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JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF FLORIDA
OF THE
SESSION OF 1923
MEMBERS OF THE
HOUSE OF REPRESENTATIVES, 1923
Alachua-O. M. Tillman, Campville.
Alachua-J. L. Matthews, Alachua.
Baker-R. Powers, Macclenny.
Bay-J. Ed. Stokes, Panama City.
Bradford-E. S. Matthews, Starke.
Bradford-T. B. Pinholster, Brooker.
Brevard-J. J. Parrish, Titusville.
Broward-Carl P. Weidling, Ft. Lauderdale.
Calhoun-A. J. McClellan, Blountstown.
Charlotte-J. W. Shelly, Punta Gorda.
Citrus-Frederick Van Roy, Crystal River.
Clay-L. E. Wade, Green Cove Springs.
Columbia-L. W. A. Rivers, Lake City.
Columbia-Percy C. Witt, Lake City.
Dade-Ben C. Willard, Miami.
DeSoto-W. D. Bell, Arcadia.
Dixie-Thos. A. Fletcher, Branford.
Duval-F. 0. Miller, Jacksonville.
Duval-A. Y. Milam, Jacksonville.
Escambia-Frank X. Carroll, Pensacola.
Escambia-John Clay Smith, Pensacola.
Flagler-F. L. Byrd, Bunnell.
Franklin-S. J. Giles, Carrabelle.
Gadsden-E. Paul Gregory, Quincy.
Gadsden-M. L. Hinson, Concord.
Glades-F. W. Nolte, Moore Haven.
Hamilton-J. B. Wetherington, Jasper.
Hamilton-I. J. McCall, Jasper.
Hardee-S. D. Williams, Wauchula.
Hernando-Hugh Hale, Brooksville.
Highlands-John A. Taylor, Sebring.
Hillsborough-A. T. Stuart, Tampa.
Hillsborough-C. H. Taylor, Plant City.
Holmes-A. W. Weeks, Bonifay.
Jackson-E. Harris, Marianna.
Jackson-Amos Lewis, Marianna.
Jefferson-W. B. Bishop, Capps.
Jefferson-D. H. Mays, Monticello.
Lafayette-D. C. Geiger, Mayo.
Lake-W. A. MacKenzie, Leesburg.
MEMBERS OF THE HOUSE.
Lake-L. D. Edge, Groveland.
Lee-R. A. Henderson, Sr., Ft. Myers.
Leon-A. H. Williams, Tallahassee.
Leon-Fred H. Davis, Tallahassee.
Levy-C. C. Epperson, Williston.
Liberty-R. H. Weaver, Bristol.
Madison-J. E. Whitty, Madison.
Madison-T. C. Merchant, Madison.
Manatee-Wallace Tervin, Bradentown.
Marion-Nathan Mayo, Summerfield.
Marion-Fred R. Hocker, Ocala.
Monroe-J. F. Busto, Key West.
Monroe:-G. I. Knowles, Key West.
Nassau-S. A. Ogilvie, Callahan.
Nassau-J. Hampton Jones, Callahan.
Okaloosa-Purl G. Adams, Crestview.
Okeechobee-D. R. McNeill, Okeechobee.
Orange-S. S. Griffin, Orlando.
Orange-H. H. Witherington, Apopka.
Osceola-C. S. Acree, Kissimmee.
Palm Beach-M. D. Carmichael, West Palm Beach.
Pasco-Edwin S. Dew, Dade City.
Pinellas-M. W. Ulmer, Largo.
Polk-Thos. W. Bryant, Lakeland.
Polk-B. K. Bullard, Lake Wales.
Putnam-Henry S. McKenzie, Palatka.
Putnam-C. H. Kennerly, Palatka.
Santa Rosa-J. H. Harvell, Milton.
Santa Rosa-John C. McRae, Milton.
Sarasota-J. H. Lord, Sarasota.
Seminole-Forrest Lake, Sanford.
St. Johns-H. J. Peiper, St. Augustine.
St. Johns-H. E. Mahr, New Augustine.
St. Lucie-A. W. Young, Vero.
Sumter-S. W. Getzen, Bushnell.
Suwannee-A. W. McLeran, Wellborn.
Suwannee-W. D. Mercer, Live Oak.
Taylor-W. T. Hendry, Perry.
Union-C. H. Register, Lake Butler.
Volusia-J. A. Harper, Pierson.
Volusia-E. L. Shear, Holly Hill.
Wakulla-Chas. J. Ferrell, Ben Haden.
Walton-Herman Bludworth, Argyle.
Washington-L. A. Brock, Chipley.
iv
OFFICERS AND ATTACHES OF THE HOUSE
OF REPRESENTATIVES
Speaker-L. D. Edge.
Speaker Pro Tem.-J. Ed. Stokes.
Chief Clerk-B. A. Meginniss.
Assistant Chief Clerk-M. F. Brown.
Bill Clerk-Mrs. W. R. Dorman.
Reading Clerk-W. B. Lanier.
Assistant Reading Clerk-Mrs. Ruth Patterson Roach.
Engrossing Clerk-R. W. Ervin, Jr.
Enrolling Clerk-Miss Annie F. Bond.
Sergeant-at-Arms-C. E. Johnston.
Assistant Seggeant-at-Arms-M. V. Wiggins.
Messenger-J. N. Rodgers.
Doorkeeper-T. F. Williams.
Chaplain-Rev. T. F. Roland.*
Janitor-R. J. Davis.
Assistant Janitor-Harry Jenks.
Pages (four) Lillian Robertson, H. Scott Gregory,
Amos Brannen, Bryan Duncan.
"*Deceased.
ERRATA
On page 125, in the title to House Bill No. 97 appearing
on said page, the word and figures "Section 4585" should
read "Section 5485."
On page 302, third line from the bottom of page, the
words and figures "House Bill No. 252" should read
S"House Bill No. 222."
On page 318, third line from bottom of page, the words
and figures "House Bill No. 319" should read "House
Bill No. 318."
On page 494, third line from bottom of the page the fig-
ures "155" should be inserted between the figures "127"
and the word "and."
On page 511, line 37, the figures "327" should read
"372."
On page 574, next to last line, "Senate Concurrent Reso-
lution No. 3" should read "Senate Concurrent Resolu-
lution No. 4," and the same correction should be made in
lines 26 and 29 on page 575.
On page 605, line 35, the figures "296" should read
"396."
On page 679, line 3, in the title of House Bill No. 473,
insert after the word "Act," the following: "to amend
Chapter 6619, Laws of Florida, being An Act."
On page 1048, line 6, the figures "286" should read
"86."
On page 1106, line 3, the word "have" should read
"has."'
On page 1141, after the heading "Introduction of
Bills," and over the words and figures "House Bill No.
658," insert: "By Mr. Acree, of Osceola."
On page 1302, line 9, the figures "147" should read
"149."
On page 1341, fourth line from bottom of page, the
figure- "648" should read "684," and the same correction
should be made in line 10 on page 1342.
On page 1411, line 24, the bill introduced by Mr. Mac-
Kenzie of Lake should be numbered "733" instead of
"732. "
On page 1627, line 16, the figures "621" should read
"221."
vi
ERRATA
ERRATA vii
On' page 1812, line 19, the words and figures "House
Bill No. 53" should read "Senate Bill No. 53."
O npage 1854, sixth line from bottom of page, the figures
"833" should read "883."
On page 1943, line 36, the bill there appearing as "House
Bill No. 965" should read "House Bill No. 915."
On page 2017, line 18, the bill there appearing as "House
Bill No. 435," should read "House Bill No. 436."
On page 2223, line 22, the figures "55" should read
"515. "
On page 2339, line 7, the figures "197" should read
"147."
On page 2372, third line from the bottom of page, the
figures "450" should read "540."
On page 2395, line 20, the figures "809" should read
"899."
On page 2464, line 17, the figures "37" should read
"371."
On page 2831, line 15, the figures "809" should read
"709."
On page 2910, in the title to House Bill No. 1130, the
word "not" should be inserted between the word "cattle"
and the word "dipped."
On page 2917, the number of the last bill appearing on
said page should be "693" instead of "963."
On page 2918, line 28, the figures "357" should read
"347."
On page 2996, line 19, the figures "186" should read
"176."
On page 3027, line 27, et seq., the words "Senate Cham-
ber, Tallahassee, Fla., May 25, 1923. Hon. T. T. Turnbull,
President of the Senate," should read "House of Repre-
sentatives, Tallahassee, Fla., May 25, 1923. Hon. L. D.
Edge, Speaker of the House of Representatives."
On page 3043, line 21, the figures "783" should read
"793."
On page 3049, in the title to House Bill No. 1130, the
word "not" should be inserted between the word "cattle"
and the word "dipped."
On page 3155, above the words and figures "House Bill
No. 1197," should be inserted "By Mr. Wetherington, of
Hamilton."
On page 3254, the last bill appearing on said page should
be numbered "995" instead of "992."
ERRATA
On page 3268, line 12, the figures "291" should read
"391."
On page 3370, Senate Bill No. 474 appearing on said
page should read "Senate Bill No. 5741"
On page 3375, the last bill appearing on said page
should be No. "872" instead of No. "827."
On page 3391, "House Bill No. 648" appearing on said
page should read "House Bill No. 684."
On page 3423, line 19, the figures "820" should read
"826."
On page 3539, line 7, the figures "177" should read
"1177."
On page 3760, the number of the first bill appearing on
said page should be "399" instead of "339."
On page 3796, the number of the last bill appearing on
said page should be "869" instead of "669."
On page 3822, in the title to House Bill No. 984, appear-
ing on said page, the word "Ware" should read "Hare."
On page 3851, the number of the last bill appearing on
said page should read "625" instead of "225."
On page 3854, the number of the last bill but one ap-
pearing on said page should read "399" instead of "339."
On page 3869, the number of the last bill but one ap-
pearing on page should read "350" instead of "360."
On page 3889, the number of the second bill appearing
on said page should read "856" instead of "956."
NOTE-The above corrections of errors are in addition
to corrections of the Journal which were from time to time
noted in the text. Such further corrections appear at
pages 2461, 2705, 2956 and 3352.
viii
JOURNAL OF THE
HOUSE OF REPRESENTATIVES
Of the nineteenth regular session of the Legislature of
Florida, under the Constitution of A. D. 1885, begun and
held at the Capitol, in the City of Tallahasse, the State
of Florida, on Tuesday, the 3rd day of April, A. D. 1923,
being the day fixed by the Constitution of the State of
Florida for the meeting of the Legislature.
Tuesday, April 3, 1923
The House was called to order at 12 o'clock M., by B.
A. Meginniss, of Leon County, Florida, Chief Clerk of the
House of Representatives.
The certified list of the Secretary of State of the mem-
bers elected to the Legislature for the Session of 1923 was
called, as follows:
MEMBERS HOUSE OF REPRESENTATIVES, 1923.
Alachua County-O. M. Tillman, Campville.
Alachua County-J. L. Matthews, Alachua.
Baker County-R. Powers, Macclenny.
Bay County--J. Ed. Stokes, Panama City.
Bradford County-E. S. Matthews, Starke.
Bradford County-T. B. Pinholster, Brooker.
Brevard County-J. J. Parrish, Titusville.
Broward County-Carl P. Weidling, Fort Lauderdale.
Calhoun County-A. J. McClellan, Blountstown.
Charlotte County-J. W. Shelly, Punta Gorda.
Citrus County-Frederick Van Roy, Crystal River.
Clay County-L. E. Wade, Green Cove Springs.
Columbia County-L. W. A. Rivers, Lake City.
Columbia County-Percy C. Witt, Lake City.
Dade County-Ben C. Willard, Miami.
DeSoto County-W. D. Bell, Arcadia.
Dixie County-Thos. A. Fletcher, Branford.
Duval County-F. O. Miller, Jacksonville.
2
Duval County-A. Y. Milam, Jacksonville.
Escambia County-Frank X. Carroll, Pensacola.
Escambia County-John Clay Smith, Pensacola.
Flagler County-F. L. Byrd, Bunnell.
Franklin County-S. J. Giles, Carrabelle.
Gadsden County-E. Paul Gregory, Quincy.
Gadsden County-M. L. Hinson, Concord.
Glades County-F. W. Nolte, Moore Haven.
Hamilton County-J. B. Wetherington, Jasper.
Hamilton-I. J. McCall, Jasper.
Hardee County-S. D. Williams, Wauchula.
Hernando County-Hugh Hale, Brooksville.
Highlands County-John A. Taylor, Sebring.
Hillsborough County-A. T. Stuart, Tampa.
Hillsborough County-C. H. Taylor, Plant City.
Holmes County-A. W. Weeks, Bonifay.
Jackson County-E. Harris, Marianna.
Jackson County-Amos Lewis, Marianna.
Jefferson County-D. H. Mays, Monticello.
Jefferson County-W. B. Bishop, Capps.
LaFayette County-D. C. Geiger, Mayo.
Lake County-W. A. MacKenzie, Leesburg.
Lake County-L. D. Edge, Groveland.
Lee County-R. A. Henderson, Sr., Fort Myers.
Leon County-A. H. Williams, Tallahassee.
Leon County-Fred H. Davis, Tallahassee.
Levy County-C. C. Epperson, Williston.
Liberty County-R. H. Weaver, Bristol.
Madison County-J. E. Whitty, Madison,
Madison County-T. C. Merchant, Madison.
Manatee County-Wallace Tervin, Bradentown.
Marion County-Nathan Mayo, Summerfield.
Marion County-Fred R. Hocker, Ocala.
Monroe County-J. F. Busto, Key West.
Monroe County-G. I. Knowles, Key West.
Nassau County-S. A. Ogilvie, Callahan.
Nassau County-J. Hampton Jones, Callahan.
Okaloosa County-Purl G. Adams, Crestview.
Okeechobee County-D. R. McNeill, Okeechobee.
Orange County-S. S. Griffin, Orlando.
Orange County-H. H. Witherington, Apopka.
Osceola County-C. S. Acree, Kissimmee.
Palm Beach County-M. D. Carmichael, West Palm
Beach.
3
Pasco County-Edwin S. Dew, Dade City.
Pinellas County-M. W. Ulmer, Largo.
Polk County-Thos. W. Bryant, Lakeland.
Polk County-B. K. Bullard, Lake Wales.
Putnam County-Henry S. McKenzie, Palatka.
Putnam County-C. H. Kennerly, Palatka.
Santa Rosa County-J. H. Harvell, Milton.
Santa Rosa County-John C. McRae, Milton.
Sarasota County-J. H. Lord, Sarasota.
Seminole County-Forrest Lake, Sanford.
St. Johns County-H. J. Peiper, St. Augustine.
St. Johns County-H. E. Mahr, New Augustine.
St. Lucie County-A. W. Young, Vero.
Sumter County-S. W. Getzen, Bushnell.
Suwannee County-A. W. McLeran, Wellborn.
Suwannee County-W. D. Mercer, Live Oak.
Taylor County-W. T. Hendry, Perry.
Union County-C. H. Register, Lake Butler.
Volusia County-J. A. Harper, Pierson.
Volusia County-E. L. Shear, Holly Hill.
Wakulla County-Chas. J. Ferrell, Ben Haden.
Walton County-Herman Bludworth, Argyle.
Washington County-L. A. Brock, Chipley.
STATE OF FLORIDA,
^ ss.,
Office Secretary of State. j
I, H. Clay Crawford, Secretary of State of the State
of Florida, do hereby certify that the foregoing is a correct
list of the members of the House of Representatives of the
State of Florida, elected at the general election on the
seventh day of November, A. D. 1922, as shown by the
election returns on file in this office.
Given under my hand and the Great
(Seal) Seal of the State of Florida, at Talla-
hassee, the Capital, this the third day
of April, A. D. 1923.
H. CLAY CRAWFORD,
Secretary of State.
4
The following members came forward and took the oath
of office prescribed by the Constitution of the State of
Florida before Mr. Justice Thomas F. West of the Supreme
Court of the State of Florida:
Alachua-O. M. Tillman, Campville.
Alachua-J. L. Matthews, Alachua.
Baker-R. Powers, Macclenny.
Bay-J. Ed. Stokes, Panama City.
Bradford-E. S. Matthews, Starke.
Bradford-T. B. Pinholster, Brooker.
Brevard-J. J. Parrish, Titusville.
Broward-Carl P. Weidling, Ft. Lauderdale.
Calhoun-A. J. McClellan, Blountstown.
Charlotte-J. W. Shelly, Punta Gorda.
Citrus-Frederick Van Roy, Crystal River.
Clay-L. E. Wade, Green Cove Springs.
Columbia-L. W. A. Rivers, Lake City.
Columbia-Percy C. Witt, Lake City.
Dade-Ben C. Willard, Miami.
DeSoto-W. D. Bell, Arcadia.
Dixie-Thos. A. Fletcher, Branford.
Duval-F. O. Miller, Jacksonville.
Duval-A. Y. Milam, Jacksonville.
Escambia-Frank X. Carroll, Pensacola.
Escambia-John Clay Smith, Pensacola.
Franklin-S. J. Giles, Carrabelle.
Gadsden-E. Paul Gregory, Quincy.
Gadsden-M. L. Hinson, Concord.
Glades-F. W. Nolte, Moore Haven.
Hamilton-J. B. Wetherington, Jasper.
Hamilton-I. J. McCall, Jasper.
Hardee-S. D. Williams, Wauchula.
Hernando-Hugh Hale, Brooksville.
Highlands-John A. Taylor, Sebring.
Hillsborough-A. T. Stuart, Tampa.
Hillsborough-C. H. Taylor, Plant City.
Holmes-A. W. Weeks, Bonifay.
Jackson-E. Harris, Marianna.
Jackson-Amos Lewis, Marianna.
Jefferson-D. H. Mays, Monticello.
Lafayette-D. C. Geiger, Mayo.
Lake-W. A. MacKenzie, Leesburg.
Lake-L. D. Edge, Groveland.
5
Lee-R. A. Henderson, Sr., Ft. Myers.
Leon-A. H. Williams, Tallahassee.
Leon-Fred H. Davis, Tallahassee.
Levy-C. C. Epperson, Williston.
Liberty-R. H. Weaver, Bristol.
Madison-J. E. Whitty, Madison.
Madison-T. C. Merchant, Madison.
Manatee-Wallace Tervin, Bradentown.
Marion-Nathan Mayo, Summerfield.
Marion-Fred R. Hocker, Ocala.
Monroe-J. F. Busto, Key West.
Monroe-G. I. Knowles, Key West.
Nassau-S. A. Ogilvie, Callahan.
Nassau-J. Hampton Jones, Callahan.
Okaloosa-Purl G. Adams, Crestview.
Okeechobee-D. R. McNeill, Okeechobee.
Orange-S. S. Griffin, Orlando.
Orange-H. H. Witherington, Apopka.
Osceola-C. S. Acree, Kissimmee.
Palm Beach-M. D. Carmichael, West Palm Beach.
Pasco-Edwin S. Dew, Dade City.
Pinellas-M. W. Ulmer, Largo.
Polk-Thos. W. Bryant, Lakeland.
Polk-B. K. Bullard, Lake Wales.
Putnam-Henry S. McKenzie, Palatka.
Putna-m-C. H. Kennerly, Palatka.
Santa Rosa-J. H. Harvell, Milton.
Santa Rosa-John C. McRae, Milton.
Sarasota-J. H. Lord, Sarasota.
Seminole-Forrest Lake, Sanford.
St. Johns-H. J. Peiper, St. Augustine.
St. Johns-H. E. Mahr, New Augustine.
St. Lucie-A. W. Young, Vero.
Sumter-S. W. Getzen, Bushnell.
Suwannee-W. A. McLeran, Wellborn.
Suwannee-W. D. Mercer, Live Oak.
Taylor-W. T. Hendry, Perry.
Union-C. H. Register, Lake Butler.
Volusia-J. A. Harper, Pierson.
Volusia-E. L. Shear, Holly Hill.
Wakulla-Chas. J. Ferrell, Ben Haden.
Walton-Herman Bludworth, Argyle.
Washington-L. A. Brock, Chipley.
6
B. A. Meginniss, Chief Clerk, announced a quorum pres-
ent.
SPrayer by Rev. T. F. Roland.
Mr. Lewis moved that the House proceed to permanent
organization by the election of a Speaker, a Speaker pro
tem, a Chief Clerk and other officers and attaches.
Which was agreed to.
Mr. Lewis, of Jackson County, nominated Hon. L. D.
Edge, of Lake County, for Speaker.
Mr. McKenzie, of Lake, Mr. Miller, of Duval, Mr.
