Coral Gables Riviera

Statements Issued in Deed Controversy Between City and Gables Woman's Club Report of Committee of Business Men on Community House Controversy July 11, 1941 Answer to Report Submitted by Clifton Benson, Attorney for Woman's Club July 15th, 1941 Proposal Presented by Commission at Meeting July 21, 1941 July 19, 1941 Additional Proposal Made by Resolution on July 21, 1941

To the Mayor and City Commissioners of the City of Coral Gables: The Mayor and the City Commission of Coral Gables recently asked the following persons, to-wit: George Curry, Dr. B. F. Ashe, Frank N. Holley, Rodney Miller and Ralph Wilkins to act as a Committee to consider the facts in the negotiations between the W. P. A. and the City of Coral Gables in the matter of the building known as the Coral Gables Library and Woman's Club. The Committee has discussed the matter at some length with the City Manager and the Commission, and has examined the various contracts and correspondence with the W. P. A. The Committee later had several hours discussion with Mr. Clifton D. Benson, attorney for the Woman's Club, and with Mr. Morton Adams, City Attorney for the City. This building was built as a W. P. A. project. The City of Coral Gables acted as the local sponsor and put up part of the money. The Woman's Club of Coral Gables cooperated unofficially with the City and put up additional money for the local sponsorship. It put up, in fact, more money than did the City of Coral Gables. The City of Coral Gables and the Woman's Club between them advanced approximately one-third of the cost of the project, and the balance was furnished by the Federal Government through the W. P. A. At the time this project was initiated, the Woman's Club of Coral Gables was engaged and for years past had been engaged in operating a library and reading room for the benefit of the public, and the City had been making financial contributions to the operation and development of that library because of its general benefit to the public. It seemed wise and proper, therefore, to the City Commission, to continue that arrangement and have the new library building, together with its additional facilities of lecture hall and subsidiary rooms operated by the Woman's Club, and since the financial contribution by the Woman's Club had made the building possible, the City Commission gave a deed to the property to the Woman's Club, with the understanding that it should continue to be operated as a public library and for the benefit of the public without discrimination, and so forth, and it was also provided that in case it ceased to be operated as a public building, its ownership would revert to the City. It is clear to the members of this committee that both the City and the Woman's Club acted in this matter in good faith, with the very best motives, having in mind only the public welfare. The Woman's Club ever since that time has operated in accordance with their agreement by operating the library, and the building for the public benefit, and the City has each year made financial contributions to that operation. The operation has been efficient and quite generally satisfactory to the public. Within the last year, however, the government, through the W. P. A. officials, has claimed that the City was in error in giving a deed for the property to the Woman's Club, and that such building which had been built as W. P. A. projects must remain the property of the municipality, and that, according to the rules and regulations of the W. P. A., if the property were deeded to the Woman's Club, then it would be necessary for the City to reimburse the Federal Government for the amount expended by the Federal Government. The correspondence with the Federal Government has been going on for a considerable period, and Mr. Morton Adams, the City Attorney, has been to Washington to discuss the matter. Mr. Adams feels that everything has been done in the matter that can be done to convince them that the present arrangement should be continued; Mr. Benson, attorney for the Woman's Club, does not think that everything has been done that can be done in the matter. Considering the foregoing facts this committee has reached the following conclusions: 1. That there is no actual controversy between the City and Woman's Club, except perhaps as to whether all means have been exhausted to secure the Government's consent to retention of the property by the Woman's Club. 2. That this one question should be decided as quickly as possible by friendly agreement or arbitration between the Federal Government, the City of Coral Gables, and the Woman's Club, and that in no event should any law suits, friendly or otherwise, be entered into which would involve the City. 3. The need of a friendly settlement is further evidenced by the fact that any prolonged dispute or law suit would affect the City' ability to obtain Federal assistance on other projects, and would also probably bring considerable adverse publicity to both the City and the Woman's Club. We, therefore, recommend: 1. Inasmuch as the Woman's Club feels that all means have not been exhausted to obtain consent of the Federal Government to continuation of the existing arrangement for the Woman's Club building, we recommend that the Woman's Club send a representative, at their expense, to Washington to endeavor to obtain a friendly agreement with the Government in the matter. 