Journal of the House of Representatives of the session of ..

Journal

of the

House of Representatives

State of Florida

Twenty-Eighth Regular Session
April 8th to June 7th, 1941

O *e *^* *4
0 '. 0 0. 0 0 0

MEMBERS OF THE HOUSE OF REPRESENTATIVES
Regular Session, 1941

Alachua-Joe C. Jenkins, Gainesville. Lee-Guy M. Strayhorn, Fort Myers.
Alachua--J. C. (Jap) Harris, LaCrosse. Leon-H. J. (Jack) Yaeger, Tallahassee.
Baker-J. D. Dugger, Macclenny. Leon-Rainey Cawthon, Tallahassee.
Bay-Joseph W. Bailey, Lynn Haven. Levy-Dewey D. Allen, Inglis.
Bay-Carl Gray, Millville. Liberty-R. L. Hosford, Hosford.
Bradford-George H. Inman, Starke. Madison-Van H. Priest, Madison.
Brevard-Noah B. Butt, Cocoa. Madison-G. Frank Andrews, Greenville.
Broward-John S. Burwell, Ft. Lauderdale. Manatee-H. E. Boyd, Terra Ceia.
Broward-George W. Leaird, Hollywood. Manatee-G. A. Lane, Bradenton.
Calhoun-C. L. Clark, Blounstown. Marion-John R. Rogers, Lynne.
Charlotte-Leo Wotitzky, Punta Gorda. Marion-Joel L. Potter, Ocala.
Citrus-J. A. Smith, Inverness. Martin-Evans Crary, Stuart.
Clay-Thomas J. Rivers, Green Cove Springs. Monroe-Bernie C. Papy, Key West.
Collier-J. L. Junkin, Everglades. Nassau-Thomas Shave, Jr., Fernandina.
Columbia-Clarence L. Clements, Lake City. Okaloosa-Newman Brackin, Crestview.
Dade-George E. Holt, Miami. Okeechobee-W. J. (Bill) Hendry, Okeechobee.
Dade-Marshall C. Wiseheart, Miami. Orange-James G. Horrell, Orlando.
Dade-H. E. Overstreet, Miami. Orange-L. C. Leedy, Orlando.
DeSoto-A. J. Dunham, Arcadia. Osceola-N. Ray Carroll, Deer Park.
Dixie-W. P. Chavous, Cross City. Palm Beach-Russell O. Morrow, Lake Worth.
Duval-Charles E. Bennett, Jacksonville. Palm Beach-Herbert D. Beck, Belle Glade.
Duval-Charles A. Luckie, Jacksonville. Pasco-John S. Burks, Dade City.
Duval-St. Elmo W. (Chic) Acosta, Jacksonville. Pinellas-S. Henry Harris, St. Petersburg.
Escambia-W. R. (Bill) Helie, Pensacola. Pinellas-Stanley C. Minshall, St. Petersburg.
E: cambia-Ralp)h McLane, Pensacola. Pinellas-Archie Clement, Tarpon Springs.
Flaglei-H. T. Cook, Bunnell. Polk-George W. Safford, Lakeland.
Franklin-Costa Vathis, Apalachicola. Polk-Wallace Shafer, Haines City.
Gadsden-Amos H. Davis, Mt. Pleasant. Polk-Perry Murray, Frostproof.
Gadsden-E. H. Slappey, Havana. Putnam-Thos. B. Dowda, Palatka.
Gilchrist-J. Min Ayers, Trenton. Putnam-W. S. Middleton, Pomona.
Glades-Joe H. Peeples, Moore Haven. St. Johns-J. H. (Jack) Turner St. Augustine.
Gulf-E. Clay Lewis Jr., Port St. Joe. St. Johns-John Versaggi, St. Augurtine.
Hamilton-F. B. Harrell, Jasper. St. Lucie-Dan McCarty, Ft. Pierce.
Hardee-H. H. Bryan, Bowling Green. Santa Rosa-Wm. A. Bonifay, Milton.
Hendry-Elbert L. Stewart, Clewiston. Sarasota-Wm. W. (Bill) Perry, Sarasota.
Hernando-D. Kent Williamp, Brooksville. Seminole-E. E. Brady, Sanford.
Highlands-C. E. Lanier, Avon Park. Semrnole-John G. Leonardy, Sanford.
Hillsborough-Henry Toland, Plant City. Sumter-J. C. Getzen, Bushnell.
Hillsborough-Raymond Sheldon, Tampa. Suwannee-J. P. Hatch, Live Oak.
Hillsborough-Harry McDonald, Tampa. Suwannee-M. A. Best, Branford.
Holmes-Emogene Commander, Westville. TaSloran H Scales Perr .
Indian River-J. Hubert Graves, Wabasso. Tayor-. H. Scales, Perry.
Jackson-John E. Lambe, Marianna. Union-A. L. Driggers, Jr., Lake Butler.
Jackson-W. R. Dixon, Marianna. Volusia-Alex D. Littlefield, Holly Hill.
Jefferson-Richard H. Simpson, Monticello. Volusia-J. U. Gillespie, New Smyrna.
Lafayette-W. G. Croft, Mayo. Wakulla-Paul Carswell, Crawfordville.
Lake-Lacy G. Thomas, Groveland. Walton-E. Bert Riddles, Darlington.
Lake-Harry P. Johnson, Tavares. Washington-Olin G. Shivers, Chipley.

OFFICERS AND ATTACHES OF THE HOUSE OF REPRESENTATIVES
Regular Session, 1941

Speaker-Dan McCarty, Ft. Pierce. Sergeant-at-Arms-Nathan Jones.
Speaker Pro Tempore-Raymond Sheldon, Tampa. Messenger-Tom Stewart, Jr.
Chief Clerk-Ben H. Fuqua. Doorkeeper-Ollie Joyner.
Asst. Chief Clerk-Jackson Mizell. Doorkeeper-Gus McClelland.
Reading Clerk-Herman Edwards. Chaplain-Henry Langford.
Asst. Reading Clerk-Maynard M. McLeod. Janitor-Jessie Wilson.
Bill Clerk-Mrs. W. R. Dorman. Pages-(eight)-Billie Clement, O'Neal Levy, Drane
Engrossing Clerk-Ed S. Winburn. Safford, JoAnne McRae, Vernon Peeples, Joe Jenkins,
Enrolling Clerk-Mrs. Annie Bond. Jr., Phyllis Reindel, Jack Turner, Jr.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

TUESDAY, APRIL 8, 1941

Beginning of the twenty-eighth Regular Session of the Legislature of Florida, under the Constitution of A. ).
1885 begun and held at the Capitol in the City of Tallahassee, the State of Florida, on Tuesday, April 8, 1941,
being the day fixed by the Constitution for the meeting of the Legislature.
The House was called to order at twelve (12:00) o'clock noon by Ben H. Fuqua, Chief Clerk of the House of
Representatives. The certified list of the Secretary of State of the members elected to the House of Representatives,
the Florida LegIslature for the session of 1941, was called as follows:

MEMBERS OF THE HOUSE OF REPRESENTATIVES Okaloosa-Newman Brackin, Crestview.
ELECTED AT THE GENERAL ELECTION ON THE FIFTH Okeechobee-W. J. (Bill) Hendry, Okeechobee.
DAY OF NOVEMBER A. D. 1940. Orange-James G. Horrell, Orlando.
MEMBERS OF THE 1941 HOUSE OF REPRESENTATIVES Orange-L. C. Leedy, Orlando.
Osceola--N. Ray Carroll, Deer Park.
Alachua-Joe C. Jenkins, Gainesville. Palm Beach-Russell O. Morrow, Lake Worth.
Alachua-J. C. (Jap) Harris, LaCrosse. Palm Beach-Herbert D. Beck, Belle Glade.
Baker-J. D. Dugger, Macclenny. Pasco-John S. Burks, Dade City.
Bay-Joseph W. Bailey, Lynn Haven. Pinellas-S. Henry Harris, St. Petersburg.
Bay-Carl Gray, Millville. Pinellas-Stanley C. Minshall, St. Petersburg.
Bradford-George H. Inman, Starke. Pinellas-Archie Clement, Tarpon Springs.
Brevard-Noah B. Butt, Cocoa. Polk-George W. Safford, Lakeland.
Broward-John S. Burwell, Ft. Lauderdale. Polk-Wallace Shafer, Haines City.
Broward-George W. Leaird, Hollywood. Put'nam-Thos. B. Dowda, Palatka.
Calhoun-C. L. Clark, Blountstown. Putnam-W. S. Middleton, Pomona.
Charlotte-Leo Wotitzky, Punta Gorda. St. Johns-J. H. (Jack) Turner, St. Augustine.
Citrus-J. A. Smith, Inverness. St. Johns-John Versaggi, St. Augustine.
Clay-Thomas J. Rivers, Green Cove Springs. St. Lucie-Dan McCarty, Ft. Pierce.
Collier-J. L. Junkin, Everglades. Santa Rosa-Wm. A. Bonifay, Milton.
Columbia-Clarence L. Clements, Lake City. Sarasota-Wm. W. (Bill) Perry, Sarasota.
Dade-George E. Holt, Miami. Seminole-E. E. Brady, Sanford.
Dade-Marshall C. Wiseheart, Miami. Seminole-John G. Leonardy, Sanford.
Dade-H. E. Overstreet, Miami.
DaDeSo-. E. DunOver MArcia. Sumter-J. C. Getzen, Bushnell.
DeSotoA. J. Dunham, Arcadia. Suwannee-J. P. Hatch, Live Oak.
Dixie-W. P. Chavous, Cross City. Suwannee-M. A. Best, Branford.
Duval-Charles E. Bennett, Jacksonville. Taylor-J. H. Scales, Perry.
Duval-Charles A. Luckie, Jacksonville. Union-A. L. Driggers, Jr., Lake Butler.
Duval-St. Elmo W. Chic) Acosta, Jacksonville. Volusia-Alex D. Littlefield, Holly Hill.
Escambia-W. R. (Bill) Helie, Pensacola. Volusia-J. U. Gillespie, New Smyrna.
Escambia-Ralph McLane, Pensacola. Wakulla-Paul Carswell, Crawfordville.
Flagler-H. T. Cook, Bunnell. Walton-E. Bert Riddles, Darlington.
Franklin-Costa Vathis, Apalachicola. Washington-Olin G. Shivers, Chipley.
Gadsden-Amos H. Davis, Mt. Pleasant.
Gadsden-E. H. Slappey, Havana. STATE OF FLORIDA, I
Gilchrist-J. Min Ayers, Trenton.ffice of Secretary of State
Glades-Joe H. Peeples, Moore Haven. I, R. A Gray Secretary of State of the State of Florida,
Gulf--E. Clay Lewis, Jr., Port St. Joe. I, R. A. Gray, Secretary of State of the State of Florida,
Hamilton-F. B. Harrell, Jasper. do hereby certify that the above and foregoing is a correct
Hardeen-. H. HBrrll, ling reen list of the Members of the House of Representatives of the
Hendry-Elbert L. Stewart, Clewiston. State of Florida, elected on the Fifth day of November A. D.
Hernando-D.e Kent Willias, Brooksville. 1940, as shown by the election returns on file in this office,
Highlands-D. Ken Lanier, Avon Park. with the exception of Ben F. Conner of Bartow, Polk County,
Hillsborough-Henry Toland, Plant City. who has died since said election.
Hillsborough-Raymond Sheldon, Tampa. I further certify that Perry E. Murray, of Frostproof, Polk
Hillsborough-Harry McDonald, Tampa. County, was on the 18th day of March A. D. 1941, duly elected
Holmes-Emogene Commander, Westville. as Representative from Polk County, succeeding Ben F. Conner,
Indian River-J. Hubert Graves, Wabasso. deceased.
Jackson-John E. Lambe, Marianna. Given under my hand and the Great Seal of the State
Jackson-W. R. Dixon, Marianna. of Florida, at Tallahassee, the Capital, this 8th day of
Jefferson-Richard H. Simpson, Monticello. April A. D. 1941.
Lafayette-W. G. C-oft, Mayo. (Seal) R. A. GRAY,
Lake-Lacy G. Thomas, Groveland. Secretary of State.
Lake-Harry P. Johnson, Tavares.
Lee--Guy M. Strayhorn, Fort Myers. The following members came forward and took the oath
Leon-H. J. (Jack) Yaeger, Tallahassee. of office prescribed by the Constitution of the State of Florida
Leon-Rainey Cawthon, Tallahassee. before Mr. Justice Thomas of the Supreme Court of the
Levy-Dewey D. Allen, Inglis. State of Florida:
Liberty-R. L. Hosford, Hosford. Alachua-Joe C. Jenkins, Gainesville.
Madison-Van H. Priest, Madison. Alachua-J. C. (Jap) Harris, LaCrosse.
Madison-G. Frank Andrews, Greenville. Baker-J. D. Dugger, Macclenny.
Manatee-H. E. Boyd, Terra Ceia. Bay-Carl Gray, Millville.
Manatee-G. A. Lane, Bradenton. Bay-Joseph W. Bailey, Lynn Haven.
Marion-John R. Rogers, Lynne. Bradford-George H. Inman, Starke.
Marion-Joel L. Potter, Ocala. Brevard-Noah B. Butt, Cocoa.
Martin-Evans Crary, Stuart. Broward-John S. Burwell, Ft. Lauderdale.
Monroe-Bernie C. Papy, Key West. Broward-George W. Leaird, Hollywood.
Nassau-Thomas Shave, Jr., Fernandina. Calhoun-C. L. Clark, Blountstown,

2 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 8, 1941

Charlotte-Leo Wotitzky, Punta Gorda. Mr. Joe C. Jenkins of Alachua moved that the House pro-
Citrus-J. A. Smith, Inverness. ceed to the election of a Temporary Chairman.
Clay-Thomas J. Rivers, Green Cove Springs. Which was agreed to.
Collier-J. L. Junkin, Everglades. Mr. Joe C. Jenkins of Alachua nominated Mr. George E.
Columbia-Clarence L. Clements, Lake City. Holt of Dade as Temporary Chairman.
DadeGeorge E. Hoslt, Miami. Mr. Guy M. Strayhorn of Lee moved that the nominations
Dade-Marshall C. Wiseheart, Miami. be closed and that the Chair cast a unanimous ballot for
Dadeto-. J. Overstreet, aiam. Mr. George E. Holt of Dade as Temporary Chairman.
DeSoto-A. J. Dunham, Arcadia.
Dixie-W. P. Chavous, Cross City. Which was agreed to.
Duval-Charles E. Bennett, Jacksonville. The nominations were declared closed and Mr. George E.
Duval-Charles A. Luckie, Jacksonville. Holt was elected Temporary Chairman by a unanimous vote.
Duval-St. Elmo W. (Chic) Acosta, Jacksonville. Mr. Joe C. Jenkins of Alachua moved that a committee
Escambia-W. R. (Bill) Helie, Pensacola. of three be appointed to escort the Temporary Chairman to
Escambia-Ralph McLane, Pensacola. the rostrum.
Flagler-H. T. Cook, Bunnell. Which was agreed to.
Franklin-Costa Vathis, Apalachicola. Thereupon the Chair appointed Messrs. Wiseheart of Dade,
Gadsden-Amos H. Davis, Mt. Pleasant. Overstreet of Dade, and Leaird of Broward to escort the
Gadsde-n-E. H. Slappey, Havana. Temporary Chairman to the Chair.
Gilchrist-J. Min Ayers, Trenton.
Glades-Joe H. Peeples, Moore Haven. Mr. Holt of Dade, the Temporary Chairman, took charge
Gulf-E. Clay Lewis, Jr., Port St. Joe. and announced that the House would proceed to effect a
Hamilton-F. B. Harrell, Jasper. permanent organization.
Hardee-H. H. Bryan, Bowling Green. The Temporary Chairman announced that he would re-
Hendry-Elbert L. Stewart, Clewiston. ceive nominations for Speaker of the House of Representatives.
Hernando-D. Kent Williams, Brooksville. Mr. Richard R. Simpson of Jefferson nominated Mr. Dan
Highlandsbo C. Lanier, avon Park. McCarty of St. Lucie for Speaker of the House of Representa-
Hillsborough-Henry Toland, Plant City. rives.
Hillsborough-Raymond Sheldon, Tampa.
Hillsborough-Harry McDonald, Tampa. Mr. Russell O. Morrow of Palm Beach seconded the nom-
Holmes-Emogene Commander, Westville. nation.
Indian River-J. Hubert Graves, Wabasso. Mr. John Versaggi of St. Johns moved that the nominations
Jackson-John E. Lambe, Marianna. be closed.
Jackson-W. R. Dixon, Marianna. Which was agreed to.
Jefferson-Richard H. Simpson, Monticello. And the nominations were declared closed.
Lafayette-W. G. Croft, Mayo.
Lake-Lacy G. Thomas, Grovela'nd. Upon call of the roll for the election of the Speaker of
Lake-Harry P. Johnson, Tavares. the House of Representatives the vote was for Dan McCarty:
Lee-Guy M. Strayhorn, Fort Myers. Yeas-Messrs. Acosta, Allen, Andrews, Ayers, Bailey, Beck,
Leon-H. J. (Jack) Yaeger, Tallahassee. Bennett, Best, Bonifay, Boyd, Brackin, Brady, Bryan, Burks,
Leon-Rainey Cawthon, Tallahassee. Burwell, Butt, Carroll, Carswell, Cawthon, Chavous, Clark,
Levy-Dewey D. Allen, Inglis. Clement (Pinellas), Clements (Columbia), Commander, Cook,
Liberty-R. L. Hosford, Hosford. Crary, Croft, Davis, Dixon, Dowda, Driggers, Dugger, Dunham,
Madison-Van H. Priest, Madison. Getzen, Gillespie, Graves, Gray, Harrell, Harris (Alachua),
Madison-G. Frank Andrews, Greenville. Harris (Pinellas), Hatch, Helie, Hendry, Holt, Horrell, Hos-
Manatee-H. E. Boyd, Terra Ceia. ford, Inman, Jenkins, Johnson, Junkin, Lambe, Lane, Lanier,
Manatee-G. A. Lane, Bradenton. Leaird, Leedy, Leonardy, Lewis, Littlefield, Luckie, McDonald,
Marion-John R. Rogers, Lynne. McLane, Middleton, Minshall, Morrow, Murray, Overstreet,
Marion-Joel L. Potter, Ocala. Papy, Peeples, Perry, Potter, Priest, Riddles, Rivers, Rogers,
Martin-Evans Crary, Stuart. Safford, Scales, Shafer, Shave, Sheldon, Shivers, Simpson,
Monroe-Bernie C. Papy, Key West. Slappey, Smith, Strayhorn, Stewart, Thomas, Toland, Turner,
Nassau-Thomas Shave, Jr., Fernandina. Vathis, Versaggi, Williams, Wisehcart, Wotitzky, Yaeger.-94.
Okaloosa-Newman Brackin, Crestview. Nays-None.
Okeechobee-W. J. (Bill) Hendry, Okeechobee. Mr. Dan McCarty was declared the duly elected Speaker
Orange-James G. Horrell, Orlando. of the House of Representatives.
Orange-L. C. Leedy, Orlando. Mr. Russell O. Morrow of Palm Beach moved that a com-
Osceola-N. Ray Carroll, Deer Park. mittee of three be appointed to escort Mr. McCarty, the
Palm Beach-Russell 0. Morrow, Lake Worth. Speaker to the Chaii
Palm Beach-Herbert D. Beck, Belle Glade. Which was agreed to.
Pasco-John S. Burks, Dade City.
Pinellas-S. Henry Harris, St. Petersburg. Thereupon the Chair appointed Messrs. Morrow of Palm
Pinellas-Stanley C. Minshall, St. Petersburg. Beach. Simpson of Jefferson, and Davis of Gadsden as a
Pinellas-tArchie Clement, Tarpon Springs. committee of three who escorted the Speaker to the Chair
Polk-George W. Afford, Lakeland. where he received the Oath of Office administered by Mr.
Polk-Wallace Shafer. Haines City. Justice Thomas of the Supreme Court, following which the
Polk-Perly Murray, Frostproof. Speaker made a brief address to the House.
Putnam-Thos. B. Dowda, Palatka. THE SPEAKER IN THE CHAIR.
Putnam-W. S. Middleton, Pomona. Mr. Rainey Cawthon of Leon moved that a committee of
St. Johns-J. H. (Jack) Turner, St. Augustine. three be appointed to escort the family of the Speaker to
St. Johns-John Versaggi, St. Augustine. the rostrum.
St. Lucie-Da'n McCarty, Ft. Pierce. Which was agreed to.
Santa Rosa-Wm. A. Bonifay, Milton. Thereupon the Speaker appointed Messrs. Graves of In-
Sarasota-Wm. W. (Bill) Perry, Sarasota. dian River, Leedy of Orange, and Shafer of Polk as a com-
Seminole-E. E. Brady, Sanford. mittee who escorted Mrs. Francis L. McCarty, the Speaker's
Seminole-John G. Leonardy, Sanford. mother; Mrs. Dan McCarty, the Speaker's wife; Miss Evelyn
Sumter-J. C. Getzen, Bush'nell. McCarty, the Speaker's sister; Mr. Bryan McCarty and Mr.
Suwannee-J. P. Hatch, Live Oak. John McCarty, the Speaker's brothers, to the rostrum where
Suwannee-M. A. Best, Branford. they were introduced by the Speaker to the members of the
Taylor-J. H. Scales, Perry. House.
Union-A. L. Driggers, Jr., Lake Butler. The Speaker announced that he would now receive nom-
Volusia-Alex D. Littlefield, Holly Hill. nations for Speaker Pro Tempore.
Volusia-J. U. Gillespie, New Smyrna. Mr. William A. Bonifay of Santa Rosa nominated Mr.
Wakulla-Paul Carswell, Crawfordville. Raymond Sheldon of Hillsborough for the office of Speaker
Walton-E. Bert Riddles, Darlington. Pro Tempore.
Washington-Olin G. Shivers, Chipley, Mr. W R. .Helie of Escambia seconded the nomination.

April 8, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 3

Mr. Thomas Shave, Jr., of Nassau moved that the nom- Mr. Morrow moved that the House do now revert to the order
nations be closed. of introduction of resolutions.
Which i as agreed to. Which was agreed to.
And the nominations were declared closed. And it was so ordered.
Upon call of the roll upon the election of Speaker Pro INTRODUCTION OF RESOLUTIONS
Tempore the vote for Mr. Raymond Sheldon of Hillsborough
was: By Mr. Morrow of Palm Beach-
House Resolution No. 1.
Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers, A RESOLUTION PROVIDING FOR THE ELECTION OF
Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, ATTACHES FROM THOSE PERSONS NOMINAT
Bryan, Burks, Burwell, Butt, Carroll, Carswell, Cawthon,THOSE PERSONS NOMIATED AT
Chavous, Clark, Clement (Pinellas), Clements (Columbia), THE HOUSE DEMOCRATIC CAUCUS.
Commander, Cook, Crary, Croft, Davis, Dixon, Dowda, Drig- BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
gers, Dugger, Dunham, Getzen, Gillespie, Graves, Gray, Har- TIVES OF THE STATE OF FLORIDA IN SESSION AS-
rell, Harris (Alachua), Harris (Pinellas), Hatch, Helie, Hendry, SEMBLED:
Holt, Horrell, Hosford, Inman, Jenkins, Johnson, Junkin, 1. That the following be elected as attaches of the House
Lambe, Lane, Lanier, Leaird, Leedy, Leonardy, Lewis, Little- of Representatives for the 1941 session:
field, Luckie, McDonald, McLane, Middleton, Minshall, Mor- Assistant Chief Clerk, Jackson Mizell.
row, Murray, Overstreet, Papy, Peeples, Perry, Potter, Priest, Sergeant-at-Arms, Nathan Jones.
Riddles, Rivers, Rogers, Safford, Scales, Shafer, Shave, Bill Clerk, Mrs. W. R. Dorman.
Shivers, Simpson, Slappey, Smith, Strayhorn, Stewart, Reading Clerk, Herman Edwards, Maynard M. McLeod.
Thomas, Toland, Turner, Vathis, Versaggi, Williams, Wise- Engrossing Clerk, Ed. S. Winburn.
heart, Wotitzky, Yaeger.-94W Engrossing Clerk, Ed. S. Winburn.
heart, Wotitzky, Yaeger94. Enrolling Clerk, Mrs. Annie Bond Connell.
Nays-N1one. Messenger, Tom Stewart, Jr.
Thereupon Mr. Raymond Sheldon was declared the duly Doorkeeper, Ollie Joyner, Gus McClelland.
elected Speaker Pro Tempore of the House of Representa- Chaplain, Henry Langford.
tives. Janitor, Jessie Wilson.
Mr. Archie Clement of Pinellas moved that a committee Page, Billie Clement.
of three be appointed to escort the Speaker Pro Tempore Page, O'Neal Levy.
to the rostrum. Page, Drane Safford.
Which was agreed to. Page, JoAnne McRae.
Page, Vernon Peeples.
Thereupon the Speaker appointed Messrs. Bonifay of Santa Page, Joe Jenkins, Jr.
Rosa, and McDonald and Toland of Hillsborough who es- Page, Phyllis Reindel.
corted the Speaker Pro Tempore to the rostrum where he Page, Jack Turner, Jr.
received the Oath of Office administered by Mr. Justice Which was read in full.
Thomas of the Supreme Court following which the Speaker
Pro Tempore made a brief address.. Mr. Morrow moved the adoption of the resolution.
Mr. William A. Bonifay of Santa Rosa moved that a com- nWhichi No 1 was aptagree
mittee of three be appointed to escort the Speaker Pro And House Resoluton No 1 was adopted.
Tempore's family to the rostrum. By Mr. Morrow of Palm Beach-
Which was agreed to. House Resolution No. 2.
Thereupon the Speaker appointed Messrs. Helie of Es- A RESOLUTION PROVIDING FOR THE RULES OF PRO-
cambia, McDonald and Toland of Hillsborough who escorted CEDURE FOR THE 1941 SESSION OF THE FLORIDA
Mrs. Raymond Sheldon, the Speaker Pro Tempore's wife, LEGISLATURE.
and Raymond Sheldon, Jr., the Speaker Pro Tempore's son, BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
to the rostrum where they were introduced by the Speaker TIVES OF THE STATE OF FLORIDA IN SESSION AS-
to the members of the House. SEMBL
A committee fromthe Senate e composed of Senators Col- That the rules of procedure f the 1939 session of the
lns, Drummond and Housholder appeared at the bar of the Florida Legislature shall govern this body until the Commit
Hous e otee on Rules shall be organized and report and such
Senate was organized and ready to transact business, all be o zed and epot and such epo
shall be adopted.
Mr. L C. Leedy of Orange nominated Ben H. Fuqua for Which was read in full.
Chief Clerk of the House of Representatives.
SMr. Morrow moved the adoption of the resolution.
Mr. Evans Crary of Martin seconded the nomination. Which was agreed to.
SMr. F. B. Harrell of Hamilton moved that the nomina- Arid House Resolution No. 2 was adopted.
tions be closed. By Mr. Morrow of Palm Beach-
Which was agreed to.
And the nominations were declared closed. House Resolution No. 3.
A RESOLUTION PROVIDING FOR THE APPOINTMENT
Upon call of the roll on election of Chief Clerk for the BY THE SPEAKER OF THE HOUSE OF CERTAIN AT-
House of Representatives the vote was for Ben H. Fuqua: TACHES OF THE HOUSE.
Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers, BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, TIVES OF THE STATE OF FLORIDA IN SESSION AS-
Bryan, Burks, Burwell, Butt, Carroll, Carswell, Cawthon, SEMBLED:
Chavous, Clark, Clement (Pinellas), Clements (Columbia),
Commander, Cook, Crary, Croft, Davis, Dixon, Dowda, Drig- 1. That the Speaker of the House of Representatives ap-
gers, Dugger, Dunham, Getzen, Gillespie, Graves, Gray, Har- point an Assistant Bill Clerk, five Assistant Sergeant-at-Arms,
rell, Harris (Alachua), Harris (Pinellas), Hatch, Helie, Hendry, a Secretary, a Journal Clerk and two Assistant Journal Clerks,
Holt, Horrell, Hosford, Inman, Jenkins, Johnson, Junkin, an Assistant Janitor, a Superintendent of Stenographers, an
Lambe, Lane, Lanier, Leaird, Leedy, Leonardy, Lewis, Little- Assistant Enrolling Clerk and a Bill Binder, who shall also
field, Luckie, McDonald, McLane, Middleton, Minshall, Mor- be messenger in the stenographers' room.
row, Murray, Overstreet, Papy, Peeples, Perry, Potter, Priest, Which was read in full.
Riddles, Rivers, Rogers, Safford, Scales, Shafer, Shave, Shel- Mr. Morrow moved the adoption of the resolution.
don, Shivers, Simpson, Slappey, Smith, Strayhorn, Stewart, Which was agreed to.
Thomas, Toland, Turner, Vathis, Versaggi, Williams, Wise- And House Resolution No. 3 was adopted.
heart, Wotitzky, Yaeger.-95.
Nays-None. By Mr. Morrow of Palm Beach-
Thereupon Ben H. Fuqua was declared duly elected Chief House Resolution No. 4.
Clerk of the House of Representatives and was administered A RESOLUTION PROVIDING FOR THE PREPARATION,
the Oath of Office by Mr. Justice Thomas of the Supreme EDITING AND PRINTING OF THE HOUSE RECORDS OF
Court after which he was presented by the Speaker to the THE HOUSE OF REPRESENTATIVES, 1941 FLORIDA
members of the House. LEGISLATURE,

4 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 8, 1941

BE IT RESOLVED BY THE HOUSE OF REPRESENTA- Mr. Morrow moved the adoption of the resolution.
TIVES OF THE STATE OF FLORIDA IN SESSION AS- Which was agreed to.
SEMBLED: And House Resolution No. 8 was adopted.
1. That not to, exceed three thousand (3,000) copies of By Mr. Morrow of Palm Beach.
the Daily Journal, and not to exceed three hundred (300) House Resolution No. 9:
copies of the Daily Calendar be ordered printed each day. A RESOLUTION PROVIDING FOR THE FURNISHING OF
Which was read in full. HOUSE MEMBERS WITH STAMPS, STATIONERY AND
Mr. Morrow moved the adoption of the resolution. OTHER NECESSARY SUPPLIES.
Which ti N was agreed to. BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
And House Resolution No. 4 was adopted. TIVES OF THE STATE OF FLORIDA IN SESSION AS-
By Mr. Morrow of Palm Beach- SEMBLED:
House Resolution No. 5. 1. That the Speaker be and he is hereby authorized and
A RESOLUTION PROVIDING FOR THE PREPARATION, directed to instruct the Sergeant-at-Arms of this House, upon
EDITING AND PRINTING OF THE HOUSE RECORDS OF the approval of the Legislative Expense Committee, to procure
THE HOUSE OF REPRESENTATIVES OF THE 1941 FLOR- from time to time during the 1941 session of this House,
IDA LEGISLATURE. stamps for the use of members of this House in transacting
BE IT RESOLVED BY THE HOUSE OF REPRESENTA- official business.
TIVES OF THE STATE OF FLORIDA IN SESSION AS- BE IT FURTHER RESOLVED, That the Sergeant-at-Arms
SEMBLED: be authorized and directed to dispense to the members of this
1. That the Chief Clerk of this House be instructed to House, such stamps as each member may require; provided,
continue the preparation, editing and printing of the House that no member shall be given more than thirty-five stamps
records of the 1941 House of Representatives of the Florida per day.
Legislature in the same manner and form as those records BE IT FURTHER RESOLVED, That such stamps be used
have been prepared, edited and printed during the previous by the members of this House upon official business of the
sessions of the legislature subject to the directions of this House only, or for the purpose of communicating with con-
house. tituents upon matters of legislation, pending before the House
2. That a copy of this resolution be transmitted to the or contemplated by members of the House for introduction.
State Board of Commissioners and that it be spread upon the BE IT FURTHER RESOLVED, That the Sergeant-at-Arms
journal of this house. be directed to furnish to the members of this House all sta-
Which was read in full. tionery and all other necessary supplies for the use of the
Mr. Morrow moved the adoption of the resolution, members of this House, such supplies to be procured upon the
Which was agreed to. approval of the Legislative Expense Committee.
And House Resolution No. 5 was adopted. Which was read in full.
By Mr. Morrow of Palm Beach- Mr. Morrow moved the adoption of the resolution.
House Resolution No. 6. Which was agreed to.
A RESOLUTION PROVIDING WHEN CERTAIN BILLS And House Resolution No. 9 was adopted.
AND RESOLUTIONS MAY BE INTRODUCED. By Mr. Morrow of Palm Beach.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA- House Resolution No. 10:
TIVES OF THE STATE OF FLORIDA IN SESSION AS- A RESOLUTION PROVIDING THAT THE SPEAKER AP-
SEMBLED: POINT AN INDEXING CLERK.
1. That no Bills or Resolutions except those affecting or- WHEREAS, Section 104 of the Revised General Statutes of
ganization of the House shall be introduced until standing Florida provides for the employment by the House of Repre-
committees be appointed and organized and the Chairman sentatives of an experienced Indexer, acting in conjunction
thereof announce they are ready to transact business, with a similar Clerk from the Senate, to compile and make the
Which was read in full. index of the Journal of the House of Representatives; and
Mr. Morrow moved the adoption of the resolution. WHEREAS, the Chief Clerk is charged with the responsi-
Which was agreed to. ability of supervision of the said work of indexing the Journal;
And House Resolution No. 6 was adopted. THEREFORE, BE IT RESOLVED BY THE HOUSE OF
By Mr. Morrow of Palm Beach. REPRESENTATIVES OF THE STATE OF FLORIDA IN
House Resolution No. 7: SESSION ASSEMBLED:
A RESOLUTION PROVIDING FOR THE SECRETARY OF 1. In the interest of economy and efficiency in carrying out
STATE TO PROVIDE THE REPRESENTATIVES WITH said work that the Speaker is hereby authorized to employ an
STATUTES UNDER CERTAIN CONDITIONS. experienced Indexing Clerk, who shall be known as the House
BE IT RESOLVED BY THE HOUSE OF REPRESENTA- Journal Indexing Clerk, to do the work outlined in Section
TIVES OF THE STATE OF FLOIDA IN SESSION AS- 104 of the revised General Statutes, and also one Special As-
SEM4BLED" sistant to assist in such work as he may direct, which said
Clerks shall receive the same compensation and remuneration
1. That the Secretary of State shall furnish to the Ser- as other Clerks of the House.
geant-at-Arms of the House of Representatives for use of the Which was read in full.
Representatives, upon a requisition to be signed by the Ser-
geant-at-Arms, such of the Statutes, general and special, when Mr. Morrow moved the adoption of te esolution
requested by the Representatives. Each Representative, at the Which was agreed to.
time of receiving any of said books, shall sign a receipt to the And House Rsolution No. 10 was adopted.
Sergeant-at-Arms and shall by the end of the session return By Mr. Morrow of Palm Beach.
said books so received to the Sergeant-at-Arms to be in turn House Resolution No. 11:
by the Sergeant-at-Arms returned to the Secretary of State. A RESOLUTION TO PROVIDE FOR THE ACCOMMODA-
Which was read in full. TION OF REPRESENTATIVES OF THE PRESS.
Mr. Morrow moved the adoption of the resolution. WHEREAS, It is essential to the public welfare that most
Which was agreed to. widespread publicity be given expeditiously to the proceedings
And House Resolution No. 7 was adopted. of and happenings in the Legislature, and to that end this
By Mr. Morrow of Palm Beach. Legislature should follow the same practice that was observed
House Resolution No. 8: in the Legislature of 1939 with reference to the accommodation
A RESOLUTION PROVIDING FOR THE NUMBER OF of the Representatives of the Press;
HOUSE JOURNALS EACH MEMBER OF THE HOUSE MAY THEREFORE, BE IT RESOLVED BY THE HOUSE OF
BE ALLOWED FOR MAILING. REPRESENTATIVES IN SESSION ASSEMBLED:
BE IT RESOLVED BY THE HOUSE OF REPRESENTA- 1. That the Speaker of the House and the Chief Clerk,
TIVES OF THE STATE OF FLORIDA IN SESSION AS- Bill Clerk, Sergeant-at-Arms and other attaches of the House
SEMBLED: of Representatives be authorized and directed to provide and
1. That each member of this House be allowed to mail, carry out substantially the same provisions for the accommo-
not to exceed twenty (20) copies, of the Journal of this House. dation of Representatives of the Press at this session as were
Which was read in full. in force at the 1939 session, including the same access to

April 8, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 5

copies of bills as was given at the 1939 session of the Legisla- Mr. Morrow moved that a committee of three be appointed
ture to Press Representatives, to escort the Honorable Fuller Warren, former Member of
Which was read in full. the House, to the rostrum.
Mr. Morrow moved the adoption of the resolution. Which was agreed to.
Which was agreed to. Thereupon the Speaker appointed Messrs. Lewis of Clay,
And House Resolution No. 11 was adopted. Brady of Seminole and Potter of Marion who escorted the
Honorable Fuller Warren to the rostrum where he was in-
By Mr. Morrow of Palm Beach. produced by the Speaker to the members of the House.
House Resolution No. 12 E Mr. Morrow moved that the House do now take up and
A RESOLUTION TO PROVIDE FOR THE EMPLOYMENT consider Messages from the Senate.
OF CERTAIN ATTACHES OF THE HOUSE OF REPRESEN- Which was agreed to.
TATIVES. And it was so ordered.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA IN SESSION AS- MESSAGES FROM THE SENATE
SEMBLED: The following message from the Senate was received and
1. That each member of the House of Representatives be read:
allowed to designate one competent attache for service at the SENATE CHAMBER
regular session of the House of Representatives of 1941, which Tallahassee, Florida, April 8, 1941.
attache so designated shall upon passing of the examination Honorable Dan McCarty,
to be given by the Efficiency Committee be enrolled as em- Speaker of the House of Representatives.
ployees of the House from April 8, 1941. Sir:
2. That the Speaker by and with the consent of the Com- I am directed by the Senate to inform the House of
mittee on Efficiency, be and he is authorized and directed to Representatives that the Senate has passed-
appoint such additional attaches of the House of Representa-
tives as may be necessary to efficiently perform the work of By Senator Dye
this House. Senate Concurrent Resolution No. 1:
3. That it is the sense of this House that the number of WHEREAS, His Excellency, Spessard L. Holland, Governor
employees be kept as low as possible consistent with the effi- of Florida, has expressed a desire to address the Legisla-
cient performance of the clerical work of the House. ture of Florida in joint session on this day, Tuesday, April
Which was read in full. 8th, A. D. 1941.
Pending consideration thereof- THEREFORE, BE IT RESOLVED BY THE SENATE, THE
Mr. Gray of Bay moved that further consideration of House HOUSE OF REPRESENTATIVES CONCURRING:
Resolution No. 12 be postponed and that it be made first in That the Senate and House of Representatives convene in
the order of business for Wednesday, April 9. joint session in the House of Representatives at 3:00 o'clock
Which was agreed to. P. M. this day, Tuesday, April 8th, A. D. 1941, for the pur-
And it was so ordered. pose of receiving His Excellency's message.
Mr. Shafer of Polk moved that the House stand for thirty And respectfully requests the concurrence of the House
seconds in silent tribute for the late Honorable Ben F. Conner, therein.
Representative-Elect from Polk County to the 1941 House of Very respectfully,
Representatives. ROBT. W. DAVIS,
Mr. Murray of Polk seconded the motion. Secretary of the Senate.
Which was agreed to. And Senate Concurrent Resolution No. 1 contained in the
Thereupon the House stood for thirty seconds in silent trib- above message was read the first time in full.
ute to the late Honorable Ben F. Conner. Mr. Morrow moved that the rules be waived, and Senate
Mr. Simpson of Jefferson moved that a committee of three Concurrent Resolution No. 1 be read a second time in full.
be appointed to inform the Senate that the House was or- Which was agreed to by a two-thirds vote.
ganized and ready to transact business. And Senate Concurrent Resolution No. 1 was read a
Which was agreed to. second time in full.
Thereupon the Speaker appointed Messrs. Simpson of Mr. Morrow moved the adoption of the Concurrent Reso-
Jefferson, Slappey of Gadsden and Bennett of Duval as a lution.
committee to notify the Senate that the House of Represen- Which was agreed to.
tatives was organized and ready to transact business. And Senate Concurrent Resolution No. 1 was adopted.
After a brief absence the Committee returned and report- Mr. Morrow moved that the rules be further waived and
ed that they had performed the duty assigned them and were that Senate Concurrent Resolution No. 1 be immediately
thereupon discharged. certified to the Senate.
Mr. Morrow moved that a committee of three be appointed Which was agreed to by a two-thirds vote.
to wait upon His Excellency, the Governor, and notify him And it was so ordered.
that the House was organized and ready to transact business. Mr. Holt of Dade moved that the House do now take a recess
Which was agreed to. until 2:45 P. M.
Thereupon the Speaker appointed Messrs. Morrow of Palm Which was agreed to.
Beach, Shafer of Polk and Littlefield of Volusia who retired Thereupon at the hour of 1:51 P. M. the House stood
from the Chamber and after a brief absence returned and recessed until 2:45 P. M.
reported that they had performed the duty assigned them and Pursuant to recess, the House reconvened at 2:45 P. M.
were thereupon discharged. The roll was called and the following members answered
The following message from the Governor was received and to their names:
read: Mr. Speaker: Messrs. Acosta, Allen, Andrews, Ayers,
STATE OF FLORIDA Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady,
Bryan, Burks, Burwell, Butt, Carroll, Carswell, Cawthon,
ExecutiveDept. Chavous, Clark, Clement (Pinellas), Clements (Columbia),
Tallahassee Commander, Cook, Crary, Croft, Davis, Dixon, Dowda, Drig-
April 8, 1941 gers, Dugger, Dunham, Getzen, Gillespie, Graves, Gray, Har-
Honorable Dan McCarty, Speaker rell, Harris (Alachua), Harris (Pinellas), Hatch, Helie,
House of Representatives Hendry, Holt, Horrell, Hosford, Inman, Jenkins, Johnson,
Tallahassee, Florida Junkin, Lambe, Lane, Lanier, Leaird, Leedy, Leonardy, Lewis,
Littlefield, Luckie, McDonald, McLane, Middleton, Minshall,
Honorable Dan McCarty, Speaker Morrow, Murray, Overstreet, Papy, Peeples, Perry, Potter,
I desire to address your Honorable Body in joint session Priest, Riddles, Rivers, Rogers, Safford, Scales, Shafer, Shave,
with the Senate this afternoon, April 8th, at three o'clock. Sheldon, Shivers, Simpson, Slappey, Smith, Strayhorn,
Faithfully yours, Stewart, Thomas, Toland, Turner, Vathis, Versaggi, Williams,
SPESSARD L. HOLLAND Wiseheart, Wotitzky, Yaeger.-95.
Governor A quorum present.

6 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 8, 1941

The hour of 3:00 P. M. having arrived, members of the the necessities of life and the sinews of war, which they need
Senate appeared at the bar of the House and were awarded so badly and can secure only through our active assistance.
seats. I shall not dwell upon the details of this gravest problem
Thereupon the Honorable John R. Beacham, President of which has ever confronted our Nation since its founding, ex-
the Senate, took the Chair. cept to remind you that democracy requires for its defense not
only physical values, strong men well trained, abundant mod-
The roll of the Senate was called by the Secretary of the ern equipment of the best quality, ships, airplanes, weapons
Senate and the following Senators answered to their names: and ammunition, but it requires above all, a strong and sturdy
Mr. President-Senators: Adams-25th Dist., Adams-30th morale in the minds and hearts of all the people who make
Dist., Beall-2nd Dist., Butler-18th Dist., Clarke-22nd Dist., up our American citizenship. They must be-we must be-
Cliett-27th Dist., Collins-Sth Dist.. Cooley-23rd Dist., strongly sold upon the resourcefulness, the unity, the loyalty,
Drummond-3rd Dist., Dye-36th Dist., Folks-20th Dist., the courage, and the unbeatable strength of our nation, and
Gideons-38th Dist., Graham-13th Dist., Hinely-17th Dist.. also upon the eternal rightness and workable soundness of our
Horne-10th Dist., Householder-37th Dist., Johnson-9th system of government, which contrasts so vividly, in what it
Dist., Kanner-33rd Dist., Kelly-16th Dist., King-7th Dist., offers to the individual, with all those systems under which
Lewis-4th Dist., Lindler-14th Dist., Maddox-1st Dist., human beings are but pawns in the hands of their rulers.
Maines-15th Dist., McKenzie-26th Dist., Parker-12th Dist., When we are possessed of that deep and abiding conviction
Perdue-21st Dist., Price-28th Dist.. Shands-32nd Dist., we shall then do our utmost in every line of endeavor, public
Sheppard-31st Dist., Shuler-5th Dist., Smith-29th Dist., or private, to make our national existence permanent and our
Taylor-llth Dist., Ward-24th Dist., Whitaker-34th Dist., national welfare secure. As representatives of the nearly
Wilson-6th Dist.-37. 2,000,000 citizens who make up the State of Florida, you and
A quorum of the Senate present. I are entrusted with the high duty of so conducting our af-
The roll of the Members of the House of Representatives fairs their affairs, the business of our State, as to create in
their minds at this time the fullest measure of confidence in
was called by the Chief Clerk of the House and the follow- te integrity of their State Government and the highest pos-
ing members answered to their names sible degree of respect for the institutions of their State and
Mr. Speaker: Messrs. Acosta, Allen, Andrews, Ayers, for the individuals who serve them as their officials. Our
Bailey, Beck, Bennett, Best, Bonifay, Boyd. Brackin, Brady, responsibility to render outstandingly good service which will
Bryan, Burks, Burwell, Butt, Carroll, Carswell, Cawthon, be recognized as intelligent, impartial, fearless, unselfish,
Chavous, Clark, Clement (Pinellas), Clements (Columbia), aggressive and patriotic falls upon us at this session in a higher
Commander, Cook, Crary, Croft, Davis, Dixon, Dowda, Drig- degree than has ever been the case in earlier sessions of the
gers, Dugger, Dunham, Getzen, Gillespie, Graves, Gray. Har- Florida Legislature since reconstruction days. We must set
rell, Harris (Alachua), Harris (Pinellas), Hatch, Helie, an example of democracy at work-accomplishing effectively
Hendry, Holt, Horrell, Hosford, Inman, Jenkins, Johnson, those things which need to be done in the public good. I ap-
Junkin, Lambe, Lane, Lanier, Leaird, Leedy, Leonardy, Lewis, roach these sixty days with the fullest measure of confidence
Littlefield, Luckie, McDonald, McLane, Middleton, Minshall, in the patriotism and zeal for public service which. I am sure.
Morrow, Murray, Overstreet, Papy, Peeples, Perry, Potter, animates every member of this Legislature and with the con-
Priest, Riddles, Rivers, Rogers, Safford, Scales, Shafer, Shave, viction that this Legislature, working with the Executive
Sheldon, Shivers, Simpson, Slappey, Smith, Strayhorn, branch of the State Government, will render such a service
Stewart, Thomas, Toland, Turner, Vathis, Versaggi, Williams, during this session as to compel the respect and command the
Wiseheart, Wotitzky, Yaeger.-95. confidence of all of our citizens and strengthen them in their
A quorum of the House of Representatives present. feelingg that our State government is soundly rooted and sturd-
Senator Dye moved that a committee of five members of ily grown so that it will surely stand along with our national
the Joint Session to be composed of two Senators and three government, against any storms that may assail it.
Members of the House be appointed to wait upon His Ex- NATIONAL DEFENSE
cellency, Governor Spessard L. Holland, and notify him that As would be in keeping with such a critical moment in world
the Joint Session of the Senate and the House of Represen- history I shall mention fist those duties which devolve upon
tatives was assembled and ready to receive his message. us, in order that we my best fulfill our obligations to our
Which was agreed to. Nation and to our whole American people at this time of urg-
Thereupon the President of the Senate appointed Senators ent preparation for National defense. You know, of course.
Dye and Wilson on the part of the Senate a'nd Messrs. Ver- that by executive order of my predecessor, Governor Cone, in
saggi, Leaird and Harrell on the part of the House who which I fully cooperated, there was created a State Defense
retired to perform their mission. Council made up of outstanding citizens of our State, called
The committee reappeared at the bar of the Joint Session together to plan the coordination of effort which is so essen-
and escorted His Excellency, Governor Spessard L. Holland, tial between our State and the National Government, as well
to the rostrum. as other states, and between our many local communities, in-
After being introduced Governor Spessard L. Holland ad- stitutions, and industries, each with the other. I am glad to
dressed the Joint Session as follows: reportt that the Council is functioning most actively, has al-
:eady done a great amount of work and is intensively busy
PRESIDENT BEACHAM, SPEAKER McCARTY AND GEN- in the many fields where more and more work must be done.
TLEMEN OF THE SENATE AND HOUSE OF REPRE- An office has been set up for the Council here at Tallahassee,
SENTATIVES OF THE FLORIDA LEGISLATURE: and it is now being served by a full-time Executive Secretary
The Constitution of our State requires that the Governor and adequate clerical assistance, some of which is paid direct-
shall, by message, communicate to the Legislature at each !y and some of which is borrowed from other State offices. In
regular session information concerning the condition of the the field assisting the Council and its Executive Secretary,
State and recommend such measures as he may deem expedi- Major General Albert H. Blanding, now retired, is devoting
ent. It is my honor and privilege to submit to you this message much of his time to necessary State and National Defense pro-
in accordance with the constitutional provision. iects. Under the arrangement made by me with the National
It is not necessary for me to remind you of the fact that we officials at the time of the appointment of General Blanding
meet at an hour of grave national crisis. The Democratic form as Assistant State Administrator of Selective Service, it was
of Government under which we exist as a State and as a Na- understood that he would spend much of his time in this
tion is being definitely challenged throughout the World. It work and he will, I understand, continue to be available for it.
is perfectly clear that a great part of the nations of the Earth It is necessary, however, that several items of legislation be
are aggressively practicing and are seeking to inflict on all speedily acted upon so that the legal existence and functioning
others a philosophy of government which is definitely at of the State Defense Council may be securely provided for, its
variance with our fundamental belief that human beings have work enlarged and speeded up, and so that several activities
sufficient character and intelligence to participate in the af- regarded by the State Council as being necessary in the cause
fairs of their government, and it is becoming more and more of Defense may be established without any delay whatever
apparent that democracy is on trial for its life throughout the and upon a sound basis. The most limited finances which
World. As we convene here, our Nation is engaged in a tre- have been supplied for the operation of the Council up to this
mendous effort to arm itself, train and equip its men for time have come out of the Governor's Emergency Fund with
military and naval service, organize its resources, and marshal the approval of the State Budget Board, but this condition
every sturdy quality and every vital asset that we have so that cannot continue.
we may not only be unconquerable, but may likewise find it pos- My first recommendation is, therefore, that you consider
sible to supply other embattled Democracies of the World with and pass with the greatest speed possible, an Act, already pre-

April 8,1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 7

pared and ready for introduction in both Houses, under which sary we would have to accept it even though we do not like it,
the State Defense Council is set up as a formal State activity but it is not necessary.
to continue to operate for the duration of the emergency, with At the 1939 session of the Legislature the Senate passed by
assured State financial backing and with the power to do the a large majority a bill known as Senate Bill 1198, under which
many things required to be done. I beg to advise that this Act this problem would have been largely met. It would have
is sponsored by the American Legion and other patriotic so- shown our willingness to do our part for our aged citizens,
cities and that its passage is strongly urged by our National who are not to blame for the situation in which they find
Government and by the National Defense Agencies. themselves but who are, in most instances, the victims of the
The next Act, the speedy consideration and passage of which collapse of our financial structure in 1929 followed by the
is strongly desired by the State Defense Council is an Act un- great depression which has not as yet been fully overcome. By
der which the Florida Defense forces, who will serve as State the terms of that Senate Bill it was proposed to impose a new
Guards and will be available in the event of public disaster, tax or "take" against the funds bet at horse race tracks legal-
mob violence, grave industrial disturbance, outbreak of sub- ized by the State of Florida, of which there are only two in
versive activities, or any other crisis requiring handling by operation. The act proposed that the State should take for
disciplined military units, may be established on a sound and the benefit of the aged, the so-called "breaks" which are now
recognized basis. With the help of the Adjutant General and going to the tracks and which can be taken from them with-
the State Defense Council, I have already provided for the out hurting them seriously. The total breaks of the two horse
creation of this Florida State Guard by Executive order, and tracks amounted to $299,166.15 in the racing season 1939-1940
it is now in process of organization. It should be legally recog- and both tracks operated most successfully, earning heavy
nized, however, and made legally available for all purposes profits, paying large bonuses and otherwise enjoying great
normally served by the Florida National Guard, which has prosperity. These "breaks" come out of money put up by the
now been called into Federal service. The proposed Act creat- people who bet at the pari-mutuels at horse tracks and do not
ing the Florida State Guard and providing for its financial come out of the coffers of the tracks. There is no earthly rea-
maintenance by the State, when actually called out for duty son why these "breaks" should not be taken by the State for
during the absence of the National Guard has been carefully the benefit of the aged.
drawn under the suggestions of the National Government, the
State Defense Council, the State Military Department and In the second place, said Senate Bill 1198 provided that a
many other patriotic citizens, and I recommend and request new tax or "take" of 5c per dollar on all sums wagered at the
its early consideration and passage as an emergency measure horse tracks be deducted from the pool, which is returned to
in the furtherance of the State and National Defense. the successful bettors, and that this revenue be given to our
p g aged. With the addition of this new nickel the total "take" out
The third Act, whose prompt consideration and passage is ofevery dollar bet at the horse race tracks would be only 15
requested by the State Defense Council, is one directed at the cents, part of which would go to the track and part to the
prevention of sabotage against the vital defense program, State. This 15 cents out of eac dollar is exactly the same
which is going on so actively in many parts of this State. I amount which has been taken out of every dollar wagered at
think it is needless for me to dwell upon the great importance nthe dog tracks since racing was legalized in Florida. It is dif-
of this Act, or upon the importance of early consideration ficult to see why the track operators or anyone else should
and passage of the two other Acts which are urgently request- feel any injury would be done by requiring that persons, who
ed by the State Defense Council and by the National Defense are in financial position to bet on the horses, should contribute
Agencies, namely: one for the rigid regulation of the handling, a nickel out of every dollar bet to relieve the misery and want
storage, and sale of explosives, and one permitting the setting of our aged. I do not believe that either the track operators
up of a police agency for the protection of the property of the or the people who bet on horse races would object in any way
eight or nine other states that already have in the State of to this additional tax. It is not proposed to change in any way
Florida millions of dollars worth of their state property, which the amounts now going to the counties which would continue
has accompanied their National Guard Troops to training to be divided equally among all counties of the State. I only
camps in this State. propose to put into the fund for the aged, where the Federal
I sincerely hope that all five of these proposed Acts will be Government will match it, the "breaks" and this new 5 cent
considered and enacted into law at the earliest possible mo- "take" against each dollar bet at the horse tracks. The total
ment. I wish to advise that these bills are submitted in sub- amount bet at the horse tracks in the 1939-1940 season was
stantial form as requested by National Defense Agencies, modi- $41,787,876.00 Five per cent of this would be $2,089,393.80
fied after careful examination by our Attorney General and which added to the breaks above mentioned, would total $2,-
his staff, and redrawn wherever necessary to better meet local 388,559.95 as a new contribution from State sources to our
conditions in this State. The prompt passage of these five aged citizens. This would be matched by Federal funds in an
Acts will serve full notice of the solidarity of Florida people in equal amount, making available a total of $4,777,119.90 of new
their determination to support to the limit President Roosevelt, money for Florida aged, which will almost entirely meet the
the Congress and the National Government in the all-out pro- obligation of the State in this particular crucial matter.
gram for the defense of our Nation and for the rendition of should add that the revenue being received by he State
help to other sorely beset democracies. I should add that the revenue being received by the State
St from the horse race tracks this year exceeds that received dur-
OLD AGE ASSISTANCE AND SOCIAL SECURITY ing the former year notwithstanding the critical national con-
The first purely State problem which I wish to discuss with editions so that the amounts available should be somewhat
you as a matter of proposed legislation is the subject of old larger than those which I have just stated.
age assistance. This problem is one of the most critical un- This bill was submitted as an active campaign issue in the
solved problems affecting the people of our State and I feel primaries of last year from one end of this State to the other,
that it should receive your first attention insofar as the domes- and met with an almost universally favorable reception. Re-
tic problems of the State are concerned. drawn as two proposed Acts, one covering the "breaks" and
The Federal Social Security Law permits the payment of a the other covering the proposed 5 cent take, this measure is
maximum of $40.00 per month to our most needy aged citi- now ready for immediate introduction. I believe that the peo-
zens, or an average payment of about $23.00. The Federal ple of this State are expecting this Legislature to enact this
Government supplies half, which must be matched from State measure into law and I strongly and urgently recommend that
sources. The average amount which we paid during the fiscal it be so enacted at the first possible time and as a preferred
year 1939-1940 to our needy aged in Florida from both state matter of business before complex and controversial discus-
and federal sources was only $12.01 per month or about half sions might arise later in the session. I know of no better
the estimated maximum average. In other words, the funds way to demonstrate the fact that democracy does work in a
supplied by the State amounted to only $6.00 per month and, practical way than to show willingness and ability to take care
of course, we did not receive more Federal funds because we adequately of those aged citizens who are no longer able to
did not match them. Federal funds for this purpose are raised take care of themselves and who have a rightful claim upon
by the payment of taxes from people in Florida, on the same democratic government, interested always in bringing to its
basis as from the people of the other states in the Nation. By unfortunate citizens the security which comes of knowledge
failing to match the Federal funds, we allowed to go unclaimed that old age has been made free from the fear of hunger and
for our own citizens their part of the fund which we had helped destitution.
to create and to which they were entitled. It was lying there In this same connection, I recommend that you pass an
ready for them whenever we would do our part to help them, amendment to the State Welfare Act following the amendment
but we have allowed this condition to exist and to continue to the Federal Social Security Law under which the maximum
under which we have put up from State funds only $6.00 per payments to any individual for old age assistance or aid to
month for each aged person on the roll. If this were neces- the blind were raised to $40.00 per month. The Federal law

8 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 8, 1941

formerly provided a maximum of $30.00 per month and our means to find any place where they can hunt. Such a result
law was drawn to conform to that former standard. The would be both an injustice and a sad blow to the .cause of
amendment now would permit our law to follow the present conservation, because any worthwhile long-range program de-
Federal Standard, thus setting the maximum amount of $40.00 pends upon the interest and support of the whole public.
per month within reach of our most needy aged and blind citi- I likewise recommend the passage of legislation by which
zens. But I remind you that mere passage of this provision the proper State officials will be authorized to dedicate for
means nothing unless the funds are provided and I know of use as breeding grounds, refuges, or hunting preserves, suit-
no reasonable way available to this State by which this can able lands which belong to the State or have reverted to the
be done other than by carrying out the plan which I have just State under the so-called Murphy Act, and to make exchange
recommended. of suitable school lands for other public lands so that such
With reference to the pressing problems of aid for the blind suitable publicly owned lands can be made available for such
and aid for our dependent children I am sure that you feel, conservation purposes, either alone or in blocked out areas
as I do, that these causes are most necessitous and that they which can be purchased or otherwise acquired.
must be more adequately solved. Their solution depends upon I likewise recommend the passage of the new fishing
the amount of money available to the State for such use and license law requested by the sportsmen and approved by the
this ties in with the whole intricate problem of finance and Fresh Water Fish and Game Commission, by which all per-
taxation. May I say at this time that I shall not attempt in sons taking fresh water fish, excluding only pole fishermen
this message to deal generally with this subject of taxation in their own counties, will be required to purchase a license
but, because of its importance, I shall await the opportunity to which will cost $1.00 and be of statewide application. This
discuss it in a separate message later in the session. measure is, in my opinion, more reasonable than the present
law, will produce more revenue and will, with other sources
FRESH WATER FISH AND GAME of revenue, enable the Commission to carry on a more ade-
The conservation of our fresh water fish and game re- quate enforcement program than has been possible heretofore.
sources is one of the most important phases of conservation Before leaving this field. I call to your attention that in
of our natural wealth, but it has received entirely too little the recommendation of the State Budget Board you will find
attention heretofore. There is involved, of cou:re, the preser- that an appropriation is recommended in the amount of
ovation of sports fishing and hunting, as well as the fuller $25,000 per year for the next two years for the purpose of
enjoyment in many other ways of our -natural wealth of bird restocking with deer the areas in Orange, Osceola, High-
and animal life. I am sure that we all realize that in many lands, Glades, and perhaps other counties where deer were
sections of the State our natural supplies of fish and game killed in the completion of the tick eradication program. I
have been badly depleted and almost destroyed. Our own call attention to this item because I think it important that
enjoyment of these resources, and that of our children, is the State recognize its obligation to the sportsmen, as ex-
thus jeopardized, as well as the great value which comes out pressed in the legislation under which the deer were killed.
of the strong attraction they have for our tourists and visitors. I likewise want to commend the two State boards affected,
For months the organized sportsmen of the state have been as well as the organized sportsmen and the organized cattle-
working on a long-range program which they fervently hope men. for getting together on this measure, which appears in
will begin to take shape at this session of the Legislature. the budget exactly as requested by all of these interested
The first phase of this program is the submission of a pro- groups.
posed constitutional amendment under which the regulation WATR O RVATO
and control of fresh water fish and game is given over into SALT WATER CONSERVATION
the hands of a non-political commission of five, one from The need for a more adequate program of conservation for
each Congressional District as now set up, with very large our salt water natural resources is a most pressing one and
power to handle the problem through regulations properly merits legislative attention. Many sportsmen and represen-
applicable to the various localities in our State. You will find tatives of commercial industries in this field have been, and
the proposed amendment shorter, clearer and much more are now, attempting to work out a program. They will have
satisfactory than the one which passed the House at the any help that I can give them, though my knowledge in this
1939 Session, but failed of passage in the Senate. The Com- field is most limited. I sincerely hope, as I know you do,
mission is given ample power to take, care of the troublesome that the activities now under way may result in the formu-
question of varying seasons and other varying conditions in lation of a program. I shall promptly bring to your attention
our State which has proven an almost insuperable barrier any constructive suggestions for legislation which may be
to proper handling by rigid legislation. Under the proposed developed.
amendment the Legislature would retain the power to fix
licenses and to determine all questions of penalties and would, STREAMLINING STATE GOVERNMENT
of course, have the power to pass general legislation in har- I now wish to take up a series of five somewhat unrelated
mony with the amendment and designed to carry out its recommendations, all of which are presented with the con-
terms. The field of administrative regulation and control viction that they are means by which the government of
would, however, be handed over in a quite fulsome way to this State can be made more efficient, more practical and
the non-political commission which would be created. I more serviceable. The first of these recommendations is that
strongly recommend the submission of this proposed amend- you submit to the people for their consideration a proposed
ment and do not believe, in view of the wide variety of nat- amendment to the Constitution, which is drawn and ready
ural conditions prevailing in our State, it will be possible to for introduction, under which the amendment of our Con-
deal properly with this complicated, but important subject stitution would be made more speedy in the event there should
matter in any other way. be at any time any situation in the nature of emergency re-
As a next step in setting up an adequate program of con- quiring a constitutional amendment. I remind you that under
servation i this field, I recommend the early passage of present provisions of the Constitution a proposed amend-
legislation accepting the provisions of the Federal Pitman- Legislatu and can be acted on by the people onlyess at the
Robertson Act, thus making available to this State for con- negiltd rl l ueton Tbe amed me y Lte people omy at tse
servation purposes our share of the Federal sporting goods inext genea election, e amendments wh ch you mao y sui-
ta which the sportsmen of this State pay, but which has mit at this session can be election in by the people no earlier
been withheld from this State because we have not complied than at the November election 1942, 'no matter how wise
with the Federal Act by binding ourselves to use exclusively or necessitous they may be. If an emergency situation should
on conservation activities the license funds collected from develop this summer requiring a constitutional amendment
spOrtsmen. This measure can be accomplished either by the for its solution, the matter could not be submitted until the
passage of the new bill or by the overriding of the veto of regular session of 1943, nor acted upon by the people until
the-former Governor to the 1939 bill on this subject. I am the general election of 1944. It seems tome that this is a
advised by the proper Federal officials that the passage of this hopelessly slow and inefficient method which is not at all
measure will make available at once in excess of $50,000 adapted to modern conditions or requirements.
to start our long-range program of game and fish preservation The amendment which I recommend to your consideration,
and propagation and of creating public hunting preserves would not disturb the present provision for amending the
which will become more and more necessary in view of the Constitution which would be left available for ordinary cases.
recent decision of our State Supreme Court on the question It would provide that, by the heavy vote of not less than two-
of trespass on privately owned lands. Without an adequate thirds of the total membership elected to each of the two
program for the setting aside of public lands where the Houses of legislature, at either a. regular session or an extra-
average citizen can hunt, it will soon become, in many sections ordinary session, the Legislature would have authority to find
of the state, utterly impossible for most persons of small that an emergency situation existed requiring early decision

April 8,1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 9

by the people of the State, and, upon such findings, a special tion was originally sponsored by the American Legion, the
election for the submission of the proposed constitutional Junior Chamber of Commerce, and other civic groups, but
amendment would be called within not less than thirty nor was amended drastically in its passage in 1939. These same
more than sixty days from the date of adjournment of the groups and others have cooperated in rewriting the State
session. The details which I have suggested are unimportant Road Patrol Act so as to place it on a thoroughly non-political
and some better framework for handling the problem may basis and to correct the various defects which have been
be developed by you, but I do strongly urge that a proposed discovered in actual operation.
amendment along these general lines be submitted, without The Patrol should be increased in number to handle the
fail, by this Legislature, so that the State may be better tremendous traffic problems which are found on our Florida
prepared to meet emergency situations or grave problems highways and which have been greatly aggravated by the
which may arise. I strongly feel that the inflexibility which National Defense Program. The only way by which this in-
is now found in our own Constitution on this subject does not crease in number can be accomplished is by increasing the
permit ou democracyto work practically and efficiently cost of the drivers' license as proposed in the bill. I fee
in best solving its acute problems. that the Patrol can render a very great service in this State
The second measure which I recommend to you in this at all times, but particularly in the two years that lie ahead
field is an Act by which the terms of office of various State of us, and I feel that, as a first condition to its proper func-
officials would be made to end on the same date as the term tioning, it must be kept non-political since its operates in
of the Governor. I include in this classification those offices every section of the State and does not know county lines.
which are so closely aligned with the State administration The Patrol should be dedicated to the impartial service of the
that they should naturally be filled by appointees of a new whole resident and visiting public without anything in its
Governor, in sympathy with his plans and program, which setup which would make it usable in any way for political
practice actually prevails under our traditions though not purposes.
with convenience and efficiency. I would include in this
group of officers the members of the Road Department, of SALARIES OF STATE CONSTITUTIONAL OFFICERS
the Racing Commission, of the Industrial Commission, the The fifth and last suggestion which I make in this field
Motor Vehicle Commissioner, the Beverage Commissioner, the is for you to make sure that, either in your general appro-
Hotel Commissioner, the State Auditor, and other similar priation bill or by other legislation, you leave a clear state-
officials who receive salaries commensurate with their duties meant, understandable by any one who can read, as to what
and handle important problems tied in with the entire State compensation you intend to be paid by the State during the
administration. I exclude from this classification all non- next biennium to the various State officials, but particularly
salaried officers drafted to render service in such agencies as to the members of the Cabinet who constitute the State Bud-
the State Welfare Board, the State Board of Health, the get Board. After the adjournment of the 1939 Legislature,
State Board of Control, the state Citrus Commission, the it was found that there was grave question as to what was
State Livestock Sanitary Board, and all the other many agen- the intention of the Legislature in this field and the question
cies which are non-political and should be kept wholly free was so debatable as to require submission to the Supreme
from disturbance by changing political administrations. I Court of the State, which was found to be divided on the
think that the exclusion of such activities from the scope subject. This situation is unfair to you, to the officers af-
of the proposed Act would serve notice that the Legislature fected, and to the public. It places in an intolerable position
expected these activities to be handled in a wholly non-polit- the members of the State Budget Board who are required by
ical fashion and would tend to eliminate the excessive politics law to draft annual budgets reflecting the expenses of the
which has too often prevailed in connection with some of departments under their control, including their own salaries.
these activities. The passage of the proposed Act would Such a situation creates public comment, criticism and lack
have no bearing whatever upon the present administration, of confidence, which is not only unnecessary, but which is
and I hope it will, therefore, be considered as it is intended, something to be avoided in every possible way at this time
as purely a suggestion to eliminate friction at the beginning of crisis and confusion. I hope you will not adjourn without
of a new State administration and to give an immediate clearly taking care of this situation.
opportunity to any man who has been chosen by the people
of Florida to the high responsibility of the Governor's office UNEMPLOYMENT COMPENSATION
to assume and carry out those responsibilities without hin- In the field of leg nation important t ind try abor,
drance from the very moment tfhat he enters office. In the field of legislation important to industry and labor, I
dance from te very moment that he enters office. recommend to you the passage of a suggested amendment to
PAROLE BOARD the State Unemployment Compensation Act which has been
The third proposed measure in this field which I recom- drafted through the joint efforts of the State and Federal of-
mend for your consideration is the passage of the measure ficials in this field and which, I believe, includes factors that
setting up a State Parole Board and carrying out the mandate will make the Act more serviceable to labor, to industry, and
given by the people last Fall when they adopted the con- to the public.
stitutional amendment on this subject. I knew little of the The first of these factors is one which raises the minimum
problems of the Pardon Board before my inauguration. I had benefit payments from $3.00 per week to $5.00. Experience
never appeared before that Board and did not realize what has shown that, if any benefit is to be paid at all. it must be
a tremendous drain it now places upon the time, energy and that large to be worthwhile. It has also been found, under
conscience of the flye constitutional officers who compose the operation of the law as now drawn, that the number of
that Board. Their time is much more than fully occupied in employees entitled to draw benefits has been too greatly cur-
transacting the necessary business of the State, and I believe tailed by reason of the high and varying amounts of credits
that it is a thoroughly inefficient practice to continue re- required to qualify one to receive benefits. The setup has been
quiring them to devote any large amount of time to the sub- so artificial that only a few dollars difference in credits be-
ject of clemency to persons convicted of crime. I have found tween two unemployed workmen has resulted in the payment
that it is a large field requiring the service of an impartial, of material benefits to one and the complete denial of any
fact-finding agency. The problems resulting from non-uni- benefits to the other. The proposed amendment will correct
form sentences, later discovered facts, and individual situations this situation by reducing to $200.00 the amount of credits re-
affecting prisoners, require the full time, professional and quired uniformly of all persons to qualify them to receive
non-political service of a qualified group of persons who will benefits. The increased number of persons thus permitted to
do nothing else but try to serve the cause of humanity and receive benefits and the raising of the minimum weekly bene-
of justice and at the same time save the money of this State fit payment to $5.00 will, according to the report of the stati-
through the proper operation of a parole system. I, there- sticians, increase the total amount of benefits paid by about
fore, commend for your consideration and passage the care- 20%, which the system can stand.
fully drawn bill which has been drafted by a committee of
able lawyers and laymen interested in this subject who were The last principal change proposed by the amendment is to
requested by the State Pardon Board to render this service. give effect in part to the experience rating credit promised
This bill has also been checked by the Attorney General, and both in the 1937 and 1939 Acts to those employers who. by
I believe that it makes a sound basis for real progress toward their actual records under the Act, have shown that unemploy-
better government in this field. ment conditions in their businesses do not justify or require
the continued payment of the full tax of 2.7% on their pay-
STATE ROAD PATROL rolls. The experience rating credits proposed will be, of course,
As a fourth proposal in this field I recommend for your less than the full amounts justified by the records of the em-
consideration and passage an Act to strengthen the State oloyers affected, but the credits given will represent a sincere
Road Patrol as created by the 1939 Legislature. This legisla- effort on the part of the State to keep faith with the employers

10 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 8, 1941

who have performed well, oftentimes by keeping on the payroll of the State Budget Board, are proposals to double the State
employees whose services were not actually needed, appropriation for industrial and vocational education and to
I am glad to be able to report that the Unemployment Con- materially increase the appropriation for education in Agricul-
pensation Fund now amounts to about $13,500,000.00 and that ture and Home Economics. These suggestions are in line with
it appears quite safe to allow the credits mentioned above. To the trend of the Nation, under national defense, to turn to
prevent any too great depletion of the fund, however, the pro- the practical training of our youth.
posed amendment provides that whenever the fund falls below SALARY BUYERS
$12,000,000.00 the full amount of payroll tax must be paid by T s o, F. E. A, as l as
all employers, regardless of how favorable a showing is made The State Teachers organization, F. E A., as well as the
by their own records. Kiwanis Clubs and others, are taking a strong stand for the
enactment of a law to regulate salary buyers. On this point,
You are familiar, of course, with the fact that in, 1939 the it is my conviction that the continued unregulated operation
Federal Congress amended the Unemployment Compensation of the so-called salary buyers in the State of Florida consti-
provisions of the Social Security Law so as to exclude from its tutes an evil which should not be further tolerated. Repeated
benefits employees handling fresh fruits and vegetables. This instances are known to you, no doubt, as they are to me, in
automatically excluded from the benefits of the system our cit- which teachers and other small salaried employees and wage
rus packing house workers who have constituted the largest earners have fallen into the clutches of usurers of this type,
group of beneficiaries of the system up to this date. During the and have been forced to pay interest at the rate of 5% per
year 1940 payments made to this group were larger in the ag- week, or 260% per year, or even more over long periods of
gregate than benefits paid to any other group but none can time. I believe that there is a public resentment against the
be paid from now on. In view of the condition of the Federal unregulated continuance of this type of business, and I strong-
law, the handling of this problem by the State involves a new ly recommend the passage of the proposed Act bringing this
and different situation from any that has been handled here- tivity within the field of the regulated small loan business
tofore in Florida. I want you to know that the State and and under the supervision of the State Comptroller.
Federal agencies affected, as well as the groups of employers
and employees, have been studying this question and are con- STATE FINANCE-ECONOMY
tinuing their study, and I shall hope to have a recommenda- I am glad to report to you that the general financial con-
tion to make to you as a result of their work by which work- edition of the State has improved somewhat in the last three
ers in the fresh fruit citrus industry may be again included months. I have already mentioned the large increase in au-
within the system. I think that such a program should be tomobile tag money and the considerable increases in revenue
worked out in fairness to the employees and also for the pro- from gasoline and beverage taxes. I am pleased to be able to
section of the employers and general business groups who are report to you that we have been able to effect some economies
so vitally affected. The present situation, under which can- which likewise contribute to the improved situation. With
nery workers in the citrus industry are entitled to receive ben- reference to the Motor Vehicle Department, I should have
efits and fresh fruit workers are excluded, is most unsatis- mentioned that the largely increased revenue has been col-
factory and, I think, should not be continued. elected by a reduced force and at a saving of better than $4,000
PUBLIC SCHOOLS per month. In the State Road Department we have been able
to reduce the payroll materially without, I think, affecting
On that most vital problem, the public schools, I am glad to the efficiency of the Department. Contrasting the payroll of
report to you that their situation has been somewhat improved that Department with its payroll expense during the three
in recent months through the increase in revenue from several months immediately prior to this year we find that there have
sources which are earmarked for use by the public school sys- been reductions each month beginning with a reduction of
tem. The principal increase thus far has been in the sale of over $7,000 in January, which has grown to a reduction of
license tags for motor vehicles which, on April 5, showed an in- $28,000 for the month of March. We have likewise effected
crease of over $1,133,000 above this same date in 1940, and economies in the State Road Patrol and we shall continue to
actually showed on that date that more revenue had been re- economize in all of the Departments which are directly answer-
ceived from this source than was received throughout the able to me. I feel sure that the Cabinet officers are, each of
calendar year 1940. This should assure the receipt by the them, making similar efforts to reduce state expense. I know,
schools of their full $800 instruction unit appropriation from too, from talking to the President of the Senate and the Speak-
the State on time and without any uncertainty. er of the House, as well as many members of both houses, that
In the matter of gas tax money, I am glad to report that the Legislature intends to effect every economy possible in its
receipts for the last five months ending April 1 show an in- own operation, and I congratulate you warmly upon that atti-
creased revenue from this source of a little more than eleven tude. I am sure that the public will show you its very great
(11) %. Applied to the half of the seventh cent gas tax which appreciation for the critical time cries to high heaven for
comes to the schools, this increase indicates that the schools economy.
will receive from this source an addition of more than $200,- When I came into office, the report of the Comptroller
000 this year as compared with last. I strongly recommend showed there were then filed in his office unpaid bills in an
the re-enactment of the seventh cent gas measure early in amount more than $1.700,000 extending back as far as June
the session, of last year. Due to the collection of seasonal taxes, the im-
There is also a very definite increase in the amount of reve- proved collection of revenue in the several particulars men-
nue from the State Beverage Department,, which will likewise tioned and others, and to economies effected, the fiscal con-
assist the schools. The only doubtful factor affecting their edition of the State is, of course, coming to a much more nearly
receipts from State revenue has to do with the action taken current condition. The schools are paid up to date and the
by this Legislature on the gross receipts tax. I have always bills against general revenue have been paid off for 1940, and
favored the repeal of this tax, which I think is an unfair one, the Comptroller is now paying bills of this year. In order to
and I still unqualifiedly favor its repeal, but I would call to bring the business of the State to current condition, however,
your attention the fact that when it is repealed it will cut off it will be necessary to secure additional money in the General
school revenue which amounted to about $1.900.000 in 1940 Revenue fund. As a first step in this matter, I strongly recom-
and that, therefore, its repeal should not be accomplished mend to you that you make available for the General Revenue
without first providing substitute revenue in a like amount Fund the proceeds from the sale of so-called Murphy Act
which can be secured with certainty for the schools. The prin- lands, which proceeds are now being held in the Treasury in
cipal permanent problem of school finance, as I see it. has to do a separate account in the amount of $709,794.14 as of April
with the improvement of the local sources of revenue, that is 5. This sum and other proceeds from Murphy sales will, if
the revenue received from county and special school district placed in the General Revenue Fund, enable the state to meet
taxation. This subject is, of course, tied in with the whole the expenses of the Legislature in cash, which amount last
subject of taxation which, as already stated to you, I intend session to over $450,000, but which I believe you will greatly
to consider in detail in a subsequent message. Involved as the reduce this session. I assure you that if you see fit to turn this
schools are, as to their local revenue, in the whole question of fund over to General Revenue you may be certain that enough
necessary improvement of our ad valorem tax structure, it of it will be earmarked to cover the expense of this session.
would be a peculiarly untimely and hurtful blow if the State It seems to me just and proper that this fund should be turned
should take now any action to jeopardize payment of the over to General Revenue, not only because it is almost impos-
amount which it is furnishing to the public school system. In sible to handle it practically in any other way, but also be-
critical times like these, public education in a democracy be- cause the State has such a large equity in it. On the first
comes more important, rather than the reverse. I think it point, it is practically impossible to divide this fund equitably
is of interest that the only material increases in suggested among all the 67 counties and the other almost innumerable
appropriations for the schools, as will appear from the report units of government which would have an interest in it, such

