adjourn Pi - flsenate.gov Journals/1900s/1905/1905D\5... · McCreary, Mlassey, Neel, Newlan, Raney,...

$: adjourn Pi - flsenate.gov Journals/1900s/1905/1905D\5... · McCreary, Mlassey, Neel, Newlan, Raney, Sains, Scott, Stockton, Wadsworth, West, Wilson, Zim.-31. ... 15-f5 Also, An act$
V'h §AiC2 t by its title ind referredto tole ( iommzittee on Cd-11 0 Mild Cornty Organization.

Pi v K -i i eyoved nt IL` Seneate adjourn until 10'cjclck a. in., tomorrow;%.

W'hich was agreed to.Thereupon the Senate stood adjourned until ten o'clock

tomnom ow, Wednesday, May 31, 1905, at 10 o'clock a. m.

WEDNESDAY, MAY 31, 1905.

The Senate met pursuant to adjournment.The President in the chair.

mue roll being called, the following Senators answeredto their naites:

Mr. President, Senators Adams, Alford, Bailey, Baskin,Blount, Canova, Clarke, Crane, Grews, Crill, Davis, Faulk-ner, Gillen, 1--harris, Hudson, Humphries, 'Jackson, Lee,McCreary, Mlassey, Neel, Newlan, Raney, Sains, Scott,Stockton, Wadsworth, West, Wilson, Zim.-31.

A quorhm present.Prayer by the Chaplain.The Journal was corrected and approved.

INTRODUCTION OF RESOLUTIONS.

d Mr. Lee introduced the following:Senate Concurrent Resolution No. 22:Be it resolved by the Senate, the House concurring th.it

beginning with Junel1st, the Senate shallonly considerHouse Bills and the House only consider Senate Bills;That no other Bills shall he considered except by unani-mous consent.

Wl'hich was read tlhe first time.Mr. Lee moved that th-e rules he wavoiived and the Resolu-

tion be read a second time.Mr. Lee -withdrew the resolution.*lMr.Adaims introduced the followin-Senate Concurrent Resolution No. 23:Be it resolved by th~e Senate, the House of Representa-

tives concurring, that the Board of Commissioners desig-nated by an act passed by the legislature'at this session,

1543

"to exafluine into and report upon claims against the Statearising from itioneys received by the State on account ofIndian War Claims, be directed to consider in the intro-duction made under said act the reports of commissionersappointed under iesusmn c, ALs of the legislature, a copy of'which reports are spread upon the journals of the legisla-ture in adopting this resolution.I· Wr~h'ich was read the first time.

Mir. Adanms moved that the rules he waived and the reso-lution read a second time.

¶I - s~rWhich .-as av~reg -m to by a two-thirds vote.i And the reso'lution was read a. second time.Ur. Adams moved the adoption of the resolution,"Yit-h noa 'uraced to.2u& Appendix.) i<:77i7Z

riI'ea - PitroO-i r IN o0-rnrrcn-t Reso- 1n-t-on No. 24:

i-c p · e~d, I~1,icuniots amnn~ntdory vots have been passedrielath,, t( ii' ubli roada and highwrays, and pertaining todn-' 4" c"' c -ountm Eo'nnUi9'i' nei therefore, be it

P e,-lB LOed T'i i:t the ittorne vaGeneral be r'eaonested toconwiloe Lav -ivn 'u-' ted in vi v-r '' form ili acts iMat-ing to lblic a c and the dntieu- of County Commis-sioneris; and

Wtsolved, 2, That thIe Secretary of State be required tofur1nish such romnplation to any person upon the payment tof one dolar ( $11.0) for each copy.

VWbhich'wais read the first time.Mr. MlcCreary moved that the rules be waived and thed rerolu-tion be renfd a second timeo-Which wAras agreed to by a two-thirds vote.Anud the resolution was read a second time.Mr. McCrearv moved the adoption of the resolution.Which was agreed to.Mr. Alford introduced Senate Concurrent Pxesolutior

N0. 25 :Askhing Congrr--ess to miakl-e a sufficient appropriation of Imonics to dleeren the channel at Carrabelle Harbor so as

to allo-w fscza-goi-g' vessels and other water crafts to cometup to the docks of Carrabelite to take on and discharge(argoes.

le it resolved by the Senate, the House of Representa.theie concurring:

That our Senators and Representatives in Congress hean life sam' e are hereby instructed to introduce in

li aear ee

A-

1544

the next United States Congress some suitable measure----- 5 to make a sufficient appropriation of monies for the hat'-

bor of Carrabelle, in rvranklin county, Florida, for thepurpose of deepening the channel of said harbor, so as toallow sea-going vessels and other water crafts to take anddischarlare theni cargoes at the wharves of said town ofCarmabeile, Fliorida; the appropriations for said harborheretofore made being wholly inadequate to secure a suffi-cient depth of water up to said town, to permit sea-goingships and all water crafts of average tonnage to disn :harlgetheir cargoes and rieload at the wharves of said town,which is materially to the detrinent of the gm-at businessinterest *df this part of the State, and to the southernoi~lt-ies of the SCtate of Georgia lying ontiguous to this

section.W\huih was read the first time.

1i% `-Afovd miioved that the rules be waived and thatthe ic :omoin be read a second time.

1 hich w."As agreed to by a twov,-thirids vote.Anukd Senlciate Coneurriet Resolution 2N. 25 was read a

secuond time.A-Ir. rAiiord moved the adoption of the resolution.Which wAas .a-w-eed to.By permiissioln-MIi-. enott. (,:a iiraua of the Committee, on Enrolled

Bills, subimitted the following replort:Senate Chamber,

Tallahassee, Fla., AMay 31, 19(5.Ron. Paik MA. Tramniell,

President of the, Senate.S IR our ccwinttce ou Enrolled Biis to whom was

refre]V -r

ai ait to anthorize ad empower the Board of CountyComm'-ssiowurs of Taq lor counuty to levy a special road taxof aMe oilar (pl.'I 0% per anniun upon every person suh-jcet P. r''iL dloty ir saud county in addition to the tax1·i (C U -ilz~i U l i law Onl peratmL)al 1lroperty and realestate. and~ to uuzceI penalties flor lefing to nay saidspecial road tax by the person subjec:t to said road duty.

A lao,An act authorizing, the City of Jacksonville to issue

bor.nd and prov-iding for the pz-.yicunt thereof.Also.An acit to authorize the sale and disposal of duplicate

volumhies of hooks belonging to the Supreme Court Library.

Iii15-f5

Also,An act to extend the time for completing the canal of

the Florida Coast Line Canal and Tratsportation Coru-pany. and to preserve and continue the grant of land toaid in its construction and authorizing the Trustees of :

the Internal Improvement Fund of the State of Florida to hold one hundred thousand acres of the lands now heldin reserve for said company until it hlhall complete it!c inals and rwatenrways from St. Augustine to the St. Johnlls

Riv-er, anld plovxdin the time said canals and waterways ,between St. Augrnstine and the St..Johns River shfall be commenced and for its continuous prosecution until corn-

]dtecd, and providing that in the event said company de-sires to sell its canal, the State of Florida shall have theireflsal, alnd prov-ionlg that the provision as to one hundred thousand acres, and the provision as to giving theState of Floridla the refusal, if said company desires wosell, shall not be construed so as to interfere with, alter,chaln.e or impair ap7y rights, privileges, ploperty, grants or franchises of said company now existilg, except as to

the one hundrel thousand (100,000) acres of lhnd as here-inafter mention.ed.

Also,An nact to repeal Chapter 5291, of the LaRws of Floriia>

Acts of 1903. entitled "An act to regulate the catching r

talking of fish in the wvaters of Manatee county of the

State of Florida and to prohibit the taking or catchingof fish euce pt for Cverm-)ial consumption during the period

4 front the twenty -tl iii d (if Nov&e:nmer to the thirty-first ofDecemeber of each and every vyear, and to reguat tl ifh

mannrer and means to be employed in talking fish caughtfrom said waters and the length, depth and kind of nets

that may, be employed in the taking of fish from saidwaters aInd to prescribe a limit to the size of mesh ofnets allowved to be used for tle purpose of catching and

taking fish from the waters of said county, and to pro-hibit the translortation for the purpose of sPAle of ansfood fish frml the limits of said county from the twentyv-

third day of Novemlber to the thirty-first day of Decemberof each and every year. and to prescribe a penalty for tl:e

violation of the provisions of this act.Also,An act to prohibit the catehing of food fish in the fresh

water lakes of Manatee county, State of Florida, with nolr

,Ac

5.~~~~~~~~~~~~~~~~~~~~~~~~ · 1

2,'

1546

seine, net or set device, also to prohibit comLion carrieirsfrom tlransportiug or receiving for transportation suchfish writhin the limits of said county, and to prolhiblit persons flrom selling or offering to sell, shippingo or offevingfor siplrmellet or transportationll witLLhin the limits of saidMlualnee county, food fiLsh caught or taken from the wa-ters of stuch lakes otherwise than with a hook and line..and plrescrlibing a penalty for violation thereof.

Also,A joint resolution proposing to amend Section 9 of A?-

itele V' of the (Constitution of the State of Florida, relat-ing to the salaries of Justices of the Supreme Court andCircuit Judges.

Have examinedl the same and find them correctly en-i} rolled.

rolled. Very respectfull1y,I'. T. M. SCOTT,

S~~~~i'·~~ ~Chiairma l of Coniittie.i . e tl tIr contained t 1 in th:e above report wiere referred

te the Joihlt Committee on Enrolled Bills.

l'·' ~ By permission-lMlr. S mas, Clairman of the Committee o-l City and

I .Connty Organizat:on, submlitted the follovillng report:Senate Chamber,

Tallahassee, Fain., IMay 31, 1905.,! EO1Hon. Park MI. Trammnell, S

Plresident of the Senate.SIR Yoll- Conmllmittee on Cityv andl Coullnty Organiza-

II, ' 'tiou. to wnllo w as referred-Senate Bill No. 39S:

lAzi bill to be entitled an act to amiend Section GS80 of theRevised Statutes of the State of Florida, entitled "Parks,

.b ! Streets, etc."Have lbad the same under consideration and recommend

1,,, hthat it do pass.Veryv respectfully,

FRANK W. SMIS,

Chairman of Committee.And Senate Bill No. 39S, contained in the above report,

r'l :~was placed on the Calendar of Bills on second reading.

f

By permlission-

Mr. Adams, Chairman of the Committee on Appropria-

tions, submitted the following report:Senate Chamber,

Tallahassee, Fla., May 31, 1905. Hon. Parlk M. Traminell,

President of the Senate:

SIR-Your Committee on Appropriations, ,to whom was '

referred .House Bill No. 410: -A bill to be entitled an act to appropriate the sum of

ilu30, or as much thereof as is necessary for the preseiva-tion of the Eattle Flags of the State of Florida.

Xtl F10X

i d

Holne Bill no. 5-1-i:i brill lo be e-titheu an acet to provide for lbuildings and

oii iUlip'.l lll-'niU fo -tlhe Florida Hospital for the In- FF 3'

snlne. ' ...

Also, Senate Bill 14o. 3SS:A bill to be entitled an act to amend an act entitled

an act to prescrie the mode of procedure in cases of sup-

posed insanity, to provide for competent examination, to

define the duties of county and circuit judges, and to re-

peal all law s in conflict with this act. -t

Also-o.House Committee Substitute for- House Bill No, 252:A b)ill to bo enUtitled n t defining the manner and

course of commitment of minors to the Florida State Re- S

form School, at Mariana, clefining whn-o shall be committed;

andfo, w!hat time, and upon nhat conditions, regulating

the discipline, providing for the proper management of

said reforml shllool. and appropriating money-for the bene-

fit of said institution.-flavre h!ll thle salmle ulnder consideration and reco:mmend

that they do pass. Vlery, relsietfally

F. A. ADAMS, -

Chairman of Committee.

And House Bills No. 110, 547 and House Committee

Substitute for House Bill No. 252, and Seiate Bill No. 388

eontained in the above report, were placed on the calendar of bills on second reading.

1548

By permission-Mr. Harris, Chairman of the Committee on Judiciary,

submitted the following report:Senate Chamber,

Tallahassee, Fla., May 31, 1905;hHon. Park l. Trammell,PArosidcnt of the Senate.

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

Senate Bill No. 3SO:A bill to be entitled an act providing 'for buildings and

other improvements for theFlorida. Hospital for the In-sane.

Beg leave to return the samne herewith withoutrecom-meudnation.

.Very respectfully,W-. H1UNT'HARRIS,Chairman of Committee.

And Senate Bill No. 389. contained in the above report,-w: : as placed o-n the calendar of bills on second reading.

_Pr p:erJMmssMon-Mr. Harris, Chairman o'f the Committee on Judicia.ry,

suibmitted thefollowing report:Senutq Cha9mber.

Tallahassee, Fla., May 31, 1915.Rion. P1ark MI. Trammell,

Ploe idetl of 417w e1nate.'AR YJR_10o1ur Committee on Judiciary, to whom was re-

f er) ec'--Elouse Bill N o. 5 46:A bill to be entitled an act to amend an act entitled

an a t to mm o's-'criae thle mo.1de of prCoceduri e inl cases of su,-

posetd insl-anity; to -provide for conmetent eamaiunfation; todefine thte duties, of county and circuit judges, and to re-peal all l-Aws in conflict wlitha this act.

Fave. Ind thce smer uind1er csnsideration and r commendthlat it pIass.

'Very re-pectfully.yr. '(JIPN H1ARRIS,(Uho iVD1an of Comm1[ittee.

a And I-louse Bill No. 51(, contal t ed in tte above report,.was placed on the calendar of bills on seconid reading.

-ap

I · -~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I

1549

By permission-Mr. Harris, Chairman of the Committee on Judiciary,

submitted the following report:

Seenate Chamber,Tallahassee, Fla., -Mlay 31, 1.995.

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

&I GSIR-Your Committee on Judiciary, to whom was re-ferr~ed!--

House Bill No. 420:A bill to be entitled an act to providelfor the cancella-

tion of void, illegal or imperfect tax. certificates now or

hereafter to be held by the State and to provide &onmpi1-

cation for the clerks making such cancellation.Have had the same under consideration and recommend

that it do not pass.Very respectfully,

W. RURT H`RRIS,Chiairman of Committee.

* And House Bill No. 421, contained in the nbore report,was placed on the calendar of bills en second readinrg.

By perlmission--iR Harris Clxctirnin of the Committee on Judiciary,

subm11itted the following report: C bSenalte Chapiber.

Tallahassee, Fla., May 91, 1905.

A Hon. Park M. Tranmell,President ot the Reanate:

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

House Bill No. 552:A bill to be entitled ,an let to pvovidle for the- effect of

the recordi of deeds· and a gao~es of realty as notice, and

to pr.ovide for the relinqri luhnent of dower.7sg Icavcie to reU-cru thc t ~,n:e sŽmcwthaout recomlmendation.

Very ) r05])ectfuly,-NY. HUNT HARRIS,Chairman of Com11uittete.

And House.Bill No. 552, contained in the above report,#was placed on the Calendar of bills on second retading.

Ac-

1550

By permission-ifr. Gillen, Chairman of the Committee on Eclncation,

submitted the following report:S enate Chamber,

Tallahassee, Fla., May 31, 1905.Hou. Park XM. Tramnmell,

President of the Senate.SIR-Your Committee on Education to whom was re-

ferred-Senate Bill No. 395:A bill to be entitled an act requiring the county com-

nissioners of the various -counties of tlhis State to levyand aseses such niiliafge for taxes- for school purposes,

Yvwithin tborh , va'14P t'laa&.t 10 libe necs"tlry to

meet the ietinici cstidjaiea nhowv reqsuiued by Hrwv to be) i;~~~~a1 i' e ea-J ilalli -,

T eryg resuject;uill)

I~i elli i2iitmade i u t ie ; 'rOIL;~N

I, ~ililll~OUS III L il lIIL~5 a

Chairman of Coinmittee.

And Senate Bill No. 395, contained in the abeve report,was lamcied oh the calendar of bills on second readking.

-By p~ermiliscin-Mri. Bounit, Chairman of the Commlnittee on Constitu-

tional Aironudinents, submitted the following report:Senate Chamber,

Tallahassee, Pla.,, Mlay 31, 1905.ULUJJ. -AL e tix. Tranaw.IlI,

P-eside-nt of the Senate:SIR-YL-our Committee on Constitutional Amendments

to whom was referred-E!ihnate Joint Resolution NTo. 56A joint resolution propesimigan amendmient to Article

IL·Xli? S·ito I', of the ?oustjtvtiiL, -of the Sal e of Flo-id,

relating to local owtion to deeidle whether tbM sale of in-toxicating liquors, wines or beer shall be prohibited.

Have had the samne under consideration and report the

same without recommendation.Very respectfully-,

W. A. BLOUNT,Chairman of Committee.

41~~~~~~~~~~~~~~~C

1551.

Anll- file i-S Qt Pucun-lnt-icn Jo. SQ, colntined in theabo b;: , i --ia § c- on the Calndar of Bills onsec-on :tLig. .

ENy 1'."';'· iol-Mir. Al La C ithairlanll of the Committee on Appropria-

tio•& , suA n itted the follow-ing, report:Senate Chamber,

oallahassee, Fla., May 31, 1905. Hon. Park AI. Trammell,

Presidelnt of the Senate.SIR-Your Committee on Appropriations, to whom was

referred-Senate Bilil No. 380: A bill to be entitled an act to aid the furtherance :-f

the Florida Historical Society. Have had the same under consideration and beg to re-

port as a substitute therefor the accompanying bill to be entitled-

An act to establish a department of archives and his-tory for the S'tate of Florida; to prescribe its functionsand duties, and to provide for its maintenance.-

And your committee recommend that such srbstitutebe passed.

Very respectfully, t F. ADAMS, -


Ancl Senate Bill No. 380, contained in the above report,together with the substitute therefor, was placed on the .Caiendar of bills on second reacldog: -

By permission-'ir. ESarris, Chairman of the Committee on Judiciar

slbluitted the following report:

Senate Chamber, Tallahassee, Fla., Mav 31, 1905. -

Hon. Park I. Trammell,President of t7he iSelate.

SIR-VYour Commllittee on Judiciary, to whom wVas r*eferred-

- A I',' '

Senate Bill No. 12G:A bill to be entitled an act providing that comluon car-

riers shlall pay claims for a loss of or damages to any ship-ment received by the said comlmon carrier, within a cer-taiu t:lme from thle filhiig by the shlipper of said claim with

L-~ ~ the said comlinon carrier, and when rnuler ertaain condi-tions they fail so to pay said claim, the said common car-rier shall pay interest on thle said cilail at the rate oftnsnt--five per cent. per annum, and under certain condi-tions sliall Ie allowved judgment for the said interest inaddition to the said claim.

Return the same without recommendation as the Sen-ate has alreadcly passed a bill on the same subject.

,,<_- AVery respectfully,WV. HUNT HARRIS.Chairman of Committee.

And Senate Bill No. 120, contained in the abov- report,nwas placed on the calendar of bills on second reading.

By permli!slson--Mr. Scott, Chairman of the Joint Commlittee on En-

rolledl Pills. subwlittecl thefollowinig relport:Senate Chamber,

l~~~ : ~~~~~Tallasthassee, Fla., May 31, 1905.; E~Hon. Park AI. Trammell,

President of the Senate:SIR-Your Joint Committee on Enrolled Bills, to

whom -lRfiS referred-Aln act to authorize and empower the Board of Colunty

Coimn ssicnoers of Taylor county to ievy a spec.ial road taxof one dollar ($1.00) per annlmuiupon every person sub-ject to road duty in said county in addition to the taxnow authorized by law on personal property and realestate, ald to plrovide p;enalties for reftsing to pay saidspecaial road taxs by the person subject to said road duty.

Also,An act authorizing the Citv of Jacksonville to issue

bondl6s and providlingl for the paymelnt thereof.j . At] SlyO,

An act to authorize the sale and disposal of dupelicatevo-ilites of boloks heloughl', io the Suprele Court Library.

Also,0i, actr t fo c-xtent! e ilf ftimne for comllpleting the canal of

Ile Flo-idca C('a t f.Ie ('al]nal anud Transporltation Coin-

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1553

pany, and to preserve and continue the grant of land to aid in its construction and authorizing the Trustees ofthe Internal Improvement Fund of the State of Floridato hold one hundred thousand acres of the lands now heldin reserve for said company until it ishall complete itscanals and w-aterwrayrs from St. Augllstine to the St. JollhnsRiver, and providing the time said canals and vatera-ways between St. Augustine and the St. Johns River shall bp Vcomnlenced and for its continuous prosecution until corn- 1plrtr'l .uml Ip-eviding that in the event Isaid company de-sires to sell its canal, the State of Florida shall have the refusal, and provid.ing that the provision as to one hun-dred thousand acres, and the provision as to'giving theState of Florida the refusal, if said company desires cosell, shall not be construed so as to interfere with, alter,change or impail any rights, privileges, property, grants or franchises of said company now existing except as to the one hundred thllousand (100,000) acres of land as here-inafter mentioned.

Also,An act to repeal Chapter 5291. of the Laws of Florida,

Acts of 1903, entitled "An act to regulate the cAtching ortakinrl of fish in the waters of Manatee county of theState of Florida andll to prohibit the taking or catchingof fish except for persolsnal consumption during the period3from the twentv-tbilrd of November to the thirty-first ofDecember of each andc every year, and to regullate themr- n r- Pnd r-aois7 to be empiloyed in taking fish caunghtfrcm said waters and the length, depth and kind of nets that may be employed in the taking of fiLh from saidNwaters and to prescribe a limit to the size of mesh of nets allowed to be nused for the purpose of catching andtaking fish from the waters of said county, and to pro-hibit the transportation for the pulrpose of sale of arty 'food fish frcml the limits of said county from the twentv-third dnv of -Novemiber to the thirty-first day of Deelembeof eal anid every yenar, and to prescribe a penaltv for theiolktion of the provision.s of this act.

A lso,An act to pr-ohibit tlhe catching of food fish in the freih

wn-.ater lakes ef Manatee counnty, State of Florida, with allyseine, net or set device, also to prohibit common carriersfroml transp-ortiLg or receiviung; for transportation sauh-fish within the lillmits of said county-, and to prohlibit per-

ie

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a-

u, f i,r 1(-1 ¶oe t G AV-

* o I &Co Lm i tu tiiJim>I l ie V 01ae tof F rihql, runat-tar, t( L sI I ifS Ofs oa retica of the h t pveldu Court and(Cicuit Judotd-

Have exanmine the sawne and find tfem correctly en-

Very respectfulilyT. M. SCOTT,

Chairman of Committee.And the acts contained in the above report were referreil

to the Joint Committee on Enrolled Bills, to be conveyedto ti&e House of Representatives for the signatures of theSp eaker and Chief Clerk thereof.

E- nererlissilon-Mra. Scott, ('1hairman *of the Joint Committee on En-

rolled Bills, suibmitted .thefollowing report:Senate Chamber.

Tallahassee, Fla., May 31, 1905.Hon. Park Al. Trammell,

President of thie Senatc.SIR-Your Joint Commnittee on Enrolled Bills, to whom

was-.-, referred-Ailn act to pr'ovide for reprmintinug Supremiie Court Re-

pTorts of Frwrtia.

an act-- fu-r then relief of T. A. Logos.Also.An act to amendtI an act entitled an na t a to t! provide for

the tasesvsient, levy anid collection of revenue for the Cityof Pellnacola, ap)proved May 22, 1901.

Also,An act for the protection and preservation of fish in the

olato- of Florida, and to prohibit The shipping of certainfishi during certain months and providing a penalty forthe violation thereof.

An act providing that corporations doing an expre.s

business, tranrsporting express shall pa-y elniu for a loss

.or toia~ vrrjj slit men r~eceived lixr thae said colp~or'-

't Wtj-; a cAptaini time fromn the filhing by the shippet

(~~~P1 ~...-ti F ita , ,c Th CJC C'I a c i ait. whe l WAJhe

in K ± - . dmined the s$5112C, anus ] fin~d them corArectly i~n-relkdli 1 n Oth ai i A

relic ~~~~* Very r~ecpectfully,

T. M. SCOTT; Chairman of Commlittee-.

And t he atts (o-taln-ed in the above report wjere referredsto thle Joint-A Committee on Enrolled 'iLto be conveyedto tbe Housoe o I Representatives for the signatures of thu 3,Speaker ainti Chief Clierk thereof.

Mr. Adams moved that the rules be waived, and thatmeissalges fromt the House of Representatives he taken up.

Whkch -was agreed to by a. two-thirds vote.Xknd the S,-enate proceeded to consider-

MESSAGES PROM HOUSE OF REPRESENTATIVES. ii,rrhe followiu- ml-essagye from the House of Representa-

tives was read:House of Represent-aivc-s, . ,

Hon. Park . Trammel]Tallahassee, Fla., Mlay 30, 1905.

in~feanxr, the Senate thalt the House of Representatives haF;

House Bill No. 388:IA, ill to be en~titledl an acet to amend Seto.2598 of tile

- Pe-isd S Lues o Plril, bingentitled 'icarnal inter-con~es with-lunm~rnied fe-malies under the age of sixt'een

r.! espectrnnly request-s the concurren-ce of the Senate

therete.Vrery respectfully,

J. G. KELLUM,' hief Clerk of thle Henc~e of Representatives.

A i 1O House Bill No. 388, contained in the above mes-98S.11D.

sage, vas read the first time by its title and referred -..the Committee on Judiciary.

The following message from the House of Representa-tires was read:

House of Representatives,Tallahassee, Fla., May 30, 1905.

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

SIR-I am directed by the House of Representatives to-inform the Senate that the House of Representatives haspassed-

1-Louse Bill No. 412:A bill to be entitled an act authorizing the town of

TPode City, Florida, to issue bonds for grading, paving ando0therwvise improving the streets of said town and to pro-vide for the payment of the principal and interest.of saidhones and the application of the proceeds of any suchbonds to the purpose for which the same may 1have issued.

And respectfully requests the conceurrence of the Sen-ate thereto.

Very respectfully,J. 0. KELLIJM,

Chief Clerk of the House of Representatives.And Elouse Bill No. 412, contained in the above mes-

sagp. was read the first time by its title.

Mr. Jackson moved that the rules be waived and HouseBill No. 412 be read a second time by its fitle only.

Which was agreed to by a two-thirds vote.And House Bill No. 4-12 was read a second time by its

title onlayMmr. .lackon moored that the rules be further waived, and

ihit Iouse Bill No. 412 be read a third time in full and!ptit upon its passage.

W\ hih wa s ogreed to by a two-thirds rd te.\"I'd 140or11e Bilil No. 412 was read a thired time in full.pm c all of tfio roll on the la~ssape of the bill the vote

A c~:i--;h9 rPresideut, Senators Adamis, Alford, Bailei',a liat, Ccor. Cr'an, Crews. Grill,P '' ic' Millse, Harris, Huds Jacnkson, Lee, Me-o;-cr, N"el, Nevia). Palle, Sans 'Scott,

uito·,c~i n ,ae-swtol. W1st. Wlsoi on, III-2-NIs one.

I~~~~~~ t7

1 557

So House Bill No. 412 wras passed, title as stated.

By permission-Mr. Scott, Chairmlan of the Joint Committee on En-

rolled Bills, submitted thefollowing report:Senate Chamber,

Tallahassee, Fla., May 31, 1905. ,1Hcon. Park Ai. Tralllmell,

President of the Senate. ;iSIR-Your Joint Committee on Enrolled Bills, to

whom was referred-

An act to provide for reprinting Supreme Court Rie-ports of Florida.

Also, An act for the relief of T. A. Beggs.Also, 'An aet to amend an act entitled an act to provide for

the assessment, levy and collection of revenue for the Cityof Pensacola, approved May 22, 1901.

Also,Al act for the protection and preservation'of fish in the

State of Florida, and to prohibit the shipping of certainfish durling certain months and providing a penalty forthe violation thereof.

Also,Au act providing that corporations doing an express

4 busines. t1ranlsportinlg express shall pay claims for a lossor danlage to any shipment received by the said corpor-ation, within a certain time from the filing by the shipperof said claim with the said corporation and when undercertain conditions they fail so to pay said claim the saidcorporation shall pay interest on the said claim at thefate of twentv-five per cent. per annum; and under cer-ta'n conditions shall be allowked judgment for the saidinterest in andditiel to the said clailm.

Beg to report that the sntwe have been duly signed bvthe Speaker and Chief Clerk of the House of Representa-tives, and is herewith presented to the Senate for the signatures of the President and Secretary thereof.

Very respeetfully,T. M. SCOTT,

Chainnan of Committee.

ENROLLED

The Speaker anaouneed that he was about to sign-l! t-t to "i fc " - ic tg Su·preme Cour.t Re-

port's of - Floertn.

'?it "'4 l f ef T.-A. Verts. LAlso,

t to amdicl 'I; at cn11titleil an act Jto 1urovide forthe arsessent, levy, and colilec(tion of revenue for the Cityoi Pensacola, approved MIlajv 22, 1901.

Also, i

An act for thi'e protection and preservation of fish in theState of Florida. and to prohnhit tbe shipping of certainfish during certain months and providing a penalty fortim. violatnion thereof.

Also;An act providing that corporations doing an express

LmusinMes, transporting express shall pav clniinz for a losser-- 1I-nrn:e to any shipment received by the said corpor-ation, within a certain tihle from the filing by the shipperof said claim rwith the said corporation and when undercertain conditicns they, fail, so to pay said claim the saidcorpcratian shall pay interert on the said claim at therate of twentl fi; e per cent. per annum; and under cer-taUC conditions Shall he allowed judgment for the saidinterest in addition to the said claim.

TPite acts: te l'refore dutay stguned by the Presidentand -ecretari of tbe Senate, and ordered returned to theC'hmamon:~~, ( i`let 4 Committee on Enrolled Bills tocor rev to flie lovelror for his approval.

B;' perniussioMr. Scott, Ch-airman of the Joint Comutittee on En-,

,relied Filist-,sunbmitted thefollowuing report:Seo-nate Chamber,

Tallahassee, Fla., Mfay 39, 9006.Hfon. Pafrk Trammell

P,cridcu~t of tlh!e ASeCnate.it ' SIP-Your Joint Coimmittee on Enrolled Bills, to

whomn was referred-An act to authorize and empower the Board of County

Co~u~mssien c~l of rpaylor county to levy a special road taxof one dltnlavr igi .00) per annum upon every person sub-ject to road duity in said county in addition to the tax

now authorized by law on personal property and redlestate, and to provide penalties for refulsidng to payT saidspecial road tax by the person subject to said road duty.

Also,An act authoirizing the City of Jacksonville to issue

bond~s and providing for the payment thereof.nIso,

Au act to,- authorize the sale and disposal of daips atae ~~* volumes of hooks helon-ghig to the SupeeCor ibay

* ~~Also,* ~~An act to extend the time for completing the canal of

the Florida Coas~.t LUreCna n Transportation Coin-parry,,and to pre,-ervPe and continue the grant of laud tPaside in its co-nstrucItion and author~izing- the Tpustees of

th--e ilnt'c-iaal Lr__,s-ovcmeut Fund of the~ State of Floridato Loll CBS nounelthosn acr~es of the lands now held

Tive-. I 1?± I o", Anti I t -'If e L al J"'

cC1 r-1-;-nCd -rod fl ,:r !tcnftin'iOris pr:Oseeflti Unr til coinphtc2, au pisvuin" ial in th'e cuit eaid compiiay de-

refs- 1 s1p

1 ~ t r3"1i to one h ua (IIre d qr-'a I V ces, nai the provlRiori 'rn to onvrir. tt

. -~~~~o e t < ± w-,-4,roa1i it ',,J convariany USSsi H:1 soil A -~~j~l pabir ctjr,,tlre~_ ~o as to inte~rfere wit,-h, alter,

(Ut1?'W si lipalir any riglhtsx, privileges, property, grants01 fiaucliic's ci O aid compia-ny niovw exlistill 2. iescept as co

ti_ l-"nmdva' cr hausid (100,000) ad -is of land as here-

C ~~Also,0An. act to xejwpe hptr I2.Lz 1 ofteLav,soflrd,Act If 1~C3 -tild A act to regulate the catchi g or

tk1;of fish in I'lVe waters ofMnte ony of. theSt c of' Florida and to p-rohibit the takiny -or catching -

of flsh eCe, t foC prna consumption during the period 2fronii the twentytid fŽoemher to the thirty-first ofL1ece'e.ber of each and every year, and to regulate theM fl anner and means to he employed in taking fish cauglhtfrom said waters and the lengt, det n ido ~sthat may he employed in the taking of fish from said

* waters and to prescribe a limuit to the size of mesh of

nets allowed to he used for the purpose of catching andtaking fish from the waters of said county, and to pro-;

1560

hibit the transportation for the purpose of sale of any

food fish frm the limit's of said county from the twenty-third day3 of November to the thirty'first day of Decemberof each -11d every y7ear, and to prescribe a penalty for tlievioiation of the provisions of this act.

Alse,lil act to prohibit the catchingr of food fish in the freshwvater 1ianc cf Manatee county, Mtate of Florida, with anly

seiine, neit or set device, 1l o to prohihit common carrier-sfrom ti iisparting or receiv'n 0' for transportation suchfieui u iliui tue limits of said county, and to prohibit per-sons iom seliling or offfering to sell, shipping or Flirin

for hi inc t or tra mportation within the limits of swlt)Mainate o ntc-y food firs casnlht or taken from the na-ters ui srP lakdles othev.-wlse t11an with a hook and line,ai ' cr-1,ie,-clng- a penlalty f cP ioklticn thereof.

Also,\. Joint resolutionii pro-posing to amend Section 9 of Ar-

ihiO \T of 1he Cdonst-tution of the State of Florida, relat-Cil)"- to flie Rsalarieis ci Justices of the Supreme Court and

Circunit Ja'l-s.Ee-.I-o ia mlort tihnt the scame have teen duly signed by

the drealcer and C1iimf Clerk of the IlT cj[: of ReepresentaI

fare.vi is herewith preienited to thie Senate for the~aratueS of the Presie- andc Fe rtary- thereof.

Very respectfully,T. M. SCOTT,


A il Ij] ENROLLED.

ThIe Pesit annuonnced that he -was about to sign-An ac-t to mathorize and empowery the Board of County

·EiComuvasiopi~n ce of Taylor county to levy a special road tax

of onjje dilar ($$.Ot)) per annum upon every person sub-jct-' to ;-,,-,ail Che- in said county in addition to the tax

now an-thrlm ,M iav w or por anal property and real

estate, and to priovie penalties for refu-sing to pay .saidsp'eci-l read La--- It,- 0-e person subject to said road duty.

Also,An act anthoiizin- the. CurL. \ f Jacksonvi1e ito issue

bonds anil providhing for t1he payment thereof.Also,An act to authorize the sale and disposal of duplicate

TU]

1561*1 ~ ~ ~ ~ ~ ~ ~ 1Gvolumes of books belonging to the Supreme Court Librart.

Also,An act to extend.the time for completing the canal of

the Florida Coast Line Canal and Transportation Coin-pa-n y, and to preserve aid continue the grant of land (toaid in its construction and authorizing the Trustees ofthe Internal Tiiprovement Fund of the State of FloridAto hold one hundred thousand acres of the lands now heldin reserve for said company until it -shall complete itscaInals and wAaterways from St. Augustine to the StJ. ohnsRPiver, and provding the time said canals and wal~ertw'aysbetween St. Augustine and the St. Johns River shall heconimineucted and for its continuous prosecution until coin-pleted, and providinlg that in the event :said comipainy de-sires to sell its canal, the S.Ntate of Florida shall have therefusal, and providengc that the provision as to one hun-dred thoiwsmud acrs, and the iprovision as to giving thleS, tate of Floirida the refusal, if haid company desires to.sell, shall not be construed so as to interfere with, alter,chae or imr upair any rights', privileges, property, grants ror franchises of said company now existing,,except as tothe one hundred thousand (109,000) acres of laud as here-ipaftei menlitioned.

Also, I

An act to repeal Chapter oi91. *of the Laws of Floridla,Acts of 1903, entitled "A.n act to regulate the catching ortahir1 ; of fish in the waters of Manatee county of theStollc of Florida nod to prohibit the taking or catchingof ioht;li except for pe-noaal consumption during the periodfroml thie t~entythil d o' November to the thirty-first ofDecemiber of each and every year, and to regulate themanner and means to be employed in taking fish caughtfrom said waters and the length, deoth a ine] 1--nd of nctsthat mar be en;omb-red in the talino of tkh' frothi saidwaters and to prescrihe a. lihat to the sixe of mesh ofnets allowed to be used for the purpose of catching andtaking fish fqom the waters of said county, and to pro-hibit the transportation for the purpose of sale of ans'food fink from the limits of said oulty fro'm the -twe-air-third day of November to the thirty-first day of Decemberof each and every year, and to prescribe a penalty for theviolation of the provisions of this act.

Also,An act to prohibit the catchingof food fish in the fresh 7

water lakes of Manatee county, State of Florida, with any -

1562

seine, net Or1 set device, also to prohibit ccmmon carriersfrojn tiransportingl- or receiving, for transportation suchfish within the limits' of said county, and to prohibti per-so~ns ixta eiliug cdr off1eringo to sell, shipplnJg or offering

8jl f Por shipment or transportation within the limits of saidI' ianatee county, food fish caught or taken from the wo-ters of sucha lakes otherwise than with a hook and line,and prescribing a penalty for violation thereof.

Also,ijni t rc toorr-tiop to amend PFeA10ction 9 of Ar-

PtIe 'f W the Comistitution of the State of Florida, relat-11'10 to "lle, sa11-iu s -f Jusntices of the Suprieme Court and

a-k-ultj jmlgcs.

T'il*e azetl! '5 f&' tVe (",duy s gned by the rP 1ooatin' i "'1 c:retnr5' Of iltO S~nate, wad or-lderjed katur ci In te

o It r " c nvie Bills. to

CIN·. ~ lfl c'i'9 t Hoxse Bill 'To. 528 be takcnitX, "its wftC" nuctii' OV cons £erfed

P l~h1 ' h w3as agreCa to oy a t ,o othirds vof e.AndHouse Bill No. 528:A bill to be e7ntitle-d an act to amiend Section 1, Chapter

53417, Laws of Florida, being an act entitled an act amend-in",. 1e icharter and affectidtgix: gorernmemt poWerts, duitiesj, jurisdicetion, ofiieeeys, boonns and elections of tile city

pil. of JacksonvDlle, extending and enlarging the powers ofth e citly agovcrnmnent, and providing A method whereby thecity c-harter ittax be hereafter amended by ordinance, ap-proved by the electors of the city.

Was taken 'up and read a second time in fulll, togetherwith the amendmients offered bv the Committee on) Cityand County Organization.

'tr. tcicton tooved That the rutiles be waived and Hous'ePill "a. 528 he read a second time by, its title only.

Which was agreed to by a two-thirds vote.

.A nF OIr!le Bill No. 528 was read a second time by its

7Vr. Sterk14-tcn offered the following amendment to Housetill No. 528:

Strike ont all of "SRction 1" after the words "as fol-lows-.," and insert in lien thereof the following:

1503

"Section 1. Th e number, powers, duties, terms ofoffice and time and manner of election or appointment ofany3 and aih-boards and officers of tile City of Jackson-v ille, -whether created by- or recognized in State legislationor citys ordinmance., excepting only1th lgslate po.,c( ~~and Ariies. of the City_ Council, may be amenided andchanged, and azy an all the boards and officer-s, wbe-.th n!

rcaT'ted by or riecognized in 'Stared legislation or city or-dinance, may be abolishbed and new boards and officerscreated bi, oidinanue adopted by the affirmuative v'ote of*no't less ii -in two-thirds of all, the membeis of thle City 1Coum iH and appni oed by tin Mafyor oi passer! (ii~le sveots m a "-('~'ari anal election anpravoId b-y thle

af~r't~ ~oat (4 a majorit-,v of all the elect'rs quialified

of j~ 9-nir Rhf ltt'osall have voted on t> 'trst-i tccn P a imo~~of voteps Cost ff130-11CO, ' 3

4 ,' ''in.." s '& v' ci-ion fliecii ovu 1-i m

Vioe' I" I t clruac-ction shzall uot 'A _m i w thinmiti" s, or -:n' i'n'l,"~' I t-e Or City &le- VCC7'. a' '4 m

111½ . etm i' "nI far thie nniinmfmt'nl of Iq _jr -ritesfor e cf7 . .. 015, d Provi uter Th-I fltte ils' rlj -I"s'k -Jjo '1el- the aninnlt tsuch

uponi tlie -piar sr- 1 ri"'m' ns to eatch ofrie-o he afetedMohee'bi-, P1 rovic1 ed frz-thor, That this lact shall not de-pirlve thie I - C ouncil 'inner - it-- State legislation ithe 1pawor to crc-lita oi alsi,' any oftice mit crested by orrecogniizedI in Sm st e lncrmiatlcn, or bir ordinance. approved.by vote of clti ors of tne city."

Mr~ SRf -ctM t .on oved thle a soption of tile ame,1dm11enit.ii ~~Which was agrreed to.I) M~3,r. S~tocktoni moved that the rifles 'he furthear waived,3J a~~nd ftho t FPause Fi711 No; 528 a.s- amendted be read a thirdii ~~tinle ijn full -and PA-it upon its passage.

' ~ i'T!Ouic e"-ceed toby a two-thirds vote. And HouT-mse Bill No. 528 as amtended was read aI third

time in full..-Tmuon -call of the roll on the passage of the bill the vote KYeas-Mr. President, S-enators Adams, Alford, Bai'ley,

Bask-in;' Blount, Caiiova; Clarke, ('1 -ane. Crews, Crill,

1564

FI u'lnec, Gillen, Harri~s, Hudson, Lee, MoCreary, Massey,Neel, KNen-lan, Raney, Sams, Scott, Stockton, Wadsworth,

-- ~~~Wesit, Wilson, liin--281.N a ys-n one.SPo How~e Bill No. 508 as "mended w"-v assdtiea

J ~~stated.LethtHue tt aMrr. moeuived ttHos Memorial No. K. be taken upou,-t ifjts cr. or ana1 now conisidered. voe

House MIemorial No. K:A mnemorial to Congiress askino' an aupropriation for0 ""ennii'the entrance to St. Andrews Bay; and for the

-deepening- of the channel at the mouth of Bear Creek andBi~rYOn Gjeorg(,e Creel: in Washington county.

Wtoc taken 110.

*>in nived that thle rutles he woaived anid Hous~e~Ut-moria~l No. K be rlead a seco-nd time lbv its title only.AViiic" was a"reed to bN, a two-thirds vote.

r 1 ' ~~~~ or" i 2o K wsread a second time by

Pri. OP e 'Pt cvd ma+ tiue r-les he fzurth~er waived', andi-7 O. Y'o be retad a third time in full

VA -'ifrlh to h-7 a tw..o-thirds vote.ijr 1fnp1o i-, e~mp{i- p No> K was read a third time ia

1 oi tiieal ol lIhe p-ass.i-e of thie mdntorialthe vote, vs

A ~~~~~~Yeas-Mri Presidenii Remimfars Adanms, Alfford, railer,ft Va -~ in Tlount C anova, Clarke, Crane, Crews, Grill,IDaaivisci al-nr Giu~kn, Harris, Hudson: Humphries, Lee,

~~.. ~~~. vHI~~~~iXS, K)..t - "TI

2. 'i, olial No. F, weas Passed, title as .started.V rrrt mir-ed that T o -i-e BhIu No. 54be taken

Which'-was ao~reed to by a two-thirds vote.A ni-

Housa Bill No. 540:A bill to he entitled an act providing for the signing ofvouche~rs of pensioners of this State by either clerks of thle

circuit court or nota-ries public.

-jI

Was taken up.Hos. W'adeworth moved that the rules be wai;ed, and

Houose Bill ';o. 540 hre r",d a second time by its title only.-Which wa"Is agreed to by a two-thirds vote.And House Pill No. 540 was read a second time by its

title only.Air; W7iadsworth moved that the rules be further waived,

and tha-t I-ksne Pill No. 9540 be read a third time in fulland put upon its passage.

Whith wasareed to by a two-thirds vote. Ahd Douse 1iii No. 541) was read a third ti-me in full.(_ prm call of the roll on the passage of the bill the vott

lens-Mr. Presidenti Senuators AdLams, Alford, Bailey;Ia ukin. Plount, Camr:n, Cii V e. Crane, Crew.. Crill,Bavise Faulkner, Gilien, Hu ils, Hudson, Humphries, Lee,Mawssw_, Nte&, ~ n Sae, Scott, Wadsworth, West,

v uri Fcruse P 1 cr0 5t0 9wfs 4)asrd, title ns state].MI'' e t In'e el thC't Senate till No. 3.96 be. tlheln up

out of 6 ½ Hs~ ! n ri nw uors:. itWihichil waas ngwred to, by a two-thirds vote. iAnd, ' ISenate Bill No. 396:A 11ill to be entitled an net to provide for the submis

sion by the County Commissioners of Escambia county, Irto the voters of that conilty, at the next general election,of the qunjestion of the cotablishment of a court of recordtherein.

Was taken Lip. ·

Mr. WA'esf t m oved tbat V.-a rules be waived azrd SenateBill No. 3.96 be read a second time by its title only.

Which wyas ag-reed to by a two-thirids vote.And Senate wil No. 306 was read as sond fim i

title onlyh.M71·. ;-·t "!"~p~ttbat tXe vales be further aidve.,!, an-d

that Senate Dill No. 396 be read a third time in fufl andpurt muron its aseage. .

* Which was agrted to liv a t;i -l) : ;- ' i4,ir Pn"Iata Pill No. 396 v-qns, read a third time in full.

Upon call of the roll on the passage of thle bill the vote was: e1

Yeans-Mlr. President, Senatcrs Adamsii, Alter], Bailer, Il ;;e

77 ~~~~~~~~~~~16

Baskin. Po-Taut, Canova, Clarke, Crane, Crews, Crilli,1ai.Fzarllx~no.v Gillen, I-Harris, Hludson, Lee, Massey,

-~~~ ~Neel, NYewbin, Fancy, Samns, Scott, Wadsworth, Yfcst,Wilxon, Ziml-27.

Nays-None.1;'' ~~~So Senate B ill No. 396 was passed, title as stated.P M~~~Ar. WAilson moved that House Bill No. 252 be taken up

'Which was agreed to by a two-thirds vote.And,H ornse Bill No. 052:

A1I Ni- 1 ntj 1edl anr acJt definins- the mannile r a ndv. ti t c i anc of m~inors to the Florida Sta te

I -~~~~ o jO ,Of

ir' U-, ,Liuo uhtcndtos1 V it, g-~~~~~~~ov~inga~~ fror he Yn rorwP-n rian-V fi As. (IS .5-~d am ti I~~.-fl I , fili apprpi'O a.iit'-n rooney

\k~ !S I Oii L`o ctp nsi'Utol

ii 0 1n( -a 1du i~a L ules be wvanicl and H-ouseIl I . 21'-2 r~ ea d a reecud Viane by its flue only.

