235archive.flsenate.gov/data/historical/senate journals...235 der said ordinance no. 366 and...

235

der said Ordinance No. 366 and proceedings or resolu-tions of the City Council of said city under said ordi-nance.

Beg to report that the same has been presented to theGovernor for his approval.

Very respectfully, T. M. SCOTT,

Chairman of Committee.

Mr. Jackson asked to be excused indefinitely on ac-couat of committee work.

The request was granted.Mr. Stockton asked to be excused for tomorrow.The request was granted.Mr. Gillen moved that the Senate adjourn until tomor-

row at 10 o'clock a. m.Which was agreed to.Thereupon the Senate stood adjourned until tomorrow,

Wednesday, April 26, 1905, at 10 o'clock a. m.

WEDNESDAY, APRIL 26, 1905.

The Senate met pursuant to adjournment.The President in the chair. . . 'The roll being called, the following Senators answered

to their names:Mr. President, Messrs. Adams, Alford, Bailey, Blount,

Brown, Canova, Carter, Clark, Crane, Crews, Crill,Davis, Faulkner. Gillen, Harris, Hudson, EHumpniries,Jackson, Lee, McCreary, Massey, Neel, Newlan, Raney, Sams, Scott, Wadsworth, WTest, Wilson, Zim.-31.

A quorum present.Prayer by the Chaplain.The Johrnal was corrected and approved.

Mr: West moved that the Enrolling Secretary be au-thorized to change the word "for" to "form" in line fifteenSection 2, of Senate Bill No. 8.

Which wvas agreed to unanimously.Mri. Clarke moved that a vote of thanks be tendered to

the ladies of Tallalassee for the beautiful flowers withwhich they have decorated the Senate chamber today.

Which was agreed to.

Iji

236

MESSAGES FROM HOUSE OF REPRESENTATIVES.

The followingl message from the House of Representa-tives was read:

House of Representatives,Tallahassee, Fla., April 25, 1905.

'Hon. Park M. Trammel],President of the Senate:

SIR-I am directed by the House of Representatives toinform the Senate that the House of Representatives hasadopted-

Ccv-riI2 ioiilc~·ient Eesolution No. 10:Be it resolved, Thata committee, consisting of one tromi

the SeiAtn i'd two from tile House, be appointed to visitthle a.t.nederate Soldier's nid Sa"ilor's Ilome at Jaehson-ville, Fin., and report upon tile conditions and needs ofthe Home.,

Very respectfully,J. G. KiELLUM,

Chief Clerk of the House of Representatives.Tue Presideont apf-pointed on the committee on the part

of i th 'Senate under Senat

237

Which was read the first time by its title and referredto tile Comm11ittLee On Jud.jicia-ry.

t v Mr. Newlan:Senate Bill No. 157:

bill to he entitled an act to prohibit certain gamesmid &nports on Sunday.

WhIich was read flvm first time hr its title and referred lito lbre Coy-mmittee on. Jiudiciary. I

'> Mar. Srs13 i o il No. 152:

Auiil to be entitlrd "vin 'ct to legauize thie incorporationof feto-,, u o-- 'n-;I th-e county of Arolusia, anidt( o: 'Eecv I e< 'Li CCj~ 1 -ionf futhowI0%n of Lab-, H~Iemla

v:1I I'--1~ i? I f ? -,If in ef (fect. IW hich var read t1e first time by its titles and:. ref~T&Arei

to the' (Jt"'Ialmtftee on City andI Cow' tr OrT--nlvnI 10(.

I-'11 J\" 15D01 f ! &'0 ento j Pj ± -mirim"g di"- n to the

ton

238

the expenses of the State Government for six months ofthe year 1905, and for the year 1906, and for six monthsof the year 1907.

Which was read the first time by its title.Mr. Adams moved that 300 copies of Senate Bill No.

162 be printed. -Which was agreed to.Mr. Adams moved that the rules be waived and that

Senate Bill No. 162 be placed on calendar of bills on sec-ond reading without reference.

Which was agreed to by a two-thirds vote.And Senate Bill No. 162 was placed on calendar of

bills on second reading.

REPORTS OF COMMITTEES.

Mr. Harris, Chairman of the Committee on Judiciary,submitted the following report:

Senate Chamber,Tallahassee, Fla., April 26,1905.

Hon. Park M. Trammell,President of the Senate:

SIR-Your Committee on Judiciary, to whom was re-ferred-

Senate Bill No. 69:A bill to be entitled an act to define additional duties

of clerks of the circuit courts as clerks and accountantsof the boards of county commissioners in the severalcounties of this State.

Have examined the same and recommend that it do notpass.

Very respectfully,W. HUNT HARRIS,Chairman of Committee.

And Senate Bill No. 69, contained in the above report,was placed on the calendar of bills on second reading.


Senate Chamber,Tallahassee, Fla., April 26, 1905.



