~r 581 - archive.flsenate.govarchive.flsenate.gov/data/Historical/Senate...

^ ~r 581 " „581

TUESDAY, MAY 9, 1905.

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

to their names:

Mr. President, Senators Adams, Bailey, Baskin, Blount,Canova, Carter, Clarke, Crane, Crews, Crill, Faulkner,Gillen, Harris, Humphries, Jackson, Lee, McCreary, New-lan, Raney, Sams, Scott, Stockton, West, Wilson, Zim.26.

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

Mr. Crill asked that the Sergeant-at-Arms be excusedfor the day on account of sickness.

The request was granted.

INTRODUCTION OF BILLS.

By Mr. Faulkner:

Senate Joint Resolution No. 256:A joint resolution proposing an amendment to Section

nine (9) of Article sixteen (16) of the Constitution of theState of Florida, relating to criminal prosecution, asamended in 1894.

Which was read the first time by its title and referredto the Committee on Constitutional Amendments.

By Mr. Canova:Senate Bill No. 257:A bill to be entitled an act to require the return of the

pro rata portion of license tax paid by any dealer inspirituous, vinous or malt liquors in any county or elec-tion district where an election is held under the provis-ions of Article nineteen of the Constitution of the Stale

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of Florida, and the sale of such spiritnous, vinous or imaltliquors are prohibited, after the issue of such license.

Which was read the first, time by its title and referredto the Committee on Finance and Taxation.

REPORTS OF COMMITTEES.

Mr. West, Chairman of the Committee on Corporations,submitted the followming report:

Senate Chamber,Tallahassee, Fla., May 9, 1905.

on. Park M. Tranlmell,Presid1ent of the Senate.

STR-Your Committee on Corporations, to whom wvasreferred-

House Bill No. 151:A bill to be entitled an act authorizing thecity of

Ocala, Marion County, Florida, to combine certain officesof the city of Ocala, and granting to said city the rightto fix the term of office of its officers, and defining thepower of the city council in relation to the issuance of

.1 o 4 ~scrip and borrowing money.Have had the sanme under consideration and recommend

that it do pass.aVery respectfully,

; i~~~~~~ , ~~T. F. WEST,";~~~~ ! ~~~~Chairman of Committee.K2 -Xai sAnd House Bill No 151, contained in the above report,

was placed on the Calendar of Bills on second reading.

Mr. West, Chairman of the Committee on Corporations,submitted the following report:

Senate Chamber,l, iTallahassee, Fla., May 9, 1905.

zLt mr pc·Hon. Park Al. Trammell,SIR-Your Committee on Corporations, to whoom

was efere ed-EHouse Bill No. 210:

Ij i A bill to be entitled an act to amend Section four (4),p>~~ ? of Chapter 4057, Law-s of Florida, being an act to incor-'4:~~ ~porate the torwn of W'illiston, in the county of Levy, ap-

proved June 2, 1897.s.,5

583

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

Very respectfully,T. F. WEST,

Chairman of Committee.And House Bill No. 210, contained in the above report,


Mr. Gillen, Chairman of the Special Committee to visitthe Soldiers' and Sailors' Home at Jacksonville sub-mitted the following report:

Tallahassee, Fla., May 9, 1905.Hon. Park M. Trammell,

President of the Senate:DEAR SIR-The Joint Committee of the Legislature

appointed to visit the Confederate Old Soldiers' Home,located at the City of Jacksonville, Florida, beg leave toreport as follows:

On the 1st of May, 1905, we visited the Home which islocated on the St. Johns River in the suburbs of the Cityof Jacksonville. The house seemed to be in a good state ofpreservation. Eleven old soldiers were found to be partak-ing of the hospitality of the Home, and those seemed to becontented and happy. One of them, a Mr. Daniels, informed your committee that the tract of land on which theHome and a few houses are located comprises ten acres ofland. The most difficult thing with which they have tocontend, seemed to be, as cited by the gentleman referredto, the obtaining and cutting of wood. They keep a horseand wagon and have a good vegetable garden. We fin'lseveral of the old veterans sick in bed.

We, your committee, think and recommend a thousanddollars be appropriated per annum for their support anda few necessary improvements, etc.

Respectfully submitted,GUY GILLEN,

Commllittee on part of Senate.H. H. ALFORD,J. P. WALL,

Committee on part of Eorie.

Mr. Scott, C'haillrman of the Committee on Enroll-ed Bills, submitted the fol!owing report:

Senate Chamber,Tallahassee, Fla., Mlay 9, 1903.

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

SIR-Your Committee on Enrolled Bills to whom wasreferred-

An Act extending and enlarging the territorial limitsand the powelrs of the city of Gainesville, a municipal cor-poration organized and existing in Alachua County, Flor-ida, and providing for the exercise of those powers.

Also,An act to protect sureties.Have examined the same and find them correctly en-

rolled.Very respectfully,

T. M. SCOTT,Chairman of Committee.

Thle acts contained in the above report were ordered re-ferred to the Joint Committee on Enrolled Bills.

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

Senate Chambelr,Tallahassee, Fla., May 9, 1905.

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

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

Senate Bill No. 105:A bill to be entitled an act for the relief of J. L. Horsey,

AlM. n., and comlpensating him for services rendered asngent of the State Board of Health at the city of Fernan-dima,. Nassau county, Florida.

* Al.so,Selunte Bill No. 292:A lbill to bie entitled an act for the relief of Mrs. )Marv

Eiz;a etih DIiclkisol. widoy: of the lillellted General J. J.Dick i on.

4, Also,: fSe-nate Bill No. 251:

-; bII t, be entitled an act for the relief of Alachuacountv.

Also,Senate Bill No. 255:A bill to be entitled an act for the relief of Hillsborough

.county.Also,House Bill hTo. 130:A bill to be entitled an' act for the relief of Bradford

County, Florida.Have had the same under consideration and recommend

that they do not pass.Very :espectfully,J. H. HUMPHRIES,Chairman of Committee.

And Senate Bills Nos. 105, 239, 254, and 255, and HouseBill No. 130, contained in the above report, were placedon the Calendar of Bills on second reading.

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


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

SIR--Your Committee on Claims, to whom was re-ferred-Senate Bill No. 180:A bill to be entitled an act for the relief of H. S. Mat-

tox, B. G. MeDonell and S. S. Mattox.- Have had the same under consideration and return

same to the Senate herewritl without recommendation.Very respectfully.J. H. HUMIPHRIES,Chairman of Committee.

Anad Senate Bill No. 180, contained in the above report,was placed on the Calendar of Bills on second reading.

hMr. Humprllies, Cllairmanl of the Committee on Claims,submitted the following report:

- S~~~~~~~~~enate (7h:,llllP oTallahassee, Fla., May 9, 1905.

-Hon. Park M. Trammellp.Pi e.,?id7t of the "Rcnalc

STR-yTotl Committee on Clahimls, to whom was refer-e-red,

586

House Bill No. 67:A bill to be entitled an act for the '-lief of John Y.-/ ~ ~~~~~Detwiler for services as fish commissioner.Have had the same under consideration and recommend*

that it do pass.LVery respectfully,J. H. HUMPHRIES,



Mr. Scott, Chairman of th!e Joint Committee on Enroll-ed Bills, submitted the following report:

Senate Chamber,Tallahassee, Fla., May 9, _1905.

Hon. Park M. Trammell,President oy: the SReln'ate.

SIR-Your Joint Committee on Enrolled Bills to whomwas referred-

An Act extending and enlarging the territorial limits:and the powers of the city of Gainesville. a municipal cor-poration organized rind existing in Alachnam County, Flor-idea. ,and providing for the exercise of those powers.

Also,An act to protect sureties.Have examined. the same and find them correctly en-

rolled.Very respectfully,

T. L. SCOTT,Chairman of Committee.

Toie oct containsd in the above report were referredto 41 eT 1- i',J-t Co'v"-ii toe on Enrolled Bills, to be conveyedto the Honuse of Roprozdntatives for the signature of the-Su!e !:lotI-r nd Ct f C'inrik thereocf.

'5, .fIX. q1 -~, c-iq n of th!e' Joint CommTnittee on En-

IF ~~~~~~~~~~~~~~Se-nate. Ch'aunber,

Hion. Pafr~~ nIc T nflnlln~:!, Tliaiatat sa la.., Pv 9, 1095.74.. P z Trani-l, 2 the nc tc:

STIB-Your Joint Committee on Enrolled Bills, to;·I m whom was referred-

31I

587

An act to amend Section 36 of Chao)ter 5106. TLaws ofF!Iowlda, being "Aln .iet lli')sing license and other taxeJsproviding for the payment thereof, and prescribing pen-alty for doing business wvithout a license, or other failulreto comply wvith the provisions thereof," approved June-9th, 1903.

Also;An act to amend Section 87 of the Ch:lrter of the City

of Pensacola. relating to the Chief of Fire Department.Also,A memlorial to the Congress of the United States asking

for an appropriation for Black Water River, in SantaRosa county, Florida.

Also,A conceurrent resa-lhtion requesting the Congress of the

United States to appropriate money for deepening tlhlewater at the head of Charliottee Haarbor and in front ofPunta Gorda, and for deepening the mouth of Challrlot(-eHarbor at Boca Grande.

Also,An act regulatirZ the running of antomobiles or motor

vehicles on the public roads or highways in the State ofFlorida.

Also,An act extending and enlarging the powers of the City

of I)avtona, a municipal corporation organized and ex-istina in Volusia countv, Florida, and providing for theexercise of thio-e powers.

Have examined the same and find them correctly enroll-ed.

Very respectfullv,T. M. SCOTT.

-Chairman of Comlmittee.

The acts contained in the above report were orderedreferlred to the Joint Committee on Enrolled Bills, to beconveyed to the House of Representatives for the signa-ture of the Speaker and Chief Clerk thereof.

5 771~~ HSr. Harris, Chaiirnl!n of the Committee on JudiciarSy,-submitted the followving report:


Hon. Park M. Tranimell,_=--~~~~ President of the Senate:

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

House Bill No. 75-:A bill to be entitled an act to amend Chapter 4975, Laws

of Florida, entitled an act to establish a. standard ofweig;hts and measures of the State of Florida, approvedMay 30, 1901.

Beg leave to report that they have carefully consideredthe same and returu it herewith, without recommenda-tion.

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

And House Bill No. 75, contained in the above report,~ii,~ 1was placed on the Calendar of Bills on second reading.

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

21~~~~~~ ~~~Senate Chamber,Tallahassee, Fla., May 9, 1905.

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

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

Senate Bill No. 213:A bill to be entitled an act to reolnire certain wills to be

reeordedl to be valid, and effectual, as against purchasersfrom the heirs of the devisor, for value and without notice.

ti.-~~ ;Beg leave to report that they have carefully considered-the sale and recommend the adoption of the following_81a amendline!lt:

In l Sect-ion one. line nine, after the word "devisor," in-_ li~ b sert the followin:ii-~~~ ;"In all cases in whlich a devisor shall have died before15' ~ktthe tak ing effect of this act, a record of the will made by

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;him shall be effective as against purchasers for value andwithout notice from the heirs if such record be made

-within c-ne year from the taking effect of this act or beforethe right of such purchaser shall accrue."

And that the bill do pass as amended.Very respectfully,

W. HUNT HARRIS,Chairman of Committee.

And Senate Bill No. 213, contained in the above report,-together with the amendments, was placed on the Calea-dar of bills on second reading.

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




House Bill No. 113:A bill to be entitled an act requiring notaries public to

have their appointment entered in the clerk's office of thecounty in which they reside and prescribing a fee therefor,and requiring the county commissioners to furnish a bookfor that purpose.

Have examined the same and recommend that it do notpass.

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

And House Bill No. 113, contained in the above report,was placed on the Calendar of Bills on second reading.


Senate Chamber,Tallahassee, Fla., May 9. 1905.