Lsec ti i o. 2y 5- as r~ead a a~econd time b y it stitle cm ily

u n loc I'tat tlo " ules be futnher waived,F,~~ ~~~~n Il L i ct HJou s e D ii-i I -o. 2 b read a third timein full I

S ~~~~and uit V ion its passag'eW"Thichl was agreed to by a tw",o-thirds vote.

.4 -' ~~~~~And House Bill lTo. 252 was re id a. third, time in full.Upon call of the roll on the pasno'e of the bill the vote

was:

Yeas-Mi i r.Pesicnt, Senatr 4clA ais'un Aiford, _BaskinBlounit, Canoi a Clarke, Crane, Cie ,s, Cuill, Davis, Faulk-ner, difllen, THarms, Hudson, Hunmphries, Lee,- McCreary,Macrev?,, Rel -'0Tewn, Sainns, Scott, Stock~tonl, Wa ds~worthl, 'West, W Yilson.-Zii.--27.

Nays-None. So House Bill NYo. 252 passed, title as stated.

.A ~~~Mr. Samns mo;-cd that Senate Bill No.. 398 be taken upout of its order cand nowt considered.-

- Whlich w-as agreed to by a two-thirds vote.And -

Senate Bill No. 398: A bill to be entitled an act to amrend Section 680 of the

revised Statutes of the State of Florida, entitled "parksstreets, etc."

Was taken up.Mr. Sams moved that the ruies be waived and Senate

Bill No. 398 be read a second time by its title only.Whi-h ras agreed to by a tw,%-o-thirds vote.-A-nd "enateBill No. 308 was read a, second time by its

title only.Mr. Saims moved that thLe rules be further waived and P

that Senate Bill No. 398 be read a, third time in full andput upo nits passage.

Which was agreed to by a two-thirds vote.And Senate Bill No. 398 was read a third time in full.Upon call of the roll on the pastQsage of the bill the vote

was:Yeas-Senators Adams, Alford, 1faily, Baskin, Blount,

Caiova, Clarke, Crews, Crill, Dav'is, Faulkner, Gillen, Harris; Hudson, ullmp'hries, Jacks~,on, Lee, McCreary,Massey, Neel, Newlan, Maney, Samns, Scott, Stockton,Wadsworth, Wilson, Zim-25.

Nays-None.-o ,Senate BHll No. 308 was passed, title as stated.

co- of its order and now coneidered.Which was agreed to by a twi-o-thirds vote.And,

h--rte Pi11 No. 10-5:'b)ill to he entitled an act for the relief of J. L. Horsey,

MI. D, and compensating him for services rendered as1 -,,~ o n..- -?^ ln~- r',-,nnr .-4' Trn~lfh l 0+ fn 0i;fxr Cf rtirnoTn7

dinm, Nassau County, Florida,.Wais taken up, and read a second time in full.MBr. Davis offered the following amendmient to Senate

Pill No. 105: After the w ord Treasurer, in line-7, Section 1, insert

thle foliing: "Parvarble out of the Rtate hoard of HealthFun d.' I-

Mr. Davis moved the adoption of the amendment.VVhidelt was a --reedl to.And Senjate Bill No. 105 is amended was ordered re-

ferred to the Committee on Engrossed Bills.The hour of 11 a. m. having arrived, the committee ap-

pointed in accordance with Senate Resolution No. 60 madle.the followivu r'e port, which was read and ordered spreaduponl the Journal:

"IL

L

1568

Senate Chamber,Tallahassee, Fla., May 31, 1905.

Hun. Park M. Tramnell,P'residecnt of tile Senate,

Tallahassec, Fla.In accordance with Senate Resolution No. 60, adopted

Lyesterday, your committee appointed to prepare suitableresolutions on the death of Hon. Burton G. TDyal, begleave to submit the following:

-Whereas. The announcement has beea made to the Sen-ate of the deaih of the Honorable Burton 0. Dyal, a mem-her of the Recuse of Representatives from Nassau county;and

W hereas, Both in legislative, business and domesticlife he !lasi reflected honor upon the State of Florida;therefore be it

Pen,-_-iJved, I, That in the death of Honorable Burton 0r.Dyal this Legisliature has hist a faithful, -' an2 '-'-iored

member, and the State a useful citizen and an exemplarof her progressive development. Burton G. Dyal wasborn in Coffee county, Georgia, in the early fifties andremoved to Florida very shortly after tme civil war, en-gainig in the logging and lumber business, in which, aswvell a1sl his liater enterprises, be achieved zreat success.

IIe was at the saute time one of the wealthiest and mostcharitable mnen in the State. His benefactions, quiet andum osteutations, were almost without number. He was thefriend of the poor and the oppressed. Notwithstandinghis mnauv business activities he still found time for public

'A -nAl nd pulic life., DPnlv devoted to all the interestsof his State. her progress and upbuilding, he was recog-niued as one of Florida's most public-spirited citizens.For a iunuber of terms he bhad represented hi`;o county in

th? Florida Legllture, and ills course in that body hasever been miark-ed by fidelity, honor and ability.

Resolve!. II, That the sympathy of the Amembers of theSen-ate is extended to the family of our lamented c-olleagueof the House.

Pesolved, III, That these resolutous be engrossed andsmenitd Lv the Presiden ef tlie Senate and the Secretaryand that a copy be sent to fhd bereaved Avidaw, and fur-nmis!ie the press of the State, for publication.

respectfully submitted,T. S. DAVIS.J. H. HUMPIIRIES,F. AT)AMS.

1569

Mr. Clalrke moved that House Bill No. 351 be taken upcut of its order and now considered.

Which was agreed to by a two-thirds vote.AndHouse Bill No. 351:A bill to be entitled an act to legalize and confirm the

incorporation of the town of Blountstown in Calhouncounty, Florida, and to declare the same a legally incor-porated town. i

= *ar:t ta-en up. If Mr. Clarke moved that the rules be waived and HouseBill No. 351 be read a second time by its title only.

W1h1ich was agreed to by a two-thirds vote.And Holulle Bill No. 351 was read a second time by its

title cnly.Mr. Clarlle moved that the'rules be further waived, and

that House Bill No. 351 be read a third time in full and put upon its passage. ,l

Vhsich was agreed te by a two-thirds vote. :And House Bill No. 351 was read a third time in full.Upon call of the roll on the passege of the bill the vote l

was:Yeas-Mr. President, Senatois Adams, Alford, Baskin,

Blourt, Caaova, Clarke, Crane, Crews, Crill, Davis, Fanlk-ner, Gillen, Jiarris, Hudson, Huiphries, Jacklson, Mc-Creary, Massey, Neel:, Nenwlan, Ranev, Sams, Scott, Stock-ton, lTadsworth, WTest, WTilson, Zilll-S.

e---n--cmne.So House Bill No. 351 was passed, title as stated. By permission- l_Mr. Scott, Chairman of the Joint ComuVittee on En- i

rolled Bills, submitted the following report:Senate Chamber,

Tallahassee, Fla., Maly 31, 1905. 1Hon. Park M. Trammell,

President of the Senate:JlTt-TYour Joint Clommlittee on Enrollecl Bills, to

n hoenl was referred-&n act to anthorize and empower the Board of County

Ctnmlissicners rof Taylor county to levy a special road taxorf olne dollar ($1.00) per annum l pon every person sub-ject to roadl duty in said county in addition to the tax! new1 anithoried by lawr on personal propelrty and re:ll estate, and to provide penalties for refusling to pay said

'. ,I

U',

1570

iouitt roaCI tax 1 tile Plerson s-obet i to said road duty.A 'so,

n it or tI a-I"' , i-c ('1>A ofto issueLi' i 1 i'(' 't ' n i j'f )V"Qro

.ofl 5- I- 51 ' ' o-' ro utyiicate>11 'n~l 11 'I' I. i i~tAIC (' Ut irary.

-In Icv 'o ex!"iii" lie thne +n- 5 in the canal1 ofIt la-d ('ai:z Lin-e Can-na I ul'. ra'asi-oi'thtioi-i Clrkli-Co orn-pan~y. and to pre-ser-ve and contiance the gr-Pant of land toaid in its conustruiction and aithnrizig' the Trustees ofthe: In!-titiral Im~provement Pen'1 of the State of Floridato hold one hundred thouisand acres et 'the lands now heldin reser~ve for said company unut-I it isiall complete its

canals aind wvaterways from St. Augustine to the St. .iohusRiver. and prov-iding the tin e said cf uah~, and waterwaysbetween St. Augustine and the St. Johns Ri-er shall be,ccmeniriced andl for its continuous prosecution until corn-pidted. and providing that in the event siaid comlpany de-faens to sell its canal, the State of Florida shall have therefi sm , and providing- that the provision as to one hun-fld 0 mthtmand acres,, and the provision as to griving theP.cf Uof Flor~ida the reftisal, if s-aid company des'res tosoil sblal not be Construed s-o as to interfere -with, alter,~ci' -51' 00r 012ipal r any rights, privileges, proper~ty, grantsor i'-anu-liim" of -saA( company now ecxistlig, e7'cept as t-a

fl,-e thousand (100,000) acres of land as here-

n ~~ilt 'vent oI~~ 2)dut-U, ~ .al- o (A n t i- )

uft-l it'[ie n1o te"'- of a' t I ~ tory of t h a"I ' cf Ptoi1 ULd anf to -pioifi~t the- tahing or catching

of file ex-eept for persional consumpntion duaring the period

IIls 1) -ipio 1 Ct t-I-; fish caxughIIttI'll IT( Aj~- fl'~m _"- A et

~14l "~ 3 1 in 1As from sa~id

- 1 1nen,:4rdnb a liun c to tae Size of mnesh atZn i nlo x el h' pthen ipoe ef Ca c- Ihirg and

Iel~ire: ish '--m the wvate~s of solid counmty, man t r-Ihe -tt ts"'irto ilionl f.or the mi e o -am of t

Yr

1571

,food fish frill the limits of said county from the tweltiv-third ua\ Jr oxelllber to the thirty-first day of D)ecembellrlof each and every year, and to prescribe a penalty for theviolation of the provisions of this act.

Also,An act to prohibit the catching cf food. fish in the fresh

water lakes of Manatee county, S1: le of Fllorida, with anyseine, net or set device, also to prohibit common carriersfroml transporting *or receiving for transportation suchfish within the limits of said county, and to prohibit per-sons from selling or offering to sell, shipping or offeritr J

for shipment or transportation within the limits of said i

Manatee county, food fish caught or taken from the wa-ters of such lakes otherwise than with a hook and line,and prescribing a penalty for violation thereof.

Also,A joint resolution proposing to amend Section 9 of Ar- l

itcle V of the Constitution of the State of Florida, relat-ing to the salaries of Justices of the Supreme Court andCircuit Judges.

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


Chairman of Committee.By permission-Mr. Scott, Chairman of the Joint Commitee on Enrolled

Bills, submitted the following report:i 'Tallahassee, Fla., May 31, 1905. '

Senate Chamber,Mon. ParlI M. Trammell, .

Presidczent of the Senate: ,SIR-Your Joint Committee on Enrolled Bills to whom

was referred-An ac(t to provide for reprinting Supreme Court Re-

ports of Florida.Also,An act for the relief of T. A. Beggs.Also.An act to amend an act entitled an act to provide for

the alssessment, levy apd collection of revenue for the City .-of Pensacola, approved May 22, 1901.

Also, -,A? n9ft for the protection and preservation of fish in the 100 S. B. e

1572

State of Florida, and to prohibit the shipping of certain,fish during certain months and providing a penalty forthe violation thereof.

Also,An act providing that Corporations doing an express

business, transporting express shall pay claim!s for a lossor damalge to anly shipmlent received by the said corpor-ation, within a certain time from the filing by the shipperof said clail with the said corporation and when undercertain co;nditionlls they faiu so to pay said claim the saidcorporation shall pay iuterest on the said claim at therate of tw'enty-tive per cent. ier annuml; and undelr elr-tfan conditions shall be allowed judgment for the saidinltelrest in additi(on to the said clailm.

,1~ ~ Beg to report that the same has been presenteted to theGovernor for his approval.


Chailrman of Committee.

Mr. Raney moved that Honse Memorial No. G. be taken'-i:· ~ up out of its order and now considered.

Which was agreed to by a two-thirds vote.AndHou1se Memorial No. (::-Memlorial to the Congress of the United States, asking

for a further survey of Orange Creek and for an appro-priation of seventy thousand dollars for the purpose of

S 4g1i improving the navigation of Orange Creek by removingobstructions from its mouth.

WMas taken up and read a second time in full.i r. Harris moved that the rules be further wTaived and

that Honse Mlenlorial No. G. be read a third time in fulland put upon its passage.

*' MWhich was agreed to by a two-thirds vote.And Honse Melllorial No. G. -was read a third time in

full.Upon call of the roll on the passage of the bill the vote

was:Yreas-Mr. President, Senators Adams. Alford, Bailey,

Baskin, Blonnt, Canova, Crane, Clrew.s, Crill, Davis, Faulk-ner. Gillen, Harris, Hudson, Humphries, Jackson, Lee,'Mc-Creary, MAassev, Neel. NewTlan, Raney, Scott, Stockton,TWadsworth, West, WTilson, Zim.-27.

So House Memorial No. G. wTas passed, title as stateJ..

LT

15T3

Navs-Nonle.By perLlission-Lir. HiinAll:1ries introduced-

Senlte Bill No. 3'99:A bill to be entitled an act to grant rights and franchises

to the MIanatee Light and Traction Company; tooperate Street Ca:'rls ad electric lighting and power business within tl;e mlunicipality of Braidentown, and for other purposes.

WThiclh was read the first time by its title.Mr. Humphries moved that the rules be waived and Sen-

ate Bill No. 399 be read a second time by its title only.WThich was agreed to bv a two-thirds vote.

.*i And Senate Bill No. 399 was read a second time by its jtitle only.

Mr. Humphries moved that the rules be further wraivced -and that Senate Bill No. 399 be read a third time in full and put upon its passage.

Which wras agreed to by a two-thirds vote.And Senate Bill No. 399 was read a third time in full.Upon call of tl:e roll on the passoge of the bill the vote

was:Yeas-Mr. President, Senators Adams, Alford, Bailey,

Baskin, Canoval, Clarlke, Crane, Crews, Crill, Davis, Faulk-ner, CGillen, Harris, fludson, Humphries, Leee, IMeCreary,Neel,, Sants. Wadswlorth, Zim.-23.

Navs-Senator Blount.-1.So Senate Bill No. 399 was passed, title as stated.

A A message was received from the Governor. A

SPECIAL ORDERS. ISenate Bill No. 386: -A bill to be entitled an act to extend the time for be-

ginning nworlk upon the Pan-American Railway, and thereupon to confirm to said railway all rights, powers, privileges and grants heretofore conferred upon the same.

Was taken ulp and read a third time in full.The time set for its consideration having arrived.Upon call of the roll on Senate Bill No. 386 the vote

was:Yeas-Senators Adams, Alford , Bailey, Baskin, Crane,

Crews, Crill Davis, Gillen, Harris, Hudson. Huminhries,Jackson, McCreary,-Neel, Sams, Scott, Wadswrorth, Zim.---

.*~ 19-9.

1574

- ~- Nays-Senators Blount,, Clarke,. Faulkner, Stockton,

O,- WVilson.-5.So the bill passed, title as stated.Senate Bill No. 383:A pill to be entitled an act to extend the time limit1b ~ for the commencement and construction of the St. An-

-drews, Quincy and Northern Railray and to prescribe the

land grant to aid in its construction.Was taken up and read.the third time in full.The time set for its considerationhaving arrived.Upon call of the roll on Senate Bill No. 383 the vote

was: I I ajltI

Yeas-Senators Adalms, Alford, Bailey, Baskin, CanDova,

nrl~ ~Crane, Gillen, Harris, Humphries, McCreary, Neel, New-

Ilan, Sams, Scott, Wadswoth, Zim.-16.Nays-Senators Blount, Faulkner, Lee, Stoclton, West,

Wilson.-6..lj l So the bill passed, title as stated.

The motion of Mr. McCreary to reconsider vote by which

Senate Bill No. 385 failed to pass was taken up.II The holur set for its consideration having arrived.

Mr. Harlis moved that the vote by which House Bill

No. 3S5 failed to pass the Senate be reconsidered.Which was agreed to.

iti ~ And,Senate Bill No. 3S5:

|. j . A bill to be entitled an act granting a pension to Mrs.

4 IHenrietta E. Towvseud of Alachua counuty, Florida.Was again placed before the Senate.Upon call of the roll on Senate Bill No. 385 the vote

was:Yeas-Senators Adams, Bailey, Baslkin, Canova, Crill,

||: 'Davis, Gillep. Jaclkson, McCreary, Newlan, Sams, Scott,

Wadsworth, Wilson, Zim-15.Nays-Mr. President, Senators Alford. Blount, Clarke,

Crane, Crews, Faullner, Hudson, Raney Stockton, WVest.-11.

So the bill passed, title as stated.lj: ~ The motion of Mr. Crane to reconsider the vote by which

I:s EHouse Bill No. 509 failed to pass.t mrBWas taken up.

,il ~ The time set for its consideration having arrived.

l j ~ Mr. Crane moved that the vote by vticii House Bill No.

i09 failed to pass the Senate be reconsidered.

. .~ ~ ~ ~~~~~~~~~~~~~~~~~~#

1575

Which was agreed to.And,nonse Bill No. 509:A bill to be entitled an act granting a pensiunl I WI-

liam Robert Napier, of Putnam county, Florida.Was again placed befofe the Senalte.Upon call of the roll on lHouse Bill No. 509 tlhc ,-c,.

'was:Yeas-Senators Adams, Bailey, Blount, Canova. Crane,

Grill, )av-is, Faulkner, Jackson, McCreary, Neel, Nenwlan,Samns, Scott, Stocktonl, Wadsworth, W ilson, Ziml.-1S.

Nays-.Senators Alford, Baskin, Clarke, Crews, Huclson, Thney, TWest.-7.

So the bill passed, title as stated.By permission-Mr. Bailey introduced--Senate Bill No. 400:A bill to be entitled an act direeting the State Board of I

Pensions to ]lace the name of William Platt, of Jeffersoncounty, Plorida, on the pension roll at the rate of eight -Idollars per month.

Which was read the first time by its title. IMr. Bailey nmoved that the rules be wvaived and Sen-

ate Bill No. 400 be rend a second tinme by its title only. tWhich was agreed to by a two-thirds vote.And Senate Bill No. 400 was read a second time by its

title only.mr. Crews offered the following amendlment to Senate

Bill No. 400: Amend by adding to Section 1; "and all other confeder- lD

ate soldiers and sailors in this State, or who enlisted fromthis State."

Mr. Crews mored the adoption of the amendment.The yeas and nays were demanded on the amendment

to Senate Bill No. 400. Upon the call of the roll on the adoption of the amend-

ment the vote was: .Yeas-Mr. President, Senators Adams, Alford, Bailey,

Clarke. Crev s. I)avis, Faulkner, Gillen, Lee, McCreary,Massey, Neel, Newlan, Stockton, Wadsworth, TWest, Wil-son, Zim.-19.

Nnvays-Baskin, Blount, Canori, Crane. Harris, Hudson,Hu mphries, Jackson, Raney, Sams, Scott.-11.

- T'I1

So the amendlelinent was adoptedl.Mr. IlBailey nloved that the voLe by wifich the amendment

riv ~ of Mr. Crews to House Bill No. 400 was adopted be recon-sidered, and thlat action on the imotion to reconsider benride a specili ollelr for 4 o'cluck this afternoon.

Which was agreed to.At 12 :105 ]). iii. lMr. sains mov-es that the Senate go into

exeortivre sesSiOil.Whiclih was agreed to.And the doors were closed.At 12 :20 the doors were opened.Tllre Prrsidlelt in thle chair.The roll being called the following Senators answered

to their nalmes':Yeas-Mr. President. Senators Adams, Alford, Baily,

Baslin, PlouLnt, Cannova, Clarlke, Crane, Crenws, Crill, Da-vis, Faulknerll , Harris, llHudson, Humnphries, Jaclkson, Lee,Teel, Newlan, Raney, Sams, Scott, Stockton, Wadsworth,

W Vest, Wilson, Zim.-2S.; , cuA quorum plresent.

Mlr. Blount moved that the rules be wnaived and the Scn-jt . ate take up muessages-from the House of representatives.~I M 'Whic(h -as agreed to.

And the Senate proceeded to consider-

MESSA-liEWS PRO-MA HOUSE OF REPREfSENTATIVES.

i> tevThe following message from the House of Representatives was read:

-House of Representatives,Tallahassee, Fla., May 31, 1905.

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

5f~ ~ SIR--I am directed by the House of Representatives toinform the Senate that the House of Representatives haspassed-

j~~i{ senate Bill ŽNo. 1-:A bill to be entitled an act to appropriate the sum of

fifteen thousarnd dollars annually for twro years to aid thelFlorida State Midwirter Fair Association in making adisplah of the agricultural, mineral, industrial. horticul-

i-~ ~ tural, forestry, live stock and other resources of the Stateof Florida; to encourage and promote immigration from

Ir~~I

1577

other States of the United States, also foreign countries,and to intluence competition among the various producers,that mwill tend to improve -he character of all productskno-niv to the State of' Florida, the said fair to be held in1 tpe City of Tampa, Florila, between November 1st, 1905,and :h!arch 1, 1901)6; also between Novemlber 1, 1906, andMarch 1, 1907, and to prov ide for the payment therefor.

With the following; anlendlments, to-wit:The House of Reprl-eentativres offer the following amenm1-

mllents to Senate Bill No. 12:1st. Add after the word "act" in line 7, Section 1l:

"Provided, said Fairshall not be kept open on Sunday."2nd. Add at the end of Section one the followiug:

"P'rolvided, That There shall he no gambling devices or gamblin : within or near said fair orounds.''

31rd. Also, "Provided, That the Florida Mid-WinterFair Association shall make out. swear to, and publish in -three or nlmore newnspapers of this State an itemizel sttate- ulent of expenditulres of alli money donated or granted to said Associaticn h,v the State of Florida, within sixtydavs after t-he clolse of each fair.

And respectfully, lequests the concurrence of the Seft-ate thereto.

Very respectfully,J. C. KELLUM,

Chief Clerkl of the House of Representatives.And Senate Bill No. 12, cc ntained in the above mes- - 1

sage, together with amendmients of the Hcuse of Repre- sentatives thereto, was placed lbefore the Senate.

,· rMr. Clranle ulov~ed that the Akena-te conc-lr iu thre a;d-en}-menats of the iousme of Representatives to. Senate BillNo. 12.

Which was agreed to.. 1And Senate Bill No. 12, as amended b- the House of

Represenltatives and concurred in by the Senate, was re-ferred to the Committee on Enrolled Bills.

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

House of Renresentatives.Tallahassee, Fla., May 30, 1905.

Hon. Park M. Trammiell.President of the Senate:

;SIR-I am directed by the House of Representatives to

.1

Li

inform the Senate that the UonS2 of Representatives haspassed-

House Bill No 4019:A bill to be elitit led or at I o i; ~ rp ita110 IruNg- of

politic-al primanry ele ti&;vs ill t~o L, ~te Fi'~ridla fornllolilnating (and idateit for: nlrt f i' II teie' lsa Va of'this Statp. and for nolnihidinir dcpri'aUs to poltitial cOl -L.veVtons and pre,~orihing a penaity i a'o y v·iycothereof.

And respectfully, requests the concurrence of duo, 2do>ate thereto.

Very respectfullv,5G. KELLUM,

Chief Clerk of the House of Representatives.Ana Houset Bi ll No. -t49, coutai ned in the above inos-

sage. was read thle first time by ils title and referred tothe Cowim-ittee on Pieivileges and ]Plectinns.

The following: message from the House of Representa-tires was read:

Hlousce of IRepresentatives,Tallahassee, Fla., May 31, 1905.

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

KSIR-I am directed hr the House of Representatives to,inform the Senate that the House of ]Representatives has-passed-

Senrto+ Bill No 1111:'A bill to be entitled an act authorizing the payment of

interest on school warrants.'"ith the following amendments, to-wit:Strike out all of fSection 1 and insert the foliow-ing:Section 1. That whenever there is no money in the-

county- school fund applicahle to the payment of ouitstand-ing warrants issued hr anl' county school board in this

h " State, the County Boards of Public Instruction of 'thes,.everali counties in this State are hereby, authorized andempowerled to borrow mnoney at a rate of interest not fo.exceed eight per cn't, p er annum, for the purpose of pay-:inpg all such outstanudirg warrants. and for the further pur-pose of uayjilig any,- arld all Io-itimate expenses incurred'in ouerating the schools of said county.

Also,Strike out all of Set tion 2.Also,

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1579

Marike Sectun 3 read Section 2; make Section 4 rea;iSection 3; make 'Section 5 read Section 4, and inake Sec-tion 6 read Sectioin 5.

Also,Strike out the title and insert in lieu thereof the follow-

ing:A bill; to bie entitled an. acit authorizing the County

Boards of Puiblic Instfructions to borrow money for pay-nient of school warrants when there are no funds in thetreansary for snch plirj oroe and to pay interest for such Iloans not exceeding eight pier cent. per annum.

And respectfully requests the concurrence of the Sen-ate thereto.

Verv reapccttf allyJ. G. LLJJTTNt,

Chief Clerk of the Mouse of Representatives.And Senate Bill No. 115, contained in the above mes-

sage, tfretber wvith anief-dmrent of tbe House- of Rep-reientati\ves thereto, was placed before the Senate.

Mr. Adams mtioved that the Senate cncuar in tbe amend-nents of the House of Representatives to Senate Bill Nu,115.

Which was agreed to.And Senate Billi No. 11-5. as amended by the House crf

Representfalvei and concurred in by the Senate, was re-ferred to the Committee on Enrolled Bills.

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

House of Representatives.Tallahassee, Fla., Mfay 31, 1905.

uon. rark MI. Trammell,President of the Senate: ii

SIR-I am directed by the House of Representatives toinfo-.- Ihe Senate that the House of Representatives has Fpassed--

Senate Bill No. 392:A bill to be entitled an act giving the Florida Railroad

Commission authority to fix the rates of toll bridges nowconstructed or to be hereafter constructed over and across,the Matanzas and North Rivers in the State of Florida,.and providing for the maximum rates of toll thereon, thehours during which said toll bridges shall remain open fortraffic and authorizing the said railroad commission to,-

ai~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I

1580

,prescribe penalties for the violation thereof, and penalties-for violation of such rules and regulations made in com-pliance hererwith.

Very respectfully,J. 14. KEliLTIAIM,

Chief Clerk of the House of Representatives.And Sei;nte Bill No. 392, contaiied in the above rues-

sage, was referred to the Committee on Enrolled Bills.

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

House of Ronre-entatives,Tallahassee, Via., May 031, 19,05.

Hon. Pe rk M. Trammell,President of the Senate:

SB-IM am directed by the House of Representatives toinform the Senate that the House of Representatives haspasse d--

Housze Bill No. 551:A. bil to be entitled an act giving the Floridla Railway

Corniiss~ion authlovit to fix the rates of toll on tollbridges now (dusfvucted or to be hereafter constructedoun-r and auross the Ma~tauzas and North Rirers, in the51 ate cf Floridvda, anld povidingi for the maximum ratesw1 toll thereon, the hours during: which said toll bridgesaLa; r'enIann open for traffic, and authorizing the saidtanilvul (Commission to presc-ribe penalties for the viola-tion hereof, and penalties for violation of such rules and

4 s~e)reg latlo-s made in compliance -herewith.And respectfully requests tile (oncfll'rence of the Seunate

Ahereto.Very respectfully,

J. G. KELLUM,Chief Clerk of the House of Representatives.

And House Bill No. 551, contained in the above mes--sage, 'was read the firet time by its title.

Mr. Zinm moved that House Bill No. 551 be inidefinitelypostponed.

Wrhich was agreed to.

N The followingn message from the House of Representa.tives wias read:

House of Representatives,Tallahassel Fin., May 31, 1905.

Hon. Park M. Trammell,President of the sanateC

SIR-I am directed by the House of Representatives tomnfonu the Senate that the House of Representatives has

Y:ci ale Concurrent Resolution No. 21:R.-elative to the printing of the Journals and laws.

Very respectfully,'J. G. KELLUM,

Chief Clerk of the House of Representatives.And Senate Coilcurreient Resolution No. 21, containeed in iir

the above miessage, was refefled to the Committee on En-rolled Bilki.

The following message from the House of Representa-tives was read -


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

SIR-I am directed by the House of Represenlatives toinform the Senat_ that the House of Representatives hasindefinitely pcstroned-

Senate Bill No. 313:A bill to be entitled an act for the regulation of the

j sales of stocks of goods inbi;ulk and to iirevent the fraufdu-A Ilent esale thereof.

Very respectfully. 1.J. C. K(ELLUM.

Chief Clerk of the House of Representatives.

Tne following message from the House of Representa- jiL'tires was read:

House of Itepresentatives,Tallahassee, Fia., May 3I. 1905.

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

SIR-I am directed by the House of Representatives Cainform the Senate that the House of Representatives haspassed-

1 582

11onse C'onjc-urreent Resolution No. 42:As!' hil' ('io1"Iests to iiiake a sutaicient appropriation 3f

-- -ofle¾ ftlo + 1rf the chainel at C'arraliele Har-bor, so asI ) ,l'

t 0A'f~ w"i3 \vezrcels antd otfher water crafts to comeun to UL1:-..:,, l 1 takei oen and unload cargoes.

Ai~ll ;i;-,it -·,Lireauests the concurrence of thre Sea-

VTery respectfully,j. (4. KELLUM

(Cli Cf of Lthe House of Representatives.

Anid House Concurrent RIsPohtion -No. 42, cowtained iashe ndbove me,,sa-e vns timed t.e fit t tne.

Mr. Alford Imoved the adopton leof te waivresouind .ouseConcurrente n Resolution No. 42 be reald a second filine.

Whlich ivaq a Roiieed to bv a twon-thirds vote.And House Couc-imen t aXssolntiou No. 42 wa.9 read a

secon~d that(,.Mr1. A~-lford l noveeil lreeidoptiou of the resolution.Which wvas agreed to.

The following message front the House of Representa--tires w\as read:

Senate Chamber,Tallahassee, Flu., May 31. 1905.

Hon. Park M1. Trammell,President of tihe Senate:

SIR-I am directed by the House of Representatives to-inform the Senate that the House of Representatives haspassed by a constitutional three-fifths vote of all miemibers

A.: i. electedL 0 orie n LIose of Repmresienc've

Senate Joint Resolution N\o. 108:

A joint resolution propfsieg amiendments to Article V-of the Conistitution of the State of Floarida relative to the-Ju di'. i rr Departmient.

With the followina amendment, to-wit:Add at the end: "Pro-vided, however. That the county of

Esc-ambia shall refund to thlie State of Florida within six

months after the next g-eneral election, the expenses in-curred in advertising, are afly other expenses connected?with this resolution."

_-1

iSL~~ *' ' 1583

And respectfully requests the concurrence of the Sen-ate thereto.

Very respectfully,J. G. KELLUM.

Chief Clerk of the House of Repreesntatives._t?

And Senate Joint Restlution No. 168, contained in the above message, together with the amendment of the House of Representatives thereto, was placed before the Senate.

Mr. Blount moved that the Senate non-concur in theamendments of the House of Representatives to SenateJoint Resolution No. 168, and request the House of Rep-resentatives to receed therefrom:

fWhich was agreed to.

The following message from the House of Representa- . ,tives was read:

House of Representatives.Tallalassee, Fla., May 30, 1905.

Hon. Park M. Trammell, ,

President of the Senate: .SIR-I'am directed by the House of Representatives

to inform the Senate that the House of Representativeshas refused to concur in Senate amendment to-

House Bill No. 19:A bill to be entitled an act to provide for the disposi-

tion by the several counties of the State of Florida, of thefunds arising from and apportioned to the said severalcounties from the hire of State convicts,

As follows: :

Strike out all of Section 1 and insert in lieu thereof thefollowing:

Section 1. That the fund arising from the hire of State convicts, and apportioned to the several counties of thisState, shall be credited by the Board of County Commis-sioners to the school fund, the fine and forfeiture fund, orto any other regular county fund, as may be deemed properin the discretion of the Board of County Commissioners.

And respectfully requests the Senate to recede therefromVery respectfully.

J. G. KELLUM.Chief Clerk of the House of Repreesntatives.

k.

S ... ,, I;, ' ' \ ^.~~~~~~~~~~~-

1584

And House Bill No. 19, contained in the above message;-together witlh amendlenlts of the Senate thereto, was,placed before the Senate.

Mr. Harris moved that the Senate insist upon its amend-

ment to House Bill No. 19, an-l refuse to recede therefr,",and respectfully requests a conference thereon.

\Whichll was agreed to.The follow i i-: jle". gC it :: the c Iiouse of Representa-

tives was read:1Tnuoe or Rten.resentatives,Tallahassee, Fla., May 31, 1905.


SIR-I am directed by the House of Representatives to

informl the Senate that the House of Representatives haspassed-

Senate Bill No. 390:A bill to be entitled an act to authorize the city of

Gainesville in Alachua countv, to issue bonds for educa-tional purposes.

Very respectfully,J. G. IKELLUM,

Chief Clerk of the House of Representatives.And Senate Bill No. 39)0, contained in the above mes-

sage was referred to the Committee on Enrolled-Bills. .

The following message from the House of Representa--

A j~~ ~tives was read:nHouse of Representatives,

Tallahassee, FPla., May 31, 1905.

Hon. Park M. TrammellPresident of the Senate:

SIR-I am directed by the House of Representatives to

inform the Senate that the House of Representatives haspassed-

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

(P- ihitnesses in investigations and prosecutions for the

violation of the Statutes against bribery, gaming and'

gambling. and for violation of the statutes against the

illegal sale of spiritons, vinons or malt liquors.Very respectfully,


T 15S5·

And Senate Bill No. 149, contained in thle above inessage was referred to the Comlnittee on Enrolled lBills.

3Ir. (illen Iloved that House Bill No. 275 be taken upout of its order and now considered.

Which was agreed to by a two-thirds vote.AndHouse Bill No. 275:A bill to be entitled an act empowering eounty boards

of public instruction and trustees of special tax schoo ldistricts to establish kindergarltens under certain cond- 'tions.

Was talken up.Mir. Gillen lloved tlhlat the rules be waived and House-

Bill No. '275 be read a second time by its title, only. 8'

MWhich Wtas agreced to by a two-thirds vote. IAnd House Bill No. 275 was read a second time by its

title only. IMr. (Gillen mov-ed that House Bill No 275 be indefinitel

postponed.X' luicih twas agreed to.

By permissiou- Mr. Blount introduced-- "Senate Joint Resolution No. 401: -Be it resolied by the Senate and House of Representa- I

tives, That the Senate and House of Representatives of 0the State of Florida do hereby jointly determine that arevision of the Constitution of the State of Florida is nus -es 8 A r V.

Whichl Twas read thile first tillc.Mr. Blount moved that the rules be warived and Senate

Joint Resolution No. 401 be read a second time. iWThicih wa-s agreed to hby a two-thirds vote. 'IAnd Senate Joint Resolution No. 401 was read a seconde

time in full.Mr. Blpunt moved that the rules be further waived and

that Senalte Joint Resolution No. 401 be read a third timein full and put upon its passage.

Which wvas agreed to by a two-thirds vote.And Senate Joint Resolution No. 401 was read a third

time in full.

'Ai

* -1 / j 1586

I .' Upon call of the roll on 'the passage of the resolution. 4

the vote was:I,! '1i Yeas-Mr. President, Senators Adams, Alford, Bailey,

j [ ~Baskin, Blount, Canova, Clarke, (Crane, Crews, Crill,

I ll ' Davis, Faulkner, Gillen, Harris, Hudson, Hiumphries,

BJakson, Lee, McCrearn, Massey, Ner, Newlan, CRaney,

Sams, Scott, Stockton, Wadsworth, West, Wilson, Zim-381.

Nays-None.Senate Joint Resolution No. 401 having received the

constitutional majority of two-thirds of all the members

-elected to the Senate was passed, title as stated.

By permission-Mr. West, Chairman of the Committee on Canals and

Telegraphs, submitted the following report:

Senate Chamber,

":' Tallahassee, Fla., May 31, 1905.Hon. Park M. Trammell,

I't President, of the Senate:.

t 1 . SIR-Your Comimittee on Canals and Telegraphs, to

whom was referred-

Senate Bill 342:A bill to be entitled an act declhring canal companies

to be " common carriers" subject to regulation and con-

trol by the'Railroad Commissioners of the State of Flor-it, ida, to the same extent a's railroads, and authorizing the

Railroadi Commissiouers to fix and regulate canal +tlls

SI,! li and the charges for transportation on canals. and to re-'l1 1 lquire canal companies, to keep their canals in proper con-

''I" dition.pirie'l-l ~Have had sanme under consideration and recommend

that it do pass, with the following amendments, to-wit:Strike out the words "in sudh phy.ical condition a,s may

¼'!z- be necessary to enable the use thereof for the purooses of

transportation." in Section 3, commencing on line 2, and

insert in lieu thereof the following: -

LI- -

t~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~. '

Li4t - ' .

158g7 .I

"In accordance with the specifications Aled in the office-tof the Secretary of State by said canal; corpanies at the-'time of their incorporation."

* Very repectfully,T. F. WEST

Chairman of Committee. -And Senhte Bill NTo; 342, contained in the above repbrttogether with the amendmeEits, w as placed on the Caqu- .'

dan of Bills on second reading.

By permission-Mr. Clarke, Ohairman bf the Committee on Engros se

-Bills, submitted the following report:Senate Chamber,

Tallahassee, Fla., May 31, 1905.Hon. Park MA. Trammell,

President of the Senate:SIR-Your Committee on Engrossed Bills, to whom

was referred-S enate Bill No. 105:A bill to he entitled an act for the relief of J. L. Horsey,M. T., rnd ornpensating him for seices rendered asagent of the State. Board of Health ait the City of Fer-

na)din a, Nassau county, Florida.Have examiined the same and find it correctly enc od

Very respecttull,Vl. H:. Cji>l~T~:

-. K~~~~~~. -% · 1: .~l

1cC .i fCCl ii

C"I"A

ie

1588

A-FrlT4NOON SESSION

3:30 O'CLOCK P. M.

The Senate met pursuant to adjournment.'Tie President in the chair.L The roll was called, and the following Senators answer-

-ew 'co their, names:Mr1. Pvesident, Senators Adams, Alford, Bailey, Baskin,

Blount, Canova, Clarke, Craue, Crews, Grill, Davis,-Failkciier, Gillen, Harris, Hludson, Humphries, Jackson,

41', McCtreary, Massey, Neel, Newlan, Raney,, Sams, Scoft,-tednurn XWadsworth, West, Wilson, Zlim-31.

A quorum present.House Bill No. 156:A bill to be entitled an act to regulate the delivery of

messages by all telegraph companies, or other companies,or persons receiving and transmitting messages for pay,carrying on such business of receiving and transmittingm1essages within the corporate limits of any incorporatedcity or town within this State, and to provide a penaltyfor failure or refusal to do so.

Was taken up.Mr. Humphries moved that House Bill No. 156 be in-

definite] rostroned.Which was agreed to.flouse Bill No. 33:A bill to be entitled an act to provide for the payment

Iiy the State of Florida. of the actual traveling expenseso? the jndaes of the circuit courts of this State whentcildin" gessioiis of court in their respective circuits.

V-n tfihen up uiud rend a seconid timle, together withTi1Ce I'cfCn ert e tile Cofnmwittce on Finance and Toxa-_

'pilc wl~,llhgl~n-o' '~lumittee amei-ndmnent wrnas read:-,o 4"111 in,"" inei 141, Pesftion 1., add : "P1ro-U -·-t', I'.I. t ' r '"'id P Ž C , ontiItution Iof the State

7 1 ' · ·:'r!·!1 f icn the satiny - of the judges ofthe Circuit Conirt, then no further sumi or :wIndian of money

<p~ li ti Ijn~gtsfor tavelin expe -&nider this' Int

fll·.~~ ;~~l~P; 'veis·j Ilr beo:li; 0404 Ci-P (i te ii!i~i1 ttce flefl:i-

\" l4 i(·i '0 ':~ P~·ireed to.

.1589 .1Mr. McCreary moved that House Bill No. 33 be indefi-

nitely postponed.Mr. McCreary withdrew the motion.Mr. Wilson moved that the rules be further waived, and

that House Bill No. 33 as amended be read a third time infull and put upon its passage.

WhicJh was agreed to hx it two-thirds vote.And House Bill No. 33 as amended was read a third

time in full.Upon call of the roll on the passage of the bill the vote

was:Yeas-Mr. President, Senators Bailey, Baskin, Blount,

Canova, Crane, Davis,'Harris, Humphries, Jackson, Lge,MeCreary, Massey, Neel, Newlan, Sams, Stockton, West,Wilson, Ziin-20.

ilavs-SIlnators Adamni's Alford, Crews, Raney, Scott,Wals'worth-6.

So House Bill No. 33, as amended was passed, title as stated.

Senate Bill No. 227: . VA bill to be entitled an act to provide for the appoint-

* ment of a commission to select and recommend to thenext Legislature suitable grounds to be acquired as a per-

manent camp site for the Florida State Troops.Was taken up and read a second time in full.Mir. Wilson asked permission to withdraw Senate Bill

No. 227.'Whih h was w;ranted.And Senate Bill No. 22-7 was withdrawn.Mrm Wilson moved that House Bill No. 277 be taken up.

out of its order and now considered.Whickh was agreed to by a two-thirds voteAildHouse Dill No. 277:A bill to Ite enititled an act to provide for the appoint.

inerT at- g efl -- nO .to seict rcld ~ -':Tlr'ind to thenext epislatiure s-nitible giround to be acquired as a per-fl'"ie't 4-,Tii site for -hFlia tate Troops.

~11r. mo'il·: un re 1 tha't the ruleo-h be waived andr House

IV'1 a 077 bt2 read a second tinie > its title only.W P P~ri~l iinR n em·~c-,_ to 1, a ,w- hi i t

Ai'd Vamp Bill No. 277 was read a seco'nd time by its

title CneW·,. *i,

/~ Ul. CI

W~~i -, -yules be'fiither waive&~,nIi:: <K .Mra 'ff.~zlsoul'd 2tkb`iead a thir4 time iniuFaqput upon its PASSOg~e -

-Which ,was agreed to by.' A two-thirds vote-.And House']Bill No -T' 21was iead a third ti-me in furll. Uron- call of tIbe ioul o.n -SenateBlNo22t9 vote

y MI.Qtesi'entSenators Adam<-A'IfordPi4

raskn Elount Caov, rae Crews, .'Davis, Rarris, , Hudsonllumphries, :Jackison-,- tee; MCre~ary, aseyNewa aeSAff~ -Stoekton, WadsworthWetWi

son, Zim-25. / f-.' CNays+-nLonae.,'-'So House Bill 'No.1 277'1 w pssed, title a ttSenate Jtn eslton No'jin ;Ke~,u1npropohiug, an amendment to Section

J>71 Aricek.o )f osigino the. .State .of Flori'da,!~rt*Iting- to, homesteads and ex~ewptionR. 4

I " ~~~~~e u and read a secon tfminfull .

And Pep Bill l7o. ~0T ,wag prdered, referred to. 'theComnwttee on'Engrossed Bills'.

XVT ihu 'v~ gi~ tanted.. Audm Senafle Joint lesolutron No. 2fl wa withdiawo.MiJLNi moviA 11 nt hIou -e Pill ',o. 260 be ta'en Up

a' 1t ij1 f - r and- niow c-ousuerned-

FL. 't~~~~~~~~~~~~~~~1 1 IA

F ()O$O j< -o Ct--~- 'cA- t~n klimo tt itsti tle ot-I Iv

Tv" i~hsh nowed, that, the rnie";It ffij her \',)v~o1-J nI vth1at- mane Pflli'No~ 2(30' The read a~ thr tiei 'uladputt 'rpon uts paissage~

'1591.

Which.-was agree ob k ~ otid.vtA~nd Houise Bill No 26 OwaS readAa third time in full.

Upon, callof the roll onf House Bill -No 260j te vt

Yells-Mi hUct4eao5Afr aly

Bask17I n, Blount Caoa rW'S Davis Fau lkner _Huim'phries, Jackson Lee Mctr,(asy el eln

1ia-e yi, :Sams§. StOpkO4, WasotWs ilson 2o.at-'-senuttr Zim-4. "7:. 4

~'oHoue Bll o. 213 wspaed,_ title as s;tated'

M* cC M i-eary 'intiduced-t, -.Senate Bill No. 402'i A blltob entitled an, act-6 torpa hpe 199

ef Flcrwabeing "Anact providin frte puqlciofof' thAcso the Le6gislaturk~off a gneral and er-v

maaipent nature, prescr bina t'f.he dutirs 9j~,he S6creayo -State and Horso ont o isoneisanprvd"ing copipe-nsat'Ions' for!, publisheis,"1 appiroyed In e,4,~ 1O$3

Wih %,vas repd the first tiebyis il

Mr.-Mcceartmovd th~at th~erules N wai'ved and S~en-i'at6&Bill Nbt -402~ be readg a-se ond tfmeby its titl Conly..

Which was ~igred toby a two-Thirds g t

-y~n Setate ill No.'402 wvas rad ascu ieb t

-Mr1.: -NcCreary( moved that, the rile be- futer waivedanYtAt Senato,-Bill1 No.-~ 402. be reaed a -thi'd ftiime-in ful-av4pii M~pq its passage. i, 4

Which was'agreed to by a!t'4hid oe:-<zA'nd Senate. Bill-No, 4'02 waim~a ~dte in full.-'

Uponcallqi he, ollon Senate Bill No '0-hevt

wvas----Yeas Mr. resident enato6rs Adams, -Alford, 134a~ley`,_

Baskin BlountCan~~va Crane, Cbrews, Crill 'Davis, fF~iultne HIdIn Hupre's, -Jackson, -Leo, -Mccreary,-_

Maissey, Keel;' Newlan, Raney-- Sams,, Sctt Ktoktn

t 4 Na. 4 ~~.enat6r? Wilsopri4 4

- So Snate illON 402 was passqed, 'title as stated." ih :

Th?. motion of :Mr.~ HAvrii tob recoftsider the votel) -

i~ihc~i he-enate agedt-he prinig of- the mRessag'__-~lkh h 4- te~-ge to - l I

1592

from the Governor and accompanying document yester-day.

