Group Title: Journal of the Florida House of Representatives.
Title: Journal of the House of Representatives of the session of ..
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 Material Information
Title: Journal of the House of Representatives of the session of ..
Alternate Title: Journal of the House of Representatives, State of Florida
Journal of the House of Representatives of the State of Florida of the session of ..
Physical Description: 184p. ; 23-32 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: Florida. Legislature. House of Representatives.
State Printer
Place of Publication: Tallahassee, Fla
Publication Date: 1956
Copyright Date: 1956
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Subject: Legislative journals -- Periodicals -- Florida   ( lcsh )
Politics and government -- Periodicals -- Florida   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
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Additional Physical Form: Electronic reproduction of copy from George A. Smathers Libraries, University of Florida also available.
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General Note: Description based on: 1907.
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Bibliographic ID: UF00027772
Volume ID: VID00002
Source Institution: University of Florida
Holding Location: University of Florida
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Resource Identifier: oclc - 12895215
alephbibnum - 003417935
oclc - 12901236
lccn - sn 85065608
 Related Items
Preceded by: Journal of proceedings of the House of Representatives of the Legislature of the State of Florida
Succeeded by: Journal of the Florida House of Representatives

Full Text






Journal
of the

House of Representatives

July 23 through August 1, 1956

SPECIAL SESSION
Pursuant to
Article IV, Section 8
Florida Constitution




















Members Of The House Of Representatives

For Special Session


Alachua Group 1 Ralph D. Turlington, 223 West Uni- Lee Group 1 W. H. Carmine, Jr., P. O. Box 228,
versity Avenue, Gainesville Fort Myers
Group 2 J. Emory (Red) Cross, P. O. Box 411, Group 2 Walter O. Sheppard, 1927 Cordova
Gainesville Avenue, Fort Myers
Baker John J. Crews, Jr., P. O. Box 264, Leon Group 1 Mallory E. Home, P. O. Box 725, Tal-
Macclenny lahassee
Bay Group 1 Frank M. Allen, 342 South Palo Alto, Group 2 Kenneth Ballinger, Center Building,
Panama City Tallahassee
Group 2 J. C. Bodiford, P. O. Box 1022, Pan- Levy Frank Marshburn, Box 69, Bronson
ama City Liberty J. S. (Red) Alexander, Bristol
Bradford Doyle E. Conner, Stark Madison E. B. (Shorty) Jones, Greenville
Brevard Group 1 A. Max Brewer, Titusville Manatee Group 1 William C. Grimes, Palmetto
Group 2 0. L. Burton, Eau Gallie Group 2 J. E. Pratt, 717 21st St., W. Bradenton
Broward Group 1 Andrew J. Musselman, Jr., 412 NE Marion Group 1 C. Farris Bryant, P. O. Box 563, Ocala
18th Avenue, Pompano Beach Group 2 William V. Chappell, Jr., 4 South
Group 2 Thomas E. (Ted) David, 2206 Funston Magnolia Street, Ocala
Street, Hollywood Martin Marvin H. Rowell, Stuart
Calhoun Marion B. Knight, Blountstown Monroe Bernie C. Papy, Key West
Charlotte John M. Hathaway, Box 638, Punta Nassau James P. Page, Jr., Fernandina Beach
Gorda Okaloosa Charles D. Stewart, P. O. Box 643,
Citrus Harry H. Gleaton, Inverness Ft. Walton Beach
Clay S. D. (Sam) Saunders, Middleburg Okeechobee Nathan Zelmenovitz, Okeechobee
Collier David C. Jones, Jr., Box 796, Naples Orange Group 1 Henry W. Land, Apopka
Columbia B. D. (Georgia Boy) Williams, Lake Group 2 William C. Coleman, Jr., 1500 Wood-
City land, Orlando
Dade Group 1 George S. Okell, 902 Biscayne Build- Osceola J. J. Griffin, Jr., 435 Florida Avenue,
ing, Miami St. Cloud
Group 2 John B. Orr, Jr., 3538 Crystal Court, Palm Beach Group 1 Ralph J. Blank, Jr., West Palm Beach
Coconut Grove Group 2 Emmett S. Roberts, P. O. Box 488,
Group 3 W. C. (Cliff) Herrell, 173 Navarre Belle Glade
Drive, Miami Springs Pasco J. R. A. Williams, P. O. Box 911, Dade
DeSoto S. C. Smith, Arcadia City
Dixie Hal Chaires, Oldtown Pinellas Group 1 Fred C. Petersen, 201 4th Ave., S., St.
Duval Group 1 Lacy Mahon, Jr., 702 Graham Build- Petersburg
ing, Jacksonville Group 2 Charles R. Johnson, Jr., 1450 Coral
Group 2 Harry W. Westberry, 152 Tallulah Av- Way, S., St. Petersburg
enue, Jacksonville Group 3 B. E. Shaffer, Route 2, Box 568, Clear-
Group 3 William H. (Bill) Maness, 704 Florida water
Theatre Bldg., Jacksonville Polk Group 1 Roy Surles, P. O. Box 1375, Lakeland
Escambia Group 1 J. B. Hopkins, Kennedy Bldg., Pen- Group 2 Boone D. Tillett, Jr., Lake Wales
sacola Group 3 Ben Hill Griffin, Jr., Frostproof
Group 2 Webb C. Jernigan, P. O. Box 584, Putnam James N. (Gator) Beck, Palatka
Pensacola St. Johns Group 1 F. Charles Usina, P. O. Box 177, St.
Flagler H. T. Cook, Bunnell Augustine
Franklin Mrs. Bryant Patton, Apalachicola Group 2 (Sonny) Nathan I. Weinstein, 1611/2
Gadsden Group 1 W. M. Inman, Quincy St. George St., St. Augustine
Group 2 C. Fred Arrington, Havana St. Lucie Lawrence L. King, 28 Florida Bank
Gilchrist Rowell Lancaster, Trenton Building, Ft. Pierce
Gladehris H.Peell L aster, Tenus Santa Rosa John S. Pittman, Box 206, Jay
Gulf Cecil H. lostin, Jr., ort St Joe Sarasota Group 1 George E. Youngberg, Sr., Castile Rd.,
Hamilton J. W. McAlpin, White Springs Venice
Hardee G. W. (Dick) Williams, Wauchula Group 2 Henry S. Bartholomew, P. O. Box
H-Iendry Elbert L. Stewart, Clewiston 646, Sarasota
Hernando Jacob V. Var, Brooksville Seminole Group 1 Mack N. Cleveland, Jr., Atlantic Na-
Highlands Howard Livingston, Box 246, Sebring Group 2 Gordonal BV.nk Bulderickng, Sanford
Hillsborough Group 1 James S. Moody, Plant City Group 2 Gordon V. Frederick, Sanford
Group 2 Tom Johnson, 416 Tampa St., Tampa umter Evan A (Billy) Mertt, Jr., P. 0. Box
Group 3 Sam M. Gibbons, 918 First National Suwannee Huston W. Rbrts, Live Oak
pSuwannee Houston W. Roberts, Live Oak
Holmes Harnke J Building, Tampa Taylor O. W. Jones, Perry
Holmes Harvie J. Belser, Bonifay Union G. Fred Andrews, Lake Butler
Indian River Sherman N. Smith, Jr., 1601 20th St., Volusia Group 1 Thomas T. Cobb, 219 Magnolia Ave-
Jackson Group 1 Hugh Dukes, Cottondale nue, Daytona Beach
Jackson Group 1 Hugh Dukes, Cottondale Group 2 James H. Sweeny, Jr., 302 S. Spring
Group 2 John S. Shipp, Jr., 525 North Russ Garden Avenue, DeLand
Jefreet, Marianna Wakulla Z. Wallenstein Revelle, Panacea
Jefferson Prentice P. Pruitt, Monticel Walton Thos. D. (Tom) Beasley, DeFuniak
Lafayette Homer T. Putnal, Mayo Springs
Lake Group 1 J. A. (Tar) Boyd, Leesburg Washington Sam Mitchell, Vernon
Group 2 Carl E. Duncan, Tavares



























OFFICERS OF THE HOUSE OF REPRESENTATIVES



Speaker-Thomas E. (Ted) David, Hollywood

Speaker Pro Tempore-S. D. (Sam) Saunders, Middleburg

Chief Clerk-Mrs. Lamar H. Bledsoe, Tallahassee

Sergeant-at-Arms-Amos Davis, Quincy















JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION


Monday, July 23, 1956


Beginning of an Extraordinary Session of the Florida Legis- Broward County will be ready to receive patients and begin
lature, convened by proclamation of his Excellency, LeRoy operations before the 1957 session of the Legislature, and there
Collins, Governor of the State of Florida, under proclamation is no appropriation of funds for these operating expenses; and
hereafter set out, held at the Capitol in the City of Tallahassee there is also an immediate need for a change in the law which
in the State of Florida. governs the commitment of the mentally incompetent so as
to include confinement in the South Florida Mental Hospital,
Monday, July 23, 1956 and
The following proclamation of the Governor convening WHEREAS, there now exists a deplorable situation in the
the Legislature in extraordinary session was read by the State in which there is a waiting list of some 655 active appli-
Honorable Thomas E. David, Speaker of the House of Repre- cations to the Farm Colony in Gainesville, which is already
sentatives: reaching its maximum patient capacity, and it becomes impera-
tive that an appropriation be made for the prompt planning of
A PROCLAMATION BY THE GOVERNOR an additional institution to take care of the mentally retarded
To The Honorable Members of children of this State, and
The Senate and The House of Representatives: WHEREAS, a saving of considerable money to the State
WHEREAS, a special committee appointed by the Gov- would be accomplished by an additional appropriation at this
ernor and the Attorney General of the State of Florida time of $800,000 to complete the structural work of the Teach-
(with Judge L. L. Fabisinski as Chairman) to recommend cg Hospitals Building at the University of Florida Medical
legislative action relating to public school education and School also by allowing for the diversion of $425,000 previously
other internal affairs of the State of Florida has recom- appropriated and allocated for equipment, recognizing that the
other internal affairs of the State of Florida has recom- entire cost of equipment would be provided for by funds to be
mended specific legislation relating to assignment of pupils appropriated at the next regular legislative session, and
in the public schools, the assignment of teachers, the vesting
of power in the Governor to promulgate and enforce rules WHEREAS, in view of the foregoing extraordinary conditions
and regulations relating to the powers of the Governor to now existing in Florida, I find that the best interest of the
act in the event of an emergency to prevent or suppress dis- State will be served by enacting certain legislation without
order, and a proposed resolution of the Legislature of the further delay,
State of Florida protesting the threat to the rights of the
people of Florida by the Supreme Court of the United States, NOW, THEREFORE, I, LeRoy Collins, Governor of the State
and of Florida, by virtue of the power and authority vested in me
by the State Constitution, do hereby convene the Legislature
WHEREAS, the Mediterranean fruit fly-the most de- of the State of Florida in extraordinary session at the Capitol
structive pest of citrus and other tropical and subtropical at 2 o'clock p.m., July 23, 1956, for the sole purpose of consid-
fruit and vegetables-presents an immediate and dangerous ering the enactment of the following laws:
threat to the economy of Florida, and it is imperative that
it be eradicted and that necessary funds be appropriated for 1. The proposed legislation as recommended by the Fabi-
such purpose, and sinski committee relating to public school education and other
internal affairs of Florida deemed expedient after consideration
WHEREAS, the penal system of the State of Florida is of recent decisions of the Supreme Court of the United States,
strained beyond its capacity by overcrowding which could and a proposed resolution as recommended by the said com-
be alleviated by prompt construction of additional facilities mittee protesting the threat to the rights of the people of
already planned at existing institutions and by further Florida by the Supreme Court of the United States.
planning to meet established needs and it becomes necessary
to prepare for a long range program which would enable the 2. The appropriation of adequate funds to be used in the
State to establish a complete penal and correctional system, eradication of the Mediterranean fruit fly.
and 3. The appropriation of adequate funds to construct two
WHEREAS, an immediate way to help relieve the over- additional dormitories and a water system at the Florida
crowding in our prisons is the expansion of the staff and Correctional Institution for Women at Lowell.
program of the Florida Parole Commission, which would allow 4. The appropriation of adequate funds to promptly com-
the Commission to better screen prisoners before they are plete construction of a maximum security building at the State
sent to the correctional institutions and also to enable the Prison at Raiford.
Commission to supervise additional prisoners who could be
eligible for parole, and 5. The appropriation of adequate funds for the planning of
an over all penal system and the planning of additional con-
WHEREAS, traffic accidents in Florida have reached alarm- struction at the Apalachee Correctional Institution and the
ing proportions this year, with an increase of 20 per cent Florida Correctional Institution for Women at Lowell.
killed and almost 30 per cent injured, resulting in untold loss,
suffering and sorrow, with many millions of dollars in property 6. The appropriation of adequate funds to expand the staff
damage, and it is imperative that a maximum speed limit be and program of the Florida Parole Commission.
established and that the Florida Highway Patrol be given
adequate personnel and facilities to cope with this very great 7. The appropriation of adequate funds to (a) complete the
emergency, and headquarters building of the Florida Highway Patrol, and to
remove the restrictions concerning the priority of this building,
WHEREAS, certain individuals in this State are injuring and (b) to increase the personnel and facilities of the Florida
the reputation of reputable real estate dealers and developers Highway Patrol to enable them to better carry out the existing
and of the State itself by unsound advertising of real estate laws, and to remove the restrictions as to number of patrol
developments, and it becomes essential that immediate cor- units and as to pay of recruits.
rective legislation be enacted to combat this situation so as
to protect the State and the would-be purchasers under these 8. Fixing a maximum speed limit for traffic on the highway.
schemes, and
9. Prohibiting the use of false and misleading advertisements
WHEREAS, the new South Florida Mental Hospital in in real estate development.

1












2 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 23, 1956

10. The appropriation of adequate funds for the operation July 23, as soon as it is convenient to you and the other
of the South Florida Mental Hospital. members of the Legislature after the convening of the ex-
traordinary session. I suggest the time of 2:30 p.m., if this is
11. Allowing the commitment of mental patients to the agreeable.
South Florida Mental Hospital. Respectfully,
12. The appropriation of adequate funds for the archi- LeRoy Collins
tectural and engineering planning of an additional institution Governor
for the care of mentally retarded children, to be located in Mr. Okell moved that the Rules of the 1955 Regular Session
Lee County. be adopted as the Rules of this Extraordinary Session.
13. The appropriation of adequate funds to complete the The motion was agreed to.
8th (or psychiatric floor), the 4th, 5th and 6th floors of Unit E,
and the first floor of Unit H of the Teaching Hospital Building Mr. Okell was given unanimous consent to introduce and
of the Florida Medical Center. consider an organizational resolution.
IN WITNESS WHEREOF, I have hereunto set my INTRODUCTION OF HOUSE RESOLUTION
hand as Governor, and caused the Great Seal of
the State of Florida to be affixed hereto at Talla- By Mr. Okell of Dade-
(SEAL) hassee, Florida, the Capital of the State, this 20th
day of July, A. D. 1956. H. R. No. 1-XX-Providing for the rules of procedure and
LEROY COLLINS policies of the House of Representatives of the 1956 Extra-
Governor ordinary Session of the Florida Legislature.
BY THE GOVERNOR ATTEST: Be It Resolved by the House of Representatives of the State
Secretary of State of Florida, in Extraordinary Session Assembled:
1The House That the rules of procedure of the House of Repre-
PTe was called to1 order by the Speaker at 2:00 sentatives prevailing in the 1955 Regular Session of the Flor-
M., Monday, uy 2 19. ida Legislature shall govern this body until the Committee
The roll was taken and the following Members were recorded on Rules and Calendar shall otherwise report and such re-
present: port be adopted.
Mr. Speaker Crews Land Rowell 2. That the Speaker of the House of Representatives appoint
Alexander Cross Livingston Saunders a Chief Clerk, a Sergeant-at-Arms, and a Chaplain.
Allen Dukes Mahon Shaffer 3. That members of the House of Representatives be allowed
Andrews Duncan Maness Sheppard to designate competent attaches for secretarial service as the
Arrington Frederick Marshburn Shipp Speaker may approve. Such attaches are to be enrolled as
Ballinger Gibbons McAlpin Smith, S. C. employees of the House from the date their employment is
Bartholomew Gleaton Merritt Smith, S.N.,Jr. approved. Such attaches must be present and occupied each
Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D. day they are paid.
Beck Griffin, J. J. Moody Stewart, E. L.
Belser Grimes Musselman Surles 4. That the Speaker is hereby authorized to employ, in
Blank Hathaway Okell Sweeny compliance with Section 16.44, Florida Statutes, 1951, a com-
Bodiford Herrell Orr Tillett petent indexer, and also one special assistant, each to serve
Boyd Hopkins Page Turlington under the supervision of the Attorney General and to receive
Brewer Horne Papy Usina the same compensation and remuneration as the other clerical
Bryant Inman Patton Varn assistants in the House.
Burton Jernigan Peeples Weinstein
Carmine Johnson,C.R.Jr.Petersen Westberry 5. That the Speaker is hereby authorized to employ, jointly
Chaires Johnson, Tom Pittman Williams, B.D. with the Senate, one legal assistant to serve with the Legisla-
Chappell Jones, D.C.Jr. Pratt Williams,G.W. tive Reference Bureau in the examination of the measures
Cleveland Jones, E. B. Pruitt Williams,J.R.A. introduced in the House and Senate for the purpose of deter-
Coleman Jones, O. W. Putnal Youngberg mining their conformity to the rules of the House and Senate,
Conner King Revelle Zelmenovitz one-half of the compensation for such legal assistant to be
Cook Knight Roberts, E. S. paid by the House.
Costin Lancaster Roberts, H. W. 6. That the Speaker of the House of Representatives is
Excused: Mr. Cobb. hereby authorized to appoint such additional attaches for
A quorum present, the conduct of the business of the House as he may deem
necessary, taking into consideration the wish of the House
The following prayer was offered by the Reverend Oliver that expenses be kept to the minimum necessary for the
Carmichael, Chaplain: conduct of the business of the House during this extraordi-
Grant to us, 0 God,i this day to do whatever duty lies before nary session, and that the Speaker is authorized to fix their
Gant t u O G h day rtoo whatever duty lies before rate of compensation, in line with the rates for such personnel
us with cheerfulness and sincerity of heart. Help us in all as prevailed during the regular session. The attaches ap-
things fearlessly to do what we know is right. Remove from pses e $ a
us all hypocrisy and pretense. Make us faithful, unselfish, pointed by the members shall each receive $12.00 per day.
and strong. And so bring us to the ending of the day un- 7. That each member of the House of Representatives shall
ashamed and with a quiet mind, through Jesus Christ our be paid mileage as allowed by law for one round trip between
Lord. Amen. their homes and the seat of government for each seven days
COMMUNICATIONS of this extraordinary session, to include one trip from home
The following communication was received and read: to the seat of government at the start of this session and from
the seat of government to home at the end thereof.
STATE OF FLORIDA 8. That a maximum of 2,500 copies of the Daily Journal
EXECUTIVE DEPARTMENT and a maximum 550 copies of the Daily Calendar be ordered
TALLAHASSEE printed each day.
July 23, 1956 9. That each member of this House be allowed to mail
Honorable Thomas E. (Ted) David
Speaker of the House of Representatives a maximum of twenty daily copies of the Journal.
State Capitol 10. That such stamps as each member may require be
Tallahassee, Florida furnished as authorized by the Speaker.
Dear Mr. Speaker: 11. That the House Administration Committee be authorized
and directed to furnish to the members of this House all
I would like the privilege of addressing a joint session of stationery, stamps and other necessary supplies for the use
the Senate and the House of Representatives today, Monday, of the members.













July 23, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 3

12. That each member of the House of Representatives CONSIDERATION OF MESSAGES FROM THE SENATE
shall be paid per diem during this extraordinary session of
the Legislature as authorized by law for the Governor and The following message from the Senate was received and
cabinet members within the state, read:
Tallahassee, Florida
-was read in full.
July 23, 1956
Mr. Okell moved the adoption of the resolution. Hon. Ted David
Speaker of the House of Representatives.
The motion was agreed to and House Resolution No. 1-XX
was adopted. Sir-
The Speaker announced that he had appointed Mrs. Lamar I am directed by the Senate to inform the House of Repre-
Bledsoe as Chief Clerk of the House, and Mr. Amos H. Davis sentatives that the Senate has adopted-
as Sergeant-at-Arms of the House. By Mr. urles of Polk-
By Mr. Surles of Polk-
Thereupon, the Chief Clerk and Sergeant-at-Arms signed
written oaths of office before a Notary Public, which were H. C. R. No. 2-XX-A Concurrent Resolution providing that
ordered filed in the Chief Clerk's Office. the House of Representatives and Senate convene in Joint
Session in the Chamber of the House of Representatives at
Mr. Boyd moved that a committee be appointed to notify 2:30 P. M., July 23, 1956.
the Senate that the House of Representatives is organized and
ready to transact business. WHEREAS, His Excellency LeRoy Collins, Governor of
Florida, has expressed a desire to address the Legislature of
The motion was agreed to. Florida in Joint Session on this day, Monday, July 23, 1956,
at 2:30 P. M.;
Thereupon, the Speaker appointed Messrs. Boyd of Lake,
Knight of Calhoun and Griffin of Polk as the committee which Therefore Be it Resolved by the House of Representatives,
retired and after a brief absence returned and reported that The Senate Concurring:
they had performed their duty and were thereupon discharged.
That the House of Representatives and Senate convene in
Mr. Mahon moved that a committee be appointed to wait Joint Session in the Chamber of the House of Representatives
"upon His Excellency, Governor LeRoy Collins, and notify him at 2:30 P. M. this day, Monday, July 23, 1956, for the purpose
that the House of Representatives is organized and ready to of receiving His Excellency's message.
transact business.
Very respectfully,
The motion was agreed to. ROBT. W. DAVIS,
Thereupon the Speaker appointed Messrs. Mahon of Duval Secretary of the Senate.
Surles of Polk and Smith of Indian River as the committee And House Concurrent Resolution No. 2-XX, contained in
which retired and after a brief absence returned and reported the above message, was ordered enrolled.
that they had performed their duty and were thereupon Mr. Okell moved that the House stand in informal recess
until 2:25 P.M. today.

A committee consisting of Senators Dickinson and Bishop The motion was agreed to.
appeared at the Bar of the House of Representatives and re- Thereupon, at the hour of 2:20 P.M., the House stood in
ported that the Senate was organized and ready to transact informal recess.
business.
The House reconvened at 2:25 P. M.
Mr. Surles was given unanimous consent to introduce and THE SPEAKER IN THE CHAIR
consider a concurrent resolution providing for a joint session
for the purpose of receiving the Governor's message. A roll call was ordered to determine the presence of a
quorum.
INTRODUCTION OF HOUSE CONCURRENT RESOLUTION A quorum of 94 Members present.

By Mr. Surles of Polk-
JOINT SESSION
H. C. R. No. 2-XX-A concurrent resolution providing that The hour of 2:30 P. M. having arrived, the Members of the
the House of Representatives and Senate convene in joint Senate appeared at the bar of the House and were awarded
session in the Chamber of the House of Representatives at seats.
2:30 P. M., July 23, 1956.
WHEREAS, His Excellency LeRoy Collins, Governor of Flor- The roll of the House was taken and the following members
WHEREAS, His Excellency LeRoy Collins, Governor of Flor- were recorded present:
ida, has expressed a desire to address the Legislature of Florida
in Joint Session on this day, Monday, July 23, 1956, at 2:30 Mr. Speaker Crews Land Rowell
"P. M.; Alexander Cross Livingston Saunders
THEREFORE BE IT RESOLVED BY THE HOUSE OF Allen Dukes Mahon Shaffer
THEREFORE BE IT RESOLVED BY THE HOUSE OF Andrews Duncan Maness Sheppard
REPRESENTATIVES, THE SENATE CONCURRING: Andrews Duncan Maness Sheppa
Arrington Frederick Marshburn Shipp
That the House of Representatives and Senate convene in Ballinger Gibbons McAlpin Smith, S. C.
Joint Session in the Chamber of the House of Representatives Bartholomew Gleaton Merritt Smith, S.N.,Jr.
at 2:30 P. M. this day, Monday, July 23, 1956, for the purpose Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
of receiving His Excellency's message. Beck Griffin, J. J. Moody Stewart, E. L.
Belser Grimes Musselman Surles
-was read in full. Blank Hathaway Okell Sweeny
Bodiford Herrell Orr Tillett
Mr. Surles moved that the rules be waived and House Boyd Hopkins Page Turlington
Concurrent Resolution No. 2-XX be read the second time in Brewer Horne Papy Usina
full. Brewer Home Papy Usina
/ Bryant Inman Patton Varn
The motion was agreed to by a two-thirds vote and House Burton Jernigan Peeples Weinstein
Concurrent Resolution No. 2-XX was read the second time Carmine Johnson,C.R.Jr.Petersen Westberry
in full. Chaires Johnson, Tom Pittman Williams, B.D.
Chappell Jones, D.C.Jr. Pratt Williams,G.W.
Mr. Surles moved the adoption of the concurrent resolution. Cleveland Jones, E. B. Pruitt Williams,J.R.A.
Coleman Jones, O. W. Putnal Youngberg
The motion was agreed to and House Concurrent Resolution Conner King Revelle Zelmenovitz
No. 2-XX was adopted and ordered immediately certified to Cook Knight Roberts, E. S.
the Senate. Costin Lancaster Roberts, H. W.












4 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 23, 1956

A quorum of the House of Representatives present. sion. Your fine President of the Senate and Speaker of the
House, your able interim committees and their chairmen,
THE PRESIDENT OF THE SENATE IN THE CHAIR your Legislative Council, all have served with extraordinary
The roll of the Members of the Senate was called and the competence and dedication in order that you could have
following Senators answered to their names: from the beginning of the session information and recom-
mendations which will facilitate the understanding and dis-
Mr. President Clarke Hodges Rawls patch of your work.
Baker Connor Houghton Rodgers
Barber Dickinson Johns Rood The emergencies which, with your indulgence, I shall
Beall Douglas Johnson Shands enumerate in a moment, are acute. Otherwise I would not
Bishop Edwards Kickliter Stenstrom have asked you to put aside your private pursuits and come
Black Floyd Melvin Stratton here for this special session.
Bronson Fraser Morgan Tapper While they are diverse, for the most part these emergen-
Cabot Gautier (28th) Neblett cies arise out of entirely wholesome circumstances. No major
Canton Gautier (1th) Pearce state in the Nation is growing as rapidly as Florida today.
Carraway Getzen Pope It is natural that this unprecedented growth, which all of
A quorum of the Senate present. us so earnestly seek, should bring with it many problems
which challenge the best within us in order that the State
The following prayer was offered by the Reverend Oliver may be kept in sound balance, and that government will
Carmichael, Chaplain of the House: properly serve the general welfare.
Almighty God, Who hast given us this good state for our PENAL SYSTEM
heritage: we humbly beseech Thee that we may always prove
ourselves a people mindful of Thy favor and glad to do Thy Our growth perhaps has had its greatest impact upon our
will. Bless our state with honorable industry, sound learning, State institutions. It is difficult for any State to keep up with
and pure manners. Save us from violence, discord, and con- its institutional programs, but a burgeoning State such as
fusion; from pride and arrogancy, and from every evil way. Florida has enormous and unusual problems in doing so.
Defend our liberties, and fashion into one united people the Raiford-
multitudes brought hither out of many kindreds and tongues.
Endow with the spirit of wisdom those to whom in Thy name A recent riot at the State Prison at Raiford has served as
we entrust the authority of government, that there may be a cruel reminder that reforms in the field of penology are
justice and peace at home, and that, through obedience to long overdue in Florida.
Thy law, we may show forth Thy praise among the nations The members of the State Cabinet have recently taken
of the earth. In the time of prosperity, fill our hearts with steps to obtain the services of an outstanding penologist to
thankfulness, and in the days of trouble, suffer not our trust serve as advisor, coordinator, and overall director of our
in Thee to fail: all which we ask through Jesus Christ, our prison and correctional system.
Lord. Amen.
It will be his task not only to supervise these facilities for
Senator Shands of the 32nd District moved that a commit- the Cabinet but to recommend to it and to the Legislature
tee be appointed to notify His Excellency, Governor LeRoy proper administrative, legislative and constitutional reforms
Collins, that the Joint Session of the Senate and House of so that we may develop a prison system second to none in
Representatives was assembled and ready to receive his mas- service, efficiency, and economy of operation.
sage.
Meanwhile, we are faced with an emergency situation in
The motion was agreed to. the physical plant at Raiford, where-despite recent efforts
to remove as many prisoners as possible to other institutions
Thereupon, the President of the Senate appointed Senators -there are about 800 more inmates than the prison has been
Shands of the 32nd District and Carlton of the 27th Dis- designed to hold.
trict on the part of the Senate, and Messrs. Hopkins of Es-
cambia, Musselman of Broward and Land of Orange on the A new maximum security building is desperately needed
part of the House, who retired to perform their mission, and there. The 1955 regular session appropriated $90,000 for con-
after a brief absence returned escorting His Excellency, Le- struction of such a facility anticipating that the work would
Roy Collins, Governor of Florida, accompanied by the Hon- be done with prison labor. You are now asked to appropriate
orable R. A. Gray, Secretary of State; the Honorable Richard an additional $50,000, which will enable construction to be
W. Ervin, Attorney General; the Honorable Clarence M. Gay, completed, by use of trained construction crews, in less than
Comptroller; the Honorable J. Edwin Larson, Treasurer; the half the time that would be required if we continued the plan
Honorable Nathan Mayo, Commissioner of Agriculture, and to use prison labor alone.
the Honorable Thomas D. Bailey, Superintendent of Public In- Lwell-
struction, constituting the Cabinet of the State of Florida. owel
Crowded conditions already have caught up with us also
The President of the Senate then presented the Governor, at the Florida Correctional Institution for Women at Lowell,
who delivered the following Message: where the population rose to 250 even before the institution
-designed to house 180-could be completed. Today, 270 are
GOVERNOR'S MESSAGE housed there. To relieve this emergency, we need at this time
$180,000 with which to build two additional dormitories for
EXTRAORDINARY SESSION OF THE FLORIDA which the plans can be quickly provided, and $40,000 to in-
LEGISLATURE JULY 23, 1956 stall an adequate water supply system.

Mr. President Davis, Mr.. Speaker David, distinguished mem- I further recommend an appropriation of $20,000 to plan
bers of the Senate and House of Representatives of the Florida other badly needed facilities at Lowell, including kitchen and
Legislature, ladies and gentlemen: dairy units and personnel housing. An appropriation to pro-
vide for the actual construction of these facilities will prob-
Once again let me welcome you to Tallahassee. It is indeed ably be asked of the regular session next spring.
a personal as well as an official greeting that I extend to you
as you take up the work of this extraordinary session. Apalachee-
I have every confidence in your ability and desire to per- It is estimated that at least 600 prisoners from Raiford
form efficiently the duties at hand, and there should be no and the various road camps would be suitable for the pro-
reason why this cannot be a brief but productive session- gram at the Apalachee Correctional Institution for first
one which will reflect great credit to you and to our State. offenders- provided Apalachee could take them.
I do not believe that at any point in Florida's history has Apalachee now has dormitory space available for only 150.
there occurred so much joint planning, and such a fine Another dormitory, just begun, will house an additional 150.
spirit of cooperation, between the Legislative and Execu- To add a third 150-bed facility and provide for proper
tive branches of the government preceding a legislative ses- expansion of the program will take an estimated $1,285,000












July 23, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 5

during the next biennium. I do not ask for this appropriation I believe you will agree we do not want to see a completed
now, but I hope you will appropriate $60,000 at this time for hospital, ready to receive patients, stand idle because of a lack
the preparation of detailed plans for this expansion so that of funds for operations.
you will have accurate cost figures upon which to base a
construction appropriation at the 1957 regular session. Therefore, I recommend that you appropriate $292,235 to
the South Florida Hospital for operations during the balance
Overall Planning- of the current biennium.
In addition to the previously mentioned planning appro- Also, the present law on commitments must be amended to
priations for Apalachee and Lowell, I recommend that you allow commitments directly to this hospital, and for transfers
provide $20,000 as a contingent item for technical advice and from other State institutions for the mentally ill.
surveys looking toward the future needs of the entire prison
system. Teaching Hospital-
Probation and Parole- The teaching hospital of the University of Florida Medical
Center, provided for by appropriations of the 1955 regular
It has been reliably estimated that unless the trend is session, is scheduled for completion in time for use hv th
altered we will have by the end of next year more than 6,000 opening semester of 1958.
men and women in Florida's prisons. This is alarming and
we should anxiously seek to avoid this responsibility and Original estimates and the appropriation of $8,600,000 fell
expense. short of actual construction costs, and it now is obvious that
an additional sum of approximately $1,225,000 is required to
By an improvement and enlargement of the program of complete construction of the hospital as the Legislature in-
our Probation and Parole Commission, that number could be tended.
reduced by at least 1,000. This would mean a greater use
of probation by our judges and the release of more prisoners Presently available funds will not permit contracting for
on parole with substantial savings, these three essential sections:
After observing the success of our Florida Probation and (1) The eighth floor of the main building. This psychiatric
Parole Commission during the past 15 years on a rather floor, containing 36 beds, is essential not only for the care of
limited scale, I am convinced we have much to gain through patients but also for the training of physicians and nurses and
further utilization of the probation and parole approach. other personnel in the mental health field.
Probationers and parollees under the Commission's super- (2) An area designed for children with early mental defici-
vision last year earned more than $5,000,000 as they worked at encies on an out-patient basis, which is closely related with
lawful occupations and took care of some 5,500 dependents. the work to be done on the main psychiatric floor.
The cost of this program to the State, now 29 cents per day (3) The fourth, fifth and sixth floors of the unit which
per person, was actually less than these men and women connects the teaching hospital with the medical sciences build-
repaid in taxes, ing. These floors are designed to serve not only psychiatric
Thrfor, recommend an aprriation of 1,047 for patients, but also the entire hospital with facilities for blood
Thereoen an a analysis, surgical photography and other teaching and labora-
the salaries and expenses of 17 additional district supervisors tory activities.
under this program.
University and Board of Control officials are confident that
OTHER INSTITUTIONS between $150,000 and $200,000 can be saved by awarding con-
All of us recognize that if we incarcerate individuals for tracts covering these sections in the near future rather than
violating the law it is necessary to provide adequate facilities. waiting until after the regular 1957 session of the Legislature.
The responsibility becomes far greater in regard to those It is possible to apply some $425,000 in unspent funds origi-
unfortunates who require institutional care through no fault nally appropriated for equipment. The 1957 Legipalture, of
of their own. course, will be called upon to make equipment money available,
Mentally Handicapped Children- which will be in adequate time to permit installation before the
opening of the hospital.
I challenge anyone to visit our Florida Farm Colony for
mentally retarded children and come away without a deep This arrangement will reduce the emergency appropriation
sense of humility. A fine job is being done there, but it is a now needed to approximately $800,000 which I recommend
woefully inadequate facility in the light of Florida's needs, that you provide.
TRAFFIC SAFETY
There are now 655 applicants on a two-year waiting list,
and the list grows daily. When the present building program Traffic accidents in Florida have reached appalling propor-
is completed, the Farm Colony at Gainesville will accommodate tions. So far this year, 20 per cent more people have been
2,000 patients-the maximum which should be handled at killed in traffic than during the same period last year. If this
any one such institution, increase continues, approximately 1,200 will have lost their lives
by the end of the year, 30,000 people will be injured, and there
Since it will take three years to plan and construct another will be an estimated $145,000,000 property loss.
institution in this field, I urge that you appropriate $200,000 This emergency alarms the Department of Public Safety, the
now for architectural and engineering planning of this new hieme cyala the Department of Public Safety, the
facility. It is roughly' estimated that the construction cost highway safety committees of both houses of this Legislature,
will approximate $5,000,000 for a beginning capacity of 500 and our people generally.
patients. This, of course, will be a matter for action during All agree that the whole subject requires further considera-
the regular session to come. tion and study leading to a broad program of reform. Such a
Recommend that e y b slated the ot study is being made by many groups and it is expected that an
I recommend that Lee County be designated as the site, extensive program will be ready for submission to you at the
based upon a study which the Cabinet has made, and in next regular session.
line with the legislative determination made by the 1955
regular session. A fine site has already been offered to the We are further agreed, however, that some emergency steps
State free of cost by the county officials there, should be taken in this special session, and I recommend we
South Florida Mental Hospital- proceed now to provide for the following needs:
(1) The Florida Highway Patrol has not been expanded so
In meeting the needs of a growing State in the field of that it can adequately keep pace with the enormous demands
mental health, we are constructing and equipping a new made upon it by our expanding growth and increasing traffic.
mental institution in Broward County. Florida's total enforcement effort is about half as great as
those states which are leading the nation in accident preven-
I am advised by the Superintendent of this new South Flor- tion. We have a serious need for more state troopers to enforce
ida Mental Hospital that the first unit of 500 beds will be our traffic laws.
ready to receive patients about March 1, 1957, four months
ahead of schedule. We actually need 500 troopers, and I recommend that you












6 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 23, 1956

raise the present authorized strength from 300 troopers to 500. to completion, the great Florida fruit and vegetable indus-
I further recommend that you appropriate funds to employ 100 tries will be in jeopardy. Citrus grove property, equipment and
additional men as promptly as they can be recruited and picking and processing activities are valued in excess of one
trained for duty. billion dollars. Citrus groves now cover some 600 thousand
acres in Florida at a conservatively estimated value of $800,-
(2) Because it is becoming difficult to hire qualified recruits 000,000. The f.o.b. value of the citrus fruit shipped from the
for the Patrol, I recommend that you delete that provision of State during the past year was $350,000,000. In addition, the
the law which limits pay for recruits to $75 per month. value of miscellaneous fruit, such as strawberries, mangos, and
S(3 papayas ran in excess of $15,500,000. Vegetables, such as toma-
3) during the last regular session of the Legislature, you toes and peppers, brought more than $130,000,000. Much of
appropriated $375,000 for the building of a general headquar- this produce is host to the Mediterranean fruit fly.
ters building for the Department of Public Safety and placed
that building on second priority. This appropriation will not It is estimated by the Department of Agriculture and the
even provide sufficient space for the Department at present. I State Plant Board authorities engaged in the eradication pro-
recommend that you remove this building from the second pri- gram that the spraying, inspection, fumigation, and certifica-
ority list and appropriate an additional $125,000 so that the tion required if the fly is not eliminated would cost the State
Department's needs may be met. This recommendation is in line a minimum of $20,000,000 per year. And there would be the
with your own thinking as it has been communicated to the additional loss of fruit and vegetables spoiled by the fly.
Cabinet recently.
In combatting the fly thus far, the United States Govern-
(4) A vital part of every accident prevention program is ment has authorized the expenditure of $2,175,000 and the
the effective control of drivers through driver-licensing. The State has authorized the expenditure of $775,000.
Department of Public Safety is terribly handicapped by lack
of funds to provide enough personnel with which to administer The Plant Board and the USDA specialists recommend for
the licensing program. This applies to both original licensing the work to be done up to July 1, 1957, a total budget of
and reexaminations. I therefore further recommend that you $10,000,000 with $5,000,000 of this amount to be provided by
appropriate funds to provide 25 more driver's license examiners the State and the other half by the Federal Government. The
and other personnel and facilities to expand these services, half and half basis for sharing costs is the standard pro-
cedure employed in pest eradication programs throughout the
The total amount needed during the next year to expand nation. We all recognize that the State must do its part.
the Department of Public Safety as I have outlined is $921,242,
exclusive of the amount needed for the new General Headquar- Since this is an emergency situation, I recommend that an
ters building. This emergency expansion will take a year to appropriation of $5,000,000 be made to the Emergency Fund
reach full effect, and even then it will be short of the accident- to be used for combatting the fruit fly, subject to release by
prevention effort which must be made to protect the lives of the Budget Commission upon specific justification by the
our citizens on the streets and highways of our State. I feel Plant Board.
that it does represent a sound plan for meeting the emergency FINANCIAL CONDITION
which exists prior to the next regular session.
which exists prior to the next regular session. In view of the requests for appropriations at this special
(5) I believe also that we should proceed now to provide session, you should be fully informed on the economic health
a maximum speed limit for our highways. The other states of the State Treasury.
which are making the most outstanding progress in highway I e dri fi
safety all have come to this realization. I recommend that this Income during the fiscal year just ended exceeded our
maximum speed limit be set at 60 miles per hour, which is the highest estimate of a year ago. At this time we have an unap-
most generally accepted limit. Fixing of this maximum will in propriated balance of some $12,500,000.
no way conflict with our other laws requiring that motor ve- With the Budget Director revising upward his estimates for
hides must be operated at safe speeds depending on local the coming fiscal year by more than 10 per cent, or roughly
conditions and hazards. Nor will this interfere with the powers $20,000,000, we can expect that the 1955 appropriations, and
of municipalities and the State Road Department to prescribe those I have requested today, can be fully financed and that a
lower speed limits to meet special conditions, reasonable reserve will remain at the close of the current
It will simply mean that in addition to regulations controlling biennium on next June 30.
speed which we now have it will be unlawful for a driver to We must not be overly optimistic about our revenue position
exceed 60 miles per hour at any time or place, as we look to the future, however. In fact, there is every reason
MEDITERRANEAN FRUIT FLY to act with extreme caution. While we will take in more funds
as we grow, our obligations and responsibilities to provide for
Infestations of the Mediterranean fruit fly are currently en- the needs of the State are growing at an even more rapid rate.
dangering the agricultural economy of the State. Thus far, the The appropriations I have requested underscore this fact force-
fly has been found in 22 counties, covering most of Florida fully.
from Melbourne, Clermont, Lake Wales and St. Petersburg
south. REAL ESTATE PROMOTIONS
An all-out program for eradicating the fly is moving forward We also must be most careful that nothing takes place
on schedule. Infested areas are being sprayed and several which will. destroy the great confidence the nation now has
on schedule. Infested areas are being sprayed and several in Florida's growth or revive unscrupulous "paper prosperity"
spraying will be necessary. In addition, another killing agent activities which characterized the insidious and disastrous
is being spread on the ground of infested areas. "boom" we had in the 1920's.
"boom" we had in the 1920's.
As a means of preventing spread of the fly to other areas, In recent months, a situation has arisen in our State for
road blocks have been established at key spots on the high- which I recommend strong and immediate legislative correc-
ways. Only fruit which is certified as being free from infesta- tion. I believe that to wait for the regular session to accomplish
tion is allowed to leave an infested area. Arrangements have this would be inviting irreparable damage.
or will be made in all infested areas to fumigate citrus fruit
and other hosts, thus permitting it to be certified for shipment. Taking advantage of the most healthy real estate market in
our history and of our shortage in regulatory laws covering
Furthermore, 100 per cent inspection of incoming baggage this field, a fringe group of mail order real estate operators
and cargo has been resumed by the Federal government, thus have launched a series of promotions which threaten us with
preventing infested fruit and shrubbery coming into the State national scandal.
from infested foreign countries. A spot check system had been
instituted by the Federal authorities more than two years ago, Appealing to those who will retire on very small pensions
as an economy measure, and it is generally felt that this in- or with limited savings, they are grossly over-advertising de-
adequate service allowed the infestation to get a start. Florida's velopments that can only lead to heartbreak when the pur-
Congressional delegation, which has been most helpful and chasers finally come here to find their place in our sun.
effective throughout, and the United States Department of
Agriculture, assisted us in securing the restoration of the 100 This practice not only hurts these people who can ill-afford
per cent inspection service. to be hurt, but also threatens the entire Florida real estate
Sthe program of eradicating the tureruit y s ot and the highly honorable people who make up the
-If the program of eradicating the fruit fly is not carried out bulk of it.













July 23, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 7

I am, therefore, submitting to you corrective legislation In order that interested persons may know and understand
which I hope will meet with your approval, the reasons for the creation of the Committee and the purposes
for which it was formed, we submit a declaration adopted by
RACE RELATIONS the Committee, as follows:
Perhaps the gravest problems now confronting the State It is the considered opinion of this Committee that, at the
have come as an aftermath of the decisions of the United outset of its deliberations and in order that its members and
States Supreme Court relating to the segregation of the races, other interested persons may better understand the reasons
There is a common understanding and general recognition for its creation, a formal declaration of purpose should be made.
of these problems and I see no need for an extended discussion
of them here. These are admittedly difficult times, when many ideas and
suggestions are being expressed hurriedly and without due
You have before you the report of the Fabisinski Committee study. The carrying out of many of these ideas and sugges-
and four bills and one resolution it recommends. tions would be harmful to our Constitution; would increase
We are fortunate that the State has had the services of the tension and feeling between the various groups of our citizenry;
members of this committee, and I warmly commend them for and would seek to challenge the authority of the United States
the thorough, careful and effective job they have done. Each of America. After careful consideration and deliberation this
is a lawyer of outstanding reputation. Three are retired judges Committee has determined that its purposes and obligations
who have served our State with conspicuous ability. All are are:
citizens with high devotion to the public good. First: To maintain the public school system of the State
These men have carefully studied every decision of the of Florida.
Federal and State courts relating to this subject. They have Second: To endeavor to determine the best interests, from
analyzed every report and study made by the various states educational standpoint, of all of the children of our State,
which have problems similar to ours. They have carefully to further such interests in every manner and to do all that
studied every resolution and statute passed by the Legislatures to f11ther such interests in every manner and to do all that
ofstudihese statevery reso Legislatures is possible to achieve and maintain the highest possible intel-
lectual, moral and cultural standards of our school system.
And from this exhaustive research they have evolved this
roAnd from hi s exhaustive research they have evolved this Third: To eliminate or to mitigate as much as possible any
program w you will considerhostile feeling which might arise between any class or group
It is my sincere judgment that this program, if approved of our citizens.
by you, will give Florida the best plan of any State to cope
with the conditions confronting us. I believe this program will Fourth: To comply at all times and under all conditions
give to us the legal tools we need to best serve our State's with the provisions of the Constitution of the United States
general welfare. of America and the Constitution of the State of Florida.
I pledge to you and, through you, to the people of Florida, Fifth: To determine, as thoughtful and responsible citizens
that if this program is enacted, I shall, as Governor, use the of the State of Florida and the United States, Legislative
full measure of my abilities to see that it is administered to measures to be considered by the Legislature of the State of
preserve the sovereignty of our State, to maintain our public Florida in keeping with the above-avowed purposes of this
school system, and to assure peace and order so that our people Committee; to recommend such action to the representatives
of all races and creeds can live and progress in peace and of our State and its various subdivisions and to the people
harmony. of the State as a whole; and to call upon all of the citizens
of our State to keep these purposes in mind and to strive in
I hope you will concur in the Fabisinski Committee's conclu- their own conduct to effectuate these goals.
sions that at this time, in this special session, we should not
resort to legislation or proposed constitutional reform outside In accordance with our understanding of the purposes of
the scope of the program offered. This appeal does not come the Committee as above set forth we respectfully recommend,
from the committee because of any pride of authorship or 1. Enactment of a law vesting in County Boards of Public
vanity. The members of the committee feel that additional Instruction full power to assign pupils to public schools on
action well might weaken the legal efficacy of the program they the basis of individual needs and abilities, providing for appeals
have recommended. I share this feeling and hope to see the from such assignments to the State Board of Education and
committee's program given the test of supplying our needs for judicial review of such assignments, copy of such proposed
pending the regular session of the Legislature next spring, law being filed herewith.
At that time, there will have been an opportunity to appraise
the committee's program in operation and also to evaluate 2. Enactment of a law regulating assignment of teachers,
studies your interim committees will have made. copy of such proposed law being filed herewith.
Finally, I want to commend you for the spirit in which you 3. Enactment of a law vesting power in the Governor to
approach the tasks of this special session. promulgate and enforce rules and regulations relating to the
While the Issues and times use of any state, county or municipal park, building or facility
While the issues and times involve stress and strain, I am that may be necessary or expedient to preserve the peace and
confident you meet with good will and a firm resolve to work tranquility of the State and prevent domestic violence, copy
for the common good with the calm efficiency and judgment of such proposed law being fled herewith. oo
which befits our great State. May God bless you and your
labor. 4. Enactment of an act clarifying and codifying the law
EPORT OF THE SPECIAL COMMITTEE APPOINTED BY relating to the powers of the Governor by proclamation to
THE GOVERNOR AND CABINET OF THE STATE OINTED BLOR- declare the existence of an emergency in the State or any
IDA TO RECOMMER AND CABINET OF THIVE STACTION RELATINGOR portion thereof and to use all law enforcement officers and
TO PUBLIC SCHOOL EDUCATION AND OTHER INTERNAL departments, including the military forces of the State, to
AFFAIRS OF SUCH STATE DEEMED EXPEDIENT AFTER Prevent or suppress disorder, copy of such proposed law being
AFFAIRS OF SUCH STATE DEEMED EXPEDIENT AFTER filed herewith.
CONSIDERATION OF RECENT DECISIONS OF THE SU-
PREME COURT OF THE UNITED STATES. In the performance of our assigned duty we were and are
confronted with recent decisions of the Supreme Court of the
Tallahassee, Florida United States which violate accepted standards' of judicial
Monday, July 16, 1956 power, disrupt previous concepts of the relation between the
Federal Government and the several States, disregard former
His Excellency, the Honorable LeRoy Collins, Governor, and decisions of the Court as to the rights of the States and the
Members of the Cabinet of the State of Florida. people, and destroy constitutional government as conceived
Honored Sirs: by our forefathers.
Your Committee which was appointed to study the Laws These recent decisions of the Supreme Court transgress
of the State of Florida and to recommend any changes, amend- upon the rights of the people, encroach upon the powers of
ments or additions thereto deemed expedient after consider- the Executive Department of the Federal Government, in-
ation of certain recent decisions of the Supreme Court of the fringe upon the vested powers of Congress, ignore the rights
United States, respectfully submits herewith its report, of the States, violate the intent of those who wrote, proposed













8 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 23, 1956

and adopted our Constitution and the Amendments thereto "If, in the opinion of the people, the distribution or modi-
and in the aggregate constitute a usurpation of authority and fiction of the constitutional powers be in any particular
a threat to constitutional government unparalleled in Amer- wrong, let it be corrected by an amendment in the way which
ican History. the Constitution designates. But let there be no change by
usurpation; for though this, in one instance, may be the in-
We, as members of your Committee recommend, most em- strument of good, it is the customary weapon by which free
phatically, that the invasion by the Supreme Court of the governments are destroyed."
rights of the States, of the Legislative and Executive Depart-
ments of the United States and of the people be denounced in As we have candidly stated above, the preparation of the
clear and unmistakable language and every lawful means be following declaration was begun as a protest against the de-
adopted to restore these rights, and curb this threat to our cisions of the. Supreme Court of the United States in the
liberties. year 1954, abrogating the powers of the States to control
their systems of education, but as we have studied the pro-
The rights of a free people to protest against usurpation of nouncements of the Court in the recent past few months, we
power, to petition for redress of grievances, to demand that have come to the inevitable conclusion that the present mem-
their public officers act within their assigned jurisdiction, bership of the Supreme Court of the United States has em-
are unalienable and inherent rights, which, as yet, have not barked upon a course of action designed to destroy the system
been taken from us and we respectfully recommend that in of dual sovereignty, which is the unique feature and funda-
the exercise of these rights that the Legislature, in the name mental basis of our Union, to destroy the system of division
and in behalf of the State of Florida and its people, denounce of the powers of government between the Executive, Legis-
the usurpation of power by the Supreme Court and demand, lative and Judicial Departments, which is the greatest safe-
as is the right of a free people, that their just and inherent guard of the people against tyranny, and in complete disregard
powers be held inviolate, of the Constitution of the United States and the inherent
Candor demands the immediate statement that the prepara- rights of the sovereign States determined to arrogate to
tion of the following statement was begun with a view of themselves final, complete, supreme and exclusive power over
demonstrating the gravity of the tragic impact of the "de- the States, the Federal Government and the people.
segregation decisions" of the Supreme Court of the United Your committee has set forth the basis of this conclusion
States upon the institutions and peoples of the several States in the following statement and respectfully recommends that
and the complete lack of constitutional justification of the the substance thereof be embodied in a Resolution of the
decisions reached in those cases. However, a study of many Legislature of the State of Florida as a protest of the people
other recent decisions of the Court obviously stemming from of this State against this threat to our rights, as a demand
the same concepts of constitutional government that, in the for return to Constitutional Government, and as a call to
minds of the members of the Court, justified the desegrega- our fellow Americans to join with us in preserving our in-
tion decisions leads unavoidably to the conclusion that the herent rights as a free people for all future time.
problem under consideration is not one which concerns the
State of Florida alone, but every State and every citizen of
the United States.
Nor does the problem arise out of a mere mistake in the A DENOUNCEMENT OF USURPATION OF POWER
pronouncement of the law upon one isolated subject, im- AND DEMAND FOR PRESERVATION OF
portant as that may be. The entire American System of OUR INHERENT RIGHTS
government is at stake. In the life of a democratic nation when it becomes neces-
In view of the gravity of the situation, the question of sary for the people to take notice of and enter a solemn
segregation or desegregation in public schools, the serious- protest against any usurpation of power by those who have
ness of which cannot be overemphasized, actually becomes been entrusted with high public office, and to demand, as
one of secondary importance, of right, that public officers remain subservient to the people
and that they desist from assuming powers which have not,
The candid reader is requested to ask himself whether the by the people, been placed in their hands, the opinions of
opinions herein referred to, when properly analyzed, do not their fellow men require that the people set forth in clear
impel the conclusion that the Supreme Court of the United and unmistakable language the causes which impel them
States has assumed the power, by judicial decree, to change to such action.
the meaning of the Constitution of the United States, and
thus to amend the fundamental law of the land by the act of To the end that the declarations now about to be made
nine men, or a majority of them, rather than by the orderly may be thoroughly understood, and the motives which impel
processes set forth in the Constitution. them may be fully appreciated, we first pronounce the follow-
ing principles, each of which we hold to be an integral part
No matter how strongly the people of Florida may feel on of our American System of Government:
the question of segregation, they recognize that citizens of
other States have the right to entertain a different view. -1-
If the views of others attain that unanimity of popular sup- All political power is inherent in the people and all
port that is required to amend the Constitution of the United government derives all its powers from the consent of the
States, and such amendment be adopted, it is the duty of governed.
every American citizen to yield gracefully to the will of the -2-
people of the country as a whole. On the other hand, every When the people form a government by the adoption of
thinking American knows that surrender to the Supreme a written constitution the words of that constitution are but
Court of power to change the Constitution in order to effect the instrumentalities by which ideas, principles and plans
reforms which members of the Court may deem beneficent, present in the minds of those who adopt the constitution are
will vest in that Court power to make changes inimicable to recorded for accuracy and for preservation to posterity.
the public welfare, and will eventually lead to a complete
loss of control of the government by the people. -3-
Those who are temporarily invested with power over their
It is not the purpose of the present statement to attack or fellow countrymen, by being chosen to occupy public offices
defend any of the decisions herein discussed insofar as the provided for in a constitution, are charged with a solemn
conclusions reached may or may not be sound or wise as responsibility to exercise only such powers as, under such
abstract statements of what the law should be, or what the constitution, have been entrusted to them.
Constitution should, by amendment, be made to mean. Its
sole purpose is to demonstrate the extent to which the -4-
Supreme Court has exceeded its jurisdiction, has attempted A division of the powers of Government into three depart-
to change the Constitution and has usurped powers belong- ments, Executive, Legislative and Judicial is expressed or im-
ing to other Departments of the Federal Government, the plied in every Constitution of the American Union, including
States, and the people, the Constitution of the United States.
Before going further we ask the reader to reflect upon, and
to read this statement in the light of, the following words of -5-
George Washington taken from his "Farewell Address": The Constitution of the United States is a grant of powers













July 23, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 9

to the central Federal Government, and all powers not dele- the unsworn writings of men, one of whom was the hireling
gated to the Federal Government by the Constitution, nor of an active participant in the litigation. Others were affiliated
prohibited by it to the States, are reserved to the States, with organizations declared by the Attorney General of the
or to the people. United States to be subversive, and one of whom, in the same
-6- writing which the Court cited as authority for its decision
The judicial powers delegated to the Federal Government stated that the Constitution of the United States is "im-
are vested by the Constitution in the Federal Judiciary and practical and unsuited to modern conditions".
include the power to interpret, construe and apply the Con- In reaching its conclusion the Supreme Court has disre-
stitution of the United States. garded its former pronouncements and attempted to justify
-7- such action by the expedient of imputing ignorance of psy-
chology to men whose knowledge of the law and understand-
The power to interpret, construe and apply the Constitution ing of the Constitution could not be impugned, and has ex-
is limited to an ascertainment of the ideas, principles and pressly predicated its determination of the rights of the
thoughts that were in the minds of those who drafted and people of the several sovereign States of the American Union
adopted the Constitution, including amendments thereto, and upon the psychological conclusions of Kotinsky, Brameld and
the application of those ideas, principles and thoughts to Myrdal, and their ilk, rather than the legal conclusions of
particular factual situations from time to time, presented Taft, Holmes, Van Devanter, Brandeis and their contempo-
to the Courts. The application of constitutional principles raries upon the bench.
may differ with changing conditions, but the principles them-
selves are unchanging and unchangeable except by the people In reaching its conclusion the Court, professing itself to
and then only by the method provided in the Constitution. be unable to ascertain the intent of those who adopted the
Fourteenth Amendment to the Constitution, arbitrarily chose
-8- to repudiate the solemn declaration of its meaning rendered
A judicial construction of the Constitution enunciated by under the sanctity of their oath of office by the justices of
the Supreme Court of the United States and understood and the Supreme Court of the United States at a time when all
acquiesced in by the Executive Department, the Congress and of its members were contemporaries of those who proposed,
the people over a long period of time becomes as much a part discussed, debated, submitted and adopted the amendment.
of the fundamental law of the land as that which has been
written in the Constitution itself, and is binding equally upon However much as citizens of other states may approve and
the people, the States of the Union, and the Supreme Court applaud these decisions, they dare not embrace the theory
of the United States. upon which they are based nor the fallacies therein contained
-9- lest they themselves by the application of the same theory
The Constitution of the United States may be amended and fallacies bring destruction to their institutions and to
only in the manner provided in that Constitution. In the their liberties.
course of history since the adoption of the Constitution the In a decision rendered May 21, 1956, in Railway Employees
people have twenty-one times found it expedient to amend Department, American Federation of Labor, International
the Constitution, and when that unanimity of public opinion Association of Machinists, et al., vs. Robert L. Hanson, et al.,
which justifies a change in the Constitution has developed US-- 100 L. Ed. (advance) p. 633, the Supreme Court
among the people they have found no difficulty in effecting of the United States held that a union shop agreement nego-
the changes they found desirable, tiated between certain railroads and certain organizations of
-10- employees of such railroads which had been authorized by
an act of the Congress superseded the right-to-work provisions
The assumption by any public official, or group of public of the Constitution of the State of Nebraska and the state
officials, of power to change the meaning of the Constitution statutes enacted pursuant thereto.
of the United States, other than by the method provided by
Article V of the Constitution, is an abuse of public trust and The effect of this decision, made in a case instituted by
a tyrannical usurpation of power. free American citizens to enforce their rights under the Con-
stitution of the United States, was to deny these American
citizens the right to work at their chosen trade unless they
Under the Constitution of the United States when evidences became members of and contributed to the funds of organi-
of the assumption of tyrannical powers appear in the Executive nations to which they did not wish to belong and to which
or in the Congress the people may, by means of the ballot, they did not wish to contribute of their substance.
protect and preserve their liberties by the repudiation of those The effect of this decision was to advise these free Amer-
in office. But when the Federal Judiciary, which is insulated ican citizens that their right to be immune from any depri-
from the heat of political differences by the life tenure of ovation of liberty or property without due process of law,
its membership, enters upon a course of action inimicable to supposedly guaranteed to them by their Federal Constitution,
the rights of the people, this method of reform is unavailable, did not extend to their right to work, supposedly guaranteed
Under such circumstances those restraints which characterize by the Constitution of their State, as against the demands
men capable of self-government require that by orderly and of a nonofficial labor organization that they pay to it money
peaceable means the inherent and unalienable rights and to be expended in the negotiation of labor contracts, the terms
powers of the people shall be utilized to restore those rights of which these citizens might or might not seek or desire.
of which they have unjustly and unlawfully been deprived.
The effect of this decision is to vest in the Congress the
We call to the attention of all thinking Americans the fol- power to prohibit, permit, or require, closed shops, union shops
lowing unwarranted and unauthorized acts of invasion of the or open shops or to outlaw unions in each and every industry
powers reserved to the States and to the people: in America whose activities come within the present expanded
By decisions rendered May 17, 1954, in Brown vs. Board concept of interstate commerce.
of Education of Topeka, Harry Briggs, Jr., et al., vs. R. W. The effect of this decision is to abrogate, with respect to
Elliott, et al., Dorothy E. Davis, et al., vs. County School Board all employment in interstate business, the Constitutions and
of Prince Edward County, Virginia, Frances B. Gebhart, et al., laws of those seventeen sovereign American States which have
vs. Ethel Louise Belton, et al., 347 US 483, 98 L. Ed. 873, the sought to protect the rights of their citizens to a free and open
Supreme Court of the United States denied to the sovereign labor market, making union membership optional with each
States of the American Union the power to regulate public worker, protecting him on the one hand from an employer
education by the use of practices first declared constitutional who might desire the destruction of the union, and on the
by the State of Massachusetts, adopted by the Congress, other hand from the union which might desire to exploit
approved by the Executive, affirmed and reaffirmed by the him or advocate policies which he did not endorse.
Supreme Court of the United States and practiced by States
for more than a century. By a decision rendered January 16, 1956, Dantan George
It has based these decisions upon matters of fact as to which Rea vs. United States of America, --US-- 100 L. Ed.
the parties affected were not given an opportunity to offer (advance) p. 213, the Supreme Court of the United States
evidence or cross examine the witnesses against them. held that it was within the power of the Federal Courts to
enjoin an officer of the Executive Department of the Federal
It has cited as authority for the assumed and asserted facts Government from testifying in the Courts of the State of New












10 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 23, 1956

Mexico In a criminal prosecution of one charged with a vi- the duty of guaranteeing the financial ability of every citizen
olation of a statute of that State prohibiting the possession of to exercise constitutional rights.
marihuana. By a decision rendered April 9, 1956, in Harry Slochower
In so doing the Court assumed power to direct the activities vs. Board of Higher Education of the City of New York, -
of executive officers of the Federal Government to the extent U.S.-- 100 L. Ed. (advance) p. 449, the Supreme Court of
of forbidding them from testifying voluntarily, or under the the United States held that the City of New York had violated
process of a State Court, as to matters within their knowl- the Constitution of the United States by the summary dis-
edge in a case in which no question of privilege or national charge of a public employee who had refused to answer ques-
security was involved, tions relative to his Communistic activities and claimed the
benefit of the Fifth Amendment to the Constitution in so doing.
In so doing the Court assumed power to control the admin-
istration of local justice in State Courts by the indirect method In so holding the Court held invalid a Charter provision
of forbidding witnesses to testify in such State Courts while of the City of New York designed to provide for the removal,
giving lip service to the letter of the rule which denies to the as quickly as possible, of those public employees who were
Federal Courts any power to control the acts or proceedings deemed by the people of that great City to be unfit to be
of State Courts. entrusted with any part in the administration of the public
affairs of the City.
In so doing the Court assumed power to fix the rules of
evidence which should control the administration of justice In so holding the Court revoked the prompt removal from
in State Courts. a state school of a teacher whose influence was deemed by the
school authorities to be inimicable to the best interests of the
In so doing the Supreme Court refused to follow the law students in such school.
as established by former decisions of that Court, which were
followed and adhered to for many years. In so holding the Court construed the due process clause
of the Constitution to give to the Federal Courts the power
By a decision rendered April 2, 1956, in Commonwealth to examine into minute details of all administrative state action
of Pennsylvania vs. Steve Nelson U.S.- 100 L. Ed. and to apply arbitrarily to such state action the personal con-
(advance) p. 415, the Supreme Court of the United States has cepts of the justices of the Supreme Court rather than fixed
declared that, so long as the present Federal Law providing principles of Constitutional Law.
punishment for sedition exists, the sovereign State of Penn-
sylvania and those forty-one of her sister States who have These, and other decisions of the Supreme Court of the
enacted laws against sedition, are without power to enforce United States, can lead the student of law, of government, or
their statutes enacted for the purpose of preserving the lives of history to but one unavoidable conclusion:
and safety of their citizens from those who would by force
and violence overthrow the government of the United States, As presently constituted, the Supreme Court of the United
the States themselves, or any of their political subdivisions. States has embraced the philosophy that the Constitution of
the United States is not a declaration of fixed or definite prin-
This decision was rendered in the case of an acknowledged ciples, unchanging in their meaning, although varying in their
member of the Communist Party who had been duly convicted application to different factual situations. On the contrary,
in the constitutional trial courts of Pennsylvania of violating recent decisions are obviously the result of a theory that chang-
the sedition laws of that Commonwealth. ing conditions and variations in social and economic practices
justify the Court in changing, by judicial fiat, the meaning of
In reaching the conclusion announced, the Supreme Court the Constitution in order that it may serve what the members
refused to follow the previously accepted construction and of the court deem to be the best Interests of the people.
interpretation of the Constitution of the United States as
stated in unmistakable language in prior decisions of that Unless the application of this concept of the powers of the
Court. Supreme Court of the United States in regard to the rights
of the people, the powers of the different departments of
In reaching the announced conclusion, the Court decried, government, and the separate and distinct powers of the States
and seemed to find obnoxious the fact that under the Penn- and of the Federal Government be stopped, the inevitable re-
sylvania law a private citizen could set in motion the legal suit will be to end the American System of Constitutional Gov-
processes by which those charged with conspiracy against the ernment, and to substitute therefore government by a judicial
government of the Commonwealth of Pennsylvania could be oligarchy under which the States and the Executive and Leg-
brought to trial and, if found guilty, be punished by due course islative Departments of the Federal Government may exercise
of Pennsylvania Law. only such powers as the Federal Judiciary deems fit to permit
them to exercise.
In reaching the announced conclusion the Court dismissed them to exercise.
with a casual comment in a footnote to its decision the solemn Now, therefore, we the PEOPLE OF THE STATE OF
declaration of the Congress that "Nothing in this title shall be FLORIDA, speaking by and through our duly elected Repre-
held to take away or impair the jurisdiction of the courts of sentatives in the Senate and the House of Representatives of
the several States under the laws thereof." the State of Florida, do hereby solemnly declare:
In reaching the announced conclusion the Court did not That the Supreme Court of the United States of America
limit the impact of its judgment to statutes involving sedition as presently constituted knowingly, wilfully, and over the most
against the government of the United States, but expressly respectful protest of litigants before the Court, including many
pointed out that a State has no power to enact laws for its of the sovereign States of the Union, has determined to, and
own protection, but must rely upon the Federal authorities has entered upon a policy of substituting the personal and
for the suppression of sedition against the State itself or its individual ideas of the members of the Court as to what the
political subdivisions. Constitution of the United States should be for the letter of
In a decision rendered April 23, 1956, in Judson Griffin, the Constitution as it was written by our forefathers, the mean-
et al. vs. People of the State of Illinois, U.S.- 100 L. ing of the Constitution as it was understood by those who
Ed. (advance) p. 483, the Supreme Court of the United States drafted it and voted for its adoption, and the intent of the
held that the due process and equal protection clauses of the Constitution as it has been declared by the highest court of
Constitution of the United States rendered illegal the im- the nation over many years and in many able decisions.
prisonment of one charged with armed robbery and duly
convicted in the trial Court of Illinois, unless the State of That the personal, social, economic and political ideas of
Illinois provided the defendant, free of charge, with a tran- the members of the Supreme Court of the United States do
script of the proceedings to be used in an appeal of his not constitute the proper criterion for the admeasurement of
States Rights or the powers of the several Departments of the
onvicon. Federal Government or the rights of individual citizens.
The basis of this decision was that, since the law of Illinois
authorized appeals in criminal cases, and the particular de- That acts of the Federal Judiciary in willfully asserting
fendant in question was insolvent, the Fourteenth Amend- a meaning of the Constitution unsupported by the written
ment required the State to pay the costs of his appeal. document, the history of the times in which it was adopted,
the construction placed upon it by contemporary courts and
The effect of this decision is to place upon each of the States the meaning ascribed to it by the people for generations con-













July 23, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 11

stitutes usurpation of power which, if condoned by the people schools were maintained, and the constitutional legality of
and allowed to continue, will destroy the American system of the practice was affirmed by every Court in which it was
government, questioned.
If wise and beneficent men may make changes in the The Supreme Court of the United States in Plessy vs.
Constitution that are beneficial in the light of changing con- Ferguson, 163 US 537, 41 L. Ed. 256, firmly established the
editions, others may, with equal propriety make changes which rule that state action providing "separate but equal" facilities
will destroy the rights of the people. It was to guard against to citizens of different races complied with the Amendment.
conferring the power upon public officials to make mistakes This decision, while dealing with transportation, referred spe-
that the people reserved unto themselves the power to amend cifically to schools. This decision was rendered by a Court com-
the Constitution when changing conditions demand a change posed of men, all of whom were adult contemporaries of those
in the basic law. who proposed, discussed, debated and adopted the Amendment.
One was a member of the Supreme Court during that time.
That while disobedience to constituted authority is the One was a justice of the Supreme Court of Massachusetts. One
mother of anarchy, it is the history of free men that they will had been a member of the Constitutional Convention of the
not supinely permit government to become the master of the State of Illinois, one the Attorney General of his State, one
people, and will never yield unrestrained authority to any an officer in the Union Army, one a District Attorney in his
group of public officers. State, and others were active practitioners of law, at or before
the time of the ratification of the Fourteenth Amendment. If
That it is the duty of every public official sworn to sup- doubt existed as to the meaning of the Amendment, the solemn
port the Constitution of the United States, and of every citizen poun ement o the meani n e endmenthe s of
"who w d m i te pr ip fg r pr w pronouncement of these men rendered under the sanctity of
who would maintain the principles of government under which their oaths of office as to matters necessarily within their
this nation has grown to its present greatness, regardless of knowlede-the intent of the people in amending the Con-
their views as to the abstract justice of the result of any of knowledg-tshoe inent o he people in amending te s Con-
the acts of usurpation herein enumerated to insist, and we stitution-should, by all legal precedent, be concsive.
do hereby insist and demand that the Supreme Court of the If doubt still persisted, the answer to the specific question
United States recede from its arbitrary assertion of power to is made apparent by the application of elementary rules of
change the fundamental law of the land to meet the personal constitutional construction. It is never presumed that the
views of its members as to the present needs of the people, Constitution is redundant, or that any part of it was inserted
leaving to the people themselves the responsibility of deter- idly or that any amendment to it does not in some respect
mining when, and to what extent, their Constitution should change its meaning. Applying this rule and considering the
be amended. Fourteenth Amendment in connection with the Fifteenth
Amendment and assuming that the Fifteenth Amendment
And to this end we respectfully and earnestly urge the Amendment and assuming that the Fifteenth Amendment
Exutiv to this e wof t hep n eAt ynd Conrest of the ilte has and serves a purpose we have a guide to the construction,
Executive Officers of the Nation, the Congress of the United intent and purpose of the Fourteenth Amendment. The Fif-
States, the Governor and the Attorney General of each of our teeth Amendment guarantees the right to vote. It does
sister States, and the Bar of America, the traditional defender nothing more. If the Fourteenth Amendment guarantees the
of Constitutional Government, and all who love and revere right to vote, the Fifteenth Amendment adds nothing to, takes
the Constitution of the United States, to join us in this dec- ningt to ote, th e Ffteenth Amenr the adnohin of toe otak
nothing from, and does not alter the meaning of the Con-
laration, and to do everything within the scope of their personal situation. The Fifteenth Amendment was not proposed until
and official authority to initiate and effect an amendment to after the Fourteenth Amendment had been declared to be a
Article X of the Constitution of the United States defining the ater theFou s A t had been declatre to be a
wers reserve to the rep tive Sverign St enumerate part of the Constitution. It was obviously the thinking of
powers reserved to the respective Sovereign States, enumerat- the Congress which proposed, and of the Legislatures of the
ing and defining the powers so reserved to include, among States which adopted it, that the Fourteenth Amendment did
inra'ndw0adopted rd ^ toedthS the Fourtee^h Amnsdmen't dc
others, the power to regulate the fields of activity mentioned not guarantee the right to vote or they would not have pro-
in this report, posed and adopted the Fifteenth Amendment. This is also
demonstrated by the fact that the Fourteenth Amendment.
We attach to this report an Appendix of notes on decisions in Section 2, provides for the reduction of a state's representa-
referred to in the above proposed Resolution. tion in the House of Representatives in proportion to the
number of adult male citizens disfranchised by state law,
We hope that our labors have provided some suggestions except for crime.
for the Legislative and Executive Departments of our state
that will be helpful in preserving the rights of our state and If the equal protection clause of the Fourteenth Amendment
of our people. did not guarantee the intangible right of a citizen to vote, it
Respectfully submitted, was not the intent, the thinking, or the purpose of those who
"adopted the Fourteenth Amendment that it should extend to
JUDGE L. L. FABISINSKI, Chairman and guarantee the equally intangible and less fundamental
JUDGE RIVERS BUFORD, Vice Chairman right to identity, as distinguished from equality, of educational
JUDGE MILLARD SMITH opportunities.
CODY FOWLER
LUTHER MERSHON If all these things were not convincing to open, legal minds.
J. LEWIS HALL the reconsideration of the problem by the Supreme Court of
JOHN T. WIGGINTON the United States in the case of Gong Lum vs. Rice, 275 U.S. 78.
72 L. Ed. 172, wherein the Court said:
APPENDIX
"The case then reduces itself to the question whether a
A DENOUNCEMENT OF USURPATION OF POWER state can be said to afford to a child of Chinese ancestry
NOTES born in this country, and a citizen of e ite e the United States, the
Brown vs. Board of Education of Topeka, 347 U.S. 483, 98 equal protection of the laws by giving her the opportunity
Sfor a common school education in a school which receives
L. Ed. 873. only colored children of the brown, yellow or black races
In this case the Supreme Court of the United Statetes held The right and power of the state to regulate the method of
that th e maintenance of separate but equal educational fa- providing for the education of its youth at public expense
cilities for white and colored citizens was, as to the colored is clear.
citizens, a violation of the Fourteenth Amendment to the Con- *
stitution of the United States because it denied to such citizens
the equal protection of the law. "The question here is whether a Chinese citizen of the
United States is denied equal protection of the laws when
An analysis of the opinion of the Court discloses the fol- he is classed among the colored races and furnished facilities
lowing elementary fallacies: for education equal to that offered to all, whether white,
brown, yellow, or black. Were this a new question, it would
(a) The Court first asserts its inability to determine the call for very full argument and consideration, but we think
meaning ascribed to the Amendment by those who drafted it that it is the same question which has been many times de-
and those who voted for its adoption. This conclusion is wholly cided to be within the constitutional power of the state
unjustified. Before, contemporaneously with, and for nearly P legislature to settle without intervention of the federal court
century since the adoption of the Amendment segregated under the Federal Constitution."