April 8, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 11

as special road and bridge districts, school districts and many Surely no Floridian will countenance for a moment our doing
others. In the taking of title in the State to hundreds of less than our full fair share in meeting the demands of an
thousands of individual tracts, there was behind each parcel, "all out" nationwide program which, in addition to all of its
as a rule, a long string of tax certificates representing delin- other aspects, is bringing material growth and temporary
quent taxes. In each of those certificates many different prosperity to many portions of our State.
governmental units had an interest, and the millage for each In addition to all this, however, we have the imperative
unit differed from year to year. The Comptroller tells me need of helping the municipalities by granting the just request
that the task of trying to apportion the fund among the many which they have been making for years that the connecting
units involved presents obstacles which he regards as utterly links of State highways passing along their dity streets be
insuperable from any practical standpoint. Aside from this, taken over for maintenance and when new roads are built or
the State paid the publication fees for publishing the tax lists reconstructed entering such cities, such streets shall be re-
upon which each of these certificates was based, and the State constructed or constructed with the same type of pavement
likewise paid the fees allowed the county officers in connection by the State Road Department. The people in the cities pay
with the services covered by the certificates. The Comptroller gas tax like everyone else and are entitled to equal considera-
advises that his records show that the State has, in actual tion and, besides, the traveling public has to travel the State
cash advanced for costs of this kind, an investment of more road mileage which goes through towns just exactly as it
than $300,000, besides which the State has carried much of travels any other State road mileage. I am recommending,
the overhead cost of the whole involved system required to therefore, that at this session the Legislature pass the Act re-
handle the delinquent tax procedure. Aside from this, the quested by the cities on this subject. I recognize, however,
State has withdrawn from the ad valorem tax field, leaving that this action, though fair and long overdue, will result in
it wholly to the local units. It is my strong recommendation, even greater demands for maintenance upon our State Road
therefore, in which I am joined by all members of the Cabinet, Department. It seems to me, therefore, that in order to serve
that the proceeds of Murphy Act Lands be turned over to the our own welfare, as well as do our part in the national defense,
General Revenue Fund. we are faced with the necessity of finding substantial new
"STATE ROADS AND ROAD BONDS sums with which to increase largely our program of mainten-
T ance and construction of State roads. The State must con-
I desire now to discuss as briefly as I can the involved ques- tinue its road program rather than stand still or go backward.
tion of the maintenance and construction of the State road and it could easily go backward in the vital matter of travel
system and also the closely related subject of the best possible on our highways if it should continue the present wholly in-
use of the second gas tax of three cents which is devoted pri- adequate road program,
marily to the reimbursement of the counties and special road a n -ei
and bridge districts for expenditures incurred by them in con- The only available source to which we can turn for adde
structing public roads which later became parts of the State revenue for State roads is the second gas tax of three cents.
road system. The whole gas tax consists of seven cents, of I well realize that this tax was created to serve primarily an-
which the seventh cent, divided equally between the schools other purpose and a wholly necessary purpose which must con-
and General Revenue, must, because of the great needs of the tinue to be served, namely: the reimbursement of our counties
schools and of the General Revenue fund be continued as it is. and districts for their contribution to the State road system.
The first gas tax of three cents goes to the State Road Depart- I think it s easily possible, however, to continue to carry out
ment directly for State road purposes, but more than one cent this purpose in a much more economical, more secure, and
of it is required for upkeep of convicts, for engineers and other more permanent way than has been done e te present
personnel, and for necessary expenses. In spite of all the law, and at the same time divert one cent of the second gas
"economies which e have effected and expect to effect, we tax to State road construction, and I would like to discuss with
will still have less than two cents of this first tax with which you the method by which I think these two results can be
to maintain, reconstruct, and construct the State road system. attained.
I think it useless to mention the deplorable condition which has In the first place, I feel that the counties and districts which
been created and is rapidly growing worse on many of the still have unpaidroad bonds are entitled to have an extension
State highways. The normal traffic has, of course, greatly in- of the credits set up for them in the 1931 Act so as to provide
creased, as clearly shown by the increase of gas tax revenue of for their full reimbursement for the cost of roads constructed
more than 11 per cent in the last five months. In addition to by them and turned over to the State system. I realize fully
this, there is a vast amount of traffic in connection with na- that many counties are in a critical situation in their own fin-
tional defense which does not pay gas tax and which is an ances because of their outstanding bonds. Of nineteen counties
added load on our road system. I do not think it is overstat- which on March 31 had received full reimbursement for their
ing the matter to say that in many places the road system is credits established under the 1931 Act, only two are without
deteriorating so rapidly that unless quick relief is given it will outstanding road and bridge bonds. All of the other seven-
shortly be destroyed for all normal traffic uses. teen still have bonded indebtedness, and they have no credits
Aside from all this, for the first time since Federal Aid for entitling them to receive funds from the second gas tax to
roads was provided, we are finding it impossible to match Fed- apPly on their outstanding bonds. Seven additional counties
eral funds by actual contracts let before expiration of the Fed- will exhaust their credits during this year, which will make
eral fiscal year. We shall not lose any Federal aid as we are the critical situation even more widespread than it is now.
preparing to bind it:for use during the next fiscal year be- I recognize, therefore, as a first responsibility in this field, the
ginning July 1, but the problem will simple continue to get necessity of setting up additional credits for the counties. As
heavier until more money for construction is made available a member of the Legislature, I recognized this responsibility
The only answer is that increased funds must be made avail- through long weeks of the 1939 session in the effort to bring
able for maintenance and for improvements, such as widening, to the floor bills on this subject which could be passed, and
eliminating curves and building stronger bridges. We would we finally brought them out as Senate Bills 1216 and 1217.
be killing the goose that lays the golden egg if we should per- I personally steered these two bills to passage on the floor of
mit this ruin of our highways to be accomplished because of the Senate, along with their companion Bills, 1218 and 1219.
insufficient financial support, and we would, besides, be do- I am still in complete accord with the necessity of setting up
ing a most unpatriotic thing in this time of great .national the additional credits as attempted in Bills 1216 and 1217. I
need, when our trunk highways have become most important have a very strong conviction, however, as to the relative
links of communication. I am not speaking at the moment soundness of 1216 and 1217, and I would not be true to my
of the access roads to the fourteen national defense bases in trust if I did not statemy conviction to this Legislature, as I
this state, but rather of the adequate maintenance and the stated it on the floor of the Senate in 1939.
safer construction and reconstruction of the trunk highways It is my opinion that Bill 1217 is entirely sound from the
by which the vastly increased travel needs must be served. The legal and practical standpoint. It was designed simply to
one item of stronger bridges on our trunk highways, considered bring to date the 1931 Act without any change whatsoever ex-
by itself, presents an imperative need. We also should and cept to allow additional credits for the county and district
must cooperate with the national government in playing our roads designated as State highways from 1931 up to 1939. I
part in building the access roads to the defense camps. We am not equally sold on the soundness of Bill 1216. There is
shall stoutly maintain that much of these roads constitute Fed- no need to argue it here, but I feel that the allowing of cred-
eral needs which should be met by Federal funds, and I am its to the counties for interest on their bonds, both paid and
sure that Congress will shortly recognize that principle by unpaid, is a serious departure from the plan of the 1931 Act
making the appropriation now pending, but that will still leave and I doubt whether the Courts will uphold it. I see no rela-
for us a material contribution in that field, both by way of tion between the cost of the local roads when constructed and
furnishing engineering services and supervision and by way of the interest contracted to be paid for the money with which
oTT,- o ,no 1,f +Q ,rtc- nrf n-w, c,,,+rri n ,f tipcp Qp, mos tbhf rnads were constructed. Furthermore. I am particularly

12 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 8, 1941

skeptical of that part of Bill 1216 which allows credits to the sinking funds in other bonds secured by the terms of the
counties reimbursing them for interest on cash payments which amendment. These provisions would effectively save from
they made for road construction although they paid no inter- default and from the necessity of levying ad valorem taxes
est. This provision would allow them to collect from the State many counties which would otherwise be in difficulty. The
interest which they had never paid. I have always felt that further levy of ad valorem taxes in the counties for that
this was hopelessly bad. I have no criticism whatever to make purpose would become unnecessary, and the full retirement of
of anyone who entertains a different view, and I certainly do all road bonds would be provided for on a secure basis with-
not oppose in any Way the overriding of the veto of the for- out entailing, as at present, the open question of what may
mer Governor on this Bill, if that course seems wise in the be done at any session of the Legislature by way of taking
judgment of this Legislature. But I do feel that the part of the second gas tax from behind the bonds. I believe that
wisdom is to rely strongly upon 1217 and to build the credits this set-up is more secure and should be more advan-
included therein to as large a sum as is legitimate. The cred- tageous to the counties from that standpoint, and that it
its covered by 1217 can be largely and properly increased by would enable the refunding of the bonds at lower rates of
extending 1217 so that it will allow credits for county and interest than have ever been possible so that the counties
district roads taken over by the State in the 1939 session and and the State would get the utmost value out of each dol-
at this session. This course will set up adequate credits to lar of gas tax money. It has been for years a source of
protect all counties for the next two years, whereas 1217, in grave anxiety to the taxpayers of the State, as well as to
its present form, does not fully protect some counties. It seems the public officials, that these gas tax funds were being paid
to me to be the part of wisdom for this course to be followed, out on interest rates so high as to be unthinkable on bonds
and I think that the matter of credits due to all counties can being paid off by a State raised tax. Such a course has in
be fully and finally provided by this course which is a worth- effect penalized the State and everybody in it because of
while objective in itself. Feeling this way about it, I would do the constitutional provision which prohibits State bonds. I
less than my duty if I did not suggest this enlargement of think that is a fine provision, but I am sure it is not being
Bill 1217 to this Legislature. It makes no material difference used to our advantage, when we raise funds by State taxation
whether or not this objective is carried out by first overriding and underwrite the bond issues of local units, which have
the veto of the former Governor on Bill 1217 and then pro- had to pay high and unconscionable rates of interest because
ceeding to amend it in the various ways required. The im- of their limited credit. The proposed amendment will also
portant thing is to get the job done. I feel, however, that provide that any county which has a surplus in any year
the most workmanlike course, and the safest course to follow over its road bond debt requirements shall have such surplus
is to rewrite Bill 1217 so as to accomplish the objective desired distributed for use in the county for road purposes on the
and then promptly enact the rewritten and enlarged bill cov- 80-20 basis. The amendment will also provide that counties
ering all of the proper credits for the counties which can be now having no road bond debts or those counties whose road
secured under such a bill. A rewritten Bill 1217 has already bonds will be fully paid in future will continue to participate
been prepared for your use if you want it. During the brief to the full extent of their annual allocations in the proceeds
period of consideration of this enlarged Bill 1217, the original of the two cents of the second gas tax during the life of the
vetoed 1217 could be left on the calendar subject to your im- amendment exactly as in the case of a surplus. Thus the
mediate action on it, if you ever feel it desirable to take such amendment will continue without change the distribution
action, provided by the 1931 Act and, in addition, the periodical
The main point I am making is that I hope and request distribution of surpluses. There is no way open to the people
that, as a first item of business in this vital field, the Legisla- of this State by which they can save more money for them-
ture may definitely dispose of the question of credits for the selves than by the proper use of two cents of the second gas
counties without injecting, in any way, any conflicting issue tax in underwriting the road bonds, as would be done by the
either having to do with the submission of any proposed consti- proposed amendment. The amendment has been carefully
tutional amendment on the subject or with the diversion of drawn and is ready for introduction, but I hope that you will
any portion of the second gas tax to the State Road Depart- not consider it until the question of credits for the counties
ment. If any other issue is brought up before the credits to has been settled and the necessary amendments to Senate
the counties are settled, it may produce confusion and unnec- Bill 1218 likewise passed.
essary conflict, and this is no time for either. As the final item of legislative business in connection with
After the matter of credits to the counties has been properly this whole field of better use of the second gas tax, I recom-
disposed of, it is then my recommendation that you consider mend the adoption of a proposed Act by which one-third
amendments to Senate Bill 1218 which would, if passed, re- of each of the three cents covered by the 1931 Act and by
define the word "surplus" as used in that Act and in the 1929 subsequent measures may be given to the State Road Depart-
Act and 1933 Act so as to permit of the creation and use of a ment for use in the maintenance and construction of State
surplus by the State Road Department and the counties on roads. This will leave the distribution of the remaining two
the 80-20 basis set up by the Act whenever the current needs cents among the counties on exactly the same basis as set
of the counties to pay interest and maturities on their bonds up by the 1931 Act. I do not believe that it is wise to attempt
have been met, and when the sinking fund requirements have to disturb in any way the percentages fixed by the audit
been met, I think that the option should be left to the several made after the passage of the 1931 Act. The Courts have up-
counties to have their so-called surpluses left in their sinking held the 1931 Act and I feel that it is unwise to disturb it in
funds, if they so desire, as some counties may wish this to be any way, except by the diversion to the State Road Depart-
done, though I feel that most counties will want their surpluses ment of one-third of each of the three cents covered by said
used in the construction of roads within their limits as provid- Act. This diversfon will do no harm whatever to any county,
ed by Bill 1218. Senate Bill 1218 already provides that a sur- but will leave ample funds for use during the next two years
plus may be expended on any designated State road in the while the proposed constitutional amendment is pending, so
county rather than on State roads of the preferential system that every county or district can protect itself against default
only, as provided in the 1931 Act, so that.there is no need for without raising the ad valorem tax which it is now levying.
change in that regard. Some counties would have to be protected by investing the
Another important change, however, which I think should sinking funds of other counties in their bonds, but such sink-
be made in Senate Bill 1218 is to provide that the sinking ing funds are already on hand in an amount much more
funds of any county or district bonds in the hands of the than sufficient to guarantee this protection. The report of
State Board of Administration can be invested in the un- the State Board of Administration showed cash in sinking
matured or matured bonds of other counties or districts funds on hand last Fall in an amount of nearly eight million
which are backed by the second gas tax. There can be no dollars, and I understand that that amount is now increased
risk in this type of investment, as the gas tax credits will to almost ten million. These funds are in addition to funds
be more than ample to pay off the bonds. in the Kanner account and sinking fund investments which
As a third item of business in this particular field, I sin- amounted to an additional seven million dollars on Sept.
cerely recommend that you consider the submission of a 30, 1940.
proposed constitutional amendment by which two cents of At this time of grave crisis, when all of the State needs
the second gas tax will be pledged to road bond retirement so badly the additional funds for road construction which
and will be securely placed behind the unpaid road bonds of would be allowed it under the program just outlined and when
the counties and districts by freezing the provisions of the no county or district can be harmed by carrying out these
1931 Act for a sufficient period of time to guarantee the recommendations, I cannot see why there should be any seri-
retirement of outstanding road bonds. This amendment would ous objection to the program. The main objectives are four:
allow the issuance of gas tax anticipation certificates at not First, to set up ample credits for the counties. Second, to
more than 3% interest and the privilege of investment of prevent defaults in all counties. Third, to provide for the

April 8, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 13

permanent retirement of the bonds and for lower interest The roll was called and the following members answered
rates by pledging two cents of the gas tax thereto. Fourth, to their names:
to use money, not needed by the counties for the retirement Mr. Speaker: Messrs. Acosta, Allen, Andrews, Ayers,
of bonds, for maintenance and construction of State roads. I Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady,
sincerely believe that all of the objectives are carried out by Bryan, Burks, Burwell, Butt, Carroll, Carswell, Cawthon,
the program I have outlined. But the thing in which I am Chavous, Clark, Clement (Pinellas), Clements (Columbia),
interested is to get these objectives carried out and not to Commander, Cook, Crary, Croft, Davis, Dixon, Dowda, Drig-
follow any fixed path in doing so. gers, Dugger, Dunham, Getzen, Gillespie, Graves, Gray, Har-
I hope we will all remember, however, that there are cer- rell, Harris (Alachua), Harris (Pinellas), Hatch, Helie,
tain bond promoters in our midst who are interested in high Hendry, Holt, Horrell, Hosford, Inman, Jenkins, Johnson,
interest rates for the bonds, in non-callable bonds, in fre'- Junkin, Lambe, Lane, Lanier, Leaird, Leedy, Leonardy, Lewis,
quent refundings awnd large refunding fees, and in keeping Littlefield, Luckie, McDonald, McLane, Middleton, Minshall,
just as large as possible the pool of gas money available for Morrow, Murray, Overstreet, Papy, Peeples, Perry, Potter,
the bonds, regardless of how greatly that pool may exceed the Priest, Riddles, Rivers, Rogers, Safford, Scales, Shafer, Shave,
actual need or how badly the money is needed to serve the Sheldon, Shivers, Simpson, Slappey, Smith, Strayhbrn,
people of the state. In view of this known situation, which Stewart, Thomas, Toland, Turner, Vathis, Versaggi, Williams,
is borne out by the experience under the 1931 Act ever since Wiseheart, Wotitzky, Yaeger.-95.
it was enacted, I sincerely hope that this Legislature will alert- A quorum present.
ly seize upon this session as the opportunity to settle this
whole question forever, and will be on the lookout for opposi- The Speaker announced the appointment of the following
tion to this or any other program designed to better serve standing committees:
the public.
te public. COMMITTEE ON AGRICULTURE
APPOINTMENTS GO TO SENATE Harris of Alachua, Chairman; Commander of Holmes, Vice-
Before closing I beg to advise you that I shall transmit to Chairman; Andrews of Madison, Ayers of Gilchrist, Brackin
the Senate tomorrow the full list of appointments of Circuit of Okaloosa, Bryan of Hardee, Cawthon of Leon, Clark of
Judges and State Attorneys nominated in the primaries last Calhoun, Clements of Columbia, Croft of Lafayette, Davis of
year and will likewise at the same time transmit the list of Gadsden, Driggers, Jr;, of Union, Helie of Escambia, Hendry
all of my own key appointments which are subject to of Okeechobee, Inman of Bradford, Lambe of Jackson, Mc-
Senate confirmation. Donald of Hillsborough, Simpson of Jefferson, Strayhorn of
CONCLUSION Lee, Wiseheart of Dade.
And now, I apologize to you because of the great length COMMITTEE ON AMERICANISM
of this message, but I feel that the condition of our State Perry of Sarasota, Chairman; Toland of Hillsborough, Hor-
and Nation not only justifies my passing on to you the facts rell of Orange, Bennett of Duval, Brackin of Okaloosa, Drig-
which I have given you concerning the condition of our gov- gers of Union, Crary of Martin, Graves of Indian River, Wise-
ernment and the recommendations for legislation by which I heart of Dade.
think our people can be better served, but also- compels me
to do everything in my power to try to help you in solving COMMITTEE ON APPROPRIATIONS
the perplexing problems which confront us all. I have had Sheldon of Hillsborough, Chairman; Jenkins of Alachua,
the honor of serving as a member of the Legislature during Vice-Chairman; Andrews of Madison, Ayers of Gilchrist, Bailey
four sessions as a colleague of many of you, and I know of Bay, Clark of Calhoun, Graves of Indian River, Helie of
something of the problems which beset you. I respect the Escambia, Hosford of Liberty, Leaird of Broward, Luckie of
desire, which I believe is in the heart of each one of you, Duval, Riddles of Walton, Slappey of Gadsden, Stewart of
based upon sincere love of your State and Country, to render Hendry, Thomas of Lake, Vathis of Franklin, Versaggi of
every bit of constructive service that is possible during these St. Johns, Wiseheart of Dade, Yaeger of Leon.
sixty days. I want you to know that I stand ready to render
every bit of help that it is possible for me to give you, either COMMITTEE ON AVIATION
personally or through my Executive Secretary, Mr. Ralph Wiseheart of Dade, Chairman; Perry of Sarasota, Vice-
Davis, and my Legislative Secretary, Mr. Henry Sinclair, who, Chairman; Bennett of Duval, Butt of Brevard, Cawthon of
as a former member of your body, should be particularly able Leon, Horrell of Orange, Lane of Manatee, Littlefield of
to assist you in practical ways. Not only our time and energy, Volusia, Toland of Hillsborough.
but also the entire facilities of our office and our office force
are at your command. I am sure that the same statement COMMITTEE ON BANKS AND LOANS
applies to every member of the Cabinet, every Department Stewart of Hendry, Chairman; Scales of Taylor, Vice-
head and every other State servant here at Tallahassee. I Chairman; Bailey of Bay, Best of Suwannee, Boyd of Man-
think that we all realize the almost overwhelming weight of atee, Burwell of Broward, Carroll of Osceola, Clements of
responsibility which you feel resting upon your shoulders at Columbia, Cook of Flagler, Dugger of Baker, Harrell of
this critical time. I, tdo, feel that responsibility, and I am Hamilton, Leaird of Broward, Papy of Monroe, Rivers of
sure that we all owe and will give to each other the utmost Clay, Rogers of Marion, Sheldon of Hillsborough, Slappey of
of frankness, sincerity and cordial cooperation in order that Gadsden.
the service which we may jointly render may not fall short
of the expectations of our people. It will be my earnest COMMITTEE ON BUILDING & LOAN ASSOCIATIONS
hope and prayer that Divine Guidance may be always present Jenkins of Alachua, Chairman; Dowda of Putnam, Vice-
during your deliberations, and that your adjournment will Chairman; Best of Suwannee, Getzen of Sumter, Gray of
mark the attainment of lasting objectives of great importance Bay, Gillespie of Volusia, Graves of Indian River, Scales of
in the history of this State and in the further safeguarding of Taylor, Smith of Citrus, Williams of Hernando.
the lives and institutions of the free people of the great and COMMITTEE ON CANALS AND DRAINAGE
progressive State of Florida, which we all love.
The President of the Senate in the Chair. Peoples of Glades, Chairman; Junkin of Collier, Vice-
Chairman; Allen of Levy, Beck of Palm Beach, Bennett of
Senator Shuler moved that a committee of three be ap- Duval, Burwell of Broward, Cook of Flagler, Dunham of
pointed to escort Mrs. Spessard L. Holland, wife of the Gov- DeSoto, Graves of Indian River, Hendry of Okeechobee, Lanier
ernor, to the rostrum. of Highlands, Overstreet of Dade, Rogers of Marion, Stewart
Which was agreed to. of Hendry, Strayhorn of Lee.
Thereupon the President of the Senate appointed Sen-
ators Shuler and Graham and Mr. Morrow who escorted COMMITTEE ON CENSUS AND APPORTIONMENT
Mrs. Spessard L. Holland, wife of the Governor, to the ros- Versaggi of St Johns, Chairman; Boyd of Manatee, Vice-
trum where she was introduced by the President of the Chairman; Allen of Levy, Beck of Palm Beach, Dugger of
Senate to the members of the Joint Session. Baker, Leaird of Broward, McDonald of Hillsborough, Potter
Senator Housholder moved that the Joint Assembly do of Marion, Safford of Polk, Shave of Nassau.
now dissolve and the Senate resume its session in the Senate COMMITTEE ON CITIES AND TOWNS
Chamber. Shave of Nassau, Chairman; Johnson of Lake, Vice-Chair-
Which was agreed to. man; Acosta of Duval, Ayers of Gilchrist, Bailey of Bay,
And the Senate withdrew to its Chamber. Burks of Pasco, Clark of Calhoun, Clement of Pinellas, Clem-
The House was called to order by the Speaker at 4:37 P. M. ents of Columbia, Hendry of Okeechobee, Holt of Dade,

14 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 8, 1941

Inman of Bradford, Jenkins of Alachua, Lane of Manatee, COMMITTEE ON ELECTIONS
Leaird of Broward, Rivers of Clay, Shafer of Polk, Sheldon of Bennett of Duval, Chairman; Lane of Manatee, Vice-Chair-
Hillsborough, Simpson of Jefferson, Yaeger of Leon. man; Butt of Brevard. Clements of Columbia, Croft of Lafay-
COMMITTEE ON CITRUS FRUITS ette, Gillespie of Volusia, Helie of Escambia, Holt of Dade. Jen-
kins of Alachua, Leaird of Broward, Thomas of Lake, Turner
Butt of Brevard, Chairman; Shafer of Polk, Vice-Chairman; of St. Johns.
Boyd of Manatee, Bryan of Hardee, Burks of Pasco, Burwell
of Broward, Carroll of Osceola, Clement of Pinellas, Crary COMMITTEE ON ENGROSSED BILLS
of Martin, Graves of Indian River, Horrell of Orange, Lanier Middleton of Putnam, Chairman: Carswell of Wakulla. Vice-
of Highlands, Leonardy of Seminole, Littlefield of Volusia, Chairman; Acosta of Duval, Allen of Levy, Commander of
McDonald of Hillsborough, Middleton of Putnam, Overstreet Holmes, Dugger of Baker, Morrow of Palm Beach, Versaggi of
of Dade, Thomas of Lake, Williams of Hernando. St. Johns.
COMMITTEE ON CLAIMS COMMITTEE ON ENROLLED BILLS
Burks of Pasco, Chairman; Riddles of Walton, Vice-Chair- Dowda of Putnam, Chairman; Best of Suwannee, Vice-
man; Beck of Palm Beach, Bryan of Hardee, Chavous of Chairman; Andrews of Madison; Bonifay of Santa Rosa, Brady
Dixie, Clement of Pinellas, Dugger of Baker, Peeples of of Seminole. Croft of Lafayette, Leonardy of Seminole, Turner
Glades, Safford of Polk, Shave of Nassau, Sheldon of Hills- of St. Johns, Wotitzky of Charlotte.
borough, Smith of Citrus, Stewart of Hendry. COMMITTEE ON FINANCE AND TAXATION
COMMITTEE ON COMMERCE AND NAVIGATION Leedy of Olange, Chairman; Overstreet of Dade, Vice-Chair-
Gray of Bay, Chairman; Helie of Escambia, Vice-Chair- man; Bennett of Duval, Brackin of Okaloosa, Burwell of
man; Acosta of Duval, Burwell of Broward, Butt of Brevard, Broward, Butt of Brevard, Carroll of Osceola, Crary of Martin,
Lewis of Gulf, Minshall of Pinellas, Papy of Monroe, Saf- Harrell of Hamilton, Johnson of Lake. Lanier of Highlands,
ford of Polk, Vathis of Franklin, Wiseheart of Dade. Littlefield of Volusia, McLane of Escambia, Morrow of Palm
Beach, Minshall of Pinellas, Priest of Madison. Shave of Nas-
COMMITTEE ON CONSERVATION sau, Simpson of Jefferson, Strayhorn of Lee, Toland of Hills-
Papy of Monroe, Chairman; Vathis of Franklin, Vice- borough.
Chairman; Allen of Levy, Carswell of Wakulla, Cook of COMMITTEE ON FISH AND GAME
Flagler, Dowda of Putnam, Gray of Bay, Hendry of Okee- Lanier of Highlands Chairman Carroll of Osceola,
chobee, Lane of Manatee, Peeples of Glades, Perry of Sara- Chairman Hilands of Madison, Brackin of Osceola, Vice-
sota, Shave of Nassau, Stewart of Hendry, Strayhorn of Lee, of Chairman; ADunhamews of Madson, BGetzckin of OkalooaSumter, Clark
Versaggi of St. Johns, Wiseheart of Dade, Wotitzky of f Cahoun Dunam of DeSot Getzen of Sumter, Graves
Charlotte of Indian River, Holt of Dade, Leedy of Orange, Potter of
Marion, Shafer of Polk, Simpson of Jefferson, Yaeger of Leon.
COMMITTEE ON CONSTITUTIONAL AMENDMENTS COMMITTEE ON FORESTRY
Lewis of Gulf, Chairman; Littlefield of Volusia, Vice- Dixon of Jackson, Chairman; Hatch of Suwannee Vice-
Chairman; Acosta of Duval, Beck of Palm Beach, Carroll of Chairman; Bennett of Duval. Clements of Columbia, Davis of
Osceola, Cawthon of Leon, Clements of Columbia, Crary of Gadsden, Dugger of Baker, Gray of Bay. Harris of Alachua,
Martin, Harrell of Hamilton, Harris of Pinellas, Jenkins of Junkin of Collier. Lewis of Gulf, Priest of Madison, Rogers of
Alachua, Leaird of Broward, Leedy of Orange, McLane of Marion. Shave of Nassau, Shivers of Washington, Strayhorn of
Escambia, Overstreet of Dade, Perry of Sarasota, Shafer of Lee, Toland of Hillsborough, Yaeger of Leon.
Polk, Sheldon of Hillsborough, Simpson of Jefferson, Stray-
horn of Lee, Versaggi of St. Johns. COMMITTEE ON HOTELS AND INKEEPERS
COMMITTEE ON COUNTY OF S Potter of Marion, Chairman; Shivers of Washington, Vice-
COMMITTEE ON COUNTY OFFICIALS Chairman; Andrews of Madiscni, Dowda of Putnam, Junkin
Beck of Palm Beach, Chairman; Bailey of Bay, Vice-Chair- of Collier, Leaird of Broward, Lewis of Gulf, Papy of Monroe,
man; Bennett of Duval, Clements of Columbia, Croft of Wiseheart of Dade.
Lafayette, Dunham of DeSoto, Harrell of Hamilton, Leaird
of Broward, Murray of Polk, Toland of Hillsborough, Wotitzky COMMITTEE ON INDUSTRIES
of Charlotte. Turner of St. Johns, Chairman; Allen of Levy, Vice-Chair-
man; Brackin of Okaloosa, Brady of Seminole, Carswell of
COMMITTEE ON COUNTY ORGANIZATIONS Wakulla, Croft of Lafayette, Gillespie of Volusia, Luckie of
Acosta of Duval, Chairman; Brady of Seminole, Vice-Chair- Duval, Minshall of Pinellas, Murray of Polk, Potter of Marion,
man; Boyd of Manatee, Harris of Alachua, Harris of Pinellas, Priest of Madison.
Hendry of Okeechobee, Littlefield of Volusia, Riddles of Wal- COMMITTEE ON INSURANCE
ion, Shivers of Washington. H i V
Harrell of Hamilton, Chairman; Cook of Flagler, Vice-
COMMITTEE ON COUNTY ROADS AND BRIDGES Chairman; Bailey of Bay, Inman of Bradford, Leedy of Or-
Bonifay of Santa Rosa, Chairman; Croft of Lafayette, Vice- ange, Lewis of Gulf, Luckie of Duval, McLane of Escambia,
Chairman; Chavous of Dixie, Commander of Holmes, Gray of Scales of Taylor, Shivers of Washington, Slappey of Gadsden,
Bay, Harris of Alachua, Lambe of Jackson, Priest of Madison, Thomas of Lake, Wiseheart of Dade, Yaeger of Leon.
Strayhorn of Lee, Vathis of Franklin. COMMITTEE ON JUDICIARY "A"
COMMITTEE ON EDUCATION "A" Holt of Dade, Chairman; Butt of Brevard, Vice-Chairman;
Morrow of Palm Beach, Chairman; Dugger of Baker. Vice- Clement of Pinellas, Harrell of Hamilton, Johnson of Lake,
Chairman; Bonifay of Santa Rosa, Carroll of Osceola, Clark of Junkin of Collier, Leaird of Broward, Lewis of Gulf, Luckie
Calhoun, Crary of Martin, Driggers of Union. Graves of In- of Duval, McLane of Escambia, Morrow of Palm Beach, Shel-
dian River, Gray of Bay. Holt of Dade, Jenkins of Alachua, don of Hillsborough.
McLane of Escambia, Perry of Sarasota, Riddles of Walton, COMMITTEE ON JUDICIARY "B"
Simpson of Jefferson,, Yaeger of Leon. Strayhorn of Lee, Chairma'n; Beck of Palm Beach. Vice-
COMMITTEE ON EDUCATION "B" Chairman; Carswell of Wakulla, Dowda of Putnam, Gillespie
of Volusia, Jenkins of Alachua, McDonald of Hillsborough,
McDonald of Hillsborough, Chairman; Thomas of Lake, Priest of Madison, Rivers of Clay, Shafer of Polk, Wiseheart
Vice-Chairman; Bailey of Bay, Bennett of Duval. Boyd of of Dade.
Manatee, Cawthon of Leon. Getzen of Sumter, Harrell of Ham-
ilton, Lambe of Jackson, Littlefield of Volusia, Priest of Madi- COMMITTEE ON JUDICIARY "C"
son, Shivers of Washington, Vathis of Franklin, Versaggi of Crary of Martin, Chairman; Harris of Pinellas. Vice-Chair-
St. Johns, Wiseheart of Dade, Wotitzky of Charlotte. man; Chavous of Dixie, Cook of Flagler, Gray of Bay, Driggers
COMMITTEE ON EFFICIENCY of Union, Getzen of Sumter, Littlefield of Volusia, Perry of
Sarasota, Safford of Polk.
Davis of Gadsden. Chairman; Dixon of Jackson, Vice-Chair-
man; Bennett of Duval, Chavous of Dixie, Dunham of DeSoto, COMMITTEE ON JUDICIARY "D"
Lane of Manatee. Lanier of Highlands, Littlefield of Volusia, Luckie of Duval, Chairman; Leedy of Orange, Vice-Chair-
Morrow of Palm Beach. Potter of Marian, Overstreet of Dade, man; Holt of Dade, McLane of Escambia, Morrow of Palm
Shave of Nassau, Strayhorn of Lee, Toland of Hillsborough. Beach, Simpson of Jefferson.

April 8, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 15

COMMITTEE ON JOURNAL COMMITTEE ON PUBLIC LANDS
Brady of Seminole, Chairman; Rogers of Marion, Vice- Hosford of Liberty, Chairman; Lambe of Jackson, Vice-
Chairman; Bryan of Hardee, Commander of Holmes, Drig- Chairman; Ayers of Gilchrist, Bennett of Duval, Davis of
gers of Union, Perry of Sarasota, Rivers of Clay. Gadsden, Hatch of Suwannee, McDonald of Hillsborough,
Peeples of Glades, Perry of Sarasota, Scales of Taylor, Slap-
COMMITTEE ON LABOR pey of Gadsden, Stewart of Hendry.
Gillespie of Volusia, Chairman; Gray of Bay, Vice-Chair-
man; Acosta of Duval, Getzen of Sumter, Holt of Dade, John- COMMITTEE ON PUBLIC PRINTING
son of Lake, Leonardy of Seminole, Morrow of Palm Beach, Ayers of Gilchrist, Chairman; Wotitzky of Charlotte, Vice-
Shafer of Polk, Stewart of Hendry, Toland of Hillsborough, Chairman; Cawthon of Leon, Crary of Martin, Dunham of
Turner of St. Johns. DeSoto, Graves of Indian River, Helie of Escambia, Hendry
of Okeechobee, Morrow of Palm Beach, Perry of Sarasota,
COMMITTEE ON LEGISLATIVE EXPENSE Thomas of Lake, Turner of St. Johns.
Yaeger of Leon, Chairman; Burks of Pasco, Crary of Mar- COMMITTEE ON PUBLIC ROADS AND HIGHWAYS
tin, Dixon of Jackson, Driggers of Union, Lewis of Gulf, Mur- COMMITTEE ON PUBLIC ROADS AND HIGHWA
ray of Polk, Overstreet of Dade, Papy of Monroe, Slappey of Cawthon of Leon, Chairman; Burwell of Broward, Vice-
Gadsden. Chairman; Beck of Palm Beach, Bennett of Duval, Bonifay
of Santa Rosa, Carroll of Osceola, Graves of Indian River;
COMMITTEE ON LIVESTOCK Harris of Pinellas, Inman of Bradford, Johnson of Lake,
Carroll of Osceola, Chairman; Clark of Calhoun, Vice- McLane of Escambia, Overstreet of Dade, Papy of Monroe,
Chairman; Allen of Levy, Ayers of Gilchrist, Best of Suwan- Peeples of Glades, Sheldon of Hillsborough, Shafer of Polk,
nee, Bryan of Hardee, Commander of Holmes, Carswell of Shivers of Washington, Stewart of Hendry, Versaggi of St.
Wakulla, Davis of Gadsden, Driggers of Union, Dunham of Johns.
DeSoto, Graves of Indian River, Harris of Alachua, Hendry COMMITTEE ON PUBLIC UTILITIES
of Okeechobee, Junkin of Collier, Lambe of Jackson, Murray COMMent of Pi Chirm ; Prit of M is
of Polk, Peeples of Glades, Rivers of Clay, Rogers of Marion, Clement of Pinellas, Chairman; Priest of Madison, Vice-
Turner of St. Johns, Williams of Hernando. Chairman; Bonifay of Santa Rosa, Cawthon of Leon, Cook of
Flagler, Dixon of Jackson, Harrell of Hamilton, Holt of Dade,
COMMITTEE ON LOBBYING Inman of Bradford, Lane of Manatee, Leaird of Broward,
Andrews of Madison, Chairman; Dunham of DeSota, Vice- Leonardy of Seminole, McDonald of Hillsborough, Rivers of
Chairman; Dowda of Putnam, Harris of Alachua, Hatch of Clay, Shafer of Polk, Turner of St. Johns, Williams of Her-
Suwannee, Hendry of Okeechobee, Lambe of Jackson, Leon- nando.
ardy of Seminole, Perry of Sarasota, Williams of Hernando. COMMITTEE ON PUBLIC WELFARE
COMMITTEE ON LUMBER AND NAVAL STORES McLane of Escambia, Chairman; Best of Suwannee, Vice-
Inman of Bradford, Chairman; Rivers of Clay, Vice- Chairman; Andrews of Madison, Ayers of Gilchrist, Bennett
Chairman; Clark of Calhoun, Dixon of Jackson, Dugger of of Duval, Burks of Pasco, Burwell of Broward, Cawthon of
Baker, Harris of Alachua, Helie of Escambia, Scales of Taylor, Leon, Cook of Flagler, Crary of Martin, Croft of Lafayette,
Shivers of Washington. Dowda of Putnam, Getzen of Sumter, Holt of Dade, Inman
of Bradford, Rivers of Clay, Sheldon of Hillsborough, Thomas
COMMITTEE ON NATIONAL GUARD AND MILITARY of Lake.
AFFAIRS
Horrell of Orange, Chairman; Toland of Hillsborough, COMMITTEE ON RAILROADS, TELEGRAPH AND
Vice-Chairmanu; Burwell of Broward, Inman of Bradford, TELEPHONES
Luckie of Duval, Turner of St. Johns, Shivers of Washington. Cook of Flagler, Chairman; Williams of Hernando, Vice-
COMMITTEE ON NURSERIES AND PLANT HUSBANDRY Chairman; Crary of Martin, Gillespie of olusia, Gray of Bay,
Harrell of Hamilton, Johnson of Lake, Junkin of Collier, Leaird
Graves of Indian River, Chairman; Bryan of Hardee, Vice- of Broward, McDonald of Hillsborough.
Chairman; Hatch of Suwannee, Middleton of Putnam, Mur-
ray of Polk. COMMITTEE ON RESOLUTIONS
COMMITTEE ON MOTOR VEHICLES AND CARRIERS Scales of Taylor, Chairman; Lewis of Gulf, Vice-Chairman;
COMMITTEE ON MOTOR VEHICLES AND CARRl b Carroll of Osceola, Cawthon of Leon, Leedy of Orange, Little-
Overstreet of Dade, Chairman; Hosford of Liberty, Vice- field of Volusia, Minshall of Pinellas, Overstreet of Dade,
Chairman; Allen of Levy, Boyd of Manatee, Burks of Pasco, Slappey of Gadsden.
Butt of Brevard, Cawthon of Leon, Clements of Columbia,
Getzen of Sumter, Graves of Indian River, Jenkins of COMMITTEE ON RULES AND CALENDAR
Alachua, Junkin of Collier, Lane of Manatee, Leonardy of Simpson of Jefferson, Chairman; Morrow of Palm Beach,
Seminole, Morrow of Palm Beach, Murray of Polk, Smith of Vice-Chairman; Ayers of Gilchrist, Brackin of Okaloosa, Car-
Citrus, Thomas of Lake, Toland of Hillsborough, Vathis of roll of Osceola, Cawthon of Leon, Clement of Pinellas; Crary
"Franklin, Versaggi of St. Johns. of Martin, Harrell of Hamilton, Holt of Dade, Lanier of High-
COMMITTEE ON OBSOLETE LAWS lands, Leaird of Broward, Leedy of Orange, Lewis of Gulf. Lit-
tlefield of Volusia, Luckie of Duval, Shafer of Polk, Sheldon
Chavous of Dixie, Chairman; Driggers of Union, Vice- of Hillsborough, Strayhorn of Lee.
Chairman; Best of Suwannee, Dowda of Putnam, Horrell of
Orange. COMMITTEE ON STATE INSTITUTIONS
COMMITTEE ON PHOSPHATES, OILS AND MINERALS Slappey of Gadsden, Chairman; Lanier of Highlands, Vice-
SChairman; Boyd of Manatee, Bryan of Hardee. Burwell of
Safford of Polk, Chairman; Smith of Citrus, Vice-Chair- Broward, Clark of Calhoun, Davis of Gadsden, Dixon of Jack-
man; Beck of Palm Beach, Junkin of Collier, Rogers of son, Driggers of Union, Harris of Alachua, McDonald of Hills-
Marion, Toland of Hillsborough. borough, Peeples of Glades, Scales of Taylor, Strayhorn of
COMMITTEE ON PUBLIC AMUSEMENTS Lee, Versaggi of St. Johns, Yaeger of Leon.
Leaird of Broward, Chairman; Crary of Martin, Vice- COMMITTEE ON STATE MARKETING
Chairman; Beck of Palm Beach, Bonifay of Santa Rosa, COMMITTEE ON STATE MARKETING
Carroll of Osceola, Dunham of DeSoto, Leonardy of Sem- Getzen of Sumter, Chairman; Hendry of Okeechobee, Vice-
inole, Lewis of Gulf, Luckie of Duval, McDonald of Hills- Chairman; Beck of Palm Beach, Boyd of Manatee, Brady of
borough, Overstreet of Dade, Papy of Monroe, Rogers of Seminole, Bryan of Hardee, Helie of Escambia, Inman of Brad-
Marion, Shafer of Polk, Stewart of Hendry, Versaggi of St. ford, Middleton of Putnam, Murray of Polk, Riddles of Walton,
Johns, Yaeger of Leon. Toland of Hillsborough,
COMMITTEE ON PUBLIC HEALTH COMMITTEE ON STATE PENSIONS
Brackin of Okaloosa, Chairman; Wiseheart of Dade, Vice- Dugger of Baker, Chairman; Clements of Columbia, Vice-
Chairman; Best of Suwannee, Butt of Brevard, Carswell of Chairman; Allen of Levy, Bonifay of Santa Rosa, Boyd of
Wakulla, Clark of Calhoun, Clement of Pinellas, Gillespie of Manatee, Bryan of Hardee, Commander of Holmes, Dixon of
Volusia, Gray of Bay, Harris of Pinellas, Helie of Escambia, Jackson, Driggers of Union, Rogers of Marion, Smith of Citrus.
Horrell of Orange, Potter of Marion, Rivers of Clay, Scales
of Taylor, Sheldon of Hillsborough, Simpson of Jefferson, COMMITTEE ON STATE PRISONS AND CONVICTS
Thomas of Lake, Vathis of Franklin, Wotitzky of Charlotte, Leonardy of Seminole, Chairman; Inman of Bradford, Vice-
Yaeger of Leon. Chairman; Chavous of Dixie, Driggers of Union, Drugger of

16 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 8, 1941

Baker, Hatch of Suwannee, Horrell of Orange, Hosford of Lib- Vice-Chairman; Hatch of Suwannee, Hosford of Liberty,
erty, Johnson cf Lake, Middleton of Putnam, Smith of Citrus. Middleton of Putnam, Minshall of Pinellas, Smith of Citrus.
OMMITTE ON STATE PU T Mr. Holt moved that a committee of three be appointed
COMMITTEE ON STATE PUBLICITYto escort the Honorable Pat Cannon, Member of the United
Wotitzky of Charlotte, Chairman; Minshall of Pinellas, States Congress from the Fourth District of the State of
Vice-Chairman; Leaird of Broward, Littlefield of Volusia, Florida, to the rostrum.
Luckie of Duval, Hatch of Suwannee, Hosford of Liberty, Which was agreed to.
Murray of Polk, Versaggi of St. Johns, Yaeger of Leon. Thereupon the Speaker appointed Messrs. Morrow, Leaird
COMMITTEE ON TEMPERANCE and Overstreet as a committee who escorted the Honorable
SPat Cannon to the rostrum where he was introduced by
Burwell of Broward, Chairman; Papy of Monroe, Vice- the Speaker to the members of the House.
Chairman; Ayers of Gilchrist, Clark of Calhoun, Davis of th the Hou
Gadsden, Harris of Alachua, Holt of Dade, Inman of Brad- Mr. Holt moved that the rules be waived and the House
ford, Leonardy of Seminole, Riddles of Walton, Safford of do now adjourn to meet again at 11:00 o'clock A. M. Wed-
Polk, Sheldon of Hillsborough, Versaggi of St. Johns. nesday, April 9, 1941.
Which was agreed to by a two-thirds vote.
COMMITTEE ON VETERANS AFFAIRS Thereupon at the hour of 5:21 P. M. the House stood
Shivers of Washington, Chairman; Turner of St. Johns, adjourned until 11:00 A. M. tomorrow morning,

JOURNAL OF THE HOUSE OF REPRESENTATIVES

WEDNESDAY, APRIL 9, 1941

The House was called to order by the Speaker at 11 o'clock loans secured by such assignments and that the amount by
A. M. The roll was called and the following members an- which such assigned compensation shall exceed the amount
swered to their names: of the consideration actually paid therefore shall, in the ap-
plication of such laws, be deemed interest on the loan from
Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers, the date of the payment for such purchase or assignment until
Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, the date such compensation is payable.
Bryan, Burks, Burwell, Butt, Carroll, Carswell, Cawthon,
Chavous, Clark, Clement (Pinellas), Clements (Columbia), Which was read the first time by its title and referred to
Commander, Cook, Crary, Croft, Davis, Dixon, Dowda, Drig- the Committee on Judiciary "A."
gers, Dugger, Dunham, Getzen, Gillespie, Graves, Gray, Har- By Mr. Overstreet of Dade-
rell, Harris (Alachua), Harris (Pinellas), Hatch, Helie, Hendry, House Bill No. 2:
Holt, Horrell, Hosford, Inman, Jenkins, Johnson, Junkin, A bill to be entitled An Act to amend Chapter 16848, Laws
Lambe, Lane, Lanier, Leaird, Leedy, Leonardy, Lewis, Little- of Florida, Acts of 1935 being entitled "An Act to provide for
field, Luckie, McDonald, McLane, Middleton, Minshall, Mor- the relief of the public free schools of the State of Florida by
row, Murray, Overstreet, Papy, Peeples, Perry, Potter, Priest, raising revenue for the County School Fund by levying and
Riddles, Rivers, Rogers, Safford, Scales, Shafer, Shave, Shel- imposing a tax upon the privilege of operating a store or
don, Shivers, Simpson, Slappey, Smith, Strayhorn, Stewart, stores within this State, to classify such stores for the purpose
Thomas, Toland, Turner, Vathis, Versaggi, Williams, Wise- of such taxation and of graduating the tax in accordance with
heart, Wotitzky, Yaeger-95. the number of stores operated under a single ownership, man-
A quorum present. agement or control, to declare the public policy on which
Prayer by the Chaplain. this act is founded;, to provide for the administration and
The reading of the Journal was dispensed with. enforcement of this Act and for the promulgation and en-
The Journal of April 8 was corrected and as corrected was forcement of rules and regulations to facilitate such enforce-
approved. ment; to provide for the creation and enforcement of a lien
The Speaker announced that Mr. Burkswould be excused upon the property of persons liable for the payment of such
fromThe Speakend announce upon that Mr. Burks would be exHouse through tax; to provide penalties for the violation of this Act and of
from attendance upon the sessions of the House through rules and regulations lawfully made under the authority there-
April 10 due to a death in his family. of; to repeal conflicting laws, expressly but on condition in-
The Speaker also announced that Mr. Shave of Nassau cluding Chapter 16071, Laws of Florida, Acts of 1933; and to
would be excused from attendance upon the sessions of the appropriate the revenues derived hereunder;" to repeal sub-
House through April 10 due to urgent personal business, division "B" of Section 4 of Chapter 16848, Laws of Florida,
The Speaker announced the following changes in Standing Acts of 1935; providing that such repeal or said subdivision "B"
Committees: shall not excuse or relieve any person from the payment of
B r f t C o B a Gross Receipts Taxes under said Chapter 16848, Laws of
Mr. Burwell removed from the Committee on Banks and Florida, Acts of 1935, accruing prior to the effective date of
Loans. this Act; repealing all laws in conflict herewith, and provid-
Mr. Jenkins appointed to the Committee on Insurance. ing when this Act shall take effect.
Mr. Papy appointed to the Committee on Public Utilities. Which was read the first time by its title and referred to
the Committee on Finance and Taxation.
Mr. Murray appointed to the Committee on Finance and B M
Taxation. By Mr. Morrow of Palm Beach-
House Bill No. 3:
Mr. Stewart removed from the Committee on Conservation A bill to be entitled An Act granting leaves of absence to
and appointed to the Committee on Fish and Game. officers and employees of the State of Florida and of the
Mr. Bryan appointed to the Committee on Conservation. several counties, municipalities and political subdivisions of
the State of Florida, who serve in the active military service
Mr. Best removed from the Committee on Livestock and of the United States of America; and prescribing the terms and
appointed to the Committee on Veteran Affairs. conditions of such leaves of absence, and return to civil duty.
Mr. Hatch removed from the Committee on Veteran Af- Which was read the first time by its title and referred to the
fairs to the Committee on Livestock. Committee on Military Affairs.
INTRODUCTION OF HOUSE BILLS AND JOINT By Mr. Gray of Bay--
RESOLUTIONS House Bill No. 4:
By Messrs. Leaird and Burwell of Broward, Sheldon of Hills- A bill to be entitled An Act to declare valid and legal the
borough, Wotitzky of Charlotte, Perry of Sarasota, Scales of establishment and organization of Housing Authorities in
Taylor, Simpson of Jefferson, Shave of Nassau, Toland of Hills- the State of Florida under the provisions of the Housing
borough, Cook of Flagler, Thomas of Lake, Holt of Dade, Mc- Authorities Law, and all contracts, bonds, notes, agreements,
Lane of Escambia, Gillespie of Volusia, Beck of Palm Beach, obligations and undertakings of such Housing Authorities,
Harrell of Hamilton, Bennett of Duval, Luckie of Duval, and all proceedings, acts and things heretofore undertaken,
Peeples of Glades, Jenkins of Alachua, Boyd of Manatee, performed or done with reference thereto.
Graves of Indian River, Carroll of Osceola, Versaggi of St. Which was read the first time by its title and referred to
Johns, Turner of St. Johns, Leedy of Orange, Horrell of Orange, the Committee on Building and Loan Associations.
Shafer of Polk, Murray of Polk, Wiseheart of Dade, Overstreet
of Dade, Leonardy of Seminole, Johnson of Lake, Morrow of By Mr. Gray of Bay-
Palm Beach, Cawthon of Leon, McDonald of Hillsborough, House Bill No. 5:
Crary of Martin, Brady of Seminole, Strayhorn of Lee, Clem- A bill to be entitled An Act to authorize Housing Author-
ent of Pinellas, Littlefield of Volusia, Bailey of Bay, Bonifay ities to undertake the development or administration of
of Santa Rosa- projects to assure the availability of safe and sanitary dwell-
ings for persons engaged in National Defense activities who
House Bill No. 1: would not otherwise be able to secure such dwellings within
A bill to be entitled An Act to regulate the purchase of wages, the vicinity thereof; to limit the initiation of the develop-
salaries or other compensation for services and the taking of ment of such projects until December 31, 1943; to authorize
assignments thereof where the consideration for the purchase Housing Authorities to cooperate with or act as agent of the
or assignment shall be $300 or less, and to provide that such Federal Government in the development and administration
transactions shall, in the application of all laws, civil or crim- of such projects of the Federal Government, to acquire or
final, relating to loans, interest charges or usury, be deemed lease such projects and to sell certain projects to the Federal

18 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 9, 1941

Government; to authorize public bodies to assist such proj- in Marion County, Florida, to Pedro, Marion County, Florida,
ects of Housing Authorities and of the Federal Government; through Long Hammock Settlement.
to make obligations issued for such projects of Housing Au- Which was read the first time by its title and referred to
thorities legal investments and security for deposits; and to the Committee on Public Roads and Highways.
declare valid all bonds, notes and obligations of Housing
Authorities issued for projects heretofore undertaken to By Mr. Brackin of Okaloosa-
assure the availability of safe and sanitary dwellings for House Bill No. 11:
persons engaged in National Defense activities. A bill to be entitled An Act designating and establishing
Which was read the first time by its title and referred to certain roads in Okaloosa County, Florida, as State roads.
the Committee on Building and Loan Associations. Which was read the first time by its title and referred to
the Committee on Public Roads and Highways.
By Mr. Gray of Bay-
House Bill No. 6: By Mr. Clement of Pinellas-
A bill to be entitled An Act to amend Chapter 17,981, House Bill No. 12:
Laws of Florida, Acts of 1937, entitled "An Act to declare A bill to be entitled An Act requiring that the American
the necessity of creating public bodies corporate and politic Flag shall be displayed at polling places in the State of Flor-
to be known as Housing Authorities to undertake slum clear- ida during voting hours and requiring the furnishing and
ance and projects to provide dwelling accommodations for erection thereof by certain officers.
persons of low income; to create such Housing Authorities Which was read the first time by its title and referred to
in cities having a population of more than 5,000; to define the Committee on Elections.
the powers and duties of Housing Authorities and to provide By Mr. Clement of Pinellas-
for the exercise of such powers, including acquiring property, Hose Bill No. 13:
borrowing money, issuing debentures and other obligations,
and giving security therefore; to provide that Housing Au- A bill to be entitled An Act fixing the time for opening and
thorities may obtain validation of their obligations and pro- closing the polls in primary, general and special elections in
ceedings; and to confer remedies on obligee of Housing the State of Florida, and repealing Section 309, Compiled Gen-
Authorities", as amended by Chapter 19,510, Laws of Florida, eral Laws of Florida, 1927, being Section 253 of the Revised
Acts of 1939, by adding thereto the following sections to be General Statutes of Florida, 1920.
designated and known as Sections 27, 28, 29, 30, 31, 32, 33 Which was read the first time by its title and referred to
and 34 to create Housing Authorities for counties and to the Committee on Elections.
provide for the organization of such authorities, to authorize By Mr. Andrews of Madison-
the creation and organization of Regional Housing Author- House Bill No. 14
cities by groups of Counties, to define the powers, duties and
area of operation of such Housing Authorities, to provide for A bill to be entitled An Act to amend Section 5, Chapter
the appointment of Commissioners of such Housing Author- 18011, Laws of Florida, Acts of 1937, relating to license taxes.
ities and to authorize such Housing Authorities to provide Which was read the first time by its title and referred to
housing for farmers of low income, the Committee on Finance and Taxation.
Which was read the first time by its title and referred to By Mr. Getzen of Sumter-
the Committee on Building and Loan Associations. House Bill No. 15:
By Mr. Overstreet of Dade- A bill to be entitled An Act requesting the taking over, con-
House Bill No. 7: struction, and maintenance by the State Road Department of
A bill to be entitled An Act relating to commerce and Florida of that part of State Road No. 214, beginning at a
trade, making certain unfair and discriminatory practices point on State Road No. 5, north of Brooksville, Hernando
unlawful; declaring certain contracts illegal and prohibiting County, Florida, thence easterly over the present road via
recovery thereon; providing for actions to enjoin unfair Croom, St. Catherine, and Webster to Center Hill, Florida.
competition and discrimination and to recover damages Which was read the first time by its title and referred to
therefore; providing penalties; repealing all laws in conflict the Committee on Public Roads and Highways.
therewith. By Mr. Vathis of Franklin-
Which was read the first time by its title and referred to House Bill No. 16:
the Committee on Judiciary "A". A bill to be entitled An Act relating to the catching or tak-
By Mr. Getzen of Sumter- ing of salt water fish; to prescribe a closed season for the
House Bill No. 8: taking of mullet in certain areas; to fix the size of mullet
A i be n ed An Act dignang, n a which may be taken in such areas during the open season;
A bill to be entitled An Act designating, declaring and and to prescribe penalties for violations of any of the provi-
establishing as a State road and requesting the taking over sions of this Act.
and maintenance by the State Road Deparment of Florida,
that certain highway beginning at a point on State Road Which was read the first time by its title and referred to
No. 2 in Coleman, Florida, thence North and East over the the Committee on Conservation.
present paved road to its intersection with State Road No. 2,. By Mr. Gray of Bay-
between Coleman and Wildwood, Florida. House Bill No. 17:
Which was read the first time by its title and referred to A bill to be entitled An Act repealing Article 3, Division 1,
the Committee on Public Roads and Highways. Title 4, (Sections 368, 369, 370, 371, 372 and 373), Revised
By Mr. Getzen of Sumter_ General Statutes of Florida, relating to "Absent Voters";
House Bill No. 9: Chapter 11824, Laws of Florida, Acts of 1927, same being "An
A bill to be entitled An Act authorizing, empowering and Act relating to elections and permitting absent voters to vote
i t Acautho g, empowering and threat, and providing a penalty and disfranchisement for
requesting the taking over and maintenance by the State the violation thereto," and Chapter 16986, Laws of Florida,
Road Department of Florida of that portion of State Road Acts of 1935. same being "An Act providing for absentee vot-
No. 225, running from a point on State Road No. 2, at or ing from without the State of Florida in primary, general,
near Sumterville, in Sumter County, Florida, thence West- school, municipal, or special elections; providing the procedure
early over the present paved road via Panasoffkee, Florida, to to be followed; providing the duties of officials in connection
Outlet Bridge, in Sumter County, Florida. therewith; providing for a penalty for violations of any part
Which was read the first time by its title and referred to of this Act, and repealing all laws in conflict herewith."
the Committee on Public Roads and Highways. Which was read the first time by its title and referred to
By Mr. Getzen of Sumter- the Committee on Elections.
House Bill No. 10: By Mr. Dixon of Jackson-
A bill to be entitled An Act designating, declaring and House Bill'No. 18:
establishing as a State road and requesting the taking over A bill to be entitled An Act to provide for and promote
and maintenance by the State Road Department of Florida the general welfare of the State of Florida by supplying
that certain highway running West from a point on State to the people a more liberal distribution and increase of
Road No. 2, at or near Lady Lake, in Lake County, Florida, purchasing power, retiring certain citizens from gainful em-
thence West via Oxford, Florida, over the present paved ployment, improving and stabilizing gainful employment for
road in Sumter County, Florida, and State Road No. 225, other citizens, stimulating agricultural and industrial pro-

April 9, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 19

duction and general business, and alleviating the hazards erect and maintain dams, gates and other barriers and de-
and insecurity of old age and unemployment; to provide a vices for controlling and conserving the flow of surface waters
method whereby citizens shall contribute to the purchase in any natural or artificial outlet or drainage; prohibiting
of and receive a retirement annuity; to provide for the the unauthorized interference with any dam, gate or other
raising of the necessary revenue to operate a continuing barrier or device so erected and providing the punishment and
plan therefore; to provide for the appropriation and expendi- penalty therefore; providing a remedy for the relief or redress
ture of such revenue; to provide for the proper administra- by the owner or any other person having any interest in and
tion of this Act; to provide penalties for violation of this to any lands which may be damaged or subject to damage
Act; and for other purposes. as a result of the erection and maintenance of such gates or
Which was read the first time by its title and referred to dams; providing for the payment of the costs of erecting and
the Committee on Finance & Taxation. maintaining such devices for the control and conservation
By Mr. Getzen of Sumter-- of the flow of surface waters; authorizing the Boards of
sBy Mr Gtn of S t- County Commissioners of the several counties of the State,
House Bill No. 19 after due notice, to suspend the right to the further drain-
A bill to be entitled An Act designating, declaring and age of swamps, marshes, lakes and other natural bodies of
establishing as a State road and requesting the taking over surface waters; and repealing all laws in conflict herewith.
and maintenance by the State Road Department of Florida, Which was read the first time by its title and referred to
a certain State road in Hernando and Sumter Counties, the Committee on Canals and Drainage.
Florida.
Which was read the first time by its title and referred By Mr. Shafer of Polk--
to the Committee on Public Roads & Highways. House Bill No. 26:
By Mr. Andrews of Madison-- A bill to be entitled An Act relating to mortgages or other
House Bill No. 20: instruments given by cooperative associations, as defined here-
House Bill No. 20 min, for the purpose of creating liens on real or personal prop-
A bill to be entitled An Act to repeal Chapter 9278, Laws erty, or both, securing not only existing indebtedness but also
of Florida, Acts of 1923, and to amend Chapter 17086, Laws future advances, whether obligatory or otherwise; providing
of Florida, Acts of 1935, relating to the voluntary resigna- for the priority of such mortgages or other instruments; and
tion and retirement of justices of the Supreme Court under providing when this Act shall become effective.
certain conditions with pay. providing when this Act shall become effective.
Which was read the first time by its title and referred Which was read the first time by its title and referred to the
to the Committee on judiciary "A." Committee on Judiciary "A."
By Mr. Andrews of Madison-- By Mr. Simpson of Jefferson-
House Bill No. 21: House Bill No. 27:
Bill to be entitled An Act to provide for the examination A bill to be entitled An Act to regulate the labeling, trans-
of insane persons committed to the Florida State Hospital portation, sale, and offering for sale, of agricultural and vege-
for the Insane; to provide for the appointment of an ex- table seeds; to prevent misrepresentations thereof; providing
amining board composed of medical doctors, and for the for the enforcement hereof and repealing Chapter 19364. Laws
payment of their compensation and to provide for the of Florida, Acts of 1939, and all laws in conflict herewith.
release of such patients from the Florida State Hospital Which was read the first time by its title and referred to
upon recommendation of the Examining Board. the Committee on Agriculture.
Which was read the first time by its title and referred By Messrs. Holt of Dade and Shafer, Safford and Murray of
to the Committees on Public Health and State Institutions. Polk-
By Mr. Chavous of Dixie- House Bill No. 28:
House Bill No. 22: A bill to be entitled An Act to promote national and state de-
A bill to be entitled An Act to provide that the State of fense by preventing sabotage: to that end to protect property
Florida is hereby divided into six Congressional Districts, by making criminal certain entries on, injuries to, interference
same to be numbered and designated as District Number with, and defective workmanship in connection with, property,
One, District Number Two, District Number Three, District and attempts, solicitations, and conspiracies to commit such
Number Four, District Number Five, and District Number acts; to restrict witnesses' privileges against self-incrimination
Six. in proceedings; to provide for questioning and detaining sus-
Which was read the first time by its title and referred pected persons; to authorize the closing of, and the restrict-
to the Committee on Census & Apportionment. ing of the use of, certain highways; to provide that this act
shall not be construed to impair the rights of labor; to sus-
By Mr. Clement of Pinellas- pend inconsistent acts and parts of acts; to prescribe penal-
House Bill No. 23: ties for violations of this Act; providing that 'his Act shall
A bill to be entitled An Act relating to general elections be in effect until May 15, 1945, and thereafter when the United
in the State of Florida, providing for the preparation and States is at war.
form of ballot to be used therein, and repealing all laws Which was read the first time by its title.
and parts of laws inconsistent with the provisions hereof.
Which was read the first time by its title and referred Mr. Holt moved that the rules be waived and that the
to the Committee on Elections. House do now take up and consider House Bill No. 28.
By Mr. Simpson of Jefferson- Which was agreed to by a two-thirds vote.
House Bill No. 24: Mr. Holt moved that the rules be waived and House Bill
A bill to be entitled An Act to authorize the filing, in, No. 28 be read a second time by its title.
dexing and recording of certified copies of petitions com- Which was agreed to by a two-thirds vote.
mencing proceedings under the Bankruptcy Act of the And House Bill No. 28 was read a second time by its title.
United States, decrees of adjudicatio n in such proceedings, Mr. Holt moved that the rules be further aive ad that
and orders approving bonds of trustees appointed in suchmoved that the rules be further waived and that
proceedings; to make it the duty of the clerks of the House Bill No. 28 be read a third time in full and placed upon
Circuit Courts to file, index and record such copies; and its passage.
to provide fees for such filing, indexing and recording. Which was agreed to by a two-thirds vote.
Which was read the first time by its title and referred And House Bill No. 28 was read a third time in full.
to the Committee on Judiciary "B." When the vote was taken on the passage of House Bill No.
By Messrs. Shafer of Polk, and Junkin of Collier- 28 the result was:
House Bill No. 25: Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers,
A bill to be entitled An Act finding and declaring that the Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady,
conservation of the surface waters and the raising of the level Bryan, Burwell, Butt, Carroll, Carswell, Cawthon, Chavous,
of the water table in the State of Florida, where the same Clark, Clement (Pinellas), Clements (Columbia), Commander,
may be necessary, is in the interest of the public welfare Cook, Crary, Croft, Davis, Dixon, Dowda, Driggers. Dugger,
authorizing the Boards of County Commissioners of the sev, Dunham, Getzen, Gillespie, Graves, Gray, Harrell, Harris
eral counties of the State to conserve the surface waters i (Alachua), Harris (Pinellas), Hatch, Helie, Hendry, Holt, Hor-
the several counties; providing authority in the Boards o rell, Hosford, Inman, Jenkins, Johnson, Junkin, Lambe, Lane,
County Commissioners of the several counties of the State t Lanier, Leaird, Leedy, Leonardy, Lewis, Littlefield, Luckie, Mc-

20 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 9, 1941

Donald, McLane, Middleton, Minshall, Morrow, Murray, Over- scribing the powers and duties of the Council; directing the
street, Papy, Peeples, Perry, Potter, Priest, Riddles, Rivers, Council, and county, local, and Regional Defense Councils to
Rogers, Safford, Scales, Shafer, Sheldon, Shivers, Simp- utilize existing services and facilities; providing for the crea-
son, Slappey, Smith, Strayhorn, Stewart, Thomas, Toland, tion of County, Local, and Regional Defense Councils and for
Turner, Vathis, Versaggi, Williams, Wiseheart, Wotitzky, Yae- the powers and duties of such Councils; making appropriations
ger-93. to pay the expense of the State Defense Council; and repeal-
Nays-None. ing all laws and parts of laws in conflict herewith.
So the bill passed, title as stated. Which was read the first time by its title.
Mr. Holt moved that rules be further waived and that House Mr. Holt asked unanimous consent of the House to now
Bill No. 28 be immediately certified to the Senate. Which take up and consider House Bill No. 30.
was agreed to by a two-thirds vote. And without objection, it was so ordered.
And the same was ordered immediately certified to the
Senate. Mr. Holt moved that the rules be waived and House Bill No.
30 be read a second time by its title.
By Messrs. Holt of Dade, Shafer, Safford and Murray, of d t by i.
Polk. Which was agreed to by a two-thirds vote.
House Bill No. 29: And House Bill No. 30 was read a second time by its title.
A bill to be entitled An Act to regulate the manufacture, Mr. Holt moved that the rules be further waived and that
sale, distribution, use and possession of explosives; to require House Bill No. 30 be read a third time in full and placed upon
licenses to manufacture, deal in, and possess explosives, and its passage.
fees for such licenses; providing for the appointment of a Which was agreed to by a two-thirds vote.
licensing authority, and prescribing its powers and duties; And House Bill No. 30 was read a third time in full.
requiring reports and records from manufacturers and dealers
in explosives; prohibiting the distribution of explosives to When the vote was taken on the passage of House Bill No.
unlicensed persons; providing for the revocation of licenses; 30 the result was:
providing for an appeal from the decisions of the licensing Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers,
authority; prescribing penalties for violations of this act; au- Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady,
thorizing the licensing authority to prescribe rules and regu- Bryan, Burwell, Butt, Carroll, Carswell, Cawthon, Cha-
lations under this act; and repealing acts and parts of acts in- vous, Clark, Clement (Pinellas), Clements (Columbia),
consistent with this Act. Cook, Crary, Croft, Davis, Dixon, Dowda, Driggers, Dugger,
Which was read the first time by its title. Dunham, Getzen, Gillespie, Graves, Gray, Harrell, Harris
(Alachua), Harris (Pinellas), Hatch, Helie, Hendry, Holt,
Mr. Holt asked unanimous consent of theoususe to now Horrell, Hosford, Inman, Jenkins, Johnson, Junkin, Lambe,
take up and consider House Bill No. 29. Lane, Lanier, Leaird, Leedy, Leonardy, Lewis, Littlefield,
And without objection it was so ordered. Luckie, McDonald, McLane, Middleton, Minshall, Morrow,
Mr. Holt moved that the rules be waived and House Bill No. Murray, Overstreet, Papy, Peeples, Perry, Potter, Priest, Rid-
29 be read a second time by its title. dles, Rivers, Rogers, Safford, Scales, Shafer, Sheldon, Shivers,
Which was agreed to by a two-thirds vote. Simpson, Slappey, Smith, Strayhorn, Stewart, Thomas,
And House Bill No. 29 was read a second time by its title. Turner, Vathis, Versaggi, Williams, Wiseheart, Wo-
titzky, Yaeger-92.
Mr. Holt moved that the rules be further waived and that Nays-Mr. Commander-1.
House Bill No. 29 be read a third time in full and placed upon So the bill passed, title as stated.
its passage. Mr. Holt moved that the rules be further waived and that
Which was agreed to by a two-thirds vote. House Bill No. 30 be immediately certified to the Senate.
And House Bill No. 29 was read a third time in full. Which was agreed to by a two-thirds vote.
When the vote was taken on the passage of House Bill No. And the same was ordered immediately certified to the
29 the result was: Senate.
Yeas-Mr. Speaker; Messrs. Acosta, Andrews, Ayers, Bailey, By Messrs. Holt of Dade; Shafer, Safford and Murray of
Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, Bryan, Polk-
Burwell, Butt, Carroll, Carswell, Cawthon, Chavous, Clark, House Bill No. 31:
Clement (Pinellas), Clements (Columbia), Commander, Cook, A bill to be entitled An Act to establish the Florida De-
Crary, Croft, Dixon, Dowda, Driggers, Dugger, Dunham, Get- fen ille to e; auth e rin the Governor, whle ltorihe Nat
zen, Gillespiefense Force; authorizing the Governor, while the National
zienas Gllespie, Graves Ga, Ha rrell, Harris (Ala ), H s Guard of this State is in active Federal service, to organize
(Pinellas), Hatch, Helie, Hendry, Holt, Horrell, Hosford, In- and maintain the Florida Defense Foe in accordance with
man, Jenkins, Johnson, Junkin, Lambe, Lane, La Leai and maintain the Florida Dfens e Frce in aordane ei
Leedy, Leonardy, Lewis, ittlefield, Luckie, cDonald, cLane, the rNational Defense Act and the regulations of the Secre-
Leedy, Leonardy, Lewis, Littlefield, Luckie, McDonald, McLane, tary of War of the United States providing for the member-
Middleton, Minshall, MIorrow, Murray, Overstreet, Papy, Pee- bersi of such force and its organizatoin undr rue anrd
ples, Pery, Potteli, Priest, Riddles, Rivers, Rogeis, Safford, bership of such force and it s organization under rules and
les, P arPer, SPhlrien, Rivdrls, Rim son, Rlopge, Samitf regulations prescribed by the Governor; providing for the
Scahor, Steward, Th ms, hind, S n, Sas VeSit, pay and allowances of members of such force; authorizing the
llStrayhornms, Stewar, Thomas, Toland, Turner, Vathis, Versaggi, Governor to requisition arms and equipment and to make
ilam Wee r ton Wotitzky, Yaege-i-2. available to such force the facilities of State armories and
ayesother State property; providing for the calling out of such
So the bill passed, title as stated. force; providing that such force shall not be required to serve
Mr. Holt moved that the rules be further waived and that outside of Florida except on certain conditions; granting per-
Mr. oltp ved that th uls e fui 9Q rther e a tt mission to military forces of other States and the United
House Bill No. 29 be immediately certified to the Senate. States to continue pursuit into this State; provided that
Which was agreed to by a two-thirds vote. certain civil groups shall not be enlisted in the Florida De-
And the same was ordered immediately certified to the fense Force as a unit; providing for the qualifications and
Senate. disqualifications of members of such force; providing for
By Messrs. Holt of Dade and Shafer, Safford and Murray of the term of enlistment and commission in such force; pro-
Polk- Shae, Saffod and M ray of hiding that the Articles of War of the United States shall be
Pin effect when such force is in active service; providing for
House Bill No. 30: freedom from arrest and jury duties of members of such
A bill to be entitled An Act relating to national and state force; providing for the discharge of such force; providing for
defense; authorizing and empowering the Governor to create the payment of expenses in carrying out the provisions of
a State Defense Council to assist in coordinating State and this Act, and repealing all laws and parts of laws in conflict
local activities related to national and State defense; provid- herewith.
ing for the organization of such Council and for the appoint- Which was read the first time by its title.
meant of its members by the Governor; providing for their
qualifications and term of office; authorizing the Council to Mr. Holt asked unanimous consent of the House to now
employ an Executive Director and other assistants and make take up and consider House Bill No. 31.
other expenditures to carry out the purposes of this Act; pre- And without objection, it was so ordered.