Jones, of Nassau, Mr. Matthews, of Bradford, Mr. Wil-
liams, of Leon, Mr. Hendry, of Taylor, and Mr. Lake, of
Seminole, seconded the nomination of Hon. L. D. Edge.
Upon call of the roll the vote was:
For Hon. L. D. Edge for Speaker-
Messrs. Acree, Adams, Bell, Bludworth, Brock, Bryant,
Bullard, Busto, Carmichael, Carroll, Davis, Dew, Epper-
son, Ferrell, Fletcher, Geiger, Getzen, Giles, Gregory,
Griffin, Hale, Harper, Harris, Harvell, Henderson, Hen-
dry, Hinson, Hocker, Jones, Kennerly, Knowles, Lake,
Lewis, Lord, Mahr, Matthews (Alachua), Matthews (Brad-
ford), Mayo, Mays, Mercer, Merchant, Milam, Miller, Mc-
Call, McClellan, MacKenzie (Lake), McKenzie (Putnam),
McLeran, McNeill, McRae, Nolte, Ogilvie, Parrish, Peiper,
Pinholster, Powers, Register, Rivers, Shear, Shelly, Smith,
Stokes, Stuart, Taylor (Highlands), Taylor (Hillsbor-
ough), Tervin, Tillman, Ulmer, Van Roy, Wade, Weaver,
Weeks, Weidling, Wetherington (Hamilton), Whitty, Wil-
lard, Williams (Hardee), Williams (Leon), Witherington
(Orange), Witt, Young.
B. A. Meginniss, Chief Clerk, announced that Hon. L. D.
Edge was unanimously elected Speaker.
Mr. Lewis moved that a committee of three be appointed
to escourt the Speaker to the chair.
Which was agreed to.
Thereupon the Chief Clerk appointed Messrs. McKenzie,
of Lake, Lewis, of Jackson, and Mayo, of Marion, as said
committee to escourt the Speaker to the chair.
The Speaker having been escorted to the chair, extended
his thanks and appreciation to the House for the honor
conferred upon him.
7
Mr. Willard, of Dade, nominated Hon. J. Ed. Stokes, of
Bay County, for Speaker pro tern.
Mr. Bryant, of Polk, and Mr. Davis, of Leon, seconded
the nomination of Hon. J. Ed. Stokes.
Upon call of the roll, the vote was:
For Hon. J. Ed. Stokes for Speaker pro tem-
Mr. Speaker, Messrs. Acree, Adams, Bell, Bludworth,
Brock, Bryant, Bullard, Busto, Carmichael, Carroll, Da-
vis, Dew, Epperson, Ferrell, Fletcher, Geiger, Getzen,
Giles, Gregory, Griffin, Hale, Harper, Harris, Harvell,
Henderson, Hendry, Hinson, Hocker, Jones, Kennerly,
Knowles, Lake, Lewis, Lord, Mahr, Matthews (Alachua),
Matthews (Bradford), Mayo, Mays, Mercer, Merchant,
Milam, Miller, McCall, McClellan, MacKenzie (Lake), Mc-
Kenzie (Putnam), McLeran, McNeill, McRae, Nolte,
Ogilvie, Parrish, Peiper, Pinholster, Powers, Register,
Rivers, Shear, Shelly, Smith, Stuart, Taylor (Highlands),
Taylor (Hillsborough), Tervin, Tillman, Ulmer, Van Roy,
Wade, Weaver, Weeks, Weidling, Wetherington (Hamil-
ton), Whitty, Willard, Williams (Hardee), Williams
(Leon), Witherington (Orange), Witt, Young.
The Speaker declared Hon. J. Ed. Stokes unanimously
elected as Speaker pro tem.
Mr. Williams, of Leon, nominated B. A. Meginniss for
Chief Clerk.
Mr. Lake, of Seminole, seconded the nomination of B.
A. Meginniss as Chief Clerk.
Upon call of the roll the vote was:
For B. A. Meginniss for Chief Clerk-
Mr. Speaker, Messrs. Acree, Adams, Bell, Bludworth,
Brock, Bryant, Bullard, Busto, Carmichael, Carroll,
Davis, Dew, Epperson, Ferrell, Fletcher, Geiger, Getzen,
Giles, Gregory, Griffin, Hale, Harper, Harris, Harvell,
Henderson, Hendry, Hinson, Hocker, Jones, Kennerly,
Knowles, Lake, Lewis, Lord, Mahr, Matthews (Alachua),
Matthews (Bradford), Mayo, Mays, Mercer, Merchant,
Milam, Miller, McCall, McClellan, MacKenzie (Lake), Mc-
Kenzie (Putnam), McLeran, McNeill, McRae, Nolte,
Ogilvie, Parrish, Peiper, Pinholster, Powers, Register,
Rivers, Shear, Shelly, Smith, Stokes, Stuart, Taylor
(Highlands), Taylor (Hillsborough), Tervin, Tillman,
Ulmer, Van Roy, Wade, Weaver, Weeks, Weidling, Weth-
erington (Hamilton), Whitty, Willard, Williams (Har-
8
dee), Williams (Leon), Witherington (Orange), Witt,
Young.
The Speaker declared B. A. Meginniss unanimously
elected Chief Clerk.
B. A. Meginniss came forward and took the oath of of-
fice as prescribed by the Constitution of the State of Flor-
ida before Mr. Justice Thomas F. West.
Mr. Lewis nominated the following:
Assistant Chief Clerk-M. F. Brown.
Bill Clerk-Mrs. W. R. Dorman.
Reading Clerk-W. B. Lanier.
Assistant Reading Clerk-Mrs. Ruth Patterson Roach.
Engrossing Clerk-R. W. Ervin, Jr.
Enrolling Clerk-Miss Annie F. Bond.
Sergeant-at-Arms-C. E. Johnston.
Messenger-J. N. Rodgers.
Doorkeeper-T. F. Williams.
Chaplain-Rev. T. F. Roland.
Janitor-R. J. Davis.
Pages (four)-Lillian Robertson, H. Scott Gregory,
Amos Brannen, Bryan Duncan.
Mr. Lewis of Jackson moved that all officers and attaches
as nominated above be elected by acclamation.
Which was agreed to.
The following attaches came forward and took the
oath of office prescribed by the Constitution of the State
of Florida before Mr. Justice Thomas F. West:
Assistant Chief Clerk-M. F. Brown.
Bill Clerk-Mrs. W. R. Dorman.
Reading Clerk-W. B. Lanier.
Assistant Reading Clerk-Mrs. Ruth Patterson Roach.
Engrossing Clerk-R. W. Ervin, Jr.
Enrolling Clerk-Miss Annie F. Bond.
Sergeant-at-Arms-C. E. Johnston.
Messenger-J. N. Rodgers.
Doorkeeper-T. F. Williams.
Chaplain-Rev. T. F. Roland.
Janitor-R. J. Davis.
Pages (four)-Lillian Robertson, H. Scott Gregory,
Amos Brannen, Bryan Duncan.
Mr. Davis of Leon moved that a committee of three be
appointed to wait upon the Senate and inform that body
that the House was organized and ready for business.
9
Which was agreed to.
Thereupon the Speaker appointed as such committee
Messrs. Davis of Leon, Lake of Seminole, Tillman of
Alachua.
The committee retired and after a brief absence, re-
turned and reported that they had performed the duty
assigned to them, and were discharged.
A committee of three from the Senate composed of
Messrs. Malone, Wells and Colson, appeared at the bar
of the House of Representatives and announced that they
were instructed by the Senate to inform the House that
the Senate was organized and ready to proceed to business.
Mr. McKenzie of Putnam moved that the Speaker ap-
point a committee of three to wait upon the Governor and
inform him that the House was now organized and ready
to receive any communication he might have.
Which was agreed to.
The Speaker appointed upon this committee Messrs. Mc-
Kenzie of Putnam, Matthews of Bradford and Miller of
Duval.
The committee retired and after a brief absence, re-
turned and reported that they had performed the duty
assigned to them and that the Governor desired to appear
before the Legislature in joint session on Wednesday morn-
ing at eleven o'clock, or at such other time as was con-
venient to said Legislature.
Whereupon the committee was discharged.
INTRODUCTION OF RESOLUTIONS
By Mr. Lewis, of Jackson-
House Resolution No. 1:
Be it Resolved by the House of Representatives, that a
committee of three be appointed by the Speaker, whose
duty it shall be to designate and assign the committee
rooms for the purposes for which the same .shall be used.
Which was read.
Mr. Lewis moved the adoption of the Resolution.
Which was agreed to.
The Speaker appointed as such committee Messrs. Lewis,
Weeks and Kennerly.
10
By Mr. Williams, of Leon-
House Resolution No. 2:
Resolved by the House of Representatives of the Legis-
lature of the State of Florida, that the Rules governing
the House of Representatives of the Legislature of the
State of Florida at the session of the Legislature held in
the year A. D. 1921, be and the same are hereby adopted
as the rules of the House of Representatives of the Legis-
lature of the State of Florida at the session of the Legis-
lature held in the year A. D. 1923 until such time as the
Committee on Rules submits rules to govern this House
and said rules are adopted by the House.
Which was read.
Mr. Williams moved the adoption of the Resolution.
Which was agreed to.
By Mr. Milam, of Duval-
House Resolution No. 3:
Whereas, the custom has been established by the
House of Representatives that committee clerks be not
employed, and competent stenographers, in sufficient num-
ber, be selected by a committee, by a process of competi-
tive examination, to take care of the work usually per-
formed by committee clerks and house stenographers; and
Whereas, splendid results in efficiency and economy
have been obtained by this method in the two preceding
sessions of this body, now, therefore, be it
Resolved, By the House of Representatives of the
Legislature of the State of Florida, that the Speaker of
the House appoint a committee of three for the purpose of
selecting said stenographers, which committee shall certify
those so selected to the Committee on Legislative Expense.
And be it further Resolved, That the stenographers so
selected be not required to perform personal services for
any member of the House, but their services be required
only for the official business of the House and its commit-
tees and members.
Which was read.
Mr. Milam moved the adoption of the Resolution.
Mr. McLeran moved to amend by substituting the word
five for the word three in said resolution.
Which was not agreed to.
The question then recurred upon the adoption of the
resolution.
11
Which was agreed to.
The Speaker appointed as such committee Messrs. Milam,
Mayo and Davis.
By Mr. Davis of Leon-
House Resolution No. 4:
Whereas, Honorable W. B. Bishop, one of the Represen-
tatives from Jefferson County, has been called home on ac-
count of the sudden death of his father, which occurred on
Tuesday, April 2, 1923; and
Whereas, The members of the House of Representatives
regret the sorrow which has befallen our fellow member;
now, therefore, be it
Resolved by the House of Representatives, That this
House extends to our fellow member, Hon. W. B. Bishop,
of Jefferson County, our sincerest sympathy in his be-
reavement, and that the Chief Clerk do furnish a copy of
this Resolution to our fellow member and his family.
Which was read.
Mr. Davis moved the adoption of the Resolution.
Which was agreed to.
By Mr. Miller of Duval-
House Resolution No. 5:
Whereas, Section 104 of the Revised General Statutes of
Florida provides for the employment by the House of an
experienced indexer, acting in conjunction with a similar
clerk from the Senate, to compile and make the index of the
Journal of the House of Representatives; and
Whereas, The work of the Chief Clerk is so great and
pressing at certain hours as to make an extra assistant
necessary; and
Whereas, The said Chief Clerk is charged with the re-
sponsibility of the supervision of the said work of indexing
the Journal; therefore, be it
Resolved by the House of Representatives, In the inter-
est of economy and efficiency in carrying out said work,
that the said two positions be combined and that the Chief
Clerk be, and he is hereby, authorized to employ an 'ex-
perienced indexing clerk, who shall be known as the Jour-
nal Clerk, to do the work outlined in said Section 104 of
the Revised General Statutes, and also to assist him in such
other work as he may direct, which said clerk shall receive
the same compensation and remuneration as other clerks
of this House.
12
Which was read.
Mr. Miller moved the adoption of the Resolution.
Which was agreed to.
By Mr. Davis of Leon-
House Resolution No. 6-
Be it Resolved by the House, That the Speaker be and he
is hereby authorized to appoint a private secretary and an
assistant sergeant-at-arms for the remainder of the ses-
sion, same to receive as compensation the sum of $6.00 each
per day during the time of their service.
Which was read.
Mr. Davis moved the adoption of the Resolution.
Which was agreed to.
By Mr. Stuart of Hillsborough-
House Resolution No. 7:
Be it Resolved by the House of Representatives, That
upon his requisition each member of the House be supplied
with a copy of the Revised General Statutes of 1920 and
the Laws of Florida of 1921.
Be it further Resolved, That the Sergeant-at-Arms be
instructed to procure said General Statutes and Laws and
return the same to the Secretary of State upon or before
the final adjournment of this Legislature.
Which was read.
Mr. Stuart moved the adoption of the Resolution.
Which was agreed to.
By Mr. Hinson of Gadsden- -
House Resolution No. 8:
Whereas, All previous sessions of the Legislature have
found it necessary to appoint an assistant janitor, owing to
the amount of work devolving on the janitor; and
Whereas, Owing to the enlargement of the House Cham-
ber, and the fact that many more committee rooms have
been made available for the House which has doubled the
work of the janitor, as well as made it necessary for him
to keep a public gallery cleaned up and in order, which
was not in existence at any previous session; and
Whereas, Extra help was provided at the 1921 Session;
therefore be it
Resolved by the House, That the Speaker be and is here-
by authorized to appoint an assistant janitor at $4.00 per
day to assist the janitor during the remainder of the ses-
13
sion and particularly to look after the galleries and com-
mittee rooms.
Which was read.
Mr. Hinson moved the adoption of the Resolution.
Which was agreed to.
Mr. Davis moved that when the House adjourns it be to
meet tomorrow morning at ten o'clock.
Which was agreed to.
Mr. Matthews (Bradford) moved that a committee of
three be appointed by the Speaker to wait upon the Gov-
ernor and advise him that the House will be pleased to
hear his address tomorrow morning at 11 o'clock; that the
Senate be invited to meet with the House in joint session
at that hour, and that the Sergeant-at-Arms be instructed
to provide thirty-two chairs for the accommodation of the
Senate.
Which was agreed to.
The Speaker appointed as such committee to wait upon
the Governor Mr. Matthews (Bradford), Mr. Van Roy and
Mr. Weaver.
The Speaker announced the appointment of the follow-
ing under the provisions of House Resolution No. 6: Pri-
vate Secretary, Mrs. J. A. Grant; Assistant Sergeant-at-
Arms, M. V. Wiggins.
The Chief Clerk announced that under the provisions of
House Resolution No. 5, he has employed Mrs. Ruth C.
Kellum.
Mr. Carroll moved that the thanks of the House be ex-
tended to the ladies of Tallahassee for the beautiful flow-
ers offered in decorating the Speaker's stand and the mem-
bers' desks.
Which was agreed to.
Mr. Lake moved that the thanks of the House be ex-
pressed to the citizens of Tallahassee and Leon County for
the many courtesies extended to the members, and to the
people of Wakulla County for their cordial invitations.
Which was agreed to.
14
Mr. Lewis moved that the House express to the young
ladies of the College its grateful appreciation for the bou-
quets of flowers furnished to each member.
Which was agreed to.
Mr. Weeks moved that the House do now adjourn.
Which was agreed to.
Whereupon the House adjourned until tomorrow morn-
ing at ten o'clock.
Wednesday, April 4, 1923
The House was called to.order by the Speaker at 10
o'clock a. m.
The roll being called, the following answered to their
names:
Mr. Speaker, Messrs. Acree, Adams, Bell, Bishop, Blud-
worth, Brock, Bryant, Bullard, Busto, Byrd, Carmichael,
Carroll, Davis, Dew, Epperson, Ferrell, Fletcher, Geiger.
Getzen, Giles, Gregory, Griffin, Hale, Harper, Harris, Har-
vell, Henderson, Hendry, Hinson, Hocker, Jones, Ken-
nerly, Knowles, Lake, Lewis, Lord, Mahr, Matthews (Al-
achua), Matthews (Bradford), Mayo, Mays, Mercer, Mer-
chant, Milam, Miller, McCall, McClellan, MacKenzie
(Lake), McKenzie (Putnam), McLeran, McNeill. McRae,
Nolte, Ogilvie, Parrish, Peiper, Pinholster, Powers, Reg-
ister, Rivers, Shear, Shelly, Smith, Stokes, Stuart, Taylor
(Highlands), Taylor (Hillsborough), Tervin, Tillman,
Ulmer, Van Roy, Wade, Weaver, Weeks, Weidling, Weth-
erington (Hamilton), Whitty, Willard, Williams (Har-
dee), Williams (Leon), Witherington (Orange), Witt,
Young-84.
A quorum present.
Prayer by the Chaplain.
The following members came forward and took the oath
of office prescribed by the Constitution of the State of Flor-
15
ida, which was administered by B. A. Meginniss, a notary
public for the State of Florida at large:
W. B. Bishop, of Jefferson County.
F. L. Byrd, of Flagler County.
A committee from the Senate, consisting of Messrs.
Hodges, Stokes and Singletary, appeared at the bar of the
House and announced that the Senate accepts the invita-
tion of the House to meet with it in joint session at 11
o 'clock.
The following memorial was read:
CONCURRENT RESOLUTION INTRODUCED BY
MR. PORTER
Be it Resolved, by the Senate of the Eighteenth Legis-
lative Assembly, the House of Representatives Concurring
Therein:
Whereas, It has been made to appear to the Legislative
Assembly of the State of North Dakota, that Martin Tabert,
a young man of about twenty-two years of age, a respected,
respectable and law-abiding citizen of the State, left his
home in the fall of 1921 on a lawful and proper undertak-
ing, which in the month of December of said year took him
within the county of Leon in the State of Florida;
And, that on the 15th day of said month he was arrested
in said county for a violation of some penal statute or reg-
ulation of the State of Florida, prescribing conditions or
circumstances under which it was unlawful to ride upon a
railroad train;
And, that he was thereupon summarily convicted of such
offense and sentenced to pay a fine of twenty-five dollars
or be imprisoned for a period of three months, and that
being unable to pay such fine immediately, he was commit-
ted to the custody of the sheriff of said county, to-wit, J.
R. Jones.
That, whereupon under the provisions of some statute
or regulation of the State of Florida he was leased as a
prisoner to the Putnam Lumber Company, to work for it
as a convict at Clara, Florida, and was also immediately
surrendered into its possession or custody.
That immediately upon his conviction as aforesaid he did
communicate with his parents by telegraph asking for
funds with which to pay his fine as aforesaid, and almost
16
immediately his parents did forward to him by telegraph,
in the care cf said sheriff, more than sufficient funds to pay
:said fine, but said sheriff did not accept said message of
remittance of said money, but caused the same to be re-
turned to th e senders without reporting any reason there-
for, or disclosing anything with reference to the where-
ab'outs of said Tabert.
That thereupon and on the 21st day of December, 1921,
the parents of said Martin Tabert did by registered letter
send to him, in the care of said sheriff, more than sufficient
money with which to pay said fine, and said letter came
into the hands of the said sheriff within a few days; that
thereupon said sheriff did indorse on said letter a state-
ment to the effect that said Tabert had gone away, and di-
rected said letter to be returned to the sender, without in
any way disclosing the facts with reference to the condi-
tion or whereabouts of said Tabert.
That on or about the first day of February, 1922, said
Tabert died while in the custody of said Putnam Lumber
Company, and from careful investigation made by rela-
tives and friends of said Tabert, and officials of the State
of North Dakota, the results of which have been laid before
the legislative assembly, together with correspondence and
affidavits, it is convinced that said Tabert died as the di-
rect and proximate result of physical abuse and torture
inflicted upon him by the said Putnam Lumber Company,
and its employees, and more particularly by one T. W.