12 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 23, 1956

This reaffirmance of the state's right to maintain segre- The Fourteenth Amendment does not mention race or creed
gated schools in an opinion by Mr. Justice Taft, speaking for or color. It relates to the rights of individual citizens, and,
a unanimous Court, should be conclusive, as to matters within its scope, guarantees to each citizen
of the United States the equal protection of the laws. If
(b) The Court says in the Brown case: identity of educational opportunity, as distinguished from
"Whatever may have been the extent of psychological knowl- equality of opportunity, is guaranteed to each individual by
"Whatever may have been the extent of psychological knowl- ^e Amendmepn1t t& ^T^ ^ t sS? a?
edge at the time of Plessy v. Ferguson this (a contrary) finding the Amendment a student, or the parents of a student, as-
is amply supported by modern authority. Any language in signed to a particular classroom presided over by a particular
Plessy v. Ferguson contrary to this finding is rejected." teacher who fully meets the requirements fixed by the state
Plessy v. Ferguson contrary to this finding is rejected. as to moral, cultural and educational requirements, prefers
The socialistic, communistic, un-American writings, associ- another classroom presided over by another teacher because
nations and activities of the "modern authority" cited by the such other teacher has a more desirable family background,
Court have been so often detailed they will not be recited here. or some of the students assigned to the other classroom move
One of these "authorities," however, demands further consid- in a more desirable social circle, or because the students as-
eration. Dr. Gunnar Myrdal, a self-styled social engineer, signed to the other classroom have a superior average intel-
wrote a book entitled "The American Dilemma" which is cited lectual quotient and the existence of such intangibles gives
by the Supreme Court as one of the modern authorities whose such student, or his parents the right to demand that the
psychological knowledge justifies the substitution by the Su- student be taught in the classroom and by the teacher of his,
preme Court of his conclusions for the solemn legal judgment or his parents' choice, our entire educational system might
of William Howard Taft, Oliver Wendell Holmes, Louis Dem- well be disrupted. Under the Fourteenth Amendment there
britz Brandeis, Willis Van Devanter, James Clark McReynolds, can be found no legal distinction between the hypotheses here
George Sutherland, Pierce Butler, Edward Terry Sanford and stated and the statement of constitutional (?) law pronounced
Harlan Fiske Stone. It is Dr. Myrdal's writing that the Su- in Brown vs. Topeka.
preme Court accepts as sound and conclusive on legal ques- (d) Many of our citizens prefer that, at certain levels, male
tions. It is his thinking that the Supreme Court adopts as and female students be taught in separate institutions. The
their thinking. It is his assertions that the Supreme Court Fourteenth Amendment does not permit that either male or
accepts as verity. Rejecting the opinions and decisions of their female citizens be denied the equal protection of the laws.
great predecessors on the bench, it is to him the Supreme The rationale of Brown vs. Topeka makes it a violation of the
Court goes for guidance in deciding cases. What else does onstitutionale for a State to maintain segregs it a aviation of the sexes
Dr. Myrda say? e sas that the constitution ondition" at any level in public education because the intangibles of
States is "impractical and unsuited to modern conditions." separate institutions of learning cannot possibly be made to
Reluctantly, sadly, we reach the conclusion that the Supreme be identical.
Court has determined that Dr. Myrdal is correct in this asser (e) Perhaps the most remarkable pronouncement found in
tion and has resolved to correct the situation by a process of the opinion of the Court in Brown vs. Topeka is the state-
judicial amendment of the Constitution that will entirely ment that:
change our form and system of government.
"Whatever may have been the extent of psychological knowl-
(c) In the Brown case, the Court says: edge at the time of Plessy vs. Ferguson, this finding (that
"Segregation of white and colored children in public schools that decision was wrong) is amply supported by modern
has a detrimental effect upon the colored children. The authority. Any language in Plessy vs. Ferguson contrary to
impact is greater when it has the sanction of law; for the this finding is rejected."
policy of separating the races is usually interpreted as de- This statement can only mean that the Supreme Court of
"noting the inferiority of the negro group. A sense of inferiority the United States, as presently constituted, now declares that
affects the motivation of a child to learn. Segregation with the subconscious genius of the American people of the 860s
the sanction of law, therefore, has a tendency to [retard] was such that they wrote into the Constitution principles which
the education and mental development of the Negro chil- were beyond the educational attainments of even the mem-
dren...." bers of the highest court in the land to perceive, understand
If this be accepted as true there is a corollary that must and appreciate until the present personnel came to the bench.
inevitably follow. If white children, particularly in those areas Railway Employers Department, American Federation of
where the colored population exceeds the white, are required Labor, International Association of Machinists, et al., vs.
by compulsory school attendance laws to attend non-segregated Robert L. Hanson, et al., U.S.- 100 L. Ed. (advance),
schools and are thus required by law to come into close daily p 633.
contact with a group which (the Supreme Court says) is re-
garded as being inferior, there will be an effect upon the de- To those who may regard this decision as a victory for
velopment of the white children at least equal to the assumed organized labor, we would point out the reason stated by the
effect of segregation upon the colored children. This effect court as the foundation upon which its conclusion is based:
will be particularly acute in those areas, the existence of which
cannot be denied, in which parents financially able to do so "Industrial peace along the arteries of commerce is a legiti-
will send their children to private segregated schools, leav- mate objective; and Congress has great latitude in choosing
ing in the integrated schools only those white children who the methods by which it is to be obtained. The choice by the
cannot afford private schools. The equal protection of the law Congress of the union shop as a stabilizing force seems to
is guaranteed to the white race as well as to the colored. Equal us to be an allowable one." (Emphasis supplied.)
protection is not attained, and cannot be attained, by substi-
tuting one undesirable situation for another. The premise "Industrial peace" becomes more important under this de-
stated by the Court does not, therefore, justify or logically cision, than the rights of American citizens to join or refuse
support the conclusion drawn. to join a union and supersedes the guarantee of "liberty" con-
tained in the Fifth and Fourteenth Amendments in this respect.
In its decision the Court lays stress upon what it terms the To the ardent unionist who sincerely believes that strong
"intangible considerations", which from the Brown case, the unions are essential to the welfare of labor, this may seem
Sweatt case and the McLaurin case, may be said to include a wise and beneficent conclusion. But the Congress is not
the following: "those qualities which are incapable of objec- always composed of men sympathetic to the labor movement.
tive measurement but which make for greatness in a law It is by no means inconceivable that a Congress might be
school," "to engage in discussions and exchange of views with elected which would actually be hostile to labor. Should such
other students," "the intellectual commingling of students," a Congress enact a statute forbidding the employment by the
"position and influence of the alumni," "traditions and prestige railroads of any person who did not relinquish his union
(of the school)." The court blithely ignores the fact that membership because the Congress believed that industrial
these "intangibles", and truly they are intangible, represent peace along the arteries of commerce would be best served
the culture, learning, industry, intellectual attainments, per- thereby, the decision in this case would, if followed, require
sonalities and characters of the individuals who make up that such a statute be upheld by the Courts. If it is "allow-
the student bodies and alumni of the educational institutions able" under the Constitution for Congress to require union
to which they appertain. These intangibles are not, have never membership of any class of persons engaged in interstate com-
been, and cannot be made the property of the State to sell, merce, it is equally "allowable" for Congress to forbid such
barter, or give to others, membership.












July 23, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 13

The acceptance of this decision by trade unions is to sur- shine whiskey, and for the Federal authorities to punish the
render constitutional guarantees and grant to Congress the same man for the same act, because each sovereignty has
power of life and death over the labor movement in America. forbidden the same act. It is also proper for the State to
The temporary benefits to be attained by this holding repre- prosecute a man for operating a numbers racket and for the
sent a dear price for the freedom of American labor that will Federal authorities to prosecute the same man for a violation
be surrendered, of the Federal statutes licensing gambling, when the operation
in each case was the same, but such same act constituted
Judson Griffin vs. People of the State of Illinois, -U.S.-, a violation of the criminal laws of different sovereigns. But
100 L. (advance), p. 483. under this decision the same rule does not apply to an act
Florida and many other States provide free transcripts of designed to effect the destruction of each and both these
record for insolvent defendants in criminal cases, but it is the sovereigns.
voluntary act of such States in the exercise of their inherent Obviously when the Congress has exercised its powers of
powers of government, regulation of legitimate activities within the scope of Federal
The most significant feature of this decision is the shock- regulation, and has adopted a comprehensive scheme designed
ingly frank admission by one of the justices who writes into to cover the subject, further state regulation may necessarily
the records of the court the following: "Candor compels be an infringement upon the powers of the Congress. But
acknowledgment that the decision rendered today is a new that does not mean that an act forbidden by Federal statute
ruling. * The judicial choice is not limited to a new ruling may not also be forbidden by State law. Nor does the power
necessarily retrospective, or to rejection of what the require- given to the Congress to protect the nation, however exercised,
ments of equal protection of the laws, as now perceived, re- render a sovereign State of the union impotent to protect it-
quire. For sound reasons law generally speaks prospectively. self from those who would plot and conspire to overthrow its
S* We should not indulge in the fiction that the law now government and enslave its people.
announced has always been the law. * It is much more Harry Slochower v. Board of Higher Education of the City
conducive to law's self-respect to recognize candidly the con- of New York, U.S.--, 100 L. Ed. (advance), p. 449.
siderations that give prospective content to a new pronounce-
ment." The significance of this decision is two-fold:
This is a bald assertion of power in the judiciary to amend First: The Court either disregards the reasons assigned
the Constitution. To give to language having a clear and for the decision in Brown v. Topeka, or it regards the dangers
definite meaning to those who wrote it a new and different of Communistic influences upon students as being of insuffi-
meaning is just as clearly an amendment to the Constitution cient importance to justify the removal of instructors.
as changing the language of the document itself. To assert
that meaning can be "perceived" in the constitution today In the Brown case great emphasis is laid upon the so-
which was not perceived by those who adopted it, and which called "intangibles" connected with education in public schools.
could not be found by Taft, Holmes, McReynolds, Van De- Most Americans consider an atmosphere of patriotism, of love
vanter and their contemporaries, is to ascribe to those who of American institutions, of Democracy and of respect for those
now view it the powers of supermen. If the Constitution leaders of the past who have contributed to the building of
requires each state to furnish transcripts of record to each the nation as the most universal and valuable intangible in the
insolvent defendant in criminal cases, then such requirement atmosphere of American schools. Certainly a Communist or
was a part of such constitutional provision from the time of ex-Communist, or one who is unwilling to answer questions as
its adoption. If, on the other hand, such requirement was to his communistic affiliations is incapable of contributing to
not a part of such constitutional provision at the time of its the maintenance of that atmosphere in his class room.
adoption, then it can lawfully be made a part thereof only by The New York Statute held invalid by this decision was
the constitutional process of amendment. To substitute the designed to remove such persons from a position of trust in
"perception" of the members of the Supreme Court as to the the New York school system at the earliest possible moment.
meaning of the Constitution for the intent of the people in The return of Professor Slochower to his classroom denies to
adopting it is to completely destroy the power of the people the students, who are assigned to his classes, the most valuable
to fix in the Constitution the principles of the government intangible of the traditionally American institution of learning.
under which they are to live.
Second: But more important:-This decision disregards
States plan the government of their citizens, businessmen the fact that a State, in its relationship with individuals, oc-
arrange their industrial and economic affairs, and individuals cupies two capacities-it is a sovereign and, as such, acts in
chart the course of their lives in reliance upon the stability the capacity of a sovereign, but It is also an employer of the
of the Constitution, the correctness of its repeated construction services of men and women, and in this phase of its activities
and the integrity of the Courts to protect them in their con- it is governed by the same rules of law that govern other
stitutional rights as those rights have been fixed, understood employers of labor and services. It was never the intention of
and applied over long periods of history. If this may no longer those who proposed and adopted the Fourteenth Amendment
be done the stability of our political, economic, industrial and to regulate the acts of the States except in their sovereign
social orders has passed away and that which we know as the capacity. Under the Fourteenth Amendment the State, in the
American way of life has been replaced by a system in which making, construction and execution of laws, in the administra-
the rights of men are measured only by the vicissitudes of the tion of justice, may not deny any person the equal protection
sociological thinking of nine men. of the laws or due process of law. The effect of the present
Without attempting in any way to be facetious, we ask decision is to hold that in its relationship with its employee, in
this question: Under this decision does not a citizen, who has performing its obligations arising out of its contract with that
the constitutional right to exercise his franchise, but who is employee, the State has denied the employee due process of
unable to pay his transportation to the polls, have the right to law. As a matter of fact, if there was any wrong committed
demand that the State provide such transportation? If the by New York, it was in the breach of a private contract, a
State does not do so, his constitutional right to vote has been simple contract of employment. By the precedent of this ruling,
placed beyond his reach by the act of the State in locating the any state employee who has been discharged for dishonesty,
voting place in his precinct at a place not immediately adja- immorality, neglect of duty, or any other cause, has the right
cent to his home, to appeal to the Federal Courts for a determination of the
propriety of grounds for such discharge, or the methods used
Commonwealth of Pennsylvania vs. Steve Nelson, -U.S.-, by the State in determining the existence of such grounds.
100 L. Ed. (advance), p. 415. The basic misconception of the Court is in the application of
the Fourteenth Amendment to contractual and proprietary acts
The rationale of this decision is that Congress has power of the State as distinguished from governmental acts, or acts
to "provide for the common defense, to preserve the sov- of sovereignty.
ereignty of the United States as an independent nation and
to guarantee to each State a republican form of government," To demonstrate that this is not a fanciful criticism, it is
and, consequently, when Congress enacted a statute against only necessary to turn to the decision of the decision of the
sedition the States are rendered impotent to enforce any State Supreme Court of the United States in the case of Black v.
law on this subject because the Congress has "occupied the Cutter Laboratories, 100 L. Ed. (advance) p. 681. In that case
field." It is perfectly proper for the State to punish the a majority of the Court sustained a decision of the highest
possessor of a six-gallon still for illegally manufacturing moon- court of California which affirmed the right of I private












14 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 23, 1956

employer to discharge an employee because such employee Only by a return to, and a strict observance of, the fun-
was a member of the Communist Party. Three members of damental principles of government, now being destroyed by
the Court, however, dissented, declaring that it was a violation the Supreme Court can we provide the most reliable assurance
of the Constitution for the State to recognize the right of that under such conditions government of the people, by the
contract under which the employer acted. The fact that the people and for the people will not perish.
Court even entertained a case in which the question pre-
sented was whether the State violated the Federal Consti- The committee then escorted the Governor and Members
tution in declining to require the employer to reinstate the of the Cabinet from the House Chamber.
employee is indicative of an entirely new approach to the Senator Melvin of the 1st District moved that the joint
scope of the Federal Constitution and the power of Federal session be now dissolved and the Senate resume its session
Courts. in the Senate Chamber.
Danlan George Rea v. United States of America, -- U.S.- The motion was agreed to and the Senate retired to the
100 L. Ed. (advance), p. 213. Senate Chamber.
In this case the facts were: A Federal officer had served The House was called to order by the Speaker at 3:20 P.M.
an invalid search warrant issued out of a Federal court and
found evidence of the illegal possession of marihuana. The The roll was taken and the following Members were re-
evidence so obtained was suppressed in the Federal court. The corded present:
officer, then, acting as a private citizen, swore out a warrant
in the State court charging a violation of a statute of the Mr. Speaker Crews Livingston Saunders
State. The Supreme Court held that this officer should be Alexander Cross Mahon Shaffer
enjoined from testifying in the State court to facts within his Allen Dukes Maness Sheppard
knowledge. Andrews Duncan Marshburn Shipp
Arrington Frederick McAlpin Smith, S. C.
It is settled law that the Federal Courts will not receive Ballinger Gibbons Merritt Smith, S.N.,Jr.
evidence illegally obtained by Federal officers. It is equally Bartholomew Gleaton Mitchell Stewart, C. D.
well settled that Federal Courts will, and do, receive evidence Beasley Griffin,B.H.Jr. Moody Stewart, E. L.
illegally obtained by State officers even when such evidence Beck Griffin, J. J. Musselman Surles
has been rejected by the State courts. Belser Hathaway Okell Sweeny
It is also settled law that States have the right to receive, Blank Herrell Orr Tillett
and a majority of them do receive, evidence illegally obtained Bodiford Hopkins Page Turlington
by state officers. Boyd Home Papy Usina
Brewer Inman Patton Varn
It is debatable question, with which we are not here con- Bryant Jernigan Peeples Weinstein
cerned, whether the best interests of society will be served by Burton Johnson,C.R.Jr.Petersen Westberry
receiving evidence obtained by an illegal search and thus bring Carmine Johnson, Tom Pittman Williams, B.D.
the guilty to justice, and use other means to punish the officer Chaires Jones, D.C.Jr. Pratt Williams,G.W.
who violates the rights of citizens, or, on the other hand, re- Chappell Jones, E. B. Pruitt Williams,J.R.A.
jecting this evidence, freeing the guilty offender, and by this Cleveland Jones, O. W. Putnal Youngberg
means discouraging illegal searches by public officers. But this Coleman King Revelle Zelmenovitz
is a matter clearly within the right of each of the sovereign Conner Knight Roberts, E. S.
States to decide. The Federal Government, and each State, may Cook Lancaster Roberts, H. W.
fit its decisions to its own determination of public policy. Costin Land Rowell
The effect of the decision cited is to vest in the Federal Mr. Okell moved that the rules be waived and the House
Courts the power of fixing the rules of evidence in the State now proceed to the order of Reports of Standing Committees.
court. When the Federal officer testifies in the State Court he
does so as a private citizen. If the Supreme Court may prop- The motion was agreed to by a two-thirds vote, and it was
early arrest the proceedings in the State court and determine- so ordered.
in advance of the trial-what evidence the State court may REPORTS OF STANDING COMMITTEES
properly receive at the trial, every attribute of State sovereignty
in the administration of State law has been destroyed. The following report of the Committee on Rules & Calendar
was read:
It is significant also that the Court here assumes super-
visory powers over executive officers of the United States, thus Hon. Ted David
invading the functioning of another Department of the Federal Speaker of the House of Representatives.
Government.
CONCLUSION Dear Sir-
The history of mankind, and particularly the history of The Committee on Rules & Calendar met and a quorum
the twentieth century, clearly indicates that those who would was present.
assume dictatorial powers over nations of men find it expe-
dient to begin by offering the people transitory benefits in The following motion was adopted:
consideration for the surrender of the powers of government. 1. That Rule 62 be amended by adding the following to
The destruction of the local powers of government, the the list of Standing Committees: Committee on Internal Af-
centralization of the administration of measures designed to fairs & Education-Special.
maintain national security into one or a few individuals, and The vote on the adoption of the above motion was as fol-
the control of labor are three of the most potent tools of the lows:
dictator. Couple these with an acknowledgment of the au-
thority of any agency of government to abrogate or modify Ayes-Surles, Ballinger, Beasley, Boyd, Bryant, Burton,
constitutional safeguards, and the foundation of a dictator- Cleveland, Conner, Cook, Cross. T. Johnson, E. B. Jones, Knight,
ship has been laid. Land, Mahon, Moody, Musselman, Papy, Pruitt, Sweeny, Usina,
Frederick, Blank, Okell.
Constitutions are prepared in an atmosphere of calm de- Nays-None.
liberation and are designed to insure the liberties of the people Respectfully submitted,
not only in times of social, economic and political quietude, but GEORGE S. OKELL, Chairman
during periods of stress and crisis as well, when men may be Committee on Rules & Calendar
tempted to meet temporary exigencies by following the lead-
ership of anyone who promises relief from immediate and Mr. Okell moved the adoption of the foregoing report.
pressing problems.
The motion was agreed to, and the report of the Con-
The United States is currently experiencing an era of un- mittee on Rules & Calendar was adopted.
precedented prosperity, but we should not forget the panics
and depressions of the past, or blindly assume that they will The Speaker announced that he has appointed the following
not reoccur, Iembers to the Committee on Internal Affairs & Education-













July 23, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 15

Special: Mr. Mahon of Duval, Chairman; Mr. Surles of Polk, of Flagler, Costin of Gulf, Crews of Baker, Cross of Alachua,
Vice-Chairman; Messrs. Hopkins of Escambia, Costin of Dukes of Jackson, Duncan of Lake, Frederick of Seminole,
Gulf, Knight of Calhoun, Beasley of Walton, Alexander of Gibbons of Hillsborough, Griffin of Polk, Griffin of Osceola,
Liberty, Conner of Bradford, Pruitt of Jefferson, Brewer of Grimes of Manatee, Hathaway of Charlotte, Herrell of Dade,
Brevard, Bryant of Marion, Gibbons of Hillsborough, Smith Hopkins of Escambia, Horne of Leon, Inman of Gadsden,
of DeSoto, Herrell of Dade, Musselman of Broward, Cleveland Jernigan of Escambia, Johnson of Pinellas, Johnson of Hills-
of Seminole, Crews of Baker, Smith of Indian River, Stewart borough, Jones of Collier, King of St. Lucie, Lancaster of
of Hendry, Home of Leon and Cross of Alachua. Gilchrist, Land of Orange, Livingston of Highlands, Mahon
of Duval, Maness of Duval, Merritt of Sumter, Mitchell of
Mr. Okell moved that the rules be waived and the House Washington, Moody of Hillsborough, Musselman of Broward,
revert to the order of Introduction and reference of House Okell of Dade, Papy of Monroe, Peeples of Glades, Pratt of
Bills, Joint Resolutions, House Resolutions, Concurrent Reso- Manatee, Putnal of Lafayette, Roberts of Palm Beach, Roberts
lutions and Memorials, of Suwannee, Rowell of Martin, Saunders of Clay, Shaffer of
Pinellas, Sheppard of Lee, Shipp of Jackson, Smith of DeSoto,
The motion was agreed to by a two-thirds vote, and it was Smith of Indian River, Stewart of Okaloosa, Stewart of Hen-
so ordered. dry, Surles of Polk, Sweeny of Volusia, Tillett of Polk, Usina
INTRODUCTION AND REFERENCE OF HOUSE BILLS, of St. Johns, Varn of Hernando, Westberry of Duval, Williams
JOINT RESOLUTIONS, HOUSE RESOLUTONS, of Columbia, Williams of Hardee, Williams of Pasco, Youngberg
CONCURRENT RESOLUTIONS AND MEMORIALS of Sarasota, Zelmenovitz of Okeechobee, David of Broward
CONCURRENT RESOLUTIONS AND MEMORIALS and Mrs. Patton o Franklin-
and Mrs. Patton of Franklin--
By Messrs. Gibbons of Hillsborough, Beck of Putnam, Brewer
of Brevard, Mahon of Duval, Land of Orange, Usina of St. H. B. No. 5-XX-A bill to be entitled An Act to confer addi-
Johns, Carmine of Lee, Surles of Polk, Andrews of Union, tional powers upon the Governor of the State of Florida; to
Jernigan of Escambia, Cleveland of Seminole, Cross and Tur- authorize and empower the Governor of the State of Florida to
lington of Alachua. protect the public against violence, property damage and overt
threats of violence; to issue his proclamation and order; to au-
H. B. No. 3-XX-A bill to be entitled An Act making an thorize and direct the State Militia, the Sheriffs, or any State or
appropriation from the General Revenue Fund for the Teach- County official of the State of Florida to prevent and quell
ing Hospital at the University of Florida to supplement and tumults, riots or unlawful assemblies and to provide for the
to be used in conjunction with the appropriation made in enforcement of the Governor's proclamation relating to the
Section 1, Chapter 29666, Acts of 1955; authorizing realloca- same by all the Courts of the State of Florida.
tion of funds in the 1955 appropriation; and providing an
effective date. The bill was read the first time by title and referred to the
Committee on Internal Affairs & Education-Special.
The bill was read the first time by title and referred to the
Committees on Appropriations and Education-Higher Learning. By Messrs. Alexander of Liberty, Allen of Bay, Arrington
of Gadsden, Ballinger of Leon, Bartholomew of Sarasota, Beas-
By Messrs. Alexander of Liberty, Allen of Bay, Andrews of ley of Walton, Beck of Putnam, Blank of Palm Beach, Boyd
Union, Arrington of Gadsden, Ballinger of Leon, Bartholomew of Lake, Brewer of Brevard, Bryant of Marion, Burton of
of Sarasota, Beasley of Walton, Beck of Putnam, Blank of Brevard, Carmine of Lee, Cleveland of Seminole, Coleman of
Palm Beach, Bodiford of Bay, Boyd of Lake, Brewer of Bre- Orange, Conner of Bradford, Cook of Flagler, Costin of Gulf,
xard, Bryant of Marion, Burton of Brevard, Carmine of Lee, Crews of Baker, Cross of Alachua, Dukes of Jackson, Dun-
Chaires of Dixie, Chappell of Marion, Cleveland of Seminole. can of Lake, Frederick of Seminole, Gibbons of Hillsborough,
Coleman of Orange, Conner of Bradford, Cook of Flagler, Costin Griffin of Polk, Griffin of Osceola, Grimes of Manatee, Hath-
of Gulf, Crews of Baker, Cross of Alachua, Dukes of Jackson, away of Charlotte, Herrell of Dade, Hopkins of Escambia,
Duncan of Lake, Frederick of Seminole, Gibbons of Hills- Horne of Leon, Inman of Gadsden, Jernigan of Escambia,
borough, Gleaton of Citrus, Griffin of Polk, Griffin of Osceola, Johnson of Pinellas, Johnson of Hillsborough, Land of Orange,
Grimes of Manatee, Hathaway of Charlotte, Herrell of Dade, Livingston of Highlands, Mahon of Duval, Maness of Duval,
Hopkins of Escambia, Horne of Leon, Inman of Gadsden, Moody of Hillsborough, Musselman of Broward, Papy of Mon-
Jernigan of Escambia, Johnson of Pinellas, Johnson of Hills- roe, Peeples of Glades, Pratt of Manatee, Roberts of Palm
borough, Jones of Collier, Jones of Taylor, Knight of Calhoun, Beach, Rowell of Martin, Saunders of Clay, Shaffer of Pinel-
Lancaster of Gilchrist, Land of Orange, Livingston of High- las, Sheppard of Lee, Shipp of Jackson, Smith of DeSoto,
lands, Mahon of Duval, Maness of Duval, Marshburn of Levy, Smith of Indian River, Stewart of Okaloosa, Stewart of Hen-
McAlpin of Hamilton, Merritt of Sumter, Mitchell of Wash- dry, Surles of Polk, Sweeny of Volusia, Tillett of Polk, Usina
ington, Moody of Hillsborough, Musselman of Broward, Okell of St. Johns, Westberry of Duval, Williams of Columbia, Wil-
of Dade, Page of Nassau, Papy of Monroe, Peeples of Glades, liams of Hardee, Williams of Pasco, Youngberg of Sarasota,
Petersen of Pinellas, Pratt of Manatee, Pruitt of Jefferson, Zelmenovitz of Okeechobee, David of Broward and Mrs. Pat-
Putnal of Lafayette, Revelle of Wakulla, Roberts of Palm ton of Franklin-
Beach, Roberts of Suwannee, Rowell of Martin, Saunders of
Clay, Shaffer of Pinellas, Sheppard of Lee, Shipp of Jackson, H. B. No. 6-XX- A bill to be entitled An Act to confer
Smith of DeSoto, Smith of Indian River, Stewart of Okaloosa, additional emergency powers upon the Governor of Florida;
Stewart of Hendry, Surles of Polk, Sweeny of Volusia, Tillett to authorize and empower the Governor to promulgate and
of Polk, Turlington of Alachua, Usina of St. Johns, Varn of enforce rules and regulations to protect the public against
Hernando, Westbberry of Duval, Williams of Columbia, Wil- violence, property damage and overt threat of violence; to
liams of Hardee, Williams of Pasco, Youngberg of Sarasota, authorize the State Military Forces and Law Enforcement
Zelmenovitz of Okeechobee, David of Broward and Mrs. Patton Agencies of State or County to enforce rules and regulations:
of Franklin- to provide for posting rules and regulations and filing with
the Secretary of State; providing an effective date.
H. B. No. 4-XX-A bill to be entitled An Act relating to
Public School Personnel; amending Subsection (2) of Section The bill was read the first time by title and referred to the
231.36, Florida Statutes, as enacted by Section 1. Chapter Committee on Internal Affairs & Education-Special.
29890, Acts 1955, by authorizing the County Board of Public
Instruction to choose School Personnel from all available per- By Messrs. Land of Orange, Beck of Putnam, Gibbons of
sonnel when required to consolidate school programs; and Hillsborough, Usina of St. Johns, Brewer of Brevard, Jones of
providing an effective date. Madison and Surles of Polk-
The bill was read the first time by title and referred to H. B. No. 7-XX-A bill to be entitled An Act making an
the Committee on Internal Affairs & Education-Special. appropriation from the General Revenue Fund to the South
Florida Mental Hospital for operations for the fiscal year
By Messrs. Alexander of Liberty, Allen of Bay, Arrington of 1956-57, supplementing the appropriation made under item
Gadsden, Ballinger of Leon, Bartholomew of Sarasota, Beasley 23, Subsection (1) of Section 282.01, Florida Statutes, and
of Walton, Beck of Putnam, Blank of Palm Beach, Bodiford providing an effective date.
of Bay, Boyd of Lake, Brewer of Brevard, Bryant of Marion,
Burton of Brevard, Carmine of Lee, Chaires of Dixie, Cleve- The bill was read the first time by title and referred to the
land of Seminole, Coleman of Orange, Conner of Bradford, Cook Committees on Appropriations and Mental Health.












16 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 23, 1956

By Messrs. Carmine and Sheppard of Lee, Mahon of Duval, providing certain restrictions on use; and providing an effec-
Surles of Polk, Andrews of Union, Gibbons of Hillsborough, tive date.
Peeples of Glades, Putnal of Lafayette and Beck of Putnam--
The bill was read the first time by title and referred to the
H. B. No. 8-XX- A bill to be entitled An Act making an Committees on Appropriations and Citrus Fruit-
appropriation from the General Revenue Fund for planning
the construction of a new Farm Colony for the Epileptic and By Mr. Johnson of Hillsborough-
Feeble-minded; authorizing the Board of Commissioners of H. B. No. 12-XX-A bill to be entitled An Act making an
State Institutions to select and acquire a site in Lee County, appropriation from the General Revenue Fund to the De-
Florida; and providing an effective date. apartment of Public Safety for operations, to supplement the
The bill was read the first time by title and referred to the appropriation made under item 46, Subsection (1) of Section
Committees on Appropriations and State Institutions. 282.01, Florida Statutes; and providing an effective date.
By Messrs. Land of Orange, Gibbons of Hillsborough, Usina The bill was read the first time by title and referred to the
of St. Johns, Brewer of Brevard, Jones of Madison and Surles Committees on Appropriations and Public Safety.
of Polk- By Mr. Johnson of Hillsborough-
H. B. No. 9-XX A bill to be entitled An Act relating to H. B. No. 13-XX-A bill to be entitled An Act making an
Florida State Hospitals; amending Section 394.22, Subsection appropriation from the General Revenue Fund for the General
(11) relating to Commitments; providing effective date. Headquarters Building of the Department of Public Safety;
The bill was read the first time by title and referred to the removing certain restrictions in the 1955 appropriations Act
Committee on Judiciary-Civil. relating to second priority as they apply to this project; and
providing an effective date.
By Messrs. Alexander of Liberty, Allen of Bay, Arrington of
Gadsden, Ballinger of Leon, Bartholomew of Sarasota, Beasley The bill was read the first time by title and referred to the
of Walton, Beck of Putnam, Blank of Palm Beach, Boyd of Committee on Appropriations.
Lake, Brewer and Bolurton of Brevard, Carmine of Lee, By Messrs. Johnson of Hillsborough and Cross of Alachua.
Cleveland of Seminole, Coleman of Orange, Conner of Brad-
ford, Cook of Flagler, Costin of Gulf, Crews of Baker, Cross of H. B. No. 14-XX-A bill to be entitled An Act relating to
Alachua, Dukes of Jackson, Duncan of Lake, Frederick of the compensation of employees and officers of the Florida
Seminole, Gibbons of Hillsborough, Griffin of Polk, Griffin of Highway Patrol; amending Subsection (1) of Section 321.07,
Osceola, Grimes of Manatee, Hathaway of Charlotte, Herrell of Florida Statutes, as amended by Section 1, Chapter 29962,
Dade, Inman of Gadsden, Jernigan of Escambia, Johnson of Acts 1955; and providing an effective date.
Pinellas, Johnson of Hillsborough, Land of Orange, Livingston
of Highlands, Mahon and Maness of Duval, Merritt of The bill was read the first time by title and referred to the
Sumter, Moody of Hillsborough, Musselman of Broward, Papy Committees on Appropriations and Public Safety.
of Monroe, and Peeples of Glades, Pratt of Manatee,
Pruitt of Jefferson, Roberts of Palm Beach, Rowell of Mar- Mr. Cross was given unanimous consent to be made a co-
tin, Saunders of Clay, Shaffer of Pinellas, Shipp of Jack- introducer of House Bill No. 14-XX.
son, Smith of DeSoto, Smith of Indian River, Stewart of By Messrs. Johnson of Hillsborough and Cross of Alachua-
Hendry, Surles of Polk, Sweeny of Volusia, Tillett of Polk,
Usina of St. Johns, Varn of Hernando, Westberry of Duval, H. B. No. 15-XX-A bill to be entitled An Act relating to the
Williams of Columbia, Williams of Hardee, Williams of Pasco, Personnel of the Department of Public Safety; amending Sec-
Youngberg of Sarasota, Zelmenovitz of Okeechobee, David of tion 321.04, Florida Statutes, as amended by Section 1, Chapter
Broward and Mrs. Patton of Franklin- 29816, Acts 1955, by increasing the number of Patrol Officers
H. B. No. 10-XX-A bill to be entitled An Act relating to authorized to be employed as members of the Florida Highway
H. B. No. 10-XX-A bill to be entitled An Act relating to patrol
the management of the Public Schools at the local level; pre-
scribing student admission policies with power to make appro- The bill was read the first time by title and referred to
private rules and regulations and providing for the review of the Committees on Appropriations and Public Safety.
actions taken pursuant thereto; prescribing the duties of
certain officials; authorizing the creation of advisory commit- Mr. Cross was given unanimous consent to be made a co-
tees and study groups; authorizing employment of legal introducer of House Bill No. 15-XX.
counsel; providing for surveys; authorizing redistricting of
attendance areas and reallocation of school bus transportation Mr. Mahon, Chairman of the Committee on Internal Affairs
routes; all pursuant to the police and welfare powers of the & Education-Special, requested unanimous consent that the
State; repealing Section 230.23 (6) g., Florida Statutes; pro- committee be allowed to meet today immediately upon ad-
viding effective date. journment of the House.
The bill was read the first time by title and referred to the Without objection, it was so ordered.
Committee on Internal Affairs & Education-Special. Mr. Johnson of Hillsborough, Chairman of the Committee
Mr. Mahon, vice-chairman of the Committee on Parliamen- on Public Safety, requested unanimous consent that the com-
tary Procedure, was given unanimous consent to make a mo- mittee be allowed to meet today immediately upon adjourn-
tion that the rules be waived and the introduction of the ment of the House.
bills now on the Chief Clerk's desk be allowed at this time,
even though the bills were not in the Chief Clerk's posses- Without objection, it was so ordered.
sion for one hour prior to the convening of the House, as Mr. Williams of Hardee, Chairman of the Committee on
required by Rule 5. Citrus Fruit, requested unanimous consent that the committee
The motion was agreed to by a two-thirds vote, and it was be allowed to meet tomorrow, Tuesday, July 24, 1956, at 9:30
so ordered. A. M.
By Mr. Williams of Hardee- Without objection, it was so ordered.
H. B. No. 11-XX-A bill to be entitled An Act making an Mr. Okell moved that the rules be waived and the House
appropriation from the General Revenue Fund for the pur- now adjourn until 10:30 A. M. tomorrow.
pose of supplying immediate funds for the present emergency The motion was agreed to by a two-thirds vote.
caused by the Mediterranean Fruit Fly infestation and for
repaying of funds advanced in this emergency; providing for Thereupon, at the hour of 3:56 P. M., the House stood ad-
supervision and control by the State Budget Commission; journed until 10:30 A. M. tomorrow.














JOURNAL OF THE HOUSE OF REPRESENTATIVES


Tuesday, July 24, 1956


EXTRAORDINARY SESSION


The House was called to order by the Speaker at 10:30 A. M. the management of the Public Schools at the local level; pre-
The roll was taken and the following Members were recorded scribing student admission policies with power to make appro-
present: private Rules and Regulations and providing for the review of
actions taken pursuant thereto; prescribing the duties of
Mr. Speaker Costin Land Rowell certain officials; authorizing the creation of Advisory Commit-
Alexander Crews Livingston Saunders tees and Study Groups; authorizing employment of Legal
Allen Cross Mahon Shaffer Counsel; providing for surveys; authorizing redistricting of
Andrews Dukes Maness Sheppard attendance areas and reallocation of school bus transportation
Arrington Duncan Marshburn Shipp routes; all pursuant to the Police and Welfare Powers of the
Ballinger Frederick McAlpin Smith, S. C. State; repealing Section 230.23 (6) (g), Florida Statutes;
Bartholomew Gibbons Merritt Smith, S.N.,Jr. providing effective date.
Beasley Gleaton Mitchell Stewart, C. D.
Beck Griffin,B.H.Jr. Moody Stewart, E. L. And House Bill No. 10-XX, contained in the above report,
Belser Griffin, J. J. Musselman Surles was placed on the Calendar of Bills for Second Reading.
Blank Grimes Okell Sweeny CONSIDERATION OF MESSAGES FROM THE SENATE
Bodiford Hathaway Orr Tillett
Boyd Herrell Page Turlington The following messages from the Senate were received and
Brewer Hopkins Papy Usina read:
Bryant Horne Patton Varn
Burton Inman Peeples Weinstein Tallahassee, Florida
Carmine Jernigan Petersen Westberry July 24, 1956
Chaires Johnson,C.R.Jr. Pittman Williams, B.D. Hon. Ted David
Chappell Johnson, Tom Pratt Williams,G.W. Speaker of the House of Representatives.
Cleveland Jones, D.C.Jr. Pruitt Williams,J.R.A. Sir-
Cobb Jones. O. W. Putnal Youngberg
Coleman King Revelle Zelmenovitz I am directed by the Senate to inform the House of Repre-
Conner Knight Roberts, E. S. sentatives that the Senate has passed-
Cook Lancaster Roberts. H. W.
By Senators Johns, Baker, Pearce, Morgan, Bishop, Connor,
Excused: Mr. Jones of Madison. Tapper, Stratton, Carraway, Melvin, Douglas, Clarke, Shands,
Davis, Rodgers, Pope, Carlton, Stenstrom, Rood, Houghton,
A quorum present. Rawls, Getzen, Bronson, Barber, Cabot, Floyd, Kickliter, Neb-
The following prayer was offered by the Reverend William lett, Gautier (28th), Edwards, Johnson, Gautier (13th), Hodges,
C. Swygert, Associate Pastor of Trinity Methodist Church, Dickinson, Beall, Fraser and Black-
Tallahassee: S. B. No. 10-XX (56)-A bill to be entitled An Act to confer
additional emergency powers upon the Governor of Florida;
Our Father who art in heaven, we humbly ask Thy presence to authorize and empower the Governor to promulgate and
among us this morning. Help us to see in the future and enforce rules and regulations to protect the public against
know that soon all will know that Thou art the true Ruler violence, property damage and overt threat of violence; to
of the world. Help us, thus, to see that it is better to fail authorize the State Military Forces and Law Enforcement
in a just cause that will ultimately succeed, than to succeed Agencies of State or County to enforce rules and regulations;
in an unrighteous cause that will ultimately fail. to provide for posting rules and regulations and filing with the
Forgive us duties unperformed, shallow thoughts, and self- Secretary of State; providing an effective date.
ish motives. We are ashamed O Lord, and seek Thy renewal -and respectfully requests the concurrence of the House
of our minds and souls, therein.
Help us to believe in the ultimate triumph of righteousness Very respectfully,
and so order our lives that Thy cause will be our cause. Secretary of the Senate.
Secretary of the Senate.
Help us to stand uprightly, men and women, who need not And Senate Bill No. 10-XX contained in the above message,
be ashamed for their minds are stayed on Thee. May we be was read the first time by title and referred to the Committee
witnesses today for Thee and Thy Truth. Through Jesus our on Internal Affairs & Education-Special.
Lord we pray. Amen.
CORRECTION OF THE JOURNAL Tallahassee, Florida
The Journal for Monday, July 23, was ordered corrected, July 24, 1956
and as corrected, was approved. Hon. Ted David
Speaker of the House of Representatives.
Mr. Mahon moved that the rules be waived and the House
proceed to the order of Reports of Standing Committees. Sir-
The motion was agreed to by a two-thirds vote and it was I am directed by the Senate to inform the House of Repre-
so ordered, sentatives that the Senate has passed-
REPORTS OF STANDING COMMITTEES
REPORTS OF STANDING COMMITTEES By Senators Johns, Baker, Pearce, Morgan, Bishop, Connor,
July 23, 1956 Tapper, Stratton, Carraway, Melvin, Douglas, Clarke, Shands,
Mr. Mahon of Duval, Chairman of the Committee on Internal Davis, Rodgers, Pope, Carlton, Stenstrom, Rood, Houghton,
Affairs & Education-Special, reports that the Committee has Rawls, Getzen, Bronson, Barber, Cabot, Floyd, Kickliter, Neb-
carefully considered the following bill and recommends that lett, Gautier (28th), Edwards, Johnson, Gautier (13th), Hodges,
it pass: Dickinson, Beall, Fraser and Black-
H. B. No. 10-XX-A bill to be entitled An Act relating to S. B. No. 11-XX(56)-A bill to be entitled An Act relating


17












18 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 24, 1956

to the management of the Public Schools at the local level; -and respectfully requests the concurrence of the House
prescribing student admission policies with power to make therein.
appropriate rules and regulations and providing for the review Very respectfully,
of actions taken pursuant thereto; prescribing the duties of ROBT. W. DAVIS,
certain officials; authorizing the creation of advisory com- Secretary of the Senate.
"mittees and study groups; authorizing employment of legal
counsel; providing for surveys; authorizing redistricting of And Senate Bill No. 13-XX contained in the above message,
attendance areas and reallocation of school bus transportation was read the first time by title and referred to the Committee
routes; all pursuant to the police and welfare powers of the on Iternal Affairs & Education-Special.
State; repealing Section 230.23(6) g., Florida Statutes; pro- The Speaker announced he had interpreted that portion of
viding effective date. Rule 67 dealing with the hours of committee meetings during
the first thirty days of a regular session as not applying to
-and respectfully requests the concurrence of the House this extraordinary session, and therefore ruled that any com-
therein. mittee could meet at any time which was convenient for the
Very respectfully, Members to attend.
ROBT. W. DAVIS,
Secretary of the Senate. CONSIDERATION OF BILLS FOR SECOND READING

And Senate Bill No. 11-XX, contained in the above message, Mr. Mahon was given unanimous consent to now take up and
was read the first time by title and ordered placed on the consider Senate Bill No. 11-XX.
Calendar without reference, being a companion measure to S. B. 11-XX(56)-A bill to be entitled An Act relating to
House Bill No. 10-XX now on the Calendar. the management of the public schools at the local level; pre-
scribing student admission policies with power to make appro-
Tallahassee, Florida private rules and regulations and providing for the review of
July 24, 1956 actions taken pursuant thereto; prescribing the duties of cer-
tain officials; authorizing the creation of advisory committees
Hon. Ted David and study groups; authorizing employment of legal counsel;
Speaker of the House of Representatives. providing for surveys; authorizing redistricting of attendance
areas and reallocation of school bus transportation routes;
Sir- all pursuant to the police and welfare powers of the State;
I am directed by the Senate to inform the House of Repre- repealing Section 230.23 (6) g., Florida Statutes; providing
sentatives that the Senate has passed- effective date.
By Senators Johns, Baker, Pearce, Morgan, Bishop, Connor, -was taken up.
Tapper, Stratton, Carraway, Melvin, Douglas, Clarke, Shands, Mr. Mahon moved that the rules be waived and Senate
Davis, Rodgers, Pope, Carlton, Stenstrom, Rood, Houghton, Bill No. 11-XX be read a second time by title.
Rawls, Getzen, Bronson, Barber, Cabot, Floyd, Kickliter, Neb-
lett, Gautier (28th), Edwards, Johnson, Gautier (13th), Hodges, The motion was agreed to by a two-thirds vote and Senate
Dickinson, Beall, Fraser and Black- Bill No. 11-XX was read a second time by title.
S. B. No. 12-XX (56) -A bill to be entitled An Act relating Mr. Mahon moved that the rules be further waived and
to Public School Personnel; amending Subsection (2) of Sec- Senate Bill No. 11-XX be read a third time in full and placed
tion 231.36, Florida Statutes, as enacted by Section 1, Chapter upon its passage.
29890, Acts 1955, by authorizing the County Board of Public
Instruction to choose school personnel from all available per- The motion was agreed to by a two-thirds vote and Senate
sonnel when required to consolidate school programs; and pro- Bill No. 11-XX was read a third time in full.
viding an effective date.
hiding an effective date. When the vote was taken on the passage of the bill the
-and respectfully requests the concurrence of the House result was:
therein.
Very respectfully, Yeas:
ROBT. W. DAVIS,
Secretary of the Senate. Mr. Speaker Costin Land Saunders
Alexander Crews Livingston Shaffer
And Senate Bill No. 12-XX contained in the above message, Allen Cross Mahon Sheppard
was read the first time by title and referred to the Committee Andrews Dukes Maness Shipp
on Internal Affairs & Education-Special. Arrington Duncan Marshburn Smith, S. C.
Ballinger Frederick McAlpin Smith, S.N.,Jr.
Tallahassee, Florida Bartholomew Gibbons Merritt Stewart, C. D.
Beasley Gleaton Mitchell Stewart, E. L.
July 24, 1956 Beck Griffin,B.H.Jr. Moody Surles
Hon. Ted David Belser Griffin, J. J. Musselman Sweeny
Speaker of the House of Representatives. Blank Grimes Okell Tillett
Sir- Bodiford Hathaway Page Turlington
"Boyd Herrell Papy Usina
I am directed by the Senate to inform the House of Repre- Brewer Hopkins Patton Varn
sentatives that the Senate has passed- Bryant Horne Peeples Weinstein
Burton Inman Petersen Westberry
By Senators Johns, Baker, Pearce, Morgan, Bishop, Connor, Carmine Jernigan Pittman Williams, B.D.
Tapper, Stratton, Carraway, Melvin, Douglas, Clarke, Shands, Chaires Johnson,C.R.Jr.Pratt Williams,G.W.
Davis, Rodgers, Pope, Carlton, Stenstrom, Rood, Houghton, Chappell Johnson, Tom Pruitt Williams,J.R.A.
Rawls, Getzen, Bronson, Barber, Cabot, Floyd, Kickliter, Neb- Cleveland Jones, D.C.Jr. Putnal Youngberg
lett, Gautier (28th), Edwards, Johnson, Gautier (13th), Hodges, Cobb Jones, O. W. Revelle Zelmenovitz
Dickinson, Beall, Fraser and Black- Coleman King Roberts, E. S.
Conner Knight Roberts, H..W.
S. B. No. 13-XX (56) -A bill to be entitled An Act to confer Cook Lancaster Rowell
additional powers upon the Governor of the State of Florida;
to authorize and empower the Governor of the State of Florida Nays:
to protect the public against violence, property damage and Orr
overt threats of violence; to issue his proclamation and order;
to authorize and direct the State Militia, the sheriffs, or any Yeas-93.
State or county official of the State of Florida to prevent and Nays-1.
quell tumults, riots or unlawful assemblies and to provide for
the enforcement of the Governor's proclamation relating to the So the bill gassed, title as stated, and was ordered certified
same by all the courts of the State of Florida. to the Senate.












July 24, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 19
Mr. Mahon moved that consideration of House Bill No. July 24, 1956
10-XX, a companion measure to Senate Bill No. 11-XX, be
indefinitely postponed. Mr. Williams of Hardee, Chairman of the Committee on
Citrus Fruit, reports that the Committee has carefully con-
The motion was agreed to and it was so ordered. sidered the following bill and recommends that it pass:
INTRODUCTION OF GUESTS H. B. No. 11-XX-A bill to be entitled An Act making an
appropriation from the General Revenue Fund for the purpose
Mr. Boyd of Lake introduced the Honorable Welborn Daniel, of supplying immediate funds for the present emergency
Democratic nominee for Member of the 1957 House of Rep- caused by the Mediterranean Fruit Fly infestation and for
resentatives from Lake County. repaying of funds advanced in this emergency; providing for
supervision and control by the State Budget Commission;
Mr. Smith of Indian River introduced the Honorable L. B. providing certain restrictions on use; and providing an ef-
"Buck" Vocelle, Democratic nominee for Member of the 1957 fective date.
House of Representatives from Indian River County.
And House Bill No. 11-XX, contained in the above report,
Mr. Merritt of Sumter introduced the Honorable E. C. was then referred to the Committee on Appropriations.
Rowell, Democratic nominee for Member of the 1957 House
of Representatives from Sumter County. July 24, 1956
Mr. Bartholomew of Sarasota introduced the Honorable Mr. Gibbons of Hillsborough, Chairman of the Committee
us elso Charma of e oard o ount Commissioners on Education-Higher Learning, reports that the Committee
Gus Nelson, Chairman of the Board of County commissioners has carefully considered the following bill and recommends
of Sarasota County. that it pass:
Mr. Beck of Putnam introduced the Honorable L. L. Ridaught, H. B. No. 3-XX-A bill to be entitled An Act making an ap-
the Honorable R. B. (Dick) Lilly and the Honorable W. W. propriation from the General Revenue Fund for the Teaching
Tilton, members of the Board of County Commissioners of Hospital at the University of Florida to supplement and to
Putnam County, and Mr. Charles Goodson, Putnam County be used in conjunction with the appropriation made in Section
Engineer. 1, Chapter 29666, Acts of 1955; authorizing reallocation of
Mr. Okell moved that the rules be waived and the House funds in the 1955 appropriation; and providing an effective
now revert to the order of Reports of Standing Committees. da
And House Bill No. 3-XX, contained in the above report,
The motion was agreed to by a two-thirds vote, and it was was then referred to the Committee on Appropriations.
so ordered.
July 24, 1956
REPORTS OF STANDING COMMITTEES
REPORTS OF STANDING COMMITEES Mr. Sweeny of Volusia, Chairman of the Committee on Ju-
The following report of the Committee on Rules & Calendar diciary-Civil, reports that the Committee has carefully con-
was read: sidered the following bill and recommends that it pass:
July 24, 1956
The Honorable Thomas E. David H. B. No. 9-XX-A bill to be entitled An Act relating to
Speaker of the House of Representatives Florida State Hospitals; amending Section 394.22, Subsection
(11) relating to commitments; providing effective date.
Dear Sir:
Dar And House Bill No. 9-XX, contained in the above report,
The Committee on Rules & Calendar met and a quorum was was placed on the Calendar of Bills for Second Reading.
present. July 24, 1956
The following motion was adopted:
Mr. Moody of Hillsborough, Chairman of the Committee
1. That a committee be appointed to confer with the Senate on Appropriations, reports that the Committee has carefully
Rules Committee for the purpose of determining the proper considered the following bills and recommends that they pass:
procedure for handling local and general bills under the two-
thirds rule. H. B. No. 3-XX-A bill to be entitled An Act making an
appropriation from the General Revenue Fund for the Teach-
2. That a committee be appointed to draft or to recommend ing Hospital at the University of Florida to supplement and to
changes in the rules to meet the problems of this special ses- be used in conjunction with the appropriation made in Section
sion. 1, Chapter 29666, Acts of 1955; authorizing reallocation of
funds in the 1955 appropriation; and providing an effective
3. That no local bills be considered until the committee date.
appointed to confer with the Senate committee on procedure
has reported and rules governing have been adopted. H. B. No. 11-XX-A bill to be entitled An Act making an
appropriation from the General Revenue Fund for the purpose
The vote on the adoption of the above motions was as of supplying immediate funds for the present emergency
follows: caused by the Mediterranean Fruit Fly Infestation and for
repaying of funds advanced in this emergency; providing for
Ayes-Messrs. Okell, Surles, Ballinger, Beasley, Boyd, Bryant, supervision and control by the State Budget Commission;
Burton, Cleveland, Cobb, Conner, Cook, Cross, Blank, Johnson providing certain restrictions on use; and providing an ef-
of Hillsborough, Knight, Land, Mahon, Moody, Musselman, fective date.
Papy, Pruitt, Smith of Indian River, Sweeny, Usina, and Fred-
erick. And House Bills Nos. 3-XX and 11-XX, contained in the
above report, were placed on the Calendar of Bills for Second
Nays-None. Reading.
Respectfully submitted,
GEORGE S. OKELL, Chairman Mr. Okell moved that the House now adjourn until 10:00
Committee on Rules & Calendar A. M. tomorrow.
Mr. Okell moved the adoption of the foregoing report. The motion was agreed to.
The motion was agreed to, and the Report of the Committee Thereupon, at the hour of 11:10 A. M., the House stood
on Rules & Calendar was adopted, adjourned until 10:00 A. M. tomorrow.
















JOURNAL OF THE HOUSE OF REPRESENTATIVES

EXTRAORDINARY SESSION


Wednesday, July 25, 1956


The House was called to order by the Speaker at 10:00 A. M. H. B. No. 8-XX- A bill to be entitled An Act making an
appropriation from the General Revenue Fund for planning
The roll was taken and the following Members were recorded the construction of a new Farm Colony for the Epileptic and
present: Feeble-minded; authorizing the Board of Commissioners of
Mr. Speaker Cook King Roberts, E. S. State Institutions to select and acquire a site in Lee County,
Alexander Costin Knight Rowell Florida; and providing effective date.
Allen Crews Lancaster Saunders And House Bill No. 8-XX, contained in the above report, was
Andrews Cross Land Shaffer then referred to the Committee on State Institutions.
Arrington Dukes Livingston Sheppard
Ballinger Duncan Mahon Shipp Mr. Okell moved that the rules be waived and the House
Bartholomew Frederick Maness Smith, S. C. revert to the order of Motions relating to Committee Reference.
Beasley Gibbons Marshburn Smith,S.N.,Jr.
Beck Gleaton Merritt Surles The motion was agreed to by a two-thirds vote and it was
Belser Griffin,B.H.Jr. Mitchell Sweeny so ordered.
Blank Griffin, J. J. Musselman Tillett MOTIONS RELATING TO COMMITTEE REFERENCE
Bodiford Grimes Okell Turlington MOTIONS RELATING TO COMMITTEE REFERENCE
Bodiford Grimes Okell Turlington
Boyd Hathaway Orr Usina Mr. Land moved that the rules be waived and House Bill
Brewer Herrell Page Varn No. 7-XX be withdrawn from the Committee on Mental Health
Bryant Hopkins Papy Weinstein and placed on the Calendar.
Burton Horne Patton Westberry
Chaires Inman Peeples Williams, B.D. The motion was agreed to by a two-thirds vote, and House
Chappell Jernigan Petersen Williams,G.W. Bill No. 7-XX was ordered withdrawn from the Committee on
Cleveland Johnson,C.R.Jr. Pittman Williams,J.R.A. Mental Health and placed on the Calendar.
Cobb Johnson, Tom Pratt Youngberg Mr. Sheppard moved that the rules be waived and House Bill
Coleman Jones, D.C.Jr. Pruitt Zelmenovitz No. 8-XX be withdrawn from the Committee on State Institu-
Conner Jones, O. W. Revelle tions and placed on the Calendar.
Excused: Messrs. Jones of Madison, Roberts of Suwannee The motion was agreed to by a two-thirds vote, and House
and Carmine. Bill No. 8-XX was ordered withdrawn from the Committee on
A quorum present. State Institutions and placed on the Calendar.
The following prayer was offered by the Reverend Oliver COMMUNICATIONS
Carmichael, Chaplain: The following communication from the Attorney General
O God of Peace, who hath taught us that in returning and was read by the Speaker:
rest we shall be saved, in quietness and confidence shall be ATTORNEY GENERAL
our strength; by the might of thy Spirit lift us, we pray thee, STATE OF FLORIDA
to thy presence, where we may be still and know that thou TALLAHASSEE
are God, through Jesus Christ our Lord. Amen.
July 24, 1956
CORRECTION OF THE JOURNAL Honorable Prentice P. Pruitt
State Representative
The Journal for Tuesday, July 24, was ordered corrected, Tallahassee, Florida
and as corrected, was approved.
Re: Introduction of legislation in extraordinary session of
Mr. Okell moved that the rules be waived and the House Legislature.
proceed to the order of Reports of Standing Committees.
Dear Mr. Pruitt:
The motion was agreed to by a two-thirds vote and it er r
was so ordered. Replying to your letter of the 21st inst., in which you pose
the following question for our consideration:
REPORTS OF STANDING COMMITTEES
"In a Special Session of the Florida Legislature convened
July 25, 1956 by proclamation of the Governor of the State of Florida,
Mr. Moody of Hillsborouh, Chairman of the Committee on pursuant to his authority under Section 8 of Article IV of
Mr. Moody of Hillsborough, Chairman of the Committee on the Constitution of the State of Florida, are the members
Appropriations, reports td omm hat the Committee has carefully con- thereof precluded from introducing legislation within the
sidered the following bill and recommends that it pass: scope and purposes stated in such proclamation, save and
H. B. No. 7-XX-A bill to be entitled An Act making an except by a two-thirds vote of each House?"
appropriation from the General Revenue Fund to the South
Florida Mental Hospital for operations for the fiscal year When an extraordinary session of the state legislature is
1956-57, supplementing the appropriation made under item convened by the Governor, in the manner provided in and by
23, Subsection (1) of Section 282.01, Florida Statutes, and Section 8, Article IV, of the State Constitution, he is required
providing an effective date. "to state the purpose for which it is to be convened, and the
legislature, when organized, shall transact no legislative busi-
And House Bill No. 7-XX, contained in the above report, was ness other than that for which it is especially convened, or such
then referred to the Committee on Mental Health. other legislative business as the Governor may call to its atten-
tion while in session, except by a two-thirds vote of each house."
July 25, 1956 The above question deals with the introduction of bills into an
extraordinary session called under said Section 8, Article IV,
Mr. Moody of Hillsborough, Chairman of the Committee on of the State Constitution.
Appropriations, reports that the Committee has carefully con-
sidered the following bill and recommends that it pass: As a general rule legislation adopted at an extraordinary

20













July 25, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 21

session must be germane to, or within, the Governor's call or Rule 37. Strike out the first sentence and insert in lieu
proclamation. In determining whether a given bill is within or thereof the following:
germane to the subject stated in the Governor's call, general
rules applicable to the construction of statutes have been ap- No member shall occupy more than 15 minutes in debate
plied to the construction of the call or proclamation. Thus the on any question in the House or in Committee, except as
call or proclamation should be construed or considered in its further provided in this Rule.
entirety, including supplemental calls or proclamations and
special messages (82 C. J. S. 29, Section 10; 50 Am. Jur. 63-65, Strike out "(10 minutes after the first 30 calendar days)"
Sections 46, 47 and 49.) Under said Section 8, Article IV, of whenever it appears.
the State Constitution, the call or proclamation of the Gover- Rule 38. Beginning in the second sentence strike out ", and
nor may contain many or few subjects of legislation, according shall not be withdrawn after the said succeeding day without
to the Governor's conception of the public need, and, within the consent of a majority of the House. If not acted upon
his discretion, he may confine legislation to specified subjects by the original mover during the two days or withdrawn,
(82 C.J.S. 27-28, Section 10). "The Governor may limit the any Member may call it up for consideration thereafter.
consideration of a general subject to a specified phase of it,
but he cannot restrict the details springing from such sub- In the fourth sentence strike out "if made during the last
ject .." (82 C.J.S. 27, Section 10). seven calendar days of a regular session,"
From the above and foregoing authorities, it appears that Rule 39. Strike out the 1st, 2nd and 3rd sentence and
members of the legislature, at an extraordinary session called insert in lieu thereof: "The Chief Clerk shall transmit all
pursuant to Section 8, Article IV, of the State Constitution, are general bills, joint resolutions, local bills, concurrent resolu-
not "precluded from introducing legislation within the scope tions and memorials to the Senate as soon as possible after
and purpose stated in" the Governor's call or proclamation, passage or adoption."
without first obtaining a two-thirds vote of each house. How-
ever, it is the primary duty of the presiding officer of the legis- Rule 40. Strike out the 2nd sentence and insert in lieu
lative body in which introduction is sought to determine thereof the following: "It shall be a privileged motion to
whether the bill offered is within the scope of the Governor's discharge or instruct House conferees after House conferees
call or proclamation, and in making this determination it may shall have been appointed 36 hours without having made a
become necessary that he construe both the call or proclama- report."
tion and the bill offered for introduction.
Rule 42. Strike out all after "Special Orders" in item 11.
Sincerely,
RICHARD W. ERVIN Rule 56. Strike out Rule 56.
Attorney General
cc: Hon. W. Turner Davis Rule 62. In the 1st sentence, immediately following the
President of the Senate colon, insert the following: "Committee on Internal Affairs
Hon. Thomas E. (Ted) David & Education-Special".
Speaker of the House Rule 67. Strike out all the 1st paragraph after the 1st
Mr. Beasley moved that the foregoing opinion from the sentence. Strike out the 2nd paragraph.
Attorney General be spread upon the pages of the Journal.
Rule 70. Strike out the 1st sentence and insert in lieu
The motion was agreed to, and it was so ordered. thereof: "Every bill, joint resolution, resolution and memorial
referred to a committee or committees shall be reported back
Mr. Okell moved that the rules be waived and the House before the expiration of 4 calendar days excluding Sunday
proceed to the order of Reports of Standing Committees. from the date of its reference.
The motion was agreed to by a two-thirds vote, and it
was so ordered. The above reports were approved and adopted by the
following vote.
REPORTS OF STANDING COMMITTEES
Ayes-Okell, Surles, Ballinger, Beasley, Boyd, Bryant, Burton,
The following report of the Committee on Rules & Calendar Cleveland, Conner, Cook, Cross, Johnson, Jones, Knight, Land,
was read: Mahon, Moody, Musselman, Sherman, Sweeny, Usina, Fred-
July 25, 1956 erick, Blank, Griffin.
The Honorable Thomas E. David
Speaker of the House of Representatives Nays-None.
Dear Sir: Respectfully submitted,
GEORGE S. OKELL, Chairman
The Committee on Rules & Calendar met and a quorum Committee on Rules & Calendar.
was present.
Mr. Okell moved the adoption of the first part of the
The committee appointed to confer with the senate rules foregoing report with reference to the report of the sub-
committee on the question of procedure on local and general committee as to the procedure for handling the introduction
bills outside the call of the Governor made the following of bills, the subjects of which did not come within the purview
report: of the Governor's Proclamation convening the Extraordinary
Session.
By Mr. Sweeny, Chairman of the Sub-Committee:
That the procedure followed in the 1949 Special Session The motion was agreed to, and the first part of the report
relative to the introduction of bills and resolutions which are of the Committee on Rules & Calendar was adopted.
not within the purview of the Governor's proclamation be
followed during this Special Session; i. e.: when the Read- Mr. Okell moved the adoption of the second part of the
ing Clerk reads a bill without the purview of the Governor's foregoing report with reference to the amendments to the
proclamation, the Speaker will recognize the introducer to rules of the House.
explain the bill and make a motion that he be granted the
necessary two-thirds consent to introduce the bill. The motion was agreed to. and the second part of the
report of the Committee on Rules & Calendar was adopted.
The committee to recommend changes in the rules for this
special commission made the following report by Mr. Bryant, Mr. Putnal asked to be recorded present.
chairman of said Sub-Committee. "That the following changes
in the rules be adopted. Mr. Okell moved that the rules be waived and the House
Rule 28. Strike out the rule and insert in lieu thereof the now revert to the order of Introduction and Reference of
following: House Bills, Joint Resolutions, House Resolutions, Concurrent
Resolutions and Memorials.
The time and days for convening and adjourning shall be
determined by resolution originating in the Committee on The motion was agreed to by a two-thirds vote, and it
Rules & Calendar. was so ordered.













22 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 25, 1956

INTRODUCTION AND REFERENCE OF HOUSE BILLS, graph (a) of Subsection (3) of Section 2 and all of Section
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, 4 of Chapter 22963, Acts of 1945, as amended.
CONCURRENT RESOLUTIONS AND MEMORIALS
The Speaker ruled that the introduction and consideration
By Messrs. Coleman of Orange, Bartholomew of Sarasota, of House Bill No. 19-XX would constitute Legislative business
Williams of Hardee, Andrews of Union and Marshburn of Levy. o:her than that for which the Legislature was especially
convened.
H. B. No. 16-XX-A bill to be entitled An Act to require
applicants for admission to State Institutions of Higher Learn- Mr. Herrell moved that this House determine that it shall
ing to be of good moral character and fitness; and to require transact the Legislative business of the introduction and
certification of each such applicant by persons having certain consideration of House Bill No. 19-XX.
qualifications.
qualifications. The motion was agreed to by the required Constitutional
The Speaker withheld his ruling on the question of whether two-thirds vote, and House Bill No. 19-XX was admitted
or not the introduction and consideration of House Bill No. for introduction and consideration by the House.
16-XX would constitute Legislative business other than that
for which the Legislature was especially convened, and re- The bill was read the first time by title and ordered placed
quested a recommendation of the Committee on Rules & Cal- on the Calendar of General Bills of Local Application.
endar with respect thereto. By Mr. Johnson of Pinellas-
By Messrs. Surles, Tillett and Griffin of Polk, Livingston of
Highlands and Williams of Hardee- H. B. No. 20-XX-A bill to be entitled An Act authorizing
an increase in taxation for mosquito and/or arthropod control
H. B. No. 17-XX-A bill to be entitled An Act to amend within Pinellas County, State of Florida; providing for the
Chapter 28521, Laws of Florida, Acts of 1953, being An Act to levying and collecting of such tax for the control of mosquitoes
amend Chapter 22683, Laws of Florida, Acts of 1945, relating and/or arthropods; defining arthropods; repealing all laws
to employment and compensation of secretaries of Circuit limiting amount of taxes to be levied in said County for the
Judges in each of the Judicial Circuits of Florida comprised of control thereof; fixing an effective date.
three counties and having a population of not less than one
hundred thousand (100,000), nor more than two hundred The Speaker ruled that the introduction and consideration
thousand (200,000), according to the last official census, by of House Bill No. 20-XX would constitute Legislative business
increasing the compensation allowed said secretaries, by pro- other than that for which the Legislature was especially con-
viding additional compensation; fixing an effective date. vened.
The Speaker ruled that the introduction and consideration Mr. Johnson of Pinellas moved that this House determine
of House Bill No. 17-XX would constitute Legislative business that it shall transact the Legislative business of the introduc-
other than that for which the Legislature was especially con- tion and consideration of House Bill No. 20-XX.
vened. The motion was agreed to by the required Constitutional
Mr. Surles moved that this House determine that it shall two-thirds vote, and House Bill No. 20-XX was admitted for
transact the Legislative business of the introduction and con- introduction and consideration by the House.
sideration of House Bill No. 17-XX. Proof of Publication of notice attached to House Bill No.
The motion was agreed to by the required Constitutional 20-XX.
two-thirds vote, and House Bill No. 17-XX was admitted for The House of Representatives thereupon determined that the
introduction and consideration by the House. notice and evidence thereof required by Section 21 of Article III
The bill was read the first time by title and ordered placed of the Constitution, has been established in this Legislature.
on the Calendar of General Bills of Local Application. The bill was read the first time by title and ordered placed
By Mr. Cook of Flagler- on the Calendar of Local Bills.
H. B. No. 18-XX-A bill to be entitled An Act to fix the By Messrs. Surles, Tillett and Griffin of Polk, Livingston of
Compensation of the Superintendent of Public Instruction of Highlands, and Williams of Hardee.
Flagler County, Florida; to provide when this Act shall take H. B. No. 21-XX-A bill to be entitled An Act amending
effect. Section 26.11, Florida Statutes, relating to the Tenth Judicial
The Speaker ruled that the introduction and consideration Circuit; providing for the number of Circuit Judges and Official
of House Bill No. 18-XX would constitute Legislative business Census of the Counties thereof; fixing an effective date.
other than that for which the Legislature was especially con- The Speaker ruled that the introduction and consideration
vened. of House Bill No. 21-XX would constitute Legislative business
Mr. Cook moved that this House determine that it shall other than that for which the Legislature was especially con-
transact the Legislative business of the introduction and con- vened.
sideration of House Bill No. 18-XX. Mr. Surles moved that this House determine that it shall
The motion was agreed to by the required Constitutional transact the Legislative business of the introduction and con-
two-thirds vote, and House Bill No. 18-XX was admitted for sideration of House Bill No. 21-XX.
introduction and consideration by the House. The motion was agreed to by the required Constitutional
Proof of Publication of notice attached to House Bill No. two-thirds vote, and House Bill No. 21-XX was admitted for
18-XX. introduction and consideration by the House.
The House of Representatives thereupon determined that The bill was read the first time by title and ordered placed
The House of Representatives thereupon determined that on the Calendar of General Bills of Local Application.
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this By Messrs. Bartholomew and Youngberg of Sarasota-
egislature. H. B. No. 22-XX-A bill to be entitled An Act providing for
The bill was read the first time by title and ordered placed the issuance of hospital bonds of Sarasota County, Florida;
on the Calendar of Local Bills. providing for the disposition of the proceeds of such bonds;
providing for the levy annually of a special tax on all taxable
By Mr. Herrell of Dade- property in said County to pay the principal of, and interest
on, said bonds; providing for a referendum election by free-
H. B. No. 19-XX-A bill to be entitled An Act relating to holders who are qualified electors of Sarasota County, Florida,
the powers and duties of the Boards of County Commissioners to pass on this Act and to pass on the issuance of said bonds.
and the Governing Authorities of Municipalities in all Counties
of the State having a population of 260,000, or more, according The Speaker ruled that the introduction and consideration
to the latest Federal Census with relation to the acquisition of House Bill No. 22-XX would constitute Legislative business
and construction of port facilities, harbors, airfields and other other than that for which the Legislature was especit.lly
public facilities; repealing Chapter 30304, Acts 1955, Para- convened.