239

Senate Bill No. 120:A bill to be entitled an act to amend Section 1 of Chap-

ter 5139, Laws of Florida, the same being an act toamend Section 2 of Chapter 4147 of the Laws of Florida, -entitled "An Act to regulate the carrying of fire arms,"approved June 2,1893.

Beg leave to report that they have carefully consideredthe same and recommend the adoption of the following amendment:

Section 1, line 5, after the word "age" insert the words,"and of good moral character."

Have examined the same and recommend that it dapass as amended.


And Senate Bill No. 120, contained in the above report, together with the amendments, was placed on the calendar of bills on second reading.





Senate Bill No. 123:A bill to be entitled an act to amend Chapter 4123 of

the Laws of Florida, entitled "An Act disallowing fees incases before committing magistrates where informationsare not filed nor indictments found."

Have examined the same and recommend that it donot pass.


And Senate Bill No. 123, contained in the above report,was placed on the calendar of bills on second reading.


240

Senate -Chamber,Tallahassfe, Fla., April 26, 1905.

Hou. Park MRj. Trammlrell,President of the Senate:

SIR-Your Committee on Judiciary, towlom was reEl ~ ~~ferred--Senate Bill No. 103A bill to be entitled an act to amend Chapter 5140, of

the Laws of Florida, entitled an act to amend Section 2(HS o(f 'the Revised Statutes of the State of Florida,relating, to the intermarriage of white and colored per-sons, approved 'May 30, 1903.

Have examined the same and re.ommend that it do notpass. . -

Very respqctfully,qK W. HUNTHARRIS.

Chairman of Committee.Andl Senate Bill No. 103, contained in the above report

w -as placed on the calendar of bills on second reading.

AMr. Ha tris, Chairmian- of the Committee on Judiciary,-submitted the following report:

Senate Chamber,,Tallahassee, Fla., April 26, 1905O,).

ibia. Park M.. Trammell,Presiaeat of the Se-nate:

SIRh-Yonr Committee on Judiciary; to whom was re-feredd-'

K '* te Bill No. 127:I i to be entitled in au to amend Section 3 of Chap-

tsr, 1223, Laws of Fiouica, bcW in an act entitled "An. Actto, r'tVh1 'eli a crinminal court of record in the connty ofEi~liuo~ing'h," approved April 10th, 1893.

Ha."ve examined the same and recommend, that- it do,/1 y~~~ass.

pass. Very resp!ectfully,W. H rUI HARRIS,Chairman of Committee.;

And Senate BiEl No. 127, contained in the above report,vrts plnaced on the calendar of bills on second reading.

Mr. Harris, Chairman of the Committee on Judiciaryiimbmitted the following report:

241

Seifate. Chamber,- Tallaha-ssee, Fin., April 26, 1-905.

Hon. Park Mt. Traimmell,- Prcsicdent of the Senate:

SIR-Your Commuittee on Judiciapy to whomi w.a sny- ferred-

House Bill Noo. 9.A bill to be entitled ii act to protect suretibs. Have examined the ~samie and recommnend that it do

pass. y~~~~~lVey respectfully,

WV. HUNT HARRIS,

Anrd, 1-Tinese Bfll No. 9; contai~ned in tlxe above report,was, •dace on the, c-alendar or billsY on)-, on rcacdin-

Mi. Tv a"rris, Cli~',Tnmau of the Commidttee on Ju~iilciary,.sulbmitted the following, report:

1-Icr ~~~~. .T .Fllaase. ., Apiril 26,: 1905.T-T c rroummel. Er'

f rr1 C oonn331ittee CD Judici-ary:' to wh~!oii ws

Bv ill No. 24 ., - .(.,.-A-I to he ceni Cl' S an aettof fix thme fe--es of tecektre (it iiit (QV LS icor 'g n par r in the records

ke-t by ii-,I rec~-ot-der of deedsl, etc., specified. in Section -.i1ill of -the Revised Statutes of 1892, or .in j-a1(ridmment

* ssi-nmlent, and euifeinrecd)rd, thle foreign ju'dgmenitreco-xi, and t0 *I pe-nde-no dock-et, kept h bhint under threprovisi~ns of Pion 18%0 of the- said Pevised Stetukrs.

l~av'cxo~ uCthe sante_ Hand recommvenld te~at g 40patVery respecIfIlv,

WV HRUNT HARRIS,-Th `riran of Committee.

,RAd Senvate .Bill No. 84, contained in tile above repoart,was placed on th e calendar of bills on second reading.

Mr. Hlarris, Car'nof thieCommiiittee on .Tdicia~rv-,'* submittedi the following report:

20 S. B.


Hon. Plark M. Tlrammell,Presidelnt of the Senate:


Senate Bill No. 151:A bill to be entitled an act to amluend Section 1, of Chap-

ter 5235, of the T..lws of Florida, relating to working andrepairinPg and llaintailning the public roads and bridgesof the sevelral counties of this State, and to provide pen-alties for the violation thereof.