Was taken up.-- ' 1 '''"Mr. Harris withdrew the motion to reconsider.

By permission-Mr. Adams introduced the following:Senate Resolution No. 61:Resolved by the Senate, That a committee of five Sen-

ators eihall be appointed by the President to whom shallbe referred the communication received from the Gov-ernor on yesterday, together with the accompanying docu-ments from the Board of State Institutions.

Resolved further, That said committee shall report tothe Senate without -delay their fiadings and recommenda-tion -by resolution.

Mr. Adams moved the adoption of the resolution.V Which was agreed to.

A; '*"^;The President appointed as the committee, under theabove iesolution, Messrs. Adams, Raney, Harris, Blountand Baskin.

'MJr. B.ailey moved that the vote by which the amend-ment of Mr. Crews to Senate Bill No. 400 was adoptedat the forenoon session be reconsidered.

?. ; * Which was not agreed to.'And Senate Bill No. 400 as amended was ordered re-

ferred to the Committee on Engrossed Bills.

By permission-Mr.. Raney, Chairman of the Committee on Legislative

Expenses, submitted the following report:Senate Chamber,

House of Representatives,L|~~~~~~ '.~Tallahassee, Fla., May 31,1905.


SIR-Your Committee on Legislative Expenses, towhom was referred-

Senate Bill No. 340:A bill to be entitled an act for the relief of J. G. Baskin.Also,Senate Bill No. 320:A bill to be entitled an act to fix the pay of members,

officers and attaches of the Legislature of A. D. 1905.Also,

1593- I - - .~~~~~~~~~~~~~~~~~~Ai

HAouse Bill No. 427:A bill to be entitled an act to fix the pay of members,

officers and attaches of the Legislature of A. D. 1905. Beg leave-to report that they have carefully considered

the same and recommend the passage of the accojnpanyifg.substitute in lieu thereof:

A bill to be entitled an act to fix the pay of members,officers and attaches of the Legislature of A. D. 1905, andthe expenses of witnesses and others in the service of suchLegislature.

Very respectfully, GEO. P. RANEY,


Mr. Raney-, Chairman of the Committee on LegislativeExpenses, offered a substitute for bills contained in theabove report, with the following title:

A bill to be entitled an act to fix the pay of members,officers and attaches of the Legislature of A. D. 1905, and thle expenses of witnesses and others in the service of such Legislature.

Mr. Raney moved the adoption of the substitute. -

* tWhich was agreed to.Mr. Raney moved that the rules be waived and the sub- ,

stitute be read a second time by its title only.Which was agreed to by a two-thirds vote.And the substitute was read a second time by its title.

only.* Mr. Paney asked unanimous consent to amend the sub-

stitute. Which was granterl.Mr. Raney offered the following amendment to the sub- ; i

stitute:Add to first paragraph, ending on page 2, the following: '

"And the stenographer to the Senate Judiciary Committee ; iis allowed $6.00 per day for fifteen days."

Mr. Raney moved the adoption of the amendment.Which was agreed to unanimously.Mr. Raney asked unanimous consent to amend the sub-

stitute.Which was granted.Mr. Haney offered the following amendment to the sub-

stitute:Add to Section 2: "And the clerk of the committee on

A .. -.

1594 /

ownership of se;tock in (t:lpital Publishing Comnpany beallowed $-19 50 for his services."

Ea-. us, maoved tne adoption of the amendmient.i' Ali, 1 s O areed'o unaimonsis.

TOle fIecc,'tiiry wvas instructed to inseit the amnendnlentill (1-1;e Senate.Lt.]A.,Rauy moved that the rules be further wnaivedQ andthat Ilie S-abstitute ibe read a third time in full' and put

imnits psae!;I Wasi - lzco s to lbv a tWo-ii;4-( v1ote. ij

tad the suibstitute wvas read a third time inff411.Mr. Scott nioved that the substitute be placed- back

on the calendar of hills on seocond reading for . amend-ments.

Mlr. Scott withdrew the motion.Upon call of the roll on the passage of the substitute

the vote was:Yeas-S'8enators Adams, Alford, Bailey, Blount, Can-

ova. Crane, CrilDavis, Harris, Humpliries, JacksoD, Lee,Mcireary, -Massey, Neel, Newlan, Raney, Samis, Scott,Stockton. W.adsworth, W"est, Wilson, Zim-24.

Nays-None.Va the substitute passed, title as stated.

ji · By permission-The Committee on Finance and Taxation introduced-Senate Bill No. 403:A bill to be entitled an act to provide for the levy of

taxes for the years 1905 and 1906.* Which was read the first time by its title.ii Mr. Crill moved that the rules be vaived and Senate

Bill No. 403 be read a s~eond time by its title only._Whiceh was mrreed to by a two-thirds vote.And Senate Bill No. 403 was read a second time by its

title only.* Mr. C'rjl' moved that the rulei; be further waived, a-it]

that Senate B.'I No. 403 be rcad a third time in full andput upon its passage.

Which wvas agreed to by a two-thirds vote.And Senate Bill- No. 403 was read a third time in full.Upon call of the roll on Senate Bill No. 403 the vote

was:Ycas--Mr. President, Senators Adams, Alford. Baskin,

*'~ Blonrt, Cnanova, Crane, Crews, Crill, Davis. aulkiner,

LIn--l. reien, eBlo pt, _CI aI IC I

Hudson, Humphries, Jackson, Lee, Massey, Neel, Nev lea,Rallev, 8kmlls,;tt, Stockton, Wadsworth, Wi iron, Zife-25.

Nays-None.So Senate Pill No. 4113 wafs parl-ed title a's stated.Ir. Harris moved that the rules 1)e waived and the Sen-

ate take up mesaqges from the i-_o;ll of Bepreseu-tatives.W1hich uas agreed to by a LwoV"thirds vTote.EF HTAnd the Senate proceeded to consider--

The foliowingg i'essage from Ita ~: noe of Representa-tives was read:

House of Representatives, 4v: Tallahassee, Fla., May 31, 1905.lion. Park A. Trammell,

Pr·esidenat of t-he Senalte.SIR-I am directed by the House of Representatives to

inform the Senate that the House of Representatives haspassedZ'-Senate Bill No. 398:A bill to be entitled an act to ameneed Section 680 of the

Revised Statutes of the State of Florida, entitled "Parks,Streets, Etc."

With the following amendment tb-wit:Amend the title by striking out words "entitled Parks,Streets," and insert in lieu thereof "Relating to Parks,

Streets, etc."And respectfully requests the concurrence of the Senate

thereto.*Very respectfully,

J. G. KELLUM,Chief Clerk of the House of Repreesntatives.

And Senate Bill No. 398, contained in the above mes-sage, together with amendmegts of the House -of Repro-sentat'ves thereto, was placed before the Senate.

Mr. Sams moved tbat the Senate concur in the amend-ments of the House of Representatives to Senate Bill* NC. 388.

Which was agreed to.And Senate Bill No. 398 as amended by the House of

Representatives and concurred in by the Senate, was Te-ferred to the Committee on Enrolled Bills.

15911

The following message from the House of Representatives was read:

House of Representatives,T4W` Tallahassee, Fla., May 31, 1905.

Hon. Park M. Trammell,~I,~ ;. . Priesident of the Senates

a~kk, $SIR-I am directed by the House of Representatives toinformln the Senate that the House of Representatives haspa sed-

Senate Bill No. 312:A bill to be entitled an act providing for the refunding

and payment of any unused and unexpired portion oflicense tax issued by the State of Florida, and any coun-ty, for the sale of wines, beers and liquors, in counties,where wet and dry elections were held since January 1st.

Ki ~ 1902, nud are hereafter held in any county in the Stateof Florida, where the result of said election is the dis-continuing of the sale of wines, beers and liquors priorto the expiration of said license, and authorizing thecounty commissionllers of any county to refund and payr

{· · § ,to snchl parlty its portion of said license tax so issued forthe unexpiried tnd ,linultedl ,lovtion of the license'tax issuedby the county in sluch cuises.

,Very respectfully,J. CG. KELLUM.

f .1 · ~~Chief Clerki of the Hoase of Representatives., 1,iI Alnd 'enote fill No. 312, eontained in the abore llles-


|1 . 1 iThe folloxwing message from the House of Representa-i ttives was read:House of Representatives,

Tallahassee, Fla., May 31, 1905.Hon. Park M. Tranmlnell,

President of the Senate:i I5 SIR-I am directed by the House of Representatives to

inform the Senate that the House of Representatives haspassed-

Senate Bill No. 177:A bill to be entitled an act to amend Section 22 of Chap-

ter 4322, of the ILaws of Florida, the same being "-An act

1597

for the assessment and collection of revenue," approvedJune 1, 1895.

Very respectfully,J. G. KELLUM,

Chief Clerk of the House of Representatives.And Senate Bill No. 177, contained in the above mes-


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



SIR-I am directed by the House of Representatives toinform the Senate that the House of Representatives haslaid on the table- -

Senate Bill No. 145:A bill to be entitled an act to require record of instru-

irenll rtlied on as color of title.Very respectfully.


House Bill No. 121:A bill to be entitled an act to amend Section 3066 of

the evisQecld Statutes of the State of Florida, relating tocontractors giving bond and to validate, certain bondsheretofore taken and approved by the Board of Commis-sioners of State Institutions in connection with leasingState prisoners.

'Was taken up.Mr. Stockton moved that the rules be waived,

and that House Bill No. 121 be read a third time.in fulland put upon its passage.

Which was agreed to by a two-thirds vote.And House Bill No. 121 was read a third time in full.Upon call of the roll on the passage of the bill the vote

was:Yeas-Mr. President, Senators Adams, Alford, Baskin,

Blount, Canova, Clarke, Crane, Crews, Crill, Davis, Har-ris, Hudson, Humphries, Lee, McCreary, Massey, Neel,Newlan, Raney, Sams, Stockton, Wadsworth, West, Wil-son, Zim-26.

1600

An act to authorize the City of Gainesville, in Alachnacounty, to issue bonds for educational purposes.

Have examined the same and find Them correctly ea-rolled.

Very respectfully,T. M4. SCOTT,LI_ Chairman of Committee.

And the acts contained in the above report were re-ferred to the Joint Committee on Enrolled Bills.

By permifssion-AiM. W'ilson introduced-Senate Bill No. 405:A bill to be entitled an act to organize and establish a

countv so rt in and for Jackso-n county, Florida, and toPrescribe The terims thereof.

>r encih N v read thre first time by its title.Mi XX fison uoved that the rules se a;- cr naLe

Bill No. 405 be read a second time by its title only.W Which lw i agriteed to by a,two-thia-rds vcte.And Benate Bill No. 405 was read a second time by its

title only.Mr. Wilson moved that thg rules be further waived, and

that Senate Bill No. 405 he read a third time in full andUili put upon its passage.

Which was agreed to by a two-thirds vote,And SenateBIKl No. 405 was read a third timle in full.Upon call of the roll on the passage of the bill the vote


Baskin, IBlount. Canova, Clairke, Crane, Crews, Crill,T)avic, Harris, J-Iumphries, Jackson. Lee, M\assey, Keel,t'7 tcn~ Mioei. Sanis, Scoftt Stockton, Wa'dsivortb, W"Test,

: j ri~~"-fls,(-u. Zlini-27.i

i~~~~ ~ii 5 s-none.

uo k-c n:ie Bill N;,o. -105 wa-i passed, title as, statedl.

Senite Bill No. 125:A bill to be entitled an act to provide for the ipyinent

of mileiu& to sheriffs wMhen rcquircd to go beyond threlimits of the State.

Was Okein im and read a se(ond timie, together w1 it'h

1601

the amendments of the Committee on Judiciary.Mr. Stockton requested permission to withdrawn Sen-

ate Bill No. 125.7Which was agreed to. -

And Senate Bill No. 125 was withdrawn.Mrl. Stockton moved that House Bill No. 195 be taken

up out of its order and now considered.Which was agreed to by a two-thirds vote.AndHounce Bill No. 195:A bill to be entitled an act to provide for the payment

of mileage to sheriffs when required to go beyond the limits of the State.

Was taken up and read a second time, together with theamendments of the Committee on Finance and Taxation.

The following committee amendment was read:In Section 1 strike out all after the word "escaped,"

-and insert in lieu thereof the following:Shall receive the sum of five cents per mile for the

actual distance traveled and in addition thereto the ac- atual and necessary expenses paid out for and on accountof returnimpg tlhe prisoner to the State of Florida.

Mr. Wilson moved the adoption of the committeeamendment.

Which was agreed to.Mr. Wilson moved that the rules be further waivqd, and

that House Bill No. 195 as amended be read a third timein --"' a-: - rct upon its passage.

Which wras agreed to by a two-thirds vote. And Houllse Bill No. 195 as amended was read a third

thime in full.Upon call of the roll on the paqssage of the bill the vote

was:Yeas-Mil. President, Senalors Adams, PBaile; B1askit, * -

PoBlit. (Ciauoval C'rane. Crews. Crill. Davis; Harris. fluI-scr, P ! llrica, Jacksn, Ie1. eCe1ayII! Masses. NeI e],1Te;\ . 1 Ppl·: ey Ae¼n .S 1 S tockt*1on, M .adsworth, West, Axil-son, 4'jw-2-.-

So eilXEeT Bill XNo. - 1 15-cS . 9llIe1ded C1-Mas nad.Ist, Ut]St, I te I f.* taltej.

I:

By p~ermission...Mr. lark,. Oai-rmajpdoft he'Coh~mittee ,oA~flirngrossed

Bls, ubiltit~d: thq~ floigrort.x V-

'~~~~ >1 ' /1 .~~~~Senate C hamb~erH~on. Park .Tanile~i

1905., 4 7~~~~L.rn~elPresident 'ofthe Senate'SIRt-_YoUr -Committeeo n~se '-Vhs

-1j. 'sreere.. eOlEnrse 'il, owo

:.Senate -ill No. 400: 'p ~~~AbillI to" be entitk~d-an act directifi h&tje orPension~ to p'lace thie nameof 'Willi i ' e-Q1.the i~~~ajh PItt; 'of JeferQcount, Flr~aon. pen-9e4n' t~ll, at the 'ra feP ~~dolilais' per inh . 'aeo gt-Have -eXAmiued the sanP' andfn'i'cr~4e

Nt4 0 0;cdftie'f

hkwgs pl~aced on the, Calendarof-Bi ontird redng

A'r.Scott Chulrahan of, the Joint flnjni,-t ee"A* r~~olled Pills, sbitted, the following r~eport~' Seate .ib

IL a ~ Pu' 1 T rmrrol

t LI - '~~ ~ OSt

Alco

"t -[In erfso th ru

An actkAfixing the tie'o'hligtrso+h ici

Court- in and-for the .Sixth'_, Judicial uuto h tt

p: of ,Flovida. -'

Also,- ''

.A Co. cnrreit vesplution.

;Have examined- the '"sanDe and find- them- corr.ectly .en-,",

I ~ Veyrespectfully,

-Chairanofcommittee.

'And th'e 6& of an4i i e abvereor wreree ed

to' the Soint~ dorniittee in E ntolled iltecnee

t1,o the House, hf tjeptesenbtati~s fp~r the signatre f .t1h,

g Sperak, baud ,fhief -Qlerk er

,Cnrolled. Bill, _ tbrnttdthfolwn reot

IE~~~oji- Par -

Si~~h~Yduit'Jo~iflt Comniiftee on En Roed1 -Bills, to'

'-All ACT to abolish thieFlorida Agrclua Ql1e'ge. o

offici~dly esikneLted as th nvrst of Florida, 1.-

ctd aLaeCv the West- Florida- Etminary. oW,

kinow-n ads the Florjda State Cole~ge, lo'it'da T.•

l'ahasee ti&ht -omlShool located at D-patiai"'O', igs b.6ta ibkdSemianary,~ ocated.'-'-

at u"sville thAle Sout prida'q(1p legejiocated a

in Osceola couhty,. and -to vacat an revok,6 their.

charters, pw~r~, ftanhils's an~d privi'l ,an~tabois fheir oad ofrn Trsesm gers'a dfi

ty of ~\State fw roriseand to vest the titl to:,-man ntheiStat Boards ofEuctoagitiu'r h

purpoes w idd n thi act tpopreqirthcov-Wnc cd ~la atd thie deiveyo mli prbeprty ndas

stj, 'of aisd. aboeIsh d intiutdpt t'Oad Sj~

1' 6the'&prs'Q~s-livi~ theritle, p6~sefiopth titlo, tor.

parp05.-B I1 i til6-id h' d 'ivr of ,p~'n

Be* dUA111 di' - -te

6 ii''_ -i tit'? F

1604

control of the assets of s:tid institutions.; requiringan accounting auil reports therefrom, including astatement of all their liabilities and the auditing of

.~-^"7 the same; providing for the payment of the indebtel-ness of said institutions; revoking and abolishing-all continuing appropriations made or grantedthereto; for the repeal of Sections 278, 279,,280, 281, 282, 283, 284, 285, 287, 288,289, 291, 292, 293, 291, 295, 296, 297,298 and 299 of the Revised Statutes of Florida, re-lating to the creation and establishment of the Flor-ida Agricultural College, its organization, powers,rights and privileges and matters pertaining thereto;for the repeal of Sections 301, 302, 303, 304, '305, 306,

i i': 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317,318, 319, 320, 321, 322, 323, 325, 326 and 327 of the

-I, - *:Revised Statutes of Florida relating to the organiza-i !l.r '-!i. tion, creation and establishment of the Seminaries

'|i i;^East and West of the Suwannee River, their location,2! ,.-: -powers, rights, privileges and matters pertaining

K, thereto; the repeal of Section 268 of the Revised Stat-'J1? '*utes of Florida relating to the establishment of a., White Normal School at DeFuniak Springs, and pro-

viding for the election of a faculty therefor; the abol-ishing of the Normal and Industrial department ere-

, !' ated in the St. Petersburg Normal and Industriall1} ' School located at St. Petersbuig, and the repealing of-;* ,Chapter 4998 of the Laws of Florida, entitled "an acti ;' |to assist in the maintaining an Industrial and Nor-

nmal department in the St. Petersburg Normal andIndustrial School; to create scholarships therein and

' to make appropriations therefor," approved May 31,;.: 1901; providing that no further appropriations or

State aid shall be made to the said institution, the't! ,, :striking from the name of said institution of thei; X1 words "Normal and Industrial," and the relinquish-, :ituing to the county of Hillsborough of all interest pos-,, j ' sessed by the State in and to the said school or its'. |property by reason of the appropriations made and.'. aid granted thereto; for the amendment of Sectionf' I ;,' 269 of the Revised Statutes of the State of Florida

.:. * : relating to the establishment of a normal school forcolored teachers, and providing for the election of a

A ' *faculty therefor; the establishment, creation and lo-

L:!-' . '' * -J~~~~~~~~~-

1605

cation of the University of the State to be known asthe University of the State of Florida, and one female$eminary to be known as-the Florida Female College,and for the maintenance and support of same; providing for the change of location of the institute for theBlind, Deaf and Dumb now located at St. Augustine, -

and its enlargement, maintenance and support; pro-riding for the maintenance, support and greater efficiency of the Colored Normal School located at Talla-hassee, and for the change of location of the same as

may be desired; for the creation of a Board of Con-trol to manage and control all of sail several institu-tions created and provided to be supported and maintaiael hei tI-V it , and to provide for their appoint- Iinept, terms of cfI-e, inaniner of their nuecesfsioiv orgcniztfli n, comn en at-ol, aio(1?s -l-d manner of pay-neilt andl n1t-aters conuerl-ted ii trxrlith; g!.- T .

unto mid oard, thie control ad Tl. rIeijfl.t-re Crtf Ca cad

inttitllt'ons and every i'epaartnlmnt tlhereof, f;ll poweranr, anthlority to that end, and for- the eplloymllent ofi1 il nstrlito·s, t-ICeI-ers, servants and employees; for

the purchase of a.11 property, furnitnure, paralhernlaliaand matters for said institutions and the proper ad-ministration of the same, and the mnode and mann'.by which the expense of their operation, support andmaintenance shall be provided and paid; maling thesaid Board and its actions subject to the control andsupervision of the Rtate Board of Education, and pro-viding for joint meetings of the same; cre-sting the said Board of Control a body cor-porate and prescribing its powers and duties;appropriating the assets and pyoperty of such

- institution so selected to tlel location, estab-lishment, support and maintenance of.the said insti-tution or institutions that may be so located'; pro-viding as to how the said funds, assets and propertyof the abolished University of Florida shall be dis-

posed of, including the funds arising under theHatch and Morrill acts, and as to the establishmentof the Experiment Station provided by the UnitedStates; providing for the disposition of any endow-ment or funds belonging to the said State Collegeand not the property of the State of Florida in case

- ;~~~

!,~~~ ' 1606i

none of said institutions created or maintained bythis act shall be located at Tallahassee, and in caseone of said institutions created by this act shall be lo

I~f~~s - rcated there, and for any necessary accountingbetweenjt^4~ ~ the City of Tallahassee and the State of Florida in re-[ .gard thereto; providing fur the establishment in the

-i^-. >* University of the State of Florida created by this actof an Agricultural, Industrial and Mechanical De-partment and Normal Department for the Instruc-tion of White Teachers, Summer Schools, a classicaland scientific department, and such other depart-ments of higher education as the said Boards shalldeerfi necessary; providing for the design of educa-tion for the alui. sion or students for scholarships,

* '.'- .for rules and regulations in that regard, and as to,; '1 ~ grades of education-, and the powers of said Boards in<h.i: regard thereto; providing for the appropriation of;':| - the Seminary Meorrill and Hatch funds and the inter-

.t -'~ ; : est thereon as required by the act of Congress grant-ing the same; providing for a settlement with the.City of Gainesville and the town of Lake City in caseneither of the Institutions created or maintained bythis act shall be located at either of said places and

'i; ? for the refunding of donations made by said places'.' ,,; respectively to thfe institutions formerly located

thereat and abolished by this act, in case that none ofthe institutions are located by said. Boards at such

v, jt points; providing for the sale and disposal of all theassets by this act not specifically appropriated, andfor the creation of a fund arising from any surpluF

;|~ '*'/assets and property, and the disposal of the same;:' it providing for an appropriation by the State for' the

Oi. purpose of aiding and assisting in carrying out the~; ; ~! provisions of this act, and for a continuing appropri-

!; ; ;f ation for the maintenance and support of said iusti-;';'- Atutions as may be requisite and necessary from timeI: * ~to time; providing for the auditing and approving of

all accounts in the operation, enlargement, mainten--, : * ance and conduct of the institutions provided for ahd

;i ' ) | .maintained by this act. and the modes and manner of!~ ' ~ their payment; providing as to who shall keep and

,| .' ~ have possession of all funds provided for under this,> ' act and subsequent acts in relation thereto, as to how

,^;

1607

the same shall be paid out and disposed of; provid-ing for the powers and duties of the Board of Control'in relation to the prescribing of examinations and the

t ~ forms thereof in the public schools of this State andI ;>as to admission therefrom and from other institutions

of learning into the said institutions created and * maintained by this act, and the issuance of certifi- .

cates in regard to the same; for the vesting in the .!; State Board of Education of the title to all the assets : J ~and property of the Colored Normal School and the

! Institute for the Blind, Deaf and Dumb; .} requiring the abolition of such trustees,i -managers and officers and the surrender of thej! ~management, possession and control of such inst u-.- ltions and their property to the Board of Control-the

!- vesting in said board of all powers now provided bylaw and this act in regard thereto; the duties of the

;* State Treasurer, Comptroller, Superintendent of ! Public Instruction, State Board of Education aand .

Board of Control in regard to said institutions; to Iprovide for a Normal Department and SummerSchool for white teachers in the Florida Female Col-lege and a Summer School for colored teachers in . .

.' the colored normal school-whenever necessary andto repeal all laws in conflict with; the provisions of

I this act. I

Have examined the same and find it correctly enrolled.

l|~ +,~ ~Very respectfully,I| ~~~~~ . ' T. M. SCOTT,


And the act contained in the above report was referred to the Joint Committee on Enrolled Bills, to be convey-ed to the House of Representatives for the signature of the -Speaker and Chief Clerk thereof. ,

: ,.\ - :-'E~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.,

_1k

1008

By permission-sMr. Scott, Chair-man of the Joint Committee on En-


Tallahassee, Fla., May 31, 1905.Hon. Park M. Trammel,

President of the Senate:SIR-Your Joint Committee on Enrolled Bills, to

whom was referred-An act to appropriate the sum of fifteen thousand dol-

lars annuc liv for two yeaTrs to aid the Florida State Mid-Winter Fair Association in making a display of the agri-cultural, mineral, inciustrii, horticultural, forestry, livestock and other resonices of the State of Florida;to encm'craeaknd promote imp idration from other Statesof the United 2ta'es, al~o forei-i countrlies and to in-firert-e competition ainoui the varion irodneers, thatw.ill tend to improx-e tihe chnaraclei! of all prioducets known

.to the State of Florida, the -iai1 fair to be held in theCity- of Tamia, Florida, bitween iNTovember 1st, 19(05, andMfaarch. 1, 15006; also between November 1, 1916 W antd M1larch1, 1907, and to provide for the paymleut therefor.

Also,Au act to avilhorize the City of Gainesville, in Alachua

county, to isz-le bonds for educational purposes.Have examiine(d the same and find them correctly en-

rolled.Very respectfully,

T. Al. SCOTT,Chairman of Committee.

And the acts contained in the above report were referred to the Joint Coimmittee on, Enrolled Bills, to be conveyedto the House of Representatives for the signatures of theSpeaker and Chief Clerk thewreof.

By permission-Mr. Sums, Chairman of the Committee on Fisheries, '4

submitted the following report:

Senate Chamber,Tallahassee, Fla., May, 31. 1905.

Hon. Park Al. Trammell, .President of the li aate.

* SIR-Your Committee on Fisheries, to Whom was re-ferred-

K'.1' -·

:, : , I' -

1609

Senate Bill No. 308: A bill to be entitled an act for the protection and

preservation of food fish in the St. Johns River, south of:i Jackfsonville, in the State of F1lorida.ij ~ Beg leave to report that they have carefully considered

. the same and recommend the adoption of the followingamendments:

In Section 1 line 4 after word "Seine" insert the wordj"drag" at the end o0 Section 1, add the following, provid-

7- ~ed, further that this Act shall not prohibit the use of gill :P ' nets or cast nets.' i4 Recommend that it do pass as amended. -

Very respectfully, F. W. SAMS, .

iJ~~~~~ ~~Chairman of Committee.

And Senate Bill No. 308 contained in the above report |together with am, ildment was placed on the Calendar of|bills on second reading.- .

By permission-;Mr. Crill, Chairman of the Committee on Finance and

Taxation, submitted the following report:.

Senate Chamber,Tallahassee, Fla.; May 31, 1905.

Fon. Park M. Trrammell,} / 'President of the Senate:. >

SIR-Your Committee on Finance and Taxation towhom was referred-

:~I ~ Senate Bill No 397: 'S ~ A Bill to be entitled an Act to amend Sections 66 andi

67, Chapter 4322 Laws of Florida, Providing compen-sation for Tax Assessors and Tax Collectors .

Have had the same under consideration and return it I ((, without recommendation. '

i''~~ - ~~~Very respectfully, -i -. E. S. CRILL, Chairman of Committee.

And Senate Bill No. 397, contained in the above reportwas placed on the Calendar of bills on second reading.

* 7j ''g

1610

By permission-Mr. Scott, Chairian of the Joint Committee on En-li.il 1l'is, subi:i.tted the following re.tor-:

Senate Chamber,lE~~~~i~~ * ~Tallahassee, Fla., May 31. 1905.

l; E~Hon. Park M. Trammell,AU^ ~~~~ , ~President of the Senate.

, "- SIR-Your Joint Committee on Enrolled Bills, towhom was referred-

j;~~ , An act to fix the salary of the Governor.i~ O~PAlso,iF~~ ~A concurrent resolution.

Also,An act to authorize the City of Jacksonville to make

donations or payments to hospitals.'1 -"~ .Also,** ;: 'An act to authorize the City of Orlando to issue addi-

tional bonds to the amount of one hundred and fifty thou-, ; .> sand dollars.

3 ';; Also,,~!' An act fixing the time for holding terms of the Circuit

L ,yCourt in and for the Sixth Judicial Circuit of the Statel'. i^of Florida.

\ '-' ! ~ Also,lj '~ : - A concurrent resolution.

Beg to report that the same has been duly signed by:t ~ the Speaker and Chief Clerk of the House of Representa-

tives, and is herewith presented to the Senate for theR ' ~ signatures of the President and Secretary thereof.

;'~~~~~~ ' ~~Very respectfully,T. M. SCOTT,


'9~ ~~ ~ENROLLED.

[~ j ~ The President announced that he was about to sign-F ¢(, ~ An act to fix the salary of the Governor.':i f .'*A lso,

A concurrent resolution.: ;!^ Also,

1 An, act to authorize the City of Jacksonville to make: ; ~ donations or payments to hospitals.

Also,

-' .d~~~~~~~~~~~~~~~~~~~~~~~~~~~~~\

? ' 1 6 1 "'" ' ' a ' W !'

-( ' 1 6 1 - ' 1 -

An act to authorize the City of Orlando to issue addi--tional bonds to the amount of one hundred and fifty thQu-7sand dollars.

* Also,An act fixing the time for holding terms of the Circuit

Court in and for the Sixth Judicial Circuit of the Stateof Florida. -

Also,A-concurrent resolution.The acts were therefore duly signed by the President

and Secretary of the Senate, and ordered returned to theOhairman of the Joint Committee on Enrolled Bills toconvey to the Governor for his approval.

By permission- Mr. Scott, Chairman of the Joint Committee on En-


. ° Tallahassee, Fla., May 31, 1905.Hon. Park M. Trammell,

President of the Senate. -

SIR-Your Joint Committee on Enrolled Bills, towhom was referred- '

AN AOT to aboliish the Florida Agricultural College, nowofficially designated as the University of Florida, lo-

*; , .cated at Lake City; the West Florida Seminary nowknown as the Florida State College,Nlocated at Tal-lahassee; the White Normal School, located at De-

GFuneiak Springs; the East Florida Seminary, located lcat Gainesville; the South Florida Seminary, located at Gainesville; the South Florida College, located atBartow; the Florida Agricultural Institute, locatedin Osfieola county, and to vacate and revoke theircharters, powers, franchises and privileges, and toabolish their Boards of Trustees, managers and offi-cers; to declare their assets and property the proper-ty of the State of Florida, and to vest the title tosame in the State Board of'Education in trust for thepurposes provided in this act; to require the convey-ance of title and the delivery of all property and as- *

sets of sa.d abolished institutions to the said StateBoard of Education by the Trustees, managers or

103 S. B. -

1612

other personis having fie title, possession, cusfotry ylqcontrol of the assets of the said institutions;lequiringan accounting and reporfs therefrom, includiog ai'statement of all their liabilities and the auditing of

,*l~ i~ -the same; providing for the payment of the indebted-ness of said institutions; revoking and abolishingall continuing appropriations made or granted

0 therego; fcr the repeal of Sections 278S, 279,280, 0S1, 81 %, 28:3, 284, 85, 2S7, 2SS,2S9, 291, 292, 293, 294, 295, 296G, 297,29S, and 299 of the Revised Statu'tes of Florida, re-lating to the ci'eation and establishment of the Flor-ida Agrioultu-mal College, its organization, powers,lights and privileges ancl matters pertaining thereto;for the repeQl cf Sectiors 301. 302, 303, 304, 305, 306,2,0i7, 318 , '-?1(, 311, 312, 313, 314, 315, 316, 317,31S, 319, 320, 321, 32, 303, 325, 326 and 327 of theRevised Statutes of Florida relating to the organiza-tion, creation and establishment of the Seminaries

j~i~ ~ East and West of the Suwran-nee River, their location,powers, rights, privileges and matters pertaining

' '4~ 1 ' thereto; the repeal of Section 26S of the Revised Stat-· E,':~ ~ utes of Florida relating to the establishment of a.~4 W' ' MThite Norlmal School at DeFuniak Springs, and pro-

vi(lipg for the election of a faculty therefor; the abol-i' ,-. ~ishing of the Normal and Industrial department cre-

ated in the St. Petersburg Normal and IndustrialSchool located at St. Petersburg, and the repealing ofChaDter 4998S of the La-s of Florida, entitled "an act

8 1 ' ; to assist in the maintaining an Industrial and Nor-mal department in the St. Petersbqlg Normal and

0Ind;strial S thool; to freate schalprships therein andto make appropriations therefor," aplifroved May 31,1901; providinig that no further appropriatious or

· : 1rl State aid shall be made to the said institution, thestriking, from the name of said institution of theW0ords "NorLmal and Tnduqn4trial.,' and the relinquish-ing to the eount' of lillsborolugh of all interest pos-sessed by the State in and to the said school or itsproperty by reason of the appropriations made andaid granted theprto: for the amendment of Section269 of the Revised Statutes of the State of Floridarelating to the establishlment of a normal school for

;i ~ ~ s colored teachers, and providing for the election of afaculty therefor; the establishment, creation and lo-

1613

cation of the University of the State to be known asthe University of the State of Florida, and one femaleSenijLnary to be known as the Florida Female College,and for the maintenance and support of same; provid-ing for the change of location of the Institute for theBlind. Deaf and Dumnlllb nowv located at St. Augustine,and its enlarlgement, maintenance and support; pro- rvidiro for the maintenance, support and greater effi-(ienDel otr' the Colored Norsmal School located at ralla- hassee, and for the change of location of the same as minav be desired; for the creation of a Board of Con-

* trol to mianage and control all of said several institu- |tions crealted and provided to be supported and main-tained by this act, and to provide for their appointment, terms of oilice, manner of their succession, or-ghni7ation, compensation, modes and nmailner of pay- Inent and matters 'connected therewith; 'granting

,; lunto said Board, the control and management of saidt ilnstitultions and every department thereof, full power -

and authorityr to that end, and for the employment ofall instructors, teachers, servants and employvees: for - 4the purchase of all property, furniture, paraphernaliaand matters 'for said institutions and the proper administration of the same, and the mode and mannerby which the expense of their operation, support andmaintenance shall be provided and paid; making the said Board and its actions subject to the control and suvrervision of the State Board of Education, and providing for joint meetings of the same; cee- %ating the said Board of Control a body corporate and prescribing its powers and duties;

i: }appropriating the assets ' and property of such *

institution so selected to the location, estabh- \ ^ lishment, support and maintenance of the said insli-

tution, or institutions that may be so located; pro- *

Viding as to how the said funcs, assets and properryof the abolished University of Florida sihall be dis-posed of, including the funds arising under the Hatch'and Morrill acts, and as to the establishmentof' the Experiment Station provided by the UnitedStates; providing for the disposition of any endow-' ment or funds belonging to the said State Collegeand not the property of tbe State of Florida in casenone.of sa'd institutions created or maintained by

· ~ .*~~~~ , At;is

' 7- *

- 1614

this act shall be located at Tallahassee, and in caseone, of said institutions created by this act shall be lo-cated there, and for any necessary accounting betweenthe City of Tallahassee and the State of Florida in re-gard thereto; providing for the establishment in theUniversity of the State of Florida created by this actof an Agricultural, Industrial and Mechanical De-partment and Normal Department for the Instruc-tion of White Teachers, Summer Schools, a classicaland scientific department, and such other depart-ments of higher education as the said Boards shalldeem necessary; providing for the design of educa-tCon for the admission of students for scholarshipi,for rules and regulations in that regard, and as togrades of education, and the powers of said Boards inregard thereto; providing for the appropriation ofthe Seminary Morrill and Hatch funds and the inter-est thereon as required by the act of Congress grant-

;'.' jugine the same; providing for a settlement with the;I!*;*' / ~City of Gainesville and the town of Lake City in casei|~i „, ~ neither of' the Institutions created ,or maintained by

this act shall be located at either of said places andI)^~~ '(for the refunding of donations made by said places

respectively to the institutions formerly locatedj ."~ ~thereat and abolished by this act, in case that none ofthe insstitutions are located by said Boards at suchpoints; providing for the sale and disposal of all theassets by this act not specifically appropriated, andfor the creation of a fund arising from any surplusassets and property, and the disposal of the same;providing for an appropriation by the State for thepurpose of aiding and assisting in carrying out theprovisions of this act, and for a continuing appropri-ation for the maintenance and support of said insti-tutions as may be requisite and necessary from time6to time; providing for the auditing and approving ofall accounts in the operation, enlargement, mainteji-ance and conduct of the institutions provided for andmaintained by this act, and the modes and manner oftheir payment; providing as to who shall keep andhave possession of all funds provided for under thisact and subsequent acts in relation thereto, as to 'howthe same shall be paid out and disposed of; provid-ing for the powers and duties of the Board of Controlin relation to the prescribing of examinations and the

li'

forms thereof in the public schools of this State andas to admission therefrom and from other institutionsof learning into the said institutions created, andmaintained by this act, and the issuance of certificates in regard to the same; for the vesting in theState Board of Education of the title to all the assetsand property of the Colored Normal School and thel 7Institute for the Blind, Deaf and Dumb;requiring the abolition of such trustees, -mant12-ers and officers and the surrender of themanagement, possession and control of such institutions and their property to the Board of Gontrol-the vesting in said board of all powers now provided bylaw and this act in regard thereto; the duties of the -State Treasurer, Comptroller. Superintendent of* Public Inaltruction, State BoarTd of Education andBoard of Control in regard to saitd institul ioa: to,

provide for a Normal Department an!l SulmierSechool for white teachiers in the Florida FeIuale 'ol-,lege and a Summer School for colored h-;t:.hers inthe colored normal school-whenever n!ccssary awndto repeal all laws in conflict with the provisions ofthis act.

Beg to report that the same has been duly signed by theSpeaker and Chief CleIk of the House of Represcnltatives, and is herewith presented to the Senate for the signaturesof the President and Secretary thereof.

Very respectfully. T. M. SCOXT.


ENROLLED.

The President announced that he was about to sign- 6

AN ACT to abolish the Florida Agricultnlral College. Pow

officially designated as the University of Florida, lo- rated at Lake City; the West Florida Seminary nowknown as the Florida State College, looated at Tal-lahassee; the White Normal School located at De- Funiak Springs; the East Florida Seminary, locatedat Gainesville; the South Florida College, located at _

Bartow; the Florida Agricultural Institute, located

( . ' 12~~~~~~~i.:L

1616

in Osceola county, and to vacate and revoke theircharters, powers, franchises and privileges, and toabolish their Boards of Trustees, managers and offi-

ffiMf^- ~ cers; to declare their assets and property the proper-|~~ i ;~ty of the State of Florida, and to vest the title to

J ': - same in the State Board of Education in trust for the

>~It^ ~ purposes provided in this act; to require the convey-ance of title and the delivery of all property and as-sets of said abolished institutions to the said Stateother persons having the title, possession, custody or

l , -~~~control of the aseets of said institutions; requiring*; , an accounting and reports therefrom, including a

* . ^ statement of all their liabilities and the auditing of the same; providing for the payment of the inldebtei

j" 7 ' ;, ~ ness of said institutions; revoking and abolishingall continuing appropriations made or granted

'J; 1 . thereto; for the repeal of Sections 278, 279,; : '!: *28(), 281, 282, 283, 284, 285, 287, 288,

I'1 l;- 289, 291, 292, 293, 294, 295, 296, 297,1: , -*298 and 299 of the Revised Statutes of Florida, re-

l~' ';. ~ lating to the creation and establishment of the Flor- | .|;S 1 ,ida Agricultural College, its organization, powers, S I W- rights and privileges and matters pertaining thereto;

l : ; .~for the repeal of Sections 301, 302, 303, 304, 305, 306,%I~ ;', ~ 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317,

i ** 318, 319, 320, 321, 322, 323, 325, 326 and 327 of thel l, !~ Revised Statutes of Florida relating to the organiza-

j , tion, creation and establishment of the Seminaries,- *' East and West of the Suwannee River, their location,

powers, rights, privileges and matters pertaining l |~ : ~ thereto; the repeal of Section 268 of the Revised Stat- l'~ ~ utes of Florida relating to the establishment of al i0 , White Normal School at DeFuniak Springs, and pro-

:1 j ~~viding for the election of a faculty therefor; the abol-*; ; iahibina of the Normal and Industrial department ere- .

.I, ated in the St. Petersburg Normal and Industrial l * School located at St. Petersbuig, and the repealing of

Chapter 4998 of the Laws of Florida, entitled "an act *, ~ to assist in the maintaining an Industrial and Norw-

; .~ mal department in the St. Petersburg Normal andi - . .Industrial School; to create scholarships therein and I ' to make appropriations therefor," approved May 31,i .* 1901; providing that no further appropriations or f

i '' '' E : * t

i ..- E*

1617

State aid shall be made to the said institution, the.striking from the name of said institution of thewords "Normal and Industrial," and the relinquish-ing to the county of Hillsborough of all interest pos-scssed by the State in and to the said school or itsproperty by reason of the appropriations made and.

,|/ aid granted thereto; for the amendment of Section.269 of the Revised Statutes of the State of Florida. relating to the establishment of a normal school for colored teachers, and providing for the election of a

!t ~ faculty therefor; the establishment, creation and 1b- fcation of the Univelrsity of the State to be known asethe University of Ihe State df Florida, and one female-Seminary to be known as the Florida Female College, and for the maintenanee and support of same; provid'ing for the change of location of tlie Institute for the 'Blind, Deaf and Dualb nowt located at St. Augustine, and its enlarge;nent, maintenance and support; pro-vicding for the maintenance, support and greater effi-ciency of the Colored Norlnal School located at Talla-hassee, and for the change of location of the same asmayt be desired; for the creation of a Board of Con -, trol to malnage and control all of said several instita-tions created and provided to be suppolrted and maintamied by this act, and to provide for their appoint- nment, ternis of. office, inanner- of their sueeession, or,

': Eganization, compensation, modes and manner of pay- aBrient and matters connected therewith; granting unto said Board, the control and management of said Ainstitutions and every department thereof, full powerand authority to that end, and for the employment ofall instructors, teachers, servants and employees; forthe purchase of all property, furnitulre, paraphernaliaand matters for said institutions and the proper ad-ministration of the same, and the mode and mannc iiby which the'expense of their operation, support and maintenance shall be provided and~paid; mreaking the said Board and its actions subject to the control andsupervision of the State Board of Education, and pro-viding for joint meetings of the same; cre-sting the said Board of Control a body cor-porate and prescribing its powers and duties'appropriating the assets and property of such

r -

au-

L

1618

-institution so selected. to the location, estab-

lishment, support and maintenance of the said insti-

tution or institutions that may be so located; pro-

' viding as to how the said funds, assets and property-of the abolished University of Florida shall be dis-posed of, including the funds arising- under theHatch and Morrill acts, and as to the establishment-of the Experiment Statioii provided by the United

* .States; providing for the disposition of any endow-,ment or funds belonging to the said State Collegeand not the property of the State of Florida in casenone of said institutions created.or maintained bythis act shall be located at Tallahassee, and in caseone of said institutions created by this act shall be lo-

] ; t | ' cated there, and for any necessary accountingbetweeni |! : -the City of Tallahassee and the State of Florida in re-i. 'P;; |gard thereto; providing for the establishment in the",'| At : University of the State of Florida created by this act

of an Agricultural, Industrial and Mechanical De-

;l{i partment and Normal Department for the Instruc-1 4t' ?!: - ftion of White Teachers, Summer Schools, a classical~i.;*;': and scientific department, and such other depart-

* *!/,;: .ments of higher education as the said Boards shalldeem necessary; providing for the design of educa-tion, for the admission of students for scholarships,for rules and regulations in that regard, and as to

:'. i;'. grades of education, and the powers of said Boards inregard thereto; providing for the appropriation of

' the Seminary Morrill and Hatch funds and the inter-:': : . est thereon as required by the act of Congress grant-

ing the same; providing for a settlement with theCity of Gainesville and the town of Lake City in caseneither of the Institutions created or maintained bythis act shall be located at either of said places and

,;'-! for the refunding of donations made by said place I, i:respectively to the institutions formerly located

thereat and abolished by this act, in case that none ofthe institutions are located by said Boards at such

points; providing for the sale and disposal of all the,*, .. Iassets by this act not specifically appropriated, and

for the creation of a fund arising from any surplusassets and property, and the disposal of the same;providing for an appropriation by the State for the

' ', ^ ,' ~~~~~~~~~~~~~~~~~~~~~~i

1619

~* *purpose of aiding and assisting in carrying out the

provisions of this act, and for a continuing appropri-*l ~ ation for the maintenance and support of said insti-

tutions as may be requisite and necessary from time:* to time; providing for the auditing and approving of

all accounts in the operation, enlargement, mainten-ance and conduct of the institutions provided for and maintained by this act, and the modes and manner of i ' their payment; providing as to who shall keep and:.I

2> I have possession of all funds provided for under this 2act and subsequent acts in relation thereto, as to how

!.„ the same shall be paid out and disposed of; provid- .I.:..' ing for the powers and duties of the Board of Control jl' ~ in relation to the prescribing of examinations and the , !

forms thereof in the public schools of this State and 'as to admission therefrom and from other institutions

' - of learning into the said institutions created and I -\. -maintained by this act, and the issuance of certifi- '3

cates in regard to the same; for the vesting in the l State Board of Education of the title to all the assets and property of the Colored Normal School and theInstitute for the Blind, Deaf and Dumb; requiring the abolition of such trustees, I.

~; -managers and officers and ,the surrender of the management, possession and control of such inst 'a- -tions and their property to the Board of Control-the vesting in said board of all powers now provided by

. - -law and this act in regard thereto; the duties of the '

1 I State Treasurer, Comptroller, Superintendent of Public Instruction, State Board of Education and i1

* , Board of Control in regard to said institutions; to i .provide for a Normal Department and Summer 2L

~j ~ School for white teachers in the Florida Female Col- ~I lege and a Summer School for colored teachers in ' i l ~the colored normal school-whenever necessary and

to repeal all laws in conflict with the provisions of ':. ~ this act.

The act was therefore duly signed by the President andSecretary of the Senate. and ordeied returneaWTo the Chairman of the Joint Committee on Enrolled Bills toconvey to the Governor for his approval. I N .

1620

By permission- Mr. Scott, Chairman of the Joinf Committee on En-

rolled Bills, submitted the following report-

Senate Chamber,Tallahassee, Fla., Mar 31. 1905.