July 25, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 23

Mr. Bartholomew moved that this House determine that By the Committee on Appropriations-
it shall transact the Legislative business of the introduction An Act making an
and consideration of House Bill No. 22-XX. H. B. No. 27-XX--A bill to be entitled An Act making an
nd consideration of House Bill No. 22-XX. Appropriation from the General Revenue Fund to the Florida
The motion was agreed to by the required Constitutional Parole Commission for operations, to supplement the Appro-
two-thirds vote, and House Bill No. 22-XX was admitted for priation made under Item 40, Subsection (1) of Section 282.01,
introduction and consideration by the House. Florida Statutes; and providing an effective date.
The bill was read the first time by title and ordered placed The bill was read the first time by title and ordered placed
on the Calendar of Local Bills. on the Calendar without reference.
By Mr. Papy of Monroe- By the Committee on Appropriations-
H. B. No. 23-XX-A bill to be entitled An Act authorizing H. B. No. 28-XX-A bill to be entitled An Act making Appro-
"any person or persons, partnership, company or corporation priations from the General Revenue Fund for buildings and
who construct fifty or more homes for sale in counties having facilities at the Female Correctional Institution at Lowell; and
a population not less than 28,900 and not more than 34,500 providing an effective date.
inhabitants, according to the last Federal Census. After sale The bill was read the first time by title and ordered placed
thereof to other owners to manage the rental thereof and on the Calendar without reference.
collect rentals if designated by the owners of said homes
as their agents and to accept compensation from said owners By Mr. Bodiford of Bay-
for their said services; repealing all laws and parts of laws,
whether general or special, in conflict with this Act to the H. B. No. 29-XX-A bill to be entitled An Act relating to the
extent of such conflict; and providing when this Act shall salary of each Circuit Judge residing in and a resident of a
take effect. County with a population of forty-two thousand (42,000) or
more within a Judicial Circuit of Florida containing six (6) or
The Speaker ruled that the introduction and consideration more Counties with a total population in excess of one hundred
of House Bill No. 23-XX would constitute Legislative business eighteen thousand (118,000) and with two (2) or more Counties
other than that for which the Legislature was especially con- therein having a population of thirty-four thousand (34,000)
vened. or more, according to the last preceding Federal Census; pro-
viding for a portion of said salary to be paid out of the General
Mr. Papy moved that this House determine that it shall Revenue Fund of said County; providing an appropriation
transact the Legislative business of the introduction and con- therefore; and providing an effective date.
sideration of House Bill No. 23-XX.
The Speaker ruled that the introduction and consideration
The motion was agreed to by the required Constitutional of House Bill No. 29-XX would constitute Legislative business
two-thirds vote, and House Bill No. 23-XX was admitted for other than that for which the Legislature was especially
introduction and consideration by the House. convened.
The bill was read the first time by title and ordered re- Mr. Bodiford moved that this House determine that it shall
ferred to the Committee on Parliamentary Procedure. transact the Legislative business of the introduction and
By Mr. Pruitt of Jefferson- consideration of House Bill No. 29-XX.
H. B. No. 24-XX-A bill to be entitled An Act to prohibit the The motion was agreed to by the required Constitutional
compelling or coercion of a child to attend a school established two-thirds vote, and House Bill No. 29-XX was admitted for
for another race, or an integrated school; providing for the introduction and consideration by the House.
enforcement thereof; providing a penalty for violations and The bill was read the first time by title and ordered
providing an effective date. referred to the Committee on Parliamentary Procedure.

The Speaker withheld his ruling on the question of whether By Mr. Bodiford of Bay-
or not the introduction and consideration of House Bill No.
24-XX would constitute Legislative business other than that for H. B. No. 30-XX-A bill to be entitled An Act amending
which the Legislature was especially convened, and requested Chapter 28689, Laws of Florida, Acts of 1953, fixing the com-
a recommendation of the Committee on Rules & Calendar with sensation and expenses of members of the Board of County
respect thereto. Commissioners of Bay County, Florida; providing effective
date.
By Messrs. Pruitt of Jefferson, and Knight of Calhoun--
The Speaker ruled that the introduction and consideration
H. B. No. 25-XX-A bill to be entitled An Act authorizing of House Bill No. 30-XX would constitute Legislative business
and requiring the Attorney General to provide legal services to other than that for which the Legislature was especially
local officials in the enforcement of State Law relating to sep- convened.
aration of races in public schools; providing for an appropria- Mr. Bodiford moved that this House determine that it shall
tion and an effective date. transact the Legislative business of the introduction and

The Speaker withheld his ruling on the question of whether consideration of House Bill No. 30-XX.
or not the introduction and consideration of House Bill No. The motion was agreed to by the required Constitutional
25-XX would constitute Legislative business other than that two-thirds vote, and House Bill No. 30-XX was admitted for
for which the Legislature was especially convened, and re- introduction and consideration by the House.
quested a recommendation of the Committee on Rules & Cal-
endar with respect thereto. Proof of Publication of notice attached to House Bill No.
30-XX.
By Mr. Pruitt of Jefferson-
The House of Representatives thereupon determined that
H. C. R. No. 26-XX-A Concurrent Resolution to declare the the notice and evidence thereof required by Section 21 of
Supreme Court decisions of May 17, 1954 and May 31, 1955, in Article III of the Constitution, has been established in this
the school segregation cases, and all similar decisions, by the Legislature.
Supreme Court null, void and of no effect; to declare that a
contest of powers has arisen between the State of Florida and The bill was read the first time by title and ordered placed
the Supreme Court of the United States; to invoke the doctrine on the Calendar of Local Bills.
of interposition; and for other purposes. By the Committee on Internal Affairs & Education-
The Speaker withheld his ruling on the question of whether Special-
or not the introduction and consideration of House Concurrent H. C. R. No. 31-XX-A concurrent resolution denouncing the
Resolution No. 26-XX would constitute Legislative business usurpation of power by the Supreme Court of the United
other than that for which the Legislature was especially con- States and demanding the preservation of our inherent rights.
vened, and requested a recommendation of the Committee on
Rules & Calendar with respect thereto. WHEREAS, in the life of a democratic nation when it be-












24 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 25, 1956

comes necessary for the people to take notice of and enter among the people they have found no difficulty in effecting
a solemn protest against any usurpation of power by those the changes they found desirable.
who have been entrusted with high public office, and to de-10
mand, as of right, that public officers remain subservient to the0
people and that they desist from assuming powers which The assumption by any public official, or group of public
have not, by the people, been placed in their hands, the officials, of power to change the meaning of the constitution
opinions of their fellow men require that the people set of the United States, other than by the method provided by
forth in clear and unmistakable language the causes which article V of the constitution, is an abuse of public trust and a
impel them to such action. tyrannical usurpation of power; and
To the end that the declarations now about to be made WHEREAS, under the constitution of the United States
may be thoroughly understood, and the motives which impel when evidences of the assumption of tyrannical powers appear
them may be fully appreciated, we first pronounce the follow- in the executive or in the congress the people may, by means
ing principles, each of which we hold to be an integral part of of the ballot, protect and preserve their liberties by the
our American System of Government: repudiation of those in office. But when the federal judiciary,
-1- which is insulated from the heat of political differences by
the life tenure of its membership, enters upon a course of
All political power is inherent in the people and all govern- action inimicable to the rights of the people, this method of
ment derives all its powers from the consent of the governed, reform is unavailable. Under such circumstances those re-
straints which characterize men capable of self-government
-2- require that by orderly and peaceable means the inherent
and unalienable rights and powers of the people shall be
When the people form a government by the adoption of a utilized to restore those rights of which they have unjustly
written constitution the words of that constitution are but and unlawfully been deprived.
the instrumentalities by which ideas, principles and plans
present in the minds of those who adopt the constitution We call to the attention of all thinking Americans the fol-
are recorded for accuracy and for preservation to posterity, lowing unwarranted and unauthorized acts of invasion of
-3- the powers reserved to the states and to the people:
-3-
(1) By decisions rendered May 17, 1954, in Brown vs. Board
Those who are temporarily invested with power over their of Education of Topeka, Harry Briggs, Jr., et al., vs. R. W.
fellow countrymen, by being chosen to occupy public offices Elliott, et al., Dorothy E. Davis, et al., vs. County School Board
provided for in a constitution, are charged with a solemn of Prince Edward County, Virginia, Frances B. Gebhart, et al.,
responsibility to exercise only such powers as, under such vs. Ethel Louise Belton, et al., 347 US 483, 98 L. Ed. 873, the
constitution, have been entrusted to them. supreme court of the United States denied to the sovereign
-4- states of the American union the power to regulate public
education by the use of practices first declared constitutional
A division of the powers of government into three de- by the state of Massachusetts, adopted by the congress, ap-
partments, executive, legislative and judicial is expressed or proved by the executive, affirmed and reaffirmed by the
implied in every constitution of the American Union including supreme court of the United States and practiced by states
the constitution of the United States. for more than a century.
-5- It has based these decisions upon matters of fact as to
which the parties affected were not given an opportunity to
The constitution of the United States is a grant of powers to offer evidence or cross examine the witnesses against them.
the central federal government, and all powers not delegated
to the federal government by the constitution, nor prohibited It has cited as authority for the assumed and asserted
by it to the states, are reserved to the states, or to the people, facts the unsworn writings of men, one of whom was the
hireling of an active participant in the litigation. Others were
-6- affiliated with organizations declared by the attorney general
of the United States to be subversive, and one of whom, in
The judicial powers delegated to the federal government the same writing which the court cited as authority for its
are vested by the constitution in the federal judiciary and decision stated that the constitution of the United States is
include the power to interpret, construe and apply the con- "impractical and unsuited to modern conditions".
stitution of the United States.
In reaching its conclusion the supreme court has disregarded
-7- its former pronouncements and attempted to justify such ac-
The power to interpret, construe and apply the constitution tion bythe expedient of imputing ignorance of pschology t
men whose knowledge of the law and understanding of the
is limited to an ascertainment of the ideas, principles and constitution could not be impugned, and has expressly predi-
thoughts that were in the minds of those who drafted and cated its determination of the rights of the people of the
adopted the constitution, including amendments thereto, and several sovereign states of the American union upon the psy-
the application of those ideas, principles and thoughts to chological conclusions of Kotinsky, Brameld and Myrdal, and
particular factual situations from time to time presented to their ilk, rather than the legal conclusions of Taft, Holmes,
the courts. The application of constitutional principles may Van Devanter, Brandeis and their contemporaries upon the
differ with changing conditions, but the principles them- bench.
selves are unchanging and unchangeable except by the people
and then only by the method provided in the constitution. In reaching its conclusion the court, professing itself to be
unable to ascertain the intent of those who adopted the four-
-8- teenth amendment to the constitution, arbitrarily chose to
A judicial construction of the constitution enunciated by repudiate the solemn declaration of its meaning rendered
the supreme court of the United States and understood and under the sanctity of their oath of office by the justices of the
acquiesced in by the executive department, the congress supreme court of the United States at a time when all of its
acquiesced in by the executive department, the congress members were contemporaries of those who proposed, discussed,
and the people over a long period of time becomes as much a dbt smtte n a t t mnmnt
part of the fundamental law of the land as that which has ate submitted and adopted the amendment.
been written in the constitution itself, and is binding equally However, much as citizens of other states may approve and
upon the people, the states of the union, and the supreme applaud these decisions, they dare not embrace the theory
court of the United States. upon which they are based nor the fallacies therein contained
-9- lest they themselves by the application of the same theory and
fallacies bring destruction to their institutions and to their
The constitution of the United States may be amended liberties.
only in the manner provided in that constitution. In the
course of history since the adoption of the constitution the (2) In a decision rendered May 21, 1956, in Railway Em-
people have twenty-one times found it expedient to amend ployees Department, American Federation of Labor, Interna-
the constitution, and when that unanimity of public opinion tional Association of Machinists, et al., vs. Robert L. Hanson,
which justifies a change in the constitution has developed et al., ........US......... 100 L. Ed. (advance) p. 633, the supreme












July 25, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 25

court of the United States held that a union shop agreement In reaching the conclusion announced, the supreme court
negotiated between certain railroads and certain organizations refused to follow the previously accepted construction and
of employees of such railroads which had been authorized by interpretation of the constitution of the United States as
an act of the congress superseded the right-to-work provisions stated in unmistakable language in prior decisions of that
of the constitution of the state of Nebraska and the state stat- court.
utes enacted pursuant thereto.
In reaching the announced conclusion, the court decried,
The effect of this decision, made in a case instituted by free and seemed to find obnoxious the fact that under the Penn-
American citizens to enforce their rights under the constitu- sylvania law a private citizen could set in motion the legal
tion of the United States, was to deny these American citizens processes by which those charged with conspiracy against
the right to work at their chosen trade unless they became the government of the commonwealth of Pennsylvania could
members of and contributed to the funds of organizations to be brought to trial and, if found guilty, be punished by due
which they did not wish to belong and to which they did not course of Pennsylvania law.
wish to contribute of their substance.
In reaching the announced conclusion the court dismissed
The effect of this decision was to advise these free American with a casual comment in a footnote to its decision the
citizens that their right to be immune from any deprivation solemn declaration of the congress that "Nothing in this title
of liberty or property without due process of law, supposedly shall be held to take away or impair the jurisdiction of the
guaranteed to them by their federal constitution, did not ex- courts of the several states under the laws thereof."
tend to their right to work, supposedly guaranteed by the con-
stitution of their state, as against the demands of a nonofficial In reaching the announced conclusion the court did not
labor organization that they pay to it money to be expended limit the impact of its judgment to statutes involving sedition
in the negotiation of labor contracts, the terms of which these against the government of the United States, but expressly
citizens might or might not seek or desire, pointed out that a state has no power to enact laws for its
own protection, but must rely upon the federal authorities for
The effect of this decision is to vest in the congress the the suppression of sedition against the state itself or its political
power to prohibit, permit, or require, closed shops, union shops subdivisions.
or open shops or to outlaw unions in each and every industry
in America whose activities come within the present expanded (5) In a decision rendered April 23, 1956, in Judson Griffin,
concept of interstate commerce. et al., vs. People of the state of Illinois, ........U.S........., 100 L. Ed.
(advance) p. 483, the supreme court of the United States held
The effect of this decision is to abrogate, with respect to all that the due process and equal protection clauses of the con-
employment in interstate business, the constitutions and laws stitution of the United States rendered illegal the imprison-
of those seventeen sovereign American states which have ment of one charged with armed robbery and duly convicted
sought to protect the rights of their citizens to a free and open in the trial court of Illinois, unless the state of Illinois pro-
labor market, making union membership optional with each vided the defendant, free of charge, with a transcript of the
worker, protecting him on the one hand from an employer who proceedings to be used in an appeal of his conviction.
might desire the destruction of the union, and on the other
hand from the union which might desire to exploit him or The basis of this decision was that, since the law of Illi-
advocate policies which he did not endorse, nois authorized appeals in criminal cases, and the particular
defendant in question was insolvent, the fourteenth amend-
(3) By a decision rendered January 16, 1956, Dantan George ment required the state to pay the costs of his appeal.
Rea vs. United States of America, ........US........, 100 L. Ed. (ad-
vance) p. 213, the supreme court of the United States held that The effect of this decision is to place upon each of the
it was within the power of the federal courts to enjoin an offi- states the duty of guaranteeing the financial ability of every
cer of the executive department of the federal government from citizen to exercise constitutional rights.
testifying in the courts of the state of New Mexico in a criminal
prosecution of one charged with a violation of a statute of (6) By a decision rendered April 9, 1956, in Harry Slochower
that state prohibiting the possession of marihuana. vs. Board of Higher Education of the city of New York,
........U.S........., 100 L. Ed. (advance) p. 449, the supreme court of
In so doing the court assumed power to direct the activities the United States held that the city of New York had violated
of executive officers of the federal government to the extent of the constitution of the United States by the summary discharge
forbidding them from testifying voluntarily, or under the of a public employee who had refused to answer questions rela-
process of a state court, as to matters within their knowledge tive to his communistic activities and claimed the benefit of
in a case in which no question of privilege or national security the fifth amendment to the constitution in so doing.
was involved.
In so holding the court held invalid a charter provision of
In so doing the court assumed power to control the admin- the city of New York designed to provide for the removal, as
istration of local justice in state courts by the indirect method quickly as possible, of those public employees who were deemed
of forbidding witnesses to testify in such state courts while by the people of that great city to be unfit to be entrusted
giving lip service to the letter of the rule which denies to the with any part in the administration of the public affairs of
federal courts any power to control the acts or proceedings of the city.
state courts. In so holding the court revoked the prompt removal from
In so doing the court assumed power to fix the rules of evi- a state school of a teacher whose influence was deemed by
dence which should control the administration of justice in the school authorities to be inimicable to the best interests of
state courts. the students in such school.
In so doing the supreme court refused to follow the law as In so holding the court construed the due process clause
established by former decisions of that court, which were fol- of the constitution to give to the federal courts the power to
lowed and adhered to for many years. examine into minute details of all administrative state action
and to apply arbitrarily to such state action the personal con-
(4) By a decision rendered April 2, 1956, in Commonwealth cepts of the justices of the supreme court rather than fixed
of Pennsylvania vs. Steve Nelson ........U.S........., 100 L. Ed. (ad- principles of constitutional law; and
vance) p. 415, the supreme court of the United States has de-
clared that, so long as the present federal law providing pun- WHEREAS, these, and other decisions of the supreme court
ishment for sedition exists, the sovereign state of Pennsylvania of the United States, can lead the student of law, of govern-
and those forty-one of her sister states who have enacted laws ment, or of history to but one unavoidable conclusion:
against sedition, are without power to enforce their statutes
enacted for the purpose of preserving the lives and safety of As presently constituted, the supreme court of the United
their citizens from those who would by force and violence over- States has embraced the philosophy that the constitution of
throw the government of the United States, the states them- the United States is not a declaration of fixed or definite
selves, or any of their political subdivisions. principles, unchanging in their meaning, although varying in
their application to different factual situations. On the con-
This decision was rendered in the case of an acknowledged trary, recent decisions are obviously the result of a theory
member of the communist party who had been duly convicted that changing conditions and variations in social and economic
in the constitutional trial courts of Pennsylvania of violating practices justify the court in changing, by judicial fiat, the
the sedition laws of that commonwealth, meaning of the constitution in order that it may serve what












26 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 25, 1956

the members of the court deem to be the best interests of the to join us in this declaration, and to do everything within the
people. scope of their personal and official authority to initiate and
effect an amendment to article X of the constitution of the
Unless the application of this concept of the powers of the United States defining the powers reserved to the respective
supreme court of the United States in regard to the rights sovereign states, enumerating and defining the powers so
of the people, the powers of the different departments of gov- reserved to include, among others, the power to regulate the
ernment, and the separate and distinct powers of the states fields of activity mentioned in this report.
and of the federal government be stopped, the inevitable re-
sult will be to end the American system of constitutional gov- Section 5. That copies of this resolution be sent to the
ernment, and to substitute therefore government by a judicial chief executive officers of each state in the union, the mem-
oligarchy under which the states, and the executive and legis- bers of congress of the United States, the attorney general
lative departments of the federal government may exercise of each sister state, the American Bar Association and to any
only such powers as the federal judiciary deems fit to permit other persons designated by the members of the legislature.
them to exercise; and NOW, THEREFORE,
-was read the first time in full and ordered placed on the
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES Calendar without reference.
OF THE STATE OF FLORIDA, THE SENATE CONCUR-
RING: Mr. Crews requested unanimous consent to now take up
and consider House Concurrent Resolution No. 31-XX out of
Section 1. That we the PEOPLE OF THE STATE OF its regular order.
FLORIDA, speaking by and through our duly elected repre-
sentatives in the senate and the house of representatives of There was objection.
the State of Florida, do hereby solemnly declare:
By Messrs. Surles of Polk, Allen of Bay, Bartholomew of
(1) That the supreme court of the United States of America Sarasota, Beasley of Walton, Beck of Putnam, Belser of Holmes,
as presently constituted knowingly, wilfully, and over the Bodiford of Bay, Chaires of Dixie, Conner of Bradford, Costin
most respectful protest of litigants before the court, includ- of Gulf, Cross of Alachua, Duncan of Lake, Gleaton of Citrus,
ing many of the sovereign states of the union, has determined Griffin of Polk, Griffin of Osceola, Hathaway of Charlotte,
to, and has entered upon a policy of substituting the personal Jernigan of Escambia, Johnson of Pinellas, Jones of Collier,
and individual ideas of the members of the court as to what Lancaster of Gilchrist, Livingston of Highlands, Marshburn
the constitution of the United States should be for the letter of Levy, Merritt of Sumter, Mitchell of Washington, Petersen
of the constitution as it was written by our forefathers, the of Pinellas, Pittman of Santa Rosa, Pruitt of Jefferson, Put-
meaning of the constitution as it was understood by those nal of Lafayette, Revelle of Wakulla, Saunders of Clay, Shaf-
who drafted it and voted for its adoption, and the intent of fer of Pinellas, Sheppard of Lee, Tillett of Polk, Usina of St.
the constitution as it has been declared by the highest court Johns, Varn of Hernando, Weinstein of St. Johns, Williams of
of the nation over many years and in many able decisions. Columbia, Williams of Hardee, Williams of Pasco, Youngberg
of Sarasota, Zelmenovitz of Okeechobee, Jones of Taylor and
(2) That the personal, social, economic and political ideas Mrs. Patton of Franklin-
of the members of the supreme court of the United States do
no constitute the proper criterion for the admeasurement H. B. No. 32-XX-A bill to be entitled An Act to amend
of states rights or the powers of the several departments of Section 139 of Chapter 29965, Laws of Florida, Acts of 1955,
the federal government or the rights of individual citizens. the Florida Highway Code of 1955, the same being Section
339.08, Florida Statutes, by the addition of Paragraph (e)
(3) That acts of the federal judiciary in wilfully asserting to Subsection (2) to provide for the maintenance of certain
a meaning of the constitution unsupported by the written roads by the State Road Department and the payment of the
document, the history of the times in which it was adopted, costs thereof from the first gas tax (40), and making this
the construction placed upon it by contemporary courts and Act effective immediately.
the meaning ascribed to it by the people for generations con-
stitutes usurpation of power which, if condoned by the people The Speaker ruled that the introduction and consideration
and allowed to continue, will destroy the American system of of House Bill No. 32-XX would constitute Legislative business
government, other than that for which the Legislature was especially
convened.
Section 2. That, if wise and beneficent men may make
changes in the constitution that are beneficial in the light of Mr. Surles moved that this House determine that it shall
changing conditions, others may, with equal propriety make transact the Legislative business of the introduction and con-
changes which will destroy the rights of the people. It was sideration of House Bill No. 32-XX.
to guard against conferring the power upon public officials
to make mistakes that the people reserved unto themselves The motion was agreed to by the required Constitutional
the power to amend the constitution when changing condi- two-thirds vote, and House Bill No. 32-XX was admitted for
tions demand a change in the basic law. introduction and consideration by the House.
That while disobedience to constituted authority is the The bill was read the first time by title and ordered re-
mother of anarchy, it is the history of free men that they feared to the Committee on Public Roads & Highways.
will not supinely permit government to become the master By Mr. Ballinger of Leon-
of the people, and will never yield unrestrained authority to
any group of public officers. H. B. No. 33-XX-A bill to be entitled An Act relating to
institutions of higher learning amending Chapter 239. Florida
Section 3. That it is the duty of every public official Statutes, by adding a section to authorize the State Board of
sworn to support the constitution of the United States, and Control to prepare and administer uniform tests for the de-
of every citizen who would maintain the principles of govern- termination of admission to the several state colleges and uni-
ment under which this nation has grown to its present great- versities; and to provide for the method of appeal therefrom.
ness, regardless of their views as to the abstract justice of the
result of any of the acts of usurpation herein enumerated The Speaker withheld his ruling on the question of whether
to insist, and we do hereby insist and demand that the su- or not the introduction and consideration of House Bill No.
preme court of the United States recede from its arbitrary ?3-XX would constitute Legislative business other than that
assertion of power to change the fundamental law of the land for which the Legislature was especially convened, and re-
to meet the personal views of its members as to the present quested a recommendation of the Committee on Rules &
needs of the people, leaving to the people themselves the Calendar with respect thereto.
responsibility of determining when, and to what extent, their
constitution should be amended. By the Committee on Appropriations-
Section 4. That, and to this end we respectfully and H. B. No. 34-XX-A bill to be entitled An Act making an
earnestly urge the executive officers of the nation, the con- appropriation from the General Revenue Fund for completion
gress of the United States, the governor and the attorney of the Maximum Security Building at the Florida State Prison,
general of each of our sister states, and the bar of America, supplementing and to be used in conjunction with Sub-items
the traditional defender of constitutional government, and a. and b. of Item 19, Subsection (2) of Section 282.01, Florida
all who love and revere the constitution of the United States, Statutes; and providing an effective date.












July 25, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 27

The bill was read the first time by title and ordered placed -and respectfully requests the concurrence of the House
on the Calendar without reference, therein.
Very respectfully,
By the Committee on Appropriations- ROBT. W. DAVIS,
H. B. No. 35-XX-A bill to be entitled An Act making ap- Secretary of the Senate.
propriations from the General Revenue Fund for planning And Senate Bill No. 3-XX, contained in the above message,
of buildings and facilities in the Penal System of the State; was read the first time by title and ordered placed on the
authorizing employment of personnel and payment of salaries Calendar without reference, being a companion measure to
and expenses; and providing an effective date. House Bill No. 11-XX now on the Calendar.
The bill was read the first time by title and ordered placed Tallahassee, Florida
on the Calendar without reference.
July 24, 1956
By Mr. Ballinger of Leon- Hon. Ted David Juy 2, 1
H. B. No. 36-XX-A bill to be entitled An Act relating to Speaker of the House of Representatives.
the State Education System; to amend Section 229.06, Florida Sir-
Statutes, to provide for the enforcement of rules and regula-
tions adopted and prescribed by the State Board of Education. I am directed by the Senate to inform the House of Rep-
resentatives that the Senate has passed-
The Speaker withheld his ruling on the question of whether
or not the introduction and consideration of House Bill No. By Senator Cabot-
36-XX would constitute Legislative business other than that
for which the Legislature was especially convened, and re- S. B. No. 5-XX(56)-A bill to be entitled An Act relating to
quested a recommendation of the Committee on Rules & Cal- Florida State Hospitals; amending Section 394.22, Subsection
endar with respect thereto. (11) relating to commitments; providing effective date.
By Mr. Papy of Monroe- -and respectfully requests the concurrence of the House
therein.
H. B. No. 37-XX-A bill to be entitled An Act authorizing Very respectfully,
any municipal corporation in counties with a population of ROBT. W. DAVIS,
not less than 28,900 and not more than 34,500 inhabitants, ac- Secretary of the Senate.
cording to the last Federal census, to expend a sum not to
exceed $175,000.00 out of funds received under and by virtue And Senate Bill No. 5-XX, contained in the above message,
of Chapter 210, tax on cigarettes, Florida Statutes 1955, or was read the first time by title and ordered placed on the
any reenactment thereof, for the purpose of constructing a Calendar without reference, being a companion measure to
municipal swimming pool or swimming pools; also authorizing House Bill No. 9-XX now on the Calendar.
the expenditure of any other available funds including dona- Tallahassee, Florida,
tions, for such purposes; repealing all laws and parts of laws,
whether general or special, in conflict with this Act to the July 24, 1956
extent of such conflict; and providing when this Act shall
take effect. Hon. Ted David
Speaker of the House of Representatives.
The Speaker ruled that the introduction and consideration
of House Bill No. 37-XX would constitute Legislative business Sir:
other than that for which the Legislature was especially I am directed by the Senate to inform the House of Repre-
convened. sentatives that the Senate has passed-
Mr. Papy moved that this House determine that it shall By Senator Cabot-
transact the Legislative business of the introduction and con-
sideration of House Bill No. 37-XX. S. B. No. 6-XX(56)-A bill to be entitled An Act making an
appropriation from the General Revenue Fund to the South
The motion was agreed to by the required Constitutional Florida Mental Hospital for operations for the fiscal year
two-thirds vote, and House Bill No. 37-XX was admitted for 1956-57, supplementing the appropriation made under Item
introduction and consideration by the House. 23, Subsection (1) of Section 282.01, Florida Statutes, and
providing an effective date.
The bill was read the first time by title and ordered placed providing an effective date.
on the Calendar of General Bills of Local Application. -and respectfully requests the concurrence of the House
therein.
CONSIDERATION OF MESSAGES FROM THE SENATE ere. Very respectfully,
The following messages from the Senate were received and ROBT. W. DAVIS,
read: Secretary of the Senate.
Tallahassee, Florida, And Senate Bill No. 6-XX, contained in the above message,
July 24, 1956 was read the first time by title and ordered placed on the
Hon. Ted David Calendar without reference, being a companion measure to
Speaker of the House of Representatives. House Bill No. 7-XX now on the Calendar.
Sir: Tallahassee, Florida,
I am directed by the.Senate to inform the House of Repre- July 24, 1956
sentatives that the Senate has passed-
By Senators Barber, Carraway, Pearce, Baker, Black, Clarke, Hon. Ted David
Stratton, Douglas, Cabot, Connor, Tapper, Bishop, Shands, Speaker of the House of Representatives.
Dickinson, Neblett, Getzen, Pope, Beall, Gautier (28th),
Hodges, Melvin, Morgan, Bronson, Floyd, Fraser, Edwards, Sir:
Gautier (13th), Johns, Carlton, Rodgers, Kickliter, Johnson I am directed by the Senate to inform the House of Repre-
and Davis- sentatives that the Senate has passed-
S. B. No. 3-XX(56)-A bill to be entitled An Act making
an appropriation from the General Revenue Fund for the pur- By Senator Barber-
pose of supplying immediate funds for the present emergency
caused by the Mediterranean Fruit Fly infestation and for S. B. No. 7-XX(56)-A bill to be entitled An Act making an
repaying of funds advanced in this emergency; providing for appropriation from the General Revenue Fund to the Depart-
supervision and control by the State Budget Commission; ment of Public Safety for operations, to supplement the appro-
providing certain restrictions on use; and providing an effec- priation made under Item 46, Subsection (1) of Section 282.01,
tive date. Florida Statutes; and providing an effective date.













28 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 25, 1956

-and respectfully requests the concurrence of the House and to be used in conjunction with the appropriation made
therein. in Section 1, Chapter 29666, Acts of 1955; authorizing realloca-
Very respectfully, tion of funds in the 1955 appropriation; and providing an
ROBT. W. DAVIS, effective date.
Secretary of the Senate.
-and respectfully requests the concurrence of the House
And Senate Bill No. 7-XX contained in the above message, therein.
was read the first time by title and referred to the Committee Very respectfully,
on Public Safety. ROBT. W. DAVIS,
Tallahassee, Florida Secretary of the Senate.
And Senate Bill No. 16-XX, contained in the above message,
July 24, 1956 was read the first time by title and ordered placed on the
Hon. Ted David Calendar without reference, being a companion measure to
Speaker of the House of Representative6. House Bill No. 3-XX now on the Calendar.
Sir- Tallahassee, Florida
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed- Hon. Ted David1956
By Senator Barber- Speaker of the House of Representatives.
S. B. No. 8-XX (56)-A bill to be entitled An Act relating Sir-
to the compensation of employees and officers of the Florida I am directed by the Senate to inform the House of Rep-
Highway Patrol; amending Subsection (1) of Section 321.07, resentatives that the Senate has admitted for introduction Rep-
Florida Statutes, as amended by Section 1, Chapter 29962, by two-thirds vot e Senate has admitted for introduction
Acts 1955; and providing an effective date. by o-thds vote and passed-
-and respectfully requests the concurrence of the House By Senator Melvin-
therein. S. B. No. 19-XX-A bill to be entitled An Act amending
Very respectfully, Section 135.01, Florida Statutes, relating to erection or repair
ROBT. W. DAVIS, of Court Houses, Jails and other County Buildings; providing
Secretary of the Senate. an increase in the limiting tax period; providing effective date.
And Senate Bill No. 8-XX contained in the above message, -and respectfully requests the concurrence of the House
was read the first time by title and referred to the Committee therein.
on Public Safety.
onTallahassee, Florida Very respectfully,
Tallahassee, Florida ROBT. W. DAVIS,
July 24, 1956 Secretary of the Senate.
ke of House of Representatives. The Speaker ruled that the introduction and consideration
of Senate Bill No. 19-XX, contained in the above message,
Sir- would constitute Legislative business other than that for
which the Legislature was especially convened.
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed-- Mr. Surles moved that this House determine that it shall
transact the Legislative business of the introduction and
By Senators Barber and Carraway- consideration of Senate Bill No. 19-XX.
S. B. No. 14-XX (56)-A bill to be entitled An Act making The motion was agreed to by the required Constitutional
an appropriation from the General Revenue Fund for the two-thirds vote, and Senate Bill No. 19-XX was admitted for
general headquarters building of the Department of Public introduction and consideration by the House.
Safety; removing certain restrictions in the 1955 Appropria-
tions Act relating to second priority as they apply to this The bill was read the first time by title and ordered re-
project; and providing an effective date. ferred to the Committee on Judiciary-Civil.
-and respectfully requests the concurrence of the House Tallahassee, Florida,
therein.
Very respectfully, T D July 24, 1956
ROBT. W. DAVIS, Hon. Ted David
Secretary of the Senate. Speaker of the House of Representatives.
And Senate Bill No. 14-XX contained in the above message, Sir:
was read the first time by title and referred to the Committee I am directed by the Senate to inform the House of Repre-
on Public Safety. I am directed by the Senate to inform the House of Repre-
on Public Safety. sentatives that the Senate has admitted for introduction by
Mr .Moody moved that the rules be waived and Senate Eiihs two-thirds vote and passed-
Nos. 7-XX, 8-XX and 14-XX not be referred to the Committee aor Ro
on Appropriations, as the House companion bills had been By Senator Rod-
acted upon favorably by that committee. S. B. No. 27-XX-A bill to be entitled An Act providing for
The motion was agreed to by a two-thirds vote, and it was the issuance of hospital bonds of Sarasota County, Florida;
so ordered providing for the disposition of the proceeds of such bonds;
Tallahassee, Florida providing for the levy annually of a special tax on all taxable
property in said county to pay the principal of and interest on,
July 24, 1956 said bonds; providing for a referendum election by freeholders
Hon. Ted David who are qualified electors of Sarasota County, Florida, to
Speaker of the House of Representatives. pass on this Act and to pass on the issuance of said bonds.
Sir- -and respectfully requests the concurrence of the House
therein.
I am directed by the Senate to inform the House of Rep- Very respectfully,
resentatives that the Senate has passed- ROBT. W. DAVIS,
Secretary of the Senate.
By Senators Shands, Edwards, Stratton and Carraway- Secretary of the Senate.
The Speaker ruled that the introduction and consideration
S. B. No. 16-XX(56)-A bill to be entitled An Act making of Senate Bill No. 27-XX, contained in the above message,
an appropriation from the General Revenue Fund for the would constitute Legislative business other than that for
Teaching Hospital at the University of Florida to supplement which the Legislature was especially convened.












July 25, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 29

Mr. Youngberg moved that this House determine that it Senate Bill No. 5-XX, as amended, be read a third time in
shall transact the Legislative business of the introduction and full and placed upon its passage.
consideration of Senate Bill No. 27-XX.
The motion was agreed to by a two-thirds vote and Senate
The motion was agreed to by the required Constitutional Bill No. 5-XX, as amended, was read a third time in full.
two-thirds Vote, and Senate Bill No. 27-XX was admitted for
introduction and consideration by the House. When the vote was taken on the passage of the bill the re-
sult was:
The bill was read the first time by title and ordered placed
on the Calendar of Local Bills. Yeas:
Tallahassee, Florida, Mr. Speaker Costin Land Rowell
July 24, 1956 Alexander Crews Livingston Saunders
Hon. Ted David Allen Cross Mahon Shaffer
Speaker of the House of Representatives. Arrington Dukes Maness Sheppard
Ballinger Duncan Marshburn Shipp
Sir- Bartholomew Frederick Merritt Smith, S. C.
Beasley Gibbons Mitchell Surles
I am directed by the Senate to inform the House of Repre- Bea Gleatons Moody Sweeny
Beck Gleaton Moody Sweeny
sentatives that the Senate has passed- Belser Griffin,B.H.Jr. Musselman Tillett
By Commie on A- Blank Griffin, J. J. Okell Turlington
By Committee on Appropriations- Bodiford Grimes )rr Usina
Committee Substitute for S. B. No. 4-XX(56) -A bill to be Boyd Hathaway Page Varn
entitled An Act making an appropriation from the general Brewer Herrell Papy Weinstein
revenue fund for planning the construction of a new Farm Bryant Home Patton Westberry
Colony for the epileptic and feeble-minded; authorizing the Burton Inman Peeples Williams, B.D.
Board of Commissioners of State Institutions to select and ac- Chaires Jernigan Petersen Williams,G.W.
quire a site in Lee County, Florida; authorizing the acquisi- Chappell Johnson,C.R.Jr.Pittman Williams,J.R.A.
tion and conveyance of lands by Lee County for such pur- Cleveland Johnson, Tom Pratt Youngberg
poses; and providing an effective date. Cobb Jones, O. W. Pruitt Zelmenovitz
Coleman King Putnal
-and respectfully requests the concurrence of the House Conner Knight Revelle
therein. Cook Lancaster Roberts, E. S.
Very respectfully, Yeas-85.
ROBT. W. DAVIS,
Secretary of the Senate. Nays-None.
And Committee Substitute for Senate Bill No. 4-XX con- So the bill passed, as amended, and was ordered engrossed.
stained in the above message, was read the first time by title
and referred to the Committee on Appropriations. Under Rule 46, House Bill No. 9-XX was laid on the table.

CONSIDERATION OF HOUSE GENERAL BILLS AND H. B. No. 3-XX-A bill to be entitled An Act making an
JOINT RESOLUTIONS FOR SECOND READING appropriation from the General Revenue Fund for the Teach-
ing Hospital at the University of Florida to supplement and
H. B. No. 9XX-A bill to be entitled An Act relating to to be used in conjunction with the appropriation made in
Florida State Hospitals; amending Section 394.22, Subsection Section 1, Chapter 29666, Acts of 1955; authorizing realloca-
(11) relating to Commitments; providing effective date. tion of funds in the 1955 appropriation; and providing an
effective date.
-was taken up.
Mr. Land moved that the House now take up and consider -was taken up.
Senate Bill No. 5-XX, a companion measure to House Bill No.
9-XX, now on the Calendar. Mr. Cross moved that the House now take up and consider
Senate Bill No. 16-XX, a companion measure to House Bill
The motion was agreed to, and- No. 3-XX, now on the Calendar.

S. B. No. 5-XX(56)-A bill to be entitled An Act relating to The motion was agreed to, and-
Florida State Hospitals; amending Section 394.22, Subsection
(11) relating to commitments; providing effective date. S. B. No. 16-XX(56)-A bill to be entitled An Act making
an appropriation from the General Revenue Fund for the
-was taken up. Teaching Hospital at the University of Florida to supplement
Mr. Land moved that Senate Bill No. 5-XX be substituted and to be used in conjunction with the appropriation made
for and considered in lieu of House Bill No. 9-XX. in Section 1, Chapter 29666, Acts of 1955; authorizing realloca-
tion of funds in the 1955 appropriation; and providing an
The motion was agreed to and Senate Bill No. 5-XX was effective date.
substituted for House Bill No. 9-XX.
-was taken up.
Mr. Land moved that the rules be waived and Senate Bill
No. 5-XX be read a second time by title. Mr. Cross moved that Senate Bill No. 16-XX be substituted
The motion was agreed to by a two-thirds vote and Senate for and considered in lieu of House Bill No. 3-XX.
Bill No. 5-XX was read a second time by title. The motion was agreed to and Senate Bill No. 16-XX was
Mr. Beasley of Walton offered the following amendment to substituted for House Bill No. 3-XX.
Senate Bill No. 5-XX:
Mr. Cross moved that the rules be waived and Senate Bill
At the end of Section 1 insert the following: "It is the No. 16-XX be read a second time by title.
intention of the legislature that patients shall be admitted
to or confined in the State hospital nearest such patient's The motion was agreed to by a two-thirds vote and Senate
residence unless it is necessary to the best interest of any Bill No. 16-XX was read a second time by title.
patient to admit him or her to another hospital."
Mr. Cross moved that the rules be further waived and
Mr. Beasley moved the adoption of the amendment. Senate Bill No. 16-XX be read a third time in full and placed
upon its passage.
The motion was agreed to and the amendment was adopted.
The motion was agreed to by a two-thirds vote and Senate
Mr. Land moved that the rules be further waived and Bill No. 16-XX was read a third time in full.













30 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 25, 1956

When the vote was taken on the passage of the bill the Yeas:
result was:
Mr. Speaker Costin Lancaster Roberts, E. S.
Yeas: Alexander Crews Land Rowell
Allen Cross Livingston Saunders
Mr. Speaker Crews Lancaster Revelle Arrington Dukes Mahon Shaffer
Alexander Cross Land Roberts, E. S. Ballinger Duncan Maness Sheppard
Allen Dukes Livingston E.owell Bartholomew Frederick Marshburn Shipp
Arrington Duncan Mahon Saunders Beasley Gibbons Merritt Smith, S. C.
Ballinger Frederick Maness Shaffer Beck Gleaton Mitchell Smith,S.N.,Jr.
Beasley Gibbons Marshburn Sheppard Belser Griffin,B.H.Jr. Moody Surles
Beck Gleaton Merritt Shipp Blank Griffin, J. J. Musselman Sweeny
Belser Griffin,B.H.Jr. Mitchell Smith, S. C. Bodiford Grimes Okell Tillett
Blank Griffin, J. J. Moody Surles Boyd Hathaway Orr Turlington
Bodiford Grimes Musselman Sweeny Brewer Herrell Page Usina
Boyd Hathaway Okell Tillett Bryant Hopkins Papy Varn
Brewer Herrell Orr Turlington Burton Home Patton Weinstein
Burton Hopkins Page Usina Chaires Inman Peeples Westberry
Chaires Horne Papy Weinstein Chappell Jernigan Petersen Williams,G.W.
Chappell Inman Patton Westberry Cleveland Johnson,C.R.Jr. Pittman Williams,J.R.A.
Cleveland Jernigan Peeples Williams, B.D. Cobb Johnson, Tom Pratt Youngberg
Cobb Johnson,C.R.Jr. Petersen Williams,G.W. Coleman Jones, O. W. Pruitt Zeimenovitz
Coleman Johnson, Tom Pittman Williams,J.R.A. Conner King Putnal
Conner Jones, O. W. Pratt Youngberg Cook Cnight Revelle
Cook King Pruitt Zelmenovitz
Costin Knight Putnal Yeas-86.

Yeas-83. Nays-None.
So the bill passed, title as stated, and was ordered certified
Nays-None. to the Senate.

So the bill passed, title as stated, and was ordered certified Under Rule 46, House Bill No. 11-XX was laid on the table.
to the Senate.
Mr. Moody moved that Committee Substitute for Senate
Under Rule 46, House Bill No. 3-XX was laid on the table. Bill No. 4-XX, which was referred to the Committee on Ap-
propriations, be withdrawn from that commit*'e and placed
H. B. No. 11-XX-A bill to be entitled An Act making an on the Calendar.
appropriation from the General Revenue Fund for the pur- Th motion was agreed to by a two-thiris vote and it was
pose of supplying immediate funds for the present emergency vote and it was
caused by the Mediterranean Fruit Fly infestation and for IN OF Go o .
repaying of funds advanced in this emergency; providing for INTRODUCTION OF GUESTS
supervision and control by the State Budget Commission; Mr. Bryant introduced the Honorable V. L. Milbrath, Ocala.
providing certain restrictions on use; and providing an effec- County Attorney of Marion County.
tive date.
Mr. Beasley introduced his daughter and son-in-law, Mr.
-was taken up. and Mrs. R. T. Wiess of DeFuniak Springs.
Mr. Williams of Hardee moved that the House now take up Mr. Hopkins introduced the Honorable Ernie Magaha, Clerk-
and consider Senate Bill No. 3-XX, a companion measure to elect of Escambia County Court of Record.
House Bill No. 11-XX, now on the Calendar. Mr. Cleveland introduced the Honorable O. E. Fourakre,
The motion was agreed to, and- Longwood, County Commissioner of Seminole County.
Mr. Allen introduced Mrs. Allen and Mrs. Maggie Appling
S. B. No. 3-XX (56)-A bill to be entitled An Act making of Birmingham, Alabama.
an appropriation from the General Revenue Fund for the pur-
pose of supplying immediate funds for the present emergency Mr. King introduced Mr. Austin Lloyd of Ft. Pierce.
caused by the Mediterranean Fruit Fly infestation and for
repaying of funds advanced in this emergency; providing for Mr. Okell moved that a committee of three be appointed
supervision and control by the State Budget Commission; to escort Mr. Amos Davis, Sergeant-at-Arms, to the rostrum.
providing certain restrictions on use; and providing an effec- The motion was agreed to.
tive date. The motion was agreed to.
Thereupon, the Speaker appointed Messrs. Bryant, Ballinger
-was taken up. and Papy as the committee which escorted Mr. Davis to the
rostrum where he was presented with a birthday cake.
Mr. Williams of Hardee moved that Senate Bill No. 3-XX be rostrum where he was presented with a birthday cake.
substituted for and considered in lieu of House Bill No. 11-XX. REPORTS OF STANDING COMMITTEES

The motion was agreed to and Senate Bill No. 3-XX was sub- July 25, 1956
stituted for House Bill No. 11XX. Mr. Moody of Hillsborough, Chairman of the Committee on
Mr. Williams of Hardee moved that the rules be waived and Appropriations, reports that the Committee has carefully con-
Senate Bill No. 3-XX be read a second time by title. sidered the following bill and recommends that it pass:
H. B. No. 12-XX-A Bill to be entitled an Act making an
The motion was agreed to by a two-thirds vote and Senate appropriation from the General Revenue Fund to the Depart-
Bill No. 3-XX was read a second time by title. ment of Public Safety for operations, to supplement the appro-
priation made under Item 46, Subsection (1) of Section 282.01,
Mr. Williams of Hardee moved that the rules be further Florida Statutes; and providing an effective date.
waived and Senate Bill No. 3-XX be read a third time in full
and placed upon its passage. And House Bill No. 12-XX, contained in the above report, was
then referred to the Committee on Public Safety.
The motion was agreed to by a two-thirds vote and Senate July 25, 1956
Bill No. 3-XX was read a third time in full.
Mr. Moody of Hillsborough, Chairman of the Committee on
When the vote was taken on the passage of the bill the result Appropriations, reports that the Committee has carefully con-
was: sidered the following bill and recommends that it pass:












July 25, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 31

H. B. No. 13-XX-A Bill to be entitled an Act making an needed without regard to any previous contractural relation-
appropriation from the General Revenue Fund for the gen- ship; providing that the decision of said Board shall be final
eral headquarters building of the Department of Public Safety; and providing an effective date.
removing certain restrictions in the 1955 Appropriations Act
relating to second priority as they apply to this project; and And Senate Bill No. 12-XX, contained in the above report,
providing an effective date. together with Committee amendments thereto, was placed on
the Calendar of Bills for Second Reading.
And House Bill No. 13-XX, contained in the above report,
was placed on the Calendar of Bills for Second Reading. July 24, 1956
July 25, 1956 Mr. Mahon of Duval, Chairman of the Committee on Internal
Affairs & Education-Special, reports that the Committee has
Mr. Moody of Hillsborough, Chairman of the Committee on carefully considered the following bill and recommends that it
Appropriations, reports that the Committee has carefully con- pass as amended:
sidered the following bill and recommends that it pass:
S. B. No. 10-XX-A bill to be entitled An Act to confer
H. B. No. 14-XX-A Bill to be entitled an Act relating to additional emergency powers upon the Governor of Florida;
the compensation of employees and officers of the Florida to authorize and empower the Governor to promulgate and
Highway Patrol; amending Subsection (1) of Section 321.07, enforce rules and regulations to protect the public against
Florida Statutes, as amended by Section 1, Chapter 29962, Acts violence, property damage and overt threat of violence; to
1955; and providing an effective date. authorize the state military forces and law enforcement agen-
cies of state or county to enforce rules and regulations; to
And House Bill No. 14-XX, contained in the above report, was provide for posting rules and regulations and filing with the
then referred to the Committee on Public Safety. Secretary of State; providing an effective date.
July 24, 1956 Which amendments read as follows:
Mr. Mahon of Duval, Chairman of the Committee on Internal Amendment No. 1. Strike out all of Section 4 and insert in
Affairs & Education-Special, reports that the Committee has lieu thereof the following:on 4 and sert in
carefully considered the following bill and recommends that itowg
pass as amended: Section 4. The powers herein granted are supplemental to
S. B. No. 12-XX-A bill to be entitled An Act relating to and in aid of powers now vested in the Governor of the State
S. B. No. 12-XX--A bill to be entitled An Act relating to of Florida under the Constitution, statutory laws and police
Public School Personnel; amending Subsection (2) of Section Floda under the Constitution, statutory laws and police
231.36, Florida Statutes, as enacted by Section 1, Chapter powers of said State.
29890, Acts of 1955, by authorizing the County Board of Public Amendment No. 2. Strike out all of section 6, and insert in
Instruction to choose school personnel from all available per- lieu thereof the following:
sonnel when required to consolidate school programs; and
providing an effective date. Section 6. This Act shall take effect immediately upon its
-becoming a law and shall continue in full force and effect
-which amendments read as follows: until July 1, 1961.
Amendment No. 1. Amendment No. 3. Strike out the title and insert in lieu
Strike out Sections 1 and 2 and insert in lieu thereof the thereof the following:
following: A bill to be entitled An Act to confer additional emergency
Section 1. Subsection (2) of Section 231.36, Florida Statutes, powers upon the Governor of Florida; to authorize and em-
being Section 1 of Chapter 29890, Acts 1955, is amended to power the Governor to promulgate and enforce rules and
read: regulations to protect the public against violence, property
damage and overt threat of violence; to authorize the state
231.36 Contracts with instructional staff and with profes- military forces and law enforcement agencies of state or coun-
sional administrative assistants.- ty to enforce rules and regulations; to provide for posting
rules and regulations and filing with the Secretary of State;
(2) Should the county board of public instruction have to providing an effective date; and providing an expiration date.
choose from among its personnel who are on continuing con-
tracts as to which should be retained, among the criteria to And Senate Bill No. 10-XX, contained in the above report,
be considered shall be educational qualifications, efficiency, together with Committee amendments thereto, was placed on
compatibility, character, and capacity to meet the educational the Calendar of Bills for Second Reading.
needs of the community. Whenever a county board is required
to or does consolidate its school program at any given school July 24, 1956
center by bringing together pupils theretofore assigned to Mr. Mahon of Duval, Chairman of the Committee on Inter-
separated schools, the county board may determine on the basis nal Affairs & Education-Special, reports that the Committee
of the foregoing criteria from its own personnel, and any other has carefully considered the following bill and recommends
certificated teachers, which teachers shall be employed for that it pass as amended:
service at this school center, and any teacher no longer needed
may be dismissed. The decision of the board shall not be con- S. B. No. 13-XX-A Bill to be entitled an Act to confer addi-
trolled by any previous contractural relationship. In the eval- tional powers upon the Governor of the State of Florida; to
uation of these factors the decision of the county board of authorize and empower the Governor of the State of Florida
public instruction shall be final, to protect the public against violence, property damage and
overt threats of violence; to issue his proclamation and order;
Section 2. It is declared to be the legislative intent that if to authorize and direct the state militia, the sheriffs, or any
any section, subsection, sentence, clause, or provision of this state or county official of the State of Florida to prevent and
act is held invalid, the remainder of the act shall not be quell tumults, riots or unlawful assemblies and to provide for
affected, the enforcement of the Governor's proclamation relating to
the same by all the courts of the State of Florida.
Section 3. This act shall become effective immediately upon
becoming a law. -which amendments read as follows:
Amendment No. 2. Amendment No. 1. In section 2 following the words "hereby
Strike out all of title to bill and insert in lieu thereof the further authorized and empowered," strike out the re-
following: mainder of said section and insert in lieu thereof the following:
An Act relating to public School Personnel, amending Sub- "to cope with said threats and danger, to order and direct
section (2) of Section 231.36, Florida Statutes, as enacted by any individual person, corporation, association or group of
Section 1, Chapter 29890, Acts of 1955, authorizing the County persons to do any act which would in his opinion prevent dan-
Board of Public Instruction to choose school personnel from ger to life, limb or property, prevent a breach of the peace or
all available personnel and certificated teachers when said he may order such individual person, corporation, association
Board is required to or does consolidate its school program at or group of persons to refrain from doing any act or thing
any school center and to dismiss any teacher or teachers not which would, in his opinion, endanger life, limb, or property,













32 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 25, 1956

or cause, or tend to cause, a breach of the peace, or endanger appropriation from the General Revenue Fund to the De-
the peace and good order of society, and shall have full power apartment of Public Safety for operations, to supplement the
by appropriate means to enforce such order or proclamation." appropriation made under Item 46, Subsection (1) of Section
Amendment No. 2. Strike out all of Section 5 and insert 282.01, Florida Statutes; and providing an effective date.
in lieu thereof the following: And Senate Bill No. 7-XX, contained in the above report,
Section 5. The powers herein granted are supplemental to was placed on the Calendar of Bills for Second Reading.
and in aid of powers now vested in the Governor of the State July 25, 1956.
of Florida under the Constitution, statutory laws and police
powers of said State. Mr. Johnson of Hillsborough, Chairman of the Committee
on Public Safety, reports that the Committee has carefully
Amendment No. 3. Strike out all of section 6 and insert considered the following bill and recommends that it pass:
in lieu thereof the following:
S. B. No. 8-XX-A bill to be entitled An Act relating to the
Section 6. This Act shall take effect immediately upon its compensation of employees and officers of the Florida High-
becoming a law and shall continue in full force and effect way Patrol; amending Subsection (1) of Section 321.07, Flor-
until July 1, 1961. ida Statutes, as amended by Section 1, Chapter 29962, Acts
Amendment No. 4. Strike out the title and insert in lieu 1955; and providing an effective date.
thereof the following: And Senate Bill No. 8-XX, contained in the above report,
AN ACT in aid of existing powers and to confer additional was placed on the Calendar of Bills for Second Reading.
powers upon the Governor of the State of Florida; to author- July 25, 1956
ize and empower the Governor of the State of Florida to pro-
tect the public against violence, property damage and overt Your Committee on Engrossing & Enrolling to which was
threats of violence; to issue his proclamation and order; to referred-
order and direct any person, corporation, association, or group
of persons, to prevent or refrain from causing damage to life, Senate Bill No. 5-XX
limb or property, or a breach of the peace; to authorize and
direct the State Militia, the sheriffs, or the State Highway With amendment, begs leave to report the same has been
Patrol, or any state or county official of the State of Florida carefully examined and correctly engrossed and is herewith re-
to maintain peace and good order, to provide for the enforce- turned.
ment of the Governor's proclamation relating to the same Very respectfully,
by all the courts of the State of Florida, providing for the W. M. INMAN
time limit within which this act shall be effective. Chairman,
Committee on Engrossing & Enrolling.
And Senate Bill No. 13-XX contained in the above report,
together with Committee amendments thereto, was placed And Senate Bill No. 5-XX, with amendment, was ordered
on the Calendar of Bills for Second Reading. certified to the Senate.
July 25, 1956. Mr. Okell moved that the House do now adjourn until 10:00
A.M. tomorrow.
Mr. Johnson of Hillsborough, Chairman of the Committee
on Public Safety, reports that the Committee has carefully The motion was agreed to.
considered the following bill and recommends that it pass:
Thereupon, at the hour of 12:20 P.M., the House stood ad-
S. B. No. 7-XX-A bill to be entitled An Act making an journed until 10:00 A.M. tomorrow.















JOURNAL OF THE HOUSE OF REPRESENTATIVES


EXTRAORDINARY SESSION


Thursday, July 26, 1956


The House was called to order by the Speaker at 10:00 A.M. The motion was agreed to by a two-thirds vote and it was
so ordered.
The roll was taken and the following Members were re-
corded present: Mr. Surles moved that the rules be waived and the House
proceed to the order of Reports of Standing Committees.
Mr. Speaker Cook King Roberts, H. W.
Alexander Costin Knight Rowell The motion was agreed to by a two-thirds vote and it was
Andrews Crews Lancaster Saunders so ordered.
Arrington Cross Land Shaffer
Ballinger Dukes Livingston Sheppard REPORTS OF STANDING COMMITTEES
Bartholomew Duncan Mahon Shipp The following report from the Committee on Rules & Cal-
Beasley Frederick Maness Smith, S.C. endar was received and read:
Beck Gibbons Marshburn Smith,S.N.,Jr. July 25, 1956
Belser Gleaton McAlpin Stewart, E. L. The Honorable Thomas E. David
Blank Griffin,B.H.Jr. Merritt Surles Speaker of the House of Representatives
Bodiford Griffin, J. J. Mitchell Sweeny
Boyd Grimes Moody Tillett Dear Sir:
Brewer Hathaway Musselman Turlington
Bryant Herrell Orr Usina The Committee on Rules & Calendar met and a quorum
Burton Hopkins Page Varn was present.
Carmine Horne Patton Weinstein Upon a motion duly and regularly made the committee
Chaires Inman Peeples Westberry recommended to the Speaker that H. B. 24-XX was within
Chappell Jernigan Petersen Williams, B.D. the purview of the Governor's call. The vote on said motion
Cleveland Johnson,C.R.Jr.Pittman Williams,G.W. was as follows:
Cobb Johnson, Tom Pruitt Williams,J.R.A.
Coleman Jones, D.C.Jr. Revelle Youngberg Ayes Okell, Surles, Ballinger, Beasley, Bryant, Burton,
Conner Jones, O. W. Roberts, E. S. Zelmenovitz Cleveland, Cobb, Conner, Cook, Cross, Johnson, Knight, Pruitt,
Sweeny, Usina, Frederick.
Excused: Messrs. Pratt and Jones of Madison.
Nays-Boyd, Land, Mahon, Moody, Musselman, Papy, Smith,
A quorum present. Blank, Griffin.
The following prayer was offered by the Reverend Oliver Upon a motion duly and regularly made the committee
Carmichael, Chaplain: recommended to the Speaker that H. B. 25-XX was within
the purview of the Governor's call. The vote on said motion
O Lord our God, Who art always more ready to bestow was as follows:
Thy good gifts upon us than we are to seek them, and art
willing to give more than we desire or deserve; help us so Ayes Okell, Surles, Ballinger, Beasley, Bryant, Burton,
to seek that we may truly find, so to ask that we may joy- Cleveland, Cobb, Conner, Cook, Cross, Johnson, Knight, Pruitt,
fully receive; so to knock that the doors of Thy mercy may Usina, Frederick, Griffin.
be opened to us.
Nays-Boyd, Land, Mahon, Musselman, Papy, Smith, Sweeny,
Grant to us, O Lord, to know that which is worth knowing, Blank.
to love that which is worth loving, to praise that which can
bear with praise, to hate what in Thy sight is unworthy, to Upon a motion duly and regularly made the committee
prize what to Thee is precious, and above all to search out and recommended to the Speaker that H. B. 26-XX was within
to do what is well-pleasing unto Thee; through Jesus Christ the purview of the Governor's call. The vote on said motion
our Lord. Amen. was as follows:
CORRECTION OF THE JOURNAL Ayes Okell, Surles, Ballinger, Beasley, Bryant, Burton,
Cleveland, Cobb, Cook, Cross, Johnson, Knight, Pruitt, Sweeny,
The Journal for Wednesday, July 25, was ordered corrected Usina, Frederick, Griffin.
as follows:
Nays-Boyd, Land, Mahon, Musselman, Papy, Smith, Blank.
On page 23, column 1, line 32, counting from the top of
the page, strike out the word "placed," and strike out all of Upon a motion duly and regularly made that H. B. 16-XX
line 33. was within the purview of the Governor's call, said motion
failed. The vote on said motion was as follows:
On page 31, column 1, line 7, counting from the top of the
page, strike out the word "Senate" and insert in lieu thereof Ayes-Ballinger, Burton, Conner, Griffin.
the word "House." Nays-Okell, Surles, Beasley, Boyd, Bryant, Cleveland, Cobb,
On page 32, column 1, line 8, counting from the bottom of Cook, Cross, Johnson, Knight, Land, Mahon, Musselman, Papy,
the page, strike out the word "House" and insert in lieu Pruitt, Smith, Sweeny, Usina, Frederick, Blank.
thereof the word "Senate." Upon a motion duly and regularly made that H. B. 36-XX
The Journal for Wednesday, July 25, as corrected, was ap- was within the purview of the Governor's call, said motion
proved, failed. The vote on said motion was as follows:
MOTIONS RELATING TO COMMITTEE REFERENCE Ayes-Okell, Ballinger, Boyd, Burton, Knight, Pruitt, Griffin.
Mr. Johnson of Hillsborough moved that Senate Bill No. Nays-Surles, Beasley, Bryant, Cleveland, Cobb, Cross, John-
14-XX, which was referred to the Committee on Public son, Land, Smith, Sweeny, Usina, Frederick, Blank, Musselman.
Safety, be withdrawn from that committee and placed on the
Calendar. Upon a motion duly and regularly made that H. B. 33-XX

33












34 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

was within the purview of the Governor's call, said motion -4-
failed. The vote on said motion was as follows:
A division of the powers of government into three depart-
Ayes-Okell, Ballinger, Boyd, Burton, Knight, Musselman, ments, executive, legislative and judicial is expressed or im-
Pruitt, Griffin. plied in every constitution of the American union, including
the constitution of the United States.
Nays-Surles, Beasley, Bryant, Cleveland, Cobb, Cross, John- the constitution of the United States.
son, Land, Smith, Sweeny, Usina, Frederick, Blank. -5-
Wherefore the committee recommends that the Speaker The constitution of the United States is a grant of powers
rule that House Bills Nos. 24-XX, 25-XX, and 26-XX are with- to the central federal government, and all powers not dele-
in the purview of the Governor's call and that House Bills Nos. gated to the federal government, by the constitution, nor pro-
16-XX, 36-XX and 33-XX are not within the purview of the hibited by it to the states, are reserved to the states, or to the
Governor's call. people.
Respectfully submitted, -6-
GEORGE S. OKELL, Chairman
Committee on Rules & Calendar The judicial powers delegated to the federal government are
vested by the constitution in the federal judiciary and include
Mr. Crews moved that the rules be waived and the House the power to interpret, construe and apply the constitution of
proceed to the order of Consideration of Messages from the the United States.
Senate. -7-
The motion was agreed to by a two-thirds vote and it was The power to interpret, construe and apply the constitution
so ordered. is limited to an ascertainment of the ideas, principles and
thoughts that were in the minds of those who drafted and
CONSIDERATION OF MESSAGES FROM THE SENATE adopted the constitution, including amendments thereto, and
the application of those ideas, principles and thoughts to
particular factual situations from time to time presented to
The following messages from the Senate were received and the courts. The application of constitutional principles may
read: differ with changing conditions, but the principles themselves
Tallahassee, Florida are unchanging and unchangeable except by the people and
July 26, 1956 then only by the method provided in the constitution.
Hon. Ted David
-8-
Speaker of the House of Representatives.
Sir- A judicial construction of the constitution enunciated by
the supreme court of the United States and understood and
I am directed by the Senate in inform the House of Rep- acquiesced in by the executive department, the congress and
resentatives that the Senate has adopted- the people over a long period of time becomes as much a part
of the fundamental law of the land as that which has been
By Senators Johns, Baker, Pearce, Morgan, Bishop, Connor, written in the constitution itself, and is binding equally upon
Tapper, Stratton, Carraway, Melvin,, Douglas, Clarke, Shands, the people, the states of the union, and the supreme court of
Davis, Rodgers, Pope, Carlton, Stenstrom, Rood, Houghton, the United States.
Rawls, Getzen, Bronson, Barber, Cabot, Floyd, Kickliter, Neb- -9-
lett, Gautier (28th), Edwards, Johnson, Gautier (13th), Hodges,
Dickinson, Beal, Fraser and Black- The constitution of the United States may be amended only
in the manner provided in that constitution. In the course of
Senate Concurrent Resolution No. 17-XX(56)--A Concurrent history since the adoption of the constitution the people have
Resolution denouncing the usurpation of power by the Supreme twenty-one times found it expedient to amend the constitution,
Court of the United States and demanding the preservation of and when that unanimity of public opinion which justifies a
our inherent rights. change in the constitution has developed among the people
A in the life of a democratic nation when it be- they have found no difficulty in effecting the changes they
WHEREAS, in the life of a democratic nation when it be- found desirable.
comes necessary for the people to take notice of and enter 10 -
a solemn protest against any usurpation of power by those
who have been entrusted with high public office, and to de- The assumption by any public official, or group of public
mand, as of right, that public officers remain subservient to the officials, of power to change the meaning of the constitution
people and that they desist from assuming powers which have of the United States, other than by the method provided by
not, by the people, been placed in their hands, the opinions article V of the constitution, is an abuse of public trust and a
of their fellow men require that the people set forth in clear tyrannical usurpation of power; and
and unmistakable language the causes which impel them to
such action. WHEREAS, under the constitution of the United States
when evidences of the assumption of tyrannical powers appear
To the end that the declarations now about to be made may in the executive or in the congress the people may, by means
be thoroughly understood, and the motives which impel them of the ballot, protect and preserve their liberties by the repudia-
may be fully appreciated, we first pronounce the following tion of those in office. But when the federal judiciary, which
principles, each of which we hold to be an integral part of is insulated from the heat of political differences by the life
our American System of Government: tenure of its membership, enters upon a course of action
inimicable to the rights of the people, this method of reform
- is unavailable. Under such circumstances those restraints
All political power is inherent in the people and all govern- which characterize men capable of self-government require
ment derives all its powers from the consent of the governed that by orderly and peaceable means the inherent and un-
Salienable rights and powers of the people shall be utitlzed to
-2 restore those rights of which they have unjustly and unlaw-
fully been deprived.
When the people form a government by the adoption of a
written constitution the words of that constitution are but the We call to the attention of all thinking Americans the fol-
instrumentalities by which ideas, principles and plans present lowing unwarranted and unauthorized acts of invasion of the
m the minds of those who adopt the constitution are recorded powers reserved to the states and to the people:
for accuracy and for preservation to posterity.
for accuracy and for preservation to posterity. (1) By decisions rendered May 17, 1954, in Brown vs. Board
-3 of Education of Topeka, Harry Briggs, Jr., et. al., vs. R. W.
Elliott, et al., Dorothy E. Davis, et al., vs. County School
Those who are temporarily invested with power over their Board of Prince Edward County, Virginia, Frances B. Gebhart,
fellow countrymen, by being chosen to occupy public offices et al., vs. Ethel Louise Belton, et al., 347 US 483, 98 L. Ed. 873,
provided for in a constitution, are charged with a solemn the supreme court of the United States denied to the sovereign
responsibility to exercise only such powers as, under such con- states of the American union the power to regulate public
stitution, have been entrusted to them. education by the use of practices first declared constitutional












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 35

by the state of Massachusetts, adopted by the congress, other hand from the union which might desire to exploit him
approved by the executive, affirmed and reaffirmed by the or advocate policies which he did not endorse.
supreme court of the United States and practiced by states (3) By a decision rendered January 16, 1956, Dantan George
for more than a century. Rea vs. United States of America,........U.S.......... 100 L. Ed. (ad-
It has based these decisions upon matters of fact as to vance) p. 213, the supreme court of the United States held that
which the parties affected were not given an opportunity to it was within the power of the federal courts to enjoin an officer
offer evidence or cross examine the witnesses against them. of the executive department of the federal government from
testifying in the courts of the state of New Mexico in a criminal
It has cited as authority for the assumed and asserted facts prosecution of one charged with a violation of a statute of
the unsworn writings of men, one of whom was the hireling that state prohibiting the possession of marihuana.
of an active participant in the litigation.Others were affiliated In so doing the court assumed power to direct the activities
with organizations declared by the attorney general of the of executive officers of the federal government to the extent
United States to be subversive, and one of whom, in the same of forbidding them from testifying voluntarily, or under the
writing which the court cited as authority for its decision process of a state court, as to matters within their knowledge
stated that the constitution of the United States is 'impractical in a case in which no question of privilege or national security
and unsuited to modern conditions", was involved.
In reaching its conclusion the supreme court has disre- In so doing the court assumed power to control the admin-
garded its former pronouncements and attempted to justify istration of local justice in state courts by the indirect method
such action by the expedient of imputing ignorance of psy- of forbidding witnesses to testify in such state courts while
chology to men whose knowledge of the law and understand- giving lip service to the letter of the rule which denies to the
ing of the constitution could not be impugned, and has ex- federal courts any power to control the acts or proceedings of
pressly predicated its determination of the rights of the people state courts.
of the several sovereign states of the American union upon the In so doing the court assumed power to fix the rules of
psychological conclusions of Kotinsky, Brameld and Myrdal, evidence which should control the administration of justice in
and their ilk, rather than the legal conclusions of Taft, Holmes, state courts.
Van Devanter, Brandeis and their comtemporaries upon the
bench. In so doing the supreme court refused to follow the law as
established by former decisions of that court, which were
In reaching its conclusion the court, professing itself to be followed and adhered to for many years.
unable to ascertain the intent of those who adopted the four-
teenth amendment to the constitution, arbitrarily chose to (4) By a decision rendered April 2,1956, in Commonwealth
repudiate the solemn declaration of its meaning rendered under of Pennsylvania vs. Steve Nelson ........-U. S.......... 100 L. Ed. (ad-
h sntit f the n fi h of the supreme vance) p. 415, the supreme court of the United States has de-
the sanctity of their oath of office by the justices fared that, so long as the present federal law providing
"court of the United States at a time when all of its membersat so long as the present federal law providing
punishment for sedition exists, the sovereign state of Pennsyl-
were contemporaries of those who proposed, discussed, debated, vania and those forty-one of her sister states who have enacted
submitted and adopted the amendment. laws against sedition, are without power to enforce their stat-
However, much as citizens of other states may approve and utes enacted for the purpose of preserving the lives and safety
applaud these decisions, they dare not embrace the theory of their citizens from those who would by force and violence
upon which they are based nor the fallacies therein contained overthrow the government of the United States, the states
lest they themselves by the application of the same theory and themselves, or any of their political subdivisions.
fallacies bring destruction to their institutions and to their This decision was rendered in the case of an acknowledged
liberties. member of the communist party who had been duly convicted
in the constitutional trial courts of Pennsylvania of violating
(2) In a decision rendered May 21, 1956, in Railway Em- the sedition laws of that commonwealth.
ployees Department, American Federation of Labor, Interna-
tional Association of Machinists, et al., vs. Robert L. Hanson, In reaching the conclusion announced, the supreme court
et al., ........U.S......... 100 L. Ed. (advance) p. 633, the supreme refused to follow the previously accepted construction and
court of the United States held that a union shop agreement interpretation of the constitution of the United States as stated
negotiated between certain railroads and certain organizations in unmistakable language in prior decisions of that court.
of employees of such railroads which had been authorized by an In reaching the announced conclusion, the court decried,
act of the congress superseded the right-to-work provisions of and seemed to find obnoxious the fact that under the Pennsyl-
the constitution of the state of Nebraska and the state statutes vania law a private citizen could set in motion the legal proc-
enacted pursuant thereto. esses by which those charged with conspiracy against the
The effect of this decision, made in a case instituted by government of the commonwealth of Pennsylvania could be
free American citizens to enforce their rights under the con- brought to trial and, if found guilty, be punished by due course
situation of the United States, was to deny these American of Pennsylvania law.
citizens the right to work at their chosen trade unless they In reaching the announced conclusion the court dismissed
became members of and contributed to the funds of organiza- with a casual comment in a footnote to its decision the solemn
tions to which they did not wish to belong and to which they declaration of the congress that "Nothing in this title shall
did not wish to contribute of their substance. be held to take away or impair the jurisdiction of the courts
The effect of this decision was to advise these free Ameri- of the several states under the laws thereof."
can citizens that their right to be immune from any depriva- In reaching the announced conclusion the court did not
tion of liberty or property without due process of law, sup- limit the impact of its judgment to statutes involving sedition
posedly guaranteed, to them by their federal constitution, against the government of the United States, but expressly
did not extend to their right to work, supposedly guaranteed pointed out that a state has no power to enact laws for its own
by the constitution of their state, as against the demands of protection, but must rely upon the federal authorities for the
a nonofficial labor organization that they pay to it money to suppression of sedition against the state itself or its political
be expended in the negotiation of labor contracts, the terms subdivisions.
of which these citizens might or might not seek or desire. (5) In a decision rendered April 23, 1956, in Judson Griin,
The effect of this decision is to vest in the congress the et al, vs. People of the State of Illinois, -U.S.-, 100 L. Ed.
power to prohibit, permit, or require, closed shops, union shops (advance) p. 483, the supreme court of the United States held
or open shops or to outlaw unions in each and every industry that the due process and equal protection clauses of the con-
in America whose activities come within the present expanded stitution of the United States rendered illegal the imprison-
concept of interstate commerce. ment of one charged with armed robbery and duly convicted
in the trial court of Illinois, unless the state of Illinois pro-
The effect of this decision is to abrogate, with respect to all vided the defendant, free of charge, with a transcript of the
employment in interstate business, the constitutions and laws proceedings to be used in an appeal of his conviction.
of those seventeen sovereign American states which have
sought to protect the rights of their citizens to a free and The basis of this decision was that, since the law of Illinois
open labor market, making union membership optional with authorized appeals in criminal cases, and the particular de-
each worker, protecting him on the one hand from an employer fendant in question was insolvent, the fourteenth amendment
who might desire the destruction of the union, and on the required the state to pay the costs of his appeal.