Have exalilned the samne and recoiimeid that it do pas;.TVer' respectfully,

W. HIUNT HARRIS,Chlairman of Committee.

Aind Senaite Bill No. 151, contained in the above report,vas plavced on the calendar of bills on second reading.

Mr. EHarris, Chairman of the Committee on Judiciary,eubmitted the following report:

senate Chamber,Tallahassee, Fla., April 26, 1905.



Senate Bill Nro. 139:A bill to be entitled an act to define and suppress

opium dens, to prohibit visiting the same, and to prescriberules of evidence in such cases.

Have examlined the samne and recommend that it dopass.


And Senate Bill No. 139, contained in the above report,Vras placed on the calendar of bills on second reading.

Mlr. Harris, Chairmlan of the Colmmittee on Judiciary,submitted the following report:

243




Senate Bill No. 149:A bill to be entitled an act to provide for the privileges

of witnesses in investigations and prosecutions for theviolation of thie statutes against bribery, gaming andgambling, and for violation- of the statutes against theillegal sale of spirituous, vinous or malt liquors.

Have examined the same and recommend that it dopass.


And Senate Bill No. [49, contained in the above reportwas placed on the Calendar of bills on second reading.



Hon. Park M. Trammell,President of the' Senate:


Senate Bill No. 128:A bill to be entitled an act to prescribe the fees of

sheriffs in lunacy proceedings.Have examined the same and recommend that it do

pass.Very respectfully,

W. HUNT HARRIS,Chairman of Committee.

And Senate Bill No. 128, contained ir the above report,was placed on the calendar of bills on second reading.

Mr. Harris. Chairman of the Committee on Judiciary,submitted the following report:


Tion. Park M. Trammell,President of the Senate:

244

FSfl-Your Comminttee on Judiciau, to whom was r6efetrted-

t Iil Io. 1 24A 11l to lie cut ith-d ;ln ae to '~.Liethe pjer diem of

filu Z~ftclld'Pee onl couts.I i., U' j *~~~~~~~V (I ow11

UK.:~~~~~~~~~~~~~~~~~~~~~~~~He

ii F'~ ~~~~~~~t

I'-~~~~~~~~~~~~~-' '*~~ ***~*'t' L U'S it oOl

'K~~~~~~~~i

fT

'T51 V pi 1AS

Chimn of Coinmitter.1:2 ?iwtaMIlNo 12i, ctiiwiin Ilice above. rep-ort.

was lirce ilo tlne -lender of bills onl s.econd. readin-,

Air. Harris, Chiairman ofl the Commnittee on Judiciary.submitted the following report:

245

Senate Chamber,Tallahassee, Fin., April 26, 19015.

EFo-. Pork Mf. Trammel],President of tlhe Senate:

SIB-Your Committee on Judiciary, to whom was re-feri'ed-

* House Bill No. 30:A bill to be entitled an act regulating the running of

automobiles or motor vehicles on the public roads or high-ways in the State of Florida.

leuve to repjort that they- have carefully consideredthe seine and recoiiinend the adoption of the followingamendment:

in Herti an 20 strike out all after the figures "20" andinsert tile following:

"Owners of automobiles who have paid a license in anyother State, shall upon exhibition of such license, be ex-enmpt from paying a. license in this State, for thirty daysafter said auatomobiles ]bate been brought into trhis State."

Have examined the same aind recommend that. it dopass as amended.

Very respectfully.H. HUNT H-TARRIS,

Chairman of Committee.And fo-ase Bill No. 30, contained in the above report,

together with the amendments, wasr. Iplaced on the cnlr1n-dae of bills on second reading.

Mr. Harris, Chairmnan of the Committee on Judiciary,submitted, the following report:

ntni C(hamiber.Tallahassee, Fla-. April 26, 1905.

Hon. Pzrk M. Trammell,President of the Senate:


C4on.1lte Bill No. 85:A bill to be entitled ak act to provide for the acquisi-

tion of property by and suits by and against, persons as-sociated together under a common name.

Beg leave to report that they have carefully consideredtl·f ,arand reconmmend the adoption of the followingamendments.

Tn Section 1, line 13, strike out all after the word "pro-cess"8 and insert the following as Section 2.

246

"Section 2. Nothing in this act contained shall affectany right of action now existing under the law againstany such partners, or association upon the liability of thepartnership or association."

Have examined the same and recommend that it do passas amended.


And Senate Bill No. 85, contained in the above report,together with the amendments, was placed on the calen-dar of bills on second reading.

Mr. Harris, Chairman of the Committee on Judiciary,submitted, the following report:




Senate Bill No. 122:A bill to be entitled an act to amend Scition 1, of

Chapter 4147 of the Laws of Florida, entitled an act toregluate the carrying of firearms, as amended by Chapter4928 of the Laws of the State of Florida, approved May9th, 1901.

Have examined the same and recommend that it do notpass.