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

Slr Your Joint,- Committee on Enrolled Bills, towhonm wa, referiexe--

Anl ac-t ,o approprio ate the sum of fifteen thousand dol-m~rs auinmiav ioilb two aeanrs to aid tIte Fiorida State Mid-Winter fai n,`oiAssuoiaticn in imakting a display of the agri-cultural, na Ct jI , dUStria. iiojtjeujlttrlj forestry, liveFiji 'anti; oulilci resources of fte Slatec of Fior,(!:d;to e:l:·o-(nrn;·e liaim promote jinnijeratian traoi otacr EStates0, flh e a to) ,i 8l4tates, also foreign countrien, and to in-P U;~itc '-ofl:j1c·-tition 111(1 the ivarious producers, thatw-ill c-i'd to in'trove the character of all products knownto the r't ate atf Floria, the told fair to be he-ld in the( of T1-aiopa, Florida between Novenber 1st, 1905, andMar d)i 1, 1 -G; alsa between tovemer 1, 1990) and7 M1rti I(i-T, ')PJ- to piroiide foi_ the paymnent thetrefor

Also,%n acI t to authorize the City- of Gainesville, in Alathbtia

* oni nt-. to issue hands for educational purposes.Beg to report that the same has been duly signed by the

Speaker and Chief Clerk of the H1ouse of Representatives,and is herewith presented to the Senate for tl:e signaturesof tie l'i:'sident and Secretairy, thereof.



ENROLLED.

The President announced that he was about to sign-

A.n act to approp-riate the sum of fifteen thousand dol-lars annuall for two yenars to aid the FKorida Stite Mid-'Winter Fair Association in makiina a display of the agri-cultural, micnera industrial, horticultuial, forestiy, livestock and other resources of the St'ate of Florida;

1621

to encoumaze and promote immigration from other Statesof the United States, also foreign countriee. and to in-fluence comPetition among the various producers, thatmrilj tend to improve the character of all products knownto tie State of Florija, the r-aid fair to be held in the'ity (if Tamp-na, Florida, between November 1st, 1905, am]aio between November 1, 1903 and March

i, 1907, n. d to provide for the p mia I liereforAlso,

n act to authorize, the City of Gainesxille. in Alachua-co~ntr, to issze bonds for educational purposes.The- acts iwere byerefore duly signed thte President

and Secretary of the Senate, and ordered returned to the1' CChairman of the Joint Comimittee on.Enrolled ]Bills toconvey to the Governor for his approval.

Mr. Davis moved that Senate Bill No. 105 he taken up Iout of its order and now considered.Which was agreed to by a two-thirds vote..And,Senate Bill No. 105:A bill to be entitled an act for the relief of J. L. Homsey,

Al. D., and compeiieating him for services rendered asa agent of the State Board of Health at the city of Fernan-dina, Nassau county. Florida.

Was takcen up and read a third time in full and putupon its passage.

Upon call of the roll on Senate Bill No. 105, the votewas:

Yeas-SBenators Adams, Bailey, Baskin, Blount, Can.ova, Crane, Crews, Crill, Da.vis, Harrts, Hudson, Jack-son, Lee, Mc6reary, Massey, Newlan, Raney, Sans, Scott,Stockton, Wadsworth, Wilson-22.

Nays-Senators Alford, West-2.So the bill passed. title as stated.Senate Bill IN\o. 251:A bill to be entitled an act to amend Section 2874 of the

revised Statutes of the State of Florida, .relatinlg to "ex-am;nation before magistrates."

Was taken uip.Mr. Humphries requested permission to withdraw Sen-

ate Bill No. 251.Whlich wans nXrrPo"d ta.And Senate Bill No. 251 wasi withdrawn.

7j

C

1622

Mr. Humphliies moved that House Bill No. 213 be takenup out of its order and now considered.

Which was agreed to by a two-thirds vote.And-House Bill No. 213: A bill to be entitled an act to cure certain info- malities

in the esecution of deeds and other instruments coilveC-ing or transferring real or personal property, made bymarried -women prior to the 15th day of April, A. D. 1905.

Was taken up.Mr. Humphries moved that the rules be -waived and

louse till No. 213 be read a second tihme by its title only.Whlliclh -was agreed to 1)y a two-thirds vote,And House Bill No. 213 was read a second time bvy its

tifl.e oiL;.Mr. Hulmplhries; iioved that the rules be frtller waived,

and that House 13iil No. 213 be read a thirdl time in fulland lit i1-ona its passalge.

WThich was agreedl to bv a two-thirds vote.And House Bill No. 213 was read a third time in fill.

''- nlMr. H-larris miovPd that the vote by. which House Bill-No. 21- wnas passed be reconsidered.

WMhich was agreed to.,,I n~Mr. Harris movled that House Bill No. 213 be placed

back on the Calendar of Bills on seconl reading foramendment.

WThich was agreed to.Mr. Hull],ries offered the following am-endment to

House Bill No. 213:Insert in third line of title after the words "personal

property" the following "or relinqulishing dower."IMr. Humphries moved the adoption of the amendment.

Which was agreed to.Mr. Humphries moved that the rules be further wMaive,

and Ilhat Hoj.ie Bill No. 213. as almellded, be read a thirdtime in full and put upon its passage.

-Which was agreed to by a two-thirds vote.And House Bill No. 213 as amended, was read a third

time in full.]pon call of the roll on the passage of the bill the vote


Baskin, Blount, Canova, Crane, Crews, Davis, Ha:ris,

L _

1(C23

Hudson, Humphries, Jackson, Lee, McCreary, Massey,Neel, Newlan, Baney., Sams, Scott, Stockton, WaJsworth,Zim-24.

Nays-Senators West and Wilson-2.So House Bill No. 213, as amended, was passed, title

as stated.Mr. Bailey moved that Senate Bill No. 400 be taken up -- v

out of its order and now considered. Which was agreed to by a two-thirds vote. AndSenate Bill No. 400: A bill to be entitled an act directing the State Board

of Pensions to place the name of William Platt, of Jeffer- son county, Florida, on the pension roll, at the rate of eight dollars per month.

Was taken up and read a third time in full and put upon its passage.

Upon call of the roll on Senate Bill No. 400, the vote was:

Yeas-Mr. President, Senators Adamk, Alford, Bailey, Canova, Crews, Grill, Davis, Jackson, Lee, McCreary, gNewlan, Sams, Wadsworth, West, Wilson, Zim-17.

Nays-Senators Baskin, Blount, Crane, Harris, Hud-son, Humphries, Raney, Scott, Stockton-9. |

So the bill passed. title as stated. - lMr. Hudson moved that Horse Bill No. 236 be taken

up out of its order and now considered. WThich was agreed to by a two-thirds vote.And, House Bill No. 236: .A bill to be entitled an act to amend Section four ,f ; 1l

Chapter 4434, Laws of Florida, the same being an act ientitled an act to organize a county court in and for the .county of Dade, to prescribe its jurisdiction and powers.to provide for the appointment of a prosecuting attorney and for the compensation of judge of said court. *

Was taken up.Mr. Hudson moved that the rules be waived and that

House Bill No. 236 be read a second time by its title only.Which was agreed to by a two-thirds vote.And House Bill No. 236 was read a second time by

its title only.Mr. Hudson moved that the rules be further waived

-I.'~~~~~~~~

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LII -~

1624

and that House Bill No. 236 be read a third time in fulland put upon its passage.

WVItich wAias agreed to by a two-thirds vnfe.And House Bill No. 236 was read a third time in full.Upon call of the roll on the passage of the bill the vote

L_ -was:Ye;s_-3Ir. President, Senatolrs Adams, Alforcl, Baskin,

Blom 1', Ciunovw, Crlane, Crew\-s, Crill, Davis, Harris, Hud-son, Jtckolon Lee, Mlassey-, Neel, Newlan, Raney, Sams,ScotlI, Stocktuon, M. addsworth, West, Wilson, Zim.-25.

So Ho.use Bill No. 2396 was passed, title as stated.I- LUite 131i' No. 2'3:i bill to be enuitled a naet to increase the pay of bailiffs

~! i~ f -if ci tlrls or the S-tate of Florida.W a.s tlbeu ulp.CITY. Sctoktolln reqlested perlllmision to withdraw Senate

Bill No. 283.WVhich was agreed to.|And Senate Bill No. 2S3 was withdrawn.

I'"!~ Tl Mr. Stockton moved that House Bill No. 419 be takenup out of its order and now considered.

F~ l Ml Which was agreed to by a two-thirds vote.AndHouse Bill No. 419:A bill to be entitled an act providing for a study of

State forest condition by the Agricultural ExperimentStation of the University of Florida, in co-operation withthe United States Department of Agriculture.

lWas taken up and read a second time, together with theamendments of the Committee on Forestry.

The following committee amendment was read:-*~ ~ Strike out the words "Five Hundred" wherever they

occur in the bill and insert in lieu thereof "One Thou-jI~ ~ sand."

~i PI~Mr. Stockton moved the adoption of the committeeamendment.

Which was agreed to.Mr. Stockton moved that the rules be further waived,

and that House Bill No. 419, as amended, be read a thirdtime in full and put upon its passage.

Thichll was agreed to by a two-thirds vote.And House Bill No. 419, as amended, was read a third

time in full.

1625

Upon call of the roll on the passage of the bill the votewas:

Yeas-Sendtors Adams, Alford, Bailey, Baskin,Blount, Canova, Crews, Grill, Davis, Harris, Hud-son, Humnphries, Jackson, Massey, Neel, Newlan, Haney,Sams, Stoclton, Wadswortll, WVest, Zim.-22.

Nays--Mr. President, Senators Lee; Scott, Wilson.-4.So House Bill No. 419, as amended, was passed, title

as stated.-L a re BSill No. 2.50:01oll to be entitled an act to amend Section 2830 of the

Revised Statutes of I'lorlda relating to "witnesses to beretoglnized. ."

Was taken up.Mr. Haney asked permission to withdraw Senate Bill

No. 250. Whlilch was agreed to.

And Senate Bill No. 250 was withdlrawn. Mlr. Raney moved that Senate Bill No. 217 be taken up

out of its order and now considered.WMhieh was agreed to by a twno-thirds vote.AndSenate Bill No. 247: A bill to be entitled an act to amend Section 1859 )f

the Revised Statutes of the State of Florida, relating topreference in appointment of administrator.

Was taken up.Mr. Raney moved that the rules be waived and Senate

Bill NO. 247 be read a second time by its title only.WNhich was agreed to by a two-thirds vote.And Senate Bill No. 247 was read a second time by its

title only.Mr. Raney moved that the rules be further waived, and

that Senate Bill No. 247 be read a third time in full and put upon its passage.

ANriWliro was agreed to by a two-thirds vote _And Senate Bill No. 247 was read a third time in full.*! Ion call of tLe lull on the j:assage of the bill the vote

"1':1 :

Yeas--Mr. President, Senators Adams, Alford, Baskin,Blount, Canova, Crews, Grill, Davis, Humphries, Jack-son, Lee, Massey, Newlan, Raney, Sams, Wadsworth,Wesit, Wilson. Zillln.-20.

Nays-None. aA ;So Senate No. 247 was passed, title as stated.

.

LI

1626

By permission-Mr. Scott, Chairman of the Joint Committee on Enroll-

ed Bills, submitted the following report:

Senate Chamber,Tallahassee, Fla., May 31, 1905.


SIR-Your Joint Committee on Enroled Bills, towhom was referred-

An act to fix the salary of the Governor.Also,A concurrent resolution.

Jop'~ ~ Also,if' ,t An act to authorize the City of Jacksonville to make

donations or payments to hospitals.l;~: ~ Also,

An act to authorize the City of Orlando to issue addi-tional bonds to the amount of one hundred and fifty thou-

j,;~ ' sand dollars.|i^w * ~Also,';/~! ~ An act fixing the time for holding terms of the Circuitif~ ~ Court in and for the Sixth Judicial Circuit of the Stater:~ ~ of Florida.

Also,{i Aj~~A concurrent resolution.

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



By permission-Mr. Scott, Chairman of the Joint Committee on Enrol{-

~,!~ ~ ed Bills, submitted the following report:

i,~~~ ~~~, ' ~ Senate Chamber,Tallahassee, Fla., May 31, 1905.

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

SIR-Your Joint Committee on Enrolled Bills to whomwas referred-

1627

AN AC1T to abolilzh the Florida Agricunltural College, niow'

officially designalted as the University of Florida, lo--cated at Lake City; the West Florida Seminary- now:-

uknown as the Florida State College, located at Tallahassee; the WThite Norlmal School, located at De-Funiak Springs; the East Florida Seminary, locatedat Gainesville; the South Florida Seminary, locatedat Gainesville; the South Florida College, located atBartow; the Florida Agricultural Institute, located .in Osceola county, ani to vacate and revoke their charters, powers, franchises and privileges, and t -rabolish their Boards of Trustees, managers and offi-cers; to declare their assets and property the proper- lrty of the State of Florida, and to vest the title tosame in the State Board of Education in trust for thepurposes provided in this act; to require the convey-ance of title and the delivery of all property and assets of said abolished institutions to the said StateBoard of Education by the Trustees, mlanngers orother personis having the title, possession, custody orcontrol of the assets of the said institutions;requiring.an accounting and reports therefrom, including astatement of all their liabilities and the auditing ofthe salme; providing for the payment of the indebted-ness of said institutions; revoking and abolishing 4all continuing appropriations made or grantedthereto; for the repeal of Sections 278, 27W.,280, 81, 282, 283, S284, 285, 287, 28. 289, 291, 292, 293, 294, 295, 296, 297,28!S, and 299 of the, Revised Statutes of Florida, relating to the creation andl establishment of the Flor-ida Agricultural College, its organization, powers, rig-jts and privileges anlld matters pertaining thereto- for the repeal of Sections 301, 302, 303, 304, 305, 30%,307, 308. 3(019 310, 311, 312, 313. 314, 31F 316. 317. -318, 319, 324, 31 9l)2, 323, 325, 326 and 327 of theRevised Statutes of Florida relating to the organiza-tio?. creation and establishment of the SeminaliiiesEast and West of the Siawafinee River, their location,powers, rights, privileges and mnatters pertainingtheretd; the repeal of Section 268 of the Revised Stat-n1-it of Flordl rlre lafinl .g to -he establishment of .n

rWhite Normal School at DeFuniak Springs, and pupro-vsi1inj for the election of a facunlty therefor; the abol-

104 S. B. .

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1628

ishing of the Nornwai andi Industrial department cre2uted in the St. Petersbuir _Norwnal ucr InclsiialSchool lcated at St. Petersburo. 'ird the repealiig )fVhainteir 4998 of the OMa -s of F loridPh ntitled ''an 'x r7 nssist in the ma 'ntaiunii an I11l1thsrial and INur

mina depalrtmient in the St. lIet-isbui1 - Normial and,Industrial School; to erearIte schalarships therein auldto mnak-e q 11--7ations therefort approved May II,19(11; l''rfvidiligt fnt no furthmr anppropirniations crState, ail shai b1 hla mae to bN 'c'm7 i-ft ;ihfon, thestrikinu.a f -ioom tie namnie cf 'ilp institution of thewvords aui 1 d TI-dlas-tr:iai1" a-.~ 1 -1C, ilovc

Jing ito tie a nalnt- of Iiilisbomnrh otf all Aitt: et fleas-ceased z n b1Vi Slate, in and to the sniI Mclhal or itspropert-v Ib v ven',ou cf i-ca e nal14rv1qt'o11s ie anti'aid aram' T1i- J , f, i.."I; l' De z nci m !ialeat of (i Sti n'2Gt) of the Revi med Statui-tes of thle S-tate of Flaolp3hrelating to the establishmnent of a normal s-chool forcolored teachers. and providiirig for the election of a'faculty therefor; the establishment, creation and lo-cation of the ~nivc-rsit- of the State to be known Vithe University of the State of Florida, and one femaleSemi'nary to be know·n as the Florida Female College,and far the inaintenant e and support of same; provid-ing for the chfange of location of the Institute for theUlind. Deaf and Dumb now located at St. Augustine,and its enlargement, maintenance and support; pro-vidinff for the maintenance, support and greater effi-*ciencv of the Colored Normal School located at Talla-hassee. and for the change pf location of the same asinar tie desired; for the creation of a Board of Con-trol to muanae and control all of said several institu-tions created and provided to be supported and main-tained by this act, and to provide for their appoint-ment. terms of office., manner of their snccessioh, or-ganization. compensation. modes and manner of pay-weent and in otters connected therewith; a rantingrpunto said Board, thetcntrol and management of salt!inisFtitutions and every department thereof. full powerand authority to that end, and for the employment ofall inst-uctors. teachers. servants and employees:, forthe purchase of all property, furniture, paraphernaliaand matters for said institutions and the proper ad-ministrofon of the same, and the mode land mannerby which the expense of their operation, support and

L,~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-i

1629

maintenan-e shall he provided and paid; making the'tsid B ar I md its a'utoiem subjeit to the concejl and -

suj,-i-kvslorn ol the Vi.4te BLt i of Education, and pin-Aid.n for joiat mneeteinos df the siL r-

atmo.1- th" sai-l 13a ci Co't-rol a bon -nD o lgt'z a' its powers ind duties;

fOriCal)lzti ; ii e i i4', Cpvond jaeiet orf -ualIist ttd on o L ?'4 ''1 to othe aI c e U-

trt11 Nh tl'-J IDOOaiu.telE1nc of tih s-i 'di-il-' r OrIltl ilo thlat wax be "0 loczt'c"'tz IlO.-S,~ae~ Ill" i~lto uiL 1 t 2. od j ii 1 e i

1~f I i e i ,)1t c f oIf estf"" I-er theFitAit Cah 1.o jii:11 a:tt Elect afii t a. ;he

of tlII' O. TE1e " 't-- tuc i1iv1C Li ~h je TU e

iiwt 0 or-md"s bel" -in' 'co th:e cis c t t- t ollegean)d not the Ip roPrty of tlie :tate- of t'lrit a al c asenone of sahi ihnstitutions crea-,ted or mahinlaineed by*lde actl shali he located at Ta lahamfhee, and in caseonie of said institutions created byT this act shall be 0o-cated there,and for any. necessary acccuntina g betweenthe City of Tallahassee and the State of Florida in re-gard thereto; providing for the establishment in theUniversitv of the State of Florida created by this actof an A-ricultural, Industrial and Mechanical Do-partment and Normal I)epartient for the Instruc-tion of White Teachers, Summer Schools, a classicaland scientific department, and such othar depart-ments of higher education as tile said Boards shalldeem necessary; prov'idivg for tile dEsign of educa-Con for the admission of students for scholarships,for rules and regulations in that regard, and as togrades of education, and the powers of said Boards inregard thereto; providing for the anpropr-iation ofthe Seminary Morrill and Hatch funds and the inter-est thereon as required by the act of Congress grant-ing the same; providing for a rettlement with theCity of Gainesville and the town of Lake City in caseneither of the Institutions created or maintained bythis act shall be located at either of said places andfor the refunding of donations made by said placesrespectively to the institutions formerly located thereat and abolished by this act, in case that none ofthe institutions are located by said Boards at su.h

1630

j'itiSi: 'r'stftidir.i. for the sale andL disposal of all theassets by th;s act not specifically appropriated, andfor tlie creation of a fund arising from any surplusassetls and property, and the disposal of the same;p1rovidling for an appropriation by the State for theplurpoire of aiding and assisting in carying out thejlrovis:ons of this act, and for a contiula-aig approplri-

ation for the maintenance and support of said insti-tutions as may be requibite and necessary from timeto time; providing for the auditing and approving ofall accounts in the operation, enlargement, mainten-ance and conduct of the institutions provided for andmaintained by this act, and the modes and manner iftheir payment; providing as to who shall keep andhave possession of all funds provided for under thisact and subsequent acts in relation thereto, as to 'bowthe same shall be paid out and disposed of; provid-ilr for the powers and duties of the Board of Controlin relation to the prescribing of examinations and theformsof thelreof in the public schools of this State andas to a.dnisislion therefrom and from other institutionsof learning into the said institutions created andmlaintained by this act, and the issuance of certifi-cates in regard to the same; for the vesting in theState Board of Education of the title to all the assetsand plo%:erty of the Colored Normlal School and t-he

0 Iunstitute Sor the Blind, Deaf mrid Dumb;requiring the abolition of such trustees,manal2ers and officers and the surrender of the]nnlalgem~ent, possession and control of such linstital-tions alnd their propetty to the Board of Control-thevestilu in said board of all powers now provided bylaw a:nd this act in regard thereto; the duties of theState Treasurer, Comptroller, Snperintendlent ofPnublic Ilnlsitructionl. State Boaird of Edleation aindRcard of Control in regard to said instituilios: toprovide for a Normal Departlllent and SnnunerSchool for wThite teachers in the Florida Femlale Col-lege and a Sunmmer School for colorel teacvhels inthle coloredl normla] schllool-wllhenever aeEssarl- andto repeal all laws in conflict with thle provisifllns ofthis act.

--a

IF

1631

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

T. -M. SCOTT,'Chairman of Committee.

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



By permission- Ar. Scott, Chairman of the Joint Committee on Enroll-

ed Bills, submitted the following report:Senate Chamber,

Tallalia:a-ee, Fla., May 31, 1905.Hon. Park M. Trammell, o:

Pr-esidenc~t of the Scnatic: iSIR-un r o Joint Commiittee on Enrolled B.ll's to wdhom

was referred 'IIA 'act t ppvl'oipriate the su:;m of fifteen t1aiouiand dol-

la -cnnia" j for two yea,-rs to aid, the Flordida State Mi'd-Whinier Fair -Avissoch-icii in makirg a displa-v of the agri-cultuirall, miuneral, i utlial,.-iti ihoi-ti'cultural, folestry, livestock lnid other icrources of the State of Florid.a;to enncourat erd pidmote ijumigration from other ,Statesof the 'united States, also foreIgn countrieszi, and to in-finance compe2tition ama ug the various; producers, thatwill tend to improve the character of all products knownto the State of Florida, the said fair to be held in theCi I - of Tampa, Florida, between November 1st, 1905, andMaTircph -1. 1906; also between _Novembe5r 1. 12106 ardf Ma! *1, 11907, and to provide for the payment therefor.

Also,An act to authorize the City of Gainesville, in Alachua

countyv, to issue bonds for educational purposes.Beg to report that the same has been presented to the

Governor for his approval.Very respectfully,

T. M. SCOTT,Chairman of Committee.

Senate Bill No. 245:A bill to be entitled an act to amend Section 1329 of the

- ~vised Statutes of Florida, in %reference to decisions,reports and other papers and records of the Supreme-'

-Court, to be furnished to the Attorney-General.

~If

1 332

Was taken up.Mr. Wffilson lasked permission to withdraw Senate Bill

No. 245.Which was agreed to.And i3enate Bill No. 245 w~as withdrawn.Air. Wilszon mloved that House Bill No. 272 be taken up

out of its order and now considered.Whi,,-h1 was ::-rced to bh a twro-thirds r7ote.Hlouse Bill No. 272:_k bili to be cutitied an act to provide for the taking *)f

the census of the State of Florida in the vear 1905.Was tallen up and reaid a second time in full.Mr. Adianis moved that House Bill No. 272 be indefinite-

l4 postponed.Which was not agreed to.Mr. Humplhries moved that the rules be further waived,

and thiat Houise 11111 -No. £72 be read a third time in fulland put up-on its passage.

Which was a-reed to by a two-thirds vote.And H1ou Bll No. 272 was read a third time in full.Upon call of t e ioll on the passage of the bill the vote

mnas:Yeas-SBtnentori Alford, Bailey, Blount, Canova, Crane,

Crew-9.s, 0Cml Elenri-is, Huimplhries. Jacklsoni, Lee, Massey,-Keel, Rlaney Sanms, Stockton, WT est, WT'iison.-iS.

Nays--i' r. Prscident, Senators Adams, Baskin, Davis,Scott, Zim.-G.

So House Bill No. 272 wHas passed, title as stated.Mr. Stockton moved that the Senate adjourn until 9

o'clock a. i. tomorrow.Which was agreed to.Thereupon the Senate stood adjourned until tomorrow

June, 1, 1905, at 9 o'clock a. m.

CONFIRMATIONS.

Clark Knight to be Harbor Master in and for the portof Tampa, Fla.

V. B. Mellvaine, John Trice, George H. Benjamin andT. M. Jones, to be Pilot Commissioners in and for thePort of Tampa.

J. Fred Lohman, to'be Harbor Master in and for thePort of Fernandina.

1633

1). P. Mlalle- H. Golclsteiu, P. IK. Richardson, W. B.,Bell, S. a. Swran, to be Pilot Commissioners in and forthe Port of Fernandina, Florida.

J. O. WVilson, to be Pilot Commissioner in and for thePort of Tampa, Florida.

Isaac A. Steawart, to be judge of the Criminal Court ofRecord in and for Volusia county, Florida.

J. W. Perkins, to be Solicitor of the Criminal Court ofRecord in and for Volusia county, Florida.

J. Edwin Abercromlbie, to be Harbor Mfaster in and for jthe Port of Pensacola, Florida.

T. A. Jennings, Geo. L. Lappiagton, J. H. Harvell, 1.HI. Ailkin, Richard M. Cary, to be Pilot Commissionersin and for the Port of Pensacola, Florida.. . ¶

I'

.i,?

APPENDIX ,DT

Followring is the report referred to in Senate ResolutionNo. 28, page 1543, bound journal.

Tallahassee, Fla., July 22, 1890.Tia Boald o;f (Coinmmissioners on Indian War Claims

met in Ille Ci Lw of Ti;:Lahassee, pursuant to adjournmentat a'ampa.

Plresent--Cleo . M . Walker, Chairman.Charies F. Wall.B. WY. Long.

Ihe folimwing warzlrant was received and properly re-ceipled for:

W. J. Baker.The _Bfard adjouined till 9 a. m., July 23d.

Tallahassee, Fla., July 23d, 1890.The Board met at 9 a. min., pursuant to adjournment.

Full Board present.The foliowing wmrrants were received and properly re-

eeipted for:e Enoch B. Phelps,

Annie Mayo, Admx.The Board adjonwued till 8 a. m., July 24th.

Tallahassee, Fla., July 24, 1890.The Board met lpursuant to adjournment. Full Board

present. On motion, it was ordered that the Chairman beauthorized to employ a Secretary at $3.00 per diem.

Mr. E. G. Chesltey was accordingly employed for thatpurpose.

On motion of Mr. Long, seconded by Mr. Wall, the fol-Eowing resolution was adopted:

1C35

"Resolved, That when any warrant is presented to thisBoard, and it shall be voted on for approval or rejection,that a two-thirds vote shall determine as to the validityor fraudilency of said warrant."

Mr. Long in the chair. rMr. Walker offered the following resolution: "Resolved, That the vote on each warrant shall be 7

made by yeas and nays, and a record of the same kept and ; ''filed with the Comptroller of the State." y

The above resolution was lost. Mr. WTalker offemed the following resolution, seconded

by Mr. W'all:"Resolved, That the minority as well as the majority

shall have a right to report on each warrant approved orrejected by this Board-the same to be filed with theComnptroller of the State." -g

This right being conceded by the Board, the above reso-lut'ion v-as withdraawn without formal action.

Mr. Walter in the chair.On motion of Mr. Long, it wasOrdered, That the following Rules and Regulations

adopted by the Indian War Claims Commissioners at a jmeetingo held in the city of Tampa during the month of ,Febiusar, last be spread upon the Minutes of this meet- 'ing, to-wit: ;1

First. No warrants will be approved unless the evi-dence or circumstances show that the service renderedfor which they were issued was enrolled service.

Second. Warrants bearing regularity upon their facewith no evidence to the contrary will be considered asprima facie evidence of having been legally issued.

Third. WThen the circumstances or evidence show ir-regularity as to the issue of warrants, the onus of proof as to their regularity will devolve upon the holder of such warrants. '

Fourth. Where there is a doubt from the evidence, or jthe circumstances as to the validity of a warrant, theholder of such warrant will be given the benefit of suchdoubt."

After due consideration the following warrants, pre-sented by Mr. W. J. Baker, were approved:

1636

No. Issued to Date Amount.11:31 NY'. J. Baker ......... May 1, ISG1........ A, "10.121138 John F. Baker....... May 1) 1861........ 181.00

The Board took recess till 2 p. m.On re-assembling for afternoon session, T. W. Williams

appeared on behalf of James McNeal, as hicir of Lient.John c-Neal, and filed certain documents in support ofsuch clail;a, the Board giving receipt therefor. The war-raint in thisen ctase is repriesented as lost, the BoinrJd re'ceiv-ing tile documents in custody on the contingency of a

Io:~;siln~ ~;di:,isoverv of I i" i vsinZ worra'In s'aid warrantnever havirng been n o _ :;zon of the Board.

AfteV due conside ration the following warrants, pre-center1 lid ¼nie NIvo, Admx. of Est. of Anderson May-o,

-were 4-aiy aapp-ioved:

N o. Issued to Date Amiount.Ca"'ji-a Al ' - r.lay 24, 1831.....1.. .. I i 22

I"3 8 5 L F'zic JI. $4iddiu._Mai 24-, 1361 ........ IS1.221 3T ½rci 7 JccownA May 241, 1881....... 1184.2212 J. 7' hc i e. ...... May 241, 1861........ 114.37

1 J6 a& A. GeierJ(1 . M.. .Ia y24, 1861 ..... 114.3711 6) Ilee Giddings ...... MT ay 1, 1861........ 184.2211" 2 G. P. Yelvevton. M .- ay 1, 1861........ 18-1.221156 )John F. Cart1er. M...,Aay 1, 1861........ 184.22105- J. A. Geigyer ..... May 1, 1861........ 78.75

92 7F If. Giddeon ....... May 1, 1861........ 51.7094S Hlampton KIersey ... May 1, 1861..... 71.06

1164 Hampton lKersey . . .May 1, 1861........ 184.22

In case of warrants of estate of MN. WY. Wall, in pos-session of Board, viz:No. Issued to Date Amount.

1386 N"T1nI. 1M1. Lang...... May 24, 1861....... qt14 .371387 Jos. T. Fountain .... May 24, 1861........ 45.621127 A, Ganard.May 1, 1861........ 690.251398 S. T. Thomas ....... May 24, 1861 ........ 233.631097 Charlev B. Hill.....May 1, 1861........ 211.471104 Rufus Hoyt ........ May 1, 1861...... 185.731112 John F. Barrett .... May 1, 1861.......115.411389 John McNealM.ay 24, 1861.......145.771101 Edward C. MeGeachy. May 1, 1861.......185.73

I

4 1637

1394 'W'Pright WV. Bowen-.. May 24, 1861 ........ 145.791136 Isam A. Munden....May 1, 1861 ..... 184.221354 Thomas N. Wilson.. May 24, 1861........ 114.371382 Wilson Tyneri ...... May 24, 1861.......50.401041 Jacob W"Tells ....... May -1, 1861. 80.17

The same were not acted upon, awaiting completion ofaffidavit and testimony as to character of service.'

In case of W'arrants of E. B. Phelps, viz:No. Issued to Date Amount.

1012 iEnochl B. Phelps.... .May 1. 1861........ $ 80.171009 E. P. Phelps. Ma..... y 1. 1861........ 47.25

93)7 Enoch B. Phelps.... May 1, 1861...... 18.12Thbsalne were net acted upon, awaiting completion of

affidavit and testimony as to character of service.

In case of Warrants of Annie M-ayo, Admi.* No. Issued to Date Amonut.

13SO James T. Phlelps:. . . May 24, 1831........ 63.091083 Tyburn ier-sey .. ......... 0681 ......... 66.571075 W. E. Boyett....... May 1, 1861........ 2 fn35

978: J. WT1. JackLson. M. . ay. .. 1, 1861 .6..: .. G.001076 J. A. Boyett....... May 1, 161........ 70.351023 Joseph Merritt ..... May 1, 1861........ 233.63 L1379 RBielard 0. Wingdte.May 24, 1861........ 38.071047 Nathan Boyett ..... May 1, 1861........ 73.68 I10SS J. W. Jackson...M... ay 1, 1861........ 40.45

The same were nOt acted upon, awaiting completion ofafrdavit and testimony as to character of service.

In case of Warrants of Perry G. Wall, viz:No. Issued to Date Aiiount.

1123 Perry 0. Wall ...... May 1, 1861........ $ 70.351.122 David H. W'"all .. .May 1, 1861...... 70.351344 Levi S. Whitehurst.-May 24, 1861........ 185.73

After due consideration the same were approved.

In case of Warrant of W. S. Smith, viz:No. Issued to Date Amount.

1057 Henry, Harnm......:May 1, 1861...... $ 70.35No action was taken, awaiting completion of affidavit

and testimony as to character of service.The Board adjourned till S a. in., July 25th.

'GoS

Tallahassee, Fla., July 25, 1890.The 13Board met at S a. in., pursuant to adjournment.

Full Board present.The miLutes of the preceding meetings of July 22d, 23d

and 24th were read and approved.A communication from D. Lany, Adjt. Genl., enclosing

?F'-7 documents supporting claim of Angus Gillis, was, on mo-tion, re-referrled to General Lang, on account of absence ofwarrant, the Boardl ruling that it hacl no jurisdictionwhere warrant was not presented.

('1' mrotioni of M:r. LIo g, it wavs ordelredl:"That Rule 1 of Regulations adopted at Tampa be so

amended as to require holders of a warrant or warrantsto prove by the aficdavits of two reputable citizens thatt lhlc lkikow from their piersonlal lknowledge that the serv-ices lrirereed fIr r-l.h<'' said wawrrant or warrants weree

j ~~~~1T' .-NS li.' --~ en tolli ervitle.

Qu! I li ,on r,' J. o-, it Y'i.t ordiere .l:l-ii whvlnil Wis oardl adjourn, it aldjourn to meet at

OCaiUa, il'.rl'a, n ruTuneilay, the 11th day of Novemberne.t.

Pr1. Loig Illo0%ed the following resolution:. ~ Bc:Resolvc-d, "That fll affldavrits heretofore miade and filed

*;.i nwith the predecesso!rs of this Board shall he considered tohaxe the same force and effect as if made and filed withthii 134),lrd.'

Mir. Walker moved as an amendment to add-"So faras they apply to a regular organization of the company

l~i· to wNhich the affidavit belonged and shall be considered asadverse testimony to the warrants issued in the Companyof said affiant."

!Mr. Long moved to lay the amendment on the table,wrhich was carried, and the original motion, withoutamendment, was adopted.

Mr. Long moved to reconsider the amendment to Rule1, previonsly adopted at this meeting, and the amendment

rwas reconsidered, and subsequently laid upon the table,upon motion of -Mrl. Long.

On motion, it wasOrdered, That Rule 3 of Regulations adopted at Tampa

be so amended as to add thereto:Which proof shall consist of the affidavits of two repu-

table citizens that they know from their personal knowl

I

1639

edge that the services rendered for which said warrantswere issued was enrolled services.

ThLe following warrants wvere presented to the Boardfor consideration by John A. Pearce, Agt., and duly re-ceipted for:

No. Issued to Date Amount.1297 A. R. Williams..... May 22, 1861........ $226.95 ;1316 James W. Stanley. ..May 22, 1861........ 226.95

851. William Mills....... April 29,1861........ 264.00 1013 Michael Whitman . .May 1, 1861........ 265.131317 W. W. Cassidy ..... May 22, 1861........ 226.95 1328 J. Johnson ......... May 22, 1861........ 226.95 |129G John Hawkins ..... May 22, 1861........ 226.95 1'1320 James Gough ...... May 22, 1861........ 226.95 . ,1323 S. Godwin ......... May 22, 1861........ 226.95 1322 Wm. Godwin ....... May 22, 1861........ 226.95 1321 Allen J. Cassidy.... May 22, 1861........ 226.95 1324 James Munroe .... May 22, 1861........ 226.95 1410 D. C. Cook, Atty....May 27, 1861........ 241.64

On due consideration the following warrants, belonging to Samuel E. Hope, were approved:

No. Issued to Date Amount. 1161 James B. Wilson .... .May 1, .1861........ $184.22 |1118 John A. Sutton..... May 1, 1861........ 70.351350 Villiam J. HarLt .. May 24, 1861........ 211.471386 William J. Hart.... May 24, 1861........ 62.58 1152 Francis R. Nicks.... Ma. 1, 1861........ 184.221154 James R. Nicks.....May 1, 1861........ 184221153 William R. Nicks... May 1, 1861...... 184.22

984 C. B. O'Neal, Admr .. May 1, 1861........ 49.351151 Benjamin R. Nicks.. May 1, 1861........ 184.22

; 1 996 W . D. O'Neal ...... May 1, 1861........ 31.50 :1045 William D. O'Neal .May 1, 1861........ 73.681390 William M. Garretson..May 24, 1861...... 171.77 -

925 E. J. Knight........May 1, 1861........ 25.00919 Robert M. Hill..... May 1, 1861........ 30.37

1348 James A. Allen..... May 24, 1861........ 185.731393 Samuel E. Hope .... May 24, 1861........ 145.791105 Alijah A. Hill...... May 1, 1861........ 185.731392 David Hope ....... May 29, 1861........ 145.79

924 Levi S. Whitehurst .May 1, 1861........ 25.67

: ' . ~~~~~~~~~~~~~~Ii

1610

921 Richard M. Crum... May 1, 1861 ........ 28.351120 Francis E. Saxon.. .Mlay 1, 1861 ...... 70.351132 Jackson L. Andeis. Moay 1, 1861........ 210.12

94 6 Edward C. Mcnc~arbyi.May 1, 1861 ...... 60-681113 Ricard R. Crtuu.May 1, 1861......... 115.411110 XV. nV. W'aill ....... May 1, 1861 ....... 185.73922 Morris Giddeons.... . ay 1, 1861.30137

923 James. M. Cooper....Mlay 1, 181........ 25.679-10 Juhrn-, A. latt . M..ay 1, 861........ 43.58947 S RuIl P1 o: e. .May 1, 1861.......... 44.63

1341 V~''. -Al. Lla'.m. May 241, 186 1i...... 5.11-7 -i it ii A. &L:en.....JMay 1, 1861........ 184.2

1116 Jamers . Pi£U~tuntain. .-May 1, 1861........ 184.2:1107 .i ' . Hale. I.i. Malqy 1, 1861........ 185.73114) Charlcs ''ido'a-s.. .Mny 1, 1861......... 18.22139 W 9 illiamzi TVi . W all... May 24, 1801.. 43.581081,6 John ....s.e.tt . May 1, 1861....... 139 27

916 Thoinmas I. Hill.....Mday 1, 1801....... 16.10

IIB y request of G. NV. Walker, his vote is recorded asagainlt the approval of all the above-mentioned warrants,except the following Nos. 1350, 1386, H118, 11161, 916, 1096,1396, 917, 9410, 922, 923 1110, 1113, 946, 1120, 921, 921,1802, 1105, 13193, (19, 1 -_3901.

By request of G. NV. Walker, his vote is recorded asagainst the approval of the following warrants, approvedJuly 24, £8S90, viz: 1131, 1138, 1366, 1365, 1367, 1352,1360, 1160, 1162, 1150, 1053, 927, 948, 1164, 941, 1122.

The foregoing minutes were read and approved and or-dered filed.

The Board finally adjourned.Attest: OEO. W. WALKER,.

E. G. CHESLEY4 Chairman.Secretary.

Tallahassee, Mar. 10, 1897.I hereby certify this document, included in sheets 1, 2,

and 3, to be the true and original minutes of the meet-ings of the Board of Commissioners on Indian WarClailms, held at Tallahassee July 22 to July 25, 1890.

E. 0. CHESLEY,Secretary.

I, All. V. Knott, Treasurer of the State of Florida, dohereby certify that the above and foregoing is a true and

1641~ ~ ~ ~ ~ ~~~~~~4

correct copy of the original paper which is now on file inmy office.

In teti!l)ony nwhereof I have hereunto set my hand andofficial seal this the fifteenth day of December, A. D. 1904. (SEAL) "W. V. KNOTT," !

Treasurer of the State of Florida.

'Tlihe clainils hereinil referred to h ave no connection whlat-e--- ;;h and nle entirely separate from, the laimsl;-acttnllv rjnad hi- tle Ftate of Floridca and filed aS tlebsv o. tif . e l Ciai ';lillnst tire United Ljtates, set Out ifl A

'"l <ecxni. .- lt/ionvuice-t TNo. GSCW and r( ecentnly p4 id to tleState ef Floi a inltler t Public actP -bo. 124i" by the Gen-eial Governnment.

Cii \P1iTi 1,175-(No. S2.)An Act to providCe for the paymlent of the Florida Vol-n- '

teers and otlhers, w.ho have not been paid for servicesactually rendered the State of Florida in the last MWar ;;w-ith the Seminole Indians.

Section 1. Be it enlzactecd by the Senlate anzc HouWse ofRepicsen1tatives of the State of Flor1ida iJ7 Gcanera1 AsseaS -blU onv1-ienedl Thlat the Complllltroller of this Statebe and he is hereby required to audit and allow, and the Treasurer of this State is hereby requlired to pay uponwarlrant from the Comptroller, all amounts due VolunteerCompanies, or person or persons perforlming volunteerservice, transportation, or in any manner doing service orfurnishing supplies for the State of Florida during the last Seminole Indian -war in said State, who have not beenpaid for the same.

Sec. 2. Be it further elnacted, That said companies, or person or persons who actually did service for theState during the time of said war, shall be allowed thesame. compensation for their services, subsistence, sup-plies, transportation,l etc., as is allowed by the laws oflate the UJnited States of America. and b6e said Comptrol-ler shall be governed by said lamws in making allowancesto the companies and -persons herein and above enumer-atecl.

Sec. 3. Be it flrt7lher enacted, That it shall be at theoption of said volunteer comlraies, person or persons

nil

C!eiltloi-'d in lltle first section of this act, to receive from

thie Colmptroller of Public Accounts w arrants upon the

'frealsm, or to aL al tl elws ±LF n - - - s of an

act approved January 7thtl, X. I. 1853. entitled an act to

provide for the payment of Captain Sparlkman, Parker's,and other volunteer companies for service in the year

w - <' -.~ 1S849.

Sec. 1. Be it fmiittl 7er ciracted, That if tlere he any

nmonies rellaining in the Treasurv or in tile hands of any

officer of this State raised by virtue of an act to provide

for the paymlent of the debts of the State, approved 27th

Lecenlberl 1856, the same shall be paid pro rata upon the

wa-rrants or scrip issued according to the provisions

of this act, and the said act to provide for the payment

of the debts of the State, approved 27th December, 1856,

shall, and the same is hereby in full force, and the money

may be raised by the provisions of said last mentioned act

to lpay tle sumIs found by the Colmptroller ro be due and

owing by the provisions of the first section of this act.

· IS~~ ~ Sec. 5. Be it further enactecld, That thle person or per-

sons applying for the benefit of this act shall make af-

fidavit before the Judge of Probate of the coutntv in which

he or they reside, that he or they has or have actnally

reudered tile service of the kind and for the time specified,

or that he or they has or have actually furnished provi-

sions, &c.. for %vhichl he or they claim relmuneration, wvhich

shall also be sw-orn to by three disinterested members of

the conmpany to which the claimant belonged, or for nwhich

tle supplies vere furnished or services rendered, and the

claimlant or claimants shall also Lmake affidavit that liheior tlhey laIs Fr ale nlever b?Pn paid for said serries, &ce.,

eitlher by the late United States of America or by the

State of Florida, after which thle Judge of Probate shall

certify lhe lhas reason to believe and does believe that the

persons mak]ing the affidavit aforesaid are the persons

they represent themselves to be, and that he believes themn

it~ ! to be mwen of veraci'ty; and sal.l vf; iis rroper seal of

office to the same upon the production of w-hich certificate

by the Iperson so entitled, or his agent or attorney, the

Coimptroller shAil issue his warrant as aforesaid.fec. 6. Be it further cnacted, That wThenever the pro-

visions of this act are complied with, it shall be the druty

of the Colmptiroller to issue warrants on- tle Treasury foc

tlhe amounts due said companies, person or persons, or

1643

issue scrip, according to the provisions of the act ap-proved January 7th, 1853, entitled an act to provide for-the payment of Captain Sparkman, Parker's and othervolunteer companies for services in the year 1849, as the-said companies or individual members thereof, perscwror persons, their agents or attorneys, may elect to re-ceive. -,

Sec. 7. Be it further enacted, That the warrants orState script issued as aforesaid, shall be paid out of anymonies in the Treasury not otherwise appropriated, whenever the same shall be by the holder thereof presented atthe State Treasury.

Passed the House of Representatives January 26th,1861. Passed the Senate February 1st, 1861. Approvedby the Governor l v-bruary 8th, 1861.

, * ---- " -- . . . . 1

(ORDINANcS No. 60.-Adopted July 27th, 1862.)

"Be ordained by the people of the State of Florida inconvention assembled: That the act of the general as-sembly, approved February 8th, 1861, and entitled 'an actto provide for the payment of the Florida volunteers andothers who have not been paid for services actually ren-dered the State of Florida in the last war with the Semi-nole Indians,' be and the same is hereby repealed, and the'payment of all warrants issued by the Comptroller underthe said act to be suspended."

0

The following ordinances are published in connectionwith the Constitution of 1868, Page 53, McGlellan's Di-gest of the Laws of Florida:

Sec. 8. "All State Treasury Notes issued, and all otherliabilities contracted by the State of Florida, on or afterthe 10th day of January, A. D. 1861, to the 25th day ofOctober, A. D., 1865, except such liabilities as maybe due to the seminary and school funds, and such otherliabilities as are provided for by this Constitution, beand are declared void, and the General Asembly shallhave no power to provide for the payment of the sameor any3 part thereof."

105 S. B.

1644

Ordinance adopted by Convention, November 6, 1865.Sec. 9. "The ordinance in relation to State Liabilities

and Treasury Notes shall not be so construed toinvalidate,impair, or make void any bona fide contract or liability

'of the State of Florida, incurred or undertaken prior to[" *-' '-the date of the ordinance of secession: Provided, That

*this ordinance shall not apply to any claims which haveheretofore tbeen declared fraudulent or have been re-jected by the State."

Ordinance adopted by Convention, November 7, 1865.

-' CHAPTER 3113-(No. 15.)Sir~ ~ AN ACT to Provide for the Examination and Settlement

of the Claims against the State of Florida for Servicesrendered during the Last Seminole Indian War, aid

j':.~ ~ for the Settlement of Claims of the State of Floridaagainst the United States.

i4~ Tl~he People of the State of Florida, represented in Sen-.: .' ate and Assembly, do enact as follows: Section 1. That

the Governor is hereby empowered to appoint three suit-able persons, who shall constitute a Board of Commission-

;Z~ ~ ers, to examine and approve or reject any and all war-~~~i *rants issued by the Comptroller of this State in paymenti'~ ~ for services rendered during the last Seminole Indiani(~ ~ war, under and by virtue of Chapter 1175 of the laws of~~I ~ Florida, approved February 8, 1861, whi h u-I)~ ~ sented to said board.!j - ~Sec. 2. Any person presenting any warrant as afore-

i5~ ~ said, shall by himself or herself, his or her agent or at-torney, make affidavit and file the same with the saidboard that he or she is the original payee named in saidwarrant and actually rendered the services for which the

it~~ gsame was issued, or that he or she actually became theowner of the same for a valuable consideration and

i'~ ~ without notice of any defect in the said warrant,X!~ ~ or that he or she are the legal heirs or assigns of the

original payee. or of the bona fide purchaser of the war-rant or warrants presented, and shall produce such otherevidence as to the validity of the original claim for whichthe said warrant was issued, or any part thereof, as thesaid board may in each case deem proper and be satisfac-tory to said board.