Higginbotham, and it is further believed:
That such abuse occurred after the money intended for
the payment of said fine had come into the hands of said
sheriff and should have been devoted to the purpose of
releasing said Tabert, and that said sheriff by connivance
and conspiracy with the said lumber company purposely
refrained from either forwarding said money to said Ta-
bert, or communicating to the senders thereof the facts as
to his then custody or whereabouts, and that he purposely
so indorsed said letter and caused it to be returned to the
senders, to lead them to believe that he had been released
from custody and prevent them from obtaining his release,
and it is further believed:
That a corrupt understanding and agreement existed
between said sheriff and said lumber company to the ef-
fect that the sheriff should endeavor to obtain the arrest
and conviction of men for pretended or petty offenses, to
17
the end that when convicted they might be leased to said
lumber company, and that for each convict so obtained
from the custody of said sheriff he should receive a cash
compensation, and that said Tabert was a victim of such
conspiracy. It is further believed:
That while the legislative assembly is convinced by the
showing made to it of the substantial accuracy of the facts
heretofore set forth, the State of Florida is in no manner
party to the great wrong and that as represented by its
legislature it will feel the same sense of indignation as is
felt by the State of North Dakota represented by its Legis-
lature, and that it will to the utmost of its ability desire
to redress the wrong done to the citizen of a sister State,
and make impossible the commission of such abuses in the
future. Be it therefore
Resolved, by the State of North Dakota, the House of
Representatives concurring, That the Legislature of the
Cotmmonwellth of Florida is hereby memorialized and re-
quested by the Legislature of the commonwealth of North
Dakota, to cause a full investigation to be made of the cir-
cumstances surrounding the conviction, leasing and death
of said Martin Tabert, and -to cause such action to be
taken as will most surely and expeditiously lead to the
punishment of all parties concerned therein. Be it further
Resolved, The State of North Dakota in a spirit of com-
ity and friendship extends its greeting from the further-
most side of Union to the State of Florida, and requests
that such recognition as this communication shall receive
be transmitted to the Governor of the State, this assembly
being about to adjourn. Be it further
Resolved, That an engrossed copy hereof, attested by the
presiding officers of the Senate and House of Representa-
tives, be transmitted by the Secretary of the State, to each
house of the Legislature of the State of Florida.
(Signed) FRANK H. HYLAND,
President of the Senate.
(Signed) W. E. PARSONS,
Secretary of the Senate.
(Signed) ROY JOHNSON,
Speaker of the House.
(Signed) W. F. CUSHING,
Chief Clerk of the House.
This certifies that the within bill originated in the Sen-
ate of the Eighteenth Legislative Assembly of the State
18
of North Dakota, and is known on the records of that body
as Concurrent Resolution introduced by Mr. Porter.
(Signed) W. E. PARSONS,
Secretary of the Senate.
Seal of the State of North Dakota.
Mr. Davis moved that the Memorial be referred to a
select committee of five from the House of Representatives
for investigation, which said committee shall report to the
House tomorrow morning.
Roll call being demanded on the motion the vote was as
follows:
Yeas-Mr. Speaker, Messrs. Acree, Adams, Bell, Bishop,
Bludworth, Brock, Bryant, Bullard, Busto, Byrd, Car-
michael, Carroll, Davis, Dew, Epperson, Ferrell, Getzen,
Giles, Gregory, Griffin, Hale, Harper, Harris, Harvell,
Hendry, Hinson, Hocker, Jones, Kennerly, Knowles, Lake,
Lord, Mahr, Matthews (Alachua), Matthews (Bradford),
Mayo, Mays, Mercer, Merchant, Milam, Miller, McCall,
McClellan, MacKenzie (Lake), McKenzie (Putnam), Mc-
Leran, McNeill, McRae, Nolte, Ogilvie, Peiper, Pinholster,
Powers, Register, Rivers, Shear, Shelly, Smith, Stokes,
Stuart, Taylor (Highlands), Taylor (Hillsborough), Till-
man, Van Roy, Wade, Weaver, Weeks, Weidling, Whitty,
Williams (Hardee), Williams (Leon), Witherington (Or-
ange), Witt, Young-77.
Nays-Messrs. Lewis, Tervin, Willard-3.
So the motion was agreed to.
The Speaker appointed as such committee Messrs. Davis,
Hendry, Getzen, Lake, and Smith.
The following communication from the Attorney Gen-
eral was received:
19
STATE OF FLORIDA,
OFFICE OF THE ATTORNEY GENERAL.
Tallahassee, April 3, 1923.
Hon. L. D. Edge,
Speaker House of Representatives,
Tallahassee, Florida.
Dear Sir:
Under the provisions of Section 13, Article V of the
Constitution of Florida, I herewith transmit to the House
of Representatives of the Florida Legislature, Session
1923, certain recommendations proposing amendments to
existing laws and the enactment of additional laws which
I deem expedient.
Very respectfully,
RIVERS BUFORD,
Attorney General.
RECOMMENDATIONS MADE BY RIVERS BUFORD,
ATTORNEY GENERAL OF THE STATE OF FLOR-
IDA, TO THE LEGISLATURE, SESSION 1923.
Tallahassee, Fla., April 3, 1923.
To the Legislature of the State of Florida:
In compliance with Section 13, Article V of the Con-
stitution of the State of Florida, I herewith transmit cer-
tain recommendations as to legislation for the consideration
of this Honorable Body.
Section 13 of Article V of the Constitution of Florida
provides: "It shall be the duty of the Judges of the Cir-
cuit Courts to report to the Attorney General at least
thirty days before each session of the Legislature such
defects in the laws as may have been brought to their at-
tention, and to suggest such amendments or additional
legislation as may be deemed necessary."
I have received only one communication complying with
this provision of the Constitution, the same being from
Judge George Couper Gibbs of the Fourth Judicial Circuit
20
of Florida, and Judge Daniel A. Simmons of the Circuit
Court of Duval County, which communication is as fol-
lows, to-wit:
Jacksonville, Fla., March 5, 1923.
Hon. Rivers Buford,
Attorney General,
Tallahassee, Fla.
My Dear Sir:
In compliance with Section 13 of Article V of the Con-
stitution of this State, Judge Simmons and I respectfully
report to you the following defects in the laws which have
been brought to our attention, and suggest to you the fol-
lowing amendments and additional legislation:
1. We, in conference with other Circuit Judges, made cer-
tain suggestions to the Governor, a copy of which, we are
informed, was handed to you. We are of the opinion that
laws made in pursuance thereof will ensure to a better
administration of justice in our Courts.
2. In Chapter 8470, Laws of Florida, 1921, as published,
defining murder in its several degrees, we find that in the
definition of murder in the third degree the word "arson"
is spelled "aron." We suggest that this Chapter be
amended to correct this error.
3. In Chapter 8480, Laws of Florida, 1921, amending
Sections 3003 and 3004, Revised General Statutes, the
Legislature, by Section 2 thereof, provided for the allow-
ance of expenses of Circuit Judges, not to exceed a certain
amount, but failed to appropriate any sum for the payment
thereof. An appropriate law should be enacted for the
payment of such sums as have been expended by the Cir-
cuit Judges for the purposes set forth in such section.
4. We suggest that Section 3135 of the Revised General
Statutes regarding evidence in chancery be so amended as
to allow testimony to be taken directly before the court
and not make it essential for such testimony to be taken
down in writing and filed in the cause, unless by order of
the court or by request of one or the other of the parties
to the cause. We suggest a law similar to that enclosed.
We believe that a great saving in time and expense would
be had if these chancery cases could, under appropriate
21
rules by the Supreme Court, be heard, as common law
cases, directly before the Court.
5. We suggest that Section 5051 of the Revised General
Statutes be amended by adding to the penalty prescribed,
these words, "or for such term of years in the State Prison
as the Court may direct." We make this suggestion, as
there are sometimes cases in which the life penalty is un-
just. We speak particularly with reference to those cases
in which only negroes are involved. While the offender is
guilty according to the statute, still there are such extenu-
ating circumstances as to make life sentence unjust.
6. Authority should be granted to the Secretary of State
to furnish to the Judge of the Civil Court of Record of
Duval County, Florida, the Florida Reports, the Revised
General Statutes, and the Laws of Florida.
7. Authority should be granted the Secretary of State-
to furnish to the Circuit Judges upon requisition by them
the volumes of Florida Reports which have been lost or
have been worn out in service.
8. Amendment providing for service of notice upon
Attorney General and Clerk of Supreme Court when writ
of error in criminal cases is sued out in lower court, or
change of law to provide for suing out such writ of error in
Supreme Court, instead of lower court.
"9. Designation and definition by Legislature of official
record of the acts of the Legislature.
10. Appropriate legislation should provide means for
settling in the matter of a primary election, contests be-
tween those seeking nomination for the Legislature or for
the Board of County Commissioners.
11. Present law should be amended so as to require that
all cases, civil, criminal and in chancery in the Circuit
Court should be reported by the regular court reporter or
his duly authorized deputy, who should be paid an ade-
quate salary for such service, and such testimony should
be transcribed only when necessary for appeal or other-
wise at the expense of the person taking said appeal, ex-
cept in insolvent cases ordered by the Court to be paid by
the State of Florida.
12. There should be a definite statute permitting the
Circuit Judge in those cases where a defendant pleads
guilty to murder in the first degree to make inquiry and
22
decide as to whether such defendant should receive the
death penalty or imprisonment for life.
Yours respectfully,
(Signed) GEORGE COUPER GIBBS,
Judge.
(Signed) DAN'L A. SIMMONS,
Judge.
A BILL
TO BE ENTITLED
AN ACT Relating to the Taking of Testimony in Chancery
Cases.
Be it Encated by the Legislature of the State of Florida:
Section 1. In any Chancery case the testimony wholly
or in part may be taken orally before the court as the court
may direct, or upon commission, or by an examiner or mas-
ter appointed by the court. The Supreme Court of Florida
from time to time may promulgate general rules controll-
ing the Chancery Court in the taking of testimony. The
laws, rules and practice effective before the passage of this
act shall prevail until general rules are hereafter promul-
gated by the Supreme Court or where such general rules
are not in point, but in any chancery case the Chancery
Court may require the testimony wholly or in part to be
taken orally before the court, and it need not be taken
down in writing or filed in the cause except as ordered by
court or provided for by rule.
Sec. 2. This Act shall take effect immediately upon its
passage.
I have been informed that a convention of the Judges
of the Circuit Courts of the State of Florida was held in
Tallahassee, Florida, in September of 1922, for the purpose
of recommending to the Governor such legislation as by
them might be deemed expedient. A copy of the Report
adopted by that convention and submitted to the Governor
was transmitted to the office of the Attorney General. I
assume that as this Report was addressed to the Governor
its contents will be presented by him to the Legislature.
Therefore, I do not include the same herewith.
23
SUGGESTED LEGISLATION
I respectfully recommend the enactment of laws upon
the following subjects:
APPEAL
I suggest the passage of an Act which will provide that
in any criminal case, where the statute under which the
defendant is being prosecuted is held by the trial court to
be unconstitutional, the State shall have the right to im-
mediately appeal from such decision to the Supreme Court
of the State of Florida, for the purpose of having the con-
stitutionality of the statute adjudicated by the Supreme
Court, and that the cause shall stand in status quo in trial
court pending such decision by the Supreme Court.
BASTARDS
I suggest that Section 3615, Revised General Statutes of
Florida, be amended so as to provide that where the iden-
tity of the father of a bastard child is established as pro-
vided by law that such bastard child shall be entitled to
take property by inheritance from the father in share
equal to that of a legitimate child; and to provide that
such father cannot in any wise defeat such right by will
or the creation of a trust estate.
I further suggest that Section 3957, Revised General
Statutes of Florida, which is an Act of 1828, be amended
so as to simplify the proceedings and elimiiiate unnecessary
technicalities in the manner of instituting bastardy pro-
ceedings.
I also suggest that Sectiton 3959, Revised General Stat-
utes of Florida, be amended so as to provide that the
judgment of the court shall declare the defendant to be
the father of a child; and to provide for the judgment to
be for the payment of a sum to be fixed by the court upon
a fair consideration of the defendant's ability to pay, but
not to exceed the sum of six hundred dollars per year.
I also suggest that Section 3960, Revised General Stat-
utes of Florida, be amended so as to make the penalty
therein mentioned not to exceed five years in State Prison.
24
BOND TRUSTEES
A law should be passed which will abolish the office of
Bond Trustee for all county bonds and all road district
bonds. It is my judgment that there is no necessity for the
existence of such officers. They perform no valuable serv-
ice and the result of having them is merely an expense
upon the county and district.
All the functions performed by such Bond Trustees
could be as well performed by the Clerk of the Circuit
Court for nominal compensation.
CARNAL INTERCOURSE WITH UNMARRIED FEMALE UNDER
EIGHTEEN YEARS
I recommend that Section 5409, Revised General Stat-
utes of Florida, be so amended as to preclude the defendant
from showing as, a matter of defense, that he himself had,
prior to the date alleged in the indictment, been a party to
the unchaste conduct of the girl named in the indictment.
CLOSING ARGUMENT IN CRIMINAL CASES
I suggest that Section 6080, Revised General Statutes of
Florida, be amended so that where two defendants are
being tried jointly, one defendant will not be allowed to
claim the right to introduce testimony applying to both
defendants and then the other defendant claim the right
of closing argument, thereby getting both the advantage
of all available testimony and also the advantage of the
closing argument.
CONFLICTS IN STATUTES
I have had occasion to observe two subjects upon which
the Revised General Statutes present conflicting pro-
visions. The first is:
Section 1007, Revised General Statutes of Florida, Vol-
ume 1, provides in part as follows:
(c) "Name of the county in which he resides,
and a statement that he is over sixteen years of
age."
Section 1016, Revised General Statutes of Florida, Vol-
ume 1, provides as follows:
25
".No person shall operate a motor driven ve-
hicle who is under fourteen years of age, unless
such person is accompanied by a duly licensed
chauffeur, or by the owner of the motor vehicle
being driven."
Section 1024, Revised General Statutes of Florida, Vol-
ume 1, provides in part as follows:
"Such application shall be verified and shall
state the age of the applicant, and no license shall
be issued to any person under the age of eighteen
years.'
The other is in regard to license fees required of hotels
and boarding houses:
Section 842 of the Revised General Statutes of
Florida, provides for the payment of an occupa-.
tion tax based upon the number of lodgers or
boarders, which may be cared for in the hotel.
Section 2127, Revised General Statutes of Florida,
provides for the payment of a license tax to be
based upon the number of rooms contained in the
hotel or boarding house.
These provisions are in direct conflict with each other
and such confliction should be eliminated.
CONCEALED WEAPONS
I suggest that the proviso which appears in Sections
5095 and 5100, Revised General Statutes of Florida, be
amended to read as follows:
"Provided, That nothing in this section shall be
considered as applying to sheriffs, deputy sheriffs,
city and town marshals, policemen regularly on
duty, or policemen actually employed and paid
for services by a municipality, or constables, or
United States marshals, or their deputies."
CONVICTS
I suggest that Section 6287, Revised General Statutes of
Florida, be so amended as to include all convicts; and that
it also apply to persons aiding in the escape of any con-
vict.
I recommend that the leasing of county convicts to in-
dividuals, firms or corporations to work in private enter-
26
prises be prohibited, and that the county commissioners
of the several counties be required to work the county con-
victs on the roads of such counties.
COUNTY COMMISSIONERS
I recommend that a uniform law be passed fixing the
compensation of County Commissioners throughout the
State. At present there exists a number of statutes fixing
the compensation of County Commissioners in counties of
various populations. The Supreme Court of Florida has
very strongly intimated and some members of the court
positively stated in an opinion rendered that such classifi-
cations were and are in conflict with the Constitution, and
it is my opinion that should the existing statutes which
were made to apply to certain counties be contested in the
courts they would be held invalid and such decision by the
courts would cause a great deal of confusion and embar-
rassment.
COUNTY BOARDS OF PUBLIC INSTRUCTION
I recommend that a uniform law be passed fixing the
compensation of County Boards of Public Instruction
throughout the State. At present there exists a number
of statutes fixing the compensation of County Boards of
Public Instruction in counties of various populations. The
Supreme Court of Florida has very strongly intimated
and some members of the court positively stated in an
opinion rendered that such classifications were and are in
.conflict with the Constitution, and it is my opinion that
should the existing statutes which were made to apply to
certain counties be contested in the courts they would be
held invalid and such decision by the courts would cause
a great deal of confusion and embarrassment.
CRIMINAL ASSOCIATION
I recommend the passage of an Act which will prohibit
any person of more than twenty-one years of age lewdly or
lasciviously touching or handling the sexual organs of any
person under fourteen years of age; and also to prohibit
any person of more than twenty-one years of age, lewdly
or lasciviously allowing any person under fourteen years
27
of age to touch, or handle, the private parts or sexual or-
gan of such person so being over twenty-one years of age.
DECLARATORY JUDGMENTS
I suggest the passage of an Act which will authorize the
Circuit Courts and the Supreme Court of the State of
Florida to pronounce declaratory judgments in cases of
actual controversy within the scope of their respective
jurisdictions, thereby making binding adjudications of
right, whether or not consequential relief at the time
could be claimed. Also providing that controversies in-
volving the interpretation of deeds, wills and other instru-
ments of writing, statutes, municipal ordinances and other
governmental regulations may be so determined by such
courts.
DECLARATIONS OF TRUST
A great many people in Florida are establishing busi-
ness organizations under "Declarations of Trust," which
method of doing business presents many attractive fea-
tures, one of which is, that the promoters are not required
to comply with any statutory provision and are not re-
quired to procure any permit from any state authorities
to do business, and are not required to pay any charter
fees, all of which things are required of persons organizing
and conducting corporations.
I, therefore, suggest the passage of an Act regulating
the creation and management of business associations pro-
posing to operate under "Declarations of Trust."
DIVORCE
I wish to call your attention to the fact that the pro-
miscuous procuring of divorce is becoming the greatest
menace to the moral standard of our country, and it is my
opinion that this tendency should be discouraged at every
possible turn.
In my opinion divorces are entirely too easily procured
under the laws of the State of Florida; and under existing
practice it is quite easy for fraud and deception to be
practiced upon the courts having jurisdiction of these
cases.
28
I, therefore, suggest the passage of an Act, which will
require that all testimony to be considered in divorce suits
in this State shall be taken before the Judge of the Court
having jurisdiction of the cause, and that the same shall
be taken down in shorthand by the Court Reporter, or
some competent stenographer to be named by the Court,
and that said testimony be transcribed and filed as a part
of the record of such proceedings.
I further suggest that an Act be passed which will pro-
vide that the Court may make an order in any suit pending
for divorce before such Court, directing the State's Attor-
ney of the Circuit where the suit is pending to ascertain all
the facts pertinent to the issue and to submit the same in
writing to the Court, together with the names of the ma-
terial witnesses, and providing that for such services, the
State's Attorney shall receive a fee to be fixed by the
Court, and to be taxed and paid as a part of the costs
under direction of the Court. This statute should be
framed so that the provisions would only be invoked by
the Court in cases in which the Court deemed such pro-
cedure necessary.
I further suggest that Section 3191, Revised General
Statutes of Florida, defining grounds for divorce, be
amended so as to eliminate the grounds therein contained
numbered Four, Five and Six.
A law should be enacted providing that it shall be un-
lawful for any person to file a bill of complaint seeking a
divorce from his or her spouse except in the county where
either the complainant actually lives or in which the de-
fendant actually lives. I have observed some people have
taken advantage of the laxity existing in the statutes and
have filed suits for divorce in the circuit where one or
both parties resided, but not in the county where either
resided.
EVIDENCE
I suggest the passage of an Act which will provide that
in any criminal case where a continuance is applied for,
because of the non-appearance of a witness, the party
making such application shall be required to set up in
writing all the facts which in his opinion the said witness
would swear to, and if the adverse party shall admit before
the jury that the witness if present would swear to such
statement of facts, no continuance shall be granted upon
29
that ground. But by the adverse party admitting that the
witness would testify to such statement of facts, he shall
not be held to thereby admit that such statement of facts
is true, and shall have the privilege of proving or attempt-
ing to prove such statement of facts not true by competent
testimony.
EXTRADITION
The volume of requisitions for extradition warrants for
alleged criminals, who have taken refuge in Florida, is
growing rapidly and entails considerable expense upon
our State. I therefore suggest the passage of an Act which
will provide that no warrant of extradition should be is-
sued until a fee of $5.00 for the same shall have been de-
posited with the Secretary of State of Florida, which
money when received by him shall be transmitted to the
State Treasurer and deposited in the General Revenue
Fund of the State of Florida.
EMBEZZLEMENT
I recommend the passage of an Act amending our law
prohibiting embezzlement.
FALSE SWEARING
I suggest the passage of an Act which will provide that
any person, who, when sworn as a witness in any cause in
a court of competent jurisdiction, swears to any statement
of facts, and thereafter in the same court, or in any other
court where the same cause is at issue or being tried, shall
be sworn as a witness and testifies to a statement of facts
materially different from the testimony given by such wit-
ness at a former hearing, shall be deemed guilty of a felony,
and upon conviction, shall be imprisoned in the State
Prison not exceeding five years, or fined not exceeding five
thousand dollars.
FRANCHISE TAX
I recommend a law which will provide for a franchise
tax.