2. If such agreement cannot be reached with the Government, we then recommend that the Woman's Club re-convey the property to the City along the lines of the agreement already suggested by the City or some similar agreement satisfactory to both parties. 3. That if the Woman's Club is to send a representative to Washington, this be done immediately so that that phase of the matter be concluded not later than August 1st. Respectfully submitted, George E. Curry, Chairman, Coral Gables Woman's Club Committee Mayor and City Commissioners Coral Gables, Florida In re: Woman's Club Matter, Gentlemen: I have received through Mr. George E. Curry, copy of the report under date of July 11, 1941, by the Citizens' Advisory Committee appointed by your Mayor. I feel it necessary that some reply be made to this report on behalf of the Club as follows: 1. With reference to the statement of the report that "Mr. Adams feels that everything has been done in the matter that can be done to convince them (the Federal Government) that the present arrangement should be continued", attention is called to the fact that Mr. Adams admitted, in my conference with this Committee, that many of the points that I have developed in this matter had not been presented to the Washington authorities because they had not been brought forward at the time of his trip to Washington for the reason, as Mr. Adams said, before that the full details on which the W. P. A. attorney based his opinion were not in. Furthermore, Mr. Adams conceded that when he learned these new grounds in Washington, which he thought might influence the City or City officials adversely, he was obliged, under those conditions, to resolve all doubts in favor of the City and City officials. Hence he did not feel disposed to push the matter more vigorously. It is for this reason that it has always been insisted by the Club's counsel that he could press the matter with better advantage, both in the interests of the City as well as the Club. Also Mr. Adams must be aware of the advantage of approaching this matter through our representatives in Congress which has never been done so far as the knowledge of the writer goes. 2. With reference to statement of the Committee's first conclusion that "There is no actual controversy between the City and the Woman's Club", except as to this matter of exhausting of means in Washington, the Committee has evidently overlooked the vital difference between these two bodies that the expense of the Club's counsel should be borne by the City. It is certainly true that the lawyers have a vital place in this matter because of the technical questions involved and especially because they are close questions. I might, in this connection, quote from a letter of A. W. Barrett, to whom I sent an outline of this proposition as I did to members of the Committee, as follows: "It was with utmost care that I read your opinion and suggestions covering this controversy, but the more I dwell upon the issue the more convinced I become that it is an involved and complex legal question, that as a layman I am not fully qualified to actively participate in". Furthermore, warranty deed given by the City to the Club, has all the legal and moral obligations of defending, at the grantor's expense, any attacks made on this title. It is certainly to the advantage of the City to have this matter pressed much harder than has been the case because unless adjustment can be sought it means a possible liability to the Government or a liability to the Club to refund their contribution to the project in exchange for return of title as provided by agreement between the Club and the City. There are also the elements of appreciation and gratitude, because of the Club's assistance to the town the City needed it so badly to secure this project. Moreover, the Club has carried the insurance on this library which was a heavy burden and could very well not obligated to do so. It would seem only a small return on the part of the City to now grant this request of the Club that its counsel be paid in the matter when such counsel is necessary in the matter and through which counsel Mr. Shiner could better be handled then with the City's own representation because of the more independent position of the Club's counsel. Furthermore, the City Attorney could be authorized to at least cooperate with the Club's counsel in briefing the questions involved and revising ideas. Both are desirable and especially the former because of the difference of legal authorities on questions that are so unusual as in this case. So far, the City Attorney has not been authorized or felt disposed to give this assistance. 