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Sec. 3. Every warrant examined and approved -shallbe so endorsed by the chairman of said board and de-posited with the Comptroller; and the Comptroller shallthereupon make and deliver to the owner or holder ofsuch warrant his certificate, under the seal of his office.that the warrant specified therein had been so examined, approved and surrendered, and that the holder of saidcertificate is entitled to the amount of said warrant.

Sec. 1. That the said board shall, without unnecessarydelay, give such public nutice as it may deem necessarv for all persons holding said warrants to present the same i for examination.

Sec. 5. That the Governor is hereby authorized and ; empowered to appoint a commissioner with power to j

proceed to Washington and adjust the claims of the a State of Florida against the United States; and the M

: moneys paid bly the United States, or so much thereof as may be neeetsary for that purpose, shall be and are hereby appropriated for the payment of the certificate issuedas aforesaid, and to defray the expenses of the saidBoard of Commissioners; and the sum of two thousand dollars, or so much thereof as may be necessary, fromn 'iany monies in the State Treasury not otherwise appro- vpriated, is hereby appropriated to defray the expense of said commissioner to Washington, and the incidental , expenses of the said commission.

Approved March 11, 1879.

9i~~~~~ ~~Tallahassee, January 20,1881.H Eis Excellency W. D. Bloxcham, Governor:

1 ~ ~By authority of an act approved March 11,1879, a board of three commissioners, consisting of Robert Bullock, W. C. Brown and W. K. Beard were appointed in December, ' 41879, to "examine and approve or reject any and all war- * irants" issued by the Comptroller under and by virtue of i ,an act approved February 8, 1861. (Chapter 3113, Laws

i of Florida.)As required by the act of 1879, the Commission gave

notice that they would hold a session at Tanipa, but,i from the inability of members of the Commission to at-

tend at the appointed time, the meeting was postponed toa future day, of which notice was also given. At this last

1646

date a quorum of the Commission met at Tampa, andheld a session, receiving, examining and filing such war-rants as were presented.

The second section of the act creating the Commissionconferred upon them power to require such evidence asto the "validity of the original claim" upon which war-rants had been issued as the Board might deem neces-

p,- -sary. At this, the very threshold of the investigation,the Board were confronted with difficulties that havebeen insurmountable. These difficulties have been great-ly enhanced by the failure of the law creating the Boardto confer upon them power to send for persons and pa-pers, or to administer oaths. Yet it came to the knowledgeof the Board, from sources it could not ignore, that a largeportion of the warrants in question were tainted withfraud, forgery and perjury, while others were issued topersons having, in the opinion of the Board, no claimswhatever against the State. The Board further foundthat a great part of the warrants were in the hands ofthird parties who could give no evidence as to the "validi-ty of the original claims."

In this dilemma the Board determined to examine nomore warrants then, but to meet at Tallahassee, whereaccess could be had to contemporaneous correspondence,and other documentary evidence bearing upon and relat-ing to the service for which the warrants were issued.

In pursuance of this plan, the Board invites your at-tention to the following extract from a special messageof Governor M. S. Perry to the Legislature, dated Decem-ber 9, 1859:

'"In this connection I would call your attention to thefact that no claim for services prior to the musteringin of the several companies has been paid. In severalinstances companies were organized on the first outbreakof the Indians, without awaiting orders, and promptly amarched to the defense of the unprotected inhabitants,who were being massacred by the savages, and actuallyperformed active and arduous services for which theyhave not been paid. This service was recognized andapproved by the Executive, but the agent has not felt au-thorized to pay from the date of enrollment, but from thedate of mustering in, in accordance with the army' regu-lations of the United States. I would respectfully rec-ommend that the several companies of State troops bepaid fromnt the date of enrollment, upon satisfactory proof

1.047

being made that they did actually perform active servicein suppressing Indian hostilities." (Senate Journal, ad-journed session, 1859, page 102.)

From this extract the Board are constrained to believethat the then Executive only referred to and recognizedthe services of those volunteers on the frontier whose or- 1ganizations had been authorized and recognized by hispredecessor, and for the period embraced between thedate of their enrollment and the date of their actualmuster into the service of the State. The nature of thisservice and what was expected of the volunteer forces ofthe State is plainly indicated in the correspondence with fand instructions tAx General Jesse Garter, (the specialagent of the State, as will hereafter appear). On the1Sth March, 1S56, Glovernor Broome wrote General Car- -ter: "I notice that you have or-cered one-half of eachcompany to be actively employed on the frontier, wailethe reiaining half should be eneour-aged in planting andcultivating, to be relieved alternately, afs the comnandersmax deemt advisable." This order is liable to seriousobjectioni. We want the United States to pay these par-ties, and it is not likely that wee shall gd our accountspasseld for a full comprany -when only half are in service,and even if no pay is required except for the time in the 'I3field, the disproportion of officers to privates would oper-ale as a bar to ouro reeovelry. Again: It-is not fairto reduce the force while other sections of the State arecalling for protection for which I have not the ability togrant. if the organization of companies on the frontierinterferes with the agricultural interest~ to such an ex-tent as to forbid the organization to be preserved, itwould be better to mnuLster themr) out, and let me supplytheir places fromn the interior. If stuch a course be desira-ble, I ean if urnish substitutes at short notice. So far, then,as this order is concerned, you will please countermandit, and notify the conmmandinlg officers that the Statetroops. must, at all times, be efficient and ready to marchat an hour's notice in pursuit of the enemy. "Appendix toJournal of 1856, page 44).

But it is claimed that the act of 1861, uinder which thewiarrants now in question were issued, is more compre-hensive in its provisions, and was intended to embrace a-different (lass of service. '

1G48

The first seetioc of that act provides that the Conprtlol-ler be requiredl t audit and allow "all accounts due vol-untee- companies, or lperson or persons, performing vol-unte^- aervice, itrallportation, or in any lmanner doingservice, or fArmishin, sum2pplies, for the State of Florida,in tile Ulst war wvii-th the Seminole Indians in said State,who lhave lnot been tjid for the samlle."

Tie fifth section otf this aet restricts the board and corn-plelba mi-e la-nguage of tha first section. by providing thatthe alhd,,vit made liy the claimlant shall be "sworn to bythrac dlsinterested iŽenllbers of the colllpany to which lTheclaillaltt belonged, or for which the supplies Were furn-isecld, or services rendered," vhich seems clearly to re-quire that a company shall have been organized, as dis-tinct froi "' erseon or pelsouns" as used in the first section;and, in thle opinion of the Board, in order that such anOrganl atZ.l'II COU d have existed at all, so as to entitlethem to compensation, they must have been authorizedalid recognllized by, and surbject to the orders of, the con-stitutei .-utho-ities of the State.

The act of 1S53 (Chapter.555, Laws, of Florida) wvhichwas the authority of the Governor for calling for volun-teers in 1856 ', provided in Section 12 that these troops'shall not be entitled to no-r receive any pay from theState until they have received ordelrs to marchl into theIndian telrritory for the protection and defense of thesamlle."

The warrants issued in 1861 by Comptroller WTilliams,under tlhe act of Februnrwy 8th, 1861, wvere in payment fortwno distinct classes of claims. The first class were forthose volunteers wl!o rendered service on the frontier inthe early part of 1S-,G6, and who were recognized then bythe Governor, and subsequently mustered into the serviceof the State unLder the act of 1853. The muster rollsfurnish the data for these claims; and for the amountsdue these companiies a correct statement could have beenirmade b1y Colmlptroller W:illiams in 1961. Theyv are thebeat eviidence as to the valicity of the eriginal claims.

The second class were those for whose organization theBoardl-c can find no aulthority whatever, and who werenever recognizedl by, or lknown to. the State authorities,as far as there is any record of the fact, up to the filingand payment of their claims.

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The Commission desire to present their views in regardto these two classes of claims separately.

PHE FIRST CLASS.

This class compreises the following comlpanies, withperiod of service, and amounts paid to each by Comp-troller WTilliams:E. T. IKendrick's, for various periods in 1856.. $ 430.86Asa Stevwart's, front 10th of July to 30th of

September, 1S56 ................... ...... 497 10Jolin McNeill's, from 19th of January to 14th

of May, 1S56 ............................ 2,064 16 .. MT. IT. IKendrick's, from 1st of Jannary to 26th .

of Februaryr, 1856 ........................ 17,077 01L. G., Lesley's fromn 3d of January to 11th of

March, 1856 ........ 4,945 52 A. D. Johnson, from 25th of December, 1855,

to 26;th of February, 1S856 ................ 21,014 79

$46,029 44And F. M. D)urrance's, from 29th of Decem-

be,, 1855, to 221 of February, 1S56. It hasbeen impossible as yvet to tell the exacttimount in war rants issued to this company,but is between $1,G00 and $2,000, say...... 1,800 00

$47,829 44

Under the act of 1853 the Executive of the State wasempowered and required to organize a volunteer forcefor the final removal of the Indians, or-for the suppres-sion of Indian hostilities, to be called out whenever actualhostilities commnenced. Hostilities commenced in Decem-her, 1855, by the Indians attacking Lieutenant Hartsuof the United States Army, and his command. Beforethe decision of the Executive could be had, volunteers or-ganized-thelllselves into companies, elected officers, andmarched to the frontier.

On the 4th of February, 1856, Governor Broome ap-pointed General Jeose Carter, of Tampa, a special agentfor the State, and on the saume day instructed him to mus-ter certain comupanies into the service of the State. In

r

1650

these instructions General Carter was directed to "dili-gently enquire and ascertain upon what day each of thesecommands entered upon active frontier service in sup-pressing Indian hostilities since the attack upon Lieu-tenant Hartsuff and his command, and the day uponwhich each individual of each command entered uponsuch service, and report the same to this department."Governor Broome recognized the services of these compa-nies as for the State, from the date of their enrollment,and entering upon active service, and assured them thathe would use his "best endeavors" to have them paid. Ac-cording to instructions, General Carter mustered thesecompanies into the service of the State, and it is for theirservice prior to this muster that they were entitled to pay.And as far as the Board have been able to obtain thesemuster rolls, they are prepared to state with exactitude,the amiountils that were due to each company at the timethey were paid by Comptroller Williams.

The Board ascer-tained recently that all of these musterrolls were on file in the War Department at Washingtoncity, and on the 21st of Decemnber last Governor Drewmade application for copies of them, but these we regretto say, have not yet been received and the Commissionhave the rolls of only two companies, to-wit, W. H. Ken-drick's and L. G. Lesley's.

The companies comprised in this class were paid in1859 by Colonel John W. Pearson, by authority and un-der instructions from Governor M. S. Perry, from thedate of their actual muster into the service of the Stateto their final discharge. Colonel Pearson construed hisinstructions from the Governor to limit him in their pay-n:-nt to thle period of their muster, and hence did notpay them for services previous to that date; and it wasto this service that Governor Perry referred in the mes-sage before quoted.

Fom these muster rolls the Board are able to give the| |' lhistory, and a statement of the amount that should have

been paid to two companies, viz: WV. H. Kendrick's andL. G. Lesley's.

! . .. AT~W. H. KENDRICK'S COMPANY.

This comnpany-'was mustered into service on the 2Gth

1651

day of February, 1856, and the muster roll gives the fol-lowing history of its enrollment:

January 1st, 1856.-Three commissioned officers, 8 non-commissioned officers, 2 musicians, 1 farrier and blachk-smith and 3 privates.

January 9th, 1856.-Eight privates.January 26th, 1856.-Forty-seven privates.February 20th, 1856.-Four privates.February 26th, 1856.-Seven privates.The pay roll we have made upon the basis of this muster

roll shows that there was due to this compauy for serv-ices prior to their regular mustering in, $4,037.49, aftermaking all allowances for subsistanee and forage to whichthey were entitled, if these were supplied by themselves.If the company was not entitled to these allowances byreason of the State having supplied them, then they wereentitled to only $2,518.85. It will be observed, too, fromthe statement given as to the dates of the enrollmentof this comipany, that the 26th of January is the earliestdate at which Captain Kendrick had such a com-anY a ys 4swould entitle him to the full complement of comllmissiolledand non-comnmissioned officers, but in Our estimate we

'have dealt wvith it as a full company.The p)ay rolls made for this companiy in 1S61, for this r

term of service, and upon whluich they were then paid byComiiptroller WI5illiams, showv tlat there were warrants is-sued to them to the amount of $17,077.01, which includes$7,362.26 for subsistence and forage with which the cona-pany claimed to have supplied themselves. Yet aftermaking this allowance to both officers and men on the payrolls. Captain Kendrick claimed, and was paid, an ac-count for forage furnished by him amounting to $3,700.Either this acconnt was improper, or the pay rolls forthese items should have been this much less. ]

It is tru-e that while the charges for subsistence andforage are malde on pay rolls claiming to cover a periodfromj, tlie 1st January to 26Gth February, 1856, the- af-fidavits sz'loow in a few instances, that the claim was forforage and subsistence during a period after their regu-lar muister into th e State service.

In regard to tle claim, and allowance in pay rolls forsrhb ;-;tence and forage as-having been supplied by them-selves, the Board desire to make the following state-ment, as derived fromn- the correspondence and accounts

U

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of Generaj Jesse Carter, the special agent of the State atTampa.

Among other duties of General Carter, he was chargedwith those pertaining to the Quartermaster's, and Coin-missary Departments, or with subsisting and foragingt heState's troops. The accounts and corespondence be-tween the Executive and General Carter show that largesums of money were remitted to, and received by GeneralCarter, and disbursed by him for the purposes above in-dicated. This correspondence up to the meeting of theTLegislature in 1856, is contained in the Appendix to theJournals of that year, transmitted with the Governor'smessage. In addition to this (and supplying much need-ed information) the record, or letter book of General Car-ter during the last Indian war, was sent to the Board re-cently by Mr. W. C. Brown, of Tampa, one of the . appointed Commissioners, and prevented from attendinghere, we regret to say, by sickness. From this recordthe Commission find that on the 12th of August, 1857,General Carter wrote to Governor Broome as follows:

"I have the honor to transmit herewith duplicate ab-

stracts of accounts against the State remaining unpaid,covering all items of expenditure, except pay for services,from the commencement of service-December 25th, 1855,to June 30th, 1857, which amounts to the sum of $44,-845.15. To this I have added amount disbursed on allaccounts to same date, $26,881.06. Total expenditurefor the time stated on all accounts pay for service ex-

eluded, $71,726.21. I deem this data reliable, the ab-stracts submitted being based upon the abstract of ac-counts paid and unpaid now made up."

- General Carter seems to have had some difficulty (in-fact lie so wrote the Governor early in the spring of 1857)in getting these accounts from commanders of companies,or those /who had furnished the supplies, forage, etc., for

on the 20th of Jinuary. 1857, hle sent Mr. Samuel E. Hope

with instructions to "repair to Hernando and Sumtercounties, and collect from claimants all accounts, cer-

tificates, etc.," for supplies, hire of teams, etc., and "es-*H1'I pecially to call for accounts for supplies to Captain A.

nhk^ison's company for two terms in 1856."Tlie statement above of General Carter shows that he

had disbursed .$26,8S81.06, and that there then remainedU ii *unpaid $44,845.15 for supplies. The reports of the Treas-

ury Department show that there was paid during the

l(V3 ~ ~ ~ ~ ~ ~ ~ -i

years 1856 and 1S57 for these expenses (subsistence andforage) the sum of $72,024.S5, of which the sum of $43,-442.81 was paid in the fall of 1857, after General Carterhad renderpd his abstract of accounts remaining unpaid.

We have stated before that the troops of the class towhich Captain's Kendrick's company belonged were paidlby Colonel John W. Pearson covering the period of theirmustering in, and discharge. These1 pay rolls show thatthe officers, and their servants were allowed, and paid,for subsistence and forage, presumably upon the claimthat they had supplied themselves. But no allowance ismade for these items to the non-commissioned officers orprivates, and the Board are constrained to believe thathad they or any of them supplied themselves with subsist-ence and forage, they would then have made their claims.Colonel Person had ample means in his hands for theirpayment, as his report to the Governor shows that beturned into the Treasury, after paying these troops, $28,-684.

In addition this charge on the pay rolls paid by Comp-troller Williams, the Board find that the rolls are madein each case to cover the period from the 1st day of Janu-ary, 1856, to the 26th of February, 1856, whereas themuster roll shows that on the 1st of January CaptainKendrick had only three (3) privates; that eight joinedon the 9th, and forty-seven on the 26th of January, andfour on the 20th, and seven on the 26th of February. Andagain, that there are many names on the pay rolls paidby R. C. WVilliams that do not appear on the muster roll atall.

The Board have not had time to go into an investigationon this point, but they find, in one instance at least, thatmembers of this company were paid for the same chargeson the pay rolls of J. W. Pearson and those of R. C. Wil-liam-. Sectond Lieutenant John Knight, oc chis company,; was !lowrl and laid by J. W. Perso.. for subsisteuceand orlace from -tlh '26th of February. 1S;i;, t- 2Sth of; ugln. 8E F56. 01 -w h27tlh of Marclh; 181;! I,ieutenaLntKnight made affidavit that he had supplied himself withsubsistence, and his horse with forage from the 26th ofFebruary to the first of June, 1856, and upon this affidavit,he was allowed and paid by B. C. Williams. The signatureto tlhe receipt to the Pearson pay roll is apparently writ- jten by Lieutenant Knight, and witnessed by W. H. Ken-

Al

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drick, while the affidavit upon which he was paid by R.C. Williams is signed with his X mark.

A summary statement as to the amount that was duethis company, as ascertained by the Board from the mus-ter rolls, and the amount paid him by Comptroller Wil-liams, is given hereafter in This report.

CAPTAIN V .0. LESLEY'S COMPANY.

This company was mustered into the service of theState on the 12th of March, 1856. The muster roll givesthe following facts in regard to its enrollment:

January 3rd, 1856-One Captain, 1 First-Lieutenant,o non-commissioned officers, 1 bugler, 14 privates.

dauwtiry fl6th, 1S85-Thirty-four privates.February Sth 1856-Five privates.Febianr 1iSth. 1856-F ifteen privates. 2 Sergeants, I

bu-ler, 1 Parvier and blacksmith.Febi-aari 1n, 1855G-One S·ecoud-Lieutenant.MJ;tru~ 1h, 18-56-Three privates.

' ( of ein- ent ven by the mulsterroll, and this company was entitled to pay for their serv-ices up, to tb!e date of actual muster, $3,764.47, exclusiveof au ! iii v e fur subsistence and forage, or if al-lorv:ed r- iu cre items, thoey weire entit~IP to $4,940.21.

he :;ivN roil '~r'we-ented for vav to P. C". Williams claims~4,)4a.'., so teat, if the charg'e for subsistence and for-age a.-s tBa;v i en b supplied by themselves is correct, thenthere is onl i diference of 69 cents between the amountbi cclaim~ed, nnd the amoiunt found to have been due by this·Com~iussion.

It is claimed that warrants were never issued to thiscompany except in a few instances, amounting, in the ag-gregate, li o Y.' .97, and this claim the Board are inclinedto beliese Iti C. The pay roll presented to the Comptrol-lei is viguerd l receipted on the margin, opposite eachname, by S. Tuinan, as attorney, but the usual receipt forthe agugegte n-iiount is not signed as in other cases.Again, the letter "I)" is placed opposite certain namesto indicate that the warrant was delivered, and theamounts due these names form in the aggregate $572.97,which agrees with certain -warrants delivered JudgeTurnan.

Unfortunately for this inm-estigation the payments madeby E. C. Williams were, in a large majority of cases,

in aggregate sums, to attorneys, some warrants beingfor over $5,000.00. So that it is difficult, and, in fact,in some cases, impossible to identify any particular war-rant, or to ascertain the proper voucher for such warrant.

The Commission are induced to believe, however, that

the facts can be ascertained in regard to Captain l[es-ley's company.

As before stated the companies of W. H. Kendrick andL. G. Lesley are the only ones in this class of which wecan give a full history and determination, as to whatamounts were due them. Of the remaining companies ofthis class, the amounts claimed of, and paid by R. 4CWilliams, with the exception of A. D. Johnson's company,were small, as will be seen from the tabular statementbefore given.

A. D. JOHNSON'S COMPANY.

This company was mustered into service on the sameday with that of Captain W. H. Kendrick's, viz: on the26th day of February, 1856, from which date it was paidby J. W. Pearson. These facts we obtain from the corre-spondence of General Carter and from the pay rolls ofColonel Pearson. The muster roll the Commission havenot yet been able to obtain. The correspondence of Gen-eral Carter with the Executive shows that this companyv-~s rmirmd or en-olled, about the same time CaptainKendrick's was, and that it contained about the samenumber of men. Taking, then, Captain Kendrick's com-pany as a basis for an estimate for this company, andthere was due them for service prior to their muster intothe service of the State, the sum of $4,037.49. Therewas paid to this company by R. C. Williams in 1861, thesum of $21,014.79. On these pay rolls is full allowanceto both officers, and men for subsistence and forage ashaving been supplied by themselves. Yet Captain John-son claimed, and his claim was allowed and paid by Comp-troller Williams, on account of forage as furnished byhim amounting to $6,200.00. As in a similar charge byCaptain Kendrick, this account, is entirely unfounded, orthe allowance for these items on the pay rolls should havebeen this amount less.

The following summary statement shows the amountspaid, and the amounts that should have been paid, to thesethree companies:

16561C;5(;

To W. H. Kendrick's C-olupany,F4 ·paid by R. C. Wrilliams . ..... $17,077 01

There was due this company.... 4,037 49Overpaid.... .. $3,039 52- Orelpatd ~~~~~. ...... .... ...............$1,3 'To A. 1). Johnson's C(mlpany,

_5Sv·-- 1jid by P. C. W7illiams ....... $21,014 79There was dle this colmlnly. .... 4,037 49Overpaic .. ............................ $16,97T7 O

Overpalid these twro companies ............ $30,316 S8Thlele e-as Hue L. (T. Lesley's colLn-

pal. ................... ,$ 946 21Pay rolls presented to R. C. WVil-

lians . ...................... 4,945 52Uuc!clac · .. ............................. 69

The remlaining companies of this class paid by R. C.-Williallls, with amounts laid, are a.s follows:

* It{~~. T. KIendrcl:ckl's 'CompanyT ................ $ 430 SOAslt F tewart'- Cs'ml;pa ..... .......... 497 10Jo!hn McNeil ........................... 2,064 16F. M. Durrance, as far as can be now ascer-

tainedl about ........................ 1,800 00

W.hat errors wTere committed in these last four coin-planies cannot be ascertained until the muster rolls arereceived and examined.

AXll estimates made by the Commission have been based'*~ ~ upon the idea that these companies supplied their sub-

sistance and forage themselves. Whether this is corrector not cannot be determined without a minute and de-tailed examination of General Carter's accounts andv-oLche"rs; and as tLese papers are now on file in WVash-ington City, in support of claims againot the UnitedStates now pending, the Board are unable to make thisexamination.

It will be recollected that General Carter claimed thatal of these expenses had been borne by the State, andthat the boolks of the Treasury Department show that theaccounts rendered by General Cmarter had been paid.

SECOND CLASS.

We (ome now to the consideration of the second class

1657

of claims paid by R. C. Williams. This clas comlprisedthe'following organizations, and we give the periods ofseiVAce, and amounts paid to each:W.T CNT Slone's Compan.y, from 22d January,

1857, to 3d iMarch, 1858.................. 75,514 10J: J. Carter's Com)pany frolll 27thl Decemlber,

1855, to 11th July, 1856 ................. 473 U30T. C. Ellis' Company, from 14th February,

1SE, to 14th May, 1856 ................. S,232 96RlcSlrt -llck's Comlpany, from 26th Febru-

ary, 1856, to 8th September, 1856......... 4,080 SO54Afoses Horns' Company, from 1Sth January

1856, to 15th April, 1S56 ................ 2,353 5OA. Jarnigan's Company, from list January,

1S56, to 10th March, 1S56 ................ 5,057 54J. P. Crighton's Company, from 15th Febru-

ary, 1S856, to 10th July, 1856.............. 11,777 04Josilhua lMeGaheaean's Company, from 1st

April, 1S56, to 1st Novelllmber, 1856G........ 10,287 .()

4117,77G 48After having made diligent and exhaustive exalmination

of all the correspondence contemporaneous vith thisservice, as well as all other documentary evidence in anyway bearing upon the subject of compensatiou for servrices, or supplies, or transportation, during the last varwith the Semilnole Indians, the Board have been unable tofir - a-i mlention of, or allusion to, any service or suppliesother than that referred to in the extracts from the mes-sages of Governors Broome and Perry before given.

It would seem, therefore, that it was the intention ofGovernor Perry to recommend only the payment of suchtroops as had not been paid fromul the date of their enroll-mnnt to the date of their mu ssel. The Board are unableto find any Executive recolmmluendation for the payment ofany other service, or even the knowledge of the existenceof any other service, and the conclusion is irresistable,that the Legislature had in view only this service when itpassed the law approved Feb'y 8th, 1861, under and byvilrtue of which all the warrants were issued.

The Board find that most of these warrants were issuedfor this second class of service.

These o-cqrizations were in the nature of neighborhoodassociations, in counties remote frnm the frontier, andonly for protection against actual Indian incursions.

165S

As a sample of these organizations, and perhaps thebest, being the largest and receiving nearly one-half ofthe warrants issued, we ask your attention to the coII-pany commanded by Captain W. W. Slone.

This company made claim for service from the 22ndJanuary, 1857, to the 3d of March, 1858, and receivedComptroller's warrants for such service (including al-lowance for subsistence and forage) amounting to thesum of $75,514.10.

As early as the 31st of December, 1856, General Carterwrote Governor Broome that he would "soon be able toreport the State entirely relieved of her military hur-dens;" and on the 16th January, 1857, he wrote CaptainThomas Hulghey that the "State forces have been entirelydisbanded, and General Harney does not desire State co-operation."

On the 8th of May, 1857, Governor Broome, then inWashington, addressed a communication to the Secretaryof War giving a detailed history of the outbreak of theIndians, and the circumstances that had made it neces-sary to call out State troops, and asked that the servicesof these troops be acknowledged as for the United States.The Secretary of War, in acknowledging this letter, ac-cepts the explanation as given by the Governor, and sayshe will direct the officer commanding UnitedStates forces in Florida to have thesetroops "mustered into and out of the ser-vice of the United States, in order that theymay be paid," and in reply to this letter Governor Broomeadvises the Secretary of War that this muster cannot ;ebe made, as tqie State troops "had long since been dis-banded."

It will be seen, therefore, that at the time this com-:janv claimed to have performed service, General Carteranys, "the State forces have been entirely disbanded, and

General Harney does not desire State co-operation," andGCovernor Broome says to the Secretary of War that theState troops have "long since been disbanded."

In further evidence of the nature of this organization,and of the service rendered, we give the affidavits of W.W. Slone, who commanded, and of S. A. Curry, who was amember of this company, taken before the chairman ofthis Board on the 25th December, 1880:

1659

*STATE or FLoRIDA,Sumter counity.

Be it rememlbered that on this, the 25th day of Decern-lbe, -. B). 1SO, pelrsonally camte before me the nnder -

-. gnced, a Noctary P'ulbc for the State large, W;. W. Slone;.who, being duly iswoin, deposes and says as followrs, to-wit: That on or about the 27th day of January, 1S57,he organized a company of mounted volunteers, and coml-manded said company as Captain, from time to time,,until the 3rd of March, 185S. The object of the orlgamui-zation was for home protection against the Indians, be-iieving his section to be exposed to great danger. Duringthe period of the organization of his companies, frolmJanuary, 1857i, to March, 185S, said companies did ofactual field service to the extent of three months or there-abouts; that to the best of his recollection his companyconsisted of thirty or thirty-five men, who did service al-ternately in squads of fifteen to twenty-five that whennot in actual service the men were at their respectivehomies engaged in their usual vocation; that when thes;el;ic(e waas being performed it was not believed by the

len under his command that they would be paidl for thesane, and that he was surprised that fthie act for the pay-mlent of the Florida volunteers, c. approved March 8,I861, had been so construed as to cover 'such service ishis antd other similar organi-ttions in other sections ofthe St-te; that he nas indlue ces to make claim for his twosix months' telrml of service, only after being repea1tedly as;-sured by men of intelligence and reputed integrity, thatthe lawm intended to pay, not only for the ervvice actuallyperforlmeds. but for the time 'he preserved hin orgaunization,andli that upon reading the act for himself he believed itsletter if not its spirit wrould bear such interpretation.This deponent farther states that he had nothin g, to dowith the making out the pay rolls of his companies; thathe ,knew nothing of the pay allowances of an officer; thathe aplpmointed M. C. Peterson. his attorney; that he did notIknowv until this day his attorney had claimed pay for ase:rvant; that he -had no servant, and no such allowanceshould have been made. The deponent further states thattodav. for the first time. he had had access to the list ofnaLmes of persons who drew pay as members of his com-plailies. and that he finds the nlames of many who did naselrice at all, otheris Ahom hlie never heard of or saw, au1t

l()iS S. B.

1660

others he has good reason to believe were forced. Thisdeponent further states that he never bought, owned orhad any interest in the claim of any member of his com-panies, and that a most unmitigated fraud had been per-petrated upon the State by, men who claimed to be mem-bers of his companies.

Mr. W. Slone.Swvorn to and subnh-ribed before me, R. Bullock, Notary

Public, State at large.

,STATE OF FLORIDA.Sumter County.

. .,_- ( ~Thi this 25th day of December, 1880, personally ap-ji~ ' pearing before me, R. Bullock, Notary Public, S. A. Curry,

who, being sworn, says that 'he never was a member of(Captain W. W. Slone's company, and never authorized

tf 3~B. 0. Grenard to make claim for his services as such, andif there is any such claim in his name it is a forgery.

r - . S. A. CURRY.Sworn to and subscribed before me, B. Bullock, Notary

e^KJI ; Public, State at large.^^ |,~ ~ The Board are informed and believe that both Captain

p^Hf; . Slone and Mr. Curry are men of high character and indis-^^*\ ~ putable integrity; and that the facts as set forth in their.i^ ^ ~ affidavits, are true in all respects the Board have not the^^*g ~ least doubt.^^~t ~ Here then is an organization for which claims were

C^*1 ' made. and warrants issued to the amount of $75,514.10,upon the representation that it contained, officers in-

4$ Chided. 82 men, and rendered service from the 22d day of*.B~ ~ January, 1857, to the 3rd day of March, 1858, while the^^Hr° *commander of the organization swears that it contained,,^B: ~ only thirty to thirty-five men, who did service alternately^^*> ~ in squads of fifteen to twenty-five, and that in all this,^^ > ~ service amounted to "three months or thereabouts." That3^Hj ' hie had seen on the 25th day of December, 1880, for the^^*'j -first time. the list of men claiming to have belonged to his^^* j~orsanization. and that this list contains the names of^^ $ r.imanyv who did no service at all, others whom he never

heard of or saw, and others whose names he has good rea-son to believe were foiyzed; and that he was induced toB"mnake claim for his two six months terih of service onlyafter bjr.c repeatedly assured bv men of intelligence and

^^d' T~reputed integrity that the law intended not only to pay

' *'~~ 16G1

for the service actually performed, but for the time hepreserved his orgauization, "and he admits that upon"reading the act for himself he believed its letter, if not

its spirit, would bear ismuch interpretation." We can well

see how an unsuspicious man could be led astray, as well

bv the designs of others as the ill-concealed purpose of

the act. The law was adroitly drawn, and, as the Com-mission believe, with a purpose that escaped the atten-tion of the Legislature. Governor Perry in his message

to the Legislature of November 1st, 1861, says, after call

ing attention to the act of 1861: "You will see by the

report of the Comptroller, that under his act he has is-

sued warrants to the amount of one hundred and sixty-eight thousand five hundred and twenty-four dollars and

eighty-three cents, an amount far exceeding, if the Ex-

ecutive is rightly informed, the contemplation of the

General Assembly when the act was passed. The Comp-troller felt compelled by the law to issue the warrantswhen the claims were made according to the provisions of

the act. The Legislature were actuated by the noblestmotives in enacting the law, but doubtless frauds have

been committed under its provisions, and the most rigid

scrutiny, by legal enactment, is recommended." (SenateJournal, 11th Session, 1861, pages 10 and 11.)

In the same session of the Legislature a joint select

committee was appointed to investigate this matter, and

your attention is respectfully invited to the testimonytaken by this committee to be found on pages 288 to 294

inclusive (same journals), and which the Commissionbeg may be taken as a part of this report. This testi-

mony will disclose other motives on the part of the Comp-troller than simply beiri' "compelled by the law to issuethese warrants." (See Appendix.)

The Commission beg to call your attention to the fol-

lowing affidavits in regard to other organizations in this

class of service:

STATE OF FLORIDA,Marion county.

On this 28th day of December, A. D., 1880, personallyappeared A. L. Eichelberger, who being duly sworn saysthat he belonged to an organization commanded by J. L.McGahegan in the year 1856, said organization being

formed to protect the county against the Seminole In-dians who were then hostile; that said organization was

1662

without authority of law, and a neighborhood organi-zation; that said organization was preserved, as he nowremembers, about seven moiithis'; that no pay was ex-pected by the members of said organization; that he wassurprised when informed that the act approved February8th, 1861, was construed to cover such organizations, andthat he and others made claim to pay upon the idea ofconstructive service; and that very little actual servicewas done hr any of t-he mnemberis of said origanization.

A. L. EICHELBERGER.'Swvorn to and subscribed before me, R. Bullock, Notary

Public, State of Florida.

STATE 0o FLORIDA,

Leon county.On this, the 19th day of January, A. D. 1881, personally

appeared before me the undersigned, a Notary Publicfci the S-tate at large, WVIn. J. McGrath, who, being dulysworn, seays that he made claim to pay as a. member of

i f Morn's company on the W"Tithlacoochee in MarionCamitv, fr1m flie 15th-day of January, 1S56, to the 15thdta of May, 1856. That said company was a voluntaryrei-liborhuod organization, for the better protection ofimP nv'uhhc-i-lhom, that he did not expect any pay as ane litoor if s4 ria iod u poin> that not -more titan ehl't or tell

tyci;!s' Sd ¶e a havle been dlone by said company, andtha1t tihe e ii.-i,-r- of. raidj conmana y remained at homewhen-i imno olT Ic&i ag afteer Indian signs, (none of whichwas ever for' ad) pursuing their usual occuafltions. Themilemberi;s O said companly made claim to pay upon a con-

tr~ction1 mes en to.the lawsa by the autheinities thwat it wa.!spaI'ss"Red for and intended to cover such service as his com-pain had performed.

W. J. McGRATH.Sworn to before me, R. Bullock, Notary Public State

-iat large.

STATE Or FLORIDA,

*/ Leon county.

On this, the 19th day of January, 1881, personally ap-])eaored before me the undersigned, a Notary Public forthe State at large, James G. Speer, now the State Senator-for Orange county, Florida, waho, being sworn, says that

16G3

he resided in the same neighborhood with Aaron Jerniganin Ihe year 1856; that he had no knowledge of an organ-ization or company commanded 'by said Jernigan, fromthe lent of January, 1856, to 10th of March, 1856; thatsaid organization could not have existed without hisknowledge: that some years after 1856 he was approachedby WT. H. Kendrick and offered $25.00 for his claim as amember of said company; that he said to Kendrick thatif he (Kiendrick) wished to make him a present of $25.)0he would accept it, but that he had no claim and wouldnot sell any.

J. G. SPEER.Sworn to and subscribed before me, R. Bullock, Notary

Public. State at large.In addition to the affidavit of the Hon. J. C. Speed in

regard to Captain Aaron Jernigan's company the Commis-sion have before them a letter from Gen. Jesise Carter ToGovernor Broome, dated February 239th, 1856. in which liesays: "Captain Jernigan has been notified of his ap-pointment anid will present a company in a few days."This company Captain Jernigan did present, and it wasInmustered into the service of the United States on the10th of Malrch, 1S56.

It will be seen front these affidavits that all of theseorganizations were of a like nature-simply neighborhoodassociations, expecting no pay, performing little, if any,service, and entirely without authority of law. Theyvoluntarily organized and voluntarily disbanded; andthnl- could as well have claimed pay from the date of theattack on lieutenant Hlartsuff, to the date of the final re-mwxal of the Indians, as for the peifod thln- did clam it,or for any other period. All law, usage, precedent. and,indeed. wre think common seuse, discredit, and utterlyrepel the idea that the Stale (ould assume to pay suchcl-iilS ulsn these, and-if committed to their paymeit by theillegal and fraudulent acts of her officers and agents,she could. or would never make claim for re-imbursementsby the United States.

Besides the warrants issued by Comptroller Williamsin classes 1 and 2, as herein before stated, the Board findthat he paid also the following claims:

1664

B. J. Kendrick, as Medical Surgeon to the Cormpany commllanded by WT. H. Kendrick, for ser-vices from Janiary 1 to December 6, 1856.... $1,E37 59

For the same period for his servant.......... 564 73

Makiniz .................................. $,102 62The Board find from General Carter's letter book that

on the 18th of March, 1856, B. Ctarter was asi'gned toduty with . H. K lendrickl's company as assistant sur-geon. with rank of 1st Lieutenant. And further; thatin the opinion of the Board, if any such service had beenrendered the claims would have been presented to, andpaid by Colonel J. MW. Pearson.

L. A. Hardee, for subsistence and forage supplied tosixty-four men and sixty-four horses for sixteen days,while on march from Jacksonville to Ocala, between the4th and 20th of July, 1856.

With this expense the State had nothing to do. Cap-tain Hardee's company was raised under a requisitionby the United States on the Governor of Florida for vol-unteers, and under the Army Regulations of the UnitedStates, this company was entitled to twenty-five cents"for subsistence and forage for each man for every twentymiles travel, the necessary transportation, and the sol-diers per diem'" while on the march from the point whereorlgaized to the point of rendezvous, and the letter-bookof (Yreeaial Carter shows that letters and circulars wereissued to that effect.

J. 0. TDeval, "foi subsistence furnished eighteenmen of his comlllanllld for ninety-olle days, nextbefore October 24th, 189" ................... 386 92

For forage furnished eighlteen lmen of his com-miland for ninety-one days .................. 693 90

$1,880 82S. B. Toc;d, M. D., Surgeon to companies of Cap-

tainDs Sparklman and Parker, from 23d3 July,184S9, to 23ld October, 1S49-pay, subsistenceand forage ............................... $ 528 00

For two servants for same period............ 174 00For hospital stores furnished company........ 300 00For tralnsportation of stores ......... ... 15 00

$1,017 00

1665

The act .of 1861, under which these warrants were is-sued, provided for the payment of services rendered inthe "last war with the Seminole Indians," which was in1856-57. But apart from this, all accounts against theState for services or otherwise for the war of 1849 hadbeen "paid, suspended or disallowed," as the Commissionare advised and believed.

For the reasons assigned, the Commission "reject" thewarrants issued by Comptroller Williams fou these lastfour accounts.

CONCLUSION.

It will doubtless be expected that the Commission shallmake some suggestions with reference to future actionon the matters they have had under consideration.

That there was due to the volunteers designated as com-prised in. the first class compensation for services actu-ally rendered, and recognized at the time, there is nodoubt. The amount of compensation thus due can be ac-curately ascertained as soon as access can be had to themuster rolls, and it .will be, as the Board now believe,about $16,000 to $18,000. If the Legislature should de-termine to pay this, which the Board recommend as justand proper, they would make the following suggestions:

1. Let pay rolls be prepared in duplicate from dataafforded by the muster rolls of each company.

2. As soon as the pay rolls are prepared, let propernotice be given, and make it incumbent on the holder ofany warrant issued by Comptroller Williams for servicesin the respective (omnipanies, to present such, warrant, andrequire that the payee of the said wairrant, his assignee.c. legal renrpes.eintative, be identified by-the pay rull. Ifthe identification be esatisfactory, and the amount of thewarrant thus rasented shall correspond in amount withthe amount shown by the pay roll to have been due them,let the warrant be paid or endorsed as approved. If notso agreeing, let it be surrendered, and the proper amountbe paid, or another warrant issued for it.

3. Make an appropriation not to exceed $1,800.00, tobe available, (or so much thereof as may be necessary)after the pay rolls are examined, and approved by the At-torney-General, Comptroller, and Treasurer.

The third suggestion is made for the following reasons:The payment by the State if shown to be equitable and

1661;

just, wrill le reimbursed to the State by the United States,-but not until actually paid by the State.

If the approUpriation is made available at once upon theascertainment of the amount due, and the application :f

the payee or claimant, the Commission believe that itwould be acknowledged, and allowed as such paymentby the State as would bring it within the rules of the de-

_E.- ~ Q partmlents at Washington, and could be embraced in theclaims now pending before Congress.

4. Declare null and void all warrants issued by Comp--troller WTilliams in pavymuent for this class of service, un-til presented as provided in su~goestion number two, andthen to be endorsed or exchacged as therein provided,or to be absolutely void.

5o. Upon proper plroof of identity, issue warrants lo:all in Captain Lesley's company who have not alreadyreceiv-ed them.

In determining as to the result of their action in re-spect to the second class of claims for which warrantswePrvel issnlecd by Comptroller Williams, the Board respect-fully call your attention to the provisions of the actcreating the Colnmmission.

Three duties are i!nlposed upon the Commission by thatact:

1. To examine, and approve, or reject, any and all war-rants issued under said act.

To determline the status of the holder of the war-|i ~ rant, as to the warrant lie holds.

3. To ascertain and determine the validity of theoiiginal claims.

'; i j In deterliinig the validity of the original claims, theBolard have slpenllt much time in patient research, and in--- stizftimtl \nith an earnest desire to do even justce to

both State and claimlant. Tile result of their labors hasbeen g>iven, in part, in other portions of this report, andnow it remlnails for them to approve or reject these war-rianllts; and as there does not appear to the (omniiesion toh ave been anv foundation, whatever, for the claims uponwhich Conmntroller 'Wlliams issued them to these organi-zationsi emnibraced in the second class. the Board are com-pelled to, and do, reject them.

There remains, then, only the question as to the State'sliability for the acts of her auditing officer, whether il-legal and fraudulent or not, and with this question the

1667

Commissiou have no authority to deal. They would callyour attention in this connection to the action of theConvention of 1862, which- by ordinance No. 60, datedJanuary 27, 1862, repealed the act of 1861, under whichthese warrants weire issued, and susplellded the paymentof the warrants, which action of the said Convention theCommission are of the opinion was notice of "defect" insaid warrants. Respectfully submitted,

ROBERT BULLOCK,W W. K. BEARD.

APPENDIX.

Testililonj Tcaken inE Secret Session, by the Joiln.t Oomimvit-tee on, the CO))ptroller's Accounts.

S. St. George Rogers states that he, on some occasion,asked Cawlainl Abnler D. Johnson how he could passthrough the Comlptrolleir's office such claillls as those lihehad settled? To which lihe replied, thant we or T greasedhimn: that he suhclsequently conversed with WT. H. Kendrickand B. 0. G-renard. and without recollecting the remarksof either distinctly, states that from each he received thesame impression; that Captain Johnson stated that hehad. struck them for twenty-four thousand dollars; thatthe distinct impression left upon his mind, from the con-versation with each, was that a part of the amount -e-ceived was used to secure the passage of the claims, andthat such use was with State offices. Witness gathercdfrom some one of the parties named above, or from Calp-tain J. F, P. Johnson, that the parties, or some of themhad paid Mr. Galbraitl, or the Attorney-General, onethousand dollars for an opinion, which opinion was fa-vorable. WTitness was informed br Captain Robert Bul-lock. that when he came up with claims, Mr. West, theClerk of the Comptroller, after arranging the accounts,asked him (Bullock) whether there was anything to beretained out of his claims for Mr. Williams. Bullock re-plied that there was no understanding. but that if it wasusual he could take it out. But West did not retain fromhis claims.

. ..

166S

The distinct impiession left on the mind of witness wasthat the fee above stated was to the Attorney-General.

Colonel T. Ingram stated that he had conversed with aman by the name of Wheeler, who stated to witness thatsome parties in South Florida had told him that theyhad paid the Comptroller, or been charged by the Comp-troller, thirty per cent. That Mr. Sparkman had told

Ir d- , lwitness that he knew something on this subject, which hecould not communicate, but that there was more truththan poetry in what Mr. Wheeler had said.

Judee Turman swvorn.-States that he held in his pos-session claims which he knew to be honest, but had settle-irent suspended by the Comptroller because of fraudulentclaims having been presented, &c. Witness states thatMr. Williamns, the Comptroller, told him that he would be

M|»^- ~~compelled to charge him for his trouble in making out pay|)j zi~rolls and settling the claims. He thinks that two and a-|J"~ : half ner cent. was mentioned as the price for the whole

,J ^ ; ~work. The claims presented by deponent were about fif-l E,.'; r ~ teen thousand dollars. Captain W. H. Kendrick stated to,~l f 't ~ deponent that he would have no difficulty in getting his

LJJ , ~claims through if he would pay five cents. That he (Ken-Bp l ' ~drick) had been charged that amount, and the same re-

l|t~ ~marks were used to deponent by Captain J. F. P. Johnson;*i: !*~ Ithat deponent has heard thlat Captain J. F. P. Johnson,

HJ ~' ~ Mr. Grenard, and W. H1. Kendrick had collected a largeB|1; ~ amount, probably one thousand dollars. Deponent fur-

ther states that he had a small portion of the claims rep-'*I;~ * ,resented by him passed by the Comptroller, and coveredH|l , l:>~y warrants, and expectsl to pay Comptroller, but as heQI i' ~lnhs not vet withdra wn said warrants he has made no set-1;«~ tiCement. Deponent fnrt'ler states that he had left hismi 't (claim-s with the Comptroller previous to conversing with*~I:: _Kendrick. bhat he did not converse with the Comptroller;1~~ ~ on the subject of commissions until after he had conversedH, ' . vsith him (Kendriclk).f~1 ,~Jundi;e M. C. Peterson sworn, in regard to Indian war-I ~~(claims. nnder act of last session, deposes and says thatHI- ' ~~ he was agent or attorney in fact for claims under that

law, to the extent of about forty thousand dollars or up-HJ. K ~wvairds; that upon the amount here stated the Comptrollerl,|~ c ~did issue warrants, and fromnt said warrants retained twol,<|~ ~ and a half per cent. a's an amount claimed by him for>*I t~complensation, which, deponent understood him to say he

S

1669

was entitled to claim in his character of Paymaster. Thatabout the time that deponent was procuring the issue ofwarrants for the claims presented to him, he understoodthat the Comptroller procured the opinion of the Attor->ney-General in regard to the authority for suspendingthe operation of the law. The deponent further statesthat Mr. -Williams, the Comptroller, s-itated that he hadcharged these other menufive per cent., but did not namethe parties. Deponent further states that the Comp-troller stated that the treasury notes to pay i-hese war-rants would soon be issued, and if the warrants were re-turned to him he would collect them, in said treasurynotes, free from further charge.

