly
considering dropping the appeal


from the circuit court ruling.
"That would affect .other -righ-ts
of way needed in. the overall
water control program," Preston
B. Bird, commissioner, asserted.
"We have to establish the right
to the right of waYy or spend mil-
lions of dollars acquiring it.:"
"The public interest demands
that the courts be permitted to
make a final decision on the
question." --












April 12, 1349









Mr. ailliam Leach
C/o City Transportatin7 Co,
West Palm Beach, Florida

Dear Bill:

Enclosed herewith is the article about the meeting in Hialeah
I told you I would send you e couple of 'enek.3 ago. I have been
trying to get you on the phone without any success.

I would like to get a copy of Park Campbell's rerserks at
the last meeting of the board* I understand yo1r stenographer
took it do-.. If she did, I wonder if I could q-t a cop,,.
When T tanl-ed with Sar Collier he told me heat you said. I
want to tV-ink -. u. for the .inf r-nFatlon.

Sincerely yours,




Ernest R. Graham


Enc.











EVANS, MERSHON, SAWYER,JOHNSTON & SIMMONS


W. I. EVANS(1893-1938)
M.L.MERSHON
HERBERT S.SAWYER
THOS.McE.JOHNSTON
O.B.SIMMONS,JR.
JAMES P. REEDER
G.C.CONNER
ATWOOD DUNWODY
W.O.MEHRTENS
W. E.DUNWODY, JR.
ROBERT B.COLE


June 15, 1949


Honorable E. R. Graham
Hialeah, Florida

Re: Board of Commissioners of Ever-
glades Drainage District v.
Ernest R. Graham, et al.

Dear Senator Graham:

We have just been advised by the Clerk of the
Supreme Court of Florida that the appeal taken to the
Supreme Court of Florida in the above entitled cause has
been dismissed.



Very truly yours,




For the Fr


CABLE ADDRESS
"EVANSON'

TELEPHONE 3-6451


FIRST NATIONAL BANK BUILC'iNC
POST OFFICE BOX 1390
MIAMI 8,FLORIDA


" ""'


~14






.*'
-P --A'


IN THE CIRCUIT COURT IN AND FOR PALM VEACI COUNTY, PLORIDA

IN CHANCERY



LYKES BROTHERS, INCOR,'ORATED, )
COLLIER COEPORATION, A Corporation )
and ERK4EST R. GRAHAM,

Plaintiffs )


Vs. )

BOARD OF COMMISSIONERS OF EVERGLADES)
DRAINAGE DISTRICT, a public quasi-
corporation.

Defendant
***** ***r****~** **,** *

BILL OF COMPLAINT

TO THE HONORABLE JUDGES OF THE CIRCUIT COURT IN AND FOR
PALM t:EACH COUNTY, FLORIDA, IN CHANCERY SITTING

Come now, LYKES BROTHELS, INCORPORATICD, COLLIER CORP-

ORATION, and ERNHST H. GRAHAM, as Plaintiffs by their under-

signed solicitors, and bring this tLelr Bill of Complaint

against BOIRAD OF COMMI:',SIORNErS OF EVEEGLADES DRAINAGE DIS-

TRICT as Defendant, and thereupon complaining show unto

the Court as follows:

1.

(a) LYI:ES DROTHERS, IPCORPOI.AT5D is a corporation

authorized and existing under, the laws of the State of

Florida, with its principal place of business in Tarnpa,

Hillsborough County, Florida: COLLIER CiORPORATION is a

corporation organized and existing under the laws of Del-

aware, and authorized to transact business in the State









of Florida, with an office in Everglades, Florida; ERNEST
R. ORAHAM, is a citizen and resident of Dade County, Florida,

(b) EVERGLADES DRAINAGE DISTRICT is a public quasi-
corporation, created by the Legislature of the State of
Florida and the BOARD OF COMMISSIONERS OF EVERGLADES DRAIN-
AGE DISTRICT (hereinafter sometimes called the Board) is

the governing body of the said Everglades Drainage District
and has all the powers of a body corporate including the
power to be sued by its name in any court of law or equity.