36 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

The effect of this decision is to place upon each of the states ment, the history of the times in which it was adopted, the
the duty of guaranteeing the financial ability of every citizen construction placed upon it by contemporary courts and the
to exercise constitutional rights, meaning ascribed to it by the people for generations consti-
(6 By a decio rendered pri 9, 56, in Hary Slochowr tutes usurpation of power which, if condoned by the people and
vs. Board of Higher Education of the City of New York, allowed to continue, will destroy the American system of ov
-U.S.-, 100 L. Ed. (advance) p. 449, the supreme court of ernm
the United States held that the city of New York had violated Section 2. That, if wise and beneficent men may make
the constitution of the United States by the summary discharge changes in the constitution that are beneficial in the light of
of a public employee who had refused to answer questions changing conditions, others may, with equal propriety make
relative to his communistic activities and claimed the benefit changes which will destroy the rights of the people. It was to
of the fifth amendment to the constitution in so doing, guard against conferring the power upon public officials to
t o hol te rt i i r make mistakes that the people reserved unto themselves the
In so holding the court held invalid a charter provision of power to amend the constitution when changing conditions
the city of New York designed to provide for the removal, as demand a change in the basic law.
quickly as possible, of those public employees who were deemed
by the people of that great city to be unfit to be entrusted That while disobedience to constituted authority is the mother
with any part in the administration of the public affairs of of anarchy, it is the history of free men that they will not
the city. supinely permit government to become the master of the
people, and will never yield unrestrained authority to any group
In so holding the court revoked the prompt removal from of public officers.
a state school of a teacher whose influence was deemed by
the school authorities to be inimicable to the best interests of Section 3. That it is the duty of every public official sworn
the students in such school, to support the constitution of the United States, and of every
citizen who would maintain the principles of government
In so holding the court construed the due process clause of under which this nation has grown to its present greatness,
the constitution to give to the federal courts the power to regardless of their views as to the abstract justice of the
examine into minute details of all administrative state action result of any of the acts of usurpation herein enumerated to
and to apply arbitrarily to such state action the personal con- insist, and we do hereby insist and demand that the supreme
cepts of the justices of the supreme court rather than fixed court of the United States recede from its arbitrary assertion of
principles of constitutional law; and power to change the fundamental law of the land to meet the
WHEREAS, these, and other decisions of the supreme court personal views of its members as to the present needs of the
of the United States, can lead the student of law, of govern- people leaving to the people themselves the responsibility of
ment, or of history to but one unavoidable conclusion: determining when, and to what extent, their constitution should
be amended.
As presently constituted, the supreme court of the United Section 4. That, and to this end we respectfully and earn-
States has embraced the philosophy that the constitution of estly urge the executive officers of the nation, the congress
the United States is not a declaration of fixed or definite of the United States, the governor and the attorney general
in of the United States, the governor and the attorney general
principles, unchanging in their meaning, although varying in of each of our sister states, and the bar of America, the tra-
their application to different factual situations. On the con- ditional defender of constitutional government, and all who
trary, recent decisions are obviously the result of a theory that love and revere the constitution of the United States, to join
changing conditions and variations in social and economic us in this declaration, and to do everything within the scope
practices justify the court in changing, by judicial fiat, the of their personal and official authority to initiate and effect
meaning of the constitution in order that it may serve what an amendment to article X of the constitution of the United
the members of the court deem to be the best interests of the States defining the powers reserved to the respective sovereign
people. states, enumerating and defining the powers so reserved to
Unless the application of this concept of the powers of the include, among others, the power to regulate the fields of
supreme court of the United States in regard to the rights of activity mentioned in this report.
the people, the powers of the different departments of govern- Section 5. That copies of this resolution be sent to the
ment, and the separate and distinct powers of the states and of chief executive officers of each state in the union, the members
the federal government be stopped, the inevitable result will of congress of the United States, the attorney general of each
be to end the American system of constitutional government, sister state, the American Bar Association and to any other
and to substitute therefore government by a judicial oligarchy persons designated by the members of the legislature.
under which the states, and the executive and legislative de- and respectfully requests the concurrence of the House
apartments of the federal government may exercise only such therein requests the concurrence of the House
powers as the federal judiciary deems fit to permit them to Very respectfully,
exercise; and NOW, THEREFORE, ROBTe Wf DAVIS,
BE IT RESOLVED BY THE SENATE OF THE STATE OF Secretary of the Senate.
FLORIDA, THE HOUSE OF REPRESENTATIVES CONCUR- And Senate Concurrent Resolution No. 17-XX, contained
RING: in the above message, was read the first time in full and
Section 1. That we te PE LE OF Tr E STATE OF placed on the Calender without reference, being a companion
Section 1. That we the PEOPLE OF THE STATE OF measure to House Concurrent Resolution No. 31-XX, now on
FLORIDA, speaking by and through our duly elected repre- the Calendar.
sentatives in the senate and the house of representatives of
the state of Florida, do hereby solemnly declare: Tallahassee, Florida,
July 25, 1956.
(1) That the supreme court of the United States of America Hon. Ted David
as presently constituted knowingly, wilfully, and over the most Speaker of the House of Representatives.
respectful protest of litigants before the court, including many
of the sovereign states of the union, has determined to, and Sir:
has entered upon a policy of substituting the personal and I am directed by the Senate to inform the House of Rep-
individual ideas of the members of the court as to what the resentatives that the Senate has admitted for introduction and
constitution of the United States should be for the letter of consideration by two-thirds vote and passed:
the constitution as it was written by our forefathers, the mean-
ing of the constitution as it was understood by those who By Senator Dickinson-
drafted it and voted for its adoption, and the intent of the S. B. No. 32-XX(56)-A bill to be entitled An Act relating
constitution as it has been declared by the highest court of to the Criminal Court of Record of Palm Beach County,
the nation over many years and in many able decisions. Florida; providing two (2) judges for said Court, the manner
of their selection, their tenure and salaries; repealing all
(2) That the personal, social, economic and political ideas laws and parts of laws in conflict herewith; and for other
of the members of the supreme court of the United States do purposes; providing a referendum.
not constitute the proper criterion for the admeasurement of
states rights or the powers of the several departments of the -and respectfully requests the concurrence of the House
federal government or the rights of individual citizens. therein.
Very respectfully,
k3) That acts of the federal judiciary in wilfully asserting ROBT. W. DAVIS,
a meaning of the constitution unsupported by the written docu- Secretary of the Senate.











July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 37

The Speaker ruled that the introduction and consideration and 294 of the 1955 Session of the Legislature; to appropriate
of Senate Bill No. 32-XX, contained in the above message, sums heretofore paid Hamilton County under Section 4 of
would constitute Legislative business other than that for Chapter 30,000, Laws of Florida, 1955, for that purpose; to
which the Legislature was especially convened, provide for the distribution of the remainder of said money
Mr. Roberts of Palm Beach moved that this House de- and the distribution after said certificates are retired.
Mr. Roberts of Palm Beach moved that this House de-
termine that it shall transact the Legislative business of Proof of publication attached.
the introduction and consideration of Senate Bill No. 32-XX.
-and respectfully requests the concurrence of the House
The motion was agreed to by the required Constitutional therein.
two-thirds vote, and Senate Bill No. 32-XX was admitted for Very respectfully,
introduction and consideration by the House. ROBT. W. DAVIS,
The bill was read the first time by title and ordered placed Secretary of the Senate.
on the Calendar of Local Bills. The Speaker ruled that the introduction and considera-
tion of Senate Bill No. 15-XX, contained in the above mes-
Mr. Putnal asked to be recorded present, sage, would constitute Legislative business other than that
Tallahassee, Florida, for which the Legislature was especially convened.
July 25, 1956. Mr. McAlpin moved that this House determine that it shall
Hon. Ted David transact the Legislative business of the introduction and con-
Speaker of the House of Representatives. sideration of Senate Bill No. 15-XX.
Sir: The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 15-XX was admitted
I am directed by the Senate to inform the House of Rep- for introduction and consideration by the House.
resentatives that the Senate has admitted for introduction oo o on o o o o
by two-thirds vote and passed: Proof of publication of Notice attached to S. B. No. 15-XX.
By Senators Stenstrom, Rodgers, Bronson and Barber- The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article
S. B. No. 33-XX(56)-A bill to be entitled An Act au- III of the Constitution, has been established in this Legis-
thorizing any of the Boards of County Commissioners of the lature.
counties comprising the Ninth Judicial Circuit to expend pub-
lic funds for the purpose of procuring an enumeration of the The bill was read the first time by title and ordered placed
inhabitants of the county. on the Calendar of Local Bills.
Tallahassee, Florida,
-and respectfully requests the concurrence of the House
therein. July 26, 1956
Very respectfully, Hon. Ted David
ROBT. W. DAVIS, Speaker of the House of Representatives.
Secretary of the Senate. Sir:
The Speaker ruled that the introduction and considera- I am directed by the Senate to inform the House of Repre-
tion of Senate Bill No. 33-XX, contained in the above mes- natives that Senate has passed-
sage, would constitute Legislative business other than that
for which the Legislature was especially convened. By Senators Rodgers, Black, Cabot, Getzen, Houghton, Mor-
Mr. Smith of Indian River moved that this House de- gan, Pope, Johns, Rawls, Carlton, Gautier (28th), Johnson,
termine that it shall transact the Legislative business of Shands, Edwards, Barber, Fraser, Hodges, Floyd, Douglas and
termine that it shall transact the Legislative business of tenstrom-
the introduction and consideration of Senate Bill No. 33-XX. Stenstrom-
The motion was agreed to by the required Constitutional S. B. No. 21-XX(56)-A bill to be entitled An Act making
two-thirds vote, and Senate Bill No. 33-XX was admitted appropriations from the General Revenue Fund for planning
for introduction and consideration by the House. of buildings and facilities in the penal system of the State;
authorizing employment of personnel and payment of salaries
The bill was read the first time by title and ordered re- and expenses; and providing an effective date.
ferred to the Committee on Judiciary-Civil.
-and respectfully requests the concurrence of the House
Mr. Smith of Indian River moved that Senate Bill No. therein.
33-XX be withdrawn from the Committee on Judiciary- Very respectfully,
Civil and placed on the Calendar of General Bills of Local ROBT. W. DAVIS,
Application. Secretary of the Senate.
The motion was agreed to by a two-thirds vote, and Sen- And Senate Bill No. 21-XX, contained in the above message,
ate Bill No. 33-XX was ordered withdrawn from the Com- was read the first time by title and ordered placed on the
mittee on Judiciary-Civil and placed on the Calendar of Calendar without reference, being a companion measure to
General Bills of Local Application. House Bill No. 35-XX, now on the Calendar.
July 25, 1956. Tallahassee, Florida,
Tallahassee, Florida,
July 25, 1956.
Hon. Ted David July 26, 1956
Speaker of the House of Representatives. Hon. Ted David
Speaker of the House of Representatives.
Sir:
Sir:
I am directed by the Senate to inform the House of Rep-
resentatives that the Senate has admitted for consideration I am directed by the Senate to inform the House of Repre-
by the Senate by an affirmative two-thirds vote of the Sen- sentatives that the Senate has passed-
ate, and passed-
By Senators Rodgers, Black, Cabot, Getzen, Houghton, Mor-
By Senator Black- gan, Pope, Johns, Rawls, Carlton, Gautier (28th), Johnson,
Shands, Edwards, Barber, Fraser, Hodges, Floyd, Douglas and
S. B. No. 15-XX(56)-A bill to be entitled An Act au- Stenstrom-
thorizing the Board of Public Instruction of Hamilton County,
Florida, to construct and equip three gymnasiums in Hamil- S. B. No. 22-XX(56)-A bill to be entitled An Act making
ton County, Florida; to provide for the payment thereof by an appropriation from the General Fund to the Florida Parole
issuing interest bearing certificates and pledging certain race Commission for operations, to supplement the appropriation
track funds allocated to Hamilton County, Florida, from the made under Item 40, Subsection (1) of Section 282.01,.Florida
tax realized from committee substitute for Senate Bills 288 Statutes; and providing an effective date.












38 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

-and respectfully requests the concurrence of the House Tallahassee, Florida,
therein.
Very respectfully, July 26, 1956.
ROBT. W. DAVIS, Hon. Ted David,
Secretary of the Senate. Speaker of the House of Representatives.
And Senate Bill No. 22-XX, contained in the above message, Sir:
was read the first time by title and ordered placed on the I am directed by the Senate to inform the House of
Calendar without reference, being a companion measure to Representatives that the Senate has admitted for introduc-
House Bill No. 27-XX, now on the Calendar. tion by two-thirds vote and passed-
Tallahassee, Florida, By the Committee on Appropriations-

July 26, 1956 S. B. No. 28-XX(56)-A bill to be entitled An Act making
Hon. Ted David an appropriation for the fiscal year 1956-57 from the General
Speaker of the House of Representatives. Revenue Fund for the purpose of supplying immediate funds
i for any unforeseen emergency that may arise; providing for
r supervision and control by the State Budget Commission;
I am directed by the Senate to inform the House of Repre- providing for certain restrictions on use; and providing an
sentatives that the Senate has passed- effective date.
-and respectfully requests the concurrence of the House
By Senators Rodgers, Edwards, Black, Cabot, Getzen, Hough- therein.
ton, Morgan, Pope. Johns, Rawls, Carlton, Gautier (28th), Very respectfully,
Johnson, Shands, Barber, Fraser, Hodges, Floyd, Douglas and ROBT. W. DAVIS,
Stenstrom- Secretary of the Senate.
S. B. No. 24-XX(56)-A bill to be entitled An Act making The Speaker ruled that the introduction and consideration
appropriations from the General Revenue Fund for buildings of Senate Bill No. 28-XX, contained in the above message,
and facilities at the Female Correctional Institution at Lowell; would constitute Legislative business other than that for
and providing an effective date. which the Legislature was especially convened.
-and respectfully requests the concurrence of the House Mr. Moody moved that this House determine that it shall
therein. transact the Legislative business of the introduction and con-
Very respectfully, sideration of Senate Bill No. 28-XX.
ROBT. W. DAVIS,
Secretary of the Senate The motion was agreed to by the required Constitutional
atwo-thirds vote, and Senate Bill No. 28-XX was admitted for
And Senate Bill No. 24-XX, contained in the above mes- introduction and consideration by the House.
sage, was read the first time by title and ordered placed The bill was read the first time by title and ordered referred
on the Calendar without reference, being a companion mea- to the Committee on Appropriations.
sure to House Bill No. 28-XX, now on the Calendar.
Mr. Moody moved that Senate Bill No. 28-XX be withdrawn
Tallahassee, Florida, from the Committee on Appropriations and placed on the
July 26, 1956. Calendar.
Hon. Ted David, The motion was agreed to by a two-thirds vote, and it was
Speaker of the House of Representatives. so ordered.
Mr. Crews moved that the rules be waived and the House
Sir: proceed to the Order of Consideration of House Resolutions,
Concurrent Resolutions and Memorials.
I am directed by the Senate to inform the House of
Representatives that the Senate has admitted for introduc- The motion was agreed to by a two-thirds vote, and it was
tion and consideration by two-thirds vote and passed- so ordered.
By Senator Carlton- CONSIDERATION OF HOUSE RESOLUTIONS,
CONCURRENT RESOLUTIONS AND
S. B. No. 36-XX(56)-A bill to be entitled An Act to amend MEMORIALS
Chapter 581, Florida Statutes, relating to the State Plant H. C. R. No. 31-XX-A concurrent resolution denouncing the
Board by adding a new section to be numbered 581.16; au- usurpation of power by the Supreme Court of the United
thorizing the State Plant Board to supervise or cause the usatiean of power by the Supreme Court of the United
fumigation or treatment of fruit or plants infected by Medi- States and demanding the preservation of our inherent rights.
fumigation or treatment of fruit or plants infected by Medi-
terranean Fruit Flies or other pests declared by said Board -was taken up.
to be a nuisance and fixing an effective date.
Mr. Crews moved that the House now take up and consider
-and respectfully requests the concurrence of the House Senate Concurrent Resolution No. 17-XX, a companion meas-
Very respectful ure to House Concurrent Resolution No. 31-XX, now on the
Very respectfully, Calendar.
ROBT. W. DAVIS,
Secretary of the Senate. The motion was agreed to, and-
The Speaker ruled that the introduction and considera- Senate Concurrent Resolution No. 17-XX(56)-A Concurrent
tion of Senate Bill No. 36-XX, contained in the above mes- Resolution denouncing the usurpation of power by the Supreme
sage, would constitute, Legislative business other than that Court of the United States and demanding the preservation of
for which the Legislature was especially convened. our inherent rights.
Mr. Surles moved that this House determine that it shall WHEREAS, in the life of a democratic nation when it be-
transact the Legislative business of the introduction and con- comes necessary for the people to take notice of and enter
sideration of Senate Bill No. 36-XX. a solemn protest against any usurpation of power by those
who have been entrusted with high public office, and to de-
The motion was agreed to by the required Constitutional mand, as of right, that public officers remain subservient to the
two-thirds vote, and Senate Bill No. 36-XX was admitted for people and that they desist from assuming powers which hav
introduction and consideration by the House. not, by the people, been placed in their hands, the opinions
of their fellow men require that the people set forth in clear
The bill was read the first time by title and ordered referred and unmistakable language the causes which impel them, to
to the Committee on Citrus Fruit. such action.












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 39

To the end that the declarations now about to be made may when evidences of the assumption of tyrannical powers appear
be thoroughly understood, and the motives which impel them in the executive or in the congress the people may, by means
may be fully appreciated, we first pronounce the following of the ballot, protect and preserve their liberties by the repudia-
principles, each of which we hold to be an integral part of tion of those in office. But when the federal judiciary, which
our American System of Government: is insulated from the heat of political differences by the life
tenure of its membership, enters upon a course of action
-1- inimicable to the rights of the people, this method of reform
All political power is inherent i the people andall govern- is unavailable. Under such circumstances those restraints
All political power is inherent in the people and all govern- which characterize men capable of self-government require
ment derives all its powers from the consent of the governed, that by orderly and peaceable means the inherent and un-
-2- alienable rights and powers of the people shall be utitlzed to
restore those rights of which they have unjustly and unlaw-
When the people form a government by the adoption of a fully been deprived.
written constitution the words of that constitution are but the
instrumentalities by which ideas, principles and plans present We call to the attention of all thinking Americans the fol-
in the minds of those who adopt the constitution are recorded lowing unwarranted and unauthorized acts of invasion of the
for accuracy and for preservation to posterity, powers reserved to the states an dto the people:
3- (1) By decisions rendered May 17, 1954, in Brown vs. Board
of Education of Topeka, Harry Briggs, Jr., et. al., vs. R. W.
Those who are temporarily invested with power over their Elliott, et al., Dorothy E. Davis, et al., vs. County School
fellow countrymen, by being chosen to occupy public offices Board of Prince Edward County, Virginia, Frances B. Gebhart,
provided for in a constitution, are charged with a solemn et al., vs. Ethel Louise Belton, et al., 347 US 483, 98 L. Ed. 873,
responsibility to exercise only such powers as, under such con- the supreme court of the United States denied to the sovereign
stitution, have been entrusted to them. states of the American union the power to regulate public
education by the use of practices first declared constitutional
-4- by the state of Massachusetts, adopted by the congress,
A division of the powers of government into three depart- approved by the executive, affirmed and reaffirmed by the
ments, executive, legislative and judicial is expressed or im- supreme court of the United States and practiced by states
plied in every constitution of the American union, including for more than a century.
the constitution of the United States. It has based these decisions upon matters of fact as to
which the parties affected were not given an opportunity to
"offer evidence or cross examine the witnesses against them.
The constitution of the United States is a grant of powers It has cited as authority for the assumed and asserted facts
to the central federal government, and all powers not dele- the unsworn writings of men, one of whom was the hireling
gated to the federal government, by the constitution, nor pro- of an active participant in the litigation.Others were affiliated
hibited by it to the states, are reserved to the states, or to the with organizations declared by the attorney general of the
people. United States to be subversive, and one of whom, in the same
--6 writing which the court cited as authority for its decision
The judicial powers delegated to the federal government are stated that the constitution of the United States is 'impractical
vested by the constitution in the federal judiciary and include and unsuited to modern conditions".
the power to interpret, construe and apply the constitution of In reaching its conclusion the supreme court has disre-
the United States. garded its former pronouncements and attempted to justify
such action by the expedient of imputing ignorance of psy-
The power to interpret, construe and apply the constitution chology to men whose knowledge of the law and understand-
is limited to an ascertainment of the ideas, principles and ing of the constitution could not be impugned, and has ex-
thoughts that were in the minds of those who drafted and pressly predicated its determination of the rights of the people
adopted the constitution, including amendments thereto, and of the several sovereign states of the American union upon the
the application of those ideas, principles and thoughts to psychological conclusions of Kotinsky, Brameld and Myrdal,
particular factual situations from time to time presented to and their ilk, rather than the legal conclusions of Taft, Holmes,
the courts. The application of constitutional principles may The motion was agreed to by a two-thirds vote and Senate
differ with changing conditions, but the principles themselves bench.
are unchanging and unchangeable except by the people and
then only by the method provided in the constitution and In reaching its conclusion the court, professing itself to be
unable to ascertain the intent of those who adopted the four-
-8- teenth amendment to the constitution, arbitrarily chose to
repudiate the solemn declaration of its meaning rendered under
A judicial construction of the constitution enunciated by the sanctity of their oath of office by the justices of the supreme
the supreme court of the United States and understood and court of the United States at a time when all of its members
acquiesced in by the executive department, the congress and were contemporaries of those who proposed, discussed, debated,
the people over a long period of time becomes as much a part submitted and adopted the amendment.
of the fundamental law of the land as that which has been
written in the constitution itself, and is binding equally upon However, much as citizens of other states may approve and
the people, the states of the union, and the supreme court of applaud these decisions, they dare not embrace the theory
the United States. upon which they are based nor the fallacies therein contained
-9- lest they themselves by the application of the same theory and
fallacies bring destruction to their institutions and to their
The constitution of the United States may be amended only liberties.
in the manner provided in that constitution. In the course of
history since the adoption of the constitution the people have (2) In a decision rendered May 21, 1956, in Railway Em-
twenty-one times found it expedient to amend the constitution, ployees Department, American Federation of Labor, Interna-
and when that unanimity of public opinion which justifies a tional Association of Machinists, et al., vs. Robert L. Hanson,
change in the constitution has developed among the people et al. ........U.S........., 100 L. Ed. (advance) p. 633, the supreme
they have found no difficulty in effecting the changes they court of the United States held that a union shop agreement
found desirable, negotiated between certain railroads and certain organizations
-10 of employees of such railroads which had been authorized by an
act of the congress superseded the right-to-work provisions of
The assumption by any public official, or group of public the constitution of the state of Nebraska and the state statutes
officials, of power to change the meaning of the constitution enacted pursuant thereto.
of the United States, other than by the method provided by
article V of the constitution, is an abuse of public trust and a The effect of this decision, made in a case instituted by
tyrannical usurpation of power; and free American citizens to enforce their rights under the con-
stitution of the United States, was to deny these American
WHEREAS, under the constitution of the United States citizens the right to work at their chosen trade unless they













40 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

became members of and contributed to the funds of organiza- brought to trial and, if found guilty, be punished by due course
tions to which they did not wish to belong and to which they of Pennsylvania law.
did not wish to contribute of their substance.
In reaching the announced conclusion the court dismissed
The effect of this decision was to advise these free Ameri- with a casual comment in a footnote to its decision the solemn
can citizens that their right to be immune from any depriva- declaration of the congress that "Nothing in this title shall
tion of liberty or property without due process of law, sup- be held to take away or impair the jurisdiction of the courts
posedly guaranteed to them by their federal constitution, of the several states under the laws thereof."
did not extend to their right to work, supposedly guaranteed
by the constitution of their state, as against the demands of In reaching the announced conclusion the court did not
a nonofficial labor organization that they pay to it money to limit the impact of its judgment to statutes involving sedition
be expended in the negotiation of labor contracts, the terms against the government of the United States, but expressly
of which these citizens might or might not seek or desire, pointed out that a state has no power to enact laws for its own
protection, but must rely upon the federal authorities for the
The effect of this decision is to vest in the congress the suppression of sedition against the state itself or its political
power to prohibit, permit, or require, closed shops, union shops subdivisions.
or open shops or to outlaw unions in each and every industry
in America whose activities come within the present expanded (5) In a decision rendered April 23, 1956, in Judson Griffin,
concept of interstate commerce. et al, vs. People of the State of Illinois, -U.S.-, 100 L. Ed.
(advance) p. 483, the supreme court of the United States held
The effect of this decision is to abrogate, with respect to all that the due process and equal protection clauses of the con-
employment in interstate business, the constitutions and laws stitution of the United States rendered illegal the imprison-
of those seventeen sovereign American states which have ment of one charged with armed robbery and duly convicted
sought to protect the rights of their citizens to a free and in the trial court of Illinois, unless the state of Illinois pro-
open labor market, making union membership optional with vided the defendant, free of charge, with a transcript of the
each worker, protecting him on the one hand from an employer proceedings to be used in an appeal of his conviction.
who might desire the destruction of the union, and on the
other hand from the union which might desire to exploit him The basis of this decision was that, since the law of Illinois
or advocate policies which he did not endorse. authorized appeals in criminal cases, and the particular de-
fendant in question was insolvent, the fourteenth amendment
(3) By a decision rendered January 16, 1956, Dantan George required the state to pay the costs of his appeal.
Rea vs. United States of America,........U.S......... 100 L. Ed. (ad-
vance) p. 213, the supreme court of the United States held that The effect of this decision is to place upon each of the states
it was within the power of the federal courts to enjoin an officer the duty of guaranteeing the financial ability of every citizen
of the executive department of the federal government from to exercise constitutional rights.
testifying in the courts of the state of New Mexico in a criminal
prosecution of one charged with a violation of a statute of (6) By a decision rendered April 9, 1956, in Harry Slochower
that state prohibiting the possession of marihuana. vs. Board of Higher Education of the City of New York,
-U.S.-, 100 L. Ed. (advance) p. 449, the supreme court of
In so doing the court assumed power to direct the activities the United States held that the city of New York had violated
of executive officers of the federal government to the extent the constitution of the United States by the summary discharge
of forbidding them from testifying voluntarily, or under the of a public employee who had refused to answer questions
process of a state court, as to matters within their knowledge relative to his communistic activities and claimed the benefit
in a case in which no question of privilege or national security of the fifth amendment to the constitution in so doing.
was involved.
In so holding the court held invalid a charter provision of
In so doing the court assumed power to control the admin- the city of New York designed to provide for the removal, as
istration of local justice in state courts by the indirect method quickly as possible, of those public employees who were deemed
of forbidding witnesses to testify in such state courts while by the people of that great city to be unfit to be entrusted
giving lip service to the letter of the rule which denies to the with any part in the administration of the public affairs of
federal courts any power to control the acts or proceedings of the city.
state courts.
In so holding the court revoked the prompt removal from
In so doing the court assumed power to fix the rules of a state school of a teacher whose influence was deemed by
evidence which should control the administration of justice in the school authorities to be inimicable to the best interests of
state courts. the students in such school.
In so doing the supreme court refused to follow the law as In so holding the court construed the due process clause of
established by former decisions of that court, which were the constitution to give to the federal courts the power to
followed and adhered to for many years, examine into minute details of all administrative state action
t and to apply arbitrarily to such state action the personal con-
(4) By a decision rendered April 2, 1956, in Commonwealth cepts of the justices of the supreme court rather than fixed
of Pennsylvania vs. Steve Nelson ........U. S........., 100 L. Ed. (ad- principles of constitutional law; and
vance) p. 415, the supreme court of the United States has de- o constitutional law and
cleared that, so long as the present federal law providing WHEREAS, these, and other decisions of the supreme court
punishment for sedition exists, the sovereign state of Pennsyl- of the United States, can lead the student of law, of govern-
vania and those forty-one of her sister states who have enacted ment, or of history to but one unavoidable conclusion:
laws against sedition, are without power to enforce their stat-
utes enacted for the purpose of preserving the lives and safety As presently constituted, the supreme court of the United
of their citizens from those who would by force and violence States has embraced the philosophy that the constitution of
overthrow the government of the United States, the states the United States is not a declaration of fixed or definite
themselves, or any of their political subdivisions, principles, unchanging in their meaning, although varying in
their application to different factual situations. On the con-
This decision was rendered in the case of an acknowledged trary, recent decisions are obviously the result of a theory that
member of the communist party who had been duly convicted changing conditions and variations in social and economic
in the constitutional trial courts of Pennsylvania of violating practices justify the court in changing, by judicial fiat, the
the sedition laws of that commonwealth. meaning of the constitution in order that it may serve what
the members of the court deem to be the best interests of the
In reaching the conclusion announced, the supreme court people.
refused to follow the previously accepted construction and
interpretation of the constitution of the United States as stated Unless the application of this concept of the powers of the
in unmistakable language in prior decisions of that court, supreme court of the United States in regard to the rights of
the people, the powers of the different departments of govern-
In reaching the announced conclusion, the court decried, ment, and the separate and distinct powers of the states and of
and seemed to find obnoxious the fact that under the Pennsyl- the federal government be stopped, the inevitable result will
vania law a private citizen could set in motion the legal proc- be to end the American system of constitutional government,
esses by which those charged with conspiracy against the and to substitute therefore government by a judicial oligarchy
government of the commonwealth of Pennsylvania could be under which the states, and the executive and legislative de-













July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 41

apartments of the federal government may exercise only such sister state, the American Bar Association and to any other
powers as the federal judiciary deems fit to permit them to persons designated by the members of the legislature.
exercise; and NOW, THEREFORE,was taken up.
-was taken up.
BE IT RESOLVED BY THE SENATE OF THE STATE OF
FLORIDA, THE HOUSE OF REPRESENTATIVES CONCUR- Mr. Crews moved that Senate Concurrent Resolution No.
RING: 17-XX be substituted for and considered in lieu of House
Concurrent Resolution No. 31-XX.
Section 1. That we the PEOPLE OF THE STATE OF
FLORIDA, speaking by and through our duly elected repre- The motion was agreed to and Senate Concurrent Resolu-
sentatives in the senate and the house of representatives of tion No. 17-XX was substituted for House Concurrent Reso-
the state of Florida, do hereby solemnly declare: lution No. 31-XX.
(1) That the supreme court of the United States of America Mr. Crews moved that the rules be waived and Senate
as presently constituted knowingly, wilfully, and over the most Concurrent Resolution No. 17-XX be read a second time in full.
respectful protest of litigants before the court, including many The motion was agreed to by a two-thirds vote and Senate.
of the sovereign states of the union, has determined to, and Concurrent Resolution No. 17-XX was read a second time in
has entered upon a policy of substituting the personal and full.
individual ideas of the members of the court as to what the
constitution of the United States should be for the letter of Mr. Crews moved the adoption of the concurrent resolution.
the constitution as it was written by our forefathers, the mean-
ing of the constitution as it was understood by those who A roll call was ordered.
drafted it and voted for its adoption, and the intent of the
constitution as it has been declared by the highest court of When the vote was taken on the adoption of the concurrent
the nation over many years and in many able decisions, resolution, the result was:
(2) That the personal, social, economic and political ideas Yeas:
of the members of the supreme court of the United States do Mr. Speaker Crews Land Shaffer
not constitute the proper criterion for the admeasurement of Alexander Cross Livingston Sheppard
states rights or the powers of the several departments of the Arrington Dukes Mahon Shipp
federal government or the rights of individual citizens. Ballinger Duncan Maness Smith, S. C.
(3) That acts of the federal judiciary in willfully asserting Bartholomew Frederick Marshburn Smith,S.N.,Jr.
a meaning of the constitution unsupported by the written docu- Beasley Gibbons McAlpin Stewart, C. D.
ment, the history of the times in which it was adopted, the Beck Gleaton Merritt Stewart, E. L.
construction placed upon it by contemporary courts and the Belser Griffin,B.H.Jr. Mitchell Surles
meaning ascribed to it by the people for generations consti- Blank Griffin, J. J. Moody Sweeny
tutes usurpation of power which, if condoned by the people and Bodiford Grimes Musselman rillett
allowed to continue, will destroy the American system of gov- Boyd Hathaway Page Turlington
ernment. Brewer Herrell Papy Usina
Bryant Hopkins Patton Varn
Section 2. That, if wise and beneficent men may make Burton Home Peeples Weinstein
changes in the constitution that are beneficial in the light of Carmine Inman Petersen Westberry
changing conditions, others may, with equal propriety make Chaires Jernigan Pittman Williams, B.D.
changes which will destroy the rights of the people. It was to Chappell Johnson,C.R.Jr. Pruitt Williams,G.W.
guard against conferring the power upon public officials to Cleveland Johnson, Tom Putnal Williams,J.R.A.
make mistakes that the people reserved unto themselves the Cobb Jones, D.C.Jr. Revelle Youngberg
power to amend the constitution when changing conditions Coleman Jones, O. W. Roberts, E. S. Zelmenovitz
demand a change in the basic law. Conner King Roberts, H. W.
Cook Knight Rowell
That while disobedience to constituted authority is the mother Costin Lancaster Saunders
of anarchy, it is the history of free men that they will not
supinely permit government to become the master of the Nays:
people, and will never yield unrestrained authority to any group
of public officers. Orr
Section 3. That it is the duty of every public official sworn Yeas-89.
to support the constitution of the United States, and of every
citizen who would maintain the principles of government Nays-1.
under which this nation has grown to its present greatness, The motionwas agreed to and Senate Concurrent Resolu-
regardless of their views as to the abstract justice of the The moti.n- was agreed to and Senate Concurrent Resolu-
result of any of the acts of usurpation herein enumerated to ton No. 17-XX was adopted and ordered certified to the
insist, and we do hereby insist and demand that the supreme Senate.
court of the United States recede from its arbitrary assertion of Under Rule 46, House Concurrent Resolution No. 31-XX
power to change the fundamental law of the land to meet the was laid on the table.
personal views of its members as to the present needs of the
people, leaving to the people themselves the responsibility of CONSIDERATION OF HOUSE GENERAL BILLS AND
determining when, and to what extent, their constitution JOINT RESOLUTIONS FOR SECOND READING
should be amended.
H. B. No. 27-XX-A bill to be entitled An Act making an
Section 4. That, and to this end we respectfully and earn- Appropriation from the General Revenue Fund to the Florida
estly urge the executive officers of the nation, the congress Parole Commission for operations, to supplement the Appro-
of the United States, the governor and the attorney general priation made under Item 40, Subsection (1) of Section 282.01,
of each of our sister states, and the bar of America, the tra- Florida Statutes; and providing an effective date.
ditional defender of constitutional government, and all who
love and revere the constitution of the United States, to join -was taken up.
us in this declaration, and to do everything within the scope Mr. Moody moved that the House now take up and consider
of their personal and official authority to initiate and effect Senate Bill No. 22-XX, a companion measure to House Bill
an amendment to article X of the constitution of the United No. 27-XX, now on the Calendar.
States defining the powers reserved to the respective sovereign
states, enumerating and defining the powers so reserved to The motion was agreed to, and-
include, among others, the power to regulate the fields of
activity mentioned in this report. S. B. No. 22-XX(56)-A bill to be entitled An Act making
an appropriation from the General Revenue Fund to the Flor-
Section 5. That copies of this resolution be sent to the ida Parole Commission for operations, to supplement the ap-
chief executive officers of each state in the union, the members propriation made under Item 40, Subsection (1) of Section
of congress of the United States, the attorney general of each 282.01, Florida Statutes; and providing an effective date.













42 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

-was taken up. Mr. Moody moved that the rules be further waived and
Senate Bill No. 24-XX be read a third time in full and placed
Mr. Moody moved that Senate Bill No. 22-XX be substituted upon its passage.
for and considered in lieu of House Bill No. 27-XX.
The motion was agreed to by a two-thirds vote and Senate
The motion was agreed to and Senate Bill No. 22-XX was Bill No. 24-XX was read a third time in full.
substituted for House Bill No. 27-XX.
When the vote was taken on the passage of the bill the
Mr. Moody moved that the rules be waived and Senate Bill result was:
No. 22-XX be read a second time by title.
Yeas:
The motion was agreed to by a two-thirds vote and Senate
Bill No. 22-XX was read a second time by title. Mr. Speaker Cook Knight Roberts, H. W.
Alexander Costin Lancaster Rowell
Mr. Moody moved that the rules be further waived and Andrews Crews Land Saunders
Senate Bill No. 22-XX be read a third time in full and placed Arrington Cross Livingston Shaffer
upon its passage. Ballinger Dukes Maness Sheppard
The motion was agreed to by a two-thirds vote and Senate Bartholomew Duncan Marshburn Shipp
Bill No. 22-XX was read a third time in full. Beasley Frederick McAlpin Smith, S. C.
Beck Gibbons Merritt Stewart, C. D.
When the vote was taken on the passage of the bill the Belser Gleaton Mitchell Stewart, E. L.
result was: Blank Griffin,B.H.Jr. Moody Surles
Bodiford Griffin, J. J. Musselman Sweeny
Yeas: Boyd Grimes Orr Tillett
Mr. Speaker C n Ld S s Brewer Hathaway Page Turlington
Mr. Speaker Costin Land Saunders Bryant Herrell Papy Usina
Alexander Crews Livingston Shaffer Burton Hopkins Patton Vn
Andrews Cross Mahon Sheppard Carmine Horne Peeples Weinstein
Arrington Dukes Maness Shipp Chaires Inman Petersen Westberry
Ballinger Duncan Marshburn Smith, S. C. Chappell Jernigan Pittman Williams, B.D.
Bartholomew Frederick McAlpin Smith,S.N.,Jr. Cleveland Johnson,C.R.Jr. Pruitt Williams,G.W.
Beasley Gibbons Merritt Stewart, C. D. Cobb Jones, D.C.Jr. Putnal Williams,J.R.A.
Beck Gleaton Mitchell Stewart, E. L. Coleman Jones, O. W. Revelle Youngberg
Belser Griffin,B.H.Jr. Moody Surles Conner King Roberts, E. S. Zelmenovitz
Blank Grffin, J. J. Musselman Sweeny
Bodiford Grimes Orr Tillett Yeas-88.
Boyd Hathaway Page Turlington
Brewer Hopkins Papy Usina Nays-None.
Brtn Honmn Pee s Vnstein So the bill passed, title as stated, and was ordered certified
Burton Inman Peeples Weinsteinthe Senate.
Carmine Jernigan Petersen Westberry to the Senate.
Chaires Johnson,C.R.Jr.Pittman Williams, B.D. Under Rule 46, House Bill No. 28-XX was laid on the table.
Chappell Johnson, Tom Pruitt Williams,G.W.
Cleveland Jones, D.C.Jr. Putnal Williams,J.R.A. Without objection, consideration of House Bill No. 34-XX
Cobb Jones, O. W. Revelle Youngberg was temporarily deferred.
Coleman King Roberts, E. S. Zelmenovitz
Conner Knight Roberts, H. W. H. B. No. 35-XX-A bill to be entitled An Act making ap-
Cook Lancaster Rowell propriations from the General Revenue Fund for planning
of buildings and facilities in the Penal System of the State;
Yeas-90. Authorizing employment of personnel and payment of salaries
and expenses; and providing an effective date.
Nays-None.
-was taken up.
So the bill passed, title as stated, and was ordered certified
to the Senate. Mr. Moody moved that the House now take up and con-
sider Senate Bill No. 21-XX, a companion measure to House
Under Rule 46, House Bill No. 27-XX was laid on the table. Bill No. 35-XX, now on the Calendar.
H. B. No. 28-XX-A bill to be entitled An Act making Appro- The motion was agreed to, and-
priations from the General Revenue Fund for buildings and
facilities at the Female Correctional Institution at Lowell; and S. B. No. 21-XX(56)-A bill to be entitled An Act making
providing an effective date. appropriations from the General Revenue Fund for planning
of buildings and facilities in the penal system of the State;
-was taken up. authorizing employment of personnel and payment of salaries
Mr. Moody moved that the House now take up and con- and expenses; and providing an effective date.
sider Senate Bill No. 24-XX, a companion measure to House -w t .
Bill No. 28-XX, now on the Calendar. -was en up.
The motion was agreed to, and- Mr. Moody moved that Senate Bill No. 21-XX be substituted
for and considered in lieu of House Bill No. 35-XX.
S. B. No. 24-XX(56)-A bill to be entitled An Act making
appropriations from the General Revenue Fund for buildings The motion was agreed to and Senate Bill No. 21-XX was
and facilities at the Female Correctional Institution at Lowell; substituted for House Bill No. 35-XX.
and providing an effective date.
and providing an effective date. Mr. Moody moved that the rules be waived and Senate Bill
-was taken up. No. 21-XX be read a second time by title.
Mr. Moody moved that Senate Bill No. 24-XX be substi- The motion was agreed to by a two-thirds vote and Senate
tuted for and considered in lieu of House Bill No. 28-XX. Bill No. 21-XX was read a second time by title.
Mr. Moody moved that the rules be further waived and
suThe motion was agreed to and Senate Bill No. 24-XX was Senate Bill No. 21-XX be read a third time in full and placed
substituted for House Bill No. 28-XX. upon Its passage.
upon its passage.
Mr. Moody moved that the rules be waived and Senate The motion was agreed to by a two-thirds vote and Senate
Bill No. 24-XX be read a second time by title. Bill No. 21-XX was read a third time in full.
The motion was agreed to by a two-thirds vote and Senate When the vote was taken on the passage of the bill the
Bill No. 24-XX was read a second time by title, result was:












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 43

Yeas: Cook Johnson,C.R.Jr. Drr Smith, S. C.
Costin Johnson, Tom Page Smith,S.N.,Jr.
Mr. Speaker Costin Lancaster Rowell Crews Jones. D.C.Jr. Papy Stewart, C. D.
Alexander Crews Land Saunders Dukes Jones, O. W. Patton Stewart, E. L.
Andrews Cross Livingston Shaffer Duncan King Peeples Surles
Arrington Dukes Mahon Sheppard Frederick Knight Petersen Sweeny
Ballinger Duncan Maness Shipp Gibbons Lancaster Pittman Tillett
Bartholomew Frederick Marshburn Smith, S. C. Gleaton Land Pruitt Turlington
Beasley Gibbons McAlpin Smith,S.N.,Jr. Griffin,B.H.Jr. Livingston Putnal Usina
Beck Gleaton Merritt Stewart, C. D. Griffin, J. J. Mahon Revelle Varn
Belser Griffin,B.H.Jr. Mitchell Stewart, E. L. Grimes Maness Roberts, E. S. Weinstein
Blank Griffin, J. J. Moody Surles Hathaway Marshburn Roberts, H.W. Westberry
Bodiford Grimes Musselman Sweeny Herrell McAlpin Rowell Williams, B.D.
Boyd Hathaway Orr Tillett Hopkins Merritt Saunders Williams,G.W.
Brewer Herrell Page Turlington Home Mitchell Shaffer Williams,J.R.A.
Bryant Hopkins Papy Usina Inman Moody Sheppard Youngberg
Burton Horne Patton Varn Jernigan Musselman Shipp Zelmenovitz
Carmine Inman Peeples Weinstein
Chaires Jernigan Petersen Westberry Nays:
Chappell Johnson,C.R.Jr. Pittman Williams, B.D.
Cleveland Johnson, Tom Pruitt Williams,G.W. Belser
Cobb Jones, D.C.Jr. Putnal Williams,J.R.A.
Coleman Jones, O. W. Revelle Youngberg Yeas-88.
Conner King Roberts, E. S. Zelmenovitz
Cook Knight Roberts, H. W. Nays-1.
Yeas-91. So the bill passed, title as stated, and was ordered certified
to the Senate.
Nays-None. Under Rule 46, House Bill No. 13-XX was laid on the table.
So the bill passed, title as stated, and was ordered certified
to the Senate. Without objection, consideration of House Bill No. 8-XX
was temporarily deferred.
Under Rule 46, House Bill No. 35-XX was laid on the table.
H. B. No. 7-XX-A bill to be entitled An Act making an
H. B. No. 13-XX-A bill to be entitled An Act making an appropriation from the General Revenue Fund to the South
appropriation from the General Revenue Fund for the General Florida Mental Hospital for operations for the fiscal year
Headquarters Building of the Department of Public Safety; 1956-57, supplementing the appropriation made under item
removing certain restrictions in the 1955 appropriations Act 23, Subsection (1) of Section 282.01, Florida Statutes, and
relating to second priority as they apply to this project; and providing an effective date.
providing an effective date.
-was taken up.
-was taken up.
Mr. Land moved that the House now take up and consider
Mr. Johnson of Hillsborough moved that the House now Senate Bill No. 6-XX, a companion measure to House Bill
take up and consider Senate Bill No. 14-XX, a companion No. 7-XX, now on the Calendar.
measure to House Bill No. 13-XX, now on the Calendar.
The motion was agreed to, and-
The motion was agreed to, and-
S. B. No. 6-XX(56)-A bill to be entitled An Act making an
S. B. No. 14-XX(56)-A bill to be entitled An Act making appropriation from the General Revenue Fund to the South
an appropriation from the General Revenue Fund for the Florida Mental Hospital for operations for the fiscal year
general headquarters building of the Department of Public 1956-57, supplementing the appropriation made under Item
Safety; removing certain restrictions in the 1955 Appropria- 23, Subsection (1) of Section 282.01, Florida Statutes, and
tions Act relating to second priority as they apply to this providing an effective date.
project; and providing an effective date.
--was taken up.
-was taken up.
Mr. Land moved that Senate Bill No. 6-XX be substituted
Mr. Johnson of Hillsborough moved that Senate Bill No. for and considered in lieu of House Bill No. 7-XX.
14-XX be substituted for and considered in lieu of House Bill
No. 13-XX. The motion was agreed to and Senate Bill No. 6-XX was
substituted for House Bill No. 7-XX.
The motion was agreed to and Senate Bill No. 14-XX was substituted for House Bill No. 7-XX.
substituted for House Bill No. 13-XX. Mr. Land Moved that the rules be waived and Senate Bill
Mr. Johnson of Hillsborough moved that the rules be waived No. 6-XX be read a second time by title.
and Senate Bill No. 14-XX be read a second time by title. The motion was agreed to by a two-thirds vote and Senate
The motion was agreed to by a two-thirds vote and Senate Bill No. 6-XX was read a second time by title.
Bill No. 14-XX was read a second time by title. Mr. Land moved that the rules be further waived and Senate
Bill No. 6-XX be read a third time in full and placed upon
Mr. Johnson of Hillsborough moved that the rules be further its passage.
waived and Senate Bill No. 14-XX be read a third time in full
and placed upon its passage. The motion was agreed to by a two-thirds vote and Senate
Bill No. 6-XX was read a third time in full.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 14-XX was read a third time in full. When the vote was taken on the passage of the bill the
result was:
When the vote was taken on the passage of the bill the
result was: Yeas:
Yeas: Mr. Speaker Beck Burton Conner
Alexander Belser Carmine Cook
Mr. Speaker Bartholomew Brewer Chappell Andrews Blank Chaires Costin
Alexander Beasley Bryant Cleveland Arrington Bodiford Chappell Crews
Andrews Beck Burton Cobb Ballinger Boyd Cleveland Cross
Arrington Blank Carmine Coleman Bartholomew Brewer Cobb Dukes
Ballinger Bodiford Chaires Conner Beasley Bryant Coleman Duncan













44 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

Frederick King Patton Stewart, C. D. So the bill passed, title as stated, and was ordered certified
Gibbons Knight Peeples Stewart, E. L. to the Senate.
Gleaton Lancaster Petersen Surles
Griffin,B.H.Jr. Land Pittman Sweeny Mr. Carmine moved that consideration of House Bill No.
Griffin, J. J. Livingston Pruitt Tillett 8-XX be indefinitely postponed.
Grimes Mahon Putnal Turlington The motion was agreed to and it was so ordered.
Hathaway Maness Revelle Usina
Herrell Marshburn Roberts, E. S. Varn S. B. No. 12-XX(56)-A bill to be entitled An Act relating
Hopkins McAlpin: Roberts, H.W. Weinstein to public school personnel; amending Subsection (2) of Sec-
Home Merritt Rowell Westberry tion 231.36, Florida Statutes, as enacted by Section 1, Chapter
Inman Mitchell Saunders Williams, B.D. 29890, Acts 1955, by authorizing the County Board of Public
Jernigan Moody Shaffer Williams,G.W. Instruction to choose school personnel from all available per-
Johnson,C.R.Jr. Musselman Sheppard Williams,J.R.A. sonnel when required to consolidate school programs; and pro-
Johnson, Tom Orr Shipp Youngberg viding an effective date.
Jones, D.C.Jr. Page Smith, S. C.
Jones, 0. W. Papy Smith,S.N.,Jr. -was taken up.
Yeas-90. Mr. Surles moved that the rules be waived and Senate Bill
No. 12-XX be read a second time by title.
Nays-None.
The motion was agreed to by a two-thirds vote and Senate
So the bill passed, title as stated, and was ordered certified Bill No. 12-XX was read a second time by title.
to the Senate.
The Committee on Internal Affairs & Education-Special of-
Under Rule 46, House Bill No. 7-XX was laid on the table, fered the following amendment to Senate Bill No. 12-XX:
Strike out: Sections 1 and 2 and insert in lieu thereof the fol-
CONSIDERATION OF SENATE GENERAL BILLS lowing: "Section 1. Subsection (2) of section 231.36, Florida
FOR SECOND READING Statutes, being section 1 of chapter 29890, acts 1955, is amend-
Committee Substitute for S. B. No. 4-XX(56)-A bill to be ed to read:
entitled An Act making an appropriation from the General 231.36 Contracts with instructional staff and with profes-
Revenue Fund for planning the construction of a new farm sional administrative assistants.-
colony for the epileptic and feeble-minded; authorizing the
Board of Commissioners of State Institutions to select and (2) Should the county board of public instruction have to
acquire a site in Lee County, Florida; authorizing the acqui- choose from among its personnel who are on continuing con-
sition and conveyance of lands by Lee County for such pur- tracts as to which should be retained, among the criteria to
poses; and providing an effective date. be considered shall be educational qualifications, efficiency,
compatibility, character, and capacity to meet the educational
-was taken up. needs of the community. Whenever a county board is required
Mr. Carmine moved that the rules be waived and Commit- to or does consolidate its school program at any given school
tee Substitute for Senate Bill No. 4-XX be read a second time center by bring together pupils theretofore assigned to sep-
arated schools, the county board may determine on the basis of
by title. the foregoing criteria from its own personnel, and any other
The motion was agreed to by a two-thirds vote and Com- certificated teachers, which teachers shall be employed for serv-
mittee Substitute for Senate Bill No. 4-XX was read a second ice at this school center, and any teacher no longer needed may
time by title, be dismissed. The decision of the board shall not be con-
trolled by any previous contractural relationship. In the eval-
Mr. Carmine moved that the rules be further waived and nation of these factors the decision of the county board of
Committee Substitute for Senate Bill No. 4-XX be read a third public instruction shall be final.
time in full and placed upon its passage. Section 2. It is declared to be the legislative intent that if
The motion was agreed to by a two-thirds vote and Com- any section, subsection, sentence, clause, or provision of this
mittee Substitute for Senate Bill No. 4-XX was read a third act is held invalid, the remainder of the act shall not be
time in full. affected.
When the vote was taken on the passage of the bill, the Section 3. This act shall become effective immediately upon
result was: becoming a law."
Yeas: Mr. Surles moved the adoption of the amendment.
Mr. Speaker Costin Lancaster Rowell The motion was agreed to and the amendment was adopted.
Alexander Crews Land Saunders
Andrews Cross Livingston Shaffer The Committee on Internal Affairs & Education-Special of-
Arrington Dukes Mahon Sheppard fered the following amendment to Senate Bill No. 12-XX:
Ballinger Duncan Maness Shipp
Bartholomew Frederick Marshburn Smith, S. C. Strike out all of the title and insert the following in lieu
Beasley Gibbons McAlpin Smith,S.N.,Jr. thereof:
Beck Gleaton Merritt Stewart, C.D. "An act irlating to public school personnel, amending sub-
Belser Griffin,B.H.Jr. Mitchell Stewart, E. L. section (2) of -ection 231.36, Florida Statutes, as enacted by
Blank Griffin, J. J. Moody Surles Section 1, Chapter 29890, Acts of 1955, authorizing the County
Bodiford Grimes Musselman Sweeny Board of Public -Instruction to choose school personnel from
Boyd Hathaway Orr Tillett all available personnel and certificated teachers when said
Brewer Herrell Page Turlington board is required to or does consolidate its school program at
Bryant Hopkins Papy Usina any school center and to dismiss any teacher or teachers not
Burton Home Patton Varn needed without regard to any previous contractural relation-
Carmine Inman Peeples Weinstein ship; providing that the decision of said board shall be final
Chaires Jernigan Petersen Westberry and providing an effective date."
Chappell Johnson,C.R.Jr. Pittman Williams, B.D.
Cleveland Johnson, Tom Pruitt Williams,G.W. Mr. Surles moved the adoption of the amendment.
Cobb Jones, D.C.Jr. Putnal Youngberg
Coleman Jones, O. W. Revelle Zelmenovitz The motion was agreed to and the amendment was adopted.
Conner King Roberts, E. S. Mr. Surles -moved that the rules be further waived and
Cook Knight Roberts, H. W. Senate Bill No. 12-XX, as amended, be read a third time in
full and placed upon its passage.
Yeas-90.-
The motion was agreed to by a two-thirds vote and Senate
Nays-None. Bill No. 12-XX, as amended, was read a third time in full.












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 45

When the vote was taken on the passage of the bill the "An Act to confer additional emergency powers upon the
result was: Governor of Florida; to authorize and empower the Governor
to promulgate and enforce rules and regulations to protect
Yeas: the public against violence, property damage and overt threat
Mr. Speaker Crews Land Shaffer of violence; to authorize the state military forces and law
Alexander Cross Livingston Sheppard enforcement agencies of state or county to enforce rules and
Andrews Dukes Mahon Shipp regulations; to provide for posting rules and regulations and
Arrington Duncan Maness Smith, S. C. filing with the Secretary of State; providing an effective date;
Ballinger Frederick Marshburn Smith,S.N.,Jr. and providing an expiration date."
Bartholomew Gibbons McAlpin Stewart, C. D. Mr. Gibbons moved the adoption of the amendment.
Beasley Gleaton Merritt Stewart, E. L.
Beck Griffin,B.H.Jr. Mitchell Surles The motion was agreed to and the amendment was adopted.
Belser Griffin, J. J. Moody Sweeny
Blank Grimes Musselman Tillett Mr. Okell asked to be recorded present.
Boyd Hathaway Page Turlington Mr. Gibbons moved that the rules be further waived and
Brewer Herrell Papy Usina Senate Bill No. 10-XX, as amended, be read a third time in
Bryant Hopkins Patton Varn full and placed upon its passage.
Burton Home Peeples Weinstein
Carmine Inman Petersen Westberry The motion was agreed to by a two-thirds vote and Senate
Chaires Jernigan Pittman Williams, B.D. Bill No. 10-XX, as amended, was read a third time in full.
Chappell Johnson,C.R.Jr. Pruitt Williams,G.W.
Cleveland Johnson, Tom Putnal Williams,J.R.A. When the vote was taken on the passage of the bill the
Cobb Jones, D.C.Jr. Revelle Youngberg result was:
Coleman Jones, O. W. Roberts, E. S. Zelmenovitz
Conner King Roberts, H. W. Yeas.
Cook Knight Rowell Mr. Speaker Cobb King Shipp
Costin Lancaster Saunders Alexander Cook Land Smith, S. C.
y Andrews Costin Livingston Smith,S.N.,Jr.
Arrington Crews Mahon Stewart, C. D.
Orr Ballinger Dukes Maness Stewart, E. L.
Bartholomew Duncan Merritt Surles
Yeas-89. Beasley Frederick Mitchell Sweeny
Beck Gibbons Moody Turlington
Nays-1. Belser Griffin,B.H.Jr. Musselman Usina
So the bill passed, as amended, and was ordered engrossed. Blank Griffin, J.J. Papy Varn
Bodiford Grimes Patton Weinstein
Mr. Surles moved that House Bill No. 4-XX be withdrawn Boyd Herrell Peeples Westberry
from the Committee on Internal Affairs & Education-Special Brewer Hopkins Pittman Williams,G.W.
and from further consideration of the House. Bryant Home Putnal Williams,J.R.A.
Burton Inman Roberts, E. S. Youngberg
The motion was agreed to and it was so ordered. Carmine Jernigan Rowell Zelmenovitz
S. B. No. 10-XX(56)-A bill to be entitled An Act to Chaires Johnson,C.R.Jr. Saunders
confer additional emergency powers upon the Governor of Chappell Johnson, Tom Shaffer
Florida; to authorize and empower the Governor to promulgate Cleveland Jones, W. Sheppar
and enforce rules and regulations to protect the public against Nays.
violence, property damage and overt threat of violence; to
authorize the State Military Forces and Law Enforcement Coleman Jones, D.C.Jr. Orr Roberts, H. W.
Agencies of State or County to enforce rules and regulations; Conner Knight Page Tillett
to provide for posting rules and regulations and filing with Cross Lancaster Petersen Williams, B.D.
the Secretary of State; providing an effective date. Gleaton Marshburn Pruitt
-was taken up. Hathaway McAlpin Revelle
Mr. Gibbons moved that the rules be waived and Senate Yeas-73.
Bill No. 10-XX be read a second time by title.
Nays-18.
The motion was agreed to by a two-thirds vote and Senate
Bill No. 10-XX was read a second time by title. Mr. Okell was given unanimous consent to be recorded as
voting "yea" on Senate Bill No. 10-XX.
The Committee on Internal Affairs & Education-Special
offered the following amendment to Senate Bill No. 10-XX: So the bill passed, as amended, and was ordered engrossed.
Strike out Section 4 and insert the following in lieu S. B. No. 13-XX(56)-A bill to be entitled An Act to confer
thereof: "Section 4. The powers herein granted are sup- additional powers upon the Governor of the State of Florida;
plemental to and in aid of powers now vested in the Gov- to authorize and empower the Governor of the State of Florida
ernor of the State of Florida under the Constitution, statu- to protect the public against violence, property damage and
tory laws and police powers of said State." overt threats of violence; to issue his proclamation and order;
to authorize and direct the State Militia, the Sheriffs, or any
Mr. Gibbons moved the adoption of the amendment. State or County official of the State of Florida to prevent and
The motion was agreed to and the amendment was adopted. quell tumults, riots or unlawful assemblies and to provide for
the enforcement of the Governor's proclamation relating to
The Committee on Internal Affairs & Education-Special the same by all the courts of the State of Florida.
offered the following amendment to Senate Bill No. 10-XX:
-was taken up.
Strike out Section 6 and insert the following in lieu there-
of: "Section 6. This Act shall take effect immediately upon Mr. Smith of Indian River moved that the rules be waived
its becoming a law and shall continue in full force and effect and Senate Bill No. 13-XX be read a second time by title.
until July 1, 1961." The motion was agreed to by a two-thirds vote and Senate
Mr. Gibbons moved the adoption of the amendment. Bill No. 13-XX was read a second time by title.
The motion was agreed to and the amendment was adopted. The Committee on Internal Affairs & Education-Special of-
fered the following amendment to Senate Bill No. 13-XX:
The Committee on Internal Affairs & Education-Special
offered the following amendment to Senate Bill No. 10-XX: In Section 2, following the words "hereby further authorized
Strike out the title and insert the following in lieu thereof: and empowered" strike out the remainder of said section and












46 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

insert the following in lieu thereof: ", to cope with said threats Merritt Putnal Smith, S. C. Varn
and danger, to order and direct any individual person, corpora- Mitchell Roberts, E. S. Smith,S.N.,Jr. Weinstein
tion, association or group of persons to do any act which would Musselman Roberts, H. W. Stewart, C. D. Westberry
in his opinion prevent danger to life, limb or property, pre- Okell Rowell Stewart, E. L. Williams,G.W.
vent a breach of the peace or he may order such individual Papy Saunders Surles Williams,J.R.A.
person, corporation, association or group of persons to re- Patton Shaffer Sweeny Youngberg
rain from doing any act or thing which would, in his opinion, Petersen Sheppard Turlington Zelmenovitz
endanger life, limb, or property, or cause, or tend to cause, a Pittman Shipp Usina
breach of the peace, or endanger the peace and good order
of society, and shall have full power by appropriate means to Nays.
enforce such order or proclamation."
enforce such order or proclamation.Coleman Lancaster Page Williams, B.D.
Mr. Smith of Indian River moved the adoption of the amend- Cross Marshburn Pruitt
ment. Hathaway McAlpin Revelle
The motion was agreed to and the amendment was adopted. Knight O Tillett
Yeas-75.
The Committee on Internal Affairs & Education-Special of-
fered the following amendment to Senate Bill No. 13-XX: Nays-13.
Strike out Section 5 and insert the following in lieu thereof:
"Section 5. The powers herein granted are supplemental to and Mr. Moody was given unanimous consent to be recorded as
in aid of powers now vested in the Governor of the State of voting "yea" on Senate Bill No. 13-XX.
Florida under the Constitution, statutory laws and police pow- So the bill passed, as amended, and was ordered engrossed.
ers of said State." EXPLANATION OF VOTE
EXPLANATION OF VOTE
Mr. Smith of Indian River moved the adoption of the amend-ed "nay" on Senate Bills Nos. 1-XX and 13-XX be-
ment. I voted "nay" on Senate Bills Nos. 10-XX and 13-XX be-
cause I felt that this power conferred on the Executive branch
The motion was agreed to and the amendment was adopted. of government could be used to enforce integration instead
of maintaining segregation. Inasmuch as the present Chief
The Committee on Internal Affairs & Education-Special of- Executive did make an appointment which broke strict segre-
fered the following amendment to Senate Bill No. 13-XX: gation lines in Dade County, I feel this power excessive.
Strike out Section 6 and insert the following in lieu thereof:
"Section 6. This Act shall take effect immediately upon its JOHN M. HATHAWAY
becoming a law and shall continue in full force and effect until Representative from Charlotte County
July 1, 1961."
July 1, 1961.EXPLANATION OF VOTE BY JOHN B. ORR, JR., REP-
Mr. Smith of Indian River moved the adoption of the amend- RESENTATIVE FROM DADE COUNTY, ON SENATE BILLS
ment. NOS. 10-XX, 11-XX, 12-XX, 13-XX and SENATE CONCUR-
RENT RESOLUTION NO. 17-XX.
The motion was agreed to and the amendment was adopted.
Gentlemen, I wish to explain my votes on the several segre-
The Committee on Internal Affairs & Education-Special gation bills which have been passed during this Special Ses-
offered the following amendment to Senate Bill No. 13-XX: sion. Due to the delicacy of the subject matter, I have written
Strike out the title and insert the following in lieu this speech.
thereof: "AN ACT in aid of existing powers and to confer I appreciate and understand how strongly many of you
additional powers upon the Governor of the State of Florida; feel about the necessity of preserving segregation even though
to authorize and empower the Governor of the State of Florida it has been declared to be violative of our basic law. I trust
to protect the public against violence, property damage and that you will attempt to understand my position. I will state
overt threats of violence; to issue his proclamation and order; it as succinctly as my control of language permits.
to order and direct any person, corporation, association, or
group of persons, to prevent or refrain from causing damage First, I favor the gradual integration of our public school
to life, limb or property, or a breach of the peace; to authorize system. In view of the fact that our custom of segregation
and direct the State Militia, the sheriffs, or the State High- is one of long standing, I realize that this cannot be changed
way Patrol, or any state or county official of the State of overnight as the consequence of governmental edict but I
Florida to maintain peace and good order, to provide for the do not understand the decision of the Supreme Court of the
enforcement of the Governor's proclamation relating to the United States to require that abrupt a change. I believe,
same by all the courts of the State of Florida, providing for moreover, that had we devoted as much energy, time, and
the time limit within which this act shall be effective." talent to discovering means to live under the law instead
of in defiance of it, we could have discovered a way.
Mr. Smith of Indian River moved the adoption of the
amendment. I believe segregation is morally wrong. The existence of
second class citizens is repugnant to our great democratic
The motion was agreed to and the amendment was adopted, principles. The fact that the custom is one of long-standing
makes it no less wrong. Surely not many of you would argue
Mr. Smith of Indian River moved that the rules be further today that slavery was morally justifiable and yet this was a
waived and Senate Bill No. 13-XX, as amended, be read a custom of long standing.
third time in full and placed upon its passage.
The pigmentation of one's skin is no rational basis for setting
The motion was agreed to by a two-thirds vote and Senate him apart. But proponents of segregation say that God in-
Bill No. 13-XX, as amended, was read a third time in full. tended this; that He created the European continent for the
white man, the Asian for the Yellow, the African for the
When the vote was taken on the passage of the bill the Black, and the American for the Red Man. Of course the
result was: logical inference from this type of reasoning is that we should
give the country back to the Indians. No, I believe that God
Yeas. intended us to live in harmony under the Brotherhood of
Man, and that His plan has been sidetracked from time to
Mr. Speaker Boyd Costin Hore time by humans who have felt the necessity of having some-
Alexander Brewer Crews Inman one to look down upon. I believe that most of our problems,
Andrews Bryant Dukes Jernigan most of our wars, are a consequence of this type of inferiority
Arrington Burton Duncan Johnson,C.R.Jr. complex.
Ballinger Carmine Frederick Johnson, Tom
Bartholomew Chaires Gibbons Jones, O. W. Examine the effect of our Southern attitude on international
Beasley Chappell Griffin,B.H.Jr. King affairs. We of the White race are a minority group. Our
Beck Cleveland Griffin, J. J. Land diplomats preach, and are backed up by our Constitution,
Belser Cobb Grimes Livingston that we do not discriminate on the basis of race, color, or
Blank Conner Herrell Mahon creed. Each time that we do not practice what our officials
Bodiford Cook Hopkins Maness preach, the Communists score a propaganda victory. They












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 47

have used this with alarming success against us in Asia. We dom and strength to conquer prejudice and bigotry and to
have provided them with ammunition more effective than renew our faith in our Constitution.
the hydrogen bomb in this Special Session. If we hope to
maintain our leadership among the free peoples of the world, Meantime, I will take solace in the prayer our chaplain
if we hope to give hope to those subjugated peoples behind delivered last Tuesday: "Help us, thus, to see that it is
the Iron and Bamboo Curtains, we must demonstrate by our better to fail in a just cause that will ultimately succeed,
acts as well as our words that our democratic form of govern- than to succeed in an unrighteous cause that will ultimately
ment places no artificial barriers on the opportunity to live fail."
and work with our fellow man.
and work with our fellow man. S. B. No. 7-XX(56)-A bill to be entitled An Act making an
Passing from the moral and international problems, what appropriation from the General Revenue Fund to the Depart-
has been the effect on our economy? ment of Public Safety for operations, to supplement the appro-
priation made under Item 46, Subsection (1) of Section 282.01,
We have not provided equal but separate educational facili- Florida Statutes; and providing an effective date.
ties and I don't believe this is possible. As a consequence of
the disparity in educational facilities, we in the South have --was taken up.
had over the years a large segment of our population which
has been poorly educated. The result has been that the living Mr. Johnson of Hillsborough moved that the rules be
standards of all of us have been pulled down. Our wage rates waived and Senate Bill No. 7-XX be read a second time by
are lower, our disease rates are higher. Every facet of our title.
life has been adversely affected by the artificial barrier we The motion was agreed to by a two-thirds vote and Senate
ave created and maintained. Bill No. 7-XX was read a second time by title.
In recent years we have made much economic progress in Mr. Johnson of Hillsborough moved that the rules be fur-
the South. I believe this has been due, in part, to the elimina- thr waived and Senate ill No. 7-XX be read a third time in
tion or reduction of discrimination in many fields. More full and placed upon its passage.
Negroes are participating in our political life. They serve on ul and d ts passage.
our juries; they vote in our elections; they serve on our police The motion was agreed to by a two-thirds vote and Senate
departments and serve as judges. It might be well to men- Bill No. 7-XX was read a third time in full.
tion here that they fight beside us in time of war.
When the vote was taken on the passage of the bill the
To continue to progress, I believe we have an obligation, result was:
not just to the Negro, but also to ourselves to provide the
same educational facilities to all children regardless of race
or color or creed. This cannot be accomplished in a segregated Yeas:
system. Mr. Speaker Crews Lancaster Sheppard
I predict that none of the measures passed or proposed Alexander Cross Land Shipp
will accomplish the result you seek. Despite the clever lan- Andrews Dukes Livingston Smith, S. C.
guage employed, the Supreme Court will surely see through Arrington Duncan Mahon Smith,S.N.,Jr.
the Fabisinski Committee Bills and will strike them down. Ballinger Frederick Maness Stewart, C. D.
Bartholomew Gibbons Marshburn Stewart, E. L.
Neither will interposition work. Interposition is that doc- Beasley Gleaton McAlpin Surles
trine which requires one side to put on blue uniforms and Blank Griffin,B.H.Jr. Merritt Sweeny
the other side gray ones. We tried that before and I doubt Bodiford Griffin, J. J. Moody Tillett
that General Lowry will be able to accomplish what General Boyd Grimes Musselman Turlington
Lee failed to do. Brewer Hathaway Okell Usina
None of these attempts will succeed ultimately and further- Bryant Herrell Orr Varn
more upon their failure, complete integration may be im- Burton Hopkins Patton Weistein
posed immediately upon us without our having made ade- Carmine Horne Petersen Westberry
quate plans to orient our people to the change. Chaires Inman Pittman Williams, B.D.
Chappell Jernigan Pruitt Williams,G.W.
But perhaps the most dangerous by-product of our activ- Cleveland Johnson,C.R.Jr. Putnal Williams,J.R.A.
ity in this Special Session and of the political campaigns Cobb Johnson, Tom Revelle Youngberg
that preceded it, and are responsible for it, is the attitude Coleman Jones, D.C.Jr. Roberts, E. S. Zelmenovitz
of disrespect for our laws and the principles of common de- Conner Jones, O. W. Rowell
cency that is developing. To defy the highest court in our Cook King Saunders
land is unthinkable to me. As a lawyer, I've frequently dis- Costin Knight Shaffer
agreed with decisions of all of our courts-most particularly
when they rule against me-but I wouldn't think of telling Nays.
my clients to ignore the decisions. Neither would you. Mitchell Belser
You wouldn't cheat on an examination and you wouldn't Yeas85.
condone cheating of graders. Yet the efficacy of the student
admission plan to maintain segregation depends on who grades Nays-2.
the papers or who gives the tests. This is demonstrated by
the colloquy that occurred during the committee hearing. Messrs. Papy and Beck were given unanimous consent to
One member expressed doubt that this plan would prevent be recorded as voting "yea" on Senate Bill No. 7-XX.
integration because some colored children would be as bright
as the white children and would come from homes of com- So the bill passed, title as stated, and was ordered certified
parable backgrounds. His doubt was dissipated when reminded to the Senate.
by another-"who will be giving the tests." Mr. Johnson of Hillsborough moved that House Bill No.
The development of this kind of attitude will surely weaken 12-XX be withdrawn from the Committee on Public Safety
the moral fiber of our government and of our community life. and from further consideration of the House.
For us to set an example of hypocrisy and deceit-of disrespect
for our laws-will surely do more harm to our children than The motion was agreed to and it was so ordered.
will result from their being seated in a classroom next to S. B. No. 8-XX(56)-A bill to be entitled An Act relating
one whose skin is of a different hue. to the compensation of employees and officers of the Florida
Highway Patrol; amending Subsection (1) of Section 321.07,
It is not my intention to condemn any of you personally. Florida Statutes, as amended by Section 1, Chapter 29962,
I have great respect and personal admiration for most of Acts 1955; and providing an effective date.
you. I simply felt constrained to point out what I believe
to have been a grave mistake. -was taken up.