; ~ J. Lee, sworn in regard to the claims above described,says he knows that scrip has been issued by the Comp-troller on claims having no foundation in fact. Heknows that E. M. Lee and George M. Lee have been repre-sented at the Comptroller's office as claimants for aboutone thousand and fifty-six dollars, by B. 0. Grenardwithout authority of the parties, and said parties so rep-resented decline to make a claim, having performed noservice. The name of the agent deponent derives fromthe Comptroller's books and other sources. Deponenthas knowledge of the fact that the said Grenard also rep-resented J. C. Lee, as administrator of G. M. Condrey,

| for about five hundred and twenty-eight dollars, which,deponent believes, was without foundation, and that theadministrator has never made such claim. Deponentfurther says he knows Wilson C. Williams, Judge of Pro-

* bate of Sumnter county, Florida, and that said Williamshas stated to deponent that lie had sat up one night andfilled up blank certificates of the reputability of wit-nesses, to the extent of one hundred; that said blanks werepurloined from his office. Deponent, about the 10th day

~* of May lst. heard James Stanley offer William Cassadyi two hundred dollars for his chance in William Sloan's

il ~Company; that said Cassady declined to make any tes-* tiuo-ony on the subject, and stated that lie had no place in

said Company and no claim for such service. The said, ~ Stanley, however, did pay the said Cassidy two ninety-~I one dollar scrips or warrants, and eighteen dollars in!j cash for said claim, and that said claim, nd tht aid delim1 ~cash for said claim, and that said claim has been passed

1670

by the Comptroller at about $528. Deponent furtherstates that he finds that he has himself been representedhere by one D. C. Cook, and that he drew a Comptroller'swarrant for him of two hundred and sixty-seven dollarsor thereabouts, for which the said Cook had no authority;that deponent was not in Florida at the time when suchservice is alleged to have been performed, and has no claimlto such warrant, and has never authorized said Cook orany other person to present such claim. Deponent furtherstates that Captain William Sloan has stated to him thathe had two terms of service-one company numbered

*seventy-four men and the other eighty-seven men. De-ponent has heard that one negro slave of Mrs. James Stan-ley,v naifmed Nero Goff, and one negro slave named JoeWeeks, property of James Weeks, had each drawn war-rants, btu is unable to state who represented the slavesor either of them.

Judge Peterson, recalled, says he heard a conversationbetween Enoch B. Phelp.s and MT. H. Kendrick in regardto subsislanice and forage in Janlua-y and Februarv, 1856,,in which 'Phelps insisted that if lie received anything froniCaptain Kendrick it was not more than half a bushelof corn, whichl he paid for, or intended to do so; thatdeponent collecied the scrip or Treasury warrants for themen of MV. It. Keadrick's company, for the above dle-scribed service. and that with the eŽ.eption of one ortwo casqes, he collected forage and subsistence for eachmnani. Deponent further states that he was informed bythe Comiptroller that a larger allowance had been madeto others than he had made to him; that said allowancehad been made under a different law.

Morgon Mi7ell. sworn, says that he was a member ofCaptain WV. H3. Kendrick's company-entered it whenfirstt o rganized and continued as long as it remained inthe Sltate service. The colmpany was cavalry. The com-pany Ovals entered into the State service on the 26th dayof Februarv. entered on the service on the 1st day of Jan-uary, 1851. miring that period the men furnished them-selves ith forage. and subsistence. They took a scoutabout the 26th of January, and was informed by some ofthe men the Captain purchased about $10 worth of sup-plies. Witness was a near neighbor of Captain W. H.Kendriek, and thinks he had about five hundred bushels

1671

of corn. Does not know how much fodder or bacon he had.Witness thinks that had Captain Kendrick have furnish-ed corn between the first of January and the 26th of Febrnary he would have known it, and does n:ot think hefurnished any. Deponent has never received from Cap-tain Kendrick any pay for his subsistance and foratge.Corn, at that time, was worth from one dollar to one dol-lar and twentv-five cents-the latter being the highestpaid for any corn by any State agent. Fodder was worthfrom one and a quarter to one and a half dollars perhundred. Captain Kendrick did not furnish any bacon,fodder or corn within the knowledge of this deponent.Major Peterson collected deponent's claim and the claimsof Captain Kendrick's company.

Edwin M. West was sworn. Says he has been clerk inthe Comptroller's office since the 17th December last. Inthe month of May, D. C. Cook and one Hamilton, whopresented claims purporting to belong to men who wereof Cassady's, Sloan's and other companies. The powersof attorney were signed in- writing and the decelarationwith a cross mark. These were disallowed, with the ex-ception of three which were drawnvi by Cook, one of whichproved to be a forgery. Deponent further says. WV. H.Kendrick presented a bill for corn, fodder and bacon.

~endrick. presented! claimis. for various pzartief on whiehallow.ane was claimed for subsistance and forage, andAW inch clktii.mS AWICei ea- c.eredi by t'ie Conmtr(oiler'5s warrants.Yen 'rie- filed also s claim for corn, fodder andl baoll forthe sanme p eriod, and corn, he thinks, at $2.50 per bushel.All warrants issued to him, whether for his own. el ilms orthose that he represen ted as attorney, wTere issued to himas attorney. The above relates to his first visit, on orabout the 9th of April. 1S61. On or about the 25th ofApril last, the said Kendrick, B. 0. Grenard and JamesF. P. Johnson caine up with an additional lot of claims,which were audited 'and allowTed, upon affidavits madebefore WV. C. Williams., Judge of Probate of Sumter coun-ty. which claims were allowed, except a few which wererejected becaure the said Judge was one of the witnessesand certified his own integrity. And deponent furthersays that, about the 9th of April. Ablner D. Johnson cameto the office with claims for himself and his company.properly, stated according to law which were allowed, and

1&72

-covered by warrant. The claims presented containednothing to excite suspicion of fraud. Deponent considers

]~" athat the only claims presented that were made and cer-tified according to law, were those presented by Peterson.Kendrick bargained with deponent to collect the claimsof Abner D. Johnson, and his own, for which lie agreed topay 5 per cent., but does not know of any cases in whichcharges were made by the Comptroller. Deponent furthersays, lie did ask Robert Bullock whether there was anydeduction to be made on account of commissions, but n-contract having been made, no deduction was made. De-ponent further says, that the opinion of the Attorney-General was obtained in regard to the law, and that war-rants had ben previously issued, and were subsequentlyissued. Deponent further says that Mr. Williams theComptroller, was appointed by Governor Perry as Pay-master in 1860. The deponent examined the claims ofA. D. Johnson and W. H. Kendrick, at night, and re-ported to the Comptroller, who also examined the same.That deponent has been the Clerk of the Comptroller sincethe 17th December, 1860. Thinks that M. C. Peterson hadsome warrants issued to himself for his fees. Deponentwas to have five per cent, for collecting the claims, whencollected; that the parties did not leave any warrantswith him, and that he has not received any compensa-tion. The contract was made on Saturday night of their

,i^*j ; :arrival, and their claims were not examined until Mon-day; that Kendrick sold his warrants at fifty cents onthe dollar, and has not paid over any of the proceeds,nor has he left with deponent any warrants for collection.Deponent stated that he charged the five per cent. as at-torney-at-law.

On motion, the committee adjourned to meet at 3 p. m.I P ~on Monday.

The committee met pursuant to adjournment. Present,-·*|; 'Messrs. Baldwin, Chain, Magbee, Brbome, Pooser and Cof-

fee.Colonel R. C. Williams sworn-Says A. D. Johnson

E ii1 and W. H. Kendrick were the first applicants, under thelaw of 1860, for payment of Indian war claims. Furthersays: As soon as claims were presented, he applied tothe Attorney-General for his opinion, and received said

't Bopinion to the effect that when the claims were properly

LZ

1673

certified, according to law, there was io discre tion in re-gard to issuing the warrants. Opinion dated April 29,1861. Claimants had previously applied for warrants.Does not recollect that any parties advised him to getthe opinion of the Attorney-General. Did not tell Ken-drick that he need not make the claims separate, but toldhim that he must make up forms specifying the variousarticles enumerated by the army regulations; that therewas considerable argument and controversy with claim-ants in regard to the. number of claims proved on onesheet-Comptrolleri desiring them to be separated. Theclaims as presented were legally and exactly proved andstated.

Comptroller suspended the issue of claims, because hefound out in Cassady's company that some men hadsigned claims with their cross mark and on another claimwould sign as witness with his name written out in full;that Johnson was here during the session of the Legisla-ture; may or may not have received deponent's opinion ofthe law at that time; did not tell Johnson or Kendrickthat they would save a great deal of time by combiningmany claims on one sheet. Deponent rejected many claimspresented by Mr. Turman, because he was informed thatCaptain Lesley had signed the names of many personswho were absent from the county. Few claims allowedfrom Hillsborough. Claims presented by Major Peterson,from Hernando, had each its own sheet. Persons whocame up here represented themselves some as claimantsand others attorneys. Deponent further says, the war-rants to a large extent were made payable to the partyas attorney; thinks Johnson and Kendrick took most oftheirs to themselves as attorney, but did not state forwhom they were attorney. Persons who came up as agentshad represented that they had claims for commissions andthat he, deponent, had made for them warrants for theircommissions. Deponent charged Peterson 29 per cent.;charged Turman nothing, his claims being principally re-turned to him. W. H. Kendrick he does not recollect theexact amount charged, but will furnish exact amount.Deponent charged A. D. Johnson, J. F. P. Johnson andB. 0. Gerard, but does not recollect the exact amount. Thepayment to deDonent was made in scrip in all cases, and,in the aggregate, amounted to $3,800, which has been en

1674

dorsed to deponent by other parties. He further statesthat he received his compensation as Paymaster.

Mr. Galbraith, the Attorney-General, appeared beforej|1~~ ~the commiittee. There being no judicial officer present,

he was not sworn, but stated that the report in circula-*i4 -7 7' ' tion of his having received a fee, either in his official or

professional character, from any of these parties or in regard to any of these claims, is false in every particular;that he is not even personally acquainted with the par-ties whom report says paid him the said fee.

fy~~~~- ~CHAPTER 3930-(NO. 84.)

lj ''.f .AN ACT Supplemental to an Act to Provide for the Ex-l|j~~ ~ amination and settlement of the Claims against the

l_>~~ |j 'State of Florida for Services Rendered during the lastl; '1 - Seminole Indian War. Approved March 11th, 1879.

Whereas, By an act of the Legislature of the State of*i>~~ ~ Florida entitled "An Act to Provide for the ExaminationD|'t~ * and Settlement of the Claims against the State of Flo-,-Hl.- * ~ida for ServiceS Rendered during the last Seminole Indiani I +\ W7ar." !Approved March 11th, 1879.Hj|;i ,;.. The tovernor did, in pursuance thereof, appoint threeEt CclCoimiissioners for the purposes therein set forth; andB| avxwherelas, said Commissioners, ou cou-Lnt of the death of

*||:~ ~ Col. Williami K. Beard (one of said Commissioners) inBj|4~ ' the year 1881, did not complete the work of examination 7*I; ~ and settlement as provided by said act; and whereas, itAdd ~ ~ is important to many of the citizens of this State whoH^t~ ~ have bee: for many years kept out of their just pay forit;|| ~ 'services rendered in said Indian war.*l^~ ~ ~Be it enacted by the Legislature of the State of Florida:'jj^~ ~ Section 1. That the Governor be empowered to appoint;*|| ' :three suitable persons to act as Commissioners to exam-5HJ m! ine and settle said claims, as provided in sections one,p twa, three and four of said act. And said Commission-^*Jt~ ~ ers shall be authorized to take possession of all warrants,K1

t~ ~ accounts and other papers left by the late W. K. Beard,pertaining to said war claims, for the purpose of carryingout the provisions of said act.

Sec. 2. That said Commissioners shall receive such corn

167T h. .--

pensation for their services as may be allowed by the-Governor, as reasonable and just, to be paid upon ac-counts approved by him.

Sec. 3. That when said Commissioners shall examineand approve any warrant or claim as provided for in saidact, they shall deposit the same in the Comptroller's officewith an endorsement thereon to that effect.

Sec. 4. When the claim of the State of Florida againstthe United States for and on account of expenditures insaid Indian war shall be settled and paid over to the StateTreasurer, the Comptroller shall draw his warrant on saidTreasurer to pay such claims as have been examined andapproved, and so endorsed and filed with him by saidCommissioners with the same rate of interest as theUnited States Government shall allow the State in thesettlement of its claims.

Sec. 5. That the sum of one thousand dollars, or somuch thereof as may be necessary is hereby appropriatedto pay said Commissioners for their services, upon ac-counts approved by the Governor.

Approved June 3, 1889.State of Florida, Executive Department,

Tallahassee, May 15, 1891.Gentlemen of the Legislature:

I have the honor to transmit herewith for your con-sideration the report which has just come to me of thecommissioners appointed under the act approved June3, 1889, entitled "an act supplemental to an act for theexamination and settlement of the claims against theState of Florida for services rendered during the lastSelminole Indian war, approved March 11, 1879."

There is a vacancy on the board which has not yet beenfilled.

The board appointed in pursuance of the said act wasfor the purpose of completing the work of examinationand settlement of the claims which was left unfinishedby the board appointed under the act of March 11, 1879.a report of whose work is found.in the House Journals of1881, commencing on page 291.

The report of the present board suggests the questionas to whether or not the adoption of an ordinance, July27, 1862 by the people in convention assembled, which in

107 S. B.

1676

terms repealed the act of February 8, 1861, under whichiwvarrants were issued for such alleged claims against the

F"^;~ ~ State and suspended the payment thereof, could be set;> - o~.aside by the act of the Legislature of 1879 and the act- X~o~~'lf 1881 supplementary thereto so as to authorize the pay-_^^TOI. - m~~ient of any of said warrants.^^MBLE ~ ~ The said ordinance is in the following words:

X "Be ordained by the people of the State of Florida incouvenition assembled: That the act of the general as-sembly, approved'February 8, 1861, and entitled 'an actto provide for the payment of the Florida volunteers andothers who have not been paid for services actually ren-dered the State of Florida in the last war with the Semi-

r7 .4 f a W^^ nole Indians,' be and the same is hereby repealed, and the

I j ' payments of all warrants issued by the Comptroller underl~ tg~~ 'Ithe said act be suspended."

~t ;; ~Such ordinance was declared to be permanent by the|~| |l ~ convention assembled. I am not aware of the repeal or

abrogation of this ordinance by any subsequent conven-tion of the people, and it appears to me that it has contin-ued to be -a part of the fundamental law of the State

1 'w ~ which could n',t be nullified by legislative action. I sub-mit this question for your consideration in connection

^^*~ ; -with the question as to the propriety of further legisla-

AH ! tion on the subject.I '> ; ~I would invite your attention to the report of the con-

;^B^ ^ ferred to which was made after much investigation..^ ~ rI ~ If, after investigating the matter, you consider that

;*1' claims based upon the warrants issued under the act ofFebruary 8, 1861, may still be paid, I invite your specialattention to the defects of existing statutes as pointed out

; i; -by the report herewith submitted, and recommend suchfurther legislation as may be necessary to secure same assuggested by the commissioners.

A. e FRANCIS P. FLEMING.

K '| 4'To His Excellency, Francis P. Fleming, Governor ofFlorida:

^^H 1 ; 0Dear Sir-The undersigned, who were appointed com-^^Bt ~ missioners to complete the work of Messrs. Bullock,X^H ; ~ Beard and Brown, commissioners appointed under the

^_p ~~-act of 1879 to settle the Indian war claims allowed in'}^B~ ~ Comptroller's warrants under the act of 1861, beg leave

1677

to communicate to your Excellency the following mattersfor consideration:

We find many difficulties in the way of properly serving"the State and those interested in these claims. The actof 1879, in the first place, proceeds upon the suppositionthat the original act of 1861 was still in force, and thatthe claims comprehended therein were still valid andsubsisting against the State. And likewise does the act.of 1889. Whereas an ordinance No. 60 of the Constitu-tion of 1861 repealed said act and suspended all paymentsof claims thereunder. During the same convention, toemphasize the said repealing ordinance, another ordi-nance, No. 63, was passed, which set forth what ordi-nances passed thereat should be temporary and whatshould be permanent in their nature, and the said ordi-nance No. 60 was put in the class of permanent legisla-tion. When one has read all the contemporaneous lawand history of these claims it is quite apparent that the.convention of 1861 had come to the conclusion that to sep-arate the just from the unjust claims allowed by Comp-troller R. C. Williams, under the act of 1861, was evenat that time not so remote from the time when theseclaims originated, a work almost impossible of perform-ance. Nearly twenty years afterwards the Legislatureagain provides for an investigation of these claims thatit is obvious had been repudiated by the said Constitu-tional Convention. And here the serious question thatmay arise in the closing up of the settlements both by theState and the United States, that is, whether or not theConstitutional Convention's ordinance repudiating theseclaims was, or could be set aside by the act of 1879, pre-sents itself. Inasmuch then, as , a settlement of thisquestion must be made some time, it appears to us wisethat it should be settled now before the present commis&sioners newly appointed should proceed to complete thework in hand.

Your commissioners further represent that anotherquestion arises as to the validity of the act of 1879. Thatstatute embraces twc distinct subjects of legislation, i. c.,the appointment of commissioners to examine and reportupon the Comptroller's warrants issued under the actof 1861, and the appointment of a commissioner to go topA

WC

1678

W'ashinaton to adjust the claims of the State of Floridaagiain.it the Unitej States. This, in the opinion of yourcommissioners, inalts unconstitutional the act of 1879.

Your conmmissioners further represent that even if theacts of 1879 and 1889 are valid they nevertheless do notip.rovide futlly and clearly for tihe purposes of their enact-mnent. and we mention the following particulars whereinwe think they should be amended:

First. Act of 1879 Lmits not time in which claims shouldbe filed Nvith the commission, and in which the commlis-sioners :ilould final'y report. We advise an amendment-now" givintg six nonlhs time in which all claims under thestatute shall be filed, and that none shall be received afterthat timie by the commission, and that the commissionshall make its final report eighteen months after the dateof such amiendnp-nt.

Secondiy. The stalute of 1879 while clearly casting sus-picion upon all the warrants of the Comptroller, does not'set forth for what cause any warrant shall be rejected.The inference that warrants should be rejected whenholders fail to show the "validity of the original claim"should bL- in the shape of positive law and not handicap-ped b)y other requirements at the hands of the holderswhlich0 virtually dcestroy the requirement to show the

i vavliditv of the origi-nal clai m.Thirdly. TLe act of 1879 does not authorize the Coin-

mission t-o administer oaths, to subpoena witnesses andrequire their presence and the production of papers,without wfhich the duties of the Commissioners can be batimperfectly perfofmed.

1 ] 1. ' FourthlIy. The legislature should declare whrat com-pensation the commissioners shall be entitled to in serv-

aing under said commission.In connection to these matters we refer to the report

of the first commissioners, under said act of 1879, Messrs.Bullock. Beard and Bromn, wherein they.reject all war-rants of a certain class pretended to have been issued un-der the act of 1861. W"e consider that with these war-rants when identified, these commissioners have nothingto do. Those warrants are finally disposed of. It isonly the warrants to the amount of $18,000 that yourcommissioners will have to deal if the report just men-

1679

tioned should be in line with further legislation disclos-ing what class of warrants shall be held fraudulentand not to be paid.

We think it advisable that the whole matter as it nowstands should be brought to the attention of the legisla-ture now in session for such action in the premises as itmay think is expedient.

We think it advisable that the commissioners shouldbe authorized to obtain from the authorities at Washing-ton certain papers, muster rolls, etc., in connection withthe subject-matter of their duties as they will need in set-tling these claims, and if need be that they can send oneof their number to the City of Washington for that pur-pose.

Respectfully submitted,GEO. W. WALKER,

Chairman.JNO. G. REARDON,

Tallahassee, Fla., May 12th, 1891.Which was read, ordered spread upon the Journal and

referred to the Judiciary Commrittee.

CHAPTER 4428--(No. 107.)

AN ACT Authorizing and Empowering the State Treas-m rer to receive from the Commissioners Appointed un-der Chapter 3930, Laws of 1889, to Examine and SettleClaims against the State of Florida, for Services ren-dered During the last Seminole Indian War, all War-rants and Papers Relative to the Subject Matter of SaidAct; and to Receipt to said Commissioners Thereforand to hold the same Subject to Future Legislationor to Deliver the Same to Owners Thereof.

l Whereas, Under the act of the Legislature of the Stateof Florida, approved June 3rd, 1889, entitled an act sup-plemental to an act to provide for the examination andsettlement of the claims against the State of Florida,for services rendered during the last Seminole IndianWrar, approved March 11th, 1879, there were appointedby the Governor of the State, commissioners to performthe duties by said act required: . And Whereas, Saidcommissioners reported their proceedings thereunder andtheir views thereupon, to his Excellency, Francis P. Flem-ing, the then Governor of the State, which said report and

1680

I . /the communication of the Governor thereon, to the Legis-lature, appears in the Journals of the Senate for 1891,on pages 472, 473, 474, 475 and in the Journals of theHouse of Representatives samue year, on pages (647, 648,6G49, 650U, according to which said report will be seenthe impracticability under existing legislation of the ac-

H.. 1 ' ~ couiplishing of any definite result by said commissionersrelative to the, subject matter of said act: And Whereas,Under said act, a large number of warrants in said actmentioned came in possession of said commissioners,which upon their face represent a large amount of money,necessitating the renting of said commissioners of somesecure place in which to keep them: And Whereas, Thecommissioners desire to and should be relieved from the

n f T]: payment of said rent or from the necessity of asking theIf :f ~ State to pay the same, as there is not any time men-l ;1 -. tioned under the present laws for the final disposing ofi l|| **said warrants: And whereas, The State should through| i :* ~ some of its officers keep said warrants at and in some

1| ': ' secure place free of cost to the State; therefore5 Hi- :,Be it Enacted by the Legislature of the State of Florida:

1*: Section 1. That the State Treasurer is hereby empow-:B I . ~ ered and directed within thirty days after the passage

we1 * and approval thereof, or as soon thereafter as may be,:^1| . to receive from said commissioners all papers and war-

rants in their possession relative to the subject matter of.B '~ the act aforesaiid, and that it shall be the duty of said

,K 'If; treasurer to give to the said commissioners an itemizedV1 ? receipt for all of said warrants and papers delivered tol^ '*' hilli by the said commissioners and to deposit and keep.H| ~ the samne -subject to future legislation; Provided, hlow-

^H ': ~ ergr, That said treasurer may deliver any warrant or

HR ; lvvi'arrants to the owner thereof or to his or her legally au-fHj .; *thorized agent or attorney, upon their giving to him af'H i I ~ proper itemized receipt therefor.A:|<L i Sec. 2. This act shall take effect upon its passage and

^^K ' approval bv the Governor.1Atp; loved May 31, 1895.

HHi SkTORY OF THE FLORIDA INDIAN WAR CLAIM.

ITn order that the public may understand the nature ofSi =--- ~the expenditures made by the State and the dates thereof,

,^~ ~ upon which is based the Indian War Claim recently or-

1681

dered settled by an act of Congress, the report of theclaim as established in 1889, together with the act ofCongress, is here given in full.

REPORT ON FLORIDA INDIAN WAR CLAIM:

House of Representatives, Fifty-first Congress, First*i ~ Session, Executive Document, No. 68.

Account Between the General Government and the Stateof Florida. Letter from the Secretary of the Treasury,Transmitting with Accompanying Papers the Reportof the Third Auditor of the Treasury upon the MutualDemands of 'the State of Florida and the United States

December 18, 1889-Referred to the Committee on Appro.-priations and Ordered to be Printed.Treasury Department, Dec. 16, 1889.-Sir: In compli-

ance with section 5 of the deficiency act of March 2, 1889(25 Stat., p. 939)-

That the Secretary of the'Treasury be, and he is here-by, authorized and directed to examine the claim of theState of Florida, reported in the letter of the Secretary ofWar, dated May 22, 1882, and under previous acts of Con-gress, and to make a report upon the same to the next reg-

~t ular session of Congress, and in connection therewith to~I report the amount of all claims in favor of the general

Government against the State of Florida, and in said re-port to state the account between the general Govern-ment and the State of Florida. I have the honor to trans-mit herewith the report of the Third Auditor of the Treas--ury of the 14th instant, with accompanying papers, uponthe mutual demands of the State and the United States.

Respectfully yours,GEO. S. BATCHELLEE,

Acting Secretary.

The Speaker of the House of Representatives.Treasury Department, Third Auditor's Office,-Washing-

ton, D. C., Dec. 14, 1889.-Sir: The deficiency act of March2, 1889, section 5, provided: That the Secretary of theTreasury be, and is hereby, authorized and directed toexamine the claim of the State of Florida reported in theletter of the Secretary of War, dated May 22, 1882, andunder previous acts of Congress, to make report of thesame to the next regular session of Congress, and in con-

1682

nection therewith to report the amount of all claims infavor of the general Government against the State of Flor-ida, and in said report to state thle account between thegeneral Government and the State of Florida.

Under date of March 26, 1889, you instructed the ThirdAuditor to prepare a report in accordance with said provi-sion.

The State advances two claims under this provision,viz:

First-The claim specifically referred to in the act asreported in the letter of the Secretary of War, May 22,1882. This claim is for the reimbursement of certain ex-penses incurred by the State in suppressing Indian hos-tilities between December 1, 1855, and Janiary 1, 1860,$268,103.40 (vide joint resolution of March 3, 1881;also report by Secretary of War, in House Ex. Doc. No.203, Forty-seventh Congress, first session.)

Se ,cond-Sundry expenses for similar purposes, incur-red in 1849, but not paid by the State until 1859, $21.685.-72. In making the report above referred to, the Secretaryof War excluded these items because the joint resolutionunder which he a-as acting was limited to expenses incur-red between December 1, 1855, and January 1, 1860. Butthe act of 1889 requires a report upon any now unsettledc laims by the State. -

On tie claim originating in the years 1855-59(vide detailed statement) I find an expen-diture proven in the sum of.............. $246,426 51

-Deduct amount realized by the State by salesof miilitary stores (Ex. III)............ 1,405 65

$245,020 86Tnl tl e items of expenses in 1849 (paid by the

tState in 1859) I. find an expenditure prov-ien (vide detailed statement) in the sum1.................................... 16,913 45

-Aggregate .............................. $261,934 31

Offsets-Demands Against the State.-In reply to theinquiry addressed to you by this office April 10, 1889, youhave transmitted resplonses by the departments and bu-reaus resplecting the existence of any such demands.Only two are reported, viz:

First-The Conmptroller states that a balance of $72,756,-

1683

41 stands against the State on account of "direct tax"under act August 5,1861. In the case of the United Statesvs. Louisiana (122 U. S. Rep., 32) the Supreme Court de-cided that the apportionment of the tax ($20,000,000)among the States was merely descriptive of the aggregateto be assessed upon lands of individuals within eachState; that the act contemplated, in the first instance,that the United States would, by its own direct processes,collect the tax upon each parcel of land from the parcel it-self, and that such aggregate constituted no debt of theState in its corporate capacity, unless the State had, asin some instances, specially assumed it.

As Florida did not assume the aggregate assessed uponthe lands within its boundaries, I presume Congress willnot regard the balance above mentioned as a debt of theState, or treat it as an offset to a demand due to theState.

Second-The Secretary of the Intperior reports that theUnited States holds, as assets of its "Indian trust fund,"'bonds of the State in the sum of $132,000, bearing 7 percent interest; that the interest to July 1, 1862, was paid bythe State, and that, since the suspension of the interestpayments by it, the Interior Department has from timeto time applied to the interest sundry accounts falling dueto the State on sundry accounts. And thus it appearsthat at this date the interest has been paid to include No-vember 26, 1873.

Note.-This computation includes the 5 percent, due the State on sale of UnitedStates Swamp Lands, as shown in the settle-ment of the accounts of the United States Land Office atGainesville, Fla., covering the fiscal year 1888-89. Suchpercentages due the State are liable to appear in the fu-ture settlements of the land office accounts.

The question now arises in respect to interest upon thedemands of the State. If this were a case wherein theaIccorlting officers had been directed to make a final set-tlemient, I would be compelled to say that the ExecutiveDepartments have no power to award interest upon claimsagainst the United States unless expressly so providedbv statute. But this proceeding is not of that nature. Con-gress has reserved to itself the determination what shallbe the plan and terms of the general and final settlementletween the United States and the State, and has merely

1.684

called upon this department to aid its deliberations, by ex-amining into the details of any mutual demands, and bysuggesting some equitable mode of settlement.

In the debate upon this provision in the act of March 2.1889, it was assumed in the Senate that mutual interestwould be the rule in the final adjustment, and the general

a_ ,..tenor of the provision for a final settlement of all mutualdemands seems to indicate that Congress intends eventual-ly to make or provide for a settlement upon the broad andequitable principles applicable to settlements between in-dividuals of their mutual accounts and demands.

It is not clear in what precise sum the funds of these ex-penditures were provided by loans effected upon interest.It is, however, evident that the amount borrowed upon 7per cent. bonds and thus applied went much beyond the

;' ~ $132,000 procured from the United States; and it is highly- ; probable that the entire bulk of the funds for these expen-

ditures was borrowed upon interest.,'~ -S|It also appears that the State was compelled to put its

bonds (except those sold to the United States) on the mar-ket at a heavy discount.

It would be impossible to fix with strict precision upon; :, ~any equated date from which an aggregate due the State

* .. :' should draw interest. The payments by the State werein a vast number of small sums, scattered through the pe-riod 1855-59, and the exact day of payment in many casesis not known; also the exact dates at which the State

: ._~ eieffected loans or sold bonds (except those sold to the Unit-i'; eed States) are not known. The two purchases by the;" ~ United States were about mlidway of this period, viz:

$125,(000, July 1, 1357, and ?$7,000, January 1, 1858.A-i Yo~Under the ciPCulflStfll(e;, absolute precision being im-

possible, I have assumed tlhat January 1, 1858, would be§j~ ~ fair to each party as a date to whichl to reckon interest

on the a;mount due to the State.> ^~j ~ Upon the basis above stated two modes of stating a mu-

tual account are suggested, viz:First-By computing interest on each side to January

1, 13390, and there striking a balance, thus:Aggregate due tie State ................... $26 L,934: 31Interest tlhereon at 7 per cent, Jan. 1, 1858, to

Jan. 1, 1.971 ............................ 580,732 85

b -; -fl-" $848,667 n

IOr . _________

1685

Principal of bonds held by UnitedStates ...................... $132,000 00

Interest from Nov. 27, 1873 (towhich date interest has beenpaid), to Jan. 1, 1890......... 148,712 66

4,;~~~~~~ . ~~~~$280,712 66

Balance.............................. $567,954 50Second-By computing interest on the aggregate due

the State to include November 26, 1873 (to which date in-elusive the interest on the bonds held by the United Stateshas been paid), and striking a balance as of that date, viz:Principal due State ...................... $261,934 31Interest, at 7 per cent, Jan. 1, 1858,

to Nov. 26, 1873, inclusive.... $291,634 74Deduct bonds held by United

States ...................... 132,000 00

Leaving balance due as interest........ $159,634 74

$421,569 05' ~ If Congress deems proper to allow interest on the prin-

cipal ($261,934.31) from Nov. 27,1873, to January 1, 1890,the interest at 7 per cent, would be $295,098.10: or, at 6per cent, $252,941.23.

'4 ~In any final settlement which may apply and thus liqui-date the bonds held by the United States, it would be advi-

i sable that thle act of Congress make express provision forthe surrender of the bonds and coupons to the State.

Detailed statements of the two claims follow.Very respectfully,

W. H. HART, Auditor.Hon. William Windom, Secretary of the Treasury.

CLAIM FOR EXPENSES IN 1855-59-DETAILED,F~~ ~STATEMENT.

(Vide House Reports, Ex. Doe. 203, First Session Forty-Seventh Congress.)

By act of August 30, 1856 (11 Stat., 150), an appropri-ation of $240,667.42 was made for pay and supplies ofmounted and foot companies of Florida volunteers; and byact of June 30, 1859 (11 Stat., 429), an appropriation of$413,600 was inade for pay of certain Florida volunteers

1686

in 1S57-5. The accounts of the United States paymas-ters and quartermasters, by whom these two appropria-tions were disbursed, show that their payments were ex-clusively for the periods after the muster of volunteersinto the United States service. This claim by the Stateis confined to the period prior to such muster and to payand expenses of troops never so mustered, and was not em-braced to any extent in those disbursements.

The report of the Secretary of 'ar upon this claim wasin great detail, and is printed in executive document abovereferred to. To avoid need less recapitulation I have takenthat report as my basis, examining the items in the orderthelein observed, and specially commenting only upon afew, in respect to which I differ from the conclusions of

Fj ~ the TWar Department.Voucher No. 2. Abstract A.-F. M. Durance's Company.

(Page 6 and Exhibit No. 19, page 30.)The W'ar DeIlartlnent esxcluded the service of Second

tW j Lientenant Alderman Carlton because the officer's namei .''tdid not appear on the muster roll. Fi. M. nurance, the

calptiinl of the coniltaln, in a report to General Jesse Car-t ~ ~ ' ter on June 14, 1856 (vidcle Journals General Assembly, 1~S5G1856 Indian Affairs. page 20,) mentions the services of+: f T~~Lientenant Canrlton. and the lkilling of this officer by In-.i' cldiawsl on that dal-. Tl'e olnission to report him no doubt~: '· 'nlaose fromn the fact that the muster roll wmas not made up

until after Auorgt 22. 1S56. At this date Joseph Howellwlas Second Lieutenant of the company, he having beenelected on June 20, 1S56. to succeed Lieutenant Carlton.The evidence of service is satisfactory; I therefore allow

. thtle item of $410.49.Clailaed by the State for this company ...... 15,794 91

.*~ ~ I disallow- for reasons stated-in WInr Depart-ment report ............................ 378 70

I allo ................................... $15,416 21Yourller Ko. 10. Abstr:act A.-A. J. T. WMright's Colmpanyi.

(Page 6 and Eliilhit No. 27, page 52.)Included in the disallowanlces was an item of $105.45 in

the paynlent to Jamles S. Turner, for the reason thatTurner, receipted for the entire term, whereas the musterroll shows that after June 3, 1856, Elisha. Gibson servedlas Turner's substitute.

It?

The fact may have been that the substitute received hisportion either from the paymaster or from Turner, and itmay have been arranged between them that Turner shouldreceipt for the whole sum and then compensate Gibson.At all events, the service was performed, and the Statehas paid for it. If Gibson is now entitled to anything hisclaim would be against the State. The United States isnot interested in the question. I therefore allow this item.Claimed by the State for this company ........ 9,677 71I disallow for reasons stated in the War Depait-

m ent report .............................. 100 75

I allow ..................................... $9,566 96Voucher No. 21. Abstract A.-John McNeill's Company.

(Page 7.)The War Department excluded the amount claimed as

paynient to this company, because the State is not nowable to produce the rolls, which have been lost.

There is no doubt of the company's service; also thatCaptain Pearson paid it, and that his account for suchpayment was duly rendered to the State and underwentprecisely the same process of auditing with the accountsfor the nayment of the other companies. It must be pre-sumned that Captain Pearson paid this company in ac-cordalnce with the same rules and scale of prices appliedto toi ot' e companDies.

In the absence of precise information, it is reasonableto suppose that about the same percentage of errorswould now vbe found in the rolls of this company, if theycould be produced, which were found in the others.Claimed by the State for this company........ $3,303 06I disallow 2 per cent .......................... 66 06

I allow for reasons above stated............. $3,237 00Voucher No. 22. Abstract A.-Sirneon Sparkman's Com-

pany. (Page 7.)The same remarks apply to this expenditure as are

noted in regard to voucher No. 21.Claimed by the State for this company ..... $2,967 31I disallow 2 per cent........................ 59 35

I allow for reasons above stated.............. $2,907 96

1688

Voucher No. 26 1-2. Abstract A.-Field and Staff Roll.(Page 7 and Exhibit No. 39, Page 75.)The War Department excepted to the amount paid to

M. Whit Smith as salary, $1,075.40, on the ground that hewas not an officer of a regiment, there being no regimental

_ , -""' organizations.The lavw contemplates the allowance to Florida for rea-

sonable and legitimate expenses of keeping the force in ac-tive service. There were eighteen companies, scattered indifferent localities. For the duties of supplying these com-panies in all respects the State paid five persons, viz:Jesse Carter (designated as special agent, but in fact dis-charging the duties of a quartermaster-general and conm-

l^ 7 ";~ missary-general), M. Whit Smith, commissioned by thei , :; ~Governor (vide Journal, 1856) and acting as quaiterimas-

. ~; ~ ter and commissary, and three minor officers. This doesl , :;. not seem an over-proportion to the duties, and not in ex-

[ K '; cess of the provision which would be made for the sameHe ' number of companies in the United States service when

< '''.* ~ widely scattered. The War Department took no excep-j |' ' tion to the compensation paid Jesse Carter, although it

A -was not upon any scale of any grade in the United StatesCl;~ ~ army, he having been paid a salary as agent, with cornm-I : . ~ ~ missions on disbursements, and reimbursement of officeI-] ~and traveling expenses. If the objections taken in

Smith's case were good, they would seem to apply with,i~ ~ equal force in Carter's case.

I hold that the State should be allowed this item-as'| ~ computed by the War Department, $1,075.40. For reasons

''I~ ~ above stated I also allow items $833, $367.50, and $87.33.Claimed by the State on this roll ............ $12,341.49I disallow for reasons stated in War Department

report .......... ...... ................. 2,202.89

LU]-'J I allow ..... . ......................... $10,138 60Abstract B.-Subsistence. (Page 8, and Exhibit No. 42,

Page 77.)On this abstract the Commissary-General recommended

disallowances aggregating $17,775.13 1-2, but the Judge-Advocate (with approval of the Secretary of War) disal-lowed only items as follows:

A A*

Vouchers missing ......................... $ 2,614 794Voucher Not receipted.................... 11,575 59jVouchers unauthorized expenditures ....... 1,755 13

Total .......... ...... ................ 15,945 511The amount stated as $11,575.59j is in fact only

$9,434.90. The item of $2,140.69 (E. G. Rogers & Co.,) andwhich was made to swell this amount, has no existence.There was no such item on the State's voucher, No. 53(N.o. 1, miscellaneous). Hence so much of this amount($11,575.59) was without any other foundation than someclerical mistake. Referring to the residue ($9,434.90) insaid amount, and also to the bill of $2,120.56 (E. G. Rog-ers & Co.), included in the sum of $2,614.794 above. Iconsider that these items should be allowed. There is noroom for doubt in any case that the supplies had beenactually purchased by and delivered to the State, and hadbeen used by the State in subsisting troops. On all thesepoints the evidence is clear. The presumption of paymentis so strong that I do not feel justified in excluding theitems because technical receipts are not produced. Except-ing about $50 in small items the two amounts representpurchases in large quanities by the State officers on ac-count of the State, from two firms in New Orleans, viz:Post & Mel, and E. G. Rogers & Co. The presumption Isvery strong that these merchants did not neglect to askand receive payment of these large bills. The purchasingofficers duly rendered their accounts to the State, andthese items were included therein as bills which had beenpaid. Indeed, in one case (voucher 49) it clearly appearsthat the State commissary had drawn $2,000 from, theGovernor and had sent it in advance to Post & Mel tomake purchases.

Where, as in this case, the United States is liable onlyt- the State, and in no event to the vendors, there is nooccasion for extreme strictness in insisting on the pro-duction of technical and formal evidence of the dischargeof the debts. It is sufficient that presumption puts it be-yond reasonable doubt that the State did actually paythose from whom it made the purchases. I therefore al-low the items $11,575.59 and $2,120.56.

Claimned by- thie State on this abstract........ $23,4T74 90Errors in voucher1s to be added.............. 361 54

Correct iotal of abstract .................... 23,S36 44I disallow. for lreasolns stated in WVar Department

report .................. ............... 2,249 37

I allow .... ........................... $21,57 07Abstract C.-Forae. (Page 9, and Exhibit No. 45, Page

83.)On this abstract are four items, $636.85, $641.72, $324,

and $350.12, for purchases of forage from Post & Mel, andE. G. Rogers & Co. These items were embraced in the samebill with the items folr subsistence bought from them I(see

"r" .~Abstract B), and tLe remarks above made respecting thesubsistence items apply here. I allow these items, amount-

I F, jf :;ing to $952.69. I also allow sundry items, $3, $19.09,::F 9:$11.66, $19.12, $23.91, and $23.91, aggregating $100;69,I ii ~for which there are no formal receipts, but where the

evidence of purchase and use by the State is substantial.In the total allowed by the War Department on the for-

age abstriact -was included an item of $4,293.52, paid to A.L. Calrutlers forl corin and fodder for Capt. H. D. Dyche'scompany, in the leliiod froi July 22, 1849, to Octohcr 27,1849.

Ti0e- aIlklowane was doubtless llacde thrillgh overlsighlt.i'vofi:'ull v thle fa;t of tle jnnlient beillng made in Octoberl.iS59, mlisled the examiner into a supposition thlat these\rvice vIas in 1S59, whereas it wvas ten years earlier. TlheaIf of Mrc l h :3, 1881, lelltes antl- to exl)enditllres incidentto thile :.;l:essiol oi Incldian hostilities betwieen Decetla-her 1, 1So5, and Januarly 1,- 1860. I excludle the amount

g-: . here, and consider it in the separate claim for expendi-tuies in 18-4>9.

2-

1691 -

Ciaimed by the State on this abstract........ $42,279 52'Errors in vouchers to be added .............. 56 t00

$42,335 SWErrors in vouchers to be deducted........... 30 930

$42,304 GŽItems of 1S849 expenditures deducted........ 4,293 5 2

$38,011 10I disallow for reasons stated in War Depart-

ment report ...... ; . ................... 5,581 50

I allow .................................. $32,429 6i0Abstract G.-Ordnance. (Page 10, and Exhibit No. 49,

Page 94.)I consider that items $156.50 and $163.40 (vouchers 21

and 61), purchases of Post & Mel, and E. G. Rogers & Co-,should be allowed. The evidence is substantial that theState bought, received, and paid for the ordnance-Claimed by the State on this abstract........ $ 808 42I clisallow for reasons stated in War Depart-

ment report .......................... 300 63

I alow ...... ............................ $ 507 80Abstract 1.-Contingencies. (Page 10, and Exhibit No.

45? Page S9.)Item of $310.75, which it is claimed vwas paid by Gerf-

eral Jesse Carter. The bill of lading is not intelligible.fn the body thereof the items are stated, and aggregate$:10.75. but in the heading: it is recited that the entirefl-eight (to be paid by General Carter )is $190.23; also irna note thereon the master of the boat was directed by Post& Mel (the shippers) to collect the $190.23 from GeneralCarter. -or, if he failed to pay that sum, to reserve certainparts of the cargo for sale to pay isaid freight. As theevidence stands, it does rot seemil that Carter rail mlorethan. $190.23, and I allow only that sum. I also allowitems $65.36, $122.07, $1.65,$289.E0, and $177.97 of item$198.10 ($20.13 having been allowed in subsistence ac-count. Abstract B). The evidence is fully satisfactorythat Post & Mel and E. G. Rogers & Co. sold the goods tothe State, shipped them to Florida; and were reimbursedby the State the freight thereon.

108 S. B.

1692

Ciainted by the State on this abstract.4$10,332 8iI disallow for reasons stated in War Depart-

ment report ............................ 470 25

1 allow .......... ............ ....... $ 9,862 59Abstract I.-Statiouerv. (Page 10, and Exhibit No.. 45,

Page 90.)For reasons stated respecting subsistence (Abstract B),

items$44.10 and $50 are allowed.Claimed by the State on this abstract........* 111 11

:1 disallow for reasons stated in War Depart-ment report ......... 6... ... .......... 6 91

I aflow ............................... .$ 104 20

4 -

~S i

i i

EXHIBlT I.

Summary of Third Auditor's allowances for "pay of troops" from D)ecember 1, 1855, to January 1,1S60). (Abstract A.)

No. of Period of service. Amt. al- Amt. dis-Company. roll. From- To- Claim. lowed. allowed.

IV. B. Hooker......... 1 Jan. 3, 1856, Feb. 21, 1856.. $ 4,809 57 $ 4,557 01 $ 252 5iF. M. I)Durance ......... 2 Feb, 21, 1856, Aug. 22, 1856..' 15,794 91 15,416 21 378 70F. M. IDurance........ 3 Aug, 22, 1856, Dec. 21, 1856.. 9,693 00 9,567 92 125 OSWIilliam H. Iendrick.. 4 Feb. 26, 1856, Aug. 28, 1856.. 16,277 99 16,158 46 119 53W illiam H. Kendrick.. 5 Aug. 28, 1856, Dec. 6, 1856.. 8,906 50 8,832 11 74 39 A. I). Johnson ........ 6 Feb. 26, 1856, Sept. 2, 1856.. 16,739 85 16,49 66 2S0 ) MA. D. Johnsou ........ 7 Sept. 2, 1856, IDec. 20, 1856.: 8,833 93 8,706 46 127 47 wLerov G. Leslie ....... 8 Mar. 12, 1856, Aug. 20, 1856.. 14,108 34 13,740 34 368 04A. J. T. WTright ...... 9 Apr. 28, 1856, Mav 17. 1856.. 574 6S 544 49 30 19A. J. T. Wright...... 10 May 18, 1856, Aug. 1, 1856:. 9,667 71 9,566 96 100 75Jchn McNeill ........ 11 May 15, 1856, Aug. 12, 1856.. 2,059 45 2,004 (15 55 40Asa A. Stewart ....... 12 May 18, 1856, Sept 30, 1856.. 11,510 89 11,492 31 1S 5SVobert Youngblood .. 13 May 18, 1856, Sept 30, 18S6.. 5,804 18 5,G698S 05 106 13lEnoch Daniel ........ 14 May 30, 1856, July 20, 1856.. 1,994,82 1,9S1 85 12 97Yim. B. Hardee...... 15 June 1, 1856, June 29, 1856.. 180 14 179 04 1 10

lexander Bell ....... 16 Junc 24, 1856, Sept 30, 1856.. 3,526 '62 3,411 61 115 01Thomas Hughey ...... 17 Aug. 18, 1856, Sept 30, 1856.. 784 40 781 02 3 381. T. Kendrick ........ 18 Oct. 23, 1856, Jan. 14, 1857.. 3,243 36 3,199 16 44 20

E 7 T ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~. ...