30
GASOLINE LICENSE TAX
I recommend that the law be amended so that 2 cents per
gallon license tax will be paid on all gasoline sold in the
State of Florida when the same has been divested of its
interstate character. That 1 cent of such tax go to the
State to be used by the State Road Department, and 1 cent
of such tax go to the county in which the gasoline shall
have been sold for consumption.
HOTEL COMMISSION
I suggest that the law in regard to the inspection of
hotels, rooming houses and restaurants by the Hotel Com-
mission of the State of Florida, be amended so as to spe-
cifically include apartment houses and tenement houses.
This recommendation is made because a number of people
question the authority of the Hotel Commission as applied
to such structures, and the law should be made so clear and
positive that there could be no question as to its meaning
and intent.
Hundreds of people are housed in apartment houses and
tenement houses in this State and the number is constantly
increasing. The lives of these people are often in jeopardy
because of the improper and inadequate construction of the
buildings due to the lack of proper fire escapes and because
of the lack of sanitary facilities. It is only right, fair and
just that the landlords should be required to provide for
the safety of their tenants as far as possible.
JURORS
I suggest that an Act be passed providing that in the
trial of criminal cases where two or more defendants are
being tried jointly, the State shall be entitled to a number
of peremptory challenges equal to the aggregate number of
peremptory challenges which may be exercised by the sev-
eral defendants.
LAND SWINDLERS
I recommend the passage of an Act, which will prohibit
any person from knowingly or wilfully swindling, or de-
frauding, any other person out of money, or of anything of
value, by the sale or transfer, or the pretended sale or
31
transfer, of any lands in the State of Florida, and provid-
ing that the prosecution for the violation of the Act may
be had in any county where any matter pertaining to the
transaction occurs.
LAND TITLES
I suggest the passage of an Act which will provide for
the adoption of the Torrens System of land titles, or some
other system closely akin to the Torrens System.
LOAN SHARKS
I recommend the passage of an Act which will effectually
prohibit extortion by loan sharks.
MARRIAGE LICENSES
I suggest that Chapter 7828, Acts of 1919, be amended
so as to eliminate the necessity of more than one parent of
each of the contracting parties consenting to the marriage
of the parties. As the statute stands, both parents, if
living, of both of the contracting parties must give their
permission for the marriage, before a license can be issued
in cases where the parties are under twenty-one years of
age, and this often causes great inconvenience, which is
entirely unnecessary.
I also suggest that this Chapter be further amended, or
that a new Act be passed providing that any one, who shall
knowingly in any way deceive, or attempt to deceive, the
County Judge as to the identity of any person applying
for a marriage lisense, shall be deemed guilty of a felony,
and upon conviction be punished by imprisonment in the
State Prison not exceeding five years, or fined not exceed-
ing Five Thousand Dollars.
MOTOR DRIVEN VEHICLE LICENSE LAW
The Motor Driven Vehicle License Law should be
amended in a great many respects, but especially so as to
do justice to the people who pay the tax and may be by
misfortune deprived of the use of the license tag. Hon.
R. A. Gray, who has direct supervision of the issuing of
license tags for automobiles, etc., in the office of the State
32
Comptroller, has prepared needful amendments to this law,
and I hope the Legislature will see fit to adopt his sug-
gestions.
PAINT
I recommend the passage of a statute which will require
all persons offering for sale, or selling, mixed paint either
to a dealer or a consumer in this State, to place in plain
words and figures the guaranteed analysis of such paint
upon each package in which such paint is sold or delivered,
which analysis shall show plainly the percentage of all in-
gredients contained in such package of paint.
PICTURE SHOWS
A law should be passed exempting from the payment of
a license tax any picture show, lecture, theatrical perform-
ance, or other educational amusement, exhibited, conducted
or operated under an agreement by which the management,
owner, or performer, contributes to any public school, or
schools, or to charitable purposes, to be used in connection
with public school work, or to Posts of the American Le-
gion or to Chapters of the Confederate Veterans or to
Chapters of the Daughters of the Confederacy, as much
as fifty per cent (50%) of the gross receipts accruing by
reason of such show, performance or lecture.
PLEADINGS
I recommend the passage of a statute which will require
parties to all actions who shall file dilatory pleas to bring
the same on for hearing before the proper court within a
limited period of time.
PROBATION OFFICER
I suggest Section 2323, Revised General Statutes of Flor-
ida, be amended so that the petition to be filed as provided
for in said section may be filed by any sheriff, deputy
sheriff, constable or prosecuting officer.
33
PROHIBITION ENFORCEMENT
I suggest the passage of an Act which will provide for
compensation to be paid to county prosecuting officers,
who are not paid entirely by salary for their services in
cases involving the enforcement of the prohibition statute,
and especially when required to prosecute actions involving
the confiscation of property.
I recommend that more stringent penalties be provided
for the violation of the prohibition statutes.
REAPPORTIONMENT
It is my opinion that justice demands that this session
of the Legislature do proceed to reapportion the legislative
representation throughout the State of Florida.
RECEIVERS
I suggest the passage of an Act which will prohibit any
person at interest in a suit, where receivership is had, be-
ing appointed receiver.
SPEED LIMIT
I recommend the passage of an Act which will more defi-
nitely fix speed limits, and also prohibit any motor driven
vehicle while being operated at a greater speed than at the
rate of twenty-five miles per hour, passing within a dis-
tance of three feet of any other moving vehicle.
STATE'S ATTORNEYS
I suggest the passage of an Act which will give the sev-
eral State's Attorneys of the State of Florida, the right
to have witnesses subpoenaed to come before them for ex-
amination as to the perpetration of any unlawful act, either
during the period of the term of court, or during vacation;
that such witnesses shall be subpoenaed to appear before
him in some place named in the county where the offense
is alleged to have been committed; that he have authority
to administer an oath to each witness, whereby each wit-
ness shall be obliged to tell the truth and the whole truth;
that any witness swearing falsely on such examination shall
be deemed guilty of perjury; and that the costs incident to
2---H. J.
34
such examination, including transcript of the testimony
taken where such transcript is deemed necessary by the
State's Attorney, shall be paid by the county in which the
offense is alleged to have been committed.
I recommend the passage of an Act which will provide
that the State's Attorney, by and with the consent of the
Court, may correct any indictment by the correction of a
clerical error apparent upon the face of the indictment,
provided, the correction shall be made in open court and
in the presence of the defendant, or his attorney.
I further recommend the passage of a joint resolution
proposing an amendment to the Constitution, which will
authorize the enactment of a law giving State's Attorneys
authority to file information in the several Circuit Courts,
either in or out of term time, charging all felonies, except
in capital cases, and providing that prosecutions may be
had of offenders under such information.
SUPREME COURT
On account of the fact that the business of the Supreme
Court is rapidly growing and the docket is becoming
heavier and heavier with each term of court, I urgently
request the passage of an Act to authorize the Governor
to appoint one additional person as Justice of the Supreme
Court. I am sure to do so will mean an economical ad-
ministration of the affairs of justice.
TAXATION
I recommend the passage of an Act which will provide
for the appointment of delinquent tax enforcement officers
in each county. Such officers to have authority to locate
and collect delinquent taxes on all classes of property, de-
linquent occupation tax and delinquent automobile license
tax.
I recommend that the law be so amended that the tax
assessing authority may assess back taxes upon any prop-
erty which for any cause the taxes have not been paid
within a period of five years. At present, back taxes may
be levied upon real estate which has escaped taxation
within a period of three years. This period is inadequate
because by reason of the apparently unavoidable delays
incident to legal procedure it is often impossible to pro-
cure a final adjudication as to the validity of a tax assess-
35
ment within three-years after the assessment is made. It
often occurs that litigation is not instituted until two
years after the assessment is made, and then by dilatory
tactics counsel may consume another two years of litiga-
tion and State and County thereby loses the entire tax on
the property which should be paid for one or two years.
There is no good reason why any property should be al-
lowed to escape its just proportion of its. taxation and,
therefore, authority should exist for the back assessment of
taxes against any property which may have escaped taxa-
tion for any year within a period of five years.
TRADE MARKS
The law should be amended in regard to the registration
of trade marks so as to more thoroughly protect adopted
trade marks and also to bring larger revenue to the State
of Florida.
VARIANCES
I suggest the passage of an Act which will provide that
variances between the allegations of an indictment and
information and the proof offered upon the trial, which
in the judgment of the trial court do not prejudice the de-
fendant in his defense, shall be deemed harmless error
and of no effect upon the merits of the case, and the result
thereof shall not be disturbed by reason of such variance.
WIFE DESERTION OR NON-SUPPORT
I recommend the passage of an Act which will prohibit
any Committing Magistrate from issuing a warrant charg-
ing wife desertion or non-support, without the approval of
issuance of such warrant by the Prosecuting Attorney,
whose duty it would become to prosecute such charge upon
trial. This recommendation is made because I have
learned from experience that a great many women go be-
fore Committing Magistrates and swear out warrants
against their husbands upon these charges, and when the
husband has been arrested at considerable cost to the
county, the wife fails to testify to such state of facts as
will warrant a conviction. In fact, in many cases she
refuses to testify at all.
36
WITNESSES
I suggest the passage of an Act providing for the pay-
ment of fees to witnesses who reside beyond the limits of
the State of Florida, when required to attend courts in be-
half of the State in criminal prosecutions.
I also suggest the passage of an Act which will authorize
Committing Magistrates to require witnesses in capital
cases to enter into bond with two good and sufficient sure-
ties, conditioned upon their appearance at the time re-
quired by the court in all capital cases, and to provide for
the estreature and collection of the amount of the bond.
WORTHLESS CHECKS
I recommend that Chapter 8402, Laws of Florida, Acts
of 1921, be amended to conform to the Act of Congress on
the same subject. Several of the Judges of the Circuit
Courts of this State have held Chapter 8402, Acts of 1921,
to be in conflict with the Constitution of'the State of Flor-
ida, and although the Supreme Court has not definitely
passed upon the validity of the Act, I deem it wise to
amend it at this time.
Respectfully submitted,
RIVERS BUFORD,
Attorney General.
Also the following communication from the Attorney
General was received:
STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL.
Tallahassee, Florida, April 3, 1923.
Hon. L. D. Edge,
Speaker, House of Representatives,
Ta:llahassee, Florida.
Dear Sir:
In compliance with the provisions of Section 104, Re-
vised General Statutes, 1920, I hereby recommend Mrs
37
Mary M. Meginniss as a person experienced in indexing, to
supervise and assist the respective clerks of each branch
of the Legislature, having such work in hand, in making
the index for both House and Senate Journals during the
1923 session of the Legislature..
Very respectfully,
RIVERS BUFORD,
Attorney General.
Mr. Stokes moved that the foregoing communications be
spread upon the Journal.
"Which was agreed to.
JOINT SESSION OF THE SENATE AND HOUSE
OF REPRESENTATIVES.
At eleven o'clock a. m. the Senate appeared at the bar
of the House and were awarded seats.
The President of the Senate in the Chair.
The roll being called as to the Senators, the following
answered to their names:
Mr. President, Senators Anderson, Butler, Campbell,
Colson, Cone, Eaton, Epperson, Etheredge, Hodges, Igou,
Johnson, Knabb, Knight, Lindsey, MacWilliams, Malone,
Mapoles, Mitchell, Overstreet, Phillips, Putnam, Rowe,
Russell, Scales, Shelley, Singletary, Stokes, Taylor, Wells,
Wicker-31.
A quorum of the Senate was present.
The roll of the House was called and the following mem-
bers answered to their names:
Mr. Speaker, Messrs Acree, Adams, Bell, Bishop. Blud-
worth, Brock, Bryant, Bullard, Busto, Byrd, Carmichael,
Carroll, Davis, Dew, Epperson, Ferrell, Fletcher, Geiger,
Getzen, Giles, Gregory, Griffin, Hale, Harper, Harris, Har-
vell, Henderson, Hendry, Hinson, Hocker, Jones, Ken-
nerly, Knowles, Lake, Lewis, Lord, Mahr, Matthews (Al-
achua), Matthews (Bradford), Mayo, Mays, Mercer, Mer-
chant, Milam, Miller, McCall, McClellan, MacKenzie
(Lake), McKenzie (Putnam), McLeran, McNeill, McRae,
Nolte, Ogilvie, Parrish, Peiper, Pinholster, Powers, Regis-
ter, Rivers, Shear, Shelly, Smith, Stokes, Stuart, Taylor
(Highlands), Taylor (Hillsborough), Tervin, Tillman, Ul-
mer, Van Roy, Wade, Weaver, Weeks, Weidling, Wether-
ington (Hamilton), Whitty, Willard, Williams, (Hardee),
38
Williams (Leon), Witherington (Orange), Witt, Young
-84.
A quorum of the House was present.
The presiding officer (ttPe President of the Senate) an-
nounced a quorum of the Joint Session.
Senator Malone moved that a committee of three-one
to be appointed from the Senate by the President and two
to be appointed from the House by the Speaker-be
named to wait upon the Governor and inform him that
the Joint Session is now ready to hear his address.
Which was agreed to.
The following were named as such committee: Senator
Malone and Messrs Stuart and Taylor (Highlands).
The committee retired, and after a brief absence re-
turned accompanied by Governor Cary A. Hardee.
The committee was discharged and the President intro-
duced the Governor who delivered his address, which is
as follows:
ADDRESS OF THE GOVERNOR.
The Senate and House of Representatives of the Florida
Legislature e:
Section 9 of Article 4 of the Constitution of Florida is
as follows:
"The Governor shall communicate by message to the
Legislature at each regular session information concerning
the condition of the State and recommend such measures
as he may deem expedient." In keeping with the fore-
going provision of our Constitution, I have the honor of
submitting for your consideration the following informa-
tion, together with such recommendation as would seem
appropriate at this time.
The bonded indebtedness of the State amounts to the
sum of $601,506.00, which bonds are now owned by a di-
vision of the State Government, to-wit: the State Board
of Education. At the convention of the Legislature of
1921 I recommended a plan for the gradual and easy
39
retirement of this indebtedness, of which plan the present
State Treasurer was the author. In brief, it was the
creation of a sinking fund commission composed of the
Cabinet Members identical with the personnel of the State
Board of Education, to-wit: the Governor, Secretary of
State, Attorney General, State Treasurer and State Super-
intendent of Public Instruction. It was further recom-
mended that the interest on State deposits in the various
banking institutions be paid to the Sinking Fund Com-
mission and invested by such Commission in that class
of securities which the law authorizes the State Board of
Education to purchase and hold with educational funds;
that when the securities and cash in the hands of the
Sinking Fund Commission amount to as much as the
bonds, to-wit: $601,506.00, then the Sinking Fund Com-
mission will be authorized to tender and the State Board
of Education will be authorized to accept such securities
and cash in lieu of the State bonds in the aforesaid
amount and thereupon immediately cancel the State Bonds.
The Legislature passed an Act carrying such recommenda-
tion. into effect. The Sinking Fund Commission was cre-
ated, thereby, and now has on hand from the sources
referred to, including April 1st payments of interest from
banks, which is estimated at the sum of $140,359.16 in
both securities and cash; It will be seen that within about
six years these accumulations will be sufficient to liqui-
date and retire in full the bonded indebtedness of the
State.
We are fortunate in that we are not heavily bonded, and
to my mind that provision of the Constitution which pro-
hibits the bonding of the State, except for very extraor-
dinary purposes, such as invasion in time of war, etc., is a
very salutary one.
While the State is measurably free from bonded indebt-
edness, I cannot say as much for the individual counties
of the State. There are, no doubt, times when counties
and municipalities find it necessary to issue long time
obligations. There are, no doubt, worthy purposes in the
way of improvements demanded by the people requiring
such expenditures. I believe, however, that there is too
great a tendency on the part of our people to recklessly
incur heavy obligations, which the coming generation must
somehow pay off. Some of our municipalities and coun-
ties, and especially some of the school and road districts
of many of the counties, have incurred heavy bonded
40
indebtedness which will, I fear, embarrass them in the
future. It would seem that an improvement which has
merit enough to warrant the issuance of bonds for its
building should be of a permanent nature, the life of
which certainly should last as long as the life of the
bonds which provided funds for its construction. I feel
that the time has come when we should adopt measures and
policies looking toward the discouragement of the issuance
of long time securities, rather than their encouragement.
STATE INSTITUTIONS
It is a source of great satisfaction to be able to report no
deficit at any of the State Institutions. So far as it has
been possible to do so the Board of Commissioners of State
Institutions have done the necessary construction of build-
ings and purchases of equipment authorized by the Legis-
lature of 1921. Such construction at each of the institu-
tions where authorized has been held strictly within the
appropriations. In fact, in many cases there was a sur-
plus left over from the purchase of equipment and from
the construction programs which reverted, by operation of
law, to the General Revenue Fund. The maintenance of
the several institutions has been handled in the same busi-
ness-like way. When the Legislature met in 1921 they
were confronted with a deficit of $177,623.20 at the State
Hospital for the Insane. They were met with a deficit of
$41,784.52 at the Industrial School for Boys. It is a source
of satisfaction and I am sure you are pleased in knowing
that there are no deficits whatever at these or. any other
institutions supported by the State. By reference to the
Budget, which has been prepared and a copy of which
will be placed in the hands of the individual members of
the Legislature, it will be seen that these institutions can
be maintained for the next bi-ennium without any in-
creased appropriations, except reasonable increases at the
institutions of higher learning. Where the appropriation
strictly for maintenance is based upon a per capital basis,
the total will show some small increases owing only to the
increased number of people to be cared for by the State.
The individual per capital appropriation, however, has not
been increased.
41
TAXATION AND ECONOMY IN EXPENDITURES
The people of Florida are in the anomalous position of
demanding more and more of government each year and
at the same time demanding less taxes. With advancing
civilization we can hardly hope for the things which go
with it requiring heavy expenditures, and at the same
time pay less in taxes for them. It would be futile to
submit a comparison of statistics showing the increase
from year to year for the last twenty years in public ex-
penditures for the various governmental purposes. You
are familiar with them. The people of the State are de-
manding, and justly so, good schools and commodious
school buildings. They are likewise demanding good
roads. They are calling for better and more efficient gov-
ernmental machinery for the dispatch of the people's
business, and they are more disposed than ever before to
pay those in the public service, whether it be official or
employee, more adequate salaries; all of which requires a
constant increase of revenues. While the Legislature, list-
ening to the demands of the people, make provision for
these things, when it comes to paying for them there is
an outcry all over the State against the increase of taxes.
Let us put the responsibility where much of it belongs.
The people, themselves, as well as the press, who are de-
manding a reduction of taxes, seem to point their finger
at the State Government and demand that such reduction
be made by the State. They are losing sight of and failing
to note the source from whence comes the main burden
of taxation. The village for State purposes has not
during the present administration been increased, but on
the contrary, it has been decreased. Less than one-fifth
of the money which the people pay for taxes finds its way
into the State Treasury. All of the taxes paid to the
municipalities remain in such municipality, and the peo-
ple themselves determine what amount they shall pay,
and of such sums paid to the municipalities the State does
not share and has no control. On an average nearly four-
fifths of the State and County taxes is left in the several
counties, and the people of each county determine for
themselves how much they wish to pay for county purposes.
The average man has not stopped to consider what a small
part of his taxes really goes for State purposes. If the
people of given counties demand reduction in taxes, let
them look at their own doors for the remedy.
42
While the foregoing is true as regards the division of our
revenues and the sources of power which authorizes their
collection, it is nevertheless true that the obligation rests
upon the State to so regulate the tax laws that the burdens
will be equally distributed. No individual should pay
more proportionately than his neighbor, and no county
should pay more proportionately to the State for State
purposes than her sister county. There is a further obli-
gation on the part of the State to economically administer
those public revenues which it has for administration.
Candidly, I feel that the State Government of Florida is
maintained on a reasonably economical basis. I am some-
what familiar with the governments of the various States
of the Union and I have no hesitancy in saying that there
is no State in the Union whose State Government is more
economically administered than the State of Florida. The
whole question resolves itself into a proper equalization
and a fair distribution of the tax burden. How this shall
be accomplished, what measures may be provided by your
body, looking to this end, is of chief concern. There are
millions of property values in Florida escaping taxation
entirely. There are other hundreds of millions of property
values now on the assessment roll at a mere fraction of
its value.
We must find some plan for bringing all the property
liable for taxation upon the tax rolls and that at some
reasonable value.
Every taxpayer should be required to make a complete
tax return, and penalties for failure to do so should be
provided.