April 9, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 21

Mr. Holt moved that the rules be waived and House Bill Which was read the first time by its title and referred
No. 31 be read a second time by its title, to the Committee on Judiciary "A."
Which was agreed to by a two-thirds vote. r. Anrw f i
And House Bill No. 31 was read a second time by its title. Andrews of Madison
House Bill No. 36:
Mr. Holt moved that the rules be further waived and that A bill to be entitled An Act providing for the purchase,
House Bill No. 31 be read a third time in full and placed upon distribution, and administration of anti-hog cholera serum
its passage, and hog cholera virus by the State Livestock Sanitary
Which was agreed to by a two-thirds vote. Board; and making an appropriation therefore.
And House Bill No. 31 was read a third time in full. Which was read the first time by its title and referred
to the Committee on Appropriations.
When the vote was taken on the passage of House Bill No.
31 the result was: By Mr. Andrews of Madison:
Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers, House Bill No. 37:
Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, A bill to be entitled An Act to repeal Chapter 18002, Laws
Bryan, Burwell, Butt, Carroll, Carswell, Cawthon, Chavous, of Florida, Acts of 1937, and to amend Section 5595, Re-
Clark, Clement (Pinellas), Clements (Columbia), Commander, vised General Statutes of Florida, 1920, the same being
Cook, Crary, Croft, Davis, Dixon, Dowda, Driggers, Dugger, Section 8289, Compiled General Laws of Florida, 1927, and
Dunham, Getzen, Gillespie, Graves, Gray, Harrell, Harris to reestablish the laws fixing and prescribing the power and
(Alachua), Harris (Pinellas), Hatch, Hendry, Holt, Horrell, jurisdiction of Justices of the Peace to try and determine
Hosford, Inman, Jenkins, Johnson, Junkin, Lambe, Lane, misdemeanor cases committed in their respective districts.
Lanier, Leaird, Leedy, Leonardy, Littlefield, Luckie, McDonald, Which was read the first time by its title and referred
McLane, Middleton, Minshall, Morrow, Murray, Papy, Peeples, to the Committee on Judiciary "A."
Perry, Potter, Priest, Riddles, Rivers, Rogers, Safford, Scales, By Mr. Andrews of Madison-
Shafer, Sheldon, Shivers, Simpson, Slappey, Smith, Strayhorn, House Bill No. 38:
Stewart, Thomas, Toland, Turnet, Vathis, Versaggi, Williams, i e eie ae n
Wiseheart, Wotitzky, Yaeger-90. A bill to be entitled An Act to amend Section 10 of Chap-
Nays-None. ter 7905, Laws of Florida, Acts of 1919, as amended by
St b pa titl a stated Chapter 15615, Laws of Florida, Acts of 1931, enlarging the
So the bill passed, title as stated, uses for which the General Inspection Fund may be col-
Mr. Holt moved that the rules be further waived and that elected and used so: as to include therein the acquisition,
House Bill No. 31 be immediately certified to the Senate. distribution, and administration of anti-hog cholera serum
Which was agreed to by a two-thirds vote. and hog cholera virus, by the State Livestock Sanitary
And the same was ordered immediately certified to the Board.
Senate. Which was read the first time by its title and referred
By Messrs. Holt of Dade and Shafer, Safford and Murray of to the Committee on Agriculture.
Polk By Mr. Andrews of Madison-
House Bill No. 32: House Bill No. 39:
A bill to be entitled An Act to repeal Sections 1425 to 1442 A bill to be entitled An Act to repeal Chapter 19000, Laws
inclusive of the Revised General Statutes of Florida, 1920, of Florida, Acts of 1939, as to the effect of such Chapter from
being Sections 2079 to 2096 inclusive of the Compiled General and after the passage of this Act, and providing for the con-
Laws of Florida, 1927, and being Chapter 7292, Laws of Flor- tinuation of any rights that may have vested under such Act.
ida, Acts of the 1917 session of the Legislature, entitled, "An Which was read the first time by its title and referred to the
Act to provide for the organization, equipment and mainten- Committee on Judiciary "B".
ance of county guards, to prescribe its powers, duties and
regulations, to provide for its maintenance, its terms of ser- By Messrs. Gray and Bailey of Bay-
vice, and prescribing the duties of the County Commissioners House Bill No. 40:
in relation thereto." A bill to be entitled An Act for the relief of J. A. McKeithen
Which was read the first time by its title and referred to and directing payment of same by the Department of Game
the Committee on Judiciary "A." and Fresh Water Fish of the State of Florida.
S. Which was read the first time by its title and referred to
By Mr. Andrews of Madison- the Committee on Claims.
House Bill No. 33:
A bill to be entitled An Act regulating the sale of cold stor- By Messrs. Overstreet, Holt, and Wiseheart of Dade-
age eggs in the State of Florida; defining cold storage eggs; House Bill No. 41:
providing for tax on sale of cold storage eggs; providing for A bill to be entitled An Act relating to Supervisors of
collection of such tax by Comptroller of the State of Florida; Registration in Counties of this State which now have, or
appropriating expense for such collection; authorizing the may hereafter have, a population of over 267,000, according
Comptroller to make rules and regulations for collection of to the last preceding State or Federal Census; to fix salary of
such tax; providing penalty for failure to pay such tax; pro- such supervisors in lieu of all other compensation, to provide
viding for 'and making it the duty of all persons, firms, cor- for necessary deputies and their duties, and other clerical
portions or associations to notify the Comptroller if they assistance and office expense, and for all other purposes
are engaged in or desire to engage in the sale of cold storage reasonably incidental; and including expense for any trustee;
eggs. bond, or special election; and to provide for all fees to be
Which was read the first time by its title and referred to remitted to the County; and to repeal all other laws in con-
the Committee on Finance & Taxation. flict therewith.
Which was read the first time by its title and referred to the
By Mr. Andrews of Madison- Committee on Census and Apportionment.
House Bill No. 34:
A bill to be entitled An Act to abolish all poll taxes in this By Messrs. Overstreet, Holt and Wiseheart of Dade-
State. House Bill No. 42:
Which was read the first time by its title and referred to A bill to be entitled An Act providing for the dispensing
the Committee on Elections. with the General Election Books and substituting therefore
By Mr. Andrews of Maisonand authorizing and directing the use of the Primary Regis-
By Mr. Andrews of Madison- tration Books in lieu thereof in all Counties of this State
House Bill No. 35: which now have, or may hereafter have, a population of over
A bill to be entitled An Act relating to unfair competi- 267,000 inhabitants according to the last official census of
tion and discrimination, making certain unfair and dis- the State of Florida or the United States of America; and
criminatory practices unlawful, defining the duties of the providing for the time in which the books shall be open for
Attorney General in regard thereto, declaring certain con- general elections in the office of the Supervisor of Regis-
tracts illegal and forbidding recovery thereon, providing for tration only, and providing for the method of registration
actions to enjoin unfair competition and discrimination and for the general election; and providing that all persons who
to recover damages therefore, making the violation of the have duly registered for a preceding primary election shall
provisions of this Act a misdemeanor and providing penalties, be deemed legally registered electors for the next succeeding

22 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 9, 1941

general election; and providing for the time in which this Chapter 14528, Laws of Florida, Acts of 1929; repealing parts
Act shall take effect. of Chapter 2 of Title VI, of Division 1 of the Revised General
Which was read the first time by its title and referred to Statutes of Florida, of 1920; repealing Chapter 16801 and
the Committee on Census and Apportionment. Chapter 17167, Laws of Florida, Acts of 1935; imposing cer-
tain license taxes and providing that license taxes shall be a
By Mr. Andrews of Madison- lien on the property of the person liable therefore, under cer-
House Bill No. 43: tain circumstances, the same being Chapter 18011 of the Laws
A bill to be entitled An Act to repeal Chapter 17274, Laws of Florida of the year 1937.
of Florida, Acts of 1935, relating to the retirement of State Which was read the first time by its title and referred to the
officials and State employees under certain conditions, with Committee on Finance & Taxation.
pay.
Which was read the first time by its title and referred COMMITTEE REPORT
to the Committee on Judiciary "A." April 9th, 1941
By Mr. Sheldon of Hillsborough- Mr. Holt, Chairman of the Committee on Judiciary "A," re-
House Bill No. 44: ported that the Committee had carefully considered the fol-
lowing bill and Hecommends that it pass:
A bill to be entitled An Act amending Chapter 18285, Sec- lowing billand recommends that it pass
tion 17, Laws of Florida, 1937, entitled: "An Act creating House Bill No. 1:
a State Welfare Board and District Welfare Boards and A bill to be entitled An Act to regulate the purchase of wages,
providing for their appointment, qualifications, powers and salaries or other compensation for services and the taking of
duties; providing that said State Board shall be the agent assignments thereof where the consideration for the purchase
for the United States, State County and Municipal govern- or assignment shall be $300 or less, and to provide that such
ments in the administration of funds for the relief of un- transactions shall, in the application of all laws, civil or crim-
fortunates; and authorizing the said boards to act as agent inal, relating to loans, interest charges or usury, be deemed
for the United States, County and Municipal governments loans secured by such assignments and that the amount by
in the administration of any funds for investigations, social which such assigned compensation shall exceed the amount
welfare work, or any other work incident to the public of the consideration actually paid therefore shall, in the ap-
welfare of the United States, State, County and Municipal plication of such laws, be deemed interest on the loan from
governments; authorizing the State Welfare Board to pro- the date of the payment for such purchase or assignment until
mulgate rules and regulations necessary to carry out the the date such compensation is payable.
intent and purposes of this Act; providing for the super- Committee vote was as follows:
vision of State and local institutions for destitute or de-
pendent children and providing for the disposition, care, Yeas-Messrs. Holt, Butt, Harrell, Johnson, Junkin, Leaird,
protection, support and maintenance of dependent children; Luckie, McLane, Morrow, Sheldon and Clement.
authorizing the State Welfare Board to establish minimum Nays-None.
standards of care for all local public and private institu- Absent-Mr. Lewis.
tions or agencies; creating the office of State Welfare Corn- And House Bill No. 1, contained in the above report, was
missioner and providing for his appointment, providing that placed on the Calendar of Bills on second reading.
this Act shall not affect the enforcement of Chapter 9274. S T OR R TH A
Acts of 1923, of Chapter 11834, and 13384, Acts of 1927, of SELECT ORDER OF THE DAY
Chapter 13620, Acts of 1929, and acts amendatory thereof; Pending on adoption.
repealing all other laws or parts of laws in conflict here- House Resolution No. 12.
with; and making appropriations to carry out the purposes A RESOLUTION TO PROVIDE FOR THE EMPLOYMENT
of said Act; and fixing the qualifications of persons entitled OF CERTAIN ATTACHES OF THE HOUSE OF REPRE-
to monetary benefits or assistance under this Act. SENTATIVES.
Which was read the first time by its title and referred BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
to the Committee on Public Welfare. TIVES OF THE STATE OF FLORIDA IN SESSION AS-
SEMBLED:
By Mr. Overstreet of Dade- 1. That each member of the House of Representatives be
House Bill No. 45: allowed to designate one competent attache for service at
A bill to be entitled An Act to amend Sections 4 and 33 of the regular session of the House of Repres of 1941,
Chapter 19551, Laws of Florida, Acts of 1939, being entitled which attache so designated shall upon passing of the exam-
An Act "to provide State public safety; to that end to create nation to be given by the Efficiency Committee be enrolled
the State Department of Public Safety; to prescribe its as employees of the House from April 8, 1941.
membership, duties, powers and authority; to provide for 2. That the Speaker by and with the consent of the Com-
divisions of such department, for the employees thereof, and mittee on Efficiency, be and he is authorized and directed to
duties and compensation; to provide for the license of appoint such additional attaches of the House of Representa-
chauffeurs and other operators of motor vehicles as herein tives as may be necessary to efficiently perform the work of
defined; to provide for certain liabilities, penalties and punish- this House.
ment in such operation; to provide for the selection and 3. That it is the sense of this House that the number of
compensation of the personnel of the Division of State High- employees be kept as low as possible consistent with the effi-
way Patrol of said department and their duties; to provide cient performance of the Clerical work of the House.
for other matters in connection with public safety: and Was taken up.
making certain funds available for the purpose of carrying ow moved the adoption of House Resolution No. 12.
out the provisions hereof". Mr. Morrow moved the adoption of House Resolution No. 12.
Which was read the first time by its title and referred to A Ho lutin No. 12 was adopted
the Committee on Motor Vehicles and Carriers. And House Resoluton No 12 was adopted.
Mr. Harrell moved that the rules be waived and the House
By Mr. Sheldon of Hillsborough- do now adjourn to meet again at 11 o'clock tomorrow morning.
House Bill No. 46: Which was agreed to by a two-thirds vote.
A bill to be entitled An Act to amend Section Six (6) of an Thereupon at the hour of 12:44 P. M. the House stood
Act relating to License Taxes, repealing Chapter 14491, and adjourned until 11 o'clock tomorrow morning.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

THURSDAY, APRIL 10, 1941

The House was called to order by the Speaker at 11:00 A. M. on preparing an "All Florida" motion picture on Florida at-
The roll was called and the following members answered to traction.
their names: Which was read for the first time by its title and referred to
Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers. the Committee on Claims.
Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, By Mr. Shivers of Washington-
Bryan, Burks, Burwell, Butt, Carroll, Carswell, Cawthon, House Bill No. 50:
Chavous, Clark, Clement (Pinellas), Clements (Columbia), A bill to be entitled An Act providing that candidates for
Commander, Cook, Crary, Croft, Davis, Dixon, Dowda, Drig-' the offices of members of the Board of County Commissioners
gers, Dugger, Dunham, Getzen, Gillespie, Graves, Gray, and of the County Board of Public Instruction of Washington
Harrell, Harris (Alachua), Harris (Pinellas), Hatch, Helie, County shall be nominated by the voters of the County at
Hendry, Holt, Horrell, Hosford, Inman, Jenkins, Johnson, Jun- large, and making this effective only after the same has been
kin, Lambe, Lane, Lanier, Leaird, Leedy, Leonardy, Lewis, Lit- ratified by the qualified electors at the General Election to be
tlefield, Luckie, McDonald, McLane, Middleton, Minshall, Mor- held in the year A. D. 1942.
row, Murray, Overstreet, Papy, Peeples, Perry, Potter, Priest, Which was read for the first time by its title and referred to
Riddles, Rivers, Rogers, Safford, Scales, Shafer, Shave, Shel- the Local Calendar.
don, Shivers, Simpson, Slappey, Smith, Strayhorn, Stewart,
Thomas, Toland, Turner, Vathis, Versaggi, Williams, Wise- By Mr. Andrews of Madison-
heart, Wotitzky, Yaeger-95. House Bill No. 51:
A quorum present. A bill to be entitled An Act to amend Section 4, Chapter
The following pray w offered by te C : 16848, Laws of Florida, Acts of 1935, relating to the imposition
The following prayer was offered by the Chaplainof a tax for the privilege of continuing in or engaging in the
Dear Father, save us from falling into the sins which lie at business of a retail merchant.
the root of war, hatred, selfishness, and greed. Help us day Which was read for the first time by its title and referred to
by day so to dwell in Thy presence that we may make our the Committee on Finance and Taxation.
inner life richer through a closer approach to the actual Christ,
who lived, and suffered and triumphed over death for us. We By Messrs. Perry of Sarasota, Wotitzky of Charlotte, Simp-
ask it in His name. Amen. son of Jefferson, Leaird and Burwell of Broward, Johnson of
The reading of the Journal was dispensed with. Lake, Leonardy of Seminole, Scales of Taylor, Driggers of
The Journal of April 9 was corrected and as corrected was Union, Shafer of Polk, Lane and Boyd of Manatee, Holt of
approved. Dade, Ayers of Gilchrist, Sheldon of Hillsborough and Lewis
of Gulf-
INTRODUCTION OF HOUSE BILLS AND JOINT House Bill No. 52:
RESOLUTIONS A bill to be entitled An Act to outlaw in the State of Florida
By Mr. McLane of Escambia- the Communist Party, the German-American Bund, and all
House Bill No. 47: organizations, groups, or individuals associated therewith who
A bill to be entitled An Act to amend Section 17, Chapter seek to overthrow the Government of the United States by
18285, Laws of Florida, 1937, as amended, by raising the maxi- force or violence through the advocacy of criminal anarchy,
mum monthly old age assistance benefits payable under said criminal communism, criminal nazi-ism, and criminal fascism.
act from Thirty ($30.00) Dollars, to Forty ($40.00) Dollars. Which was read the first time by its title and referred to the
Which was read the first time by its title and referred to the Committee on Americanism.
Committee on Public Welfare.
By Mr. McLane of Escambia-
By Mr. McLane of Escambia- House Bill No. 53:
House Bill No. 48: A bill to be entitled An Act appropriating all unexpended
A bill to be entitled An Act to amend Section 18 of Chapter funds of the annual appropriation provided for in Section 23,
18285, Acts of 1937, as amended, by increasing from thirty Chapter 18285, Laws of Florida, Acts of 1937, as amended, at
dollars to forty dollars the maximum monthly assistance to the end of the fiscal year, June 30, 1941, to the State Welfare
be paid to needy blind residents of the State of Florida; direct- Fund.
ing the State Welfare Board to promote the welfare of blind Which was read the first time by its title and referred to the
persons, persons with seriously impaired vision and persons Committee on Public Welfare.
suffering from conditions which might lead to blindness; di-
recting the appointment by the State Welfare Board of an By Mr. Graves of Indian River-
Advisory Committee for the Blind, and outlining the qualifi- House Bill No. 54:
cations and terms of the members thereof; authorizing co- A bill to be entitled An Act designating, declaring and es-
operation with the State Board of Health and other agencies tablishing as state roads certain roads, streets and highways
in the prevention of blindness, and authorizing payment in in Indian River County, Florida.
certain cases by the State Welfare Board for medical and sur-
gical treatment; directing the compilation of a register of Which was read the first time by its title and referred to the
the blind; authorizing the State Welfare Board, in cooperation Committee on Public Roads and Highways.
with the Division of Vocational Rehabilitation of the Depart- By Mr. Perry of Sarasota-
ment of Education of the State of Florida, to maintain services House Bill No. 55:
for vocational aid and training, and specifying the objects H 5
thereof; appropriating sufficient moneys to carry out the pur- A bill to be entitled An Act to define the obligations of
poses of the Act; providing a saving clause in the event of owners, operators, publishers, and employees of newspapers
unconstitutionality of any part hereof; and providing for the when called upon to testify before any court, officer, commis-
effective date hereof. sion or legislative committee of the State of Florida.
Which was read for the first time by its title and referred to Which was read the first time by its title and referred to the
the Committee an Public Welfare. Committees on Judiciary "A" and Public Printing.
By Messrs. Thomas and Johnson of Lake, Overstreet and By Mr. Harrell of Hamilton-
Holt of Dade, Jenkfns of Alachua, Cawthon of Leon, Leedy House Bill No. 56:
of Orange- A bill to be entitled An Act to provide for the purchase,
House Bill No 49: distribution and administration of anti-hog cholera serum
A bill to be entitled An Act authorizing the payment to David and hog cholera virus by the State Live Stock Sanitary Board;
M. Newell of the sum of $17,896.,00 for monies spent by him making an appropriation therefore; and repealing Chapter

24 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 10, 1941

19006, Laws of Florida, Acts of 1939, and repealing all laws By Mr. Luckie of Duval-
in conflict herewith. House Bill No. 63:
Which was read the first time by its title and referred to A bill to be entitled An Act amending Section 19 of Chapter
the Committee on Appropriations. 15789, Laws of Florida, Acts of 1931, defining and classifying
By Mr. Sheldon of Hillsborough- intangible personal property for the purpose of taxation and
House Bill No. 57: the levy and collection of taxes upon such intangible personal
property, said Act being cited or referred to as "Intangible
A bill to be entitled An Act to permit growers of citrus Personal Property Taxation Act of 1931." To provide by such
fruit to hereafter freely sell and cause their citrus fruit to amendment that the lien of such intangible personal property
be transported in bulk in its natural condition to market taxes shall be upon all real or personal property of the tax-
ungraded and unprocessed from and including December first payer in the county in which they are assessed and alien in
of each year to and including June 30th, of the succeeding other counties from the time action is taken to enforce such
year, and relieving the growers and purchasers-at-grove in taxes in such other counties and to subordinate said lien,
bulk from certain inspections and taxes when transporting whether heretofore or hereafter accruing to the lien of bona
citrus fruit direct from groves to market in its natural state fide prior existing mortgages and vendors' liens: and further
and open to public inspection. providing for the enforcement of such prior mortgages or ven-
Which was read the first time by its title and referred to dors' liens against such tax lien of the State of Florida and
the Committee on Citrus Fruits. consenting to such suits to enforce such prior liens with the
By Mr. tewart of H-endry- making of the Comptroller of the State of Florida a party
Huse Bill No defendant for and on behalf of the State of Florida.
House Bill No. 58:
A bill to be entitled An Act to increase to the public the Which was read the first time by its title and referred to the
credit facilities of banks, trust companies and national banks Committee on Finance & Taxation.
doing business in this State by fixing the rate of interest or By Messrs. Bonifay of Santa Rosa and Shivers of Washing-
discount that may be charged on loans not exceeding one ton-
thousand five hundred dollars ($1,500.00), to prescribe the House Bill No. 64:
methods for effecting such charge, and to prescribe the A bill to be entitled An Act to provide for the purchase, dis-
charges thereon. tribution and administration of anti-hog cholera serum and
Which was read the first time by its title and referred to hog cholera virus in the State of Florida by the State Live
the Committee on Banks and Loans. Stock Sanitary Board; making appropriation therefore and
By Mr. Stewart of Hendry- creating a fund to be known as the serum fund.
House Bill No. 59: Which was read the first time by its title and referred to
A bill to be entitled An Act relating to the disposition and the Committee on Appropriations.
distribution of income earned on the estate of a testator By Mr. Strayhorn of Lee-
after his death and during the period of administration of House Bill No. 65:
his estate. A bill to be entitled An Act to govern the sale of real estate
Which was read the first time by its title and referred to by Tax Collectors for non-payment of taxes; providing for the
the Committee on Banks and Loans. issuance of Tax Collector's Deeds; and fixing the time the
By Messrs. Luckie of Duval, and Murray of Polk- same may be redeemed; and fixing the Tax Collector's
House Bill No. 60: fee for issuing and redeeming said deeds; and creating a
A bl to be e d An At to a S 2 a S- County Delinquent Land Board in each county and prescrib-
A billn to be entitled A At to a d section 2 and Sec- ing their duties; and providing for the distribution of monies
tion 20 of Chapter 17097, Laws of Florida, Acts of 1935, received from the sale of tax delinquent land; repealing all
relating to the acquisition, limitation and priority of liens laws placing State and County Taxes on a parity with other
provided for under the Uniform Mechanics' Lien Act, and taxing districts insofar as they may prevent the effective ad-
the rights of purchasers, creditors, and mortgagees for value ministration of this Act; and repealing all other laws or parts
and without notice, with respect to such liens. of laws in conflict herewith.
Which was read the first time by its title and referred Which was read the first time by its title and referred to
to the Committee on Judiciary "A." the Committee on Finance & Taxation.

Mr. uckie o 61Duval- By Mr. Overstreet of Dade-
House Bill No. 66:
A bill to be entitled An Act to amend Section 4846, Revised A ntt An Atl No. 6
General Statutes of Florida, the same being Chapter 6932 "A bill to be entitled An Act to amend Section 3 of Chapter
Compiled General Laws, 1927, as amended by Section 1, 14832, Laws of Florida, Acts of 1931, by adding at the end of
Chapter 16067, Acts of 1933, relating to legal holidays said section the following: "Provided, however, that the Florida
Chapter 16067, Acts of 1933, elatg to legal holidaysState Racing Commission may extend said limitations of time
Which was read the first time by its title and referred for horse and dog racing not to exceed one (1) day at any one
to the Committee on Judiciary "B." track, when such additional day of racing is conducted under
By Messrs. Cawthon of Leon, Burwell of Broward, Beck the auspices and for the sole benefit of some one or more
of Palm Beach, Bonifay of Santa Rosa, Graves of Indian charitable institutions or organizations."
River, Harris of Pinellas, Johnson of Lake, Overstreet of Which was read the first time by its title and referred to
Dade, Holt of Dade, Wiseheart of Dade, Papy of Monroe, the Committee on Public Amusements.
Sheldon of Hillsborough, Shafer of Polk. Safford of Polk,
Murray of Polk, Morrow of Palm Beach, Minshall of Pinellas, By Mr. Helie of Escambia-
Thomas of Lake, Leedy of Orange, Clement of Pinellas, House Bill No. 67:
Lewis of Gulf, Yaeger of Leon, Simpson of Jefferson, McLane A bill to be entitled An Act to abolish the State Board of
of Escambia, Rivers of Clay, Inman of Bradford, Acosta of Beauty Culture Examiners of the State of Florida.
Duval, Versaggi of St. Johns, Turner of St. Johns- Which was read the first time by its title and referred to
House Bill No. 62: the Committee on Public Health.
A bill to be entitled An Act relating to city and town By Mr. Luckie of Duval-
streets and roads or portions thereof, viaducts and bridges, House Bill No. 68:
that constitute the route of connection between or ex- A bill to be entitled An Act relating to propaganda inciting
tension of State roads in the State highway system; de- race, color or religious hatred and prohibiting the printing,
caring that such serve a State purpose; providing for their publishing, possession or distribution of books, speeches.
designation by the State Road Department; authorizing and articles, statements, circulars, pamphlets, pictures, emblems,
requiring the State Road Department to maintain and re- etc., and prohibiting the use of radio or other radio trans-
pair such streets and roads under its supervision and con- mission equipment for the purpose of inciting, counseling,
trol, and to construct and reconstruct such streets and promoting, advocating or symbolizing hatred, violence or
roads under certain conditions, and authorizing it to ex- hostility against any group or groups of persons by reason
ercise certain powers with respect to same; and repealing of race, color, religion or manner of worship and providing a
all laws in conflict herewith. penalty for violation hereof.
Which was read the first time by its title and referred Which was read the first time by its title and referred to
to the Committee on Public Roads & Highways. the Committee on Americanism.

April 10, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 25

By Messrs. Overstreet and Holt of Dade- By Messrs. Holt, Overstreet and Wiseheart of Dade-
House Bill No. 69: House Bill No. 75:
A bill to be entitled An Act relating only to juvenile and
A bill to be entitled An Act to amend Sections 2 and 3 of domestic relations courts in counties which now have, or
Chapter 19245, Laws of Florida, Acts of 1939 being entitled y hereafter have, a population of over 267,000; provid-
"An Act to create and establish the office of probation and mg herecording certa proceeding in oter 267rec s;
Parole officer for the Criminal Court of Record and Court ing for recording certain proceedings in other records; ap-
parole officer for the Criminal Court of Record and Court pointment, duties, and use of court reporters, referees, clerks,
of Crimes, or either or bth h of all counties having a popu- and deputy clerks without any additional expense; pro-
lation of not less than 165,000 according to the last State viding that clerks may administer oaths and take legal
census, and in which there is located and in existence a acknowledgments in such courts; disposal of certain articles
Criminal Court of Record and Court of Crimes, or either or of evidence; providing and enforcing support for children
both, prescribing his duties; providing for the method of his and pregnant females under seventeen; fixing judge's salary
appointment; providing for his compensation and expenses and prohibiting from practicing law; providing for all pur-
incident to said office; providing that persons who have pled poses reasonably incidental; and repealing all laws in con-
guilty or been convicted in said courts may, in the discretion flict.
of the judges in said court or courts as the case may be, be Which was read the first time by its title and
put on probation and sentences suspended, and for all other to hh wasmittee on Cens tme by ts tileand referred
purposes in connection therewith", to the Committee on Census and Apportionment.
purposes in connection therewith".
Which was read the first time by its title and referred to By Messrs. Holt, Overstreet and Wiseheart of Dade-
the Committee on Census and Apportionment. House Bill No. 76:
S A bill to be entitled An Act fixing the salary of the judge
By Messrs. Overstreet of Dade and Morrow of Palm Beach- of the Juvenile Court, or Juvenile and Domestic Relations
House Bill No. 70: Court, in counties which now have, or may hereafter have,
A bill to be entitled An Act levying and imposing an excise a population of over 267,000; providing that same shall be
tax on cigarettes to raise revenue for the support ard relief paid out of the general funds of such county, for all things
of the public free schools of the State of Florida, by raising reasonably incidental, and to repeal all laws in conflict.
revenue for the County School Fund; to provide for the. Which was read the first time by its title and referred
administration and enforcement of this Act and for the to the Committee on Census & Apportionment.
promulgating and enforcement of rules and regulations to By Mr. Holt of Dade-
facilitate such enforcement; to provide penalties for the House Bill No. 77:
violation of this Act and of rules and regulations lawfully
made under the authority hereof. A bill to be entitled An Act relating only to juvenile
Whic s read th first time t title and referred to courts or juvenile and domestic relations courts in counties
Which was read the first time by its title and referred to of over 267,000; to fix and provide for salaries of probation
the Committee on Finance and Taxation. officers and assistant probation. off.icerq ,iud tJeir succes-
By Mr. Luckie of Duval- sors in such courts; for all* purposess regscnabiy I-ncilental
House Bill No. 71: thereto, and to repeal ali lals 1n -cohflict. .
A bill to be entitled An Act to limit the time within which Which was read te.-first time by its title and' Iefetred
writs of error may be taken from judgments in civil actions. to the Committee .dn, (s&lsus & Apportionment. ,*,
Which was read the first time by its title and referred to By Messrs. Eolfr. Overstreet aitd' Wi'seheart f- Dade- '
the Committee on Judiciary "B". House Bill No,,'8 8. *
A bill to be entitled An Act to abolish the office of pro-
By Mr. Holt of Dade- bation officer and the office of all assistant probation of-
House Bill No. 72: ficers of any juvenile court, or juvenile and domestic relations
A bill to be entitled An Act to remove from the titles to court, whether created by General, Special or Local Act, in
real estate the clouds of unperformed contracts of record. any counties of this State which now have or may hereafter
Which was read the first time by its title and referred to have a population of over 267,000, and to provide for the
the Committee on Judiciary "A". repeal of all laws in conflict.
Which was read the first time by its title and referred
By Messrs. Holt, Overstreet, and Wiseheart of Dade- to the Committee on Census & Apportionment.
House Bill No. 73:
A bill to be entitled An Act to authorize the employment By Mr. Overstreet of Dade-
of juvenile court investigators in Juvenile Courts, or Juvenile House Bill No. 79:
and Domestic Relations Courts, in any Counties of this State A bill to be entitled An Act to amend Sections 1 and 2 of
which now have, or may hereafter have, a population of Chapter 2065, Laws of Florida, 1875, by providing for attach-
over 267,000; to provide for their duties and for their com- ment or garnishment of a percentage of the money or other
pensation by counties and for all things reasonably incidental, thing due to the head of a family for labor or services.
including appointment as Deputy Sheriffs under certain Which was read for the first time by its title a'nd referred to
conditions; to provide penalties for violation of this Act, and the Committee on Judiciary "A".
to repeal all laws in conflict.
Which was read the first time by its title and referred to By Mr. Sheldon of Hillsborough-
the Committee on Census and Apportionment. House Bill No. 80:
A bill to be entitled An Act providing for the Homesteading
By Mr. Lewis of Gulf- of State Lands; setting forth the necessary prerequisite and
House Bill No. 74: qualification for those entitled to Homestead property; pro-
A bill to be entitled An Act to repeal Chapter 17894 of viding for the issuance of temporary certificates and deeds by
the Laws of Florida, Acts of 1937, being entitled "An Act the Trustees of the Internal Improvement Fund for Home-
to provide for the prompt payment and adjustment of claims stead Land; providing for the settlement, improvement and
by those engaged in the dry cleaning and laundry business; cultivation of land homesteaded; requiring the filing of proof
to provide for the consolidation and regulation of the clean- and affidavit and fees to be paid to the Trustees of the In-
ing, dyeing, pressing, and laundry industry under one board ternal Improvement Fund; and fixing the limit of the amount
to be known as the Florida Dry Cleaning and Laundry of land to be homesteaded by any person; requiring persons
Board; to provide for the creation of such board and to homesteading land to occupy same for a period of years be-
define its powers, jurisdiction and duties; to exempt the fore receiving a deed to same; and authorizing the Trustees of
ordinary washwomenn" from the provisions hereof; to pro- the Internal Improvement Fund to use the moneys derived
vide for the levying of license fees for the operation of from this act to carry into effect its provisions.
such board; to provide for reasonable charges for service; Which was read for the first time by its title and referred to
to provide for other purposes reasonably incidental; to re- the Committee on Judiciary "B."
peal all laws in conflict; to provide that this Act shall only
apply to counties of over 17,500 population"; and to provide By Mr. Shivers of Washington-
for the disposal of the funds and property of the Florida House Bill No. 81:
Dry Cleaning and Laundry Board. A bill to be entitled An Act to create a State Board of Vet-
Which was read the first time by its title and referred erinary Examiners, to prescribe its powers and duties, to pre-
to the Committees oh Judiciary "A" and Public Health. scribe the qualification of the membership thereof, their com-

26 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 10, 1941

pensation and term of office and providing for the giving of By Mr. Leedy of Orange-
bond by the Treasurer thereof for the faithful performance House Bill No. 84:
of his duty; to define the practice of veterinary medicine and A bill to be entitled An Act to regulate outdoor advertising
surgery in Florida; to vest in said Board the authority to outside of the corporate limits of cities and incorporated towns
examine diplomas and credentials and affidavits of applicants in sight of public highways; to provide for licensing persons
and to hold examinations for applicants; to issue and revoke engaged in the business of outdoor advertising and for the
licenses to practice veterinary medicine and surgery; to collect issuance of permits for advertisements and advertising struc-
fees for licenses and examinations; to disburse said funds tures; to prohibit certain advertisements and advertising struc-
accruing to the Board for the collection of fees; to provide tures and to provide for the removal of advertisements and
penalties for the violation of this act, and providing when advertising structures illegally posted, displayed, erected, used
this act shall become effective. or maintained; to prescribe the powers and duties of certain
Which was read for the first time by its title a'nd referred to officers relating thereto; and to prescribe penalties for viola-
the Committee of Public Health. tions of this Act.
By essrs. Holt, Overstreet and Wiseheart of Dade- Which was read the first time by its title and referred to
By Messrs. Holt, Overstreet and Wiseheat of Dade- the Committee on Finance & Taxation.
House Bill No. 82:
House Bill No. 82: By Messrs. Murray of Polk, and Luckie of Duval-
A bill to be entitled An Act to amend Section 29 of Chapter Mes Murray of Polk, and Luckie of Duval
No. 11520, Laws of Florida, Acts of 1925, the same being an use Bi
Act entitled: "An Act to abolish the present municipality A bill to be entitled An Act to amend Sections 2938, 3616,
known as the City of Homestead, Dade County, Florida, to 3617, 3787, 3789, 3797, 3802, 3803, 3806, 3818, 3822, 3825,
create and establish a new municipality to be known as the 3836, and 3841, of the Revised General Statutes of Florida,
City of Homestead, Dade County, Florida, to define the ter- and also Section 1, Chapter 10168, Acts of 1925, and Section 1,
ritorial limits of said city, to prescribe the jurisdiction, powers Chapter 10169, Acts of 1925; relating to Real Property Titles
and privileges of said city and the jurisdiction and powers of and Estates.
its officers, to validate the ordinances of the former City of Which was read the first time by its title and referred to
Homestead and to adopt the same as the ordinances of the the Committee on Judiciary "A".
new City of Homestead," being approved December 1, 1925. By Messrs. Clement, Harris and Minshall of Pinellas, Holt,
Which Bill was read the first time by its title and had at- Overstreet and Wiseheart of Dade-
tached to same when introduced in the House of Representa- House Bill No. 86:
tives, the following proof of publication, which was ordered Abill to be entitled An Act to amend Chapter 6951, Laws
to be entered in full upon the Journal of the House of Rep- of Florida, 1915, entitled: "An Act providing for the cre-
resentatives action and establishment of a Florida State Board of Archi-
AFFIDAVIT OF PROOF OF PUBLICATION tecture, granting certain powers to and prescribing the
S.. duties of said Board; providing for the examination and
STATE OF FLQ4DA, registration of architects, regulating the practice of archi-
COUNTY OF'.DADE. tecture in the State of Florida, and providing penalties for
e Vi'oleme, the undersigned auitoriitr. personally appeared the violation of this Act", and particularly amending Sections
Jtnme W. Roland, who, on oath, doiest e pnly swear that he 1, 3, 4, 5, 8. 10, 11, 12, 13, 14 and 15 thereof, repealing all
-a W. knowldge wopf the mthtersstated hen that a notice laws in conflict herewith, empowering said Board to sue and
statingg thl,sdsthe c'-,ats csntedmplahed. w or proposed be sued as an instrumentality of the State of Florida, and
bill relating' to:. Amendt S-cti' n 29 of Chnapter No. 11520, providing procedure, remedies and penalties for the enforce-
Laws of Florida, Acts of 1925, has been published at ment of said Act as hereby amended.
least thirty (30) days prior to this date by being printed Which was read the first time by its title and referred to
in the issue of Feb. 21, 28, March 7, 14, 21, 1941, of the Committee on Judiciary "A".
the Redland District News, a newspaper published in Dade By Mr. Clements of Pinellas-
County, Florida, where the matter or thing to be affected by House Bill No. 87:
the contemplated law is situate; that a copy of the notice that A bill to be entitled An Act creating a State Board of
has been published, as aforesaid, and also this affidavit of Naturopathic Medical Examiners, providing for their ap-
proof of publication are attached to the proposed bill or con- pointment, compensation, powers and duties; providing for
templated law, and such copy of the notice so attached is by examining and licensing doctors of naturopathy, and/or
reference made a part of this affidavit, naturopathic physicians, recording of licenses, registration
JAMES W. ROLAND. of doctors of naturopathy, and/or naturopathic physicians
Sworn to and subscribed before me this 3rd day of April A. and the revocation of licenses under certain conditions; to
D. 1941. define naturopathic medicine and naturopathy and to au-
(Seal) thorize and regulate the practice of naturopathic medicine
Sand naturopathy by naturopathic physicians and to provide
E. L. LAWRENCE, for the issuance to holders of licenses heretofore issued new
Notary Public State of Florida at Large. licenses or certificates under this Act and to provide pen-
My Commission expires April 25, 1943. alties for the violation of this Act.
And the House of Representatives thereupon determined Which was read the first time by its title and referred to
that the notice and evidence thereof required by Section 21 the Committee on Public Health.
of Article III of the Constitution, has been established in this By Mr. Lewis of Gulf-
Legislature. House Bill No. 88:
House Bill No. 82 was placed on the Calendar of Local Bills A bill to be entitled An Act appropriating a part of each
on Second Reading without reference. fund now in the State Treasury to the credit of certain
g boards, departments and/or commissions to the general fund
By Messrs. Holt of Dade and Leedy of Orange- of the State; and requiring the contribution of and from
House Bill No. 83: such funds now existing and hereafter to be created of a
A bill to be entitled An Act imposing an additional tax upon percentage of such collections to be paid to the general
gasoline or other like products of petroleum; providing for re- revenue fund of the State.
ports of sales of such commodities to the Comptroller of the Which was read the first time by its title and referred to
State of Florida; providing for the disposition of the moneys the Committee on Finance and Taxation.
derived from such taxes, and the apportionment thereof to the By Mr. Lewis of Gulf-
General Revenue Fund of the State, and to the County School House Bill No. 89:
Fund; providing that the Gasoline Inspection Laws of the A bill to be entitled A Act to declare, designate and es-
State of Florida shall apply to this Act; prohibiting the levy tablish certain State Roads in Gulf County, Florida
and collection by municipalities and other political subdivi-
sions of gasoline taxes; providing for the enforcement of this Which was read for the first time by its title a'nd referred to
Act, and penalties for violation hereof and providing that this the Committee on Public Roads and Highways.
Act is an emergency revenue measure and shall be of no force By Mr. Shivers of Washington-
and. effect from and after July 1, 1943. House Bill No. 90:
Which was read the first time by its title and referred to A bill to be entitled An Act repealing Chapter 19231, Laws
the Committee on Finance & Taxation, of Florida, Acts of 1939, the title of which is "An Act to Pro-

April 10, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 27

vide for the Regulation, Supervision and Control of the Pro- mental subdivision thereof or therein. Ad valorem tax shall
duction, Processing, Bottling, Transportation, Storage, be construed to mean a tax against property or the owner-
Distribution and Sale of Milk, Cream and Milk Pro- ship thereof based upon value as determined by an assessing
ducts, including regulation of prices and for this purpose to officer or agency."
create a Milk Commission defining its jurisdiction, powers and Which was read the first time in full and referred to
duties; to declare that an emergency exists and is continuing; the Committee on Constitutional Amendments.
to provide for the appointment, suspension, removal, com-
pensation, costs and expenses of such commission and the By Messrs. Simpson of Jefferson, Carroll of Osceola, Leedy
members thereof, officers, agents, administrators and em- of Orange, Holt/ of Dade, and Perry of Sarasota.
ployees thereof; to provide for licensing of producers, pro- House Joint Resolution No. 96:
ducer-distributors, distributors and milk dealers; to pro-
vide for the raising of funds through license fees and other A Joint Resolution Proposing an amendment to Article IV
charges for the administration of this act; to provide for the of the Constitution of the State of Florida relative to the ex-
disposition of the revenue collected hereunder, and to im- ecutive department, by adding thereto an additional Section
pose penalties for violation of the provisions of this act; to to create a Game and Fresh Water Fish Commission.
provide for the legal succession by this commission herein BE IT RESOLVED by the Legislature of the State of Florida:
created of the Milk Board established by Chapter 18022, Laws That the following amendment to Article IV of the Constitu-
of Florida, Acts of 1937." tion of the State of Florida relative to the Executive Depart-
Which was read for the first time by its title and referred to ment by adding thereto an additional Section to be known as
the Committee of Public. Health. Section 30 of said Article IV, creating a Game and Fresh Water
Mr. Getzen of Sumter- Fish Commission be and the same is hereby agreed to and
House Bill N. 91. shall be submitted to the Electors of the State of Florida for
ratification or rejection at the General Election to be held on
A bill to be entitled An Act designating, declaring and es- the first Tuesday after the first Monday in November, 1942,
tablishing as a State Road and requesting the taking over as follows:
and maintenance by the State Road Department of Florida,
that certain highway beginning at a point on State Road No. Section 30. 1. From and after January 1, 1943, manage-
2, between Coleman and Wildwood, Florida, where said road ment, restoration, conservation and regulation of the birds,
intersects with the south city limits of the city of Wildwood, game, fur bearing animals and the fresh water fish of the
Florida, thence north over the present paved road to its inter- State of Florida and the control and management of hatch-
section with State Road No. 2, between Wildwood and Oxford, series, sanctuaries, refuges, reservations and all other property
Florida, where said road intersects with the north city limits now owned or used for said purposes or hereafter acquired for
of Wildwood, Florida. said purposes and the acquisition and establishment of the
same shall be vested in a Commission to be known as the Game
Which was read for the first time by its title and referred to d Fresh Water Fish Commission, to consistof five members,
the Committee on Public Roads and Highways. one from each congressional district, as now existing, who
By Messrs. Getzen of Sumter, Gray of Bay, Littlefield of shall be appointed by the Governor, subject to confirmation
Volusia_ by the Senate. The members so appointed shall annually elect
House Bill No. 92: one of their members as chairman of the Commission. Among
A bill to be entitled An Act to amend Sections 4979 and the power granted to the Commission by this section shall be
4980, Revised General Statutes of Florida, 1920, the same the power to fix bag limits, to fix open and closed seasons on
being Sections 7068 and 7069, Compiled General Laws of a state-wide, regional or local basis, as it may find to be ap-
Florida, 1927, relating to the payment of wages due an propriate, and to regulate the manner and method of taking,
employee upon his death to his wife or other close relative transporting, storing and using birds, game, fur bearing ani-
by including therein in addition to wages traveling ex- mals, fresh water fish, reptiles and amphibians.
penses due such employee. 2. The first members of the Commission shall be appointed
Which was read the first time by its title and referred to on January 1, 1943, and their terms shall expire one year
the Committee on Judiciary "B". apart. At the expiration of such terms successors shall be
appointed to serve for terms of five years.
By Messrs. Best and Hatch of Suwannee- 3. The members of the Commission shall receive no com-
House Bill No. 93: pensation for their services as such, but each Commissioner
A bill to be entitled An Act for the relief of J. P. Blanchard. shall receive his necessary traveling or other expenses incurred
Which was read the first time by its title and referred to while engaged in the discharge of his official duties, but not
the Committee on Claims. to exceed the sum of $600.00 in any one year.
By Mr. Sheldon of Hillsborough- 4. The Commission shall have the power to acquire by pur-
House Bill No. 94: chase, gift, eminent domain, or otherwise, all property neces-
A n sary, useful or convenient for the use of the Commission, or
A bill to be entitled An Act prohibiting the sale, trans- for the exercise of any of its powers hereunder, and in the
portation for sale and possession for purpose of sale, of event the right of eminent domain is exercised, it shall be
fireworks and similar explosives within the State of Florida, exercised in the same manner as now or hereafter may be
and to prohibit the intentional igniting or explosion thereof provided for the exercise of eminent domain by the State Road
within the State of Florida, and providing penalties for Department.
violation of this Act.
vla hon w s eat f 5. The Commission shall appoint, and at pleasure remove,
Which was read the first time by its title and referred to as Director, a fit and suitable person, who shall appoint and
the Committee on Public Health. at pleasure remove assistants and other employees, who shall
By Messrs. Scales of Taylor, Jenkins of Alachua, Shivers fix their salaries subject to the approval of the Commission,
of Washington, and Priest of Madison- except that no Commissioner shall be eligible for such appoint-
House Joint Resolution No. 95: ment or employment.
A Joint Resolution proposing an amendment to Article Nine 6. The funds resulting from the operations of the Com-
(9) of the Constitution of the State of Florida, relative to tax- mission and from the administration of the laws and regula-
ation and finance, to be known as Section Sixteen (16) of tions pertaining to birds, game, fur bearing animals, fresh
Article Nine (9). water fish, reptiles and amphibians shall constitute the State
Game Fund, and shall be used in carrying out the provisions
BE IT RESOLVED BY THE LEGISLATURE OF THE thereof, and for no other purpose. The Commission may not
STATE OF FLORIDA: obligate itself beyond the resources of the State Game Fund
That, the following amendment to Article Nine (9) of the except as authorized by the Legislature.
Constitution of the State of Florida, to be known as Section 7. The Legislature may enact any laws in aid of, but not
Sixteen (16) of said Article Nine (9), be and the same is inconsistent with, the provisions of this amendment, and all
hereby agreed to and shall be submitted to the electors of existing laws inconsistent herewith shall no longer remain in
the State of Florida at the next general election to be held force and effect. All laws fixing penalties for the violation
on the first Tuesday after the first Monday, in November, of the provisions of this amendment and all laws imposing
A. D., 1942, for ratification or rejection, license taxes, shall be enacted by the Legislature from time
"Section 16. From and after December 31, 1942, no ad to time.
valorem tax shall be levied against real or personal prop- Which was read the first time in full and referred to the
erty in this State by the State or any county, city, or govern- Committee on Constitutional Amendments.

28 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 10, 1941

By Mr. Overstreet of Dade- the State, with the consent of Congress, may keep in time
House Joint Resolution No. 97: of peace.
A Joint Resolution proposing the amendment to Section 1, Which was read the first time in full and referred to the
of Article X of the Constitution of Florida, relating to Home- Committee on Constitutional Amendments.
stead and exemption, so as to permit the wages, salary and By Messrs Shafer, Murray and Safford of Polk-
income from any source whatsoever due to any person the House Bil No 100
head of a family as provided therein, to be the subject of House Bill No. 100:
garnishment in the courts of this State, as now provided by A bill to be entitled An Act relating to the public health
law. and making it mandatory for the County Commissioners of
Polk County to establish a full time local health unit under
BE IT ENACTED BY THE LEGISLATURE OF THE STATE Chapter 14906, Laws of Florida, enacted at the 1931 Session
OF FLORIDA: of the Legislature, and providing a referendum.
Section 1: That the following amendment to Section 1, Which was read the first time by its title and referred to
Article X of the Constitution of Florida, authorizing the gar- the Local Calendar.
nishment of any wages, salary or income due any person who
is the head of a family, as provided therein, to the extent of By Messrs. McDonald, Sheldon and Toland of Hillsborough-
25%, thereof, be, and the same is hereby agreed to and shall House Bill No. 101:
be submitted to the electors of the State in the General Elec- A bill to be entitled An Act amending the charter of the
tion of Representatives in 1942 for their approval or rejection; City of Tampa, Florida, by authorizing said city to levy a
that is to say, that Section 1 of Article X be amended by add- special tax, not exceeding one mill, upon real and personal
ing thereto the following section: property therein, for the purpose of maintaining a public
"Section 1-A: That the salary, wages and income from any library in said city.
source whatsoever due and owing, or to become due and owing Which Bill was read the first time by its title and had
to any person who is the head of a family residing in this attached to same when introduced in the House of Repre-
State, shall be the subject of garnishment in the courts of sentatives, the following proof of publication, which was
this State as is now provided by law, to the extent of 25% of ordered to be entered in full upon the Journal of the House
such salary, wages and income, of Representatives:
Which was read the first time in full and referred to the AFFIDAVIT OF PROOF OF PUBLICATION
Committee on Constitutional Amendments. STATE OF FLORIDA,
STATE OF FLORIDA,
By Mr. Wotitzky of Charlotte- COUNTY OF HILLSBOROUGH.
House Joint Resolution No. 98: Before me, the undersigned authority, personally appeared
Proposing to amend Section 9 of Article IX, of the Con- Charles E. Silva who, on oath, does solemnly swear that
stitution of the State of Florida relating to exemption from he has knowledge of the matters stated herein; that a no-
taxation of property to the value of five hundred dollars tice stating the substance of a contemplated law or pro-
by extending such exemption to all persons over seventy posed bill relating to: Amending the Charter of the City
years of age whose gross income is one thousand dollars of Tampa, Florida has been published at least thirty (30)
per year or less; and by limiting such exemption to those days prior to this date by being printed in the issue of
persons whose gross income is one thousand dollars per an- March 7th, 1941, of the Florida Labor Advocate, a news-
num or less. paper published in Hillsborough County, Florida, where the
B T REO ED B TE LEGISLATUE OF HE matter or thing to be affected by the contemplated law is
BE IT RESOLVED BY THE LEGISLATURE OF THE situate; that a copy of the notice has been published,
STATE OF FLORIDAas aforesaid, and also this affidavit of proof of publication
That Section 9 of Article IX of the Constitution of the are attached to the proposed bill or contemplated law, and
State of Florida be and the same is hereby amended, and such copy of the notice so attached is by reference made
as amended, is agreed to and such amendment shall be a part of this affidavit.
submitted to the electors of the State of Florida at the CAR E A
general election of representatives to be held in the year CHARLES E. SILVA.
1942 for approval or rejection. Said Section 9 of Article IX, Sworn to and subscribed before me this 7th day of March,
as amended, shall read as follows: A. D. 1941.
"There shall be exempt from taxation property to the (S
value of five hundred dollars to every widow and to every MRS. M. E. GODDARD,
person aged seventy (70) years or more and to every person Notary Public State of Florida at Large.
who has lost a limb or has been disabled in war or by mis- My Commission expires August 23, 1942.
fortune, PROVIDED, that widows, aged persons, crippled And the House of Representatives thereupon determined
and disabled persons whose gross income exceeds one thou- that the notice and evidence thereof required by Section
sand dollars per annum shall not be eligible to receive such 21 of Article III of the Constitution, has been established
exemption; and Provided that the Legislature shall prescribe in this Legislature.
by law how this section shall be administered." House Bill No. 101 was placed on the Calendar of Local
Which was read the first time in full and referred to the Bills on Second Reading without reference.
Committee on Constitutional Amendments.
By Mr. Wotitzky of Charlotte-
By Mr. Shivers of Washington- House Bill No. 102:
House Joint Resolution No. 99: A bill to be entitled An Act relating to the publication of
A Joint Resolution-Proposing an amendment of Section official public notices and legal advertisements and the
10 of the Declaration of Rights of the Constitution of the amounts to be charged therefore: amending section 2944 of the
State of Florida, relating to criminal procedure, grand juries, Revised General Statutes of Florida of 1920, being the same as
presentments and indictments of persons for capital crimes Section 3 of Chapter 3022, Laws of Florida, Acts of 1877, as
and other felonies. amended by Section 1 of Chapter 12215, Laws of Florida, Acts
BE IT RESOLVED BY THE LEGISLATURE OF THE of 1927, being the same as Section 4668 of the Compiled Gen-
STATE OF FLORIDA: eral Laws of Florida, 1927.
That Section 10 of the Declaration of Rights of the Con- Which was read for the first time by its title and referred to
stituition of the State of Florida, relating to criminal pro- the Committee on Public Printing.
cedure, grand juries, presentments and indictments of per- By Mr. Jenkins of Alachua-
sons for capital crimes and other felonies, be and the same
is hereby agreed to and shall be submitted to the qualified House Bill No. 103:
electors of the State of Florida for ratification or rejec- A bill to be entitled An Act to designate the General Library
tion at the general election to be held on the first Tuesday of the University of Florida as a State Depository of Public
after the first Monday in November, 1942. Documents, to provide for furnishing it said documents, and to
Section 10. No person shall be tried for a capital crime authorize and instruct it to exchange said documents and to
or other felony, unless on presentment or indictment by supply certain material to the Law Library of the University
a grand jury, except as is otherwise provided in this Con- of Florida.
stitution, and except in cases of impeachment and in cases Which was read for the first time by its title and referred to
in the militia when in active service in time of war, or which the Committee on Judiciary B.

April 10, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 29

By Mr. Chavous of Dixie- INTRODUCTION OF HOUSE MEMORIALS
House Bill No. 104: By Mr. Butt of Brevard-
A bill to be entitled An Act to provide for the support and House Memorial No. 1:
maintenance of schools, by the raising of public revenue by a A MEMORIAL TO CONGRESS REQUESTING THAT THE
tax upon the privileges of engaging in certain occupations, CONGRESS OF THE UNITED STATES TAKE APPRO-
and, by a tax upon certain business and commercial trans- PRIATE STEPS AND ENACT LAWS THAT WILL PROHIBIT
actions and enterprises; to provide for the ascertainment, as- THE CALLING OF, OR PARTICIPATION IN, STRIKES BY
sessment, collection and distribution of such tax; to provide ANY GROUP OF WORKMEN WORKING ON DEFENSE
that certain courts shall have jurisdiction to hear and de- PROJECTS OR IN THE PRODUCTION AND MANUFAC-
termine causes incident to such taxes; to provide penalties TURE OF MATERIALS AND SUPPLIES.
for the violation of terms hereof and to repeal certain statutes. Which was read the first time by its title.
Which was read for the first time by its title and referred to Mr. Butt moved that the rules be waived and the House
the Committee on Finance and Taxation. do now take up and consider House Memorial No. 1.
By Mr. Lewis of Gulf- Which was agreed to by a two-thirids vote.
House Bill No. 105: Mr. Butt moved that the rules be waived and House Memor-
A bill to be entitled An Act to repeal Chapter 18022 of ial No. 1 be read a second time by its title.
the Acts of the Legislature of Florida of 1937, which said Which was agreed to by a two-thirds vote.
Act creates the Florida Milk Control Board and provides And House Memorial No. 1 was read a second time by its
for its powers and duties. title.
Which was read the first time by its title and referred to Mr. Butt moved that the rules be further waived and that
the Committee on Public Health. House Memorial No. 1 be read a third time in full and placed
Mr. Gray moved that the rules be waived and the House upon its passage.
do now revert to the order of Introduction of House Reso- Which was agreed to by a two-thirds vote.
lutions. And House Memorial No. 1 was read a third time in full.
Which was agreed to by a two-thirds vote. When the vote was taken on the passage of House Memor-
And it was so ordered. ial No. 1 the result was:
INTRODUCTION OF HOUSE RESOLUTIONS Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers,
By Mr. Gray of Bay- Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady,
House Resolution No. 13: Bryan, Burks, Burwell, Butt, Carroll, Carswell, Cawthon,
AChavous, Clement (Pinellas), Clements (Columbia), Com-
A resolution to provide for the establishment of a re- mander, Cook, Crary, Croft, Davis, Dixon, Dowda, Driggers,
ciprocal trade committee to work in connection with a sim- er, ha ,
ilar committee established by the Legislature of the State Dugger, Dunham, Getzen, Gillespie, Graves, Gray, Harrell.
loar committee established by the Legislature of the State Harris (Alachua), Harris (Pinellas), Hatch, Helie, Hendry,
SGeorgia. Holt, Horrell, Hosford, Inman, Jenkins, Johnson, Junkin,
WHEREAS, at various times in the past the Legislature Lambe, Lane, Leaird, Leedy, Leonardy, Lewis, Littlefield,
of the State of Georgia has seen fit to consider favorably Luckie, McDonald, McLane, Middleton, Minshall, Morrow,
various legislation that would be detrimental to the interest Murray, Overstreet, Papy, Peeples, Perry, Potter, Priest. Rid-
of Commerce and Industries of the State of Florida, and dles, Rivers, Rogers, Safford, Scales, Sheldon, Shivers, Simp-
WHEREAS, the difficulties have been settled in the past son, Slappey, Smith, Strayhorn, Stewart, Thomas, Toland,
by Reciprocal Trade Committee of the Legislature of the Turner, Vathis, Versaggi, Williams, Wiseheart, Wotitzky,
State of Florida, and the Legislature of the State of Georgia, Yaeger-91.
and Nays-None.
WHEREAS, the recent session of the Georgia Legislature INTRODUCTION OF HOUSE BILLS AND JOINT
has seen fit to again erect trade barriers that would prove RESOLUTIONS
detrimental to the interest of the 'citizens of Florida, and By Mr. Sheldon of Hillsborough
WHEREAS, the Legislature of the State of Georgia has House Bill No. 106:
recently established a Committee for the purpose of meeting A bill to be entitled An Act providing for the recovery of
with a Committee from the Legislature of the State of
Flowith a Committee ridafrom the Legislature of the State of damages by persons bitten by dogs and creating a liability of
the owners of such dogs.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA- Which was read the first time by its title and referred to
TIVES OF THE STATE OF FLORIDA IN SESSION AS- the Committee on Judiciary "B."
SEMBLED:
Section 1. That a Committee of five (5) members of the By Mr. Safe of olk-
House of Representatives be designated as the Florida Re- House Bill No. 107:
ciprocal Trade Committee. A bill to be entitled An Act for the relief of Woodrow W.
Section 2. That the members of this Committee shall be Cottingham a resident of Polk County, Florida, providing an
chosen by the Speaker of the House, who will upon naming ap priation for injuriesand damages sustained by him
the Committee designate one member of the said Committee while a member of the One Hundred and Sixteenth Field
has Chairman of the said Cmommittee Artillery, Florida National Guard, with the rank of Sergeant;
providing for the State Treasurer and the State Comptroller
Section 3. That said Committee shall meet with the sim- of the State of Florida to draw and cause to be drawn war-
ilarly designated Committee of the Georgia Legislature for rant in payment of the said appropriation herein provided
the purpose of settling controversial issues of both the State for and providing for the enforcement of this Act.
of Florida and the State of Georgia as it would be deemed Which was read the first time by its title and referred to
to the best interest of both States. the ch wa eadthe frst tme by ts ttle and referred toClaims.
the Committee on Claims.
Which was read in full.
By Mr. Sheldon of Hillsborough-
Mr. Gray moved the adoption of the resolution. House Bill No. 108:
Pending consideration thereof. A bill to be entitled An Act to create a Board of Exam-
Mr. Lewis of Gulf offered the following amendment to iners and Registration of Nurses; to provide for the qualifi-
House Resolution No. 13: cations, appointment, duties, powers, compensation and meet-
Add: ings of said board; and to provide for the qualifications,
examination and registration of Nurses, and the collection
Section 4. It being distinctly understood that no expense of fees for such examination and registration; to provide
shall be borne by the State of Florida. for the safe keeping of all moneys received by said board,
Mr. Lewis moved the adoption of the amendment. and the compensations of its officers and persons render-
Which was agreed to and the amendment was adopted, ing services under its authority; and to provide for the
issuance or refusal, and the revocation of Certificates of
The question then recurred on the adoption of the reso- Registration of such nurses; to define and provide for the
lution, as amended. registration of accredited hospitals and accredited schools
Which was agreed to and House Resolution No. 13, as of nursing; to define graduate nurses and provide for the
amended, was adopted. issuance of temporary permits of license to nurses; to reg-

30 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 10,1941

ulate the practice of nursing; and provide penalties for the Mr. Clement moved that the motion to reconsider be laid
violation of the provisions of this Act. on the table.
Which was read the first time by its title and referred to Which was agreed to.
the Committee on Public Health. And the motion to reconsider the vote by which House
By Messrs. McLane and Helie of Escambia- Bill No. 1 passed the House was laid on the table.
House Bill No. 109: Mr. Holt moved that the rules be further waived and House
A bill to be entitled An Act to amend Section 10 of Chap- Bill No. 1 be immediately certified to the Senate.
ter 11865 of the Laws of Florida, Acts of 1927, entitled "An Which was agreed to by a two-thirds vote.
Act amending Sections 1, 2, 3, 7, 8, 9, 10, 11, 12, 14, 15. 16, And the same was ordered immediately certified to the
17, 18, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, and 33 Senate.
of Chapter 10028, Acts of 1925, Laws of Florida, relating to Mr. Shafer requested that House Bill No. 26 be withdrawn
building and loan associations., from the Committee on Judiciary "A" and referred to the
Which was read the first time by its title and referred to Committee on Judiciary "B".
the Committee on Building & Loan Associations. And without objection it was so ordered.
By Mr. Shivers of Washington- Mr. Slappey moved that the rules be waived and the House
House Bill No. 110: do now revert to the order of Introduction of House Reso-
A bill to be entitled An Act repealing Chapter 17894, lutions.
Laws of Florida, Acts of 1937, the title of which is "An Act Which was agreed to by a two-thirds vote.
to provide for the prompt payment and adjustment of And it was so ordered.
claims by those engaged in the dry cleaning and laundry
business; to provide for the consolidation and regulation of INTRODUCTION OF HOUSE RESOLUTIONS
the cleaning, dyeing, pressing and laundry industry under By Messrs. Davis and Slappey of Gadsden-
one board to be known as the Florida Dry Cleaning and
Laundry Board; to provide for the creation of such board House Resolution No. 14:
and to define its powers, jurisdiction and duties; to exempt WHEREAS, on the 3rd day of February, A. D. 1941, the
the ordinary washwomenn" from the provisions hereof; to Lord in His Divine WiSdom called the Honorable Samuel H.
provide for the levying of license fees for the operation of Strom of Gadsden County, Florida, to the Great Beyond, and
such board; to provide for reasonable charges for service; WHEREAS, the said Samuel H. Strom. respected and hon-
to provide for other purposes reasonable incidental; to ored citizen of Gadsden County, Florida, served with dis-
repeal all laws in conflict; to provide that this Act shall tinction as a member of the Florida House of Representa-
only apply to counties of over 17,500 population." tives during its first session in 1887, under the Constitution
Which was read the first time by its title and referred of 1885, and at the sessions of 1913, 1917, 1919, 1925 and
to the Committee on Public Health. 1931, and
CONSIDERATION OF HOUSE BILLS OF A GENERAL WHEREAS, during his life time he made many loyal
S D A friends, never failing a friend in an hour of need, and by
NATURE ON SECOND READING honesty and faithfulness to his ideals he endeared himself
House Bill No. 1: to the people in his section of the State, devoting his life
A bill to be entitled An Act to regulate the purchase of wages, to the interests and well being of his fellowman, and
salaries or other compensation for services and the taking of WHEREAS, it is the desire of the membership of this body,
assignments thereof where the consideration for the purchase now sitting in legislative session, to express to the bereaved
or assignment shall be $300 or less, and to provide that such family of the said Samuel H. Strom our deep, sincere and
transactions shall, in the application of all laws, civil or crim- heartfelt sympathy and share with the family their deep

inal, relating to loans, interest charges or usury, be deemed sorrow and great loss of one of our former members.
loans secured by such assignments and that the amount by
which such assigned compensation shall exceed the amount BE IT THEREFORE RESOLVED BY THE HOUSE OF
of the consideration actually paid therefore shall, in the ap- REPRESENTATIVES OF THE STATE OF FLORIDA:
plication of such laws, be deemed interest on the loan from That we record, with regret and great sorrow, the passing
the date of the payment for such purchase or assignment until of this distinguished and beloved citizen and one of our
the date such compensation is payable. former members of this Legislature and inscribe upon the
Was taken up. record of our proceedings on a separate page of the Journal
to be set apart for that purpose, our testimonial to his
Mr. Leaird moved that the rules be waived and House Bill memory.
No. 1 be read a second time by its title. BE IT FURTHER RESOLVED that a copy of this Reso-
Which was agreed to by a two-thirds vote. lution, under the hand of the Speaker and Chief Clerk, be
And House Bill No. 1 was read a second time by its title. forwarded to the members' of his family.
-Which was read in full.
Mr. Leaird moved that the rules be further waived and
that House Bill No. 1 be read a third time in full and placed Mr. Slappey moved the adoption of the resolution.
upon its passage. Which was agreed to and House Resolution No. 14 was
Which was agreed to by a two-thirds vote. adopted.
And House Bill No. 1 was read a third time in full. Mr. Harrell moved that a committee of three be appointed
When the vote was taken on the passage of House Bill to escort the Honorable Claude Pepper, United States Senator
No. 1 the result was: from Florida, and Mrs. Pepper to the rostrum.
Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers, Which was agreed to.
Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, Thereupon the Speaker appointed Messrs. Harrell, Carroll
Bryan, Burks, Burwell, Carroll, Carswell, Cawthon, Chavous, and Cawthon as a committee who escorted Senator and Mrs.
Clark, Clement (Pinellas), Clements (Columbia), Commander, Pepper to the rostrum where they were introduced by the
Cook, Crary, Croft, Davis, Dixon, Dowda, Driggers, Dugger, Speaker to the membership of the House, after which Senator
Dunham, Getzen, Gillespie, Graves, Gray, Harrell, Harris Pepper made a brief address.
(Alachua), Harris (Pinellas), Hatch, Helie, Hendry, Holt, Mr. Shafer moved that the House do now recess for fifteen
Horrell, Hosford, Inman. Jenkins, Johnson, Junkin, Lambe, minutes.
Lane, Lanier, Leaird, Leedy, Leonardy, Lewis, Littlefield.
Luckie, McDonald, McLane, Middleton. Minshall, Morrow, Which was agreed to.
Murray, Overstreet, Papy, Peeples, Perry, Potter, Priest, Rid- Thereupon at the hour of 12:42 P. M. the House stood in
dles, Rivers, Safford, Scales, Shafer, Sheldon, Shivers, Simp- recess for fifteen minutes.
son, Slappey, Smith, Strayhorn, Stewart, Thomas, Toland, Pursuant to recess order the House reconvened at 12:57
Turner, Vathis, Versaggi, Williams, Wiseheart, Wotitzky, P. M.
Yaeger-92. The roll was called and the following members answered
Nays-None. to their names:
Mr. Chavous moved that the House do now reconsider the Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers,
vote by which House Bill No. 1 passed. Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady,

April 10, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 31

By Messrs. Davis and Slappey of Gadsden

"fHouse 'Resolution Tlo. 14

WHEREAS, on the 3rd day of February, A. D. 1941, the Lord in His
Divine Wisdom called the Honorable Samuel H. Strom of Gadsden County,
Florida, to the Great Beyond, and
WHEREAS, the said Samuel H. Strom, respected and honored citizen
of Gadsden County, Florida, served with distinction as a member of the
Florida House of Representatives during its first session in 1887, under the
Constitution of 1885, and at the sessions of 1913, 1917, 1919, 1925 and 1931,
and
WHEREAS, during his life time he made many loyal friends, never
failing a friend in an hour of need, and by honesty and faithfulness to his
ideals he endeared himself to the people in his section of the State, devoting
his life to the interests and well being of his fellowman, and
WHEREAS, it is the desire of the membership of this body, now sitting
in legislative session, to express to the bereaved family of the said Samuel
H. Strom our deep, sincere and heartfelt sympathy and share with the
family their deep sorrow and great loss of one of our former members.

BE IT THEREFORE RESOLVED BY THE HOUSE OF REPRE-
SENTATIVES OF THE STATE OF FLORIDA:
That we record, with regret and great sorrow, the passing of this
distinguished and beloved citizen and one of our former members of this
Legislature and inscribe upon the record of our proceedings on a separate
page of the Journal to be set apart for the purpose, our testimonial to his
memory.
BE IT FURTHER RESOLVED that a copy of this Resolution, under
the hand of the Speaker and Chief Clerk, be forwarded to the members of
his family.

________^111 ~~~~~eeeee~~~~~~eeee~ ~ s I 711I II1 C I -

32 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 10, 1941

Bryan, Burks, Burwell, Butt, Carroll, Carswell, Cawthon, may hereafter be paid to the State of Florida, and all funds
Chavous, Clark, Clement (Pinellas), Clements (Columbia), derived from the licensing and taxing of other forms of games
Commander, Cook, Crary, Croft, Davis, Dixon, Dowda, Drig- for amusement where the same is to be apportioned to the
gers, Dugger, Dunham, Getzen, Gillespie, Graves, Gray, several counties of the State of Florida, shall in Levy County,
Harrell, Harris (Alachua), Harris (Pinellas), Hatch, Helie, Florida, be paid by the State Treasurer, or other officer having
Hendry, Holt, Horrell, Hosford, Inman, Jenkins, Johnson, Jun- the authority to disburse said funds, to the Board of Public
kin. Lambe, Lane, Lanier, Leaird, Leedy, Leonardy, Lewis, Lit- Instruction of Levy County, Florida, and providing for the
tlefield, Luckie, McDonald, McLane, Middleton, Minshall, Mor- payment of certain portions of said funds to the Board of
row, Murray, Overstreet, Papy, Peeples, Perry, Potter, Priest, County Commissioners of Levy County, Florida, for general
Riddles, Rivers, Rogers, Safford, Scales, Shafer, Shave, Shel- county purposes; and providing for the use of the remainder
don, Shivers, Simpson, Slappey, Smith, Strayhorn, Stewart. thereof by the Board of Public Instruction of Levy County,
Thomas, Toland, Turner, Vathis, Versaggi, Williams, Wise- Florida.
heart, Wotitzky, Yaeger-95. Which Bill was read the first time by its title and had at-
A quorum present. tached to same when introduced in the House of Representa-
Mr. Holt moved that the rules be waived and the hour of tives, the following proof of publication, which was ordered
adjournment be extended until after completion of introduc- to be entered in full upon the Journal of the House of Rep-
tion of bills. resentatives:
Which was agreed to by a two-thirds vote. AFFIDAVIT OF PROOF OF PUBLICATION
And it was so ordered. STATE OF FLORIDA,
INTRODUCTION OF HOUSE BILLS AND JOINT COUNTY OF LEVY.
RESOLUTIONS Before me, the undersigned authority, personally appeared
By Mr. Lanier of Highlands L. E. Vause who, on oath, does solemnly swear that he has
House Brill Nio. Hi knowledge of the matters stated herein; that a notice stating
House Bill No. 11: the substance of a contemplated law or proposed bill relating
A bill to be entitled An Act requiring the registration and/or to Race Track funds has been published at least thirty (30)
re-registration of the electors of Highlands County, Florida; days prior to this date by being printed in the issue of
to provide for new registration books and lists of electors, and March 6-13-20-27 and April 3, 1941, of The Williston Sun,
to provide for the compensation of the Supervisor of Regis- a newspaper published in Levy County, Florida, where the
tration. matter or thing to be affected by the contemplated law is
Which Bill was read the first time by its title and had at- situate; that a copy of the notice that has been published,
tached to same when introduced in the House of Representa- as aforesaid, and also this affidavit of proof of publication
tives, the following proof of publication, which was ordered are attached to the proposed bill or contemplated law, and
to be entered in full upon the Journal of the House of Rep- such copy of the notice so attached is by reference made a
resentatives: part of this affidavit.
(Signed) L. E. VAUSE.
AFFIDAVIT OF PROOF OF PUBLICATION Sworn to and subscribed before me this 3rd day of April,
STATE OF FLORIDA. A. D. 1941.
COUNTY OF HIGHLANDS. (Seal)
Before me, the undersigned authority, personally appeared (Signed) CLYDE G. TRAMMELL,
N. A. Broking who. on oath, does solemnly swear that he Notary Public State of Florida at Large.
has knowledge of the matters stated herein; that a notice
stating the substance of a contemplated law or proposed bill M Commission expires ............
relating to An Act to require a registration, or reregistration And the House of Representatives thereupon determined
of voters in Highlands County, Florida, in order to be that the notice and evidence thereof required by Section 21
qualified to vote at any general or special or primary elec- of Article III of the Constitution, has been established in this
tion, to be held in the year 1942, or subsequent years there- Legislature.
after, and prescribing the time, method and manner for House Bill No. 112 was placed on the Calendar of Local
said registration or reregistration of all voters in said county Bills on Second Reading.
has been published at least thirty (30) days prior to this Which was read the first time by its title and referred to
date by being printed in the issue of February 27. 1941, of the Local Calendar.
The Highlands County News, a newspaper published in
Highlands County, Florida, where the matter or thing to By Messrs. Carroll of Osceola, Hendry of Okeechobee, Stray-
be affected by the contemplated law is situate; that a copy horn of Lee, Dowda of Putnam, Harris of Pinellas, Middleton
of the notice that has been published, as aforesaid, and also of Putnam, Stewart of Hendry, Dunham of DeSoto, Clements
this affidavit of proof of publication are attached to the of Columbia, Crary of Martin, Bonifay of Santa Rosa, Brackin
proposed bill or contemplated law, and such copy of the notice of Okaloosa, Bryan of Hardee, Lambe of Jackson, Clement of
so attached is by reference made a part of this affidavit. Pinellas, Lane of Manatee, Boyd of Manatee, Wotitzky of
N. A. BROKING. Charlotte, Peeples of Glades, Perry of Sarasota, Lanier of
Sworn to and subscribed before me this 2nd day of April, Highlands, Graves of Indian River, Sheldon of Hillsborough,
A. D. 1941. 2nd Mnshall of Pinellas, Ayres of Gilchrist, Jenkins of Alachua.
A. D. 1941. Thomas of Lake. Turner of St. Johns, Versaggi of St. Johns,
(Seal) Horrell of Orange, Vathis of Franklin, Shivers of Washington,
HELEN S. PECK, Simpson of Jefferson, Allen of Levy, Croft of Lafayette, Butt
Notary Public State of Florida at Large. of Brevard, Rivers of Clay, Chavous of Dixie, Driggers of
My Commission expires July 21, 1941. Union, Clark of Calhoun, Getzen of Sumter, Gray of Bay,
And the House of Representatives thereupon determined Murray of Polk, Safford of Polk, Shafer of Polk, Cawthon
And the House of Representatives thereupon determined of Leon, Yaeger of Leon; Overstreet of Dade. Wiseheart of
that the notice and evidence thereof required by Section 21 Dade, Holt of Dade, McDonald of Hillsborough, Sheldon of
of Article III of the Constitution, has been established in this Hillsborough. Morrow of Palm Beach, Beck of Palm Beach,
Legislature. Johnson of Lake and Harris of Alachua-
House Bill No. 111 was placed on the Calendar of Local
Bills on Second Reading. House Bill No. 113:
Which was read the first time by its title and referred to A bill to be entitled An Act relating to pari-mutuel pools,
the Local Calendar. commissions thereon, the distributions thereof, the "breaks"
and defining same, regulating the purchase and sale of an
By Mr. Allen of Levy- interest in any such pool, making it a crime to violate such
House Bill No. 112: regulations and amending Section 16 of Chapter 14832, Laws
A bill to be entitled An Act to provide that all funds to be of Florida, Acts of 1931, as amended by Section 10 of Chapter
"eived under the provisions of Chapter 14832, Laws of Flor- 17276, Laws of Florida, Acts of 1935, relative thereto; and
,Acts of 1931. or any Act amendatory thereto, and all funds levying a tax upon every licensee conducting a horse race
W ived from licensing and taxing persons, firms. corpora- meet, or operating a race track equal to five per centum of
or association, operating a fronton for the exhibition the total contributions to all pari-mutuel pools on horse races
Spanish ball game called Jai-a-Lai or Pelota, which in addition to all other taxes otherwise levied or assessed;

April 10, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 33

and providing when and where said taxes shall be paid, duty and liability of the race track licensee relative thereto
making an appropriation thereof and designating said tax and making same a part of the "Old Age Assistance Fund"
as the "Old Age Assistance Tax," and providing a penalty when collected.
for wilful or wanton non-payment of tax. Which was read the first time by its title and referred to
Which was read the first time by its title and referred to the Committee on Finance & Taxation.
the Committee on Finance & Taxation.
By Mr. Lewis of Gulf-
Mr. Papy moved that House Bill No. 113 be jointly referred House Joint Resolution No. 115:
to the Committees bn Finance & Taxation and Public Amuse- A JOINT RESOLUTION proposing an amendment to Ar-
ticle IX of the Constitution of Florida relating to taxation
Mr. Strayhorn moved that the motion to jointly refer House and finance by adding thereto an additional section, to be
Bill No. 113 to the Committees on Finance & Taxation and known as Section 15, specially forbidding the adjustment,
Public Amusements be laid on the table. compromise or cancellation of any State, County or District
Which was agreed to. tax which has been legally assessed and levied.
Which was agreed to.
nd the motion was laid on the table. BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
By Messrs. Carroll of Osceola, Hendry. of Okeechobee, That the following amendment to Article IX of the Con-
Strayhorn of Lee, Dowda of Putnam, Harris of Pinellas, Mid- stitution of Florida relating to taxation and finance by add-
dleton of Putnam, Stewart of Hendry, Dunham of DeSoto, ing thereto an additional Section, to be known as Section 15
Clements of Columbia, Crary of Martin, Bonifay of Santa of said Article IX, specially forbidding the adjustment, com-
Rosa, Brackin of Okaloosa, Bryan of Hardee, Lambe of promise or cancellation of any State, County or District tax
Jackson, Clements of Pinellas, Lane of Manatee, Boyd of which has been legally assessed and levied, is hereby agreed
Manatee, Wotitzky of Charlotte, Peeples of Glades, Perry of to and shall be submitted to the electors of the State of
Sarasota, Lanier of Highlands, Graves of Indian River, Shel- Florida for ratification or rejection at the next general
don of Hillsboro, Minshall of Pinellas, Ayres of Gilchrist, election to be held in 1942, as follows:
Jenkins of Alachua, Thomas of Lake, Turner of St. Johns, "Section 15. No State, County or District tax which has
Versaggi of St. Johns, Horrell of Orange, Vathis of Frank- been legally assessed and levied shall ever be adjusted, com-
lin, Shivers of Washington, Simpson of Jefferson, Allen promised or cancelled unless provision be made for such
of Levy, Croft of Lafayette, Butt of Broward, Rivers of compromise, adjustment or cancellation by act of the Legis-
Clay, Chavous of Dixie, Driggers of Union, Clark of Calhoun, lature approved by a vote of two-thirds of all the members
Getzen of Sumter, Gray of Bay, Murray of Polk, Safford of of each House, provided that municipal corporations and
Polk, Shafer of Polk, Cawthon of Leon, Yaeger of Leon, drainage districts are expressly exempted herefrom."
Overstreet of Dade, Wiseheart of Dade, Holt of Dade, Mc-
Donald of Hillsborough, Sheldon of Hillsborough, Morrow of Which was read the first time in full and referred to
Palm Beach, Beck of Palm Beach, Johnson of Lake, Harris of the Committee on Constitutional Amendments.
Alachua- Mr. Holt moved that the rules be waived and the House
House Bill No. 114: do now adjourn until 9:00 A. M. tomorrow morning.
A bill to be entitled An Act levying a tax upon horse Which was agreed to by a two-thirds-vote.
track pari-mutuel pools equal to the amount of said pool
neither paid as a commission nor redistributed to the con- Thereupon at the hour of 1:19 P. M. the House stood
tributors, otherwise known as the "breaks;" prescribing the adjourned until 9:00 A. M. tomorrow.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

FRIDAY, APRIL 11, 1941

The House was called to order by the Speaker at 9:00 A. M. of Franklin, Mr. Hendry of Okeechobee, Mr. Bonifay of
The roll was called and the following members answered Santa Rosa.
to their names: REPORT OF COMMITTEE ON ENGROSSED BILLS
Mr. Speaker; Messrs. Allen. Andrews, Ayers, Bailey, Beck, Mr. Middleton, Chairman of the Committee on Engrossed
Bennett, Best, Bonifay, Boyd, Brackin, Brady, Bryan, Burwell, Bills, submitted the following report:
Butt, Carroll, Cawthon, Chavous, Clark, Clement (Pinellas), House of Representatives
Clements (Columbia), Commander, Cook, Crary, Davis, Dixon, Tallahassee, Fla., April 10, 1941.
Dowda, Driggers, Dugger, Dunham, Getzen, Gillespie, Graves, Hon. Dan McCarty,
Gray, Harris (Alachua), Harris (Pinellas), Hatch, Hendry, Saker of the House o Representatives
Holt, Horrell, Hosford, Inman, Jenkins, Johnson, Junkin, Sir
Lane, Lanier, Leaird, Leedy, Leonardy, Lewis, Littlefield, Mc-
Donald, McLane, Middleton, Morrow, Overstreet, Papy, Your Committee on Engrossed Bills, to whom was referred
Peeples, Perry, Potter, Priest, Riddles, Rogers, Safford, Scales, (with amendments), after first reading:
Shafer, Shave, Sheldon, Shivers, Simpson, Slappey, Smith, House Resolution No. 13:
Strayhorn, Stewart, Thomas. Toland, Turner, Vathis, Versaggi, A Resolution to provide for the establishment of a Recipro-
Williams, Wiseheart, Wotitzky, Yaeger-84. cal Trade Committee to work in connection with a similar
Excused-Messrs. Burks, Harrell, Helie, Luckie, Minshall, committee established by the Legislature of the State of
Murray, Rivers-7. Georgia.
A quorum present. Have carefully examined same, and find same correctly
The following prayer was offered by the Chaplain: engrossed, and return same herewith.
We thank Thee, our Father, because the resurrection fact Very respectfully,
has in it the pledge of Immortal life for all who believe in W. S. MIDDLETON,
Thy son. We thank Thee for the risen Redeemer, who fills Chaiman of Committee.
the darkest hours of life with the sunshine of His face. We Mr. Sheldon moved that the rules be waived and when
ask Thee to let Thy resurrection power raise us from our the House adjourn today, it adjourn to meet again on
sins and death, for Thy name's sake we pray. Amen. Monday, April 14, at 2 P. M.
The reading of the Journal was dispensed with. Which was agreed to by a two-thirds vote.
The Journal of the House of Representatives for Thursday, And it was so ordered.
April 10, was corrected and as corrected was approved. Mr. Sheldon moved that the rules be waived and the
The Speaker announced the appointment of Herbert Bayer House do now adjourn.
as Press Officer.
The Speaker announced the appointment of the following Which was agreed to by a t-thids vote.
committee as provided by House Resolution No. 13: Mr. Thereupon at the hour of 9:08 A. M. the House stood
Gray of Bay, Chairman; Mr. Brackin of Okaloosa, Mr. Vathis adjourned until 2:00 P. M. Monday.