EXHIBIT 1- (Co tznuted).

No. of Period of service. Amt. afl Anit.ds( ompnjnm io1,0 From- To- Claim. lowed. alien ed.

John Addison ..... 19 Api r. 18• 0S6 Ot. iSA1J 10,232 43 10,232 43 ...John Pake ........ 2(1 Oct. 7, 18M" lDe 15' 1856. 4,556 59 4,023 9S 532 61Moin MeNeil] ..... 1 Not starelI on ahst. 3,303 06 3,237 00 66 O0H.Spairkman......22 Not statled on abst. 2,967 31 2,907 96 5 9 2:5

it. 1D.So.lv ..t.. 23 Not stated on abst. 809 15 809 15 ...Field and st'aff ..... 2)6, Not stated on abst. 12,341 49 10,138 60 2,202 SI)

Total .. ...... ... . ........ $168,720 37 $163,645 79 $~,074 58

Notc.-R~olls 24, 2.5 and 26, aggregating $113'16.91, penrtain to payments by the State of Floirida for servicca, in 1849, and are not included ina above statement.

EXHIBIT II.

General sumlmary of Third Auditor's allowvances on items pertaining to Indian hostilities, 1855-59):

Amount of Amount Amount

Abstract. For what purpose. claim. allowed. disallowed.A' Pay of troops . .............................168,720 37 $163,645 79 $ 5,074 58B Subsistcne .................. 23,836 44 21,bS7 07 *2,249 37U Forage 42,304 62 32,429 60 t9,875 02D Tranwortation ............. 19,8S43 28 17,286 89 2,556 39E Camp and garrison equipage.......... .. 193 81 98 59 95 22F Quartermaster's stores .......... 589 67 395 16 194 51G Ordnance ........... SOS 43 07 S0 300 63I Contingencies .......... 10,332 S4 9,S862 59 470 25 5I Stationery .1111 11 104 20 6 91IK Medical and hospital stores.......... 1,362 83 508 82 854 01

Total ........................ $268, 103 40 $246,426 51 $21,676 89

AYotc.-A-bstract K includes accounts of J. M. Cooper, J. A. Jarrad, Fred IK. Lykes and Perry

(-. Wall for $7.5(0, $22, 5.)90, and $31.25, respectively. (See Col. Barr's report, pages 91 and 96.."The sunm of 1.514.52 of the amount disallowed is for subsistence of Captain Dyche's company

in 1849, and is comlmiented on under ]head of expenditures for that period.tItenms $150, $4,410.77 and $4,293.52 of the amount disallowed are for forage for troops in 1849,

and are commented on under head of expenditures for that I:eriod.

1696

EXHIBIT III.

Summary of sales of military stores (subsistence, forageetc.), as shown by returns of Jesse Carter, special agent:

Date. Amount.October, 1856 ........ .... .................. $ 80 00November, 1856 .... .. .......... .......... 26 27December, 1856 ........ ...................... 660 38January, 1857 ............................... 114 97January, 1857 ............................... 24 55First quarter, 1857 . .. .................... 499 48

Total.............. .................... $1,405.65

CLAIM FOR EXPENSES IN 1849-DETAILEDSTATEMENT.

Large payments have already been made to the Stateon account of expenses incurred in 1849. But upon care-ful examination it i, foLund that they did not include anyof the items embraced in the present claim. The acts ofJune 30, 1851, and March 3, 1857, under which such pay-nients were made, did not permit the consideration of anyitems, unless payment thereof had actually been made bythe State. As the State ha-d not then paid the items inthis claim (and did not pay them until 1859), it was notable to include them in the previous claims.

rThle claim is as follows:Voucher.24 A.-Ci-pt. HT. D. Dyche's Co., July 22 to Oct.

27, S 9 ..... .. ...................... $ 4,786 432o A-Capt. A. Jernigan's Co., July 22 to Oct.

23, IS49 .......... .................... 4,929 482(6 A-Capt. J. 0. Devall's Co., July 24 to Oct.

24, 1849 . ..... .. ...... 1,601 00^ Ih~ . j53 B-A. L. Caruther's, subsistence, July 22 to

Oct. 27, 1849 ...... .................... 1,514 5277 C-S. L. Sparkman, forage ............... 150 007!) C-A. Jernigan, forage ................... 4,410 77.79 C-A. L. Caruthers, forage ............... 4,293 52

T t-al .............. ................ $21,685 72

1697

Vouchers No. 24 and No. 25 A-The aggregate paid bythe State to Captain Dyche's company and Captain Jer-nigan's company is not in excess of what would have beenpaid by the United States for similar companies for thesame time. I therefore allow the items in full.

Voucher No. 26 A.-Of the aggregate claimed to havebeen paid by the State to Captain Devall's company,three privates, whose pay is stated at $70.50 each, donot sign receipts, and there is no evidence upon whichto base an allowance. Disallowing these items, I allowthe balance, $1,389.50.

Voucher No. 53 B.-The item is cost of subsistence forCapt. H. D. Dyche's company of sixty-nine men for nine-ty-five days. The articles purchased are component partsof a ration, and the prices charged appear reasonable. Itherefore allow the item, $1,514.52, in full; The State hasproduced no vouchers and has claimed no reimbursementfor subsisting the other two companies.

Voucher No. 77 C.-In respect to this item of $150 forforage there is no voucher, and no data whatever onwhich to base an allowance; I therefore exclude it.

Voucher No. 79 C (part).-This item is said to be costof forage for Captain Jernigan's company. The samegeneral remark applies in this case as is noted in regardto Voucher 77 C above, and the amount is disallowed.

Voucher No. 79 C (part).-For cost of forage (cornand fodder) for Captain Dyche's company between July22, 1819, and October 27, 1849, $4,293.52.

The prices paid, I think, may be accepted as reasonable,and I allow the item claimed. The State has presented novouchers for forage furnished Captain Jernigan's com-pany or Captain Devall's company.

H. Es. CS-2.

I ?

EXHIBIT IV.

'Generai gUihfflarv of 'Third Auditor's allowances on items pertaifing #o indian hdstilitiegin 1849.

For What Purposes. Amount Amount Amountof claimu allowed, disallowed

Capt. H. D. DycheZ.'s company........... . $ 4,786 43 $ 4,786 43Capt. A. Jernigan's company ........................ 4,929 48 4,929 48Cap-t J. 0. Derail's company ......................... 1,601 00 1,389 50 $ 21.1 50A. L. Caruthers, subsistence .......................... 1,514 52 1,514 52S. L.. Sparkman, foraige .............................. 150 00 150 00A. Jernigan, forae .. 4,410 77 4,410 77A. L. Caruthers, forage .............................. 4,293 52 4§293 52 .........

$21,iS5 72 $16,913 45 $4,772 27

16X99

The following is the act of Congress approved May 27,1902:

PUBLIC-No. 124.

"An act for the allowance of certain claims for storesand supplies reported by the Court of Claims under theprovisions of the act approved March 3, 1883, and com-Tonly known as the Bowman act, and for other purposes.

"Be it enacted by the Senate and House of Representa-tives of the United States of America, in Congress as-sembled. * *

"That the Secretary of the Treasury be, and he is herebyauthorized and directed to settle the mutual account,heretofore stated, between the United. States and theState of Florida, nuder the authority of an act of Con-gress, according to the mode of stating the same, foundnear the foot of the third page of the letter of the Secre-tary submitting his report, dated December 16, 1889, pub-lished as executive document numubered 68. House of Rep-resentatives. Fifty-first Congress, first s(esion, by contin-uing the computation of interest upon the principal onboth sides to the date of settlement, and ascertaining thebalance due the said State. And the Secretary of theTreasury is hereby authorized to surrender to the Gov-ernor of the State &l Florida the bonds of said State heldby the United Stales, which are included in such state-ment; and such sum of money is hereby appropriated asis necessary to pay to the State of Florida whatever bal-ance is found due said State; provided, that in furthercomputing the said mutual account fromnt the first day ofJanuary, 1890 (at which time it was stated by authorityof an act of Congress), no greater rate of interest shallbe allowed the State of Florida than said State has paid,is obligated to pay, or has lost in connection with saidaccount."

1700

Committee appointed by the Senate to investigate theBoard of State Institutions of this State met at 10:30o'clock, May 26, 19U5, to hear the testimony of W. B. La-mar:

W. B. BLamar being duly sworn by Mr. 'Wlest, Chairmanof the Committee, testified as follows:

F'- W. B. LAMAR.

By Mr. West:Q. What is your name? *A. WMn. B. Lamnar.Q. Do you occupy any official position at this time?A. Congressman from the Third District of Florida.Q. How long have you occupied this position?

*i~ ~ A. Since about the 4th day of March, 1903.,V Q. Did you occupy any official position prior to that

time ?A. Yes, prior to that time for fourteen years I was

! ' ~Attorney-General of the State of Florida.r'~ ~ Q. Where did you reside at that time?

A. My official residence was at Tallahassee, my politi-| . * cal and domestic residence was at Monticello.* '2 Q. Do you know of a business known as the Capital

Publishing Company?*;* l A. Yes, I know of the Hilson Paper Plant, and I know* jof some corporation of that kind.i j ~~Q. Have you known of the existence of that business

' t b since the time it was established?l r D~A. Yes, I remember when Mr. Hilson first established

I i the newspaper business.l|~ Q. How long to the best of your judgment has it been

I ' established?lp , ~A. 'I could not say to the best of my judgment, I think!hi ! Mr. Hilson remarkled a few days ago that it was his thirdXl 0'or fourth anniversary.

Q. Do you know who owns the stock of the CapitalA" " Publishing Company?

A. Not in the slighltest,-I heard a rumor to the effectthat Mr. Hilson, Mr. Trice and Mr. Gamble were the own-ers, I don't know now whether I got that from a newspa-per or in conversation. There was a newspaper here untillately called "The Weekly Tallahasseean" that went under,they sold out and my impression is that I heard Mr. Hil-

-

-41701

son took the type, the linotype, etc..-I don't know how itwas but I understood that Mr. Hilson. Mr. Trice and Mr.Gamble owned the Capital Publishing Company; I don'tknow how I got that impression whether it was from a --published statement or from conversation. -

Q. Do you know the members of the Board of State In- 'stitutions of this State? '

A. As now organized. Governor Broward, Secretary of State drawford, Comptroller Croom, State. Treasurer

' Knott, Attorney General Ellis, Commissioner of Agricul- ture McLin,-I believe that is all.By Mr. Harris:

Q. Is not the Superintendent of Public Instruction Holloway a member of this Board ?

A. Oh yes, and the Superintendent of Public Instruc-tion. Under Governor Jennings' administration. By Mr. West:

Q. It is not necessary to name those, we are referring 'to the present Board. Do you know General, of any con-nection between the Capital Publishing Company and any member of the Board of State Institutions?

A. None whatever sir.Q. Do you know whether or not they are interested in

the capital stock or property of any character of the Cap-ital Publishing Company? .'

A. No sir, I do not in the slightest. I'Q. If they are interested in any way you do not know -

it? A. If they are interested in any way I have not the re-

motest knowledge of it, either by direct knowledge or cred- ible hlearsay, I did not know it was even suspected. By Mr. Clarke:

Q. They were not interested in any way while you were Attorney-General?

A. Not in the slightest. By Mr. Harris:

Q. Dno you know or have you heard whether or not anymember of the Board of State Institutions is now interested in the stock of the Capital Publishing Campany, or that he has any interest in the matter of the contract for the State printing?

A. I never heard it rumored until the Senate passed the resolution. I will state finally my conclusion,-I nev-er had the slightest reason to believe that under Governor

I-

\ ~ ~ . .. .... A ''

iorf

1702

Jennings' administration or at the present time, that anymember had any interest with Mr. Hilson of any kind.I have been intimately associated with Mr; Hilson,-seenhim from day to day and the only thing I ever heard wasrumors during my campaign, of his paper being my organ,-I had no interest then and have none now.

Q. Then there were rumors?" * ~ A. None except that they charged that it was my per-

sonal organ, I never had any interest whatever. Therewas no rumor except that Mr. Hilson was my personalorgan. There was no charge that I controlled his paper

~I ~ except that Hilson was my mouth piece, but I never hadseen or heard the slightest rumor that any member of theBoard had had any monetary or other interest in the bus-

,-7. iness.

!*- [ l At a meeting of the Committee appointed by the Senate1 I: to investigate the rumors concerning the Board of Stateit ': Institutions, held at 8 o'clock, p. in., in the office of the

i| IH Comptroller in tlhe Capitol, May 26, 1905, witnesses beingi-;.; - present and sworn, the following testimony was taken:

N. B. BROWARD.

l |~ Bv Mr. WTest:ij Q. What is your name?

;t l ~ A. Napoleon B. Broward.iJ 1 1 Q. Do you occupy any official position?! aij A. Yes, Governor of the State of Florida.

j~~~l *Q. How long have you occupied that position?. ; |~ ~ A. Since the 3rd day of January of the present year.

lI~ ~ Q. Governor, do you know of the business known as thei';; .Capital Printing Company?

-i * -A. I know wAhere it is and that we have printing done.~. I,~ there.

Q. WTho operates it?LA .l °A. Mr. Hilson.

0. Governor, dlo you know anything of the ownershipof this plant-who owns the capital stock or the propertyof that concern?

A. Only from hearsay.Q. Do you know of your own knowledge?A. No.Q. As the Governor of the State, are you a member

of the Board of State Institutions?

j

1703

A. Yes.Q. Do you own any stock in that concern?A. No.Q. Do you know whether or not any other member of

the Board of State Institutions is interested in any wayin that concern?

A. I have not heard of it,-of any member of the,| Board being interested.

Q. You do not know of their being interested in anyway?

A. No.

A. C. CROOM.

By Mir. West:Q. What is your name?A. A. C. Croom.Q. Mr. Croom, do you occupy any official position in

the State of Florida?-A." I am Comptroller of the State of Florida.Q. How long have you occupied that position?A. Since 1902-the fall of 1901, probably.Q. Do you bknow anything of the establishment known

as the Capital Printing Company?A. Do I know of it?Q. Yes?

i A.Y, r. V I I-nov tt-cre is such an establishment.OQ. Do you know who owns it?A. Only from hearsay.

i QQ. Are you a member of the Board of State Institu-tions of the State of Florida?

A. I am.Q. Do you own any of the stock of the Capital Print-

ing Company?A. I do not.A. I do not.

; Q. Do you own any of ;"-property-or have any inter-est in any way in the Capital Printing Company?

; ~ A. I do not.Q.Are you acquainted with the other members of the

Board of State Institutions?A. I am.

1704

Q. Do you know whether or not they, or either of them,own any of the capital stock in this concern?

A. I do not.Q. Do you know whether or not they are interested in

any way in any of the property belonging to this concern?A. I do not.

By Mr. Harris:Q. Mr. Crooni, before the formation of the corporation,

was anybody associated with Mr. Hilson before it wasincorporated?

A. I do not know of my own knowledge anything aboutit-but I dont think there was.

Q. Then. from what you know. he was the independentowner?-running it independent.

A. He was at that time. so far as I know.By Mr. Clarke:

Q. Mr. Croom, did you negotiate the purchase of theTallahasseean?

A. I did not sir, I don't know anything about it ex-cept what I have heard.By Mr. West:

Q. I suppose you understand the purpose of this exami-nation Mr. Croom,-is there anything you desire to stateconcerning it?

A. I don't know as I understand the purport of thismeeting.

Q. It is simply to know if any member of the Board ofState Institutions is now, or has been since 1901,connectedwith the business known as the Capital Printing Compa-ny, or that same business before it was incorporated?

A. I have nothing more to say.

H. CLAY CRAWFORD.

By Mr. West:Q. What is your name?A. H. Clay Crawford.Q. Mr. Crawford, do you occupy any official position

in this State?A. Yes sir.Q. What is it?A. Secretary of State.

Pr„„ ~ Q. How long have you occupied this position?A. Since January 28th, 1902.

1705

Q. Do you know of the business known as "The CapitalPrinting Company?

A. Yes, I lnow there is such a business.Q. Whereis it located? A. In Tallahassee. .Q. Mr. Crawford, are you a member of the Board of lState Institutions of this State? it,A. I am.Q. Do you own any stock in the Capital Printing Com- pany?.A. I do not.Q. Do you own or are you interested in any way in the.

capital stock belonging to that company? A. I do not. Q. Do you know who has owned it and operated it un-

der its present name or any other name since the year ! '

1901 ?A. I have never known of anybody being connected

with it except Mr. Hilson until this consolidation. Q. Do you know who owns it now? .,A. I only know from the records in my office showing

the charter.Q. Do you know the other members of the Board of

State Institutions?A. Yes sir. 'Q. Do you know whether they or either of them own

any part of it or are interested in any way or have any iconnection with it? -

A. I do not know. By Mr. Harris:

Q. Do you know anything of your own knowledge, or have you been told anything by either one of the membersof the Board of State Institutions, or have you ever heard any conversation that would lead you to believe that anymember of the Board of State Institutions was interested Swith Mr. Hilson in the contract for State printing whether I as owners of the Capital Publishing Company or as a private individual ?

A. No I never have, of course I have heard rumors inthe streets, I never heard anything directly.

Q. Will you kindly state what these rumors were if you 1can remember? :

A. I can't remember,-I can't remember sufficiently to tell you just who I heard the rumiors from,-I remember 'i L

I1I

1706

distinctly enough to know I never heard them from anyof the members of the Board of State Institutions. Therewas a rumor during the last campaign, the last Primary,that Governor Jennings, the Comptroller, and General La-mar,-I never heard they owned the stock but that theywere backing Hilson.By Mr. Clark:

Q. Mir. Crawford you stated awhile ago that you knewfrom your records who owned the stock in that PublishingCompany, will you state to this Committee who ownsthat stock?

A. I have got the records here (Records exhibited).

WIm. V. KNOTT.

By Mr. West:Q. What is your name?A. Wm. V. Knott.Q. Mr. Knott, do you occupy any official position in

this State?A. Yes sir, Treasurer of the State.Q. How long have you occupied that position?A. Since the 28th of February 1903.Q. Are you a member of the Board of State Institu-

tions?A. Yes sir.Q. Do yon know of the establishment known as the

Capital Printing Company?A. I have heard of it.Q. Do you know who owns that business?A. No sir.Q. Mr. Knott, do you own any of the capital stock of

the Capital Printing Company?A. No sir.Q. Are you interested in any way in the property of the

Capital Printing Company?A. I am not interested directly or indirectly nor never

have been in any printing establishment. I will also addin answer to my answer I made a while ago if I knew whoowned the capital stock in the Printing Company, that Iunderstand Mr. Hilson to be the manager of it,-I don'fknow anything further.

Q. Do you knovw the other membebrs of the Board ofState Institutions?

I T 1707

A. Yes sir.Q. Do you lknow whether they are interested in this.

establshment ?A. Not that I know of in the least.Q. Is there anything else you desire to state in this

connection ?A. No sir.

ROBERT H. GAMBLE.By Mr. Halrris: Q. What is your name? A. \Robert H. Gamble?Q. Were you one of the owners of the "Tallahasseean,'"

the newvspaper that was printed in Tallahassee, Florida,until recently?

A. Yes, sir; I was.Q. Are you now an owner, or interested in that paper?A. No.Q. Who was your partner in the publishing of that

papler? lA. Mr. Trice. Q. Is it a fact that he sold out to you?A. Yres.Q. To whoM did vou sell the Tallahasseean?

We organized a company.C. State how' that c-omipiany came to be organized?

T.iaOt collanyA wats o-gaui.zeŽ1-it was suggestedl '"-niyself--we oiegalized and consolidated the two papers.

Q. WVho did you suggest it to? A. To Go-ernor Jennings. I asked him to assist me,

lie did so, und saw Mr. Hilsion for me, and the compan- was organized.

Q. Tere you owner of any of the stock? iA. M. G. Collins.A. I took the amount of the stock that the TallaIrai

seean was vallued at.Q. Do you knowt the neeners o! the Board of State

Institutions at present, the board as now comprised, andthe last board?

A. Yes, sir..Q. Do vonl l know whether or not any of them were in- :

tcrfisfted in the Capital Printing Company?A. Not to my knowledge.109 S. B. *

i ·~~~~~~~~

1708

Q. Have you ever heard they were interested in anyway in it?

A.- N>o.Q. Do you know whether any one of them. were inter-

-*ested in this Printings Co. before you and he formed this

FrrtPrt Capital Printing Co. A. I do not know.

Y. lou are not a stockholder now?A. No.

i4. You did not sell your stock either directly or ind;-rtectlv to anv member of the Board?

A. I did not.Q. Do you know Mr. William McIntosh, Jr.?

ran K rA Yes, sir.lj 'Q. 4 What is he doing?1,l , ;A. EHe is working hero in the Capitol.

t > , '(. ~In the Comptroller's office?,t Yes, sir.Q. Did you have any conversation with Mr. McIntosh

¼ ~~in this connection?A. I did.

ii~' s~ Q State what that conversation was?A. We tried.to get him to take charge and handle the

t:li ~ paper. I talked to him about it, but he would not give up

{hi.9 position-his employment here-to do it.D. l)o VYo know whether or not he is interested with

Mr. Hilson in the publishing business?,t~i jsA. Not to my knowledge.

By Mr. IVest:ii'Q Q Do vou know of any stock in the Capital Printing

Company being owned by any member of the Board ofState Institutions?

!,'· ~ A. I do not.

JOHN G. COLLINS.

By Mr. West:1. What is your name?A. J. G. Collins.

W1. WThere do you reside?A. In Tallahassee.

Wh. What busine'ss are you en gaged in?.A. The printing business.

L. __ I ~~~~~~~~~~~~~~~~~~~~~~~~~~~-A

!'~ W»~ ~1709 \

Q. Do you know the members of the Board of StateInstitutions as that Board is at present constituted?

A. Yes, sir.Q. Have you known the different members of the

Board of State Institutions since the year 1901?A. Yes. e:lir.

Q. Do you know whether any member of this Boardowns any of the capital stock of the Capital Printing Co.?

A. Not of my own knowledge.Q. 1)Do you know whether any of the members of the

Board as it is now, or at any time since 1901, owns any ofthe stock in thbs business now Lknown as the Capita]Printing Company?

A. I have reason to believe so from propositions thatwere made to me.

Q. By whom were those statements made, that you refer to?

A. By parties connected -Q. Name them. A. William McIntosh, Jr., on several occasions. By Mr. Clarke: Q. Im he a member of the Board of State Institutions? .A. No.

J. C. TRICE. * .~~At

By Mr. West:Q. WThat is your name?A. J. C. Trice.Q. What business aire you engaged in, Mr. Trice?A. The hotel business, now.Q. Were you at any time, previous to this, engaged in

the newspaper or printing business?A. Yes, sir. Q. At what place were you located? *G

A. Here. ;Q. Uo until what time? A. Well. I ihad an interest in the business up to Janu- b

ary of this year. I was not at the office after the 13th of June last. I left the office then to go to the springs for my health. I severed my connection with the business in January last.

Q. Do you know of the business known as the Capital Printing Co., or Capital Publishing Co.?

_ I

1710 1A. Heie at Tallahassee?Q~. Y esA. Ye, Asir0. I1_ 011n hkinol: the dilfeject njeljbers of the Boardl

of ~it~!:, r- ions; J this State?A. Yes, :-i

e ae you I onwii thle memllbers of the Board ofStit i'tltln inci(e 1801?

A. Yesas~i .

C' Do \-a ke~ofx v -llether or not anv of the membersof 'he Board of &tate Institutions own any of the capitalstock of the Cqpital Printing Co.?

A. No sir, I don't.Q. Do you know whether or not, there are now, or has

been, any member of the Board of State Institutions, in-terested in the business kunown as the Capital rublish-ing Co., or the business before it was incorporated undertha tname,-since 1.901?

A. Nos sir, I don't know. Of course there has been ru-

mors arounld town to that effect,-I dbn't know of my4 owf1nowtedge anything about it.

p.:: Br M~s· ~vKr. IHLarris:*0. hen yoo-u ay iu mors to that effect"-what do

01 o U n U-

if Ann. That mIcmu,,,ers of the Board held stoct in that com-pany.

I, Wh di dC y s I1 your intUerest in the Tahahnsna-c-anto?,

A. Robert Gambie.Q. Did any member of the Board of State Institu-

tious. or anybody representing them, make offers to youto get your stock?

A. Mr. Collins--No sir.

Did any member of the Board?A. No sir.Q . Did Mr. McIntosh come to see you?A. Mir. Collins came to see me representing Ms Ml-

Intosh, on one occasion.Q. Did Mr. McIntosh come to see you?A. Yes, he came once.Q. What did he say to you?A. He offered tu buy it.

Q. That is all he said-just offered to bw7 it?

'1711

A. Yes si;.Q. Is there anything else you want to say?A. No sir.

By Mr. Clarke: Q. Yousay you heard rumors,-what kind-where

did they'originate? ' 1A. No sir, I don't know-just common rumors, such

as you hear I presume now.

Wm. M. McINTOSH, JR.

By Mr. West: Q. What is your name?A. Wm. M. McIntosh, Jr. Q. What is your occupation Mr. McIntosh? A. I am Secretary and Treasurer to the Infernal Im

provement Fund of the State of Florida, and I am em- tployed incidentally in the Comptroller's office. By Mr. Harris ;

Q. Mr. McIntosh, are you not chief clerk in here? |A. No sir, my father was chief clerk for a number of !

years-hlie died last week. .By Mr. MWest:

Q. Hwu long have you been in the Comptroller's of- ^fice? _

A. I have been connected with the Comptroller's of-fice twenty-eight years.

Q. Do you know the members of the Board of StateInstitution-1? , o jj3

A. I do.Q. Have you known the members of the Board of

State Institutions since 1901 ? -A. I have. ;Q. lu you know of the business known as the Capital ; r

Publishing Co.? 1

A. I do.Q. Have you known of the business under that name l

and under any other name since 1901 ? A. I knew it as the private property of J. B. Hilson ,

and afterwards as the Capital Publishing Company. I Q. Do you know whether or not any member of the X

Board of State Institutions owns any stock in the Capi-tal Publishing Co.?

I'

1712

A. I want to submit a written statement of what Iknow of the affairs of the Capital Publishing Com-pany.

(Here the witness read his statement to the Commit-tee as follows)

Some time in JanuarTy, 1905, I was sent for by Mr.]Robert Gamble, formerly of Tallahassee, but now ofThomasville, Georgia, and when I saw him lie stated thatlie was the sole owner of tile Weekly Tallahasseean plant,and desired to consolidate with the Daily Capital if satis-factory arrangements could be made. He then asked meif I would siee Mr. Hilson and find out on what terms aconsolidation could be had. I consented to do so, anddid see Mr. Hilson and soon had Mr. Gamble and Mr.Hilson in consultation and an agi eement was reached.In the meantime, in view of the local political conditionsthen existing and the. fact that much unpleasantness badbeen brought about by the tone of the local press inpolitical subjects, I conceived the idea that it would be forthe best interest of this commninuty if a number of ourleading business men and representative citizens belong-nug to both factious would become stockholders in the

i consolidated company and sipoke to several parties, not'inI ny way connected with the State Government, on thesubject, and they agree(' to tal-e fto-k, if I would assumethe editor`a] control of the p,..aper and the busiuess main-agement of the new company. I discussed this view ofitnl wnA-ll-ni- with jim' friends,: in~nclding'e Conllntrxller· k. C.Slit ,uink, ~ ~ ~ ~ ~ 2 C li' e

Crooiim, anid he statedl pasitivelv that if I btw-ame con-nected in any wan w-ith any printing or publishing coin-)an II A in Talla haisee. althorglh the arrangement might be

tempvoral"Iry. it would he necessary for me to sever inn coil-n tction %i lb the Comptproller's office. He said that thisexession was not based on the possibility of any wrongrcsnlting to the State fromt ann connection with any suchprintin- comrpany, but that it might lead to unjust criti-cisier and -nerl therefcore objet tionable. I saw the force 4ifhis views and declined to have anything to do with theproposed printing or p)ublishing companye. When mny de-termination wvas maside knowil, myn friends wrho had agreedto take stock withdrew, and the new printing company,i. e., the Capital Publishing Company, was -organizedsolely by the owners *of the two printing plants. Mr.George I. Davis, whose name appeared in tle articles t(f

_~~ 12

1713

incorporation, also withdrew and did not take stock. Sofar as I know, and from information and belief, I am pre-pared to say that the only stockholders of the Capitaf.Publishing Company are I. B. Hilson, and his wife, and.Robert Gamble.

I have never invested one dollar in the printing 'businessand am not in any way connected with any printing orpublishing company either as a stockholder or otherwise.

In the mater of the conscyldiation of the two printing- fplants in Tallahassee, I simply caried out the request of'Mr. Robert Gamble, by bringing him and Mr. Hilson to-gether and subsequently performing notarial work for-them in connection with the incorporation of the twoplants and did not ask or receive any compensation from;either of the parties for any services rendered. Prior CBthe recent rumor that gave rise to this investigation, Jnever heard even a suggestion that any member of theBoard of State Institutions had ever thought of takingstock in the Capital Publishing Company and am certairn,that none of the gentlemen composing the Board ever-contemplated for an instant the idea of becoming a stock--holder therein. I speak advisedly on this subject as Iknow the views thel and now" entertained by each andeverv member of the Board of State Institntions.

By Mr . Harris:Q. Do yObu 1know John G. Collins?A. I do.Q. Did you ever make a proposition to Mr. Collius to

bu cult Ii's business, and have him to come and take charge of the Caplital Publishing Co., and take charge ofthe Capital Publishing Comllpany, and at the following eleetion that Mr. Hilson w-ould be voted out, and he wrouldcome in and take charge at a salary of $25.00 a wTeek, orwords to that effect?

Q. As before stated in my evidence, I had anrralged Cborganize a corporation of the citizens of Tallahassu( .

Q. Was that before the incorporation?A. No, before that I had attempted to organize a local

company. I approached Collins and asked him if he would become connected with the company. He said he thought he wonld. I told him if he did, his plant wouldbe purchased by those organizing the company, and he would be given employment as a job printer; I did not

L*k

1714

mention any compensation, because I was not in a posi-tion to do so.

Q. Did you tell him he could take Mr. Hilson's place?A. I did not. I told him I would give him a job as a

printer in the office. I could not give him any other.-- ~ ~Q. That was before the company was formed?

A. That was while the company was being formed, and.afterwarnds I withdrew altogether.

Q. Do you ownn any of the stock of the Capital Pub-~i ~ lishing Company, directly, indirectly or any other way?

A. I do not, as I have previously testified, I have noconnection with it.

'2- Then none of the members of the Board of State.nstitutions after 19i01, owned any of the stock of that-concern, either in connection with I. B. Hilson or the

Ji ~ Capital I'nPublishinog Conompany?A. To Ilmy Iknowledge and belief, I would state posi-IL 0~i i e l-, neo mnemuiber of tlhe Board of State Institutions is,

oL ever has been connected with any printing companyi ';i L 'i'.t ITiailutssee.By Mr. Harris:

tr (-Q. Do y0ou know that they have not been connected1I witl it directly or indirectly?I' J t. Elither directly or indirectly, they never have been

connectedl writh it.

I. B. HILSON.

.,~ ' 3 .y MI. Harris:Q Whiat is Your name?A. I. B. Eison.

1l t. S4You started a printing establishment about whattime. in Tallahassee?

A. In February, 1001.LJ; (,#Q. TWilo -was connected witih you as palrtners, directly

or indirectly-as partner i the printing business?A. Nobody.Q. -ou were by vourself?A. Yes, sir; by myself.

W. Tho formled the Capital Printing (o.?A. Here are the Minutes, and here is the Stock Book.Q. Just state who composes the corporation?A.L In the construction of the Capital Publishing Co.,

1 had an inventory of the value of my plant, $40,000, and

1715

Mr. (amble estimated his plant at $8,000; therefore weissued $48S0110 w-ortflh of stock, of which Mr. Gamble has$8,000. In order to make enough to have stockholdersI had to give my wife $1,000 worth of stock to have officers. Here is hers, and here is lmine.

Q. Has any of the stock been transferred since it has been issued?

A. No sir.Q. And the only owners of the stock are you and your

wife and Mr. Gamble?Q. Yes; and what Mir. Gamble did with his, 'I don't

know.Q. Since the formation of this company, has any one

of the members of the Board of State Institutions eitherdirectly or indirectly, to your knowledge, partaken of anyof the profits or benefits of the company on accounts ofthe printing of State periodicals-State printing?

A. Neitlher before or after-at no time. Not only that but I wrish to state right here, Mr. Win. M. McIntosh, Jr., Iwas the cause of the consolidation between the Tallahas- seean and the Daily Capital. He was thinking of taking S$1.000 nwlorth of stockl, and being macde Presidlent of it;that wfas before an-thihp -was done at all. Ole ni°7ht he!approached me, mid next day he Foid that IMr. Croown I said he would have to qunit this thing or qulit his job.

Q. That is all, Mr. Hilso .A. I would lilke to kDoTw who has nmade this statement;

-who has made this statement against me?A. Mr. John Gi. Collins. The testimony of Mr. Collins

will be furnished you 'by the chairman. The charge is that -tutions were interested in the printing contract. Theyvere only, indefinite. This exalmination is for the pur-

pose cf investigating these lrumors.A. In the meantime, this thing has gone abroad and

causeI n-qflectioi nu!nn the nmermbers of the board. Thisthing oullH to be iiade as public as the charges have beea .

B. E. AcLIN.

By Mr. Wlest:Q. What is your name? A. B. E McLin.Q.Do you occupy any official position?

1716I

A. I do, C'onmlllissioner of ,Agriculture of the State ofFlorida.

Q. How long have you occupied that position?A. Four years last January.Q. since what date?A. I believe it was the 8th day of January, 1901.

Q. Arle you a melllber of the Board of State Institutionsof this State?

A. I am, sir.Q. Do you know of a business now known as the Cap-

ital Publishing Company?A. I do.Q. I)Do you own anuJy stock in this concern?A. None whatever.Q. Have you ever been interested directly or indirectly

in the capital stock of that company? or that company

prior to the time of its incorporation?A. In no way shape or form, I have never been inter-

ested in any publishing company either here or any otherState.

Q. Do you know the other members of the Board ofState Institutions?

A. Yes I do.HQ. Have you known them since 1901?

A. Yes, thev have not been in all that time. I have

lknown thema as the-, camie in, and knew them as men be-fore.

Q. no yoU, know whethe-. or not since 19{.l 1ny ofthellc lans-e been infeiceted. directly or indirectly in this

busiinesi?A. I sever hearl of it.-it never entered my mind that

they- would.-men occupying that position,--I feel this

lway, that an intilatiou that I as a mneber of the Cabi-net, *-o!d hcld stock in the publislling company that

was doing printing for the State,-where I -would hare

to let the contract, w-ould be an insult to anr one nho

had any of ihe instincts of propriel-ty or self respect.

CONTINEUATION OF TESTIMONY OF JOHN (.COLLINS.

By Mri. Hnarris:Q. WThat is the- matter you refer to?A. W'ell first,-Mr. MlcIntoshl made several proposi-

1717

tiolls to buy out the Tnllahasseeans in my name-By Mr. WTTest:

Q. State the matter fully, so we will know what weare talking about. 1

A. He sent for me to come to, see him-said theyrwould buy the Tallahassean,-said it wras to be bought inmy name,-that was the purpose of Trice selling his in-terest; afterwards Trice sold out to Gamble, and CGambl;meirged it into the Capital Publishing Co.,-everythingpointed to the idea that that was what he wanted me todo.

Q. Is that the matter you referred to, that you stateled you to believe some of the members of the Board ofState Institutions owned stock in the Capital Publish-ing Company?

A. No, there was other information.Q. State what it was? A. As an employee, I was at the opening of the bids

by the Board of State Institutions, and as his employeeand at his request, I stayed at the Capital until after thebids were opened. Mr. C. H. Dickenson and some otherclerk in one of the departments, I don't remember which

took the bids into an adjoining room, down the hall tofigure upon the results,-or get results. Just about sun-down or a little befolre, that evening, hlie passed through ithe hall,-I wlas talking to Mr. Talbot W"hitfield,-I ask-ed hii the result,-he said they wasn't qunite through fig-uring, but it appeared that Mr. Trice was the lowest bid-der on all of tile w-orl. A little later, I went to th ebase-mlent of the Capitol, one of the members of the Board, aswell as I can remember n1ow, it w-as Mr. C'rooml.-hestated to me thaft the train had been delajed on accountof a wreelk, and '-r. Sheats being absent, it v.old, be iim-possible, for the BoaLrd to announce the result that aftelrnoon. and aln adjournment wTas taken until the nextmolnimg. PWhen the contract was aw-aded,-Class "A"and '"3B" was awarded to Mr. Hilson and Class "C,"Sullprem Conrt Relorts, was a-awrded to Mr. Trice.By Mr. West:

Q. Is that all? iA. That is all pertaining to that point. U

.. 'J

1718

Q. Did you ever hear Governor Jennings or any oth-er member of the Board say anything about the print-ing?

A. No sir, I did'nt hear that,-you will get that testi-mony from Mlr. Trice, I expect.liv MA. Clark-

Q. Mr. Collins, do you know whether or not Mr. Jen-nings or any other member of the Board of State In-stitutions owned any stock in the Capital PublishingCo?

A. There w-as no way for me to know that; there wasanother liropositioil to me to sell out my preseut busi-ness-

Wi. Who Imade that propositioh?A. Mr. MlcIntoshl-took place since the merger of the

Capital,-after the notice of incorporation ahis publish-ed.

Q. But you stated awhile ago that Mr. McIlntosh wasnot a imemlber of the Board of State Institutions?

At. No, the Colmm-ittee can question hilm ahb-ot it.This point I expect to testify about is that they wantedto get lie to go in--I did'nt go in, so I could not say wl hoowned the stol.

Q. I: Mr McInlltosh a nember of the Board of S'tatcInstitutions ?

A. No, but hlie is a clerk.By IMr. Harris:

Q. Yon stated, since you started your new businessof lrillting and after the notice of letters patent beingtakeln out, for incorporation of the Capital PublishingCo., that -Mh. McIntosh proposedl to buy out your busi-ness for thle purpose of merging it into the Capital Pub-lishing Comnlplany?

A. Yes sir, he Stated thatQ. ,iust state wLat he said?A. le made that proposition thrice, or probably three

ti:r-es. thie last ti're he carme to me and asked me howmuchdI had investLd up to that time, and I told him$51500. He made the proposition to buy me out and paymle in cash,-leave the business for my brother to run,and if I accepted&the proposition, to walk into Hlilson'"Coumlpany and take charge-take the position as Superin-tend.eut,-and not ask Hilson anything about it, and r

171')

was given to understand that on the 15th,-after thenext election, Hilson was not to be in it. Ilhad that pro-position about hiring me through Mr. Palmer; he knewI would not accept any position under Hilgon,-I had .ref iused that before, there was any talk about that.

Q(. Who was McIntosh representing? ' IA. He did'nt say-he did'int mention any names. -. Do you know of anything else, of your own know-

ledge touching this matter? --<1 UA. Not of my own knowledge. :

I By Mr. West: .Q. What is the feeling existing between you and Hil .

.son? *A. Nothing at all-I simply know the man-have no::

relations with him at all. a By Mir. Clarke:

Q. What is your feeling towards the members of the * Board of State Institutions? |

A. Very good there is no feeling between me and them, -I have the highest respect for all of them.

,i !

1T20

REPORT OF BOARD OF STATE INSTITUTIONS.

Referred to in Governor Broward's message to Senate,page 1512, Bound Journal.

State of Florida,Em-Br"~~~~ ~Executive Department,

Tallahassee, May 29,1905.Hon. Park M. Trammell,

President of the Senatesl] ~ SIR-The fact that the report of the Joint Committee

jI ~ appointed under House Concurrent Resolution No. 5, tovisit, inspect, investigate and report its findings of the con-

-1~ ~ dition, needs and affairs of the Hospital of the Insane of11t . ~ the State, has been adopted by the Legislature of Florida,

renders it of importance to the people of the State of Flor-. ~ ~ida that the Board of Commissioners of State Institutions

which has the management and control of that institutionshould either affirm or deny the remarkable allegations in

.1~ the committee's report. It is very much to be regrettede ! that the Legislature, wvith so much apparent avidity and

'18

,, ~ so little consideration, adopted a report which is not onlyi "untrue, inaccurate and wholly unjustified by the fact, but

i -~is in its tone and character scandalous and disreputable tol, i ,a degree that one almost suspects it to have been inspired

by other considerations than a fair and just, full and ac-: | ; curate investigation and consideration of all the facts.

.+ ', ~ The report has afforded to a certain class of newspapersi5 ; in this State a silendid opportunity for the exhibition of!t; ,'that character of journalism, which though so offensive, to.l \ the gentility and refinement of the reading public, appeals~'[ strongly to the sensationalist and the scandalmonger

Those newspapers have, with the morbid humor of thosewho traffic in disgrace and shame, emphasized that lan-much of dishonor; against the Board of Commissioners of

;.. much of dishonor; against the Boad of Commissioners ofState Institutions so much of incompetency, and againstthe attendants and employees of the institution, many ofwho are virtuous and pure women of our State, so muchof immorality and vice, until the people of the State arehumiliated, and outraged honor demands a correction ofthe falsehoods.

In the first place the opening clause of the report shoulddiscredit so far as the management, past and present, ofthe Hospital as that m1anagement relates to the handling

1721

and disbursement of the funds of the institution is con-cerned. The report states that "on account of not beingcerned. The report states that "on account of not being -furnished with records and detailed itemized accounts and other data asked for, the investigation and report is not as -thorough and complete as the Committee desired to make "''. What records did they seek? What data was asked for, and whom did they ask and where did they seek? Were the mem.bers of the Board of Commissioners of State In-stitutions examined as witnesses? Were the records ofthat body sought and its methods, as there revealed, in-quired into? Was the Comptroller's office, which is madeby law the depository of all accounts, vouchers and evi-dence upon which warrants are drawn, examined? !Was the Executive Office or any one therein requested to -furnish a report from the Superintendent of the Instit- ' tion for the past two years? Was the Governor's message to the legislature of 1905, which referred to the Superiu- tendeht's report and gave a synopsis of thereof, read or studied ?

Apparently, nothing of this ki ndwa sdoen.sffiojOi..suApparently, nothing of this kind was done. As a mat-

ter of fact nothing of that kind was done by the Con- mittee. The Committee could not have urged ignorance as an excuse for not doing so,-their failure to make -such inquiries of the persons and at the places namedcould not have been consistent with a sincere desire toin-ke a full. faithful and unprejudiced report in the par-ticular above named-because Capt. B. F. Whitner, thepresent Superintendent of the Hospital, in his testimonyas the same appears upon page 16 of the journal of theSenate of May 17, 1905, told the Committee that the invoi-ces and contracts for supplies for the Institution were 'in the Comptroller's office; that the Board of Commis- '-sioners of State Institutions was the purchasing agentfor the Hospital; that requisitions were made on the Board for the supplies needed by the Superintendent. And Section 836 of the Revised Statutes places upon the Board of Commissioners of State Institutions the duties of management and control of the Hospital. f

Being ignorant of neither the. law nor the fact, they nevertheless failed to seek in such places and from such persons for the records, accounts and data, which were necessary to a full, complete and fair report upon the fi-

* 1

1722

nancial administration of the Hospital affairs. How,then as The nisie of com.on decncy and honesty, justicet l!c! it-, could the Comimittbee rmport that: t'Reports ofmiiss' pli u 'a~ on of State's money and effects have cometo the Commfflittee. Evidence hefore th e Commiittee;- obser-vatioLel o' the mnanner and method of pulrchase and dis-bui-:xea riet, ni check against collusion whatever in any-nt-ar Teic ft 'c that itemized accounts of Expenditnre werenot tarnishted the Conumittee as asked for and to the mindox tu:e Comminittee niow could not be furnished for the rea-son that no complete or accurate system of acco-unts havebeen maintained. The Committee is forced to time beliefthat thiere is ground for such reports. That at least somemoney and effects used did uot go to the use and benefitof the Institution."

For what wrong purpose was the State's money used?What "effects" belonging to the State were misappropria-ted? Did the Committee rely for those statements uponthe evidence of Chas. A. Gramling who was the hook-keep-er fromn the Justitation from October, 1901, to June, 1904,and who if lie knew of the m1isap2, propriatioan of the State'siuomv:?- and effects, failed to report it to the Board of Coin-missioners of EState Inistitutions and thereby became parvfice'ls crj~imhJm Fre said (P 24) "The nearest approach to

a -p p tioni was wheun Dr. O3wySna (tihe then Su-I'"·jrtc~i:~cn~ ~haicild thle State's timiber wvith men andteuit2;~ ttta; were paid faor by the State to do the work. Itwas made, into cupboards, wardrobes and various otherp-iece's of furniture. He used those for his own personaluse:' When lie left there, some of the pieces were in theinstitution, one had been sent to W"est Virginia and two toa lady.

Of \vlmat (id the "various other pieces of furnitnre" eon-sist? Who made them? What was their value? Howm a nyv of the pieces are yet in the hospital? And who as-serts that the hafldiwork of the inmates is the propertyof the State? Who denies to those inmates who are phys-ically and mentally able to do so, the right to occupythleir bands and their minds in wholesome occupationsthat may briug to them a temporary surcease of their sor-row-s and afflictions? W"ere not these articles of furui-ture which were used in the Hospital and the three orfour p jieces thant wvere shinpI-ed away. maid for in money, ser-vices, or kindnesses to the inmfltes? And could they not

1723 - 'I

have been made by those inmates and presented to their"benefactors or friends as an expression of their gratitude iWos'uold the Committee and legislature deprive tile unfor-toufatesB hol Oil acco-a'unt oil tieilr mental condition, ar-e aC-charge upon the State but who have at times lucid inter-vals when the light of reason breaks upon their minds andmakes theo for the time being reasonable creatures with * 1the emnotions and sentiments of normal persons, from in.-dulging the noblest sentiment that warms the heart ofgrilteful man?