Very respectfully,W. HUNT HARRIS,

Chairman of Committee.And Senate Bill No. 122, contained in the above report,

vas l:];ceed on the calendar of bills on second reading.Mr. Harris, Chairman of the Committee on Judiciary

submitted, the following report:Senate Chamber.

Tallahassee, Fla., April 2fi, 1905.Hon. Park Al. Trammell,

President of the Senate:SIR-Your Committee on Judiciary, to whom was re-

ferred-Senate Bill No. 82:A bill to be entitled an act requiring the county commis-

247

sioners to publish a budget, and to make contracts, pur-chase property, and appropriate and pay out the publicmoney only under the prescribed conditions, and also pre-scribing crimes and penalties in this behalf.

Beg leave to report that they have carefully consideredthe same and recommend the adoption of the followingamendments.

In Section three strike out all after the word "shall"'where it first occurs, and insert the following: lr

"Upon conviction be punished by a fine not to exceed'two hundred and fifty dollars, or by imprisonment in the-county jail not to exceed six months."

Have examined the same and recommend that it dopass as amended.

Very respectfully,W. HUNT HARRIS,

Chairman of Committee. IAnd Senate Bill No. 82, contained in the above report,

together with the amendments, was placed on the calen-dar of bills on second reading.

Mr. Clark, Chairman of the Committee on EngrossedBills, submitted the following report: '

Senate Chamber, Tallahassee, Fla., April 25, 1905.

Hon. Park M. Trammell, President of the Senate:

SIR-Your Committee on Engrossed Bills to whom was-referred- I'e

Senate Bill No. 98:A bill to be entitled an act authorizing city or town,

clerks to appoint deputies.Have examined the same and find it correctly engrossed..

Very respectfully,S. W. CLARKE,

Chairman of Committee.And Senate Bill No. 98, contained in the above report,

was placed on the Calendar of bills on third reading.

Mr. Clark. Chairman of the Committee on EngrossedBills, submitted the following report:

Senate Chamber,Tallahassee, Fla., April 25, 1905..

Hlion. Park 31. Trammell. lPresident of the Senate'

248

8Th-E on' Comnil ttee on Engrossed Bills to whom wasreferred-

Senate Bill INIo. 41:A bill to be entitled an act to amend Section 1, Chaph-r

5204, Laws of.Florida, the samte being- an act to providefor the certification of teaItchers, aend to prescribe require-ments for the varjins grades of certificatesi.

Have examined the same land find it correctly engrossed.Very respectfully,

S. W. CLARKE,Chairman of Commtittee.

And Senate Bill No. 41, contained in the above report.was placed on the C-alendar of bills on third reading.

Mr. Clark. Chadirman of 'the Committee on. EngrossedHills, sHlIl~mitted tVie followingT report:

Senate Chamber.Tallahassee, Fla.. April 26. 1905.

Prc,,.eidciitf of 'hc Scnatc:teSIR-Your Committee on Engrossed Bills, to whom

was referred:Senate Bill No. 92:A bill to be enttled en act to punish the sale, gift,

barter or exchange of intoxicating drinks to Indians inthis State, and providing penalties therefore.

Have examined the same aind find it correctly engrossed.-Very respectfully.

S. W. 'CLARKE,Chairman of Committee.

And Senate Bill No. 92, contained in the above report,was placed on the Calendar of bills on third reading.

Mr. Clark-, Chairman of the Committee on EngrossedBills, submitted the following report:

Senate Chamber,Tallahassee, Pla., April 26, 1905.

lIon. Park At. Trainmell,President of the Seniate:

SIR-Your Committee on Engrossed Bills, to vhomWas roforrecl-

S-nete Bfill No. 71:A bill to he entitled an act for the preservation of wild

otter and beaver in the State of Florida.

249

Iav-e exallmlined the same andcl find it correctlh engrossed.'erY respectfully,

S. WV. CLARKE,Chairman of Committee.


Mr. Clarke, Chairmnlan of the Committee on EngrossedBills, submitted the following report:

_ecn1ate Chamber,Tallahassee, Fla., April 2, 190(15.

Hen. P'rlk MI. Trammell,Prcsidc~nt of t71e Scno-te:

ST:R-Yonr Commlittee on Engrossed Bills, to -whcomwvas referred-

Senate Bill No. 107:A bill to be entitled an act regulating the attendance

of schools within special tax districts, by pupils residingoutside of such special tax districts, providing for thepayment of a fee therefor, and reqluirifg the county treas-urer to make reports to the board of public instruction ofthe county of all amounts coming into his hands forspecial tax school districts.

Hare examined the same and find it correctly engrossed.Verv lerspectfunlv,

S. W. CLARKE,.Chairma.n of Committee

Ancl Senate Bill No. 107, contained in the above report,was 1placed on the calendar of bills on third reading.

Ari. Clarkl;, Chairmlan of thile Comllmlittee on EngrossedBills, submlittecl the following. report:

Senat2 Chamlber,Tallahassee, Fla., April 25, 1905.