Hon. Park M. TrammelllPresident of the Senate:


^ - ~~~~~~.8

~i~tI~* 590

Senate Bill No. 214:A bill to be entitled an act to requqire a statement of/ the time and place of the killing or injury of live stock.

and the amount claimed therefor, and of thle character ofthe stock killed or injured on the commencement of ac-

railroad in this State, and regulating the, practice in

Have examined the same and recommend that it do,pass.

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

And Senate Bill No. 214, contained in the above report,.was placed on the Calendar of Bills on second reading.

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

Senate Chamber,Tallahassee, Fla., May 9, 1905..

H1on. Park M. Trammel],President of the Senate:


House Bill No. 53:A bill to be entitled an act to prescribe the compensa-

tion to be paid jurors and witnesses serving in the severalcircuit courts and criminal courts of record of the Stateof Florida.

Bek< leave to report tbat they have examined the same,and recommend that it do not pass.

Vlery resnpetfufllv.W. HUNT HARRiS.Chairman of Committee.

i' r'? Foi7r!e 71ii iTo. 53. coaired in the above report;.wcw pa tc-ed on the Calend'tmr of Bills on second retading.

fvT>I i r,'is.Cha·ipn an of ilia Committee on Judiciary,

suim ttcti the £&1 iwir rrport

Tzallalizsee, ~Fla., May 9, 1905.liar .l~~~rh 44v110`,- 41 frf~ -?

STE-W-our CoL:m1ittee on Judiciary, to whom was re-ferredi-

591House Bill No. 61:A bill to be entitled an act relating to binding wit-

nesses over by justices of the peace and county judgeswhen sitting as committing magistrates, to appear beforethe grand jury.

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

In Sect on three, line one, strilke out the word "habit-ual" and insert in lieu thereof the words "intentional (,rcontinued."

And that the bill do pass as amended.Tery respectfully,AV. HUNT HARRIS,Chairman of Committee.

And Honiwe Bill No. 61, contained in the above report.togeller with the amendment, wias placed on the Calen-dar of Bills on second reading.


Senate Chamber,Tallahassee, Fla., May 9,1905.

HIon. Parl M. Tra1mmell, ePrecsidenlt of the Senate:

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

Senate Bill No. 252:A bill to be entitled an act to ailend Section 1 of an

act entitled "An act to lrequire railroad companies in theState of Florida to fence their track;s, to provice the timeand imanner in whichl fence shall e construclted, a'd toprovide a yelnalty for failur'e so to do, and to plovide themeaosure of dalmanges for cattle killed or inifdref by trainsor eniniles 1n railioads Inot fenced, anid lprovidiag for thepaymielnt of attolrneys' fees and doluble dauages, for thlekilling oor illjury to domnestie Eive stlck undlmer c-ertai eon-ditions by l-lthe ompanltnies refusing or neglectijr to fencetlreir roads as reuired."' aplproved June 5th, 1S99, beingChaplter 4706. Laws of Florida.

