State ex rel. Peruvian Phosphate Co. v. Board of Phosphate Commissioners

Citations

• 31 Fla. 558

Syllabus

<p>1. The act of June 9th, 1891, Chapter 4043, relating to the phosphate interests of the State, asserts an absolute right of property -upon the part of the State in the phosphates lying in the beds of her navigable waters, and the exclusive dominion of the State over the same. Its theory and policy are inconsistént with a property right or ownership therein by others, either under the riparian act (Sections 454, 455, Rev. Stat.), or otherwise.</p> <p>:2. An application by a party to the Board- of Phosphate Commissioners for a contract under the statute relating to the phosphate interests of the State, and the institution of a judicial proceeding to enforce an. alleged preference under the provisions of such statute, are admissions of the jurisdiction of the board and of the property rights of the State as to the phosphate interests involved.</p> <p>•3. The concession made by the State of the right to dig, mine and remove the phosphates lying under the navigable waters of the State is not absolute, but purely conditional. The conditions are, that one desiring to engage in the business shall enter into a contract with the Board of Phosphate Commissioners, as contemplated by the statute.</p> <p>4. The Legislature in the exercise of its asserted power to concede the right to take phosphates lying in the beds of navigable waters, has made no discrimination between persons, except to provide that “ preference ” shall be given to riparian owners, and to those who may have commenced mining or preparing to mine prior to the passage of the act. This preference is a mere priority of opportunity for the preferred parties to engage in the business of digging, mining and removing phosphates from the beds of navigable waters, under the terms and conditions of the act, if they desire to do'so. The “preference” is not assignable as such, or independent of the riparian ownership. .</p> <p>5. A riparian owner, within the meaning of the statute of June 9, 1891, relating to the phospha