ITHin. Te%-- 2,' rI--I-p- j,j

T'residn1cIt of thle Sclt(fteSIR-Yonur Commlllittee on Engrosseed Bills, to whom

was referrecl-Senate Bill No. 32:A bill to be entitled an act prescribing that where there

is a total loss of personal propertr insured and the com--pant fails to pay the full amount covered by policy, thereshall be returned to the insured the unearned premium forthe excess over the amoulnt paid in settlement.

250

Have examined the same and find it correctly engrossed.Very respectfully,

S. W. CLARKE,Chairman of Committee.


Mr. Clarke, Chairman of the Committee on EngrossedBills, submitted the following report:

Senate Chamber.Tallahassee, Fla., April 26, 1905.

[on. Park M. Trammell,President of the Senate:

SIR-Your Committee on Engrossed Rills to whomwas referred-

Senate Bill No. 55:A bill to be entitled an act prohibiting the exaction or

the acceptance of a reward, compensation or remunera-tion by public officers or appointees for the performance,non-performance or violation of any act, rule or regula-tion that may be incumbent upon them to administer, per-form, execute or to have executed.

Have examined the same and find it correctly engrossed.Very respectfully,

S. W. CLARKE,Chairman of Committee.


Mr. McCreary, Chairman of the Committee on PublicPrinting, submitted the following report:

Senate Chamber, /Tallahassee, Fla., April 26, 1905.

Hon. Park Af. Trammell,President of the Senate:

SIR-Your Committee on Public Printing, to whomwas referred-

Senate Bill No. 140:A bill to be entitled an act to amend Section three of

Chapter 5199, Laws of FPlorida, being an act "providingfor the publication of the acts of the Legislature of agene!al and permanent nature in newspapers, prescribingthe duties of the Secretary of State and the boards of

251

colunty commissioners, and providing compensation forpublishers," approved June 4, 1903.

Have had the same under consideration and recommendthat it do pass.

Very respectfully,H. H. McCREARY,Chairman of Committee.

And Senate Bill No. 140, contained in the above report,was placed on the Calendar of 'bills on second reading. -.

Mr. Humphries, Chairman of the Committee on Claims,submitted the following report:


Hon. ark M. Trammell,President of the Senate: ~'

SIR-Your Committee on Claims, to whom was re-ferred-

Senate Bill No. 121: ::A bill to be entitled an act to relieve John G. Ruge for

services and expenses as Commissioner of Fisheries of the jState of Florida. t{

Have had the same under consideration and recommendthat it do not pass.

Very respectfully,J. H. HUMIPHRIES, IChairman of Committee.

And Senate Bill No. 121, contained in the above report,was placed on the Calendar of bills on second reading.

Mr. Humphries, Chairman of the Committee on Claims,submitted the following report:


Hon. Park M. Trammell, -President of the Senate:

SIR-Your Committee on Claims, to whom was re-ferred-

House Bill No. 82:A bill to be entitled an act for the relief of Marion

County. .. .

* []I

i~~:: ?: : · · a252

ic - Have had the same under consideration and recommendthat it do not pass:

Very respectfully,rh· '~ ' ~~ J. H. HEUMPHRIES,

And Hoe Bl N , Chairman of Comnittee..,. And ouse Bill No. S2, contained in -the above report,

was placed on the Calendar of bills on second reading.

Mr. Adams, Chairmlan of -thq . Committee on Appro-priations, submitted the following report, on 'behalf ofthe majority of the committee:

Senate Chamber,Tallahassee, Fla., A-pril 26;-1905;:-,'

Hon. Park M. Trammell,.President of the Senate.

ST,' STR-Yolir Committee on Appropriation to whom was'^' referred- .

;.4;! House Bill No. 100:' A bill to'beY entitled an act to make an appropriation.

, for Ilhe estimated deficiency in the pension tax'fund forthe years 1904 and 1905.

Have had the same under consideration and recom-mend that it do pass, with the followin amendmients, to:wit:

!.,, BStrike out the words in fifth line of said bill, "To be -*+]i paid out of funds arising from the hire of State con-

victs.".h,':: -Very respectfuily, J

- FRANK ADAMS,Chairman of'Committee.

Mr. Adams, Chairman of the Committee on Appropria-tions, submitted the following report on behalf of the mi-nority of the committee:

Senate Chalmber, -i< l'I:~ i; Tallahassee, Fla., April 26, 1905.

| non. Park M. Trammell,J 3 President of the Senate.

SIR-The undersigned a minority of your Committeeon Appronriations to whom was referred-

Hom4se Bill No. 300:oA bill to be entitled an act to make an appropriation

I for the estiunvted deficiency in-the pension tax fund forthe years 1904 and 1905.