Have examined the same and recommend that it dopass.

* ~~~~~~~/ ..... Very respectfully,Wi. HUNT HARRTtIS,Chairman of Committee.

i [5692 I, 5

And House Bill No. 252, contained in the above report,-I 'was placed-on the calendar of bills on second reading.

M-r- M. Harris, Chairman of the Committee on Judiciary,submitted, the following report:




Senate Bill No. 203:A bill to be entitled an act to fix and provide for the

fees and compensation of county judges for taxing androwP"""~ ; ,reducing to writing, testimony in causes and matters in

probate.X^K. * ] ; Have examined the same and recommend that it do not

pass.*j Very respectfully,

; J ~~~i~~ ' : W. HUNT HARRIS,^RJ'''s~~~ *;~ ~Chairman of Committee.

S ~ ~j .!'~ .And Senate Bill No. 203, contained in the above report,.Hgm i' . ~was placed on the Calendar of Bills on second reading.

aid , ~~Mr. Harris, Chairman of the Committee on Judiciary,

T;U ~,;^ : submitted, the following report:I,/~~~~~~~~ ^j Senate Chamber,

-l ~~ : !l~~~ l'~ ITallahassee, Fla., May 9, 1905..Hon. Park M. Trammel],

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

ferred-B 0i]' ! 1 House Bill No. 54:ft9J;^ K~ ~ A bill to be entitled an act to provide for the payment

lll.'i ' of costs in cases of commitment trials before countyjudges and justices of the pence.

Have examined the same and recommend that it donot pass.

Very respectfully,W. HUNT HARRIS,

Chairman of Committee.

II ~ ~ ~ ~ ..

593:

And House Bill No,.54, contaihned:in the above report,.was placed on the Calendar of bills on-second reading..

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

Senate Chamber,Tallahassee; Fla., May 9, 1905..

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

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

House Bill No. 207:A bill to be entitled an act to amend Section three of'

Chapter 4225 Laws of Florida, being an act entitled anact to establish a criminal court of record in the countyof Hillsborough, Approved April 10th, 1893.



Chairman of Coinmittee.And House Bill No. 207, contained in the above report;

was placed on the Calendar of Bills on second reading..

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


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

SIR-Your Committee on Judiciary, to whom was referred-

Senate Bill No. 244:A bill to he entitled an act makingit unlawful to em--

ploy females in any house or place where intosicati3lgliquors are sold;

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

In Section one line two after the words "Bar-room" add;the words, not connected with a hotel.

And that the bill do pass, as amended.Very respectfully,

W. HUNT HARRIS,Chairman of 'Committee,

594

And Senate Bill No. 244, contained in the above report,together with the amendments, was placed on the Calen-.dar of Bills on second reading.





Senate Bill No. 234:A bill to he entitled an act to amend an act giving to

counties certain rights of eminent domain, being Chapter5230, approved May 13, 191)3.


Very respectfully,WN7. HUNT HARRIS,

Chairman of Committee.And Senate Bill No. 234, contained in the above report,

w)as placed on the Calendar of bills on second reading.

Mr. Harris. Cha!nirman of the Committee on Judiciary,subinitted the following report:

Senate Chanmber,Tallahassee, Fla., Mlay 9, 1905.

Hon. Park M. Trammelc,Plesident of tIhe Senate:

SITr,--Yoiur Comifttee on Judiciary, to whom was re-fervel-

M To~~~~~~cn~z r~~ i. 19;-i:SeInat-e Pill N 195) bill to Pc', c tnfled an acit to legalze the election held

in tlhe cit-% of A rc,' 1 '' on the 6th day of April, A. D.lI 9(1 tbv ctmm lt o an affirtive vote of two-thirds ofthe electo-ovs votLiO lit the said! election, wvhether or notthe bonds vi OosC1 h- by an or linance, entitled "An Ordi-nanc~e to prO1 idee for the issiding of bonds by the city ofArcadia, ,nd for the expendcliure ahnd disbursing of fundsreceived from the" sale of bownds," passed by the council ofsaid c~i-t· on the 7-th day1 of February, A. D. 1905, and ap-proved by thie mjj"ror of salid city on the Sth day of Feb-ruary, A. D. 1905 should be authorized and issued, and

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to 'declare and lender valid and legal said election andnotice thereof, and the result as shown by the returns;thereof and declare and render legal and valid said ordi--nance and to authorize the issue of bonds as provided bysaid ordinance.


TVery respectfully,W. HUNT HARRIS,

Chairmlan of Comtnittee:And Senate Bill No. 195, contained in the above report;


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

Senate Chamber.Tallahassee, Fla., May 9, 1905.

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

SIR-Your Committee on Judiciary, to whom was re-ferred--Senate Bill No. 241:A bill to be entitled an act to regulate the transporta-

tion f liv-e stock. and to' provide penalties for the violi-tion thereof.Have examined the same and recommend that it do not

pass.Very respectfully,

W. HUNT HARRIS,Chairman of Committee.

And Senate Bill No. 241, contained in the above report.was placed on the Calendar of Bills on second reading.

M%. Harris, Chairnlan of the Committee on Judiciary.submitted the following report:

Senate Chamber.Tallahassee, Fla., May 9,1905.

Ffon. Palrl- MI. Tramnlll ,PPreTimlent of the trnrarte

SfIR-Your Committee on Judiciary, to whom was re-ferred- House Bill No. 64:A hill to he entitled an neact to amend Section two, of

Chanter 4147, as amended by Chapter 5139. of the Lawsof Florida. relating to permits to carry firearms.

39 S. B.

j ~:: 596


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

And House Bill No. 64, contained in the above report,was placed on the Calendar of Bills on second reading.

Mr. Harris, Chairman of the Committee on Judiciary,l; * *iubmitted the following report:



*^5 . ~SIR-Your Committee on Judiciary, to whom was re-ffi! ~ ferred-

AIC z Senate Bill No. 212:A bill to be entitled an act to fix the fees of sheriffs for

l(;. ' removing prisoners to and from jail.* -Have examined the same and recommend that it doE1'r ' ' i pass.

'd? ~ ,1;~ pass. ~Very respectfully,¢g^~ ~~ W. HUNT HARRIS,

Chairman of Committee.9''; .i And. Senate Bill No. 212, contained in the above reportf~it ~ ' was placed on the Calendar of Bills on second reading.

| ~ ' ~ Mr. Harris; Chairman of the Committee on Judiciary,l -'~ ~ submitted the following report:

Senate Chamber,;;.r~~~~~ ~~Tallahassee, Fla., May 9, 1905.

(.;f : iHon. Park M. Trammell,K^~~~ : ~~President of the Senate:

'f ~ ; ~ SIR-Your Committee on Judiciary, to whom was re-r; i, ferred-

j|t .' ~ Senate Bill No. 171:|j~f.~ ~A bill to be entitled an act to amend Section 2125 ofi'?t , ~the Revised Statutes of 1892, as amended by Chapter 4169*. 5 j of the Laws of Florida, approved May 2, 1893, relativei~:|: - to the issue and delivery of letters patent incorporating

.i 'corporations for profit.

i'I,I v

597


Very Respectfully,W. HUNT HARRIS,

Chairman of Committee.And Senate Bill No. 171, contained in the above report,

was placed on the Calendar of Bills on secondrealing.


Senate Chamber,Tallahassee, Fla., May 9,1905.



House Bill No. 11:A bill to be entitled an act to require street car compa-

nies, and others in this State, to furnish separate cars ordivisions for white and colored passengers, to require saidcompanies, and others, to keep white and colored passen-gers in their respective cars or divisions; to give con-ductors and employees of said companies police powers;and to provide penalties for the violation of this act.

Beg leave to report that they have carefully consideredthe same and recommend the adoption of the accompany-ing substitute in lieu thereof, with the following title.

A bill to be entitled an act to provide for the separationof white passengers on street cars from negro passengersthereon.



together with the substitute, was placed on the Calendarof Bills on second reading.




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

598

House Bill No. 121:A bill to be entitled an act to amend Section 3066 of

the Revised Statutes of the State of Florida, relating to~--,~ ~ contractors giving bond and to validate certain bonds

heretofore taken and approved by the Board of Commis-sioners of State Institutions in connection with leasingState prisoners.

IMBELZ-i" RHave examined the same and recommend that it do notpass.

Very respectfully,-W. HUNT HARRIS,

Chairman of Committee.And House Bill No. 1.21, contained in the above report,


>i~ ~ Mr. Harris, Chairman of the Committee on Judiciary,F ~; 'Z ~ submitted the following report'

Senate Chamber.Tallahassee, Fla., May 9,1905.

Hon. Park M. Trammell,\1 1~~., ~President of the Senate:

SIR-Your Committee on Judiciary, to whobh was re-i^ ~ ferred-,~i l ; $Senate Bill No. 204:

A bill to be entitled an act to enable any county in theState of Florida in which the records, or any material

ti ~ part thereof, concerning the title to property, have been-;~ ' , destroyed by fire or other causes, so that a connected

; i,~~ ~ chain of title cannot be taken therefrom, to acquire bv^ - .j ~ condemnation any abstracts, copies, minutes, extracts,:; Ill,~ maps or plats, made from such records, or copies thereof,

fo- the nublic use as part of tlihe public records.Beg leave to return the samjue herewith, with the request

y1^ , ~that two hundred copies of the same be printed and thebill returned to this committee.

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

Mr. Harris moved that the report of the committee onSenate Bill No. 204 be adopted and that 200 copies of thebill be printed;1'and the bill be returned to the committee.

Which was agreed to. I I '* *. . : *it. k .

599 !-

•r. Harris, Chairmanii of--the'Committee on Judiciary,spbmitted the following report:

.. ,,-'. -' Senate Chamber,Tallahassee, Fla., May 9, 1905.

Hon. Parlk M . Tainmelel 'President of the Senate:

STR--Your -Committee on Judiciary, to whodm was re-felrled-- -

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

tion by the several counties of the State of Florida, ofthe funds arising from and apportioned to the said severalcounties from the hire of State caonvicts.

Hrave had the same under consideration and recommendthat it do pass,s with the following amlendmlents, to-it:

Strike out all of section 1 and insert in lieu thereof thefolloying.

S2' Wion 1. Tlhl-t tlhe fund arising from the hire of StateCOIIu'ifs, and appropriated to the several counties of thisStatie, s¼1ll be credited by the Board of County Commis-sioners to tIe sehool fund, tie fine and forfeiture fundl or

-co mzil other regular county fundl, as 1may be deelmed prop7er in tlhe discretion of the Board of County Comlmission-ers.

\Tery respeectfllyl,A'W. HUNT HARIiS.(raizrnian of uciimiiic '

Aind House Bill No. 19, contained in tile above report,together with theialellellenent, iwas placed on the Calen-dar of Bills on second reladcling.

Mlr. 8( stt, Chairmau of the Joint Committee on En-

rolled BAils submitted the followving repcr'::Senate Chalber.

Tallahassee, Fla., May 9, 1905.Hon. Park M. Tramnell,

Presidellt of the Senatc.SIR-Your Joint Committee on Enrolled Bills, to

whom was referred-An Act extending and enlarging the territorial limits

and the powers of the city of Gainesville, a municipal cor-poration organized and existing in Alachua County, Flor-ida. and providing for the exercise of those powers.

also,

cooAn act to protect sureties.Beg to report that the same has been duly signed by the

Speaker and Chief Clerk of the House of Representatives,and S herewith presented to the Senate for the signatures

~- =~- ~ of the President and Secretary thereof.Very respectfully,

Am T. M. SCOTT,~~~~~~~~I ~~Chairman of Committee.

|!~~~ ~ENROLLED.

The President announced that he was about to sign-'\ ~ ' ~An Act extending and enlarging the territorial limits;

and the powers of the city of. Gainesville, a municipal cor-,;~ ~ poration organized and existing in Alachua County, Flor-

*-m . ! ~ ~ ida, and providing for the exercise of those powers.Also,

*i; 2 ~~An act to protect sureties."''l 1~ ~ The acts were therefore duly signed by the PresidentM* ,~ ~ and Secretary of the Senate, and ordered returned to theA: 'Chairman of the Joint Committee on Enrolled Bills to

s , 'convey to the Governor for his approval.

4i9~ ~ Mr. Scott, Chairman of the Joint Committee on En-tr

5, X;

' rolled Bills, submitted the following report:Senate Chamber,

I'P ~~ ,>:~~ ' , Tallahassee, Fla., May 9, 1905.I" ?, B~Hon. Park M. Trammell,

i:,~~~~~ :' j 'President of the Senate.'[: .; '~ SIR-Your Joint Committee on Enrolled Bills, to

.- ~ i ~ whom was referred-;N~ ~ An act to amend Section 36 of Chapter 5106, Laws of

, ~l j-Florida. being "An act imposing license and other taxes,\-|~ ~ providing for the payment thereof, and prescribing pen-

alty for doing business without a license, or other failureto comply with the provisions thereof," approved June

I>r " ~9th, 1903.Also,

ls $ ' :;An act to amend Section 87 of the Charter of the City,'; .l; -of Pensacola relating to the Chief of Fire Department.*' 8 i, s Also,

E, ;!,~ A memorial to the Congress of the United States asking'I ~ ~ for an appropriation for Black Water River, in Santa*~; + Rosa county, Florida.

. , :

601 '

Also,A concurrent resolution requesting the Congress.of the

United States to appropriate money for deepening thewater at the head of Charlotte Harbor and in front ofPunta Gorda, and for deepening the mouth of CharlotteHarbor at Boca Grande.

Also,An act regulating the running of automobiles or motor



of Daytona, a municipal corporation organized and ex-isting in Volusia county, Florida, and providing for theexercise of those powers.

Beg to report that the same has been duly signed by theSpeaker and Chief Clerk of the House of Representatives,and is herewith presented to the Senate for the signaturesof the President and Secretary thereof.

Very respectfully,T. M. SCOTT,


ENROLLED./ .

The President announced that he was about to sign-An act to amend Section 36 of Chapter 5106i, Laws of

Florida, being "An act imposing license and other taxes,providing for the payment thereof, and prescribing pen-alty for doing business without a license, or other failureto comply with the provisions thereof," approved June9th, 1903.

Also,An act to amend Section 87 of the Charter of the City

of Pensacola relating to the Chief of Fire Department.Also,A memorial to the Congress of the United States asking

for an appropriation for Black Water River, in SantaRosa county, Florida.

Also,A concurrent resolution requesting the Congress of the

United States to-appropriate money for deepening thewater at the head of Charlotte Harbor and in front ofPunta Gorda, and for deepening the mouth of CharlotLeHarbor at Boca Grande.

602

Also,!. I An act regulatiDng the rlunning of automobiles or motor

vehicles on. the public roads or highways-in the State ofFlorida.

'Also,A4n act extending and enlarging the powers of ihe Citv

of Daytona, a municipal corporation organized and ex-I; istiiig in Volusia county, Florida, and providing for the

iet 1 . exercise of thos;e powers. -The acts welre therefore duly signed by the President

l .. ,:.andSecretary of the Senate, and -ordered returned to the' '. Chairman of the Joint Committee on Enrolled Bills to

" I ., conwepy to the. Governor for his approval.

&F I ':Mr. Sumss Chairman .of the Committee: f Foisheries,i i ( .- ,sublmitted the following report

lj, j 2. - .- , - -:, Senate Chamber.Pt ; . . Tallahassee, Fla., Iay 9, 1905.,i I 1 1 EoJ. Park A1. Trammell,iV I ' i - , President of the Senate.

i !' STPu4_ro- r Connijittee on Fisheries, to whom was re-;I . ferred-

;~I . iHouse Bill No. 136:A bill to be entitled an act creating the office of Fisl

and Game WTardien and prescribing its duties.i HNIave had the salne under consideration and recommend

,;· ! that it do pass. It ''.'',' Very respectfully,

F. W. SAMS,Chairman of Committee.

An-! House Bill No. 136, contained in the above report,i - ' was placed on the Calendar of IBills on second reading.

,Mr. Waldsworth, Chairman of the Committee on Agri-,i ' , culture, submitted the following report:

Senate Chamber,Tailahassee, Fla., May 9, 1905.

Hon. Park M. Trammell,.j , - PresidenLt of tire Senate.

SIR-Your Committee on Agriculture, 'to whom wasreferred-

.;/ ,; ' Senate Bill No. 177:.A bill to be entitled an act to amend Section 22 of

Chapter 4322, of the Laws of Florida, the same being

jj. I

71~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~;

-J '~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~,

(iit);"An Act for the assessment and colleceion of revenue,"

s approved June 1, 1895.Also,!

-Senate Bill No. 21S:,A- bill,to ,beentitled an act to repeal Se'tion 350 of theRevisedf Statutes and Chanter 5229 of the lavws of Flor- :-ida, and to provid6.for the appointmentbf 'county enu-

W merators for collecting agricultural, horticultural, man-l fictiinzlg lnd industrial and other statistics, and to pro-.vide for their pay. . -

Also, Senate. Bill No. 229':

'A . bill to be entitled an act to require commission merchants, produce merchants, and other persons selling pro- -duce on commission in this State, to make out and ianil

' to the shipper or consignor of produce certain reports w ithin a certain time from the delivery and sale. f -slch ,.'produce, and fixing a penalty for fail re therein.* , , 'y.e. badl the samle under consideration and recomlllmenlthlat thety, -do, dass. and r

* ,, ery respectfully, B. D. WADSWORTH,Chairman of Committee.

ASnd Senate Bills Nos. 177, 21S and 229, contained in theabove reiort, wras placed on the Calendar of Eills onusecond reading.

v Mr. Crill. Chrairlman of the Committee on Pensions, sub-m itted the following report:

Senate Chamber,*: . Tallahassee, Fla., May 9, 1905.


SIR-Your Committee on Pensions, to whom awas re-ferred-

House Memcrial No. CA memorial to the Congress of the United States re-

questing that the. pension laws of the United States be soamended as to permit and allow the widows of soldiersand sailors of the Mexican War of the United States o

ai , I

draw a pension of $12.00 per month in lieu of $8.00 permonth, as now provided by law."

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

_ - .' Very respectfully,7I > 0G. M. LEE,

Ohairman of Committee.And House Memorial No. C, contained in the above re-

port, was placed on the Calendar.of Bills on second read-ing.

: Mr. Scott, Chairman of the Joint Committee on En-; rolled Bills, submitted the following report:

Senate Chamber.Tallahassee, Fla., May 9, 1905.


SIR-Your Joint Committee on Enrolled Bills, to whomwas referred-

An Act extending and enlarging the territorial limitsand the powers of the city of Gainesville, a municipal cor-poration organized and existing in Alachua County, Flor-ida, and providing for the exercise of those powers.

Also.An act to protect sureties.Beg to report that the same has been presented to the

... ; Governor for his approval.Very respectfully,

T. M. SCOTT,! IChairman of Committee.

Mr. Scott, Chairman of the Joint Committee on En-rolled Bills, submitted the following report:



SIR-Your Joint Committee on Enrolled Bills, to whomwas referred-

An act to amend Rol.ticn 36 of Chanter 5106. Laws ofFlorida, being "An act imposing license and other taxes,providing for the payment thereof, and prescribing pen-

605

alty for doing business without a license, or other failureto conmply with the provisions thereof," approved June9th, 1903.

Also,An act to amend Section 87 of the Caarter of the Cily

of Pensacola relating to the Chief of Fire Department.Also,A memorial to the Congress of the United States asking

for an appropriation for Black Water River, in SantaRosa county1 Florida.

Also,A concurrent resolution requesting the Congress of the

United States to appropriate money for deepening thewater at the head of Charlotte Harbor and in front ofPunta Gorda, and. for deepening the month of CharlotteHarbor at Boca Grande.

Also,An act regulating the running of automobiles or motor



of Daytona, a municipal corporation organized and es-istine in Volusia county, Florida, and providing for theexercise of those powers.

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



ORDERS OF THE DAY.

Senate Bill No. 133:A bill to be entitled an act making it unlawful to play

base ball or foot ball on Sunday in this State.Under consideration at adjournment yesterday, with

the following amendment of Mr. Raney pending:Amend Section 1 by adding thereto:"Provided, however, that this act shall not be of effect

in any county having within its limits a city or town witha population of more than ten thousand inhabitants."

Mr. Raney moved the adoption of the amendment.

606

The yeas and nayls were demanded on the adoption ofthe amenuhuent of Mr. Raney to Senate Bill No. 133.

Upon tlhe call of the roll on the adoption of. the amend-ment the vote was:

Adams (lilele -. cottBlou113nt H.narris Stoc_-ktolnClaik . a Enei WacLswvorthCrane Sanis .ZAini

Yea s-f2.r. Pres-ident Crews tee

Pub kici· li'r Li)RU m~aryI~~~~~~~~ '4 ; XewanCa iou ~~~~~~ 'in

1 u ~'" Yc* . Cr "t~~~~~~~i* \Vilsac; c n.

N'ist~ 15 rcil~~*I .I, flu e -:!j~e~d:!;cS ''wns not amee d to.

i 1~ - il'oring ~:amendmlent to Senate

Af le !;r, voa "foot ball " in line 4, add "or to run

?ri'. moveds nGv thke adol.'I of the amnendment.C I~i~ to.

Mp i-u's o ffered the followingv amendment to SenateBii1 N)o. 133:

A ftcr tfte Ist amendment, add, "or to hunt or to fish."flr. Avdn0 s mnoved the adoption of the amendment.Tie veies mlid nays wvere demanded on the adoption of

a'i no)nIel of Mr. damsd to Senate Bill No. 133.Upon tie call of the roll on the adoption of the amend-

nent the vote was:

Msr. President (lillen ScottAdamis Hiarri StocktonBaiicv McCreary AWadsworthBlount Newlan W estClark Raney WilsonCrane Sainls ZimCrill

Yeas-19.Baskin Faulkner JacksonCanova Hndson LeeCarter Humpliries NoelCrew-s

Nays-1O-

61)7

So the amendment was agreed to.Mr. Clarlke offered the following amendment to Senate

Bill NTo. 133:Add the words, "driving for pleasure on Sunday."Mr. Clarke moved the adoption of the amendment.The yeas and nays were demanded on the adoption of

the amendment of Mr. Clarke to Senate Bill No. 133.Upon call the of the roll on the adoption of the amend-

ment, the vote was:

Yeas-Mr. Clarke-1.Mr. President Faullkner Newlan.Adams Giilen RaneyBailey Harris SamsBaskin Hudson ScottBlount KEumpllhries Stockton -Canovk Jackson \VAdsvorthCarter Lee -VestCrane McCreary WilsonCrews Neel - ZimCrill

Nays-28.The amendment was not agreed to. Mr. Blount offered the following amendment to Senate i

Bill No. 133: Add as Section 5:.Section 5. The provisions of this act shall not'apply to

Escambia county."Mr. Blount moved the adoption of the amendment.Whilch was not-agreed to. -

Mr. Zim offered the following amendment to Senate Bill No. 133:

Amend by including "or go- in surf-bathing."'Mr. Zim moved the adoption of the amendment.,1TTjicch was not agreed to.' '

Mr. humphries offered the following amendment toSenate Bill No. 133:

In the title of the bill after the words "or foot ball,"add "or horse-racing."

Mr. Humphries moved the adoption of the amendment.'Vldt'*l w,'Ps a521eed to.Mr. Harris offered the following amendment to Senate

Bill No. 133:

608

Add the following after Section 4:Section 5. This act shall go into effect on Jan. 1, 1906.Mr. Harris moved the adoption of the amendment.VWhichie was agreed to.

Mr. Adams offered the following amendment to Sen-"^ ~~~ate Bill No. 133:

Lo f- Add after the last amendment "or work."Mr. Adams moved the adoption of the amendment.

~~! ~ Which was agreed to.|I~ ~ Mr. Humphries offered the following amendment to

Senate Bill No. 133:After the words "or horse racing," add to the title "or

l~ ~ ~fishing or hunting, "or work."|- : ~ ~ Mr. Humphries moved the adoption of the amendment.

Vvhich was agreed to.,'j; ir ~ And Senate Bill No. 133, as amended, was ordered re-

4- ) ferred to the Committee on Engrossed Bills.

if lK : SPECIAL ORDER.

hX )' 7 Senate Bill No. 89:t ~~~; ~A bill to be entitled an act providing that when fertiliz-

i -: 4~ ' er is not as represented by vendor, and the purchaser suf-;'~ . '!fers damage by reason of the said fertilizer not containing

*;' .^8~ ,the ingredients which the vendor thereof represents it tojl ;~ , ~ contain, the purchaser may recover from the vendor theI' ~i' } damage so sustained.j~ , I l ~Was taken up.lj~~~ ~ The hour of 10 o'clock a. m. the time set for its consid-~~~' ~ eration, having arrived.l,~; I-; ,Mr. Trammell (Mr. West in the chair) offered the fol-

F' lowing substitute for Senate Bill No. 89:c i, . ..

A BILLTo be Entitled

.; ^,l~ An act providing that manufacturers or vendors of fer-.. '1~ ~ ~tilizer shall in certain eases be liable to purchasers for7 ~' I~ damages when upon analysis by the State Chemist it Ap-

~~; ~ pears that said fertilizer is adulterated or deficient in thef'~ ~ constituent elements the seller represents it to contain,

and providing that any vendor who is not the manufact-*tr~ ~ urer may recover the amount of damage recovered against

him by the purchaser, from the manufacturer or person!

609

he purchased said fertilizer from and prescribing a rule ofevidence in such cases.Be it Enacted by the Legislature of the State of Florida

Section 1. That any manufacturer, person or corpormttion who shall sell to any purchaser fertilizer which shallupon an analysis of the State Chemist'in accordance withthe provisions of Section 2' of tdiis act prove to be adul-terAted or deficient in the constituent elements, either inquantity or quality which the manufacturer, person, orcorporation selling the same' represented it to contain,shall be liable in damages to the purchaser for any loss ordamage he may have sustained in the way of loss of crops?inferior crops or' shortage of crops by reason of said fer-tilizer being adulterated or deficient in the constituentelements either in quality or quantity; and said claimfor damages may be recovered in 'the courts of this Statethe same as any other damage 'or be offered as a set offor recoupment. The said claim or damage to'-be established

.by the same rules of evidence governing any other claim ordemand.

ISection 2. That any person puchasing any fertilizerfrom any manufacturer or vendor in this State for his'own use may submit fair-samples of said fertilizer to theCommissioner of Agriculture for analysis. The personselecting the same shall do so in the presence of two ormiore disinterested-persons, which samples shall be takenfrom one or more packages and' bottled, corked and sealedin the presence of said witnesses, and' this: sample packageo, bottle placed in the hands of a disinterested person,who shall, forward the same, at the expense of the pur-chaser, to the Commissioner of Agriculture; said samplesshall be taken from the package not more than thirty dayaafter the purchase of said fertilizer or more than ten daysbefore the application of said fertilizer and be immediate-ly forwarded to the Commissioner of Agriculture; anAupon the receipt by him of any sample package, the Coin-missioner of Agriculture is hereby authorized 'to requirethe State Chemist to analyze the same, and he shall re-turn to such purchaser or purchasers a certificate or cer-tificates of knalysis': The'certificates shall in all cases setforth the component parts of said'f6rtilizers, with theirrespective qualities, date of analysis and name or namesof persons submitting the samples, and to be signed by theC-.

State Chemist, who is hereby required to keep an accurateacount of the same, and the said certificate or record,when verified by the affidavit of the State Chemist, shallbe competent evidence in any court of law or equity inthis State.

Section 3. That when damage is recovered against anyperson other than the manufacturer under the provisions

L_-a^.~ ~ of Sections 1 and 2 of this act, the said amount recoveredagainst the said person shall constitute a legal and validclaim against the manufacturer or vendor from whom thesaid fertilizer was purchased by the said person againstwhom judgment has been entered, and said claim may beenforced in the courts the same as any other claim or demand.

Section 4. This act shall not 'be construed to be in con-i;* ', ~flict with the law now regulating and controlling the man-

l > l' ufacture, sale and purchase of fertilizer as provided in'*if. i: !Chapter 4983 of the Laws of Florida, approved May 22,

1001., f'Section 5. This act shall become operative and be of full

F; ;force and effect on and after thirty days after its approval-~: 'E 'P .by the Governor.. \\.u~ ~ Mr. Trammell moved the adoption of the substitute.