3. With reference to the Conclusions 2 and 3 of the Committee that the one question they state to be controversial between the Club and the City, namely, the further effort to have the present setup approved, should be "decided as quickly as possible by friendly agreement or arbitration between the Federal Government and that no law suits, friendly or otherwise, should be resorted to because of the possible embarrassment with other Federal projects and undesirable advertisement", we can reply as follows: a. We agree that it would be desirable to handle this matter as quickly as possible but we do not believe it can be accomplished by August 1st as stated in the Committee's third recommendation. In this connection it is to be noted that the Club's suggestions for handling this matter were placed before the Commission in letter on February 17th last and no reply was received to same and no action was taken by the City until the latter part of May. Meanwhile, neither the Club nor its counsel had any contact with the Government officials in the matter but all negotiations were handled through the then Mayor and City Attorney at their request that the Club and its counsel remain aloof in the matter. It was then decided at a meeting with the Commission that extension of the time be requested and that the matter be postponed until the coming in of the new commission. There has been no delay on the part of the Club or its counsel awaiting the action of this new commission. This Commission has naturally been busy with various matters in opening its administration and among others there has been the intention of looking a change in the office of City Attorney so that the present incumbent has not felt disposed to go into the matter with the Club's counsel. A brief is now prepared and ready to be submitted to Washington although the Club's counsel has not been able to give it the time that might be needed for adequate briefing because of various compromises and delays since. It is now awaiting review by the new City Attorney whose approval of the brief is desired if possible. It is granted, as suggested in the first recommendation of the Committee, that it would be preferable for the Club to send its representative to Washington for personal conference in this matter but the Club does not feel financially able to do this without assistance from the City. In justice to the Club's counsel it is to be said that he is already working on a very reduced basis of compensation in the matter out of reconnition of the public question involved. b. The suggestion of arbitration has already been in the mind of the Club's counsel but it was felt that this idea could not be advanced until the Government's reaction to the Club'd brief was obtained. This arbitration, however, would have to be by trained lawyers because of the technical problems involved in decisions above in order that they first might be determined whether or not there has been any infraction of the law that would justify disturbing this present setup. Attention is called to the fact that the Government's attorneys have not said that the setup was illegal but are merely making the demands for this change through the threat that there was so much doubt involved that they felt obligated to resolve their opinion in favor of the Government. Laymen have a natural aversion to law suits and lawyers of experience and standing also avoid them where there is any proper alternatives necessary and they can only be used on a full and open statement of facts seeking a judicial determination without being of a friendly nature. It is because of this attitude, and certainly not an unprejudiced one on the part of the Government's attorneys, that the Club's counsel has advanced the idea of a friendly suit in order that the matter might be determined by an unprejudiced court. c. With reference to concern of the Committee about the effect of any contest on other projects or bringing about adverse publicity, while we grant that there might be some danger of such, as is the case in all human relations, we do not believe there results would follow in this case if the matter were conducted in a friendly and diplomatic manner. Indeed, there is not reason that they should be such an outcome. The Government could and would permit a fair determination of issues between itself and its own people without prejudice, especially when there is not element of fraud involved and the matter is only a minor and technical one with all the objectives of the law being otherwise met and carried out. It is true in time of political campaigns a situation like this might be availed of if it could be used in the interest of vote-getting. However, in this case the action would seem to be against such course because of the large membership of the Club and the voting capacity of their families and their friends. 4. With reference to the Committee's recommendation that in the absence of an agreement with the Government after further effort by the Club's counsel that the Club reconvey the property to the City "along the lines of the agreement already suggested by the City or some similar agreement satisfactory to both parties". It is to be noted that the only suggestion by the City in this respect was the creation of a Board for the management of the property consisting of seven members of which the Club should have a right to appoint three, a minority, in exchange for the reconveyance of the title to the City. There has been no offer nor is there any recommendation of the Committee with reference to refunding the money in that event contributed by the Club as provided by the City's agreement with the Club. It was reported in the public press that City Manager Curry had made the statement that the offer of such return was made but this was unknown to the Club and was later denied by Mayor Whitley, according to the writer's understanding. As to the alternative to the above