11ave had the same under consideration and re-commaendthat it* pass without amendment for the following, rea--sons:

.1. The State has obligated to pay to the* worthy -and 'honored pensioners- placed on the roll in accordance with, law zGfl annual s"um of money payable ini quarterly pay- 4

iit _Wt auad owing" to the fact that the pension tax fund isexhtausted'it is impossible to meet these obligations with-

o,,zt :Jd fiSofl anct'~V Or 1 orce2.2.This aid can not be given from the General Revenue

Fund for the reason that the amount now available ins ai fud i on~y q2G,H13.85 with on'y a smiall foi iu othrie one-half null lax nollected anti no matlerhial increaIselicense rearas suchd- wig the preen

Fr e-i-i; hioa es inte practically all. collected.Fro~ t~ b,~hmen ftil Geral IPevenue Fund pay-

nmj i ar 1) made to-e Cn eap-ns of the Legislatulre,* al'sa "P8," t CO U jurpre- -sui~d k NI -- b -efore te nuandj-W'u-, sa~~ie c ua'ta 'al C djicwet cqpc'naru'anta, inter-

C "'C -'- ~~~~i~en'v t n x 4peiies including special appropria-* V-cr It'~~~~~~~w -Pe I nnbie d it shoud ba' eviden t

tV. t fo]21 yill no"L t U'n -- I tonl-er V the fuirth erin'ute is-Hor",- P' N~O. l1t;.

in fact, or must they be content with what at presentamounts to simply a reiteration of the statutory obliga-tion to pay them the stipend which is intended to meettheir necessities.

Very respectfully,FRANK ADAM-IS,

Minority Member of Committee on Appropriations.Mr. Adams moved the adoption of the minority report.The yeas and nays were demanded on the motion to

adopt the minority report.Upon er!' of the roll, the vote was:

Adams ('vane N'rc'lAlfor-d ( Craws Newl-i11 BaIk ji Davis , ( tBrowsl Faulkner Vadsworl I,(allnov Harris zim.Clhar Marzey

Yeas-17.MMr. President Hudson Pa7?neBlount H1fuuphries SawnsCarter Lee M.sC(rill MICreary Wilslil(GillenNays-13. /So the report of the minority on House Bill No. 100 was

adopted.And House Bill No. 1lt, contained in the report, was

placed on calendar of bills on second reading.

By permission-Mr. Bailey introduced the following:Senate Besolution No. 38:Whereas, Section thirty-one (381) of Article sixteen

(16) of the Constitution of the State of Florida prohibitstransportation companies or common carriers from grant-ing free passes to any member of the Legislature, and

Whereas. Section 2690 of the Revised Statutes, laws ofFlorida punishes any member of the Legislature who ac-cepts a free pass, by imprisonment not exceeding one year,or by a fine not exceeding one thousand dollars, and

Whereas, It appears upon the books of the RailroadCommissioners that C. M. Brown, elected State Senatorfrom the 20th Senatorial District of Florida in 1902, hasaccepted a free pass from a transportation company,

255

Therefore be it Resolved by the Senate bf the State ofFlorida, that a committee of five be appointed to examineinto the question as to whether C. M. Brown did or did not accept a free pass from a transportation company, and to report the same to the Senate:

Resolved, further, That the said committee be empow-ered and authorized to send for persons, books and pa-pers and to examine witnesses.

Mr. Bailey moved the adoption of the resolution. :iMr. Brown was permitted to have the following inserted

in the Journal:Mr. President and Gentlemen of the Senate:

Noticing some days since in a certain newspaper a pub-lication substantially to the effect that I had been guiltyof accepting and using free pl.,sss upon the railroads ofthe State and had therefore been guilty of a violation of law, I had intended at the proper time to call the matter to the attention of the Senate on a question of personal [!privilege, and in justice to myself as well as the Senate ,make explanation of the charge contained in such publication. I say I had intended to do this but regret that -force of circumstances seems to demand that I make the explanation now which would appear to me an impropertime owing to the fact that the contest for my seat in theSenate has not yet been terminated. I can see no reasonwhy this matter has now been called to the attention ofthe Senate by others, and trust that it will not prejudicemy case in the minds of my brother Senators. But be thlatas it may I shall make the explanation which I trust willbe entiely satisfactory to the Senate and to the people ofthe State of Florida.

I deny most emphatically that I have used a free passon any railroad in the State of Florida. I make this denial with full knowledge of the fact that the record in the of-fice of the Railroad Commission of the State of Floridashows that during the month of January last a ticket;termed in said report as "Complimentary," fromi Palatkato St. Augustine, was issued to C. M. Brown. I frankly admit that the C. M. Brown therein referred to was myself but I most emphatically deny that said ticket waseither complimentary, or free.