~~~, ~ Mr. Adams moved that further consideration of substi--, ~ f~ ~ tute for Senate Bill No. 89 be dispensed with; that 200

i; |I ~, ,copies be printed, and that it be made a special order fori:S "i;'i Xtomorrow at 11:30 o'clock a. m.

- \\ a t l And that it be made a special order for tomorrow at;t: :; 1 11:30 o'clock a. m.~I i~~; i Which was agreed to.

BILLS ON SECOND READING.

'J? p!'~ FSeinte Bill No. 120:arjia? 1 .@A bill to be entitled an act to amend Section 1 of Chap-i|0 1 ~ter 5139, Laws of Florida, the same being an act toS| ~ J~ ~amend Section 2 of Chapter 4147 of the Laws of Florida,;|~ ''~ ~ entitled "An Act lo regulate the carrying of fire arms,"I \~' i ~ approved June 2, 1893.l L. M~~Was taken up, together with the amendments of theKf . Committee on Judiciary.

^. !

611 -

The following committee amendment was read:Section 1, line 5. after the word "age" insert the words,.

"and of good moral character."Mr. Crews moved the adoption of the committee amend-

ment.Which was agreed to.And Senate Bill No. 120, as amended, was ordered re-

ferred to the Committee on Engrossed Bills.Senate Bill No 162'A bill to be entitled an act making appropriations for

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

Was taken up.Mr. Adams moved that Senate Bill No. 162 be made a

special order for 4 p. m. Wednesday, May 10.Which was agreed to.House Bill No. 82:A bill to be entitled an act for the relief of Marion

County.Was taken up and read a second time in full.Mr. Clarke moved that House Bill No. 82 be indefinitely

postponed.Mr. Blount moved that Senate Bill No. 82 be laid on the

table subject to call.Whic hwas agreed to.

Senate Bill No. 145:A bill to be entitled an act to require record of instru-

ments relied on as color of title.WTas taken up, together with the amendments of the

Committee on Judiciary.The following committee amendment was read:"Section 2. This act shall not affect any rights hereto-

fore vested, by -virtue of color of title."Mr. Blount moved the adoption of the committee

amendment.W li/itc w;is agreed to.Aad Senate Bill No. 145, as amended, was ordered re-

ferred to the Committee on Engrossed Bills.Seamite Bill No. 146:A bill to be entitled an act to define the effect of the

record of deeds or mortgages, unacknowledged or defec-tively acknowledged.

40 S. B.

612

Was. taken up,.together with the amlendments of theCommittee on Judiciary.

lThe following committee amendment was read:'.Seiion 3. This act shall not apply to conveyances or

.mortgaees by mllarried wromen of their separate estate or_i22sh l~..relinqutislienlll t of dower."

.Mlr. BloInlt 1moved.tlhe adoption of the conmnittee.almendmnent.

Wvhich was agreed to.And Senate Bill No. 146, as amended, was ordered re-

ferred to the Committee on Engrossed Bills.

S-m'lftn Bill No. 144:A iil3 to be entitled an act to provide for the appoint-

men-t of assistant coroners in certain counties of this. ;,' State; to define their duties and to fx their: coimnpenisa-

Hi. ,I } tion.W as taken up and read a second time in full.

n ^ ,, ,l 8Mr. Bloumt noved that the rules be waived and SenateBill No. 144. be placed on the Calendar of bills on;thirdereadinltl, with out being englrsssed.

W hilch was agreed to by a two-thirds vote.VJ ,I~~~~; ud Senate Bill No. 144 was placed on Calendarof bills

on third reading.fSemite lil:l No. 58:

¼; , -~ A bill to be entitled an act for the relief of J. H. Drum-; :1~ imoild.

W"as takeu up.Ij;; A~1 . C1lark asked permission to withdraw Senate Bill 58.

l,;~ ~ The request was granted.". 7 And Senate Bill No; 58 was withdrawn.4?g ,l~i . Mr1. Clarke moved that .Senate Bill No. 54 be talken up

iU ; o u out of its order and now considered. W|hich was agreed to by.a two-thirds vote.

R ' And,Senate Bill No. 54:

h iA il to be entitled an act to grant to riparian owners.i: lstandlng; and Cgrow,ng trees between, the lands of suchJ .e oiowners alnd the channmel of navigable streams and water.s.J ' '19 ' +Tas taken up and read a second time in full.

*' h~~~cAnd Senate Bill No. 54 mras ordered referred to theCommittee on Engrossed Bills.