When we finally have to face up to this problem, and we Mr. Johnson of Hillsborough moved that the rules be waived
surely will be required to, I hope that God gives us the wis- and Senate Bill No. 8-XX be read a second time by title.












48 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

The motion was agreed to by a two-thirds vote and Senate Cook Johnson,C.R.Jr. Orr Smith,S.N.,Jr.
Bill No. 8-XX was read a second time by title. Costin Johnson, Tom Page Stewart, C. D.
Crews Jones, D.C.Jr. Papy Stewart, E. L.
Mr. Johnson of Hillsborough moved that the rules be fur- Cross Jones, DO.W. Patton Surles
their waived and Senate Bill No. 8-XX be read a third time in Dukes King Peep]es Sweeny
full and placed upon its passage. Duncan Knight Petersen Tillett
The motion was agreed to by a two-thirds vote and Senate Frederick Lancaster Pittman Turlington
Bill No. 8-XX was read a third time in full. Gibbons Land Pruitt Usina
Gleaton Livingston Putnal Varn
When the vote was taken on the passage of the bill the Griffin,B.H.Jr. Mahon Revelle Weinstein
result was: Griffin, J. J. Maness Roberts, E. S. Westberry
Grimes Marshburn Roberts, H. W. Williams, B.D.
Yeas: Hathaway McAlpin Rowell Williams,G.W.
Mr. Speaker Crews Land Shaffer Herrell Merritt Saunders Williams,J.R.A.
Alexander Cross Livingston Sheppard Hopkins Mitchell Shaffer Youngberg
Andrews Dukes Mahon Shipp Home Moody Sheppard Zelmenovitz
Arrington Duncan Maness Smith, S. C. Inman Musselman Shipp
Ballinger Frederick Marshburn Smith,S.N.,Jr. Jernigan Okell Smith, S. C.
Bartholomew Gibbons McAlpin Stewart, C. D. Yeas-90.
Beasley Gleaton Merritt Stewart, E. L. N No
Beck Griffin,B.H.Jr. Moody Surles Nays-None.
Blank Griffin, J. J. Musselman Sweeny So the bill passed, title as stated, and was ordered immedi-
Bodiford Grimes Okell Tillett ately certified to the Senate.
Boyd Hathaway Orr Turlington Mr. Herrell moved that House Bill No. 19-XX be withdrawn
Brewer Herrell Page Usina from further consideration of the House.
Bryant Hopkins Papy Varn
Burton Horne Patton Weinstein The motion was agreed to, and it was so ordered.
Carmine Inman Petersen Westberry H. B. No. 21-XX-A bill to be entitled An Act amending
Chaires Jernigan Pittman Williams, B.D. Section 26.11, Florida Statutes, relating to the Tenth Judicial
Chappell Johnson,C.R.Jr. Pruitt Williams,G.W. Circuit; providing for the number of Circuit Judges and Official
Cleveland Johnson, Tom Putnal Williams,J.R.A. Census of the Counties thereof; fixing an effective date.
Cobb Jones, D.C.Jr. Revelle Youngberg
Coleman Jones, O. W. Roberts, E. S. Zelmenovitz -was taken up.
Conner King Roberts, H. W. Mr. Surles moved that the rules be waived and House Bill
Cook Knight Rowell No. 21-XX be read a second time by title.
Costin Lancaster Saunders
The motion was agreed to by a two-thirds vote and House
Nays: Bill No. 21-XX was read a second time by title.
Belser Mitchell Mr. Surles of Polk offered the following amendment to House
Bill No. 21-XX:
Yeas-89.
In Section 1, line 13, following the words: "or by any other"
Nays-2. insert the following: "Commission, Commissioners or."
So the bill passed, title as stated, and was ordered certified Mr. Surles moved the adoption of the amendment.
to the Senate. The motion was agreed to and the amendment was adopted.
CONSIDERATION OFHOUSE GENERAL BILLS OF Mr. Surles moved that the rules be further waived and House
LOCAL APPLICATION FOR SECOND READING Bill No. 21-XX, as amended, be read a third time in full and
H. B. No. 17-XX-A bill to be entitled An Act to amend placed upon its passage.
Chapter 28521, Laws of Florida, Acts of 1953, being An Act to The motion was agreed to by a two-thirds vote and House
amend Chapter 22683, Laws of Florida, Acts of 1945, relating Bill No. 21-XX, as amended, was read a third time in full.
to employment and compensation of secretaries of Circuit
Judges in each of the Judicial Circuits of Florida comprised of When the vote was taken on the passage of the bill the re-
three counties and having a population of not less than one suit was:
hundred thousand (100,000), nor more than two hundred
thousand (200,000), according to the last official census, by Yeas:
increasing the compensation allowed said Secretaries, by pro- Mr. Speaker Cross Livingston Saunders
viding additional compensation; fixing an effective date. Alexander Dukes Mahon Shaffer
Stakn u Andrews Duncan Maness Sheppard
-was taken u. Arrington Frederick Marshburn Shipp
Mr. Surles moved that the rules be waived and House Bill Ballinger Gibbons McAlpin Smith, S. C.
No. 17-XX be read a second time by title. Bartholomew Gleaton Merritt Smith,S.N.,Jr.
Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
The motion was agreed to by a two-thirds vote and House Beck Griffin, J. J. Moody Stewart, E. L.
Bill No. 17-XX was read a second time by title. Belser Grimes Musselman Surles
Bodiford Hathaway Okell Sweeny
Mr. Surles moved that the rules be further waived and House Boyd Herrell Orr Tillett
Bill No. 17-XX be read a third time in full and placed upon Brewer Hopkins Page Turlington
its passage. Burton Home Papy Usina
Carmine Inman Patton Varn
The motion was agreed to by a two-thirds vote and House Chaires Jernigan Peeples Weinstein
Bill No. 17-XX was read a third time in full. Chappell Johnson,C.R.Jr. Petersen Westberry
Cleveland Johnson, Tom Pittman Williams, B.D.
When the vote was taken on the passage of the bill the Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
result was: Coleman Jones, O. W. Putnal Williams,J.R.A.
Conner King Revelle Youngberg
Yeas: Cook Knight Roberts, E. S. Zelmenovitz
Mr. Speaker Bartholomew Boyd Chappell Costin Lancaster Roberts, H. W.
Alexander Beasley Brewer Cleveland Crews Land Rowell
Andrews Beck Burton Cobb Yeas-90.
Arrington Belser Carmine Coleman
Ballinger Bodiford Chaires Conner Nays-None.












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 49

Yeas:
So the bill passed, as amended, and was ordered engrossed.
Mr. Speaker Cross Livingston Saunders
H. B. No. 37-XX-A bill to be entitled An Act authorizing Alexander Dukes Mahon Shaffer
any municipal corporation in counties with a population of Andrews Duncan Maness Sheppard
not less than 28,900 and not more than 34,500 inhabitants, ac- Arrington Frederick Marshburn Shipp
cording to the last Federal census, to expend a sum not to Ballinger Gibbons McAlpin Smith, S. C.
exceed $175,000.00 out of funds received under and by virtue Bartholomew Gleaton Merritt Smith,S.N.,Jr.
of Chapter 210, tax on cigarettes, Florida Statutes 1955, or Beasley Griffin,B.H.Jr. Mitchell Stewart, C.D.
any reenactment thereof, for the purpose of constructing a Beck Griffin, J. J. Moody Stewart, E. L.
municipal swimming pool or swimming pools; also authorizing Belser Grimes Musselman Surles
the expenditure of any other available funds including dona- Bodiford Hathaway Okell Sweeny
tions, for such purposes; repealing all laws and parts of laws, Boyd Herrell Orr Tillett
whether general or special, in conflict with this Act to: the Brewer Hopkins Page Turlington
extent of such conflict; and providing when this Act shall Burton Home Papy Usina
take effect. Carmine Inman Patton Varn
Chaires Jernigan Peeples Weinstein
-was taken up. Chappell Johnson,C.R.Jr. Petersen Westberry
Mr. Papy moved that the rules be waived and House Bill Cleveland Johnson, Tom Pittman Williams, B.D.
No. 37-XX be read a second time by title. Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
Coleman Jones, O. W. Putnal Williams,J.R.A.
The motion was agreed to by a two-thirds vote and House Conner King Revelle Youngberg
Bill No. 37-XX was read a second time by title. Cook Knight Roberts, E. S. Zelmenovitz
Costin Lancaster oberts, H. W.
Mr. Papy moved that the rules be further waived and House Corews Landster well
Bill No. 37-XX be read a third time in full and placed upon
its passage. Yeas-90.
The motion was agreed to by a two-thirds vote and House
Bill No. 37-XX was read a third time in full. Nays-None.
When the vote was taken on the passage of the bill the So the bill passed, title as stated, and was ordered immediate-
result was: ly certified to the Senate.
Yeas: H. B. No. 20-XX-A bill to be entitled An Act authorizing
an increase in taxation for mosquito and/or arthropod control
Mr. Speaker Cross Livingston Saunders within Pinellas County, State of Florida; providing for the
Alexander Dukes Mahon Shaffer levying and collecting of such tax for the control of mosquitoes
Andrews Duncan Maness Sheppard and/or arthropods; defining arthropods; repealing all laws
Arrington Frederick Marshburn Shipp limiting amount of taxes to be levied in said County for the
Ballinger Gibbons McAlpin Smith, S. C. control thereof; fixing an effective date.
Bartholomew Gleaton Merritt Smith,S.N.,Jr.
Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D. -was taken up.
Beck Griffin, J. J. Moody Stewart, E. L.
Belser Grimes Musselman Surles Mr. Johnson of Pinellas moved that the rules be waived and
Bodiford Hathaway Okell Sweeny House Bill No. 20-XX be read a second time by title.
Boyd Herrell Orr Tillett The motion was agreed to by a two-thirds vote and House
Brewer Hopkins Page Turlington Bill No. 20-XX was read a second time by title.
Burton Home Papy Usina
Carmine Inman Patton Varn Mr. Johnson of Pinellas moved that the rules be further
Chaires Jernigan Peeples Weinstein waived and House Bill No. 20-XX be read a third time in full
Chappell Johnson,C.R.Jr.Petersen Westberry and placed upon its passage.
Cleveland Johnson, Tom Pittman Williams, B.D.
Cobb Jones, D.C.Jr. Pruitt Williams,G.W. The motion was agreed to by a two-thirds vote and House
Coleman Jones, O. W. Putnal Williams,J.R.A. Bill No. 20-XX was read a third time in full.
Conner Knght Roees, E.S. ZelYo beit When the vote was taken on the passage of the bill the re-
Costin Lancaster Roberts, H. W. s
Crews Land Rowell Yeas:
Yeas-90. Mr. Speaker Cross Livingston Saunders
Nays-None. Alexander Dukes Mahon Shaffer
Andrews Duncan Maness Sheppard
So the bill passed, title as stated, and was ordered immedi- Arrington Frederick Marshburn Shipp
ately certified to the Senate. Ballinger Gibbons McAlpin Smith, S. C.
CO RATIN OF H E LOCAL BILS FR Bartholomew Gleaton Merritt Smith,S.N.,Jr.
CONSIDERATION OF HOUSE LOCAL BILLS FOR Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
SECOND READING Beck Griffin, J. J. Moody Stewart, E. L.
H. B. No. 18-XX-A Bill to be entitled An Act to fix the com- Belser Grimes Musselman Surles
pensation of the Superintendent of Public Instruction of Flagler Bodiford Hathaway Okell Sweeny
County, Florida; to provide when this Act shall take effect. Boyd Herrell Orr Tillett
Brewer Hopkins Page Turlington
-was taken up. Burton Home Papy Usina
Carmine Inman Patton Varn
Mr. Cook moved that the rules be waived and House Bill Chaires Jernigan Peeples Weinstein
No. 18-XX be read a second time by title. Chappell Johnson,C.R.Jr. Petersen Westberry
The motion was agreed to by a two-thirds vote and House Cleveland Johnson, Tom Pittman Williams, B.D.
Bill No. 18-XX was read a second time by title. Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
Coleman Jones, O. W. Putnal Williams,J.R.A.
Mr. Cook moved that the rules be further waived and House Conner King Revelle Youngberg
Bill No. 18-XX be read a third time in full and placed upon Cook Knight Roberts, E. S. Zelmenovitz
its passage. Costin Lancaster Roberts, H. W.
The motion was agreed to by a two-thirds vote and House Crews Land Rowell
Bill No. 18-XX was read a third time in full.
Yeas-90.
When the vote was taken on the passage of the bill the
result was: Nays-None.













50 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

So the bill passed, title as stated, and was ordered imme- The motion was agreed to by a two-thirds vote and Senate
diately certified to the Senate. Bill No. 27-XX was read a third time in full.
Mr. Youngberg moved that further consideration of House When the vote was taken on the passage of the bill the
Bill No. 22-XX be indefinitely postponed. result was:
The motion was agreed to, and it was so ordered. Yeas:
H. B. No. 30-XX-A bill to be entitled An Act amending Mr. Speaker Cross Livingston Saunders
Chapter 28689, Laws of Florida, Acts of 1953, fixing the com- Alexander Dukes Mahon Shaffer
pensation and expenses of members of the Board of County Andrews Duncan Maness Sheppard
Commissioners of Bay County, Florida; providing effective Arrington Frederick Marshburn Shipp
date. Ballinger Gibbons McAlpin Smith, S. C.
Bartholomew Gleaton Merritt Smith,S.N.,Jr.
-was taken up. Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
Beck Griffin, J. J. Moody Stewart, E. L.
Mr. Bodiford moved that the rules be waived and House Belser Grimes Musselman Surles
Bill No. 30-XX be read a second time by title. Bodiford Hathaway Okell Sweeny
The motion was agreed to by a two-thirds vote and House Boyd Herrell Orr Tillett
Bill No. 30-XX was read a second time by title. Brewer Hopkins Page Turlington
Burton Home Papy Usina
Mr. Bodil rd moved that the rules be further waived and Carmine Inman Patton Varn
House Bill 'o. 30-XX be read a third time in full and placed Chaires Jernigan Peeples Weinstein
upon its passage. Chappell Johnson,C.R.Jr.Petersen Westberry
Cleveland Johnson, Tom Pittman Williams, B.D.
The motion was agreed to by a two-thirds vote and House Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
Bill No. 30-XX was read a third time in full. Coleman Jones, O. W. Putnal Williams,J.R.A.
Conner King Revelle Youngberg
When the vote was taken on the passage of the bill the re- Cook Knight Roberts, E. S. Zelmenovitz
sult was: Costin Lancaster Roberts, H. W.
Yeas: Crews Land Rowell

Mr. Speaker Cross Livingston Saunders Yeas-90.
Alexander Dukes Mahon Shaffer
Andrews Duncan Maness Sheppard Nays-None.
Arrington Frederick Marshburn Shipp
Ballinger Gibbons McAlpin Smith, S. C. So the bill passed, title as stated, and was ordered imme-
Bartholomew Gleaton Merritt Smith,S.N.,Jr. diately certified to the Senate.
Beasley Griffin,B.H.Jr. Mitchell Stewart, C.D. S. B. No. 15-XX(56)-A bill to be entitled An Act author-
Beck Griffin, J. J. Moody Stewart, E. L. izing the Board of Public Instruction of Hamilton County,
Belser Grimes Musselman Surles Florida, to construct and equip three gymnasiums in Hamilton
Bodiford Hathaway Okell Sweeny County, Florida; to provide for the payment thereof by issuing
Boyd Herrell Orr rillett interest bearing certificates and pledging certain race track
Brewer Hopkins Page Turlington funds allocated to Hamilton County, Florida, from the tax
Burton Home Papy Usina realized from Committee Substitute for Senate Bills 288 and
Carmine Inman Patton Varn 294 of the 1955 Session of the Legislature; to appropriate sums
Chaires Jernigan Peeples Weinstein heretofore paid Hamilton County under Section 4 of Chapter
Chappell Johnson,C.R.Jr.Petersen Westberry 30,000, Laws of Florida, 1955, for that purpose; to provide for
Cleveland Johnson, Tom Pittman Williams, B.D. the distribution of the remainder of said money and the dis-
Cobb Jones, D.C.Jr. Pruitt Williams,G.W. tribution after said certificates are retired.
Coleman Jones, O. W. Putnal Williams,J.R.A.
Conner King Revelle Youngberg -was taken up.
Cook Knight toberts, E. S. Zelmenovitz
Costn Lanighter .toberts, H. W. ZelMr. McAlpin moved that the rules be waived and Senate Bill
Creos Lanad well No. 15-XX be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Yeas-90. Bill No. 15-XX was read a second time by title.
Nays-None. Mr. McAlpin moved that the rules be further waived and
So the bill passed, title as stated, and was ordered imme- Senate Bill No. 15-XX be read a third time in full and placed
diately certified to the Senate. upon its passage.
CONSIDERATION OF SENATE LOCAL BILLS The motion was agreed to by a two-thirds vote and Senate
FOR SECOND READING Bill No.' 15-XX was read a third time in full.
S. B. No. 27-XX(56) -A bill to be entitled An Act providing When the vote was taken on the passage of the bill the re-
for the issuance of hospital bonds of Sarasota County, Florida; sult was:
providing for the disposition of the proceeds of such bonds;
providing for the levy annually of a special tax on all taxable Yeas:
property in said County to pay the principal of and interest Mr. Speaker Chappell Griffin, J. J. Land
on, said bonds; providing for a referendum election by free- Alexander Cleveland Grimes Livingston
holders who are qualified electors of Sarasota County, Florida, Andrews Cobb Hathaway Mahon
to pass on this Act and to pass on the issuance of said bonds. Arrington Coleman Herrell Maness
-was taken up. Ballinger Conner Hopkins Marshburn
Bartholomew Cook Horne McAlpin
Mr. Youngberg moved that the rules be waived and Senate Beasley Costin Inman Merritt
Bill No. 27-XX be read a second time by title. Beck Crews Jernigan Mitchell
Belser Cross Johnson,C.R.Jr. Moody
The motion was agreed to by a two-thirds vote and Senate Bodiford Dukes Johnson, Tom Musselman
Bill No. 27-XX was read a second time by title. Boyd Duncan Jones, D.C.Jr. Okell
Brewer Frederick Jones, O. W. Orr
Mr. Youngberg moved that the rules be further waived and Burton Gibbons King Page
Senate Bill No. 27-XX be read a third time in full and placed Carmine Gleaton Knight Papy
upon its passage. Chaires Griffin,B.H.Jr. Lancaster Patton












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 51

Peeples Rowell Stewart, E. L. Westberry and the psychiatric clinic for the Industrial School for Boys
Petersen Saunders Surles Williams, B.D. in Marianna.
Pittman Shaffer Sweeny Wiiliams,G.W.
Pruitt Sheppard Tillett Williams,J.R.A. The State Budget Commission has, as required by law, here-
Putnal Shipp Turlington Youngberg tofore certified to the Board of Commissioners of State Insti-
Revelle Smith, S. C. Usina Zelmenovitz tutions the fact that funds are expected to be available suf-
Roberts, E. S. Smith,S.N.,Jr. Varn ficient to cover all of the appropriations enacted in the 1955
Roberts, H. W. Stewart, C. D. Weinstein session of the Legislature.
Yeas-90. I, therefore, respectfully recommend that legislation be
enacted permitting the planning and contracting for the con-
Nays-None. struction of the items listed as Second Priority by the 1955
regular session of the Legislature without further delay.
So the bill passed, title as stated, and was ordered imme-
diately certified to the Senate. 2. The Jacksonville Expressway Authority is now engaged
in securing rights of way for the Expressway System. At the
Mr. Okell moved that the House adjourn at 2:00 P. M. today. present time it has a number of condemnation suits pending.
The motion was agreed to, and it was so ordered. Within the past two weeks, two of the Circuit Judges in Duval
County have held that, while the Authority has the power of
Mr. Okell moved that the rules be waived and the House eminent domain, it does not have the right to an order of
revert to the order of Motions Relating to Committee Refer- taking during the course of condemnation proceedings. This
ence. right of taking has been approved as a matter of policy by
the State in authority granted by the Legislature to the State
The motion was agreed to by a two-thirds vote, and it was Road Department and the Turnpike Authority.
so ordered.
The Authority will be seriously delayed in the construction
MOTIONS RELATING TO COMMITTEE REFERENCE of the Jacksonville Expressway System if the General Stat-
Mr. Surles moved that Senate Bill No. 36-XX be withdrawn utes are not amended to give it the power of taking. The
from the Committee on Citrus Fruit and placed on the Cal- Authority also will be seriously embarrassed in the sale of its
endar. bonds, which it hopes to sell in September or October of
this year, if it does not have this power.
The motion was agreed to by a two-thirds vote, and Senate
Bill No. 36-XX was ordered withdrawn from the Committee I recommend that Section 74.01, Florida Statutes, 1955, be
on Citrus Fruit and placed on the Calendar. amended to give the power of taking to any State agency
having the power of eminent domain. This will correct the
Mr. Cobb moved that House Bill No. 29-XX be withdrawn situation insofar as the Jacksonville Expressway is concerned
from the Committee on Parliamentary Procedure and placed and will give any agency to which the Legislature has given
on the Calendar of General Bills of Local Application. the power of eminent domain the right of taking.
The motion was agreed to by a two-thirds vote, and House 3. I recommend that you repeal Chapter 29776, General
Bill No. 29-XX was ordered withdrawn from the Committee Laws of 1955, generally referred to as the Development Credit
on Parliamentary Procedure and placed on the Calendar of Corporation Act.
General Bills of Local Application.
General Bills of Local Application. Experience with this law has shown that while the principle
Mr. Johnson of Hillsborough moved that the rules be waived of it is sound the Act contains some fundamental weaknesses,
and House Bill No. 15-XX, which was referred to the Com- and the use thereof may result in injurious consequences.
mittees on Appropriations and Public Safety, be withdrawn
from the Committee on Public Safety and remain in the Com- Since there is not sufficient time at this special session to
mittee on Appropriations. amend the Act properly, I feel the law should be repealed and
a new Act considered by the 1957 Legislature.
The motion was agreed to by a two-thirds vote, and House
Bill No. 15-XX was ordered withdrawn from the Committee 4. I further recommend the enactment of a law author-
on Public Safety, and remained in the Committee on Appro- izing the State Game and Fresh Water Fish Commission to
priations. exchange a tract of land in the Jim Corbett Game Manage-
ment Area in Palm Beach County for a larger tract imme-
COMMUNICATIONS diately adjacent to said Game Management Area for this
The following communication from His Excellency, Governor two-fold purpose: (1) To assure the expansion and improve-
LeRoy Collins, was read: meant of the present Jim Corbett Game Management Area and
(2) to make possible the construction of a very desirable forty
STATE OF FLORIDA million dollar manufacturing plant in Palm Beach County
EXECUTIVE DEPARTMENT by one of the leading industrial organizations in the United
States in its field.
TALLAHASSEE
This plant would give employment to at least three thousand
July 25, 1956 persons at the beginning of operation, with substantial ex-
TO THE HONORABE ME ERS OF THE SENATE AND pension likely within one year after the installation is com-
THE HOUSE OF REPRESENTATIVES: pleted and almost unlimited potential after that time.

Pursuant o the authority vested in me Artie The economic benefits of the plant would be felt throughout
4, of the Constitution of the State of Florida, I call to your our State, especially since the company management confi-
attention, while you are convened in special session, the fo dently expects many satellite or supplier plants to follow it to
lowing legislative business which I regard as being of an Florida.
urgent nature: Moreover, officials of the Florida Development Commis-
sion, who have worked diligently for many months to obtain
1. The restrictions contained in Section 282.01, subsection this facility, report that this is the first plant of its type we
2, of the Florida Statutes, relating to the encumbering of have been able to attract. These officials are convinced that
appropriations for Second Priority Capital Outlay-Buildings location of this concern in Palm Beach County would make
and Improvements, are such that unnecessary delay will re- it much easier to bring similar lucrative payrolls to Florida.
suit in the construction of Second Priority projects unless
they are removed. Members of the Game and Fresh Water Fish Commission
and technicians of the Commission have made a thorough
There is great need at this time for the Board of Commis- investigation of this proposal, including numerous personal
sioners of State Institutions to consider planning and con- inspections of the land involved. They are unanimous in
tracing for the Capital Outlay items listed in the Second feeling that the authorization and consummation of the trans-
Priority group. These projects are of an urgent nature, such action contemplated in the bill would be of substantial and
as the construction of the Northeast Florida Mental Hospital lasting benefit to the sportsmen of Florida.













52 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

Under the plan, the size of the Jim Corbett Game Manage- invoke the doctrine of interposition; and for other purposes.
ment Area would be increased by several thousand acres of
land which is of at least equal quality to that which would BE IT RESOLVED BY THE HOUSE OF REPRESENTE CON-
be conveyed to the company. Further, the corporation has TIVES OF THE STATE OF FLORIDA; THE SENATE CON-
agreed to pay the Florida Game and Fresh Water Fish Cor- CURRING:
mission the sum of ten thousand dollars a year in rental fees, That the Legislature of Florida doth hereby unequivocally
such funds to be earmarked specifically for needed mainte- express a firm and determined resolution to maintain and
nance and improvements at the Jim Corbett Game Manage- defend the Constitution of the United States, and the Consti-
ment Area. tution of this State against every attempt, whether foreign
5. Within recent years lorida has experienced an un- or domestic, to undermine and destroy the fundamental
precedented growth in population as well as tremendous ex- principles, embodied in our basic law, by which the liberty
preedented growth in population as t of the people and the sovereignty of the States, in their
pension of business and industrial activity, proper spheres, have been long protected and assured;
These factors have placed a greatly expanded burden upon Legislature of Florida doth explicitly and pre-
the courts of this State, making it impossible in certain judi- That the Legslare that i t views the powers of the Federal
cial circuits for our people to receive reasonably prompt dis- emptorily declare that it views the powers of the Federal
cial circuits for our people to receive reasonably prompt dis- Government as resulting solely from the compact, to which
position of their legal matters, the States are parties, as limited by the plain sense and in-
This condition may be relieved to some extent by the au- tention of the instrument creating that compact;
thorization of census counts based upon sound criteria of That the Legislature of Florida asserts that the powers
determining population in lieu of expensive individual count- of the Federal Government are valid only to the extent that
ing, thus authorizing under our law the appointment of an these powers have been umerated in the compact to which
additional Circuit Judge in highly congested and rapidly these powers have been enumerated in the compact to which
additional Circuit Judge in highly congested and rapidlythe various States assented originally and to which the States
growing areas. have assented in subsequent amendments validly adopted
I therefore recommend that a law be passed authorizing and ratified;
such census counts under conditions to be described. That the very nature of this basic compact, apparent upon
I want to convey my warm appreciation for the splendid co- its face, is that the ratifying States, parties thereto, have
operation you have shown in the consideration of measures agreed voluntarily to surrender certain of their sovereign
I have heretofore recommended, and my commendation for rights, but only certain of these sovereign rights, to a Federal
the outstanding efficiency and dispatch which have charac- Government thus constituted; and that all powers not
terized the work of the session. delegated to the United States by the Constitution, nor pro-
tezed the wor of the Respectfully, hibited by it to the States, have been reserved to the States
LEROY COLLINS respectively, or to the people;
Governor That the State of Florida has at no time surrendered to
INTRODUCTION AND REFERENCE OF HOUSE BILLS, the General Government its right to maintain racially separate
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, public schools and other public facilities;
CONCURRENT RESOLUTIONS AND MEMORIALS That the State of Florida, in ratifying the Fourteenth
Mr. Herrell moved that the rules be waived and he be Amendment to the Constitution, did not agree, nor did the
allowed to submit for introduction a local bill which did other States ratifying the Fourteenth Amendment agree,
not meet the requiremens as to page size. that the power to operate racially separate public schools
not meet the requirements as to page sand other facilities was to be prohibited to them thereby;
The motion was agreed to by a two-thirds vote and it was And as evidence of such understanding, the Legislature of
soAnd as evidence of such understanding, the Legislature of
so ordered. Florida notes that the very Congress that submitted the
By Mr. Pruitt of Jefferson- Fourteenth Amendment for ratification established separate
schools in the District of Columbia and that in more than
H. B. No. 24-XX-A bill to be entitled An Act to prohibit the one instance the same State Legislatures that ratified the
compelling or coercion of a child to attend a school established Fourteenth Amendment also provided for systems of racially
for another race, or an integrated school; providing for the separate public schools;
enforcement thereof; providing a penalty for violations and
providing an effective date. That the Legislature of Florida denies that the Supreme
Court of the United States had the right which it asserted
Upon the recommendation of the Committee on Rules & in the school oases decided by it on May 17, 1954, to enlarge
Calendar, the Speaker ruled that House Bill No. 24-XX did the language and meaning of the compact by the States
constitute Legislative business for which the Legislature was in an effort to withdraw from the States powers reserved
especially convened, to them and as daily exercised by them for almost a century;
That a question of contested power has arisen; the Supreme
The bill was read the first time by title and referred Court of the United States asserts, for its part, that the States
to the Committee on Internal Affairs & Education-Special. did in fact prohibit unto themselves the power to maintain
By Messrs. Pruitt of Jefferson and Knight of Calhoun- racially separate public institutions and the State of Florida,
"for its part, asserts that it and its sister States have never
H. B. No. 25-XX-A bill to be entitled An Act authorizing surrendered such right;
and requiring the Attorney General to provide legal services to
local officials in the enforcement of State Law relating to sep- That this assertion upon the part of the Supreme Court
aration of races in public schools; providing for an appropria- of the United States, accompanied by threats of coercion
tion and an effective date. and compulsion against the sovereign States of this Union,
constitutes a deliberate, palpable, and dangerous attempt by
Upon the recommendation of the Committee on Rules & the Court to prohibit to the States certain rights and powers
Calendar, the Speaker ruled that House Bill No. 25-XX did never surrendered by them;
constitute Legislative business for which the Legislature was
especially convened. That the Legislature of Florida asserts that whenever the
General Government attempts to engage in the deliberate,
The bill was read the first time by title and referred to palpable and dangerous exercise of powers not granted to it,
the Committee on Internal Affairs & Education-Special, the States who are parties to the compact have the right,
and are in duty bound, to interpose for arresting the progress
By Mr. Pruitt of Jefferson- of the evil, and for maintaining, within their respective limits,
. the authorities, rights and liberties appertaining to them;
H. C. R. No. 26-XX-A Concurrent Resolution to declare the
Supreme Court decisions of May 17, 1954 and May 31, 1955, That failure on the part of this State thus to assert its
in the school segregation cases, and all similar decisions, by clear rights would be construed as acquiescence in the sur-
the Supreme Court null, void and of no effect; to declare render thereof; and that such submissive acquiescence to the
that a contest of powers has arisen between the State of seizure of one right would in the end lead to the surrender of
Florida and the Supreme Court of the United States; to all rights, and inevitably to the consolidation of the States












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 53

into one sovereignty, contrary to the sacred compact by on May 31, 1955, upon further consideration of said cases,
which this Union of States was created; said: "All provisions of Federal, State, or local law . . must
yield" to said decision of May 17, 1954; said Court thereby
That the question of contested power asserted in this reso- presuming arrogantly to give orders to the State of Florida,
lution is not within the province of the Court to determine
because the Court itself seeks to usurp the powers which have That it is clear that said Court has deliberately resolved to
been reserved to the States, and, therefore, under these cir- disobey the Constitution of the United States, and to flout
cumstances, the judgment of all of the parties to the compact and defy the Supreme Law of the Land;
must be sought to resolve the question. The Supreme Court
is not a party to the compact, but a creature of the compact That the State of Florida has the right to operate and
and the question of contested power should not be settled maintain a public school system utilizing such educational
by the creature seeking to usurp the power, but by the parties methods therein as in her judgment are conducive to the
to the compact who are the people of the respective States in welfare of those to be educated and the people of the State
whom ultimate sovereignty finally reposes; generally, this being a governmental responsibility which the
State has assumed lawfully, and her rights in this respect have
That the Constitution of the State of Florida provides for not in any wise been delegated to the Central Government, but,
full benefits to all its citizens with reference to educational on the contrary, she and the other States have reserved such
facilities and under the Laws of Florida enacted by the Legis- matters to themselves by the terms of the Tenth Amendment.
lature through the Minimum Foundation Program its citizens Being possessed of this lawful right, the State of Florida is
under states' rights, all are being educated under the same possesed of power to repel every unlawful interference there-
general law and all teachers are being employed under with;
identical educational qualifications and all are certified by
the State Board of Education alike, which enables the people, That the duty and responsibility of protecting life, property
themselves, in Florida to provide an educational establishment and the priceless possessions of freedom rests upon the Govern-
serviceable and satisfactory and in keeping with the social ment of Florida as to all those within her territorial limits.
structure of the state. The people of Florida do not consent The State alone has this responsibility. Laboring under this
to changing state precedents and their rights by having high obligation she is possessed of the means to effectuate
doctrines thrust upon them by naked force alone, as promul- it. It is the duty of the State in flagrant cases such as this
gated in the school cases of May 17, 1954, and May 31, 1955; to interpose its powers between its people and the effort of
said Court to assert an unlawful dominion over them; THERE-
That the doctrines of said decisions should not be forced FORE,
upon the citizens of this State for the Court was without
jurisdiction, power or authority to interfere with the sover- BE IT FURTHER RESOLVED BY THE HOUSE OF REP-
eign power of the State in the operation, supervision and RESENTATIVES OF THE STATE OF FLORIDA, THE SEN-
control of the personnel and the beneficiaries of our State ATE CONCURRING:
Education System, paid for by state taxes and supported by
citizens of Florida; Section 1. That said decisions and orders of the Supreme
Court of the United States relating to separation of the
That the Court was without jurisdiction of said cases be- races in the public institutions of a State as announced and
cause (1) the jurisdiction of the Court granted by the Con- promulgated by said Court on May 17, 1954, and May 31,
stitution is limited to judicial cases in law and equity, and 1955, are null, void and of no force or effect.
said cases were not of a judicial nature and character, nor
did they involve controversies in law or equity, but, on the Section 2. That the elected representatives of the people
contrary, the great subjects of the controversy are of a legis- of Florida do now seriously declare that it is the intent and
lative character, and not a judicial character, and are de- duty of all officials, state and local, to observe, honorably,
terminable only by the people themselves speaking through legally and constitutionally, all appropriate measures available
their legislative bodies; (2) the essential nature and effect of to resist this illegal encroachment upon the sovereign powers
the proceedings relating exclusively to public schools operated of this State.
by and under the authority of States, and pursuant to State
laws and regulations, said cases were suits against the States, Section 3. That we urge firm and deliberate efforts to
and the Supreme Court was without power or authority to check this and further encroachment on the part of the
try said cases, brought by individuals against States, because Federal Government, and on the part of said Court through
the Constitution forbids the Court to entertain suits by in- judicial legislation, upon the reserved powers of all the
dividuals against a State unless the State has consented States' powers never surrendered by the remotest implication
to be sued; but expressly reserved and vitally essential to the separate
and independent autonomy of the States in order that by
That if said Court had had jurisdiction and authority to try united efforts the States may be preserved.
and determine said cases, it was powerless to interfere with
the operation of the public schools of States, because the Section 4. That a copy of this Resolution be transmitted
Constitution of the United States does not confer upon the by His Excellency The Governor to the Governor and Legis-
General Government any power or authority over such schools lature of each of the other States, to the President of the
or over the subject of education, jurisdiction over these United States, to each of the Houses of Congress, to Florida's
matters being reserved to the States, nor did the States Representatives and Senators in the Congress, and to the
by the Fourteenth Amendment authorize any interference on Supreme Court of the United States for its information.
the part of the Judicial Department or any other department Upon the recommendation of the Committee on Rules &
of the Federal Government with the operation by the States Calendar, the Speaker ruled that House Concurrent Resolution
of such public schools as they might in their discretion see No. 26-XX did constitute Legislative business for which the
fit to establish and operate; Legislature was especially convened.
That by said cases the Court announces its power to The Concurrent resolution was read the first time in full
adjudge State laws unconstitutional upon the basis of the and referred to the Comimttee on Internal Affairs & Educa-
Court's opinion of such laws as tested by rules of the inexact tion-Special.
and speculative theories of psychological knowledge, which By Messrs. Coleman of Orange, Bartholomew of Sarasota,
power and authority is beyond the jurisdiction of said court; W liams oof Hardee, Andrews of Union an Marshburn of
That if the Court is permitted to exercise the power to Levy-
judge the nature and effect of a law by supposed principles H. B. No. 16-XX--A bill to be entitled An Act to require
of psychological theory, and to hold the statute or Constitu- applicants for admission to State Institutions of Higher Learn-
tion of a State unconstitutional because of the opinions of the ing to be of good moral character and fitness; and to require
Judges as to its suitability, the States will have been destroyed, certification of each such applicant by persons having certain
and the indestructible Union of Indestructible States es- qualifications.
tablished by the Constitution of the United States will have
ceased to exist, and in its stead the Court will have created, Upon the recommendation of the Committee on Rules &
without jurisdiction or authority from the people, one central Calendar, the Speaker ruled that the introduction and consid-
oernent of tota poer eration of House Bill No. 16-XX would constitute Legislative
government of total power; business other than that for which the Legislature was espe-
That implementing its decision of May 17, 1954, said Court cially convened.













54 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

Mr. Coleman moved that this House determine that it shall Orr Sheppard Surles Weinstein
transact the Legislative business of the introduction and con- Papy Smith, S. C. Sweeny Westberry
sideration of House Bill No. 16-XX. Patton Smith,S.N.,Jr. Tillett Youngberg
A roll call was demandedRoberts, E. S. Stewart, C. D. Turlington Zelmenovitz
roll call was demanded. well Stewart, E. L. Usina
When the vote was taken on the motion by Mr. Coleman, Yeas-36.
the result was:
Nays-51.
Yeas:
The motion was not agreed to by the required Constitutional
Ballinger Coleman Marshburn Roberts, H. W. two-thirds vote, and House Bill No. 36-XX was not admitted
Bartholomew Griffin, J. J. Merritt Shaffer for introduction and consideration of the House.
Beck Horne Mitchell Varn By Mr. Ballinger of Leon-
Belser Johnson,C.R.Jr. Page Williams,G.W.
H. B. No. 33-XX-A bill to be entitled An Act relating to
Nays: institutions of higher learning amending Chapter 239, Florida
Statutes, by adding a section to authorize the State Board of
Mr. Speaker Dukes Land Sheppard Control to prepare and administer uniform tests for the de-
Alexander Duncan Livingston Shipp termination of admission to the several state colleges and uni-
Arrington Frederick Mahon Smith. S. C. versities; and to provide for the method of appeal therefrom.
Beasley Gibbons Maness Smith,S.N.,Jr.
Blank Griffin,B.H.Jr. Moody Stewart, C. D. Upon recommendation of the Committee on Rules & Calen-
Boyd Grimes Musselman Stewart, E. L. dar, the Speaker ruled that the introduction and considera-
Brewer Hathaway )kell Surles tion of House Bill No. 33-XX would constitute Legislative
Bryant Herrell Orr Sweeny business other than that for which the Legislature was espe-
Burton Hopkins Papy Tillett cially convened.
Carmine Inman Patton Turlington Mr. Ballinger moved that this House determine that it
Chaires Jernigan Petersen Usina shall transact the Legislative business of the introduction
Cleveland Johnson, Tom Pittman Weinstein and consideration of House Bill No. 33-XX.
Cobb Jones, D.C.Jr. Pruitt Westberry
Conner Jones, O. W. Putnal Williams,J.R.A The motion was not agreed to by the required Constitutional
Cook King Roberts, E. S. Youngberg two-thirds vote, and House Bill No. 33-XX was not admitted
Crews Knight Rowell Zelmenovitz for introduction and consideration by the House.
Cross Lancaster Saunders Mr. Revelle introduced the Honorable Bobby Russ, Demo-
Yea cratic nominee for Member of the House of Representatives
eas- from Wakulla County, together with Mr. Henry DeWitt.
Nays-67. By Messrs. Beasley of Walton and Hopkins of Escambia-
The motion was not agreed to by the required Constitutional H. B. No. 38-XX-A bill to be entitled An Act relating to
two-thirds vote, and House Bill No. 16-XX was not admitted the reinstatement of employees of the State of Florida, who
for introduction and consideration by the House. were separated from their employment by reason of mem-
bership of the legislature of the State of Florida during the
Mr. Johnson of Hillsborough moved that House Bill No. year of 1955; providing for the rate of compensation pay-
14-XX be withdrawn from the Committee on Public Safety and able upon reinstatement and that no compensation shall be
from further consideration of the House. paid to such employees for the period intervening between
such separation and the reinstatement; that such reinstated
By Mr. Ballinger of Leon- employee shall become a member of the Merit System in any
department where such system is in effect, as of the date
H. B. No. 36-XX-A bill to be entitled An Act relating to when the same became effective in any such department or
the State Education System; to amend Section 229.06, Florida agency.
Statutes, to provide for the enforcement of rules and regula- agency.
tions adopted and prescribed by the State Board of Education. The Speaker ruled that the introduction and consideration
of House Bill No. 38-XX would constitute Legislative business
Upon the recommendation of the Committee on Rules & other than that for which the Legislature was especially con-
Calendar, the Speaker ruled that the introduction and con- vened.
sideration of House Bill No. 36-XX would constitute Legislative Mr. Beasley moved that this House determine that it shall
business other than that for which the Legislature was espe- transact the Legislative business of the introduction and
cially convened. consideration of House Bill No. 38-XX.
Mr. Ballinger moved that this House determine that it shall The motion was agreed to by the required Constitutional
transact the Legislaive Business of the introduction and con- two-thirds vote, and House Bill No. 38-XX was admitted for
sideration of House Bill No. 36-XX. introduction and consideration by the House.
A roll call was demanded. The bill was read the first time by title and ordered referred
to the Committee on Pensions & Retirement.
When the vote was taken on the motion by Mr. Ballinger, the By the Committe on Public Roads and Highways-
result was :
H. B. No. 39-XX-A bill to be entitled An Act to amend
Yeas. Section 28, Chapter 29965, Laws of Florida, 1955, by broadening
Andrews Cook Knight Putnal the definition of a Primary Road; providing an effective
Arrington Cross Lancaster Revelle date.
Ballinger Dukes Marshburn Roberts, H. W. The Speaker ruled that the introduction and consideration
Bartholomew Gleaton Merritt Saunders of House Bill No. 39-XX would constitute Legislative business
Beck Griffin, J. J. Mitchell Shaffer other than that for which the Legislature was especially con-
Belser Home Page Varn vened.
Bodiford Inman Petersen Williams, B.D. Mr. Boyd moved that this House determine that it shall
Burton Jernigan Pittman Williams,G.W. transact the Legislative business of the introduction and con-
Coleman Johnson,C.R.Jr. Pruitt Williams,J.R.A. sideration of House Bill No. 39-XX.
Nays: A roll call was demanded.
Alexander Cleveland Griffin,B.H.Jr. King When the vote was taken on the motion by Mr. Boyd, the
Beasley Cobb Grimes Land result was
Blank Conner Hathaway Livingston Yeas:
Boyd Costin Herrell Mahon Mr. Speaker Boyd Chappell Gibbons
Brewer Crews Hopkins Maness Arrington Brewer Cleveland Gleaton
Bryant Duncan Johnson, Tom Moody Bartholomew Bryant Crews Grimes
Carmine Frederick Jones, D.C.Jr. Musselman Beck Burton Duncan Herrell
Chappell Gibbons Jones, O. W. Okell Bodiford Carmine Frederick Hopkins












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 55

Inman Moody Pittman Turlington A roll call was demanded.
Johnson,C.R.Jr. Musselman Pruitt Westberry
Johnson, Tom Okell Rowell Youngberg When the vote was taken on the motion by Mr. Hathaway,
Land Orr Shaffer Zelmenovitz the result was:
Livingston Papy Sheppard
Mahon Patton Shipp Yeas:
Maness Petersen Smith,S.N.,Jr. Andrews Frederick Maness Sheppard
Nays: Beasley Gleaton Marshburn Shipp
Beck Griffin,B.H.Jr. McAlpin Stewart, C. D.
Alexander Costin Marshburn Stewart, E. L. Bodiford Grimes Merritt Surles
Andrews Cross Merritt Surles Boyd Hathaway Okell Sweeny
Beasley Dukes Mitchell Usina Bryant Hopkins Papy Usina
Belser Griffin,B.H.Jr. Putnal Varn Burton Johnson,C.R.Jr. Petersen Varn
Blank Hathaway Revelle Weinstein Chaires Johnson, Tom Pittman Williams,G.W.
Chaires Jones, D.C.Jr. Roberts, H.W. Williams, B.D. Cleveland Jones, D.C.Jr. Putnal Williams,J.R.A.
Coleman Jones, O. W. Saunders Williams,G.W. Conner Jones, O. W. Roberts, E. S. Zelmenovitz
Conner King Smith. S. C. Williams,J.R.A. Costin Knight Roberts, H. W.
Cook Lancaster Stewart, C.D. Cross Lancaster Rowell
Dukes Livingston Shaffer
Yeas-45.
Nays:
Nays-35.
Mr. Speaker Crews Musselman Weinstein
The motion was not agreed to by the required Constitutional Alexander Duncan Orr Westberry
two-thirds vote, and House Bill No. 39-XX was not admitted Bartholomew Herrell Pruitt Williams, B.D.
for introduction and consideration by the House. Belser King Revelle Youngberg
Mr. Okell moved that the time of adjournment be extended Brewer Land Smith, S. C.
to 2:30 P. M. today. Cobb Mitchell Smith,S.N.,Jr.
Coleman Moody Turlington
The motion was agreed to, and it was so ordered.
Yeas-49.
By Mr. Hathaway of Charlotte- Nays-25.
Nays-25.
H. C. R. No. 40-XX-A House concurrent resolution for the
appointment of additional members of the Senate to an ex- The motion was not agreed to by the required Constitutional
isting interim committee of House of Representatives appointed two-thirds vote, and House Concurrent Resolution No. 40-XX
pursuant to House Resolution No. 1628 of the 1955 regular was not admitted for introduction and consideration by the
session, to investigate and make a study of matters relating to House.
game and fresh water fish in Florida. Mr. Turlington moved that the House now reconsider the
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES vote by which House Concurrent Resolution No. 40-XX was
OF THE STATE OF FLORIDA, THE SENATE CONCUR- not admitted for introduction and consideration by the House.
RING: The motion was agreed to.
Section 1. That the interim committee of nine (9) members The question recurred on the motion by Mr. Hathaway that
of the house of representatives, appointed by the speaker to this House determine that it shall transact the Legislative
serve until the legislature of 1957, shall be enlarged to include business of the introduction and consideration of House Con-
three (3) members of the senate, to be appointed by the presi- current Resolution No. 40-XX.
dent of the senate and to serve until the legislature of 1957. The
chairman of the now existing house committee shall continue The motion was agreed to by the required Constitutional
to be chairman of this joint committee. two-thirds vote, and House Concurrent Resolution No. 40-XX
n 2. T t ts i c o t h o r- was admitted for introduction and consideration by the House.
Section 2. That this interim committee of the house of rep-
resentatives and senate make a careful and comprehensive The concurrent resolution was read the first time in full
study of all matters relating to game and fresh water fish in and referred to the Committee on Resolutions.
Florida including but not limited to the management, restora-
tion and regulation of the game and fresh water fish of the By Mr. Herrell of Dade-
state, and the control and management of hatcheries, sanctu- H. B. No. 41-XX-A b i to be entitled An Act to abolish the
aries, refuges, reservations and all other property now or here- H.B. N. 41i A bill to b entitled An Act to abolish the
after owned or used for such purposes by the state and all present Municipal Government of the City of Hialeah, in
laws relating thereto and their enforcement. The committee Dade County, Florida; to recreate, establish and organize a
shall report to the 1957 legislature the results of its activities Municipality to be known as the City of Hialeah, in Dade
to provide for a Mayor and Council form of Government; to
and make such recommendations to the house of representa- to provide for a Mayor and Council form of Government; to
tives as shall be meet and expedient in the premises, provide for the Municipal Officers, their powers and duties;
Section 3. Te mmhe committee appointed under the provisions to provide for the powers, jurisdiction and privileges of the
of this resolution is authorized to assemble such data by what- Municipality; providing an effective date.
ever means is deemed necessary, such as holding public hear- The Speaker ruled that the introduction and consideration
ings, employing experts or other persons authorized to carry of House Bill No. 41-XX would constitute Legislative business
out its duties, and taking any other proper and necessary ac-
tions so as to properly and completely make its investiga- other than that for which the Legislature was especially con-
tions hereunder and shall have all other authority and duties vened.
provided by chapter 11, Florida Statutes. Mr. Herrell moved that this House determine that it shall
Section 4. All expenses incident to employing experts, hear- transact the Legislative business of the introduction and
ings held and investigation made by the committee appointed consideration of House Bill No. 41-XX.
under the provisions of this concurrent resolution shall be paid The motion was agreed to by the required Constitutional
as legislative expense, mileage and per diem of members which two-thirds vote, and House Bill No. 41-XX was admitted for
shall be paid as provided in section 112.061, Florida Statutes. introduction and consideration by the House.
The Speaker ruled that the introduction and consideration Proof of Publication of notice attached to House Bill No.
of House Concurrent Resolution No. 40-XX would constitute 41-XX.
Legislative business other than that for which the Legislature
was especially convened. The House of Representatves thereupon determined that
Mr. Hathaway moved that this House determine that it shall the notice and evidence thereof required by Section 21 of
transact the Legislative business of the introduction and con- Article III of the Constitution, has been established in this
sideration of House Concurrent Resolution No. 40-XX. Legislature.












56 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

The above bill was read the first time by title. Mr. Musselman moved that the rules be waived and House
Bill No. 42-XX be read a second time by title.
Mr. Herrell was given unanimous consent to now consider
House Bill No. 41-XX. The motion was agreed to by a two-thirds vote and House
Bill No. 42-XX was read a second time by title.
Mr. Herrell moved that the rules be waived and House
Bill No. 41-XX be read a second time by title. Mr. Musselman moved that the rules be further waived and
House Bill No. 42-XX be read a third time in full and placed
The motion was agreed to by a two-thirds vote and House upon its passage.
Bill No. 41-XX was read a second time by title.
The motion was agreed to by a two-thirds vote and House
Mr. Herrell moved that the rules be further waived and Bill No. 42-XX was read a third time in full.
House Bill No. 41-XX be read a third time in full and placed
upon its passage. When the vote was taken on the passage of the bill the re-
sult was:
The motion was agreed to by a two-thirds vote and House
Bill No. 41-XX was read a third time in full. Yeas:
When the vote was taken on the passage of the bill the Mr. Speaker Cross Livingston Saunders
result was: Alexander Dukes Mahon Shaffer
Andrews Duncan Maness Sheppard
"Yeas: Arrington Frederick Marshburn Shipp
Mr. Speaker Cross Livingston Saunders Ballinger Gibbons McAlpin Smith, S. C.
Alexander Dukes Mahon Shatter Bartholomew Gleaton Merritt Smith, S.N.,Jr.
Andrews Duncan Maness Sheppard Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
Arrington Frederick Marshburn Shipp Beck Griffin, J. J. Moody Stewart, E. L.
Ballinger Gibbons McAlpin Smith, S. C. Belser Grimes Musselman Surles
Bartholomew Gleaton Merritt Smith,S.N.,Jr. Bodiford Hathaway Okell Sweeny
Beasley Griffin,B.H.Jr. Mitchell Stewart, C.D. Boyd Herrell Orr Tillett
Beck Griffin, J. J. Moody Stewart, E.L. Brewer Hopkins Page Turlington
Belser Grimes Musselman Surles Burton Horne Papy Usina
Bodiford Hathaway Okell Sweeny Carmine Inman Patton Varn
Boyd Herrell Orr Tillett Chaires Jernigan Peeples Weinstein
Brewer Hopkins Page Turlington Chappell Johnson,C.R.Jr. Petersen Westberry
Burton Horne Papy Usina Cleveland Johnson, Tom Pittman Williams, B.D.
Carmine Inman Patton Varn Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
Chaires Jernigan Peeples Weinstein Coleman Jones, O. W. Putnal Williams,J.R.A.
PeeplesConner King Revelle Youngberg
Chappell Johnson,C.R.Jr. Petersen Westberry Conner King Revelle Youngberg
Cleveland Johnson, Tom Pittman Williams, B.D. ook Knght Roberts, E. S Zelmenovitz
Cobb Jones, D.C.Jr. Pruitt Williams,G.W. Costin Lancaster Roberts, H. W.
Coleman Jones, O. W. Putnal WilliamsJ.R.A. Crews Land Rowell
Conner King Revelle Youngberg Yeas-90.
Cook Knight toberts, E. S. Zelmenovitz
Costin Lancaster Roberts, H. W. Nays-None.
Crews Land Rovwell
So the bill passed, title as stated, and was ordered imme-
Yeas-90. diately certified to the Senate.
Nays-None. By Messrs. David and Musselman of Broward-
So the bill passed, title as stated, and was ordered immedi- H. B. No. 43-XX-A bill to be entitled An Act creating Fern
ately certified to the Senate. Crest Improvement District in Broward County, Florida; pro-
By Messrs. David and Musselman of Broward- viding for the government thereof; authorizing the acquisition
of certain improvements by such district, including street, air-
H. B. No. 42-XX-A bill to be entitled An Act amending port, railroad, utility, and industrial improvements and fa-
the charter of Fern Crest Village (Chapter 29,070, Laws of cilities; authorizing the issuance of bonds and revenue cer-
Florida, 1953); changing the boundaries of said village; au- tificates for the financing of such improvements; authorizing
thorizing the acquisition of certain improvements by said the execution of leases and agreements; making provisions
village including street, airport, railroad, utility and indus- with respect to the operation of such improvements; author-
trial improvements; authorizing the issuance of bonds and izing the making of industrial and other leases; providing for
revenue certificates for the financing of such improvements; the security and payment of such bonds and revenue certifi-
authorizing the execution of leases and agreements by said cates; authorizing the issuance of refunding bonds and cer-
village; making provisions with respect to the operation of tificates; exempting such improvements, bonds and revenue
such improvements; authorizing the making of industrial certificates from taxation; authorizing the levy of a main-
leases; providing for the security and payment of such bonds tenance tax for such district, and providing for a referendum
and revenue certificates; authorizing the issuance of refunding election on the approval of this Act.
bonds and certificates; exempting such improvements, bonds,
and revenue certificates from taxation; ratifying Chapter The Speaker ruled that the introduction and consideration
29,070, aforesaid, and providing for a referendum election on of House Bill No. 43-XX would constitute Legislative business
the approval of this Act. other than that for which the Legislature was especially
convened.
The Speaker ruled that the introduction and consideration
of House Bill No. 42-XX would constitute Legislative business Mr. Musselman moved that this House determine that it
other than that for which the Legislature was especially con- shall transact the Legislative business of the introduction
vened. and consideration of House Bill No. 43-XX.
Mr. Musselman moved that this House determine that it The motion was agreed to by the required Constitutional
shall transact the Legislative business of the introduction and two-thirds vote, and House Bill No. 43-XX was admitted for
consideration of House Bill No. 42-XX. introduction and consideration by the House.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 42-XX was admitted for The bill was read the first time by title,
introduction and consideration by the House.
Mr. Musselman was given unanimous consent to now con-
The bill was read the first time by title. sider House Bill No. 43-XX.
Mr. Musselman was given unanimous consent to now con- Mr. Musselman moved that the rules be waived and House
sider House Bill No. 42-XX. Bill No. 43-XX be read a second time by title.












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 57

The motion was agreed to by a two-thirds vote and House The motion was agreed to by the required Constitutional two-
Bill No. 43-XX was read a second time by title. thirds vote, and House Bill No. 46-XX was admitted for in-
troduction and consideration by the House.
Mr. Musselman moved that the rules be further waived and
House Bill No. 43-XX be read a third time in full and placed The bill was read the first time by title.
upon its passage. Mr. Smith of Indian River was given unanimous consent to
The motion was agreed to by a two-thirds vote and House now consider House Bill No. 46-XX.
Bill No. 43-XX was read a third time in full.
Mr. Smith of Indian River moved that the rules be waived
When the vote was taken on the passage of the bill the and House Bill No. 46-XX be read a second time by title.
result was: The motion was agreed to by a two-thirds vote and House
Yeas: Bill No. 46-XX was read a second time by title.
Mr. Speaker Cross Livingston Saunders Mr. Smith of Indian River moved that the rules be further
Alexander Dukes Mahon Shaffer waived and House Bill No. 46-XX be read a third time in full
Andrews Duncan Maness Sheppard and placed upon its passage.
Arrington Frederick Marshburn Shipp The motion was agreed to by a two-thirds vote and House
Ballinger Gibbons McAlpin Smith, S. C. Bill No. 46-XX was read a third time in full.
Bartholomew Gleaton Merritt Smith, S.N.,Jr.
Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D. When the vote was taken on the passage of the bill the
Beck Griffin, J. J. Moody Stewart, E. L. result was:
Belser Grimes Musselman Surles
Bodiford Hathaway Okell Sweeny Yeas:
Boyd Herrell Orr Tillett
Brewer Hopkins Page Turlington Mr. Speaker Cross Livingston Saunders
Burton Horne Papy Usina Alexander Dukes Mahon Shaffer
Carmine Inman Patton Varn Andrews Duncan Maness Sheppard
Chaires Jernigan Peeples Weinstein Arrington Frederick Marshburn Shipp
Chappell Johnson,C.R.Jr. Petersen Westberry Ballinger Gibbons McAlpin Smith, S. C.
Cleveland Johnson, Tom Pittman Williams, B.D. Bartholomew Gleaton Merritt Smith,S.N.,Jr.
Cobb Jones, D.C.Jr. Pruitt Williams,G.W. Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
Coleman Jones, O. W. Putnal Williams,J.R.A. Beck Griffin, J. J. Moody Stewart, E. L.
Conner King Revelle Youngberg Belser Grimes Musselman Surles
Cook Knight Roberts, E. S. Zelmenovitz Bodiford Hathaway Okell Sweeny
Costin Lancaster Roberts, H. W. Boyd Herrell Orr Tillett
Crews Land Rowell Brewer Hopkins Page Turlington
Burton Hore Papy Usina
Yeas-90. Carmine Inman Patton Varn
Chaires Jernigan Peeples Weinstein
Nays-None. Chappell Johnson,C.R.Jr. Petersen Westberry
Cleveland Johnson, Tom Pittman Williams, B.D.
So the bill passed, title as stated, and was ordered immedi- Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
ately certified to the Senate. Coleman Jones, O. W. Putnal Williams,J.R.A
House Concurrent Resolution No. 44-XX was presented for Conner King Revelle Youngberg
introduction and was temporarily deferred. Cook Knight Roberts, E. S. Zelmenovitz
Costin Lancaster Roberts, H..W.
House Concurrent Resolution No. 45-XX was presented for Crews Land Rowell
introduction and was temporarily deferred.
Yeas--90.
By Mr. Smith of Indian River-
Nays-None.
H. B. No. 46-XX-A bill to be entitled An Act prohibiting
the depositing in any of the waters of the lakes, rivers, har- So the bill passed, title as stated, and was ordered immedi-
bors, streams, ditches and canals in Indian River County, Flor- ately certified to the Senate.
ida, any rubbish, filth or poisonous or deleterious substance or By Mr. Grimes of Manatee-
substances in such quantity as is liable to affect the health of
persons, fish, or livestock, or any material, substance or thing in H. B. No. 47-XX-A bill to be entitled An Act relating to the
such quantity that the said waters are thereby rendered unfit City of Palmetto, Florida; amending Chapter 11059, Laws of
for one or more of the beneficial uses for which such water was 1925, being the Charter of said City, by adding to Section 48
fit or suitable prior to the introduction of such substance, ma- a new Sub-Paragraph designated Section 48A; providing en-
terial or thing, or which renders unsanitary or unclean any abling legislation for annexation of contiguous territories by
bathing beach; prohibiting the placing or depositing of any one of the following two methods: 1. By referendum election,
such substance, material or thing in any place where the or 2. By petition and consent of all land owners in the areas
same may be washed or infiltered into any of such waters; sought to be annexed; setting effective date.
prohibiting the discharging into the air of said county any
smoke, vapor or gas in such quantity as is liable to affect the The Speaker ruled that the introduction and consideration
health of persons, birds, livestock or vegetation or damages of House Bill No. 47-XX would constitute Legislative business
property or any noisome odors or noxious gases in such quan- other than that for which the Legislature was especially con-
tity as to create a nuisance; authorizing and empowering the vened.
Board of County Commissioners of Indian River County, Flor- Mr. Grimes moved that this House determine that it shall
ida, and the State Board of Health of the State of Florida, Mr. Grimes moved that this House determine that it shall
jointly and severally, to enforce the provisions of this act or transact the Legislative business of the introduction and con-
any rules, regulations, or criteria established by the State Board sideration of House Bill No. 47-XX.
of Health to control air and water pollution by injunction or The motion was agreed to by the required Constitutional
other legal means; making the violation of this act a mis- two-thirds vote, and House Bill No. 47-XX was admitted for
demeanor; repealing all laws or parts of laws in conflict here- introduction and consideration by the House.
with and providing for a referendum to approve this act.
Proof of Publication of notice attached to House Bill No.
The Speaker ruled that the introduction and consideration 47-XX.
of House Bill No. 46-XX would constitute Legislative business
other than that for which the Legislature was especially con- The House of Representatives thereupon determined that
vened. the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this
Mr. Smith of Indian River moved that this House deter- Legislature.
mine that it shall transact the Legislative business of the in-
troduction and consideration of House Bill No. 46-XX. The above bill was read the first time by title.













58 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

Mr. Grimes was given unanimous consent to now consider The bill was read the first time by title and referred to the
House Bill No. 47-XX. Committees on Appropriations and Judiciary-Civil.
Mr. Grimes moved that the rules be waived and House Bill By Messrs. Hopkins and Jernigan of Escambia-
No. 47-XX be read a second time by title.
H. B. No. 50-XX-A bill to be entitled An Act fixing the salary
The motion was agreed to by a two-thirds vote and House and expense allowance of supervisor of registration of each
Bill No. 47-XX was read a second time by title, county in this state having a population of not less than eighty-
five thousand (85,000) and not more than one hundred twelve
Mr. Grimes moved that the rules be further waived and thousand nine hundred (112,900) according to the last official
House Bill No. 47-XX be read a third time in full and placed federal census; providing the manner of payment; authorizing
upon its passage. the Board of County Commissioners of every such county to
The motion was agreed to by a two-thirds vote and House pay said salary and expense allowance; repealing Chapter
Bill No. 47-XX was read a third time in full. 28812, Acts 1953; and providing effective date therefore.
When the vote was taken on the passage of the bill the The Speaker ruled that the introduction and consideration
result was: of House Bill No. 50-XX would constitute Legislative business
other than that for which the Legislature was especially con-
Yeas: vened.
Mr. Speaker Cross Livingston Saunders Mr. Hopkins moved that this House determine that it shall
Alexander Dukes Mahon Shaffer transact the Legislative business of the introduction and con-
Andrews Duncan Maness Sheppard sideration of House Bill No. 50-XX.
Arrington Frederick Marshburn Shipp
Ballinger r rGibbon Marsrin Sith, S. The motion was agreed to by the required Constitutional two-
Bartholomew Geaton Merritt Smith,S..Jr thirds vote, and House Bill No. 50-XX was admitted for
Bartholomew Gleaton Merritt Smith,S.N.Jr introduction and consideration by the House.
Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D. introduction and consideration by the House.
Beck Griffin, J. J. Moody Stewart, E. L. The bill was read the first time by title.
Belser Grimes Musselman Surles
Bodiford Hathaway Okell Sweeny Mr. Hopkins was given unanimous consent to now consider
Boyd Herrell Orr 'illett House Bill No. 50-XX.
Brewer Hopkins Page rurlington
Burton Honse Pagpy Usin on Mr. Hopkins moved that the rules be waived and House Bill
Carmine Inman Patton Varn No. 50-XX be read a second time by title.
Chaires Jernigan Peeples Weinstein The motion was agreed to by a two-thirds vote and House
Chappell Johnson,C.R.Jr.Petersen Westberry Bill No. 50-XX was read a second time by title.
Cleveland Johnson, Tom Pittman Williams, B.D.
Cobb Jones, D.C.Jr. Pruitt Williams,G.W. Mr. Hopkins moved that the rules be further waived and
Coleman Jones, O. W. Putnal Williams,J.R.A. House Bill No. 50-XX be read a third time in full and placed
Conner King Revelle Youngberg upon its passage.
Cook Knight Roberts, E. S. Zelmenovitz
Costin Lancaster Roberts, H. W. The motion was agreed to by a two-thirds vote and House
Crews Land Rowell Bill No. 50-XX was read a third time in full.
Yeas-90. When the vote was taken on the passage of the bill the re-
sult was:
Nays-None. Yeas:
Yeas:
So the bill passed, title as stated, and was ordered immedi- Mr. Speaker Cross Livingston Saunders
ately certified to the Senate.
Alexander Dukes Mahon Shaffer
By Mr. Varn of Hernando- Andrews Duncan Maness Sheppard
Arrington Frederick Marshburn Shipp
H. B. No. 48-XX-A bill to be entitled An Act to prohibit the Ballinger Gibbons McAlpin Smith, S. C.
acceptance of funds by any agency of the State of Florida Bartholomew Gleaton Merritt Smith,S.N.,Jr.
from the Federal Government or any agency thereof under Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
conditions whereby said funds, or any part thereof, are lim- Beck Griffin, J. J. Moody Stewart, E. L.
ited as to their expenditure for purposes that would be con- Belser Grimes Musselman Surles
trary to the laws of Florida; providing an effective date. Bodiford Hathaway Okell Sweeny
Boyd Herrell Orr Tillett
The speaker withheld his ruling on the question of whether Brewer Hopkins Page Turlington
or not the introduction and consideration of House Bill No. Burton Home Papy Usina
48-XX would constitute Legislative business other than that Carmine Inman Patton Varn
for which the Legislature was especially convened, and re- Chaires Jernigan Peeples Weinstein
quested a recommendation of the Committee on Rules & Cal- Chappell Johnson,C.R.Jr. Petersen Westberry
endar with respect thereto. Cleveland Johnson, Tom Pittman Williams, B.D.
By Messrs. Hopkins and Jernigan of Escambia- Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
Coleman Jones, 0. W. Putnal Williams,J.R.A
H. B. No. 49-XX-A bill to be entitled An Act to amend Conner King Revelle Youngberg
Section 7 of Chapter 29S66, Acts 1955, being Section 282.03, Cook Knight Roberts, E. S. Zelmenovitz
Florida Statutes, relating to supplemental salaries of Circuit Costin Lancaster Roberts, H. W.
Judges of the state, by increasing salaries of judges; making Crews Land Rowell
this act retroactive; providing an effective date. Yeas-
Yeas-90.
The Speaker ruled that the introduction and consideration
of House Bill No. 49-XX would constitute Legislative business Nays-None.
other than that for which the Legislature was especially con- So the bill passed, title as stated, and was ordered imme-
vened. diately certified to the Senate.
Mr. Hopkins moved that this House determine that it shall By Messrs. Hopkins and Jernigan of Escambia-
transact the Legislative business of the introduction and con-
sideration of House Bill No. 49-XX. H. B. No. 51-XX-A bill to be entitled An Act to amend
Section 1 of Chapter 30254, Acts 1955, providing that appli-
The motion was agreed to by the required Const t.utoo-l cants for registration and license as real estate broker from
two-thirds vote, and House Bill No. 49-XX was admitted for any county having a population of not less than eighty four
introduction and consideration by the House. thousand (84,000) and not more than one hundred fourteen












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 59

thousand (114,000) according to the last federal census shall Mr. Hopkins moved that this House determine that it shall
furnish certain proof to the Florida Real Estate Commission transact the Legislative business of the introduction and con-
relating to registration and qualifications before being en- sideration of House Bill No. 52-XX.
titled to be registered and issue a license as real estate broker;
providing effective date. The motion was agreed to by the required Constitutional
Stwo-thirds vote, and House Bill No. 52-XX was admitted for
The Speaker ruled that the introduction and consideration introduction and consideration by the House.
of House Bill No. 51-XX would constitute Legislative business
other than that for which the Legislature was especially con- The bill was read the first time by title.
vened. Mr. Hopkins was given unanimous consent to now consider
Mr. Hopkins moved that this House determine that it House Bill No. 52-XX.
shall transact the Legislative business of the introduction Mr. Hopkins moved that the rules be waived and House Bill
and consideration of House Bill No. 51-XX. No. 52-XX be read a second time by title.
The motion was agreed to by the required Constitutional The motion was agreed to by a two-thirds vote and House
two-thirds vote, and House Bill No. 51-XX was admitted for Bill No. 52-XX was read a second time by title.
introduction and consideration by the House.
Mr. Hopkins moved that the rules be further waived and
The bill was read the first time by title. House Bill No. 52-XX be read a third time in full and placed
Mr. Hopkins was given unanimous consent to now consider upon its passage.
House Bill No. 51-XX. The motion was agreed to by a two-thirds vote and House
Bill No. 52-XX was read a third time in full.
Mr. Hopkins moved that the rules be waived and House Bill
No. 51-XX be read a second time by title. When the vote was taken on the passage of the bill the
result was:
The motion was agreed to by a two-thirds vote and House result was:
Bill No. 51-XX was read a second time by title. Yeas:
Mr. Speaker Cross Livingston Saunders
Mr. Hopkins moved that the rules be further waived and Alexander Dukes Mahon Shaffer
House Bill No. 51-XX be read a third time in full and placed Andrews Duncan Maness Sheppard
upon its passage. Arrington Frederick Marshburn Shipp
The motion was agreed to by a two-thirds vote and House Ballinger Gibbons McAlpin Smith, S. C.
Bill No. 51-XX was read a third time in full. Bartholomew Gleaton Merritt Smith,S.N.,Jr.
Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
When the vote was taken on the passage of the bill the Beck Griffin, J. J. Moody Stewart, E. L.
result was: Belser Grimes Musselman Surles
Bodiford Hathaway Okell Sweeny
Yeas: Boyd Herrell Orr Tillett
Mr. Speaker Cross Livingston Saunders Brewer Hopkins Page Turlington
Alexander Dukes Mahon Shaffer Burton Home Papy Usina
Andrews Duncan Maness Sheppard Carmine Inman Patton Varn
Arrington Frederick Marshburn Shipp Chaires Jernigan Peeples Weinstein
Ballinger Gibbons McAlpin Smith S. C Chappell Johnson,C.R.Jr. Petersen Westberry
Bar omew Gleaton Mert Smith, S. Cleveland Johnson, Tom Pittman Williams, B.D.
Bartholomew Gleaton Merritt Smith,S.N.,Jr. Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
Beasley Griffin,B.H.Jr. Mitchell Stewart, CE.L. Coleman Jones, 0. W. Putnal Williams,J.R.A
Beck Griffin, J. J. Moody Stewart, E. L. Conner King Revelle Youngberg
Belser Grimes Musselman Surles Conner Kig Revelle Youngberg
Belser Grimes Musselman Surles Cook Knight Roberts, E. S. Zelmenovitz
Bodiford Hathaway Okell Sweeny Costin Lancaster Roberts, H. W.
Boyd Herrell Orr Tillett Crews Land Rowell
Brewer Hopkins Page Turlingtonrews Land Rowe
Burton Home Papy Usina Yeas-90.
Carmine Inman Patton Varn
Chaires Jernigan Peeples Weinstein Nays-None.
Chappell Johnson,C.R.Jr. Petersen Westberry
Cleveland Johnson, Tom Pittman Williams, B.D. So the bill passed, title as stated, and was ordered immedi-
Cobb Jones, D.C.Jr. Pruitt Williams,G.W. ately certified to the Senate.
Coleman Jones, O. W. Putnal Williams,J.R.A. By Messrs. Hopkins and Jernigan of Escambia-
Conner King Revelle Youngberg
Cook Knight Roberts, E. S. Zelmenovitz H. B. No. 53-XX-A bill to be entitled An Act to amend Sub-
Costin Lancaster Roberts, H. W. sections (1), (2) and (4) of Section 5 of Chapter 27055, Acts
Crews Land Rowell 1951, relating to Service of Notices in Small Claims Courts in
Counties having a population of not less than one hundred
Yeas-90. ten thousand (110,000) and not more than one hundred four-
teen thousand (114,000) by the latest official census; and
Nays--None. providing an effective date.
So the bill passed, title as stated, and was ordered immedi- The Speaker ruled that the introduction and consideration
ately certified to the Senate. of House Bill No. 53-XX would constitute Legislative business
other than that for which the Legislature was especially con-
By Messrs. Hopkins and Jernigan of Escambia- vened.
H. B. No. 52-XX-A bill to be entitled An Act to authorize Mr. Hopkins moved that this House determine that it shall
in all counties of the state having a population of not less transact the Legislative business of the introduction and con-
than one hundred thousand (100,000), nor more than one hun- sideration of House Bill No.53-XX.
dred fourteen thousand (114,000), by the latest Federal Census,
the board of county commissioners and the governing authori- The motion was agreed to by the required Constitutional
ties of municipalities in such counties to make certain con- two-thirds vote, and House Bill No. 53-XX was admitted for
tributions of county and municipal funds; and providing an introduction and consideration by the House.
effective date. The bill was read the first time by title.