A competent central authority, such for instance as we
now have in our State Tax Equalizer Law, should be main-
tained and vested with plenary power, looking toward an
equitable adjustment of the tax burdens as between coun-
ties.
A thorough re-valuation of the property of each county,
under local agencies of each county who are familiar with
values, and subject to the advice and direction of the State
Equalizer, should be had. No tax assessor is really assess-
ing taxes when he simply copies the roll for the preceding
year.
A Constitutional Amendment looking towards a classi-
fication of property for taxation purposes should be sub-
mitted.
43
LEGISLATIVE APPORTIONMENT
The Constitution of the State fixes the maximum num-
ber of membership in the House of Representatives at 68
and the Senate at 32. The present Legislature has 32
Senators and 84 members of the House. Since the adop-
tion of the Constitution in 1885 a large number of counties
have been created. By virtue of a Constitutional pro-
vision each newly created county was given one Represen-
tative in the House, and' in each case was included in the
same Senatorial District of which it was before creation
a part. The effect has been, we have a Legislature with
a House membership far in excess of the maximum num-
ber allowed by the Constitution. When the Constitution
was adopted thirty-eight years ago most of the population
of the State and by far the larger developments were in
North and West Florida. It was but natural that the sec-
tions then most populous would receive the largest repre-
sentation in the Legislature. Framers of the Constitution,
however, looking down the years, appreciated the fact that
some sections would develop more rapidly than others, and
a spirit of fairness and equity would therefore require a
constant reapportionment of Legislative membership.
With this idea in view, the Constitution provided that
there should be a reapportionment in the Legislature of
1887 and each and every ten (10) years thereafter. The
Legislatures which have met in the past have failed to
heed the provision of the Constitution in this respect. And,
as a result, there are many counties and sections in the
State which have not their equitable share of representa-
tion in the law-making body.
We now have sixty-one counties. The last Legislature
created seven new counties and, of course, we do not know
how many the present session of the Legislature may cre-
ate. But with a maximum limit now fixed in the Constitu-
tion of sixty-eight members for the House and with the
number of counties now nearly as many as sixty-eight,
and as it is only a question of a few years before the num-
ber of counties will exceed sixty-eight, I do not believe it
practical to bring about a reapportionment under the
present Constitution. An amendment to the Constitution
is clearly necessary. In justice to all sections of Florida,
I wish to recommend a submission to the people for their
ratification a Constitutional amendment which will provide
for a just and equitable apportionment of Legislative rep-
44
presentation for each and every section of the State. If you
find it possible to reapportion within the limits of the
present Constitution, I shall be very happy if you will do
so, but when you have carefully studied the question I am
sure you will be forced to the conclusion that a Constitu-
tional Amendment is essential.
AGRICULTURE AND LIVESTOCK
Agriculture, in all of its branches, including horticul-
ture, trucking, etc., constitutes the basic industry in Flor-
ida. Money economically expended for the encouragement
of agriculture and in the protection and development of
live stock, will produce substantial dividends for the State.
We have, through the legitimate use of public funds,
with the aid of scientific discoveries, practically eliminated
cholera from hogs and tuberculosis from cattle. It re-
quired the expenditure of money both on the part of the
National Government and of the States as well. No one
can deny that sums thus expended were wisely used. We
have eradicated citrus canker from the citrus groves of
Florida; we are making investigations and experiments
regarding all of the various farm crops which, no doubt,
will mean great improvement to the agricultural interests
of the State, the State Plant Board and the experiment
station at the University of Florida, largely taking the
lead in these investigations and in this important work.
The Budget which will be submitted carries the recom-
mendation for substantial appropriation for these agen-
cies which have particularly in view the development of
our agricultural interests. I want to bespeak for them
your sympathetic interest and support of -the appropria-
tions thus recommended. I would also suggest some
measure for the protection of our people against any dealer
or commission man who would deal dishonestly with the
shippers. I also bespeak your support and maintenance
of the State Marketing Bureau, which agency, I believe,
is of much benefit to the people of Florida.
TICK ERADICATION
The cattle industry of Florida is worth a great deal to
the State. It is worth enough that the State ought to adopt
those measures which mean its preservation and the open-
ing up of markets. Perhaps there was a time when people
45
might question the propriety of tick eradication. I think
now that very few well-informed men would be so bold as
to say that it is not a good thing. It is not my purpose to
discuss the merits of the question. I regard that as long
since settled. We are now face to face with a very practical
situation. Systematic tick eradication has progressed in
a very satisfactory manner in all of the States about us,
and quarantines protecting the recovered areas are in
effect. The result is that we are unable to ship cattle from
Florida to any great extent, but to very few points in the
country. The markets are practically closed to us, all
because we have not wholeheartedly prosecuted the work
of systematic tick eradication. As a rule the people resent
innovations. Great constructive measures in government
have come slowly and only after bitter fights, but a policy
that is backed by merit will eventually win. This observa-
tion strictly applies to tick eradication. What is the use
of Florida to delay longer in systematic tick eradication
work? It is shortsightedness on our part and a ruinous
policy for a great industry. I trust that the Legislature
will pass an effective measure at this session with an ade-
quate appropriation for its enforcement, having for its
purpose the eradication of cattle fever tick.
THE STATE ROAD DEPARTMENT
We can, with profit, consider briefly the history of the
organization of this department and the several Acts of
the Legislature under which it has operated.
The department was created by the Legislature of 1915;
its chief duty was to employ a competent road builder and
assistants and to collect data as to the best methods of road
building. The Act provided that competent road builders
(we now call them Highway Engineers) should be sent into
the various counties to advise and assist them in the road
work. No provision was made for any road building di-
rect. The primary object in creating the department was
to furnish means by which the State might obtain the bene-
fit of the knowledge and services of competent road build-
ers, and so originated what we may term the educational
feature of the Road Department.
The first Federal Aid Act was passed by Congress in
1916 and the Florida Legislature of 1917 enlarged the pow-
ers of the department and increased its resources in order
46
that we might be able to meet Federal Aid and thus secure
the benefit of the National funds allotted to this State.
In 1919 and again in 1921 the Legislature passed laws
affecting the department and increasing its resources for
road construction. The authority and means to build
roads directly by the department was given by the Act of
1917, but in this Act and in the several laws subsequently
passed what we term the educational feature of the de-
partment was continued. It is still the duty of the depart-
ment to collect data and to advise and assist the counties in
their road work. The department now being engaged in
road construction and still retaining its educational fea-
ture, it may be said that its relation to road work is that
of an educator by precept and example.
This service has been worth while. The engineers of the
department are familiar with the science of road building.
They know how to locate the road, to give it the proper
alignment and drainage. They study the various methods
of paving, and their study of this and paving materials
goes on continuously and many of the problems which for-
merly perplexed us have been solved.
The State Road Department may be said to be a central
agency gathering knowledge of the science of road building
which it in turn passes to the local authorities. The coun-
ties have generally been glad to avail themselves of this ad-
vice and assistance, and it can truthfully be 'said that this
department has been a large factor in raising the standard
for road construction and stopping much of the waste of
public funds which so generally prevailed at the time of
the creation of this department.
Under Acts of Congress a large amount of equipment
of all kinds useful in road building which the National
Government accumulated during the War has been dis-
tributed to the States. This equipment is sent to the
Highway Departments, as the National Government deals
in road matters only with the State Road Departments. A
large part of this equipment received by Florida has been
distributed to the counties as an aid in road work.
With the passage of the Act in 1917 giving power to
build roads, the department has construed, and rightfully
so, that the first duty should be to build a system of State
roads. The Road Department is a State Institution, and it
is entirely logical to provide that this State Institution
spending money contributed by all parts of the State
should first build and maintain those roads which were
47
planned and laid out so as to serve the whole State. The
building of our roads was not to be controlled by districts,
counties or local communities, but to be located and built
as State properties, designed to best accommodate and
promote the best interests and welfare of the people of the
whole State. The Road Department has done well in its
work and should receive the support of this Legislature.
It was a great constructive service which was undertaken
in its creation. It had its experimental stages to live
through. It had to contend with various local interests,
with strong pressure brought to bear upon it from nearly
every locality in the State. This preliminary work and
the mistakes incident to its first years of service are largely
a matter of history. The department is now well organ-
ized with competent road building forces in the field, and
is doing splendid work. Shall we go back to the old county
system and attempt to do that impossible thing of building
a good road that leads from every man's home to the near-
est town, or shall we build a practicable system of roads
that can be_ built with the means at hand and which will
serve the largest possible number of people? Can it be
possible that any one would favor going backward and
leave the great problem of road building entirely in the
hands of the county and district officials? Let us always-
keep in mind that it is impossible to build at once all the'
roads that all the people are demanding. The best the-
State can do is to lay out and build and sometimes aid the-
counties in building a comparative number of roads that
will serve the largest number of people. The best the!
counties can safely attempt is to lay out and build county
systems that will serve the largest possible number of peo-
ple in the county. The hope of a connective system of
roads in Florida lies with the State Road Department and
the realization of that hope depends upon the measure of
support accorded this department by the people of the
State.
I would recommend that the Road Department be main-
tained and no changes whatever be made in its organiza-
tion. Such a change, if one should be contemplated, would
simply mean starting largely from the ground again.
I would further recommend that the revenues of the
department be secured-
First, through the automobile license law as it now ex-
ists, with such minor changes as may make for its equitable-
administration;
48
Second, by levying a largely increased tax on all gasoline
sold within the State, making careful provision in the law
insuring the payment of such sum on all of the gasoline
sold. Heretofore much of it has escaped the Ic per gallon
tax now in effect.
Third, the acceptance by the State of such sums as may
be allotted to it by the National Government, through the
Federal Bureau of Public Roads.
Incidental measures of your body should include an Act
of eminent domain giving the State Road Department au-
thority to condemn rights of way and also lands upon
"which road building material may be found and needed for
road construction; measures looking toward the policing
and protection of State roads from trespass; measures 'au-
thorizing the adoption of a budget or schedule of work.
Also, an Act should be passed authorizing the State Road
Department to adopt rules and regulations controlling
traffic on State highways. Also, an Act giving the Rail-
road Commission authority to regulate truck companies
using the public highways, and securing from such com-
panies proper compensation for the use of such highways.
There are, no doubt, other incidental measures which will
occur to you and which should receive your consideration.
The above, however, are those -which appear to me of vital
interest and importance.
In view of the possibility that some years will elapse
before the State Road Department can expect to extend
its construction program into every county in the State,
some policy should be developed which would enable each
,county to benefit from its services and expenditures. The
experience of other States has emphasized the necessity
of State maintenance of the trunk lines and also inter-
county highways, thus insuring uniformity in the class of
maintenance provided and also insuring to each county
benefits from the activities of the State Road Department.
This policy can be maintained if you will provide for the
payment of a largely increased tax on gasoline and not
dissipate any portion of it by taking it from the depart-
ment. I believe that the revenues to be derived from the
sources referred to herein should be used exclusively for
the department and that the 1 mill tax now levied for road
purposes by the State should be discontinued. If the pol-
icy of maintenance is provided for it will be of very great
benefit to the individual counties, and if you will take from
off these counties the 1 mill levied for State Road purposes
49
there will be such further financial benefit coming to them
that they can well afford to release all demands whatever
upon any part of the funds which may be derived from
the sources of revenue enumerated above. Let me say now
that Florida will never have a well-connected system of
public roads if you attempt to localize their building and
do not make full provision for the necessary revenues
which the State Department must have in its work.
PRIMARY ELECTION LAW
When the present Primary election law was adopted I
thought of it as a constructive measure. It seemed to me
any means whereby a second primary could be eliminated
necessarily had much merit. If the elector could register
his second choice vote at the same time that he voted his
first choice, then it meant the elimination of a second pri-
mary with its incident turmoil and expense.
I have stood in the past for the integrity of the measure
against the assaults which have been made upon it at each
session of the Legislature since its adoption. I have had
opportunity during the years in which it has been tried
to observe and study its practical operation, and against
my inclination I have been forced to the conclusion that
those provisions of the law affecting second choice voting
are a practical failure. The law has been in operation for
ten years. We have held five primary elections under it.
We have given it a fair trial. It has not been satisfactory.
The people of the State in large numbers are not voting a
second choice ballot. I question if there were any large
number, relatively, of voters who voted a second choice
at the election of 1922 than there were under the law in
1914. It is hard to eradicate the idea rather prevalent that
one voting for second choice may have the effect of nullify-
ing his vote for first choice. Besides this, the average voter
when the election is held is not thinking or caring at that
particular time about a second choice candidate. They are
absorbed only with their first choice. This state of mind
causes the voter not to utilize the opportunity of indicating
a second choice preference.
Another feature that we have been unable to overcome is
the seeming impossibility of properly counting the second
choice votes. The law is generally not understood by the
inspectors in the various election precincts. Neither do
they generally understand the forms, simple though they
50
may be, which must be used in recording the second choice
votes. We are therefore confronted with the situation of
an improper tally in a great many cases. These two prac-
tical situations we have been unable to overcome. As a re-
sult, primary nominees have in many cases obtained their
nomination, not by a majority vote of the people, but by a
plurality vote. I would suggest and recommend that the
primary election law be so amended permitting and re-
quiring a second primary election for those candidates who
have not obtained a majority vote in the first election.
CONSERVATION OF NATURAL RESOURCES
There is no more important question confronting the
people of this country than the conservation of our natural
resources. No State in the Union should be more interested
in this subject than Florida. In marketing the products
of our industries and in the necessary development of
building projects, a great deal of crate material and tim-
bers for various purposes are required. The available
supply is being rapidly depleted. What steps are being
taken looking toward a future supply? We should co-
operate with the National Government in every possible
way in its forestry program. We should protect the for-
ests against fires by adequate and effective laws. We
should eliminate the boxing and destruction of very small
trees. And, we should adopt some measures looking to-
ward the encouragement of reforestation over vast tracts
of cut-over lands.
There is another phase of natural resource conservation
which should receive your attention. I refer to our fresh
water fish and game. Florida is unusually blessed with an
abundance of fish and game, but unless provision is made
for its proper use and conservation it is only a question
of a few years before the supply will be very greatly re-
duced. It is one of the State's greatest assets. Thousands
of people come to Florida every year to enjoy hunting and
fishing. Our own people are true sportsmen and likewise
enjoy the sport. Naturally, its conservation should de-
mand the serious consideration of the Legislature. I rec-
ommend the creation of a department for the conserva-
tion of fresh water fish and game. This department should
have at its head upon an adequate salary a Commissioner
with the power to select county game wardens in the vari-
ous counties of the State. A nominal license for hunting
51
and fishing paid by all who indulge in the sport would not
only make the department self-sustaining, but would be a
substantial source of revenue to the State. The fish and
game should be considered the property of all the people,
and there is no reason why its exploitation should not bring
into the State substantial revenues over and above the
amount necessary to adequately maintain the department.
To the solution of this very necessary problem I invite
your careful consideration.
EDUCATION AND SOCIAL LEGISLATION
The education of the youths of the State is of that im-
portance that the framers of our Constitution have created
a Constitutional department of our State Government and
made provision for the election of a State Superintendent
to preside over that department. Education is of primary
importance because it has to do with the making of the
citizenship of the future. The time has passed when it is
necessary to argue the importance of making provision
for the maintenance of our common schools and for the
support of our institutions of higher learning. The peo-
ple in Florida are willing, indeed, to support our schools
and have so expressed themselves on all occasions. At the
last election a Constitutional amendment was overwhelm-
ingly adopted authorizing sub-school districts to raise their
maximum millage from three to ten mills. While the State
may not appropriate directly for the support of the com-
mon schools you will, no doubt, have to do with the meas-
ures which affect the common schools. I believe that we
can not too strongly insist upon a sane, sensible policy of
school administration, having for its purpose the securing
of one dollar's worth of service for every dollar expended
Neither can we insist too strongly upon those measures
which have for their purpose the requiring necessary prep-
aration on the part of school officials, including teachers,
who must administer our school laws and teach our chil-
dren. The Institutions of Higher Learning in Florida
are a credit to the State. The budget which will be sub-
mitted proposes substantial increases in the .appropria-
tion made necessary by the large increase in student body.
I hope that you will be willing to make the necessary ap-
propriations for their maintenance.
52
PRISON MANAGEMENT
In the main I believe the system for the care and work-
ing of convicts in Florida is as good as can be devised. All
of the grade number one convicts are worked upon the pub-
lic roads under the State Road Department, except the law
permits thirty-five to be retained at the Prison Farm. The
grade number two convicts are also permitted to be worked
on the public roads under the certificate of Prison Physi-
cians certifying their physical ability to perform such man-
ual labor. All of the physically deficient and the women
convicts are retained at the State Prison Farm at Raiford.
When one has been convicted of crime he has forfeited
his liberty and his time belongs to the State. It logically
follows that his time should be utilized in some line of work
supervised and carried on by the State. The majority of
the convicts now used upon our public roads are doing good
work and their services are profitable. Those convicts who
are adjudged guilty of misdemeanors, various petty of-
fenses and for which they can not be sent to the State
Prison, are referred to as county convicts. Several years
ago the Legislature abolished the private lease of State
convicts, but the law did not abolish the private lease of
county convicts. I recommend that the private lease of
county convicts be abolished. In doing so, however, you
should take into account many small counties which do not
have sufficient convicts of their own to organize road work-
ing forces. I believe that such counties should be per-
mitted to deliver their convicts to other counties which are
doing road work, or to the State Road Department, but in
no case should they be permitted to lease them to private
individuals.
I have since my inauguration as Governor made diligent
effort to relieve the State of the large expense and heavy
deficits which were year after year incurred at the State
Prison Farm. I have under authority given by the Legis-
lature of 1921, taken about one hundred and fifty (150)
convicts away from the Farm and put them on the public
roads. In doing so I fixed the prison population at the
Farm at a' maximum of three hundred and fifty (350).
This is about as low as it can be practically reduced, when
we consider that there are about seventy-five women and a
great many maimed, old and decrepit men, and many oth-
ers physically unable to work successfully upon the public
roads. The State owns at the Farm nearly eighteen thou-
53
sand acres of land and the Board of Commissioners of
State Institutions have been gradually utilizing these lands
for stock raising. We now have more than a thousand
head of cattle and a large number of other live stock. A
policy of economy has been adopted and we have been able
to show a reduced expenditure at the Farm and at the same
time an increased income from sales of Farm products.
There has been a gradual reduction of expenses with an
appreciable increase of income, and we are gradually work-
ing to that point where the farm will be self-sustaining.
There will be submitted to the Legislature a list of par-
dons which have been granted by the Board of Pardons
In this connection I wish to say that the Pardon Board
under the Constitution is a Board of Clemency and that
thought has been in the minds of the members of the
Board and actuated its policy. Considering the number
of prisoners in the State no large number of pardons has
been granted. Those which have received favorable con-
sideration have usually been men who have performed long
service, ofttimes broken in health and whose application
has been in a great many cases endorsed by officials, includ-
ing the State's Attorneys who prosecuted and the Judges
who tried them.
LOCAL BILLS
In my message to the Legislature of 1921 I made certain
recommendations regarding local legislation. I quote from
that document:
"Before the Legislature has any right to pass
any bill, local in nature, it is required by the Con-
stitution that notice of the introduction of the
measure should be published in the county af-
fected by such bill, for sixty days before its intro-
duction. This plain provision of the Constitu-
tion is quite often ignored. If the Journals of the
Legislature fail to show the publication of such
notice, our Courts, in the absence of an affrma-
tive showing, indulge the presumption that such
notice was given as required. The effect of this
construction of the law has been that each session
of the Legislature is flooded with local bills, and
practically no consideration can be given to them
by the Legislature. As is well known, they are
54
passed as a matter of course, sponsored and un-
derstood only by the member of the Legislature
of the county affected by them. This practice
has grown to such an extent that it has become
a real menace. Not only does it require a great
deal of the time of the Legislature, but ofttimes
legislation not local in nature is hurried through
the session without that due consideration which
the questions involved justly deserve. Apart from
the above suggestions, the people in each commu-
nity are entitled to be advised in advance of the
nature of the local bill which will be introduced in
the Legislature. There is no way for a practical
handling of this question except through an
amendment to the Constitution.
"I recommend an amendment to the Constitu-
tion requiring the publication of notice of all local
measures, before their introduction, of at least
thirty days. It would seem that thirty days in-
stead of sixty days, as is now required, would be
sufficient. But the publication of such notice with
certified copy thereof, should be spread upon the
Journals of each branch of the Legislature. In
other words, the Legislative Journals themselves
should be required to show affirmatively that the
required notice was given. If affirmative evi-
dence of the publication of notice is required to
be spread on the Journals, we will have a cure for
the dangerous practice now prevailing."