Senlate Joint Resolution No. 57:

613

: A Jiilt P'sb~iai io proposingan dm~deittient df Sectionten (10) of IUrticle nine (9J of the* '*C nsttntio of theState of Flor{5 a.'' ''

W-as 'taken' uLl'j and #ea'd a second time in fuill.And Senate Joint Resoluttion No. 57 was orde''ed re-

86flute ill' No. 134:A bill to be entitled an act to require manufhCtufrdrs

of patent medicines to publis'h on label the per centum ofalcohol contained, as necessary tb -permission to vendsamewiOthin the Stat4 of Florida

Wias taken up.Mr. Crliews asked Permission to withdraw Senate Bill

No. 134.WhiMch was granted.And SenateP'1ill No. 134 was withdrawn.Senate Bill No. 33:A bill to be entitled an act proviling for and requiring

the teaching of the elementary pi~lnciples of agriculture,and the elements of civil government, in all the commonschools of the State of Florida;'to provide a pen~lty incase any county board df education faill to provide forthe teaching of the same, and requiring all teacher's tostand a satisfactory examination upon said subjects.

Tics taken up and read' a second time in full.And Senate Bill No. 33 was orderedl' referred to the

Coermittee on Engrossed Bills.,Senate Bill No. 11-5:A bit! to be'entitled 'an 'act au thoriying the payment of

interest on sefidol wrayrrahts.Was taken up and read a second time in full.And Seuate Bill No. 115 was ordered referred to the

Comn i ttee on Engrossed Bills.A message was received from the HEfouse of Rkephresenta-

tives.Mr. Sams moved that' "Hdue Bill No. 136 be taken up

out of its order and now considered.Which was agreed to by a two-thirds vote.AndHouse Bill. No. 136:A bill to be entitled an act creating the office of fish

and game warden and prescribing its duties.Was taken up.

614

Mr. Sams moved that the rules be waived and House BillNo. 136 be read a second time by its title only.

Which was agreed to by a two-thirds vote.SAnd House Bill No. 136 was read a second time by its

title only.Mr. Sams moved that the rules be further waived and

House Bill No. 136 be read a third time and put upon i-spassage.

WMhich was agreed to by a two-thirds vote.And House Bill No. 136 wa.s Ieald a third time in full.UTpon call of the roll on the passage of the bill the vote

was:

Mr. President Crane LeeAdams C'rems NenwlanBailev CGrill PalleyBaskin Fanlkner SamnsBlonnt Gillen ScottCanova Harris 'Stockton

pi' 'I~~ Carter fIuIuphrieai West'4ir i . ~Clark Jacklsoo Zimu

Yeas-24.Hudson MclCreary

Nav-s-2.So the bill passed, title as stated.By peruission-Afr. Clarlke introduced-Senate Resolution No. 43:Resolved, That the Senate hlereafter meet at 9 o'VlJk

a. m. instead of 10 as heretofore; and meet at 3 o'clociP I., instead of 4 as heretofore.Mr. Harris moved that furtller consideration of the

C~B :' ~restolution he d(eferred until 4 o'clock this afternoon.Wlhich was agreed to.Mr. Harris moved that the rulles be Twaived and that

the Sen.-ate take up Holuse messages.WThich was agreed to.An(d the Senate took up-

I 'C¼+

Girw

MESSAGES FROM HOUSE OF REPRESENTATIVES.

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

House of Representatives.Tallahassee, Fla., May 8, 1905.


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

House Bill No. 167:A bill to be entitled an act to repeal Sections 457, 453,

459, 460, 461, 462, 463, 464, 465, 466 and 467 of the Re-vised Statute.s of Florida, relating to the appointment,privileges, duties and compensation of Fish Commissioner.

And respectfully requests the concurrence of the Senatethereto.

Very respectfully,J. G. KiLLOM,

Chief Clerk of the House of Representatives.And House Bill No. 167, contained in the above mes-

age., was read the first time by its title and referred tothe Committee on Fisheries.

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

House of Representatives,Tallahassee, Fla., May 9, 1905.



House Bill No. 223:A bill to be en titled an act to amend Section 19, Chap-

ter 4338, Laws of Florida, entitled "An Act to provide forestablishing, working and repairing and maintaining thepublic roads and bridges of the several counties of thisState, and to provide penalties for failure thereof," ap-proved May 29th, 1895.


Very respectfully,J. G. KELLUM,

Chief Clerk of the House of Representatives.

Ilnd House Bill No. 2)3, contained in the abovae mes-W218' iread tle first timie in' its title ardn ieferred to/i the CConirittee ou'Public Roads and Highways.

The following9;message from the House of Representa-tives'was read: .

House of Representatives.Tallahassee, Fla., May 9 1905.

Hon. Park Ml. Traniniell.-President'.of the Semite:

SIlt-I am directed by tIre House of Representativesto ijifoini the Senate that the House of Representativeslas passed-.

HunKr i ]ill No. 150:A bill to he entitled an act to amend Section I of Ciiap-

ter 43:i8. Laws of Florida. relating to establishing,- work-ing' and repairing and. maintaining public roads andbridges of the several counties.

And respectfully reqnest& the concurrence of the Senatethereto.

eVery respectfully,J. 0 . CELLU, .

Cl.>'- Clerk of the House of Represernlt;'hm.11I nl Houe Bill No. 150, contained'in the above mes-

sq-il> was vend the: first time, hr its-title and ;referred totle <'iiiuttee on Public Roads ann Highwralys2 ·

The followin2g message fro-m tie Hfouse2 of Jeuresenta-

;T olli 'sj a c-, RiF .; M Ar , 19052

5TT' --T '>~ ir'iccto3 h the House of Representatives toinfarv 'fie Sm %nate thI at,-the. House of Representatives has

House Bill No. 233:1A ?li 1 to be entitled en act to incorporate tketJownD 'of

F01.on Mws and-to define its: territoruil boundary, and toprovTuP for its jurisdiction, powers and prfliieges, and to

ii.' .I . 'i::-- - - 1.'.!I I jii

6 17

abolish the present inuncipal government of the town ofFort Myers, and to repeal Clihdpter 5318 (No. 213)_ Lawsof Florida, 1903.

thereto.,,:L't~ queijll~ tfim, concuorrence of tile Senatefbor~eto..Very respertf oily,

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

And Hoiire VR] No. 23;3. contained in the above mes-sage, v-ais 'a ! d the first time by its title.

Mr. 1-la-rris moved that tbe rules be wTaived and HouseBill No. 233 be read a second time by its title only.

Wbiilli was sereed to by a two-thirds vote.* And House Bill No. 233 was read a second. time by its

title onlyiMi-. Hnarrins moved that the rules be further waived, and

that House Bil.l No. 233 be read a third time in full andput up~on its passage.

WI'i(-T u'ias agreed to by a two-thirds vote.* And House Bill No. 233. was-read a third time in full.* Upon iall of the roll on the passage of the bill the vote

waL:Mr. Presidenit 04111 . NeeA\daia m, s j ~ a1'loun Rn evt·

Y(as-fi 2 4

N~in i -s -IT cii e

Snav-NI~one.So T-Louse Thuill -o. t33 v-as passed, title is stated.

R nri-i,4 is ru-el that tile irules be waived and thatHouse t)ilI 'o. ~33 be ilmmediately certified to the Houseof Iep!.,- .an-lutives.

tohvC i- a two-thirds vote.A;,,! -6:i~'iii -o. 2.13 was so certifiedIen~:; a ta ritonsi eration of House messages-Mr. Ca nova nouved that the Senate adjourn until 3

o'clock;Whicch was agreed to.

61'Thelreupon the Senate stood adjourned until 3 o'clock

this afternoon.

AFTERNOON SESSION.

; 3 O'CLOCK.

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

to their namLes:Mr. IPresidelt, Sen-tors Adams, Bailey, Baskin, Blount,

Canlovn. Carter, Crane, Crenws, Crill, Faulkner, Gillen,Harris, Hudson. Ill-llphries, Jackson, Lee, McCreary,Neel, ŽeTewlann, R;uev, Sams, Scott, Stockton, Wads-

I +zlwortll, West, W ilson, Zim.-2S.A qul!orum plesent.

i; ~ ~~T jThe Senate reslme't considerat-lon of

MlESSAEGS FI 3 IOM HOUSE OF REPRESE1NTATIVES

*i i ;1 Tlhe followJ-ing mnesszage from the House of Representa-@ V" f ti-es w-as readl

I; j.House of Representatives,:* ~~~~ 3F~~~ ~Tallahassee. Fla., May 9, 1905.

ion. Ilark M. Traimmell,"* rfi} .1i ~ I Plebsidelnt of th7,e Senatc.

SIT--I am directed by the House of Representatives toinform the Senate that the House of Rtepresentatives haspassed-

L FHouse Bill No. 224:A bill to be entitled an act to legalize the incorporation

of the town of Daytona Beach, in Volusia County, and to*4 ~ declare the incorporation of the town of Davtona Beach:*~ ~ valid and of full force and effect.*: l~ And respectfully requests the concurrence of the Senate

;i ~~~ fthereto.* ', Very respectfully,J. J. G. KELLUM,


And Hlouse Bill No. 224, contained in the above mes-sage, was read the first time bv its title.

,

Cl:)

Mr. Sams moved that the rules be waived and thatHouse Bill No. 224 'be read a second time by its title only.

Which was agreed to by a two-thirds vote.And Rouse Bill No. 224 was read a second time by its

title.Mr. Sams moved that the rules be further waived and

that House Bill No. 224 be read a third time and putupon its passage.

Which was agreed to by a two-thirds vote.And House Bil'. No. 224 was read a third time in full.Upon call of the roll on the jassage of the bill the vote

was:

M~r. Pres'idvitt (xil l ~! Adams narls NewlanBailev lBa skin Oli den SamesMlotni I Paris 8'eottCanov., 1deltor,Carter limnVIbis W-adsworthClark Jniko- 1tWest

Crane ZiftCrews MeCr ea rYeas-29.Nays-None.

The following message from fie House of Representa-fives was read:

House of Representatives,TallahassQ-, Fla., May 9, 1905.

Hon. Park Al. Trammell.President of the Sewate:

SIR-I am directed by the House (F Representativeq toinform the Senate that the Rouse of lepresentatives haspassed-

House Bill No. 322:A bill to be entitled an act to establishthe municinality

*of Largo, to pro.vide for its government aid prescriber itspowers and jurisdiction.

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

Very respeetfuli,J. 0. KEI;,Uk

Chief Clerk of the House of Represtrutatives.

And House 1311 N\o. 322 contained in the above jues-sa tge. a ka a ,ct~"b its~ titlei vete ,

thle ('onijuit-tece CI Cifi mld C ountV Organizatioiik.-

The following message from the, House ofRThpresenta--~~~~ f~~ives was read:

House of Represeintalihs: IsTatllharsseea Fit. life 1905.

Hon. Park Hl. Tranmmell,Free identt of the' Seate:

SIR-I am directed by the House of Representatives toinforim the Senate that the House Of Representatives hasPassed-

House Bill No. 340:A bIll Nu be enftitlefd an act to declii~e Esterio Creil

Lee colntv, Htlate of Florida. to be a narisable, rireani.And iresiectul eusstecnarec fteSnt

thereto. etuire~ctthcnurecofteSaeVery respectfully,

J. G. KELLTJM,Chief Clevk of the Raise of Representatives.

And I-Iovmw 1'.ill No 2(,H until a-ed in the nbe eewvtiQOIA VI1*~~~~~ reaid th"er fitw tnti bY dit Itite and r~efr-PI to) thle

Ciows;mittee onl Vo{ i~ropl' ani N avigation.

Tl2/e fojlhwli~l ' f-'e B c Ti ofLk'ret-

-i 1 -- i-~ -It t(''lt 1 i. t

Commiittee SuIbstiku1te foi-Ali.! ~~Hencefq Bill -No. -eN

Abill to be euttleJ an act to define the peades ol in,-strimictioii which ijahllbe taugvht in the unifoin system ofpublic schtools efFlorida, to 'jid amd eneouratre'the establi

lishment of puic ld' coo udrua r l scboohijto presc-ribe tIdCconditions an'dto nikeap~pioriuatonstherefor.

And respectfully requests the concurreuce of the Sen-ate thoreto.

Vemr respecet ful I I

Ch!ief ClerkJ of th:e I-laTi~rl uPt Jfenlrwt'9llititivesAnd House Substitute for House Bill No. 126, contain-

ed in the above message, wrais read the first time by itstitle.