The Speaker ruled that the introduction and consideration Mr. Hopkins was given unanimous consent to now consider
of House Bill No. 52-XX would constitute Legislative business House Bill No. 53-XX.
other than that for which the Legislature was especially con-
vened. Mr. Hopkins moved that the rules be waived and House
Bill No. 53-XX be read a second time by title.












60 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

The motion was agreed to by a two-thirds vote and House Yeas:
Bill No. 53-XX was read a second time by title.
Mr. Speaker Cross Livingston Saunders
Mr. Hopkins moved that the rules be further waived and Alexander Dukes Mahon Shaffer
House Bill No. 53-XX be read a third time in full and placed Andrews Duncan Maness Sheppard
upon its passage. Arrington Frederick Marshburn Shipp
Ballinger Gibbons McAlpin Smith, S. C.
The motion was agreed to by a two-thirds vote and House Bartholomew Gleaton Merritt Smith,S.N.,Jr.
Bill No. 53-XX was read a third time in full. Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
When the vote was taken on the passage of the bill the Beck Griffin, J. J. Moody Stewart, E. L.
result was: Belser Grimes Musselman Surles
Bodiford Hathaway Okell Sweeny
Yeas: Boyd Herrell Orr Tillett
Brewer Hopkins Page Turlington
Mr. Speaker Cross Livingston Saunders Burton Hore Papy Usina
Alexander Dukes Mahon Shaffer Carmine Inman Patton Varn
Andrews Duncan Maness Sheppard Chaires Jernigan Peeples Weinstein
Arrington Frederick Marshburn Shipp Chappell Johnson,C.R.Jr. Petersen Westberry
Ballinger Gibbons McAlpin Smith, S. C. Cleveland Johnson, Tom Pittman Williams, B.D.
Bartholomew Gleaton Merritt Smith,S.N.,Jr. Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D. Coleman Jones, O. W. Putnal Williams,J.R.A.
Beck Griffin, J. J. Moody Stewart, E. L. Conner King Revelle Youngberg
Belser Grimes Musselman Surles Cook Knight Roberts, E. S. Zelmenovitz
Bodiford Hathaway Okell Sweeny Costin Lancaster Roberts, H. W.
Boyd Herrell Orr Tillett Crews Land welll
Brewer Hopkins Page Turlington
Burton Home Papy Usina Yeas-90.
Carmine Inman Patton Varn
Chaires Jernigan Peeples Weinstein Nays-None.
Chappell Johnson,C.R.Jr. Petersen Westberry So the bill passed, title as stated, and was ordered immedi-
Cleveland Johnson, Tom Pittman Williams, B.D. ately certified to the Senate.
Cobb Jones, D.C.Jr. Putnal Williams,G.W.
Coleman Jones, O. W. Pruitt Williams,J.R.A By Messrs. Roberts and Blank of Palm Beach-
Conner King Revelle Youngberg
Cook Knight Roberts, E. S. Zelmenovitz H. B. No. 55-XX-A bill to be entitled An Act authorizing
Costin Lancaster Roberts, H. W. and empowering the Game and Fresh Water Fish Commission
Crews Land Rowell of the State of Florida to trade, exchange, lease, grant ease-
ments and convey or release phosphate, minerals, metals and
Yeas-90. petroleum rights in the J. W. Corbett Wildlife Management
Nays-None. Area, in Palm Beach County, Florida.
The bill was read the first time by title and referred to the
So the bill passed, title as stated, and was ordered immedi- Committee on Industrial Development.
ately certified to the Senate.
By Messrs. Hopkins and Jernigan of Escambia- By Mr Bodiford of Bay-
H. B. No. 56-XX-A bill to be entitled An Act relating to
H. B. No. 54-XX-A bill to be entitled An Act to amend the salary of each Circuit Judge of the judicial circuits of the
subparagraph 2, of paragraph (f) of subsection (1) of Sec- State of Florida embracing six (6) or more counties with a
tion 125.161, Florida Statutes, by providing for the compen- total population exceeding one hundred eighteen thousand
station of county commissioners in counties having a popula- (118,000) and with two (2) or more counties therein with a
tion of not less than 112,000 and not more than 114,000 by population of thirty four thousand (34,000) or more, accord-
the latest Federal Census; providing for car expense of county ing to the last preceding federal census, and providing that a
commissioners in such counties; and providing an effective proportionate part of the salary of each such Circuit Judge
date. be paid from the general revenue fund of the counties of said
The Speaker ruled that the introduction and consideration circuit in the proportion that the population of each county
of House Bill No. 54-XX would constitute Legislative business bears to the total population of such circuit, according to the
other than that for which the Legislature was especially con- last preceding federal census; making an annual appropriation
vened. therefore; and providing an effective date.
Mr. Hopkins moved that this House determine that it shall The Speaker ruled that the introduction and consideration of
transact the Legislative business of the introduction and con- House Bill No. 56-XX would constitute Legislative business
sideration of House Bill No. 54-XX. other than that for which the Legislature was especially con-
vened.
The motion was agreed to by the required Constitutional
two-thirds vote, on nd eetHous e ed54-XX was admitted for Mr. Bodiford moved that this House determine that it shall
introduction and consideration by the House. transact the Legislative business of the introduction and con-
sideration of House Bill No. 56-XX.
The bill was read the first time by title. The motion was agreed to by the required Constitutional
Mr. Hopkins was given unanimous consent to now consider two-thirds vote, and House Bill No. 56-XX was admitted for
House Bill No. 54-XX. introduction and consideration by the House.
The bill was read the first time by title.
Mr. Hopkins moved that the rules be waived and House
Bill No. 54-XX be read a second time by title. Mr. Bodiford was given unanimous consent to now con-
sider House Bill No. 56-XX.
The motion was agreed to by a two-thirds vote and House
Bie mo tion4 was read to by a twothid vote and House Mr. Bodiford moved that the rules be waived and House
Bill No. 54-XX was read a second time by title. Bill No. 56-XX be read a second time by title.
Bill No. 56-XX be read a second time by title.
Mr. Hopkins moved that the rules be further waived and The motion was agreed to by a two-thirds vote and House
House Bill No. 54-XX be read a third time in full and placed Bill No. 56-XX was read a second time by title.
upon its passage.
Mr. Bodiford moved that the rules be further waived and
The motion was agreed to by a two-thirds vote and House House Bill No. 56-XX be read a third time in full and placed
Bill No. 54-XX was read a third time in full. upon its passage.
When the vote was taken on the passage of the bill the The motion was agreed to by a two-thirds vote and House
result was: Bill No. 56-XX was read a third time in full.













July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 61

When the vote was taken on the passage of the bill the House Bill No. 57-XX, as amended, be read a third time in
result was: full and placed upon its passage.
Yeas: The motion was agreed to by a two-thirds vote and House
Bill No. 57-XX, as amended, was read a third time in full.
Mr. Speaker Cross Livingston Saunders
Alexander Dukes Mahon Shaffer When the vote was taken on the passage of the bill the
Andrews Duncan Maness Sheppard result was:
Arrington Frederick Marshburn Shipp Yeas:
Ballinger Gibbons McAlpin Smith, S. C.
Bartholomew Gleaton Merritt Smith, S.N.,Jr. Mr. Speaker Cross Livingston Saunders
Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D. Alexander Dukes Mahon Shaffer
Beck Griffin, J. J. Moody Stewart, E. L. Andrews Duncan Maness Sheppard
Belser Grimes Musselman Surles Arrington Frederick Marshburn Shipp
Bodiford Hathaway Okell Sweeny Ballinger Gibbons McAlpin Smith, S. C.
Boyd Herrell Orr Tillett Bartholomew Gleaton Merritt Smith, S.N.,Jr.
Brewer Hopkins Page Turlington Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
Burton Hore Papy Usina Beck Griffin, J. J. Moody Stewart, E. L.
Carmine Inman Patton Varn Belser Grimes Musselman Surles
Chaires Jernigan Peeples Weinstein Bodiford Hathaway Okell Sweeny
Chappell Johnson,C.R.Jr. Petersen Westberry Boyd Herrell Orr Tillett
Cleveland Johnson, Tom Pittman Williams, B.D. Brewer Hopkins Page Turlington
Cobb Jones, D.C.Jr. Pruitt Williams,G.W. Burton Hore Papy Usina
Coleman Jones, O. W. Putnal Williams,J.R.A. Carmine Inman Patton Varn
Conner King Revelle Youngberg Chaires Jernigan Peeples Weinstein
Cook Knight Roberts, E. S. Zelmenovitz Chappell Johnson,C.R.Jr. Petersen Westberry
Costin Lancaster Roberts, H. W. Cleveland Johnson, Tom Pittman Williams, B.D.
Crews Land Rowell Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
Coleman Jones, O. W. Putnal Williams,J.R.A.
eas-90. Conner King Revelle Youngberg
Nays-None. Cook Knight Roberts, E. S. Zelmenovitz
Costin Lancaster Roberts, H. W.
So the bill passed, title as stated, and was ordered imme- Crews Land Rowell
diately certified to the Senate. Yeas
Yeas-90.
By Mr. Bodiford of Bay- Nays-None.
Nays-None.
H. B. No. 57-XX-A bill to be entitled An Act to amend
Sections 3 and 4 of Chapter 30166, Acts of 1955, establishing So the bill passed, as amended, and was ordered engrossed.
a small claims court in Bay County, Florida, relating to com- Mr. Okell moved that the time of adjournment be extended
pensation of the judge and additional clerical personnel of until 3:00 P. M. today.
said court.
S The motion was agreed to, and it was so ordered.
The Speaker ruled that the introduction and consideration The motion was agreed to, and it was so ordered.
of House Bill No. 57-XX would constitute Legislative business By Messrs. Hopkins and Jernigan of Escambia-
other than that for which the Legislature was especially con-
vened. H. J. R. No. 58-XX-A Joint Resolution repealing Senate
Joint Resolution No. 1052, of the 1955 Legislature, abolishing
Mr. Bodiford moved that this House determine that it the Court of Record of Escambia County.
shall transact the Legislative business of the introduction B IT RE V T ATR TH TAT
and consideration of House Bill No. 57-XX. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 57-XX was admitted for That Senate joint resolution No. 1052, adopted at the regu-
introduction and consideration by the House. lar session of the legislature of 1955, amending article V of
the constitution of the State of Florida, is hereby repealed.
Proof of Publication of notice attached to House Bill No. The Speaker ruled that the introduction and consideration
57-XX. of House Joint Resolution No. 58-XX would constitute Leg-
The House of Representatives thereupon determined that islative business other than that for which the Legislature
the notice and evidence thereof required by Section 21 of was especially convened.
Article III of the Constitution, has been established in this Mr. Hopkins moved that this House determine that it shall
Legislature. transact the Legislative business of the introduction and con-
The above bill was read the first time by title. sideration of House Joint Resolution No. 58-XX.
Mr. Bodiford was given unanimous consent to now con- The motion was agreed to by the required Constitutional
side House Bill No. 57-XX. two-thirds vote, and House Joint Resolution No. 58-XX was
admitted for introduction and consideration by the House.
Mr. Bodiford moved that the rules be waived and House House Joint Resolution No. 58-XX was read the first time
Bill No. 57-XX be read a second time by title. in full and referred to the Committee on Constitutional Amend-
The motion was agreed to by a two-thirds vote and House ments.
Bill No. 57-XX was read a second time by title. By Mr. Alexander of Liberty-
Mr. Bodiford of Bay offered the following amendment to H. B. No. 59-XX-A bill to be entitled An Act to amend
House Bill No. 57-XX: Section 2 and Subsections (a) and (b) of Section 3 of
Chapter 30946, Laws of Florida, Acts of 1955, prescribing
In Section 3, wherever they appear strike out: the words the membership, terms of office, powers and duties and travel
and figures "six hundred twenty-five dollars ($625.00)". and expenses of the Board of Port Commissioners of the Liberty
insert the following in lieu thereof: "Five hundred dollars County Port Authority, and fixing an effective date.
($500.00)." The Speaker ruled that the introduction and consideration
Mr. Bodiford moved the adoption of the amendment, of House Bill No. 59-XX would constitute Legislative business
other than that for which the Legislature was especially
The motion was agreed to and the amendment was adopted. convened.
Mr. Bodiford moved that the rules be further waived and Mr. Alexander moved that this House determine that it shall












62 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

transact the Legislative business of the introduction and The motion was agreed to by the required Constitutional
consideration of House Bill No. 59-XX. two-thirds vote, and House Bill No. 60-XX was admitted for
introduction and consideration by the House.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 59-XX was admitted for The bill was read the first time by title.
introduction and consideration by the House.
Mr. Okell was given unanimous consent to now consider
Proof of Publication of notice attached to House Bill No. House Bill No. 60-XX.
59-XX.
Mr. Okell moved that the rules be waived and House Bill
The House of Representatives thereupon determined that No. 60-XX be read a second time by title.
the notice and evidence thereof required by Section 21 of
Article III of the Constitution, has been established in this The motion was agreed to by a two-thirds vote and House
Legislature. Bill No. 60-XX was read a second time by title.
The above bill was read the first time by title. Mr. Okell moved that the rules be further waived and House
Bill No. 60-XX be read a third time in full and placed upon
Mr. Alexander was given unanimous consent to now con- its passage.
siaer House Bill No. 59-XX.
The motion was agreed to by a two-thirds vote and House
Mr. Alexander moved that the rules be waived and House Bill No. 60-XX was read a third time in full.
Bill No. 59-XX be read a second time by title.
When the vote was taken on the passage of the bill the
The motion was agreed to by a two-thirds vote and House result was:
Bill No. 59-XX was read a second time by title.
Yeas:
Mr. Alexander moved that the rules be further waived and
House Bill No. 59-XX be read a third time in full and placed Mr. Speaker Cross Livingston Saunders
upon its passage. Alexander Dukes Mahon Shaffer
Andrews Duncan Maness Sheppard
The motion was agreed to by a two-thirds vote and House Arrington Frederick Marshburn Shipp
Bill No. 59-XX was read a third time in full. Ballinger Gibbons McAlpin Smith, S. C.
Bartholomew Gleaton Merritt Smith, S.N.,Jr.
When the vote was taken on the passage of the bill the Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
result was: Beck Griffin, J. J. Moody Stewart, E. L.
Yeas: Belser Grimes Musselman Surles
Bodiford Hathaway Okell Sweeny
Mr. Speaker Cross Livingston Saunders Boyd Herrell Orr Tillett
Alexander Dukes Mahon Shaffer Brewer Hopkins Page Turlington
Andrews Duncan Maness Sheppard Burton Home Papy Usina
Arrington Frederick Marshburn Shipp Carmine Inman Patton Varn
Ballinger Gibbons McAlpin Smith, S. C. Chaires Jernigan Peeples Weinstein
Bartholomew Gleaton Merritt Smith,S.N.,Jr. Chappell Johnson,C.R.Jr. Petersen Westberry
Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D. Cleveland Johnson, Tom Pittman Williams, B.D.
Beck Griffin, J. J. Moody Stewart, E. L. Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
Belser Grimes Musselman Surles Coleman Jones, O. W. Putnal Williams,J.R.A.
Bodiford Hathaway Okell Sweeny Conner King Revelle Youngberg
Boyd Herrell Orr Tillett Cook Knight Roberts, E. S. Zelmenovitz
Brewer Hopkins Page Turlington Costin Lancaster Roberts, H. W.
Burton Home Papy Usina Crews Land Rowell
Carmine Inman Patton Varn
Chaires Jernigan Peeples Weinstein Yeas-90
Chappell Johnson,C.R.Jr. Petersen Westberry
Cleveland Johnson, Tom Pittman Williams, B.D. Nays-None.
Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
Coleman Jones, O. W. Putnal Williams,J.R.A. So the bill passed, title as stated, and was ordered immedi-
Conner King Revelle Youngberg ately certified to the Senate.
Cook Cnight Roberts, E. S. Zelmenovitz By Messrs. Petersen of Pinellas and Pruitt of Jefferson-
Costin Lancaster Roberts, H. W.
Crews Land Rowell H. M. No. 61-XX-A Memorial to the Congress of the United
States of America urging them to propose such amendments
Yeas-90. to the Tenth Amendment to the Constitution of the United
Nays-None. States, as may be designed and calculated to enable the Con-
gress of the United States to review decrees or decisions of
So the bill passed, title as stated, and was ordered imme- the United States Supreme Court in matters affecting State's
diately certified to the Senate. Rights when petitioned by any state or states and empower
the Congress of the United States to uphold or nullify the
By Mr. Okell of Dade- decree or decision of the United States Supreme Court.
H. B. No. 60-XX-A bill to be entitled An Act relating to The Speaker withheld his ruling on the question of whether
all counties having a population of four hundred ninety thou- or not the introduction and consideration of House Memorial
sand (490,000) or more, according to the last official federal No. 61-XX would constitute Legislative business other than
census, in each judicial circuit of the State of Florida, provid- that for which the Legislature was especially convened, and
ing that homicides, either murder or manslaughter, shall be requested a recommendation of the Committee on Rules &
presented to the grand jury, and shall be prosecuted by the Calendar with respect thereto.
State Attorney upon an indictment in the Circuit Court hav-
ing jurisdiction and venue of said offense; providing an ef- By Mr. Rowell of Martin-
fective date.
The Speaker ruled that the introduction and consideration H. B. No. 62-XX-A bill to be entitled An Act prohibiting
of House Bill No. 60-XX would constitute Legislative and considerations the depositing in any of the waters of the lakes, rivers, har-
of House Bill No. 60-XX would constitute Legislative business bors, streams, ditches and canals in Martin County, Florida,
other than that for which the Legislature was especially con- bors, streams, ditches and canals in Martin County, Florida,
other than that for which the Legislature was especially con- any rubbish, filth or poisonous or deleterious substance or sub-
vened. stances in such quantity as is liable to affect the health of
Mr. Okell moved that this House determine that it shall persons, fish or livestock, or any material, substance or thing
transact the Legislative business of the introduction and con- in such quantity that the said waters are thereby rendered
sideration of House Bill No. 60-XX. unfit for one or more of the beneficial uses for which such












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 63

water was fit or suitable prior to the introduction of such Boards of County Commissioners in all counties in Florida
substance, material or thing, or which renders unsanitary or with a population of not less than six thousand four hundred
unclean any bathing beach; prohibiting the placing or deposit- (6,400) and not more than six thousand six hundred (6,600)
ing of any such substance, material or thing in any place where to set aside, earmark and distribute to county boards of public
the same may be washed or infiltered into any of such waters; instruction in said counties one hundred seventy-five thousand
prohibiting the discharging into the air of said county any dollars ($175,000); prescribing the purpose for its use and man-
smoke, vapor or gas in such quantity as is liable to affect the ner of payment.
health of persons, birds, livestock or vegetation or damages
property or any noisome odors or noxious gases in such quan- The Speaker ruled that the introduction and consideration
tity as to create a nuisance; authorizing and empowering the of House Bill No. 63-XX would constitute Legislative busi-
board of county commissioners of Martin County, Florida, ness other than that for which the Legislature was especially
and the State Board of Health of the State of Florida, jointly convened.
and severally, to enforce the provisions of this Act or any M.
rules, regulations, or criteria established by the State Board Mr. Jones of Collier moved that this House determine that
of Health to control air and water pollution by injunction it shall transact the Legislative business of the introduction
or other legal means; making the violation of this Act a mis- and consideration of House Bill No. 63-XX.
demeanor; repealing all laws or parts of laws in conflict here- The motion was agreed to by the required Constitutional
with and providing for a referendum to approve this Act. two-thirds vote, and House Bill No. 63-XX was admitted for
The Speaker ruled that the introduction and consideration introduction and consideration by the House.
of House Bill No. 62-XX would constitute Legislative business The bill was read the first time by title.
other than that for which the Legislature was especially con-
vened. Mr. Jones of Collier was given unanimous consent to now
Mr. Rowell moved that this House determine that it shall consider House Bi No. 63-XX.
transact the Legislative business of the introduction and con- Mr. Jones of Collier moved that the rules be waived and
sideration of House Bill No. 62-XX. House Bill No. 63-XX be read a second time by title.
The motion was agreed to by the required Constitutional two- The motion was agreed to by a two-thirds vote and House
thirds vote and House Bill No. 62-XX was admitted for intro- Bill No. 63-XX was read a second time by title.
duction and consideration by the House.
Mr. Jones of Collier moved that the rules be further waived
The bill was read the first time by title, and House Bill No. 63-XX be read a third time in full and
Mr. Rowell was given unanimous consent to now consider placed upon its passage.
House Bill No. 62-XX. The motion was agreed to by a two-thirds vote and House
Mr. Rowell moved that the rules be waived and House Bill Bill No. 63-XX was read a third time in full.
No. 62-XX be read a second time by title. When the vote was taken on the passage of the bill the
The motion was agreed to by a two-thirds vote and House result was:
Bill No. 62-XX was read a second time by title.
Yeas:
Mr. Rowell moved that the rules be further waived and House
Bill No. 62-XX be read a third time in full and placed upon Mr. Speaker Cross Livingston Saunders
its passage. Alexander Dukes Mahon Shaffer
Andrews Duncan Maness Sheppard
The motion was agreed to by a two-thirds vote and House Arrington Frederick Marshburn Shipp
Bill No. 62-XX was read a third time in full. Ballinger Gibbons McAlpin Smith, S. C.
Bartholomew Gleaton Merritt Smith,S.N..Jr.
When the vote was taken on the passage of the bill the re- Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
suit was: Beck Griffin, J. J. Moody Stewart, E. L.
Yeas: Belser Grimes Musselman Surles
Bodiford Hathaway Okell Sweeny
Mr. Speaker Cross Livingston Saunders Boyd Herrell Orr Tillett
Alexander Dukes Mahon Shaffer Brewer Hopkins Page Turlington
Andrews Duncan Maness Sheppard Burton Horne Papy Usina
Arrington Frederick Marshburn Shipp Carmine Inman Patton Varn
Ballinger Gibbons McAlpin Smith, S. C. Chaires Jernigan Peeples Weinstein
Bartholomew Gleaton Merritt Smith, S.N.,Jr. Chappell Johnson,C.R.Jr. Petersen Westberry
Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D. Cleveland Johnson, Tom Pittman Williams, B.D.
Beck Griffin, J. J. Moody Stewart, E. L. Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
Belser Grimes Musselman Surles Coleman Jones, O. W. Putnal Williams,J.R.A.
Bodiford Hathaway Okell Sweeny Conner King Revelle Youngberg
Boyd Herrell Orr Tillett Cook Knight Roberts, E. S. Zelmenovitz
Brewer Hopkins Page Turlington Costin Lancaster Roberts, H. W.
Burton Horne Papy Usina Crews Land Rowell
Carmine Inman Patton Varn
Chaires Jernigan Peeples Weinstein Yeas-90.
Chappell Johnson,C.R.Jr. Petersen Westberry
Cleveland Johnson, Tom Pittman Williams, B.D. Nays-None.
Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
Coleman Jones, O. W. Putnal Williams,J.R.A. So the bill passed, title as stated, and was ordered imme-
Conner King Revelle Youngberg diately certified to the Senate.
Cook Knight Roberts, E. S. Zelmenovitz
Costin Lancaster Roberts, H. W. By Mr. Jones of Collier-
Crews Land Rowell
H. B. No. 64-XX-A bill to be entitled An Act relating to
Yeas-90. auxiliary county offices in all counties in the state having a
population of not less than six thousand four hundred (6,400)
Nays-None. and not more than six thousand five hundred (6,500) accord-
So the bill passed, title as stated, and was ordered imme- ing to the last Federal census; to authorize the board of
diately certified to the Senate. county commissioners of said counties to acquire, establish,
equip and maintain auxiliary county offices outside the coun-
By Mr. Jones of Collier- ty seats of said counties and to pay the cost thereof from the
general revenue fund of the county; and providing an ef-
H. B. No. 63-XX-A bill to be entitled An Act authorizing fective date.













64 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

The Speaker ruled that the introduction and consideration The bill was read the first time by title.
of House Bill No. 64-XX would constitute Legislative busi-
ness other than that for which the Legislature was especially Mr. Alexander was given unanimous consent to now con-
convened. sider House Bill No. 65-XX.
Mr. Jones of Collier moved that this House determine that Mr. Alexander moved that the rules be waived and House
it shall transact the Legislative business of the introduction Bill No. 65-XX be read a second time by title.
and consideration of House Bill No. 64-XX. The motion was agreed to by a two-thirds vote and House
The motion was agreed to by the required Constitutional Bill No. 65-XX was read a second time by title.
two-thirds vote, and House Bill No. 64-XX was admitted for Mr. Alexander moved that the rules be further waived and
introduction and consideration by the House. House Bill No. 65-XX be read a third time in full and placed
The bill was read the first time by title. upon its passage.
Mr. Jones of Collier was given unanimous consent to now Bil o tio was read to two-thirds vote and House
consider House Bill No. 64 3 11 No. 65-XX was read a third time in full.
consider House Bill No. 64-XX.
When the vote was taken on the passage of the bill the
Mr. Jones of Collier moved that the rules be waived and result was vote was taen on the passge of the bl the
House Bill No. 64-XX be read a second time by title.
Yeas:
The motion was agreed to by a two-thirds vote and House Y
Bill No. 64-XX was read a second time by title. Mr. Speaker Cross Livingston Saunders
Alexander Dukes Mahon Shaffer
Mr. Jones of Collier moved that the rules be further waived Andrews Duncan Maness Sheppard
and House Bill No. 64-XX be read a third time in full and Arrington Frederick Marshburn Shipp
placed upon its passage. Ballinger Gibbons McAlpin Smith, S. C.
The motion was agreed to by a two-thirds vote and House Bartholomew Gleaton Merritt Smith,S.N.,Jr.
Bill No. 64-XX was read a third time in full. Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
Beck Griffin, J. J. Moody Stewart, E. L.
When the vote was taken on the passage of the bill the Belser Grimes Musselman Surles
result was: Bodiford Hathaway Okell Sweeny
Boyd Herrell Orr Tillett
Yeas: Brewer Hopkins Page Turlington
Burton Horne Papy Usina
Mr. Speaker Cross Livingston Saunders Barne IHonn Pattn Van
Alexander Dukes Mahon Shaffer Chaires Jernigan Peeples Weinstein
Andrews Duncan Maness Sheppard Chappell Johnson,C.R.Jr.Petersen Westberry
Arrington Frederick Marshburn Shipp Cleveland Johnson, Tom Pittman Williams, B.D.
Ballinger Gibbons McAlpin Smith, S. C. Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
Bartholomew Gleaton Merritt Smith,S.N.,Jr. Coleman Jones, 0. W. Putnal Williams,J.R.A
Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D. Conner King Revelle Youngberg
Beck Griffin, J. J. Moody Stewart, E. L. Cook Knight Roberts, E. S. Zelmenovitz
Belser Grimes Musselman Surles Costin Lancaster Roberts, H. W.
Bodiford Hathaway Okell Sweeny Crews Land Rowell
Boyd Herrell Orr Tillett
Brewer Hopkins Page Turlington Yeas-90.
Burton Horne Papy Usina
Carmine Inman Patton Varn Nays-None.
Chaires Jernigan Peeples Weinstein So a ,
Chappell Johnson,C.R.Jr.Petersen Westberry So the bill passed, title as stated, and was ordered immedl-
Cleveland Johnson, Tom Pittman Williams, B.D. lately certified to the Senate.
Cobb Jones, D.C.Jr. Pruitt Wil]iams,G.W. By Messrs. Jernigan and Hopkins of Escambia-
Coleman Jones, O. W. Putnal Williams,J.R.A.
Conner King Revelle Youngberg H. B. No. 66-XX-A bill to be entitled An Act to provide
Cook Cnight Roberts, E. S. Zelmenovitz for the appointment of Bailiffs of the Court of Record in and
Costin Lancaster Roberts, H. W. for Escambia County; to provide for their compensation and
Crews Land Rowell manner of payment thereof; and providing an effective date.
The Speaker ruled that the introduction and consideration
Yeas-90. of House Bill No. 66-XX would constitute Legislative business
other than that for which the Legislature was especially con-
Nays-None. vened.
So the bill passed, title as stated, and was ordered imme- Mr. Hopkins moved that this House determine that it shall
diately certified to the Senate. transact the Legislative business of the introduction and con-
By Mr. Alexander of Liberty- sideration of House Bill No. 66-XX.
The motion was agreed to by the required Constitutional
H. B. No. 65-XX-A bill to be entitled An Act to amend Sub- two-thirds vote, and House Bill No. 66-XX was admitted for
section (h) of Section 3 of Chapter 30946, Laws of Florida, introduction and consideration by the House.
Acts of 1955, authorizing the Board of Port Commissioners
of the Liberty County Port Authority to issue revenue bonds The bill was read the first time by title.
or certificates; providing for the sale, validation and retire-
ment of said bonds or certificates, and providing a referendum. Mr. Hopkins was given unanimous consent to now con-
sider House Bill No. 66-XX.
The Speaker ruled that the introduction and consideration
of House Bill No. 65-XX would constitute Legislative business Mr. Hopkins moved that the rules be waived and House
other than that for which the Legislature was especially con- Bill No. 66-XX be read a second time by title.
vened.
The motion was agreed to by a two-thirds vote and House
Mr. Alexander moved that this House determine that it Bill No. 66-XX was read a second time by title-
shall transact the Legislative business of the introduction and Mr. Hopkins moved that the rules be further waived and
consideration of House Bill No. 65-XX. House Bill No. 66-XX be read a third time in full and placed
The motion was agreed to by the required Constitutional upon its passage.
two-thirds vote, and House Bill No. 65-XX was admitted for The motion was agreed to by a two-thirds vote and House
introduction and consideration by the House. Bill No. 66-XX was read a third time in full.












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 65

When the vote was taken on the passage of the bill the Gleaton Lancaster Peeples Stewart, E. L.
result was: Griffin,B.H.Jr. Land Petersen Surles
Griffin, J. J. Livingston Pittman Sweeny
Yeas: Grimes Mahon Pruitt Tillett
SS C i S Hathaway Maness Putnal Turlington
Mr. Speaker Cross Livingston Saunders Herrell Marshburn Revelle Usina
Alexander Dukes Mahon Shaffer Hopkins McAlpin Roberts, E.S. Varn
Andrews Duncan Maness Sheppard Hopkins McAlperritt Roberts, E. S. VarWeinste
Arrington Frederick Marshburn Shipp Horne Merritt Roberts, H. W. Weinstein
Arrington Frederick Marshburn Shipp Inman Mitchell Rowell Westberry
Ballinger Gibbons McAlpin Smith, S. C. Jeigan Moody Saunders Williams, B.D.
Bartholomew Gleaton Merritt Smith,S.N.,Jr. Johnson R.Jr. Musselman Shaffer Williams,G.W.
Beasley Griffin,B.H.Jr. Mitchell Stewart, C.D. Johnson, Tom Okell Sheppard Williams,J.R.A.
Beck Griffin, J. J. Moody Stewart, E. L. Jones, D.C.Jr. Orr Shipp Youngberg
Belser Grimes Musselman Surles
Belser Grimes Musselman Surles Jones, O. W. Page Smith, S. C. Zelmenovitz
Bodiford Hathaway Okell Sweeny King Papy Smith, S.N.,Jr.
Boyd Herrell Orr Tillett Knight Patton Stewart, C. D.
Brewer Hopkins Page Turlington
Burton Home Papy Usina Yeas-90.
Carmine Inman Patton Varn
Chaires Jernigan Peeples Weinstein Nays-None.
Chappell Johnson,C.R.Jr. Petersen Westberry
Cleveland Johnson, Tom Pittman Williams, B.D. So the bill passed, title as stated, and was ordered imme-
Cobb Jones, D.C.Jr. Pruitt Williams,G.W. diately certified to the Senate.
Coleman Jones, O. W. Putnal Williams,J.R.A. By Messrs. Turlington of Alachua, Hopkins of Escambia and
Conner King Revelle Youngberg Westberry of Duval-
Cook Knight Roberts, E. S. Zelmenovitz
Costin Lancaster Roberts, H. W. H. B. No. 68-XX-A bill to be entitled An Act to repeal
Crews Land Rowell Chapter 29776, Acts 1955, being chapter 298, Florida Statutes,
authorizing the organization and regulating the operation of
Yeas-90. development credit corporations; providing an effective date.
Nays-None. The bill was read the first time by title and referred to the
So the bill passed, title as stated, and was ordered im- Committee on Judiciary-Civil.
mediately certified to the Senate. By Messrs. Grimes of Manatee, Surles of Polk, Bartholo-
y M H s ad J n f Es mew and Youngberg of Sarasota, Carmine and Sheppard of
By Messrs. Hopks and Jernigan of Escambia- Lee, Jones of Collier, Smith of DeSoto, Hathaway of Charlotte,
H. B. No. 67-XX-A bill to be entitled An Act amending Peeples of Glades and Stewart of Hendry-
Section 2 of Chapter 28548, Laws of Florida, 1953, providing H. B. No. 69-XX-A bill to be entitled An Act authorizing the
for the payment by the Board of County Commissioners of Governor to appoint commissioners to determine the population
Escambia County, Florida, of the necessary expenses for the judicial circuit by the use of criteria furnished by
d nty in an of any judicial circuit by the use of criteria furnished by
operation of the small claims court for said County in an the United States Census Bureau, and after public hearing;
amount not to exceed seven thousand five hundred dollars providing an effective date
($7,500) per year from the general fund of said County; providing an effective date.
providing effective date. The bill was read the first time by title and ordered referred
The Speaker ruled that the introduction and consideration to the Committee on Judiciary-Civil.
of House Bill No. 67-XX would constitute Legislative business By Messrs. Mahon, Maness and Westberry of Duval-
other than that for which the Legislative was especially
convened. H. B. No. 70-XX-A bill to be entitled An Act to amend
Section 74.01, Florida Statutes 1955 by adding to the enumera-
Mr. Hopkins moved that this House determine that it shall tion of those bodies politic or corporate entitled to the benefit
transact the Legislative business of the introduction and con- of Chapter 74, Florida Statutes 1955, an additional category,
sideration of House Bill No. 67-XX. namely, corporate agencies of the State of Florida having
The motion was agreed to by the required Constitutional power of eminent domain.
two-thirds vote, and House Bill No. 67-XX was admitted The bill was read the first time by title and referred to the
for introduction and consideration by the House. Committee on Judiciary-Civil.
The bill was read the first time by title. By Mr. King of St. Lucie-
Mr. Hopkins was given unanimous consent to now consider H. B. No. 71-XX-A bill to be entitled An Act to amend Sec-
House Bill No. 67-XX. tions 6, 14, 115, 117, and 123 and to repeal Section 120 of Chap-
Se Bill ter 24528, Laws of Florida, Special Acts of 1947, entitled: "An
Mr. Hopkins moved that the rules be waived and House Bill Act to abolish the present municipal government of the city
No. 67-XX be read a second time by title. of Fort Pierce, in the county of St. Lucie, Florida, and to
The motion was agreed to by a two-thirds vote and House establish, organize and constitute a municipality to be known
Bill No. 67-XX was read a second time by title. as City of Fort Pierce, and to define its territorial boundaries,
and to provide for its jurisdiction, powers and privileges";
Mr. Hopkins moved that the rules be further waived and and providing for a referendum.
House Bill No. 67-XX be read a third time in full and placed
upon its passage. The Speaker ruled that the introduction and consideration
upon s passageof House Bill No. 71-XX would constitute Legislative business
The motion was agreed to by a two-thirds vote and House other than that for which the Legislature was especially con-
Bill No. 67-XX was read a third time in full. vened.
When the vote was taken on the passage of the bill the re- Mr. King moved that this House determine that it shall
sult was: transact the Legislative business of the introduction and
Yeas: consideration of House Bill No. 71-XX.
Mr. Speaker Beck Chaires Costin The motion was agreed to by the required Constitutional
Alexander Belser Chappell Crews two-thirds vote, and House Bill No. 71-XX was admitted
Andrews Bodiford Cleveland Cross for introduction and consideration by the House.
Arrington Boyd Cobb Dukes Proof of Publication of notice attached to House Bill No.
Ballinger Brewer Coleman Duncan 71-XX.
Bartholomew Burton Conner Frederick
Beasley Carmine Cook Gibbons The House of Representatives thereupon determined that












66 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

the notice and evidence thereof required by Section 21 of The above bill was read the first time by title.
Article III of the Constitution, has been established in this Mr. King was given unanimous consent to now consider
Legislature. House Bill No. 72-XX.
The above bill was read the first time by title. Mr. King moved that the rules be waived and House Bill
Mr. King was given unanimous consent to now consider No. 72-XX be read a second time by title.
House Bill No. 71-XX. The motion was agreed to by a two-thirds vote and House
Mr. King moved that the rules be waived and House Bill Bill No. 72-XX was read a second time by title.
No. 71-XX be read a second time by title. Mr. King moved that the rules be further waived and House
The motion was agreed to by a two-thirds vote and House Bill No. 72-XX be read a third time in full and placed upon
Bill No. 71-XX was read a second time by title, its passage.
Mr. King moved that the rules be further waived and House The motion was agreed to by a two-thirds vote and House
Bill No. 71-XX be read a third time in full and placed upon its Bill No. 72-XX was read a third time in full.
passage. When the vote was taken on the passage of the bill the
The motion was agreed to by a two-thirds vote and House result was:
Bill No. 71-XX was read a third time in full. Yeas:
When the vote was taken on the passage of the bill the Mr. Speaker Cross Livingston Saunders
result was: Alexander Dukes Mahon Shaffer
Yeas: Andrews Duncan Maness Sheppard
Arrington Frederick Marshburn Shipp
Mr. Speaker Cross Livingston Saunders Ballinger Gibbons McAlpin Smith, S. C.
Alexander Dukes Mahon Shaffer Bartholomew Gleaton Merritt Smith,S.N.,Jr.
Andrews Duncan Maness Sheppard Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
Arrington Frederick Marshburn Shipp Beck Griffin, J. J. Moody Stewart, E. L.
Ballinger Gibbons McAlpin Smith, S. C. Belser Grimes Musselman Surles
Bartholomew Gleaton Merritt Smith,S.N.,Jr. Bodiford Hathaway Okell Sweeny
Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D. Boyd Herrell Orr Tillett
Beck Griffin, J. J. Moody Stewart, E. L. Brewer Hopkins Page Turlington
Belser Grimes Musselman Surles Burton Horne Papy Usina
Bodiford Hathaway Okell Sweeny Carmine Inman Patton Varn
Boyd Herrell Orr Tillett Chaires Jernigan Peeples Weinstein
Brewer Hopkins Page Turlington Chappell Johnson,C.R.Jr.Petersen Westberry
Burton Home Papy Usina Cleveland Johnson, Tom Pittman Williams, B.D.
Carmine Inman Patton Varn Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
Chaires Jernigan Peeples Weinstein Coleman Jones, O. W. Putnal Williams,J.R.A.
Chappell Johnson,C.R.Jr.Petersen Westberry Conner King Revelle Youngberg
Cleveland Johnson, Tom Pittman Williams, B.D. Cook Knight Roberts, E. S. Zelmenovitz
Cobb Jones, D.C.Jr. Pruitt Williams,G.W. Costin Lancaster Roberts, H. W.
Coleman Jones, O. W. Putnal Williams,J.R.A. Crews Land Rowell
Conner King Revelle Youngberg
Cook Knight Roberts, E. S. Zelmenovitz Yeas-90.
Costin Lancaster Roberts, H. W. Nays-None.
Crews Land Rowell
So the bill passed, title as stated, and was ordered immedi-
Yeas-90. ately certified to the Senate.
Nays-None. CONSIDERATION OF MESSAGES FROM THE SENATE
So the bill passed, title as stated, and was ordered immedi- The following message from the Senate was received and
ately certified to the Senate. read:
By Mr. King of St. Lucie-- Tallahassee, Florida
H. B. No. 72-XX-A bill to be entitled An Act to validate July 26, 1956
all proceedings heretofore taken and had by the city com- H Te a
mission of Fort Pierce, Florida relating to the issuance of Speaker of the House of Representatives.
$2,180,000.00 utility sewer revenue bonds, dated April 1, 1955; Sir-
and validating the pledge by the city commission of Fort
Pierce, Florida of the net revenues of the municipal sewer I am directed by the Senate to inform the House of Repre-
system and of the net proceeds of the utilities service taxes to sentatives that the Senate has introduced by two-thirds vote
the payment of the principal of and interest on said utility and passed-
sewer revenue bonds.
By Senators Tapper, Hodges, Carraway, Johnson, Rawls,
The Speaker ruled that the introduction and consideration Melvin, Connor, Black and Fraser-
of House Bill No. 72-XX would constitute Legislative business
other than that for which the Legislature was especially con- S. B. No. 29-XX(56)--A bill to be entitled An Act to amend
vened. Section 139 of Chapter 29965, Laws of Florida, Acts of 1955,
the Florida Highway Code of 1955, the same being Section
Mr. King moved that this House determine that it shall 339.08, Florida Statutes, by the addition of Paragraph (e) to
transact the Legislative business of the introduction and con- Subsection (2) to provide for the maintenance of certain roads
sideration of House Bill No. 72-XX. by the State Road Department and the payment of the costs
The motion was agreed to by the required Constitutional thereof from the first gas tax (4c), and making this Act
two-thirds vote, and House Bill No. 72-XX was admitted effective immediately.
for introduction and consideration by the House.
for introduction and consideration by the House. The Speaker ruled that the introduction and consideration
Proof of Publication of notice attached to House Bill No. of Senate Bill No. 29-XX, contained in the above message,
72-XX. would constitute Legislative business other than that for
which the Legislature was especially convened.
The House of Representatives thereupon determined that
the notice and evidence thereof required by Section 21 of Article Mr. Surles moved that this House determine that it shall
III of the Constitution, has been established in this Legisla- transact the Legislative business of the introduction and con-
ture. sideration of Senate Bill No. 29-XX.












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 67

The motion was agreed to by the required Constitutional by two-thirds vote and passed-
two-thirds vote, and Senate Bill No. 29-XX was admitted for
introduction and consideration by the House. By Senators Rood, Johnson, Connor, Carlton, Fraser and
Neblett-
The bill was read the first time by title and referred to
the Committee on Public Roads & Highways. S. B. No. 46-XX(56)-A bill to be entitled An Act authorizing
the Governor to appoint Commissioners to determine the
Tallahassee, Florida population of any Judicial Circuit by the use of criteria
July 26, 1956 furnished by the United States Census Bureau, and after
public hearing; providing effective date.
Hon. Ted David
Speaker of the House of Representatives. -and respectfully requests the concurrence of the House
therein.
Sir- Very respectfully,
I am directed by the Senate to inform the House of Rep- ROBT. W. DAVIS,
resentatives that the Senate has admitted for introduction Secretary of the Senate.
and consideration by two-thirds vote and passed by the re- And Senate Bill No. 46-XX contained in the above message,
quired Constitutional three-fifths vote of all members elected was read the first time by title and referred to the Con-
to the Senate for the 1956 extraordinary session of the Florida mittee on Judiciary-Civil.
Legislature-
Tallahassee, Florida
By Senator Houghton- July 26, 1956
SENATE JOINT RESOLUTION NO. 34-XX(56)-A Joint Hon. Ted David
Resolution proposing to amend Article XVI of the Constitution, Speaker of the House of Representatives.
relating to location of County Offices, by adding a new section,
Numbered 4A, providing for jury trials of Civil Suits in cer- Sir-
tain Municipalities within Pinellas County.
I am directed by the Senate to inform the House of Rep-
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE resentatives that the Senate has admitted for introduction
OF FLORIDA: and consideration by two-thirds vote and passed-
That the following amendment to Article XVI of the Con- By Committee on Appropriations-
stitution of the state of Florida, relating'to the location of
county offices, be and the same is hereby agreed to and shall S. B. No. 47-XX(56)-A bill to be entitled An Act relating
be submitted to the electors of the state of Florida for ap- to the State General Appropriations Law; amending Sub-
proval or rejection at the next general election to be held section (2), first paragraph, of Section 282.01, Florida Statutes,
in A. D. 1956, that is to say that a new section, to be num- by authorizing planning and construction of buildings when-
bered Section 4A, be added to Article XVI of the Constitution ever the State Budget Commission finds that sufficient funds
of the state of Florida, said new Section 4A to read: are available to meet appropriations for Capital Outley Build-
ings and Improvements; and providing an effective date.
Section 4A. Civil Jury Trials in Pinellas county; location in
certain municipalities within said county.-The legislature may, -and respectfully requests the concurrence of the House
from time to time and as the business of Pinellas county may therein.
require, provide that trial by jury of all civil suits, properly Very respectfully,
triable by jury according to law, may be had and held in ROBT. W. DAVIS,
any municipality, within said county, having a population of Secretary of the Senate.
more than seventy-five thousand (75,000) inhabitants accord-
ing to the latest official census. The Legislature may provide The Speaker ruled that the introduction and consideration
also that the clerk of any court or any other court officer, of Senate Bill No. 47-XX, contained in the above message,
within said county, shall maintain such offices within such would constitute Legislative business other than that for
municipality, and keep such official books and records therein, which the Legislature was especially convened.
as may be necessary to accomplish the purposes of this amend- Mr. Moody moved that this House determine that it shall
ment; provided, however, that the principal offices of such transact the Legislative business of the introduction and con-
clerks or other officers shall not be removed from the county sact s as and
seat. sideration of Senate Bill No. 47-XX.
-and respectfully requests the concurrence of the House The motion was agreed to by the required Constitutional
therein. two-thirds vote, and Senate Bill No. 47-XX was admitted for
Very respectfully, introduction and consideration by the House.
"ROBT. W. DAVIS, The bill was read the first time by title and referred to
Secretary of the Senate. the Committee on Appropriations.
The Speaker ruled that the introduction and consideration Tallahassee, Florida,
of Senate Joint Resolution No. 34-XX, contained in the above July 26, 1956
message, would constitute Legislative business other than thaty
for which the Legislature was especially convened. Honorable Ted David
Mr. Shaffer moved that this House determine that it shall Speaker of the House of Representatives.
transact the Legislative business of the introduction and con- Sir:
sideration of Senate Joint Resolution No. 34-XX.
I am directed by the Senate to inform the House of Repre-
The motion was agreed to by the required Constitutional sentatives that the Senate has passed-
two-thirds vote, and Senate Joint Resolution No. 34-XX was
admitted for introduction and consideration by the House. By Senator Barber-
Senate Joint Resolution No. 34-XX was read the first time S. B. No. 9-XX(56)-A bill to be entitled An Act relating to
in full and referred to the Committee on Constitutional Amend- the personnel of the Department of Public Safety; amending
ments. Section 321.04, Florida Statutes, as amended by Section 1,
Tallahassee, Florida Chapter 29816, Acts 1955, by increasing the number of patrol
Juy 26, 16 officers authorized to be employed as members of the Florida
Hon. Ted David July 26, 1956 Highway Patrol.
Speaker of the House of Representatives. -and respectfully requests the concurrence of the House
Sir- therein.
Very respectfully,
I am directed by the Senate to inform the House of Rep- ROBT. W. DAVIS,
resentatives that the Senate has admitted for introduction Secretary of the Senate.













68 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

And Senate Bill No. 9-XX, contained in the above message, Yeas:-
was read the first time by title and placed on the Calendar
without reference, being a companion measure to a House Mr. Speaker Cross Livingston Saunders
Bill now on the Calendar. Alexander Dukes Mahon Shaffer
Andrews Duncan Maness Sheppard
Tallahassee, Florida, Arrington Frederick Marshburn Shipp
Ballinger Gibbons McAlpin Smith, S. C.
July 26, 1956 Bartholomew Gleaton Merritt Smith,S.N.,Jr.
Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
Honorable Ted David Beck Griffin, J. J. Moody Stewart, E. L.
Speaker of the House of Representatives. Belser Grimes Musselman Surles
Sir: Bodiford Hathaway Okell Sweeny
Boyd Herrell Orr Tillett
I am directed by the Senate to inform the House of Repre- Brewer Hopkins Page Turlington
sentatives that the Senate has introduced for consideration by Burton Horne Papy Usina
two-thirds vote and passed- Carmine Inman Patton Varn
Chaires Jernigan Peeples Weinstein
By Senator Morgan- Chappell Johnson,C.R.Jr.Petersen Westberry
Cleveland Johnson, Tom Pittman Williams, B.D.
S. B. No. 40-XX(56)-A bill to be entitled An Act author- Cobb Jones, D.C.Jr. Pruitt Williams,G.W.
izing the City of Jacksonville to acquire, fill, bulkhead, de- Coleman Jones, O. W. Putnal Williams,J.R.A.
velop and improve real estate on the waterfront of the St. Conner King Revelle Youngberg
Johns River bounded on the north by Water Street, on the Cook Knight Roberts, E. S. Zelmenovitz
east by South Hogan Street, on the, south by the St. Johns Costin Lancaster Roberts, H. W.
River and on the west by property of the Atlantic Coast Line Crews Land Rowell
Railroad Company, for park and municipal purposes; requir-
ing certain amounts to be set up in the annual budget each Yeas-90.
year for the years 1958 to 1967, both inclusive, in a waterfront
development fund for the purpose of acquiring, improving and Nays-None.
developing such real estate, and requiring the use of such So the bill passed, title as stated, and was ordered immedi-
funds exclusively for such purpose; and authorizing the issu- lately certified to the Senate.
ance of certificates of indebtedness secured solely by a pledge
of the moneys in such fund for the acquisition, improvement
and development of such real estate. Tallahassee, Florida
Proof attached. July 26, 1956

-and respectfully requests the concurrence of the House Hon. Ted David
therein. Speaker of the House of Representatives.
Sir-
Very respectfully,
ROBT. W. DAVIS, I am directed by the Senate to inform the House of Repre-
Secretary of the Senate. sentatives that the Senate has introduced for consideration
by two-thirds vote and adopted-
The Speaker ruled that the introduction and consideration
of Senate Bill No. 40-XX, contained in the above message, By Senator Barber-
would constitute Legislative business other than that for S. C. R. No. 41-XX(56)-A Concurrent Resolution propos-
which the Legislature was especially convened. ing the appointment of an interim committee to be known
Mr. Mahon moved that this House determine that it shall as a Med-fly eradication and pest control committee.
transact the Legislative business of the introduction and con- BE IT RESOLVED BY THE SENATE OF THE STATE OF
sideration of Senate Bill No. 40-XX. FLORIDA, THE HOUSE OF REPRESENTATIVES CONCUR-
RING:
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 40-XX was admitted Section 1. That the President of the Senate be directed
for introduction and consideration by the House. to appoint three (3) members of the Senate, and the Speaker
of the House of Representatives shall be directed to appoint
Proof of publication of Notice attached to Senate Bill No. four (4) members of the House on a Special Interim Commit-
40-XX. tee, to be known as the Med-fly Eradication and Pest Control
Committee, which Committee shall serve until the Legislature
The House of Representatives thereupon determined that of 1957, and shall be paid per diem and mileage during the
the notice and evidence thereof required in Section 21 of time in which members of the Committee are active on Corn-
Article III of the Constitution, has been established in this mittee business.
Legislature.
Section 2. This Committee, above named, shall:
The bill was read the first time by title.
(1) Advise with the Budget Commissioners in respect to
Mr. Mahon was given unanimous consent to now consider the release of emergency funds for the Mediterranean Fruit
Senate Bill No. 40-XX. Fly eradication program;
Mr. Mahon moved that the rules be waived and Senate (2) Observe the progress of such a program and other
Bill No. 40-XX be read a second time by title, pest and disease control needs in the state;

The motion was agreed to by a two-thirds vote and Senate (3) Make a report to the next Regular Session of the
Bill No. 40-XX was read a second time by title. Legislature of the progress and needs for further pest eradi-
cation with recommendations for the continued financing
Mr. Mahon moved that the rules be further waived and thereof.
Senate Bill No. 40-XX be read a third time in full and placed
upon its passage. Section 3. This Committee shall be given authority to em-
ploy a secretary, whose salary shall be paid by the Legislature.
The motion was agreed to by a two-thirds vote and Senate This Committee shall have authority to employ such additional
Bill No. 40-XX was read a third time in full. assistants as necessary to obtain vital information required
for an authentic report to the next Legislature. The salary
When the vote was taken on the passage of the bill the for such additional assistants shall be paid from legislative
result was: appropriation.












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 69

-and respectfully requests the concurrence of the House Tallahassee, Florida,
therein.
July 26, 1956
Very respectfully,
ROBT. W. DAVIS, Honorable Ted David
Secretary of the Senate. Speaker of the House of Representatives.
And Senate Concurrent Resolution No. 41-XX contained in Sir:
the above message, was read the first time in full and referred
to the Committees on Citrus Fruit and Appropriations. I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction by
Tallahassee, Florida, two-thirds vote and passed by the required Constitutional
two-thirds vote of all members elected to the Senate for the
July 26, 1956 1956 Extraordinary Session of the Florida Legislature:
Hon. Ted David By Committee on Finance and Taxation-
Speaker of the House of Representatives.
S. B. No. 43-XX(56)-A bill to be entitled An Act for the
Sir: relief of the Washington County Kennel Club, Inc., a Florida
corporation, and providing a tax credit to said Kennel Club
I am directed by the Senate to inform the House of Repre- copatin, and providing a tax crent to saKennel Club
sentatives that the Senate has introduced for consideration to compensate the said Washington County Kennel Club for
sentatives two-thatirds vothe Senate has introduced for consideration taxes paid to the State of Florida which were in excess of
by two-thirds vote and passed- the amount intended to be paid by the Florida Legislature;
By Senator Beall- providing an effective date.
S. B. No. 42-XX(56)--A bill to be entitled An Act relating to -and respectfully requests the concurrence of the House
the reinstatement of employees of the State of Florida, who therein.
were separated from their employment by reason of member-
ship of the Legislature of the State of Florida during the year Very respectfully,
of 1955; providing for the rate of compensation payable upon ROBT. W. DAVIS,
reinstatement and that no compensation shall be paid to such Secretary of the Senate.
employees for the period intervening between such separa- The Speaker ruled that the introduction and consideration
tion and the reinstatement; that such reinstated employee of Senate Bill No. 43-XX, contained in the above message
shall become a member of the merit system in any department would constitute Legislative business other than that for
where such system is in effect, as of the date when the same which the Legislature was especially convened.
became effective in any such department or agency.
Mr. Knight moved that this House determine that it shall
-and respectfully requests the concurrence of the House transact the Legislative business of the introduction and con-
therein. sideration of Senate Bill No. 43-XX.
Very respectfully, The motion was agreed to by the required Constitutional
ROBT. W. DAVIS two-thirds vote, and Senate Bill No. 43-XX was admitted for
Secretary of the Senate. introduction and consideration by the House.
The Speaker ruled that the introduction and consideration The bill was read the first time by title and referred to
of Senate Bill No. 42-XX, contained in the above message, the Committee on Finance & Taxation.
would constitute Legislative business other than that for which
the Legislature was especially convened. INTRODUCTION OF GUESTS

Mr. Hopkins moved that this House determine that it shall Mr. Cobb introduced the Honorable Fred Karl, Democratic
transact the Legislative business of the introduction and con- nominee for Member of the 1957 House of Representatives
sideration of Senate Bill No. 42-XX. from Volusia County.
The motion was agreed to by the required Constitutional Mr. King introduced the Honorable Raymond Padgett,
two-thirds vote, and Senate Bill No. 42-XX was admitted for Mayor, the Honorable Errol Wills, City Attorney and Mr. Avery
introduction and consideration by the House. Sloan, all of Fort Pierce.
The bill was read the first time by title and referred to Mr. Pittman introduced the Honorable W. D. Robertson,
the Committee on Pensions & Retirement. Santa Rosa County Attorney, and Mrs. Robertson, together
Tallahassee, Florida with their son, David Robertson.
July 26, 1956 Mr. Okell moved that the House now adjourn to reconvene
at 2:00 P. M. on Monday, July 30.
Hon. Ted David
Speaker of the House of Representatives. Mr. Surles offered a substitute motion that the House ad-
journ at 3:00 P. M. today to reconvene at 11:00 A. M. to-
"S- morrow.
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has introduced by two-thirds vote A roll call was demanded.
and passed.
an passe. When the vote was taken on the substitute motion to ad-
By Senator Clarke- journ, the result was:
S. B. No. 45-XX(56)--A bill to be entitled An Act to repeal Yeas:
Chapter 29776, Acts 1955, being Chapter 298, Florida Statutes,
authorizing the organization and regulating the operation of Mr. Speaker Gibbons Mahon Smith,S.N.,Jr.
Development Credit Corporations; providing an effective date. Alexander Griffin,B.H.Jr. McAlpin Surles
Ballinger Griffin, J. J. Merritt Sweeny
-and respectfully requests the concurrence of the House Blank Grimes Musselman Turlington
therein. Bodiford Hathaway Orr Usina
Very respectfully, Brewer Herrell Papy Weinstein
ROBT. W. DAVIS, Burton Hopkins Patton Westberry
Secretary of the Senate. Chaires Horne Revelle Williams, B.D.
Cleveland Jernigan Roberts, E. S. Zelmenovitz
And Senate Bill No. 45-XX contained in the above message, Cook Jones, O. W. welll
was read the first time by title and referred to the Committee Crews Knight Shaffer
on Industrial Development. Duncan Land Smith, S. C.












70 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 26, 1956

Nays: And House Bill No. 55-XX, contained in the above report,
was placed on the Calendar of Bills for Second Reading.
Andrews Cross Maness Saunders
Arrington Dukes Marshburn Sheppard July 26, 1956
Bartholomew Frederick Mitchell Shipp
Beasley Gleaton Moody Stewart. C. D. Your Committee on Engrossing & Enrolling to which was
Beck Johnson,C.R.Jr. Okell Stewart, E. L. referred-
Belser Johnson, Tom Page Tillett S. B. No. 10-XX
Boyd Jones, D.C.Jr. Petersen Varn
Coleman King Pruitt Williams,G.W. -with amendments, begs leave to report the same has been
Conner Lancaster Putnal Williams,J.R.A. carefully examined and correctly engrossed and is herewith
Costin Livingston Eoberts, H. W. Youngberg returned.
Yeas-45. Very respectfully,
W. M. INMAN
Nays-40 Chairman,
The substitute motion was agreed to. Committee on Engrossing & Enrolling.
REPORTS OF STANDING COMMITTEES -and Senate Bill No. 10-XX, with amendments, was or-
Mr. Mahon moved that the rules be waived and the Com- dered certified to the Senate.
mittee on Internal Affairs & Education-Special be granted July 26, 1956
an additional four days for the consideration of House Bills
Nos. 24-XX and 25-XX and House Concurrent Resolution Your Committee on Engrossing & Enrolling to which was re-
No. 26-XX. ferred-
The motion was agreed to by a two-thirds vote and it S. B. No. 13-XX
was so ordered.
July 26, 1956 -with amendments, begs leave to report the same has been
carefully examined and correctly engrossed and is herewith
Mr. Boyd of Lake, Chairman of the Committee on Public returned.
Roads & Highways, reports that the Committee has carefully
considered the following bill and recommends that it pass as Very respectfully,
amended: W. M. INMAN
Chairman,
H. B. No. 32-XX-A bill to be entitled An Act to amend
Section 139 of Chapter 29965, Laws of Florida, Acts of 1955, Committee on Engrossing & Enrolling.
the Florida Highway Code of 1955, the same being Section -and Senate Bill No. 13-XX, with amendments, was ordered
339.08, Florida Statutes, by the addition of paragraph (e) to certified to the Senate.
subsection (2) to provide for the maintenance of certain
roads by the State Road Department and the payment of the July 26, 1956
costs thereof from the first gas tax (40), and making this
Act effective immediately. Your Committee on Engrossing & Enrolling to which was
referred-
-which amendment reads as follows: In Section 1, Sub-section
2(e), following the words "this code." add section 2(f): "This S. B. No. 12-XX
act shall expire July 1, 1957". -with amendments, begs leave to report the same has been
And House Bill No. 32-XX, contained in the above report, carefully examined and correctly engrossed and is herewith
together with Committee amendment thereto, was placed on returned.
the Calendar of Bills for Second Reading. Very respectfully,
July 25, 1956 W. M. INMAN
Chairman,
Mr. Moody of Hillsborough, Chairman of the Committee on
Appropriations, reports that the Committee has carefully con- Committee on Engrossing & Enrolling.
sidered the following bill and recommends that it pass as -and Senate Bill No. 12-XX, with amendments, was ordered
amended: certified to the Senate.
H. B. No. 15-XX-A bill to be entitled An Act relating to Your Committee on Engrossing & Enrolling to which was
the personnel of the Department of Public Safety; amending referred-
Section 321.04, Florida Statutes, as amended by Section 1,
Chapter 29816, Acts 1955, by increasing the number of patrol House Concurrent Resolution No. 2-XX.
officers authorized to be employed as members of the Florida
Highway Patrol. -begs leave to report same has been properly enrolled, signed
by the Speaker and Chief Clerk of the House of Representatives,
-which amendment reads as follows: and by the President and Secretary of the Senate, and pre-
Amendment No. 1 sented to the Governor on July 26, 1956.
Very respectfully,
In Section 1, Paragraph 2, Line 2, following the word "than" W. M. INMAN
strike out: "five hundred (500)" and insert the following in Chairman,
lieu thereof: "four hundred (400)". Committee on Engrossing & Enrolling.
And House Bill No. 15-XX, contained in the above report, Your Enrolling Committee to whom was referred-
together with Committee amendment thereto, was placed on
the Calendar of Bills for Second Reading. S. B. No. 3-XX.
July 26, 1956
-begs leave to report same has been properly enrolled, signed
Mr. Westberry of Duval, Chairman of the Committee on by the President and Secretary of the Senate, and by the
Industrial Development, reports that the Committee has care- Speaker and Chief Clerk of the House of Representatives, and
fully considered the following bill and recommends that it pass: presented to the Governor on July 26, 1956, for his approval.
H. B. No. 55-XX-A bill to be entitled An Act authorizing Very respectfully,
and empowering the Game and Fresh Water Fish Commis- W. M. INMAN
sion of the State of Florida to trade, exchange, lease, grant Chairman
easements and convey or release phosphate, minerals, metals Committee on Engrossing & Enrolling.
and petroleum rights in the J. W. Corbett Wildlife Management
area, in Palm Beach County, Florida. Your Enrolling Committee to whom was referred-












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 71

S. B. No. 11-XX. of development credit corporations; providing an effective
date.
-begs leave to report same has been properly enrolled, signed
by the President and Secretary of the Senate, and by the And Senate Bill No. 45-XX, contained in the above report,
Speaker and Chief Clerk of the House of Representatives, was placed on the Calendar of Bills for Second Reading.
and presented to the Governor on July, 26, 1956, for his July 26, 1956
approval.
Very respectfully, Mr. Moody of Hillsborough, Chairman of the Committee on
W. M. INMAN Appropriations, reports that the Committee has carefully
Chairman considered the following bill and recommends that it pass:
Committee on Engrossing & Enrolling. S. B. No. 47-XX-A bill to be entitled An Act relating to
the state general appropriations law; amending Subsection
July 26, .1956 (2), first paragraph, of Section 282.01, Florida Statutes, by
authorizing planning and construction of buildings whenever
Mr. Westberry of Duval, Chairman of the Committee on the State Budget Commission finds that sufficient funds are
Industrial Development, reports that the Committee has care- available to meet appropriations for capital outlay buildings
fully considered the following bill and recommends that it and improvements; and providing an effective date.
pass:
And Senate Bill No. 47-XX, contained in the above report,
S. B. No. 45-XX-A bill to be entitled An Act to repeal was placed on the Calendar of Bills for Second Reading.
Chapter 29776, Act 1955, being Chapter 298, Florida Statutes, The hour )f 3:00 P. M. having arrived, the House stood
authorizing the organization and regulating the operation adjourned until 11:00 A. M. tomorrow.