Did the Committee intend to say that it was a crim-inal thing to do, to giv-e or loan to MrIs. Moriison, witoLaid come to the Hospital to visit her husband, an inmtatetherein, sufficient money to enable her to pay her passagehomseP Th-e amount so loaned or given is not stated, but Athe Superintendent intended to reimburse the Hospitalout of thre pension money which the husband was to re- Sceive. 'Was Dr&. GwQ-un called or sent for and asked to cx-iilain? Were the motives of this Gramiling inquired into"W)"as any, effort uinde frither thin his own statements ey 4hibit, to. s~hov- the veIon- the poisok of his mnind-tocward the e iSh~ eiint'nde nt9 Did the Commnittee en

Oi' tl5lt 1&'.n' o tw use transactions "'<

brat-~3 1 to tL U A tten on uij the Foad? And if the wLnca' '. ~ 1.n' "'by didl ta not report te.c'5 uKe C'oimi">t' >t b its csatin of the t ieaj

prolp'ri~-i 'k Oii ilthe '~t t c a Ci7wi ondl effects, uploil the htimou3o ofrV. F. Th kcoiil, iho il his partner W"as sopacrious of gai-a as to insist upon fifteen per centum. pi:upon drugs and panuts and oils instead of ten percentimi,wacts equally avar7icious in that he wvas made easilyv to seethe justice and mnoder-ation of even twenty percentuiniprofit, whitich he said wvas charged upon the advice -tf hisassoceiate in business.

'Why was not Mr. Dickinson heard? 'Why was lie itgiven an opportunity to deny the statements of his foirveu,associate in business? BJ how co;Od thki affect the r7W-tion, until it was showni that the drugs and paints mal oils purchased during that period when this business rela-tion excisted, were paid for at a higher price thank, goods of pthe samiine quality, quantity and description could havebeen uarchased at t1Oe time? Was this the 'only evidencebeforeo the Committee upon which to base such charges?'

ff.4 'o:?rvtiou did th.ey miake of the "manner and,1105S. B.

rqv'

1 724

uuitllod of purchoase and disbunrseneat ?" The' subwittednone.

Raow could the "mind of the Committee now" be in-j'e~srded with the idea that itemized accounts of expeudi-

-ntnes could not be furnished? Did they ask the Comp-troller for the privilege of inspecting them? What forcedthe Committee to the "belief that there is ground" for

; such scandal as was contained in that part of their re-iort? Did they so far forget themselves and the obliga-tions they owed to lDonor as to accuse their fellow-r-man of

'crime and dishonesty upon mere rumor ? And that, too,.in a forumn w-here there was no opportunity for defense.

Xs to that feature of the report, the Board of Commis-.sioners. of State Institutions asserts that:' There have

. i ~been no mlisappropriatiolls of the States money and ef-7' f' rects; that the method and mnanner of purchase and dis-

burselment is good and preserves a check against collusionand fraud, that all accounts and vouchers for all expendi-tires are preserved and can be produced when asked for;that there is an accurate system of accounts; and thatfrom nothing that the Committee saw or heard could theyinfer and believe that there was ground for the statementthat the Board of Commissioners of State Institutions or

, I ! Hallny one in its employment connected with the Hospital,-was or had been guilty of misappropriation of the State's

| " money or effects; and that the charge made by the Coin-mittee was wholly untrue and without the slightest foun-dation in fact.

The next statement is: "Evidence before the Commit--tee, observation of the Committee and other informationauthorizes the Committee in saving that the Institution isnot a 'Hospital for the Insane,' but is a mere dumpingplace for all sorts of people, where they are maintainedafter a fashion at an enormous expense to the State. Lit-

hai - tAle children, young men and young women, middle agedmen and women, old, feeble and decrepit men and womnen.afflieted. with all sorts of mental and physical ailments-are duamped into the Institution as 'indigent' insane.'Many of whom are not indigent or insane and should be at

home with parents or relatives, or in the county poorhouses, infirmnaries or free'to earn their own living."The Committee does allege here, th~at there are inmates ofthe hospital who are not insane w'vithin the uenOuillne ofChhpter 45-7, ATcts of 1895, thle first Section of whichreads as follows:

I>

15 l

1725

"Section 1. When it supposed that a person, residentof the State, is insane, either non compos mentis or suffi-ciently devoid of reason to be incapaule of self control,a petition signed by five reputable citizens, not more thanone of wvhom shall be a relative of the person, setting forththat he or she is to each of the petitioners personallyknown , and their knowledge of the mental condition ofthe subject is sufficient to justify the belief that he or sheis insane, and asking that the examination be institutedand made as provided by law, may be presented to thecounty Judge of the Circuit Court having jurisdiction."

I Section 2 of the Act, as Amended by Chapter 5264, Actsof 1903, provides for the appointment of "an examination committee" who shall examine the supposed insane person and ascertain his or her mental and physical condition, and if considered insane, whether the insanity is acute or chronic, its apparent cause, the hallucination, if any, and the age and propensities of the subject; also whether indigent or not.

Section 3. of the Act provides for the report of the ex-amination committee. Section 4 provides that the Judgeupon receiving the report, shall examine the same andif satisfied therefrom that the person examined( and report-ed "is insane within the meaning of this act" shall so ad-judge and decree and shall make his order that the sher- iff otf the county from which the report,is submitted shall at once deliver the person so adjuded tojthe Superintend-ent of the Florida Asylum for the Indigent Insane, forcare, maintainance and treatment. There is a proviso tothe effect that the judge shall, in case the report showsthat the "alleged insanity is chronic or produced by epi-lepsy or senility, and the person does not require confine-ment nor mechanical restraint to prevent self injury or violence to others, and that he or she is indigent, adjud- .ing that the person is incurably insane, harm less, antd in-' 'digent and shall make an order directing the coanty Corn- 'misisoners to provide for such person.

It is clear from the provisions of the Act that if the in-sanity is chronic or produced by epilepsy or senility, andthe person does require confinement or mechanical re-straint to prevent self injury or violence to others, suchperson would be adjudged insane within the meaning ofthis Act and committed to the "Florida Asylum for the In-digent Insane."

Chapter 4359, Acts of 1895, provides for the appoint-

J

L-

172(1

nent .of guardians of the property of lersons of unsoundMind ; 'nd (_ha..vpter -1720, Acts of ] OhS, prescribes the pow-ers and duties of such guardians. apCluter 4858, Acts of1895o, piovide for the repeal of Sections 847, 848, 849, 8,50,1 -nOud I8'52 of the Revised Statutttes, atnd further provides

for til ri elsonsa subl.jmiect to the pr-ovisions of those sectionsto e C mn:niittedl to the Floridac- Asyluiim for the IndigentInsane. Those see ndous 1,3 oxidetld ir the c~are of insanepersons by private parties at t-he State's exCpense.

The truth is there is not n. inmlate of the Hospital whohas not been duly and c dlly committed unider the lawsof the Sta-te of Fiorida. If the legislature of this Statehas made of tfhe Hosnital a dumping place for all sortsof people, ought tie officers whlose duty it is to enforcethe statutes, the product of the -wisdom of the legislativebodies, he censured therefor? If the Committee did notk'nlow it is quite time that they should be infrnned, that,no person can be bollicnitted to t1-e Hospital except upon.an order fronm a Court having jurisdiction; and when the-olrer;s imad (le and th e patient delivered, the Hospital au-

thorities m1ust reeiexe th emj. D)id the Committee intend]14< sv n 11 mm its -4 1f peoile" wxere duniprd theiO, to in-sinur-ite -thfat ti c Jundiciay of thins Vt`Ate mxwas ho a coiirm7tand inco-ni.'ietent? Thiat thie Co-t-its ofi mis n tate NvereQontr~::i ;c~rng 1-:21i i I' O Hul- ntie~c~

L:7i:J' n-iH'w-_t r< ofmh"ve ,a --lAether tile, IAc'ce m1:alueor net, Vi6 mH';u fe memnm0it o'f tlie Act to V itul re1ejl(-ue

; I:::-~~ionc~~rx :,P ~~? C- P o "stit~utionls desires to say: Tinat, if such a ns tlie intentionof th~e Coimuittee. toey wivcd it to the Legis~a-tue -ad thepeople to imake the charge definitely and in no uncertainterauis. The uste of innuendo is common in scandal picking,

1'1:i~i but belowv the dignity of representatives of the people.sandq. aspa uthec-p dia :oatefmn adeiveate cmfwypDpPr. Goodbred in his testimony w·hicih appears on page 19

said that in his opinion there were p-rer-soil ins flie-Hospi-tal~wjho did not belong in a "hospital for the insane."In th' Ie ntmment hie said, there were persons there suf-fering fromi "imbecility of old age," and that there were

a large ;ortioi of "epileptics." T)r. Randolph said thatin hris opinion, thle Hospital was not a "Hospital for theInsane," that "epileptics"l -rc getting drug treatment-nothting. more titan that."

Did those gentie ntcut mean to distinguish betw-een ma-

1727

sane perssons, and ion com"pos meutis, epileptics and per-sons of sec(nile infirmities of mind? And, so distinguish-ing, asser-t that thre latter p~erson had no place in "TheYloriia Hospital for the lIn -'e," under the laws of theState? If so, they have failed to discharge their duty asemiployees of the institution in not reporting the names ofsuch! persons to the Superintendent or the Board of Com-mws."ioners and recommending the discharge of such per-sons from confinement in the Hospital; and the Commit-tee failed to perform its duty in not placing the blameupon them and furnishing to the legislature the namesof the persons who are thus unlawfully deprived of theirliberty.

It is the policy of this State, as indicated by the Actof 1:'95 anlld am11endmuents thereto, and other statutes, thatall jisaine 1v"esons, whether such insanity is chronic or

tes who require confinement or mechanical resti-rint mprevent self mnjUPrv or violence to others, shaill be committ-ed to the Hospital.

The Board of Coninisioncrs of State Institutions is an-thorized by Section 853 of the Revised Statate-s to di I :ttthe Superintendent to admit into the Hospital any luna-tic, idiot or insane person, whose friends, parents or guar--dians are able and willing to pay for the care, cuEtody and-imaintenance-of such lunatic, idiot or insane person.s WNereany of this latter class amiong those who in the judgmeint of this Committee "should be at home with parents or rel-atives or in the county poor house (Although many coun-ties in thir; State have no rloot houses) infirmiarles, or freeto ear-n th.eir own0 living ?U

Did thre Committee intend by the above statement tofind fault with tha,, SCtate policy in this regard? Then, mhJayin time nlame of all that is decent and respectable, did theyby innuendo leave the impresion thzat thre Hospital authori-ties were responsible? The Iggislature of 1991, underHouse 'oneuyreunt Resolution No. 8, appointed a commit-tee composed of Hon. F. NVT. Sams, on the part of the Sen-ate, and Hon. Joseph Y. Porter and Hon. Frank McRae,on the.part of the Hiouse, to visit the State Hospital forthe Insane. That Commiit tee report may be found on pace r1148 of the House journal of 1901. That Committee said4'that the development of the institution during the pastten years, has been one of remarkable growth, and that

1 T2S

from a condition devoid of sy~stem and lacking in almostevery detail of comfort and safety for the unfortunatepatients confined therein, it has been brought up to a finestate oi efficiency and can by proper nurture and supporton the part of the Senate be madeiinmateslaras cmfwypon the part of tlhe State be made a credit and honor to the

tt'- Ilhumwane andl charitable tlhought of a grept and growingcommonwlealth."

Why has not that nurtue and support been given to itbi th e State? It is for the legislature to ansrwer. It waspointed out by the Committee that some of the buildingswere old government buildings, which during the walrwere used as government arsenals, and after the wvar wereused as a penitentiary. and since had been imperfeetlytransformed into an asylum for the insane.

The Committee also reported that "At the date of yourCotlnitttee's visit there were ninety epileptics, thirty-twoinlbeciles, nineteen idiots and twenty senile patients.Your committee submits that epileptics, idiots, feebleminded from senility and partly deformed children arenot and should not be a charge for the State's charityfor care and treatment for the insane and your Committeesuggests legislation on that line."

"Fnurther, "Your Committee is of the opinion that theilaws and statutes governing the commitment of the insanein thle State need revision."

The Comlmittee recommended thle anpointlent of acomm1ittee to sit "during the recess of the legislature forthe purlpose of considering the laws of the State of Flor-ila rleswectingp adjudping persons insane, and commllittingsaid adljuidgedl insane persons to the State Hos!pitall fortlhe TlnlsIne anld aflo to calrefilOly ilnquire into the manqage-wllent of tl'P State Hosprital for the Insane, and to make|reolml;ieud:ltiolns to the. next legislature of Floricda, oftle neepssii-ies of said hospital with a view of increasingthe facilities of care of thle inlmates and ilmproving and

uI~it. . treaftung of tl!eir ujent:'l condition and ;providing for theexpelnse of said commlittee." The Committee then closedits rel'ort by collimendilng the nworlk of the Superintendeatand Physiciann wlIoml the roard of Commlissioners of StateInstitutions had selected for tlhat most "onerols and dif-fienlt work; a work fraught with danger and demandingthe nmost careful exercise of discretion and good judg-ment," a duty which the Committee said had been mostearnestly and zealously performed.

1729 -

But the legislature of 1901 adjourned without havingmet the suggestions of the Committee anent the revisiolnof the laws governing the commitment of insane personsto the hospital, and appropriated only seventy thousanddollars per year for "current expenses maintenance of nlu-natics" notwithstanding the be-ennial report of the Super- iintendent of the Hospital for the Insane for the years1899-1900 shoved that expenditures for the Hospital, notincluding expenses paid upon vouchers which did not re-quire the Superintendent's approval were for the 1899,$80,484.60 and for the year 1900, $71,065.00.

The Superintendent in that report recommended that an"Epileptic colony should be instituted and a seperate de-partment to be used in the care of little children should be constructed." That report showed that the number of pa-tients wavs increasing; that the monthly per capita expenses of maintenance including "Salaries," "Board and ra-tions for all officers and employees," "Mules, horses, wag- lons, tools," "Expenses of going after and returning withpatients," freight and other incidental expenses including"repairs." But even this recommendation failed to directthe wisdom of the legislature into the channels of charity,whereby the inmates of the institution could have profit-ed by such accommodations and convreniences. The Board of Commissioners were powerless during those Iyears to provide the required changes and improvements. F

The expenses of the institution during the years 1901and 1962 were much in exceess of the appropriation. Thealllounts expended on accounts, payr rolls, transportation,

caslh incid3n2tnls, implSr-oelent. drullg's, farm, dairy, andichaplain w-e Efol t e year 19f1, $70,704.30, .nnd for theyear 1992, ; ,472.1S, nrJ appealis from the Slperintel-dent' s re oxl ffor those rears.

NTotw-itlrtanlding the econolmy which seemed to havepossessed tie-e legislature of 19i01, to the exclusion of thedemands of the Hospital upon the legislature's sense dif -duty towards the unfortuntates, the Boarcl nerell heless.continued to mlake some improvements in buildings and in-the matter of equipping the institution witll itilodernbath-tubs, toilets, heating apparatus and other conven-iences, which action the recess committee commended.

Your Committee referred to the presence of little chil-dren. of the young, the middle aged and the old men and!women, afflicted with all sorts of mental and physicajailments, and complained that they were "dumped into

I _

1730

the institution as indigent insane." MWhat did they expectto find in an institution devoted to the care, custody andmalinltenance of lunatics, idiots, non compos mentes andils;lile persons, wThose mental ailments came to themnfiolri various causes and invariably entail some more orless serious physical derangements?

Misfortunes of this kind is visited alike upon the oldand the youlng, the physically strong and the physicallyweak, the male and the female, and it hias been and is nowthe policy of this State to provide for their care and maintenance out of the abundance of its charity. But the leg-islature does not often rise to the standard of geerrosityrequiled1 to provide all -tie comlforts- and con-eiencnes-which the inmates of the Hospital deserve at the' Iocnds. ofIi el:ritable pleople, and -.ollietimes contents itself withadoptinlg the senseless vaporings of a comlllittee, who, for-getting its cluty to the people indulges in the notoriety-wrhiceh sensational stories bring.

D )id the Commllittee colmplain that "Little Childre!l'n"were dumpled in thle Hospital'? Then %ashy

|t 'did it inot plce thLe blamie on the legis-latillle of 1901, wihose Hospital Committee re-< .;vpoirtefd eIs follovs: "Your Committee strongly in-

i6 ' Fists that no one should be eommitteed or admitted to the/r; ~ institution for the care of the Insane in this State wlho is

ilmcuder teln years of age, or over ninety, or -is a harmllessidiot or an ilnbecile," but who failed to notice thle recom-

. { ziendiation? W'as the legislature of 1903 wrholly without-l'alt. wIhell it failedl to makle such provision by the enact-

. i smellt of such lawvs as w-ould hiav-e met the vierws of theCiomlmuittee of 1901? Is the present legislalture blameless,in thle judgllent of tihe Commlittee, seeing -that it has fail-'d 'ini to the presenlt molllent to makle such provision?

· ej . Tlh-lie r-ts Colmmittee alppointed by the Legislature of'19t1 wa-s co1mposed of EHon. F. XV. Samls, on tle part of the

I' SR!ennte, and Hon. XV. A. Fullton and Hon.-Joseplh Y. Porteron the part of the House, and early during the session ofthle legisllature of 1903 submlitted its report. That Coimllit--tee adotloted as nalrt of its report the report of the Commit-tee of 1901, and said further that "From personal observa--ion and inquliry, and also from reports and statements-of the Superintendent of the Hospital. that there are per-sons nonw in the State Hospital for the Indigent Insaneas patients theuein, gho although adjudged insane and

e- ~ nhave been committed as insane are not insane; that is to

LI.

I Z1

say, they are not bereft of reason, or of responsiblethougght and action."

The Committee, after stating that its purpose was to in-quire into the general conduct of the Hospjital, iSz nee,:and requirements, proceeded as follows: "The Commit-tee is of the opinion that although these persons may lbeof a lowl order of intelligence and may be indigent, yetthat they are not properly inmates of an institution de-signed and intended' for the care and treatment of insanepersons. The Committee believes that Ihose personsshould be excluded from an insane hospital anti Olaced inanother institution to be hereafter provided for by theState for the indigent of that class." The Conaniitteethen report certain findings, and make such sng:cstions inregard thereto as required the appropriation oif money 5Kthe legisl;ature to carnr into effect. It recommen~ckd ex-tenuit-e ininhmroveents which would secure ill!lw, A scieni - 4

tific methods, LIJTBERAL maanageoment. the l,)t't build- 5intgs and furnishings obtainable, competent a1na1 11ble pro- :,1fessRiqanlal an ri ;Udmnjule-a tive talent, th t ioigt-t he classedas skilled and expeit in characPter. Ch!ealpness in admi;l-istration xv wa deprecated, efficiency wa;-s urged to be the re-quirement at whatever coAst.

Th1e Coimmittee recommended thre remodeling of thebuildings, the putting in of an adequate water supplyfor protection against fire, for bath-ing purposes and toiletand sewerage; that provision be maode for separating the"Cr-urilmlh insane" from otter harmless patients. Theyfound thfat the general "Hlospital facilities for treatmentof ordinrv acute and other ailments which insane peJ"sons are as liable to equally with persons of sound rm indare not sufficient, nor are the W"ARDS NOW USED forthe purpose well equipped or arranged." Thiey said:"ThJis is dure to LO FAULT of the nupeiintendeht or thePhysician of the institution, but to a lack of appropria-tion by the legislature of funds fo r the purchase of instr- z-mlent and appliances wvhich the Committee deems abso-Intely· needful in a Hospital of this nature.?

Several reccommendations were made which dependedfor adoption upon suficient appropriations for the pnr-pose. The Committee then submitted certain "Bills forprop'osed enactment as follows:" c

1st. An Act to amend procedure in cases of supposedinsanity.

1732

2nd. An Act to provide a home for indigent epileptics,idiots, feeble-minded, etc.

3rd. An Act to provide for a Hospital for general pur-poses of sickness of an acute type, or other ailments notmentall at the State Hospital for the Insane.

4th. An Acet to provide separlate wards in State lospi-inl- tal for the Insane.

5th. An Act to provide for the appointment of gluardi-ans of 1ersons and property of insane persons.

Thle committee recommended the establishment of aCommissiop of State Charities and Correction, whichBoard should have control and management of the Stateinstitutions of a charitable nature. The Committee sub-mitted a form1 of the proposed bill. The Committee alsoreported that it was "Impressed from observation and otlh-er mea-ns wrhich it has acquired, that patients in the Insane

-V I~Hospital are kindly and humanely treated by both offlicersand attendants, and that every effort is made for comfortand hlappiness; therefore, any criticism of managementwhich the committee makes, it is desired shall be under-stood to be directed against faulty methods which aredue to the statute law-s and not against the officials of theinstitution."

j 1 'ns .rButt thle legislature of 1903 adjourned, having failed toacdplt a single one of the many recommendations mlade by

I 1:l ~the Comm!ittee for tbe comfort, scientifice and hlumane<; trcaflllenlt of the inmlates or tle separlation of the epilep-

tics fLroni othei s e r'wo are insane, or the esclusion of chil-,cLr1en t efl ( 1:- i old ,f1 esijons ove-r ninety years. Anaplj io ntionEl f ',,Y)O.(;l) per yer wi' as mnale for tlhe

z' S'.:-:E (if lla;&l? t 11 1e 'Of 01 cltticS." "'ie snrierinten-Cest'. Pe'ort si'ooL E tha- t the -l;ense for tlle yaa 10N03 wS

:I~ ~~ ~tS' -071 ', aud fri tlie year 1904a, $87,475.27. This ilcludl-ie- edt lie exAenoe of celrtain inprovemlents for tllose t-oDI . el~rs nlor nt"is to t1oE3,22S.9. ver-y voucher for e-very

dollar ot T-v Jich is in the Comptroller's office. The mes-saTe of COc-c- 1rnor Jennings called attention to thle Commlit-tee alnd tle el"orts -,hich it would submlit and to the Bien-niail lej olt of the Sulperinltendent for the years 1901 and1902. That report is hereby referred to and made a partof t:is doculment. It called attention to the wear o ce te.1of buildings and mnachinery; the crowded condition ofthe depar.ltlllent; the necessity for a steam heating plant,ice and cold storage plants; th]e necessity for an artesian

A

1733

well to supply drinking water; pointed out the danger tohealth from the use of creek water and urged the necessityof an appropriation sufficiently large to enable the man-agement to adopt the most approved medical, hygenic andmoral treatment, and asked for an appropriation of $175,-000.00 for the years 1903 and 1904.

Your Committee said that the inmates were "maintain-ed after a fashion at an enormous expense to the StateThis statement was made wholly without regard to thefacts. The message of; Governor Broward shows that theaverage number of patients treated for the year 1903 was717, and the average number treated for the year 1904was 759, which, said he, shows "an average for each pa-tient per day for 1903 of 33 cents and for 1904 of 32 cents.lHow could gentlemen, charged with the high duty of in- lvestigating and reporting upon the truth, make a state-ment so utterly at variance with the facts?- The legisla-ture of 1903 appointed a committee to "visit the State In-sane Asylum at Chattahoochee, Florida," under HouseConcurrent Resolution No. 1 providing "That a committee'of three, two on the part of the House and one on thepart of the Senate, be appointed to visit, investigate andreport on the condition, management and needs of theState Hospital for the Insane located at Chattahoochee,Florida. , X

This resolution was afterwards changed so that threeWere appointed on behalf of the House and two on behalfof the Selnate. Eons. E. }N. Dimnick and T. M. Scott werealpointed by the Senate, and Hons. Mr. K. Jackson, J. E.P4 lft.on end 1-i. J. Drane were appointed by the House.This. Committee visited the Hospital and presumably didits duty in the matter of investigating the affairs of the in-sti- Ution. caid never submitted a report.

Most of the evidence which your Comnmittee had beforeit covered a period anuedating the appointment of 1903.Mr. Grambling was in the employment of the institutionend so Teas Dr. Goddard. The latter left the Hospital :n *July. 1903, so that his testimony related exclusively to aperiod antedating the aprointment of the committee of1903. E

-That Coimmittee visited the Hospital. heard the testimno- ny of witnesses, among whomn were Mr. Grambling and a]Dr. Goddard and other employees; the Superintendent of-fered. when the Committee signified its intention to re-

Li

1734

turn to Tallahassee, to send any of the employees of theinstitutiion before the Committee at Tallahassee if the(Zommnittce desired. The Superintendent asked for a fulla cwmlete in-estigation, 3 et no report was made. Couldhave ay-thing hlave been very wrong with the manage-iment? DrI-. 6oddard's testimony then must have been the

Fsamte as that printed by your committee, but the Commit-ime of 1903 did not regnard it of sufficient value upon vhichto base a report.

Thirty-two cents per day for the maintenance of theinmates and yet the Committee said that was "an enor-mous expense." What a flagrant misuse of words! Withwhat reckless abandon they misrepresented the officialsin c !ire of the Hospital,! Enormious expense indeed!Ani o-I of the thirty-twvo cents the legislatures whichlutd :· 1 nbkd in this State expected buildings to be erect-eC, rS a 1erhi[n 1 dent, skilled physicians, attendants, nur-ses and other employees to be paid for their servicesHolm:.es, 11a ois, stock, wagons, farming implements, surgi.cal nlst~o'ueuts and apparatus to be purckased. Teeplu mllfi-, fm"rna(:cs, for steam beating, water works and otherCO_11WleI1lCUCC to be erected and operated; furniture and,clot-· o. 2 t o boe p -aid for; i-:eieiihncues to be bouglht and other

expen- s 'Lo be met. All of this the legislaltures heave ex-4Iecliel to be paid out of the thirty-two cents per daiy perpatient before gr7dceries could be purchassed for thire in-ma;tes.

Your Committee, however, had the assurance to criti-cize adversely the ]nanagement that accomplislhed thiswvorkc. Tile biennial report of the Superintendent for thevears 1903 and 1004 is hereby referred to and made a piartof this document. Under the hlead of "Improvemients" liesaid, ") ecunoumy in amuangeii-enlt we have been able toadod chinn this biennial term many improvements both in

s- :'ad ei1;iioid-nts,.` The improvements amoiantedli.. i.., ·?·~·to ;il oct inclulde so:jlne ex~jelnsns Ilcetirr-

ed a's the resu!t of the file. The Superintendent recoin-:a ild-l flLerftion of new buildings; advised that suchchenies be authorized that wvould more effectually separ-ate the races, and give the patients sufficient ground forexercise vards. That the new' buildings should be fireproof and provision mnade for steam heating. He called at-tention to the fact that the steam pipes now in use w-ouldhaive to be replaced with new ones, as the old ones were

1735

completely worn out; and other wise suggestions lookingto the improvement of conditions are contained in the re-port.

The Board of Commissions of State Institutions assertthat it is untrue that tihe Hospital for the Insane is a placewhere the inma,:tcs are "-aiaj.nt.imed after a fashijon at anenormious expense to the State." That if persons are coin-initteel to the institution for treatment w-ho, under tilelaws should not be commii tted, it is not the fault of the*Board. That, if sufficient accommnodations and conlvenien-ces have not been provided for the inuates, itis due to thefailure of the legislature in not making sufficient appro-priations therefor.

The Conmmnittee said that "No systematic or scientificI effort whatever has been made, or treatment given for therestoration of the mind. The sick and afflicted have notbeen given the necessary medical or other attention due orneedful foe their cure or restoration." In what particularsihave there been a lack of sy-stematic, or scientific effort ortreatment, for the restoration of the mind of the inmates?The Committee fails to jpoint out. -What conatitutes~sys-tenratic ,scientific trenatment is a miatter of opinion. That*ma-tter is left to the -phypsician. They have always beenfurnished bv tile Boa-,rd of C'v r sithl wh,-Iratevermed~~icines they required. a;r zmr--1 """ Ionsend isi-tienos have alwas beeen fl"Apf Ia: tl'mna' 1 1entent to thle ex-tenlt that tife altieoriatios wo;2 r;mt""t. 1Ime su'l tc-aentC LitLU)1¼5 that the sani i~ *-ou~tiOf the ilst-tntion was, the mDerest apology. ic nt a fair statemnlent, norwas it a truthful one. It could fot hfise been true duringhis terin of office, hetonuse he mN1,e nmo r.{)7lf1;l1llt ha -ever to his employers. the Board of Commissioners. Theonly comp7laint maside wvas by thre Board against him forpracticing his profession outside of the institution wthen -his whliole time was engaged and needed hr the State with-in the wvalls of the Hospital, after -which lie developed anantagyonism to the Superintendent, because, doubtless~, hiesupposed the Superintendent had informed upion him.

This witness's statement could not have related to thetime when he took charge ii January, 1902, because thatw)-ould be equivalent to saying that the administration ofhis predecessors. TDrs. Colson and Blocker, was inefficient. *

and that the management of Superintendent Trmimellwas-incompetent. He cannot in an effort to cast discred-it unjustly upon the Superintendent, involve such men as

1736

Dr. Blocker or Dr. Colson in disgrace, or disparage the ca-pabilities of a man like J. MV. Trammell was.

Besides, two legislative Committees, one in 1901 and therecess Committee wvlio reported in 1903, said "That the de-velopment of the institution during the past ten years hasbeen one of remari;kable growth and that from a condition

*E~r" devoid of system and lacking in almost every detail ofI: ; - comfort and safety for the unfortunate patients confined

therein, it has been brought up to a fine state of efficien-|; ~cy." It concluded by conimmending the earnest and zealous1' nmanner in which the work of both Superintendent and

Physician had been performed. It may be well to observethat the report did not relate to any part of Dr. Goddard'sadministration.

The statistics from the Hospital do not justify the con-clusions reached by the Committee. From 1897 to 1904,

+; , inclusive, the percentage of recoveries based upon the num-ber of inmates has grown from nine per cent t, to twelve

; '!; \and thirty-hlundredths per cent. The number of recover-",' ; ies based upon yearly admission has increased from twen-'-* ' ty-eight and fifty-hundredths per cent. to forty and nine

, ,| ~ tenths per cent. The death rate since 1897 has been about' '{ the same, ranging from 9.30 per cent. in 1897 and 13.67 per

;| , ; cent in 1898 to 11.11 per cent in 1903, and 14.05 per cent.i" in 19i4. tie death rate reaching the highest mark during

- * .*' Dr. Christie's administration.,i !,'' Dr. Goddard said he had no "equipment necessary to the

',] . lproper care and treatment of the inmates." He never;i j. imiace requisition therefor upon the Superintendent,nor did

.;' llhe ever complain to the Board that he must have and wasdenied proper "equipment." He said that his directions

.-: 2 yFi'n Aweie not carried out by the Superintendent~i "~"on account of instructions by those who were supposed

;- I to represent the administrative side." If he meant by thati ~' statement to insinuate that the Board had for some mys-

g }, ~ terious reason directed that his instructions as physiciani: U '* should not be carried out by the Superintendent, then his

statement was simply a low malicious falsehood, entirelyunworthy of belief, and his confession that he made nospecial efforts to benefit his patient's mental conditionis merely a criticism upon his own inefficiency.

Dr. Chlristie's statement was different. He said the Hos-pital was in fairl- good condition; that effort WAS made

B-r-s -to restore the mind- The general practice was to build up

I'

. 1737

the system and treat the mind as much as possible, thathis facilities were' not the best in tie world; thiat iie cou-aldmake out with the apparatus, (Dr. Goddard said there -was no apparatus.) When asked in what it was deficient, he said there wrere no "X Ray, electric batteries." it

II is not contended by the Board that the most approved jmodern hospital necessities and conveniences are in possession of the Hospital authorities, or that all the modern appliamnc-s and apparatus necessary to fully equip a col- .lege clinic are owned by the Hospital, nor is it contended that the highest degree of skill, experience, expertness and ability obtainable in the management of the Hospital for the insane and the treatment of mental troubles is now in the employment of the Board in connection with the Hos- p

pital; not has it been possible with the small amount of Lmoney appropriated by the legislature for that purpose. ;The amount paid the officers, physicians and employeesaverage less than ninety cents per day, which was equiva-lent to taking from the inmates ten cents per day of them 1unificieut sum of thirty-two cents per day per capita al-lowed by the legislature for their maintenance. Deduct-ing five cents per capita per day, for repairs and improvements leaves seventeen cents per day for food, medicine,and clothing per capita. With this pittance allowed by the legislature, it comes *with poor grace forthemn to sax that the scientific effort dis- *played at the Hospital in the treatment of insanity and the degree of skill and knowledge exhibit-ed by the alienists in the employment of the Board do notcome up to the standard required by such institutions forbest results. The Board asserts that the system adoptedat the Florida Hospital for the Insane and the scientificmethods used for the restoration of the minds of the in-mates is as perfect and thorough as could be obtained , with the limited means at hand. The Committee's report -J

to the contrary is unfair, unjust and wholly without justi- fication in fact. ;

The Committee said that there was evidence "that the ;management had been cruel, negligent and heartless in some instances; that attendants and nurses had beendrunk while on duty; have been brutal and inhumanly '

cruel to helpless inmates in some instances." If the Corn- mittee had manifested the slightest degree of fairness, /the miinutest -article of ingeniousn1ess in its investigation -

1733

-ld relport upjon the management of the Hospital, theaiove chiairpe -would delmand the most slerious considera-'tion Int theu , oard, butt it is submitted that any allegationdimec~r;itorv\- to one wh·lticah rest upon such- tterl, il :nsuffi-cient cvideuce as olfered in s-upport of the above chfarge,cannot arise above the level of slander, and thie Board

v 1*. '-( 6 L jtmtifie;lc-.d in treating it as base cahmunnly. WhatJ-I vied u ril:ou btin e Cor1mmittee that ]ustlfles

such a charge?Mr. Granalinhu who was in the employment of the in-

stitution for twvo years and eight mouths said that liethonught thle moral status of thEe attendants wetrizuot very -

good0, 1iu had seen them drunk. When asked if he knewof drunkenness on the part of attendants while on dutiy,he salid, "oily.), from hearsay ;" as to cruel treatment hesaid, there was to his belief, "q(uite a good deal," to hisknowledge, "very little;" lie said that one man "Ben Mor-ris" from Levy county was forced to work; that he -wasdragged by the feet until he promised to work; "SamCobb," a teimqtei, -was lifted b.v t ie neck two or tlhreetilfes; tbm t patients were hitched to iiagons and plowsand;~ rn do to do v Iat tno "hunman tlpcson should do." - HesO'di 11-111 R. FClhirik, S. H. Poythress and J. Mie. Dolan,

k llzrl::'a". ;i in tibe hait or ±-t-utaj dr-1unIk. Thle in-III e~;;,!;~ (ae w!.i~re i-.~:on-hich 0 to lonuid tht s'tatemenit, was

Vj~2 n u,-:1-, icu:ythrcs wa's aw'ay, t'~e bakter raid he was"-" I, at Imread in''a hurned once orni~ ""antl

-I - ,C itiliii·a I-an to so witloi "mnd that a Mrs. Parishd "I t?' i'pv r1'W 1 Not a sig'le nqmcitiou piropoimded cot'*i" inC nes-: w-as miet by a clear, direct and positive an-nV i; cin. l a ala-as repliedl -with what some one told him,

t' oar heC 118( heard or some beiicf wlich he chimedto e'lIertatin. This -witness w,,,as discharged in 190l. Theti -l, tij j-jixs to which lie pretended to refer, occurred, if

-t[ ai, rurring his eurploynwent. Yet not one time dlid heK, inan e'i~ or-t of them to the Board. If lhe was so base andxndiffercut, so callous, -unfeeling alnd disregardful of everysense of duty' as to conceal the alleged abuses, his state-t,-,enqs, if lhe had been underl oalth, wbhichll was net the case,slhoulid be at least regarded with susniicoion.

It is submitted that his statement uneorroborated is in1sufficient upon which to base so serious, so grave a chargeagain-st thle mna'genent of the institution.

The cerytificate of Pr. Christie as to tile cause of the

1739

death of Mrs. Parish, a patient from Citrus County showsthat she did not die from neglect Why did the Commit-tee not seek for corroboration of Mr. Gramling's state-ment? Why were not the attendants and nurses called and questioned? Why were not the ministers of the Gos-pel, one of whom has been attending the institution for -the past twenty years, who when engaged in the work ofreligious instruction to the inmates and employees, called and questioned as to their observation? Why was not theonly case of drunkenness referred to by Mr. Gramlingmore thoroughly inquired into? Why did the Committeereceive the hearsay statements of the witness, Gramling,and not follow them to the last source? Why was he not required to give the names of patients who were requiredto plow, and the circumstances under whichfi it was done,if at all? The only effort on the part of the Committee in this regard was made, when the witness was asked"How long did they plow the men?" His reply was, "I do not know," and then resorted to the unmanly expedient ofdodging behind the name of a deceased lady.

As to cruelty to . patients, Mr. Yarborough's statement shows that there have been dis- charges of employees for failure to performduty, and one or two for cruelty to patients, butdoes that show that patients have been "brutally and inhu-manly treated?" If an attendant mistreats a patient and .pIis discharged therefor, is it not proper to infer that themanagement is watchful of the treatment of the inmatesinstead of neglectful? He said if an attendant is harshunkind or cruel it is sufficient cause for dismissal, andthat rule is lived up to but "probably not as closely as itmight." The Superintendent cannot possibly witness ev-ery act of the attendants and nurses and must rely uponthe honesty and assistance of his associate officers; but ifthey conceal from him their observations like Mr. Gram- ,ling must have done, if this statement is worthy of any consideration at all, how is it possible for him to rectify i every evil?

From Dr. Goddard's statement, it appears that during A his employment, hlie had the exclusive treatment medically,of the patients. He claims to have had some evidence of cruel treatment of patients by attendants. There were,said he, "two or three or four or possibly a half dozen in- L1 S. B.

* : . !

'*-^

.- . ......... ... - 1740

stances that employees were discharged; and there were

several instances when the matter was reported and the

employees were retained." That loose, indefinite and un-

certain statement is used as a basis for the charge that the

management was cruel and inhuman. Did he so regard

m 'r- !uit? If so, why did he not report it? He served from Jan-

|uary, 1902, until July, 1903, during which time he had

*:sole charge of the treatment of patients, except when he

was practicing outside, yet he observed only "two or three

or four or possibly a half dozen" instancesin which patients were mistreated? Why was' he not asked to explain his reason for not

reporting them to the Board? He was em-

] ployed by the Board, and not by the Superintendent.

Why was not he required to name the parties who com-

mitted the alleged acts of mistreatment? The fact mighthave been revealed that he, himself, committed an attack

upon one of his own patients, which he also failed to re-

port to the Board. The attack may have been and doubt-

less was justified and probably could not appropriatelybe described as cruel. The circumstances may have war-

..,. : ranted heroic treatment from the physician; but it all

goes to show the necessity for a full, complete, thorough

investigation and the danger of drawing conclusions de-

° i l rogatory to one's character from the loose, equivocal, in-

sinuating statements from a person whose mind is charg-

I; ' ; : ed with the venoim of personal animosity.; ;} pDr. Christie, who was recently discharged from the hos-

pital because of a personal difficulty with the Superin-

tendent, was the next witness. He was employed by the

-{ ]i Board in July, 1903. He claimed that he was "like a

bump on a log about fixing the prescriptions" for patients;and thereby "hangs a tale" for it was this incompetency

with which he was charged by the Superintendent that

brought about the difficulty between him and his superior

officer, and made it possible for him to tell of cases of cru-

elty and mistreatment on the part of the attendants and

nurses toward patients, which during his employment he

could not reveal. Even when asked by the President of

this Board, if he knew of any such, denied that he knew

and said that he had nothing whatever to report. and this

, ,rf- only a few weeks before his discharge.

It may be as well to observe that during the witness'

incumbency of the position of physician, he was a candi-

1741

date for the position of his superior officer. Now he saysthat he observed some cases of drunkenness on the partof attendants; but he did not report them, even to Dr.Gwinn. He said he knew of cases where patients werecruelly and inhumanly treated. In the case of Mrs. Mer-cer, why did not the committee try and obtain the facts?There the name of the patient was given, and it was stated that the attendants who were charged with mistreatingher were still in the employment of the Hospital. Whywere not those witnesses to the alleged abuse of Mrs. Mer-cer called and required to make statements? It mighthave developed that there was a difference of opinion be-tween the doctor and a nurse who has had several yearsexperience as a trained nurse, as to wheth-er the hemorrhage was from the lungs or - Lthe lips. It was this very case which pre-cipitated the difficulty between Dr. Gwinn andDr. Christie. The former investigated Dr. Christie'scharge that the young women nurses had thrown Mrs. Mer-cer down and abused her. It would have developed thatshe was a large woman and a violent patient and that it'required three or four nurses to control her. It was oftennecessary to do so by force, and so it was upon the occa- 'sion to which Dr. Christie referred. There was neitherabuse, injury nor mistreatment. In her violent parox-ism of rage the patient bit her lips and blood came therefrom, which Dr. Christie said was a hemorrhage from thelungs. Dr. Gwinn did not believe, after hearing all thefacts, that those young women would wilfully, maliciouslyand from mere wantonness, mistreat and abusea hospital patient. He satisfied himself thatthere was no hemorrhage from the lungs, andso told Dr. Christie, who, deeming his standing as a phy-sician to be discredited, made a personal matter ofit with Dr. Gwinn, whereupon both gentlemen were asked for their resignations.

The case of Eugene Davis from Live Oak, was not fullyinquired into by the Committee. His brothers visited himseveral times at the UHospital and expressed themselvesas being entirely satisfied with his treatment. There wasno abuse of him; at times he was violent, and of coursehad to be restrained.

It is utterly untrue that there has .been at any time, inrecent years, instances of cruel and inhuman treatme-t I

WI-- 1

1742

of the patients, and the Board alleges that a full, fairand careful investigation will fail to make good the Com-mittee's report. The Board asserts that the Committee'sfinding in this regard is wholly sensational and utterlywithout foundation in fact.

*B^Ti- ~ The next charge made by the Committee is "The very'!~ ~ atmosphere of the institution has been scented with vice

and immorality, to the extent that even inmates have begg-ed and pleaded for release on account of it, and citizensnearby have felt outraged by it."

~~~~! ; This cruel, harsh attack upon the chastity of the femaleI,;~~ ~ attendants and nurses at the hospital is unsupported by~~~~i ~a single word of evidence. It seemed to have been begotten

-- '"**in the evil minds of those who would impute a lack of vir-['^H ! ^ tue to a lady who, in company with her escort, takes an

k;.j i ~ ~ evening stroll. The charge made by the Committee is the.PJH ": product of minds which believe that a woman sells her

iJJH I virtue when she consents to toil. This ungenerous allega-,Hj i ' 'tion of the Committee the Board deems unworthy of a re-

ply and contents itself with the statement that it is un-^H j :' . true, vicious, scandalous and outrageous to the point ofaH l .,! *criminality.> j ;]" ' The white women employed at the Hospital are withLB j .;~ 'one or two exceptions citizens of Florida, they come prin-

^H j . : !cipally from Gadsden and the surrounding counties, andare from as nice families as may be found anywhere in

* j~I, ; 1 ;the State.H ;j ], ~ Dr. Goddard's insinuation that the moral status of the

B *l' '; ~ attendants was not high, saying, it "was as good as couldIllH~ ; ibe expected from that class of people," is insufficient upon

^H uj 'l- :which to base a charge like the one contained in the re-i:B l , port. Particularly is this true when the testimony of Dr.

i l ! ; Goddard shows him to have been guilty of misconduct and* , dereliction of duty in not making complaint to his employ-

ij !; i ers of the conditions about which he spoke, when theySt ' J - ~ came to his attention. This callousness and disregard

for his plain duty and moral obligation renders him but anindifferent moral critic. The statement of H. H. Spearwas purely hearsay. He said that he had heard expres-sions that were detrimental to the morality of the institu-tion. Upon such utterly worthless evidence, the commit-tee who were supposed to have at heart the interests of

^_p;.?- ~ the State, who were too modest to have published someJ I~ ~ of the evidence, which they say was unfit for public print,

1743

who pretended to a high degree of virtue as public ser-vants, and pretended to do their duty without "fear orfavor free of whitewash or prejudice," showed themselveswholly deficient in the very first of Southern manly vir-tues, and published without cause or evidence an attackupon the chastity of woman and sought to place under theban of suspicion the female attendants and nurses at thehospital, who doubtless have sought employment thereas a means by which they might aid their parents in themaintenance of the home. The Board of Commissionersof State Institutions denies that there is any truth whatso-ever in the committee's report so far as this allegation isis concerned.

i The balance of the Committee's report, appearing on pa-ges four and five, consist of allegations of a general natureembraced in those already discussed in this document andrequires no further reply.

The report of the Committee as to certain "Wards" inthe Hospital is a mere rehash of the reports of the Superin-tendents for years past, in which they urged upon the le-gislature the necessity of appropriations sufficient to

* make the necessary repairs and improvements.The remainder of the report contained on pages seven,

eight, nine and ten of the journal, is a mere plagiarism,* it being a verbatim copy of the report of the Recess Com-

mittee appointed by the legislature of 1901 and made tothe legislature of 1903. The purpose of which being tourge upon the legislature the necessity for favorable con-sideration of the propositions to enlarge and improve thebuildings at the Hospital and the placing therein of theconveniences that would minister to the comfort and hap-piness of the inmates. As stated herein the Committeeof 1901 directed the attention of the legislature to theneeds of the institution and commended the management.It recognized the fact that the legislature is responsiblefor the lack of conveniences, comforts and necessities thatwould make the life of the inmates easier to bear. That committee appreciated the fact that it was a preposterousproposition to provide by law for the payment of fortycents per day per capita, to sheriffs and jailors for the"feeding" of county prisoners, and to provide in additionthereto, at the expense of the county, a place in which toconfine them and to supply all their clothing and necessa-ry medicines; while providing only thirty-two cents per

, . . . '~~~

1744

day for the maintenance of those "poor, helpless unf rftn-

nate inmates," whose frailties of mind and impoverishedcondition make them a charge upon the charity of the

State, and expect the management to save enough out of

that munificent fund to pay salaries of officers and em-

ployees, repairs and improvements, medicines and surgi

,~CT'~ .cal apparatu: and all other eici risse; in ani about the

maintenance of the Florida Hospital for the Insane.

|I~ ~ All of which is respectfully submitted as the reply tc

I| ~the report of your Committee of those whom the people

of this State have intrusted with the nlanagement and

control of the Hospital for the Insane.N. B. BROWARD, Governor,H. CLAY CRAWFORD, Sec. of State,

11.~~~~ ~~W. H. ELLIS, Attorney General,l~~~ ' ~~A. C. CROOM, Comptroller,

W. V. KNOTT, State Treasurer,B13. E. McLIN, Corn. of Agriculture;T;V. M. HOLLOWAY,

State Sup. of Pub. Inst.,

I (.~ Constituting the Board of Commissioners of State Insti-; 1 tutions.

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