Mr. Gillen moved that the rules be wanved and thatHouse Committee Substitute for House Bill No. 126 bep-laeed on Calendar of bills on second reading withoutreference to commiittee.

Which was agreed to by a two-thirds vote.And 1Substitute for House Bill No. 126 was placed on

Calendar of bills on second reading.Mr. Gillen asked leave to substitute House Committee

Substitute for House Bill No. 126 on calendar in placeof Committee substitute fqr Senate Bill No. 7-6 asspecial order, for 10:30 a. ain. to-morrow, and that he beallowed to withdraw Committee Substitute for SenateBill No. 76.

The request was granted.

2'1u fni'v>n-r iuesmu e frst .e lI- e of Irvsnativre was read:

Tallahassee, Fla., May 9, 1995.

SIP-T am direceted hr the I-Lme of Representat'jiveoIstc inform the Senate that the, House. of Representativeshas prtsse&-

House Memorial No. F:A meml)orial to hithe CoIrUttoess o{ the TUnItc1a: C14tqtfR-,'

that the soldiers servini in the Seminole Indhr oa'-vs inthe State of Florida in the years 1835 to -'-2 -,icl - 100'Seminole Indian wars in theState of Plorit> K 'rk i'vears 1856 to 1858, ant their widoa,.-, be g-; a ted pe-.1-sion of $12.00 per mouth in lieu of $8.00 per monXntIrth ha2 noWAreceived by them.

A- -~~~~~~~~~~~~~~~~_


Very respectfully,J. G. KELLUM.

~i~~¢~~~ . Chief Clerk of the House of Representatives._- Ace And House Memorial No. F, contained in the above mes

sage, was read the first time by its title and referred tothe Committee on Pensions.

,_-,_^. ' 'The following message from the House of Representa-tive: was read:


*Hon. Park M1. Trammel],Pr'csi'7ent ot t7hc Senate:

,'; SIE~SI-T ami directed by the Hunse of Representativhes toinform the Senate that the House of Representatives hasadopted-

1 ; '>~ , House Concurrent Resolution No. 34:^^1~^ i.~Whereas, There has not been anything presented to this

^^Bii '} ]Legislature to show how the large appropriations to the4HKI il 'State Institutions of learning have been expended in de-4_, l1 :tial; therefore,

^*i' i I 1'l Be it resolved by the House of Representatives, thegR^ }( ~~ :Senate concurring, That a committee of three, two on t-be. } ! .i part of the House and one of the Senate, be appointed to

LtiA ! , 1investigate these expenditures, consult with the Comp-S ; 6 !t troller as to all warrants issued 'by him and drawn uponi t;

l >~ , said appropriations, and report to the Legislature as| i,; ; : early as possible an itemized statement of all such expen-1 l^ l;~ 'ditures, reporting a separate detailed statement for each4 -"~ ~ institution. Resolved further, That the committee shall

i be allowed expert clerical aid to tabulate such state-ments in detail, such clerical aid to be under the direc-

. ^H~ |: ! tion of 'the committee. Provided further, That such cleri-^lH ' ~cal aid shall not be retained for more than three days, andUl lJ ' as little of that time as is necessary.

J l' l'~ *And respectfully requests the concurrence of the Sen-lj ' -;1 ate thereto.

.^lH' ~~~1|! ~ ~ ~ Very respectfully,Bill' 1 -~~~~~~~ J. G. KELLUM,

im|~ l|~~ ,Chief Clerk of the House of Representatives.

-'I

2G123

And House Concurrent Resolution No. 34, contained inthe above message was read the first time and laid overundeeithe rules.



Hon. Park M. TrammellPresident of the Senate:


House Concurrent Resolution No. 32:Resolved by the House of Representatives, the Senate

concurring, That the Legislature of the State of Floridaadjourn sine die at 12 o'clock m. on June 2, 1905.

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

Very respectfully,J. G. KELLUM,


And House Concurrent Resolution No. 32, contained inthe above message, was read the first time and laid overunder the rules.

; I


House of Representalives,Tallahassee, Fla., May 9, 1905.

Hon. Park M. TrammellPresident of the Senate:

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

j ~House Concurrent Resolution No. 28:|t Be it resolved by the House of Representatives, the Sen-

ate concurring, That as representing the people of Florida,* -\ awho earnestly favor the movement for good roads, which

has become a matter of national importance and interest,o we do hereby request our Senators and Representatives in

the Congress of the United States to do all they properlycan do towards the enactment of the Latimer Bill, nowbefore that body or some similar measure- looking to aid

L.

624

_,1~ . -by the National Government to the State. for and in behalf of the construction and maintenance of goodgroads.

- 7 ~'"~ And respectfully requests the concurrence of the Sen-ate thereto.

11--K_<, '^-~~~~Very respectfully,J. G. KELLUM,

1f~;; ~~~Chief Clerk of the House of Representatives.And House Concurrent Resolution No. 28, contained in

i;'~ ;the above message, was read the first time and laid overi I~- ~under the rules.

\,;~ *~The following message from the House of Representa-[ ___th),tives wvas read:

BBS*" ,~~~~~~'" *House of Representative.,.Yit,; i Tallahassee, Fla., May 9, 1905.

^*E'1 1 EHon. Park M. Trammell^B h~~i^'| 1'~ ~President of the Senate:

;.^1 ,! :* SIR-I am directed by the House of Representatives tol: i . : ;inform the Senate that the House of Representatives has

passed-dP t' I~ .'Senate Bill No. 79:Hail^ |;~ ~ JA bill to be entitled an act to amend Sections 54, 55, 70

i}t ! i,1 ,and 84, and to repeal Section 81 of Chapter 5337 of thejRAI j^ i lLaws of Florida,. entitled "An act to incorporate the city

v i 'l j |of Bradentown, and to provide for its government and to* " '* § provide for and declare its jurisdiction and powers," ap-

l ' ~~proved May 19, 1903.J g ,'~~~~~Very respectfully,

i ~If^~~~~~ ~J. G. KELLUJM,l*^t,~~ . '[.Chief Clerk of the House of Representatives.

a|i. lAnd Senate Bill No. 79, contained in the above mes-^W '6 l* - sage, was referred to the Committee on Enrolled Bills.

^||w 'i 'The following message from the House of Representa-3 >jl tives was read:

Afou^H~~~~ l; 5 : 1 House of Representatives,I .j.- /jt ; ~~~: 'Tallahassee, Flat., May 9, 1905.

}/gH 1 E1 Hon. Park M. TrammellI.'i |President of the Senate:

HH , i ''~ 'SIR-I am directed by the House of Representatives toinform the Senate that the House of Representatives haspassed-

I'

~ ~65

Senate Bill No. 36:A bill to be entitledj an at to provide for tihe purchase,

safe keeping and maintenance of bloodhounds for use in- he pursuit of criminals.

With amendlents as followsStrike~out the words "and at all times has."

9 ~Strike out the word "shall," in line 2, Section 1.And respectfully requests the concprrence of the Sen-

ate thereto.Very respectfully,

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

And Senate Bill No. 36, contained in the above mes-sage, together with amendments of the House of Represen-tatives thereto, was placed before the Senate.

-MIr. Crane moved that the Senate concur in the amend-nmets of the House of Representatives to Senate BillNo. 36. '

WAich, wras agreed to.And Senate Bill No. 36, as amended by the House of

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

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

House of Representatives. -H Tallahassee, Fla., May 9, 1905.

on. Park M. TranmmellPresident of the Senate:


Senate Bill No. 35:A bill to be entitled an act to amend Sections. 243?

2435. 243(6 and 2437 of, the Revised Statutes of 1892, re-lating to breaklng and entering a dwelling -iouse, otherbuilding, sl;ip. vessels or railroad car, and entering' with-out breaking a dwyelling house, other building, ship orvessel. :

WTith the following amendment:In the tenth line of Sectioni 4, opposite the printed fig-

ures '17,'?i strike Qut the word "the", and insert in lieuthereof the word "such."

it~~~~~~~~~~~~~~1

626

And respectfully requests the concurrence of the Sen-1 ½; - 1. ~~ate thereto.I - ~~~~-,-~ ~Very respectfully,

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

And Senate Bill No. 35, contained in the above mes-sage, together with amendment of the House of Repre-sentatives thereto, was placed before the Senate.

Mr. Crane moved that the Senate concur in the amend-ment of the House of Representatives to Senate Bill No.35.

Which was agreed to.And Senate Bill No. 35, as amended by the House of

Representatives and concurred in by the Senate, was re-! 2 ~~ferred to the Committee on Enrolled Bills. s

'*:~ ~ The following message from the House of Representa-_ ';! > ~tive.s was read:

_ '"^<. ~~~~~1 - House of Representatives,i; Tallahassec, Fla., May 9, 1905.

3$ ' :, Hon. Park M. Trammell'J j- , 4 @ | ~President of the Senate:

SIR-I am directed by the House of Representatives toi, , ' >[' ,inform the Senate that the House of Representatives hasis; ~ I ! passed-

~I -Ij~ i; ' HnILIuse committee substitute for-i ,! Senate Bill Nd. 94:

" - *' ;~ .A bill to be entitled an act to amend an act to provider * .: for the creation of the city of Pensacola, now known asI * .[ the provisional municipality of Pensacola and for the gov-

^K;_i ;'' 1ernment of said city of Pensacola, and to provide for its^B- f 1~,i ;;officers and their terms of office and to provide for the^H^- ~ " Pisupport and maintenance of said government of said city,Ml !, ;> ' iapproved May 27, 1.895, and to confer further powers upon

said citv.- > i l ~XAnd respectfully requests the concurrence of the Sen-

^|||| '*! ~ ~ ate thereto.^*||-~~~ : .~ '~ ~Very respectfully,

*II-~~~ 's~~~~~~ -J. G. KELLUM,^~*11'~~ l:~ ~Chief Clerk of the House of Representatives.

cm~~~ , ~And House committee substitute for Senate Bill No. 94,1 |j-~~ i contained in the above message, was placed before the

Senate.

6127

The substitute was read the irst time by its title. -

Mr. Blount moved that the rules be waived and HousetCommittee substitute for Senate Bill No. 94 be read zl.second time by its title only.

\Vhichl wai s agreed to by a two-thirds vote. 7'`

And House Comlmittee substitute for Senate Bill No. 94was read a second timle by its title only.

Mr. Blount moved that the rules be further waived, andthat Holle Commnittee substitute for Senate Bill No. 94be read a third time in full and put upon its passage.

Which was agreed to by a two-thirds vote.And House ommittee substitute for Senate Bill No. 94

w-as read a third time in full.IUpon call of the roll on the passage of the substitute tile

vote was:

Ur. President Crill NewlanAdams Faulkner [taievBailey Glillen SamsBaskin Harris StocktonMlount Hudson ' Wadsvo(lrthCanova Hurmphries WestCarteiP Jacksoa WMilsonCrav e LeeCrews NeelYeas-25.Nays-none.And House substitute for Senate Bill No. 35, concurred

in by the Senate, was referred to the Committee on En-rolled Bills.

By Permission-Mr. Scott, Chairman of the Committee on Enrolled

Bills, submitted the followihg report:i ~ Senate Chamber,

Tallahassee, Fla., May 9, 1905.Hlon. Park M. Trammell,

Presi'dent of the Senate.SIR-Your Committee on Enrolled Bills, to whom was

referred-{-En Pt desirnating who shall act in case of absence Yr

disability of the police justice in and for the City of KeyWest, a municipality existing under the laws of the Staieof Fl-orida.

Also.41 S. B.

628

An act to authorize the City of Pensacola to issue i'go-liable bonds for municipal puirposes and provide for diepaymellt thereof.

- -- a ~~~Alo,An act to repeal Sections 1 to 7 inclusive, Chapter 4972,

Laws of Florida, approved April 25th, 1901, entitled anac: itltmking incurable insauity a ground for divorce of

I _._r husband and wife, and regulating proceedings in such_tats .S.

Have examined the same and find them correctly en--rolled.