items of adjustment, no suggestions were made by the Committee as it was hoped they would offer, but it is now our understanding the Committee was appointed for that purpose. The Club's counsel stated to this Committee that there were alternatives along these lines offered but it was felt that there should first be definite determinations of the legal question whether there was any breach of the law on the part of the Club or City that would in fact require readjustment of the matter. Hence it was the Club's counsel did not feel disposed to offer these alternatives at this time nor did he think the appointment of the Committee, who could alone determine such alternatives and not legal questions, was opportune at this time although such Committee might later offer valuable suggestions in the way of alternatives if same became ultimately necessary. 5. At this meeting of the Club's counsel with this Committee only three members were in attendance during the full conference. Mr. Wilkins was able to remain only a short time and Mr. Miller was not present, so it was not felt that the Committee received, as a whole, the full presentation of the Club's case by it's counsel. 6. It is to be noted that the report is signed on behalf of the "Coral Gables Woman's Club Committee". It is, however, a misapprehension. The Committee was not appointed by the Woman's Club nor is it a Committee of the Woman's Club but it was appointed by Mayor Whitley and through the latter's statement to the Club's counsel, it is the City's Committee. The Club had no knowledge of this appointment until the notice of the same in the public press. Both the Club's President and its counsel then expressed their regret to Mayor Whitley that the Club had not been consulted in connection with the appointment of this Committee and urged that it be enlarged with appointees by the Club, which was denied. The Club further asked for privilege of meeting the Committee jointly with the City so that each might know the case as presented by the other. This was also denied the Committee. While the Club and its counsel have the very highest regard for the personnel on this Committee as fair-minded men, it is nevertheless felt that a joint committee would have been preferable, especially as the best of men sometimes have predisposed views and the Club had no opportunity of ascertaining prior to appointment whether any such condition existed in this case. In Courts of Justice litigants are permitted to inquire of jurors whether they have predetermined views and Boards of Arbitration are usually by joint appointment. The Report was signed by Chairman only. 7. It is to be finally noted there is no final time limit stated in this matter as has been the general impression except that August 12th was set as the date when, in the absence of adjustment, the matter would be referred to the Department of Justice for its determination as to whether any action should be taken. There has been no statement by either the W. P. A. or the Department of Justice that there would be any legal action. If the views of the Club cannot be made to prevail with the W. P. A. they can be then renewed with the Department of Justice. Respectfully submitted, Clifton D. Benson, Attorney for the Club. I. That the Woman's Club return the deed to the City, and that a Board of Governors be appointed by the City Commission to be composed of seven (7) members, three (3) of whom must be members of the Woman's Club and proposed to the Commission by the Woman's Club. The remaining four (4) shall be citizens of Coral Gables, but may also be members of the Woman's Club. This Board of Governors shall operate the Community House and Library under the jurisdiction of the City. II. The event that at any future time the Woman's Club is dispossessed or denied the use of the present quarters, the City shall reimburse to the Woman's Club all of that money now invested in the building. (Refer to an ordinance drawn 5-15-41.) III. That the Woman's Club surrender the property to the City of Coral Gables, and that the City of Coral Gables reimburse the Woman's Club for all money invested in the building. IV. That in event an amicable settlement cannot be made and the matter is taken to court, the City will abide by the decision of the Court and the above offers withdrawn. Resolution presented by Commissioner W. Keith Phillips, seconded by Commissioner Andrew T. Healy and passed unanimously. "Be it resolved by the City Commission of the City of Coral Gables, that conditioned upon the reconveyance of the title of the Community House and Library property to the City by the Coral Gables Woman's Club by August 1, 1941 that: "The city agrees to pay to Clifton D. Benson, attorney for said Woman's Club, fees in full and expenses to Washington, D. C. in an attempt to have the WPA reconsider its stand, a sum not to exceed $350.00, and; "In the event he is successful, the city agrees to reconvey said title as same now stands. "The offer of the City to permit the Woman's Club the continue operation of the property under the trusteeship of a so-called committee and the alternative offer of the City to reimburse the Woman's Club for the money spent on the building are to remain available to the Woman's Club in event its attorney fails to secure proper approval from the WPA in Washington."