I wish to reaffirm what I said at that time and I hope
the Legislature may find some method of dealing with this
situation. The plan which I have suggested, I think, is a
feasible one.
CO-ORDINATION OF DEPARTMENTS
That State is best governed which has generally re-
frained from indiscriminate creation of commissions. The
Constitution in creating the different departments of the
State Government placed at the head of each department a
Constitutional officer and made provision for his election
by the vote of the people. It was clearly contemplated
that the various activities of our Government should
55
largely be placed under Cabinet Officers. There is nothing
in the argument so often advanced that Cabinet Officers
are too busy to give attention to the various matters that
are placed under their charge. They are at the seat of
the State Government all of the time ready and accessible
for frequent meetings and conferences. The Cabinet mem-
bers are advised as to the various needs of the State and
therefore, can conduct the different phases of the State
Government in harmony. Whereas, outside commissions
only too often arrogate to themselves the authority of car-
ing for the particular matters under their charge inde-
pendent of the other departments of the State and without
knowledge as to what may be the requirements of the State
in departments other than their own. The creation of out-
side commissions not only makes for inefficiency but for
extravagance in expenditures.
In scanning the messages to the Legislatures by the
various Governors in their respective states, I am impressed
with the unanimity of thought along this line. The tend-
ency in all of the States is to concentrate and co-ordinate
departments, using as few agencies for this purpose as
possible. Should you find it desirable to create commis-
sions looking toward the expenditure of public funds for
any governmental activity in the State, I hope you will let
your creations be carved from out the Cabinet Member-
ship. In making this recommendation I have in mind, of
course, those agencies which deal with public funds as
distinguished from those of the professions or businesses
which are organized for the promotion of ethical stand-
ards and affecting only such profession or business.
BUDGET
Upon my recommendation the Legislature of 1921
adopted the budget law, creating a Budget Commission
composed of the Governor, the Comptroller and the State
Treasurer. This was very needed legislation and will, I
am sure, have a wholesome effect upon the economical
handling of public expenditures. The Commission at the
expense of much time and thought has prepared a Budget
for the various departments of the State Government and
they will submit to you promptly their report. I shall not
at this time discuss it, but will do so under a special mes-
sage which will be submitted by the Commission at the
time the Budget is referred to you.
56
LEGAL ADMINISTRATION
There are seventeen (17) Circuit Judges in Florida. I
called them into conference at Tallahassee on the fourth of
last November and requested that they make recommenda-
tions to the Legislature looking toward reform of our pro-
cedure, both in the civil and criminal jurisdictions. The
judges were good enough to enter heartily into the spirit
of the conference and, growing out of their deliberations,
certain recommendations were made for submission to the
Legislature. I attach hereto copy of such recommenda-
tions and wish to call your attention to them. Especially,
would I emphasize the need for change in method for
securing juries as recommended by the Judges; also for
the abolition of unanimous verdicts. The recommendations
of the Judges have much merit, and I bespeak for them
your earnest consideration.
CONCLUSION
Some oi the Legislatures of the past have apparently
acted on the theory that they could best make a creditable
record by the enactment of a multiplicity of laws. I am
sure the people have the conviction, in which I share, that
enactment of fewer laws, but with more consideration of
the value of such measures in dealing with specific prob-
lems, would be of much greater value. I wish to urge
therefore, that such measures as you may consider and pass
shall be of that character only needed for the advancement
of the higher interest of the State. I shill not, during my
administration as Governor, neither will you as Legis-
lators, be able to achieve the impossible, or all of the possi-
ble; but we should endeavor, day by day, to do the day's
work. Thus may we hope to execute, with reasonable
satisfaction, the high and responsible obligations which we
have assumed.
Following the Governor's address-
Senator MacWilliams moved that the Joint Session now
arise and the Senate retire to its Chamber.
Which was agreed to.
The House thereupon resumed its deliberations.
57
Mr. Williams, of Leon, moved that the message of the
Governor be spread upon the House Journal.
Which was agreed to.
The following announcement was read:
ANNOUNCEMENT
The Annual Convention of County Commissioners of
Florida now in session at Tallahassee respectfully invites
the members of the House and their families and friends
to meet in front of the Elks' Club at 3 o'clock this after-
noon, where they will be taken by automobile to Lake
lamonia and there treated to a fish fry as guests of the
convention. A full attendance is urged.
Representatives,
A. H. WILLIAMS
FRED. H. DAVIS,
Of Leon.
INTRODUCTION OF RESOLUTIONS.
By Mr. Davis of Leon-
House Resolution No. 9:
Be it Resolved by the House, That the Sergeant-at-Arms
provide the House with distilled drinking water and sani-
tary cups; that he cause to be equipped each desk in the
House with a suitable hook on which the member occupying
the desk may hang his hat; that he provide the Chief Clerk
with a suitable burglar proof safety locker in which to keep
his records, and a filing cabinet for the Speaker, said locker
and cabinet to be purchased and paid for as permanent
property of the House, and that the expense of carrying
out this resolution be paid as other legislative expenses are
paid, on approval of the legislative expense committee.
Which was read.
Mr. Davis moved the adoption of the Resolution.
Which was agreed to.
By Mr. Taylor of Hillsborough-
House Resolution No. 10:
Resolved, by the House of Representatives, That the
Speaker of the House be, and he is hereby, authorized to
appoint a Journal Mail Clerk and assistant, to serve for
58
the session of 1923, for the purpose of mailing out the
House Journals daily. Be it further
Resolved, That each member of the House be allowed
to furnish .1 list of not more than fifteen names and their
addresses to said Journal Mail Clerk, who shall mail out
copy of the House Journal each morning to said addresses
at the expense of the State. Be it further
Resolved, That the Sergeant-at-Arms have sufficient
number of said Journals printed each day to supply the
demand.
Mr. Taylor moved the adoption of the resolution.
Mr. Weeks moved that the House do now adjourn until
tomorrow morning at 10 o'clock.
Which was not agreed to.
The question then recurred upon the adoption of the
resolution.
Mr. Lake moved that further consideration of the reso-
lution be deferred until tomorrow morning at 10 o'clock.
Which was agreed to.
By unanimous consent-
Mr. Carmichael was excused from further attendance
upon the House for one week.
The Speaker announced that under the provisions- of
House Resolution No. 8, he has appointed Harry A. Jenks
as assistant janitor.
Upon request of Mr. Busto of Monroe, the privileges of
the floor were extended to Braxton M. Warren and Charles
Lowe of Key West.
Upon request of Mr. Williams of Leon, the privileges of
the floor were extended to Hon. S. D. Harris of Pinellas.
Mr. Stokes moved that the House do now adjourn until
tomorrow morning at ten o'clock.
Which was agreed to.
Whereupon at 12:35 p. m. the House stood adjourned
until tomorrow morning at 10 o'clock.
59
Thursday, April 5, 1923
The House was called to order by the Speaker at 10
o'clock a. m.
The roll being called, the following answered to their
names:
Mr. Speaker, Messrs. Acree, Adams, Bell, Bishop, Blud-
worth, Brock, Bryant, Bullard, Busto, Byrd, Carroll, Da-
vis, Dew, Epperson, Ferrell, Fletcher, Geiger, Getzen,
Giles, Gregory, Griffin, Hale, Harper, Harris, Harvell,
Henderson, Hendry, Hinson, Hocker, Jones, Kennerly,
Knowles, Lake, Lewis, Lord, Mahr, Matthews (Alachua),
Matthews (Bradford), Mayo, Mays, Mercer, Merchant,
Milam, Miller, McCall, McClellan, MacKenzie (Lake), Mc-
Kenzie (Putnam), McLeran, McNeil, McRae, Nolte, Ogil-
vie, Parrish, Peiper, Pinholster, Powers, Register, Rivers,
Shear, Shelly, Smith, Stokes, Stuart, Taylor (Highlands),
Taylor (Hillsborough), Tervin, Tillman, Ulmer, Van Roy,
Wade, Weaver, Weeks, Weidling, Wetherington (Hamil-
ton), Whitty, Willard, Williams (Hardee), Williams
(Leon), Witherington (Orange), Witt, Young-83.
A quorum present.
Prayer by the Chaplain.
The Journal of Wednesday, April 4, 1923, was duly
corrected and approved as corrected.
The House resumed consideration of-
House Resolution No. 10:
Resolved, by the House of Representatives, That the
Speaker of the House be, and he is hereby, authorized to
appoint a Journal Mail Clerk and assistant, to serve for
the session of 1923, for the purpose of mailing out the
House Journals daily. Be it further
Resolved, That each member of the House be allowed
to furnish a list of not more than fifteen names and their
addresses to said Journal Mail Clerk, who shall mail out
copy of the House Journal each morning to said addresses
at the expense of the State. Be it further
Resolved, That the Sergeant-at-Arms have sufficient
number of said Journals printed each day to supply the
demand.
60
Which was read in full on yesterday and pending on
the motion of Mr. Taylor (Hillsborough) that the resolu-
tion be adopted.
Mr. Epperson moved that the previous question be now
put.
Which was agreed to.
The question then recurred upon the adoption of the
Resolution.
Roll call being demanded the vote was as follows:
Yeas-Mr. Speaker, Messrs. Acree, Adams, Bell, Bishop,
Bludworth, Busto, Byrd, Carroll, Davis, Dew, Epperson,
Fletcher, Geiger, Getzen, Hendry, Hinson, Hocker, Ken-
nerly, Knowles, Mahr, Matthews (Bradford), Mayo, Milam,
Miller, MacKenzie (Lake), McKenzie (Putnam), McNeill,
McRae, Nolte, Parrish, Peiper, Pinholster, Powers, Reg-
ister, Rivers, Shear, Shelly, Stokes, Stuart, Taylor (High-
lands), Taylor (Hillsborough), Tervin, Ulmer, Van Roy,
Wade, Weidling, Willard, Williams (Hardee), Williams
(Leon), Witt, Young-52
Nays-Messrs. Brock, Bryant, Bullard, Ferrell, Giles,
Gregory, Griffin, Harris, Harvell, Henderson, Jones, Lake,
Lewis, Lord, Matthews (Alachua), Mays, Mercer, Mer-
chant, McCall, McClellan, McLeran, Ogilvie, Smith,
Tillman, Weaver, Weeks, Wetherington (Hamilton), Whit-
ty, Witherington (Orange)-28.
So the Resolution was adopted.
REPORTS OF COMMITTEES.
The following committee report was received:
Tallahassee, Fla., April 4, 1923.
Hon. L. D. Edge,
Speaker of the House of Representatives.
Sir :
Your select committee appointed to examine into the
qualifications of and select qualified persons as House
stenographers and typists for use during the present ses-
sion, begs leave to report that we have discharged the duty
imposed upon us, and that after having given all appli.
61
cants for stenographer and typist a thorough examination
into their qualifications as stenographer or typist respec-
tively beg leave to report that we find the following named
applicants to be fully qualified as stenographers, namely:
Mr. C. A. Roundtree,
Miss Corrie Lowe,
Miss Mary C. Moody,
Mrs. Florence M. Epperson.
Miss Minnie McCord,
Mrs. J. H. Harvell,
Mrs. J. M. Harris,
Miss Mae Cumba,
Mrs. Barrington King,
Mrs. C. G. McCormick,
Mrs. Nell D. Ragsdale,
Mrs. Sinclair Wells.
Mrs. John E. Downing,
Mrs. L. T. Lanier.
We recommend that the foregoing be forthwith em-
ployed as .permanent stenographers for the House of Rep-
resentatives at the compensation of $6.00 per day for the
session, said stenographers to begin work immediately.
Second. We further beg leave to report that in ad-
dition to examinations of persons making application for
stenographers we have examined a number of applicants
for the position of typist, and that after having made a
thorough examination we respectfully report that we find
the results of such examinations to be as follows:
Those making grade of "A":
Mrs. N. S. Ong,
Mrs. Emma T. McDougall,
Miss Annie Fitzpatrick,
Mrs. L. W. Seabrook,
Mrs. R. Y. Walden, Jr.,
Miss Augusta DeMilly,
Miss Laura Mae Wells,
Mrs. R. H. Mickler,
Mrs. L. E. Merriam,
Mrs. Russell T. Mickler,
Mr. C. A. Landrum.
62
Those making a grade of "B":
Mrs. Frank Webb,
Miss Inez Newman,
Mrs. Newell W. Martin,
Mrs. J. H. Pledger.
(Those making a grade below "B" not reported.)
And we respectfully recommend that as the work in-
creases in the House of Representatives during this session
and it becomes necessary to employ additional help in the
Engrossing and Enrolling rooms that such additional help
be selected from the foregoing list of persons found quali-
fied to be expert typists, although not stenographers until
such list is exhausted, selections to be made at the discre-
tion of the Engrossing and Enrolling Committees from
said list.
Third. We recommend that until such time as the work
of the House makes it necessary to e-nploy typists that
two of the House stenographers named within be detailed
to the Engrossing Committee and two to the Enrolling
Committee.
Respectfully submitted,
A. Y. MILAM,
Chairman of Committee.
FRED. H. DAVIS.
NATHAN MAYO.
Mr. Milam moved that the report of the special commit-
tee be referred to the Committee on Legislative Expense.
Which was agreed to.
INTRODUCTION OF RESOLUTIONS.
By Mr. Jones, of Nassau-
House Resolution No. 11:
Be it Resolved by the House, That the Speaker shall
appoint one additional page in the House, to assist in tak-
ing care of the work of the House during the remainder
of the session.
Which was read.
Mr. Jones moved the adoption of the Resolution.
Which was not agreed to.
The Speaker pro tem. in the Chair.
63
By Mr. Williams, of Leon-
House Resolution No. 12:
Resolved, by the House of Representatives of the Legis-
lature of the State of Florida, That all Resolutions shall
be introduced in duplicate, and that all Bills introduced
shall, in addition to being in duplicate, as provided by the
Rules of the House, be accompanied by two slips containing
the title of such Bill.
Which was read.
Mr. Williams (Leon) moved the adoption of the Resolu-
tion.
Which was agreed to.
By Mr. Tillman (Alachua)-
House Resolution No. 13:
Be it Resolved by the House of Representatives, That
the Messenger, J. N. Rodgers, be and hereby is authorized
to sign for all registered mail addressed to the members of
the House of Representatives and deliver such registered
mail to said members during the 1923 session of the Florida
Legislature, taking in receipt therefore the signature of
said members.
Which was read.
Mr. Tillman moved the adoption of the Resolution.
Which was agreed to.
Mr. Davis moved that further time be granted the spe-
cial committee to investigate and report upon the Memo-
rial from the State of North Dakota.
Which was agreed to.
INTRODUCTION OF BILLS.
By Mr. Lewis of Jackson County (by unanimous con-
sent)-
House Bill No. 1:
A Bill to be entitled an Act authorizing special tax
school districts to increase the millage of district taxes for
school purposes to not exceeding ten mills on the dollar, in
the assessment of 1923, and thereafter, and to provide a
method for determining and fixing the amount of such
village by petition and election.
Which was read the first time by its title.
64
Mr. Lewis moved that the rules be waived and that
House Bill No. 1 be read a second time in full.
Which was agreed to by a two-thirds vote.
And House Bill No. 1 was read a second time in full.
Mr. Miller of Duval offered the following amendment to
House Bill No. 1:
At the end of Section 1 add the following:
"Provided, that in special tax school districts located
wholly or partly in cities of twenty-five thousand popula-
tion or more, according to the last Federal or State census
(the last taken to govern), the said petition may be dis-
pensed with and the election for the increase of millage
for the purposes herein stated, may be initiated by the
Board of Public Instruction of said county or by the Trus--
tees of said special tax district, or by both bodies."
Mr. Miller moved the adoption of the amendment.
Mr. Matthews, of Bradford, offered the following sub-
stitute for the amendment to House Bill No. 1:
In Section 1, line 6, strike out all after the word "there-
after.
Mr. Matthews (Bradford) moved the adoption of the
substitute for the amendment.
Mr. Matthews (Bradford) moved that the bill, with the
amendment and substitute therefore, be referred to the
Committee on Education.
Which was agreed to.
MESSAGE FROM THE GOVERNOR,
The following Message from the Governor was received:
STATE OF FLORIDA,
EXECUTIVE CHAMBER.
Tallahassee, Fla., April 5, 1923.
Gentlemen of the Legislature:
In pursuance of the requirement of Section 11 of Ar-
ticle IV of the State Constitution, I have the honor to
transmit herewith a report covering, "every case of fine or
forfeiture remitted, or reprieve, pardon or commutation
granted, stating the name of the convict, the crime for
65
which he was convicted, the sentence, its date, and the date
of its remission, commutation, pardon or reprieve," since
the beginning of the regular session of the Legislature of
1921.
CARY A. HARDEE,
Governor.
Edwin Miller; crime, unlawfully riding on train; sen-
tence, 5 months county jail; date sentence, March term,
1921; date pardon, etc., conditional pardon, 5-28-21.
Harry Morris; crime, unlawfully riding on train; sen-
tence, 5 months county jail; date sentence, March term,
1921; date pardon, etc., conditional pardon, 5-28-21.
Mitchell Quinn; crime, unlawfully riding on train; sen-
tence, 5 months county jail; date sentence, March term,
1921; date pardon, etc., conditional pardon, 5-28-21.
Robt. F. Bertling; crime, obtaining money under false
pretenses; sentence, 4 years state prison; date sentence,
May term, 1918; date pardon, etc., conditional pardon,
7-22-21.
Thos. B. Bennett; crime, bank robbery; sentence, 15
years state prison; date sentence, spring term, 1907; date
pardon, etc., conditional pardon, 7-22-21.
Ramsey Carter; crime, breaking and entering; sentence,
5 years state prison; date sentence, spring term, 1921; date
pardon, etc., conditional pardon, 7-22-21.
Ed Caro; crime, murder and carrying concealed wea-
pons; sentence, 8 years state prison; date sentence, Febru-
ary term, 1917; date pardon, etc., conditional pardon,
7-22-21.
H. J. Capp; crime, assault with intent to commit mur-
der; sentence, 2 years state prison; date sentence, January
term, 1921; date pardon, etc., conditional pardon, 7-22-21.
Essie Mae Crook; crime, manslaughter; sentence, 20
years state prison; date sentence, spring term, 1914; date
pardon, etc., conditional pardon, 7-22-21.
Marion R. Dennison; crime, murder; sentence, life im-
prisonment; date sentence, fall term, 1911; date pardon,
etc., conditional pardon, 7-22-21.
Rufus Dorsett; crime, murder; sentence, life impris-
onment; date sentence, spring term, 1915; date pardon,
etc., conditional pardon, 7-22-21.
3-H. J.
66
Robt. P. Elliott; crime, obtaining money under false pre-
tense; sentence, 5 years state prison; date sentence, July
term, 1918; date pardon, etc., conditional pardon, 7-22-21.
William Graham; crime, larceny of automobile; sentence,
5 years state prison; date sentence, November term, 1919;
date pardon, etc., conditional pardon, 7-22-21.
Thomas Golden; crime, rape; sentence, life; date of sen-
tence, fall term, 1912; date pardon, etc., conditional par-
don, 7-22-21.
Marie Jones; crime, manslaughter; sentence, 12 years
state prison; date of sentence, spring term, 1914; date of
pardon, etc., conditional pardon, 7-22-21.
Frank Jackson; crime, murder; sentence, life imprison-
ment; date of sentence, spring term, 1915; date pardon,
etc., conditional pardon, 7-22-21.
Jack Jarrett; crime, robbery not armed; sentence, 3
years state prison; date sentence, Nov. term, 1920; date
pardon, etc., conditional pardon, 7-22-21.
G. B. Kelly; crime, grand larceny; sentence, 21/ years
state prison; date sentence; Dec. term, 1919; date pardon,
etc., conditional pardon, 7-22-21.
Wm. Karnegie; crime, breaking and entering; sentence,
10 years state prison; date sentence, fall term, 1914; date
pardon, etc., conditional pardon, 7-22-21.
M. P. Kelley; crime, assault with intent to commit man-
slaughter; sentence, 2 years state prison; date sentence,
Jan. term, 1919; date pardon, etc., conditional pardon,
7-22-21.
Sandy Lane; crime, murder; sentence, 10 years state
prison; date sentence, fall term, 1913; date pardon, etc.,
conditional pardon, 7-22-21.
C. H. Lipsey; crime, murder; sentence, 15 years state
prison; date sentence, spring term, 1915; date pardon, etc.,
conditional pardon, 7-22-21.