,: i TAr~Very respectfully,T. M. SCOTT,

Chairman of Committee.The acts contained in the abcve report were orderedi!; ~ ~ referred to the Joint Committee on Enrolled Bills.By nerulission-

_v.i : lMr. Ranes introducedSenate Bill No. 25S8:A bill to be entitled an act to regulate appellate pro-

cedure and practic. eWhVich was read the first time by its title and referred

t W , ~~to the Comlmlittee on Judiciary.

BILLS ON SECOND READING.

R Bill Bill \No 131:Al bill to be entitled an act to provide a method of as-

· t l~ Rsistanee to any elector ai--vling to vote in the primaryelection in this State, who, by reason of blindness Or theloss of a hand or hands, or who is from any cause what-

i i~ b 'Isoever, unable to prepare his ballot by the inspectors ofsuch election, and providing a penalty for any violation

V r i .l of this act.F. ,4, V:iWas taken up and read a second time in full.

Mr. Stockton offered the following amendment to Sen-l1 i, ate Bill No. 131:

Strike out the words "or who is from any cause what-!1 'j ~ 'soever." in line 3, of Section 1.

Mr. Stockton moved the adoption of the amendment,wMhich was not agreed to.

t v~;i ~ Mr. Carter moved that the rules be further waived, andthat Senate Bill No. 131 be read a third time in full an Iput upon its passage.

At2'

629

Which was agreed to by a two-thirds vote.And Senate Bill No. 131 was read a third time in full.Upon call of the roll on the passage of the bill the votewas:

Mr. President ± ialkiier - NewlanAdams: . Cillen RanevBailev 'arl in SamnsBaskiL I iG ;so ScottBlount Hullirl ics WadsworthCanova Jailksoll W estCarter Lee WI ilsonCrew-s MTlcCrca: r ZimCril I Ieel

Yeas-26.CraiwP Stockton

Nays-2.So the bill passed, title as stated.Mr. Carter moved that the rules be waived and that Sen-ate Bill No. 131 be immediately certified to the House of

Representatives.Which was agreed to by a two-thirds vote.And Senate Bill No. 131 was so certified.A message was received from the Governor.

1-tv Permnission-Mr. Scott, Chairman of the Joint Committee on Ein-

rolled Bills, submitted the following report:Senate Chamber,

Tallahassee, Fla, May 9, 1905.EHon. Park M. Tra-mrnell.

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

whom was referred-r a1- o ·t Ce~i :rn7trv Wg-lo shall act in case of absence (orrdisability of the police justice in and for the City-of Key

West, a municipality existing under the laws of the Stateof Florida.Also.An act to anthorize the Cityr of Pensacola to issue negc.

tiable bonds for municipal purposes and provide for thepavlment thereof.Also.An act to repeal Sections 1 to 7 inclusive, Chapter 4972,

630

]Laws of Florida, approved April 25th, 1901, entitled anl -, act making incurable insanity a ground for divorce of

husband and wife, and regulating proceedings in such--cases.

Have examined the same and find them correctly en-rolled.

,,,'rolled. Very ,respectfully,T. M. SCOTT,

C' hairman of Committee.The acts contained in the above report were ordered

referred to the Joint Committee on Enrolled Bills, to beconveyed to the House of Representatives for the signta-ture of the Speaker and Chief Clerk thereof.

a,_ J fMr. Baskin moved that House Bill No. 133 be takenup out of its order and now considered.

,!. J Which was agreed to by a two-thirds vote.And,

, 'House Bill No. 133:_:.j .. A' bill to be entitled an act to declare legal the incor-

~, j:ii . poration of the town of Reddick in the county of Marion,State of Florida, incorporated under the general laws forincorporating cities and towns and legalizing same.

9 ,, \0SWas taken up.Lee y i, jMr, Baskin moved that the rules be waived and Housee | i;' *Bill No. 133 be read a second time by its title only.

Which was agreed to by a two-thirds vote.i,;' | And House, Bill No. 133 was read a second time by its

title only.[. ! aMr. Baskin moved that the rules be further waived, and

that House Bill No. 133 be read a third time in full andput upon its passage.

Which was agreed to by a two-thirds vote.And House Bill No. 133 was read a third time in full.

l5 f x ; Upon call of the roll on the passage of the bill the votewas:Mr. Presidenil Faulkner Ncvwl.,iAdams G(illen Raney

li(: s | *Bailey Harris Samsl ' [ . Baskin Hudson Scott

Blount ., ' t -Tumphries StockrlCanova Jackson WVadsworth

631

Carter LWe \VestCrane McCreary WrilsonCrewk Neel ZimGrill

Yeas-28.Nays-None.So House Bill No. 133 passed, title as stated.

By Permission- Mr. Scott, Chairman of the Joint Committee on En-

tolled Bills, submitted the following report:Senate Chamber,

Tallab;,.'ee, Fla., May '9, 1905.lion. Park1 M. Trammell,

Prcsideint of the cenacte.SIR-Your Joint Committee on Enrolled Bills, to

whom was referred-Ani act designlatilg whboi shall act in case of absence or

disability of the police justice in and for the City of Iiey

Wcst, a municipality existing under the laws of the Stateof Florida.

Also,An act to authorize the City of I'ensacola to)iss2 ncrz,-

tiable bonds fcr mlunicijil purposes and provide for thepayment thereof.

Also,An act to repeal Sections 1 to 7 inclusive, Chapter 4972,

Laws of Florida, approved April 25th, 190()1. entitled anact malking incurable insanitv a ground far divorce cfhusband and wife, and regulatin,-g nroceedings in suchLcases.

Have examined the same and find them correctly en-rolled.

Very respectfully,T. M. SCOTT.


Beg to report that the same has been duly signed by

the Speaker and Chief Clerk of the House of Representa-tives, and is herewith presented to the Senate for the sig-natures of the President and Secretary thereof.

/ (I(-. I

ENROLLED

The President annornced that he was about to sign-An act desialting- a-ho shall act in case of absence or

disability of the police justice in and for the City of KeyWest, a municipaiity existing under the lawrs of the Staleof Florida.

Also,An act to authorize the City of Pensacola to issue nego-

tiable bonds folr mlnicipal purposes and provide for thepayment thereof.

I Also,,jj w :1S:An tto repeal Sections 1 to 7 inclusive, Chapter 4)972,

Laws of Florida, approved April 25th, 1901, entitled anact making incurable insanity a ground for divorce ofhusband and wife, and regulating proceedings in suchcases.

Ui,'~ } The acts were therefore duly signed by the Presidenta, and Secretary of the Senate, and ordered returned to -t-he

I;II ~ c~ Chairman of the Joint Committee on Enrolled Bills toconvey to the Governor for his approval.

;*~ {, - Mr. McCreary moved that the rules be waived and thatd ', |: the Senate take up bills on third reading.

:3~ ' i i' Which was agreed to by a two-thirds vote.'t I: l!And the Senate proceeded to consider-

'I,~ ~BILLS ON THIRD READING.

' I - House Memorial No. E:A memorial to Congress asking for an appropriation

for the Caloosahatchie River.I r~ll~l Mas taken up and read the third time in full and unt

1/ j' ~ upon its passage.Upon call of the roll on House Memorial No. E, the vote

was:

Mr. 1.rosier, Davis Neelw ! j Adams Fallklner

ii,' *Bailey CGillen Raney* * Blaskin EHarris Sams

P4

-633

Clano-va IT nIson StocktonCarter rIumpbries Adswvri li('rnne Jackson ' T"estCrew~'s Lee ZimBlount Cr11] McCreary

Yeas-27.Nays-None.So the memorial passed, title as stated.Senate Bill No. 140:*A bill to be entitled an act to amend Section three of

Chapter 5199, Laws of Florida, -being an act "providingfor the publication of the acts of the Legislature of ag.eneral and permanent nature in newspapers, prescribingtne duties of the Secretary of State and the hoards ofcounty commissioners, and providing compensation forpublishers," approved June 4, 1903.

Was taken up and read the third time in full and putupon its passage.

Upon call of the roll on Senate Bill No. 140, the vtewas:

Mfr. President Crill NeelAdams Davis New-lanBailey 1ulknor Baskin Gillen Sc(ottBlount Farris tIrocktonCanova Humnphries WTVad&-worthCarter Jackson WYestCrace Lee ZhmCrews McCreary

Yeas-26.Nays-None.So the bill passed, title as stated.Committee Substitute for-Senate Bill No. 16:A bil] to be entitled an act to make more perfect rec-

ords of titles to real property in this State.Was taken up and read the third time in full and put.

upon its passage.Upon call of the roll on Committee Substitute for Sen-

ate Bill No. 16, the vote was:

r i634

Mr. President Ciill NeelAdams Davis NewlanBailey Faulkner RaneyBaskin CGTillen Sams

- _ ,- Blount larrls ScottCanova Hudson StocktonCarter HIumplhries WVadsworth

_iL'"; · Clark Jackl;son \VcstCralne Lee. ZiniCrews; MicCreary

Yeas-29.Nays-None.So the bill passed, title as stated.Senate Bill No S::A bill to be entitledl :!n act ereatting the office of Fish

and Game Warde-in and plesscribing its eduties.Was taken utp.

i.,- l Mr. Samlls asked permission to withdraw Senate BilINo. S3.

';~~i 'i* The request was granted.H~e 1 1 Z .And Senate Bill No. 83 was withdrawn.

Tyy Permllission-Mr. Scott, Chairman of the Joint Coummittee on En-

X5 . i ~ rolled Bills, submitted the following report:Ct~~~~~~~ bs -1 |Senate Chamber,

! a~~ ?t~~ t i'~T ml Tallahassee, Fla., May 9, 1905.: X f Hon. Palrk M. Trammell,

I ( ~ ~ Hn Park, President of the Selnate.SIIR-Your Joint Committee on Enrolled Bills to

1' ' m ~whoml was referred-Ai', AIJ act desigrnalting] W'hO shall act in case of absence *r

': I~ !disability of the police justice in and for the City of KeyWest, a municipality existing under the laws of the Stareof Florida.

Also,An act to authorize the City of Pensacola to issue ueoo-

tiable bonds for municipal purposes and provide for the,i~ · · pavment thereof.

Also,An act to repeal Sections 1 to 7 inclusive, Chapter 49 ,

Laws of Florida, approved April 25th. 1901, entitled anact making incurable insanity a ground for divorce of

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husband and wife, and4 regulating proceedings in suchcases.

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



SPECIAL ORDER.

The hour of 4 p. m. having arrived, the Senate proceededto tle consideration of-

Seuate Resolution No. 43:liceolved, That the Senate hereafter meet at 9 o'clock

a. m., instead of 10) as heretofore; and meet at 3 o'clockp. in., instead of 4 as heretofore.

hMr. Clarike moved the adoption of the resolution.Whlich was not agreed to.

''The Senate resumed ccnsideration of-

BILLS ON THIRD READING.

Senate Bill No. 42:A bill to be entitled an act to prohibit the issuing by

any one of checks or orders upon banks or other persons,wihel tile malkers of such orders or checks have not suffi-cient funds on deposit with the drawee to pay such or-ders; to prescribe a rule of evidence therein, and to pro-vide punishment therefor.

lWas taken up and read the third time in full and nutupon its passage.

Upon call of the roll on Senate Bill No. 42 the vote wasYeas-Mfr. President, Senators Ad-ams, Bailey, Baskin,

Blount, Canova, Carter, Clarke, Crane, Crewvs, Crill,Davis, Faulkner, Gillen, Harris, Hudson, Hu.mphries,Jackson, Lee, MeCreary, Neel, Newlan, Raney, Sams,Scott, Stoclkton, Wadsworth, West, Wilson, Zim-30.

Nays-none.So the bill passed, title as stated.Senate Bill No. 40:A bill to be entitled an act to regulate and control the

practice of veterinary medicine and surgery, within theState of Florida.

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W'as talken up and read the third time in full and putupon its passage.