When I engaged in business last fall i nDade county Ientered into a business arrangement with officials of the

I256

Florida East Coast Railway Comipany: by the terms ofwhich I was to represent said Railway Company in thecapacity of agent for the Land Department of said Rail-way Company and my duties were to aid in the sale oflands of said, company, and to induce ififigration to theEast Coast of the State of Plorida and along the line ofsaid railway,. company. As part of my compensation forthis worik the railroad officials agreed to furnish me with§uch transportat[ion over their: line of rsilwa.) ;ac shiould benecessfe rv :l-en travefilur upon bus]nIcss Conut't ted withtlie La:!nd liezrrtment and in thie performance of my saidduties under tihe contract so made with them. The pass orticket referred to in the office of thit 1c ilioad Commissionas arving been jgV- ned during the month of January las"t toine war issuea hi pursuance of this contract and wvaspaid for byamy services in endeavoring to sell the landsof said company and induce persons to setl alohg theirline of railway. It was in no sense eithree free o rcqn-ipii-iuellbar_ av± wa,,s p1id for by actual service rendered un.der the con-tau ct as tated.

It: PrC:. "ii I le Qflue lo go furlher into d(etails now, but:conrtthe fulilst insve--s gatlon of this matter, and as it has beengiven '.:cT ~P 1(lic~it -ly hrosmis newspapers anti dtherwis5ey I a-ap-,;;-!, the Si.-mit tat j Tshall at the earliest opportun-it)- apnil `o -a fir umn vhere witnesses undci! oath shalleraif;v to the er-acet truth.

T ,-es ann y nas were demanded oi the adoption of~c-Quot-e Pr'solt~inn No 'o. 3 -

* se-rd -·- - - - -·

ii ' . : i a i lev o' 1 j P,--lu on

Uaun-ova Ife -~·.Prtrer I ICrane i'!ssv 1T)1-

;; P~~~eas-28. iNays-None.So the resolution was ageed to.

By permission-Mr. Clarke introduced:Senate-Bill No. 163:A bill to' be entitled -an act relative to the takijng of

·depositions in disbarmnent proceedings.Which was read the first time by its title and referred

to the Committee on Jnudiciary.By permission-Mr. Haney introduced the following:

,. - Senate Resolutlon No. 39:Resolved, That the Comptroller of the State be and is

hereby requested to inquire of the several counties and re-port without delay what effect upon their financial conli-, t;oir the payvment out of the convict fund of any appro-priation to be made by the present Legislature will have.

Mr. Ranev moved the adoption of the resolution.Which was agreed to.

ON TABLE SUBJECT Tb CALL.

Senate Bill No. 31: A bill to be entitled an act for the relief of estate of

George . l King.W as taken up.Mr. Crane requested that he be permitted to exchange

places on the calendar with two bills, substituting, forSenate Bill No. 31, House Bill No. 3.

Which was agreed to.And,R 1ouise Bill No. 3.A bill to be ent;tled an act to legalize and validate

'Ordinance No. 347 of ,the city of Talmpa, entitled "An ordi-nance to provide for the issuing of bonds of the city of

'Tampa, and for the expenditure and diebursing of funds-received from the sale of, said bonds" passed by the CityCouncil of the city of Tampa on the 27th day of Septem-ber, A. 1). 1904, and approved'on the 29th day of Septem-bertw -Ar-W 19114, by the Mayor of the c: ty of Tampa; andto-legalize .a.i1 validate the soecial election held on the58th day of November'A; D.. 1904, by the qualified electors.of-the city of Taip.a-, under section 7 of said OrdinanceNo. 347, and to legalize and make valid any and all bonds

'irf""' 7which may .hereafter be issued, by,the citv of2L S. -B.

258

Tampa Lnuder said Ordinance No. 347 and the proceedingsr;or resolutions of the City Council of said citv under said'

E ri; ~ ordinance(.'iJ: W1as taken up and read the third time in full, as-

amended, and put upon its passage.Upon call of the roll on House Bill No. 3, as amended,

the xote was:Mr. Presideut Crill MasseyAdamls FaulknerI NeelAlford Gillen Newlan

IMlount Harris -Sams.i i· ~ Brown Hudson Scott'1 I sCanllova Huumphries JWadsworth

Canrler Lee ' esti'li ~ Clark MeCreary WTilsonL'.' PiYeas-25.

Nays-None.So the bill passed, as amended. title as stated. Mr. Crane moved that the rules be waived and that

lHouse Bill No. 3, as amended, be immediately certified tothe House of Representatives.

'Whi-tll as amleed to hr a two-thirds vote.And House Bill No. 3, as amended, rwas so certified.Mr. Clarke moved that Senate Bill No. 61 be taken up-

out of its order and now considered.Wllich Awas agreed to by a twlo-thirds vote.And,Senate Bill No. 61:A bIll to be entitled an act requiring any person, firm or

corporation operating any railroad in this State to con-i, sil·str-et and maintain good and sufficient stock guards.goi ~ ~Was taken up.

Mr. Clarke moved that Senate Bill No. 61 be recommit-ted to Conmnittee on Railroads.

Whichl was agreed to.And Senate Bill No. 61 was recommitted to the Com-

(I~ ~mittee on Railroads.!/·~ ~ A message. was received from the House of Represen-

tatives.Ij·~ iA mePss"e Vnas roeeived from the Governor.i;j. ~ XlMr. Crll moIved thot Sennfe Bill No. 11 be taken up out

of its order and now considered.