John D. Martin; crime, larceny automobile; sentence, 5
years state prison; date sentence, spring term, 1920; date
pardon, etc., conditional pardon, 7-22-21.
Arthur Miller; crime, murder; sentence, life imprison-
ment; date of sentence, Oct. term, 1910; date pardon, etc.,
conditional pardon, 7-22-21.
John Maybens; crime, murder; sentence, life imprison-
ment; date sentence, fall term, 1911; date pardon, etc., con
ditional pardon, 7-22-21.
67
Julius McRae; crime, murder; sentence, life imprison-
ment; date sentence, spring term, 1911; date pardon, etc.,
conditional pardon, 7-22-21.
Alfonso Nathan; crime, breaking and entering; sentence,
10 years state prison; date sentence, Nov. term, 1913; date
pardon, etc., conditional pardon, 7-22-21.
Peter Robinson; crime, murder; sentence, life imprison-
ment; date sentence, spring term, 1913; date pardon, etc.,
conditional pardon, 7-22-21.
Johnnie Stiner; crime, grand larceny; sentence, 4 years
imprisonment; date sentence, spring term, 1919; date par-
don, etc., conditional pardon, 7-22-21.
Will Shuman; crime, murder; sentence, life imprison-
ment; date sentence, fall term, 1911; date pardon, etc., con-
ditional pardon, 7-22-21.
Charles Smith; crime, receiving stolen goods; sentence,
2 years state prison; date sentence, July term, 1920; date
pardon, etc., conditional pardon, 7-22-21.
John Wood; crime, murder; sentence, life imprisonment;
date sentence, fall term, 1911; date pardon, etc., conditional
pardon, 7-22-21.
D. S. Whidden; crime, having carnal intercourse with
unmarried female; sentence, 5 years imprisonment; date
sentence, spring term, 1918; date pardon, etc., conditional
pardon, 7-22-21.
Alfred Watkins; crime, robbery; sentence, 15 years im-
prisonment; date sentence, March term, 1911;date pardon,
etc., conditional pardon, 7-22-21.
Ike Byrd; crime, having liquor in possession; sentence,
3 months county jail, and in default of payment of costs 1
additional month in county jail; date sentence, April term,
1921; date pardon, etc., sentence commuted to fine of
!$300.00 and costs and 2 months in county jail and sentence
of 2 months suspended during good behavior, 7-22-21.
T. H. Comerford; crime, having intoxicating liquor in
possession and unlawfully transporting liquor; sentence,
fine $350.00 and costs or six months county jail and
$499.00 and costs or 6 months county jail; date sentence,
December term, 1920; date pardon, etc., sentence of
$350.00 or 6 months in jail commuted, 7-22-21.
Mrs. Lillie Johns; crime, carrying concealed weapons;
sentence, fine $100.00 and costs; date sentence, May term,
1920; date pardon, etc., sentence commuted to fine of
$25.00 and costs 7-22-21.
68
B. D. Jordan; crime, assault and battery; sentence, fine
$300.00 and costs; date sentence, March term, 1921; date
pardon, etc., sentence commuted to fine of $150.00 and
costs, 7-22-21.
Frank Wright; crime, aggravated assault; sentence, 6
months or $100.00 fine and costs and in default of payment
of costs to serve two additional months in county jail; date
sentence, Jan. term, 1921; date pardon, etc., sentence to
two additional months for non-payment costs commuted,
7-22-21.
Marcus B. Fore; crime, breaking and entering; sentence,
2 years imprisonment; date sentence, fall term, 1915; date
pardon, etc., full pardon, 7-22-21.
C. S. Holzendorf; crime, murder; sentence, life impris-
onment; date sentence, Aug. term, 1915; date pardon, etc.,
full pardon, 7-22-21.
Mallory Riggins; crime, murder; sentence, to be hanged;
date sentence, Dec. term, 1919; date pardon, etc., sentence
commuted to life, 7-30-21.
Jennie Clark; crime, larceny of watch; sentence, 8
months county jail; date sentence, 1921; date pardon, etc.,
conditional pardon, 9-12-21.
James Bradley; crime, murder; sentence, life; date sen-
tence, spring term, 1910; date pardon, etc., conditional
pardon, 10-1-21.
Henry Cook; crime, murder; sentence, life; date sen-
tence, spring term, 1913; date pardon, etc., conditional
pardon, 10-1-21.
Wm. K. Humphrey, crime, murder; sentence, life; date
sentence, fall term, 1915; date pardon, etc., conditional
pardon, 10-1-21.
Jesse Nixon; crime, felonious assault; sentence, 5 years
state prison; date sentence, fall term, 1920; date pardon,
etc., conditional pardon, 10-1-21.
Judge Ruffin; crime, murder; sentence, life; date sen-
tence, spring term, 1914; date pardon, etc., conditional
pardon, 10-1-21.
William Sawyer; crime, murder; sentence, life; date sen-
tence, fall term, 1913; date pardon, etc., conditional par-
don, 10-1-21.
Mitchell Wilkins; crime, manslaughter; sentence, 15
years; date sentence, fall term, 1914; date pardon, etc.,
conditional pardon, 10-1-21.
69
Mack C. Comrad; crime, carrying concealed weapons;
sentence, fine $500.00 or 6 months county jail; date sen-
tence, June term, 1921; date pardon, etc., sentence com-
muted to fine of $100.00 and costs, 10-1-21.
H. A. Johnson; crime, withholding support from chil-
dren; sentence, 1 year in prison in default of bond for
support of children; date sentence, March term, 1921; date
pardon, etc., pardoned on condition that he pay amount
each month to his wife and children as fixed by the court,
10-1-21.
Robt. E. Lassiter; crime, murder; sentence, life; date
sentence, spring term, 1916; date pardon, etc., full pardon,
10-1-21.
Manly Luck; crime, murder; sentence, life; date sen-
tence, fall term, 1916; date pardon, etc., full pardon,
10-1-21.
Mattie Hendricks; crime, vagrancy; sentence, 4 months
county jail; date sentence, August term, 1921; date pardon,
etc., conditional pardon, 10-1-21.
Ida Evans; crime, murder; sentence, life; date sentence,
spring term, 1917; date pardon, etc., conditional pardon,
12-12-21.
Nathan Edwards; crime, murder; sentence, life; date
sentence, spring term, 1916; date pardon, etc., conditional
pardon, 12-12-21.
Willie Lee Jones; crime, breaking and entering; sen-
tence, 8 years; date sentence, November term, 1915; date
pardon, etc., conditional pardon, 12-12-21.
J. C. McDonald; crime, grand larceny; sentence, 2 years;
date sentence, September term, 1913; date pardon, etc.,
conditional pardon, 12-12-21.
Jim Bivens; crime, murder; sentence, life; date sentence,
December term, 1914; date pardon, etc., conditional par-
don, 2-15-22.
C. G. Garrett; crime, uttering forgery; sentence, 18
months; date sentence, January term, 1910; date pardon,
etc., full pardon, 2-15-22.
Dan Molino; crime, murder; sentence, life; date sen-
tence, April term, 1910; date pardon, etc., conditional par-
don, 2-15-22.
Jim Thomas; crime, murder; sentence, life; date sen-
tence, Nov. term, 1910; date pardon, etc., conditional par-
don, 2-15-22.
70
Charles Wright; crime, assault to murder; sentence, 9
years; date sentence, April term, 1915; date pardon, etc.,
conditional pardon, 2-25-22.
Roy Albritton; crime, assault with intent to rape; sen-
tence, 4 years; date sentence, May term, 1921; date par-
don, etc. conditional pardon, 4-1-22.
Jesse Barnes; crime, murder; sentence, life; date sen-
tence, fall term, 1914; date pardon, etc., full pardon,
4-1-22.
Marion Carlton; crime, murder; sentence, life; date
sentence, fall term, 1921; date pardon, etc., full pardon,
4-1-22.
Julius Coachman; crime, rape; sentence, life; date sen-
tence, fall term, 1917.. date pardon, etc., conditional par-
don, 4-1-22.
John Cooper; crime, murder; sentence, 18 years; date
sentence, fall term, 1913; date pardon, etc., conditional
pardon, 4-1-22.
Jas. E. Crane; crime, embezzlement; sentence, 5 years;
date sentence, Nov. term, 1917; date pardon, etc., full par-
don, 4-1-22.
Jack Gibson; crime, murder; sentence, life; date sen-
tence, spring term, 1911; date pardon, etc., conditional par-
don, 4-1-22.
John Holsey; crime, murder; sentence, life, date of sen-
tence, fall term, 1910; date pardon, etc., conditional par-
don, 4-1-22.
P. J. Hoke and Geo. Sheppard; date pardon, etc., re-
leased from judgment on bond, 4-1-22.
Jonas Hopkins; crime, murder; sentence, life; date sen-
tence, fall term, 1912; date pardon, etc., conditional par-
don, 4-1-22.
Jas. Henry Johnson; crime, manslaughter; sentence, 18
years; date sentence, spring term, 1916; date pardon, etc.,
conditional pardon, 4-1-22.
Russell B. Lane; crime, concealing stolen property; sen-
tence, 3 years; date sentence, spring term, 1921; date par-
don, etc., conditional pardon, 4-1-22.
Clyde Lightsey; crime, grand larceny; sentence, 2 years;
date sentence, July term, 1921; date pardon, etc., condi-
tional pardon, 4-1-22.
Bertrand Morse; crime, assault to commit rape; sen-
tence, 9 years; date sentence, February term, 1918; date
pardon, etc., conditional pardon, 4-1-22.
71
Will Mosley; crime, murder; sentence, life; uate sentence,
spring term, 1911; date pardon, etc., conditional pardon,
4-1-22.
Napoleon McPherson; crime, murder; sentence, life;
date sentence, February term, 1912; date pardon, etc.,
conditional pardon, 4-1-22.
J. C. Norwood; crime, violation of liquor laws; sentence,
27 months; date sentence, April term, 1921; date pardon,
etc., conditional pardon, 4-1-22.
W. C. Pybus; crime, carrying concealed weapons; sen-
tence, fine $100.00 or 3 months; date sentence, 1921;
date pardon, etc., sentence commuted to fine $25.00 and
costs, 4-1-22.
S. B. Rogers and H. J. Ewing; date of pardon, etc., re-
leased from judgment on bond, 4-1-22.
W. J. Strickland, Jr.; crime, grand larceny; sentence,
fine $250.00 and costs or 6 months; date sentence, Novem-
ber term, 1921; date pardon, etc., sentence commuted to
fine $100.00 and costs, 4-1-22.
Richard Strong; crime, murder; sentence, life; date sen-
tenced, fall term, 1913; date pardon, etc., conditional par-
don, 4-1-22.
Sidney B. Wiley; crime, grand'larceny; sentence, 21/2
years; date sentence, November term, 1920; date pardon,
etc., conditional pardon, 4-1-22.
Gordon Worthy; crime, grand larceny; sentence, 3
years; date sentence, fall term, 1920; date pardon, etc.,
conditional pardon, 4-1-22.
James Scott; crime, giving worthless check; date par-
doned, etc., conditional pardon, 4-24-22.
Shelly Brooks; crime, murder; sentence, life; date sen-
tence, spring term, 1911; date pardon, etc., conditional
pardon, 5-20-22.
J. W. Fewell; crime, assault to murder; sentence, 10
years; date sentence, May term, 1911; date pardon, etc.,
conditional pardon, 5-20-22.
Ivy Williams; crime, murder; sentence, life; date sen-
tence; spring term, 1914; date pardon, etc., conditional par-
don, 7-15-22.
A. L. Wells and J. B. Farrior; released from payment of
$100.00 on bond of A. L. Payne, 5-12-22.
Earl Shine; crime, violation liquor laws, 5 charges; sen-
tence, 27 months county prison; date sentence, April term,
1921; date pardon, etc., conditional pardon, 6-7-22;
72
James Crawford; crime, violation liquor laws, 5
charges; sentence, 27 months county prison; date sentence,
April term, 1921; date pardon, etc., conditional pardon,
6-7-22.
John Thompson; grand larceny; sentence, 6 years state
prison; date sentence, June term, 1919; date pardon, etc.,
paroled, 6-21-22.
John Syford; crime, incest; sentence, 10 years state
prison; date sentence, March term, 1922; date pardon,
etc., paroled, 7-18-22.
Chester Rand; crime, grand larceny; sentence, 3 years
state prison; date sentence, Aug. term, 1920; date pardon,
etc., paroled, 7-18-22.
Cora Richardson; crime, manslaughter; sentence, 2 years
state prison; date sentence, May term, 1921; date pardon,
etc., paroled, 7-18-22.
Robert L. Denson; crime, larceny of auto.; sentence, 2
years state prison; date sentence, Dec. term, 1921; date
pardon, etc., paroled, 7-18-22.
Osgood Pettiway; crime, robbery; sentence, 20 years
state prison; date sentence, Jan. term, 1914; date pardon,
etc., paroled, 7-18-22.
Ed Williams; crime, assault to murder; sentence, 10
years state prison; date sentence, Oct. term, 1915; date
pardon, etc., paroled, 7-18-22.
Clarence Smith; crime, murder; sentence, life; date sen-
tence, fall term, 1909; date pardon, etc., conditional par-
don, 7-18-22.
Charles Moneyham; crime, having sexual intercourse
with unmarried female; sentence, one year; date sentence,
Oct. term, 1920; date pardon, etc., conditional pardon,
7-18-22.
Tom Beaty; crime, murder; sentence, life; date sentence,
fall term, 1899; date pardon, etc., conditional pardon,
7-18-22.
Evaline Roberson; crime, selling intoxicating liquor;
sentence, fine $125.00 or 6 months in jail; date sentence,
May term, 1922; date pardon, etc., conditional pardon,
7-18-22.
Amos Brown; crime, murder; sentence, life; date sen-
tence, spring term, 1914; date pardon, etc., conditional
pardon, 8-15-22.
73
Willie Ryan; crime, murder; sentence, to hang; date
sentence, fall term, 1921; date pardon, etc., sentence com-
muted, 8-9-22.
Martin Tanner; crime, murder; sentence, life; date sen-
tence, fall term, 1914; date pardon, etc., paroled, 8-22-22.
Laura Adams; crime, manslaughter; sentence, 7 years;
date sentence, spring term, 1919; date pardon, etc., condi-
tional pardon, 10-1-22.
Ira Barwick; crime, burglary; sentence, 7 years; date
sentence, April term, 1921; date pardon, etc., conditional
pardon, 10 1-22.
Lawrence Campbell; crime, murder; sentence, life; date
sentence, spring term, 1912; date pardon, etc., conditional
pardon, 10-1-22.
T. W. Cunningham; crime, false pretense; sentence, 2
years; date sentence, October term, 1921; date pardon,
conditional pardon, 10-1-22.
C. S. Douglas; crime, murder; sentence, life; date sen-
tence, spring term, 1919; date pardon, etc., conditional
pardon, 10-1-22.
Will Giddens; crime, larceny of a steer; sentence, 5
years; date sentence, fall term, 1919; date pardon, etc.,
conditional pardon, 10-1-22.
John Gill; crime, murder; sentence, life; date sentence,
fall term, 1912; date pardon, etc., conditional pardon, 10-
1-22.
L. J. Hale; crime, grand larceny; sentence, 4 years; date
sentence, spring term, 1920; date pardon, etc., conditional
pardon, 10-1-22.
Jim Hall; crime, murder; sentence, life; date sentence,
fall term, 1914; date pardon, etc., conditional pardon, 10-
1-22.
Hamilton Harrell; crime, uttering forged checks; sen-
tence, 5 years; date sentence, spring term, 1919; date par-
don, etc., conditional pardon, 10-1-22.
Wm. H. Hathcock; crime, burglary; sentence, 5 years;
date sentence, April term, 1921; date pardon, etc., condi-
tional pardon, 10-1-22.
Charles Hester; crime, murder; sentence, life; date sen-
tence, spring term, 1911; date pardon, etc., conditional par-
don, 10-1-22.
J. C. Hobbs; crime, manslaughter; sentence, 5 years;
date sentence, June term, 1921; date pardon, etc., condi-
tional pardon, 10-1-22.
74
Press Jackson; crime, trespass; sentence, 9 months; date
sentence, A. D. 1922; date pardon, etc., conditional Pardon,
10-1-22.
Fulton Jackson; crime, murder; sentence, life; date sen-
tence, fall term, 1913; date pardon, etc., conditional par-
don, 10-1-22.
Dan Kirkland; crime, grand larceny; sentence, 4 years;
date sentence, fall term, 1920; date pardon, etc., condi-
tional pardon, 10-1-22.
John Frank Loper; crime, grand larceny; sentence, 2
years; date sentence, Oct. term, 1921; date pardon, etc.,
conditional pardon, 10-1-22.
Theodore Mack; crime, murder; sentence, life; date sen-
tence, fall term, 1912; date pardon, etc., conditional par-
don, 10-1-22.
Tobe Martin; crime, murder; sentence, life; date sen-
tence, fall term, 1912; date pardon, etc., conditional par-
don, 10-1-22.
Zeak McIntosh; crime, murder; sentence, life; date sen-
tence; spring term, 1911; date pardon, etc., conditional
pardon, 10-1-22.
Raimon McKinnie; crime, murder; sentence, 12 years;
date sentence, fall term, 1919; date pardon, etc., conditional
pardon, 10-1-22.
Lewis Nims; crime, murder; sentence, life; date sentence,
spring term, 1915; date pardon, etc., conditional pardon,
10-1-22.
Ollie Preston; crime, murder; sentence, life; date sen-
tence, fall term, 1912; date pardon, conditional pardon,
10-1-22.
Ed Riley; crime, assault to murder; sentence, 15 years;
date sentence, fall term, 1915; date pardon, etc., condi-
tional pardon, 10-1-22.
Joe Ross; crime, murder; sentence, life; date sentence,
January term, 1915; date pardon, etc., conditional pardon,
10-1-22.
John Lee Studstill; crime, cutting a fence; sentence, 3
years; date sentence, fall term, 1921; date pardon, etc.,
conditional pardon, 10-1-22.
Donovan Studstill; crime, cutting a fence; sentence, 3
years; date sentence, fall term, 1921; date pardon, etc.,
conditional pardon, 10-1-22.
75
Dave Smith; crime, murder; sentence, life; date sen-
tence, fall term, 1919; date pardon, etc., conditional par-
don, 10-1-22.
Fletcher Watson; crime, murder; sentence, life; date
sentence, fall term, 1905; date pardon, etc., conditional
pardon, 10-1-22.
George T. Wilkinson; crime, grand larceny and robbery;
sentence, 5 years; date sentence, spring term, 1920; date
pardon, etc., conditional pardon, 10-1-22.
Henry Wright; crime, rape; sentence, life; date sen-
tence, spring term, 1914; date pardon, etc., conditional
pardon, 10-1-22.
William Johnson; crime, murder; sentence, life; date
sentence, fall term, 1915; date pardon, etc., full pardon,
10-1-22.
Dan J. Carlton.; crime, murder; sentence, life, date sen-
tence, fall term, 1911; date pardon, etc., full pardon 10-
1-22.
Anderson Carter; crime, breaking and entering, sen-
tence, 5 years; date sentence, Oct. term, 1921; date pardon,
etc., paroled, 10-1-22.
E. F. Hinson; crime, breaking and entering and grand
larceny; sentence, 5 years; date sentence, October term,
1921; date pardon, etc., paroled, 10-1-22.
Bradford Mayo; crime, larceny of automobile; sentence,
4 years; date sentence, December term, 1921; date pardon,
etc., paroled, 10-1-22.
'T. J. McManus; crime, embezzlement; sentence, 5 years;
date sentence, spring term, 1918; date pardon, etc., paroled,
10-1-22.
Rosa Merritt; crime, manslaughter; sentence, 6 years;
date sentence, fall term, 1921; date pardon, etc., paroled,
9-30-22.
Frank Davis; crime, murder; sentence, life; date sen
tence, spring term, 1913; date pardon, etc., paroled,
11-6-22.
-Robert Green; crime, having still in house; sentence, 9
-months; date sentence, 1922; date pardon, etc., conditional
pardon, 11.6-22.
SRalph Cooper; crime, larceny; sentence, 6 months; date
sentence, June term, 1922; date pardon, etc., conditional
pardon, 11-10-22.
76
Wesley Mitchell; crime, obtaining money under false
pretense; sentence, 1 year; date sentence, September term,
1922; date pardon, etc., conditional pardon, 11-14-22.
J. R. Merritt; crime, assault to murder; sentence, 6
months; date sentence, spring term, 1915; date pardon,
etc., full pardon, 11-14-22.