JOURNAL OF THE HOUSE OF REPRESENTATIVES


EXTRAORDINARY SESSION


Friday, July 27, 1956


The House was called to order by the Speaker at 11:00 A.M. Section 4A. Civil Jury Trials in Pinellas County; location
in certain municipalities within said county.-The legislature
The roll was taken and the following Members were recorded may, from time to time and as the business of Pinellas county
present: may require, provide that trial by jury of all civil suits, prop-
r. Spker Cstin Knigh hppr erly triable by jury according to law, may be had and held
Mr. Speaker Costin Knight Sheppard in any municipality, within said county, having a population
Alexander Crews Land mith, S.C. of more than seventy-five thousand (75,000) inhabitants ac-
Alien 3ross Livingston Smith,S.N.,Jr. cording to the latest official census. The Legislature may pro-
Andrews Dukes Mahon Stewart, C. D. vide also that the clerk of any court or any other court of-
Arrington Duncan Marshburn Stewart, E. L. ficer, within said county, shall maintain such offices within
Ballinger Frederick McAlpin Surles such municipality, and keep such official books and records
Bartholomew Gibbons Merritt 3weeny therein, as may be necessary to accomplish the purposes of
Beasley Gleaton Mitchell rillett this amendment; provided, however, that the principal offices
Beck Griffin,B.H.Jr. Musselman rurlington of such clerks or other officers shall not be removed from the
Belser Griffin, J. J. Drr Usina county seat.
Blank Grimes Papy Varn
Bodiford Hathaway Patton Weinstein On page 69, column 2, line 30, counting from the bottom
Boyd Hopkins Petersen Westberry of the page, change the spelling of the name "Carl" to "Karl".
Brewer Home Pittman Williams, B.D.
Burton Inman Pratt Williams,G.W. The Journal for Thursday, July 26, as corrected, was ap-
Carmine Jernigan Pruitt Williams,J.R.A. proved.
Cleveland Johnson,C.R.Jr. Putnal Youngberg
Cobb Jones D.C.Jr. Revelle Zelmenovitz Mr. Pratt was given unanimous consent to have shown in
Coleman Jones, E.C.. Roberts, E. S the Journal how he would have voted, had he been present
Connem Jones, E. B. lowell yesterday, on the following bills: "Yea" on Senate Concur-
Cook King haffer rent Resolution No. 17-XX, Senate Bills Nos. 22-XX, 24-XX,
Cok Kig haer 21-XX, 14-XX, 6-XX, 12-XX, 10-XX, 13-XX, 7-XX and 8-XX,
Excused: Messrs. Bryant, Maness, Moody, Johnson of Hills- House Bills Nos. 17-XX, 21-XX, 37-XX, and 39-XX, House
borough, Chappell and Okell. Concurrent Resolution No. 40-XX, and House Bills Nos. 41-XX,
42-XX, 43-XX, 46-XX, 47-XX, 50-XX, 51-XX, 52-XX, 53-XX,
A quorum present. 54-XX, 56-XX, 57-XX, 59-XX, 60-XX, 62-XX, 63-XX, 64-XX,
65-XX, 66-XX, 67-XX, 71-XX and 72-XX. "Nay" on House
The following prayer was offered by the Reverend Oliver Bills No. 16-XX, and 36-XX.
Carmichael, Chaplain:
S. MOTIONS RELATING TO COMMITTEE REFERENCE
O God our Father, who hast put thy Spirit in men's hearts
from days of old, endue us in this hour with some little measure Mr. Cobb moved that House Bill No. 23-XX be withdrawn
of insight and of understanding. As we draw apart for these from the Committee on Parliamentary Procedure and placed
short moments, grant us a new perspective on the hurrying on the Calendar.
events of our crowded hours. Free us from petty anxiety and
foolish fears, that we may have power to see the deeper issues The motion was agreed to by a two- thirds vote and it was
of our time, and strength to meet with courageous hearts the so ordered.
obligations which they lay upon us. Through Jesus Christ our
Lord. Amen. Mr. Williams of Hardee moved that Senate Concurrent
Resolution No. 41-XX, which was referred to the Committees
CORRECTION OF THE JOURNAL on Citrus Fruit and Appropriations, be withdrawn from the
Committee on Citrus Fruit.
The Journal for Thursday, July 26, was ordered corrected as
follows: The motion was agreed to and Senate Concurrent Resolu-
tion No. 41-XX was withdrawn from the Committee on
Mr. Musselman of Broward requested that the Report of the Citrus Fruit.
Rules Committee on page 33, column 2, be amended as follows:
Mr. Land moved that Senate Concurrent Resolution No.
On page 33, column 2, line 5, counting from the bottom of 41-XX be withdrawn from the Committee on Appropriations
the page, strike out the name "Musselman", and on line 2, and placed on the Calendar.
counting from the bottom of the page, change the period to
a comma and add the name "Musselman", to show that Mr. The motion was agreed to by a two-thirds vote and Senate
Musselman voted "Nay" instead of "Yea". Concurrent Resolution No. 41-XX was withdrawn from the
Committee on Appropriations and placed on the Calendar.
On page 54, column 2, add the following after the semicolon
on line 36, counting from the top of the page: Mr. Cross moved that House Concurrent Resolution No.
40-XX be withdrawn from the Committee on Resolutions and
"providing for the rate of compensation payable upon re- placed on the Calendar.
instatement and that no compensation shall be paid to
such employees for the period intervening between such The motion was agreed to by a two-thirds vote and it was
separation and the reinstatement; that such reinstated so ordered.
employee shall become a member of the Merit System in Messrs. Lancaster, Chaires, Herrell and Shipp asked to be
any department where such system is in effect, as of the recorded present.
date when the same became effective in any such depart-
ment or agency." Mr. Surles moved that the rules be waived and the House
proceed to the order of Reports of Standing Committees.
On page 67, column 1, strike out all of lines 33-48, counting
from the top of the page, and insert in lieu thereof the fol- The motion was agreed to by a two-thirds vote and it was
lowing: so ordered.
72












July 27, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 73

REPORTS OF STANDING COMMITTEES H. B. No. 69-XX-A Bill to be entitled an Act authorizing
the Governor to appoint Commissioners to determine the pop-
The following Report of the Committee on Rules & Calen- ulation of any Judicial Circuit by the use of criteria furnished
dar was received and read: by the United States Census Bureau, and after public hearing;
July 27, 1956 providing effective date.
The Honorable Thomas E. David
Speaker of the House of Representatives And House Bill No. 69-XX, contained in the above report,
was placed on the Calendar of Bills for Second Reading.
Dear Sir: INTRODUCTION OF GUESTS
The Committee on Rules & Calendar met and a uorum Mr. Merritt introduced the Honorable Clifford Wynns, Bush-
was present, nell, Member of the School Board of Sumter County, and Mrs.
Upon a motion duly and regularly made that H. B. No. Wynns and children.
48-XX was within the purview of the Governor's call, the Mr. Surles moved that the rules be waived and the House
motion failed, revert to the order of Consideration of Messages from the
The vote on said motion was as follows: Senate for the purpose of receiving messages containing Senate
Bills No. 23-XX and 50-XX.
Ayes-None.
The motion was agreed to by a two-thirds vote and it was
Nays-Surles, Beasley, Boyd, Burton, Cleveland, Cobb, Cook, so ordered.
Knight, Land, Mahon, Musselman, Papy, Smith, Sweeny,
Usina, Frederick, Blank, Griffin. CONSIDERATION OF MESSAGES FROM THE SENATE
Upon a motion duly and regularly made that H. M. 61-XX The following messages from the Senate were received and
was within the purview of the Governor's call, the motion read:
failed. The vote on said motion was as follows: Tallahassee, Florida
Ayes-Griffin. July 27, 1956
Nays-Surles, Beasley, Boyd, Burton, Cleveland, Cobb, Cook, Honorable Ted David
Knight, Land, Mahon, Musselman, Papy, Smith, Speaker of the House of Representatives.
Sweeny, Usina, Frederick, Blank. Sir:
Wherefore the committee recommends that the Speaker I am directed by the Senate to inform the House of Repre-
rule that H. B. Nos. 48-XX and 61-XX are not within the pur- sentatives that the Senate has passed-
view of the Governor's call.
Respectfully submitted, By Senators Rodgers, Johns, Fraser, Black, Cabot, Getzen,
ROY SURLES, Vice Chairman Houghton, Morgan, Pope, Rawls, Carlton, Gautier (28th),
Committee on Rules & Calendar Johnson, Shands, Edwards, Barber, Hodges, Floyd, Douglas
July 27, 1956 and Stenstrom-
S. B. No. 23-XX(56)-A bill to be entitled An Act making
Mr. Sweeny of Volusia, Chairman of the Committee on an appropriation from the General Revenue Fund for com-
Judiciary-Civil, reports that the Committee has carefully pletion of the Maximum Security Building at the Florida
considered the following bill and recommends that it pass: State Prison, supplementing and to be used in conjunction
with Sub-Items a. and b. of Item 19, Subsection (2) of Sec-
S. B. No. 46-XX-A bill to be entitled An Act authorizing tion 282.01, Florida Statutes; and providing an effective date.
the Governor to appoint commissioners to determine the popu-
lation of any judicial circuit by the use of criteria furnished -and respectfully requests the concurrence of the House
by the United States Census Bureau, and after public hearing; therein.
providing effective date. Very respectfully,
ROBT. W. DAVIS,
And Senate Bill No. 46-XX, contained in the above report, Secretary of the Senate.
was placed on the Calendar of Bills for Second Reading.
Jy 27, 16 And Senate Bill No. 23-XX contained in the above message,
"July 2, 16 was read the first time by title and referred to the Committee
Mr. Home of Leon, Chairman of the Committee on Consti- on Appropriations.
tutional Amendments, reports that the Committee has care-
fully considered the following bill and recommends that it Mr. Land moved that Senate Bill No. 23-XX, which was
referred to the Committee on Appropriations, be withdrawn
pass: from that committee and placed on the Calendar.
H. J. R. No. 58-XX-A Joint Resolution repealing Senate
Joint Resolution No. 1052, of the 1955 Legislature, abolishing The motion was agreed to by a two-thirds vote and it was
the Court of Record of Escambia County. so ordered.
Tallahassee, Florida
And House Joint Resolution No. 58-XX, contained in the
above report, was placed on the Calendar of Bills for Second July 27, 1956
Reading. Honorable Ted David
July 27, 1956 Speaker of the House of Representatives.
Mr. Sweeny of Volusia, Chairman of the Committee on Sir-
Judiciary-Civil, reports that the Committee has carefully I am directed by the Senate to inform the House of Repre-
considered the following bill and recommends that it pass: sentatives that the Senate has passed-
H. B. No. 68-XX-A bill to be entitled An Act to repeal By Senator Dickinson-
Chapter 29776, Acts 1955, being Chapter 298, Florida Stat-
utes, authorizing the organization and regulating the opera- S. B. No. 50-XX(56)-A bill to be entitled An Act authorizing
tion of development credit corporations; providing an effec- and empowering the Game and Fresh Water Fish Commission
ti o d pe of the State of Florida to trade, exchange, lease, grant ease-
ve dae. ments and convey or release phosphate, minerals, metals and
And House Bill No. 68-XX, contained in the above report, petroleum rights in the J. W. Corbett Wildlife Management
was placed on the Calendar of Bills for Second Reading. Area, in Palm Beach County, Florida.
-and respectfully requests the concurrence of the House
July 27, 1956 therein .
Mr. Sweeny of Volusia, Chairman of the Committee on Ju- Very respectfully,
diciary-Civil, reports that the Committee has carefully con- ROBT. W. DAVIS,
sidered the following bill and recommends that it pass: Secretary of the Senate.












74 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 27, 1956

And Senate Bill No. 50-XX, contained in the above message, pletion of the Maximum Security Building at the Florida State
was read the first time by title and was placed on the Cal- Prison, supplementing and to be used in conjunction with Sub-
endar without reference, being a companion measure to House Items a. and b. of Item 19, Subsection (2) of Section 282.01,
Bill No. 55-XX now on the Calendar. Florida Statutes; and providing an effective date.
Mr. Page asked to be recorded present. -was taken up.
Mr. Surles moved that the rules be waived and the House Mr. Land moved that the rules be waived and Senate Bill
proceed to the order of Consideration of House General Bills No. 23-XX be read a second time by title.
and Joint Resolutions for Second Reading. The motion was agreed to by a two-thirds vote and Senate
The motion was agreed to by a two-thirds vote and it was Bill No. 23-XX was read a second time by title.
so ordered. Mr. Land moved that the rules be further waived and Sen-
CONSIDERATION OF HOUSE GENERAL BILLS AND ate Bill No. 23-XX be read a third time in full and placed upon
JOINT RESOLUTIONS FOR SECOND READING its passage.
Mr. Williams of Hardee was given unanimous consent to The motion was agreed to by a two-thirds vote and Senate
now consider Senate Concurrent Resolution No. 41-XX, and Bill No. 23-XX was read a third time in full.
S. C. R. No. 41-XX(56)-A Concurrent Resolution propos- When the vote was taken on the passage of the bill the
ing the appointment of an interim committee to be known result was:
as a Med-fly eradication and pest control committee. Yeas:
BE IT RESOLVED BY THE SENATE OF THE STATE OFKniht Rowell
FLORIDA, THE HOUSE OF REPRESENTATIVES CONCUR- Mr. Speaker Costin Knight Rowell
RING: Alexander Cross Lancaster Shaffer
Allen Dukes Land Sheppard
Section 1. That the President of the Senate be directed Andrews Duncan Livingston Smith, S. C.
to appoint three (3) members of the Senate, and the Speaker Arrington Frederick Mahon Smith,S.N.,Jr.
of the House of Representatives shall be directed to appoint Ballinger Gibbons Marshburn Stewart, C. D.
four (4) members of the House on a Special Interim Commit- Bartholomew Gleaton McAlpin Stewart, E. L.
tee, to be known as the Med-fly Eradication and Pest Control Beasley Griffin,B.H.Jr. Merritt Surles
Committee, which Committee shall serve until the Legislature Beck Griffin, J. J. Mitchell Sweeny
of 1957, and shall be paid per diem and mileage during the Belser Grimes Musselman Tillett
time in which members of the Committee are active on Con- Blank Hathaway Orr Turlington
mittee business. Bodiford Herrell Page Usina
Section 2. This Committee, above named, shall: Brewer Hopkins Patto n Weinstein
Brewer Horne Patton Weinstein
(1) Advise with the Budget Commissioners in respect to Burton Inman Petersen Westberry
the release of emergency funds for the Mediterranean Fruit Carmine Jernigan Pittman Williams, B.D.
Fly eradication program; Cleveland Johnson,C.R.Jr. Pratt Williams,G.W.
Cobb Jones, D.C.Jr. Pruitt Williams,J.R.A.
(2) Observe the progress of such a program and other Coleman Jones, E. B. Putnal Youngberg
pest and disease control needs in the state; Conner Jones, O. W. Revelle Zelmenovitz
Cook King Roberts, E. S.
(3) Make a report to the next Regular Session of the
Legislature of the progress and needs for further pest eradi- Yeas-83.
cation with recommendations for the continued financing
thereof. Nays-None.
Section 3. This Committee shall be given authority to em- So the bill passed, title as stated, and was ordered certified
ploy a secretary, whose salary shall be paid by the Legislature. to the Senate.
This Committee shall have authority to employ such additional
assistants as necessary to obtain vital information required Mr. Land moved that further consideration of House Bill
for an authentic report to the next Legislature. The salary No. 34-XX be indefinitely postponed.
for such additional assistants shall be paid from legislative The motion was agreed to and it was so ordered.
appropriation.
Mr. Bodiford moved that House Bill No. 56-XX be recalled
-was taken up. from the Chief Clerk's office for the purpose of reconsideration.
Mr. Williams of Hardee moved that Senate Concurrent Res- The motion was agreed to and it was so ordered.
solution No. 41-XX be read the second time in full.
H. B. No. 32-XX-A bill to be entitled An Act to amend
The motion was agreed to and Senate Concurrent Resolution Section 139 of Chapter 29965, Laws of Florida, Acts of 1955,
No. 41-XX was read the second time in full. the Florida Highway Code of 1955, the same being Section
Mr. Williams of Hardee moved the adoption of the concur- 339.08, Florida Statutes, by the addition of Paragraph (e)
rent resolution. to Subsection (2) to provide for the maintenance of certain
roads by the State Road Department and the payment of the
The motion was agreed to and Senate Concurrent Resolution costs thereof from the first gas tax (4), and making this
No. 41-XX was adopted and ordered certified to the Senate. Act effective immediately.
H. B. No. 34-XX-A bill to be entitled An Act making an -was taken up.
appropriation from the General Revenue Fund for completion
of the Maximum Security Building at the Florida State Prison, Mr. Surles moved that the rules be waived and House Bill
supplementing and to be used in conjunction with Sub-items No. 32-XX be read a second time by title.
a. and b. of Item 19, Subsection (2) of Section 282.01, Florida
Statutes; and providing an effective date. The motion was agreed to by a two-thirds vote and
House Bill No. 32-XX was read a second time by title.
-was taken up.
Mr. Land moved that the rules be waived and the House Mr. Surles of Polk offered the following amendment to
now take up and consider Senate Bill No. 23-XX, a similar House Bill No. 32-XX:
measure to House Bill No. 34-XX, now on the Calendar. In Section strike out:
The motion was agreed to by a two-thirds vote, and-
"(2) (e) To pay the cost of maintaining state roads which
S. B. No. 23-XX(56)-A bill to be entitled An Act making were classified as primary roads on January 1, 1956 and not
an appropriation from the General Revenue Fund for com- included by the Road Board in the state primary highway












July 27, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 75

system pursuant to the provisions of this code." (4) The secondary road system shall consist of such roads
selected by resolution of the county commissioners of the
And insert the following in lieu thereof: several counties of the state. The secondary road system shall
"(2) (e) To pay the cost of maintaining state roads which not exceed eleven thousand (11,000) miles,
were classified as primary roads on January 1, 1956 and not Section 3. This act shall take effect immediately upon
included by the Road Board in the state primary highway becoming a law.
system when said system was reclassified by the Road Board
in June, 1956 pursuant to the provisions of this code." Mr. Boyd moved the adoption of the amendment.
Mr. Surles moved the adoption of the amendment. Pending consideration thereof-
Pending consideration thereof- Mr. Surles called a point of order that the amendment
offered by Mr. Boyd was not germane to the bill.
Mr. Belser of Holmes offered the following amendment to
the amendment to House Bill No. 32-XX: The Speaker ruled the point well taken.
In Section 1, following the word "Classified" insert the Mr. Boyd of Lake offered the following amendment to House
following: "or maintained." Bill No. 32-XX:
Mr. Belser moved the adoption of the amendment to the After Section 2 add a new section as follows:
amendment. "Section 3. This act shall expire July 1, 1957".
The motion was agreed to and the amendment to the Mr. Boyd moved the adoption of the amendment.
amendment was adopted. Mr. Boyd moved the adoption of the amendment.
amendment was adopted.
The question recurred on the adoption of the -amendment, A roll call was demanded.
as amended. When the vote was taken on the adoption of the amendment,
the result was:
The motion was agreed to and the amendment, as amended,
was adopted. Yea:
Mr. Boyd of Lake offered the following amendment to Mr. Speaker Cobb Land Smith,S.N.,Jr.
House Bill No. 32-XX: Arrington Crews Mahon Turlington
Ballinger Frederick Musselman Usina
Strike out all of Section 2, and insert the following in lieu Blank Herrell Orr Westberry
thereof: Boyd Hopkins Petersen Wiiliams,G.W.
Section 2. Section 28, Chapter 29965, Laws of Florida, Brewer Home Roberts, E. S. Williams,J.R.A.
1955, being Section 335.04, Florida Statutes, is amended to Burton Inman Rowell Zelmenovitz
read as follows: Cleveland Johnson,C.R.Jr. Smith, S. C.
Section 335.04. Classification of roads; standards; dis- Nay:
tinctions.- Alexander Cross King Putnal
(1) The board shall by regulation adopt a classification Allen Dukes Knight Revelle
plan for all roads in the state highway system, which shall Andrews Duncan Lancaster Shaffer
be based upon standards relating to financing, design and Bartholomew Gleaton Livingston Sheppard
service. The board shall not designate a road as part of the Beasley Griffin,B.H.Jr. Marshburn Stewart, C. D.
state highway system unless the route of such road meets the Beck Griffin, J.J. McAlpin Stewart, E. L.
requirements herein, and complies with regulations of the Belser Grimes Merritt Surles
board. Carmine Hathaway Mitchell Sweeny
Coleman Jernigan Patton Tillett
(2) The state highway system shall be divided into the Conner Jones, D.C.Jr. Pittman Varn
primary road system and the secondary road system and the Cook Jones, E. B. Pratt Williams, B.D.
distinction between each system shall be as prescribed herein, Costin Jones, O. W. Pruitt Youngberg
and as prescribed by regulations of the board. Yeas-31.
(3) The primary road system shall be divided into arte-
rial highways and other primary roads, and shall be lim- Nays-48.
ited to eleven thousand (11,000) miles. The motion was not agreed to and the amendment was not
(a) Arterial highways shall be such roads as are desig- adopted.
nated Federal interstate highways and other roads connecting Mr. Surles moved that the rules be further waived and House
urban areas having a population in excess of five thousand Bill No. 32-XX, as amended, be read a third time in full and
(5,000) inhabitants and following a continuous and reason- placed upon its passage.
ably direct route or routes between such areas, and municipal
connecting links of such roads. The motion was agreed to by a two-thirds vote and House
Bill No. 32-XX, as amended, was read a third time in full.
(b) Other primary roads shall be all Federal numbered
highways not designated as arterial highways and such roads When the vote was taken on the passage of the bill the
that connect the county seats of adjacent counties of the result was:
state and county seats of counties of the state with county Yea:
seats of adjoining states in a reasonably direct route or routes,
and municipal connecting links of such roads. Alexander Chaires Griffin, J. J. Livingston
(c) Provided that the board shall have the power, at its Allen Cleveland Grimes Mahon
discretion, after full public hearing, to designate any other Andrews Cobb Hathaway Marshburn
highway on the state highway system carrying primarily Arrington Coleman Hopkins McAlpin
through traffic and serving a need not of a local character Bartholomew Cook Inman Mitchell
and which would serve as an integral part of the state pri- Beasley Cosin Jernigan Musselman
mary system. Beck Crews Johnson,C.R.Jr.Patton
(d) All roads removed from the present primary system Belser Cross Jones, D.C.Jr. Petersen
as a result of the provisions of this act shall become a portion Blank Dukes Jones, E. B. Pittman
of the state secondary highway system. Provided, however, Boyd Duncan Jones, O. W. Pratt
that the board of county commissioners of any county can, Brewer Frederick King Pruitt
by proper resolution, place such a road on the county road Burton Gleaton Knight Putnal
system rather than the state secondary road system. Carmine Griffin,B.H.Jr. Lancaster Revelle













76 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 27, 1956

Roberts, E. S. Smith,S.N.,Jr. Tillett Williams, B.D. So the bill passed, title as stated, and was ordered certified
Rowell Stewart, C.D. Turlington Williams,G.W. to the Senate.
Shaffer Stewart, E.L. Usina Williams,J.R.A,
Sheppard Surles Varn Youngberg Mr. Westberry moved that further consideration of House
Smith, S. C. Sweeny Westberry Zelmenovitz Bill No. 15-XX be indefinitely postponed.
Nay: The motion was agreed to and it was so ordered.
Mr. Speaker Land Orr Mr. Grimes was given unanimous consent to now consider
Senate Bill No. 46-XX, and-
Yeas-76.
Yeas-76S. B. No. 46-XX(56)-A bill to be entitled An Act authoriz-
Nays-3. ing the Governor to appoint Commissioners to determine the
population of any Judicial Circuit by the use of criteria
Mr. Shipp was given unanimous consent to be recorded furnished by the United States Census Bureau, and after
as voting "Yea" on House Bill No. 32-XX. public hearing; providing effective date.
So the bill passed, as amended, and was ordered engrossed. -was taken up.
H. B. No. 15-XX-A bill to be entitled An Act relating to the Mr. Grimes moved that the rules be waived and Senate
Personnel of the Department of Public Safety; amending Sec- Bill No. 46-XX be read a second time by title.
tion 321.04, Florida Statutes, as amended by Section 1, Chapter
29816, Acts 1955, by increasing the number of Patrol Officers The motion was agreed to by a two-thirds vote and Senate
authorized to be employed as members of the Florida Highway Bill No. 46-XX was read a second time by title.
Patrol.
Mr. Grimes moved that the rules be further waived and Sen-
-was taken up. ate Bill No. 46-XX be read a third time in full and placed
upon its passage.
Mr. Westberry moved that the rules be waived and the House
now take up and consider Senate Bill No. 9-XX, a similar The motion was agreed to by a two-thirds vote and Senate
measure to House Bill No. 15-XX, now on the Calendar. Bill No. 46-XX was read a third time in full.
The motion was agreed to by a two-thirds vote and- When the vote was taken on the passage of the bill the
result was:
S. B. No. 9-XX(56)-A bill to be entitled An Act relating to
the personnel of the Department of Public Safety; amending Yea:
Section 321.04, Florida Statutes, as amended by Section 1,
Chapter 29816, Acts 1955, by increasing the number of patrol Mr. Speaker Costin King Rowell
officers authorized to be employed as members of the Florida Alexander Crews Knight Shaffer
Highway Patrol. Allen Cross Lancaster Sheppard
Andrews Dukes Land Shipp
-was taken up. Arrington Duncan Livingston Smith, S. C.
Ballinger Frederick Mahon Smith,S.N.,Jr.
Mr. Westberry moved that the rules be waived and Senate Bartholomew Gibbons Marshburn Stewart, C. D.
Bill No. 9-XX be read a second time by title. Beasley Gleaton McAlpin Stewart, E. L.
Beck Griffin,B.H.Jr. Merritt Surles
The motion was agreed to by a two-thirds vote and Senate Belser Griffin, J. J. Mitchell Sweeny
Bill No. 9-XX was read a second time by title. Blank Grimes Musselman Tillett
Boyd Hathaway Orr Turlington
Mr. Westberry moved that the rules be further waived and Brewer Herrell Page Usina
Senate Bill No. 9-XX be read a third time in full and placed Burton Hopkins Papy Varn
upon its passage. Carmine Home Patton Weinstein
The motion was agreed to by a two-thirds vote and Senate Chaires Inman Petersen Westberry
Bill No. 9-XX was read a third time in full. Cleveland Jernigan Pittman Williams, B.D.
Cobb Johnson,C.R.Jr. Pratt Williams,G.W.
When the vote was taken on the passage of the bill the Coleman Jones, D.C.Jr. Pruitt Williams,J.R.A
result was: Conner Jones, E. B. Putnal Youngberg
Cook Jones, O. W. Roberts, E. S. Zelmenovitz
Yea: Yeas-84.
Mr. Speaker Crews Lancaster Sheppard
Alexander Cross Land Smith, S. C. Nays-None.
Allen Duncan Livingston Smith,S.N.,Jr.
Andrews Frederick Mahon Stewart, C. D. So the bill passed, title as stated, and was ordered certified to
Arrington Gleaton Marshburn Stewart, E. L. the Senate.
Ballinger Griffin,B.H.Jr. McAlpin Surles
Bartholomew Griffin, J. J. Merritt Sweeny Mr. Sweeny moved that consideration of House Bill No.
Beasley Grimes Musselman Tillett 69-XX be indefinitely postponed.
Beck Hathaway Orr Turlington The motion was agreed to and it was so ordered.
Boyd Herrell Page Usina
Brewer Hopkins Papy Varn Mr Surles moved that the House recess at 1:00 P.M. to
Burton Home Patton Weinstein reconvene at 2:00 P.M. today.
Carmine Inman Petersen Westberry
Chaires Jernigan Pittman Williams, B.D. The motion was not agreed to.
Cleveland Johnson,C.R.Jr.Pratt Williams,G.W.
Cobb Jones, D.C.Jr. Pruitt Williams,J.R.A. Mr. Sweeny moved that the House adjourn at 2:00 P. M.
Coleman Jones, E. B. Putnal Youngberg today.
Conner Jones, O. W. Roberts, E. S. Zelmenovitz
Cook King Rowell The motion was agreed to, and it was so ordered.
Costin Knight Shaffer
H. B. No. 55-XX-A bill to be entitled An Act authorizing
Nay: and empowering the Game and Fresh Water Fish Commission
of the State of Florida to trade, exchange, lease, grant ease..
Belser Mitchell ments and convey or release phosphate, minerals, metals and
petroleum rights in the J. W. Corbett Wildlife Management
"Yeas-78. Area, in Palm Beach County, Florida.

Nays-2. -was taken up.












July 27, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 77

Mr. Roberts of Palm Beach moved that the House now take Yeas:
up and consider Senate Bill No. 50-XX, a companion measure
to House Bill No. 55-XX, now on the Calendar. Mr. Speaker Crews Knight Rowell
Alexander Cross Land Shaffer
The motion was agreed to, and- Andrews Dukes Livingston Sheppard
Arrington Duncan Mahon Shipp
S. B. No. 50-XX-A bill to be entitled An Act authorizing Ballinger Frederick Marshburn Smith, S. C.
and empowering the Game and Fresh Water Fish Commission Bartholomew Gibbons Merritt Smith,S.N.,Jr.
"of the State of Florida to trade, exchange, lease, grant ease- Beasley Griffin,B.H.Jr. Mitchell Stewart, C. D.
ments and convey or release phosphate, minerals, metals and Beck Griffin, J.J. Musselman Stewart, E. L.
petroleum rights in the J. W. Corbett Wildlife Management Belser Grimes Orr Surles
Area, in Palm Beach County, Florida. Blank Hathaway Page Sweeny
-was taken up. Boyd Herrell Papy Tillett
Brewer Hopkins Patton Turlington
Mr. Roberts of Palm Beach moved that Senate Bill No. Burton Home Petersen Westberry
50-XX be substituted for and considered in lieu of House Bin Carmine Inman Pittman Williams, B.D.
No. 55-XX. Chaires Jernigan Pratt Williams,G.W.
Cleveland Johnson,C.R.Jr. Pruitt Williams,J.R.A.
The motion was agreed to and Senate Bill No. 50-XX was Cobb Jones, D.C.Jr. Putnal Youngberg
substituted for House Bill No. 55-XX. Coleman Jones, O. W. Revelle
Mr. Roberts of Palm Beach moved that the rules be waived Costin King Roberts, E. S.
and Senate Bill No. 50-XX be read a second time by title. Yeas-74.
The motion was agreed to by a two-thirds vote and Senate Nays-None.
Bill No. 50-XX was read a second time by title.
iMesss. Robts and Blank of Palm Beach offered i. So the bill passed, as amended, and was ordered engrossed.
Messrs. Roberts and Blank of Palm Beach offered the f0l-
lowing amendment to Senate Bill No. 50-XX: Under Rule 46, House Bill No. 55-XX was laid on the table.
Strike out all of Section 2 and insert the following in lieu CONSIDERATION OF SENATE GENERAL BILLS FOR
thereof: SECOND READING
"Section 3. This act shall take effect immediately upon S. B. No. 28-XX(56)-A bill to be entitled An Act making
becoming a law." an appropriation for the fiscal year 1956-57 from the General
Revenue Fund for the purpose of supplying immediate funds
Mr. Roberts of Palm Beach moved the adoption of the for any unforeseen emergency that may arise; providing for
amendment. supervision and control by the State Budget Commission; pro-
The motion was agreed to and the amendment was adopted. viding for certain restrictions on use; and providing an effective
date.
Messrs. Roberts and Blank of Palm Beach offered the fol w .
lowing amendment to Senate Bill No. 50-XX: -was taken up.
Add new Section 2 to read: Mr. Land moved that the rules be waived and Senate Bill
No. 28-XX be read a second time by title.
"Section 2. The trustees of the Internal Improvement The motion was agreed to by a two-thirds vote and Senate
Board and the State Board of Education and all and every Bill No. 28-XX was read a second time by title.
board, state department or state agency of the state, having
any title, right and interest in or to the land including oil and Mr. Land moved that the rules be further waived and Sen-
mineral rights in the lands to be traded, bartered or exchanged ate Bill No. 28-XX be read a third time in full and placed
within the J. W. Corbett Wild Life Management Area in Palm upon its passage.
Beach county, Florida, is authorized and empowered to convey
this interest of whatsoever nature to the record owner." The motion was agreed to by a two-thirds vote and Senate
Bill No. 28-XX was read a third time in full.
Mr. Roberts of Palm Beach moved the adoption of the
amendment. When the vote was taken on the passage of the bill the
result was:
The motion was agreed to and the amendment was adopted.
Yeas:
Messrs. Roberts and Blank of Palm Beach offered the fol- Mr. Speaker Crews Kin Roberts, E. S.
lowing amendment to Senate Bill No. 50-XX: Mr Speaer Crews Kinght Robert
Alexander Cross Knight Rowell
Strike out the entire title and insert the following in lieu Andrews Dukes Lancaster Sheppard
thereof: Ballinger Duncan Land Shipp
Bartholomew Frederick Livingston Smith, S. C.
"An Act authorizing and empowering the Game and Fresh Beasley Gibbons Mahon Smith,S.N.,Jr.
Water Fish Commission of the State of Florida to trade, ex- Belser Griffin,B.H.Jr. Marshburn Stewart, C. D.
change, lease lands, grant easements and convey or release Blank Griffin, J. J. Merritt Stewart, E. L.
phosphate minerals, metals and petroleum rights in the J. W. Boyd Grimes Mitchell Surles
Corbett Wildlife Management Area, in Palm Beach County, Brewer Hathaway Musselman Sweeny
Florida; authorizing and empowering any state agency to con- Carmine Herrell Orr Tillett
vey title or rights to the record owner; providing an effective Chaires Hopkins Page Turlington
date." Cleveland Horne Papy Varn
Cobb Inman Patton Westberry
Mr. Roberts of Palm Beach moved the adoption of the Coleman Jernigan Petersen Williams, B.D.
amendment. Conner Johnson,C.R.Jr. Pittman Williams,G.W.
Cook Jones, D.C.Jr. Pratt Williams,J.R.A
The motion was agreed to and the amendment was adopted. Costin Jones, O. W. Putnal Youngberg
Mr. Roberts of Palm Beach moved that the rules be further Yeas-72.
waived and Senate Bill No. 50-XX, as amended, be read a third
time in full and placed upon its passage. Nays-None.
The motion was agreed to by a two-thirds vote and Senate So the bill passed, title as stated, and was ordered certified
Bill No. 50-XX, as amended, was read a third time in full. to the Senate.
When the vote was taken on the passage of the bill the S. B. No. 36-XX(56)-A bill to be entitled An Act to amend
result was: Chapter 581, Florida Statutes, relating to the State Plant












78 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 27, 1956

Board by adding a new section to be numbered 581.16; author- 'and insert the following in lieu thereof: "289".
izing the State Plant Board to supervise or cause the fumiga-f the amendment
tion or treatment of fruit or plants infected by Mediterranean Mr. Turlington moved the adoption of the amendment.
Fruit Flies or other pests declared by said Board to be a The motion was agreed to and the amendment was adopted.
nuisance and fixing an effective date.
Mr. Westberry moved that the rules be further waived and
-was taken up. Senate Bill No. 45-XX, as amended, be read a third time in
Mr. Surles moved that the rules be waived and Senate Bill full and placed upon its passage.
No. 36-XX be read a second time by title. The motion was agreed to by a two-thirds vote and Senate
The motion was agreed to by a two-thirds vote and Senate Bill No. 45-XX, as amended, was read a third time in full.
Bill No. 36-XX was read a second time by title. When the vote was taken on the passage of the bill the
Mr. Surles moved that the rules be further waived and Sen- result was:
ate Bill No. 36-XX be read a third time in full and placed Yea:
upon its passage.
Mr. Speaker Costin Knight Shaffer
The motion was agreed to by a two-thirds vote and Senate Alexander Crews Lancaster Sheppard
Bill No. 36-XX was read a third time in full. Andrews Cross Land Shipp
When the vote was taken on the passage of the bill the Arrington Dukes Livingston Smith, S. C.
result was: Ballinger Duncan Mahon Smith,S.N.,Jr.
result was: Bartholomew Frederick Marshburn Stewart, C. D.
Yea: Beasley Gibbons Merritt Stewart, E. L.
Beck Griffin,B.H.Jr. Mitchell Surles
Mr. Speaker Costin Knight Sheppard Belser Griffin, J. J. Musselman Sweeny
Alexander Crews Lancaster Shipp Blank Grimes Orr Tillett
Andrews Cross Land Smith, S. C. Boyd Hathaway Page Turlington
Arrington Dukes Livingston Smith,S.N.,Jr. Brewer Herrell Papy Varn
Ballinger Duncan Mahon Stewart, C. D. Burton Hopkins Patton Westberry
Bartholomew Frederick Marshburn Stewart, E. L. Carmine Home Petersen Williams, B.D.
Beasley Gibbons Merritt Surles Chaires Inman Pittman Williams,G.W.
Belser Griffin,B.H.Jr. Mitchell Sweeny Cleveland Jernigan Pratt Williams,J.R.A
Blank Griffin, J. J. Musselman Tillett Cobb Johnson,C.R.Jr. Pruitt Youngberg
Boyd Grimes Orr Turlington Coleman Jones, D.C.Jr. Putnal
Brewer Herrell Page Varn Conner Jones, O. W. Roberts, E. S.
Burton Hopkins Papy Westberry Cook King Rowell
Carmine Home Patton Williams, B.D.
Chaires Inman Petersen Williams,G.W. Yeas-77.
Cleveland Jernigan Pittman Williams,J.R.A.
Cobb Johnson,C.R.Jr. Pratt Youngberg Nays-None.
Coleman Jones, D.C.Jr. Putnal So the bill passed, as amended, and was ordered engrossed.
Conner Jones, O. W. Roberts, E. S.
Cook King Rowell Mr. Sweeny moved that consideration of House Bill No.
68-XX be indefinitely postponed.
Yeas-73.
The motion was agreed to and it was so ordered.
Nays-None.
S. B. No. 47-XX-A bill to be entitled An Act relating to
Mr. Hathaway was given unanimous consent to be recorded the State General Appropriations Law; amending Subsection
as voting "yea" on Senate Bill No. 36-XX. (2), first paragraph, of Section 282.01, Florida Statutes, by
So the bill passed, title as stated, and was ordered certified authorizing planning and construction of buildings whenever
o the bill passed, title asthe State Budget Commission finds that sufficient funds are
to the Senate. available to meet appropriations for Capital Outlay Buildings
S. B. No. 45-XX-A bill to be entitled An Act to repeal and Improvements; and providing an effective date.
Chapter 29776, Acts 1955, being Chapter 298, Florida Statutes,
authorizing the organization and regulating the operation of -was taken up.
development credit corporations; providing an effective date. Mr. Land moved that the rules be waived and Senate
-was taken up. Bill No. 47-XX be read a second time by title.
The motion was agreed to by a two-thirds vote and Senate
Mr. Westberry moved that the rules be waived and Senate Bill No. 47-XX was read a second time by title.
Bill No. 45-XX be read a second time by title.
Mr. Land moved that the rules be further waived and
The motion was agreed to by a two-thirds vote and Senate Senate Bill No. 47-XX be read a third time in full and placed
Bill No. 45-XX was read a second time by title. upon its passage.
Mr. Turlington of Alachua offered the following amend- The motion was agreed to by a two-thirds vote and Senate
ment to Senate Bill No. 45-XX: Bill No. 47-XX was read a third time in full.

In Section 1 strike out: When the vote was taken on the passage of the bill the
result was:
"298"
Yea:
and insert the following in lieu thereof: "289".
Mr. Speaker Brewer Cross Inman
Mr. Turlington moved the adoption of the amendment. Alexander Burton Dukes Jernigan
Andrews Carmine Duncan Johnson,C.R.Jr.
The motion was agreed to and the amendment was adopted. Arrington Chaires Frederick Jones, D.C.Jr.
Ballinger Cleveland Griffin,B.H.Jr. Jones, O. W.
Mr. Turlington of Alachua offered the following amend- Bartholomew Cobb Griffin, J. J. King
ment to Senate Bill No. 45-XX: Beasley Coleman Grimes Knight
Beck Conner Hathaway Lancaster
In the Title strike out: Belser Cook Herrell Land
Blank Costin Hopkins Livingston
"298" Boyd Crews Hbrne Mahon












July 27, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 79

Marshburn Petersen Sheppard Tillett extent of such conflict; and providing when this Act shall
Merritt Pittman Shipp Turlington take effect.
Mitchell Pratt Smith, S. C. Varn -was taken up.
Musselman Pruitt Smith,S.N.,Jr. Westberry
Orr Putnal Stewart, C. D. Williams, B.D. Mr. Papy moved that the rules be waived and House Bill
Page Roberts, E. S. Stewart, E.L. Williams,G.W. No. 23-XX be read a second time by title.
Papy Rowell Surles Williams,J.R.A. The motion was agreed to by a two-thirds vote and House
Patton Shaffer Sweeny Youngberg Bill No. 23-XX was read a second time by title.
Yeas-76. Mr. Papy moved that the rules be further waived and House
Nays-None. Bill No. 23-XX be read a third time in full and placed upon
its passage.
So the bill passed, title as stated, and was ordered certified
to thSena e title a stated and was ordered certified The motion was agreed to by a two-thirds vote and House
e enae. Bill No. 23-XX was read a third time in full.
CONSIDERATION OF HOUSE GENERAL BILLS OF LOCAL
CONSIDERATION OF HOUSE GENERAL BILLS OF LOCAL When the vote was taken on the passage of the bill the result
APPLICATION FOR SECOND READING was:
was:
H. B. No. 29-XX-A bill to be entitled An Act relating to the
salary of each Circuit Judge residing in and a resident of a Yea:
County with a population of forty-two thousand (42,000) or
more within a Judicial Circuit of Florida containing six (6) or Mr. Speaker Cook King Roberts, E. S.
more Counties with a total population in excess of one hundred Alexander Crews Knight Rowell
eighteen thousand (118,000) and with two (2) or more Counties Andrews Cross Lancaster Shaffer
therein having a population of thirty-four thousand (34,000) Arrington Dukes Land Sheppard
or more, according to the last preceding Federal Census; pro- Ballinger Duncan Livingston Smith, S. C.
viding for a portion of said salary to be paid out of the General Bartholomew Frederick Mahon Stewart, C. D.
Revenue Fund of said County; providing an appropriation Beasley Gibbons Marshburn Stewart, E. L.
therefore; and providing an effective date. Beck Griffin,B.H.Jr. Merritt Surles
was taken uBelser Griffin, J. J. Mitchell Sweeny
-was taken up. Blank Grimes Musselman Tillett
Mr. Bodiford moved that the rules be waived and House Boyd Hathaway Orr Turlington
Bill No. 29-XX be read a second time by title. Brewer Herrell Page Varn
Burton Hopkins Papy Westberry
The motion was agreed to by a two-thirds vote and House Carmine Home Patton Williams, B.D.
Bill No. 29-XX was read a second time by title. Chaires Inman Petersen Williams,G.W.
Cleveland Jernigan Pittman Williams,J.R.A.
Mr. Bodiford moved that the rules be further waived and Cobb Johnson,C.R.Jr. Pratt Youngberg
House Bill No. 29-XX be read a third time in full and placed Coleman Jones, D.C.Jr. Pruitt
upon its passage. Conner Jones, O. W. Putnal
The motion was agreed to by a two-thirds vote and House Yeas-74.
Bill No. 29-XX was read a third time in full.
When the vote was taken on the passage of the bill the Nays-None.
result was: So the bill passed, title as stated, and was ordered imme-
Yea: diately certified to the Senate.
Mr. Speaker Cook King Roberts, E.S CONSIDERATION OF SENATE GENERAL BILLS OF
Alexander Crews Knight Rowell LOCAL APPLICATION FOR SECOND READING
Andrews Cross Lancaster Shaffer Without objection, consideration of Senate Bill No. 33-XX
Arrington Dukes Land Sheppard was temporarily deferred.
Ballinger Duncan Livingston Smith, S. C.
Bartholomew Frederick Mahon Stewart, C.D. S. B. No. 32-XX(56)-A bill to be entitled An Act relating
Beasley Gibbons Marshburn Stewart, E. L. to the Criminal Court of Record of Palm Beach County,
Beck Griffin,B.H.Jr. Merritt Surles Florida; providing two (2) judges for said court, the manner
Belser Griffin, J. J. Mitchell Sweeny of their selection, their tenure and salaries; repealing all
Blank Grimes Musselman Tillett laws and parts of laws in conflict herewith; and for other
Boyd Hathaway Orr Turlington purposes; providing a referendum.
Brewer Herrell Page Varn
Burton Hopkins Papy Westberry -was taken up.
Carmine Home Patton Williams, B.D.
Chaires Inman Petersen Williams,G.W. Mr. Roberts of Palm Beach moved that the rules be waived
Cleveland Jernigan Pittman Williams,J.R.A. and Senate Bill No. 32-XX be read a second time by title.
Cobb Johnson,C.R.Jr.Pratt Youngberg The motion was agreed to by a two-thirds vote and
Coleman Jones, D.C.Jr. Pruitt Senate Bill No. 32-XX was read a second time by title.
Conner Jones, O. W. Putnal
Mr. Roberts of Palm Beach moved that the rules be fur-
Yeas-74. their waived and Senate Bill No. 32-XX be read a third time
in full and placed upon its passage.
Nays-None. The motion was agreed to by a two-thirds vote and
So the bill passed, title as stated, and was ordered certified Senate Bill No. 32-XX was read a third time in full.
to the Senate. When the vote was taken on the passage of the bill the

H. B. No. 23-XX-A bill to be entitled An Act authorizing result was:
any person or persons, partnership, company or corporation Yea:
who construct fifty or more homes for sale in Counties having
a population not less than 28,900 and not more than 34,500 Mr. Speaker Beck Chaires Cross
inhabitants, according to the last Federal Census, after sale Alexander Belser Cleveland Dukes
thereof to other owners to manage the rental thereof and Andrews Blank Cobb Duncan
collect rentals if designated by the owners of said homes Arrington Boyd Coleman Frederick
as their agents and to accept compensation from said owners Ballinger Brewer Conner Gibbons
for their said services; repealing all laws and parts of laws, Bartholomew Burton Cook Griffin,B.H.Jr.
whether general or special, in conflict with this Act to the Beasley Carmine Crews Griffin, J. J.












80 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 27, 1956

Grimes Lancaster Petersen Surles Coleman Jernigan Orr Stewart, C. D.
Hathaway Land Pittman Sweeny Conner Johnson,C.R.Jr.Page Stewart, E. L.
Herrell Livingston Pratt Tillett Cook Jones, D.C.Jr. Papy Surles
Hopkins Mahon Pruitt Turlington Crews Jones, O. W. Patton Sweeny
Horne Marshburn Putnal Varn Duncan King Petersen Tillett
Inman Merritt Roberts, E. S. Westberry Frederick Knight Pittman Turlington
Jernigan Mitchell Rowell Williams, B.D. Gibbons Lancaster Pratt Varn
Johnson,C.R.Jr. Musselman Shaffer Wiliams,G.W. Griffin,B.H.Jr. Land Pruitt Williams, B.D.
Jones, D.C.Jr. Orr Sheppard Williams,J.R.A. Grimes Livingston Putnal Williams,G.W.
Jones, O. W. Page Smith, S. C. Youngberg Hathaway Mahon Roberts, E. S. Williams,J.R.A.
King Papy Stewart, C. D. Herrell Marshburn Shaffer Youngberg
Knight Patton Stewart, E. L. Hopkins Merritt Sheppard Zelmenovitz
Horne Mitchell Smith, S. C.
Yeas-74. Inman Musselman Smith,S.N.,Jr.
Nays-None. Yeas-70.
So the bill passed, title as stated, and was ordered imme- Nays-None.
diately certified to the Senate.
So House Joint Resolution No. 58-XX passed by the required
Mr. Arrington moved that the House now reconsider the Constitutional three-fifths vote of all Members elected to the
vote by which House Bill No. 56-XX passed. House of Representatives for the 1956 Extraordinary Session
The motion was agreed to and the vote by which House and was ordered certified to the Senate.
Bill No. 56-XX passed was reconsidered and House Bill No. Mr. Home moved that the rules be waived and the House
56-XX was placed back on third reading. now revert to the order of Consideration of Messages from the
Mr. Arrington moved that the House now reconsider the Senate.
vote by which House Bill No. 56-XX was read the third time. The motion was agreed to by a two-thirds vote, and it was
The motion was agreed to and the vote by which House so ordered.
Bill No. 56-XX was read the third time was reconsidered and CONSIDERATION OF MESSAGES FROM THE SENATE
House Bill No. 56-XX was placed back on second reading.
The following messages from the Senate were received and
Mr. Arrington moved that further consideration of House read:
Bill No. 56-XX be indefinitely postponed. Tallahassee, Florida
July 27, 1956
The motion was agreed to and it was so ordered. Honorable Ted David
Mr. Hopkins was given unanimous consent to now consider Speaker of the House of Representatives.
House Joint Resolution No. 58-XX, and Sir:
H. J. R. No. 58-XX-A Joint Resolution repealing Senate I am directed by the Senate to inform the House of Repre-
Joint Resolution No. 1052, of the 1955 Legislature, abolishing sentatives that the Senate has admitted for introduction by
the Court of Record of Escambia County. two-thirds vote and passed-
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE By the Committee on Appropriations-
OF FLORIDA:
S. B. No. 25-XX(56)--A bill to be entitled An Act authorizing
That Senate joint resolution No. 1052, adopted at the regu- and empowering the Board of Control to issue revenue cer-
lar session of the legislature of 1955, amending article V of tificates in an amount not to exceed three hundred fifty thous-
the constitution of the State of Florida, is hereby repealed. and dollars ($350,000) for purchasing a self-liquidating housing
-was taken up. project; providing an effective date.
Mr. Hopkins moved that House Joint Resolution No. 58-XX -and respectfully requests the concurrence of the House
be read a second time in full. therein.
Very respectfully,
The motion was agreed to and House Joint Resolution No. ROBT. W. DAVIS,
58-XX was read a second time in full. Secretary of the Senate.
Mr. Hopkins moved that the rules be further waived and The Speaker ruled that the introduction and consideration
House Joint Resolution No. 58-XX be read a third time in full of Senate Bill No. 25-XX, contained in the above message,
and placed upon its passage. would constitute Legislative business other than that for
which the Legislature was especially convened.
The motion was agreed to by a two-thirds vote and House
Joint Resolution No. 58-XX was read a third time in full. Mr. Horne moved that this House determine that it shall
transact the Legislative business of the introduction and
When the vote was taken on the passage of the Joint Reso- consideration of Senate Bill No. 25-XX.
lution, which reads as follows:
The motion was agreed to by the required Constitutional
H. J. R. No. 58-XX-A Joint Resolution repealing Senate two-thirds vote, and Senate Bill No. 25-XX was admitted for
Joint Resolution No. 1052, of the 1955 Legislature, abolishing introduction and consideration by the House.
the Court of Record of Escambia County.
The bill was read the first time by title and ordered
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE referred to the Committee on Appropriations.
OF FLORIDA:
Tallahassee, Florida
That Senate Joint Resolution No. 1052, adopted at the regu- July 26, 1956
lar session of the Legislature of 1955, amending Article V of Honorable Ted David
the constitution of the State of Florida, is hereby repealed. Speaker of the House of Representatives
-the result was: Sir-
Yea: I am directed by the Senate to inform the House of Rep-
resentatives that the Senate has admitted for introduction
Mr. Speaker Ballinger Belser Burton by two-thirds vote and passed-
Alexander Bartholomew Blank Chaires By the Committee on Appropriations-
Andrews Beasley Boyd Cleveland By the committee on A operations
Arrington Beck Brewer Cobb S. B. No. 26-XX(56)-A bill to be entitled An Act author-












July 26, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 81

izing the use of surplus funds for other building purposes at WHEREAS, with each session of the legislature a number
Florida State University; providing effective date. of new agencies or branches of existing agencies are created
by the legislature; and
-and respectfully requests the concurrence of the House the ulati
therein. WHEREAS, the population of our state has more than
"Very respectfully, doubled during the past ten (10) years, with all predictions
ROBT. W. DAVIS, pointing to the doubling of our present population during the
Secretary of the Senate. next ten (10) years; and
The Speaker ruled that the introduction and consideration WHEREAS, Florida has experienced an unusual industrial,
of Senate Bill No. 26-XX, contained in the above message, agricultural and business growth during the past few years
would constitute Legislative business other than that for which promises to expand in proportion to the population
which the Legislature was especially convened, during the next ten (10) years; and
Mr. Horne moved that this House determine that it shall WHEREAS, all departments of government have experienced
transact the Legislative business of the introduction and a tremendous increase in required government business in all
consideration of Senate Bill No. 26-XX. departments and particularly among the departments under
our governor and cabinet officers; and
The motion was agreed to by the required Constitutional
two-thirds vote, and Senate Bill No. 26-XX was admitted WHEREAS, office space and housing has been acute during
for introduction and consideration by the House. the past two or three years, requiring large expenditures for
rental space and facilities in the capitol building and adjacent
The bill was read the first time by title, and ordered referred buildings in the capitol center are inadequate to meet our
to the Committee on Appropriations. present needs, NOW, THEREFORE,
Mr. Horne moved that the rules be waived and the House BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES
now revert to the order of Introduction and Reference of OF THE STATE OF FLORIDA, THE SENATE CON-
House Bills, Joint Resolutions, House Resolutions, Concurrent CURRING:
Resolutions and Memorials. Section 1. The board of commissioners of state institutions
The motion was agreed to by a two-thirds vote, and it was is requested to make a survey among all departments of gov-
so ordered, ernment with headquarters and housing of departments in
"the capitol center in order to estimate the needs for office
INTRODUCTION AND REFERENCE OF HOUSE BILLS, space during the next five (5) to ten (10) years.
JOINT RESOLUTIONS, HOUSE RESOLUTIONS,
CONCURRENT RESOLUTIONS AND MEMORIALS Section 2. That the board of commissioners of state insti-
tutions shall make a report to the next session of the legis-
Mr. Surles moved that the time of adjournment be extended lature, estimating the housing needs of the administrative and
until the completion of the orders of business of Introduction judicial departments.
and reference of House Bills, Joint Resolutions, House Reso-
lutions, Concurrent Resolutions and Memorials, and Considera- Section 3. That a special committee of three (3) members
tion of Messages from the Senate. of the house and three (3) members of the senate be appointed
by the speaker of the house and president of the senate re-
The motion was agreed to, and it was so ordered. spectively, to confer with the board of commissioners of state
institutions in making this survey of housing needs, and to
By Messrs. Petersen of Pinellas and Pruitt of Jefferson- join with the board of commissioners in making this report
H. M. No. 61-XX-A Memorial to the Congress of the United to the 1957 legislature.
States of America urging them to propose such amendments Section 4. That this committee on housing of the house
to the Tenth Amendment to the Constitution of the United and senate be directed to report to the legislature the antici-
States, as may be designed and calculated to enable the Con- pated legislative needs in office space and other rooms re-
gress of the United States to review decrees or decisions of quired for legislative use projected over the next ten (10)
the United States Supreme Court in matters affecting State's years.
Rights when petitioned by any state or states and empower
the Congress of the United States to uphold or nullify the The Speaker ruled that the introduction and consideration
decree or decision of the United States Supreme Court. of House Concurrent Resolution No. 44-XX would constitute
Legislative business other than that for which the Legislature
Upon the recommendation of the Committee on Rules & was especially convened.
Calendar the Speaker ruled that the introduction and consid- Mr. Ballinger moved that this House determine that it shall
eration of House Memorial No. 61-XX would constitute Leg- transact the Legislative business of the introduction and con-
islative business other than that for which the Legislature sideration of House Concurrent Resolution No. 44-XX.
was especially convened.
The motion was agreed to by the required Constitutional
Mr. Petersen moved that this House determine that it shall two-thirds vote, and House Concurrent Resolution No. 44-XX
transact the Legislative business of the introduction and con- was admitted for introduction and consideration by the House.
sideration of House Memorial No. 61-XX.
The Concurrent Resolution was read the first time in full
The motion was not agreed to by the required Constitu- and ordered referred to the Committee on Resolutions.
tional two-thirds vote, and House Memorial No. 61-XX was
not admitted for introduction and consideration by the House. By Messrs. Ballinger and Horne of Leon-
Upon the recommendation of the Committee on Rules & H. C. R. No. 45-XX-A Concurrent Resolution relating to
Calendar, the Speaker ruled that the introduction and con- the repair and use of space in the capitol and Knott building
sideration of House Bill No. 48-XX would constitute Legis- re-assigned to various cabinet officers and departments.
lative business other than that for which the Legislature was HEE te com s staff
especially convened; therefore, House Bill No. 48-XX was WHEREAS, t he comptroller has moved most of his staff
not admitted for introduction and consideration by the House. and departments to the new Carlton office building, and
WHEREAS, several departments have vacated space in the
By Messrs. Ballinger and Horne of Leon- capitol and Knott building, and
H. C. R. No. 44-XX-A Concurrent Resolution relating to the WHEREAS, this space has been re-assigned to various cabi-
Housing of the Legislative, Executive and Judicial Departments net departments, and
and other Bureaus and Agencies of Government; requesting the
Board of Commissioners of State Institutions to make a proj- WHEREAS, a part of this assigned space was originally
ected survey of needs of State Government during the next constructed in 1903 and part of it was constructed in 1922,
five (5) to ten (10) years; providing a Housing Committee of and all the re-assigned space formerly used as open space
the House and Senate to estimate Legislative needs; requesting rooms for machines and files must be replanned for indi-
a report to the Legislature of 1957. vidual office space and secretarial use, and












82 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 27, 1956

WHEREAS, all of the space has antiquated wiring, lacks The motion was agreed to by a two-thirds vote and
adequate telephone facilities, needs floors and walls refin- House Bill No. 74-XX was read a second time by title.
ished, partitions constructed, and in some cases new ceilings, Mr. Mahon moved that the rules be further waived and
and Mr. Mahon moved that the rules be further waived and
House Bill No. 74-XX be read a third time in full and placed
WHEREAS, much of the re-assigned space in the basement upon its passage.
floor of the capitol was constructed in 1903, and has decayed
and rotted out so that floors must be entirely replaced in order The motion was agreed to by a two-thirds vote and
to be usable, NOW, THEREFORE, House Bill No. 74-XX was read a third time in full.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES When the vote was taken on the passage of the bill the
OF THE STATE OF FLORIDA, THE SENATE CONCUR- result was:
RING: Yeas:
Section 1. That the Board of Commissioners of State Insti- Mr. Speaker Cross Knight Rowell
tutions and the Budget Board be urged to secure available Alexander Dukes Lancaster Shaffer
funds from the Internal Improvement Board, or other avail- Andrews Duncan Land Sheppard
able revenue, such sum as is necessary and required to Arrington Frederick Livingston Shipp
refinish and redesign the available space in order to make it Ballinger Gleaton Mahon Smith, S. C.
efficiently workable for the use of the departments in keep- Bartholomew Griffin,B.H.Jr. McAlpin Smith,S.N.,Jr.
ing with the purpose desired. Beasley Griffin, J. J. Merritt Stewart, C. D.
Section 2. That this resolution is passed solely for the Beck Grimes Mitchell Surles
purpose of expressing the approval of the legislature in order Belser Hathaway Musselman Sweeny
that the Board of Commissioners of State Institutions and Blank Herrell Orr Turlington
the Budget Board may proceed at once to expedite the neces- Boyd Hopkins Page Varn
sary redesign of the space for early use, since the capitol Brewer Home Papy Westberry
office space is at a premium and departments should be en- Burton Inman Patton Williams, B.D.
courage to occupy the remodeled re-assigned space as soon Cleveland Jernigan Petersen Williams,J.R.A.
as possible for the more efficient operation of our state busi- Cobb Johnson,C.R.Jr. Pittman Youngberg
ness and for providing, in the move, additional space for Coleman Jones, D.C.Jr. Pratt Zelmenovitz
legislative use during the next general session of the legis- Conner Jones, E. B. Pruitt
lature. Costin Jones, O. W. Putnal
latureCrews King Roberts, E. S.
The Speaker ruled that the introduction and consideration
of House Concurrent Resolution No. 45-XX would constitute Yeas-73.
Legislative business other than that for which the Legislature Nays-None.
was especially convened.
SB So the bill passed, title as stated, and was ordered certified
Mr. Ballinger moved that this House determine that it shall to the Senate.
transact the Legislative business of the introduction and
consideration of House Concurrent Resolution No. 45-XX. By Mr. Andrews of Union-
The motion was agreed to by the required Constitutional H. B. No. 75-XX-A bill to be entitled An Act authorizing
two-thirds vote, and House Concurrent Resolution No. 45-XX Boards of County Commissioners in all counties of Florida
was admitted for introduction and consideration by the House. having a population of not less than eight thousand two hun-
The concurrent resolution was read the first time in full dred (8,200) and not more than eight thousand nine hundred
and ordered referred to the Committee on Resolutions fifty (8950) to appropriate anddisburse annually out of Couseven
ty General Revenue Funds an amount not to exceed seven
By Messrs. Sheppard and Carmine of Lee- thousand five hundred dollars ($7,500) for the maintenance
and upkeep of all cemeteries located in said counties; and
H. B. No. 73-XX-A bill to be entitled An Act relating to fixing an effective date.
all counties having a population of more than twenty-three
thousand (23,000) and less than twenty-three thousand The Speaker ruled that the introduction and consideration
five hundred (23,500) according to the last official census; of House Bill No. 5-XX would constitute Legislative sesebusiness
providing for the maintenance of a law library; and providing other than that for which the Legislature wa especially con-
an effective date. ve
The Speaker ruled that the introduction and consideration Mr. Andrews moved that this House determine that it shall
of House Bill No. 73-XX would constitute Legislative business transact the Legislative business of the introduction and con-
other than that for which the Legislature was especially con- sideration of House Bill No. 75-XX.
vened. The motion was agreed to by the required Constitutional
Mr. Sheppard moved that this House determine that it shall two-thirds vote, and House Bill No. 75-XX was admitted for
transact the Legislative business of the introduction and con- introduction and consideration by the House.
sideration of House Bill No. 73-XX. The bill was read the first time by title and ordered placed
The motion was agreed to by the required Constitutional on the Calendar of General Bills of Local Application.
two-thirds vote, and House Bill No. 73-XX was admitted forutnam Alen of Bay, Page of Nassau,
introduction and consideration by the House. By Messrs. Beck of Putnam, Allen of Bay, Page of Nassau,
introduction and consideration by the House. Livingston of Highlands, Williams of Columbia, Bodiford of
The bill was read the first time by title and ordered placed Bay, Merritt of Sumter, Chaires of Dixie, Mitchell of Wash-
on the Calendar of General Bills of Local Application. ington, Knight of Calhoun, Revelle of Wakulla, Chappell of
Marion, Duncan of Lake, Varn of Hernando, Jones of Taylor,
By Messrs. Mahon, Maness and Westberry of Duval- Smith of DeSoto, Williams of Hardee, Pittman of Santa Rosa,
H. B. No. 74-XX-A bill to be entitled An Act to amend Coleman of Orange, Ballinger of Leon, Pruitt of Jefferson,
Section 74.01, Florida Statutes 1955, by adding to the enum- Stewart of Okaloosa, Gleaton of Citrus, Shaffer of Pinellas,
eration of those bodies politic or corporate entitled to the and Cook of Olagler-
benefit of Chapter 74, Florida Statutes 1955, an additional an
category, namely, the Jacksonville Expressway Authority. H. B. No. 76-XX-A bill to be entitled An Act relating to
The bill was read the first time by title. State, County and Municipal Officers and Employees; pro-
hibiting their participation in boycotts; and providing a pen-
Mr. Mahon was given unanimous consent to now consider alty for violations; providing an effective date.
House Bill No. 74-XX.
Mr. Mahon moved that the rules be waived and House The Speaker ruled that the introduction and consideration
Bill No. 74-XX be read a second time by title. of House Bill No. 76-XX would constitute Legislative business












July 27, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 83

other than that for which the Legislature was especially to have 500 copies of House Bill No. 79-XX printed instead
convened, of the 250 copies provided for in the rules,
Mr. Beck moved that this House determine that it shall
transact the Legislative business of the introduction and con- Without objection, it was so ordered.
sideration of House Bill No. 76-XX. By Mr. Pruitt of Jefferson-
The motion was agreed to by the required Constitutional H. J. R. No. 80-XX-A Joint Resolution proposing an amend-
two-thirds vote, and House Bill No. 76-XX was admitted for ment to Article XII of the Constitution of Florida, by the ad-
introduction and consideration by the House. edition of a new section, to be numbered 12A, authorizing
The bill was read the first time by title and ordered referred county boards of public instruction to suspend any school
to the Committee on Internal Affairs & Education-Special. in the county or in any school attendance area over which
they have jurisdiction as an emergency measure in the public
Mr. Mahon moved that the House reconsider the vote by interest, subject to referendum and providing for continued
which House Bill No. 76-XX was admitted for introduction education of pupils affected.
and consideration by the House, and requested that the
motion be left pending. The Speaker withheld his ruling on the question on whether
or not the introduction and consideration of House Joint
By Mr. Knight of Calhoun- Resolution No. 80-XX would constitute Legislative business
other than that for which the Legislature was especially con-
H. B. No. 77-XX-A bill to be entitled An Act relating to the vened, and requested a recommendation of the Committee
duties of the County Boards of Public Instruction. on Rules & Calendar with respect thereto.
The Speaker withheld his ruling on the question of whether By Mr. Pruitt of Jefferson-
or not the introduction and consideration of House Bill No.
77-XX would constitute Legislative business other than that H. B. No. 81-XX-A bill to be entitled An Act relating to
for which the Legislature was especially convened, and re- public schools; authorizing county boards of public instruction
quested a recommendation of the Committee on Rules & to suspend under certain circumstances any school within its
Calendar with respect thereto. jurisdiction as an emergency measure in the public interest;
pursuant to petition and referendum; providing continued ed-
By Mr. Johnson of Pinellas- ucation of pupils, and providing for transfer of teachers and
H. B. No. 78-XX-A bill to be entitled An Act relating to the safeguarding of their tenure and retirement rights.
submerged or bottom lands within Pinellas County; providing The Speaker withheld his ruling on the question of whether
for minimum requirements for filling, constructing or de- or not the introduction and consideration of House Bill No.
veloping said lands; providing a penalty for violations; and 81-XX would constitute Legislative business other than that
providing for a referendum, for which the Legislature was especially convened, and request-
The Speaker ruled that the introduction and consideration ed a recommendation of the committee on Rules & calendar
of House Bill No. 78-XX would constitute Legislative business with respect thereto.
other than that for which the Legislature was especially con- By Mr. Pruitt of Jefferson-
vened.
House Memorial No. 82-XX-A memorial to the Congress of
Mr. Johnson of Pinellas moved that this House determine the United States of America urging them to enact such leg-
that It shall transact the Legislative business of the intro- isolation as they may deem fit to declare that the 14th and
duction and consideration of House Bill No. 78-XX. 15th Amendments to the Constitution of the United States were
never validly adopted and that they are null and void and
The motion was agreed to by the required Constitutional of no effect.
two-thirds vote, and House Bill No. 78-XX was admitted for
introduction and consideration by the House. The Speaker withheld his ruling on the question of whether
or not the introduction and consideration of House Memorial
The bill was read the first time by title and ordered placed No. 82-XX would constitute Legislative business other than
on the Calendar of Local Bills. that for which the Legislature was especially convened, and
By Messrs. Jones of Collier, Bartholomew of Sarasota, Pratt requested a recommendation of the Committee on Rules &
of Manatee, Andrews of Union, Beasley of Walton, Boyd of Calendar with respect thereto.
Lake, Coleman of Orange, Conner of Bradford, Costin of By Mr. Hopkins of Escambia-
Gulf, Dukes of Jackson, Duncan of Lake, Gleaton of Citrus,
Hathaway of Charlotte, Hopkins of Escambia, Home of Leon, H. J. R. No. 83-XX-A Joint Resolution amending Section
Johnson of Pinellas, King of St. Lucie, Lancaster of Gilchrist, 10 of House Joint Resolution No. 810, of the 1955 Legislature,
Land of Orange, Musselman of Broward, Orr of Dade, Papy proposing a revision of Article V of the Constitution of the
of Monroe, Putnal of Lafayette, Shaffer of Pinellas, Sheppard State of Florida, by providing for a County Solicitor and Clerk
of Lee, Shipp of Jackson, Smith of DeSoto, Varn of Hernando, of the Court of Record of Escambia County.
Westberry of Duval, Williams of Hardee, Williams of Pasco,
Youngberg of Sarasota, Zelmenovitz of Okeechobee and David WHEREAS, House Joint Resolution No. 810, of the 1955
of Broward- regular Session of the Legislature, the revision of Article V,
relating to the judiciary, made provision for the Judge of
H. B. No. 79-XX-A bill to be entitled An Act relating to the the Court of Record, but failed to specifically include a pro-
publication or dissemination of information relating to real vision for the County Solicitor and Clerk of the Court of
estate located in Florida offered for sale; prohibiting publica- Record, and
tion of false or misleading information in offering for sale
or for purpose of inducing purchase of such real estate or Legslature s lawfully closed with au-
n interest in the title tin amt; raviing cnspiracy to ioctiorret this error i House Joint Resolution No o t






late provisions of act a crime and providing for punishment 1955 regular Session of the Legislature of the State of Florida,
and rights of civil remedies for such violations and for judi- No 81 where the Court of Record of Esambia County is
ia enoinis of vilreadtefirs of po vitionst o anct; prd to thd left with only a judicial br a nd no prosecutor or clerk,
cia l enjoining of violations of provisions of act; providing mayNOW, THEREFORE,
for filing with the Florida Real Estate Commission of such
information and for the determination by the commission BE IT RESOLVED BY THE LEGISLATURE OF THE
that such information is not false or misleading; providing STATE OF FLORIDA:
for the use as evidence in criminal and civil proceedings of
the results of such determination; making conspiracy to vio- That Section 10 of House Joint Resolution No. 810 of the
late provisions of act a crime and providing for punishment 1955 regular Session of the Legislature of the State of Florida.
of conspirators and accessories; and providing an effective is amended to read as follows:
date of the act. Section 10. Court of Record of Escambia County.-In Es-
The bill was read the first time by title and referred to the cambia County there shall be a court of record with two or
Committee on Judiciary-Civil. more judges as the legislature may provide, who shall be
elected for a term of six (6) years by the qualified electors
Mr. Sweeny requested unanimous consent of the House of said county as other county officials are elected, and













84 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 27, 1956

whose compensation shall be fixed by the legislature. Said transact the Legislative business of the introduction and con-
court shall have exclusive jurisdiction of all criminal cases sideration of House Joint Resolution No. 83-XX.
not capital and, concurrent with the circuit court of said
county and the judges thereof, the same original jurisdiction The motion was agreed to by the required Constitutional
of all cases and matters and the same power and authority to two-thirds vote, and House Joint Resolution No. 83-XX was
issue all writs as the circuit court of said county and the admitted for introduction and consideration by the House.
judges thereof, excepting the power to summon and empanel
a grand jury, and jurisdiction of such other matters as the The joint resolution was read the first time in full and re-
legislature may provide. The rules of procedure and practice ferred to the Committee on Constitutional Amendments.
applicable to the circuit court of said county shall obtain in
thec tote circuit court of recordsaid county shall obtain in Mr. Hopkins moved that House Joint Resolution No. 83-XX
be withdrawn from the Committee on Constitutional Amend-
The provisions of this constitution and all laws enacted ments and placed on the Calendar.
in consonance therewith pertaining to circuit courts and the
officers thereof and to appeals and writs of error from cir- The motion was agreed to by a two-thirds vote, and House
cuit courts, including the manner of the appointment or Joint Resolution No. 83-XX was ordered withdrawn from the
election and the terms of office and compensation of said Committee on Constitutional Amendments and placed on the
officers, shall apply with like effect to the court of record Calendar.
of Escambia County and the officers thereof except as other-
wise provided in this section; provided that the compensation Mr. Hopkins was given unanimous consent to now take up
and expense allowances of said judges of said court of record and consider House Joint Resolution No. 83-XX out of its
shall be paid by Escambia County and shall be the same as regular order, and
paid to and received from all sources by judges of the circuit
court of said county resident in said county. H. J. R. No. 83-XX-A joint resolution amending Section
10 of House Joint Resolution No. 810, of the 1955 Legisla-
At the request of a judge of the circuit court of Escambia ture, proposing a revision of Article V of the Constitution of
County evidence as now provided by law a judge of the court the State of Florida, by providing for a County Solicitor and
of record may assume and perform in every respect the juris- Clerk of the Court of Record of Escambia County.
diction and duties of the circuit court of Escambia County
or a judge thereof, including the trial of capital cases and WHEREAS, House Joint Resolution No. 810, of the 1955
the power to summon and empanel a grand jury; and at regular Session of the Legislature, the revision of Article V,
the request of a judge of the court of record evidenced as relating to the judiciary, made provision for the Judge of the
now provided by law a judge of the circuit court of Escambia Court of Record, but failed to specifically include a provision
County may assume and perform in every respect the duties for the County Solicitor and Clerk of the Court of Record,
and jurisdiction of the court of record of Escambia County and
or a judge thereof.
WHEREAS, this Legislature is lawfully clothed with au-
There shall hereafter be elected for a term of four (4) thority to correct this error in said House Joint Resolution No.
years by the qualified electors of Escambia County, Florida, 810, whereby the Court of Record of Escambia County is
a prosecuting attorney, who shall be known as "County So- left with only a judicial branch and no prosecutor or clerk,
licitor of Escambia County, Florida", and who shall be the NOW, THEREFORE,
prosecuting attorney in the Court of Record in and for Es-
cambia County, Florida, and his duties and compensation BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
shall be fixed by law. An election for County Solicitor shall OF FLORIDA:
be held at the general election in 1958, and each four (4)
years thereafter, and the person elected at any such election That Section 10 of House Joint Resolution No. 810 of the
shall take office the first Tuesday after the first Monday in 1955 regular Session of the Legislature of the State of Florida,
January succeeding the date of the election. Any person now is amended to read as follows:
occupying such office or who shall hereafter be appointed to
fill any vacancy therein shall continue in office until the Section 10. Court of Record of Escambia County.-In Es-
election and qualification of a County Solicitor hereunder. cambia County there shall be a court of record with two or
more judges as the legislature may provide, who shall be
All offenses triable in the Court of Record in and for Es- elected for a term of six (6) years by the qualified electors
cambia County, Florida, shall be prosecuted upon information of said county as other county officials are elected, and whose
under oath, to be filed by the County Solicitor, but the Grand compensation shall be fixed by the legislature. Said court
Jury of the Circuit Court for Escambia County, Florida, may shall have exclusive jurisdiction of all criminal cases not cap-
indict for offenses triable in said Court. Upon the finding of ital and, concurrent with the circuit court of said county
any such indictment the Circuit Judge shall admit to bail or and the judges thereof, the same original jurisdiction of all
commit the accused pending trial in the Court of Record in cases and matters and the same power and authority to is-
and for Escambia County, Florida, and trial shall be upon sue all writs as the circuit court of said county and the
information filed by the County Solicitor. judges thereof, excepting the power to summon and empanel
a grand jury, and jurisdiction of such other matters as the
The Clerk of said Court shall be eletced by the electors of legislature may provide. The rules of procedure and practice
Escambia County at the General Election in 1960 and each applicable to the circuit court of said county shall obtain in
four (4) years thereafter, and the person elected shall hold the court of record.
office for four (4) years. The compensation and duties of
the Clerk shall be fixed by law. The Clerk of the Court of The provisions of this constitution and all laws enacted in
Record in and for Escambia County, Florida, elected at the consonance therewith pertaining to circuit courts and the
General Election of 1956 and any successor appointed to fill officers thereof and to appeals and writs of error from cir-
any vacancy in said office which may occur, shall hold office cult courts, including the manner of the appointment or
until the first Tuesday after the first Monday, January, 1961. election and the terms of office and compensation of said of-
The Sheriff of the County shall be the executive officer ficers, shall apply with like effect to the court of record of
of said Court and his duties and compensation shall be fixed Escambia County and the officers thereof except as other-
by law. wise provided in this section; provided that the compensation
and expense allowances of said judges of said court of record
In event of vacancy in the office of County Solicitor, Clerk shall be paid by Escambia County and shall be the same as
or other officer of the Court of Record in and for Escambia paid to and received from all sources by judges of the cir-
County, Florida, from any cause, the successor to fill such cult court of said county resident in said county.
vacancy shall be appointed by the Governor to serve for the
unexpired term of such office which has become vacant. At the request of a judge of the circuit court of Escambia
County evidence as now provided by law a judge of the court
The Speaker ruled that the introduction and consideration of record may assume and perform in every respect the juris-
of House Joint Resolution No. 83-XX would constitute Legis- diction and duties of the circuit court of Escambia County or
lative business other than that for which the Legislature was a judge thereof, including the trial of capital cases and the
especially convened, power to summon and empanel a grand jury; and at the re-
quest of a judge of the court of record evidenced as now pro-
Mr. Hopkins moved that this House determine that it shall vided by law a judge of the circuit court of Escambia County