_____.. 34

JOURNAL OF THE HOUSE OF REPRESENTATIVES

MONDAY, APRIL 14, 1941

The House was called to order by the Speaker at 2:00 o'clock Mr. Bryan moved that the rules be waived and House Me-
l. Mi, morial No. 2 be read a second time by its title.
The roll was called and the following members answered Which was agreed to by a two-thirds vote.
to their names: And House Memorial No. 2 was read a second time by its
title.
Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Bailey,
Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, Bryan, Mr. Bryan moved the rules be further waived and that
Burks, Burwell, Butt, Carroll, Carswell, Cawthon, Chavous, House Memorial No. 2 be read a third time in full and placed
Clark, Clement (Pinellas), Clements (Columbia), Commander, upon its passage.
Cook, Crary, Croft, Davis, Dixon, Dowda, Driggers, Dagger, Which was agreed to by a two-thirds vote.
Dunham, Getzen, Gillespie, Graves, Gray, Harrell, Harris (Ala- And House Memorial No. 2 was read a third time
chua), Hatch, Helie, Holt, Horrell, Hosferd. Inman, Jenkins, And House Memor 2 was read a third time
Johnson, Junkin, Lambe, Lane, Lanier, Leaird, Leedy, Leon- Pending roll call on the final passage of House Memorial
ardy, Lewis, Littlefield, Luckie, McDonald, McLane, Middleton, No. 2-
Morrow, Murray, Overstreet, Papy, Peeples, Perry, Potter,
Priest, Riddles, Rivers, Rogers, Saffora Scales, Shafer, Shave, Mr. Dugger moved that further consideration of House
Sheldon, Shivers, Simpson, Slappey, Smith, Strayhorn, Stew- Memorial No. 2 be postponed until tomorrow.
art, Thomas, Toland, Turner, Vathis, Versaggi, Williams, Wise- Which was agreed to.
heart, Wotitzky, Yaeger-92. And further consideration of House Memorial No. 2 was
Excused-Messrs. Ayers, and Harris (Pinellas) -2. ordered postponed until tomorrow.
A quorum present.
A quorum present. INTRODUCTION OF HOUSE BILLS AND JOINT
The following prayer was offered by the Chaplain: RESOLUTIONS
Heavenly Sovereign of all mankind; grant Thy Holy Spirit By Mr. Shafer of Polk-
unto those in authority and leadership in our country and House Bill No. 116:
all lands, that we may serve Thee in the light of Thy truth
and the strength of Thy grace. May the people likewise do their A bill to be entitled An Act to provide for the determination
part in honesty, in loyalty and in faithfulness to their country of average weekly wages, changing the percentage of compen-
and to their God. Through Jesus Christ our Lord we pray. station benefits to injured employees and their dependents and
Amen. providing for attorneys fees in certain cases by amending Sec-
radi f t rnl wa ipn with tions 14, 15 and 34 of Chapter 17,481 Acts of 1935 as amended
The reading of the Journal was dispensed with. by Chapter 18,413, Acts of 1937, "Being an act to provide for
The Journal of the House of Representatives for Friday, and adopt a comprehensive workmen's compensation law for
April 11 was corrected and as corrected was approved. the State of Florida; to provide compensation thereunder for
The Speaker announced that Messrs. Ayers and Harris of disability or death resulting from an injury arising out of and
Pinellas would be excused from attendance upon the session of in the course of employment; limiting, regulating and prohibit-
the House today. ing resort to certain common law causes of action and/or
defenses in cases falling within the purview of this act: Im-
The following communications were received and read: posing certain duties and exactions upon employers'and/or
State f Flord employees falling within the scope of this law; defining the
employment subject hereto and delimiting the application of
EXECUTIVE DEPARTMENT this act as applied to other employment and setting up an
Tallahassee agency of the State for the administration hereof:"
April 9th, 1941 Creating the Florida Industrial Commission and providing
Gentlemen of the Legislature: for the appointment of three (3) members on said commission
In pursuance of the requirements of Section 11 of Article and providing for the appointment of said commission. con-
IV of the State Constitution, I have the honor to transmit sisting of the chairman and two (2) other members: Fixing
herewith a report covering every case of fine or forfeiture re- their compensation and prescribing their duties. Redefining
mitted, or reprieve, pardon of commutation granted, stating the employment subject to the Workmen's Compensation Law;
the name of the convict, the crime for which he was convicted, providing for a waiting period of four days and for the non-
the sentence, its date, and the date of its remission, commu- payment of compensation during such period; providing for
station, pardon or reprieve since making report to the Regular rules and regulations permitting two or more employers to
Session of the Legislature, April 14th, 1939. join together in qualifying as self-assured; making certain
Respectfully submitted changes with respect to death benefits; permitting the corn-
espectfully submitted, mission to designate in the awards a person to whom com-
SPESSARD L. HOLLAND, pensation is payable in the case of a minor or incompetent;
Governor. providing for an election of remedies in case of third party
liability; permitting an assessment of not more than three
INTRODUCTION OF HOUSE MEMORIALS per centum upon premiums for purposes of administering the
By Messrs. Bryan of Hardee, Overstreet, Holt and Wise- Workmen's Compensation Act; and providing for autopsy in
heart of Dade: compensation cases; and for disposition of death benefits to
designated parties where no dependents exist; and further
House Memorial No. 2: to amend such act by adding thereto certain sections thereby
A Memorial to the Congress of the United States of America, providing for accident prevention and safety of employees in
petitioning the immediate passage of the General Welfare Act connection with the administration of the Workmen's Comn-
now pending before Congress and known and designated as pensation Act by authorizing the Industrial Commission ,to
House Resolution No. 1410. make rules relating to safety in places of employment; re-
Which was read for the first time by its title. quiring employers to maintain safe places of employment; per-
mitting inspectors to see that such safety provisions are ob-
Mr. Bryan asked unanimous consent to make a motion, served; providing for appeal from such rules and for penalties
Which was given, in case of violation thereof; surrendering in compensation
cases on behalf of the State, its boards, bureaus, departments,
Mr. Bryan moved that the rules be waived and that the and agencies and its subdivisions employing labor the
House do now take up and consider House Memorial No. 2. sovereign's rights to freedom from suits and authorizing pro-
Which was agreed to by a two-thirds vote. ceedings to collect compensation due employees thereof; pro-

36 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 14, 1941

viding double compensation in case of injury to illegally em- that she has knowledge of the matters stated herein; that
played minors; and for other purposes. a notice 'stating the substance of a contemplated law or
Which was read for the first time by its title and referred to proposed bill relating to: An Act authorizing and requiring
the Committee on Labor. the County Commissioners of Hardee County to convert
and appropriate to the County School Board one-third of
By Mr. Commander of Holmes- all moneys has been published at least thirty (30) days
House Bill No: 117: prior to this date by being printed in the issue of Jan. 31,
A bill to be entitled An Act taxing all beers or like beverages Feb. 7, 14, 22, 28, 1941, of the Florida Advocate, a news-
containing more than one per centum of alcohol, whether sold paper published in Hardee County, Florida, where the matter
in bottles, cans or other containers, manufactured without the or thing to be affected by the contemplated law is situate;
State of Florida and transported into the State for sale there- that a copy of the notice that has been published, as afore-
in, providing for the collection of this tax, providing for the said and also this affidavit of proof of publication are
disposition of funds collected, providing penalties for the vio- attached to the proposed bill or contemplated law, and such
lation of this act and repealing all existing laws in conflict copy of the notice so attached is by reference made a part
with this act. of this affidavit.
Which was read for the first time by its title and referred to MRS. GEO. M. GOOLSBY.
the Committees on Temperance and Finance & Taxation. Sworn to and subscribed before me this 7th day of April
"A. D. 1941.
By Messrs. Simpson of Jefferson, Wiseheart of Dade, Carroll (Seal)
of Osceola, Overstreet of Dade- LEOLA DRIGGERS,
House Bill No. 118: Notary Public State of Florida at Large.
A bill to be entitled An Act to amend Section 20 of Chapter My Commission expires Mar. 16, 1944.
13644, Laws of Florida, Acts of 1929, the same being entitled And the House of Representatives thereupon determined
"An act relating to game, non-game birds, fresh water fish that the notice and evidence thereof required by Section 21
and fur bearing animals; to create the Department of Game of Article III of the Constitution, has been established in this
and Fresh Water Fish and the office of State Game Com- Legislature.
missioner, to define his duties and powers and that of his House Bill No. 119 was placed on the Calendar of Local
deputies; to fix his compensation and that of his deputies; Bills on Second Reading.
to provide for the protection and conservation of game, non
game birds, fresh water fish and fur bearing animals by pre- By Mr. Overstreet of Dade-
scribing the times when and means by and extent to which House Bill No. 120:
they may be taken, possessed and dealt in; to license hunters, f B 10
guides, trappers and fishermen; to require persons who en- A bill to be entitled An Act providing for the registration
gage in the business of operating hunting and fishing boats and licensing of manufacturers, factory branches and factory
for hire or who deal in or with fresh water fish or hides of representatives of motor vehicles: setting forth reasons for
fur bearing animals, to procure a license for same; to pro- the denial, suspension or revocation of licenses: providing for
hibit the use, placing or discharge in the fresh waters of the the denial, suspension or revocation of such licenses: au-
state of substances or forces injurious to fish: to provide for thorizing the Motor Vehicle Commissioner to make rules
the prosecution of persons violating the provisions of this act and regulations, and providing for the enforcement of this
and a penalty and rule of evidence in such prosecutions; to Act and penalties for the violation therefore.
provide for the collection of funds to carry out the provisions Which was read the first time by its title and referred to
of this act and for the disposition of revenues accruing there- the Committee on Motor Vehicles and Carriers.
under; consenting to acquisition by the United States of areas B M. O
of land, water or land and water, in accordance with the act By Mr. Overstreet of Dade-
of Congress of February 18, 1929; and repealing certain exist- House Bill No. 121:
ing laws and statutes; and defining certain, terms used there- A bill to be entitled An Act providing for the recording
in:" as amended by Chapter 17015, Laws of Florida, Acts of in the office of the Motor Vehicle Commissioner of a notice
1935; and to provide for uniform state license fees for taking of all liens for purchase money or as security for debts on
fresh water fish, game and fur-bearing animals; eliminating motor vehicles: providing that no such lien shall be enforce-
any invalid provision hereof; repealing all acts in conflict able unless such notice has been recorded in such office;
herewith and providing when this act shall take effect. authorizing the Motor Vehicle Commissioner to make rules
Which was read for the first time by its title ard referred to and regulations for the enforcement of this Act and prepare
the Committee on Fish and Game. forms and books for such recording; providing the amount
of fees to be charged; providing for the satisfaction of such
By Mr. Bryan of Hardee- liens; providing for the cancellation of such liens upon
House Bill No. 119: payment and penalties for failure to cancel such liens upon
A bill to be entitled An Act apportioning the moneys payment.
received from the State fo Florida by the County Commis- Which was read the first time by its title and referred to
sioners of Hardee County under and by virtue of Chapter the Committee on Motor Vehicles and Carriers.
14832, Laws of Florida, 1931, as amended by Chapter 16113,
Laws of Florida, 1933, providing for a State Racing Corn- By Mr. Overstreet of Dade-
mission and providing for licensing and taxing such racing House Bill No. 122:
and apportioning the moneys derived therefrom among the A bill to be entitled An Act providing that no motor
several Counties: to provide that one-third of all the moneys vehicle shall be offered for sale, sold or exchanged which
so received by said County Commissioners of Hardee County has been in taxi cab, U-Drive-It or for hire service unless
shall be paid over to the County School Board of said County the certificate of title has stamped upon it that such motor
for school purposes as received by said County; and pro- vehicle has been in such service and unless a notice is also
viding that the Board of Public Instruction of Hardee County affixed to the windshield of such motor vehicle that it has
may borrow money and pledge the anticipated funds to be been in such service, and providing penalties for the violation
received under the provisions of this Act for the necessary hereof.
current operating expenses of the public free schools of said Which was read the first time by its title and referred to
County, including costs of administration and any other the Committee on Motor Vehicles and Carriers.
school purposes.
.Which Bill was read the first time by its title and had at- By Mr. Overstreet of Dade-
tached to same when introduced in the House of Represen- House Bill No. 123:
tatives, the following proof of publication, which was ordered A bill to be entitled An Act to amend Chapter 18011, Laws
to be entered in full upon the Journal of the House of Rep- of Florida, Acts of 1937, the same being entitled "An Act to
resentatives: license taxes, repealing Chapter 14491, and Chapter 14528,
AFFIDAVIT OF PROOF OF PUBLICATION Laws of Florida, Acts of 1929; repealing parts of Chapter 2
S AFFLOIDAof TOitle VI of Division 1 of the Revised General Statutes
STATE OF FLORIDA, of Florida of 1920; repealing Chapter 16801 and Chapter
COUNTY OF HARDEE. 17167, Laws of Florida, Acts of 1935; imposing certain license
Before me, the undersigned authority, personally appeared taxes and providing for the payment and collection thereof,
Mrs. Geo. M. Goolsby, who, on oath, does solemnly swear and providing that license taxes shall be a lien on the

April 14, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 37

property of the person liable therefore, under certain circum- of motor vehicles, trailers, semi-trailers and motorcycle side
stances" and repealing all laws or parts of laws in conflict cars, by directing the Motor Vehicle Commissioner to select
herewith, and place on all number plates a slogan or emblem, which
Which was read the first time by its title and referred to in his opinion will advertise the resources, advantages, his-
the Committee on Finance & Taxation. tory and development of the State of Florida.
Which was read the first time by its title and referred to
By Mr. Overstreet of Dade- the Committee on Motor Vehicles and Carriers.
House Bill No. 124:
A bill to be entitled An Act to require the affirmative vote By Mr. Sheldon of Hillsborough-
of a majority of the owners of all property sought to be House Bill No. 132:
included within the limits of any municipality in the State A bill to be entitled An Act fixing a maximum speed limit
of Florida. of motor vehicles on the open highways of the State of
Which was read the first time by its title and referred to Florida and repealing all laws and parts of laws in conflict
the Committee on Cities & Towns. herewith.
SWhich was read the first time by its title and referred to
By Mr. Overstreet of Dade- the Committee on Motor Vehicles and Carriers.
Hotse Bill No. 125:
"A bill to be entitled An Act relating to and fixing the By Mr. Shelonof Hillsborough-
liability of persons for the negligent or wrongful operation House Bill No. 133:
of motor vehicles within the State of Florida. A bill to be entitled An Act to amend Sections 4B, Sections
Which was read the first time by its title and referred to 4E, and Section 5D, of Chapter 18402 of the Laws of Florida,
the Committee on Motor Vehicles & Carriers. Acts of 1937. An Act relating to the unemployment com-
pensations.
By ,Ar. Overstreet of Dade- Which was read the first time by its title and referred to
House Bill No. 126: the Committee on Labor.
A bill to be entitled An Act fixing the fees and taxes to By Mr. Sheldon of Hillsborough-
be collected by the Motor Vehicle Commissioner upon the House Joint Resolution No. 134:
registration or re-registration of automobiles for private use, o t Resoluton o
and repealing all laws or parts of laws in conflict herewith A Joint Resolution proposing the amendment of Section 11
and providing when this Act shall take effect. of Article 9 ofthe Constitution of Florida relating to taxes
Which was read the first time by its title and referred to upon inheritance and income of residents.
the CQmmittee on Finance & Taxation. BE IT RESOLVED BY THE LEGISLATURE OF THE
By Oessrs. Gray and Bailey of Bay- STATE OF FLORIDA:
Horu e Bill No. 127: That the following amendment of Section 11 of Article 9
Houe Bill No. .127: of the Constitution of the State of Florida relating to taxes
A bill to be entitled An Act to designate and establish a upon inheritance and income of residents, be and the same
certain State Road in Bay County. is hereby, agreed to, and shall be submitted to the electors
Whi h was read the first time by its title and referred to of the State at the General Election of Representatives in
the Committee on Public Roads and Highways. 1942, for approval or rejection; that is to say, that the said
By r. Overstreet of Dade_ Section 11 of Article 9 of the Constitution be amended so
Hou- e Bill No. 128: as to read as follows:
Si "No taxes upon inheritance of residents or citizens of
A bll to be entitled An Act to permit the retirement of this State shall be levied by the State of Florida, or under
a deputy or employee, or any County official or other County its authority, and there shall be exempt from taxation to
employee in any County, having a population of 267,000 the head of the family residing in this State, household goods
inhabitants or more, according to the last preceding State or and personal effects to the value of five hundred dollars;
Federal! Census, under certain conditions with pay. Provided, however, that the Legislature may provide for the
Whi h was read the first time by its title and referred to assessment, levying and collection of a tax upon inheritances,
the Committee on Census and Apportionment. or for the levying of estate taxes, not exceeding in the ag-
By [r. Wotitzky of Charlotte- gregate the amounts which may by any law of the United
House Bill No. 129: States be allowed to be credited against or deducted from
any similar tax upon inheritances, or taxes on estates as-
A bill to be entitled An Act to amend Section 13 of sessed or levied by the United States on the same subject,
Chapte 10177, Laws of Florida, Acts of 1925, being "An but the power of the Legislature to levy such inheritance
Act to license and regulate the business of making loans in taxes, or estate taxes in this State, shall exist only so long
certain Counties in sums of three hundred ($300) dollars as, and during the time, a similar tax is enforced by the
or less secured or unsecured, at a greater rate of interest United States against Florida inheritances or estates and shall
than t~n per centum per annum; prescribing the rate of only be exercised or enforced to the extent of absorbing the
interest and charge therefore, and penalties for the violation amount of any deduction or credit which may be permitted
thereof and regulating the assignment of wages or salaries, by the laws of the United States, now existing or hereafter
earned I or to be earned when given as security for any such enacted to be claimed by reason thereof, as a deduction or
loan" credit against such similar tax of the United States applicable
Which was read' the first time by its title and referred to to Florida inheritances or estates. The Legislature may pro-
the Co mittee on Banks and Loans. vide for the appropriation of all taxes collected under this
By ivr. Gray of Bay- article to such State, county, municipal or educational pur-
Hous Bill No. 130 poses as it may deem advisable".
Which was read the first time in full and referred to the
A bill to be entitled An Act to amend Section 5995, Revised Committee on Constitutional Amendments.
General Statutes of Florida, 1920, the same being Section
8289 C mpiled General Laws of Florida, 1927, as amended By Mr. Strayhorn of Lee-
by Cha ter 18002, Laws of Florida, Acts of 1937, the same House Bill No. 135:
being l4ws relating to jurisdiction of Justices of the Peace A bill to be entitled An Act to prohibit live stock from
and Co nty Judges in criminal cases; the effect of this Act roaming and running at large in that part of Lee County,
being to vest jurisdiction in Justices of the Peace to hold a Florida, in and around Bonita Springs and more particu-
court o try and determine certain misdemeanor cases larly described herein; and providing for the enforcement
arising in their respective districts, of this Act and for the impounding of live stock found
Which was read the first time by its title and referred to roaming or running at large in said area; and providing
the Committee on Judiciary "B". that persons damaged by such live stock may recover damages
By Mr Harrell of Hamilton- therefore; and providing a penalty for the violation of the
By Mr ll of Haprovisions of this Act; and repealing all laws in conflict
House Bill No. 131: herewith.
A bill to be entitled An Act to amend Section 1018 of the Which Bill was read the first time by its title and had at-
Revised General Statutes of Florida, relating to the operation tached to same when introduced in the House of Represen-

38 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 14, 1941

tatives, the following proof of publication, which was ordered substance of a contemplated law or proposed bill relating
to be entered in full upon the Journal of the House of Rep- to: Notice of Intention to Apply for Special Legislation
resentatives: relating to abolishing the Board of Bond Trustees of Brad-
AFFIDAVIT OF PROOF OF PUBLICATION ford County, Florida; has been published at least thirty
AFFIDAVIT OF PROOF OF PUBLICATION (30) days prior to this date by being printed in the issue
STATE OF FLORIDA, of February 21, 1941, of the Bradford County Telegraph, a
COUNTY OF LEE. newspaper published in Bradford County, Florida, where the
Before me, the undersigned authority, personally appeared matter or thing to be affected by the contemplated law is
Carl Hanton, who, on oath, does solemnly swear that he has situate; that a copy of the notice that has been published,
knowledge of the matters stated herein; that a notice stating as aforesaid, and also this affidavit of proof of publication
the substance of a contemplated law or proposed bill relating are attached to the proposed bill or contemplated law, and
to prohibiting live stock from roaming and running at large such copy of the notice so attached is by reference made
in that part of Lee County, Florida, in and around Bonita a part of this affidavit.
Springs and more particularly described herein, has been E. L.-MATTHEWS.
published at least thirty (30) days prior to this date by being Sworn to and subscribed before me this 21st day of March,
printed in the issue of March 2, 9, 16, 23 and 30, 1941, of the A. D. 1941.
Ft. Myers News Press, newspaper published in Lee County, (Seal)
Florida, where the matter or thing to be affected by the T. FRANK LANDROM,
contemplated law is situate; that a copy of the notice that Notary Public State of Florida at Large.
has been published, as aforesaid, and also this affidavit of My Commission expires March 15, 1942.
proof of publication are attached to the proposed bill or
contemplated law, and such copy of the notice so attached is And the House of Representatives thereupon determined
by reference made a part of this affidavit that the notice and evidence thereof required by Section
by reference made a part o21 of Article III of the Constitution, has been e(tablsihed
CARL HANTON. in this Legislature.
Sworn to and subscribed before me this 30th day of March Which bill was read the first time by its title.
A. D. 1941.
(Seal) Mr. Inman asked unanimous consent to make a motion.
C. F. PERRY, Which was given.
Notary Public State of Florida at Large.
My Commission expires March 15, 1942. Mr. Inman moved that the rules be waived and that the
MyHouse do now take up and consider House Bill No. 138
And the House of Representatives thereupon determined W h w ard -i 13
that the notice and evidence thereof required by Section 21 Which was agreed to by a two-thirds vote.
of Article III of the Constitution, has been established in this Mr. Inman moved that the rules be waived and House
Legislature. Bill No. 138 be read a second time by its title.
House Bill No. 135 was placed on the Calendar of Local Which was agreed to by a two-thirds vote.
Bills on second reading.
Bills on second reading. And House Bill No. 138 was read a second time by its
By Mr. Strayhorn of Lee- title.
House Bill No. 136: Mr. Inman moved that the rules be further waived and
A bill to be entitled An Act amending Section 5, Section that House Bill No. 138 be read a third time in full and
6 and Section 11 of Chapter 18011 of the General Laws of placed upon its passage.
Florida, Acts of 1937; the same being An Act relating to Which was agreed to by a two-thirds vote.
license taxes, imposing certain license taxes and providing
for the. payment and collection thereof, and providing that And House Bill No. 138 was read a third time in full.
license taxes shall be a lien on the property of the persons When the vote was taken on the passage of House Bill
liable thereof under certain circumstances.. No. 138 the result was:
Which was read the first time by its title and referred to Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers
the Committee on Finance & Taxation. Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady,
By Messrs. McDonald, Sheldon and Toland of Hillsborough- Bryan. Burks, Burwell, Butt, Carroll, Carswell, Cawthon, Cha-
vous, Clark, Clement (Pinellas), Clements (Columbia), Con-
House Bill No. 137: mander, Cook, Crary, Croft, Davis, Dixon, Dowda, Driggers
A bill to be entitled An Act to amend Section 27 of Chap- Dugger, Dunham, Getzen, Gillespie, Graves, Gray, Harrell
ter 4328, Laws of Florida, Acts 1895 Legislature, being Section Harris (Alachua), Harris (Pinellas), Hatch, Helie, Hendry,
309, Compiled General Laws of Florida 1927, providing for Holt, Horrell, Hosford, Inman, Jenkins, Johnson, Junkin
the time of opening and closing the polls at all general, Lambe, Lane, Lanier, Leaird, Leedy, Leonardy, Lewis, Little-
primary and special elections in the State of Florida. field, Luckie, McDonald, McLane, Middleton. Minshall, Morrow.
Which was read the first time by its title and referred to Murray, Overstreet, Papy. Peeples, Perry, Potter, Priest, Rid-
the Committee on Elections. dles, Rivers, Rogers, Safford, Scales, Shafer, Shave, Sheldon,
vBy Mr. Inman of Bradford-- Shivers, Simpson, Slappey, Smith, Strayhorn, Stewart. Thomas,
By Mr. Inman of Bradford-- Toland. Turner, Vathis, Versaggi, Williams, Wiseheart.
House Bill No. 138: Wotitzky, Yaeger-95.
A bill to be entitled An Act abolishing the Board of Bond Nays-None.
Trustees of Bradford County, Florida, as created by Chap- So House Bill No. 138 passed, title as stated.
ter 8622, Laws of Florida, 1921, or by any other law, and in-
vesting the Board of County Commissioners of Bradford Mr. Inman moved that the rules be further waived and that
County, Florida, with all the powers, duties and privileges House Bill No. 138 be immediately certified to the Senate.
now exercised by or imposed upon said Board of Bond Which was agreed to by a two-thirds vote.
Trustees, and vesting the title to all property now held in And House Bill No. 138 was ordered immediately certified
the name of the said Board of Bond Trustees of Bradford to the Senate.
County, Florida, in the Board of County Commissioners of
Bradford County, Florida. By Mr. Luckie of Duval---
Which Bill was read the first time by its title and had House Bill No. 139:
attached to same when introduced in the House of Repre- A bill to be entitled An Act referring to corporations and
sentatives, the following proof of publication, which was the restoration of the corporate privileges and corporate en-
ordered to be entered in full upon the Journal of the House tity of corporations dissolved by operation of law for failurL
of Representatives: to pay the capital stock tax, and prescribing conditions for
AFFIDAVIT OF PROOF OF PUBLICATION such restoration.
STATE OF FLORIDA, Which was read the first time by its title and referred to
COUNTY OF BRADFORD. the Committee on Judiciary "A.
Before me, the undersigned authority, personally appeared By Mr. Luckie of Duval-
E. L. Matthews. owner of the Bradford County Telegraph House Bill No. 140:
who, on oath, does solemnly swear that he has knowledge A bill to be entitled An Act permitting agents of corporations
of the matters stated herein; that a notice stating the upon whom process may be served, to resign such agency, and

April 14, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 39

providing for notice of resignation, fixing a fee for the filing By Mr. Beck of Palm Beach-
thereof, and the effect thereof. House Bill No. 144:
Which was read the first time by its title and referred to A bill to be entitled An Act for the relief of Thomas D.
the Committee on Judiciary "A." Nobles of Canal Point, Palm Beach County, Florida.
By Mr. Chavous of Dixie- Which was read the first time by its title and referred to
House Bill No. 141: the Committee on Claims.
A bill to be entitled An Act assessing, levying and imposing By Mr. Brackin of Okaloosa-
an annual license tax upon every person, firm, copartnership, House Bill No. 145:
joint adventure, joint stock company, association, corporation A bill to be entitled An Act to amend Section 1, Ch
estate, business trust, trust, receiver, syndicate, fiduciary, or 10201 Laws of Florida, Acts of 125 the same being "An A
any other association of persons conducting, engaging in oro e s e ei
carrying on the business of a retailer in this State, and oper- to amend Section 2212 of the Revised General Statutes of
eatingg an independent store or one or more chain stores within lorida, providing for examinations by Board of Pharmacy and
this State; and to classify such stores fo the purpose of such qualification of applicants," and the same being an act en-
license taxes and of graduating the license tax in accordance titled "An Act relating to the duties of the Board of Pharmac
with the number of chain stores operated under a single own- of the tate of Florida and the examination of pharmacists.
ership, management, or control, one or more of which chain Which was read the first time by its title and referred to
stores is located in this state: said tax upon chain stores lo- the Committee on Public Health.
cated in this State to be based on the number of such chain By Messrs. Croft of Lafayette, Sheldon of Hilsboro
stores included under the same central management, supervi- By Messrs. Croft of Lafayette, Sheldon of Hillsborough
sion, ownership or control, whether located in this State or House Bill No. 146:
not; defining "Independent Store" and "Chain Store" and A bill to be entitled An Act fixing occupational and license
"Chain Stores" and other words used in this Act; to provide taxes for barber shops.
fcr the administration and enforcement of this Act and for the Which was read the first time by its title and referred to
promulgation and enforcement of rules and regulations to the Committee on Finance and Taxation.
facilitate such enforcement; to provide for the creation and
enforcement of a lien upon property of persons and association By Mr. Carroll of Osceola-
of persons liable for the navment of such license tax; to pro- House Bill No. 147:
vide penalties for the violation of this Act and of rules and A b to be entitled An Act closing-all waters of sc a
regulations lawfully made under the authority hereof; to pro- Cobill to ce entitale n t losing adll wates of Oeolat
vide for the filing of sworn reports by the person or associa- County to commercial seining and trapping: providing for
tion of persons, on which such license tax is imposed; and also a referendum; by a majority of the qualified voters voting
assessing, levying, and iposin an independent, separate and at a referendum and providing a penalty for the violation
additional annual license tax upon every person, firm, co- of this ordinance.
partnership, joint advent'iue, joint stock company, association, Which Bill was read th e first time by its title and had at-
corporation, estate, business trust, trust, receiver, syndicate, tached to same when introduced in the House of Represen-
fiduciary, or any other association of persons conducting, en- tatives, the following proof of publication, which was ordered
gaging in or carrying on the business of operating a depart- to be entered in full upon the Journal of the House of Rep-
ment store in this State, as defined in this Act, whether such resentatives:
department store be an independent store, or chain store; and P A
to classify such dartent stores for the purpose of such AFFIDAVIT OF PROOF OF PUBLICATION
independent, separate aule additional license tax, and cf grad- STATE OF FLORIDA,
eating the license tax in c-,cordance with the number of de- COUNTY OF OSCEOLA.
apartment stores operated under a single ownership, manage- Before me, the undersigned authority, personally appeared
ment, or control, one or more of which department stores is Claud F. Johnson, Editor of the St. Cloud Tribune, who on
located in this State; said license tax upon department stores oath, does solemnly swear that he has knowledge of the
that are chain stores to be based on the number of such de- matters stated herein; that a notice stating the substance
apartment stores included under the same general manage- of a contemplated law or proposed bill relating to passage
ment. supervision, ownership or control, whether operated of special act closing all waters of Osceola County, etc., has
under this state or not, defining a department store; and to been published at least thirty (30) days prior to this date
repeal conflicting laws, expressly but on condition including by being printed in the issue of Feb. 6, 1941, of the St. Cloud
certain parts and sections of Chapter 16848, Laws of Florida, Tribune, a newspaper published in Osceola County, Florida,
1935 and to appropriate eeee ee ee e the revenues derived hereunder where the matter or ing to be affected by the contemplated
Which was read the first time by its title and referred to law is situate; that a copy of the notice that has been pub-
the Committee on Finance & Taxation. listed, as aforesaid, and also this affidavit of proof of publi-
cation are attached to the proposed bill or contemplated
By Mr. Brackin of Okaloosa- law, and such copy of the notice so attached is by reference
House Bill No. 142: made a part of this affidavit.
A bill to be entitled An Act to provide for the enforcement CLAUD F. JOHNSON.
of all laws of the State of Florida and/or rules and regulations Sworn to and subscribed before me this 1st day of April
of the Board of Pharmacy of the State of Florida by the State A. D. 1941.
Board of Health; for the registration of all drug stores and (Seal)
all places of business wherein drugs are sold, with the State MARJORIE W. BAKER,
Board of Health; the time when such registration shall be Notary Public State of Florida at Large.
made and the fees to be charged therefore; the qualification My Commission expires 12/23/44.
and appointment of drug inspectors by the State Board of And the House of Representatives thereupon determined
Health and to provide funds to pay such inspectors; and pre- that the notice and evidence thereof required by Section 21
scribing for punishment for the violation of the provisions of of Article III of the Constitution, has been established in this
this act and all other laws now or hereinafter enacted that Legislature.
regulate and govern the operation and/or management of House Bill No. 147 was placed on the Calendar of Local
pharmacies and/or drug stores and/or all places of business Bills on Second Reading.
wherein drugs are sold in the State of Florida. By Mr. Shivers of Washington
Which was read for the first time by its title and referred to H se o. 18
the Committee on Public Health. ouse Bill No
A bill to be entitled An Act relating to taxation and
By Mr. Peeples of Glades- public roads, levying and imposing an excise tax on gaso-
House Bill No. 143: line and other like products of petroleum; creating a spe-
A bill to be entitled An Act relating to th r n f cial fund for the receipt of special taxes, providing for
A bill to be entitled An Act relating to the restocking of the purpose of such taxes and for the deposit, appropri-
certain counties in the State of Florida with wild deer and ation and distribution of the proceeds derived from such
making appropriation therefore, taxes and prescribing the duties of certain officials with
Which was read the first time by its title and referred to reference thereto; providing for the designation of roads
the Committee on Appropriations, and their maintenance, improvement, construction,- and

40 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 14, 1941

supervision by the State Road Department, providing By Mr. Lewis of Gulf-
for the use of county prisoners for road work and repealing House Bill No. 152:
all parts of Chapter 16659, Acts of 1931 and amendments A bill to be entitled An Act to repeal Section 13 of Chapter
thereto insofar as they conflict with this Act and repealing 18022, Laws of Florida, Acts of 1937, entitled "An Act to
all laws or parts of laws in conflict herewith. regulate and control the distribution of fluid milk and cream
Which was read the first time by its title and referred to and for this purpose to create a Florida Milk Board, defining
the Committee on Finance & Taxation. its jurisdiction, powers and duties during the existing emer-
By Mr. Bonifay of Santa Rosa- agency and to declare an emergency exists, to provide for
House Bill No. 149: the legal succession by this Board herein created of the Milk
A bill to be entitled An Act to amend Section 27 of Chap- ont Board established by Chapter 17103 of Laws of Florid
ter 13644, Laws of Florida, Acts of 1929, the same being An
Act relating to game, non-game birds, fresh water fish and Which was read the first time by its title and referred to
fur-bearing animals, by decreasing the length of black bass the Committee on Public Health.
that may be lawfully taken or possessed. By Messrs. Holt, Overstreet and Wiseheart of Dade, Beck
Which was read the first time by its title and referred to of Palm Beach, Leonardy and Brady of Seminole, Wotitzky
the Committee on Fish & Game. of Charlotte, Shafer and Murray of Polk, Papy of Monroe,
By Mr. Chavous of Dixie Junkin of Collier, Cawthon and Yaeger of Leon, Clement
House Bill No. 150: of Pinellas, McDonald, Sheldon, and Toland of Hillsborough,
Perry of Sarasota, Acosta and Bennett of Duval, Horrell of
A bill to be entitled An Act to fix the annual salaries of the Orange, Simpson of Jefferson, Gillespie and Littlefield of
Governor, all Cabinet officers and Circuit Judges of the State, Volusia, Crary of Martin, Harrell of Hamilton, Carroll of
and repealing that part of Chapter 15859, Laws of Florida, Osceola, Burks of Pasco, Boyd and Lane of Manatee, Slappey
Acts of 1933, relating to same. of Gadsden, Carswell of Wakulla, Burwell of Broward, Bonifay
Which was read the first time by its title and referred to of Santa Rosa, Gray of Bay, Getzen of Sumter and Priest
the Committee on Appropriations. of Madison--
By Mr. Carroll of Osceola- House Bill No. 153:
House Bill No. 151: A bill to be entitled An Act amending Section 18 of Chapter
A bill to be entitled An Act to repeal Chapter 20026, Special 18285, Laws of Florida, Acts of 1937, entitled: "An Act
Acts of 1939, being an Act providing for commercial fishing creating a State Welfare Bolard and District Welfare Boards
in Osceola County, Florida; and to authorize commercial and providing for their appointment, qualifications, powers
fishing in certain waters of Osceola County, Florida; pre- and duties; providing that said State Board shall be the
scribing the size of nets that may be used; prohibiting the agent for the United States, State, County and Municipal
taking of certain classes of fish, prohibiting the sale, barter, Governments in the administration of funds for the relief
purchase, exchange or transportation of certain kinds of fish: of unfortunates; and authorizing the said Boards to act as
making it unlawful to take black bass except at certain times agent for the United States, State, County and Municipal
and in a certain manner with certain limitations; providing Governments in the administration of any funds for in-
for the issuance of permits by the Board of County Com- vestigations, social welfare work, or any other work incident
missioners authorizing holders thereof to take certain fish to the public welfare of the United States, State, County
for commercial purposes by means of a seine, net, trap or and Municipal Governments; authorizing the State Welfare
other set device; limiting the number of permits which Board to promulgate rules and regulations necessary to
may be issued and the kind of permit which may be carry out the intent and purposes of this Act; providing for
issued with reference to the various lakes in Osceola the supervision of State and local institutions for destitute
County, Florida; not exempting permit-holders from the or dependent children and providing for the disposition,
payment of fishing licenses required by law; providing for care, protection, support and maintenance of dependent
enforcement of this Act and the penalties for its violation, children; authorizing the State Welfare Board to establish
Which Bill was read the first time by its title and had at- minimum standards of care for all local public and private
tached to same when introduced in the House of Represen- institutions or agencies; creating the office of State Welfare
tatives, the following proof of publication, which was ordered Comissioner and providing for his appointment, providing
to be entered in full upon the Journal of the House of Rep- that this Act shall not affect the enforcement of Chapter
resentatives: 9274, Acts of 1923, of Chapter 11834 and 13384, Acts of 1927,
of Chapter 13620, Acts of 1929, and Acts amendatory thereof;
AFFIDAVIT OF PROOF OF PUBLICATION repealing all other laws or parts of laws in conflict here-
STATE OF FLORIDA, with; and making appropriations to carry out the purposes
COUNTY OF OSCEOLA. of said Act; and fixing the qualifications of persons entitled
Before me, the undersigned authority, personally appeared to monetary benefits or assistance under this Act",-by
Claud F. Johnson, who, on oath, does solemnly swear that adding thereto-to provide for the creation of "the Florida
he has knowledge of the matters stated herein; that a notice Council for the Blind", and the number and manner of
stating the substance of a contemplated law or proposed bill appointment of the members of said Council; to prescribe the
relating to notice of application for local law in the matter qualifications of said members and to fix their powers and
of passage of Special Act closing East Lake Tohopekaliga, etc., duties; making an appropriation to carry out the purposes
has been published at least thirty (30) days prior to this and intent of said amendment; eliminating any invalid pro-
date by being printed in the issue of Feb. 6, 1941, of the vision hereof; repealing laws in conflict herewith; and de-
St. Cloud Tribune, a newspaper published in Osceola County, termining when this Act shall take effect.
Florida, where the matter or thing to be affected by the Which was read the first time by its title and referred to
contemplated law is situate; that a copy of the notice that the Committee on Public Welfare.
has been published, as aforesaid, and also this affidavit of
proof of publication are attached to the proposed bill or REPORT OF STANDING COMMITTEES
contemplated law, and such copy of the notice so attached is The following report of the Committee on Rules and Calen-
by reference made a part of this affidavit. dar was taken up:
CLAUD F. JOHNSON. To the Honorable Dan McCarty
Sworn to and subscribed before me this 1st day of April Speaker of the House of Representatives
A. D. 1941. Tallahassee, Florida
(Seal) Sir:
MARJORIE Wbl. AKER, Your Committee on Rules and Calendar beg leave to
Notay Public State o Florida at Lage. report and recommend the rules hereto attached as and for
My Commission expires December 23, 1944. the rules of the House of Representatives for the 1941 session
And the House of Representatives thereupon determined of the Florida State Legislature.
that the notice and evidence thereof required by Section 21 The Committee recommends that five hundred copies of
of Article III of the Constitution, has been established in this said rules, together with a list of the members of the House,
Legislature. Standing Committees and members thereof, officials, and at-
House Bill No. 151 was placed on the Calendar of Local teaches of the House be printed, and that one copy thereof
Bills on Second Reading. be furnished to each member of the House.

April 14, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 41

In meeting assembled for the purpose of formulating and shall proceed to record the vote." The Clerk shall imme-
recommending the rules of the House, upon motion to adopt diately start the vote recording equipment, and when con-
the attached report and rules the vote of the Committee
was as follows: pletely recorded, shall announce the result to the House.
Yeas-Messrs. Ayers, Brackin, Carroll, Cawthon, Clement The Clerk shall enter upon the Journal the result in the
(Pinellas), Crary, Harrell, Holt, Lanier, Leaird, Leedy, Lewis, manner provided by the rules of the House.
Littlefield, Luckie, Morrow, Shafer, Sheldon, Strayhorn, Rule 5. The Speaker shall rise to address the House of
Simpson.
Nays-None. Representatives, or to put a question, but may read sitting.
Respectfully submitted, Rule 6. In all yea and nay votes the Speaker s name
RICHARD H. SIMPSON, Chairman shall be called last.
Committee on Rules and Calendar.
SUBSTITUTE SPEAKER
STANDING RULES OF THE HOUSE OF Rule 7 The Speaker shall have the right to name any
REPRESENTATIVES member to perform the duties of the Chair; but such sub-
OF THE DUTIES AND POWERS OF THE SPEAKER stitution shall not extend beyond adjournment.
OF THE HOUSE SPEAKER PRO TEM
Rule 1. The Speaker shall take the Chair on every leg- Rule 8. The Speaker Pro Tem shall exercise the duties
islative day at the hour to which the House shall have ad- and powers of the Speaker during his absence or disability.
journed, call the members to order, and upon the appear-
ance of a quorum, proceed to business. The Jour- MOTIONS
nal of the preceding day shall be corrected, approved Rule 9. Seconds-Withdrawals. After a motion has
by the Speaker, attested by the Chief Clerk, and filed in been stated, or read by the Speaker, it shall be deemed to
the p1erlmanent records of the House. The Speaker shall be in possession of the House of Representatives, without
sign all Acts, Resolutions, Writs, Warrants and Subpoe- a second, and shall be disposed of by vote of the House of
nas of, or issued by order of, the House. He shall have Representatives, but the mover may withdraw it at any
general control of the Hall of the House and of the cor- time before the same has been amended or before a vote
riders and 1)assages, and, in case of disturbance or dis- thereon shall have been commenced, except a motion to re-
orderly conduct in the galleries or lobby, may cause the consider, which shall not be withdrawn after the time laas
same to be cleared. He shall appoint all committees, un- elapsed within which is could be originally made.
less otherwise directed by the House. PRIORITY OF MOTIONS

DECORUM AND ORDER Rule 10. When a question is under debate the Speaker
shall receive no motion but:
Rule 2. The Speaker shall preserve decorum and order, i o
may speak to points of order in preference to other mem- 1. To adjourn at a time certain;
bers, and shall decide all questions of order, subject to 2. To adjourn;
appeal to the House of Representatives by any member, on 3. To take a recess;
which appeal no member shall speak more than once, un- 4. To lay on the table;
less by permission of the House, and no other business 5. For the previous question;
shall l)e in order until the question on appeal shall have 6. To postpone to a day certain;
been decided. Upon the taking of any appeal, the form 7. To commit to a committee of the Whole House;
of the question to be put shall be, "Shall the decision of 8. To commit to a Standing Committee;
the Chair be sustained ?" 9. To commit to a Select Committee;
10. To amend;
Rule 3. Voting. The Speaker shall declare all votes, 10. To amend
but if any member rises to doubt a vote, the Speaker shall 11. To postpone indefitely;
order a division by rising vote, the count being made by the 12. To strike out the enacting clause
Speaker and the Reading Clerk or his assistant, provided, Which several motions shall have precedence in tlie order
however, that upon a showing of hands by five members named.
lie shall take the sense of the House by yeas and nays, or Rule 11. Recess and Adjournment. The Speaker shall
by a vote on the voting machine. No member shall be al- propound all questions in the order in which they are
lowed to vote who shall not be upon the floor of the House moved unless the subsequent motion be previous in nature
before an oral roll call is completed, or before the machine except that in naming sums and fixing times, the largest
is locked by the Clerk immediately preceding a vote. sums and the longest times shall be put first. Motions
to adjourn or recess shall be considered as first in order,
METHOD OF VOTING and shall be decided without debate. But one substitute
Rule 4. Voting by the Electrical Roll Call System. ,for a motion to adjourn shall be entertained. The sub-
When taking the yeas and nays on any question to be voted stitute motion shall fix a different time for adjournment,
upon, thle electrical roll call system, so-called, may be used, and the same shall be put without debate, except that one
and when so used shall have the same force and effect as minute shall be allowed the mover of the substitute
a roll call taken as otherwise provided in these rules. When within which to explain his reasons therefore. Thie sub-
tlhe IHouse is ready to vote upon any question requiring a stitute motion having been lost, the question shall be put
roll call, and the vote is to be taken by the electrical roll on the original motion which if lost shall preclude any
call system, the Speaker shall announce: "The question is further motion to adjourn until other business shall have
on the passage of (designating the matter to be voted been intervened.
upon.) All in favor of such question shall vote 'yea,' all Rule 12. Previous Question-Laying on the Table.
opposed shall vote 'nay.' The house will now proceed to Motions for the previous question and to lay on the
vote." When sufficient time has been allowed the mem- table shall be decided without debate, provided, the intro-
bers to vote, the Speaker shall announce: "Have all ducer of a resolution, bill or motion, not including motions
voted?" And after a short pause shall say: "The Clerk to adjourn or recess, shall be allowed five minutes within

42 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 14, 1941

which to discuss the same, and he may divide his time PRECEDENTS
with, or waive his right in favor of, some other member. Rule 21. The Rules of Parliamentary Practice, con-.
If an amendment be laid on the table such action shall praised in the House Manual and Digest and Digest of the
not carry the subject matter with it. The previous ques- rules and practice of the House of Representatives of
tion shall be put in the following form: "Shall the main the Congress of the United States, shall govern this
question be now put?" If the motion for the previous House of Representatives in all ca:es in which they are
question be adopted the sense of the House shall be taken applicable, and in which they are not in conflict with
forthwith on pending amendments and the main question these rules, or standing orders of this House of Repre-
in regular order. sentatives, or the Joint Rules of the two branches of the
Rule 13. Every motion shall be reduced to writing if Legislature, and it shall be the duty of Speaker or Pre-
the Speaker shall so direct. siding Officer for the time being, assisted by members
of the Committee on Rules and Calendar, to correctly
DIVISION OF QUESTION interpret and have enforced all rules governing tils
Rule 14. Any member may call for a division of a House of Representatives at all times, unless the enforce-
question when the sense will admit of it. A motion to ment thereof shall be waived or suspended as herein
strike out and insert shall be deemed indivisible; a mo- provided.
tion to Strike out, being lost, shall neither preclude amend-
nient nor a motion to strike out and insert.OM ITTEE N RULES AND CALENDAR
Rule 22. All proposed actions touching the rules,
COMMITMENT joint rules and order of busine, s in the House of Repre-
Rule 15. Motions or reports may be committed or re- sentatives shall be first referred to the Committee on
committed at the pleasure of the Iouse of Representatives. Rules and Calendar, which shall report as soon as prac-
Rule 16. Motions Generally. During the call of the ticable thereafter. No report of the Committee on Rules
roll of Counties for the introduction of bills and joint and Calendar shall be received by the House of Repre-
resolutions no motion shall be made or entertained with- ,entatives unless same shows eight or more members of
out the unanimous content of those present. the Committee present in person and voting favorably
e 16-A. o m r s l a s te C r o r on said report. A motion to waive this rule shall only
Rule 16-A. No member shall address the Chair or re-
I be entertained with unanimous consent of those nelbei-
ceive recognition of the Chair for the purpose of intro- e ent
during distinguished visitors or guests, or for making present.
motions to escort such visitors or guests to the rostrum WAIVER AND REPEAL OF RULES
while the House is actually engaged in the consideration Rule 23. These rules shall not be waived or suspended
of the order of business under paragraphs five to nine, except by a two-thirds vote of all the members present,
inclusive, of Rule 40, nor inviolation of Rule 28; pro- which motion when made shall be decided without debate,
vided, however, that the same may be done between the as hereinafter provided, except that no motion to waive
times of consideration of the various orders of business. any rule requiring unanimous consent of the House shall
NOTICE F MOT S be entertained except by unanimous content of those
NOTICE OF MOTIONS )present, and this rule shall be rigidly enforced by the
Rule 17. When any motion is to be made asking that Chair except as otherwise herein provided.
any bill, or joint resolution, be taken up out of its regu- Rule 24. Unanimous Consent-Special Order. No
lar order and considered, previous notice of not less than option to waive the rules and take up out of its regular
fifteen minutes shall be given in writing to the Bill order on the Calendar any bill or joint resolution for
Clerk of such intention, specifying the number of the bill consideration immediately or as a special order shall be
and it- position on the calendar. The Bill Clerk shall put by the Speaker except with the unanimous consent
promptly deliver said notice to a Reading Clerk, and the of those present, ald such motion when made with unan-
Reading Clerk shall read such notice immediately upon imous consent shall be decided without debate, and must
receiving same. receive a two-thirds vote of those present for its adop-
AMENDMENTS tion, except that the maker of the motion shall be allowed
Rule 18. No motion or proposition of a subject differ- not exceeding one minute in which to explain the purpose
ent from that under consideration shall be admitted under of request for unanimous consent to make a motion to
color of amendment, but a proposal to strike out all after take up amy bill or oint resolutionll out of its regular
the enacting clause of a bill and insert any new subject order under this rule. Bills of public importance, for
matter of the ,ame general nature as stated in the title, which special consideration is asked as special orders by
shall be deemed proper and germane and shall be dealt the committee reporting on the same, whether the report
with as an amendment, and the adoption by the House be favorable or not, may be made :special orders for con-
of such proposal shall not preclude further amendment sideration on a special calendar of special orders, which
to its several parts after its adoption, in like manner as may be taken up for consideration as a special calendar
if it were tIhe original bill. by two-thirds vote of the House on motion to take up
that order of business; but no motion shall be entertained
UNFINISHED BUSINESS to make any particular class; of bills a special order, and
Rule 19. The unfinished business in which the House all bills set as special on0ders shall take precedence on
of Representatives was engaged at the time of the last the special order caleldar in the order in which they
adjournment shall have preference in the order of the were referred to such calendar.
day next after motions for reconsideration. Rule 25. Unanimous Consent Special Order. The
IHouse of Representatives may, on rel)ort and recommen-
PRIORITY OF BUSINESS datioll of Commnittee on Rules and Calendar, by majority
Rule 20. All questions relating to thie priority of vote of those present, adopt a special order of business
business to be acted on :hall be decided without debate. to be followed on any legislative day or any part or

April 14, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 43

during any hours of any legislative day, and such order excluded by interest, shall give his vote, unless the House
of business when so adopted shall not be departed from of Representatives, by unanimous consent, shall excuse
without unanimous consent of all present, but shall con- him. Any member desiring to be so excused on any
stitute a special order of business to be followed. Such question shall make application to that effect before the
special rules of procedure, when adopted, shall not be calling of the ayes and nays, and such application shall
waived except by unanimous consent. Special rules shall be accompanied by a brief statement of reasons, and shall
not be made with reference to a particular rule, memorial be decided without debate.
or resolution, but shall in all instances deal with some DISQUALIFICATION-FROM COMMITTEE
general head of business. The hours during which such APPOINTMENTS
special rule shall be effective shall be specified, but -shall in
not extend beyond the legislative day named therein. Rule 31. No member living in any county in which any
State institution is located shall be appointed a member
SPECIAL ORDER-LAST 25 DAYS of any committee to visit such institution for the pur-
Rule 26. The Committee on Rules and Calendar may, pose of investigating and reporting its condition and
from day to day, during the last twenty-five working days needs.
of the session, submit a special order calendar fixing the EXPLANATION OF VOTE
priority of business to be transacted before the House Rule 32. No member shall be permitted to explain his
which shall be constituted of general measures of major vote during a roll call, but he may reduce his explanation
importance, and no other matters shall be considered until to writing and, when filed with the Chief Clerk, the same
such special order calendar has been disposed of or altered shall be spread upon the Journal.
as provided in Rule 25, provided, however, that any bill
or resolution appearing in such special order calendar ABSENCE-EXCUSE FROM ATTENDANCE
may be removed therefrom by a two-thirds vote of all Rule 33. The Speaker shall announce to the House all
members present. requests of members to be excused from attendance on the
HOUSE SESSIONS House for any stated period; and unless objection thereto
H S S O is made by any members, the request hall be deemed grant-
Rule 27. The oure of Representatives shall meet on ed and such fact shall be noted on the Journal. If objec-
each legislative day, except Saturdays, during the first tion be made, a vote of the House shall be required on such
twenty-five days of the session, at ten o'clock A. M. and request. No member shall absent himself from attendance
adjourn at one o'clock P. M. A special session of the on the House for more than two consecutive days without
House shall be held beginning at eight o'clock P. M. on compliance with this rule, and any member often ding
Tuesday and Thursdays for consideration of the Calendar against this rule shall forfeit his compensation for the
of Local Bills only. The time for meeting and adjourning period he is absent without leave.
of the House during the remaining days of the session
shall be fixed by resolution except as to local bill nights, PENALTY FOR BREACH
which shall remain as herein provided for the whole Rule 34. When any member shall be guilty of a breach
se sion. On local bill nights no bills other than those of either of the Rules or orders of the House of Representa-
appearing on or referred to the Calendar of Local Bills tives he may be required by the House of Representatives,
shall be considered except by unanimous consent of those on motion, to make satisfaction therefore, and shall not be
present after due notice given at the last previous session allowed to speak or vote except by way of excuse, until he
of the House, provided, however, that the Committee on has done so.
Rule ai Calendar may from time to time submit a spe-
cial order calendar consisting of general bills having only DISQUALIFICATION FROM VOTING
a local application for the consideration of the House Rule 35. No member shall be permitted to vote, or to
aid shall designate a special time or times in day or night serve on any committee, in any question where his private
sessions when same shall be considered, rights are immediately concerned, distinct from the public
MEMBERS interest.
Duties, Rights and Decorum DEBATE-TIME FOR SPEAKING
Rule 28. Every member when about to speak, shall Rule 36. No member shall speak more than twice on
arise and respectfully address the Speaker, and hall any subject without first obtaining leave of the House of
not proceed until recognized by the Speaker, shall con- Representatives; nor shall he speak more than once, so
fine himself to the question under debate and shall avoid long as any member who has not spoken shall desire to
personalities. No member shall address the Chair out of speak, nor shall any member be permitted to speak longer
his place, nor speak out of his place, except that any than thirty minutes at any one time and during the last
member after being recognized in his place, shall have the twenty-five working days of session, not longer than ten
right to advance to the space immediately in front of the minutes.
Speaker's desk and address the House. No member shall RECONSIDERATION
occupyI the space within the railing around the desk of Rule 37. When a vote has passed, it shall be in order
for any member voting with the prevailing side to move for
INTERRUPTIONS a reconsideration thereof on the same or the succeeding
Rule 29. No member shall be interrupted by another legislative day, and such motion, unless otherwise disposed
without the consent of the member who has the floor, of, (except in the last week of the session) shall be placed
except by rising to a question of order. on the calendar first in the orders of the day for the day
succeeding that on which the motion is made; and when
VOTING a motion for a reconsideration is decided, that decision
Rule 30. Eveiry member who shall be in the House of shall not be reconsidered, and no question shall be twice
Representatives when a question is put, when he is not reconsidered; provided, however, that a motion to recon.

44 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 14, 1941

sider a vote upon any collateral matter shall not remove 6. Consideration of communications from the Gover-
the main subject matter under consideration from before nor and other papers addressed to the House of
the House of Representatives, but such motion shall be Representatives or the Speaker thereof.
considered at the time that it is made, nor shall any motion
"be made to reconsider any collateral matter after the House BILLS AND RESOLUTIONS
has passed to other business from the main subject to Rule 42. Form. All bills, resolutions and memorials,
which such collateral matter was connected. when introduced, shall be typewritten or printed without
interlineations, on not less than one sheet of paper, with
BILLS UNDER RECONSIDERATION suitable margins and spaces between the several sections.
Rule 38. Bills and joint resolutions, in reference to All bills shall contain a proper title and enacting clause
which any member has the right to move reconsideration, as required by the Constitution, and shall embrace but
shall remain in the possession of the Clerk until the right one subject, and matter properly connected therewith,
of reconsideration has expired, except during the last sev- which subject shall be briefly expressed in the title.
en working days of the session, when the operation of this
rule shall be suspended, provided, that 1 ills on the local PRINTING OF BILLS
calendar and passed as such shall be immediately certified Kule 43 Any introduced measure may be printed for
to the Senate after having been engrossed as provided in the information of the House upon recommendation of tie
the rules, when required by these rules to have been en- committee to which such measure has been referred. Any
grossed. In all cases concurrent resolutions and memorials member may request the printing of such measure at the
shall be certified to the Senate without being held in the time of introduction or at any time before consideration,
possession of the Clerk until the time for reconsideration provided, however, that such request shall be referred to
has expired. the committee to which the measure has been referred,
which committee shall approve or disapprove the request
CONFERENCE COMMITTEE for printing within twenty-four hours after such request
Rule 39. When any bill or joint resolution is referred has been made.
to a Conference Committee and the Conferees on the part
of the House report inability to agree, no action of the INTRODUCTION OF BILLS, ETC.
House taken prior to such reference to a Conference Corn- Rule 44. Upon the introduction of bills and resolutions
mittee shall preclude further action on said measure as the by the call of counties, if there is not a complete call of
House may determine., counties on each day, the resumption of the call of coun-
ties on the succeeding day shall be taken up at the place
PRIVILEGE where it was left off on the preceding day.
Rule 40. Questions of privilege shall be: (1) Those Rule 45. Companion Bills. Whenever any bill, me-
affecting the House of Representatives collectively, its morial or joint resolution of the House of Representatives
safety, dignity and integrity of its proceedings; (2) the shall be reached on the Calendar of the House of Represen-
rights, reputation and conduct of the members individually, tatives for consideration, either on second or third reading,
in their representative capacity only, and shall have pre- and there shall be also pending on the calendar of the
cedence over all other questions, except motions to adjourn, House of Representatives a companion measure to such
but no member shall be permitted to speak longer than ten House Bill. memorial or House Joint Resolution, which
minutes on a question of privilege. companion measure has already been passed by the Senate,
ORDER OF BUSINESS-ORDER OF THE DAY it shall be in order to move that the Senate Companion
R measure be substituted for the House Bill, memorial or
Rule 41. The order of business and order of the day House Joint Resolution and considered in lieu of the House
shall be as follows: Bill, memorial or House Joinit Resolution, and such motion
Order of Business may be adopted by a majority vote to substitute such Sen-
1. Roll Call. ate measure for such House Bill, memorial or House Joint
2. Prayer by Chaplain. Resolution, provided the Senate measure has been read the
3. Reading of the Journal upon request of any member. same number of times and is on the same reading as such
4. Correction of the Journal. House Bill, memorial or House Joint Resolution, otherwise
5. Introduction of memorials, petitions or other 1paplers tihe motion shall be to waive the rules and take up and read
addressed to the House of Representatives or the such Senate measure in lieu of the House Bill, memorial, or
Speaker thereof. House Joint Resolution, and such motion to waive the
6. Introduction of House Resolutions. rules for that purpose shall require a two-thirds vote of
7. Introduction of Concurrent Resolutions. those present for its adoption.
S. Introduction of Memorials of the Legislature. Rule 46. "All House Bills and Memorials shall be
9. Introduction of Bills and Joint Resolutions by call introduced in quadruplicate. Five copies of all House
of counties. Resolutions. House Concurrent Resolutions and House
10. Report of Standing Commnittees. Joint Resolutions shall be introduced. The original
11. Report of Select Committees. copy of all House Bills, House Resolutions, House Joint
Order of the Day Resolutions, IHouse Concurrent Resolutions, and Me-
morials shall be on good bond paper. Each copy of
1. Select order of the day. resolutions, memorials. annd bills shall be accompanied by
2. Consideration of Messages from thie Senate. a title slip on which shall be entered in full the exact title
3. Consideration of House Resolutions. thereof. The Sergeant-at-Arms is hereby authorized and
4. Consideration of bills and resolutions on their third directed to furnish to the press and I)public tIle triplicate
reading. col)ies of such bills and resolutions for examination and lie
5. Consideration of bills and resolutions on their sec- is authorized to call to his assistance such person as he may
ond reading, need as custodian of these files known as "''Triplicate Files."

April 14, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 45

Any person authorized hereunder to obtain the triplicate bills which have been amended in the House, shall be con-
copies of such bills and resolutions for examination shall strued to mean that the amendments adopted shall be im-
sign a receipt before obtaining same from the Sergeant-at- mediately engrossed and attached to said bill before it is
Arms, and the use by any person of these triplicate copies transmitted to the Senate. All bills referred to the En-
shall be temporary and not permanent, and all copies grossing Committee shall be carefully examined in cases
must be returned ,to the office of the Sergeant-at-Arms where no amendments have been adopted to the same, and
without unnecessary delay, if it shall be found that the bill is fairly typewritten witli-
Rule 47. Reference. All bills and joint resolutions out clerical error, substantial erasure or interlineation, tle
shall, after having been read by title only, be referred by bill may be returned as engrossed without being rewritten.
the Speaker to the appropriate Standing Committee. All Nothing in this rule shall apply to Local Calenldar blls
House Resolutions, Concurrent Resolutions, and Memorials which have not been amended in the House. All elgrosse I
may be referred to an appropriate committee in the dis- amendments shall be made in duplicate to Senate bills.
creation of the Speaker, and if different committees shall Rule 52. Amendment, Etc., on Third Reading. Upon
be proposed, the question shall be taken in the following the third reading of any bill, memorial or joint resolution,
order and shall be determined by a majority vote of the it shall not be committed or amended, except as to title,
members of the House of Representatives: A Standing without the consent of two-thirds of the members present,
Committee of the House of Representatives; a Joint Stand- nor shall it be postponed to a day certain without the con-
ing Committee; a Select Committee of the House of Repre- sent of a majority of those present.
sentatives; a Joint Select Committee. Except as to bills Rule 53. Disposition on Third Reading. The order
carrying an appropriation, no multiple reference shall be of disposition of any bill, memorial or joint resolution
made by the Speaker unless directed thereto by the House, which has been read the second time shall be its reference
upon motion, which motion shall be decided without de- to the Committee on Engrossed Bills to be engrossed after
bate. all questions relative to it while on a second reading ha\e
Rule 48. Readings. Unless otherwise ordered by a been disposed of, and the same shall be immediately en-
two-thirds vote of members present, concurrent resolutions grossed and placed on the Calendar of Bills on Third Read-
shall receive two readings on two separate days, and un- ing to be taken up on some separate succeeding legislative
less otherwise ordered, shall be determined by a viva voce day, unless otherwise ordered by a two-thirds vote of those
vote. All other resolutions than joint or concurrent reso- present.
lutions, after reference to and report from the resolution Rule 54. Transmission to Senate. When a bill or
committee, shall be determined by a viva voce vote upon resolution shall have passed its third reading, it shall be
their first reading after the report of such committee unless certified by the Clerk endorsing thereon the day of its
otherwise ordered. Every bill, joint resolution or memor- passage, and be transmitted to the Senate, accompanied
ial shall receive three separate readings on three separate by a message stating the title to the bill or resolution, and
days previous to a vote upon the passage of such bill, joint asking the concurrence of that body.
resolution or memorial unless two-thirds of the members Rule 55. All enrolled bills, joint resolutions, and e-
present shall decide otherwise, and the Clerk shall give orials shall be signed by the Speaker and the Chief Clerk
notice of each, whether it be first, second, or third reading, in open session of the House, and the fact of such si,ini
together with the report of the committee thereon, if any. by the Speaker and the Chief Clerk shall be noted im the
Rule 49. Indefinite Postponement on Third Reading. Journal.
When any measure requiring three readings shall be in its
third reading, and a motion to indefinitely postpone the SENATE BILLS
same shall be made, and the yeas and nays called for, it Rule 56. On Wednesday of each week, and such oiler
shall be the duty of the Speaker to put the question on the times as the Committee on Rules and Calendar shall )
final passage of the bill, joint resolution or memorial, and special order designate, the House of Representatives shall,
direct the roll call on its final passage and not put the mo- after having considered messages from the Senate, take
tion of indefinite postponement of the measure. up and consider the Calendar of Senate Bills of a gellneral
Rule 50. Title Amendment. It shall be in order to nature on Second Reading and no other business shall be
amend the title of any bill or joint resolution upon its in order thereafter for a period of at least two hours; ex-
second or third reading by a majority vote. cept questions of order or privilege which may be conlsidl-
ered at any time and are of superior dignity to other busi-
Rule 51. Engrossing. Before any bill, joint resolu- ness of the House.
tion or memorial requiring three readings shall be read the
third time, whether amended or not, in the case of House PETITIONS, MEMORIALS, ETC.
Bills of a general nature, and in all cases where an amend- P E ON A n MeM t C
ment shall be adopted to any of them, whether local or not Rule 57. All papers addressed to the House of Repre-
in nature, it shall be carefully engrossed by being type- sentatives, except petitions, memorials and remonstrances,
written without erasure or interlineation, on strong white shall be presented by the Speaker, or by a member in lis
paper, the same to be done under the direction of the En- place, and shall be read by the Speaker, Clerk, or such
grossing Committee of the House; and in the case of any other person as the Speaker may request;
Senate bill which shall be amended in the House, the Rule 58. Every member presenting a petition, nie-
amendment adopted shall be carefully engrossed in like moral or remonstrance, shall endorse his name thereon,
manner and attached to the bill amended in such manner with a brief statement of the nature and object of the
that it will not be likely lost therefrom. Any motion to instrument, and the same shall be read by the Reading
waive the rules and immediately certify any bill, memor- Clerk, unless the Speaker shall other direct.
ial or joint resolution to the Senate shall be construed as TIME OF PRESENTATION
a motion to immediately, engross the same, if engrossment
is required under this rule, and certify the same immedi- Rule 59. All reports, petitions, memorials, remon-
ately thereafter to the Senate, and in the case of Senate strances and papers of a like nature shall be presented

46 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 14, 1941

during the first hour of each session of the House of Committee on National Guard and Military Affairs.
Representatives, and at no other time. Committee on Nurseries and Plant Husbandry.
Committee on Motor Vehicles and Carriers.
SCommittee on Obsolete Laws.
Rule 60. Memorials shall be carried on the calendar Committee on Phosphates, Oils and Minerals.
immediately after any pending undisposed of concurrent Committee on Public Amusements.
resolutions and the fact of its being first, second, or Committee on Public Health.
third reading shall be noted on the calendar in connec- Committee on Public Lands.
tion therewith. Committee on Public Printing.
LOCAL BILLS Committee on Public Roads and Highways.
Rule 61. Local bills shall be disposed of according Committee oil Public Utilities.
to the calendar of Bills of a Local Nature and shall be Committee on Public Welfare.
taken up and considered only at such time as shall be Committee on Railroads, Telegraph and Telephones.
specially fixed therefore by these rules, and no bills of a Committee on Resolutions.
general nature or amendments thereto shall be considered Committee on Rules and Calendar.
at such time, except by unanimous consent and unless the Committee on State Institutions.
intention to bring up such general bills at such time be Committee on State Marketing.
announced at the next preceding meeting of the House. Committee on State Pensions.
Committee on State Prisons and Convicts.
USE OF CHAMBER Committee on State Publicity.
Rule 62. Application for the use of the Chamber of Committee on Temperance.
the House of Representatives shall be made to and decided Committee on Veterans Affairs.
upon by the Committee on Rules and Calendar. Each of said Committees shall consist of not less than
COMMITTEES five nor more than twenty-one members of the House, one
of whom shall be designated by the Speaker as Chairman
Rule 63. The following Standing Committees of the and another as Vice Chairman. Committees having busi-
House of Representatives shall be appointed by the ness before them shall meet on the call of the Chairman,
Speaker at the commencement of the session of the Legis- or the Vice Chairman in his absence, or upon the written
lature, or as soon thereafter as practicable: request of three or more members of the Committee.
Committee on Agriculture.
Committee on Americanism. COMMITTEE OF THE WHOLE HOUSE
Committee on Appropriations. Rule 64. In all cases the House of Representatives
Committee on Aviation. may resolve itself into a Committee of the Whole House,
Committee on Banks and Loans. and in such event the Speaker shall leave the Chair after
Committee on Building & Loan Associations. appointing a Chairman to preside, who shall, in case of
Committee on Canals and Drainage. disturbance or disorderly conduct in the galleries or
Committee on Census and Apportionment. lobby, have power to cause same to be cleared.
"Committee on Cities and Towns. PROCEDURE
Committee on Citrus Fruits. PROCEDURE
Committee on Claims. Rule 65. Bills committed to a committee of the Whole
Committee on Commerce and Navigation. House shall be read and debated, or amended by clauses or
Committee on Conservation. sections, leaving the title or preamble to be last con-
Committee oh Constitutional Amendments. sidered. The body of said bill shall not be interlined or
Committee on County Officials. defaced, but all amendments denoting the page and line
Committee on County Organizations. shall be entered by the Chief Clerk, who shall be Clerk of
Committee on County Roads and Bridges. the Committee -of the Whole House, on separate paper, as
Committee on Education "A". the same shall be agreed to by the Committee, and so re-
Committee on Education "B". ported to the House of Representatives. After report,
Committee on Efficiency. the bill or other matter may be again debated and shall
Committee on Elections. be subject to be again amended by clauses or sections.

Committee on Engrossed Bills. The quorum for a Committee of the Whole House shall be
Committee on Enrolled Bills. the same as for the House of Representatives, and when
Committee on Finance and Taxation. the Committee of the Whole House shall rise, the roll
Committee on Fish and Game. shall be called to ascertain the presence of a quorum of
Committee on Forestry. the House of Representatives.
Committee on Hotels and Innkeepers. Rule 66. Enrolling and Engrossing. The Committees
Committee on Industries. on Enrolled Bills and on Engrossed Bills shall report as
Committee on Insurance. soon as the bills referred to them have been enrolled or
Committee on Judiciary "A". engrossed, and all bills shall be disposed of in such com-
Committee on Judiciary "B". mittees in the order in which they were referred, except
Committee on Judiciary "C". when bills are ordered to be engrossed immediately for
Committee on Judiciary "D". certification to the Senate under waiver of the rules,
Committee on Journal. when such last mentioned bills shall have precedence.
Committee on Labor. Rule 67. Custody. All bills, joint resolutions or
Committee on Legislative Expense. papers relative to any business before the House of Repre-
Committee on Livestock. sentatives shall be left with the Chief Clerk by any
Committee on Lobbying. member who shall obtain leave of absence, and may have
Committee on Lumber and Naval Stores. any such in his possession.