J. Mitchell Anderson; crime, murder; sentence, life;
date sentence, spring term, 1913; date pardon, etc., condi-
tional pardon, 12-9-22.
James Anthony; crime, assault to murder; sentence, 12
years; date sentence, fall term, 1921; date pardon, etc.,
paroled, 12-9-22.
Rhea Boyd; crime, breaking and entering; sentence, 16
years; date sentence, fall term, 1920; date pardon, etc.,
paroled, 12-9-22.
Ernest Clayborne; crime, murder; sentence, life; date
sentence, February term, 1915; date pardon, etc., condi-
tional pardon, 12-9-22.
John D. Davis; crime, murder; sentence, life; date sen-
tence, fall term, 1916; date pardon, etc., conditional par-
don, 12-9-22.
J. E. Dalhart; crime, robbery; sentence, 21/ years; date
sentence, December term, 1920; date pardon, etc., paroled
12-9-22.
Tom Forbes; crime, assault to murder and breaking and
entering; sentence, 3 years; date sentence, January term,
1921; date pardon, etc., conditional pardon, 12-9-22.
J. L. Frazier; crime, murder; sentence, life; date sen-
tence, spring term, 1919; date pardon, etc., paroled, 12-9-
22.
Joe Gilliard; crime, murder; sentence, life; date sen-
tence, fall term, 1912; date pardon, etc., conditional par-
don, 12-9-22.
Wade Hampton; crime, murder; sentence, life; date
sentence, spring term, 1911; date pardon, etc., conditional
pardon, 12-9-22.
Frank E. Harrison; crime, having sexual intercourse with
unmarried female under 18 years; sentence, 5 years; date
sentence, October term, 1921; date pardon, etc., paroled
12-9-22.
J. F. Prevatt; crime, murder; sentence, 10 years; date
sentence, .spring term, 1921; date pardon, etc., paroled,
12-9-22.
77
Chester Staten; crime, murder; sentence, life; date sen-
tence, fall term, 1912; date pardon, etc., conditional par-
don, 12-9-22.
Irving Stewart; crime, accessory before fact in murder;
sentence, life; date sentence, fall term, 1917; date pardon,
etc., conditional pardon, 12-9-22.
Isom Wilson; crime, murder; sentence, life; date sen-
tetnce, February term, 1919; date pardon, etc., conditional
pardon, 12-9-22.
William Whitehurst; crime, murder; sentence, life; date
sentence, spring term, 1913; date pardon, etc., conditional
pardon, 12-9-22.
Charlie Williams; crime, rape; sentence, life; date sen-
tence, fall term, 1913; date pardon, etc., conditional par-
don, 12-20-22.
Bert Lasher; crime, grand larceny; sentence, 3 years;
date sentence, January term, 1920; date pardon, etc., con-
ditional pardon, 1-31-23.
Helen Wilton; crime, grand larceny; sentence, 5 years;
date sentence, fall term, 1922; date pardon, etc., paroled
2-28-23.
Oswald Albury; crime, manslaughter; sentence, 20
years; date sentence, July term, 1914; date pardoned, etc.,
conditional pardon, 4-1-23.
Will Baker; crime, murder; sentence, life; date sentence,
spring term, 1917; date pardon, etc., conditional pardon,
4-1-23.
Dallas Cochran; crime, incest; sentence, 10 years; date
sentence, fall term, 1916; date pardon, etc., conditional
pardon, 4-1-23.
Jeremiah Davis; crime, murder; sentence, life; date sen-
tence, spring term, 1914; date pardon, etc., conditional
pardon, 4-1-23.
- Willie Davis; crime, murder; sentence, life; date sen-
tence, spring term, 1912; date pardon, etc., conditional par-
don, 4-1-23.
Willie Edwards; crime, murder; sentence, life; date
sentence, spring term, 1912; date pardon, etc., conditional
pardon, 4-1-23.
Chris Fitchor; crime, assault to minrder; sentence, 5
years; date sentence, January term, 1920; date pardon,
etc., conditional pardon, 4-1-23.
78
Julius Fields; crime, manslaughter; sentence, 20 years;
date sentence, spring term, 1913; date pardon, etc., condi-
tional pardon, 4-1-23.
Tom Graham; crime, murder; sentence, life imprison-
ment; date sentence, Dec. term, 1909; date pardon, etc.,
conditional pardon, 4-1-23.
W. W. Hall; crime, manslaughter; sentence, five years;
date sentence, spring term, 1921; date pardon, etc., con-
ditional pardon, 4-1-23.
Joseph Hawkins; crime, murder; sentence, life; date
sentence, July term, 1912; date pardon, etc., conditional
pardon, 4-1-23.
W. F. Jowers; crime, assault to rape; sentence, 10 years;
date sentence, fall term, 1920; date pardon, etc., conditional
pardon, 4-1-23.
Jeff Lee; crime, grand larceny; sentence, 3 years; date
sentence, Oct. term, 1921; date pardon, etc., conditional
pardon, 4-1-23.
William Rhodes; crime, murder; sentence, life; date
sentence, fall term, 1911; date pardon, etc., conditional par-
don, 4-1-23.
Will McLendon; crime, murder; sentence, life; date sen-
tence, April term, 1910; date pardon, etc., conditional par-
don, 4-1-23.
Boisy Murphy; crime, murder; sentence, life; date sen-
tence, spring term, 1909; date pardon, etc., conditional
pardon, 4-1-23.
Sadie McPherson; crime, murder; sentence, life; date
sentence, April term, 1916; date pardon, etc., conditional
pardon, 4-1-23.
Sam Stacks; crime, murder; sentence, life; date sen-
tence, spring term, 1913;' date pardon, etc., conditional
pardon, 4-1-23.
Albert Wright; crime, murder; sentence, life; date sen-
tence, special term, 1911; date pardon, etc., conditional
pardon, 4-1-23.
C-harlie Walker; crime, arson; sentence, 3 years; date
sentence, March term, 1921; date pardon, etc., conditional
pardon, 4-1-23.
Chas. E. Wethersford; crime, grand larceny; sentence,
5 years; date sentence, Jan. term, 1921; date pardon, etc.,
conditional pardon, 4-1-23.
79
J. F. Whitfield; crime, grand larceny; sentence, 7 years;
date sentence, April term, 1919; date pardon, etc., condi-
tional pardon, 4-1-23.
Dan B. Williams; crime, murder; sentence, life; date
sentence, spring term, 1911; date pardon, etc., conditional
pardon, 4-1-23.
Marcus Williams; crime, robbery; sentence, 8 years;
date sentence, winter term, 1920; date pardon, etc., condi-
tional pardon, 4-1-23.
George White; crime, breaking and entering; sentence,
16 years; date sentence, fall term, 1920; date pardon,etc.,
paroled, 4-1-23.
Lamar Sunday; crime, breaking and entering, sentence,
5 years; date sentence, Aug. term, 1921; date pardon, etc.,
paroled, 4-1-23.
Leslie Shehan; crime, robbery; sentence, 8 years; date
sentence, winter term, 1920; date pardon, etc., paroled,
4-1-23.
James H. Redfield; crime, forgery; sentence, 5 years;
date sentence, March term, 1922; date pardon, etc.,
paroled, 4-1-23.
REPRIEVES GRANTED.
Aubrey Lee Nichols; crime, rape; sentence, to be hanged;
date sentence, spring term, 1922; date reprieve, 7-18-22.
Mr. Busto moved that the Governor's Message be spread
upon the Journal.
Which was agreed to.
The Speaker in the chair.
The Speaker announced the appointment of the Stand-
ing Committees as follows:
80
STANDING COMMITTEES OF THE HOUSE OF
REPRESENTATIVES, 1923.
COMMITTEE ON AGRICULTURE.
John C. McRae, Chairman.
C. H. Kennerly.
W. B. Bishop.
M. W. Ulmer.
C. H. Taylor.
J. L. Matthews.
L. W. A. Rivers.
F. L. Byrd.
Nathan Mayo.
COMMITTEE ON APPROPRIATIONS.
F. O. Miller, Chairman.
A. H. Williams.
Nathan Mayo.
J. J. Parrish.
H. S. McKenzie.
O. M. Tillman.
J. H. Harvell.
E. S. Matthews.
Amos Lewis.
COMMITTEE ON BANKS AND LOANS.
Carl P. Weidling, Chairman.
Forrest Lake.
J. J. Parrish.
B. K. Bullard.
A. W. McLeran.
A. W. Young.
J. L. Matthews.
S. D. Williams.
A. W. Weeks.
81
COMMITTEE ON CANALS AND DRAINAGE.
A. W. Young, Chairman.
W. D. Bell.
D. R. McNeill.
R. A. Henderson.
Carl P. Weidling.
Ben C. Willard.
F. W. Nolte.
M. D. Carmichael.
H. E. Mahr.
COMMITTEE ON CENSUS AND APPORTIONMENT
Ben C. Willard, Chairman.
Edwin S. Dew.
W. T. Hendry.
M. D. Carmichael.
A. T. Stuart.
A. H. Williams.
Fred R. Hocker.
W. B. Bishop.
J. H. Lord.
COMMITTEE ON CITY AND TOWN ORGANIZATION.
W. D. Bell, Chairman.
E. L. Shear.
Purl G. Adams.
F. X. Carroll.
J. F. Busto.
R. Powers.
G. I. Knowles.
E. Harris.
T. B. Pinholster.
COMMITTEE ON CLAIMS.
Forrest Lake, Chairman.
L. E. Wade.
J. Ed. Stokes.
Wallace Tervin.
C. H. Kennerly.
Fred H. Davis.
T. C. Merchant.
S. A. Ogilvie.
H. H. Witherington.
82
COMMITTEE ON COMMERCE AND NAVIGATION.
Frank X. Carroll, Chairman.
J. H. Harvell.
H. E. Mahr.
A. T. Stuart.
G. I. Knowles.
S. J. Giles.
R. A. Henderson.
E. L. Shear.
Wallace Tervin.
COMMITTEE ON CONSTITUTIONAL AMENDMENTS.
A. H. Williams, Chairman.
A. T. Stuart.
E. Paul Gregory.
Fred R. Hocker.
H. S. McKenzie.
Frederick Van Roy.
J. J. Parrish.
Thomas W. Bryant.
F. 0. Miller.
COMMITTEE ON CONVICTS.
Nathan Mayo,. Chairman.
C. H. Taylor.
R. H. Weaver.
M. W. Ulmer.
J. E. Whitty.
Herman Bludworth.
C. H. Register.
John Clay Smith.
L. E. Wade.
COMMITTEE ON CORPORATIONS.
C. H. Kennerly, Chairman.
B. K. Bullard.
A. Y. Milam.
J. H. Harvell.
D. R. McNeill.
J. W. Shelly.
C. C. Epperson.
W. A. MacKenzie.
S. W. Getzen.
83
COMMITTEE ON COUNTY OFFICIALS.
H. J. Peiper, Chairman.
J. A. Harper.
M. L. Hinson.
Chas. J. Ferrell.
Thos. A. Fletcher.
D. C. Geiger.
I. J. McCall.
D. H. Mays.
A. W. Weeks.
COMMITTEE ON COUNTY ORGANIZATION.
0. M. Tillman, Chairman.
R. A. Henderson.
S. S. Griffin.
W. D. Bell.
S. D. Williams.
Ben C. Willard.
C. H. Taylor.
W. T. Hendry.
John C. McRae.
COMMITTEE ON COUNTY ROADS AND BRIDGES.
S. W. Getzen, Chairman.
L. A. Brock.
J. L. Matthews.
J. Hampton. Jones.
Percy C. Witt.
A. J. McClellan.
F. W. Nolte.
E. Harris.
Chas. J. Ferrell.
84
COMMITTEE ON EDUCATION.
W. A. MacKenzie, Chairman.
Edwin S. Dew.
Frederick Van Roy.
A. Y. Milam.
Fred R. Hocker.
A. T. Stuart.
J. W. Shelly.
A. H. Williams.
T. B. Pinholster.
COMMITTEE ON ENGROSSED BILLS.
W. B. Bishop, Chairman.
W. D. Mercer.
Hugh Hale.
M. L. Hinson.
Amos Lewis.
H. J. Peiper.
Percy C. Witt.
L. A. Brock.
F. L. Byrd.
COMMITTEE ON ENROLLED BILLS.
C. H. Taylor, Chairman.
John A. Taylor.
C. H. Register.
R. Powers.
L. W. A. Rivers.
John Clay Smith.
J. Ed Stokes.
Purl G. Adams.
C. S. Acree.
85
COMMITTEE ON EXPENSES OF EXECUTIVE DEPARTMENT.
I. J. McCall, Chairman.
S. J. Giles.
D. C. Geiger.
J. F. Busto.
Herman Bludworth.
Thomas W. Bryant.
Fred H. Davis.
W. D. Mercer.
D. H. Mays.
COMMITTEE ON FINANCE AND TAXATION.
H. S. McKenzie, Chairman.
Nathan Mayo.
John C. McRae.
W. T. Hendry.
0. M. Tillman.
J. H. Lord.
W. A. MacKenzie.
D. R. McNeill.
A. W. McLeran.
COMMITTEE ON FISHERIES.
J. J. Parrish, Chairman.
A. W. Young.
G. I. Knowles.
J. H. Lord.
S. A. Ogilvie.
H. S. McKenzie.
S. S. Griffin.
S. J. Giles.
C. C. Epperson.
COMMITTEE ON FORESTRY.
D. R. McNeill, Chairman.
John C. MeRace.
M. W. Ulmer.
Herman Bludworth.
E. Harris.
J. B. Wetherington.
H. H. Witherington.
Wallace Tervin.
E. S. Matthews.
86
COMMITTEE ON GAME.
E. S. Matthews, Chairman.
I. J. McCall.
John C. McRae.
C. S. Acree.
Amos Lewis.
Ben C. Willard.
R. A. Henderson.
A. Y. Milam.
L. E. Wade.
COMMITTEE ON GOVERNOR'S MESSAGE AND ADMINISTRATIVE
REPORTS.
Fred R. Hocker, Chairman.
J. A. Harper.
F. X. Carroll.
J. F. Busto.
Thos. A. Fletcher.
M. L. Hinson.
J. Hampton Jones.
A. J. McClellan.
R. H. Weaver.
COMMITTEE ON INDIAN AFFAIRS.
R. A. Henderson, Chairman.
Hugh Hale.
E. Paul Gregory.
J. E. Whitty.
H. H. Witherington.
S. D. Williams.
A. W. Weeks.
Carl P. Weilding.
Forrest Lake. __
87
COMMITTEE ON IMMIGRATION.
J. H. Lord, Chairman.
Hugh Hale.
F. X. Carroll.
Fred H. Davis.
B. K. Bullard.
Edwin S. Dew.
Chas. J. Ferrell.
E. Paul Gregory.
S. S. Griffin.
COMMITTEE ON INSURANCE.
M. W. Ulmer, Chairman.
S. W. Getzen.
R. H. Weaver.
C. H. Register.
S. A. Ogilvie.
Nathan Mayo.
H. J. Peiper.
F. L. Byrd.
H. H. Witherington.
COMMITTEE ON JOURNAL.
Percy C. Witt, Chairman.
A. W. Young.
J. E. Whitty.
John Clay Smith.
J. W. Shelly.
E. L. Shear.
L. W. A. Rivers.
R. Powers.
F. W. Nolte.
88
"COMMITTEE ON JUDICIARY A.
A. T. Stuart, Chairman.
A. H. Williams.
A. W. Young.
I. J. McCall.
L. E. Wade.
W. T. Hendry.
Thos. W. Bryant.
Fred R. Hocker.
S. W. Getzen.
COMMITTEE ON JUDICIARY "B."
M. D. Carmichael, Chairman.
C. C. Epperson.
Ben C. Willard.
Purl G. Adams.
Carl P. Weidling.
Wallace Tervin.
S. D. Williams.
E. Paul Gregory.
John Clay Smith.
COMMITTEE ON JUDICIARY "C."
A. Y. Milam, Chairman.
Fred H. Davis.
W. D. Bell.
J. Ed Stokes.
Amos Lewis.
J. F. Busto.
A. W. Weeks.
Hugh Hale.
C. H. Kennerly.
COMMITTEE ON LEGISLATIVE EXPENSE.
A. W. McLeran, Chairman.
Nathan Mayo.
Fred H. Davis.
Chas. J. Ferrell.
Thos. W. Bryant.
A. Y. Milam.
J. H. Harvell.
C. H. Register.
Forrest Lake,
89
COMMITTEE ON LIVE STOCK.
Amos Lewis, Chairman.
J. J. Parish.
John C. McRae.
Fred H. Davis.
J. H. Lord.
Henry S. McKenzie.
0. M. Tillman.
W. D. Bell.
Ben C. Willard.
COMMITTEE ON LUMBER AND NAVAL STORES.
L. A. Brock, Chairman.
J. B. Wetherington.
Herman Bludworth.
E. Harris.
J. A. Harper.
H. J. Peiper.
R. H. Weaver.
M. W. Ulmer.
J. Hampton Jones.
COMMITTEE ON MILITIA AND STATE TROOPS.
Wallace Tervin, Chairman.
A. W. Young.
W. D. Mercer.
T. C. Merchant.
Forrest Lake.
J. B. Wetherington.
D. H. Mays.
H. E. Mahr.
J. F. Busto.
90
COMMITTEE ON PHOSPHATE AND MINERALS.
B. K. Bullard, Chairman.
Percy C. Witt.
Frederick Van Roy.
J. A. Taylor.
W. B. Bishop.
J. E. Whitty.
J. L. Matthews.
S. J. Giles.
D. C. Geiger.
COMMITTEE ON MISCELLANEOUS LEGISLATION.
C. C. Epperson, Chairman.
Thos. A. Fletcher.
Purl G. Adams.
Frank X. Carroll.
M. L. Hinson.
C. S. Acree.
F. L. Byrd.
Hugh Hale.
D. H. Mays.
COMMITTEE ON ORGANIZED LABOR.
S. S. Griffin, Chairman.
E. Harris.
J. A. Harper.
L. A. Brock.
M. D. Carmichael.
H. E. Mahr.
Herman Bludworth.
Frank X. Carroll.
S. W. Getzen.
COMMITTEE ON NURSERIES AND PLANT HUSBANDRY.
Thos. W. Bryant, Chairman.
R. Powers.
F. 0. Miller.
I. J. McCall.
J. W. Shelly.
D. H. Mays.
C. H. Taylor.
J. Ed. Stokes.
E. L. Shear.
91
COMMITTEE ON PRIVILEGES AND ELECTIONS.
J. H. Harvell, Chairman.
H. S. McKenzie.
F. W. Nolte.
Frederick Van Roy.
J. B. Wetherington.
A. W. McLeran.
O. M. Tillman.
S. D. Williams.
Amos Lewis.
COMMITTEE ON PUBLIC BUILDINGS AND GROUNDS.
D. H. Mays, Chairman.
W. D. Mercer.
I. J. McCall.
W. A. MacKenzie.
L. E. Wade.
T. C. Merchant.
A. J. McClellan.
T. B. Pinholster.
Percy C. Witt.
COMMITTEE ON PUBLIC HEALTH.
E. Paul Gregory, Chairman.
G. I. Knowles.
L. E. Wade.
J. E. Whitty.
W. B. Bishop.
A. W. Weeks.
Frederick Van Roy.
Edwin S. Dew.
Purl G. Adams.
92
COMMITTEE ON PUBLIC LANDS.
W. T. Hendry, Chairman.
M. D. Carmichael.
Edwin S. Dew.
Thos. A. Fletcher.
J. A. Harper.
M. L. Hinson.
J. Hampton Jones.
Forrest Lake.
C. H. Kennerly.
COMMITTEE ON PUBLIC PRINTING.
R. H. Weaver, Chairman.
E. S. Matthews.
J. A. Taylor.
Carl P. Weidling.
A. W. Young.
C. S. Acree.
S. S. Griffin.
D. C. Geiger.
T. C. Merchant.
COMMITTEE ON PUBLIC ROADS AND HIGHWAYS.
Hugh Hale, Chairman.
Forrest Lake.
J. J. Parrish.
J. H. Harvell.
E. S. Matthews.
F. 0. Miller.
A. W. Young.
C. H. Taylor.
Nathan Mayo.
COMMITTEE ON RAILROADS AND TELEGRAPH.
J. F. Busto, Chairman.
J. A. Taylor.
T. C. Merchant.
G. I. Knowles.
Amos Lewis.
B. K. Bullard.
H. J. Peiper.
D. R. McNeill.
J. A. Harper.
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