259

Which was ,agreed to by a two-thliirds vote'Senate Bill No. 11:A bill to be entitled an act to encourage and sectre the

construction of a line of railway from the mainland ofFlorida to Key West; to pr(ovide for a faiL and equitableassessment of taxes of the corporation constructing it; toprovide for fair and reasonable rates of freights and pas-sa ge by the corporation constructing it; and to grantrlight of way over the submerged and other lands belong-ing to the State and over the Rwaters of the State and to.;a uorize the filling of the submerged lands, and to con-struct buildings, dockls and depots thereon.

Was taken up.Mr. Cril asked unanimous consent to amend Senate

Bill No. 11 on third reading.Whllich was granted.Mr. Crill offered the following amendment to Senate

Bill 3NTo. 11:Strike out all after the words "Key 'Test," in line 9,

Section 5 (printed bill), down to the end of the section.Mr. Grill moved the adoption of the amendment.Wthich was agreed to unanimously.And,Senate Bill No. 11:A bill to be entitled an a.ct to enconurage and secure the

costr1ucltion of a line of railwav from the mainland ofFlorida to Key West; to provide for a fair and equitableassessment of taxes of the corporation constructing it;to provide for fair and reasonable rates of freight, andpassage by the corporation constructing it, and to grantright of way over the submerged and other lands belong-ing to the State. and over the waters of the State, andto authorize the filling of the submerged lands, and' toconstruct buildings, docks and depots tlhereon.

As amended, was then read a third time in full.Upon call of the roll on Senate Bill No. It the vote

was:

Adams Gillen NewlanAlford Harris RaneyBrown HTidson SamnisCanova Humnphries RcottCa.rter TLee WadsworthCrane McWreary Wesl:t

2160

Crew,-, Massey WilsonCrI II-Necel AimFaulknl-erYeas >5.

Mir. President BlountNavys-2.Sio tire bill passed, title as stated.Mr. Harris nmoved that the rules be waived and that

Senate Bill No. ii, be immiediately certified to the Houseof Representatives.

-iii rh wvas a -reed to by a two-thirds vote.And fSenate Bill No. It was so certified.Mr. Harris, in explaining his vote, said:"Mr. President: I desire to explain my vote on this

bill. I Avas 'paired' wvith Senator Telfair Stockton onthis bill. If -Mr. Stockton were present he would nowvote for the bill as it stands. He was opposed to some ofthe provisions of Section 5 on- account of what he thoughtwould impair then usefulness of the Railroad Commission.I submitted to him on yesterday the proposed amendmentwhich has been adopted, and he approved of it. He no-tified me that if this amendment was adopted that hewonld release me from my 'pair' and requested me tomake the statement that if he were present that liewo--ild vote for the hill as it stands."

Mr. Clarke said that hie was raired. with Mr. Jacksonon Senate Bill No. it: that if Mr. Jackson was presentbe would vote "No," and he (Mr. Clarke) would vote

hhr. Humphries asked to be escused for the week, oncoD'flI ittee work.

The reonest was granted.Mr. Grill asked to be excused until Monday on account

of rommnittiee work.Thlie renuest was granted.Tlie following!: communication from the Governor was

ordered spread on the Journal:State of Florida.

Exeertive Department.Tallahassee. Fla., April 26, 1905.

Hon. Park Ml. Trammll11Preskient of tMe Senate.

SIP-T haive tl',- honor to inform you that I have ap-proved and sianed the following Act which originated inyour honorable body:

26L

"An Act to legalize and validate Ordinance No. 366 ofthe city of Tampa, entitled 'An ordinance to provide forthe issuing of bonds of the city if Tamllpa, and for the ex-penditure and disbursing of funds received from the.sale of said bonds' passed by the city council of the cityof Tamllpa on the 13th day of December, A. D. 19f4, andaplprovecd on the 13tll day of December, A. D. 1905, by theActing Mlavor of the city of Tampa, and to legallize andvalidate the special election held on the 24th day of Jan-nary. A. n1). 1905. by the qualified electors of the city ofTainpa under Section 7 of said Ordinance No. 366, and tolegalize and make valid any and all bonds issued, orwhich may hereafter be isqrued by the city of Tampa un-der said Ordinince No. 36,0 and proceedings or resolu-tions of the City Council of said city under said ordi-nance."

I beg to further inform vyour honorable body that I havecaused the said Act as enumerated above to be handed tothe Secretary of State.

I have the honor to be,Most respectfally,

N. B. BROWARD,Governor.

Mr. Clarke moved to adjourn until 10 o'clock tomorrow.Which was agreed to.Thereupon the Senate stood adjourned until 1.0 o'clock

a. Im. Thursday, April 27, 190(5.

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235archive.flsenate.gov/data/historical/senate journals...235 der said ordinance no. 366 and...

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