April 14, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 47

Rule 68. Meetings. It shall be the duty of the Chair- mittee voting to report the same unfavorably, to make
men of all Committees of the House of Representatives to such motion.
which any business has been referred, to cause their com-
mittees to meet daily until such business is disposed of OPEN MEETINGS
and reported to the House. Announcements of committee Rule 74. All meetings of all committees shall be open
meetings may be made through the Reading Clerk while to the public at all times, subject always to the power
the House is in session, but in all cases shall be by notice and authority of the Chairman to maintain order and
in writing served on each member of the Committee Speci- decorum.
fying the time and place of the meeting. Committees may Rule 75. Notice of Hearing. Before any committee
designate a particular hour and place for holding their shall consider any measure, those in favor and those
regular meetings, and when same is done, notice thereof opposed to the same shall be notified of the intended
shall be given by causing the same to be printed on the consideration by said committee, and also the time
daily calendar, specifying the name of the committee and and place of the meeting of said committee, in all
the time and place of meeting. No special notice of regu- cases, where such notification is requested in writing
lar committee meeting thus provided for shall be required and is practicable to be made. Such notice may be
to be given to any one, but in all other cases special given by posting the same on a blackboard in the lobby, or
notice shall be given to members of the committee by by causing the same to be read before the House while in
causing the same to be announced while the House is in session, or personally.
session or by service of written, notice on each member of COMMITTEE REPORTS
the committee. Before the Chairman of any committee Rule 76. All committees may report by bill, resolu-
shall designate the place in which his committee is to meet, tion or ot
he shall first consult with the Sergeant-at-Arms, who will R .
assign a room for such purpose. Rule 77. Lobbying. The several committees of the
House shall enforce Sections 96 and 97 of the Compiled
Rule 69. Recommitting. The Chairman, or in his General Laws of Florida of 1927, and the Chief Clerk
absence, the Vice Chairman, shall cause to be given at least and the Sergeant-at-Arms of the House shall provide
two hours prior notice in writing to the introducer of any each of the Committees, special or standing, with the
bill to be considered by a Committee, and any House bill necessary blank affidavits, setting forth the require-
reported unfavorably by any committee without such ments provided in said Section 96. To further facilitate
notice to and an opportunity to be heard having been given the purpose of the said statute, the Sergeant-at-Arms
to its introducer, may be recommitted to the committee may be directed by the Speaker of the House to furnish
reporting the same unfavorably and shall not lose its place an appropriate roster to be kept by some capable and
on the calendar by reason thereof. The Committee to trustworthy person in which all visitors and tlose on
which the bill is thus committed shall proceed to reconsider business before the Legislature may register their names,
it and shall report on it as if originally referred. profession, postoffice address, and purpose of visit. In
Rule 70. Recommendation. All matters referred to addition to the requirements of the said statute any per-
Committees shall be reported from said committees son appearing before a committee or discussing with a
with their recommendations thereon within fourteen member of the House, matters in support of, or in op-
legislative days after reference, and if not so reported position to, any pending measure may be compelled by
without good cause shall be withdrawn and placed on the Committee on Lobbying to furnish information
the calendar as reported without recommendation, upon whether he appears as a paid representative or not and
request of its introduced or some member in favor of it. if a paid representative to disclose the party or parties
he is representing.
Rule 71. Committee Vote. All reports of committees h i R
shall contain the action of the committee upon the CHIEF CLERK
matter referred, with a record of the "yea" and "nay" Duties and Powers
vote on the committee report made, which report shall Rule 78. There shall be a Chief Clerk whose duty
be entered at large on the Journal, showing the "Yeas" it shall be, with the help of his assistants, to keep a
and "Nays" and names of those absent or not voting, careful record of all proceedings of the House of Rep-
Rule 72. Vice-Chairman. The Speaker shall appoint resentatives and cause them to be printed in the Journal.
a Vice.Chairman of each standing committee, who shall All questions of order and decisions thereon shall be
act in the absence or disability of the Chairman and noted and recorded in the Journal. The Chief Clerk
shall have power to call the committee together for shall sign all bills, Acts and Resolutions passed by the
the consideration of bills in such event. House, together with all writs, orders and process emla-
Rle tnating therefrom. He shall perform all duties which
Rule 73. Unfavorable Reports. All bills and joint have heretofore devolved upon the Chief Clerk by cus-
resolutions reported unfavorably by any committee shall tom. The Chief Clerk is required to examine all local
be laid on the table unless the committee reporting the bills to determine whether or not the same are accom-
bill at the time, or some member thereof, or any member panied by proof .of publication of notice, or whether
within two working days after the report appears in the same contains a proper referendum. The assistant
the Journal thereafter, shall request its reference to clerks shall be under his direction. He shall not permit
the calendar, when it shall, upon a motion prevailing local bills unaccompanied by proof of publication of
by a two-thirds vote, be referred to the calendar. If notice or not containing a proper referendum, as re-
the report of any committee be unfavorable it shall be quired by Section 21 of Article 3 of the Constitution
the duty of the Chairman of the Committee to move of the State, to be read or otherwise entertained but
to indefinitely postpone the bill, memorial or resolution the same shall be returned to the introducer.
so reported when it shall be reached on second reading,
or if the Chairman shall have voted contrary to the PRINTING OF CALENDAR
report adopted by the Committee so reporting unfavor- Rule 79. The Chief Clerk shall cause to be printed
ably, it shall be the duty of some member of the Com- the daily calendar of the House of Representatives, and

48 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 14, 1941

shall divide tile same into three separate parts with lawful authority. He shall have supervision over the
appropriate headings. In the first division and under Assistant Sergeant-at-Arms, pages, doorkeepers, janitors,
the first heading shall be placed all House Bills and messengers and Journal Clerks.
Joint Resolutions of a General Nature; under the second THE FLOOR OF THE HOUSE
heading shall be placed all Senate Bills of a General
Nature; under the third division shall be placed all Sen- Rule 83. The courtesy of the floor of the House shall
ate and House Bills of a Local Nature. In each of said be extended only to former members of the House of
divisions all bills and joint resolutions shall be arranged Representatives and members of the Senate and the wife
so as to show (1) those on third reading; (2) those on of any such Representative or Senator, the Governor and
second reading. The committee to which such bill or his wife, heads of administrative departments, Justices
resolution was referred, together with the report of of the Supreme Court, one accredited representative of
same, shall be stated under the title of each bill. each of the newspapers of the State, and attaches of
the House and Senate, while on business connected with
MESSAGES their duties, shall be allowed the courtesy of the floor
Rule 80. Messages shall be transmitted to the Gov- of the House, but the Speaker or presiding officer for
ernor or the Senate by the Clerk or Sergeant-at-Arms. the time being, upon written request of members of the
HOouse, may extend the courtesies of the floor to such
JOURNAE L INDEXING AND BINDING visitors as may be named in the request, unless objec-
Rule 81. It sliall be the duty of the Chief Clerk of tions be interposed thereto by any member, in which
the House and his Assistants to fasten together the ap- event a vote of those present shall be taken. This rule
proved copies of the Journals of each day, and immedi- shall apply whether the House is in session or not, except
ately prepare an index upon forms to be furnished by that when the House is not in session ingress and egress
the Attorney General; such index shall be plainly writ- by way of the aisles of the House Chamber shall be
ten or typed, and such Journal shall b.e the official one allowed to the corridors of the north wing of the
of the House of Representatives. The Chief Clerk shall capitol.
have thirty days after the House adjourns for complet- No lobbying shall be permitted on the floor of the
ing the index, which shall be filed for approval with House.
tlhe Attorney General. The complete Journal at the 'thse of the
close of the session shall be bound together under the su- he the House s ot session the use o the floor
Ipervision of the Chief Clerk and when approved by the of the House is reserved for the members for work,
Speaker of the House aiid attested to by the Chief conference, correspondence, etc., and the doorkeepers
Clerk of the House, shall be filed in the office of the shall rigidly exclude the public from all parts of the
Secretary of State, as the official Journal of the House House except the gallery; and the Sergeant-at-Arms
of Representatives. shall preserve the same order and silence as when the
House is in session.
SERGEAN-AT-ARMS ATTACHES
Powers and Duties Rule 84. House employees and attaches shall perform
Rule 82. There shall be a Sergeant-at-Arms and one the duties allotted to them by custom or rule of tle
or more Assistant Sergeant-at-Arms of the House of House or by order of the Speaker. The Enrolling Clerk
Representatives, and it shall be the duty of said officers shall be the head of all employees il the Enrolling De-
to attend the House of Representatives during its sit- partnent and shall have supervision of same under the
tings, to maintain order under the direction of the Committee on Enrolled Bills. The Engrossing shall be
Speaker or other presiding officer in the Chair; to the head of all employees working in the Engrossing
execute the commands of the Speaker and of the House, Department and shall have supervision of the same under
and all processes issued by authority thereof, directed the Committee on Engrossed Bills, both the Enrolling
to him and subject always to the approval of the Speaker and Eigrossing Department shall be under the control
to have charge of all property of the House of Rep- of the Spe of t of the House. House stenographers not
resentatives and to dislburse the expendible materials of specially assigned shall be under the control of a head
tIle House to members of the House for their official use; to be designated by the Efficiency Committee, who shall
to cause to be printed daily sufficient number of Jour- work under the Committee on Legislative Expense.
nals and Calendars of the House to supply the demands House stenographers shall be at all times subject to tlhe
of tIhe House and its members and to comply with any requisition of the Chairman or acting Chairman of any
order or resolution of the House; to have charge of the House Commnnittee, for the performance of the official
Pages of the House; and the Doorkeepers and Janitor business of the House. All attaches and employees of the
of the House; to have general charge of the gallery of House shall remain on duty at all times while the House
the House provided for the public and maintain order is in session. When the House is not in session they shall
therein; to provide drinking water for the comfort of observe the same hours of employment as regular capitol
members of the House and ice for same when neces- employees, provided, that any committee may require a
sary; to make requisition on the State Printer for all stenographer to attend its meetings at any time. House
materials in the form of blanks and printed stationery stenographers may be required to write letters for mem-
which may be required by the House and distribute the bears of the House when same does not interfere with
same on request of the members; to purchase for the their doing the official work of the House which has
use of thle House, unless otherwise ordered, all articles been allotted to them.
which sliall be ordered by the House to be provided for DISQUALIFICATION OF ATTACHES
thle use of the House, which are to be purchased, and rent DISQUALIFICATION OF ATTACHES
or otherwise secure any articles which are to be rented or Rule 85. No attache of the House shall, directly or
provided when so ordered by the House, and to perform any indirectly, interest or concern himself or herself with the
special duty which may be required by order or resolution passage or consideration of any measure whatsoever. And
of tIhe House, or tIhe Speaker thereof in tIhe exercise of his if any attache so interests or concerns himself or herself

April 14, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 49

with any measure it shall be grounds for summary same resolutions shall be certified by the House so pass-
dismissal. ing the same to the other in like manner to that prescribed
JOINT RULES in joint rule number eight for concurrent resolutions.
Which was read.
Rule 1. While bills and joint resolutions are on their
passage between the two houses, they shall be on paper and Mr. Simpson moved the adoption of the report.
under the signature of the Secretary or Clerk of each Mr. Burks offered 'as a substitute motion that the adop-
house respectively. tion of the report be postponed until tomorrow and that
iRule 2. t be made a special and continuing order for 12:00 o'clock
Rule 2. After a bill or joint resolution shall have Noon.
pa,:sed both houses it shall be duly enrolled as provided
by Chapter 7346, Acts of 1917, by the Enrolling Clerk of thr. Morrow moved that the substitute motion be laid on
the House of Representatives or Enrolling Secretary of the Which was not agreed to.
Senate, as the bill may have originated in the one or the The question then recurred on the substitute motion
other house, before it shall be presented to the Governor Which was agreed to.
of the State or filed with the Secretary of State. And further consideration of the report of the Committee
Rule 3. When a bill or joint resolution is enrolled on Rules and Calendar was made a special and continuing
it shall be examined by the Standing Committees of the order of business for 12:00 o'clock Noon tomorrow.
Senate and the House of Representatives on Enrolled Mr. Shafer moved that the rules be waived and that the
Bills, acting conjointly, who shall carefully compare the House do now revert to the order of introduction of House
enrollment with the engrossed bill or joint resolution as Resolutions.
passed by the two houses, and correcting any errors that Which was agreed to by a two-thirds vote.
may be discovered in the enrolled bill or joint resolution, And it was so ordered.
make their report forthwith to their respective houses. INTRODUCTION OF HOUSE RESOLUTIONS
Rule 4. After examination and report, each bill and By Messrs. Shafer, Safford and Murray of Polk-
joint resolution shall be submitted to the introducer for House Resolution No. 15:
his inspection and thereafter shall be signed in the respec- WHEREAS, Honorable Ben F. Connor was elected by the
tive houses, first by the Speaker of the House of Repre- citizens of Polk County, Florida as a member of the House
sentatives, and the Clerk thereof, then by the President of Representatives of the State of Florida in the General
Election of 1940, and
of the Senate and the Secretary thereof. Election of 1940, and
WHEREAS, he was fatally injured in an automobile ac-
Rule 5. That the Committee of the Senate on Enrolled cident prior to the convening of the 1941 Session of the
Bills and the Committee of the House on Enrolled Bills Legislature, and
shall constitute a joint Committee on Enrolled Bills. WHEREAS, Ben F. Connor ,through his long experience
and knowledge of the problems of the citrus grower, and of
Rule 6. After a bill shall have been thus signed in the citrus packing industry, and through experience and
each house, it shall be presented by the said committee training in other business and civic enterprises, including
S. the phosphate and cattle industries, and the schools of
to the Governor of the State for his approval, it being this State, was preeminently qualified to render effective
first endorsed on the back thereof, certifying in which service to the County of Polk and State of Florida.
house the same originated, which endorsement shall be NOW, THEREFORE, BE IT RESOLVED that the mem-
signed by the Secretary or Clerk as the case may be, of bers of the 1941 House of Representatives express our deep
the house in which it did originate, entered on the Journal sympathy to his bereaved wife, and our regrets to the County
of Polk and State of Florida in the loss of a member of
of each house. The same committee shall report the day of this House, whose experience and training promised so much
presentation to the Governor, which time shall also be to the State of Florida.
carefully entered on the Journal of each house. BE IT FURTHER RESOLVED that a copy of this Memorial
be spread upon a page of the Journal of the House of Repre-
Rule 7. All orders, resolutions and votes which are sentatives and that a copy of this Memorial be sent by the
to be presented to the Governor of the State for his ap- Chief Clerk to the widow of the Honorable Ben F. Connor.
proval shall also in the same manner be previously enrolled, BE IT FURTHER RESOLVED that a copy of this Memorial
examined and signed, and shall be presented in the same be furnished to the Press.
manner and by the same committee as provided in cases Which was read in full.
of bills. Mr. Shafer moved the adoption of the resolution.
Rule 8. Before being put upon its passage, every reso- Which was agreed to.
lution in either house, to which the concurrence of the And House Resolution No. 15 was adopted.
other may be necessary (except a question of adjournment) INTRODUCTION OF HOUSE BILLS AND JOINT
shall receive two readings, which (unless two-thirds of the RESOLUTIONS
members present decide otherwise) shall be upon two By Mr. Harrell of Hamilton-
different days; and the Clerk upon the proceeding thereto House Bill No f 154:
shall announce whether the same to be first or second ^House Bill No. 154:
shall announce whether the same to be first or second A bill to be entitled An Act to provide for and to authorize
reading of such readings; and all such resolutions upon leaves cf absence to State and County officials inducted into
their passage shall be certified as of course, and without military or naval service.
necessity of any motion or vote to that effect by the Clerk Which was read the first time by its title and referred to
or Secretary respectively of the house so passing said the Committee on Military affairs.
resolution to the other. By Mr. Commander of Holmes-
Rule 9. Joint Resolutions shall, prior to their passage, House Bill No. 155:
receive three readings which shall (unless two-thirds of A bill to be entitled An Act requiring the State Welfare
the members present shall decide otherwise) be upon Board to pay monthly benefits to all needy persons who
tle memes present shalhave lost a limb or have been disabled by disease or mis-
three different days; and the Clerk upon proceeding -fortune to earn a livelihood.
thereto, shall announce whether the same be the first or Which was read the first time by its title and referred to
second or third reading; and upon their passage, the the Committees on Public Welfare and State Pensions.

50 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 14, 1941

house e 'Resolution Clo. 15

By Messrs. Shafer, Safford and Murray of Polk

WHEREAS, Honorable Ben F. Connor was elected by the citizens of Polk
County Florida, as a member of the House of Representatives of the State of
Florida in the General Election of 1940, and
WHEREAS, he was fatally injured in an automobile accident prior to the
convening of the 1941 Session of the Legislature, and
WHEREAS, Ben F. Connor, through his long experience and knowledge
of the problems of the citrus grower, and of the citrus packing industry, and
through experience and training in other business and civic enterprises, includ-
ing the phosphate and cattle industries, and the schools of this State, was pre-
eminently qualified to render effective service to the County of Polk and State
of Florida.
NOW, THEREFORE, BE IT RESOLVED that the members of the 1941
House of Representatives express our deep sympathy to his bereaved wife, and
our regrets to the County of Polk and State of Florida in the loss of a member
of this House, whose experience and training promised so much to the State
of Florida.
BE IT FURTHER RESOLVED that a copy of this Memorial be spread
upon a page of the Journal of the House of Representatives and that a copy of
this Memorial be sent by the Chief Clerk to the widow of the Honorable Ben
F. Connor.
BE IT FURTHER RESOLVED that a copy of this Memorial be furnished
to the Press.

April 14, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 51

Mr. Overstreet requested that House Bill No. 49 be with- and place, if Senator Pepper accepts said invitation and
drawn from the Committee on Claims and referred to the signifies his ability to be present.
Committee on Appropriations. And respectfully requests the concurrence of the House
And without objection it was so ordered, therein.
Very respectfully,
Mr. McLane requested that House Bill No. 18 be jointly ROBT. W. DAVIS,
referred to the Committees on Finance & Taxation and Secretary of the Senate.
Public Welfare. And Senate Concurrent Resolution No. 2, contained in the
And without objection it was so ordered, above message, was read the first time in full.
MESSAGES FROM THE SENATE Mr. Sheldon moved that the rules be waived and that
The following message from the Senate was received and Senate Concurrent Resolution No. 2 be read a second time
read: in full.
Senate Chamber, Which was agreed to by a two-thirds vote.
Tallahassee, Florida, April 11, 1941. And Senate Concurrent Resolution No. 2 was read a second
Honorable Dan McCarty, time in full.
Speaker of the House of Representatives,
Sir: Mr. Sheldon moved the adoption of Senate Concurrent
I am directed by the Senate to inform the House of Resolution No. 2.
Representatives that the Senate has adopted- Which was agreed to.
Senate Concurrent Resolution No. 2: And Senate Concurrent Resolution No. 2 was adopted.
Whereas, Honorable Claude Pepper, United States Senator
from Florida, is in the State and will be available to address Mr. Lewis moved that the members of the House do now
a joint session of the Senate and House of Representatives, stand as a tribute to Mrs. W. R. Dorman, Bill Clerk of the
on Monday, April 14, 1941, and House, who has just celebrated another birthday anniversary.
Whereas, a message from Senator Pepper will be of Which was agreed to.
utmost benefit to the members of the Senate and House And the House stood in tribute to Mrs. Dorman.
of Representatives in view of his intimate knowledge of Mr. Gray moved that the rules be waived and whe
national and international conditions and his prominent Mr. Gray moved that the rules be waived and when the
position with relation to the national administration. House adjourn today it adjourn to meet again at 11:00 o'clock
THEREFORE, BE IT RESOLVED BY THE SENATE AND Which was agreed to by a two-thirds vote.
THE HOUSE OF REPRESENTATIVES CONCURRING: Mr. Harrell moved that the rules be waived and the House
That the Senate and House of Representatives do invite the do now adjourn.
Honorable Claude Pepper to address them in joint session in Which was agreed to by a two-thirds vote.
the House of Representatives at 8:00 o'clock P. M. Monday
evening April 14, 1941, and that the Senate and House of Thereupon at the hour of 3:13 P. M. the House stood ad-
Representatives do convene in joint session at said time journed until 11:00 o'clock A. M., Tuesday, April 15.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

TUESDAY, APRIL 15, 1941

The House was called to order by the Speaker at 11:00 Library; for the erection and furnishing of a suitable addi-
o'clock A. M. The roll was called and the following mem- tion to the Court Building erected in the year 1912, by a
bers answered to their names: special building commission; making an appropriation for
the same and otherwise relating to said purpose.
Mr. Speaker; Messrs. Acosta, Allen, Andrews, Bailey, Which was read the first time by its title and referred to
Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, Bryan,, the Committee on Appropriations.
Burks, Burwell, Butt, Carroll, Carswell, Cawthon, Chavous,
Clark, Clement (Pinellas), Clements (Columbia), Commander, By Mr. Peeples of Glades-
Cook, Crary, Croft, Dixon, Dowda, Driggers, Dugger, House Bill No. 160:
Dunham, Getzen, Graves, Gray, Harrell, Harris (Alachua),
Harris (Pinellas), a lie, Haolt, Horrll, Hr osford. A bill to be entitled An Act providing for the erection of
Inman, Jenkins, Johnson, Junkin, Lambe, Lane, Lanier, a monument on the County Courthouse grounds in Glades
Leaird, Leedy, Lonardy, Lewis, Lckie Mconald, McLane, County, Florida, to the memory of the people killed by the
Morrow, Murray, Overstreet, Peeples, Perry, Potter, Priest, 1926 hurricane; appropriating five hundred ($500.00) dollars
Riddles, Rivers, Rogers, Safford, Scales, Shafer, Shave, Shel- therefore from. Glade County's share of State racing taxes,
don, Shivers, Simpson, Slappey, Smith, Strayhorn, Stewart, and naming a committee to erect same.
Thomas, Toland, Turner, Vathis, Versaggi, Williams, Wise- Which Bill was read the first time by its title and had at-
heart, Wotitzky, Yaeger-89. tached to same when introduced in the House of Representa-
Excused-Mr. Hendry-1. tives, the following proof of publication, which was ordered
A quorum present. to be entered in full upon the Journal of the House of Rep-
resentatives:
The following prayer was offered by the Chaplain: A A PROOF O P ATON
Dear God in Heaven, help us to realize that: He who lets AFF PUBLICATION
his country die lets all things die-but he who saves his coun- STATE OF FLORIDA,
try saves himself, and saves all things, and those who live COUNTY OF GLADES.
after him will call him blessed. Grant, O God, that we shall Before me, the undersigned authority, personally appeared
not let our country die, but do our best to save our country Carr Settle, who, on oath, does solemnly swear that he has
during this critical period. In our Lord's name we pray. Amen. knowledge of the matters stated herein; that a notice
The reading of the Journal was dispensed with. stating the substance of a contemplated law or proposed bill
e J l of te H e of Rs for Monday, relating to special legislation affecting Glades County, the
The Journal of the House of Representatives for Monday erection of monument to hurricane victims has been pub-
April 14, was corrected and as corrected was approved. listed at least thirty (30) days prior to this date by being
INTRODUCTION OF HOUSE BILLS AND JOINT printed in the issue of March 7, 1941, of the Glades Co.
RESOLUTIONS Democrat, a newspaper published in Glades County, Florida,
Where the matter or thing to be affected by the contemplated
By Mr. Inman of Bradford- law is situate; that a copy of the notice that has been pub-
House Bill No. 156: lished, as aforesaid, and also this affidavit of proof of
A bill to be entitled An Act to regulate the practice of mas- publication are attached to the proposed bill or contemplated
sage and physiotherapy, to create and provide for the appoint- law, and such copy of the notice so attached is by reference
ment of a Board of Examiners to consist of practicing, licensed made a part of this affidavit.
physicians; to define the powers and duties of said board, and CARR SETTLE.
to provide a penalty for violation of the provisions of this Act. Sworn to and subscribed before me this 12th day of April,
Which was read the first time by its title and referred to the A. D., 1941.
Committee on Public Health. (Seal)
By Messrs. Leedy and Horrell of Orange- D. SWEET,
House Bill No. 157: Notary Public State of Florida at Large.
A bill to be entitled An Act to designate and establish cer- My Commission expires June 15, 1942.
tain roads in Orange County as state roads. And the House of Representatives thereupon determined
Which was read the first time by its title and referred to the that the notice and evidence thereof required by Section 21
Committee on Public Roads & Highways. of Article III of the Constitution, has been established in this
Legislature.
By Messrs. Chavous of Dixie, Croft of Lafayette- House Bill No. 160 was placed on the Calendar of Local
House Bill No. 158: Bills on Second Reading.
A bill to be entitled An Act creating a State Welfare Board B raves of Indian River-
and providing for their appointment, qualification, duties By Mr. Graves of Indian River-
and compensations, of said State Board; providing that said House Bill No. 161:
Board shall be the agent of the United States, County and A bill to be entitled An Act for the relief of Homer Smith
Municipal Governments in the administration of funds for and his son, Clinton Smith, by reason of the sustaining of
the benefits of the aged, blind and dependent children, au- permanent injuries to Clinton Smith, a minor, as a result of
thorizing the State Welfare Board to promulgate rules and lcing struck by a truck owned and operated by the State
regulations necessary to carry out the purposes of this Act. Road Department of Florida.
providing that no rules or regulations shall be promulgated Which was read the first time by its title and referred to
except as provided in the 74th United States Congress, First the Committee on Claims.
Session, H. R. 7260, Titles 1, 4, and 10 and provided, how-
ever, nothing in this Act shall be construed to limit, abro- By Messrs. Bennett, Luckie and Acosta of Duval-
gate or abridge the powers and duties of Florida Crippled House Bill No. 162:
Children Commission or the County Welfare Board, or any A bill to be entitled An Act repealing Chapter 19247, Laws
Acts already in force by any State agencies. of Florida, Acts of 1939, entitled "An Act providing for the
Which was read the first time by its title and referred to voluntary resignation and retirement of elective officers of
the Committee on Public Welfare. cities and villages under certain conditions with pay."
By Committee on Judiciary "A"- Which was read the first time by its title and referred to
House Bill No. 159" the Committee on Cities and Towns.
A bill to be entitled An Act to provide necessary facilities By Messrs. Luckie and Bennett of Duval; Overstreet and
for the Supreme Court, Railroad Commission and Law Holt of Dade; Safford, Shafer and Murray of Polk: McLane
52

April 15, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 53

and Helie of Escambia; Gillespie of Volusia; Cawthon of Leon; to be entered in full upon the Journal of the House of Rep-
Jenkins of Alachua; Thomas of Lake; Perry of Sarasota, and resentatives:
Horrell of Orange-
Horrell of OrangeAFFIDAVIT OF PROOF OF PUBLICATION
House Bill No. 163: STATE OF FLORIDA,
A bill to be entitled An Act providing for and adopting a COUNTY OF DUVAL.
State Administered Probation and Parole System for the State Before me, the undersigned authority, personally appeared
of Florida; creating and establishing a Parole Commission J. G Permenter, who, on oath, does solemnly swear that he
and conferring and defining its duties, powers, and functions, has knowledge of the matters stated herein; that a notice
including the power to make rules and regulations and the stating the substance of a contemplated law or proposed bil
supervision of persons placed upon probation; providing for relating to An Act repealing An Act creating City Registration
the method of appointment and removal of the members of to be presented in the Florida Legislature, has been published
the Parole Commission, its clerks and employees, regulating at least thirty (30) days prior to this date by being printed
their compensation, and prohibiting their engaging in certain in the issue of January 25, 1941, of the Legal News, a news-
activities; providing for the purchase of supplies and materials paper published in Duval County, Florida, where the matter
and for the allowance of necessary travelling and other ex- or thing to be affected by the contemplated law is situate
pense; providing for the placing on parole of persons in cer- that a copy of the notice that has been published, as aforesaid
tain cases, their discharge from parole, their rearrest with and and also this affidavit of proof of publication are attached to
without a warrant for violation of the terms and conditions the proposed bill or contemplated law and such copy of the
of parole; providing for hearings on charges of violation of notice so attached is by reference made a part of this affi-
the terms and conditions of parole, and reimprisonment be- davit.
cause of such violation; providing for the recommendation by
the Parole Commission to the Board of Pardons for the ex- J. G. PERMENTER.
tension of clemency to deserving persons; authorizing finan- Sworn to and subscribed before me this 25th day of January,
cial aid to indigent parolees at the time of their release; pro- A. D., 1941.
viding for the cooperation of certain public officers and agen- (Seal)
cies with the Parole Commission; authorizing and regulating LOIS RAYE,
the use by the Courts of probation and suspension of imposi- Notary Public of Florida at Large.
tion of sentence; excepting certain courts and correctional
institutions from the operation of this Act, and authorizing My Commission expires October 2nd, A. D., 1942.
the preservation of probation officers now serving under any And the House of Representatives thereupon determined
previous law; and making an appropriation for carrying into that the notice and evidence thereof required by Section 21
effect the provisions of this Act; fixing an effective date there- of Article III of the Constitution, has been established in this
of and repealing all laws and parts of laws in conflict herewith. Legislature.
Which was read the first time by its title and referred to House Bill No. 165 was placed on the Calendar of Local Bills
the Committee on Judiciary "A." on Second Reading.
By Mr. Beck of Palm Beach- By Mr. Luckie of Duval-
House Joint Resolution No. 164: House Bill No. 166:
A Joint Resolution proposing an Amendment to Article VIII A bill to be entitled An Act providing that all sugar offered
of the Constitution of Florida adding thereto an additional for sale, re-sale or delivery direct to the consumer shall be
Section permitting the Governing Body of a Municipality to packed at the refinery or factory in sealed, sanitary packages
divide a municipality into Special Assessment Districts and to or containers; designating the Commissioner of Agriculture
allow issue of bonds and/or assessment certificates under cer- to enforce this Act, and providing a penalty for a violation of
tain conditions. the provisions hereof.
BE IT RESOLVED BY THE LEGISLATURE OF THE Which was read the first time by its title and referred to
STATE OF FLORIDA: the Committee on Public Health.
Section 1. That the following amendment to Article VIII By Mr. Bonifay of Santa Rosa-
of the Constitution of the State of Florida relating to counties House Bill No. 167:
and cities by adding thereto an additional Section to be known
as Section 11 of Article VIII, specifically applicable to powers A bill to be entitled An Act to amend Section 1, Chapter
of municipalities, is hereby agreed to and shall be submitted 17917, Laws of Florida, Acts of 1937, being An Act entitled-
to the Electors of the State of Florida for ratification or re- "An Act relating to the salt water fishing in the State of
jection at the next general election to be held in 1942, as Florida in tidal waters and other territorial waters of the
follows: State of Florida and providing a license tax on all boats, ves-
"Section 11. The governing body of any municipality may sels, schooners or launches operating and/or plying in the
divide any municipality into Special Assessment Districts tidal and salt waters or other waters under the control of
under the following conditions: the State Board of Conservation of the State of Florida, and
(a) To build, repair, or improve, streets, sidewalks water providing an additional tax on aliens or non-residents who
mainsse sewage svste^ dram stm andst own such boats, vessels, schooners or launches, and defining
mains, sewage systems, drainage systems, and storm sewer such aliens or non-residents, and providing penalties for vio-
(b) To establish parks and play grounds. nation of same, by exempting certain boats and individuals
Said improvements or any one of them, shall be considered from the application of said law.
as special benefits, and upon a majority vote of the registered Which was read the first time by its title and referred to
voters, who are freeholders residing within said special as- the Committee on Conservation.
sessment district, the municipality may issue bonds, and/or
special assessment certificates, payable from revenue or spe- By Messrs. Leedy and Horrell of Orange-
cial assessment tax collections from said special assessment House Bill No. 168:
district only to cover the cost thereof."
Which was read the first time in full and referred to the A bill to be entitled An Act authorizing the municipalities
Committee on Constitutional Amendments. of the State of Florida to acquire airports, and air rights
and easements by purchase or condemnation, in connection
By Messrs. Luckie, Acosta and Bennett of Duval- with the use and operation of airports and to authorize the
House Bill No. 165: adoption and enforcement of zoning and height regulations
in connection with such airports and approaches to the
A bill to be entitled An Act repealing Chapter 19909, Laws same. authorizing acquirements of easements or rights to
of Florida, 1939, entitled, "An Act affecting the government establish lights and markers; granting authority to cancel
of the City of Jacksonville and creating the office of Muni- certain taxes of such municipality on lands and rights acquired
cipal Registration Officer; providing for his appointment, com- for aeronautical purposes; providing the method for taking
pensation and duties, and providing for the registration of possession of such lands and rights during condemnation;
the qualified electors of said city and amending the charter granting power to cooperate with other governmental agencies;
of the City of Jacksonville so as to comply herewith." granting power to police airports and rights connected there-
Which Bill was read the first time by its title and had at- with.
tached to same when introduced in the House of Representa- Which was read the first time by its title and referred to
tives, the following proof of publication, which was ordered the Committee on Aviation.

54 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 15, 1941

By Mr. Lewis of Gulf- By Mr. Beck of Palm Beach-
House Joint Resolution No. 169: House Bill No. 173:
Proposing an amendment to the Constitution of the State A bill to be entitled An Act for the relief of W. E. Eaton
of Florida to be known as Section 3 of Article XVII, relating and authorizing the State Road Department to pay the said
to amendments. W. E. Eaton for damages sustained by him on account of a
SSAtate Road Department truck backing into his car.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDAWhich was read the first time by its title and referred to
That the following amendment, to be known as Section
3 of Article XVII of the present Constitution be and the By Mr. Slappey of Gadsden-
same is hereby agreed to and shall be submitted to the House Bill No. 174:
electors of the State at the general election of Representa- A bill to be entitled An Act to amend Section 6 relating to
tives to be held in the year A. D. 1942, to-wit: reports and supervision, Section 7 relating to fiscal year and
Section 3. If at any regular or special extra session, the annual meetings, and Section 17 relating to reserves, of Chap-
Legislature, by vote of two-thirds of all members elected to ter 14499, Acts of 1929, Laws of Florida, relating to the opera-
each House, shall determine that an emergency requiring tion, regulation and supervision of credit unions.
an early decision by the electors of the State exists, an Which was read the fist time by its title and refer t
amendment to this Constitution dealing with the subject th Committee on Banks & Loans.
matter of such emergency may be proposed, and if the pro-
posed amendment be agreed to by a two-thirds vote of all By Mr. Carroll of Osceola-
the members elected to each House, the same shall be H .
entered upon their respective journals with the yeas and House Bill No. 175
nays thereon. Thereupon, at the same session, the Legis- A bill to be entitled An Act appropriating annually five
lature shall provide for a special election to be held not hundred ($500.00) dollars out of the General Revenue Funds
less than thirty nor more than sixty days after adjournment of the State Treasury for defraying the expenses of the annual
and for publication of notice thereof, at which special elec- convention of United Spanish War Veterans, Department of
tion the proposed amendment shall be submitted to the Florida.
electors of the State for approval or rejection; provided, that Which was read the first time by its title and referred to
if a general election of Representatives is to occur within the Committee on Appropriations.
said period, such amendment shall be submitted to the elec-
tors at such general election. If a majority of the electors By Mr. Burks of Pasco-
voting upon the proposed amendment shall adopt the amend- House Bill No. 176:
ment, the same shall become a part of this Constitution. A bill to be entitled An Act "Regulating and restricting the
This amendment shall not be held to supersede or in any- sale of wine and vinous spirits and vinous liquors for sacra-
wise affect any existing provision of the Constitution relat- mental or religious purposes; providing for the issuance of
ing to amendments, but shall be regarded as an additional permits for such sale by the Beverage Commission of the
method of amendment thereto. State of Florida upon payment of a fee therefore, exempting
Which was read the first time in full and referred to such wine or vinous spirits or vinous liquors and the sale
the Committee on Constitutional Ameidments. thereof from all other regulations, restrictions and taxation
relating to the sale and distribution of wine, vinous spirits
By Mr. Allen of Levy- or vinous liquors imposed by the Laws of the State of Florida,
House Bill No. 170: repealing all laws or parts of laws in conflict herewith, and
A bill to be entitled An Act to amend Section 1012, Revised providing that this Act shall take effect immediately upon
General Statutes, as amended by Chapter 8410, Laws of its becoming law."
Florida, Acts of 1921, and by Chapter 10182, Laws of Florida, Which was read the first time by its title and referred to
Acts of 1925, being Section 1286, Compiled General Laws of the Committee on Temperance.
Florida, 1927, as amended by Chapter 16085, Laws of Florida,
Acts of 1933, Section 4 thereof, relating to licensing and By Messrs. Luckie, Acosta and Bennett of Duval-
taxing of motor vehicles. House Bill No. 177:
Which was read the first time by its title and referred to A bill to be entitled An Act to repeal Chapter 19215, Laws
the Committee on Motor Vehicles & Carriers. of Florida, Acts of 1939, entitled: "An Act creating a Court
By Mesr. Shivers of Washington Clark of Calhoun, Baiey of Crimes in Duval County, Florida; prescribing the juris-
of Bay, Gray of Bay, Commander of Holmesark of Calhoun, Bailey diction of said Court and the terms thereof; providing for
of Bay, Gray o Bay, Commande of Holmes-the appointment of a judge for said Court and a prosecuting
House Bill No. 171: attorney for the same; fixing their respective compensation
A bill to be entitled An Act for the relief of R. E. Minchin. and terms of office; providing that the clerk of the Civil and
Which was read the first time by its title and referred to Criminal Courts of Record of Duval County, Florida, shall
the Committee on Claims. be the clerk of said Court and that the sheriff of Duval
County, Florida, shall be the executive officer thereof; pro-
By Messrs. Leedy and Horrell of Orange- viding for a review of cases from said Court by the Circuit
House Bill No. 172: Court of Duval County, Florida, and the Supreme Court of
A bill to be entitled An Act to amend An Act entitled "An Florida; providing for a stenographer for the prosecuting
Act granting to the several counties of Florida the right to attorney of said Court; authorizing and directing the Board
acquire airports and declaring the acquirement and operation of County Commissioners of Duval County, Florida, to fur-
of airports to be a public and county purpose; granting power nish quarters for said Court; and generally to provide a
to the several counties of Florida to acquire private property forum for the speedy trial of persons charged with mis-
for aeronautical purposes by eminent domain: declaring man- demeanors"; to abolish the Court of Crimes in and for
ner of paying for such property; granting authority to equip Duval County and providing for the transfer of all cases
and improve airports and to operate them and establish fees pending in said Court upon this Act becoming effective.
arid charges and to lease such ports or portions thereof; de- Which Bill was read the first time by its title and had at-
claring manner of raising and expending funds for airport tached to same when introduced in the House of Representa-
operations; granting authority to acquire air rights, to acquire tives, the following proof of publication, which was ordered
air rights, to zone and regulate height of buildings and struc- to be entered in full upon the Journal of the House of Rep-
tures affecting air travel; to acquire easements for marking resentatives:
purposes, to police airports and to cancel lien of taxes on land
so acquired and to validate certain acts. Now Chapter 17708, AFFIDAVIT OF PROOF OF PUBLICATION
Laws of 1937, by amending Section 3, of said Chapter to per- STATE OF FLORIDA,
mit the condemnation for aeronautical purposes by counties COUNTY OF DUVAL.
to be performed in the same manner as provided for condem- Before me, the undersigned authority, personally appeared
nation for highway purposes, and to permit counties to make J. M. Elliott, who, on oath, does solemnly swear that he has
preliminary entry upon lands to be condemned for purposes knowledge of the matters stated herein; that a notice stating
of making necessary examinations and surveys, the substance of a contemplated law or proposed bill relating
Which was read the first time by its title and referred to to an act repealing an act creating the Court of Crimes for
the Committee on Aviation. Duval County, Florida, to be presented in the Florida Legis-

April 15, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 55

lature has been published at least thirty (30) days prior to By Mr. Bennett of Duval-
this date by being printed in the issue of March 7, 1941, of House Bill No. 186:
the Florida Times-Union, a newspaper published in Duval
County, Florida, where the matter or thing to be affected A bill to be entitled An Act to declare, designate and estab-
by the contemplated law is situate; that a copy of the notice lish a certain State road in Duval County, Florida.
that has been published, as aforesaid, and also this affidavit Which was read the first time by its title and referred to
of proof of publication are attached to the proposed bill or the Committee on Public Roads and Highways.
contemplated law, and such copy of the notice so attached B Mr nn -
is by reference made a part of this affidavit. By Mr. Bennett of Duval-
J. M. ELLIOTT. House Bill No. 187:
Sworn to and subscribed before me this 7th day of April, A bill to be entitled An Act to declare, designate and estab-
A. D., 1941. lish a certain State road in Duval County, Florida.
(Seal) Which was read the first time by its title and referred to
W. G. WARNELL, JR., the Committee on Public Roads and Highways.
Notary Public State of Florida at Large.
My Commission expires July 15, 1944. By Mr Be of Duval-
And the House of Representatives thereupon determined House Bill No. 188:
that the notice and evidence thereof required by Section 21 A bill to be entitled An Act to declare, designate and estab-
of Article III of the Constitution, has been established in this lish a certain State road in Duval County, Florida.
Legislature. Which was read the first time by its title and referred to
House Bill No. 177 was placed on the Calendar of Local the Committee on Public Roads and Highways.
Bills on Second Reading.
By Mr. Bennett of Duval-
By Messrs. Burks of Pasco, and Lanier of Highlands- House Bill No. 189:
House Bill No. 178: A bill to be entitled An Act amending the Florida Work-
A bill to be entitled An Act fixing the fees and taxes to be men's Compensation Act as amended so as to provide for
collected by the Motor Vehicle Commissioner upon the regis- including the insurance carrier as a party to the proceedings
tration or re-registration of automobiles for private use, and taken or any claim and so as to provide for the allowance
repealing all laws or parts of laws in conflict herewith and to a successful claimant his reasonable costs and attorney's
providing when this Act shall take effect, fee incurred in the prosecution and enforcement of his claim.
Which was read the first time by its title and referred to Which was read the first time by its title and referred to
the Committee on Finance and Taxation. the Committee on Labor.
By Mr. Bennett of Duval- By Messrs. McDonald, Sheldon and Toland of Hillsborough-
House Bill No. 179: House Bill No. 190:
A bill to be entitled An Act to declare, designate and estab- A bill to be entitled A Act to amend Chapter 16085,
lish a certain State road in Duval County, Florida. Florida, Acts of 1933, entitled "An Act to amend Sectior 16085, Laws o
Florida, Acts of 1933, entitled "An Act to amend Section 1007,
Which was read the first time by its title and referred to Revised General Statutes, as amended by Chapter 8410, Laws
the Committee on Public Roads and Highways. of Florida, Acts of 1921, and by Chapter 10182, Laws of Florida,
"By Mr. Bennett of Duval- Acts of 1925, being Section 1281, Compiled General Laws of
use Bil N 180 Florida, 1927, as amended by Chapter 15625, Laws of Florida,
House Bill No. 180: Acts of 1931; and to amend Section 1010, Revised General
A bill to be entitled An Act to declare, designate and estab- Statutes, being Section 1284, Compiled General Laws of Flor-
lish a certain State road in Duval County, Florida. ida, 1927, as amended by Chapter 15625, Laws of Florida,
Which was read the first time by its title and referred to Acts of 1931; to amend Section 1011, Revised General
the Committee on Public Roads and Highways. Statutes, as amended by Chapter 8410, Laws of Florida, Acts
of 1921, and by Chapter 10182, Laws of Florida, Acts of 1925,
By Mr. Bennett of Duval- being Section 1285, Compiled General Laws of Florida, 1927,
House Bill No. 181: as amended by Chapter 15625, Laws of Florida, Acts of 1931;
A bill to be entitled An Act to declare, designate and estab- and to amend Section 1012, Revised General Statutes, as
lish a certain State road in Duval County, Florida. amended by Chapter 8410, Laws of Florida, Acts of 1921, and
s rd te ft te by is t a r t by Chapter 10182, Laws of Florida, Acts of 1925, being Sec-
Which was read the first time by its title and referred to tion 1286, Compiled General Laws of Florida, 1927, and to
the Committee on Public Roads and Highways. amend Chapter 14656, Acts of 1931, all of said sections re-
By Mr. Bennett of Duval- lating to the operation, licensing and taxing of motor vehicles,
trailers, semi-trailers and motorcycle sidecars and providing
House Bill No. 182: penalties for the violation thereof" by amending paragraph
A bill to be entitled An Act to declare, designate and estab- (12) of Section 3 relating to exemption.
lish a certain State road in Duval County, Florida. Which was read the first time by its title and referred to
Which was read the first time by its title and referred to the Committee on Motor Vehicles and Carriers.
the Committee on Public Roads and Highways.
By Mr. Holt of Dade--
By Mr. Bennett of Duval- House Bill No. 191:
House Bill No. 183: A bill to be entitled An Act to amend Section 2696, of
A bill to be entitled An Act to declare, designate and estab- the Revised General Statutes of Florida, 1920, as amended
lish a certain State road in Duval County, Florida. by Chapter 9364, Laws of Florida, Acts of 1923, and as
Which was read the first time by its title and referred to amended by Chapter 10163, Laws of Florida, Acts of 1925.
the Committee on Public Roads and Highways. being the same as Section 4363, of the Compiled General
Laws of Florida, 1927, relating to charges to juries and
By Mr. Bennett of Duval- direction of verdicts by the court; and repealing all laws
House Bill No. 184: or parts of laws in conflict with this Act.
A bill to be entitled An Act to declare, designate and estab- WbMch was read the first time by its title and referred to
lish a certain State road in Duval County, Florida. the Committee on Judiciary "A."
Which was read the first time by its title and referred to
the Committee on Public Roads and Highways. By Mr. Holt of Dade-
By Mr. Bennett of Duval- House Bill No. 192:
House Bill No. 185: A bill to be entitled An Act requiring notice to defendants
A bill to be entitled An Act to declare, designate and estab- of levies of execution on real estate prescribing the mode
lish a certain State road in Duval County, Florida. thereof and the effect of failure to give notice.
Which was read the first time by its title and referred to Which was read the first time by its title and referred to
the Committee on Public Roads and Highways. the Committee on Judiciary "A."

56 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 15, 1941

COMMITTEE REPORTS Which amendment reads as follows:
April 14, 1941. Amendment 1:
Mr. Holt, Chairman of the Committee on Judiciary "A", re- Section 2 (a) shall be added, and shall read as follows:
ported that the Committee had considered the following bill, "SECTION 2 (a) The provisions of this Act, however, shall
and recommended that it pass: not be construed as in any wise affecting the provisions of
House Bill No. 72: law concerning the publication of delinquent tax lists.
A bill to be entitled An Act to remove from the titles to Committee vote was as follows:
real estate the clouds of unperformed contracts of record. Y eaMes Cawthon D Gves Helie,
Yeas-Messrs. Cawthon, Dunhan, Graves, Helie, Perry,
Committee vote was as follows: Crary, Morrow, Thomas, Wotitzky.
Yeas-Messrs. Holt, Clement, Harrell, Johnson, Junkin, Nays-None.
Luckie, McLane, Morrow, Sheldon. Very respectfully,
Nays--None. LEO WOTITZKY,
Absent-Messrs. Butt, Lewis, Leaird. .Vice-Chairman of Committee.
Very respectfully, And House Bill No. 102, contained in the above report, to-
GEORGE E. HOLT, gether with Committee Amendment thereto, was placed on
Chairman of Committee. the Calendar of Bills on second reading.
And House Bill No. 72, contained in the above report, was April 15, 1941.
placed on the Calendar of Bills on second reading. Mr. Harris, Chairman of the Committee on Agriculture,
April 14, 1941. reported that the Committee had carefully considered the
Mr. Holt, Chairman of the Com e following bill and recommends that it do pass with com-
Mr. Holt, Chairman of the Commitltee on Judiciary "A", mittee amendment:
reported that the Committee had considered the following bill,
and recommended that it pass: House Bill No. 27:
House Bill No. 32: A bill to be entitled An Act to regulate the labeling, trans-
portation, sale, and offering for sale, of agricultural and vege-
A bill to be entitled An Act to repeal Sections 1425 to 1442 table seeds; to prevent misrepresentations thereof; providing
inclusive of the Revised General Statutes of Florida, 1920, for the enforcement hereof and repealing Chapter 19364, Laws
being Sections 2079 to 2096 inclusive of the Compiled General of Florida, Acts of 1939, and all laws in conflict herewith.
Laws of Florida, 1927, and being Chapter 7292, Laws of Flor-
ida, Acts of the 1917 session of the Legislature, entitled, "An Which amendment reads as follows:
Act to provide for the organization, equipment and mainten- Amendment No 1:
ance of county guards, to prescribe its powers, duties and Amt N.
regulations, to provide for its maintenance, its terms of ser- In section four sub-section A, after the words "it shall
vice, and prescribing the duties of the County Commissioners be unlawful for any person to" insert the word "knowingly"
in relation thereto." before the word "transport."
Committee vote was as follows: Committee vote was as follows:
Yeas-Messrs. Holt, Butt, Clement, Harrell, Johnson, Junkin, Yeas-Messrs. Harris of Alachua, Commander, Andrews,
Lewis, Luckie, McLane, Sheldon. Brackin, Bryan, Cawthon, Clark, Clements, Croft, Davis, Drig-
Nays-None. gers, Helie, Inman, Lambe, McDonald, Simpson, Wiseheart.
Absent-Messrs. Morrow, Leaird. Nays-None.
Very respectfully, Absent-Messrs. Ayers, Hendry, Strayhorn.
GEORGE E. HOLT, Very respectfully,
Chairman of Committee. J. C. "JAP" HARRIS,
CChairman of Committee.
And House Bill No. 32, contained in the above report, was Chairman of Committee.
placed on the Calendar of Bills on second reading. And House Bill No. 27, contained in the above report,
together with Committee Amendment thereto, was placed on
April 14, 1941. the Calendar of Bills on second reading.
Mr. Holt, Chairman of the Committee on Judiciary "A", April 15, 1941
reported that the Committee had considered the following r. Holt, Chairman of the Committee on Judiciary "A", e-
bill, and recommended that it pass: ported that the Committee had carefully considered the fol-
House Bill No. 43: lowing bill and recommends that it do not pass:
A Bill to be entitled An Act to repeal Chapter 17274, Laws House Bill No. 20:
of Florida, Acts of 1935 relating to the retirement of state A bill to be entitled An Act to repeal Chapter 9278, Laws
officials and state employees under certain conditions, with of Florida, Acts of 1923, and to amend Chapter 17086, Laws
pay. of Florida, Acts of 1935, relating to the voluntary resigna-
Committee vote was as follows: tion and retirement of justices of the Supreme Court under
Yeas-Messrs. Clement, Harrell, Johnson, Junkin, Lewis, certain conditions with pay.
Luckie, McLane, Morrow. Committee vote was as follows:
Nays-Messrs. Holt, Sheldon. Yeas-Messrs. Harrell and Lewis.
Absent-Messrs. Leaird and Butt. Nays-Messrs. Holt, Clement, Johnson, Junkin, Luckie, Mc-
Very respectfully, Lane, Morrow, Sheldon.
GEORGE E. HOLT, Absent-Messrs. Leaird and Butt.
Chairman of Committee. Very respectfully,
And House Bill No. 43, contained in the above report, was GEORGE E. HOLT,
placed on the Calendar of Bills on second reading. Chairman of Committee.
"April 14, 1941. And House Bill No. 20, contained in the above report, was
Mr. Wotitzky, Vice-Chairman of the Committee on Public laid on the table under the rules.
Printing, reported that the Committee had carefully consider- April 15, 1941.
ed the following bill and recommends that it do p-:. with Mr. Holt, Chairman of the Committee on Judiciary "A",
Committee amendment: reported that the Committee had carefully considered the
House Bill No. 102: following bill and recommends that it do not pass:
A bill to be entitled An Act relating to the publicati n of House Bill No. 37:
official public notices and legal advertisements and the A bill to be entitled An Act to repeal Chapter 18002, Laws
amounts to be charged therefore: amending section 2944 of the of Florida. Acts of 1937, and to amend Section 5595, Re-
Revised General Statutes of Florida of 1920, being the same as vised General Statutes of Florida, 1920, the same being
Section 3 of Chapter 3022, Laws of Florida, Acts of 1877, as Section 8289, Compiled General Laws of Florida, 1927, and
amended by Section 1 of Chapter 12215, Laws of Florida, Acts to reestablish the laws fixing and prescribing the power and
of 1927, being the same as Section 4668 of the Compiled Gen- jurisdiction of Justices of the Peace to try and determine
eral Laws of Florida, 1927. misdemeanor cases committed in their respective districts.

April 15, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 57

Committee vote was as follows: Burwell, Butt, Carroll, Carswell, Chavous, Clark, Clement
Yeas-Mr. Clement. (Pinellas), Clements (Columbia), Commander, Crary, Croft,
Nays-Messrs. Holt, Harrell, Johnson, Junkin, Lewis, Luckie, Davis, Dixon, Dowda, Driggers, Dugger, Dunham, Getzen,
McLain, Morrow, Sheldon. Graves, Gray, Harris (Alachua), Harris (Pinellas), Hatch,
Absent-Messrs. Leaird and Butt. Helie, Hendry, Holt, Hosford, Inman, Jenkins, Johnson,
Very respectfully, Junkin, Lambe, Lane, Lanier, Leaird, Leonardy, Littlefield,
SGEORGE E. HOLT, Luckie, McDonald, Middleton, Morrow, Murray, Overstreet,
Chairman of Committee. Peeples, Perry, Potter, Priest, Rivers, Rogers, Scales, Shave,
Sheldon, Shivers, Simpson, Slappey, Smith, Strayhorn,
And House Bill No. 37. contained in the above report, was Stewart, Thomas, Toland, Turner, Vathis, Versaggi, Wil-
laid on the table under the rules. liams, Wiseheart, Wotitzky, Yaeger-82.
Mr. Sheldon asked unanimous consent of the House to Nays-None.
now take up and consider the report of the Committee on So House Memorial No. 2 passed, title as stated.
Rules and Calendar which had been set as a special and M B m t t r b
continuing order of business for 12:00 o'clock Noon. Mr. Bryan moved that the rules be waived and House
Which s i b f Memorial No. 2 be immediately certified to the Senate.
Which was given.
The report of the Committee on Rules and Calendar was Which was agreed to by a two-thirds vote.
then taken up. And the same was ordered immediately certified to the
Senate.
Amendment No. 1:
Mr. Simpson of Jefferson offered the following amendment MESSAGES FROM THE SENATE
to the report of the Committee on Rules land Calendar. The following message from the Senate was received and
In Rule 46, strike out the first sentence and insert the read:
following in lieu thereof: Senate Chamber,
Tallahassee, Florida, April 15, 1941.
"All House Bills and Memorials shall be introduced in T
quadruplicate. Five copies of all House Resolutions, House Honorable Dan McCarty,
Concurrent Resolutions and House Joint Resolutions shall Speaker of the House of Representatives,
be introduced. Sir:
I am directed by the Senate to inform the House of
Mr. Simpson moved the adoption of the amendment. Representatives that the Senate has adopted-
Which was agreed to. By Senators Cooley, Shepherd, Parker, ,McKenzie and
And the amendment was adopted.Graham-
Amendment No. 2: Senate Concurrent Resolution No. 3:
Mr. Burks of Pasco offered the following amendment to WHEREAS, by military and economic oppression and vio-
the Report of the Committee on Rules and Calendar: lence of autocratic powers, practically every nation of the Old
In Rule 26, line 2, strike out the number 25 and insert the World has either been unmercifully besieged and their govern-
following in lieu thereof: 14. ments dismembered or are now facing an unrelentless attack
Mr. Burks moved the adoption of the amendment. by an uncompromising tyranny such as the world has never
Pending consideration thereof. known; and,
WHEREAS, this subversive and destructive philosophy of
Mr. Carroll moved that the amendment be laid on the government has not only destroyed and threatens destruction
table. to the democracy of the Old World, but the safety and secu-
A roll call was demanded. rity of the democracy of the Western Hemisphere; and,
When the vote was taken on the motion by Mr. Carroll WHEREAS, the President and Congress of the United States
to lay the amendment by Mr. Burks on the table the result have long since taken cognizance of the urgency of this peri-
was: lous situation, and Congress has, by appropriate legislation,
Yeas-Mr. Speaker; Messrs. Acosta, Bailey, Beck, Bennett, put into motion the machinery, not only to build adequate
Bonifay, Boyd, Brackin, Brady, Bryan, Burwell, Butt, Carroll, defense for the safety and security of our nation, but for a
Bonifayrswell, Backiwthon, BradyClement (Pinellas)Brya, CommanderBurwell, Butt, Carrollok, total effort for total victory for democracy throughout the
Crary, Croft, Davis, Dowda, Driggers, Graves, Gray, Harris world; and,
(Alachua), Harris (Pinellas), Helie, Hendry, Holt, Horrell, WHEREAS, the President of the United States in the course
Hosford, Inman, Jenkins, Johnson, Junkin, Lane, Lanier, of his functions as Chief Executive and as Commander-in-
Leaird, Leedy, Lewis, Littlefield, Luckie, McLane, Middleton, Chief of our army, navy and air corps, has issued to all
Morrow, Murray, Overstreet, Peeples, Perry, Potter, Rogers, Americans a call to the colors for national unity, a will to
Safford, Shafer, Shave, Sheldon, Simpson, Slappey, Strayhorn, sacrifice in whatever position we hold in our national life,
Thomas, Vathis, Versaggi, Wiseheart, Wotitzky, Yaeger-65. and an urgent plea to labor as well as business manage-
Nays-Messrs. Allen, Andrews, Best, Burks, Chavous, ment and ownership to sacrifice for national defense, not
Clements (Columbia), Dixon, Dugger, Dunham, Getzen, Gilles- in the tempo of business as usual or normalcy, but longer
pie, Hatch, Lambe, Leonardy, McDonald, Priest, Riddles, hours and greater production, to meet the extreme serious-
Scales, Shivers, Smith, Stewart, Toland, Turner, Williams-24. ness of the present situation confronting our very national
The motion was agreed to and Amendment No. 2 was laid liberty; and,
on the table. WHEREAS, the State of Florida, on account of its geo-
The previous question having been called for-- graphic and strategic situation has been placed in one of
the few defense areas of the nation, and must play a most
The question then recurred on the adoption of the report vital part in national and hemispheric defense, it being the
of the Committee on Rules and Calendar, as amended, spearhead of air defense and the operations base for our
The motion was agreed to. aerial defenders, and that an enormous amount of national
The report of the Committee on Rules and Calendar, as defense construction and training is being conducted within
amended, was adopted. the confines of the State of Florida; and,
WHEREAS, the Legislature of the State of Florida is fully
UNFINISHED BUSINESS aware of the great need for national unity and the responsi-
House Memorial No. 2: ability for sacrifice on the part of the state government, all the
A Memorial to the Congress of the United States of America, people of our state, whether officials or private citizens, and
petitioning the immediate passage of the General Welfare the urgency for full speed ahead in united cooperation for
Act now pending before Congress and known and designated adequate national preparedness; and,
as House Resolution No. 1410. WHEREAS, the State Legislature acknowledges with grati-
Pending on roll call, was taken up. tude and commendation the fine response with which the
State government and the people of Florida are cooperating
When the vote was taken on the passage of House with the Federal Government in the National Defense Pro-
Memorial No. 2, the result was. gram that this nation be adequately re-armed at the earliest
Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Bailey, possible moment, but it is also cognizant of the fact that a
Beck, Best, Bonifay, Boyd, Brackin, Brady, Bryan, Burks, more urgent responsibility lies ahead for a greater adherence

58 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 15, 1941

to national will, a greater conformity to national unity and a Mr. Cawthon moved the adoption of Senate Concurrent
greater public and private sacrifice for national safety and Resolution No. 4.
security; and, Which was agreed to.
WHEREAS, it is the desire of the members of the legislature And Senate Concurrent Resolution No. 4 was adopted.
of the State of Florida to fully assist further the national And the action of the House was ordered certified to the
government in the more aggressive prosecution of the Na- Senate
tional Defense Program, especially in view of the increasing
urgency of the responsibility of world democracy to speed The following message from the Senate was received and
ahead to insure total victory; and to lend every possible read:
facility of the state government to the total and complete Senate Chamber,
execution of adequate preparedness; Honorable Dan McCarty, Tallahassee, Florida, April 15, 1941.
Honorable Dan McCarty;
BE IT RESOLVED BY THE SENATE OF THE STATE OF Speaker of the House of Representatives,
FLORIDA, THE HOUSE OF REPRESENTATIVES CON- Sir:
CURRING: I am directed by the Senate to inform the House of
That the Legislature of the State of Florida most heartily Representatives that the Senate has adopted-
endorses the great defense program inaugurated by Congress, And the action of the House was ordered certified to the
which is being prosecuted under the fine leadership of our Senate.
great President and the defense machinery which now in
full speed ahead, and commends the Governor, Hon. Spessard By Senator Collins-
L. Holland, and each and every of the citizens of the State of Senate Concurrent Resolution No. 5:
Florida for their unity of will, loyalty, devotion and coopera- A Concurrent Resolution relating to the appointment of a
tion that they have shown in lending their aid to this pro- Special Joint Committee to study the revision, compilation,
gram; and call upon the state government in all of its and consolidation of all the General Statutes of Florida pre-
branches and agencies and upon all citizens of Florida to pared by the Attorney General pursuant to Chapter 19140,
continue a more aggressive assistance and example, in loyalty Laws of Florida, Acts of 1939.
to a total effort for a total completion of our defense pro- And respectful requests the concurrence of 'the House
gram. The Legislature further commends and urges the therein.
citizens of the State of Florida for a more loyal will to work
and sacrifice, a greater integrity for national unity and a Very respectfully,
more devout awakening to the importance of total and ROBT. W. DAVIS,
complete national defense and a total victory for democracy; Secretary of the Senate.
and the Legislature pledges itself to do everything within And Senate Concurrent Resolution No. 5 contained in the
the scope of its power to lend the facilities of the State above message was read the first time in full.
Government to said program. Mr. McLane asked unanimous consent of the House to take
BE IT FURTHER RESOLVED that a copy of this resolution up and consider Senate Concurrent Resolution No. 5.
be sent to the President of the United States, to the Secretary Which was given.
of War of the United States, to the Secretary of the Navy of
the United, to the Chief of the Air Corps of the United Mr. McLane moved that the rules be waived and Senate
States, to the Governor of the State of Florida, to the Secre- Concurrent Resolution No. 5 be read a second time in full.
tary of State of the State of Florida and each of the United Which was agreed to by a two-thirds vote.
States Senators and Congressmen from the State of Florida. And Senate Concurrent Resolution No. 5 was read a second
And respectfully requests the concurrence of the House time in full.
therein.
Very respectfully, Mr. McLane moved the adoption of Senate Concurrent
ROBT. W. DAVIS, Resolution No. 5.
Secretary of the Senate. Which was agreed to.
And Senate Concurrent Resolution No. 3 contained in the And Senate Concurrent Resolution No. 5 was adopted.
above message was read the first time in full and referred to And the action of the House was ordered certified to the
the Committee on Resolutions. Senate.
The following message from the Senate was received and CONSIDERATION OF HOUSE BILLS OF A GENERAL
read: NATURE ON SECOND READING
Senate Chamber, House Bill No. 52:
Tallahassee, Florida, April 15, 1941. A bill to be entitled An Act to outlaw in the State of Florida
Honorable Dan McCarty, the Communist Party, the German-American Bund, and all
Speaker of the House of Representatives, organizations, groups, or individuals associated therewith who
Sir: seek to overthrow the Government of the United States by
I am directed by the Senate to inform the House of force or violence through the advocacy of criminal anarchy,
Representatives that the Senate has adopted- criminal communism, criminal nazi-ism, and criminal fascism.
By Senators Collins, Folks and Rose-- as taken up.
Senate Concurrent Resolution No. 4: Mr. Perry moved that the rules be waived and House Bill
No. 52 be read a second time by its title only.
A resolution urging the Civil Aeronautics Board of the Which was agreed to by a two-thirds vote.
United States to grant the application of Eastern Air Lines, And House Bill No. 52 was read a second time by its title.
Inc., for a certificate to engage in temporary air transpor- Mr. Perry moved that the rules be further waived and that
station between and through Tallahassee, Ocala and Orlando, M Pry m ed at r t h wa ved and placed
Arlonda upon its passage.
And respectfully requests the concurrence of the House Which was agreed to by a two-thirds vote.
therein. And House Bill No. 52 was read a third time in full.
Very respectfully, When the vote was taken on the passage of House Bill No.
ROBT. Wl DAVIS,
Secretary of the Senate. 52, the result was:
And Senate Concurrent Resolution No. 4 was read the Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Bailey,
first time in full. Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, Bryan,
Burks, Burwell Butt, Carroll, Cawthon, Chavous, Clark, Cle-
Mr. Cawthon asked unanimous consent of the House to ment (Pinellas), Clements (Columbia), Commander, Cook,
take up and consider Senate Concurrent Resolution No. 4. Crary, Croft, Dixon, Dowda, Driggers, Dugger, Dunham, Get-
Which was given. zen, Gillespie, Graves, Gray, Harrell, Harris (Alachua), Har-
r. Cawtho m ethat the rulesbe waived+r and Senate ris (Pinellas), Hatch, Helie, Hendry, Holt, Horrell, Hosford,
C onurrent Resolution No. 4 be rea a second time in full. Inman, Jenkins, Johnson, Junkin, Lambe, Lane, Lanier, Leaird,
Concurrent Resolution No. 4 be read a second time in full. Leedy, Leonardy, Littlefield, Luckie, McDonald, McLane, Mid-
Which was agreed to by a two-thirds vote. dleton, Morrow, Murray, Overstreet, Peeples, Perry, Potter,
And Senate Concurrent Resolution No. 4 was read a Priest, Riddles, Rivers, Rogers, Safford, Scales, Shafer, Shave,
second time in full. Sheldon, Shivers, Simpson, Slappey, Smith, Strayhorn, Stew-

April 15, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 59

art, Thomas, Toland, Turner, Vathis, Versaggi, Williams, Wise- State Agricultural Marketing Board, to define its duties and
heart, Wotitzky, Yaeger-89. powers and make appropriation for the carrying out of the
Nays-None. provisions thereof" as amended by Chapter 15860, Laws of
So House Bill No. 52 passed, title as stated. Florida, Acts of 1933, entitled: "An Act amending Section
1 of Chapter 13809, Laws of Florida, Acts of 1929, relating
Mr. Perry moved that the rules be further waived and that to the creation of the State Agricultural Marketing Board,
House Bill No. 52 be immediately certified to the Senate. defining its powers and duties and making appropriation
Which was agreed to by a two-thirds vote. therefore" so as to provide for an appropriation from the
And House Bill No. 52 was ordered immediately certified general revenue fund for the fiscal year beginning July 1,
And House Bill No. 52 was ordered immediately certified 1939."
to the Senate.
EXECUTIVE COMMUNICATIONS House Bill No. 876:
The following communication from the Secretary of State "An Act for the relief of J. Madian to reimburse hi
was received and read expense of doctor and hospital on account of an auto acci-
wasTallahassee, orida dent suffered on June 30th, 1933, while in the performance
Tallah see, Florida, of duty as a traveling auditor for the State Comptroller."
April 15, 1941.
Honorable Dan McCarty, House Bill No. 902:
Speaker of the House of Representatives, "An Act relating to the interest and sinking funds of bonds
Sir: authorized to be issued under Chapter 15772, Laws of Flor-
In conformity with the requirements of the Constitution ida, Acts of 1931, known as the General Refunding Act of
of the State of Florida, I herewith transmit to you, for the 1931; granting additional and supplementary authority and
consideration of the House, the following vetoed acts with power to units authorizing the issuance of bonds thereunder
the Governor's objections attached thereto; viz: concerning the levying of taxes and the appropriation re-
Respectfully, appropriation or earmarking of moneys or revenues in con-
R. A. GRAY, nection with said interest and sinking funds; providing the
Secretary of State. mode of exercise of such authority and power and the effect
of such exercise: imposing duties upon all persons and of-
House Bill No. 181: ficials handling such moneys or revenue; limiting the use
"An Act to create a system for the administration of of such moneys or revenues and making the same immune
probation and parole: authorizing and regulating the use from certain suits, levies writs or other process: and vali-
of probation, suspension of sentence and parole: establishing dating and confirming certain levies, appropriations, reap-
a State Commission of Probation and Parole: conferring and propriations or earmarkings heretofore made."
defining its jurisdiction, powers and duties: providing for the
method of selection or employment of its members: regu- House Bill No. 952:
lating the employment or appointment, removal and dis- "An Act designating certain streets in the City of Panama
charge of its employees; regulating the compensation of City, Florida ,as connecting parts and portions of the Gulf
members of the Commission and of the employees thereof; Coast Highway or State Road No. 10."
making violations of certain provisions of this Act misde-
meanors and providing punishment therefore; defining parole House Bill No. 1040:
and making provisions therefore; authorizing, supervision and "An Act declaring, designating and establishing certain
defining violation thereof; and for other related purposes; State Roads in Bay County, Florida."
making appropriation for operation of this Act; effective
date of Act; and to repeal all laws and parts of laws in- House Bill No. 1088:
consistent with this Act." "An Act for the relief of J. Min Ayers for his necessary
and actual financial losses sustained by him without any fault
House Bill No. 254: on his part and by virtue of being held up and robbed of
"An Act for the relief of Mary V. Cherry, widow, Clay his personal property by two escaped State convicts."
County, Florida, and making appropriation therefore, as com-
pensation for the loss of her husband, T. S. Cherry, who, as House Bill No. 1137:
sheriff of Clay County, Florida, was killed while performing "An Act to declare, designate and establish certain State
services in the line of duty." roads in DeSoto County, Florida."
House Bill No, 299: House Bill No. 1146:
"An Act to authorize the Comptroller of the State of "An Act to declare, designate and establish certain State
Florida to' refund to H. C. Lister of Gulf County, Florida, roads in Walton County, Florida."
the sum of $74.46 taxes erroneously paid on the west one-
half (W.) of west one-half (W) Section Fourteen (14) House Bill No. 1175:
Township Six (6) south, Range Nine (9) west for the years "An Act providing for a State service officer, an assistant
1893-1910-1911-1912, and making appropriation therefore State service officer and one district service officer for each
House Bill No. 531: Congressional District in the State of Florida and to pre-
"An Act for the relief of Oti5s M. Cobb, former -County scribe their powers and duties and to fix their compensation.
"JudAn Act for the relief of Indian River County, Floridaformer County Their duties shall be in connection with their handling of
Judge o Indian River County, Florida claims of all veterans of all wars and their dependents, and
House Bill No. 548: soldiers, sailors and marines of the armed forces of the
"An Act assenting to the provisions of the Act of Con- United States who served during peace time and received
"An Act assenting to the provisions of the Act of Con- inpuriirectly due to their service."
gress entitled 'An Act tol provide that the United States injuries directly due to their service.
shall aid the states in wildlife restoration projects and other House Bill No. 1178:
purposes,' approved September 2, 1937; and prohibiting the
diversion of the funds accruing to the State of Florida from An Act relating to public education, providing for an an-
license fees paid by hunters for any purpose other than the nual appropriation to the county school fund of a sum
administration of the Department of Game and Fresh Water equal to one hundred dollars for each instruction unit for
Fish of Florida." the school year ending June 30, 1940 and for the school
year ending June 30, 1941, to be apportioned as prescribed
House Bill No. 659: by law; directing how the money shall be used and de-
"An Act appropriating fifty thousand dollars for use by clearing that the appropriation is supplemental and in ad-
the State Agricultural Marketing Board in establishing and edition to all other appropriations to' the county school fund."
maintaining in the State of Florida a market for the selling House Bill No. 1181:
and processing of livestock."
"An Act defining and prescribing what shall be a legal
House Bill No. 739: fence in all that part of DeSoto County, Florida, located and
"An Act to amend Section 1 of Chapter 13809, Laws of situate outside the corporate limits of the City of Arcadia,
Florida, Acts of 1929, entitled: "An Act to create a board east of Peace River, and one mile north of State Road
consisting of the Governor, the Commissioner of Agriculture No. 18, and providing for the impounding of livestock found
and the State Marketing Commissioner, to be known as the trespassing within enclosures enclosed by legal fence as

60 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 15, 1941

herein defined, and providing for a lien on such animals House Bill No. 1412:
for damages done by them, and a method of collecting same." "An Act to declare, designate and establish certain State
House Bill No. 1202: Roads in DeSoto County, Florida."
"Ag Act to declare, designate and establish certain State House Bill No. 1421:
roads in Glades County, Florida." "An Act to declare, designate and establish certain roads
House Bill No. 1274: in Palm Beach County as State Roads, and as such to be a
o esi e es is e i os i part of the system of State Roads of the State of Florida."
"An Act to designate and establish certain roads in
Orange County as State roads." House Bill No. 1440:
"An Act to declare, designate and establish certain State
House Bill No. 1295: roads in Charlotte County, Florida."
"An Act to declare, designate and establish certain roads
in Palm Beach County as State roads, and as such to be House Bill No. 1448:
a part of the system of State roads of the State of Florida." "An Act designating and establishing certain roads in
House Bill No. 1329: Alachua County, Florida, as State Roads."
House Bill No. 1329:
"An Act declaring, designating and establishing certain House Bill No. 1462:
State roads in Seminole County, Florida." "An Act designating and establishing certain roads in St.
House Bill No. 1332: Johns County, Florida, as State Roads."
"An Act imposing a tax for revenue of one thousand ($1,- House Bill No. 1479:
000.00) dollars annually on all persons, firms, or corporations "An Act providing that the provisions of Section 9, Chap-
who bid for, or who perform, public contracts of public grad- ter 18296, Laws of Florida, 1937, shall not apply to any lots,
ing streets, highways, sewer, bridges, or culverts in the State tracts or parcels of land in Palm Beach County, Florida,
of Florida, where the bid submitted or the contract to be per- where the County of Palm Beach, any municipal corporation
formed amounts to more than Fifty Thousand ($50,000.00) in the County of Palm Beach or any special taxing unit within
Dollars declaring the public policy of the State of Florida, the County of Palm Beach now owns or holds a lien for taxes
and a legislative finding in regards thereto: declaring bid- or special assessment, against said lots, tracts or parcels of
ding on such contracts to be doing business in Florida; creat- land, which lien for taxes or special assessment is authorized
ing a State Highway Contractors Licensing Board; defining its by law; providing further for a referendum herein."
powers and duties; requiring all contractors who bid for or
perform public contracts for public grading, streets, highways, House Bill No. 1503:
sewers, bridges or culverts where the bid submitted or the "An Act to declare, designate and establish certain State
contract let amounts to more than Fifty Thousand ($50,000) Roads in Highlands County, Florida."
Dollars to pay a license of One Hundred ($100.00) Dollars
annually and to secure a license certificate from said Board House Bill No. 1526:
before submitting bids on or performing any such contracts; "An Act to declare, designate and establish certain State
prescribing regulations regarding applications for and issu- Roads in Nassau County, Florida."
ance of such license certificates by said Board to such con-
tractors; authorizing said Board to issue licenses to such con- House Bill No. 1539:
tractors who shall comply with this Act, and authorizing said "An Act designating and establishing certain State Roads
Board to revoke licenses issued for cause and to refuse to in Jackson County, Florida, providing for survey to be made
issue such licenses under certain conditions; providing for thereof and providing for numbered designations to be made
expenses for the administration of this Act; providing that of such roads."
the-One Thousand (1,000) Dollars tax levied herein shall be
appropriated to the General Revenue Fund, and providing House Bill No. 1545:
that the license fee imposed on such contractors shall be "An Act relating to State and County Tax Certificates held
credited to the State Highway Contractors Board Fund, pro- by, the State of Florida that were more than two years old on
viding penalties for the violation of this Act, and repealing June 9, A. D. 1937; providing that the said certificates may be
all laws and parts of laws in conflict herewith." redeemed at any time before June 9, A. D, 1941, and designat-
House Bill No. 1349: ng said date as the Date of vesting of title in the State to the
House Bill No. 1349lands included in said certificates, and of the powers of Trus-
"An Act designating and establishing as a part of the State tees of the Internal Improvement over said lands."
Road System of Florida certain roads in Franklin County
leading into and connecting with the State Highway Number House Bill No. 1548:
10 in said county." "An Act providing for the appointment of a commission to
study the feasibility of any plan or plans that may be sub-
House Bill No. 1385: mitted to said commission for the purpose of refinancing or
"An Act to amend Sub-Section F, of Section 2, of Chapter refunding any bonds of any kind or character, the interest
16848, Acts of 1935, being entitled 'An Act to provide for the and sinking funds of which are administered by the Board of
relief of the Public Free Schools of the State of Florida by Administration of the State of Florida, and to make a report
raising revenue for the County School Fund by levying and of its investigations and study of any of such plans that may
imposing a tax upon the privilege of operating a store or be submitted to it at the next session of the Legislature of
stores within this State, to classify such stores for the purpose the State of Florida; providing for the expenses of the mem-
of such taxation and of graduating the tax in accordance with bers of said Commission and making an appropriation there-
the number of stores operated under a single ownership, man- for."
agement or control, to declare the public policy on which House Bill No. 1559"
this Act is founded; to provide for the administration ande
enforcement of this Act and for the promulgation and en- "An Act to declare, designate and establish certain State
forcement of rules and regulations to facilitate such enforce- Proads in Charlotte County. Florida."
ment; to provide for the creation and enforcement of a lien House Bill No. 1560:
upon the property of persons liable for the payment o suc "An Act to designate and establish certain roads in Taylor
tax; to provide penalties for the violation of this Act and of Cont, t todrid n atend Roads."
rules or regulations lawfully made under the authority hereof;
to repeal conflicting laws, expressly but on condition includ- House Bill No. 1563:
ing Chapter 16071, Laws of Florida of 1933, and to appropriate "An Act designating certain public highways in Washington
the revenues derived hereunder'." County, Florida, as State Roads of the State of Florida and a
part of the system of roads of said State."
House Bill No. 1395:
"An Act to exempt motor vehicles used exclusively in the House Bill No. 1583:
transportation of agricultural and 'or horticultural products "An Act entitled "General Appropriation Bill"
from necessity of procuring for hire license tags and to ex- The item of $80,000.00 of the Appropriation Bill as passed
empt such vehicles when so used from jurisdiction and control by the Legislature, under the heading University of Florida,
of the State Railroad Commission." which provides for

April 15, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 61

Rehabilitation of Experiment Station Building and authority to levy and assess occupational license taxes
bienniumm) .----...........-...................----------- $80,000.00 upon businesses, privileges, occupations and professions,
The item of $22,800.00 of the Appropriation Bill as passed carried on or engaged in within the corporate limits of said
by the Legislature, under the heading Radio Station WRUF, city; and granting to said City Commission the power and
which provides for authority to classify and define such businesses, privileges,
Salaries- ....----.....$22,800.00 occupations and professions for the purpose of such license
taxes, and the classification and definition, and the amount
The item of $22,200.00 of the Appopriation Bill as passed by thereof, shall not be dependent upon, affected, altered or
the Legislature, under the heading Radio Station, WRJF, modified by any general State statutes."
which provides for
Necessary and regular expenses ..........---- .........---... $22,200.00 House Bill No. 1715:
The item of $10,000.00 of the Appropriation Bill as passed by "An Act to prohibit and make it unlawful for live stock
the Legislature under the heading Radio Station WRUF, which to run or roam at large within Broward County, Florida;
provides for to provide for the impounding and sale of said live stock
New equipment and antennae (for biennium) ....$10,000.00 when found running or roaming at large in violation of this
The item of $40,000.00 of the Appropriation Bill as passed Act; to provide for the recovery of damages suffered by
by the Legislature, under the heading Florida State College persons or property by reason thereof; and to repeal all
for Women, which provides for acts or parts of acts inconsistent with this Act."
To furnish student alumnae building which is
being erected without cost to State bienniumm) $40,000.00 House Bill No. 1717:
The item of $10,000.00 of the Appropriation Bill as passed "An Act to declare, designate and establish certain State
by the Legislature, under the heading Florida School for Deaf roads in Brevard County, Florida."
and Blind, which provides for House Bill No. 1738:
Repairs to roads on campus and new road to Hu B No. 1
farm and south of campus ...-----............................ $10,000.00 An Act to designate and establish certain State roads in
The item of $12,500.00 of the Appropriation Bill as passed Osceola County, Florida."
by the Legislature, under the heading Florida State Board House Bill No. 1739:
of Forestry, which provides for "An Act to declare, designate and establish certain State
Special-Pan American Park, Volusia-Hammock roads in Okeechobee County, Florida."
Park, Suwanner-River Park and Rauscher State
Park ....-..----- ........-.....- ....-..........--- ...---..--..- $12,500.00 House Bill No. 1741:
The item of $15,600.00 of the Appropriation Bill as passed "An Act exempting all County officials in counties in the
by the Legislature, under the heading Florida National Guard, State of Florida having a population of not less than 3,470
which provides for and not more than 3,495 according to the last State census
Special Expenses ---..-.....-- --....---------- $15,600.00 of the State of Florida, from complying with the provisions
The item of $9,000.00 of the Appropriation Bill as passed by of Chapter 6815, Laws of Florida, Acts of 1915."
the Legislature, under the heading Railroad Commission, House Bill No 1742:
which provides for
Additional Inspectors and for no other purpose "An Act relating to the distribution and expenditure of
(To be used only in event no additional mileage monies derived from gasoline taxes placed to the credit of
taxes are provided for Motor Transportation the several counties of the State of Florida having a popu-
Department) ............................................. .$9,000.00 nation of not less than 11,650 and not more than 11,700
The item of $15,895.00 of the Appropriation Bill as passed by according to the State census of 1935, and conferring certain
the Legislature, under the heading State Geological Survey, powers, authorities, directions, and duties upon the State
which provides for Board of Administration, and upon the Board of County
Special Expenses -----.....---....-- ..-......----------- $15,895.00 Commissioners of the several counties, with reference
The item of $250,000.00 of the Appropriation Bill as passed
by the Legislature, under the heading for Free Text Books, House Bill No. 1770:
which provides for "An Act designating and establishing certain roads in
Each year, to augment proceed from special Liberty County, Florida, as State roads."
village not to exceed .......---....--......---........--.--.. $250,000.00
House Bill No. 1795:
House Bill No. 1617:
"An Act designating and establishing certain roads in
""An Act to declare, designate and establish certain roads LeCount, rida e shg certain roads in
and bridges in Sarasota County, Florida, as State Roads and
bridges." House Bill No. 1807:
House Bill No. 1696: "An Act to provide for exemption from tolls by the Over-
"An Act designating certain public highways in Washington seas Road and Toll Bridge District, Monroe County, Florida,
County, Florida as State Roads of the State of Florida, and a of school 'buses owned or operated under contract by the
part of the system of roads of said State.' Board of Public Instruction of Monroe County; also of the
county school officers of Monroe County when engaged in
House Bill No. 1619: visiting or inspecting the public schools within Monroe
"An Act relating to the distribution and expenditure of County."
moneys derived from gasoline taxes placed to the credit of
the several counties of the State of Florida having a popu- House Bill No. 1826:
lation of not more than 14,560 and not less than 14,550 "An Act designating and establishing certain roads in
according to the last State census and authorizing the St. Lucie County, Florida, as State roads."
State Board of Administration to return to the Board of
County Commissioners of each of said counties, the third House Bill No. 1838:
cent of the second gas tax for the purpose of building, con-
structing and maintaining the public roads of said counties "An Act to designate and establish State roads and high-
which are not being built, constructed or maintained by the ways in Volusia County, Florida, State roads: declaring
State Road Department of the State of Florida; conferring the same to be part of the system of State highways and
certain powers, authority and duties upon the State Board providing for the survey and location thereof by the State
of Administration with reference thereto; prescribing the Road Department of Florida."
duties and powers of the Board of County Commissioners, House Bill No. 1853:
and the distribution and allocation of funds received under
this Act; describing the duties of the clerk and auditor of "An Act relating to the distribution and expenditure of
the Board of County Commissioners in connection with the monies derived from gasoline taxes placed to the credit of
enforcement of this Act." the several counties of the State of Florida having a popula-
tion of not less than 22,200, and not more than 23,050, ac-
House Bill No. 1712: cording to the last preceding State census and conferring
"An Act granting to the City Commission of the City of certain powers, authorities, directions and duties upon the
Hollywood a municipal corporation of Florida, the power State Board of Administration, and upon the Board of County

62 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 15, 1941

Commissioners of the several counties, with reference missioners, and the distribution and application of the funds
thereto." received under this Act; prescribing the duties of the clerk
and auditor of the Board of County Commissioners in con-
House Bill No. 1858: nection with the enforcement of this Act."
"An Act designating certain roads in Dade County as State
roads." House Bill No. 1923:
e Bi No. 1 "An Act designating, declaring and establishing as State
House Bill No. 1866: roads certain roads, street and highways in Indian River
"An Act providing that in all counties of the State of County, Florida."
Florida having a population of not less than 15,500 and not
more than 16,000, according to the State census of 1935, House Bill No. 1941:
the provisions of Section 9 of Chapter 18296, Laws of Florida "An Act designating and establishing certain roads in Mar-
of 1937, shall not apply to any lots, parcels or tracts of land tin County Florida, as State roads."
where the county or any municipality or any drainage dis-
trict, or other taxing authority in the said county holds a House Bill No. 1942:
lien, other than a State and county tax lien, on said lots, "An Act designating and establishing certain roads in Col-
parcels or tracts of land by virtue of any valid law of said lier County, Florida, as State roads."
State of Florida."
House Bill No. 1954:
House Bill No. 1870: "An Act declaring, designating and establishing certain State
"An Act designating and establishing certain roads in roads in Bay County, Florida."
Santa Rosa County, Florida, as State roads."
House Bill No. 1979:
House Bill No. 1879: "An Act providing for the tenure of employment of teach-
"An Act providing that in all counties of the State of ers in the public schools of Duval County, Florida: Defining
Florida having a population of not less than 17,500 and not the terms used in this Act; providing when teachers are en-
more than 22,500, according to the last preceding State titled to tenure of employment; the causes for which said
census, the provisions of Section 9 of Chapter 18296, Laws teachers may be discharged or demoted and prescribing the
of Florida of 1937, shall not apply to any lots, parcels or procedure for such discharge or demotion; conferring juris-
tracts of land where the county or any municipality or any diction upon the Circuit Court for the Fourth Judicial Circuit
drainage district, or other taxing authority in the said of Florida in and for Duval County to review the dismissal
county holds a lien, other than a State and county tax lien, of any tenure teacher by the Board of Public Instruction
on said lots, parcels or tracts of land by virtue of any valid of Duval County, Florida, by certiorari, or other appropriate
law of said State of Florida." proceedings, providing for appeal from any order made therein
to the Supreme Court of Florida; and providing for a writ
House Bill No. 1882: of mandamus from the Circuit Court of the Fourth Judicial
"An Act designating and establishing certain roads in Circuit in and for Duval County, Florida."
Jefferson County, Florida, as State roads." House Bill No. 2002
House Bill No. 1893: "An Act designating and establishing certain roads in
"An Act designating and establishing certain roads in Sumter County, Florida, as State roads."
Manatee County, Florida, as State roads." e Bl N
House Bill No. 2006:
House Bill No. 1899: "An Act to prohibit and make it unlawful for livestock
"An Act to declare, designate and establish certain State to run or roam at large within Palm Beach County, Florida;
roads in Columbia County, Florida." to provide for the impounding and sale of said live stock
when found running or roaming at large in violation of this
House Bill No. 1906: Act; to provide for the recovery of damages suffered by per-
"An Act to amend Chapter 18011, Laws of Florida, Acts sons or property by reason thereof; and to repeal all parts
of 1937, the same being entitled 'An Act to license taxes, of Acts inconsistent with this Act; providing for a referendum."
repealing Chapter 14491 and Chapter 14528, Laws of Florida,
Acts of 1929; repealing parts of Chapter 2 of Title VI, of House Bill N. 2027:
Division 1 of the Revised General Statutes of Florida, of "An Act relating to the distribution and expenditure of
1920; repealing Chapter 16801 and Chapter 17167, Laws of monies derived from gasoline taxes and placed to the credit
Florida, Acts of 1935; imposing certain license taxes and of the several counties of the State of Florida having a popu-
providing for the payment and collection thereof, and pro- lation of not less than 22,150 and not more than 23.050, ac-
viding that license taxes shall be a lien on the property of cording to the last proceeding State census, and conferring
the person liable therefore, under certain circumstances' and certain powers, authorities, directions and duties upon the
repealing all laws or parts of laws in conflict herewith." State Board of Administration, and upon the Board of County
Commissioners of the several counties, with reference there-
House Bill No. 1908: to."
"An Act providing that not in excess of two per cent of House Bill No. 2037:
the teachers' salary fund of Washington County, Florida, "An Act to declare, designate and establish as a part of the
established by and referred to in Chaptepr 16170 Laws of "An Act to declare, designate and establish as apart of the
tFlorida Acts of 1933 mae be epd Chdpten 1939 aL acf State road system, the following road in Levy County, named
Florida, Acts of 1933, may be expended in 1939 and eachCommissioners of Levy
year thereafter as provided by law to pay salaries of janitors and known bythe Boardof County Commissioners of Levy
and matrons employed in the schools of said county." County, Florida.'
And House Bill No. 181 of the 1939 Session. together with
House Bill No. 1910: the Governor's Veto Message, was referred to the Committees
An Act relating to the distribution and expenditure of on Judiciary "A" and Appropriations.
monies derived from the gasoline tax placed to the credit And House Bill No. 254 of the 1939 Session, together with
of several counties of the State of Florida having a population the Governor's Veto Message, was referred to the Commit-
of not more than three thousand (3,000) and not less than tee on Claims.
two thousand (2,000) according to the last State census, and And House Bill No. 299 of the 1939 Session, together with
authorizing the State Board of Administration to return to the Governor's Veto Message, was referred to the Committee
the Board of County Commissioners of each of said c unties, on Claims.
the third cent of the second gas tax for the purpose of puar- And ouse Bill No. 531 of the 1939 Session, together with
chasing, retiring and the satisfaction 1of all bnds a d i the Governor's Veto Message, was referred to the Committee
terest coupons and judgments issued by and obtained against Cam
said counties which bonds and coupons and judgment are not
authorized to be paid for and/or satisfied under the pro- And House Bill No. 548 of the 1939 Session, together with
visions of Chapter 14486, Laws of Florida, Acts of 1929, as the Governor's Veto Message, was referred to the Committee
amended by Chapter 15891, Laws of Florida, Acts of 1933; on Fish and Game.
conferring certain powers, authority and duties upon the And House Bill No. 659 of the 1939 Session, together with
State Board of Administration with reference thereto; pre- the Governor's Veto Message, was referred to the Committee
scribing the duties and powers of the Board of County Corn- on Appropriations.