Upon call of the roll on Senate Bill No. 40 the vote was:Yeas-Senators Bailey, Baskin, Blonnt, Carter, Crant,

Crew s, Clrill, Faulknelr, Harris, Hnudson. Humphries, Jack-son, ILee, McCreary, Neel, Newlan, olanev, Sams, Scott.Stol:kton, Wadsworth, WMest, Wilson, Zim-24.

Nays-Mr. President, Canova, Clarke, Gillen--4.So the bill passed title as stated.Senote Bill No. 67:A bill to ble entitled an act to define tenancies at will,

and to prescribe the mode of terminating them, and todefine the status of persons holding ovrer under a writtenlease after the expiration of the term created thereby.

Was taken up.;. Bl~~Mr. Blount asked permission to withdraw Senate BiIl

No. 67.Which wns agreed to.Andcl Senate Bill No. 67 was withdraw-ln.

_g!: q'MAir. Blount moved that nHouse Bill No. 105 be taken upout of its orier and nowr conns-d-rel.

'Which was ageed to by a two-thirds vote.AndIf; 0E~House Bill No. 105:A bill to he entitled an act to define tenancies at will

I^ Q; land to prescribe the mode of terminating them, and todefine the statuls of persons holding over under a writtenlease after the expiration of the term created thereby.

Was talkenl np and read a second time. together with| | tln amllpendlments of the Comlmittee -on Judicianr.

I t +; .1 4 r Plalo-it movred that the rules ble waived and HouseBill No. 105 lie read a second time by its title only.

W hich n-s asiwecd to by a two-thirds vote.ll 11 { .-And House Bill No. 105 was read a second time by its

* 1 'title only.The followinlg comimittee amendlment was readIn Section three, line three, after the word "than"

strike -ont the word "six" and insert in lien thereof the''II !-aword "three."

'Mr. Blount moved the adoption of the committee amend-ment.

-i f.:~ 0~Which was agreed to.'( i4|' Mr. Blount moved that the rules be further waived, and

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that House Bill No. 105, as-amended, be 'ead a third timein fiull and put upon its passage.

Which was agreed to by a two-thirds vote.And eHouse Bill No. 105, as amended, was read a third

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

amended, the vote was: Yeas-Mr. President, Senators Adams, Bailey, Baskin,

Blount, Canova, Carter, Clarke, Crane, Crews, Grill,Davis, Faulkner, Gillen, Hudson, Humphries, Jaci;son,Lee, leCCrearr, Neel, Newlan, Raney, Sans, Scott, Stoee-ton, MTadsworth, West, Zim-28.

Nays-none.So House Bill No. 105, as amended,ipassed, title as

stated.Senate Bill No. 88:A bill to be entitled an act to authorize State Normal

Schools to issue State Normal Certificates and to ple-scribe the conditions for the issuance thereof and for theacceptance thereof as teachers' certificates.

W"as taken up and read the third time in full and oulltupon its passage.

Upon call of the roll on Senate Bill No. 88 the vote was:Yeas-Senators Bailey, Baskin, Blount, Canlova, Carter,

Clarke, Crane, Crewrs, Crill, Fanlklner, Gillen, Hudson,Hnnmphries, Jackson, Lee, MlcCreary, Neel, Newvlan,Raney, Sawms, Scott, Stockton, Wadswrorth, W7ilson, Zion-25.

Nays-Mfr. President. Senators Adams, West-3.So the bill passed, title as stated.Sen-te Bill No. 12S:-A bill to be entitled an act to prescribe the fees of

sl:erl:s in lunacy proceedings.Was taken up and read the third time in full and lut

upon its passage.ipou call of the roll on Senate Bill No. 128 the vote

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

Blount, Canova, Carter, Clarke, Crane, Crews, Crill,t Faulkner, Gillen, Hudson, Humphries, Jackson, Lee, Mc-

Creary, Neel, Newvlan, Rane-, Sams, Scott, Stocklton.Wadsworth, West, Wilson, Zim_28.

Nays-none.So the bill passed, title as stated.

638

House Bill No. 9.A bill to be entitled an act to protect sureties.Was taken up.Mr. Blount inoved that House Bill No. 9 be indefinitely

postponed.Which was agreed to.House Bill No. S6:AV bill to be entitled an act relating to the posting of

lands.WTas taken utp and read the third time in full and put

upon ifs passage.c)f.;oii fall (it the roil on House Bill No. 86 the vote was:

t. P rcsident, Senators Adams, Bailey, Baskill,onrnt, `'anova,, Carter, Clarke, Crane, Crc;; , CGrill,

Fant-nr, (ellen, Hudsion, Humphries, Jackson. LPe,_W; 'e- "eel, ewlan, Rauney, Sams, Sicott, Stockto-,Xz'·- --ni•3 ii, West, Wilson, Zim-28.

t I Pi pa:Issed, title as stated.Senate Bill No. 31:

· I'r V bill to be entitled an act for the relief of estate of; iii George L. King.i, i: tni a is) and read the third time in full and put

upon its passage.Ii she roil on Senate Bill No. 31 the vote was:

Ic ",,'cr'antors Ciwe 17 qFulkner, Hudson, Jackson,McCrearv, Neel, 8ais-ani

6 i~~ N'avS- Mr. President. nenitors Adams, BaskDin, Blount,-mvoi-a, Carter, Claike, Crsews, Crill, Humphries, Lee,

Ncwlmwn, Nancy-, Scott. Stoclkton, Wadsworth, ' T"est, Wil-scn--18.

Fo the bill failed to pass.Senate Bill No. 137:A bill to be entitled an act to amend Section 1508 of

the Revised Statutes of the State of Florida, relating tothe removal of disabilities of married women.


Ui ·· Up_,on call of the roll on Senate Bill No. 137 the voteWas:

Yeas-Mr. President, Senators Adams, Bailey, Baskin,Blount, Canova, Carter, Clarke, Crane, Crews, Grill,Faulkner, Gillen, Harris, Hudson, Hnmphries, Jackson,

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Lee, McCreary, Neel, Newlan, Sams, Scott, Stocktoi.Wadswoorth, Wcest, Wilsou-27.

Nays-none.So the Bill passed, title as stated.House Bill No. 62:A bill to be entitled an act to require proposed Con-

stitutional amendments to be displayed at voting pre-cincts on election da's.

Was taken up and read the third time in full as amend-ed and put upon its passage.

Upon call of the roll-on House Bill No. 62 as amendedthe vote was:

Yeas-Mr. President, Senators Adams, Bailey, Baskin,Blount, Carter, Clarke, Crane, Crews, Grill, Faulkner,Gillen, Harris, Hudson, Humphries, Jackson, Lee, Mc-Creary, Neel, Newlan, Raney, Sams, Scott, Stockton,WTest, Wilson-26.

Nava-none.So the bill passed as amended, title as stated.Senate Joint Resolution No. 38:A joint resolution proposing an amendment to Article

V of the Constitution of the State of Florida, relative tothe judiciary department.


Upon call of the roll on Senate Joint Resolution No. 38,the vote was:

Yeas-Mr. President, Senators Adams, Bailey, Baskin,Blount, Canova, Clarke, Crane, Crews, Crill, Davis,Faulkner, OIllen, Harris, Hudson, flumphries Jackson,Lee, McCreary, Neel, Newlan, Raney, Sams, Scott, Stock-ton, West, Wilson, Zim.-28.

Nays-M-r. Carter.-1.So Senate Joint Resolution No. 38, having received the

Constitutional majority of three-fifths of all the memberselected to the Senate, was passed, title as stated.

Senate Bill No. 1I1:A bill to be entitled an act to amend Section 1, of Chap-

ter 5235, of the Laws of Florida, relating to worlking andrepairing and maintaining the public roads and bridgesof the several counties of this State, ant to provide pen-alties for the violation thereof.

Was taken up.

(ilL)

Mr. Harris moved to indefinitely postpone Senate BillNo. 151.

\Thich was agreed to.Senate Bill Nco. 149:A bill to be entitled an act to provide for the privileges

of witnesses in investigations and prosecutions for theli'~ 7~violation of the stitutes against bribery, gaming and

'I:~ ~gambling. and for violation of the statutes against theillegal ;alc of spirituous, vinous or malt liquors.


Upon call of the roll on Senate Bill No. 149, the votewas:

Yeas-Mr. President, Senators Adams, Bailey, Baskin,Blount, Canova, Carter, Clarke, Crane, Crews, Crill,Faulkner, Gillen, Harris, Hudson, Humphries, Jackson,Lee, McCreary, Neel, Newlan, Raney, Sams, Scott, Wads-

: '~ F~worth, WTest, Wilson, Zim.-28.Nays-None.So the bill passed, title as stated.Mr. Clalke moved that Senate Bill No. 164 be taken up

;* ~1 i out of its order and now considered.Which was agreed to by a two-thirds vote.And,Senate Bill No. 164:

% z : ! 1~A bill to be entitled an act to regulate the holding coffestivals for private gain in this State.

Was taken up.Mr. Scott moved that Senate Bill No. 164 be recom-

mitted to the Committee on Finance an dTaxation.W'llicli nv;ls agreedl to.Senate Bill No. 136.

; X Al ~~A bill to be entitled an act to define and limit the time,ill~ *within whieh writs of error may be sued out in criminal

cases.I:~ i~ ~ Was taken up and read the third time in full and put

; h·i~i ~ upon its passage.~~~* ~ Upon call of the roll on Senate Bill No. 136, the vote

was:Mr. President, Senators Adams, Bailey, Baskin, Blount,

Canova, Carter, Clarke, Crane, Qrews, Grill, Faulkner,i 1

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Harris, Humphries, Jackson, Lee, McCreary, Neel, Sarn,Scott, Stockton, Wadsworth, Zim.-23.

Nays-Raney, West, Wilson.-3.So the bill passed, title as stated.Senate Bill No. 24:A bill to be entitled an act to provide liens for mechan-

ics, artisans and laborers, and the manner in which suchliens shall be acquired, and-to provide a remedy for theenforcement of such liens.

Was taken up.Mr. Zim moved that Senate Bill No. 24 be laid on the

table subject to call.Which was agreed to.At 5:40 o'clockMr. Blount moved that the Senate go into executive

session.Which was agreed to.And the doors were closed.At 5:45 o'clock-The doors waere opened.LThe President in the chair.The roll bellng called, the following members answered

to their namnlesMr. P'resident, Senators Adams, Bailey, Baskin, Blount,

Caiter-, Crmne, Crews, Crill, Faulkner, Gillen, Hudson,Humpjhries, Jackson, Lee, McCreary, Raney, Sams, Scott,Stockton, aladsworth, Miest, Wilson, Zim-24.

A quorunl present.By permnission-

Mr. Grill introduced-Senate Bill No. 259:A bill to be entitled an act to authorize the city of Pa-

latka to build lateral sewers from the main sewers thathave been, or liay hereafter be laid by said city along thestreets of said city to the lots or pieces of land abuttingthereon; to create liens in favor of said city against suchlots or pieces of land to which same may be built; toprovide for the payment thereof, and to provide a penaltyfor default in such payment.

Which was read the first time by its title and referredto the Committee on Temperance.

By permission-

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AMl. HIumphries introducedlSenate Bill No. 2G60:A bill to be entitled an act to alllend and supplelilelt

~-~--_~ the Charter of the towvn of Punta Gorda, Florida, designnated as Ch'alpter 50S, Laws of Florida of 1901.

Which w-as read the first time by its title and referred.~7r~ ~~ ito the Committee on'City and County Organization.6LI ._~ By permission-

Mr. Humphries introduced-Senate Bill No. 261:A bill to be entitled an act making it a violation of law

to assist in plrocuriing or buying wincs, beers or otherintoxicating liquors in coulnties or precincts w-he.e localoption exists, and prescribing a penalty therefor.

WVMhicth lwals read the first time by its title and referredto the Comnitte on Judiciary.

:j , S Mr. Adams moved that the Senate adjourn until 1.0V o'clock tomorrow.Which was agreed to.JThereupon the Senate stood adjourned until tombrrow,

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

\~1::~ 4' CCONFIRMATIONS.

.it,::~ ; Thomas J. Britson, to be custodian of lost timber Inand for the port of Pensacola, Florida.

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