II.
Everglades Drainage District (hereinafter sometimes
called the District was created by the Legislature of the

State of Florida, for the purpose of draining and reclaiming

certain lands within the boundaries of said District, and
the creation of said district and its powers, duties and
authority have from time to time been fixed by the Legis-
lature of Florida, as will appear from Chapter 14717, laws
of Florida 1931 (hereinafter sometimes referred to as the
1931 act) and Chapter 20658, laws of Florida, 1941 (here-
inafter sometimes referred to as th'. 1941 act),


III,
For the purpose of constructing canals, drains,
dikes, dams, locks, reservoirs and other works necessary
for the drainage of lands within the District, the Board
issued from time to time between November let, 1915 and
January Ist, 1925, bonds having the principal value of

$11,250,000.00. For the purposee of refunding certain of
said original bonds, refunding bonds in the amount of










$3,842,000.00 were issued from time to time. On June 13th,
1941, said District bad outstanding indebtedness in excess

of $16,000,00.00, and the principal and interest on said

bonds had been in default for some ten years.

IVY
After the passage of the 1941 at, the District filed

with the United States District Court in and for the

Southern District of Florida, a Petition for Confirmation

of a plan of composition in bankruptcy, said plan setting

forth all the indebtedness of the District and outlining

a method whereby the indebtedness would be settled.

through advances by Reoonstruction Finance Corporation,

and the acquisition of the outstanding evidences of in-

debtedness by it. Said plan was approved by the

District Court, on larch Gth, 1944, and the plan of com-

position was consummated by the District delivering to

reconstruction Finance Corporation, bonds inthe amount

of ;5,872,000000, in full settlement and discharge of the

prior indebtedness of the District,

Thereafter the Doard adopted resolutions authorizing

the issuance of *4,500,000.00 of refunding bonds for the

purpose of repaying indebtedness of the District to Re-

construction Finance Corporation, and thereafter said

bonds were validated and the District sold said refunding
bonds, and paid anf discharged its obligation to .econ-

struction Finance Corporation, and after Decerber 1st,

1944, the only indebtedness of the District was said re-

funding bonds in the amount of ..4,5D00,00.. Plaintiffs

are now advised and so allege that the District has now retired









by payment or purchase, refunding bonds having an aggregate

value of r 491,000 leaving outstanding, bonds aggregating

$4,009,000.00O

VIW

By the 1941 act, the territory lying and being with-

in the District is divided and constituted into several

sones, and for the purpose of enabling the Board to pay

the principal and Inteut on all obligations of the Dish

trict including refunding bonds thereafter issued, the

Board is authorized, empowered and directed to levy and

impose within the District, certain special taxes or assess-

ments upon all of the lands within said District, the

amount of such tax varying in the several zones. The

said special tax or assessment is designated as the
"Debt Service Tax," and the 1941 act expressly provides

the proceeds of the Debt Service tax shall be paid into

the Debt Service Fund of the District, established under

the provisions of the 1931 act. The 1941 act further

provides there shall also be paid into said Debt Service

Fund, the proceeds thereafter received by the 'Board of

any acreage tax thereto levied by or for Everglades

Drainage District, including proceeds from redemptions,

sales of tax sales certificates, t;ax liens and land,

and any funds in the treasury of the District at the time

the 1931 act became effective, except such funds as rep-

present proceeds from ad valorem taxes.

VII,

The 1941 act further provides that at the expiration

of two years from the date said 1941 act became a law, the

fee simple title to all lands against which there remains

outstanding any tax sales certificates or tax liens, shall








become absolutely vested in the Board of Commissioners

of said District, and every right, title or interest of

every nature or kind whatsoever of the former owner of
said property, or anyone claiming by, through or under

him, or anyone holding any lion thereon, shall cease and

be at an end, and said Board is authorized and empowered

to sell said lands as provided by said act.


VIII.

Said 1941 act further provides any lands to which
the Board shall acquire title may be sold for the beat

price obtainable therefore* All sales of land are re-

quired to be for cash or upon terms and security to be

approved by the Board, but the Board is prohibited from

executing any deed until full payment shall have been

made for all lands included within any such deed. Before

selling any land, it is the duty of the Board to give

notice as provided by law.



IXI
From time to ti!.e the said Board has acquired the

title to large tracts of land lying within said Distrtct

including lands lying and bolng in Palm Beach County,

l'lorida, and said :-oard now holds title to said lands for

the use and Lenefit of the Debt Service 'und of said

District, and said Board !.s ;.'rohlib.ted by the terms of
said act from conveying orotherwise dLsposin- of any

lands to which it may have acquired title except as in

and by said act prescribed, and when such sales are
made, the said board is required to place the proceedss

thereof in the Debt Service lund of said District.