April 15, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 63

And House Bill No. 739 of the 1939 Session, together with And House Bill No. 1526 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was placed on the Local
on Appropriations. Calendar.
And House Bill No. 876 of the 1939 Session, together with And House Bill No. 1539 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was placed on the Local
on Claims. Calendar.
And House Bill No. 902 of the 1939 Session, together with And House Bill No. 1545 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was referred to the Com-
on Judiciary "A". mittee on Judiciary "A".
And House Bill No. 952 of the 1939 Session, together with And House Bill No. 1548 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was referred to the Con-
on Public Roads and Highways. mittee on Appropriations.
And House Bill No. 1040 of the 1939 Session, together with And House Bill No., 1559 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was referred to the Corn-
on Public Roads and Highways. mittee on Public Roads and Highways.
And House Bill No. 1088 of the 1939 Session, together with And House Bill No. 1560 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was referred to the Con-
on Claims. mittee on Public Roads and Highways.
And House Bill No. 1137 of the 1939 Session, together with And House Bill No. 1563 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was referred to the Con-
on Public Roads and Highways. mittee on Public Roads and Highways.
And House Bill No. 1146 of the 1939 Session, together with And House Bill No. 1583 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committtee with the Governor's Veto Message, was referred to the Con-
on Public Roads and Highways. mittee on Appropriations.
And House Bill No. 1175 of the 1939 Session, together with And House Bill No. 1617 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was referred to the Con-
on National Guard and Military Affairs. mittee on Public Roads and Highways.
And House Bill No. 1178 of the 1939 Session, together with And House Bill No. 1696 of the 1939 Session, together
the Governor's Veto Message, was referred to the Commit- with the Governor's Veto Message, was referred to the Com-
tee on Appropriations, mittee on Public Roads and Highways.
And House Bill No. 1181 of the 1939 Session, together with And House Bill No. 1619 of the 1939 Session, together
the Governor's Veto Message, was placed on the Local Calen- with the Governor's Veto Message, was referred to the Com-
dar. mittee on Census and Apportionment.
And House Bill No. 1202 of the 1939 Session, together with And House Bill No. 1712 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was placed on the Local
on Public Roads and Highways. Calendar.
And House Bill No. 1274 of the 1939 Sesgion, together with And House Bill No. 1715 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was placed on the Local
on Public Roads and Highways. Calendar.
And House Bill No. 1295 of the 1939 Session, together with And House Bill No. 1717 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was referred to the Con-
on Public Roads and Highways. mittee on Public Roads and Highways.
And House Bill No. 1329 of the 1939 Session, together with And House Bill No. 1738 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was referred to the Corn-
on Public Roads and Highways. mittee on Public Roads and Highways.
And House Bill No. 1332 of the 1939 Session, together with And House Bill No. 1739 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was referred to the Com-
on Finance and Taxation. mittee on Public Roads and Highways.
And House Bill No. 1349 of the 1939 Session, together with And House Bill No. 1741 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was referred to the Com-
on Public Roads and Highways. mittee on Census and Apportionment.
And House Bill No. 1385 of the 1939 Session, together with And House Bill No. 1742 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee wit hthe Governor's Veto Message, was referred to the Com-
on Finance and Taxation. mittee on Census and Apportionment.
And House Bill No. 1395 of the 1939 Session, together with And House Bill No. 1770 of the 1939 Session, together
the Governor's Veto Message, was referred to the Corn- with the Governor's Veto Message, was referred to the Com-
mittee on Motor Vehicles and Carriers. mittee on Public Roads and Highways.
And House Bill No. 1412 of the 1939 Session, together with And House Bill No. 1795 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was referred to the Comn-
on Public Roads and Highways. mittee on Public Roads and Highways.
And House Bill No 1421 of the 1939 Session, together with And House Bill No. 1807 of the 1939 Session, together
the Governor's Veto Message, was referred to the Committee with the Governor's Veto Message, was referred to the Corn-
on Public Roads and Highways. mittee on Public Roads and Highways.
And House Bill No. 1440 of the 1939 Session, together And House Bill No. 1826 of the 1939 Session, together
with the Governor's Veto Message, was referred to the Corn- with the Governor's Veto Message, was referred to the Com-
mittee on Public Roads and Highways. mittee on Public Roads and Highways.
And House Bill No. 1448 of the 1939 Session, together And House Bill No. 1838 of the 1939 Session, together
with the Governor's Veto Message, was referred to the Corn- with the Governor's Veto Message, was referred to the Com-
mittee on Public Roads and Highways. mittee on Public Roads and Highways.
And House Bill No. 1462 of the 1939 Session, together And House Bill No. 1853 of the 1939 Session, together
with the Governor's Veto Message, was referred to the Corn- with the Governor's Veto Message, was referred to the Com-
mittee on Public Roads and Highways. mittee on Census and Apportionment.
And House Bill No. 1479 of the 1939 Session, together And House Bill No. 1858 of the 1939 Session, together
with the Governor's Veto Message, was placed on the Local with the Governor's Veto Message, was referred to the Comn-
Calendar. mittee on Public Roads and Highways.
And House Bill No. 1503 of the 1939 Session, together And House Bill No. 1866 of the 1939 Session, together
with the Governor's Veto Message, was placed on the Local with the Governor's Veto Message, was referred to the Com-
Calendar. mittee on Census and Apportionment.

64 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 15, 1941

And House Bill No. 1870 of the 1939 Session, together The roads designated are so indefinite that no persons
with the Governor's Veto Message, was referred to the Cor- knows whether they are needed or will ever be needed for
mittee on Public Roads and Highways. years to come, in fact, it would be impossible for the State
And House Bill No. 1879 of the 1939 Session, together Road Department to build or construct these roads and after
with the Governor's Veto Message, was referred to the Cor- they were constructed there would never be enough gas tax
mittee on Census and Apportionment. money in Florida to keep them in repair, much less build
bridges over the streams and waterways in order to haul
And House Bill No. 1882 of the 1939 Session, together commerce and accommodate t traffic.
with the Governor's Veto Message, was referred to the Com- commerce and accommodate traffic.
mittee on Public Roads and Highways. If we are ever to have roads in Florida, we must have an
Sn orderly system of building, according to specifications by
And House Bill No. 1893 of the 1939 Session, together qualified engineers and not only the roads but the bridges
with the Governor's Veto Message, was referred to the Com- must be constructed so as to withstand traffic.
mittee on Public Roads and Highways.
mittee on Public Roads and Highways. A road system of this kind should not be started until a
And House Bill No. 1899 of the 1939 Session, together general plan of building, according to the needs of each
with the Governor's Veto Message, was referred to the Corn- County in Florida has been made, then it should be placed
mittee on Public Roads and Highways. in one bill, so that each County could get its fair share of
And House Bill No. 1906 of the 1939 Session, together roads designated and an equal amount of the gas taxes for
with the Governor's Veto Message, was referred to the Corn- building of such roads necessary for the convenience of
mittee on Finance and Taxation. the public, commerce and the people in the section through
And House Bill No. 1908 of the 1939 Session, together which these roads pass.
with the Governor's Veto Message, was placed on the Local The number of roads mentioned in this bill will hardly be
Calendar. useful to the County, its people or to the traveling public.
And House Bill No. 1910 of the 1939 Session, together therefore, I veto House Bill No. 655, as passed by the Leg-
with the Governor's Veto Message, was referred to the Com- islature of 1939.
mittee on Census and Apportionment. Respectfully submitted,
And House Bill No. 1923 of the 1939 Session, together (Signed) FRED P. CONE,
with the Governor's Veto Message, was referred to the Cor- Governor.
mittee on Public Roads and Highways. Mr. Lewis moved that the rules be waived and the House
And House Bill No. 1941 of the 1939 Session, together do now consider House Bill No. 655 of the 1939 Session.
with the Governor's Veto Message, was referred to the Cor- Which was agreed to by a two-thirds vote.
mittee on Public Roads and Highways. X
mittee on Public Roads and Highways. The question recurred on the passage of House Bill No.
And House Bill No. 1942 of the 1939 Session, together 655 of the Regular Session of 1939, the Governor's veto to the
with the Governor's Veto Message, was referred to the Com- contrary notwithstanding.
mittee on Public Roads and Highways.
And House Bill No. 1954 of the 1939 Session, together When the vote was taken on the passage of House Bill
with the Governor's Veto Message, was referred to the Com- No. 655 of the Regular Session of 1939, the veto of the
mittee on Public Roads and Highways. Governor to the contrary notwithstanding, the result was:
And House Bill No. 1979 of the 1939 Session, together Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Bailey,
with the Governor's Veto Message, was placed on the Local Beck, Bennett, Best, Bonifay, Brackin, Bryan, Burks, Bur-
Calendar. well, Butt, Carroll, Carswell, Cawthon, Chavous, Clark,
And House Bill No. 2002 of the 1939 Session, together Clement (Pinellas), Clements (Columbia), Commander,
with the Governor's Veto Mesage, was referred to the Corn- Cook, Croft, Davis, Dixon, Dowda, Driggers, Dugger, Dun-
mittee on Public Roads and Highways. ham, Getzen, Gillespie, Graves, Harrell, Harris (Alachua),
Harris (Pinellas), Helie, Hendry, Holt, Horrell, Hosford,
And House Bill No. 2006 of the 1939 Session, together Inman, Johnson, Junkin, Lambe, Lane, Lanier, Leaird,
with the Governor's Veto Message, was placed on the Local Leedy, Leonardy, Lewis, Littlefield, Luckie, McDonald,
Calendar. McLane, Middleton, Morrow, Murray, Overstreet, Peeples,
And House Bill No. 2027 of the 1939 Session, together Perry, Priest, Riddles, Rivers, Safford, Scales, Shafer,
with the Governor's Veto Message, was referred to the Cor- Shave, Shivers, Simpson, Slappey, Smith, Strayhorn, Stew-
mittee on Census and Apportionment. art, Thomas, Toland, Turner, Vathis, Versaggi, Williams,
And House Bill No. 2037 of the 1939 Session, together Wiseheart, Wotitzky, Yaeger-82.
with the Governor's Veto Message, was referred to the Com- Nays-Mr. Boyd-1.
mittee on Public Roads and Highways. So House Bill No. 655 of the Regular Session of 1939 passed
by the required constitutional two-thirds vote of all mem-
And- bers present in the House of Representatives, the veto of
House Bill No. 655 (1939 Session): the Governor to the contrary notwithstanding. The Gov-
An Act to declare, designate and establish certain State ernor's veto was not sustained, and House Bill No. 655 of
roads in Gulf County, Florida. the Regular Session of 1939 was ordered certified to the
Senate.
Was taken up, together with the following veto message:
And-
State of Florida House Bill No. 1036 (1939 Session):
EXECUTIVE DEPARTMENT An Act designating and establishing certain roads in
Tallahassee Holmes County, Florida, as State roads.
June 8th, 1939. Mr. Commander moved that the rules be waived and the
Honorable R. A. Gray, House do now consider House Bill No. 1036 of the 1939
Secretary of State, Session.
Tallahassee, Fla. Which was agreed to by a two-thirds vote.
Dear Mr. Gray: Was taken up, together with the following veto message:
Pursuant to the authority vested in me as Governor of State of Florida
Florida under the provisions of Section 28, Article III of the EXECUTIVE DEPARTMENT
Constitution of this State, I transmit to you with my objec- Tallahassee
tions thereto, House Bill No. 655, entitled: June 9th, 1939.
"AN ACT TO DECLARE, DESIGNATE AND ESTABLISH Honorable R. A. Gray,
CERTAIN STATE ROADS IN GULF COUNTY, FLORIDA." Secretary of State,
This bill seeks to designate twenty-eight roads in one Tallahassee, Fla.
County as State Roads without regard to expense to the Dear Mr. Gray:
State Road Department or the feasibility of the need of Pursuant to the authority vested in me as Governor of
the roads, whether the roads are desired or whether they Florida under the provisions of Section 28, Article III of the
are useful to the people of the County, to commerce or to Constitution of this State, I transmit to you with my objec-
the traveling public, tions thereto, House Bill No. 1036, entitled:

April 15, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 65

"AN ACT DESIGNATING AND ESTABLISHING CERTAIN Burwell, Carroll, Carswell, Cawthon, Chavous, Clement
ROADS IN HOLMES COUNTY, FLORIDA, AS STATE (Pinellas), Clements (Columbia), Commander, Cook, Crary,
ROADS." Croft, Davis, Dixon, Dowda, Driggers, Dunham, Gillespie,
This bill seeks to designat on hundred thirty-nin roads Graves, Harrell, Harris (Alachua), Harris (Pinellas), Hatch,
Thi ibi seek 10 designate oe o nundrea thurty-nine roaas WoThn<;nn nnk-in
in one County as State Roads without regard to expense to Hendry, Holt, Horrell, Hosford, Inman, Johnson, Junkin,
the State Road Department or the feasibility of the need Lambe, Lane, Lanier, Leaird, Leonardy, Lewis, Littlefeld,
of the roads, whether the roads are desired or whether they McDonald, Middleton, Morrow, Murray, Overstreet, Papy,
are seful to the people of the County, to commerce or to Peeples, Perry, Priest, Riddles, Rivers, Scales, Shave, Shivers,
are useful to the people of the County, to commerce or to pson, Slappey, Smith Strayhorn, Stewart, homas,
Simpson, Slappey, Smith, Strayhorn, Stewart, Thomas,
the traveling public. Toland, Turner, Vathis, Versaggi, Williams, Wiseheart,
The roads designated are so indefinite that no persons Wotitzky-76.
knows whether they, are needed or will ever be needed for Nays-Mr. McLane-1.
years to come, in fact, it would be impossible for the State us ill No f t R r of
Road Department to build or construct these roads and after So House Bill No. 1036 of the Regular Session of 1939
they were constructed there would never be enough gas tax passed by the. required constitutional two-thirds vote of all
money in Florida to keep them in repair, much less build members present in the House of Representatives, the veto
bridges over the streams and waterways in order to haul of the Governor to the contrary notwithstanding.
commerce and accommodate traffic. The Governor's veto was not sustained, and House Bill
If we are ever to have roads in Florida, we must have an No. 1036 of the Regular Session of 1939 was ordered certified
orderly system of building, according to specifications by to the Senate.
qualified engineers and not only the roads but the bridges And-
must be constructed so as to withstand traffic. Committee Substitute for House Bill No. 579 (1939 Session):
A road system of this kind should not be started until a An A t p ib t m im i wi
general plan of buildnig, according to the needs of each An Act to prescribe the maximum weight, width, length
County in Florida has been made, then it should be placed and height of certain motor vehicles operated on te public
in one bill, so that each County could get its fair share of highways of the State of Florida, and relating to the opera-
roads designated and an equal amount of the gas taxes for tion of motor vehicles, and placing a maintenance tax
building of such roads necessary for the convenience of thereon.
the public, commerce and the people in the section through Was taken up.
which these roads pass. Mr. Overstreet moved that the rules be waived and Com-
The number of roads mentioned in this bill will hardly be mittee Substitute for House Bill No. 579 be placed on the
useful to the County, its people or to the traveling public, Calendar and made a special and continuing order of busi-
therefore, I veto House Bill No. 1036, as passed by the Leg- ness for tomorrow at 12 o'clock Noon.
islature of 1939.
Respectfully submitted, Which was agreed to by a two-thirds vote.
(Signed) FRED P. CONE, And it was so ordered.
Governor. Mr. Simpson moved that the rules be waived and that the
The question recurred on the passage of House Bill No. local bill session set for tonight be dispensed with.
1036 of the Regular Session of 1939, the Governor's veto Which was agreed to by a two-thirds vote.
to the contrary notwithstanding.
Mr. Papy moved that the rules be waived and the House
When the vote was taken on the passage of House Bill do now adjourn.
No. 1036 of the Regular Session of 1939, the veto of the Which was agreed to by a two-thirds vote
Governor to the contrary notwithstanding, the result was: ch was agreed to by a two-trds vote
Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Bailey, Thereupon at the hour of 12:57 P. M., the House stood
Beck, Bennett, Best, Bonifay, Brackin, Brady, Bryan, Burks, adjourned until 10 A. M. Wednesday, April 16.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

WEDNESDAY, APRIL 16, 1941

The House was called to order by the Speaker at 10:00 By Mr. Commander of Holmes-
o'clock A. M. The roll was called and the following members House Bill No. 195:
answered to their names:
A bill to be entitled An Act fixing the compensation of
Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers, Bailey, members of the board of public instruction in all counties
Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, Bryan, in the State of Florida having a population of not less than
Burks. Burwell, Butt, Carroll, Cawthon, Chavous, Clark, 15,000 and not more than 16,000, according to the Federal
Clement (Pinellas), Clements (Columbia), Commander, Cook, Census of 1940.
Crary, Croft, Davis, Dixon, Dowda, Driggers, Dugger, Dunham, Which was read the first time by its title and referred to
Getzen, Gillespie, Graves, Gray, Harrell, Harris (Alachua), the Committee on Census and Apportionment.
Harris (Pinellas), Hatch, Helie, Hendry, Holt, Horrell, Hos-
ford, Inman, Jenkins, Johnson, Lambe, Lane, Lanier, Leaird, Br. Mr. Harris of Pinellas-
Leedy, Leonardy, Lewis, Littlefield, Luckie, McDonald, McLane, House Joint Resolution No. 196:
Middleton, Minshall, Morrow, Murray, Overstreet, Papy,
Peeples, Perry, Potter, Priest, Riddles, Rivers, Rogers, Safford, Proposing an amendment to Article 5 of the Constitution
Scales, Shafer, Shave, Sheldon, Shivers, Simpson, Slappey, of the State of Florida relative to the Judiciary thereof, by
Smith, Strayhorn, Stewart, Thomas, Toland, Turner, Vathis, adding to said Article 5 an additional section to be known
Versaggi, Williams, Wiseheart, Wotitzky, Yaeger-92. as Section 46.
A quorum present. BE IT RESOLVED BY THE LEGISLATURE OF THE
The following prayer was offered by the Chaplain: STATE OF FLORIDA:
Our Father in Heaven: open our hearts, our minds and our ,That an Amendment to Article 5 of the Constitution of
spirits to a full response to Thee, so that even the smallest of the State of Florida relative to the Judicial Department,
our efforts shall be worthwhile for the good of man and the and to be known as Section 46 of said Article 5, be, and
glory of God. In the name of Jesus, we pray. Amen. the same is hereby agreed to, and shall be submitted to
The reading of the Journal was dispensed with. the electors of the State of Florida for ratification or re-
jection at the next general election to be held in the State
The Journal of the House of Representatives for Tuesday, of Florida on the first Tuesday after the first Monday in
April 15, was corrected and as corrected was approved. November, A. D. 1942, as follows:
The Speaker announced in. accordance with provisions of Section 46. All civil causes in Chancery or at common
Senate Concurrent Resolution No. 5, he had appointed the law, excepting condemnation proceedings, shall hereafter,
following committee: Messrs. McLane of Escambia, Crary of except where the trial or appellate Court, as the case may be,
Martin, Holt of Dade, and Morrow of Palm Beach. extends the time as necessary for the attainment of justice,
be concluded by final judgment or decree within ninety
INTRODUCTION OF HOUSE BILLS AND JOINT (90) days from the date of complete service of process, and
RESOLUTIONS. all appeals or Writs of Error shall be concluded by entry of
SBMr rn f TTare Gn of mr, Andrews appropriate decision or mandate within ninety (90) days
fB Messrs. Bryn of Harde Getzes n pof Sumte, ha s from the entry of final judgment or decree. All such causes
of adison, Burks of Pasco, Peeples of Glades, Chavous of shall be heard by the Judge of the trial Court, upon merits
Dixie, Potter and Rogers of Marion, Hosford ofLiberty Coft without formal pleadings other than a simple, direct com-
of Lafayette, Harris and Jenkins of Alachua, Inman o plaint, stating the cause of action, and simple, direct state-
Bradford, Dunham of DeSoto, Best of Suwannee, Driggers ment embodying defense and/or set-off and/or counterclaim
of Union, Acosta of Duval, and Strayhorn of Lee- waiving such technical rules of evidence as may be neces-
House Bill No. 193: sary to pass directly upon the merits of the cause, and by
A bill to be entitled An Act creating a State Board of Old him decided and judgment or decree entered, without a
Age Assistance and County Boards of Old Age Assistance jury, unless, in those cases which may by law be tried before
prescribing their powers and duties; providing that said a ury, a Party litigant shall demand a jury and make
State Board shall be the agency for the United States, State, deposit of all necessary costs incident to such jury.
County and municipal governments in the administration of Wherever or whenever necessary, in order to enable thp
funds for old age assistance; authorizing the State Board Courts of this State to function as above set forth, the
to promulgate rules and regulations necessary to carry out Governor shall, from time to time, appoint a Commissioner
the intent and purposes of this Act repealing all laws or or Commissiones for any Court, including the Supreme
parts of laws in conflict herewith; making appropriations Court, for such period of time, not to exceed six months,
carry out the purposes of this Act; and fixing the qualifi- or fo s perootin to ex ceed six mont
cations of persons entitled to monetary assistance under this as he deems necessary to expedite the work of such Court
Act. or Courts, and such Commissioner or Commissioners shall
Which was read the first time by its title and referred to have like jurisdiction and authority and shall receive like
the Committees on Public Welfare and Appropriations. pay and allowances as the Judge or Judges of the Court to
which such Commissioner or Commsisioners may be ap-
By Mr. Commander of Holmes-- pointed.
House Bill No. 194: The Supreme Court is authorized and directed to, from
A bill to be entitled An Act to provide, upon payment in time to time, make and promulgate such rules concerning
cash of all taxes due the State of Florida, for the cancella- practice and procedure as may be necessary to fully effectu-
tion and/or release of all State and/or County taxes and/or ate the intent of this Section.
special district taxes held or owned by the State and/or Which was read the first time in full and referred to the
Holmes County, on certain lands in Bonifay, Holmes County, Committees on Constitutional Amendments and Judiciary
Florida, more particularly described as follows:, Lots 11 "A".
and 12, Block 121, located in Bonifay, Holmes County,
Florida, according to the map of Bonifay drawn by G. W. o amba
Banfill, on file in the office of the Clerk of the Circuit Court By Mr. McLane, of Escambia-
of Holmes County, Florida. House Bill No. 197:
Which was read the first time by its title and referred to A bill to be entitled An Act to amend Chapter 18285, Laws
the Committee on Finance and Taxation. of Florida, 1937, as amended, by adding thereto a section
66

April 16, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 67

defining the terms used in said Act and amending Section 2 Board of Health as the administrative agency for the pro-
of said Act by deleting therefrom the definition of the term visions 'of this Act; authorizing said board to promulgate
"Social Welfare"; repealing all laws in conflict therewith; rules and regulations for such administration; and to pro-
and providing for the effective date hereof. vide penalties for the violation thereof.
Which was read the first time by its title and referred to Which was read the first time by its title and referred to
the Committee on Public Welfare. the Committee on Public Health.
By Messrs. McLane of Escambia, and Cook of Flagler- By Messrs. Simpson of Jefferson, Shave of Nassau, Yaeger
House Bill No. 198: and Cawthon of Leon, Holt, Overstreet and Wiseheart of Dade,
A ill t be entitled An Act to amen n 2 Catr Shafer of Polk, Versaggi of St. Johns, Littlefield of Volusia,
bill to be entitled An Act to amend Section 22, Chapter Shivers of Washington, Graves of Indian River, Leaird and
18285, Laws of Florida, 1937, as amended, by adding thereto Burwell of Broward-
provisions enabling the State Welfare Board, under its rule
making power, and in addition to other powers thereunder, House Bill No. 202:
to establish and enforce rules and regulations governing the A bill to be entitled An Act to define and to regulate the
custody, use and preservation of the records, papers, files practice of dentistry and dental hygiene in the State of Flor-
and communications of the Board; requiring all other agen- ida, and to provide penalties for the violation of any of the
cies or departments of government to whom names and ad- provisions of this Act.
dresses of recipients of public assistance are furnished or Which was read the first time by its title and referred to
held, under provisions of law, to adopt regulations necessary the Committee on Public Health.
to prevent the publication of lists thereof or their use for
purposes not directly connected with the administration of By Mr. Burks of Pasco-
public aid and social welfare; making it unlawful, except for House Bill No. 203:
purposes directly connected with the administration of gen-
eral assistance, old age assistance, aid to the blind, or aid A bill to be entitled An Act providing for the regulation,
to dependent children, and in accordance with the rules and control and supervision of gas corporations and electrical
regulations of the State Welfare Board for anyone knowingly corporations as these terms are defined in this Act; to super-
to solicit, disclose, receive, make use of, or to authorize, vise, regulate and control the rates, charges, facilities, prac-
knowingly permit, participate or acquiesce in the use of, any tices, rules and service of such corporations; to confer certain
list of or names of or any information concerning persons powers upon the Railroad Commission of the State of Florida
applying for or receiving such assistance directly or indirectly and to prescribe the duties of said Commission in relation
derived from the records, papers, files or communications of thereto; and to provide for the enforcement of the provisions
the State Welfare Board or any district boards or agency of this Act; and to fix the compensation of the Railroad Con-
thereof, or acquired in the course of the performance of missioners and to repeal all laws contrary to the provisions
official duties; making such violation a misdemeanor and of this Act.
providing penalties for the violations thereof; repealing all Which was read the first time by its title and referred to
laws in conflict herewith; and providing for the effective the Committee on Public Utilities.
date hereof.
Which was read the first time by its title and referred to By Mr. Slappey of Gadsden-
the Committee on Public Welfare. House Bill No. 204:
By Messrs. Sheldon, McDonald and Toland, of Hillsbor- A bill to be entitled An Act to amend Section 4151 of the
ough s Revised General Statutes of Florida as amended by Section
House Bill No. 199 10, Chapter 13576, Acts of 1929, as amended by Section 2,
House Bill No. 199: Chapter 17715, Acts of 1937, relating to a limitation on loans
A bill to be entitled An Act authorizing and empowering to officers, directors, employees, and others made by State
the State Road Department of Florida and Hillsborough Banks' and Trust Companies.
County, Florida, to contract for the leasing,' rental, or pur- Which was read the first time by its title and referred to
chase by the State Road Department of Florida from Hills- the Committee on Banks & Loans.
borough County, Florida, and to provide for the control,
supervision, maintenance, and operation by the State Road By Messrs. Stewart of Hendry, and Slappey of Gadsden-
Department for said Hillsborough County, Florida, of the House Bill No. 205:
Twenty-second Street Bridge and Causeway and adjacent
connecting roads embraced in East Tampa Special Road A bill to be entitled An Act to amend Section 4152, of the
and Bridge District Number Two in Hillsborough County, Revised General Statutes of Florida as amended by Section
Florida.' 11, Chapter 13576, Acts of 1929, relating to investing funds
Which was read the first time by its title and referred to of banks.
the Committee on Public Roads and Highways. Which was read the first time by its title and referred to
the Committee on Banks & Loans.
By Messrs. McLane of Escambia, Holt of Dade, and Cook of
Flagler- By Mr. Bonifay of Santa Rosa-
House Bill No. 200: House Bill No. 206:
A bill to be entitled An Act to amend Section 16 of Chapter A bill to be entitled An Act to amend Section' 6 of Chap-
18285, Laws of Florida, 1937, as amended, by adding thereto a ter 18011, Acts of 1937, entitled "An Act relating to license
subsection authorizing the State Welfare Board in its discre- taxes, repealing Chapter 14491, and Chapter 14528, Laws of
tion to sell any personal property that it may acquire or Florida, Acts of 1929; repealing parts of Chapter 2 of Title
have acquired by way of donation, gift, contribution, bequest VI, Division 1 of the Revised General Statutes of Florida
or devise from any person, persons or organizations; directing of 1920; repealing Chapter 16801 and Chapter 17167, Laws of
that all monies derived from such sale be transmitted to the Florida, Acts of 1935; imposing certain license taxes and
State Treasury to be credited to the State Welfare Board; -providing for the payment land collection thereof, and pro-
authorizing the use by the State Welfare Board of any monies viding that license taxes shall be a lien on the property of
realized from such sales; declaring the intention of the Legis- the person liable therefore, under certain circumstances", so
lature in connection therewith; regulating the withdrawal of as to exempt from the operation of said Act the payment
such monies and appropriating such monies to the use of the of a license by any person engaged in the business, as owner,
State Welfare Board in addition to other funds which have agent or otherwise, or operating a mechanical peanut picker
been or may otherwise be appropriated for public aid and in return for a consideration.
social welfare purposes; repealing all laws in conflict here- Which was read the first time by its title and referred to
with; and providing for the effective date hereof. the Committee on Finance & Taxation.
Which was read the first time by its title and referred to
the Committee on Public Welfare. By Mr. Shivers of Washington-
House Bill No. 207:
By Mr. Andrews of Madison (by request) A bill to be entitled An Act to amend Section 2954, Revised
House Bill No. 201: General Statutes of Florida, 1920, the same being Section
A bill to be entitled An Act to require all commercial manu- 4681, Compiled General Laws of Florida, 1927, relating to
facturers of ice in the State of Florida to purify and filter all the adoption of a standard legal time; providing that the
water used in the manufacture of ice; to designate the State legal time for Florida shall be understood to mean standard

68 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 16, 1941

time of the seventy-fifth meridian, commonly called Eastern lations for applicants to practice chiropractic, and regulating
Standard Time. their examination by the Florida State Board of Chiropractic
Which was read the first time by its title and referred to Examiners, and providing that chiropractors may have the
the Committee on Judiciary "B." right to use the work and products of State, County and
Municipal laboratories, and by defining the scope of the
By Mr. Bonifay of Santa Rosa- practice of chiropractic and instruction and care of the sick.
House Bill No. 208: Which was read the first time by its title and referred to
A bill to be entitled An Act for the relief of Howard W. the Committee on Public Health.
Harrison. By Messrs. Scales of Taylor, Davis and Slappey of Gadsden,
Which was read the first time by its title and referred to Jenkins and Harris of Alachua, Yaeger and Cawthon of
the Committee on Claims. Leon- I
By Messrs. Jenkins and Harris of Alachua- House Bill No. 215:
House Bill No. 209: A bill to be entitled An Act relating to the reduction of
A bill to be entitled An Act granting a pension to E. R. fire hazards of buildings owned and controlled by the State
Simmons of Alachua County, Florida. Board of Education, Board of Commissioners of State In-
Which was read the first time by its title and referred to stitutions or the State Board of Control, and authorizing the
the Committee on State Pensions. State Treasurer to advance surplus funds in the State fire
the insurance fund for the accomplishment thereof and making
By Mr. Brackin of Okaloosa- appropriations therefore.
House Bill No. 210: Which was read the first time by its title and referred to
A bill to be entitled An Act to amend Chapter 19201, the Committee on Insurance.
Laws of Florida, Acts of 1939, the same being "An Act to By Messrs. Crary of Martin, Clements of Columbia, Bryan
protect good will represented by trade marks, name or brands, of Hardee, Beck of Palm Beach, Jenkins and Harris of
against injury by authorizing contracts establishing resale Alachua, Andrews of Madison, Dugger of Baker, Graves of
prices on commodities bearing them and defining as unfair Indian River, Clement of Pinellas, Dugger of Union, Morrow
competition and making actionable knowingly and wilfully of Palm Beach, and Middleton of Putnam-
to advertise and sell such commodities at less than the
prices established in the contracts authorized by this Act, House Bill No. 216:
whether the person so advertising and selling is or is not A bill to be entitled An Act to provide for the nomination
a party to such contract", by amending Section 6 thereof of candidates of the various National political parties for
so as to provide for a cancellation of license of any person, National, State, District, County and Precinct offices and
firm, or corporation three times adjudged liable for unfair to provide for the names of such candidates to be printed
competition. upon the official ballots.
Which was read the first time by its title and referred to Which was read the first time by its title and referred to
the Committee on Judiciary "A." the Committee on Elections.
By Mr. Brackin of Okaloosa- By Messrs. Bailey and Gray of Bay-
House Bill No. 211: House Bill No. 217:
A bill to be entitled An Act for the relief of Mrs. Rebecca A bill to be entitled An Act providing for the registration
Green, and providing appropriation for injuries and dam- of all voters in Bay County, Florida who desire to participate
ages sustained by the loss of her husband, J. Bascom Green, in primary, general and special elections to be held in said
whose death on February 20, 1928, was caused by the caving County in the year 1942 and subsequent years; prescribing
in of the walls of clay pit while hwas at work for the the method of such registration, and providing for the pay-
State Road Department of the State of Florida. meant of the expense thereof.
Which was read the first time by its title and referred to Which Bill was read the first time by its title and had
the Committee on Claims. attached to same when introduced in the House of Repre-
By Mr. Beck of Palm Beach- sentatives, (he following proof of publication, which was
House Bill No. 212: ordered to be entered in full upon the Journal of the House
of Representatives:
A bill to be entitled An Act amending Section 3484 Revised
General Statutes of 1920, also known as Section 5337, AFFIDAVIT OF PROOF OF PUBLICATION
Compiled General Statutes of Florida, 1927, providing for STATE OF FLORIDA,
proceeding in replevin when defendant cannot be personally C T A.
served. COUNTY OF BAY.
served.
Which was read the first time by its title and referred to Before me, the undersigned authority, personally appeared
the Committee on Judiciary "B." Bradeh Ball, a publisher, who, on oath, does solemnly swear
that he has knowledge of the matters stated herein; that
By Messrs. Yaeger of Leon, and Simpson of Jefferson- a notice stating the substance of a contemplated law or
House Bill No. 213: proposed bill relating to: Providing for the registration of all
voters in Bay County, Florida, has been published at least
A bill to be entitled An Act to require all persons licensed thirty (30) days prior to this date by being printed in the
to practice chiropractic in the State of Florida to renew issue of March 12th, 1941, of the Panama City News-Herald,
annually their licenses with the State Board of Chiropractic a newspaper published in Bay County, Florida, where the
Examiners; to provide for the conditions upon which re- matter or thing to be affected by the contemplated law is
newal of licenses shall be issued and requirements pre- situate; that a copy of the notice that has been published,
requisite to the granting of such renewal of licenses; to as aforesaid, and also his affidavit of proof of publication are
provide for notice to be given licensees under said Board attached to the proposed bill or contemplated law, and such
of the provisions and requirements of this Act; to provide copy of the notice so attached is by reference made a part
for the forfeiture of licenses to practice chiropractic in of thi nffi cevitr
the State of Florida for failure to comply with the pro- s a avi.
visions of this Act, and to prescribe requirements for the BRADEN BALL.
restoration of such forfeited licenses. Sworn to and subscribed before me this 12th day of March,
Which was read the first time by its title and referred to A. D., 1941.
the Committee on Public Health. LOU ELLA KELLEY,
S(Seal) Notary Public State of Florida at Large.
By Messrs. Yaeger of Leon, and Simpson of Jefferson-- My Commission expires Sept. 15, 1941.
House Bill No. 214: -And the House of Representatives thereupon determined
A bill to be entitled An Act to amend Section 3 of Chapter that the notice and evidence thereof required by Section 21
17764 of the Acts of 1937, the same being Section 12 of of Article III of the Constitution, has been established in this
Chapter 9330, Laws of Florida, Acts of 1923, the same being Legislature.
Section 3446 of the Compiled General Laws of Florida for House Bill No. 217 was placed on the calendar of Local
1927; by redefining chiropractic: by adding additional regu- Bills on Second Reading.

April 16, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 69

By Mr. Perry of Sarasota- By Messrs. Sheldon and McDonald of Hillsborough-
House Bill No. 218: House Bill No. 225:
A bill to be entitled An Act to prohibit the sale, offering or A bill to be entitled An Act requiring the Board of
exposing for sale of fireworks; defining fire works and to County Commissioners of Hillsborough County, Florida, to
regulate the manner of using fireworks, and to provide pen- pay over to the Board of Public Instruction of said county,
alties for the violation of the provisions of this Act. to become a part of the county school fund of said county,
Which was read the first time by its title and referred to all monies hereafter allocated or distributed to said county
the Committee on Public Health. from any or all excise taxes now levied and collected or
hereafter levied and collected by the State of Florida from
By Messrs. Croft of Lafayette, and Getzen of Sumter- the operation of pari mutual pools, including all monies
House Bill No. 219: resulting from Chapter 14832, Laws of Florida, Acts of 1931,
A bill to be entitled An Act requiring all persons, firms, cor- and all Acts amenatory thereof and supplemental thereto.
portions or associations owning or operating markets for the Which Bill was read the first time by its title and had at-
sale of livestock to make and keep a record of the marks and tached to same when introduced in the House of Representa-
brands of all animals purchased or sold or offered for sale at tives, the following proof of publication, which was ordered
stock markets and the names and addresses of the person or to be entered in full upon the Journal of the House of Rep-
persons from whom such purchases are made and for whom resentatives:
such sales are made and prescribing a penalty for failure to
keep such records. AFFIDAVIT OF PROOF OF PUBLICATION
Which was read the first time by its title and referred to STATE OF FLORIDA,
the Committee on Livestock. COUNTY OF HILLSBOROUGH.
By Mr. Lewis of Gulf- Before me, the undersigned authority, personally appeared
House Bill No. 220: Ralph Nicholson who, on oath, does solemnly swear that
House Bil No. 2 he has knowledge of the matters stated herein; that a notice
A bill to be entitled An Act transferring and making avail- stating the substance of a contemplated law or proposed bill
able to the General Revenue Fund of the State the proceeds relating to: Application for Local or Special Law has been
derived from sales of lands by the State of Florida, through published at least thirty (30) days prior to this date by being
the Trustees of the Internal Improvement Fund pursuant to printed in the issue of March 5, 1941, of the Tampa Daily
Section 9 of the Murphy Act, being Chapter 18296, Laws of Times, a newspaper published in Hillsborough County, Flor-
Florida, Acts of 1937. ida, where the matter or thing to be affected by the con-
Which was read the first time by its title and referred to templated law is situate; that a copy of the notice that has
the Committee on Finance & Taxation. been published, as aforesaid, and also this affidavit of proof
of publication are attached to the proposed bill or contem-
By Messrs. Overstreet, Holt and Wiseheart of Dade- plated law, and such copy of the notice so attached is by
House Bill No. 221: reference made a part of this affidavit.
A bill to be entitled An Act to repeal Section 24 of Chapter RALPH NICHOLSON.
17176 of the General Acts of 1935 known as "The Public Works Sworn to and subscribed before me this 5th day of March,
Act of 1935," as amended by Chapter 18070, General Acts of A. D. 1941.
1937, and Chapter 19474, General Acts of 1939. (Seal)
Which was read the first time by its title and referred to RUSSELL D. GIST,
the Committee on Judiciary "A." Notary Public State of Florida at Large.
By Messrs. Overstreet, Holt and Wiseheart of Dade- My Commission expires Sept. 28, 1942.
And the House of Representatives thereupon determined
House Bill No. 222: that the notice and evidence thereof required by Section 21
A bill to be entitled An Act to amend Section 10 of Chap- of Article III of the Constitution, has been established in
ter 17899 of the Laws of Florida, entitled "An Act relating this Legislature.
to general, special and primary elections, registration of House Bill No. 225 was placed on the Calendar of Local
voters, the duties of the Supervisor of Registration, and Bills on Second Reading.
district registration officers, the payment of poll tax, elec-
tion districts or precincts, the duties of the Board of County COMMITTEE REPORTS
Commissioners with reference to general, special and primary April 15th, 19
elections, and other matters relating thereto in all counties April 15th, 1941.
of the State wherein voting machines shall be used," by Mr. Jenkins, Chairman of the Committee on Building &
increasing from one thousand to two thousand four hundred Loan Associations, reported that the Committee had care-
the maximum number of qualified voters in any election fully considered the following bill and recommends that it
district or precinct. do pass with amendment.
Which was read the first time by its title and referred to House Bill No. 109:
the Committee on Elections. A bill to be entitled An Act to amend Section 10 of Chap-
ter 11865 of the Laws of Florida, Acts of 1927, entitled "An
By Messrs. Overstreet, Holt and Wiseheart of Dade- Act amending Sections 1, 2, 3, 7, 8, 9, 10, 11, 12, 14, 15, 16,
House Bill No. 223: 17, 18, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, and 33
A bill to be entitled An Act fixing the compensation of of Chapter 10028, Acts of 1925, Laws of Florida, relating to
county commissioners, in all counties in the State of Florida building and loan associations.
having a population of more than 250,000, according to the Amendment No. 1:
last preceding State or Federal census. In Section One line eight of the bill after the words
Which was read the first time by its title and referred to "stockholders or" strike out the words "board of directors
the Committee on Census & Apportionment. and" and at the end of line 10 of said section, strike out
By Mr. Wiseheart of Dade the period, and insert in lieu thereof the following: "but
By M. Wiseheart of Dade-same shall be approved by resolution of the. board of
House Bill No. 224: directors."
A bill to be entitled An Act authorizing, empowering and Committee vote was as follows:
directing the State of Florida, through the trustees of the
Internal Improvement Fund, to sell to any municipality Yeas-Messrs. Jenkins, Dowda, Best, Getzen, Gray, Gil-
any lands which were municipally owned prior to being lespie, Graves, Scales, Smith, Williams.
vested in the State of Florida, pursuant to Chapter 18296, Nays-None.
Acts of 1937; providing for proof by the Clerk of the Circuit Very respectfully,
Court in the respective counties showing municipal own- JOE C. JENKINS,
ership at the time of requesting conveyance to said munici- Chairman of Committee.
pality by the State of Florida. And House Bill No. 109, contained in the above report,
Which was read the first time by its title and referred to together with Committee Amendment thereto, was placed
the Committee on Judiciary "A." on the Calendar of Bills on second reading.

70 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 16, 1941

April 15th, 1941. House Bill No. 5:
Mr. Overstreet, Chairman of the Committee on Motor A bill to be entitled An Act to authorize Housing Author-
Vehicles and Carriers, reported that the Committee had ities to undertake the development or administration of
carefully considered the following bills and recommends that projects to assure the availability of safe and sanitary dwell-
do not pass. ings for persons engaged in National Defense activities who
House Bill No. 125: would not otherwise be able to secure such dwellings within
the vicinity thereof; to limit the initiation of the develop-
A bill to be entitled An Act relating to' and fixing the ment of such projects until December 31, 1943; to authorize
liability of persons for the negligent or wrongful operation Housing Authorities to cooperate with or act as agent of the
of motor vehicles within the State of Florida. Federal Government in the development and administration
Committee vote was as follows: of such projects of the Federal Government, to acquire or
Yeas-Messrs. Allen, Burks, Cawthon, Jenkins, Lane, Ve6 lease such projects and to sell certain projects to the Federal
eagg aee Government; to authorize public bodies to assist such proj-
saggi and Overstreet. ects of Housing Authorities and of the Federal Government;
Nays-Messrs. Hosford, Boyd, Butt, Clements of Colum- to make obligations issued for such projects of Housing Au-
bia, Getzen, Graves, Junkin, Leonardy, Morrow, Murray, thorities legal investments and security for deposits; and to
Smith, Thomas and Vathis. declare valid all bonds, notes and obligations of Housing
Absent-Mr. Toland. Authorities issued for projects heretofore undertaken to
Very respectfully, assure the availability of safe and sanitary dwellings for
H. EARNEST OVERSTREET, persons engaged in National Defense activities.
Chairman of Committee.
And House Bill No. 125, contained in the above report, Committee vote was as follows:
was laid on the table under the rules. Yeas-Messrs. Jenkins, Dowda, Best, Getzen, Gray, Gil-
lespie, Graves, Smith and Williams.
April 15th, 1941. Nays-None.
Mr. Overstreet, Chairman of the Committee on Motor Absent-Mr. Scales.
Vehicles and Carriers, reported that the Committee had Very respectfully,
carefully considered the following bills and recommends that JOE C. JENKINS,
it do pass, as amended. Chairman of Committee.
House Bill No. 131: And House Bill No. 5, contained in the above report, was
A bill to be entitled An Act to amend Section 1018 of the placed on the Calendar of Bills on second reading.
Revised General Statutes of Florida, relating to the operation April 16 1941
of motor vehicles, trailers, semi-trailers and motorcycle side April 16,
cars, by directing the Motor Vehicle Commissioner to select Mr. Jenkins, Chairman of the Committee on Building &
and place on all number plates a slogan or emblem, which Loan Associations, reported that the Committee had care-
in his opinion will advertise the resources, advantages, his- fully considered the following bill and recommends that it
tory and development of the State of Florida. do pass, with amendments.
House Bill No. 6:
Amendment No. 1: A bill to be entitled An Act to amend Chapter 17,981,
Strike out the first page of said bill. Laws of Florida, Acts of 1937, entitled "An Act to declare
Committee vote was as follows: the necessity of creating public bodies corporate and politic
essrs. Hosfor Alen Boy s to be known as Housing Authorities to undertake slum clear-
Yeas-Messrs. Hosford Alen, Boyd, Burks Butt, Cawthon, ance and projects to provide dwelling accommodations for
Clements of Columbia, Getzen, Jenkins, Junkin, Lane, Leon- persons of low income; to create such Housing Authorities
ardy, Morrow, Murray, Smith, Toland and Overstreet. in cities having a population of more than 5,000; to define
Nays-None. the powers and duties of Housing Authorities and to provide
Absent-Messrs. Graves, Thomas, Vathis and Versaggi. for the exercise of such powers, including acquiring property,
Very respectfully, borrowing money, issuing debentures and other obligations,
H. EARNEST OVERSTREET, and giving security therefore; to provide that Housing Au-
Chairman of Committee. thorities may obtain validation of their obligations and pro-
And House Bill No. 131, contained in the above report, ceedings; and to confer remedies on obligee of Housing
together with Committee Amendment thereto, was placed Authorities", as amended by Chapter 19,510, Laws of Florida,
on the Calendar of Bills on second reading. Acts of 1939, by adding thereto the following sections to be
designated and known as Sections 27, 28, 29, 30, 31, 32, 33
April 16, 1941. and 34 to create Housing Authorities for counties and to
Mr. Jenkins, Chairman of the Committee on Building & provide for the organization of such authorities, to authorize
Loan Associations, reported that the Committee had care- the creation and organization of Regional Housing Author-
fully considered the following bill and recommends that it ities by groups of Counties, to define the powers, duties and
do pass. area of operation of such Housing Authorities, to provide for
House Bill No. 4: the appointment of Commissioners of such Housing Author-
ities and to authorize such Housing Authorities to provide
A bill to be entitled An Act to declare valid and legal the housing for farmers of low income.
establishment and organization of Housing Authorities in
the State of Florida under the provisions of the Housing Amendment No. 1:
Authorities Law, and all contracts, bonds, notes, agreements, Strike out the title and insert in lieu thereof the fol-
obligations and undertakings of such Housing Authorities, lowing: An Act relating to rural housing, to create housing
and all proceedings, acts and things heretofore undertaken, authorities for counties and to provide for the organization
performed or done with reference thereto. of such authorities, to authorize the creation and organi-
Committee vote was as follows: zation of Regional Housing Authorities by groups of counties,
Y asMessrs. nkins, n wda Best, pGetzen, Gray, Gil- to define the powers, duties and area of operation of such
Yeas-Messs. Jenks Dowda Best, housing authorities, to provide for the appointment of com-
lespie, Graves, Smith and Williams. missioners of such housing authorities and to authorize such
Nays-None. Scales. housing authorities to provide housing for farmers of low
Absent-Mr caes. income and to provide that the provisions of Chapter 17,981,
Very respectfully, Laws of Florida, Acts of 1937, entitled "An Act to declare
JOE C. JENKINS, the necessity of creating public bodies corporate and politic
Chairman of Committee. to be known as housing authorities to undertake slum clear-
And House Bill No. 4, contained in the above report, was ance and projects to provide dwelling accommodations for
placed on the Calendar of Bills on second reading. persons of low income; to create such housing authorities
in cities having a population of more than 5,000; to define
April 16, 1941. the powers and duties of housing authorities and to provide
Mr. Jenkins, Chairman of the Committee on Building & for the exercise of such powers, including acquiring property,
Loan Associations, reported that the Committee had care- borrowing money, issuing debentures and other obligations,
fully considered the following bill and recommends that it and giving security therefore; to provide that housing au-
do pass. thorities may obtain validation of their obligations and

April 16, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 71

proceedings; and to confer remedies on obligee of housing row, Murray, Smith, Thomas, Vathis, Versaggi and Over-
authorities", as amended by Chapter 19,510, Laws of Florida, street.-
Acts of 1939, shall apply to this Act except when in conflict, Nays-None.
herewith. Absent-Mr. Toland.
Excused-Mr. Burks.
Amendment No. 2:
SVery respectfully,
In Section One of the bill strike out all of first paragraph H. EARNEST OVERSTREET,
and insert in lieu thereof; Chairman of Committee.
Section 1. That Chapter 17,981, Laws of Florida, Acts of And House Bill No. 120, contained in the above report,
1937, as amended by Chapter 19,510, Laws of Florida, Acts was placed on the Calendar of Bills on second reading.
of 1939, known as the "Housing Authorities Law of Florida,
as amended" shall apply hereto in so far as such provisions April 15th, 1941.
are applicable and aren't in conflict with the provisions Mr. Overstreet, Chairman of the Committee on Motor
hereof. There is hereby enacted an Act which may be Vehicles and Carriers, reported that the Committee had
referred to as the "Rural Housing Authorities Law of carefully considered the following bill and recommends that
Florida", as follows: it do pass.
Amendment No. 3: House Bill No. 121:
In Section One, Sub-section 27, after the figure 4 as it A bill to be entitled An Act providing for the recording
first appears in said sub-section, strike out the words "of in the office of the Motor Vehicle Commissioner of a notice
this Housing Authorities Law" and insert in lieu thereof of all liens for purchase money or as security for debts on-
the following: Of Chapter 17981, Laws of Florida, Acts of motor vehicles: providing that no such lien shall be enforce-
1937, as amended by Chapter 19510, Laws of Florida, Acts able unless such notice has been recorded in such office;
of 1939." authorizing the Motor Vehicle Commissioner to make rules
and regulations for the enforcement of this Act and prepare
Amendment No. 4': forms and books for such recording; providing the amount
In Section 33, line 10, at end of section insert the fol- of fees to be charged; providing for the satisfaction of such
lowing: "Provided, however, that if it becomes necessary liens; providing for the cancellation of such liens upon
for an applicant under this paragraph to convey any por- payment and penalties for failure to cancel such liens upon
tion of his then homestead in order to take advantages payment.
as provided herein, then in that event, the parting with
title to a portion of said homestead shall not affect the Committee vote was as follows:
remaining portion of same, but all rights that said owner Yeas-Messrs. Hosford, Allen, Boyd, Burks, Butt, Cawthon,
may have in and to same under and by virtue of the Con- Clements of Columbia, Getzen, Graves, Jenkins, Junkin, Lane,
stitution of the State of Florida or any law passed pursuant Leonardy, Morrow, Murray, Smith, Thomas, Vathis and Over-
thereto, shall be deemed and held to apply to such re- street.
mining portion of said land, the title of which remains in Nays-None.
said applicant; it being the intention of the Legislature to Absent-Messrs. Toland and Versaggi.
permit the owner of any farm operated or worked upon Very respectfully,
by farmers of low income in need of safe and sanitary H. EARNEST OVERSTREET,
housing to take advantage of the provisions of this Act Chairman of Committee.
without jeopardizing their rights in their then homestead
by reason of any requirement that may be necessary in And House Bill No. 121, contained in the above report,
order for them to receive the benefits herein provided was placed on the Calendar of Bills on second reading.
and no court shall ever construe that an applicant who has April 15th, 1941
taken advantage of this Act has in any manner, shapeverstreet, Chairman of the Comitee on.
or form abandoned his rights in any property that is his Mr. Overstreet, Chairman of the Committee on Motor
then homestead by virtue of such action upon his part, but Vehicles and Carriers, reported that the Committee had
it shall be held, construed and deemed that such action carefully considered the following bill and recommends that
upon the part of any applicant hereunder was not any it do pass.
abandonment of his then homestead, and that all rights House Bill No. 122:
that he then had therein shall be and remain as provided A bill to be entitled An Act providing that no motor
by the Constitution any law enacted pursuant thereto. vehicle shall be offered for sale, sold or exchanged which
Committee vote was. as follows: has been in taxi cab, U-Drive-It or for hire service unless
ms ow s the certificate of title has stamped upon it that such motor
Yeas-Messrs. Jenkins, Dowda, Best, Getzen, Gray, Gil- vehicle has been in such service and unless a notice is also
lespie, Graves, Smith and Williams. affixed to the windshield of such motor vehicle that it has
Nays-None. been in such service, and providing penalties for the violation
Absent-Mr. Scales. hereof.
Very respectfully,
JOE C. JENKINS, Committee vote was as follows:
Chairman of Committee. Yeas-Messrs. Allen, Boyd, Burks, Butts, Cawthon, Clem-
And House Bill No. 6, contained in the above report, ents, Getzen, Jenkins, Junkin, Lane, Leonardy, Morrow,
together with Committee Amendments thereto, was placed Murray, Smith, Toland and Overstreet.
on the Calendar of Bills on second reading. Nays-None.
Absent-Messrs. Hosford, Graves, Thomas, Vathis and
April 15th, 1941. Versaggi.
Mr. Overstreet, Chairman of the Committee on Motor Very respectfully,
Vehicles and Carriers, reported that the Committee had H. EARNEST OVERSTREET,
carefully considered the following bill and recommends that Chairman of Committee.
it do pass. And House Bill No. 122, contained in the above report,
House Bill No. 120: was placed on the Calendar of Bills on second reading.
A bill to be entitled An Act providing for the registration April 15, 1941.
and licensing of manufacturers, factory branches and factory
representatives of motor vehicles: setting forth reasons for Mr. Strayhorn, Chairman of the Committee on Judiciary
the denial, suspension or revocation of licenses: providing for B reported that the Committee had carefully considered
the denial, suspension or revocation of such licenses: au- the following bill and recommends that it do pass.
thorizing the Motor Vehicle Commissioner to make rules House Bill No. 24:
and regulations, and providing for the enforcement of this A bill to be entitled An Act to authorize the filing, in-
Act and penalties for the violation therefore. dexing and recording of certified copies of petitions com-
mencing proceedings under the Bankruptcy Act of the
Committee vote was as follows United States, decrees of adjudication in such proceedings,
Yeas-Messrs. Hosford, Allen, Boyd, Butt, Cawthon, Clem- and orders approving bonds of trustees appointed in such
Scents, Getzen, Graves, Jenkins, Junkin, Lane, Leonardy, Mor- proceedings;- to make it the duty cf the clerks of the ,

72 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 16, 1941

Circuit Courts to file index and record such copies; and liability of the race track licensee relative thereto and making
to provide fees for such filing, indexing and recording. same a part of the "Old Age Assistance Fund" when collected.
Committee vote was as follows: And respectfully requests the concurrence of the House
Committee vote was -as follows:,
therein.
Yeas-Messrs. Beck, Carswell, Gillespie, McDonald, Priest, Very respectfully,
Rivers, Shafer and Wiseheart. ROBT. W. DAVIS,
Nays-Messrs. Dowda and Strayhorn. Secretary of the Senate.
K Very respectfully, And Senate Bill No. 34 contained in the above message, was
GUY M. STRAYHORN, read the first time by its title and was referred to the Com-
Chairman of Committee. mittee on Finance & Taxation.
And House Bill No. 24, contained in the above report,
was placed on the Calendar of Bills on second reading. HOUSE BILLS OF A GENERAL NATURE ON
SECOND READING
April 15, 1941. House Bill No. 72:
Mr. Strayhorn, Chairman of the Committee on Judiciary A bill to be entitled An Act to remove from the titles to
"B", reported that the Committee had carefully considered real estate the clouds of unperformed contracts of record.
the following bill and recommends that it do pass. Was taken up.
House Bill No. 103:
A bill to be entitled An Act to designate the General Library Mr. Holt moved that the rules be waived and House Bill No.
"of the University of Florida as a State Depository of Public 72 be read a second time by its title.
Documents, to provide for furnishing it said documents, and to Which was agreed to by a two-thirds vote.
authorize and instruct it to exchange said documents and to And House Bill No. 72 was read a second time by its title.
supply certain material to the Law Library of the University
of Florida. Mr. Holt moved that the rules be further waived and that
House Bill No. 72 be read a third time in full and placed upon
Committee vote was as follows: its passage.
Yeas-Messrs. Beck, Carswell, Dowda, Gillespie, Jenkins. Which was agreed to by a two-thirds vote.
McDonald, Priest, Rivers, Shafer, Wiseheart and Strayhorn. And House Bill No. 72 was read a third time in full.
Nays-None.
Very respectfully, When the vote was taken on the passage of House Bill No.
GUY M. STRAYHORN, 72, the result was:
Chairman of Committee. Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers,
And House Bill No. 103, contained in the above report, Bailey, Beck. Bennett, Best, Bonifay, Boyd, Brackin, Brady,
was placed on the Calendar of Bills on second reading. Bryan, Burks, Burwell, Carroll, Carswell, Cawthon, Chavous,
Clark, Clement (Pinellas), Clements (Columbia), Commander,
April 15, 1941. Cook, Crary, Croft, Davis, Dixon, Dowda. Driggers, Dugger,
Mr. Strayhorn, Chairman of the Committee on Judiciary Dunham, Getzen, Gillespie, Graves, Gray, Harrell, Harris,
"B," reported that the Committee had carefully considered (Alachua), Harris (Pinellas), Hatch, Helie, Hendry, Holt,
the following bill and recommends that it do pass: Horrell, Hosford, Inman, Jenkins, Johnson, Junkin, Lambe,
House Bill No. 61: Lane, Lanier, Leaird, Leedy, Leonardy, Littlefield, Luckie,
A bill to be entitled An Act to amend Section 4846 Revised McDonald, McLane, Middleton, Morrow, Murray, Overstreet,
General Statutes of Florida, the same being Chapter 6932 Peeples, Perry, Potter, Priest, Riddles, Rivers. Rogers, Safford,
Compiled General Laws 1927 as amended by Section 1, Chapter Scales, Shafer, Shave, Sheldon, Shivers, Simpson, Slappey,
16067, Acts of 1933, relating to Legal Holidays. Smith, Strayhorn, Thomas, Toland, Turner, Vathis, Versaggi,
Williams, Wiseheart, Wotitzky, Yaeger-90.
Committee vote was as follows: Nays-None.
Yeas-Messrs. Beck, Carswell, Dowda, Gillespie, McDonald, So House Bill No. 72 passed, title as stated.
Priest, Rivers, Shafer, Wiseheart and Strayhorn.tt te r s be f
Nays-None. Mr. Holt moved that the rules be further waived and that
Very Respectfully House Bill No. 72 be immediately certified to the Senate.
GUY M. STRAYHORN, Which was agreed to by a two-thirds vote.
Chairman of Committee. And House Bill No. 72 was ordered immediately certified
And House Bill No. 61, contained in the above report, was to the Senate.
placed on the Calendar of Bills on Second reading. And-
Mr. Andrews moved that the rules be waived and House Bill House Bill No. 32:
No. 43, which had been reported favorably by the Committee A bill to be entitled An Act to repeal Sections 1425 to 1442
on Judiciary "A," be withdrawn from the Calendar and re- inclusive of the Revised General Statutes of Florida, 1920,
committed to the Committee on Judiciary "A." being Sections 2079 to 2096 inclusive of the Compiled General
Which was agreed to by two-thirds vote. Laws of Florida, 1927, and being Chapter 7292, Laws of Flor-
And it was so ordered. ida, Acts of the 1917 session of the Legislature, entitled. "An
Act to provide for the organization, equipment and mainten-
MESSAGES FPROM THE SENATE ance of county guards, to prescribe its powers, duties and
The following message from the Senate was received and regulations, to provide for its maintenance, its terms of ser-
read: vice, and prescribing the duties of the County Commissioners
SENATE CHAMBER in relation thereto."
Tallahassee, Florida, April 15, 1941. Was taken up.
Honorable Dan McCarty, Mr. Holt moved that the rules be waived and House Bill
Speaker of the House of Representatives, No. 32 be read a second time by its title.
Sir: Which was agreed to by a two-thirds vote.
I am directed by the Senate to inform the House of Repre- And House Bill No. 32 was read a second time by its title.
sentatives that the Senate has passed-
S Mr. Holt moved that the rules be further waived and that
By Senators Cooley, Kanner, Lewis, Rose, Shepherd, Hinely, House Bill No. 32 read a third time in full and placed upon
Perdue, Butler, Adams (30th), King, Collins, Graham, Shands, its passage
Clarke, Maddox, Maines, Taylor. McKenzie, Lindler, Ward, psae
Wilson, Beal, Shuler, Polks- Which was agreed to by a two-thirds vote.
And House Bill No. 32 Wvas read a third time in full.
Senate Bill No. 34:
A Bill to be entitled An Act levying a tax upon horse track When the vote was taken on the passage of the bill the
pari-mutuel pools equal to the amount of said pool neither result was:
paid as a commission nor redistributed to the contributors, Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers,
otherwise known as the "breaks." Prescribing the duty and Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady,

April 16, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 73

Bryan, Burwell, Carroll, Carswell, Chavous, Clements (Colum- of 1927, being the same as Section 4668 of the Compiled Gen-
bia), Commander, Cook, Crary, Croft, Davis, Dixon, Dowda, eral Laws of Florida, 1927.
Driggers, Dugger, Dunham, Getzen, Gillespie, Graves, Gray, Was taken up.
Harrell, Harris (Alachua), Harris (Pinellas), Hatch, Helie,
Hendry, Holt, Horrell, Inman, Jenkins, Johnson, Junkin, Mr. Wotitzky moved that the rules be waived and House
Lambe, Lane, Lanier, Leaird, Leedy, Leonardy, Littlefield, Bill No. 102 be read a second time by its title.
Luckie, McDonald, McLane, Middleton, Minshall, Morrow, Which was agreed to by a two-thirds vote.
Murray, Overstreet, Peeples, Perry, Potter, Priest, Riddles, And House Bill No. 102 was read a second time by its title.
Rivers, Rogers, Safford, Scales, Shafer, Shave, Sheldon,
Shivers, Simpson, Slappey, Smith, Strayhorn, Stewart, Thomas, Amendment No. 1:
Toland, Turner, Vathis, Versaggi, Williams, Wiseheart, Wo- The Committee on Public Printing offered the following
titzky, Yaeger-87. amendment to House Bill No. 102:
Nays-None. Insert the following: Section 2 (a) The provisions of this
So House Bill No. 32 passed, title as stated. Act, however, shall not be construed as in any wise affecting
the provisions of law concerning the publication of delinquent
Mr. Holt moved that the rules be further waived and that tax lists
House Bill No. 32 be immediately certified to the Senate.
Which was agreed to by a two-thirds vote. Mr. Wotitzky moved the adoption of the amendment.
And House Bill No. 32 was ordered immediately certified Which was agreed to.
to the Senate. And the amendment was adopted.
And- Amendment No. 2:
House Bill No. 27: Mr. Lewis, of Gulf, offered the following amendment to
A bill to be entitled An Act to regulate the labeling, trans- House Bill No. 102:
portation, sale, and offering for sale, of agricultural and vege- Strike out the enacting clause.
table seeds; to prevent misrepresentations thereof; providing
for the enforcement hereof and repealing Chapter 19364, Laws Mr. Lewis moved the adoption of the amendment.
of Florida, Acts of 1939, and all laws in conflict herewith. Pending consideration thereof.
Was taken up. Mr. Crary moved that the amendment be laid on the table.
Mr. Simpson moved that the rules be waived and House Bill Which was agreed to, and the amendment was laid on
No. 27 be read a second time by its title. the table.
Which was agreed to by a two-thirds vote. Mr. Wotitzky moved that the rules be further waived
And House Bill No. 27 was read a second time by its title, and House Bill No. 102, as amended, be read a third time in
Amendment No. 1: full and placed upon its passage.
The Committee on Agriculture offered the following amend- Which was agreed to by a two-thirds vote.
ment to House Bill No. 27: And House Bill No. 102, as amended, was read the third
In Section 4, sub-section A, after the words "It shall be time in full.
unlawful for any person to" insert the word "knowingly" Pending vote on the passage of the bill-
before the word "transport." Mr. Wotitzky moved that further consideration of House
Mr. Simpson moved the adoption of the amendment. Bill No. 102 be postponed and that it be made a special and
Which was agreed to. continuing order of business for 12:00 o'clock Noon, tomorrow.
Which was agreed to.
And the amendment was adopted. Which was agreed to.
And it was so ordered.
Mr. Simpson moved that the rules be further waived and
House Bill No. 27, as amended, be read a third time in full Mr. Jenkins asked unanimous consent of the House to now
and placed upon its passage. take up and consider House Bills Nos. 4, 5 and 6 out of their
Which was agreed to by a two-thirds vote. regular order.
And House Bill No. 27, as amended, was read the third Which was given.
time in full. And-
When the vote was taken on the passage of House Bill No. House Bill No. 4:
27, as amended, the result was: A bill to be entitled An Act to declare valid and legal the
Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers, establishment and organization of Housing Authorities in
Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, the State of Florida under the provisions of the Housing
Bryan, Burks, Burwell, Butt, Carroll, Carswell, Cawthon, Authorities Law, and all contracts, bonds, notes, agreements,
Chavous, Clark; Clement (Pinellas), Clements (Columbia), obligations and undertakings of such Housing Authorities,
Commander, Cook, Crary, Croft, Dixon, Dowda, Driggers, and all proceedings, acts and things heretofore undertaken,
Dugger, Dunham, Getzen, Gillespie, Graves, Gray, Harrell, performed or done with reference thereto.
Harris (Alachua), Harris (Pinellas), Hatch, Helie, Hendry, Was taken up.
Holt, Horrell, Hosford, Inman, Jenkins, Johnson, Junkin,
Lambe, Lane, Lanier, Leaird, Leedy, Leonardy, Lewis, Luckie, Mr. Jenkins moved that the rules be waived and House Bill
McLane, Middleton, Minshall, Morrow, Murray, Overstreet, No. 4 be read a second time by its title.
Peeples, Potter, Priest, Riddles, Rivers, Rogers, Safford, Scales, Which was agreed to by a two-thirds vote.
Shafer, Shave, Sheldon, Shivers, Simpson, Slappey, Smith, And House Bill No. 4 was read a second time by its title.
Stewart, Thomas, Toland, Turner, Vathis, Versaggi, Williams,
Wiseheart, Wotitzky, Yaeger-89. Mr. Jenkins moved that the rules be further waived and
.Nays-None. that House Bill No. 4 be read a third time in full and placed
So House Bill No. 27 passed, as amended. upon its passage.
And the same was ordered referred to the Committee on Which was agreed to by a two-thirds vote.
Engrossed Bills. And House Bill No. 4 was read a third time in full.
Pending vote on the passage of the bill:
oAnd-e 1Mr: Jenkins moved that further consideration of House
Bills Nos. 4, 5 and 6 be made a special order of business imme-
A bill to be entitled An Act relating to the publication of diately following final disposition of the Special Order set
official public notices and legal advertisements and the for 12:00 o'clock Noon today.
amounts to be charged therefore: amending section 2944 of the
Revised General Statutes of Florida of 1920, being the same as Mr. Horrell moved that the motion by Mr. Jenkins be laid
Section 3 of Chapter 3022, Laws of Florida, Acts of 1877, as on the table.
amended by Section 1 of Chapter 12215, Laws of Florida, Acts Which was not agreed to.