July 27, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 85

may assume and perform in every respect the duties and jur- That Section 10 of House Joint Resolution No. 810 of the
isdiction of the court of record of Escambia County or a 1955 regular Session of the Legislature of the State of Florida,
judge thereof, is amended to read as follows:
There shall hereafter be elected for a term of four (4) years Section 10. Court of Record of Escambia County.-In Es-
by the qualified electors of Escambia County, Florida, a pros- cambia County there shall be a court of record with two or
ecuting attorney, who shall be known as "County Solicitor more judges as the legislature may provide, who shall be
of Escambia County, Florida", and who shall be the prose- elected for a term of six (6) years by the qualified electors
cutting attorney in the Court of Record in and for Escambia of said county as other county officials are elected, and
County, Florida, and his duties and compensation shall be whose compensation shall be fixed by the legislature. Said
fixed by law. An election for County Solicitor shall be held court shall have exclusive jurisdiction of all criminal cases
at the general election in 1958, and each four (4) years not capital and, concurrent with the circuit court of said
thereafter, and the person elected at any such election shall county and the judges thereof, the same original jurisdiction
take office the first Tuesday after the first Monday in Jan- of all cases and matters and the same power and authority to
uary succeeding the date of the election. Any person now issue all writs as the circuit court of said county and the
occupying such office or who shall hereafter be appointed to judges thereof, excepting the power to summon and empanel
fill any vacancy therein shall continue in office until the a grand jury, and jurisdiction of such other matters as the
election and qualification of a County Solicitor hereunder. legislature may provide. The rules of procedure and practice
applicable to the circuit court of said county shall obtain in
All offenses triable in the Court of Record in and for Es- the court of record.
cambia County, Florida, shall be prosecuted upon information
under oath, to be filed by the County Solicitor, but the Grand The provisions of this constitution and all laws enacted
Jury of the Circuit Court for Escambia County, Florida, may in consonance therewith pertaining to circuit courts and the
indict for offenses triable in said Court. Upon the finding of officers thereof and to appeals and writs of error from cir-
any such indictment the Circuit Judge shall admit to bail cuit courts, including the manner of the appointment or
or commit the accused pending trial in the Court of Record election and the terms of office and compensation of said
in and for Escambia County, Florida, and trial shall be upon officers, shall apply with like effect to the court of record
information filed by the County Solicitor. of Escambia County and the officers thereof except as other-
The Clerk of said Court shall be elected by the electors of wise provided in this section; provided that the compensation
Escambia County at the General Election in 1960 and each and expense allowances of said judges of said court of record
four (4) years thereafter, and the person elected shall hold shall be paid by Escambia County and shall be the same as
office for four (4) years. The compensation and duties of paid to and received from all sources by judges of the circuit
the Clerk shall be fixed by law. The Clerk of the Court of court of said county resident in said county.
Record in and for Escambia County, Florida, elected at the At the request of a judge of the circuit court of Escambia
General Election of 1956 and any successor appointed to fill County evidence as now provided by law a judge of the court
any vacancy in said office which may occur, shall hold of- of record may assume and perform in every respect the juris-
fice until the first Tuesday after the first Monday, January, diction and duties of the circuit court of Escambia County
1961. or a judge thereof, including the trial of capital cases and
The Sheriff of the County shall be the executive officer of the power to summon and empanel a grand jury; and at
said Court and his duties and compensation shall be fixed by the request of a judge of the court of record evidenced as
law. now provided by law a judge of the circuit court of Escambia
County may assume and perform in every respect the duties
In event of vacancy in the office of County Solicitor, Clerk and jurisdiction of the court of record of Escambia County
or other officer of the Court of Record in and for Escambia or a judge thereof.
County, Florida, from any cause, the successor to fill such There shall hereafter be elected for a term of four (4)
vacancy shall be appointed by the Governor to serve for the years by the qualified electors of Escambia County, Florida
unexpired term of such office which has become vacant, a prosecuting attorney, who shall be known as "County So-
-was taken up. licitor of Escambia County, Florida", and who shall be the
prosecuting attorney in the Court of Record in and for Es-
Mr. Hopkns moved that the rules be waived and House Joint cambia County, Florida, and his duties and compensation
Resolution No. 83-XX be read a second time in full. shall be fixed by law. An election for County Solicitor shall
be held at the general election in 1958, and each four (4)
The motion was agreed to by a two-thirds vote and House years thereafter, and the person elected at any such election
Joint Resolution No. 83-XX was read a second time in full. shall take office the first Tuesday after the first Monday in
Mr. Hopkins moed that the rulesbe further waived and January succeeding the date of the election. Any person now
House Joint Resolution No. 83-XX be read a third time in occupying such office or who shall hereafter be appointed to
fus Jnon Ra su n its baa fill any vacancy therein shall continue in office until the
full and placed upon its passage, election and qualification of a County Solicitor hereunder.
The motion was agreed to by a two-thirds vote and House All offenses triable in the Court of Record in and for Es-
Joint Resolution No. 83-XX was read a third time in full. cambia County, Florida, shall be prosecuted upon information
When the vote was taken on the passage of the joint reso- under oath, to be filed by the County Solicitor, but the
lution, which reads as follows: Grand Jury of the Circuit Court Escambia County, Florida,
may indict for offenses triable in said Court. Upon the finding
H. J. R. No. 83-XX-A Joint Resolution amending Section of any such indictment the Circuit Judge shall admit to
10 of House Joint Resolution No. 810, of the 1955 Legislature. bail or commit the accused pending trial in the Court of
proposing a revision of Article V of the Constitution of the Record in and for Escambia County, Florida, and trial shall
State of Florida, by providing for a County Solicitor and Clerk be upon information filed by the County Solicitor.
of the Court of Record of Escambia County. The Clerk of said Court shall be elected by the electors of
WHEREAS, House Joint Resolution No. 810, of the 1955 Escambia County at the General Election in 1960 and each
regular Session of the Legislature, the revision of Article V, four (4) years thereafter, and the person elected shall hold
relating to the judiciary, made provision for the Judge of office for four (4) years. The compensation and duties of
the Court of Record, but failed to specifically include a pro- the Clerk shall be fixed by law. The Clerk of the Court of
vision for the County Solicitor and Clerk of the Court of Record in and for Escambia County, Florida, elected at the
Record, and General Election of 1956 and any successor appointed to fill
any vacancy in said office which may occur, shall hold office
WHEREAS, this Legislature is lawfully clothed with au- until the first Tuesday after the first Monday, January, 1961.
thority to correct this error in said House Joint Resolution The Sheriff of the County shall be the executive officer
No. 810, whereby the Court of Record of Escambia County is of said Court and his duties and compensation shall be fixed
left with only a judicial branch and no prosecutor or clerk, by law.
NOW, THEREFORE,
In event of vacancy in the office of County Solicitor, Clerk
BE IT RESOLVED BY THE LEGISLATURE OF THE or other officer of the Court of Record in and for Escambia
STATE OF FLORIDA County, Florida, from any cause, the successor to fill such












86 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 27, 1956

vacancy shall be appointed by the Governor to serve for the the notice and evidence thereof required by Section 21 of
unexpired term of such office which has become vacant. Article III of the Constitution, has been established in this
-the result was: Legislature.
Yeas: The above bill was read the first time by title and ordered
placed on the Calendar of Local Bills.
Mr. Speaker Crews Knight Rowell
Alexander Cross Lancaster Shaffer CONSIDERATION OF MESSAGES FROM THE SENATE
Andrews Dukes Land Shipp The following messages from the Senate were received and
Arrington Duncan Livingston Smith,S.N.,Jr. read:
Ballinger Frederick Mahon Stewart, C. D. Tallahassee, Florida
Beasley Gibbons McAlpin Surles
Beck Gleaton Merritt Sweeny oJuly 27, 1956
Belser Griffin,B.H.Jr. Mitchell Tillett Honorable Ted David
Blank Grimes Orr Turlington Speaker of the House of Representatives.
Boyd Herrell Page Varn Sir:
Brewer Hopkins Papy Williams, B.D.
Burton Home Patton Williams,J.R.A. I am directed by the Senate to inform the House of Repre-
Chaires Inman Petersen Youngberg sentatives that the Senate has admitted for introduction and
Cleveland Jernigan Pittman Zelmenovitz consideration by two-thirds vote and passed-
Cobb Johnson,C.R.Jr.Pratt By Senator Floyd-
Conner Jones, .W. Pruitt S. B. No. 54-XX(56)-A bill to be entitled An Act relating
Costin King Putnal to the City of Apalachicola; amending Section 9 of Chapter
Yeas-65. 24374, Special Acts of 1947, to provide for a primary election
and a second primary if necessary to elect a city commission;
Nays-None. amending Section 11 of Chapter 24374, Special Acts of 1947
So House Joint Resolution No. 83-XX passed by the required to include qualification of candidates; amending Section 13
Constitutional three-fifths vote of all Members elected to the of Chapter 24374, Special Acts of 1947, providing that the com-
House of Representatives for the Extraordinary Session of mission shall be the judge of nomination, qualification, and
1956, and was ordered certified to the Senate. election of its members.
By Messrs. Surles of Polk, Livingston of Highlands, Wil- Proof of publication attached.
liams of Hardee, and Tillett of Polk- -and respectfully requests the concurrence of the House
H. B. No. 84-XX-A bill to be entitled An Act providing for therVery respectfully,
further and additional salary to be paid by any county to ROBT. W. DAVIS,
the circuit judges of any judicial circuit of the State of Secretary of the Senate.
Florida embracing three (3) counties with a population of
said circuit being not less than one hundred forty thousand The Speaker ruled that the introduction and consideration
(140,000) population, nor more than two hundred fifty thou- of Senate Bill No. 54-XX, contained in the above message,
sand (250,000) population according to the last preceding would constitute Legislative business other than that for
Federal census and which largest county constitutes more which the Legislature was especially convened.
than seventy percent (70%) of the total population of the Mrs. Patton moved that this House determine that it shall
judicial circuit; making the same a county purpose and pro- transact the Legislative business of the introduction and con-
viding that such payments be made from the general revenue sideration of Senate Bill No. 54-XX.
fund of such county having such population; and providing
an effective date. The motion was agreed to by the required Constitutional
"two-thirds vote, and Senate Bill No. 54-XX was admitted for
The Speaker ruled that the introduction and considera- introduction and consideration by the House.
tion of House Bill No. 84-XX would constitute Legislative Proof of publication of Notice attached to S. B. No. 54-XX.
business other than that for which the Legislature was espe-
cially convened. The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article III
Mr. Surles moved that this House determine that it shall of the Constitution, has been established in this Legislature.
transact the Legislative business of the introduction and
consideration of House Bill No. 84-XX. And Senate Bill No. 54-XX was read the first time by title
and ordered placed on the Local Calendar.
The motion was not agreed to by the required Constitu-
tional two-thirds vote, and House Bill No. 84-XX was not Tallahassee, Florida
admitted for introduction and consideration by the House. July 27, 1956
By Mr. Pratt of Manatee- Honorable Ted David
Speaker of the House of Representatives.
H. B. No. 85-XX-A bill to be entitled An Act to create the
Manatee County Industrial Development Authority in Mana- Sir:
tee County; to provide for the membership of the authority I am directed by the Senate to inform the House of Repre-
and the purpose, duties, control, organization and powers of sentatives that the Senate has admitted for introduction and
said authority; to provide for issuing revenue-anticipation consideration by two-thirds vote and passed-
certificates and for the validation of such certificates; and
providing for the cooperation of the authority with munici- By Senator Floyd-
palities within the area of the authority. S. B. No. 52-XX(56)-A bill to be entitled An Act to amend
The Speaker ruled that the introduction and consideration Chapter 24374, Laws of Florida, Acts of 1947, "To abolish the
of House Bill No. 85-XX would constitute Legislative business present municipal government of the City of Apalachicola,
other than that for which the Legislature was especially con- in the County of Franklin, in the State of Florida, and to cre-
other than that forate, establish and organize a municipality to be known and
venue. designated as the City of Apalachicola, and to define its terri-
Mr. Pratt moved that this House determine that it shall trial boundaries and to provide for its government, jurisdic-
transact the Legislative business of the introduction and con- tion, powers, franchises and privileges by authorizing the is-
sideration of House Bill No. 85-XX. suance of search warrants by the Municipal Judge of the City
of Apalachicola.
The motion was agreed to by the required Constitutional of Apalachicola.
two-thirds vote, and House Bill No. 85-XX was admitted for Proof of Publication attached.
introduction and consideration by the House. -and respectfully requests the concurrence of the House
Proof of Publication of notice attached to House Bill No. therein.
85-XX. Very respectfully,
"h ROBT. W. DAVIS,
The House of Representatives thereupon determined that Secretary of the Senate.












July 27, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 87

The Speaker ruled that the introduction and consideration izing all of the boards of county commissioners of the coun-
of Senate Bill No. 52-XX, contained in the above message, ties comprising the Fifth Judicial Circuit to expend public
would constitute Legislative business other than that for which funds for the purpose of procuring an enumeration of the
the Legislature was especially convened. inhabitants of all counties in the Fifth Judicial Circuit; pro-
Mrs. Patton moved that this House determine that it shall hiding effective date.
transact the Legislative business of the introduction and con- -and respectfully requests the concurrence of the House
sideration of Senate Bill No. 52-XX. therein.
The motion was agreed to by the required Constitutional Very respectfully,
two-thirds vote, and Senate Bill No. 52-XX was admitted for SROBT. W. DAVIS,en
introduction and consideration by the House. Secretary of the Senate.
And S e Bill No. 52-XX was r firs tim b tit The Speaker ruled that the introduction and consideration
And Senate Bill No. 52XX was read the first time by title of Senate Bill No. 53-XX, contained in the above message,
and ordered placed on the Local Calendar. would constitute Legislative business other than that for which
Tallahassee, Florida the Legislature was especially convened.
July 27, 1956 Mr. Duncan moved that this House determine that it shall
transact the Legislative business of the introduction and con-
Honorable Ted David sideration of Senate Bill No. 53-XX.
Speaker of the House of Representatives.
The motion was agreed to by the required Constitutional
Sir: two-thirds vote, and Senate Bill No. 53-XX was admitted
for introduction and consideration by the House.
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has admitted for introduction and The bill was read the first time by title and referred to
consideration by two-thirds vote and passed- the Committee on Parliamentary Procedure.
By Senator Morgan- Tallahassee, Florida,
S. B. No. 51-XX(56)-A bill to be entitled An Act to provide July 27, 1956
for the establishment and maintenance of a Law Library in Honorable Ted David
any County in any Judicial Circuit of the State of Florida, Speaker of the House of Representatives.
which said circuit embraces 3 or more counties, and which
county is one having a population of more than 300,000 in- Sir:
habitants, according to the last official census, and making
the same a lawful county purpose; to provide for the creation I am directed by the Senate to inform the House of Repre-
of a Law Library Fund for such county, providing for the sentatives that the Senate has admitted for introduction and
manner of expenditure of such fund for the maintenance and consideration by two-thirds vote and passed-
operation of such library; to provide additional occupational
license taxes upon members of the bar of such county, appro- By Senator Cabot-
priating the proceeds thereof to such Law Library Fund; S. B. No. 48-XX(56)--A bill to be entitled An Act to repeal
authorizing the Board of County Commissioners to make an- Articles 2, 3 and 4 of Part XII of Chapter 24514, Laws of
nual appropriations to the Law Library Fund for the main- Florida, Special Acts of 1947, as amended, being parts of city
tenance and operation of such Law Library; to provide for the charter of the City of Fort Lauderdale, relating to franchises,
creation of a Law Library Board to have general supervision sale of public property and leases of public property respec-
of such Law Library and to make rules and regulations con- tively, and enacting in lieu thereof new provisions relative to
cerning its administration, use and operation; to provide for franchises, sale of public property and leasing of public prop-
an additional filing fee in all civil causes in all Courts of
Record ini such county and for the payment thereof by the erty.
judge or clerk of such courts to such Law Library Fund; re- Proof of publication attached.
pealing all laws or parts of laws in conflict herewith. -and respectfully requests the concurrence of the House
-and respectfully requests the concurrence of the House therein.
therein. Very respectfully,
Very respectfully, ROBT. W. DAVIS,
ROBT. W. DAVIS, Secretary of the Senate.
Secretary of the Senate. The Speaker ruled that the introduction and consideration
The Speaker ruled that the introduction and consideration of Senate Bill No. 48-XX, contained in the above message,
of Senate Bill No. 51-XX, contained in the above message, would constitute Legislative business other than that for which
would constitute Legislative business other than that for which the Legislature was especially convened.
the Legislature was especially convened. Mr. Musselman moved that this House determine that it
Mr. Mahon moved that this House determine that it shall shall transact the Legislative business of the introduction and
transact the Legislative business of the introduction and con- consideration of Senate Bill No. 48-XX.
sideration of Senate Bill No. 51-XX. The motion was agreed to by the required Constitutional
The motion was agreed to by the required Constitutional two-thirds vote, and Senate Bill No. 48-XX was admitted for
two-thirds vote, and Senate Bill No. 51-XX was admitted for introduction and consideration by the House.
introduction and consideration by the House. Proof of publication of Notice attached to S. B. No. 48-XX.
The bill was read the first time by title and ordered referred
to the Committee n Parliamentary Procedure. referred The House of Representatives thereupon determined that the
notice and evidence thereof required by Section 21 of Article
Tallahassee, Florida, III of the Constitution, has been established in this Legislature.
July 27, 1956 And Senate Bill No. 48-XX was read the first time by title
Honorable Ted David and ordered placed on the Local Calendar.
Speaker of the House of Representatives.
Tallahassee, Florida
Sir:
I am directed by the Senate to inform the House of Repre- July 27, 1956
sentatives that the Senate has admitted for introduction and Honorable Ted David
consideration by two-thirds vote and passed- Speaker of the House of Representatives.
By Senators Edwards, Baker, Connor, and Getzen- Sir:
S. B. No. 53-XX(56)-A bill to be entitled An Act author- I am directed by the Senate to inform the House of Repre-












88 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 27, 1956

sentatives that the Senate has admitted for introduction and taries constituted the last great undeveloped river system in
consideration by two-thirds vote and passed- the United States, and
By Senators Melvin, Johnson, Rawls and Johns- WHEREAS, the Honorable Spessard L. Holland has given
his constant attention and great talent to the successful de-
S. B. No. 38-XX(56)-A bill to be entitled An Act to pro- velopment of this mighty river system,.anc
vide for the creation and appointment of a committee of the
Legislature to make investigations of the activities in this WHEREAS, .blending unusual vision and common sense
state of organizations advocating violence or a course of Senator Holland is responsible personally for much of the
conduct which would constitute a violation of the laws of legislative planning and remarkable enthusiasm for the Apa-
Florida; for the conduct of hearings, and the subpoenaeing lachicola River Project throughout all branches of our Federal
of witnesses; for a report of such committee to the 1957 Leg- Government, and
islature; authorizing the employment of specialized assistance WHEREAS, Senator Holland being the senior United States
by the committee; making an appropriation for the expenses Senator was an outstanding member of the Public Works
of the committee; and providing an effective date. Committee of the United States Senate and is now a member
-and respectfully requests the concurrence of the House of the Appropriation Committee and in this capacity he has
therein. done a memorative and magnificent service in the proper
trei. advancement of the whole river system; NOW, THEREFORE,

ROBT. W. DAVIS, BE IT RESOLVED BY THE SENATE OF THE STATE OF
Secretary of the Senate. FLORIDA, THE HOUSE OF REPRESENTATIVES CON-
CURRING:
The Speaker withheld his ruling on the question of whether
or not the introduction and consideration of Senate Bill No. That the Congress of the United States of America is re-
Sspectfully requested to designate and name the lake formed
38-XX, contained in the above message, would constitute Leg- etful requested the inte section of th le Corata
islative business other than that for which the Legislature hby the Jim Woodruff Dam at the intersection of the Chatta-
was especially convened, and requested a recommendation of hoochee, Flint and Apalachicola Rivers, as "Lake Holland",
the Committee on Rules & Calendar with respect thereto in tribute to the splendid work of Senator Spessard L. Holland
the Committee on Rules & Calendar with respect thereto. of Florida in aiding to bring about the realization of that
Tallahassee, Florida longtime dream of the thousands of people living in the Three
July 27, 1956 Rivers Development area, and
Honorable Ted David BE IT FURTHER RESOLVED, that copies of this memorial
Speaker of the House of Representatives. be transmitted to the Florida Delegation in the United States
Senate and House of Representatives, and
Sir:
r BE IT FURTHER RESOLVED, that copies of this memorial
I am directed by the Senate to inform the House of Repre- be sent to the governors of Georgia and Alabama, and that
sentatives that the Senate has admitted for introduction and they be hereby asked to join in urging this tribute.
consideration by two-thirds vote and passed--
-and respectfully requests the concurrence of the House
By Senators Johns and Morgan- therein.
S. B. No. 31-XX(56)-A bill to be entitled An Act making Very respectfully,
an appropriation for emergency building repairs at the State ROBT. W. DAVIS,
Prison; providing an effective date. Secretary of the Senate.
-and respectfully requests the concurrence of the House The Speaker ruled that the introduction and consideration
therein. of Senate Memorial No. 30-XX, contained in the above mes-
Vr rspcsage, would constitute Legislative business other than that for
Very respectfully, which the Legislature was especially convened.
ROBT. W. DAVIS,
Secretary of the Senate. Mrs. Patton moved that this House determine that it shall
transact the Legislative business of the introduction and con-
The Speaker ruled that the introduction and consideration sideration of Senate Memorial No. 30-XX.
of Senate Bill No. 31-XX would constitute Legislative business
other than that for which the Legislature was especially con- The motion was agreed to by the required Constitutional
vened. two-thirds vote, and Senate Memorial No. 30-XX was ad-
". mitted for introduction and consideration by the House.
"Mr. Conner moved that this House determine that it shall
transact the Legislative business of the introduction and con- The memorial was read the first time in full and ordered
sideration of Senate Bill No. 31-XX. referred to the Committee on Resolutions.
"The motion was agreed to by the required Constitutional INTRODUCTION OF GUESTS
two-thirds vote, and Senate Bill No. 31-XX was admitted for Mr. Griffin of Polk introduced his wife, Mrs. B. H. Griffin,
introduction and consideration by the House. Jr., together with his three daughters, Sarah Jane, Lucy Anne
And Senate Bill No. 31-XX contained in the above message, and Francie, and his son, Ben Hill Griffin, III.
was read the first time by title and referred to the Committee Mr. Williams of Columbia introduced his daughter, Sylvia.
on Appropriations. REPORTS OF STANDING COMMITTEES
Tallahassee, Florida
July 27, 1956 July 27, 1956
Honorable Ted David Mr. Smith of Indian River, Vice Chairman of the Commit-
Speaker of the House of Representatives. tee on Finance & Taxation, reports that the Committee has
carefully considered the following bill and recommends that
Sir: it pass:
I am directed by the Senate to inform the House of Repre- S. B. No. 43-XX-A bill to be entitled An Act for the relief
sentatives that the Senate has admitted for introduction and of the Washington County Kennel Club, Inc., a Florida cor-
consideration by two-thirds vote and adopted- portion, and providing a tax credit to said kennel club to
By Senators Floyd, Rawls and Tapper- compensate the said Washington County Kennel Club for
taxes paid to the State of Florida which were in excess of
Senate Memorial No. 30-XX(56): the amount intended to be paid by the Florida Legislature;
A MEMORIAL TO THE CONGRESS OF THE UNITED providing an effective date.
STATES REQUESTING THAT THE LAKE FORMED BY
THE JIM WOODRUFF DAM AT THE INTERSECTION OF And Senate Bill No. 43-XX, contained in the above report,
THE CHATTAHOOCHEE, FLINT AND APALACHICOLA was placed on the Calendar of Bills for Second Reading.
RIVERS BE NAMED FOR SENATOR SPESSARD L. July 27, 1956
HOLLAND. Mr. Home of Leon, Chairman of the Committee on Con-
WHEREAS, that project of the United States Engineers stitutional Amendments, reports that the Committee has care-
known as the Three Rivers Development includes the Apa- fully considered the following bill and recommends that it
lachicola, Flint and Chattahoochee Rivers and their tribu- pass:












July 27, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 89

S. J. R. No. 34-XX-A Joint Resolution proposing to amend -and Senate Bill No. 50-XX, with amendments, was ordered
Article XVI of the Constitution, relating to location of county certified to the Senate.
offices, by adding a new section numbered 4A, providing for
jury trials of civil suits in certain municipalities within Pin- July 27, 1956
ellas County. Your Committee on Engrossing & Enrolling to which was
And Senate Joint Resolution No. 34-XX, contained in the referred-
above report, was placed on the Calendar of Bills for Second Senate Bill No. 45-XX.
Reading.
--with amendments, begs leave to report the same has been
July 27, 1956 carefully examined and correctly engrossed and is herewith
Mr. Sweeny of Volusia, Chairman of the Committee on returned.
Judiciary-Civil, reports that the Committee has carefully
considered the following bill and recommends that it pass: Very respectfully,
W. M. INMAN
S. B. No. 19-XX-A bill to be entitled An Act amending Chairman,
Section 135.01, Florida Statutes, relating to erection or repair Committee on Engrossing & Enrolling.
of court houses, jails and other county buildings; providing an
increase in the limiting tax period; providing effective date. -and Senate Bill No. 45-XX, with amendments, was ordered
certified to the Senate.
And Senate Bill No. 19-XX, contained in the above report,
was placed on the Calendar of Bills for Second Reading. July 27, 1956
Mr. Sweeny of Volusia, Chairman of the Committee on Your Committee on Engrossing & Enrolling to which was
Judiciary-Civil, reports that the Committee has carefully con- referred-
sidered the following bill and recommends that it pass:
H. B. No. 49-XX-A bill to be entitled An Act to amend House Bill No. 57-XX.
Section 7 of Chapter 29966, Acts 1955, being Section 282.06
Florida Statutes, relating to supplemental salaries of Circut -with amendments, begs leave to report the amendments have
Judges of the State, by increasing salaries of judges; making been incorporated in the bill, and the same has been carefully
this act retroactive; providing an effective date. examined and correctly engrossed and is herewith returned.
-and House Bill No. 49-XX, contained in the above report, Very respectfully,
was then referred to the Committee on Appropriations. W. M. INMAN
Chairman,
July 27, 1956 Committee on Engrossing & Enrolling.
Your Committee on Engrossing & Enrolling to which was -and House Bill No. 57-XX was ordered certified to the
referred- Senate.
House Bill No. 32-XX. July 27, 1956
-with amendments, begs leave to report the amendments have Your Committee on Engrossing & Enrolling to which was
been incorporated in the bill and the same has been carefully referred-
examined and correctly engrossed and is herewith returned.
Very respectfully, House Bill No. 21-XX
W. M. INMAN
Chairman, -with amendment, begs leave to report the amendment
Committee on Engrossing & Enrolling. has been incorporated in the bill and the same has been
carefully examined and correctly engrossed and is herewith
-and House Bill No. 32-XX was ordered certified to the Sen- returned.
ate.
ate Very respectfully,
July 27, 1956 W. M. INMAN
Chairman,
Your Committee on Engrossing & Enrolling to which was Committee on Engrossing & Enrolling.
referred-
-and House Bill No. 21-XX was ordered certified to the
Senate Bill No. 50-XX. Senate.
-with amendments, begs leave to report the same has been
carefully examined and correctly engrossed and is herewith Mr. Surles moved that the House now adjourn to recon-
returned, vene at 1:00 p. m., Monday, July 30, 1956.
Very respectfully, The motion was agreed to.
W. M. INMAN
Chairman, Thereupon, at the hour of 2:50 p. m., the House stood
Committee on Engrossing & Enrolling. adjourned until 1:00 p. m. Monday, July 30, 1956.














JOURNAL OF THE HOUSE OF REPRESENTATIVES


EXTRAORDINARY SESSION


Monday, July 30, 1956


The House was called to order by the Speaker at 1:00 P. M. County, on a point of personal privilege affecting the welfare
of the House of Representatives.
The roll was taken and the following Members were recorded
present: My Colleagues of the House:
Mr. Speaker Cook Lancaster Rowell Had this request for your indulgence now been prompted by
Alexander Costin Land Shaffer a passion for revenge or glory, it would have been submitted
Andrews Crews Mahon Sheppard last Thursday. I have waited, hopefully, for one of you, far
Arrington Cross Maness Smith, S. C. more qualified than myself, to speak out in this forum in de-
Bartholomew Frederick Marshburn Smith,S.N.,Jr. fense of this House and the people of Florida.
Beasley Gleaton Merritt Stewart, C. D. Because I sincerely feel that the oration delivered by Mr.
Beck Griffin,B.H.Jr. Mitchell Stewart, E. L. Orr of Dade before this assembly on Thursday, the 26th day
Belser Griffin, J. J. Musselman Surles of July, 1956, and recorded in its Journal of this Extraordinary
Blank Grimes Okell Sweeny Session on page 46, had as its underlying purpose the tainting
Bodiford Hathaway Orr Tillett of the legislation passed by this House known as the Fabisinski
Boyd Herrell Papy Turlington bills, and, through his uncontradicted words, the fulfillment
Brewer Hopkins Patton Usina of his prediction there that "the Supreme Court will surely see
Bryant Home Peeples Varn through the Fabisinski Committee Bills and will strike them
Burton Johnson,C.R.Jr.Petersen Weinstein down," and further, because he there imputed a lack of good
Carmine Jones, D.C.Jr. Pittman Williams, B.D. faith, integrity and Americanism to the membership of this
Chaires Jones, E. B. Pratt Williams,G.W. House and through them to the majority of the people of our
Cleveland Jones, O. W. Revelle Williams,J.R.A. State, I feel constrained to reply for myself, and I believe that
Coleman King Roberts, E. S. Youngberg in doing so I express the intent of the majority of the Legisla-
Conner Knight Roberts, H. W. Zelmenovitz tive Committee that considered this legislation, the Fabisinski
Committee, and this House as a whole.
Excused: Messrs. Johnson of Hillsborough, Duncan, Livings-
ton, McAlpin and Cobb. Mr. Orr attempts to brand these bills by explaining his vote
on the "several segregation bills" and to label our conduct as
A quorum present. exemplifying hypocrisy, deceit and disrespect of our laws. He
The following prayer was offered by the Reverend Oliver has a right, of course, to do this, but I suggest that he leave
The following prayer was oered by the Reverend Oliver to the framers of legislation the establishment of its purpose,
Carmichael, Chaplain: and to the substance of a bill, the ultimate determination of
Keep this moment of prayer, O Lord, from being merely a its merit and function.
gesture to custom or convention, and make it a real experience It is ironical that our faith in Constitutional Government is
for each one of us in this place, as we call upon Thee for challenged at a time when our labors here have been to con-
guidance and for help. fine the sphere of our activities to a field expressedly reserved
We have felt Thee near and beside us in the exalted ex- unto the several States-the exercise of the Police Power.
perience of worship in church; make us now to feel Thy This avowed purpose is clearly stated by the learned Fabisinski
nearness in the business of the day. Remind us that Thou Committee, to which the gentleman from Dade refers, on page
art the Unseen Delegate in this legislative hall. Vote through 2 of its report of July 16th, 1956.
these men, we pray Thee, O Christ, that what they say If he interprets "defiance of the law" to mean a rejection
and what they do may be in accordance with Thy will for this of the principle that the fundamental law of our land may be
state that we love so much. amended by the act of a majority of the nine men comprising
Thou hast said: "When ou stand praying, forgive, if you the Supreme Court of the United States, rather than the
have something against anyone." Give us the grace to lay orderly processes prescribed therein, then let him clearly set
aside all bitterness or resentment we may be nursing in our f a limae ac
hearts, lest their acid eat into our peace and corrode our During the brief span of two years the Supreme Court of the
spirits. United States has:
From this holy interlude may there flow light and joy and (1) Invalidated a New York City Charter provision estab-
power that will remain with each of us until night shall lishing a method of summary dismissal of public em-
bring Thy whispered benediction, "Well done, good and faith- ployees in a case sounded upon an exercise of the char-
ful servant." ter as against an employee who refused to answer
Through Jesus Christ our Lord. Amen. questions relative to his Communistic activities.
(2) Reversed itself in a case of an acknowledged Commu-
Messrs. Inman, Gibbons, Pruitt, Ballinger, Shipp, Moody, nist who had been convicted in Pennsylvania of vio-
Jernigan, Chappell, Westberry, and Dukes asked to be recorded lating the State sedition laws NOT by determining his
present. guilt or innocence, but by saying, in effect, "that the
CORRECTION OF THE JOURNAL States cannot enforce their criminal sedition statutes
The Journal for Friday, July 27, was ordered corrected as because the Congress has provided punishment therefore.
follThe Journal for Fridws:ay July ow27,s: was ordered corrected as The Supreme Court ruled thusly IN SPITE OF the clear
allows: statement by Congress that the Federal Sedition Law
On page 72, column 1, insert the name "Papy" between the did not mpair the jurisdiction of State Courts.
name "Orr" on line 15, counting from the top of the page, (3) Presumed, in a criminal case in a State Court relating
and the'name "Patton" on line 16, also counting from the to possession of marihuana, to rule that process by the
top of the page. State court directed to obtain facts known by a Federal
officer could be negated by United States Courts.
The Journal for Friday, July 27, as corrected, was approved.
(4) Sidetracked the right to work provisions of the Consti-
Remarks of Mallory E. Home, Representative of Leon tution of the State of Nebraska.

90












July 30, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 91

(5) Denied to the sovereign States the power to regulate sand (250,000) population according to the last preceding
public education in a manner previously affirmed and Federal census and which largest county constitutes more
reaffirmed by that Court and in practice by the States than seventy percent (70%) of the total population of the
for more than a hundred years. In perfecting this judicial circuit; making the same a county purpose and pro-
usurpation of power, the Court arbitrarily repudiated viding that such payments be made from the general revenue
the declaration of the meaning of the Fourteenth fund of such county having such population; and providing
Amendment to the Constitution and the intention of an effective date.
those who drafted and adopted it as stated by the
Justices of the Supreme Court at a time when all of Mr. Surles moved that the House now reconsider the vote
its members were contemporaries of those who drafted by which House Bill No. 84-XX was not admitted for intro-
and adopted that constitutional amendment. The pres- duction and consideration by the House on July 27.
ent court rejected the conclusions of Justice Taft, The motion was agreed to, and the vote was reconsidered.
Justice Holmes and others, who have never been
charged with taking their oath or obligation lightly, in The question recurred on the motion by Mr. Surles that
favor of the unsworn writings of men, one of whom has this House determine that it shall transact the Legislative
stated that the Constitution of the United States is business of the introduction and consideration of House
"impractical and unsuited to modern conditions." Bill No. 84-XX.
This pattern of judicial usurpation of powers reserved to the The motion was agreed to by the required Constitutional
States is so shockingly akin to claiming to the Court the right two-thirds vote, and House Bill No. 84-XX was admitted for
of legislative determination that it differs only in procedure. introduction and consideration by the House.
This pattern, examples of which I have cited here, forms the
platform upon which we base the laws you question. For that The bill was read the first time by title.
reason, we deny to you, Mr. Orr, the right, in expressing your
own philosophy, to narrow our thoughts and thereby thwart Mr. Surles was given unanimous consent to now consider
the farreaching and well-founded deliberations of this legis- House Bill No. 84-XX.
lative body. Mr. Surles moved that the rules be waived and House Bill
Are we traitors for standing for the sovereignty of our No. 84-XX be read a second time by title.
people? Are we bigots because we enact laws in the chambers
of our Constitutional Legislature, dedicated to the maintenance The motion was agreed to by a two-thirds vote and
of peace among our citizens, and adopt a resolution directing House Bill No. 84-XX was read a second time by title.
the attention of the American citizenry to acts of the Federal Mr. Surles moved that the rules be further waived and
Judiciary in willfully asserting a meaning of the Constitution House Bill No. 84-XX be read a third time in full and placed
unsupported by it which, if condoned by the people, may well upon its passage.
destroy the American system of Government?
The motion was agreed to by a two-thirds vote and
The unanimity with which this Legislature adopted the The Bmotin 84wa- was reed by a twthird tm in fu and
Fabisinski bills causes me to direct to the attention of the gen-
tleman from Dade the purpose ascribed to those proposals by When the vote was taken on the passage of the bill the
that Committee. On page one of its report, the Committee says: result was:
"After careful consideration and deliberation this Committee Yeas:
has determined that its purposes and obligations are:
Mr. Speaker Costin Lancaster Roberts, H. W.
"To endeavor to determine the best interests, from an Alexander Crews Land Rowell
educational standpoint, of all of the children of our State, Andrews Cross Mahon Shaffer
to further such interests in every manner and to do all Arrington Dukes Maness Sheppard
that is possible to achieve and maintain the highest pos- Ballinger Frederick Marshburn Smith, S.C.
sible intellectual, moral and cultural standards of our Bartholomew Gibbons Merritt Smith,S.N.,Jr.
school system. Beasley Gleaton Mitchell Stewart, C. D.
"To eliminate or to mitigate as much as possible any Beck Griffin,B.H.Jr. Moody Stewart, E. L.
hostile feeling which might arise between any class or Belser Griffin, J. J. Musselman Surles
group of our citizens. Blank Grimes Okell Sweeny
Boyd Hathaway Orr Tillett
"To comply at all times and under all conditions with the Brewer Herrell Page Turlington
provisions of the Constitution of the United States of Bryant Hopkins Papy Usina
America and the Constitution of the State of Florida." Burton Horne Patton Varn
Carmine Inman Peeples Weinstein
Our action, it seems, would bespeak that purpose more ade- Chaires Jernigan Petersen Westberry
quately than words and stand as a monument to this House Chappell JohnsonC.R.Jr. Pittman Wliams, B.D.
and the People of our State. Cleveland Jones, D.C.Jr. Pratt Williams,G.W.
In taking issue with everything you have said, but not your Coleman Jones, O. W. Pruitt Williams,J.R.A
right to say it, I submit that you have selected a lable and Conner King Revelle Youngberg
ignored a principle-a cherished principle, Mr. Orr, for which Cook Knight Roberts, E. S. Zelmenovitz
this House does loudly speak. Yeas-84.
Mr. Beasley moved that the remarks just delivered by Mr.
Home be spread upon the pages of the Journal. Nays-None.
The motion was agreed to, and it was so ordered. So the bill passed, title as stated, and was ordered certified
to the Senate.
Mr. Page asked to be recorded present.
By Messers. Surles, Tillett and Griffin of Polk-
INTRODUCTION AND REFERENCE OF HOUSE BILLS,
JOINT RESOLUTIONS, HOUSE RESOLUTIONS, H. B. N. 86-XX-A bill to be entitled An Act relating to
CONCURRENT RESOLUTIONS AND MEMORIALS salaries of the judges of the criminal courts of record in all
counties having a population of not less than two hundred
By Messrs. Surles and Tillett of Polk, Livingston of High- sixty thousand (260,000) and in counties having a population
lands, Williams of Hardee- of not less than one hundred twenty thousand (120,000), nor
more than one hundred fifty thousand (150,000) according to
H. B. No. 84-XX-A bill to be entitled An Act providing for the last official census, by amending paragraph (a) of Sub-
further and additional salary to be paid by any county to section (1) of Section 32.07, Florida Statutes, by eliminating
the circuit judges of any judicial circuit of the State of any limitations relative to the practice of law by said judges;
Florida embracing three (3) counties with a population of providing effective date.
said circuit being not less than one hundred forty thousand
(140,000) population, nor more than two hundred fifty thou- The Speaker ruled that the introduction and consideration












92 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 30, 1956

of House Bill No. 86-XX would constitute Legislative business Mr. Surles moved that this House determine that it shall
other than that for which the Legislature was especially con- transact the Legislative business of the introduction and con-
vened. sideration of House Bill No. 87-XX.
Mr. Surles moved that this House determine that it shall The motion was agreed to by the required Constitutional
transact the Legislative business of the introduction and con- two-thirds vote, and House Bill No. 87-XX was admitted
sideration of House Bill No. 86-XX. for introduction and consideration by the House.
The motion was agreed to by the required Constitutional The bill was read the first time by title.
two-thirds vote, and House Bill No. 86-XX was admitted for Mr. Surles was given unanimous consent to now consider
introduction and consideration by the House. House Bill No. 87-XX.
Proof of Publication of notice attached to House Bill No. Mr. Surles moved that the rules be waived and House
86-XX. Bill No. 87-XX be read a second time by title.
The House of Representatives thereupon determined that The motion was agreed to by a two-thirds vote and House
the notice and evidence thereof required by Section 21 of Bill No. 87-XX was read a second time by title.
Article III of the Constitution, has been established in this
Legislature. Mr. Surles moved that the rules be further waived and House
Bill No. 87-XX be read a third time in full and placed upon its
The bill was read the first time by title. passage.
Mr. Surles was given unanimous consent to now consider The motion was agreed to by a two-thirds vote and House
House Bill No. 86-XX. Bill No. 87-XX was read a third time in full.
Mr. Surles moved that the rules be waived and House Bill When the vote was taken on the passage of the bill the
No. 86-XX be read a second time by title. result was:
The motion was agreed to by a two-thirds vote and House Yeas:
Bill No. 86-XX was read a second time by title.
Mr. Speaker Costin Lancaster Roberts, H. W.
Mr. Surles moved that the rules be further waived and House Alexander Crews Land Rowell
Bill No. 86-XX be read a third time in full and placed upon Andrews Cross Mahon Shaffer
its passage. Arrington Dukes Maness Sheppard
The motion was agreed to by a two-thirds vote and House Ballinger Frederick Ma: %burn Smith, S. C.
Bill No. 86-XX was read a third time in full. Bartholomew Gibbons Mernitt Smith,S.N.,Jr.
Beasley Gleaton Mitchell Stewart, C. D.
When the vote was taken on the passage of the bill the Beck Griffin,B.H.Jr. Moody Stewart, E. L.
result was: Belser Griffin, J. J. Musselman Surles
Blank Grimes Okell Sweeny
Yeas: Boyd Hathaway Orr Tillett
Mr. Speaker Costin Lancaster Roberts, H. W. Brewer Herrell Page Turlington
Alexander Crews Land Rowell Bryant Hopkins Papy Usina
Andrews Cross Mahon Shaffer Burton Homrne Patton Varn
Arrington Dukes Maness Sheppard Carmine Inman Peeples Weinstein
Ballinger Frederick Marshburn Smith, S. C. Chaires Jernigan Petersen Westberry
Bartholomew Gibbons Merritt Smith,S.N.,Jr. Chappell Johnson,C.R.Jr. Pittman Williams, B.D.
Beasley Gleaton Mitchell Stewart, C. D. Cleveland Jones, D.C.Jr. Pratt Williams,G.W.
Beck Griffin,B.H.Jr. Moody Stewart, E.L. Coleman Jones, O. W. Pruitt Williams,J.R.A.
Belser Griffin, J. J. Musselman Surles Conner King Revelle Youngberg
Blank Grimes Okell Sweeny Cook Knight Roberts, E. S. Zelmenovitz
Boyd Hathaway Orr Tillett Yeas-84.
Brewer Herrell Page Turlington
Bryant Hopkins Papy Usina o Nays-None.
Burton Horne Patton Varn
Carmine Inman Peeples Weinstein So the bill passed, title as stated, and was ordered im-
Chaires Jernigan Petersen Westberry mediately certified to the Senate.
Chappell Johnson,C.R.Jr. Pittman Williams, B.D. By Mr. Hopkins of Escambia-
Cleveland Jones, D.C.Jr. Pratt Williams,G.W.
Coleman Jones, O. W. Pruitt Williams,J.R.A H. B. No. 88-XX-A bill to be entitled An Act to amend
Conner King Revelle Youngberg Section 479.11, Florida Statutes, by repealing Subsection (2)
Cook Knight Roberts, E. S. Zelmenovitz thereof prohibiting outdoor advertising which involves motion
or rotation of any part of the structure or displays inter-
Yeas-84. mittent lights.
Nays-None. The Speaker ruled that the introduction and consideration
of House Bill No. 88-XX would constitute Legislative business
So the bill passed, title as stated, and was ordered im- other than that for which the Legislature was especially con-
mediately certified to the Senate. vened.
By Messrs. Surles, Tillett and Griffin of Polk- Mr. Hopkins moved that this House determine that it shall
transact the Legislative business of the introduction and con-
H. B. No. 87-XX-A bill to be entitled An Act relating sideration of House Bill No. 88-XX.
to jury commissions consisting of two (2) members in all
Counties in Florida having a population of not less than one The motion was agreed to by the required Constitutional
hundred twenty thousand (120,000) and not more than one two-thirds vote, and House Bill No. 88-XX was admitted for
hundred fifty thousand (150,000) according to the last official introduction and consideration by the House.
census; increasing the membership of said commissions to The bill was read the first time by title and referred to
five (5) members and providing for the appointment by the the Committee on Public Roads & Highways. -
Governor and terms of office of said members to said com-
missions; fixing an effective date. Mr. Hopkins moved that House Bill No. 88-XX be with-
drawn from the Committee on Public Roads & Highways and
The Speaker ruled that the introduction and considera- placed on the Calendar.
tion of House Bill No. 87-XX would constitute Legislative busi-
ness other than that for which the Legislature was especially The motion was agreed to by a two-thirds vote, and House
convened. Bill No. 88-XX was ordered withdrawn from the Committee












July 30, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 93

on Public Roads & Highways and placed on the Calendar. Dukes Jones, O. W. Papy Stewart, C. D.
Frederick King Patton Stewart, E. L.
Mr. Papy was given unanimous consent to make a motion Gibbons Knight Peeples Surles
that the rules be waived and he be allowed to submit for in- Gleaton Lancaster Petersen Sweeny
production a bill which did not meet the requirements as to Griffin,B.H.Jr. Land Pittman Tillett
spacing of type and which was not in the hands of the Chief Griffin, J. J. Mahon Pratt Turlington
Clerk one hour before convening. Grimes Maness Pruitt Usina
The motion was agreed to by a two-thirds vote, and it was Hate way Marshburn Ree E.S. Wenstein
so ordered. Hopkins Mitchell Roberts, H. W. Westberry
Mr. Andrews was given unanimous consent to make a motion Home Moody Rowell Williams, B.D.
that the rules be waived and he be allowed to submit for Inman Musselman Shaffer Williams,G.W.
introduction a bill which was not in the hands of the Jernigan Okell Sheppard Williams,J.RA
Chief Clerk one hour before the time of convening of the House. Johnson,C.R.Jr. Orr Smith, S. C. Youngberg
Jones, D.C.Jr. Page Smith,S.N.,Jr. Zelmenovitz
The motion was agreed to by a two-thirds vote, and it was
so ordered. Yeas-84.
Mr. Gibbons was given unanimous consent to make a motion Nays-None.
that the rules be waived and he be allowed to submit for So the bill passed, title as stated, and was ordered imme-
introduction a bill which was not in the hands of the Chief te title stated, and was ordered imme-
Clerk one hour before the time of convening of the House. lately certified to the senate.
The motion was agreed to by a two-thirds vote, and it By Mr. Bodiford of Bay-
was so ordered. H. B. No. 90-XX-A bill to be entitled An Act to amend
Mr. Herrell was given unanimous consent to make a motion Section 1 of Chapter 28353, Acts 1953, fixing the compensa-
that the rules be waived and he be allowed to submit for tion of county officers who are paid by fees or commissions
introduction a bill which was not in the hands of the Chief in all counties of the state having a population of not less than
Clerk one hour before the time of convening of the House. forty thousand (40,000) and not more than forty eight thou-
sand (48,000) inhabitants by the latest official census, by pro-
The motion was agreed to by a two-thirds vote, and it viding that said population shall be computed by the latest
was so ordered. regular official federal census; and providing an effective date.
By Mrs. Patton of Franklin- The Speaker ruled that the introduction and consideration
of House Bill No. 90-XX would constitute Legislative business
H. B. No. 89-XX-A bill to be entitled An Act creating a other than that for which the Legislature was especially con-
Small Claims Court in every county in the State of Florida vened.
having a population of not less than five thousand seven hun-
dred and fifty (5,750) and not more than five thousand nine Mr. Bodiford moved that this House determine that it shall
hundred (5,900) according to the last preceding decennial fed- transact the Legislative business of the introduction and con-
eral census; providing for the appointment, duties, compensa- sideration of House Bill No. 90-XX.
tion, qualifications, substitution and tenure of office of the
judge of such Small Claims Court; prescribing the jurisdiction, The motion was agreed to by the required Constitutional
the pleading, practice and service of process therein; providing two-thirds vote, and House Bill No. 90-XX was admitted
for a clerk and prescribing his remuneration and providing for introduction and consideration by the House.
the effective date.
The bill was read the first time by title.
The Speaker ruled that the introduction and consideration
of House Bill No. 89-XX would constitute Legislative business Mr. Bodiford was given unanimous consent to now consider
other than that for which the Legislature was especially con- House Bill No. 90-XX.
vened. Mr. Bodiford moved that the rules be waived and House
Mrs. Patton moved that this House determine that it shall Bill No. 90-XX be read a second time by title.
transact the Legislative business of the introduction and con- T m w a t b
sideration of House Bill No. 89-XX. The motion was agreed to by a two-thirds vote and
House Bill No. 90-XX was read a second time by title.
The motion was agreed to by the required Constitutional two-
thirds vote, and House Bill No. 89-XX was admitted for intro- Mr. Bodiford moved that the rules be further waived and
duction and consideration by the House. House Bill No. 90-XX be read a third time in full and placed
upon its passage.
The bill was read the first time by title.
The motion was agreed to by a two-thirds vote and
Mrs. Patton was given unanimous consent to now consider House Bill No. 90-XX was read a third time in full.
House Bill No. 89-XX.
When the vote was taken on the passage of the bill the
Mrs. Patton moved that the rules be waived and House Bill result was:
No. 89-XX be read a second time by title.
The motion was agreed to by a two-thirds vote and House Yeas:
Bill No. 89-XX was read a second time by title. Mr. Speaker Coleman Jernigan Papy
Mrs. Patton moved that the rules be further waived and Alexander Conner Johnson,C.R.Jr. Patton
House Bill No. 89-XX be read a third time in full and placed Andrews Cook Jones, D.C.Jr. Peeples
upon its passage. Arrington Costin Jones, O. W. Petersen
Ballinger Crews King Pittman
The motion was agreed to by a two-thirds vote and House Bartholomew Cross Knight Pratt
Bill No. 89-XX was read a third time in full. Beasley Dukes Lancaster Pruitt
Beck Frederick Land Revelle
When the vote was taken on the passage of the bill the re- Belser Gibbons Mahon Roberts, E. S.
suit was: Blank Gleaton Maness Roberts, H. W.
Yeas: Boyd Griffin,B.H.Jr. Marshburn Rowell
Brewer Griffin, J. J. Merritt Shaffer
Mr. Speaker Beasley Bryant Coleman Bryant Grimes Mitchell Sheppard
Alexander Beck Burton Conner Burton Hathaway Moody Smith, S. C.
Andrews Belser Carmine Cook Carmine Herrell Musselman SmithS.N.,Jr.
Arrington Blank Chaires Costin Chaires Hopkins Okell Stewart, C. D.
Ballinger Boyd Chappell Crews Chappell Hore Orr Stewart, E. L.
Bartholomew Brewer Cleveland Cross Cleveland Inman Page Surles












94 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 30, 1956

Sweeny Usina Westberry Williams,J.R.A municipal clerk of the city of Fort Pierce; amending Section
Tillett Varn Williams, B.D. Youngberg 27 of Chapter 24528, Acts 1947, the charter of the city of Fort
Turlington Weinstein Williams,G.W. Zelmenovitz Pierce; providing for the election of the municipal clerk, his
term, qualifications and compensation; providing for referen-
Yeas-84. dum and election of the first clerk hereunder.
Nays-None. The Speaker ruled that the introduction and consideration of
House Bill No. 92-XX would constitute Legislative business
So the bill passed, title as stated, and was ordered imme- other than that for which the Legislature was especially con-
diately certified to the Senate. vened.
By Mr. Brewer of Brevard- Mr. King moved that this House determine that it shall
H. B. No. 91-XX-A bill to be entitled An Act relating to transact the Legislative business of the introduction and con-
the City of Titusville; amending Chapter 6108, Laws of Flor- sideration of House Bill No. 92-XX.
ida, 1909, being the charter of said city, by adding to Section The motion was agreed to by the required Constitutional
2 of said charter and chapter a new sub-paragraph desig- two-thirds vote, and House Bill No. 92-XX was admitted for
nated 2A; providing enabling legislation for the future an- introduction and consideration by the House.
nexation of contiguous territory in one of the following two
(2) methods: 1. By referendum election, or 2. By petition The bill was read the first time by title.
and consent of all landowners in the area sought to be an- Mr. King was given unanimous consent to now consider
nexed; and providing for a referendum. House Bill No. 92-XX.
The Speaker ruled that the introduction and consideration Mr. King moved that the rules be waived and House Bill
of House Bill No. 91-XX would constitute Legislative business No. 92-XX be read a second time by title.
other than that for which the Legislature was especially con-
vened. The motion was agreed to by a two-thirds vote and House
Mr. Brewer moved that this House determine that it shall Bill No. 92-XX was read a second time by title.
transact the Legislative business of the introduction and con- Mr. King moved that the rules be further waived and House
sideration of House Bill No. 91-XX. Bill No. 92-XX be read a third time in full and placed upon
its passage.
The motion was agreed to by the required Constitutional s p
two-thirds vote, and House Bill No. 91-XX was admitted for The motion was agreed to by a two-thirds vote and House
introduction and consideration by the House. Bill No .92-XX was read a third time in full.
The bill was read the first time by title. When the vote was taken on the passage of the bill the
Mr. Brewer was given unanimous consent to now consider result was:
House Bill No. 91-XX. Yeas:
Mr. Brewer moved that the rules be waived and House Bill Mr. Speaker Costin Lancaster Roberts, H. W.
No. 91-XX be read a second time by title. Alexander Crews Land Rowell
The motion was agreed to by a two-thirds vote and House Andrews Cross Mahon Shaffer
Bill No. 91-XX was read a second time by title. Arrington Dukes Maness Sheppard
Ballinger Frederick Marshburn Smith, S. C.
Mr. Brewer moved that the rules be further waived and Bartholomew Gibbons Merritt Smith,S.N.,Jr.
House Bill No. 91-XX be read a third time in full and placed Beasley Gleaton Mitchell Stewart, C. D.
upon its passage. Beck Griffin,B.H.Jr. Moody Stewart, E. L.
The motion was agreed to by a two-thirds vote and House Belser Griffin, J. J. Musselman Surles
Bill No. 91-XX was read a third time in full. Blank Grimes Okell Sweeny
Boyd Hathaway Orr Tillett
When the vote was taken on the passage of the bill the re- Brewer Herrell Page Turlington
suit was: Bryant Hopkins Papy Usina
Burton Hore Patton Varn
Yeas: Carmine Inman Peeples Weinstein
Mr. Speaker Costin Lancaster Roberts, H. W. Chaires Jernigan Petersen Westberry
Alexander Crews Land Rowell Chappell Johnson,C.R.Jr. Pittman Williams, B.D.
Andrews Cross Mahon Shaffer Cleveland Jones, D.C.Jr. Pratt Williams,G.W.
Arrington Dukes Maness Sheppard Coleman Jones, W. Pruitt Williams,J.R.A
Ballinger Frederick Marshburn Smith, S. C. Conner King Revelle Youngberg
Bartholomew Gibbons Merritt Smith,S.N.,Jr. Cook Knight Roberts, E. S. Zelmenovitz
Beasley Gleaton Mitchell Stewart, C. D. Yeas-84.
Beck Griffin,B.H.Jr. Moody Stewart, E. L.
Belser Griffin, J. J. Musselman Surles Nays-None.
Blank Grimes Okell Sweeny
Boyd Hathaway Orr Tillett So the bill passed, title as stated, and was ordered imme-
Brewer Herrell Page Turlington diately certified to the Senate.
Bryant Hopkins Papy Usina By Mr. King of St. Lucie-
Burton Horne Patton Varn
Carmine Inman Peeples Weinstein H. B. No. 93-XX-A bill to be entitled An Act relating to the
Chaires Jernigan Petersen Westberry Municipal Court of the City of Fort Pierce; amending Section
Chappell Johnson,C.R.Jr. Pittman Williams, B.D. 15 of Chapter 24528, Acts 1947, the Charter of the City of
Cleveland Jones, D.C.Jr. Pratt Williams,G.W. Fort Pierce; providing for the election of the Municipal Judge,
Coleman Jones, O. W. Pruitt Williams,J.R.A his term, qualifications and compensation; providing for refer-
Conner King Revelle Youngberg endum and election of the first Judge hereunder.
Cook Knight Roberts, E. S. Zelmenovitz
The Speaker ruled that the introduction and consideration
Yeas-84. of House Bill No. 93-XX would constitute Legislative business
other than that for which the Legislature was especially con-
Nays-None. vened.
So the bill passed, title as stated, and was ordered imme-
diately certified to the Senate. Mr. King moved that this House determine that it shall
transact the Legislative business of the introduction and con-
By Mr. King of St. Lucie- sideration of House Bill No. 93-XX.
H. B. No. 92-XX-A bill to be entitled An Act relating to the The motion was agreed to by the required Constitutional












July 30, 1956 JOURNAL OF THE HOUSE OF REPRESENTATIVES 95

two-thirds vote, and House Bill No. 93-XX was admitted for Bill No. 94-XX be read a third time in full and placed upon
introduction and consideration by the House. its passage.
The bill was read the first time by title. The motion was agreed to by a two-thirds vote and House
Bill No. 94-XX was read a third time in full.
Mr. King was given unanimous consent to now consider
House Bill No. 93-XX. When the vote was taken on the passage of the bill the
result was:
Mr. King moved that the rules be waived and House Bill
No. 93-XX be read a second time by title. Yeas:
The motion was agreed to by a two-thirds vote and House Mr. Speaker Costin Lancaster Roberts, H. W.
Bill No. 93-XX was read a second time by title. Alexander Crews Land Rowell
Andrews Cross Mahon Shaffer
Mr. King moved that the rules be further waived and House Arrington Dukes Maness Sheppard
Bill No. 93-XX be read a third time in full and placed upon its Ballinger Frederick Marshburn Smith, S. C.
passage. Bartholomew Gibbons Merritt Smith,S.N.,Jr.
The motion was agreed to by a two-thirds vote and House Beasley Gleaton Mitchell Stewart, C. D.
Bill No. 93-XX was read a third time in full. Beck Griffin,B.H.Jr. Moody Stewart, E. L.
Belser Griffin, J. J. Musselman Surles
When the vote was taken on the passage of the bill the Blank Grimes Okell Sweeny
result was: Boyd Hathaway Orr Tillett
Brewer Herrell Page Turlington
Bryant Hopkins Papy Usina
Yeas: Burton Home Patton Varn
Mr. Speaker Costin Lancaster Roberts, H. W. Carmine Inman Peeples Weinstein
Alexander Crews Land Rowell Chaires Jernigan Petersen Westberry
Andrews Cross Mahon Shaffer Chappell Johnson,C.R.Jr.Pittman Williams, B.D.
Arrington Dukes Maness Sheppard Cleveland Jones, D.C.Jr. Pratt Williams,G.W.
Ballinger Frederick Marshburn Smith, S. C. Coleman Jones, O. W. Pruitt Williams,J.R.A.
Bartholomew Gibbons Merritt Smith,S.N.,Jr. Conner King Revelle Youngberg
Beasley Gleaton Mitchell Stewart, C. D. Cook Knight Roberts, E. S. Zelmenovitz
Beck Griffin,B.H.Jr. Moody Stewart, E. L. Yeas-84.
Belser Griffin, J. J. Musselman Surles
Blank Grimes Okell Sweeny Nays-None.
Boyd Hathaway Orr Tillett
Brewer Herrell Page Turlington So the bill passed, title as stated, and was ordered imme-
Bryant Hopkins Papy Usina diately certified to the Senate.
Burton Horne Patton Varn
Carmine Inman Peeples Weinstein By Mr. Carmine of Lee-
Chaires Jernigan Petersen Westberry H. B. No. 95-XX-A bill to be entitled An Act relating to
Chappell Johnson,C.R.Jr. Pittman Williams, B.D. compensation of Boards of County Commissioners; amending
Cleveland Jones, D.C.Jr. Pratt Williams,G.W. subparagraph 4. of paragraph (c) of subsection (1) of Section
Coleman Jones, O. W. Pruitt Williams,J.R.A 125.161, Florida Statutes, relating to such compensation in
Conner King Revelle Youngberg counties having a population of not less than twenty-three
Cook Knight Roberts, E. S. Zelmenovitz thousand (23,000), nor more than twenty-three thousand five
hundred (23,500) by the last preceding regular or special fed-
Yeas-84. eral census; providing an effective date.
Nays-None. The Speaker ruled that the introduction and consideration
So the bill passed, title as stated, and was ordered imme- of House Bill No. 95-XX would constitute Legislative business
diately certified to the Senate. other than that for which the Legislature was especially con-
Svened.
By Mr. King of St. Lucie- Mr. Carmine moved that this House determine that it shall
H. B. No. 94-XX-A bill to be entitled An Act relating to the transact the Legislative business of the introduction and con-
City of Fort Pierce; amending Section 23, Chapter 24528, Acts sideration of House Bill No. 95-XX.
1947, the charter of the City of Fort Pierce; providing for the
election of the chief of police, his term of office and compen- The motion was agreed to by the required Constitutional
station; providing for referendum and election of the first two-thirds vote, and House Bill No. 95-XX was admitted for
chief of police hereunder. introduction and consideration by the House.
The Speaker ruled that the introduction and consideration The bill was read the first time by title.
of House Bill No. 94-XX would constitute Legislative business Mr. Carmine was given unanimous consent to now consider
other than that for which the Legislature was especially con- House Bill No. 95-XX.
vened.
Mr. Carmine moved that the rules be waived and House Bill
Mr. King moved that this House determine that it shall No. 95-XX be read a second time by title.
transact the Legislative business of the introduction and con-
sideration of House Bill No. 94-XX. The motion was agreed to by a two-thirds vote and House
Bill No. 95-XX was read a second time by title.
The motion was agreed to by the required Constitutional
two-thirds vote, and House Bill No. 94-XX was admitted for Mr. Carmine moved that the rules be further waived and
introduction and consideration by the House. House Bill No. 95-XX be read a third time in full and placed
upon its passage.
The bill was read the first time by title.
The motion was agreed to by a two-thirds vote and House
Mr. King was given unanimous consent to now consider Bill No. 95-XX was read a third time in full.
House Bill No. 94-XX.
When the vote was taken on the passage of the bill the
Mr. King moved that the rules be waived and House Bill No. result was:
94-XX be read a second time by title.
Yeas:
The motion was agreed to by a two-thirds vote and House
Bill No. 94-XX was read a second time by title. Mr. Speaker Arrington Beasley Blank
Alexander Ballinger Beck Boyd
Mr. King moved that the rules be further waived and House Andrews Bartholomew Belser Brewer













96 JOURNAL OF THE HOUSE OF REPRESENTATIVES July 30, 1956

Bryant Grimes Mitchell Smith, S. C. distributed and received annually by Liberty County under the
Burton Hathaway Moody Smith,S.N.,Jr. provisions of Chapter 550, Florida Statutes, prior to its amend-
Carmine Herrell Musselman Stewart, C. D. ment of 1955, for that purpose; providing for a referendum.
Chaires Hopkins Okell Stewart, E. L.
Chappell Horne Orr Surles The Speaker ruled that the introduction and consideration
Cleveland Inman Page Sweeny of House Bill No. 97-XX would constitute Legislative busi-
Coleman Jernigan Papy Tillett ness other than that for which the Legislature was espe-
Conner Johnson,C.R.Jr.Patton Turlington cially convened.
Cook Jones, D.C.Jr. Peeples Usina Mr. Alexander moved that this House determine that it
Costin Jones, O. W. Petersen Varn shall transact the Legislative business of the introduction
Crews King Pittman Weinstein and consideration of House Bill No. 97-XX.
Cross Knight Pratt Westberry
Dukes Lancaster Pruitt Williams, B.D. The motion was agreed to by the required Constitutional
Frederick Land Revelle Williams,G.W. two-thirds vote, and House Bill No. 97-XX was admitted for
Gibbons Mahon Roberts, E. S. Williams,J.R.A introduction and consideration by the House.
Gleaton Maness Roberts, H. W. Youngberg
Griffin,B.H.Jr. Marshburn Rowell Zelmenovitz The bill was read the first time by title.
Griffin, J. J. Merritt Shaffer Mr. Alexander was given unanimous consent to now con-
Nays: sider House Bill No. 97-XX.
Shpard Mr. Alexander moved that the rules be waived and House
epp Bill No. 97-XX be read a second time by title.
Yeas-83. The motion was agreed to by a two-thirds vote and House
Nays-1. Bill No. 97-XX was read a second time by title.
So the bill passed, title as stated, and was ordered immedi- Mr. Alexander moved that the rules be further waived and
ately certified to the Senate. House Bill No. 97-XX be read a third time in full and placed
upon its passage.
Explanation of Vote
The motion was agreed to by a two-thirds vote and House
I did not contest but voted Nay on HB95-XX being a general Bill No. 97-XX was read a third time in full.
bill of local application raising the salary of County Com-
missioners in Lee County, Florida from two hundred fifty When the vote was taken on the passage of the bill the
dollars ($250.00) per month to three hundred thirty three result was:
dollars and thirty three cents ($333.33) per month which is a
raise of approximately one thousand dollars ($1,000.00) per Yeas:
year. There was no public discussion or publicity in Lee County, Mr. Speaker Costin Lancaster Roberts, H. W.
Florida concerning the enactment or emergency of such bill. Alexander Crews Land Rowell
WALTER O. SHEPPARD Andrews Cross Mahon Shaffer
Representative from Lee County Arrington Dukes Maness Sheppard
Ballinger Frederick Marshburn Smith, S. C.
By Mr. David of Broward- Bartholomew Gibbons Merritt Smith,S.N.,Jr.
H. R. No. 96-XX-A Resolution authorizing the appointment Beasley Gleaton Mitchell Stewart, C. D.
and expenses of five (5) members of the House of Represen- Beck Griffin,B.H.Jr. Moody Stewart, E. L.
tatives to attend the Legislative Service Conference August 28- Belser Griffin, J. J. Musselman Surles
September 1, as a Special Legislative Procedure Committee. Blank Grimes Okell Sweeny
Boyd Hathaway Orr Tillett
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES Brewer Herrell Page Turlington
OF THE STATE OF FLORIDA: Bryant Hopkins Papy Usina
Section 1. That the Speaker of the House of Representa- Burton Home Patton Varn
tives be authorized to appoint a legislative procedure commit- Carmine Inman Peeples Weinstein
tee of five (5) members to attend the forthcoming meeting of Chaires Jernigan Petersen Westberry
the Legislative Service Conference in Seattle, Washington, Chappell Johnson,C.R.Jr. Pittman Williams, B.D.
August 28-September 1, for the purpose of conferring with Cleveland Jones, D.C.Jr. Pratt Williams,G.W.
legislative delegates from all forty-eight (48) states who will Coleman Jones, O. W. Pruitt Williams,J.R.A.
be in attendance, and make a report to the next Speaker of Conner King Revelle Youngberg
the House in 1957 with reference to suggested improvements Cook Knight Roberts, E. S. Zelmenovitz
in Florida legislative procedure.
Section 2. That expenses as provided by law be paid the Yeas-84.
members of this committee from the House appropriation for Nays-None.
legislative expense.
So the bill passed, title as stated, and was ordered imme-
The Speaker ruled that the introduction and consideration diately certified to the Senate.
of House Resolution No. 96-XX would constitute Legislative
business other than that for which the Legislature was espe- By Messrs. Carmine and Sheppard of Lee and Youngberg
cially convened, and Bartholomew of Sarasota-
Mr. Conner moved that this House determine that it shall H. B. No. 98-XX-A bill to be entitled An Act for the
transact the Legislative business of the introduction and con- relief of Mr. and Mrs. H. V. Blaylock for damage to their
sideration of House Resolution No. 96-XX. house in Sarasota County caused by a Florida Forest Service
The motion was agreed to by the required Constitutional Tractor; and providing an effective date.
two-thirds vote, and House Resolution No. 96-XX was ad- The Speaker ruled that the introduction and consideration
mitted for introduction and consideration by the House The Speaker ruled that the introduction and consideration
emitted for introduction and consideration by the House. of House Bill No. 98-XX would constitute Legislative business
The resolution was read in full and referred to the Com- other than that for which the Legislature was especially
mittee on Resolutions. convened.
By Mr. Alexander of Liberty-
By Mr. Alexander of Liberty-- Mr. Carmine moved that this House determine that it shall
H. B. No. 97-XX-A bill to be entitled An Act authorizing transact the Legislative business of the introduction and
the Board of Public Instruction of Liberty County to construct consideration of House Bill No. 98-XX.
and equip a school building in the eastern part of Liberty
County and to consolidate the Hosford and Telogia schools The motion was agreed to by the required Constitutional
in such building; providing for the payment thereof by issu- two-thirds vote, and House Bill No. 98-XX was admitted for
ing interest bearing certificates and pledging certain funds introduction and consideration by the House.





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