(a) At the 1947 session of the Legislature of Florida
the said Board caused to be Introduced and passed as a

local Till applicable to Palm eachh County, Chapter 24,322

Special Acts of the Legislatume of Florida, 1947, section

One of said act being as follows, to-witt

"SECTION 1* The Board of Commissioners of Evergladea
Drainage District shall have the power and authority to
convey and transfer to the UnLted States, or any depart-
aent of the Government thereof, any land lying within the
confines of that certain area in Palm Beach County, Florida,
heretofore designated by sald Board for water and soil con-
servation, to-wit:

Bounded %a the north by township line 44/45, on the
west by Range line 39/40, on the south by Hillsboro canal
and on the east by the western boundary line of Lake north h
Drainage District; said lands being located in Township
45 South, Range 40 hLastj Hiatus 45/46 South, Range 40
East; that part of Township 46 South, Hange 40 East,
lying north of Hillsboro Canal; that part of Township
47 South, Range 40 Erat, lying North of Hillsboro Canal)
Township 45 South, Range 41 East, Township 46 South,
Range 41 East; that part of Township 47 South, Range
41 East, lying 1orth of lillsboro Canals and also any
land lying within the confines of the proposed or estab-
lished Everglades National Park, any title to which is,
or may hereafter be, vested An said Doard of Commissioners,
or any interest in or pertalninw to any of said land,
upon such terms as may be agreed upon between said Board
and the United States, or any department of the Government
thereof whenever it shall seem to said Board that to do
so will redound to the benefit of said Everglades Drain-
age District; subject however, to the provision that
said board may in its discretion require that the said
lands be controlled and operated with due regard to the
obligations and needs of Cverglades Drainage District
with respect to drainage, water control, reclamation and
conservation."

(b) Plaintiffs allege that the area referred to and

heretofore designated by said Board for w&.ter and soil

conservation, a;.; rates over 70,090 acres of land 16-
cated in the southeasterly part of i-almt Zeach County,

and that the ownership dt said lands is as follows, to-wit:

Everglades Dratinane District 4,120 acres
Everglades Dralniuge district
jointly with Trustees I. Il
fund 24,410 acres
t.verglades Drainage District
jointly with I'alm -each County 3,320 acres
State Board of Lducation 3,200 acres
Trustees I* I. Fund 35,050 acres









(o) That said Chapter 24,322, laws of Florida, Sjicial
Acts of 1947, attempts to vest power and authority in said
Board to convey and transfer to the United States, lands
owned by said Board as hereinabove set forth, of which

the Board holds title to 4,120 acres and Joint tile
to 27,730 acres. That any such conveyance is authorized

to be made without compensation or benefit to the Debt

Service Fund of said District, and contrary to thet terms,
provisions and conditions of the 1941 act.


XI.
That Plaintiff LYKES BROTHERS, INCORPORATED, is the

owner of approximately 186,268 acres of land located within
said District and situated in the counties of Glades, H!endry

Highland and Broward; that the plaintiff COLLIER CORPORATION

is the owner of over 400,000 acres of land located within:

siad District and situated in Collier and Hendry counties;
that the Plaintiff ERNEST H. GRAHAM is the. owner of over

4450 acres of land located within said District and situated

in Dade and Broward Counties. The lands of the Plaintiffs are
subject to the Debt Service Tax prescribed and levied by

the 1941 act, and from year to year Plaintiffs have paid

said taxes. The lands of the ;'iaintiffs will continue to

be subject to Debt Service Taxes until all of the bonded

indebtedness of the said District shall have been paid

and discharged in fu1l, or until such time as sufficient
funds shall have accumulated in the hands of the Board with

which to pay and discharge the bonded indebtedness of

said District.


I








XII.


The lands of the plaintiffss are' for the moat part
located great distances from Palm, each County, and the

creation of a water and soil conservation area in Palm

Beach County will be of no benefit whatsoever to the

Plaintiffs or their said lands, and the Legislature of

the State of Florida was without power r r authority by

way of a special or local act applicable to Palm Beach

County, to authorize and empower said Board to convey

and transfer to the United States, or to any one lose,

any port on of lands within said District, title te which

has been acquired by said Board, and i'laintiffs say that

said act is unconstitutional and void.


XIII.
Aa hereinabove alleged in Faragraph X (a) of this
bill, the defendant has announced its determination and

intention, under Chapter 24322, supra, to convey the lands

there, described to the United States, without receiving

payment therefore at present market value, and, in fact,

without any compensation whatsoever, except .suc l rbulous and

imponderable consideration as the defendant in its own

judgment may conclude the Drainage DIstriot or some portion

thereof may receive Indirectly and eventually, as a result

of the establishment of a National Park to the south and

west of said Drainage District; or, of the maintenance of
a water and soil conservation area on such conveyed lands;