74 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 16, 1941

The question then recurred on the motion by Mr. Jenkins The question recurred on the passage of Committee Substi-
that House Bills Nos. 4, 5 and 6 be made a special order of tute for House Bill No. 579 of the Regular Session of 1939, the
business immediately following final disposition of the special Governor's Veto to the contrary notwithstanding.
order set for 12:00 o'clock Noon today.
Which was agreed to. When the vote was taken on the passage of Committee Sub-
And it was so ordered. stitute for House Bill No. 579 of the regular Session of 1939,
the Veto of the Governor to the contrary notwithstanding,
Mr. Jenkins called a point of order that the hour of 12:00 the result was:
o'clock had arrived and it was time to take up and consider Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers,
the special and continuing order of business set for that hour. Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady,
Bryan, Burks, Burwell, Butt, Carroll, Cawthon, Clark,
SPECIAL ORDER OF BUSINESS Clement (Pinellas), Clements (Columbia), Commander, Cook,
120 o'Clk Noon Crary, Croft, Davis, Dixon, Dowda, Driggers, Dugger, Dun-
Committee Substitute for House Bill No. 579 (1939 Session): ham, Getzen, Gillespie, Graves, Gray, Harrell, Harris
An Act to prescribe the maximum weight, length and height (Alachua), Harris (Pinellas), Hatch, Helie, Hendry, Holt,
of certain motor vehicles operated on the public highways of Horrell, Inman:, Jenkins, Johnson, Junkin, Lambe, Lane,
the State of Florida, and relating to the operation of motor Leaird, Leonardy, Lewis, Littlefield, Luckie, McDonald, Mc-
vehicles, and placing a maintenance tax thereon. Lane, Middleton, Minshall, Morrow, Murray, Overstreet, Papy,
Was taken up together with the following Veto Message Peeples, Perry, Potter, Priest, Riddles, Rivers, Rogers, Saf-
from the Governor: ford, Shafer, Shave, Sheldon, Shivers, Simpson, Slappey,
Stae of F a Smith, Thomas, Toland, Turner, Vathis, Versaggi, Williams,
EXEC ateofV DE iMENT Wiseheart, Wotitzky, Yaeger-87.
EXECUTIVE: DEPARTMENT NaysMr. havous 1
Tallahassee, June 10th, 1939. Nays-Mr. Chavous-1.
Honorable R. A. Gray, So Committee Substitute for House Bill No. 579 of the
Secretary of State, Regular Session of 1939, passed by the required constitu-
Tallahassee, Florida. tional two-thirds vote of all members present in the House
Dear Mr. Gray: of Representatives, the Veto of the Governor to the con-
trary notwithstanding.
Pursuant to authority vested in me as Governor of Florida
under the provisions of Section 28, Article III of the Consti- Mr. Overstreet moved that the rules be waived and that
tution of this State, I transmit to you with my objections Committee Substitute for House Bill No. 579 of the Regular
thereto Committee Substitute for House Bill No. 579, entitled: Session of 1939 be immediately certified to, the Senate.
"An Act to prescribe the maximum weight, width, length Which was agreed to by a two-thirds vote.
and height of certain motor vehicles operated on the public And the same was ordered immediately certified to the
highways of the State of Florida, and relating to the opera- Senate.
tion of motor vehicles, and placing a maintenance tax thereon."
1. This bill raises the permissible weights of single trucks Mr. Holt moved that the rules be waived and that the
operated on State highways to 24,000 pounds and vehicles in House do now revert to the order of Senate Messages.
combination to 40,000 pounds. It also provides for ten per- Which was agreed to by a two-thirds vote.
cent overweight where the vehicle has six pneumatic tires in And it was so ordered.
contact with the road.
2. The State has more than $200,000,000 invested in its MESSAGE FROM THE SENATE
highways. A very high gas tax is being paid to build and
maintain the roads and bridges of the State. The Engineers The following message from the Senate was received and
of the State Road Department advise that many bridges on read:
the main highways are not able to withstand the increased SENATE CHAMBER
truck weights allowed under this bill. Tallahassee, Florida, April 1 941.
3. The roads are now being destroyed rapidly by heavy Honorable Dan McCarty,
trucks and if we are to maintain our roads for all vehicular Speaker of the House of Representatives,
travel, the most of which is in passenger vehicles there must Speake o the House o Representatives
be some reasonable limit to the weight of trucks as well as Sir:
limitations upon their speed. Many trucks run fifty and sixty I am directed by the Senate to inform the House of Rep-
miles per hour, never slowing down when crossing bridges. resentatives that the Senate has passed-
With the increased weights under this bill, these fast moving
trucks will wreck and destroy many of our outmoded bridges House Bill No. 1:
as well as tear up pavements of the road way, which were not A bill to be entitled An Act to regulate the purchase of
built to withstand same. wages, salaries or other compensation for services and the
4. It is now costing many thousands of dollars to keep the taking of assignments thereof where the consideration for
roads in repair and many of our present roads must be built the purchase or assignment shall be $300 or less, and to
in the next few years and with this added tonnage, it makes provide that such transactions shall, in the application of
the condition more serious. We should not do anything that all laws, civil or criminal, relating to, loans, interest charges
will add to the cost of road repair and construction especially or usury, be deemed loans secured by such assignments and
since there is a Legislative disposition to take away from the that the amount by which such assigned compensation shall
Road Department a large percentage of the revenue collected exceed the amount of the consideration actually paid there-
from the traveling public. for shall, in the application of such laws, be deemed in-
terest on the loan from the date of the payment for such
5. This bill fails to take into consideration the safety of erase on ther assignment untilfrom the date of the compensation
the traveling public. These large heavy trucks are a menace is purchase or assignment until the date such
to public safety and will be until we are able to widen our
highways sufficiently to properly safe-guard all classes of Also-
traffic. House Bill No. 29:
6. It is true that the bill places a maintenance tax on A bill to be entitled An Act to regulate the manufacture,
trucks of $50.00 after they exceed 18,000 pounds per single sale, distribution, use and possession of explosives; to require
unit and 40,000 pounds in combination but in my opinion the licenses to manufacture, deal in, and possess explosives, and
small amount of revenue that will be derived from this source fees for such licenses: providing for the appointment of a li-
will be entirely inadequate and of very little assistance in censing authority, and prescribing its powers and duties: re-
remedying the damage that will result from increasing the quiring reports and records from manufacturers and dealers
weight of trucks, therefore, I veto this bill, in explosives: prohibiting the distribution of explosives to un-
Respectfully submitted. licensed persons: providing for the revocation of licenses: pro-
FRED P. CONE, viding for an appeal from the decisions of the licensing au-
Governor. thority: prescribing penalties for violations of this act; au-
Which was read. thorizing the licensing authority to prescribe rules and regu-

April 16, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 75

lations under this act; and repealing acts and parts of acts in- Mr. Jenkins moved that the rules be further waived
consistent with this Act. and that House Bill No. 5 be read a third time in full
Very respectfully, and placed upon its passage.
ROBT. W. DAVIS, Which was agreed to by a two-thirds vote.
Secretary of the Senate. And House Bill No. 5 was read a third time in full.
And House Bill No. 1 contained in the above message, was Pending final passage of the bill-
referred to the Committee on Enrolled Bills. Mr. Morrow moved that the rules be waived and the
And House Bill No. 29 contained in the above message, time of adjournment be extended until final disposition had
was referred to the Committee on Enrolled Bills. been made of House Bill No. 5 and House Bill No. 6.
Mr. Jenkins called a point of order that the time had Which was agreed to by a two-thirds vote.
arrived for further consideration of House Bill No. 4. The question recurred on the final passage of House Bill
And- No. 5.
House Bill No. 4: When the vote was taken on the passage of House Bill
No. 5, the result was:
A bill to be entitled An Act to declare valid and legal the No. 5, athe result was:rw i e tt
establishment and organization of Housing Authorities in Yeas-Mr. Speaker; Messrs. Andrews, Bailey, Beck, Bennett,
establishment and organization of Housing Authorities in Best, Bonifay Brackin, Bry an, Burks, Burwell, Butt,
the State of Florida under the provisions of the Housing es, o s, ao n, h r, l k, e
Authorities Law, and all contracts, bonds, notes, agreements, Carroll, Carswell, Cawthon, Chavous, Clark, Clemeints (Ciolu
obligations and undertakings such Housing Authorities, bia), Commander, Cook, Crary, Croft, Dixon, Dowda, Driggers,
obligations and undertakings o uch Ho using Autorities, Dunham, Getzen, Gillespie, Gray, Harrell, Harris (Aachua)
and all proceedings, acts and things heretoore undertaken, Hatch, Helie, Hendry, Holt, Hosford, Inman, Jenkins, John-
performed or done with reference thereto, son, Lambe, Lane, Lanier, Leaird, Leonardy, Lewis, Little-
Pending on final passage, was taken up. field, Luckie, McDonald, McLane, Middleton, Morrow, Murray,
Overstreet, Papy, Peeples, Perry, Potter Priest, Riddles,
Mr. Horrell moved that further consideration of House Bill Rivers, Rogers, Safford, Shafer, Sheldon, Shivers, Simpson,
No. 4 be postponed and that it be made a special and con- Smith, Thomas, Toland, Turner, Vathis, Versaggi, Williams,
tinuing order of business for 11:00 o'clock tomorrow morning. Wiseheart, Wotitzky-76.
Which was not agreed to. Nays-Mr. Horrell-1.
The question then recurred on the final passage of House So House Bill No. 5 passed, title as stated.
l Bill No 4 .
BiN. 4. Mr. Jenkins moved that the rules be further waived and
When the vote was taken on the passage of House Bill that House Bill No. 5 be immediately certified to the Senate.
No. 4, the result was: Which was agreed to by a two-thirds vote.
Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Bailey, And House Bill No. 5 was ordered immediately certified
Beck, Best, Bonifay, Boyd, Brackin, Brady, Bryan, Burwell, to the Senate.
Butt, Carroll, Carswell, Chavous, Clark, Clement (Pinellas), Mr. Butt moved that consideration of House Bill No. 6 be
Clements (Columbia), Commander, Cook, Crary, Croft, Dixon, postponed and that it be made a special and continuing
Dowda, Driggers, Dugger, Dunham, Getzen, Gillespie, Graves, order of business for tomorrow morning at 11:00 o'clock.
Gray, Harrell, Harris (Alachua), Harris (Pinellas), Hatch, Which was agreed to.
Helie, Holt, Hosford, Inman, Jenkins, Johnson, Junkin, Lambe, A wi s .
Lane, Leaird, Leedy, Leonardy, Luckie, McDonald, McLane, And it was so ordered.
Middleton, Morrow, Murray, Overstreet, Papy, Peeples, Perry, COMMITTEE ON ENROLLED BILLS
Potter, Priest, Riddles, Rivers, Rogers, Safford, Shafer, Shave, REPORT OF JOINT COMMITTEE ON ENROLLED
Sheldon, Shivers, Simpson, Smith, Thomas, Toland, Turner, Mr. Dowda, of Putnam County, Chairman of the Joint
Vathis, Versaggi, Williams, Wiseheart-78. Committee on Enrolled Bills on the Part of the House of
Nays Mr. Horrell-1. Representatives, submitted the following report:
So House Bill No. 4 passed, title as stated. House of Representatives,
Tallahassee, Fla., April 16, 1941.
Mr. Jenkins moved that the rules be further waived and Honorable Dan McCarty,
that House Bill No. 4 be immediately certified to the Senate. Speaker of the House of Representatives,
Which was agreed to by a two-thirds vote. Sir:
hih as aree o b a ohir Your Joint Committee on Enrolled Bills, to whom was
And House Bill No. 4 was ordered immeaediately certified referred:
to the Senate.
House Bill No. 1:
And- An Act to Regulate the Purchase of Wages, Salaries or
House Bill No. 5: other Compensation for Services and the Taking of Assign-
ments thereof Where the Consideration for the Purchase
A bill to be entitled An Act to authorize Housing Author- or Assignment shall be $300 or less, and to Provide that
cities to undertake the development or administration of such Transactions shall, in the Application of all Laws, Civil
projects to assure the availability of safe and sanitary dwell- or Criminal, Relating to Loans, Interest Charges or Usury,
ings for persons engaged in National Defense activities who be Deemed Loans Secured by such Assignments and that
would not otherwise be able to secure such dwellings within the Amount by which such Assigned Compensation shall
the vicinity thereof; to limit the initiation of the develop- Exceed the Amount of the Consideration Actually Paid
ment of such projects until December 31, 1943; to authorize Therefor Shall, in the Application of such Laws, be Deemed
Housing Authorities to cooperate with or act as agent of the Interest on the Loan from the Date of the Payment for such
Federal Government in the development and administration Purchase or Assignment until the Date such Compensation
of such projects of the Federal Government, to acquire or is payable.
lease such projects and to sell certain projects to the Federal Have carefully examined same, and find same correctly
Government; to authorize public bodies to assist such proj- enrolled and herewith present the same for the signatures
ects of Housing Authorities and of the Federal Government; of the Speaker and Chief Clerk of the House of Represen-
to make obligations issued for such projects of Housing Au- tatives.
thorities legal investments and security for deposits; and to Very respectfully,
declare valid all bonds, notes and obligations of Housing ery Tespecu WA
Authorities issued for projects heretofore undertaken to Chairman of the Joint Committee on Enrolled Bills
assure the availability of safe and sanitary dwellings for n the t ote u e o Rpe i s
persons engaged in National Defense activities. on the Part of the House of Representatives.
Was taken up. ]The Bill contained in the above report was thereupon duly
W tken up. signed by the Speaker and the Chief Clerk of the House
Mr. Jenkins moved that the rules be waived and House of Representatives in open session, and ordered referred
Bill No. 5 be read a second time by its title. to the Chairman of the Committee on Enrolled Bills on the
BiN. 5 bread aeonti by i trs title. part of the House of Representatives to be conveyed to the
Which was agreed to by a two-thirds vote. Senate for the signature of the President and Secretary
And House Bill No. 5 was read a second time by its title, thereof.

76 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 16, 1941

Mr. Dowda, of Putnam County, Chairman of the Joint be Deemed Loans Secured by such Assignments and that
Committee on Enrolled Bills on the Part of the House of the Amount by which such Assigned Compensation shall
Representatives, submitted the following report: Exceed the Amount of the Consideration Actually Paid
House of Representatives, Therefor Shall, in the Application of such Laws, be Deemed
Tallahassee, Fla., April 16, 1941. Interest on the Loan from the Date of the Payment for such
Honorable n McCart, Purchase or Assignment until the Date such Compensation
Honorable Dan McCarty, is payable
Speaker of the House of Representatives, is payable.
Sir: Beg leave to report that the same have this day been
presented to the Governor for his approval.
Your Joint Committee on Enrolled Bills, to whom was ery respectfully, a
referred:
referred: THOS. B. DOWDA,
House Bill No. 1: Chairman of the Joint Committee on Enrolled Bills
An Act to Regulate the Purchase of Wages, Salaries or on the Part of the House of Representatives.
other Compensation for Services and the Taking of Assign- Mr. Morrow moved that the House do now adjourn.
ments thereof Where the Consideration for the Purchase
or Assignment shall be $300 or less, and to Provide that Which was agreed to.
such Transactions shall, in the Application of all Laws, Civil Thereupon at the hour of 1:22 P. M., the House stood
or Criminal, Relating to Loans, Interest Charges or Usury, adjourned until 10:00 o'clock A. M., Thursday, April 17.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

THURSDAY, APRIL 17, 1941

The House was called to order by the Speaker at 10:00 By Mr. Horrell of Orange-
o'clock A. M. House Bill No. 227:
The roll was called and the following members answered to A bill to be entitled An Act to create a State Athletic
their names: Commission of the State of Florida to be known as "State
Athletic Commission"; to provide for the appointment and
Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers, Bailey, payment of expenses of the members of such Commission
Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, Bryan, and to prescribe the powers, duties, and functions of such
Burks, Burwell, Butt, Carroll, Carswell, Cawthon, Chavous, Commission and the qualifications and terms of office of
Clark, Clement (Pinellas), Clements (Columbia), Commander, members thereof; to regulate boxing, sparring, and wrestling;
Cook, Crary, Croft, Davis, Dixon, Dowda, Driggers, Dugger, to provide for the levy and collection of fees for licenses
Dunham, Getzen, Gillespie, Graves, Gray, Harrell (Alachua), and permits; and the disbursement of funds derived there-
Harris (Pinellas), Hatch, Helie, Hendry, Holt, Horrell, Hos- from; to provide for the levy and collection of a tax upon
ford, Inman, Jenkins, Johnson, Lambe, Lane, Lanier, Leaird, the gross receipts from paid admissions to boxing, sparring,
Leedy, Leonardy, Lewis, Littlefield, Luckie, McDonald, McLane, and wrestling, and the disposition of the funds derived
Middleton, Minshall, Morrow, Murray, Overstreet, Papy, therefrom; and to provide penalties for violations of the
Peeples, Potter, Priest, Riddles, Rivers, Rogers, Safford, Scales, provisions of this Act and any order, rule or regulation
Shafer, Shave, Sheldon, Shivers, Simpson, Slappey, Smith, promulgated thereunder.
Strayhorn, Stewart, Thomas, Toland, Turner, Vathis, Versaggi, Which was read the first time by its title and referred to
Williams, Wiseheart, Wotitzky, Yaeger-92. the Committee on Finance and Taxation.
A quorum present.
By Mr. Lambe of Jackson-
The following prayer was offered by the Chaplain: House Bill No. 228:
Holy Father, we thank Thee for our capacity to grow and
become more like Christ. We thank Thee for fellowship with A bill to be entitled An Act to declare, designate and
our human brothers and sisters with whom we work. We praise establish a certain State road in Jackson County, Florida
Thee for our immediate relation with Thee, our God, made Which was read the first time by its title and referred to
known in Christ and taught by the Holy Spirit. Amen. the Committee on Public Roads and Highways.
The reading of the Journal was dispensed with. By Mr. Leonardy of Seminole-
The Journal of the House of Representatives for Wednes- House Bill No. 229:
day, April 16, was corrected and as corrected was approved. A billto be entitled An Act to amend Section 6125 of the
The following communication was received and read: Revised General Statutes of Florida, relating to the manner
and means of inflicting punishment of death in this State,
State of Florida as amended by Section 3 of Chapter 9169, Laws of Florida.
EXECUTIVE DEPARTMENT Acts of 1923, so as to provide for the Board of Commissioners
STallahassee, April 16, 1941 of State Institutions to employ some person to pull the
Honorable Dano tMcCarty, electric switch in inflicting death by electrocution.
Tallahassee, Florida. Which was read the first time by its title and referred to
Sir: the Committee on Judiciary "A".
I have the honor to inform you that I have today approved By Messrs. Acosta, Luckie and Bennett of Duval-
the following Act, which originated in your Honorable Body, House Bill No. 230:
and have caused the same to be filed in the office of the Sec- A bill to be entitled An Act authorizing the State Road
retary of State: Department of Florida to acquire by purchase, or other-
House Bill No. 1 relating to salary buying. wise, a toll road known as Hecksher Drive in Duval County,
Respectfully yours, Florida; to extend said road from Duval County to the city
SPESSARD L. HOLLAND, limits of Fernandina, in Nassau County, Florida; and to
Governor. declare, designate and establish said road, as extended, as a
State road.
INTRODUCTION OF HOUSE BILLS AND JOINT Which was read the first time by its title and referred to
RESOLUTIONS the Committee on Public Roads and Highways.
By Messrs. Lane and Boyd of Manatee, Leonardy and By Mr. Helie of Escambia
Brady of Seminole, Perry of Sarasota, Dunham of DeSoto, House Bill No. 231:
Wotitzky of Charlotte, Bryan of Hardee, Strayhorn of Lee,
Lanier of Highlands, Horrell and Leedy of Orange, Peeples A bill to be entitled An Act to repeal Chapter 19183, Laws
Sof Glades, Burks of Pasco, Simpson of Jefferson, Johnson of Florida, Acts of 1939, known as the Act creating the
of Lake, Chavous of Dixie, Clement and Harris of Pinellas, Barbers Sanitary Commission of the State of Florida, to
Turner and Versaggir of St. Johns, Jenkins of Alachua, abolish the said Barbers Sanitary Commission and to pro-
Riddles of Walton, Middleton and Dowda of Putnam, Butt vide for the disposition of money or monies remaining in
of Brevard, Priest of Madison, Potter of Marion, Shivers the treasury of said Commission. Providing when such Act
of Washington, Littlefield of Volusia, Williams of Hernando, shall take effect.
Thomas of Lake, Graves of Indian River, Scales of Taylor, Which was read the first time by its title and referred to
Best of Suwannee, Lambe of Jackson, Slappey of Gadsden, the Committee on Public Health.
Yaeger of Leon, Driggers of Union, and Hatch of Suwannee- By Mr. Dixon of Jackson-
House Bill No. 226: House Bill No. 232:
A bill to be entitled An Act providing open shop condi- A bill to be entitled An Act amending Section 3 of Chap-
tions on work financed by Federal, State, County, Municipal ter 17025, Laws of Florida, Acts of 1935, by authorizing the
or district taxation and preventing interference with persons Florida Board of Forestry to employ a director and other
working on such class of work, and charging the Attorney employees for the "Florida Park Service"; to prescribe the
General of Florida with certain duties in connection there- qualifications, duties and compensation of such director and
with, and prescribing a penalty for its violation, other employees.
Which was read the first time by its title and referred to Which was read the first time by its title and referred to
the Comittees on Labor and Americanism. the Committee on Forestry.
77

78 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 17, 1941

By Mr. Dixon of Jackson- By Mr. Riddles of Walton-
House Bill No. 233: House Bill No. 242:
A bill to be entitled An Act to authorize the Florida Board A bill to be entitled An Act relating to the distribution in
of Forestry to dedicate State Park lands for public use. Walton County, Florida of racing funds received under the
Which was read the first time by its title and referred to provisions of Chapter 14832, Laws of Florida, Acts of 1931,
the Committee on Forestry. or any amendatory or supplemental act thereof.
Which Bill was read the first time by its title and had at-
By Mr. Dixon of Jackson- tached to same when introduced in the House of Representa-
House Bill No. 234: tives, the following proof of publication, which was ordered
A bill to" be entitled An Act to provide that cooperative to be entered in full upon the Journal of the House of Rep-
fire protection upon lands in cooperation with the Florida resentatives:
Board Board of Forestry shall constitute for the owner anAFFIDAVIT OF PROO OF PUBLICATION
adverse possession of such lands under color of title upon
proof of the carrying on of said work on said lands by the STATE OF FLORIDA,
owner and the Florida Board of Forestry. COUNTY OF WALTON.
Which was read the first time by its title and referred to Before me, the undersigned authority, personally appeared
the Committee on Forestry. H. C. Storrs who, on oath, does solemnly swear that he has
knowledge of the matters stated herein; that a notice stating
By Mr. Dixon of Jackson- the substance of a contemplated law or proposed bill re-
House Bill No. 235: lating to: Notice of special legislation has been published
A bill to be entitled An Act to change the name of the at least thirty (30) days prior to this date by being printed
"Florida Board of Forestry" to the name of "Florida Board in the issue of March 6-13-20-27, 1941, of the DeFuniak
of Forestry and Parks." 'Herald, a newspaper published in Walton County, Florida,(
St where the matter or thing to be affected by the contemplated
Which was read the first time by its title and referred to law is situate; that a copy of the notice that has been pub-
the Committee on Forestry. lished, as aforesaid, and also this affidavit of proof of
By Mr. Dixon of Jackson- publication are attached to the proposed bill or contemplated
Houe Bl 2: law, and such copy of the notice so attached is by reference
House Bill No. 236: made a part of this affidavit.
A bill to be entitled An Act authorizing the County Com- H. C. STORRS.
missioners of any county to cooperate with the Florida Board .
of Forestry in the employment of a County Forester, and Sworn to andsubscribed before me this 14 day of April,
prescribing his duties. A. D., 1941.
Which was read the first time by its title and referred to (Seal)
the Committee on Forestry. R. B. UNDERWOOD,
Clerk Circuit Court.
By Mr. Dixon of Jackson- By Kate Gillis, Deputy Clerk.
House Bill No. 237: And the House of Representatives thereupon determined
A bill to be entitled An Act empowering counties, cities, that the notice and evidence thereof required by Section 21
towns or school districts to acquire, protect, reforest, manage of Article III of the Constitution, has been established in this
and utilize lands for forest and related purposes. Legislature.
Which was read the first time by its title and referred to And House Bill No. 242 was placed on the Calendar of
the Committee on Forestry. Local Bills on Second Reading.
By Mr. Dixon of Jackson- By Mr. Riddles of Walton-
House Bill No. 238: House Bill No. 243:
A bill to be entitled An Act prescribing the period of time A bill to be entitled An Act prescribing certain duties to
for which deraignment of title shall be shown in all legal be performed by the several district Boards of Social Wel-
proceedings, civil or criminal, involving trees or timber, and fare as created by Chapter 18285, Laws of Florida, Acts of
in which ownership of lands upon which said trees or timber 1937, as amended by Chapter 19375, Laws of Florida, Acts
shall have been situated shall be in issue. of 1939 in connection with application for old age, blind, or
Which was read the first time by its title and referred to dependent child assistance.
the Committee on Judiciary "B." Which was read the first time by its title and referred to
the Committees on Public Welfare and Judiciary "C".
By Mr. Dixon of Jackson-
House Bill No. 239: By Mr. Lane of Manatee-
A bill to be entitled An Act to provide and prescribe the House Bill No. 244:
conditions, stipulations, and covenants by which the grantee A bill to be entitled An Act to repeal Chapter 16876 of
or lessee shall be bound in sales or leases or pine timber in the Laws of Florida, Acts of 1935, entitled "An Act dividing
the absence of contract or lease provisions to the contrary; the State of Florida into five congressional districts and
qualifying the minimum size of timber; providing for the prescribing the setting forth the territorial limits and the
preservation of seed trees, and defining duration of pine boundaries of each district, and dividing the State of Flor-
timber lease. ida into six congressional districts and prescribing and set-
Which was read the first time by its title and referred to in th the territorial limits and bou.daries of each such
the Committee on Judiciary "B." ^ ^^
Which was read the first time by its title and referred to
By Mr. Dixon of Jackson- the Committee on Census and Apportionment.
House Bill No. 240: By Messrs. Lanier of Highlands, Sheldon, McDonald and
A bill to be entitled An Act to authorize the Florida Board Toland of Hillsborough, Safford of Polk, Lane and Boyd of
of Forestry to charge fees for the use of State Parks, to pro- Manatee, Perry of Sarasota, Holt, Wiseheart and Overstreet
vide for the disposition of all monies so collected and au- of Dade, Burwell and Leaird of Broward, Crary of Martin,
thorizing said board to manage and invest any funds by it Morrow and Beck of Palm Beach, Stewart of Hendry, Stray-
received in trust. horn of Lee, Peeples of Glades, Burks of Pasco, Shafer and
Which was read the first time by its title and referred to Murray of Polk, Papy of Monroe, Hendry of Okechobee, Bryan
the Committee on Finance and Taxation. of Hardee, Horrell and Leedy of Orange, Wotitzky of Char-
By Mr. Dixon of Jackson- lotte, Dunham of DeSoto, Inman of Bradford, Chavous of
y HouseMr. Dixon of Jackson241: Dixie, Versaggi of St. Johns, Gillespie and Littlefield of
lHouse Be1 eNtto. An Volusia, Hatch and Best of Suwannee, Harris and Clement
A bill to be entitled An Act conferring the power of eminent of Pinellas, Leonardy and Brady of Seminole, Potter and
domain on the Florida Board of Forestry and prescribing the Rogers of Marion, Bennett and Luckie of Duval, Thomas
method by which such power shall be exercised. of Lake, Getzen of Sumter, Driggers of Union, Williams of
Which was read the first time by its title and referred to Hernando, Butt of Brevard, Turner of St. Johns, Graves of
the Committee on Judiciary "B". Indian River, Cook of Flagler.

April 17, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 79

House Bill No'. 245: By Mr. Brackin of Okaloosa-
A bill to be entitled An Act to establish at or near Avon House Bill No. 255:
Park, Florida, an institution for curable cases of mentally A bill to be entitled An Act for the relief of Gordan Craig
deranged persons, and for the construction of the necessary in the matter of damage done to certain lands owned by
buildings, equipment, etc., of the same, and to provide for him by the building of highways and requiring the State
the management of such institution, and to accept grants Road Department to pay to the said Gordan Craig the sum
from United States Government or any agency thereof or of One Hundred and Seventy Five ($175.00) Dollars.
from any other source. Which was read the first time by its title and referred to
Which was read the first time by its title and referred to the Committee on Claims.
the Committee on State Institutions.
By Mr. Bonifay of Santa Rosa-
By Mr. Lambe of Jackson- House Bill No. 256:
House Bill No. 246: A bill to be entitled An Act to provide for the purchase,
A bill to be entitled An Act to declare, designate and estab- distribution and administration of insulin in the State of
lish a certain State Road in Jackson County, Florida. Florida by the State Board of Health; making the appro-
Which was read the first time by its title and referred to priation therefore and creating a fund to be known as the
the Committee on Public Roads and Highways. Insulin Fund, and providing for a penalty for making
By Mr. Lambe of Jackson-fraudulent application for same.
Mr of Which was read the first time by its title and referred to
House Bill No. 247. the Committee on Appropriations.
A bill to be entitled An Act to declare, designate and estab-
lish a certain State Road in Jackson County, Florida. By Mr. Dunham of DeSoto-
Which was read the first time by its title and referred to House Bill No. 257:
the Committee on Public Roads and Highways. A bill to be entitled An Act for the financing by the
"governing body" of the City of Arcadia, Florida, of certain
By Mr. Lambe of Jackson- self-liquidating projects without the incurring of indebted-
House Bill No. 248: ness or the levy of taxes; providing for the purchase, con-
A bill to be entitled An Act to declare, designate and estab- struction, improvements, extensions, betterment, repair.
lish a certain State road in Jackson and Bay Counties, Florida. operation and maintenance of an electric light plant and
Which was read the first time by its title and referred to power system, and a gas plant system. Authorizing the
the Committee on Public Roads and Highways. issuance of revenue bonds, certificates or debentures of the
City of Arcadia, Florida, payable solely from earnings to
By Mr. Lambe of Jackson- pay the cost of such projects; providing that no debt of the
House Bill No. 249: City of Arcadia, Florida, shall be incurred in the exercise
A bill to be entitled An Act to declare, designate and estab- an of the powers granted by this Act, and t
lish< a certain State Road in Jackson County, Florida. governing body of the City of Arcadia, Florida, shall have
no power to levy taxes for the payment of such revenue
Which was read the first time by its title and referred to bonds, certificates or debentures; providing for the collec-
the Committee on Public Roads and Highways. tion of rates, fees and rentals for the payment of such
By Mr. Lambe of Jackson revenue bonds, certificates or debentures and for the cost
of maintenance, repair and operation of such projects;
House Bill No. 250: providing for the execution of trust agreements to secure
A bill to be entitled An Act to declare, designate and estab- payment of such revenue bonds, certificates or debentures
lish a certain State Road in Jackson and Bay Counties, Florida. without mortgaging or encumbering any such projects; and
Which was read the first time by its title and referred to authorizing the issuance of revenue refunding bonds, cer-
the Committee on Public Roads and Highways. tificates or debentures; and providing for a referendum vote
in the territory to be affected by this Act.
By Mr. Rivers of Clay- Which was read the first time by its title and referred to
House Bill No. 251: the Local Calendar.
A bill to be entitled An Act to amend Chapter 14782, Laws of
Florida 1931, by providing for pensions to widows of pensioners By Mr. Chavous of Dixie-
who are entitled to receive monthly allowance in the form of House Bill No. 258:
a pension to school teachers who have taught in the public A bill to be entitled An Act to create and establish a
free schools of the State of Florida for 35 or more years. municipal corporation to be known as Canova City, Dixie
Which was read the first time by its title and referred to County, Florida; to prescribe the territory by limits thereof;
the Committee on Education "A." to prescribe the form of government and to confer certain
powers upon said municipality and its officers and to pro-
By Mr. Harrell of Hamilton- vide a charter for the carrying into effect of the provisions
House Bill No. 252: of this Act.
A bill to be entitled An Act designating and establishing cer- Which was read the first time by its title and referred to
tain roads in Hamilton County, Florida, as State Roads. the Local Calendar.
Which was read the first time by its title and referred to By Mr. Sheldon of Hillsborough-
the Committee on Public Roads and Highways. House Bill No. 259:
By Mr. Rivers of Clay- A bill to be entitled An Act to amend Section 23 of
House Bill No. 253: Chapter 18285, Laws of Florida, Acts of 1937, the same
A bill to be entitled An Act for the relief of Mary V. Cherry, being "An Act creating a State Welfare Board and District
widow, Clay County, Florida, and making appropriations there- Welfare Boards and providing for their appointment, quali-
for, as compensation for the loss of her husband, T. S. Cherry, fications, powers and duties; providing that said State Board
who, as sheriff of Clay County, Florida, was killed while per- shall be the agent for the United States, State, County
forming service in the line of duty. and Municipal Governments in the administration of funds
Which was read the first time by its title and referred to for the relief of unfortunates; and authorizing the said
the Committee on Claims. Boards to act as agent for the United States, State, County
and Municipal Governments in the administration of any
By Mr. Rivers of Clay- funds for investigations, social welfare work, or any other
House Bill No. 254: work incident to the public welfare of the United States,
State, County and Municipal Governments; authorizing the
A bill to be entitled An Act to amend Section 3191, Revised State Welfare Board to promulgate rules and regulations
General Statutes of Florida, 1920, the same being Section necessary to carry out the intent and purposes of this Act;
4983, compiled General Laws of Florida, 1927, relating to providing for the supervision of State and local institutions
divorce and stating the grounds therefore. for destitute or dependent children and providing for the
Which was read the first time by its title and referred to disposition, care, protection, support and maintenance of
the Committee on Judiciary "A". dependent children; authorizing the State Welfare Board

80 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 17, 1941

to establish minimum standards of care for all local public prenticeship would be encouraged; establishing standards for
and private institutions or agencies; creating the office of such agreements; creating an apprenticeship council and a
State Welfare Commissioner and providing for hts appoint- Director of Apprenticeship and defining their duties; making
ment, providing that this Act shall not affect the enforce- necessary appropriation therefore; and repealing all laws or
ment of Chapter 9274, Acts of 1923, of Chapter 11834, and parts of laws in conflict herewith.
13384, Acts of 1927, of Chapter 13620, Acts of 1929, and Acts Which was read the first time by its title and referred to
amendatory thereof; repealing all other laws or parts of the Committee on Labor.
laws in conflict herewith; and making appropriations to
carry out the purposes of said Act; and fixing the qualifica- By Mr. Morrow of Palm Beach-
tions of persons entitled to monetary benefits or assistance House Bill No. 268:
"under this Act", by increasing the appropriation for old A bill to be entitled An Act relating to the liability of cities
age assistance, aid to needy blind and administrative costs and villages for negligent or wrongful injury or damage to
of board; and increasing appropriation for dependent chil- and villages for negligent or wrongful injury or damage to
dren's assistance and g administrative costs person or property: providing the time within which action
dren assistance and adm ist ive costs. for such injury or damage may be brought and requiring the
Which was read the first time by its title and referred to filing of a notice of claim prior to bringing such action; and
the Committee on Public Welfare. repealing all laws in conflict herewith.
By Mr. Morrow of Palm Beach- Which was read the first time by its title and referred to
House Bill No. 260: the Committee on Judiciary "A."
A bill to be entitled An Act to provide for the protection By Mr. Morrow of Palm Beach-
of animals pending the trial of their owners or possessors House Bill No. 269:
for the cruel or inhuman treatment of such animals as c me' v
dfined by thc e law um eatment of rsuh animals A bill to be entitled An Act prescribing the time within
which an action or proceeding shall be brought by the State
Which was read the first time by its title and referred to or any party for the ouster of lands from the boundary or
the Committee on Judiciary "A". jurisdiction of a city or village, or to contest or question the
By Mr. Morrow of Palm Beach- jurisdiction of the city or village over such lands.
House Bill No. 261: Which was read the first time by its title and referred to
A bill to be entitled An Act making the baiting or fighting the Committee on Judiciary "A."
of birds or animals, or the keeping of a place therefore, a By Mr. Morrow of Palm Beach-
misdemeanor, providing for the punishment thereof and House Bill No. 270:
for the seizure of implements used in such fights.
r the seizure of implements used in suh figts. A bill to be entitled An Act creating a lien in favor of any
Which was read the first time by its title and referred to person, firm or associate who is authorized to practice law
the Committee on Judiciary "A". in the State of Florida, who shall furnish legal services and
By Mr. Morrow of Palm Beach- disbursement in rendering their services upon the real estate,
House Bill No. 262: personal property, judgments, decrees or any personal property
coming into his, her or their hands as such attorney or asso-
A bill to be entitled An Act defining roadside menageries for coming into his, he r fr thei hands as such attorney or asso-
cn ciate attorneys and providing for the duration and enioice-
the supervision and control thereof, for the issuing of licenses ment of such lien and repealing all laws in conflict with this
therefore, and for the punishment for the failure to secure such ment o such len and epealg a laws conflict with this
licenses.
Which was read the first time by its title and refeed to Which was read the first time by its title and referred to
Which was read the first time by its title and referred, to the Committee on Judiciary "A "
the Committee on Finance & Taxation. the Committee on Judiciay A.
By Mr. Morrow of Palm Beach- By Mr. Morrow of Palm Beach-
House Bill No. 263: House Bill No. 271:
A wi~ ^r ^ ^^^ Av A <- + -^A bill to be entitled An Act to provide for the'nomination
A bill to be entitled An Act to provide for the punishment of ofA bill to e entitled Abn A provi fr fthenomin atin
operators of motor vehicles in this State who hit or injure any District, County and Precinct offices of the State of Florida
dog and depart from the scene of the accident without render- and to provide for the n es of such candidates to be rited
ing such assistance as will safeguard the life of such dog. upon the official ballots. animate to
Which was read the first time by its title and referred. to Wich was read the first time by its title and revered o
iWhich was read the first time by its title and referr
the Committee on Judiciary A." the Committee on Elections.
By Mr. Morrow of Palm Beach-
House Bill No. 264: By Messrs. Sheldon, McDonald and Toland of Hillsbor-
A bill to be entitled An Act to provide punishment for the ough
exhibition in the same enclosure of animals which by their House Bill No. 272:
natural instincts are antagonistic to each other. A bill to be entitled An Act relating to general, special
Which was read the first time by its title and referred to and primary elections in all counties of the State wherein
the Committee on Judiciary "A." voting machines are used in elections; requiring persons
presenting themselves to vote on election day to sign their
By Mr. Morrow of Palm Beach- names; providing for the comparison of the handwriting
House Bill No. 265: of signature of elector at time of registration with that on
A bill to be entitled An Act to repeal Section 186 of the Pro- election day for the purpose of identification of qualified
bate Act, Chapter 16103, Laws of Florida, Acts of 1933, as electors; providing for identification slips to be signed by
amended by Chapter 19552, Laws of Florida, Acts of 1939, the elector, by the official comparing the signature and by
prescribing limitations against unadministered estates, the official operating the voting machine and forms thereof;
Which was read the first time by its title and referred to providing for procedure and forms in lieu of identification
the Committee on Judiciary "A." slips when elector unable to write; providing a form report
to, be signed and filed by officials operating voting machines
By Mr. Morrow of Palm Beach-- when such officials relieve each other; providing for the
House Bill No. 266: preparation, delivery, custody and preservation of signature
A bill to be entitled An Act to amend Section 2928, Revised slips and locked containers therefore and other election para-
General Statutes of Florida, 1920, shown as Section 4648, Corn- phernalia; providing for affidavits of electors in cases of
piled General Laws of Florida 1927, and to provide for and doubtful identity; authorizing clerk and inspectors of election
prescribe limitations against estates and representatives of to administer oaths in certain cases; providing that polling
decedents, lists be dispensed with; providing that proof of certain facts
Which was read the first time by its title and referred to is prima facie evidence of voting; providing that proof of
the Committee on Judiciary "A." violations is prima facie evidence that violation was wilfull
and fraudulent; providing that possession and delivery of
By Mr. Morrow of Palm Beach- identification slips except as provided be unlawful and pro-
House Bill No. 267: viding for the punishment therefore; providing that signed
A bill to be entitled An Act providing for a system of ap- certificates of election results are admissible in evidence
prenticeship whereby voluntarily made agreements of ap- to prove that persons signing same were election officials;

April 17, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 81

providing that no person shall be in the voting machine with of Florida or to the Trustees of the Internal Improvement
elector when curtain is closed except as provided; providing Fund of the State of Florida under the provisions of Sec-
that persons violating any provision of this Act shall be tion 9, Chapter 18296, Laws of Florida, Acts of 1937, known
guilty of misdemeanor and fixing the punishment therefore; as the Murphy Act, to an Old Age Assistance Fund and
and other matters relating thereto. to a dependent children's fund in certain proportions, after
Which was read the first time by its title and referred to due allowance for the expenses of administration of said
the Committee on Elections. statute, and making an appropriation of said funds for
such purposes, and providing for the administration of such
By Messrs. Andrews of Madison and Ayes of Gilchrist- funds by the State Welfare Board.
House Bill No. 273: Which was read the first time by its title and referred to
A bill to, be entitled An Act imposing a graduated tax upon the Committee on Finance & Taxation.
theater and moving picture show tickets; to provide for the By Mr. Acosta of Duval-
collection of such tax and to provide a penalty for the evas- y ilr o
ion thereof. House Bill No. 279:
Which was read the first time by its title and referred to A bill to be entitled An Act reducing the rate of interest
the Committee on Finance and Taxation. on delinquent taxes and special assessments due and owing
to the City of Jacksonville, a municipal corporation, and
By Mr. Sheldon of Hillsborough- repealing all laws and parts of laws in conflict herewith.
House Bill No. 274: Which Bill was read the first time by its title and had at-
A bill to be entitled An Act relating to the public health tached to same when introduced in the House of Representa-
and for the protection of new born babies' eyes, and re- tives, the following proof of publication, which was ordered
quiring doctors and midwives to use an effective solution of to be entered in full upon the Journal of the House of Rep-
silver-nitrate in new born 'babies' eyes; to require at least resentatives:
one of the registered practicing physicians who has spon- AFFIDAVIT OF PROOF OF PUBLICATION
scored the application of any person to practice midwifery PUBLICAT
to instruct such person in the use of such silver-nitrate STATE OF FLORIDA,
solution, and to provide that the failure of either a doctor COUNTY OF DUVAL.
or midwife to use such solution of silver-nitrate in new Before me, the undersigned authority, personally appeared
born babies' eyes shall be cause for the revocation of such J. G. Permenter who, on oath, does solemnly swear that he
person's license to practice medicine or midwifery; and to has knowledge of the matters stated herein; that aa notice
provide that if any person now licensed to practice mid- stating the substance of a contemplated law or proposed
wifery does not furnish a certificate from one of the phy- bill relating to: An Act amending An Act requiring the City
sicians sponsoring her application for license within sixty of Jacksonville, Fla. to charge 1% a month on past due liens,
days after this Act becomes a law, the State Board of taxes, etc., compounded, and reducing such charges to not
Health shall revoke the license to such person to practice over 8% in any one year, has been published at least thirty
midwifery; and providing further that any person who shall (30) days prior to this date by being printed in the issue
hereafter make application for a license to practice mid- of January 25, 1941, of the Legal News, a newspaper pub-
wifery shall furnish a certificate showing that such person lished in Duval County, Florida, where the matter or thing
has been instructed in the use of silver-nitrate solution in to be affected by the contemplated law is situate; that a
the eyes of new born babies. copy of the notice that has been published, as aforesaid,
Which was read the first time by its title and referred to and also this affidavit of proof of publication are attached
the Committee on Public Health. to the proposed bill or contemplated law, and such copy
of the notice so attached is by reference made a part of
By Mr. Gray of Bay- this affidavit.
House Bill No. 275- J. G. PERMENTER.
A bill to be entitled An Act to designate and establish a Sworn to and subscribed before me this 25th day of
certain rbad in Bay County, Florida, as a part of existing January, A. D. 1941.
State Road No. 20. Same being U. S. Road No. 231. (Seal)
Which was read the first time by its title and referred to LOIS RAYE,
the Committee on Public Roads and Highways. Notary Public State of Florida at Large.
SMy Commission expires October 2, A. D. 1942.
ue r.Bi ttN of 6arion: And the House of Representatives thereupon determined
that the notice and evidence thereof required by Section 21
A bill to be entitled An Act to declare, designate and of Article III of the Constitution, has been established in this
establish certain roads in Marion County as State roads, Legislature.
and as such to, be a part of the system of State roads of
thed at s t a part of the system of State roads of House Bill No. 279 was placed on the Calendar of Local
teBills on Second Reading.
Which was read the first time by its title and referred to
the Committee on Public Roads and Highways. By Mr. Acosta of Duval-
By Messrs. Sheldon, McDonald and Toland of Hillsborough, House Bill No. 280:
Burks of Pasco, Leaird of Broward, and Beck of Palm Beach- A bill to be entitled An Act affecting the government of
House Bill No. 277: the City of Jacksonville, a municipal corporation, by pro-
hibiting the practice and requirement that candidates for
A bill to be entitled An Act appropriating and apportion- nomination to a municipal office under said city shall run
ing funds now held or hereafter received by the Trustees in groups in primary or special elections where more than
of the Internal Improvement Fund from sales of lands by one candidate is to be nominated for the same office; and
virtue of Section 9, Chapter 18296, Laws of Florida, Acts of repealing all laws in conflict herewith.
1937 (commonly known as the Murphy Act); authorizing
and directing payment of ten (10%) per cent of the net Which Bill was read the first time by its title and had at-
proceeds of each sale to the general fund of the State of tached to same when introduced in the House of Representa-
Florida and the remaining ninety (90%) per cent of the tives, the following proof of publication, which was ordered
net proceeds of each sale to the county in which the land to be entered in full upon the Journal of the House of Rep-
is located and sale held; providing for a division by the resentatives:
county of funds so received; providing the time or times AFFIDAVIT OF PROOF OF PUBLICATION
when payment shall be made; eliminating any invalid pro-
visions hereof; and determining when this Act shall take STATE OF FLORIDA,
effect. COUNTY OF DUVAL.
Which was read the first time by its title and referred to Before me, the undersigned authority, personally appeared
the Committee on Finance & Taxation. J. G. Permenter who, on oath, does solemnly swear that
he has knowledge of the matters stated herein; that a notice
By Messrs. Rivers of Clay, and Dugger of Baker- stating the substance of a contemplated law or proposed
House Bill No. 278: bill relating to: An Act repealing An Act requiring appli-
A bill to be entitled An Act to provide for the transfer of cants for any office to run in groups, has been published
all funds now held by or hereafter coming to the State at least thirty (30) days prior to this date by being printed

82 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 17, 1941

in the issue of January 25, 1941, of the Legal News, a news- cedent to the issuance of marriage licenses; prohibiting issu-
paper published in Duval County, Florida, where the matter ance of marriage license to any person suffering from com-
or thing to be affected by the contemplated law is situate; municable venereal disease; and providing penalties for vio-
that a copy of the notice that has been published, as afore- lations of this Act.
said, and also this affidavit of proof of publication are at- Which was read the first time by its title and referred to
tached to the proposed bill or contemplated law, and such the Committee on Public Health.
copy of the notice so attached is by reference made a part
of this affidavit. By Mr. Acosta of Duval-
J. G. PERMENTER. House Bill No. 284:
Sworn to and subscribed before me this 25 day of January, A bill to be entitled An Act requiring the publication and fil-
A. D. 1941. ing by the Chairman and Treasurer of the Executive Commit-
(Seal) tee of each political party represented by candidates for nom-
LOIS RAYE, nation to any county or municipal office in Duval County,
Notary Public State of Florida at Large. Florida, of an itemized statement of its receipts and disburse-
My Commission expires October 2, A. D. 1942. ments; and providing a penalty for the violation of the pro-
And the House of Representatives thereupon determined visions hereof.
that the notice and evidence thereof required by Section 21 Which Bill was read the first time by its title and had at-
of Article III of the Constitution, has been established in this tached to same when introduced in the House of Representa-
Legislature. tives, the following proof of publication, which was ordered
House Bill No. 280 was placed on the Calendar of Local to be entered in full upon the Journal of the House of Rep-
Bills on Second Reading. resentatives:
By Mr. Acosta of Duval- AFFIDAVIT OF PROOF OF PUBLICATION
House Bill No. 281: STATE OF FLORIDA,
A bill to be entitled An Act to abolish and prohibit absent COUNTY OF DUVAL.
voting, as defined by law, in any primary, special and gen- Before me, the undersigned authority, personally appeared
eral election held under the government of the City of Jack- J. G. Permenter, who, on oath, does solemnly swear that he
sonville, a municipal corporation; by County Commissioners has knowledge of the matters stated herein; that a notice
or any other branch of government in Duval County, Florida, stating the substance of a contemplated law or proposed bill
and repealing all laws in conflict herewith. relating to An Act requiring city and county democratic com-
Which Bill was read the first time by its title and had at- mittees to publish itemized receipts and expenditures within
tached to same when introduced in the House of Representa- 10 days after election, etc., has been published at least thirty
,ives, the following proof of publication, which was ordered (30) days prior to this date by being printed in the issue of
to be entered in full upon the Journal of the House of Rep- January 25, 1941, of the Legal News, a newspaper published
resentatives: in Duval County, Florida, where the matter or thing to be
affected by the contemplated law is situate; that a copy of
AFFIDAVIT OF PROOF OF PUBLICATION the notice that has been published, as aforesaid, and also
STATE OF FLORIDA, this affidavit of proof of publication are attached to the pro-
COUNTY OF DUVAL. posed bill or contemplated law, and such copy of the notice so
Before me, the undersigned authority, personally appeared attached is by reference made a part of this affidavit.
J. G. Permenter who, on oath, does solemnly swear that J. G. PERMENTER.
he has knowledge of the matters stated herein; that a notice Sworn to and subscribed before me this 25th day of Jan.
stating the substance of a contemplated law or proposed A. D., 1941.
bill relating to: An Act abolishing absentee voting in pri- (Seal)
mary, bond, school district or any other elections held in LOIS RAYE,
municipalities in Duval County, etc., has been published Notary Public State of Florida at Large.
at least thirty (30) days prior to this date by being printed
My Commission expires October 2nd, A. D., 1942.
in the issue of January 25, 1941, of the Legal News, a news- MY Commtsseon expires October 2nd, A. D., 1942.
paper published in Duval County, Florida, where the matter And the House of Representatives thereupon determined
or thing to be affected by the contemplated law is situate; that the notice and evidence thereof required by Section 21
that a copy of the notice that has been published, as afore- of Article III of the Constitution, has been established in this
said, and also this affidavit of proof of publication are at- Legislature.
tached to the proposed bill or contemplated law, and such House Bill No. 284 was placed on the Calendar of Local Bills
copy of the notice so attached is by reference made a part on Second Reading.
of this affidavit.
J. G. PERMENTER. By Mr. Strayhorn of Lee-
Sworn to and subscribed before me this 25 day of January, House Bill No. 285:
A. D. 1941. A bill to be entitled An Act to divide the State of Florida
(Seal) into six (6) Congressional Districts; and prescribing and set-
LOIS RAYE, ting forth the territorial limits and boundaries of each district.
Notary Public State of Florida at Large. Which was read the first time by its title and referred to
My Commission expires October 2, A. D. 1942. the Committee on Census & Apportionment.
And the House of Representatives thereupon determined
that the notice and evidence thereof required by Section 21 By Mr. Thomas of Lake-
of Article III of the Constitution, has been established in this House Bill No. 286:
Legislature. A bill to be entitled An Act relating to Primary Elections,
House Bill No. 281 was placed on the Calendar of Local providing for the names of candidates for the office of Presi-
Bills on Second Reading. dent of the United States to be placed on the primary ballot
By Mr. Shivers of Washington- under certain conditions, and to provide that candidates for
House Bill No. 282: nomination to the office of Presidential Elector may be placed
on the primary election ballot or not as determined by the
A bill to be entitled An Act amending Section 612 Revised State Executive Committee or a recognized political party, and
General Statutes of Florida (Section 768 Compiled General repealing any provisions inconsistent therewith.
Laws of Florida) relating to admission of students from other Which was read the first time by its title and referred to
states; and admission of students from Florida to the Univer- th Cmmittee on Elec time by its title atind ns.efered to
sit of Florida and the Florida State College for Women.
Which was read the first time by its title and referred to By Mr. Butt of Brevard-
the Committee on Education "B." House Bill No. 287
By Messrs. Butt of Brevard and Clements of Pinellas (By A bill to be entitled An Act amending Section 3 of Chapter
Request) 17981, Laws of Florida, Acts of 1937, entitled "An Act to de-
House Bill No. 283: clare the necessity of creating public bodies corporate and
A bill to be entitled An Act relating to marriage licenses; politic to be known as Housing Authorities to undertake slum
requiring certificate of medical examination as condition pre- clearance and project to provide dwelling accommodations

April 17, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 83

for persons of low income; to create such housing scribing the qualifications of applicants for such licenses,
authorities in cities having a population of more than 5,000; and further providing the conditions for the revocation of
to define the powers and duties of Housing Authorities and to such licenses; and providing the date upon which said Act
provide for the exercise of such powers, including acquiring shall become effective.
property, borrowing money, issuing debentures and other obli- Which was read the first time by its title and referred to
nations, and giving security therefore; to provide that Housing the Committees on Temperance and Judiciary "B".
Authorities may obtain validation of their obligations and
proceedings; and to confer remedies on obligees of Housing By Messrs. Bailey and Gray of Bay-
Authorities" so as to redefine city as meaning any city of the House Bill No. 293:
State having a population of more than 2500. A bill to be entitled An Act to encourage exploration for
Which was read the first time by its title. petroleum oil and/or gas in the State of Florida and to
provide for and authorize a bonus to be paid to the ex-
Mr Butt moved that the rules be waived and that House porer and o tr o a succeed in o letin te
Bill No. 287 be placed on the Calendar of Bills on Second first producing petroleum oil and/or gas well in the State
Reading without reference. of Florida producing oil and/or gas in commercial quan-
Which was agreed to by a two-thirds vote, and it was so titles; to set up and designate the fund from which such
ordered. bonus shall be paid and also to provide for a reward in
By Messrs. Potter and Rogers (by request) of Marion- leases hereby authorized to be made and executed by the
By Messrs. Potter and Rogers (by request) o Marion- board of trustees of the Internal Improvement Fund or
House Bill No. 288: the Board of Commissioners of State Institutions to the
A bill to be entitled An Act relating to and concerning explorer or operator successfully completing the first pro-
tax deeds and providing for a lien on the land embraced during petroleum oil and/or gas well in Florida producing
in such tax deeds and the foreclosure in equity of said tax oil and/or gas in commercial quantities.
deeds and procedure in such cases in which said tax deeds Which was read the first time by its title and referred to
have been issued, and providing for procedure in cases of the Committee on Judiciary "A".
pending litigation involving said tax deeds.
Which was read the first time by its title and referred to By Mr. Sheldon of Hillsborough-
the Committee on Judiciary "A". House Bill No. 294:
By Messrs. Bailey and Gray of Bay- A bill to be entitled An Act relating to the public health
H se Bill No. 289 and for the protection of mothers and new born babies;
House Bill No. 289 requiring that all expectant mothers be examined by a duly
A bill to be entitled An Act to authorize the trustees of licensed physician to determine whether or not such mother
the Internal Improvement Fund of Florida, the Board of has any disease that might be communicated or transmitted
Commissioners of State Institutions of Florida, and the to any child that might be born of said mother; and re-
State Board of Education of Florida to negotiate, sell and quiring such examining physician in the event that treat-
convey lease-hold estates and to make, execute and deliver ment is needed to either furnish the same or to report this
lease contracts commonly known as petroleum oil and gas fact to the State Board of Health who shall immediately
leases, and to sell and convey any and all of the petroleum arrange for the proper treatment of such expectant mother,
oil and/or gas and/or any other mineral lying in or under and providing that any midwife who is called in attendance
any lands or water-bottoms in this State, the legal title to upon any expectant mother shall call into attendance a
which lands or water-bottoms is vested by law or otherwise duly licensed physician to make the examination as pro-
in either of such State Boards. vided for in section one hereof provided such examination
Which was read the first time by its title and referred to shall not have been made.
the Committee on Judiciary "A". Which was read the first time by its title and referred to
By Messrs. Boyd and Lane of Manatee- the Committee on Public Health.
House Bill No. 290: By Mr. Ayers of Gilchrist-
A bill to be entitled An Act making an appropriation House Joint Resolution No. 295:
for the maintenance of the Judah P. Benjamin Memorial A joint resolution proposing that Section 11, of Article
in Manatee County, Florida, and compensation of the IX of the Constitution of the State of Florida relating to
custodian. the levy of inheritance and income taxes be amended.
Which was read the first time by its title and referred to BE IT RESOLVED BY THE LEGISLATURE OF THE
the Committee on Appropriations. STATE OF FLORIDA:
By Mr. Sheldon of Hillsborough- That an amendment of Section 11 of Article IX of the
House Bill No. 291: Constitution of the State of Florida relating to the levy of
inheritance and income taxes and other matters be and
A bill to be entitled An Act regulating the issuance of the sritance andreby agreed to and shallbe submitted to
marriage licenses and providing that no license to marry the electors of the State at the general election of Repre-
shall be granted to any applicants unless notice of inten- sentatives to be held in the year A. D. 1942, for approval
tion to marry and application for license has been made or rejection, said Section 11, when so amended to read as
at least five days and not more than thirty days before follows, to-wit:
issuance thereof, and providing that notice of intention
to marry shall be filed with the County Judge of the County SECTION 11. No taxes upon inheritance of residents or
in which such application is made; and providing certain citizens of this State shall be levied by the State of: Florida,
exceptions to the requirement for notice of intention to or under its authority, and there shall be exempt from
marry, taxation to the head of the family residing in this State,
Which was read the first time by its title and referred to hundred d dollars; Provided, however, that the legislature
the Committee on Judiciary "A". may provide for. the assessment, levying and collection of a
By Messrs. Shafer of Polk, McLane of Escambia, Thomas tax upon inheritances, or for the levying of estate taxes,
and Johnson of Lake, Luckie and Bennett of Duval- not exceeding in the aggregate the amounts which may by
any law of the United States be allowed to be credited against
House Bill No. 292: or deducted from any similar tax upon inheritances, or
A bill to be entitled An Act to amend Sections Two and taxes on estates assessed or levied by the United States on
Three, Chapter 16774, Acts of 1935, Laws of Florida, by the same subject, but the power of the Legislature to
prescribing the manner of making application for a license levy such inheritance taxes, or estate taxes in this State,
to sell, barter, exchange or otherwise dispose of or dispense shall exist only so long as, and during the time, a similar
liquor, wine and beer or other beverages containing more tax is enforced by the United States against Florida in-
than one per centum of alcohol by weight, where the heritances or estates and shall only be exercised or enforced
place of business to be licensed is located outside the cor- to the extent of absorbing the amount of any deduction
porate limits of a municipality; prescribing the duties of or credit which may be permitted by the laws of the United
Circuit Judges and Judges of Criminal Courts of Record States, now existing or hereafter enacted to be claimed by
and the clerks of such courts in relation to such applica- reason thereof, as a deduction or credit against such similar
tions, and fixing the filing fee for the filing thereof; pre- tax of the United States applicable to Florida inheritances

84 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 17, 1941

or estates. The Legislature may provide for the appro- Committee vote was as follows:
priation of all taxes collected under this Article to such Yeas-Messrs. Burwell, Bennett, Bonifay, Carroll, Graves,
State, county, municipal or educational purposes as it may Harris, Inman, Johnson, McLane, Overstreet, Papy, Peeples,
deem advisable. Sheldon, Shafer, Shivers, Stewart, Versaggi and Cawthon.
Which was read the first time in full and referred to the Nays-None.
Committee on Constitutional Amendments. Very Respectfully,
RAINEY CAWTHON
By Messrs. Lewis of Gulf and Holt of Dade- ChaifE CAWT Nee.
SChairman of Committee.
House Bill No. 296: And House Bill No. 62, contained in the above report, to-
A bill to be entitled An Act relating to the proceeds from gether with Committee Amendment thereto, was placed on
the sale of lands under Chapter 18296, Laws of Florida, the Calendar of Bills on Second reading.
1937, making the same available to the general revenue
fund and providing for the transfer thereof; and appropriat- April 16, 1941.
ing and earmarking same for the payment of Legislature Mr. Bennett, Chairman of the Committee on Elections, re-
expense and Confederate pensions. ported that the Committee had carefully considered the fol-
Which was read the first time by its title and referred to lowing bill and recommends that it do pass.
the Committee on Finance and Taxation. House Bill No. 23:
By Mr. Sheldon of Hillsborough. A bill to be entitled An Act relating to General Elections in
House Bill No. 297: the State of Florida, providing for the preparation and form
of ballot to be used therein, and repealing all laws and parts
A bill to be entitled An Act exempting machines used for of laws ontis to be e tereieelaws and parts
vending drinking cups, postage stamps and also coin op- laws inconsistent ith the provisions hereof
erated machine devices, such as parcel checking lockers and Committee vote was as follows:
toilet locks, used in railroad, bus, airport stations, depots and Yeas-Messrs. Bennett, Butt, Clements (Columbia), Croft,
hotels, boarding houses, restaurants and rest rooms, for Gillespie, Helie, Holt, Jenkins, Lane, Leaird, Thomas and
the convenience of or in rendering service to the public, Turner.
from any and all license taxes. Nays-None.
Which was read the first time by its title and referred to No Committee Members were absent.
the Committee on Finance & Taxation.ery Respectfully,
Very Respectfully,
By Mr. Helie of Escambia- CHARLES E. BENNETT,
House Bill No. 298: Chairman of Committee.
A bill to be entitled An Act to amend Section 7 of Chap- And House Bill No. 23, contained in the above report, to-
ter 6955, Laws of Florida, Acts of 1915, being "An Act for gether with Committee Amendments thereto, was placed on
the examination of moving picture machine operators and the Calendar of Bills on Second Reading.
assistants, and for the inspection of machines operated
in all cities of the State of Florida"; providing that the April 16, 1941.
provisions of said Act shall not apply to cities and towns of Mr. Bennett, Chairman of the Committee on Elections re-
less than 50,000 inhabitants, according to the last State ported that the Committee had carefully considered the fol-
or Federal census. lowing bill and recommends that it do not pass.
Which was read the first time by its title and referred to House Bill No. 216
the Committee on Public Health.
A bill to be entitled An Act to provide for the nomination
By Messrs. Wiseheart, Holt and Overstreet of Dade- of candidates of the various National political parties for
House Bill No. 299: National, State, District, County and Precinct offices and
to provide for the names of such candidates to be printed
A bill to be entitled An Act concerning the conservation upon the official ballots.
of crude petroleum oil and natural gas; defining and pro-
hibiting waste thereof; requiring notice of intention to drill, Committee vote was as follows:

deepen or plug any such well; requiring the filing of a
complete record or log of the drilling of any such well Yeas-Messrs. Bennett and Clements (Columbia).
authorizing the State Board of Conservation to make rules Nays-Messrs. Butt, Croft, Gillespie, Helie, Holt, Jenkins,
and regulations and to prescribe forms for the purpose of Lane, Leaird, Thomas and Turner.
carrying out the intent of this Act, and providing penalties No Committee Members were absent.
for the violation of any provision of this Act and of any Very Respectfully,
rule or regulation made pursuant hereto. CHARLES E. BENNETT,
Which was read the first time by its title and referred to Chairman of Committee.
the Committee on Judiciary "A." And House Bill No. 216, contained in the above report, was
laid on the table under the rules.
COMMITTEE REPORTS
April 17, 1941. April 16, 1941.
Mr. Cawthon, Chairman of the Committee on Public Roads Mr. Bennett, Chairman of the Committee on Elections, re-
and Highways, reported that the Committee had carefully ported that the Committee had carefully considered the fol-
considered the following bill and recommends that it do pass, lowing bill and recommends that it do pass.
as amended. House Bill No. 12:
House Bill No. 62: A bill to be entitled An Act requiring that the American
A bill to be entitled An Act relating to city and town Flag shall be displayed at polling places in the State of Flor-
streets and roads or portions thereof, viaducts and bridges, ida during voting hours and requiring the furnishing and
that constitute the route of connection between or ex- erection thereof by certain officers.
tension of State roads in the State highway system; de-
claring that such serve a State purpose; providing for their Committee vote was as follows:
designation by the State Road Department; authorizing and Yeas-Messrs. Bennett, Butt, Clements (Columbia), Croft,
requiring the State Road Department to maintain and re- Gillespie, Helie, Holt, Jenkins, Lane, Leaird, Thomas and
pair such streets and roads under its supervision and con- Turner.
trol, and to construct and reconstruct such streets and Nays-None.
roads under certain conditions, and authorizing it to ex- No Committee Members were absent.
ercise certain powers with respect to same; and repealing
all laws in conflict herewith. Very Respectfully,
CHARLES E. BENNETT,
Amendment No. 1: Chairman of Committee.
In Section 2, Line 6, of the bill strike all after the word And House Bill No,. 12, contained in the above report,
"travel" to end of sentence, including word "proper." was placed on the Calendar of Bills on Second reading.

April 17, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 85

April 16, 1941. (Pinellas), Clements (Columbia), Commander, Cook, Croft,
Mr. Bennett. Chairman of the Committee on Elections, re- Davis, Dixon, Dowda, Driggers, Dugger, Dunham, Gillespie,
ported that the Committee had carefully considered the fol- Graves, Harrell, Harris (Alachua), Harris (Pinellas), Hatch,
lowing bill and recommends that it do not pass. Helie, Horrell, Hosford, Inman, Johnson, Lambe, Lane, Lanier,
House Bill No. 13: Leedy, Leonardy, Lewis, Littlefield, Luckie, McDonald, McLane,
Middleton, Minshall, Morrow, Murray, Overstreet, Perry, Pot-
A bill to be entitled An Act fixing the time for opening and ter, Priest, Riddles, Rivers, Rogers, Safford, Scales, Shave, Shel-
closing the polls in Primary, General and Special Elections in don, Shivers, Simpson, Slappey, Smith, Stewart, Thomas, To-
the State of Florida, and repealing Section 309 Compiled Gen- land, Turner, Vathis, Versaggi, Williams, Wotitzky, Yaeger-
eral Laws of Florida, 1927, being Section 253 of the Revised 79
General Statutes of Florida, 1920. Nays-None.
Committee vote was as follows: So House Memorial No. 3 passed.
Yeas-None. Mr. Turner moved that the rules be further waived and
Nays-Messrs. Bennett, Butt, Clements (Columbia), Croft, that House Memorial No. 3 be immediately certified to the
Gillespie, Helie, Holt, Jenkins, Lane, Leaird, Thomas and Senate.
Turner. Which was agreed to by a two-thirds vote.
No Committee Members were absent. And House Memorial No. 3 was ordered immediately
Very Respectfully, certified to the Senate.
CHARLES E. BENNETT,
Chairman of Committee. Mr. Turner moved that the House do now revert to the
And House Bill No. 13, contained in the above report, was regular order of business.
laid on the table under the rules. Which was agreed to.
April 16, 1941. And it was so ordered.
April 16, 1941.
Mr. Bennett, Chairman of the Committee on Elections, re- Mr. Simpson moved that the first Local Bill night be set
ported that the Committee had carefully considered the fol- for Tuesday, April 22, at 8:00 o'clock P. M.
lowing bill and recommends that it do pass. Which was agreed to.
House Bill No. 137: And it was so ordered.
A bill to be entitled An Act to amend Section 27 of Chap- Mr. Sheldon asked unanimous consent to withdraw House
ter 4328, Laws of Florida, Acts 1895 Legislature, being Section Bill No. 108 from further consideration of the House.
309, Compiled General Laws of Florida 1927, providing for And without objection, it was so ordered.
the time of opening and closing the polls at all general,
primary and special elections in" the State of Florida. Mr. Junkin moved that the rules be waived and that the
House do now revert to the order of Introduction of House
Committee vote was as follows: Bills and Joint Resolutions.
Yeas-Messrs. Bennett, Butt, Clements (Columbia), Croft, Which was agreed to by a two-thirds vote.
Gillespie, Helie, Holt, Jenkins, Lane, Leaird, Thomas and And it was so ordered.
Turner.
Nays-None. INTRODUCTION OF HOUSE BILLS AND JOINT
No Committee Members were absent. RESOLUTIONS
Very Respectfully,
Very Res full ENNETT, By Mr. Junkin of Collier-
CHARLES E. BENNETT,
Chairman of Committee. House Bill No. 300:
And House Bill No. 137, contained in the above report, A bill to be entitled An Act to amend Section 2 of Chapter
was placed on the Calendar of Bills on second reading. 18710 of the Laws of Florida, 1937, approved June 3, 1937,
entitled, "An Act to amend Sections 2, 6 and 37 of Chapter
Mr. Turner moved that the rules be waived and the 13122 of the Laws of Florida, 1927, approved May 19, A. D.
House do now revert to the order of Introduction of House 1927, entitled, 'An Act to repeal the present charter of
Memorials. the Town of Naples, Chapter 9846, Acts of 1923, and to
Which was agreed to by a two-thirds vote. create a new charter for said town, define its jurisdiction,
And it was so ordered. boundaries, powers, privileges, and immunities, and val-
idating all its assessments and levies heretofore made and
INTRODUCTION OF HOUSE MEMORIALS prescribing the general powers to be exercised by said
town' and to extend the corporate limits of the Town of
By Mr. Turner of St. Johns- Naples and to delegate certain powers to said municipal-
House Memorial No. 3: ity and prescribe regulations governing the issuance of
Memorializing Congress to consider locating munitions general bonds by said town, by taking certain lands out
plants in the State of Florida. of the jurisdiction of the Town of Naples and redefine the
.. boundaries of said town.
Which was read the first time by its title. boundaries Of said town.
Which Bill was read the first time by its title and had at-
Mr. Turner asked unanimous consent of the House to tached to same when introduced in the House of Representa-
now take up and consider House Memorial No. 3. tives, the following proof of publication, which was ordered
Which was given. to be entered in full upon the Journal of the House of Rep-
"reCentatives :
Mr. Turner moved that the rules be waived and House
Memorial No. 3 be read a second time by its title.. AFFIDAVIT OF PROOF OF PUBLICATION
Which was agreed to by a two-thirds vote. STATE OF FLORIDA,
And House Memorial No. 3 was read a second time by its COUNTY OF COLLIER.
title. Before me, the undersigned authority, personally appeared
D. Graham Copeland, who, on oath, does solemnly swear
Mr. Turner moved that the rules be further waived and that he has knowledge of the matters stated herein; that
that House Memorial No. 3 be read a third time in full a notice stating the substance of a contemplated law or
and placed upon its passage. proposed bill relating to An Act which Rep. J. L. Junkin
Which was agreed to by a two-thirds vote. intends to present to 1941 Florida Legislature has been
And House Memorial No. 3 was read a third time in full. published at least thirty (30) days prior to this date by
being printed in the issue of February 20 through April 3.
When the vote was taken on the passage of House Memorial 1941, inc., of the Collier County News, a newspaper pub-
No. 3, the result was: lished in Collier County, Florida, where the matter or
thing to be affected by the contemplated law is situate;
Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers, that a copy of the notice that has been published, as afore-
Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, said, and also this affidavit of proof of publication are
Bryan, Burks, Burwell, Carroll, Cawthon, Chavous, Clement attached to the proposed bill or contemplated law, and

86 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 17, 1941

such copy of the notice so attached is by reference made Senate Chamber,
a part of this affidavit. Tallahassee, Florida, April 16, 1941.
D. GRAHAM COPELAND. Honorable Dan McCarty,
Sworn to and subscribed before me this 7th day of April, Speaker of the House of Representatives,
A. D., 1941.- Sir:
(Seal) I am directed by the Senate to inform the House of Rep-
NORMAN A. HERREN, resentatives that the Senate has passed-
Notary Public State of Florida at Large. Senate Bill No. 103:
My Commission expires May 14, 1943. A bill to be entitled An Act to prohibit live stock from
And the House of Representatives thereupon determined running or roaming at large within the following territorial
that the notice and evidence thereof required by Section 21 limits of Lee County in the State of Florida, and providing
of Article III of the Constitution, has been established in this for the enforcement of this Act and for the impounding of
Legislature. live stock found running or roaming at large in said portion
ose Bi N. 300 was placed on the Calendar of Local of Lee County in the State of Florida, and providing that
Bills on Second Reading. persons damaged by such live stock running or roaming at
ils on Second eadg. large may recover damages therefore and providing a penalty
By Mr. Harrell of Hamilton- for the violation of the provisions of this Act and for the
House Bill No. 301: taking effect of said Act.
A bill to be entitled An Act relating to and regulating Also-
certain classes of insurance agents and solicitors; to pro- Senate Bill No. 91:
vide for the examination and licensing of such insurance ntitd An At Amn ion o
agents and solicitors; fixing the fees to be paid therefore Aombd erf ra be
and the appropriation thereof; to provide for the suspen- ompiled General Laws of Florida, 1927, being Chapter 11
sion or revocation of such licenses and the procedure of the General Acts of the 1927 Legislature, as Amendedb
thereunder; to make it unlawful to engage in the business Chapter 14695 of 'the General Acts of the 1931 Legislature,
ereunder to make it onla l to engge in te business; Fixing the Time for Holding the Terms of the Circuit Courts
of an insurance agent oror soc without having first pro- in the Second Judcial Circuit of Florida
cured a license; to prescribe qualifications of an insur-
ance agent or solicitor, and the powers and duties of the Also-
State Treasurer or Insurance Commissioner in determining Senate Bill No. 94:
same, and prescribing certain additional qualifications of A bill to be entitled An Act redesignating and re-estalish
agents in cities and towns having certain populations; to ing Road Number 84; authorizing and empowering the State
require the payment of certain license taxes and quali- Road Department of Florida to construct and maintain said
fiction fees; to provide for the expense of the adminis- road as redesignated; and providing that said State Road
tration of this Act; to prohibit insurers from effecting Number 84 as redesignated aId re-established shall be known
contracts of insurance, or giving compensation therefore as the Hays Lewis Memorial Highway.
except to duly licensed agents under this Act; to provide
penalties for the violation of the provisions of this Act; And respectfully requests the concurrence of the House
to amend Section 1 of Chapter 17069, Laws of Florida, Acts therein.
of 1935; to amend Section 2 of Chapter 17069, Laws of Very respectfully,
Florida, Acts of 1935; to amend Section 4 of Chapter 17069, ROBT. W. DAVIS,
Laws of Florida, Acts of 1935; to amend Section 5 of Chap- Secretary of the Senate.
ter 14741, Laws of Florida, Acts of 1931; which said sec- And Senate Bill No. 103 contained in the above message,
tions of said Acts to be amended relate to the subject mat- was read the first time by its title and was placed on the
ter hereinabove set forth; and to repeal all laws in conflict Local Calendar.
herewith. And Senate Bill No. 91, contained in the above message,
Which was read the first time by its title and referred to was read the first time by its title.
the Committee on Insurance. Mr. Cawthon moved that the rules be waived and Senate
By Mr. Holt of Dade- Bill No. 91 be placed on the Calendar without reference.
House Bill No. 302: Which was agreed to by a two-thirds vote.
A bill to be entitled An Act relating to and governing the And it was so ordered.
exercise of appellate jurisdiction by Circuit Court having And Senate Bill No. 94 contained in the above message,
more than four circuit judges. was read the first time by its title.
Which was read the first time by its title and referred to Mr. Lame asked unanimous consent of the House to
the Committee on Census and Apportionment. take up and consider Senate Bill No. 94.
By Mr. Holt of Dade- And without objection, it was so ordered.
House Bill No. 303:
House Bill No. 303 Mr. Lambe moved that the rules be waived and Senate
A bill to be entitled An Act relating to appeals by writs Bill No. 94 be read a second time by its title.
of error or as otherwise provided by law to the Circuit
Court in circuits having more than four circuit judges, and Which was agreed to by a two-thirds vote.
limiting the time for such appeal; the duties of and fees And Senate Bill No. 94 was read a second time by its
allowed to the clerk of the Trial Court, or judge if there title.
be no clerk, and the Circuit Court clerk; amending Sec- Mr. Lambe moved that the rules be further waived and
tion Eleven (11) of Chapter 11;357, Laws of Florida, Acts that Senate Bill No. 94 be read a third time in full and
of 1925 and repealing Chapter 15,666, Laws of Florida, Acts pc uo i psa
of 1931 placed upon its passage.
Which was read the first time by its title and referred to Which was agreed to by a two-thirds vote.
the Committee on Census and Apportionment. And Senate Bill No. 94 was read a third time in full.
By Messrs. Dugger of Baker and Rivers of Clay-- When the vote was taken on the passage of Senate Bill
House Bill No. 304: No. 94 the result was :
A bill to be entitled An Act to appropriate to the old Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Bailey,
A bill to bne entitled An Act hilto appropriate to the oldn Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, Bryan,
age assistance and depeendee s all revenues Buks, Burwell, Carroll, Cawthon, Chavous, Clark Clement
andliquor statutends collected undt otherwise heretoforrage or intoxappropriated. (Pinellas), Clements (Columbia), Commander, Cook, Croft,
liquor statutes not otherwise heretofore appropriated. Davis, Dixon, Dowda, Driggers, Dugger, Dunham, Gillespie,
Which was read the first time by its title and referred to Graves, Gray, Harrell, Harris (Alachua), Harris (Pinellas),
the Committee on Finance and Taxation. Helie, Hendry, Holt, Horrell, Hosford, Inman, Jenkins, John-
son, Lambe, Lane, Leedy, Leonardy, Littlefield, Luckie, Mc-
MESSAGES FROM THE SENATE Donald, McLane, Middleton, Minshall, Murray, Overstreet,
The following message from the Senate was received and Perry, Potter, Priest, Riddles, Rivers, Rogers, Safford, Scales,
Spread: Shafer, Shave, Sheldon, Shivers, Simpson, Slappey, Smith,

April 17, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 87

Strayhorn, Thomas, Toland, Vathis, Versaggi, Williams, Wise- hereof. There is hereby enacted an act which may be
heart, Wotitzky, Yaeger-80. referred to as the "Rural Housing Authorities Law of
Nays-None. Florida", as follows:
So Senate Bill No. 94 passed, title as stated. Mr. Jenkins moved the adoption of the amendment.
And the same was ordered certified to the Senate. W h was mged t, ado n th e amendment was adopted.
Which was agreed to, and the amendment was adopted.
Mr. Jenkins called a point of order that the hour of
11:00 o'clock had arrived and it was time to take up and Amendment No. 3:
consider the special and continuing order. The Committee on Building & Loan Associations offered
SPECIAL AND CONTINUING ORDER FOR 11:00 the following amendment to House Bill No. 6:
O'CLOCK. In Section 1, sub-Section 27, after the figure 4 as it
House Bill No. 6: first appears in said subsection, strike out the words "of
this Housing Authorities Law" and insert in lieu thereof
A bill to be entitled An Act to amend Chapter 17,981, Laws the following "of Chapter 17981, Laws of Florida, Acts of
of Florida, Acts of 1937, entitled "An Act to declare the 1937, as amended by Chapter 19510, Laws of Florida, Acts
necessity of creating public bodies corporate and politic to of 1939.
be known as Housing Authorities to undertake slum clear-
ance and projects to provide dwelling accommodations for Mr. Jenkins moved the adoption of the amendment.
persons of low income; to create such Housing Authorities Which was agreed to, and the amendment was adopted.
in cities having a population of more than 5,000; to define
the powers and duties of Housing Authorities and to provide Amendment No. 4:
for the exercise of such powers, including acquiring property, The Committee on Building & Loan Associations offered
borrowing money, issuing debentures and other obligations, the following amendment to House Bill No. 6:
and giving security therefore; to provide that Housing Au- In Section 33, line 10, at end of section insert the fol-
thorities may obtain validation of their obligations and pro- -lowing:
ceedings; and to confer remedies on obligee of Housing "PROVIDED, HOWEVER that if it becomes necessary for
Authorities," as amended by Chapter 19,510, Laws of Florida, an applicant under this paragraph to convey any portion
Acts of 1939, by adding thereto the following sections to be of his then homestead in order to take advantages as pro-
designated and known as Sections 27, 28, 29, 30, 31, 32, 33 vided herein, then in that event, the parting with title
and 34 to create Housing Authorities for counties and to to a portion of said homsetead shall not affect the remaining
provide for the organization of such authorities, to authorize portion of same, but all rights that said owner may have
the creation and organization of Regional Housing Author- in and to same under and by virtue of the Constitution of
cities by groups of Counties, to, define the powers, duties and the State of Florida or any law passed pursuant thereto,
area of operation of such Housing Authorities, to provide for shall be deemed and held to apply to such remaining por-
the appointment of Commissioners of such Housing Author- tion of said land, the title of which remains in said appli-
ities and to authorize such Housing Authorities to provide cant; it being the intention of the Legislature to permit
housing for farmers of low income, the owner of any farm operated or worked upon by farmers
Was taken up. of low income in need of safe and sanitary housing to take
Mr. Jenkins moved that the rules be waived and House advantage of the provisions of this Act without jeopardizing
Bill No. 6 be read a second time by its title. their rights in their then homestead by reason. of any re-
Stquirement that may be necessary in order for them to re-
Which was agreed to by a two-thirds vote. ceive the benefits herein provided; and no court shall ever
And House Bill No. 6 was read a second time by its title. construe that an applicant who has taken advantage of this
Amendment No. 1: Act has in any manner, shape or form abandoned his rights
The Com e on B g & Ln As o d in any property that is his then homestead by virtue of such
The Committee on Building & Loan Associations offered action upon his part, but it shall be held, construed and
the following amendment to House Bill No. 6: deemed that such action upon the part of any applicant
Strike out the title and insert in lieu thereof the following: hereunder was not any abandonment of his then home-
An Act relating to rural housing, to create housing authori- stead, and that all rights that he then had therein shall
ties for counties and to provide for the organization of such be and remain as provided by the Constitution and any
authorities, to authorize the creation and organization of law enacted pursuant thereto.
regional housing authorities by groups of counties, to define
the powers, duties and area of operation of such housing Mr. Jenkins moved the adoption of the amendment.
authorities, to provide for the appointment of commissioners Which was agreed to, and the amendment was adopted.
of such housing authorities and to authorize such housing Amendment No. 5:
authorities to provide housing for farmers of low income
and to provide that the provisions of Chapter 17,981, Laws Mr. Jenkins of Alachua offered the following amendment
of Florida, Acts of 1937, entitled "An Act to declare the to House Bill No. 6:
necessity of creating public bodies corporate and politic In Section 1, sub-Section 27, line 15 of the second paragraph
to be known as housing authorities to undertake slum after the words "as used in" and before the words "Housing
clearance and projects to provide dwelling accommodations Authorities Law" strike out the word "this" and insert the
for persons of low income; to create such housing authori- following: the word "the"
ties in cities having ,a population of more than 5,000; to Mr. Jenkins moved the adoption of the amendment.
define the powers and duties of housing authorities and
to provide for the exercise of such powers, including ac- Which was agreed to, and the amendment was adopted.
quiring property, borrowing money,, issuing debentures and Amendment No. 6:
other obligations, and giving security therefore; to provide Mr. Jenkins of Alachua offered the following amendment
that housing authorities may obtain validation of their to House Bill No. 6:
obligations and proceedings; and to confer remedies on
obligee of housing authorities", as amended by Chapter 19,510, In Section 1, Subsection 27, strike out the last three words
Laws of Florida, Acts of 1939, shall apply to this Act ex- of said subsection, to-wit: "as herein defined" and insert
cept when in conflict herewith, the following "as defined in the Housing Authorities Law,
as amended".
Mr. Jenkins moved the adoption of the amendment.
Which was agreed to, and the amendment was adopted. Mr. Jenkins moved the adoption of the amendment.
Which was agreed to, and the amendment was adopted.
Amendment No. 2:
The Committee on Building & Loan Associations offered Amendment No. 7:
the following amendment to House Bill No. 6: Mr. Jenkins of Alachua offered the following amendment
to House Bill No. 6:
In Section 1, of the bill, strike out all of first paragraph to House Bi No. 6:
and insert in lieu thereof: In Section 1, Subsection 29, lines 5 and 6 of the second
Sctin 1 Tht C p 17,81 L s of Fri Ac of paragraph strike out the words "as herein defined" and
Section 1. That Chapter 17,981, Laws of Florida, Acts of insert the following: "as defined in the Housing Authorities
1937, as amended by Chapter 19,510, Laws of Florida, Acts Law, as amended,"
of 1939, known as the "Housing Authorities Law of Florida,
as amended" shall apply hereto in so far as such provisions Mr. Jenkins moved the adoption of the amendment.
are applicable and are not in conflict with the provisions Which was agreed to, and the amendment was adopted.

