BIENNIAL REPORT OF THE ATTORNEY GENERAL
635
MISCELLANEOUS
January 13,·1933.
RECONSTRUCTION FINANCE CORPORATION ACT-FEDERAL
COURTS HAVE JURISDICTION··
Dear Sir:
I am in receipt of your letter of the 11th instant making inqUiry
if a justice of the peace or the county judge may issue an injunction.
restraining the unemployment relief counsel from breakjng the Re­
construction Finance Corporation Act of 1932.
In reply, I beg to say that in this State authority for issuing in­
junctions is vested in the Circuit Courts and· not in justices of the
peace or county judges.
In this connection, however, I beg to say that since the acts com­
plained of are with reference to a Federal statute and the action of
officers under the same, it would appear that the Federal courts would
have jurisdiction.
August 2, 1934.
RIPARIAN RIGHTS-CONSTRUCTION. OF LAW· AS TO
SUBMERGED LANDS
Dear Sir:
Your letter of the 26th ultimo, addressed to Hon. Nathan Mayo,
Commissioner of Agriculture, and reading as follows :
"It is my understanding that the State of Florida does not
claim title to submerged lands in Lake Worth where the same
have been filled in by the owner of the adjacent uplands and
that the State recognizes the title of the owner of the uplands to
such filled in land. This was evidently the intent of the Legis­
lature in adopting Section 1774, C. G. L. 1927 <Chapter 8537,
Acts 1921).
"We would appreciate it if you would confirm our under­
standing of the intent of the Act."
has been referred to this office for reply.
Chapter 8537, passed by the Legislature of 1921, appears to be an
undertaking to grant riparian rights and submerged and filled in lands
to owners of upland whose property extended to the high water mark,
but there are so many exceptions to the Act itself it appears that the
Legislature accomplished very little in that direction. For instance,
Section 9 of the Act provides that the same Shall not affect or repeal
a number of sections of the Revised General Statutes, included among
which is Section 1061 which vests title to practically every class of SUb­
merged lands· along the coast adjacent to the upland in the Trustees of
the Internal Improvement Fund of the State of Florida.
Under this situation, my advice with l'eference to inquiries along
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636
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BIENNIAL REPORT OF THE ATTORNEY GENERAL·
MISCELLANEOUS
this line is that the upland owner, if he desires submerged lands ad­
jacent to his upland should make application to and purchase the same
from the. Trustees of the Internal Improvement Fund. I wish to call
your attention further to the fact that adverse possession does not
run against the state, and· also to the repeated rulings of our Supreme
Court· that lands do not pass as an appurtenance to lands.
August 19, 1933.
SCHOOLS-SENATE RESOLUTION NO. 36 IN RE EXPENSE
COMMITTEE TO INVESTIGATE TEXT BOOKS
Dear Sir:
I am in receipt of a letter from Mr.
, under date of the
17th inst., in which he advises that you have requested him to secure
an opinion from this office relative to Senate Resolution No. 36, Chap­
ter 15858, Acts of 1933, Section 103, Compiled General. Laws of the 1933
Legislature, with reference to a Senate Committee to investigate text
books used in the public schools of this state.
Three questions are submitted in said letter as follows:
1. "Can a Senate Committee, by resolution appropriate ftinds for·
this purpose?"
2. "If so, can this expenditure be charged against the appropria­
tion for the Session of 1935?"
3. "Under the terms of this resolution, is there a limit to the
amount the committee may expend in making the investigation?"
Answering the first question, you will note that the resolution is
passed by the Senate and not by a Senate Committee.
Answering the second question, your attention is called to the
General Appropriation Act of 1933, Senate Bill No. 442, Chapter 15858,
making an appropriation of $225,000.00 for Legislative Expenses for the
biennium. The resolution provides for payment of necessary expenses
of said Committee as a part of the legislative expense of the 1935
session of the Florida State Senate.
I do not think that the resolution can bind the 1935 Session of
the Legislature, but it appears that the necessary expenses of such
committee may be paid under Section 103, Compiled General Laws of
Florida, 1927.
Answering the third question, I beg to say that I do not find any
limitation upon the expenses of this committee other than that they
shall be "necessary" expenses.
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