Pilkington Photo Mrs. Walter Shiner who, with Mr. Shiner, an architect, is a newcomer from New Haven, Conn. The Shiners are residing at 1115 Cortez Street.

Pilkington Photo Mrs. Harry Cook, prominent in club and church work in Greenville, S. C., is spending the summer with her daughter and son-in-law, Mr. and Mrs. F. J. Burress of 1226 Lisbon Street.

Hotel Permits Top Million During June

TALLAHASSEE, July 24 (Special)—The rate hotels, apartment houses, rooming houses and restaurants sanctioned by the supervisory architects of the six districts into which the State of Florida is divided by the State Hoel Commission for administrative purposes and for which permits were issued during the month of June, 1941, reached a total valuation of $1,633,560, as against $2,211,689 for the month of June, 1940. The $1,633,460 valuation for the month of June, 1941, covered permits for 14 hotels valued at $691,285; 43 apartments valued at $521,750; 22 rooming houses valued at $185,325; and 20 restaurants valued at $153,200. The June, 1940 total, $2,211689 covered 20 hotels valued at $1,081,410; 46 apartments valued at $814,274; 21 rooming houses valued at $67,780; and 37 restaurants valued at $248,225. The foregoing figures would indicate that notwithstanding that the building of hotels, apartment houses, rooming houses and restaurants is still strong in Florida thus far in 1941, they are well behind 1940. A summing up of the reports of the supervising architects since the last survey was made at the end of March, 1940, and covering the 15 months ending June 30, 1941, shows that in that time a total of 196 new hotels valued at $9,042,965; 752 apartment houses valued at $9,962,054; 295 rooming houses valued at $1,278,871, and 541 restaurants valued at $2,060,943 were sanctioned by the State Hotel Commission. The valuation of hotels, apartments Rooming houses and restaurants sanctioned, covering construction of buildings only, and having nothing whatever to do with furnishings, landscaping, property costs, etc., aggregated $22,039,833. On March 31, 1940, there were a total of 1,538 hotels in Florida which, with the 196 added since that time, brings the present total of hotels in Florida to 1,734. Apartment houses have increased in number from 6,704 to 7,456. Rooming houses were increased from 11,340 to 11,635, and restaurants from 8,551 to 9,092. With the new construction added since the last survey, Florida's 1,734 hotels now have 89,429 guest rooms, while its 7,456 apartments have 132,190 rooms and its 11,635 rooming houses have accommodations for 96,715 guests. "I believe that in point of numbers of rooms for the accommodation of visitors, Florida leads all other states with the possible exception of New York," commented Hunter G. Johnson, State Hotel Commissioner.

Realtors Split Over Ruling On Signs

(Continued from Page 1) had any right to dictate what its members shall put on their signs, real stated that his company would continue the custom of using its name. He said that the organization was considering dropping out of the board, but that he couldn't officially confirm it at the time. Kenneth Keyes, president of the company and president of the Miami Real Estate Board, could not be reached for a statement. The city commission recently passed an ordinance limiting the size of the signs to 12 by 18 inches but the new law has no control over the wording. City Manager A. B. Curry said the city sign law had been picked up by police or other city workers.

Gables NYA Work Increased

(Continued from Page 1) sire this practical training are now presented with an opportunity not only to fit themselves for work in industry, but also to play a valuable part in the national defense. They must be from 17 to 24 years of age to be eligible, must be citizens of the United States, out of school and in need of employment. They will be paid for the work they do—the pay, however, will be necessarily moderate, so that the greatest number may be given work experience with the appropriation at hand. The new defense program will be operated on a three-day shift basis. It is planned to have an average monthly employment of not more than 1,200 youths on the defense program, with a complete turnover once every three months, making it possible to give employment to 2,600 during the fiscal year in trades vital to defense industries. Each young man and woman will be given an opportunity to develop a single skill and to do a specific job. For example, to operate a lathe, a drill press or a welder. There have been no protests from labor unions over the program, as organized labor not only realizes the need for more workers with training for the national defense program, but many of the young people are the sons and daughters of workers who are members of the labor unions. The growing plastics industry looks to cotton fabrics. Tubing, gears, electrical machinery parts and mechanical specialties, as well as many varieties of laminated products, are made by the use of synthetic resins on a cotton fabric base.

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