88 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 17, 1941

Amendment No. 8: thereof; and conferring jurisdiction upon the Circuit Court
Mr. Jenkins of Alachua offered the following amendment to issue writs of mandamus and certiorari in order to give
to House Bill No. 6: effect to the provisions of said Act.
In Section 1, Subsection 29, line 32, strike out the words PROOF OF PUBLICATION ATTACHED.
"(a)" and insert the following: "(2)" And respectfully requests the concurrence of the House
therein.
Mr. Jenkins moved the adoption of the amendment. Very respectfully,
Which was agreed to, and the amendment was adopted. ROBT. W. DAVIS,
SN Secretary of the Senate.
Amendment No. 9: And Senate Bill No. 45 contained in the above message,
Mr. Jenkins of Alachua offered the following amendment was read the first time by its title and was placed on the
to House Bill No. 6: Local Calendar.
In Section 1, Subsection 31, line 10, strike out the word And Senate Bill No. 43 contained in the above message,
"this" and insert the following: "the" was read the first time by its title and was placed on the
Mr. Jenkins moved the adoption of the amendment. Local Calendar.
Which was agreed to, and the amendment was adopted. The following message from the Senate was received and
Amendment No. 10: read:
Mr. Jenkins of Alachua offered the following amendment Senate Chamber,
to House Bill No. 6: Tallahassee, Florida, April 16, 1941.
In Section 1, Subsection 32, lines 20, before the words Honorable Dan McCarty,
"Housing Authorities Law" strike out the word "this" and Speaker of the House of Representatives,
insert the following: "the" Sir:
I am directed by the Senate to inform the House of
Mr. Jenkins moved the adoption of the amendment. Representatives that the Senate ha adoprm the Houd-
Which was agreed to, and the amendment was adopted. Senate Memorial No. 6:
Mr. Jenkins moved that the rules be further waived and TO THE HONORABLE FRANKLIN D. ROOSEVELT,
House Bill No. 6, as amended, be read a third time in full PRESIDENT OF THE UNITED STATES, AND THE HON-
and placed upon its passage. ORABLE SENATE AND HOUSE OF REPRESENTATIVES
Which was agreed to by a two-thirds vote, IN CONGRESS OF THE UNITED STATES ASSEMBLED:
And House Bill No. 6, as amended, was read the third We, your Memorialists, the Senate and House of Repre-
time in full. sentatives of the State of Florida in Legislative Session
Upon call of the roll on the passage of House Bill No. 6, assembled, do most respectfully memorialize and petition
as amended, the vote was: The President and Congress assembled, as follows:
Yeas-Mr. Speaker; Messrs. Acosta, Andrews, Bailey, Beck, WHEREAS, the Saint Augustine Historical Program has
Bennett, Best, Bonifay, Boyd, Brackin, Brady, Bryan, Burks, been organized and undertaken under the leadership and
Burwell, Butt, Carroll. Cawthon, Chavous, Clark, Clements sponsorship of the City of Saint Augustine, the State of
Columbia), Cook, Croft, Dixon, Dowda, Driggers Dugger, Florida, the Carnegie Institution of Washington, the Amer-
Dunhm, Getzen, Gillespie. Graves, Gray, Harrell, Harris ican Council of Learned Societies the American Philo-
(Alachua) Harris (Pinellas), Hatch, Hendry, Holt, Hos- sophical Society, the United States Department of the
ford, Inman, Jenkins, Johnson, Lambe, Lane, Leaird, Leon- Interior, National Park Service, and other distinguished
hardy, Littlefeld, Luckie, McLane Middleton, Morrow, M national organizations and individuals for the purpose of
ray, Overstreet, Papy, Peeples, Perry, Potter, Priest, Riddles, studying, preserving, and developing the rich materials
Rivers, Safford, Shafer, Shivers, Simpson, Slappey, Smith, relating to the Spanish colonization of Saint Augustine and
the' region of which it was the historical capital; and
Stewart, Turner, Vathis, Versagi, Williams, Wiseheart, the reon of which it was the historical ; and
Wotitzky, Yaeger-73. WHEREAS, the State of Florida by reason of its dis-
Nays-Messrs. Clement (Pinellas), Commander, Helie, Hor- cover by Ponce de Leon and later colonization by Spain
rell, Leedy, Minshall, Sheldon, Thomas8. became the cradle of American civilization and is today
So House Bill No. 6 passed, as amended. the crossroad of all the Americas; and
And the same was ordered referred to the Committee on WHEREAS, the Saint Augustine Historical Program rec-
penrssd Bls ognizes the significant contribution of Spain to the processes
Egrosed Bil. of American civilization, and provides as its primary pur-
Mr. Simpson moved that the rules be waived and that pose for the creation in Saint Augustine and in the region
the House do now revert to the order of Senate Messages. associated with it, through the development of important
Which was agreed t to wo-thirds vote. historic sites and buildings, of a national shrine commemo-
And it was so ordered, rating this important period in the history of the United
States; and
MESSAGES FROM THE SENATE WHEREAS, there is to be established in Saint Augustine,
The following message from the Senate was received and Florida, as a part of the general plan of the Saint Augus-
read: tine Historical Program a permanent' Inter-American Cul-
Senate Chamber, tural Center to commemorate the founding of Saint Augus-
Tallahassee, Florida, April 16, 1941. tine; and
Honorable Dan McCarty, WHEREAS, the cultural relationships between the United
Speaker of the House o the House o Representatives, States and the other American republics are of paramount
Sir: importance; and
I am directed by the Senate to inform the HoueSenate tof WHEREASinform theHouse WHEREAS, the Inter-American Cultural Center and the
Representatives that the Senate has passed- Saint Augustine Historical Program will afford an oppor-
Senate Bill No. 45: tunity for the advancement of these relationships; and
A bill to be entitled An Act to fix the times for holding WHEREAS, such a cultural center in relationship to other
the regular terms of County Court in Gadsden County, elements of the general plan of the Saint Augustine His-
Florida. torical Program is worthy and deserving of the support
PROOF OF PUBLICATION ATTACHED. and encouragement of the United States; and
WHEREAS, the State of Florida has already gone on rec-
Also- ord as approving and sponsoring the Saint Augustine His-
Senate Bill No. 43: torical Program, and to that end has appropriated Fifty
A bill to be entitled An Act providing for tenure of Thousand Dollars for the carrying on of said Program:
employment of teachers in the Public Schools of Hills- NOW, THEREFORE BE IT RESOLVED, that your Memo-
borough County, Florida; defining terms used in said Act; rialists do respectfully memorialize and petition the Con-
providing when teachers are entitled to tenure of em- gress of the United States, in order to accomplish the
ployment and the causes for which such teachers may be foregoing purposes to authorize by suitable legislative en-
discharged or demoted and prescribing the procedure actment the proper agency or agencies of the Federal Gov-

April 17, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 89

ernment to establish at Saint Augustine, Florida, an Inter- And respectfully requests the concurrence of the House
American Cultural Center to be maintained permanently therein.
thereafter, to commemorate the founding of Saint Augus- Very respectfully,
tine, and particularly for the advancement of the cultural ROBT. W. DAVIS,
relationship between the United States and the other Amer- Secretary of the Senate.
ican Republics. And Senate Bill No. 25 contained in the above message, was
BE IT FURTHER RESOLVED, that copies of this Memo- read the first time by its title.
rial be immediately transmitted to the President of the
United States, and to the Senate and House of Representa- Mr. Cawthon moved that the rules be waived and Senate
tives of the United States, and to each Senator and Repre- Bill No. 25 be placed on the Calendar without reference.
sentative in Congress from the State of Florida. Which was agreed to by a two-thirds vote.
And respectfully requests the concurrence of the House And it was so ordered.
therein.
.terei. The following message from the Senate was received and
Very respectfully, read:
ROBT. W. DAVIS, Senate Chamber,
Secretary of the Senate. Tallahassee, Florida, April 16, 1941.
And Senate Memorial No. 6 contained in the above mes- Honorable Dan McCarty,
sage, was read the first time by its title. Speaker of the House of Representatives,
Sir
Mr. Versaggi asked unanimous consent of the House to now i
take up and consider Senate Memorial No. 6. I am directed by the Senate to inform the House of
Representatives that the Senate has passed-
And without objection, it was so ordered.Senate Bill No. 2
Mr. Versaggi moved that the rules be waived and Senate A bill to be entitled An Act to repeal Sections 1425 to 1442
Memorial No. 6 be read a second time by its title, inclusive of the Revised General Statutes of Florida, 1920,
Which was agreed to by a two-thirds vote. being Sections 2079 to 2096 inclusive of the Compiled Gen-
And Senate Memorial No. 6 was read a second time by its eral Laws of Florida, 1927, and being Chapter 7292, Laws of
title. Florida, Acts of the 1917 Session of the Legislature, entitled,
"An Act to provide for the organization, equipment and main-
Mr. Versaggi moved that the rules be further waived and tenance of County Guards, to prescribe its powers, duties and
that Senate Memorial No. 6 be read a third time in full and regulations, to provide for its maintenance, its terms of ser-
placed upon its passage, vice, and prescribing the duties of the County Commissioners
Which was agreed to by a two-thirds vote. in relation thereto."
And Senate Memorial No. 6 was read a third time in full. Also-
When the vote was taken on the passage of Senate Memorial Senate Bill No. 57:
No. 6, the result was: A bill to be entitled An Act continuing the operation and
effect of Chapter 19248, Laws of Florida, 1939, until passage
Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers, by the Legislature of a law putting into effect the State
Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Bryan, Parole Commission contemplated under Article 16, Section
Burks, Burwell, Butt, Carroll, Cawthon, Chavous, Clark, Clem- 32, of the Constitution of Florida, and further providing for
ent (Pinellas), Clements (Columbia), Commander, Cook, the payment of the expresses accrued and to accrue inci-
Crary, Croft, Dixon, Dowda, Driggers, Dugger, Dunham, Get- expresses accrued and to accrue
zen, Gillespie, Graves, Gray, Harrell, Harris (Pinellas), Hatch, enal ere
Helie, Hendry, Holt, Horrell, Hosford, Inman, Jenkins, John- Also-
son, Junkin, Lambe, Lane, Lanier, Leaird, Leedy, Leonardy, Senate Bill No. 77:
Lewis, Littlefield, Luckie, McLane, Middleton, Minshall, Mor- A bill to be entitled An Act to provide, upon payment in
row, Murray, Overstreet, Papy, Peeples, Perry, Potter, Priest, cash of all taxes due the State of Florida, for the cancellation
Riddles, Rivers, Rogers, Safford, Shafer, Shave, Sheldon, Shiv- and/or release of all State and/or County Taxes and/or Spe-
ers, Simpson, Slappey, Smith, Strayhorn, Thomas, Toland, cial District Taxes held or owned by the State and/or Holmes
Turner, Vathisp Versaggi, Williams, Wiseheart, Wotitzky, County, on, certain lands in Bonifay, Holmes County, Florida,
Yaeger-87. more particularly described as follows: Lots 11 and 12, Block
Nays-None. 121, located in Bonifay, Holmes County, Florida, according to
So Senate Memorial No. 6 passed, title as stated. the Map of Bonifay drawn by G. W. Banfill, on file in the
office of the Clerk of the Circuit Court of Holmes County,
Mr. Versaggi moved that the rules be further waived and Florida.
that Senate Memorial No. 6 be immediately certified to the And respectfully requests the concurrence of the House
Senate. therein.
Which was agreed to by a two-thirds vote. Very respectfully,
And Senate Memorial No. 6 was ordered immediately certi- ROBT. W. DAVIS,
fied to the Senate. Secretary of the Senate.
And Senate Bill No. 21 contained in the above message, was
The following message from the Senate was received and read the first time by its title and was referred to the Comn-
read: mittee on Judiciary "A."
Senate Chamber And Senate Bill No. 57 contained in the above message, was
Tallahassee, April 15, 1941. read the first time by its title and was referred to the Com-
Honorable Dan McCarty, mittee on Judiciary "A."
Speaker of the House of Representatives, And Senate Bill No. 77 contained in the above message, was
Sir: read the first time by its title and was referred to the Com-
I am directed by the Senate to inform the House of mittee on Finance & Taxation.
Representatives that the Senate has passed- The following message from the Senate was received
Senate Bill No. 25: and read:
A bill to be entitled An Act relating to city and town streets Senate Chamber,
and roads, or portions thereof, viaducts and bridges, that con- Tallahassee, Florida, April 16, 1941.
stitute the route of connection between or extension of State Honorable Dan McCarty,
Roads in the State Highway System; declaring that such serve Speaker of the House of Representatives,
a State purpose; providing for their designation by the State Sir:
Road Department; authorizing and requiring the State Road I am directed by the Senate to inform the Hoeuse of Rep-
Department to maintain and repair such streets and roads resentatives that the Senate has passed-
under its supervision and control, and to construct and recon-
struct such streets and roads under certain conditions, and Senate Bill No. 7:
authorizing it to exercise certain powers with respect to same; A bill to be entitled An Act imposing an additional tax
and repealing all laws in conflict herewith. upon gasoline or other like products of petroleum; provid-

90 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 17, 1941

ing for reports of sales of such commodities to the Comp- Nays-Messrs. Acosta, Andrews, Bailey, Croft, Davis, Harrell
troller of the State of Florida; providing for the disposition of Harris (Alachua), Horrell, Leonardy, Lewis, Minshall, Scales,
the moneys derived from such taxes, and the apportionment Slappey, Toland-14.
thereof to the General Revenue Fund of the State, and to So House Bill No. 102 passed, as amended.
the County School Fund; providing that the Gasoline In- And the e was ordered referred to the Commi
section Laws of the State of Florida shall apply to this And th same was ordered referred to the Commitee on
Act; prohibiting the levy and collection by Municipalities and Engrossed Bills.
other political subdivisions of gasoline taxes; providing for HOUSE BILLS OF A GENERAL NATURE ON SECOND
the enforcement of this Act, and penalties for violation READING
hereof and providing that this Act is an emergency revenue House Bill No. 24:
measure and shall be of no force and effect from and after
July 1, 1943. A bill to, be entitled An Act to authorize the filing, in-
dexAn respectfullying and recording of certified copies of petitions com-
And respectfully requests the concurrence of the House menacing proceedings under the Bankruptcy Act of the
Very respectfuUnited States, decrees of adjudication in such proceedings,
Very respectfully, and orders approving bonds of trustees appointed in such
ROBT. W. DAVIS, proceedings; to make it the duty of the clerks of the
SSecretary of the Senate. Circuit Courts to file, index and record such copies; and
And Senate Bill No'. 7 contained in the above message, to provide fees for such filing, indexing and recording.
was read the first time by its title and was referred to the Was taken up.
Committee on Finance and Taxation.
A point of order was called by Mr. Wotitzky that the hour Mr. Simpson moved that House Bill No. 24 be informally
of 12:00 o'clock had arrived and it was time to take up the passed.
Special and Continuing Order set for that time. Which was agreed to.
SPECIAL AND CONTINUING ORDER FOR 12:00 And it was so ordered.
O'CLOCK. And-
House Bill No. 102: House Bill No. 61:
A bill to be entitled An Act relating to the publication of A bill to be entitled An Act to amend Section 4846, Revised
official public notices and legal advertisements and the General Statutes of Florida, the same being Chapter 6932
amounts to be charged therefore: amending Section 2944 of Compiled General Laws, 1927, as amended by Section 1
the Revised General Statutes of Florida of 1920, being the Chapter 16067, Acts of 1933, relating to legal holidays
same as Section 3 of Chapter 3022, Laws of Florida, Acts of Was taken up.
1877, as amended by Section 1 of Chapter 12215, Laws of en up.
Florida, Acts of 1927, being the same as Section 4668 of the Mr. Luckie moved that the rules be waived and House
Compiled General Laws of Florida, 1927. Bill No. 61 be read a second time by its title.
Pending on final passage, was taken up. Which was agreed to by a two-thirds vote.
Amendment No. 1: And House Bill No. 61 was read a second time by its
Mr. Morrow of Palm Beach offered the following amend- title.
ment to House Bill No. 102: Mr. Luckie moved that the rules be further waived and
After Section 2a add the following: that House Bill No. 61 be read a third time in full and
Section 2b. Failure to charge the rates prescribed by this placed upon its passage.
Act shall in no way affect the validity of any official public Which was agreed to by a two-thirds vote.
notice or legal advertisement and shall not subject same And House Bill No. 61 was read a third time in full.
to legal attack upon such grounds.
When the vote was taken on the passage of House Bill
Mr. Morrow moved that the rules be waived and that the No. 61 the result was:
amendment be adopted. Yeas-Mr. Speaker; Messrs. Acosta, Andrews, Ayers, Bailey,
Which was agreed to by a two-thirds vote, and the amend- Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, Bryan,
ment was adopted. Burks, Burwell, Carroll, Cawthon, Chavous, Clement (Pinellas),
Amendment No. 2 Clements (Columbia), Commander, Crary, Croft, Davis, Dixon,
Amendment No. Dowda, Driggers, Dunham, Getzen, Gillespie, Graves,
Mr. Acosta of Duval offered the following amendment to Harrell, Harris Alachua), Harris (Pinellas), Hatch, Helie
House Bill No. 102: Hendry, Holt, Horrell, Hosford, Inman, Johnson, Junkin,
Add A Section 4 to House Bill No,. 102. That cost of first Lambe, Lane, Lanier, Leaird, Leedy, Leonardy, Littlefield,
10 inches to 20 inches shall be 50c per square inch. From Luckie. McLane, Middleton, Minshall, Morrow, Murray, Papy,
20 to 40 inches shall be 35c per square inch. From 40 to Peeples, Perry, Potter, Priest, Riddles, Rivers, Rogers, Saf-
50 inches shall be 30c per square inch, and all inches over ford, Scales, Shave, Sheldon, Shivers, Simpson, Slappey,
50 shall be 25c per square inch. Smith, Strayhorn, Thomas, Toland, Turner, Vathis, Versaggi,
Williams, Wiseheart, Wotitzky, Yaeger-82.
Mr. Acosta moved that the rules be waived and the Nays-Messrs. Gray, Overstreet-2.
amendment be adopted. So House Bill No. 61 passed, title as stated.
Mr. Wotitzky moved that the amendment be laid on the Mr. Luckie moved that the rules be further waived and
table. that House Bill No. 61 be immediately certified to the Senate.
Which was agreed to. Which was agreed to by a two-thirds vote.
And the amendment was laid on the table. And House Bill No. 61 was ordered immediately certified
The question recurred on the passage of House Bill No. to the Senate.
102, as amended. And-
And-
When the vote was taken on the passage of House Bill House Bill No. 103:
No. 102 as amended, the result was: A bill to be entitled An Act to designate the General Library
Yeas-Mr. Speaker; Messrs. Allen, Ayers, Beck, Bennett, of the University of Florida as a State Depository of Public
Best, Bonifay, Boyd, Brackin, Brady, Bryan, Burks, Burwell, Documents, to provide for furnishing it said documents, and to
Butt, Carroll, Cawthon, Chavous, Clark, Clement (Pinellas), authorize and instruct it to exchange said documents and to
Clements (Columbia), Commander, Cook, Crary, Dixon, Dow- supply certain material to the Law Library of the University
da, Driggers, Dugger, Dunham, Getzen, Gillespie, Graves, of Florida.
Gray, Harris (Pinellas), Hatch, Helie, Hendry, Holt, Hosford, Was taken up.
Inman, Johnson, Lambe, Lane, Lanier, Leaird, Leedy, Little-
field, Luckie, McLane, Middleton, Morrow, Murray, Over- Mr. Jenkins moved that the rules be waived and House
street, Papy, Peeples, Perry, Potter, Priest, Rivers, Rogers, Bill No. 103 be read a second time by its title.
Safford, Shafer, Shave, Sheldon, Shivers, Simpson, Smith, Which was agreed to by a two-thirds vote.
Strayhorn, Thomas, Vathis, Versaggi, Williams, Wiseheart, And House Bill No. 103 was read a second time by its
Wotitzky, Yaeger-74. title.

April 17, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 91

Mr. Jenkins moved that the rules be further waived and ing for the organization of such Council and for the appoint-
that House Bill No. 103 be read a third time in full and ment of its members by the Governor; providing for their
placed upon its passage. qualifications and term of office; authorizing the Council to
Which was agreed to by a two-thirds vote. employ an Executive Director and other assistants and make
And House Bill No. 103 was read a third time in full. other expenditures to carry out the purposes of this Act; pre-
scribing the powers and duties of the Council; directing the
When the vote was taken on the passage of House Bill Council, and county, local, and Regional Defense Councils to
No. 103 the result was: utilize existing services and facilities; providing for the crea-
Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers, tion.of County, Local and Regional Defense Councils and for"
Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, the powers and duties of such Councils, making appropriations
Bryan, Burks, Burwell, Butt, Carroll, Cawthon, Chavous, to pay the expense of the State Defense Council; and repeal-
Clark, Clement (Pinellas), Clements (Columbia), Crary, ing all laws and parts of laws in conflict herewith.
Croft, Davis, Dixon, Dowda, Driggers, Dugger, Dunham, A
Getzen, Gillespie, Graves, Gray, Harrell, Harris (Alachua), Also- .
Harris (Pinellas), Hatch, Helie, Hendry, Holt, Horrell, Jenkins, House Bi .
Johnson, Junkin, Lambe, Lane, Lanier, Leaird, Leedy, Leon- A bill to be entitled An Act to establish the Florida De-
ardy, Littlefield, Luckie, McLane, Middleton, Minshall, Mor- fense Force; authorizing the Governor, while the National
row, Murray, Overstreet, Papy, Peeples, Perry, Priest, Rid- Guard of this State is in active Federal service, to organize
dles, Rivers, Safford, Scales, Shafer, Shave, Sheldon, Shivers, and maintain the Florida Defense Force in accordance with
Simpson, Slappey, Smith, Strayhorn, Thomas, Toland, Vathis, the National Defense Act and the regulations of the Secre-
Versaggi, Williams, Wiseheart, Wotitzky, Yaeger-83. tary of War of the United States; providing for the member-
Nays-None. bership of such force and its organization under rules and
So House Bill No. 103 passed, title as stated. regulations prescribed by the Governor; providing for the
pay and allowances of members of such force; authorizing the
And the same was ordered certified to the Senate. Governor to requisition arms and equipment and to make
Mr. Wotitzky moved that the rules be waived and the available to such force the facilities of State armories and
House do now revert to the order of Senate Messages. other State property; providing for the calling out of such
Which was agreed to by a two-thirds vote. force; providing that such force shall not be required to serve
And it was so ordered. outside of Florida except on certain conditions; granting per-
And it was so orere mission to military forces of other States and the United
MESSAGES FROM THE SENATE States to continue pursuit into this State; provided that
The following message from the Senate was received and certain civil groups shall not be enlisted in the Florida De-
read: fense Force as a unit; providing for the qualifications and
Senate Chamber, disqualifications of members of such force; providing for
Tallahassee Florida, April 15, 1941. the term of enlistment and commission in such force; pro-
Honorable Dan McCarty, viding that the Articles of War of the United States shall be
Speaker of the House of Representatives, in effect when such force is in active service; providing for
Sir: freedom from arrest and jury duties of members of such
I am directed by the Senate to inform the House of force; providing for the discharge of such force; providing for
Representatives that the Senate has pas the payment of expenses in carrying out the provisions of
Representatives that the Senate has passedthis Act, and repealing all laws and parts of laws in conflict
House Bill No. 52: herewith.
A bill to be entitled An Act to outlaw in the State of Florida Very respectfully,
the Communist Party, the German-American Bund, and all ROBT. W. DAVIS,
organizations, groups, or individuals associated therewith who Secretary of the Senate.
seek to overthrow the Government of the United States by The following message from the Senate was received
force or violence through the advocacy of criminal anarchy, The owing message from the Senate was received and
criminal communism, criminal nazi-ism, and criminal fascism. readSe
SSenate Chamber,
Also- Tallahassee, Florida, April 16, 1941.
House Bill No. 138: Honorable Dan McCarty,
A bill to be entitled An Act abolishing the Board of Bond Speaker of the House of Representatives,
Trustees of Bradford County, Florida, as created by Chap- Sir:
ter 8622, Laws of Florida, 1921, or by any other law, and in- I am directed by the Senate to inform the House of
vesting the Board of County Commissioners of Bradford Representatives that the Senate has passed-
County, Florida, with all the powers, duties and privileges House Bill No. 32:
now exercised by or imposed upon said Board of Bond A bill to be entitled An Act to repeal Sections 1425 to 1442

adfrd County,inlotherida. County Commissioners Laws of Florida, 1927, and being Chapter 7292, Laws of Flor-
Bradfod County, Florida. ida, Acts of the 1917 session of the Legislature, entitled, "An
Also- Act to provide for the organization, equipment and main-
House Memorial No. 2: tenance of county guards, to prescribe its powers, duties
"A Memorial to the Congress of the United States of America, and regulations, to provide for its maintenance, its terms
petitioning the immediate passage of the General Welfare of service, and prescribing the duties of the County Comn-
Act now pending before Congress and known and designated missioners in relation thereto."
as House Resolution No. 1410. Very respectfully,
Very respectfully, ROBT. W. DAVIS,
ROBT. W. DAVIS, Secretary of the Senate.
Secretary of the Senrate. And House Bills Nos. 52, 138, House Memorial No. 2, House
The following message from the Senate was received and Bills Nos. 30, 31 and 32 contained in the above messages
read message from the were referred to the Committee on Enrolled Bills.
Senate Chamber, The following message from the Senate was received and
Tallahassee, Florida, April 15, 1941. read:
Honorable Dan McCarty, : Senate Chamber,
Speaker of the House of Representatives, Tallahassee, Florida, April 16, 1941.
Sir: Honorable Dan McCarty,
I am directed by the Senate to inform the House of Speaker of the House of Representatives,
Representatives that the Senate has passed- Sir:
House Bill No. 30: I am directed by the Senate to inform the House of
A bill to be entitled An Act relating to national and state Representatives that the Senate has passed-
defense; authorizing and empowering the Governor to create Senate Bill No. 24:
a State Defense Council to assist in coordinating State and A bill to be entitled An Act to designate the General Library
local activities related to national and State defense; provid- of the University of Florida as a State Depository of Public

92 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 17, 1941

Documents, to provide for furnishing it said documents, and claim; requiring said notice to be filed with the City At-
to authorize and instruct it to exchange said documents and torney of said city within a certain time; providing for the
to supply certain material to the Law Library of the Univer- character of information to be contained in said notice;
sity of Florida. repealing all laws and parts of laws in conflict herewith.
And respectfully requests the concurrence of the House PROOF OF PUBLICATION ATTACHED.
therein. And respectfully requests the concurrence of the House
Very respectfully, therein.
ROBT. W. DAVIS, Very respectfully,
Secretary of the Senate. ROBT. W. DAVIS,
And Senate Bill No. 24 contained in the above message, Secretary of the Senate.
was read the first time by its title. And Senate Bill No. 107 contained in the above message,
Mr. Harris moved that the rules be waived and that Sen- was read the first time by its title and was placed on the
ate Bill No. 24 be placed on the Calendar without reference. Local Calendar.
Which was agreed to by a two-thirds vote. And Senate Bill No. 129 contained in the above message,
A i was areed was read the first time by its title and was placed on the
And it was so ordered. Local Calendar.
The following message from the Senate was received and The following message from the Senate was received and
read: read:
Senate Chamber, Senate Chamber,
STallahassee, Florida, April 16, 1941. Tallahassee, Florida, April 16, 1941.
Honorable Dan McCarty, Honorable Dn McCarty,
Speaker of the House of Representatives, Speaker of the House of Representatives,
Sir: Sir:
I am directed by the Senate to inform the House of I am directed by the Senate to inform the House of
Representatives that the Senate has passed- Representatives that the Senate has passed-
Senate Bill No. 105: Senate Bill No. 115:
A bill to be entitled An Act making it unlawful to take A bill to be entitled An Act authorizing the City of St.
possession of, buy, sell, or offer for sale or destroy shrimp Petersburg, Florida, to by ordinance regulate, restrict or
or prawn less than a certain size in the Counties of Frank- prohibit the use of nets for the purpose of catching fish
lin and Gulf or in or from the inside or outside waters of within the bayous, inlets, rivers, lakes or streams within
the Counties of Franklin and Gulf of the State of Florida; the city limits of the City of St. Petersburg as defined by
and fixing penalties for violation hereof: and repealing Chapter 15,505, Special Acts of Florida, 1931, specifically
conflicting laws. excepting, however, that certain body of water known as
PROOF OF PUBLICATION ATTACHED. Papys Bayou and authorizing the prescription of penalties
Also- for the enforcement thereof; repealing all laws or parts
Senate Bill No. 106: of laws in conflict herewith and providing that the said
A bill to be entitled An Act making it unlawful to use any Act shall not become effective until approved by a referen-
dredge, drag or other mechanical device other than ordinary dum election, and other matters in connection therewith.
hand tongs in taking oysters for any purpose from the And respectfully requests the concurrence of the House
natural reefs or bars of Franklin County, Florida; repealing therein.
conflicting laws; and providing penalties for the enforce- Very respectfully,
ment of this law. ROBT. W. DAVIS,
PROOF OF PUBLICATION ATTACHED. Secretary of the Senate.
And respectfully requests the concurrence of the House And Senate Bill No. 115 contained in the above message,
therein. was read the first time by its title and was placed on the
Very respectfully, Local Calendar.
ROBT. W. DAVIS,
Secretary of the Senate. The following message from the Senate was received and
And Senate Bill No. 105 contained in the above message, read:
was read the first time by its title and was placed on the Tl enate Chamber,
Local Calendar. Tallahassee, Florida, April 16, 1941.
Honorable Dan McCarty,
And Senate Bill No. 106 contained in the above message, Speaker of the House of Representatives,
was read the first time by its title and was placed on the Sir-
Local Calendar.
I am directed by the Senate to inform the House of
The following message from the Senate was received and Representatives that the Senate has passed-
read: Senate Bill No. 117:
Senate Chamber, A bill to be entitled An Act authorizing the creation of
Tallahassee, Florida, April 16, 1941. a special assessment adjustment board of the City of St.
Honorable Dan McCarty, Petersburg, Florida; prescribing its powers, duties and limi-
Speaker of the House of Representatives, stations; prescribing the length of time such board shall
Sir: stay in existence; providing for a chairman and secretary
I am directed by the Senate to inform the House of and authorizing said board to adjust, settle and compromise
Representatives that the Senate has passed- certain special assessment liens held and owned by the
Senate Bill No. 107: City of St. Petersburg, Florida; providing that fees may
be charged for making applications for adjustment of spe-
A bill to be entitled An Act making it unlawful to use cial assessment liens, the proceeds from which to be used
in the taking of shrimp or prawn in any of the outside to defray the cost and expense of the operation of the
or inside waters of the Counties of Franklin and GUlf of board; providing that said Act shall not become effective
the State of Florida, any seine or net or other device hav- until approved by a majority of the qualified electors of
ing a cork line spread of more than sixty (60) feet; re- the City of St. Petersburg participating in an election
pealing conflicting laws; and providing penalties for the called and held for the purpose of approving or rejecting
enforcement of this law. this Act.
PROOF OF PUBLICATION ATTACHED. And respectfully requests the concurrence of the House
Also- therein.
Senate Bill No. 129: Very respectfully,
A bill to be entitled An Act relating to the City of Pensa- ROBT. W. DAVIS,
cola; requiring any claimant as a condition precedent to Secretary of the Senate.
the filing or institution in any court of any tort action And Senate Bill No. 117 contained in the above message,
against said the City of Pensacola to give written notice of was read the first time by its title and was placed on the
said claim within a certain time after the accrual of said Local Calendar.

April 17, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 93

The following message from the Senate was received and providing for the method of making such assessment; prescrib-
read: ing that said assessment and interest thereon shall be a lien
SENATE CHAMBER superior to all other liens except State, County and City Taxes;
Tallahassee, Florida, April 16, 1941. providing that said lien shall be collected in the same manner
Honorable Dan McCarty as the ad valorem taxes of said city; providing for the pay-
nSakr o e Ho of Representatives ment of cleaning and clearing of land, from ad valorem taxa-
Speaker o the House of Representaties, tion, or the collections from the assessment liens authorized
Sir: by this Act; providing an interest penalty or six per cent per
I am directed by the Senate to inform the House of month or fraction thereof; also providing for the approval or
Representatives that the Senate has passed- rejection of this Act by the electorate of the City of St. Pet-
Senate Bill No. 128: ersburg and providing in the case of ratification, the effec-
A bill to be entitled An Act providing for the apportionment tive date of this Act; repealing all laws or parts of laws in
of moneys heretofore allocated, or that may hereafter be allo- conflict herewith, by amending Section Ten thereof to provide
cated, to Columbia County, Florida, under Chapter 14832 an interest penalty of one-half of one percent per month in
Laws of Florida, Acts of 1931, and Acts amendatory thereof lieuof six per cent per month as now provided and by po-
or supplemental thereto; providing that said moneys shall be, vding on additional Sectionto said Act to be known as Sec-
by the StateComptroller and Treasurer, paid one-half to the on en and One-Half, which provides that the special as-
Board of County Commissioners and one-half to the Board sessment liens levied under the provisions of said Chapter
of Public Instruction of said county; providing for the expendi- 20118, Special Laws of Florida, 1939, shall be deemed delin-
ture of said moneys by said boards; and to repeal all laws in uent and past due as of the first day of November of the
conflict herewith. year in which said special assessment liens were levied and
Srassessed.
Proof of Publication attached.e
Proof of Publication attachedAnd 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 Seate. And Senate Bill No. 114 contained in the above message,
And Senate Bill No. 128 contained in the above message, was read the first time by its title and was placed on the
was read the first time by its title and was placed on the Local Calendar.
Local Calendar.
the w S e a The following message from the Senate was received and
The following message from the Senate was received and read:
read SENATE CHAMBER
SENATE CHAMBER Tallahassee, Florida, April 16, 1941
Tallahassee, Florida, April 16, 1941. Tallahassee, Florida,
Hona e Da at, Honorable Dan McCarty,
Honorable Dan McCarty, Speaker of the House of Representatives,
Speaker of the House of Representatives, ir
Sir:Sir:
I am directed by the Senateto inform the House of I am directed by the Senate to inform the House of
Representatives that the Senate has passed- Representatives that the Senate has passed-
Senate Bill No. 133: Senate Bill No. 116:
A bill to be entitled An Act providing for a salary of one A bill to be entitled An Act amending Chapter 18,890 of
hundred and fifty ($150.00) dollars per month for the Mayor the Special Laws of Florida, 1937, which is "An Act creating
of the City of St. Petersburg and salary of one hundred a civil service for certain employees of the City of St. Peters-
($100.00) dollars per month for each district councilman of burg, Florida, and creating a Civil Service Commission for
said city; providing that no other compensation shall be paid said city governing the appointment, employment and dis-
to said officers for the performance of their duties as Mayor charge of said employees; defining the membership, powers
and district councilmen; providing that provisions be made and duties of said commission; designating the employees
annually in the appropriation ordinance of the City of St. that come under the provisions of this Act and other matters
Petersburg to provide funds for the payment of said salaries; relating to the establishment of civil service in said city; and
repealing all laws or parts of laws in conflict herewith and providing for a referendum on said Act and when said Act
providing for the ratification or rejection of this Act by the shall take effect and other matters in regard thereto," by
electorate of the City of St. Petersburg; and other matters in amending Section Eleven of said Act to provide that all in-

And respectfully requests the concurrence of the House of Sewers and the Service Foremen regularly employed by the
therein. City in said positions for a period of six months immediately
iVery respectfully, preceding the effective date of this Act shall be members of
ROBT. W. DAVIS, the classified service of the City of St. Petersburg; and by
Secretary of the Seate amending Section Thirteen of said Act to provide that upon
And Senate Bill No. 133 contained in the above message the acquisition by the City of any corporation or organization
was read the first time by its title and was placed on the the employees thereof necessary in the opinion of the City
Local Calendar. Manager to be retained for city service shall be certified by
roathe City Manager for classification in the classified service and
The following message from the Senate was received and providing that when so classified they shall be Civil Service
read: Employees after successfully serving six months probationary
cSENATE CHAMBER period, and other matters relating thereto; and repealing all
Tallahassee, Florida, April 16, 1941. laws or parts of laws in conflict herewith; and providing when
Honorable Dan McCarty, said Act shall become effective; and providing for a referendum
Speaker of the House of Representatives, on said Act.
Sir: And respectfully requests the concurrence of the House
I am directed by the Senate to inform the House of therein.
Representatives that the Senate has passed- Very respectfully,
ROBT. W. DAVIS,
Senate Bill No. 114: Secretary of the Senate.
A bill to be entitled An Act amending Chapter 20,118, Spe-
cial Laws of Florida, 1939, which is "An Act granting to the And Senate Bill No. 116 contained in the above message,
City of St. Petersburg, Florida, the power to remove, clear was read the first time by its title and was placed on the
away and dispose of all accumulations of brush, high weeds, Local Calendar.
high grass or other vegetation liable to communicate fire, lo- Mr. Wotitzky moved that the House do now revert to the
cated in or upon any property in the City of St. Petersburg, regular order of business.
Florida, and to assess the cost thereof to the property from hih was areed to
which said accumulation of brush, high weeds and high grass Which was agreed to.
or other vegetation liable to communicate fire were removed; And it was so ordered.

94 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 17, 1941

HOUSE BILLS OF A GENERAL NATURE ON or they, shall .be guilty of a misdemeanor and upon convic-
SECOND READING tion thereof be punished by a fine of not exceeding $500.00
House Bill No. 120: or imprisonment in the County Jail not exceeding 6 months
A bill to be entitled An Act providing for the registration or both such fine and imprisonment at the discretion of
and licensing of manufacturers, factory branches and factory the court. In addition to the above the person, firm or
representatives of motor vehicles: setting forth reasons for corporation shall be liable for all costs, damages and ex-
the denial, suspension or revocation of licenses: providing for penses including a reasonable attorney's fees lawfully in-
the denial, suspension or revocation of such licenses: au- curred by the debtor or the registered owner of such
thorizing the Motor Vehicle Commissioner to make rules vehicle in any suit which may be brought in the courts
and regulations, and providing for the enforcement of this of this State for the cancellation of such lien."
Act and penalties for the violation therefore. Mr. Strayhorn moved the adoption of the amendment.
Was taken up. Mr. Shafer moved that the amendment be laid on the
Mr. Overstreet moved that the rules be waived and House table.
Bill No. 120 be read a second time by its title. Which was agreed to and the amendment was laid on
Which was agreed to by a two-thirds vote. the table.
And House Bill No. 120 was read a second time by its Amendment No. 2:
title. Mr. Murray of Polk offered the following amendment to
Mr. Overstreet moved that the rules be further waived House Bill No. 121:
and that House Bill No. 120 be read a third time in full In Section 1, line 5, of the bill, after the words "this
and placed upon its passage. State" and before the word "notice", strike out the words
Which was agreed to by a two-thirds vote. "unless a" and insert the following in lieu thereof: against
creditors or subsequent purchasers for a valuable consid-
And House Bill No. 120 was read a third time in full. eration and without notice, unless a sworn
When the vote was taken on the passage of House Bill Mr. Murray moved the adoption of the amendment.
No. 120 the result was: Which was agreed to and the amendment was adopted.
Yeas-Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers, Mr. Holt moved that the rules be waived and the time of
Bailey, Beck, Bennett, Best, Bonifay, Boyd, Brackin, Brady, adjournment be extended until after final disposition of
Bryan,, Burwell, Butt, Carroll, Cawthon, Chavous, Clark oube
Clement (Pinellas), Clements (Columbia), Cook, Crary,
Croft, Davis, Dixon, Dowda, Driggers, Dugger, Dunham, Which was agreed to by a two-thirds vote.
Getzen, Gillespie, Graves, Gray, Harrell, Harris (Alachua), And it was so ordered.
Harris (Pinellas), Hatch, Hendry, Holt, Horrell, Hosford,
Johnson, Junkin, Lambe, Lane, Lanier, Leaird, Leedy, Leon- Amendment No. 3:
ardy, Littlefield, Luckie, McDonald, McLane, Middleton, Mr. Murray of Polk offered the following amendment to
Minshall, Morrow, Murray, Overstreet, Papy, Perry, Potter, House Bill No. 121:
Priest, Rivers, Rogers, Safford, Scales, Shafer, Shave, Shel- Strike all of Section 6 and insert the following in lieu
don, Shivers, Simpson, Slappey. Smith, Strayhorn, Stewart, thereof:
Thomas, Toland, Turner, Vathis, Versaggi, Williams, Wise- Section 6. All laws or parts of laws in conflict herewith
heart, Wotitzky, Yaeger--85. be and the same are hereby repealed, except this Act shall
Nays-None. not repeal Chapter 4918, Acts of 1901, known as Section
So House Bill No. 120 passed, title as stated. 7866 C. G. L. 1927, and Section 5663, Revised General
And the same was ordered certified to the Senate. Statutes.
EXCUSE Mr. Murray moved the adoption of the amendment.
Mr. Speaker: Which was agreed to and the amendment was adopted.
Under provision of Rule 35, I desire to be excused from Amendment No. 4:
voting on House Bill No. 120.

JOHN S. BURKS, TMr. Murray of Polk offered the following amendment to-
JOHN *S. BURKS, House Bill No. 121:
Representative Pasco County. House Bill No.
SP C In the title of the bill, strike out the title and insert the
An d- following title in lieu thereof: An Act providing for the
House Bill No. 121: recording in the office of the Motor Vehicle Commissioner
A bill to be entitled An Act providing for the recording of a sworn notice of all liens for purchase money or as
in the office of the Motor Vehicle Commissioner of a notice security for debts on motor vehicles; providing that no
of all liens for purchase money or as security for debts on such lien shall be enforceable as against creditors or sub-
motor vehicles: providing that no such lien shall be enforce- sequent purchasers without notice unless such notice has
able unless such notice has been recorded in such office; been recorded in such office; authorizing the Motor Vehicle
authorizing the Motor Vehicle Commissioner to make rules Commissioner to make rules and regulations for the en-
and regulations for the enforcement of this Act and prepare forcement of this Act and prepare form and books for such
forms and books for such recording; providing the amount recording; providing the amount of fees to be charged;
of fees to be charged; providing for the satisfaction of such providing for the cancellation of such liens upon payment
liens; providing for the cancellation of such liens upon and penalties for failure to cancel such liens upon payment,
payment and penalties for failure to cancel such liens upon and repealing all laws in conflict except Chapter 4918,
payment. Acts of 1901, known as Section 7866 C. G. L. 1927, and
Was taken up. Section 5663, Revised General Statutes.
Mr. Overstreet moved that the rules be waived and House Mr. Murray moved the adoption of the amendment.
Bill No. 121 be read a second time by its title. Which was agreed to and the amendment was adopted.
Which was agreed to by a two-thirds vote. Mr. Overstreet moved that the rules be further waived
And House Bill No. 121 was read a second time by its and House Bill No. 121, as amended, be read a third time
title. in full and placed upon its passage.
Amendment No. 1: Which was agreed to by a tWo-thirds vote.
Messrs. Strayhorn of Lee, and Dowda of Putnam offered And House Bill No. 121, as amended, was read the third
the following amendment to House Bill No. 121:
Amend Section Five to read as follows: When the vote was taken on the passage of House Bill
"Section 5. Should any person, firm or corporation hold- No. 121, as amended, the result was:
ing such lien which has been recorded in the office of Yeas-Mr. Speaker; Messrs. Acosta, Andrews, Bailey, Beck,
such Motor Vehicle Commissioner, upon payment of such Bennett, Best, Bonifay, Boyd, Brackin, Brady, Bryan, Burks,
lien, fail or refuse within ten (10) days after such payment Burwell, Butt, Carroll, Cawthon, Chavous, Clement (Pinel-
to furnish the debtor or the registered owner of such motor las), Clements (Columbia), Cook, Croft, Davis, Driggers,
vehicle a satisfaction thereof, then in that event, he, it Dunham, Gillespie, Graves, Gray, Harrell, Harris (Alachua),

April 17, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 95

Harris (Pinellas), Hatch, Helie, Hendry, Holt, Horrell, Hos- Also-
ford, Jenkins, Johnson, Junkin, Lane, Lanier, Leaird, Leedy, Senate Concurrent Resolution No. 2:
Leonardy, Littlefield, Luckie, McDonald, McLane, Middle- Honorable Claude Pepper will be available to address a
ton, Minshall, Morrow, Murray, Overstreet, Papy, Peeples, Joint Session of the Senate and House of Representatives
Potter, Priest, Riddles, Rivers, Rogers, Safford, Scales, on Monday, April 14, 1941.
Shafer, Shave, Sheldon, Shivers, Slappey, Smith, Thomas, Have carefully examined same, and find same correctly
Toland, Turner Vathis Versaggi Williams, Wiseheart, Wo- a ca e n ame, and find same t
titzkyland, Yaeger, Vathis, Versaggi, Williams, Wiseheart, Wo-78 enrolled and herewith present the same for the signatures
izky- of the Speaker and Chief Clerk of the House of Repre-
Nays-Messrs. Allen, Dowda, Strayhorn-3. sentatives.
So House Bill No. 121 passed, as amended. Very respectfully,
And the same was ordered referred to the Committee on THOS. B. DOWDA,
Engrossed Bills. Chairman of the Joint Committee on Enrolled Bills
on the Part of the House of Representatives.
REPORT OF COMMITTEE ON ENGROSSED BILLS The Resolutions contained in the above report were there-
Mr. Middleton, Chairman of the Committee on Engrossed upon duly signed by the Speaker and the Chief Clerk of the
Bills, submitted the following report: House of Representatives in open session, and ordered re-
ferred to the Chairman of the Committee on Enrolled Bills
House of Representatives, on the part of the House of Representatives to be conveyed
Tallahassee, Fla., April 16, 1941. to the Senate for the signatures of the President and Secre-
Honorable Dan McCarty, tary thereof.
Speaker of the House of Representatives, Mr. Dowda of Putnam County, Chairman of the Joint
Sir: Committee on Enrolled Bills on the Part of the House of
Your Committee on Engrossed Bills, to whom was referred Representatives, submitted the following report:
(with amendments), after third reading: House of Representatives,
Tallahassee, Fla., April 17, 1941
House Bill No. 27: Honorable Dan McCarty,
A bill to be entitled An Act to regulate the labeling, trans- Speaker of the House of Representatives,
portation, sale, and offering for sale, of agricultural and Sir:
vegetable seeds; to prevent misrepresentations thereof; pro- Your Joint Committee on Enrolled Bills, to whom was
viding for the enforcement hereof and repealing Chapter referred:
19364, Laws of Florida, Acts of 1939, and all laws in conflict H .
herewith. House Bill No. 52:
Have carefully examined same, and find same correctly en- An Act to outlaw in the State of Florida the Communist
grossed, and return same herewith. Party, the German-American Bund, and all organizations,
groups, or individuals associated therewith who seek to over-
Very respectfully, throw the government of the United States by force or vio-
W. S. MIDDLETON, lence through the advocacy of criminal anarchy, criminal
Chairman of Committee. Communism, criminal Nazi-ism, and criminal Fascism.
And House Bill No. 27, contained in the above report, was Have carefully examined same, and find same correctly
certified to the Senate. enrolled and herewith present the same for the signatures
of the Speaker and Chief Clerk of the House of Repre-
REPORTS OF JOINT COMMITTEE ON ENROLLED BILLS sentatives.
Mr. Dowda of Putnam County, Chairman of the Joint HVery r cu WDA,
Committee on Enrolled Bills on the Part of the House of Chairman of the Joint Committee on Enrolled Bills
Representatives, submitted the following report: on the Part of the House of Representatives.
House of Representatives, The Bill contained in the above report were thereupon
Tallahassee, Fla., April 17, 1941 duly signed by the Speaker and the Chief Clerk of the
Honorable Dan McCarty, House of Representatives in open session, and ordered re-
Speaker of the House of Representatives, ferred to the Chairman of the Committee on Enrolled Bills
Sir: on the part of the House of Representatives to be conveyed
Your Joint Committee on Enrolled Bills, to whom was to the Senate for the signatures of the- President and Sece-
referred: tary thereof.
S Concurrent Resolution No. 1: Mr. Leaird moved that a committee of three be appointed
Senate Cto escort the Honorable Dwight Rogers, former member
WHEREAS, His Excellency, Spessard L. Holland, Governor of the House, to the rostrum.
of Florida, has expressed a desire to address the Legislature Which was agreed to
of Florida in Joint Session on this day, Tuesday, April 8th,
A. D. 1941. Thereupon the Speaker appointed Messrs. Leaird, Burwell
and Carroll as the committee who escorted Mr. Rogers to
THEREFORE, BE IT RESOLVED BY THE SENATE, THE the rostrum where he was introduced by the Speaker to' the
HOUSE OF REPRESENTATIVES CONCURRING: membership of the House.
That the Senate and House of Representatives convene A point of order was called by Mr. Overstreet that the time
in Joint Session in the House of Representatives at 3:00 for adjournment had arrived.
o'clock P. M. this day, Tuesday, April 8th, A. D. 1941, for Thereupon at the hour of 1:20 o'clock P. M., the House
the purpose of receiving His ExcellenCy's message. stood adjourned until 10:00 o'clock A. M., Friday, April 18.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

FRIDAY APRIL 18, 1941

The House was called to order by the Speaker at 10:00 purposes," and providing for the apportionment and appropri-
o'clock A. M. ation of funds to meet the same.
The roll was called and the following members answered to Which was read the first time by its title and ordered placed
their names on the Calendar without reference.

Mr. Speaker; Messrs. Acosta, Allen, Andrews, Ayers, Beck, By Mr. Helie of Escambia-
Bennett, Best, Bonifay, Boyd, Brackin, Brady, Bryan, Burks, House Joit Resolution No. 306
Burwell, Carroll, Carswell, Cawthon, Chavous, Clark, Clement A Joint Resolution proposing an amendment to Article
(Pinellas), Clements (Columbia), Commander, Cook, Crary, VIII of the Constitution of the State of Florida relative to
Croft, Davis, Dixon, Dowda, Driggers, Dugger, Dunham, Get- cities and counties.
zen, Gillespie, Graves, Gray, Harrell, Harris (Alachua), Harris BE IT RESOLVED BY THE LEGISLATURE OF THE
(Pinellas), Hatch, Helie, Hendry, Holt, Horrell, Hosford, Inman, STATE OF FLORIDA:
Jenkins, Johnson, Junkin, Lambe, Lane, Lanier, Leaird, Leedy, That the following Amendment to Article VIII of the
Leonardy, Lewis, Littlefield, Luckie, McDonald, McLane, Mid- Constitution of the State of Florida relative to cities and
dleton, Minshall, Morrow, Murray, Overstreet, Papy, Perry, counties, to be numbered Section 11 of said Article VIII, be
Potter, Priest, Riddles, Rivers, Rogers, Safford, Shafer, Shave, and the same is hereby agreed to and shall be submitted
Sheldon,. Strayhorn, Shivers, Simpson, Slappey, Smith, to the electors of the State at the General Election to be
Stewart, Thomas, Toland, Turner, Vathis Versaggi, Williams, held on the first Tuesday after the first Monday in Novem-
Wiseheart, Wotitzky, Yaeger-91. ber, A. D., 1942, for ratification or rejection, to-wit:
Excused-Mr. Peeples-1. SECTION 11. The Legislature shall have power to estab-
A quorum present. lish, alter or abolish, a Municipal corporation to be known
as The City of Pensacola, extending territorially throughout
The following prayer was offered by the Chaplain: the present limits of Escambia County, in the place of any
Forgive us, O Lord, that we have fretted so much and trusted or all county, district, municipal and local governments,
Thee so little. Liberate us from the fear which dominates boards, bodies and officers, constitutional or statutory, leg-
the world. Grant that Thy comforting hand may bring calm- islative, executive, judicial, or administrative, and shall pre-
ness to the weary souls of men, and that Thy peace may be scribe the jurisdiction, powers, duties and functions of such
shed abroad over all nations. Because we ask it for Jesus' municipal corporation, its legislative, executive, judicial
sake. Amen. and administrative departments and its boards, bodies and
The reading of the Journal was dispensed with. officers; to divide the territory included in such munici-
The Journal of the House of Representatives for Thursday, pality into subordinate districts, and to prescribe a just
April 17, was corrected and as corrected was approved. and reasonable system of taxation for such municipaty
and districts; and to fix the liability of such municipality
INTRODUCTION OF HOUSE RESOLUTIONS and districts. Bonded and other indebtedness, existing at
By Mr. Dixon of Jackson- the time of the establishment of such municipality, shall
be enforceable only against property theretofore taxable
House Resolution No. 16: therefore. The Legislature shall, from time to time, deter-
WHEREAS, Representative W. R. Dixon of Jackson County, mine what portion of said municipality is a rural area, and
Florida, has brought to the attention of the members of this a homestead in such rural area shall not be limited as if
legislative body the attraction of Florida Caverns State Park, in a city or town. Such municipality may exercise all the
located near the City of Marianna, and powers of a municipal corporation and shall also be recog-
WHEREAS, the Florida Caverns State Park has been greatly nized as one of the legal political divisions of the State
improved and is nearing completion, and with the duties and obligations of a county and shall be
WHEREAS, the Florida Caverns State Park covers an ex- entitled to all the powers, rights and privileges, including
tensive area and contains many underground attractions, in- representation in the State Legislature, which would ac-
cluding fern-festooned rock escarpments and rock gardens, crue to it if it were a county. All property of Escambia
and County and of the municipalities in said county shall vest
WHEREAS, the members of this legislative body are fom in such municipal corporation when established as herein
WHEREAS, the members of this legislative body are from provided. The offices of Clerk of the Circuit Court and
all sections and counties of the State and are interested in all Sheriff shall not be abolished but ofth LeislatureCourt and
developments in the State which add to the pleasure and at- scribe the time when, and the method by which, such of-
traction of residents and visitors to the State. fices shall be filled and the compensation to be paid to
NOW THEREFORE BE IT 1ESOLVED by the House of such officers and may vest in them additional powers and
Representatives that the members of this legislative body ap- duties. No County office shall be abolished or consolidated
preciate the attractions of the Florida Caverns State Park with another office without making provision for the per-
having been brought to their attention and that the members formance of all State duties now or hereafter prescribed by
of this House go in a body, during the present Session of the law to be performed by such county officer. Nothing con-
Legislature, on some convenient date to be agreed upon, and trained herein shall affect Section 20 of Article III of the
visit the Florida Caverns State Park near Marianna, Florida. Constitution of the State of Florida, except as to such pro-
Which was read in full. visions therein as relate to regulating the jurisdiction and
duties of any class of officers, to summoning and impanel-
Mr. Dixon moved the adoption of the Resolution. ling grand and petit juries, to assessing and collecting
Which was agreed 'to. taxes for county purposes and to regulating the fees and
And House Resolution No. 16 was adopted. compensation of county officers. No law authorizing the
establishing or abolishing of such Municipal corporation
INTRODUCTION OF HOUSE BILLS AND JOINT pursuant to this Section, shall become operative or effec-
RESOLUTIONS tive until approved by a majority of the qualified electors
By the Committee on Public Roads and Highways- participating in an election held in said County, but so long
as such Municipal corporation exists under this Section
House Bill No. 305: the Legislature may amend or extend the law authorizing
A bill to be entitled An Act assenting to and accepting the the same without referendum to the qualified voters unless
provisions of An Act of Congress approved July 11, A. D. 1916, the Legislative act providing for such amendment or ex-
and all amendments thereto, the same being entitled, "An Act tension shall provide for such referendum; provided, how-
to provide that the United States Government shall aid the ever, that notice of intention to apply to the Legislature
States in the construction of Rural Post Roads, and for other for any such amendment or extension shall be published
S'96

April 18, 1941 JOURNAL OF THE HOUSE OF REPRESENTATIVES 97

in accordance with the provisions of Section 21 of Article Chapter 16848, Laws of Florida, Acts of 1935, accruing prior
III of the Constitution of the State of Florida and in the to the effective date of this Act.
manner provided by law. Which was read the first time by its title and referred to
Which was read the first time in full and referred to the Committee on Finance and Taxation.
the Committee on Constitutional Amendments.
By Mr. Dowda of Putnam-
By Messrs. Best and Hatch of Suwannee- House Bill No. 310:
House Bill No. 307: A bill to be entitled An Act relating to the quieting and
A bill to be entitled An Act to amend Section 12 of establishment of title to land in Florida.
Chapter 17808, Laws of Florida, Acts of 1937, as amended Which was read the first time by its title and referred to
by Section 2 of Chapter 19018, Laws of Florida, Acts of the Committee on Judiciary "A."
1939, the same being an Act to promote the planting and
production of Sea Island cotton, and to provide protection By Mr. Dowda of Putnam-
for growers and producers thereof, and providing for the House Bill No. 311:
administration and enforcement of said Act, and making A bill to be entitled An Act providing for the disposition
an annual appropriation for carrying out its provisions, of property, including policies of life or accident insurance
and providing penalties and punishment for violation thereof, where there is no sufficient evidence that persons have died
Which was read the first time by its title and referred to otherwise than simultaneously.
the Committee on Appropriations. Which was read the first time by its title and referred to
the Committee on Judiciary "B."
By Mr. Priest of Madison-
House Bill No. 308: By Mr. Dowda of Putnam-
SHouse Bill No. 312:
A bill to be entitled An Act assessing, levying and im- House Bill No. 312:
posing an annual license tax upon every person, firm, A bill to be entitled An Act to repeal Sections 4011 to 4015
copartnership, joint adventure, joint stock company, asso- inclusively of the revised general statutes of Florida A. D.
ciation, corporation, estate, business trust, trust, receiver, syndi- 1920 relating to apprentices.
cate, fiduciary, or any other association of persons con- Which was read the first time by its title and referred to
ducting, engaging in or carrying on the business of a re- the Committee on Obsolete Laws.
tailer in this State and operating an independent store or
one or more chain stores within this State; and to classify By Mr. Dowda of Putnam-
such stores for the purpose of such license taxes and of House Bill No. 313:
graduating the license, tax in accordance with the number A bill to be entitled An Act providing that no policy of
of stores operated under a single ownership, management life insurance shall be issued without a complete medical
or control, in this State; and also assessing, levying, and examination of the health of the applicant; providing that
imposing a separate and additional annual license tax based a report in duplicate shall be made by the examining doctor,
on the amount of inventory in each separate store on the and providing that a copy of such medical report shall be
last day of the calendar year, or the last day of the fiscal made a part of the application for insurance; and providing
year, or on opening date, preceding the first day of July; that if a medical examination is not made as provided, that
defining "independent store" and "chain store" and "chain the company issuing such life insurance policy may not
stores" and other words used in this Act; to provide for defend on the ground that the insured was not in good
the administration and enforcement of this Act and for the health at the time of the issuance of the policy; providing
promulgation and enforcement of rules and regulations to when this act shall take effect; providing that if any part
facilitate such enforcement; to provide for the creation of this Act shall be held unconstitutional, the remainder
and enforcement of a lien upon the property of persons shall not be affected thereby; repealing all laws and parts
and associations liable for the payment of such license of laws in conflict herewith.
tax; to provide penalties for the violation of this Act and Which was read the first time by its title and referred to
of rules and regulations lawfully made under the author- the Committee on Insurance.
ity hereof; to provide for the filing of sworn reports by
the person or association, on which such license tax is By Mr. Dowda of Putnam-
imposed; and to repeal conflicting laws, expressly but on By Mr o
condition, including all parts and sections of Chapter 16848, House Bill No. 314:
Laws of Florida, 1935; and to appropriate the revenues A bill to be entitled An Act to repeal Chapter 19487, Acts
derived hereunder. of 1939, relating to obtaining credit under false pretense
Which was read the first time by its title and referred to from any merchant in the State of Florida.
the Committee on Finance and Taxation. Which was read the first time by its title and referred to
By Mr. Priest of Madison-the Committee on Obsolete Laws.
House Bill No. 309: By Mr. Dowda of Putnam-
A bill to be entitled An Act to amend Chapter 16848, Laws House Bill No. 315:
of Florida, Acts of 1935, being entitled "An Act to provide A bill to be entitled An Act to repeal Section 5105 of the
for the relief of the public free schools of the State of Florida Revised General Statutes A. D. 1920, being Section 7207 com-
by raising revenue for the county school fund by levying and piled General Laws of Florida 1927, relating to the improper
imposing a tax upon the privilege of operating a store or exhibition of dangerous weapons.
stores within this state, to classify such stores for the pur- Which was read the first time by its title and referred to
pose of such taxation and of graduating the tax in accord- the Committee on Obsolete Laws.
ance with the number of stores operated under a single
ownership, management or control, to declare the public By Mr. Dowda of Putnam-
policy on which this Act is founded; to provide for the ad-
ministration and enforcement of this Act and for the pro- House Bill No. 316:
mulgation and enforcement of rules and regulations to A bill to be entitled An Act amend Section 5579 of the
facilitate such enforcement; to provide for the creation and Revised General Statutes of Florida A. D. 1920, being Section
enforcement of a lien upon the property of persons liable 7765, compiled General Laws of Florida 1927, relating to per-
for the payment of such tax; to provide penalties for the sons beating their way on trains and providing the mode
violation of this Act and of rules and regulations lawfully of initiating prosecutions thereunder and penalties for vio-
made under the authority thereof; to repeal conflicting laws, lation thereof:
expressly but on condition including Chapter 16071, Laws of Which was read the first time by its title and referred to
Florida, Acts of 1933; and to appropriate the revenue derived the Committee on Judiciary "B."
hereunder;" by amending subdivision "A" of Section 4 of
Chapter 16848, Laws of Florida, Acts of 1935, providing the By Mr. Dowda of Putnam-
amount of tax payable by a single unit of any chain doing House Bill No. 317:
a gross business of not more than $50,000 per year; pro-
viding that such amendment shall not excuse or relieve any A bill to be entitled An Act to repeal Section 5162 of the
person from the payment of gross receipts taxes under Revised General Statutes of Florida, A. D. 1920, relating to

98 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 18, 1941

receiving money or property under false promise of service By Mr. Lewis of Gulf-
as seamen or sponge fishermen. House Bill No. 325:
Which was read the first time by its title and referred to A bill to be entitled An Act amending Section 250, Revised
Obsolete Laws. General Statutes of Florida, 1920, being Section 306, Com-
y Mr. Dwd of Putnam piled General Laws of Florida, 1927, the same being the
By r. Dowda o Putnam- law fixing and prescribing the compensation of inspectors
House Bill No. 318: and clerks of any special or general election, by including
A bill to be entitled An Act to prescribe rules of evidence therein a provision for the payment by the Board of County
in trials for violation of Chapters 16774, Laws of Florida, Commissioners of the compensation of deputy sheriff serv-
1935, Chapter 18015, Laws of Florida, 1937, and Chapter ing at the polling places in any such election and validating
19301, Laws of Florida, 1939, taken together and known as all payments heretofore made to such deputy sheriffs by
the "Beverage Act." any Board of County Commissioners.
Which was read the first time by its title and referred to Which was read the first time by its title and referred to
the Committee on Judiciary "B." the Committee on Elections.
By Mr. Dowda of Putnam- By Mr. Lane of Manatee (By Request)-
House Bill No. 319: House Bill No. 326:
A bill to be entitled An Act to repeal Sections 5497 and A bill to be entitled An Act for the relief of C. F. Grubbs, a
5498 of the Revised General Statutes of Florida A. D. 1920 resident of Manatee County, Florida.
defining vagrancy and authorizing the arrest of vagrants Which was read the first time by its title and referred to
without warrant. the Committee on Claims.
Which was read the first time by its title and referred to By Mr Murray of Polk
the Committee on Obsolete Laws.
House Bill No. 327:
By Mr. Dowda of Putnam- A bill to be entitled An Act for the relief of the Standard
House Bill No. 320: Fire Insurance Company of Hartford, Connecticut.
A bill to be entitled An Act to repeal Sections 5157, 5158 Which was read the first time by its title and referred to
and 5159 of the Revised General Statutes of Florida, A. D. the Committee on Claims.
1920, the said Sections 5157 and 5158 being also Sections 45 B M.
and 46 respectively of Chapter 16042, Laws of Florida, 1933, youse ooBill No. 328
relating to obtaining lodgings with intent to defraud and house i N.
prescribing a rule of evidence in prosecution relating thereto A bill to be entitled An Act relating to the nomination and
and requiring a copy of such law to be posted in hotels. election of the County Commissioners of Flagler County, Flor-
Which was read the first time by its title and referred to ida, and to provide for their nomination and election by the
the Committee on Obsolete Laws. voters of said county at large and not by districts, and to pre-
scribe where they shall reside, and to repeal all laws in con-
By Mr. Dowda of Putnam- flict herewith.
House Bill No' 321: Which Bill was read the first time by its title and had at-
A bill to be entitled An Act to repeal Chapter 7917 Acts tached to same when introduced in the House of Representa-
of 1919, being Sections 7306 and Sections 7307 of the Com- tives, the following proof of publication, which was ordered
piled General Laws of 1927, relating to the obtaining thing to be entered in full upon the Journal of the House of Rep-
of value on contract to perform service, with intent to de- resentatives:
fraud, and prescribing a rule of evidence governing same. AFFIDAVIT OF PROOF OF PUBLICATION
Which was read the first time by its title and referred to STATE OF FLORIDA,
the Committee on Obsolete Laws. COUNTY OF FLAGLER.
By Mr. Dowda of Putnam- Before me, the undersigned authority, personally appeared
M. B. Fuller, who, on oath, does solemnly swear that he has
House Bill No. 322: knowledge of the matters stated herein; that a notice stating
A bill to be entitled An Act relating to black bass, providing the substance of a contemplated law or proposed bill to: appli-
for the enforcement thereof and penalties for violation cation of local bill relating to the nomination and election of
thereof. County Commissioners in Flagler County, has been published
Which was read the first time by its title and referred to at least thirty (30) days prior to this date by being printed in
the Committee on Fish & Game. the issue of March 6th, 1941, of the Flagler Tribune, a news-
paper published in Flagler County, Florida, where the matter
By Mr. Dowda of Putnam- or thing to be affected by the contemplated law is situate;
House Bill No. 323: that a copy of the notice that has been published, as aforesaid,
A bill to be entitled An Act relating to misdemeanors and and also this affidavit of proof of publication are attached to
providing that conviction or acquittal before any town or the proposed bill or contemplated law, and such copy of the
city court or Justice of the Peace or other State court shall notice so attached is by reference made a part of this affidavit.
be a bar to further prosecution, or for any misdemeanor in M. B. FULLER.
the Act committed. Sworn to and subscribed before me this 5th day of April
Which was read the first time by its title and referred to A. D., 1941.
the Committee on Judiciary "B." (Seal)
J. F. MERCER,
H ouse Bill No. 324 PutnaNotary Public State of Florida at Large.
A bill to be entitled An Act relating to Commercial Fish- My Commission expires Jan. 4, 1942.
ing; to amend Section 11, Chapter 10123, Laws of Florida, And the House of Representatives thereupon determined
Acts of 1925, entitled "An 4ct to protect and regulate the that the notice and evidence thereof required by Section 21 of
salt water fishing industry in the State of Florida, and to Article III of the Constitution, has been established in this
declare certain waters in this State salt water for the pur- Legislature.
pose of this Act, and to' define certain waters as salt waters", House Bill No. 328 was placed on the Calendar of Local Bills
as amended by Chapter 13794, Laws of Florida, Acts of 1929, on Second Reading.
Chapter 17010, Laws of Florida, Acts of 1935, and by Chap-
ter 19566, Laws of Florida, Acts of 1939; to repeal Chapter By Messrs. Holt, Overstreet and Wiseheart of Dade; John-
13794, Laws of Florida, Acts of 1929, Chapter 17010, Laws son and Thomas of Lake; Leedy and Harrell of Orange; Luckie
of Florida, Acts of 1935, and by Chapter 19566, Laws of of Duval; Leaird and Burwell of Broward: Potter and Rogers
Florida, Acts of 1939, amending said Section 11 of Chapter of Marion; McDonald and Toland of Hillsborough; Safford.
10123, Laws of Florida, Acts of 1925; and to repeal Chapter Murray and Shafer of Polk; Harris of Alachua; Cawthon of
19630, Laws of Florida, Acts of 1939, relating to the method Leon-
of taking shad and herring in certain counties. House Bill No. 329-
Which was read the first time by its title and referred to A bill to be entitled An Act to amend Chapter 12223, Laws
the Committee on Conservation of Florida, 1927, entitled: "An Act to define, regulate and

	Title Page
	Members of the House of Representatives,...
	April 1941
	May 1941
	June 1941
	Index

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0	sobekcm_assistant.get_entire_collection_hierarchy
0	cached_data_manager.retrieve_item_aggregation
0	cached_data_manager.retrieve_item_aggregation	Found item aggregation on local cache
0	item_aggregation_builder.get_item_aggregation	Found 'all' item aggregation in cache
0	system.web.ui.page.page_load (ufdc.page_load)
0	sobekcm_page_globals.constructor.on_page_load
0	html_echo_mainwriter.add_style_references	Adding style references to HTML
0	html_echo_mainwriter.add_text_to_page	Reading the text from the file and echoing back to the output stream
63	html_echo_mainwriter.add_text_to_page	Finished reading and writing the file