Trustees of the Internal Improvement Fund v. Root

Citations

• 59 Fla. 648

Syllabus

<p>1. The legislature did not lose control of the lands “irrevocably vested” in the Trustees of the Internal Improvement Fund of Florida by chapter 610, approved January 6, 1855. All the authority possessed by the legislature before the enactment of chapter 610, Laws of Florida, with reference to the lands “irrevocably vested” in the trustees by that act, was possessed by the legislature after the passage of the act, except that no vested rights could be impaired by subsequent legislation.</p> <p>2. The powers and duties of the Trustees of the Internal Improvement Fund with reference to the lands “irrevocably vested” in them in trust for stated purposes, are subject to legislative control when property rights of third persons are not involved.</p> <p>3. While acting within their statutory authority, the discretion of the Trustees of the Internal Improvement Fund when exercised in good faith and with due regard for the trusts committed to them, will not be controlled by the courts; but if the lands vested in the trustees for the purposes of the trusts are not necessary for the execution of the original public trusts that are actually being performed and for which performance obligations have been assumed by the trustees, the legislative direction that the lands be sold in small quantities at a greatly reduced price to actual settlers should be observed by the trustees.</p> <p>4. While the' courts will not force the trustees of the Internal Improvement Fund to perform a later trust to the neglect of an existing original trust actually being performed where it appears that the lands are not sufficient for both trusts, yet if it does not appear that the lands are insufficient for both trusts, the superior power of the legislature to direct the disposition of the lands must be recognized and enforced by the court.</p> <p>5. It is within the power of the legislature to direct that the lands held by the Trustees of the Internal Improvement Fund be sold to actual settlers a