|
JOURNAL
OF THE
House of Representatives
OF THE
SESSION OF 1911
T. J. APPLEYARD, State Printer,
Tallahassee, Fla.
F" 3 -
,/ //I
C,,
*
MEMBfERS OF HOUSE OF REPRESENTATIVES
1911.
W. W. Colson of Alachua County.
F. H. Ellis of Alachua County.
J. J. Combs of Baker County.
E. S. Matthews of Bradford County.
L. D. Wall of Bradford County.
R. B. Stewart of Brevard County.
A. J. McClellan of Calhoun County.
George W. Scofield of Citrus County.
J. Slater Smith of Clay County.
I. J. Brown of Columbia County.
L. W. A. Rivers of Columbia County.
J. W. Watson of Dade County.
J. H. Brown of DeSoto County.
F. E. Chase of Duval County.
J. Turner Butler of Duval County.
T. A. Jennings of Escambia County.
John T. Harper of Escambia County.
C. H. B. Floyd of Franklin County.
J. L. Sheppard of Gadsden County.
R. A. Gray of Gadsden County.
John High of Hamilton County.
W. P. Jennings of Hamilton County.
Fred L. Stringer of Hernando County.
Hugh Somerville of Hillsboro County.
R. R. Tomlin of Hillsboro County.
J. C. Reddick of Holmes County.
W. J. Singletary of Jackson County.
J. H. Tidwell of Jackson County.
J. A. McClellan of Jefferson County.
R. B. Porter of Jefferson County.
J. M. Gornto of Lafayette County.
4
J. A. Hanson of Lake County.
W. M. Igou of Lake County.
Louis A. Hendry of Lee County.
A. S. Wells of Leon County.
F. B. Winthrop of Leon County.
W. J. Epperson of Levy County.
W. S. Summers of Liberty Colinty.
R. L. Millinor of Madison County.
M. L. Leslie of Madison County.
O. K. Reaves of Manatee County.
R. B. Bullock of Marion County.
R. F. Rogers of Marion County.
Peter T. Knight of Monroe County.
John M. Warren of Monroe County. 0
Harry Goldstein of Nassau County.
Abram E. Ogilvie of Nassau County.
Samuel A. Robinson of Orange County.
Forest Lake of Orange County.
C. S. Acree of Osceola County.
George O. Butler of Palm Beach County.
C. P. Littell of Pasco County.
A. J. Angle of Polk County.
George R. Fortner of Polk County.
H. S. McKenzie of Putnam County.
W. S. Middleton of Putnam County.
W. A. McLeod of Santa Rosa County.
T. F. West of Santa Rosa County.
W. A. MacWilliams of St. Johns County.
E. A. Wilson of St. Johns County.
Fred Fee of St. Lucie County.
Glen Terrell of Sumter County.
W. R. Dorman of Suwannee County.
J. P. Lamb of Suwannee County.
L. W. Blanton of Taylor County.
James E. Cade of Volusia County.
Charles Dougherty of Volusia County.
S. K. Causseaux of Wakulla County.
George W. Ward of Walton County.
R. L. McKenzie of Washington County.
OFIIGERS AND ATTAGH1iE
OF THE
HOUSE OF REPRESENTATIVES.
Speaker-Hon. T. A. Jennings of Escambia.
Chief Clerk-J. G. Kellum of Alachua.
Assistant Chief Clerk-C. O. Rivers of Columbia.
Bill Clerk-C. C. Epperson of Levy.
Reading Clerk-Nat R. Walker of Wakulla.
Assistaun-t Reading Clerk-W. B. Lanier of Duval.
Engrossing Clerk-Eli Futch of Alaelta.
Enrolling Clerk-Culien W. Edwards of Lafayette.
Ie:.ording Clerk-Chas. H. Gray of G-adsden.
Sergeant-t--Arn s-L. M. Griffin of Calhoun.
Messenger-J. W. Edwards of Jefferson.
Ioorkeeper-T. J. Peavy of Gadsden.
Chaplain-J. R. Taylor of Gadsden.
Janitor-Eugene Hawkins of Dade.
Pages-Wm. Richard, Duval; Uly Russell, Leon; Paul
Stokley, Lake; Cason Walker, Santa Rosa.
ERRATA
On Page 355 after the figures 27, should be inserted the
words "A Bill to be."
On Page 674, in the title of Senate Bill No. 74, after the
word "lever" should be inserted the word "carts."
On Page 1358, in the fourth line of the title of House
Bill No. 602, after the word "same" insert the following:
"And to provide closed seasons for the taking of the same."
On Page 1499, in the second line of the title of Senate
Bill No. 436, after the word "issue" should be inserted the
words "of bonds."
On Page 1616, in the record of the vote on the motion to
reconsider the vote on House Joint Resolution No. 143,
Mr. Blanton should be recorded as voting in the negative
instead of in the affirmative.
On Page 1696, line 30, "House Bill No. 354" should read
"House Bill No. 554."
On page 2296, after the words "Secretary of the Senate"
should be inserted the following: "And House Bill No. 746,
in the above message together with amendments of Senate
thereto, was placed before the House of Representatives.
Mr. Matthews moved that the House of Representatives
concur in Amendment No. 1, to House Bill No. 746, as
shown in the above message. Which was agreed to.
"Mr. Matthews moved that the House of Representatives
concur in Amendment No. 2, as shown in the above mes-
sage. Which was agreed to.
"Mr. Matthews moved that the House of Representatives
concur in Amendment No. 3, as shown in the above mes-
sage. Which was agreed to.
"And House Bill No. 746, as amended by the Senate and
concurred in by the House of Representatives, was referred
to Committee on Enrolled Bills."
And lines 33 and 34, on Page 2296, should be struck out.
On Page 2330, in giving the names of the committees
of which J. T. Wigginton was clerk, "Judiciary A," should
he omitted.
JOURNAL
OF THE
House of Representatives
Of the thirteenth regular session of the Legislature,
under the Constitution of A. D. 1885, began and held at
the Capitol, in the City of Tallahassee, the State of Flor-
ida, on Tuesday, the 4th day of April, A. D. 1911, being
the day fixed by the Constitution of the State of Florida
for the meeting of the Legislature.
TUESDAY,, APRIL 4, 1911.
The House was called to order by Mr. J. G. Kellum, of
Gainesville, Alachua county, Florida, Chief Clerk of the
House of Representatives, at 12 o'clock m. The certified
list of the Secretary of State, of members elected to the
Legislature for the session of 1911, was called, as follows:
MEMBERS OF THE HOUSE OF REPRESENTATIVES
1911.
W. W. Colson of Alachua County.
F. H. Ellis of Alachua County.
J. J. Combs of Baker County.
E. S. Matthews of Bradford County.
L. D. Wall of Bradford County.
R. B. Stewart of Brevard County.
A. J. McClellan, of Calhoun County.
George W. Scofield of Citrus County.
J. Slater Smith of Clay County.
I. J. Brown of Columbia County.
L. W. A. Rivers of Columbia County.
J. W. Watson of Dade County.
J. H. Brown of DeSoto County.
F. E. Chase of Duval County.
J. Turner Butler of Duval County.
T. A. Jennings of Escambia County.
2
John T. Harper of Escambia County.
C. H. B. Floyd of Franklin County.
J. L. Sheppard of Gadsden County.
R. A. Gray of Gadsden County.
John High of Hamilton County.
W. P. Jennings of Hamilton County.
Fred L. Stringer of Hernando County.
Hugh Somerville of Hillsborough County.
R. R. Tomlin of Hillsborough County.
J. C. Reddick of Holmes County.
W. J. Singletary of Jackson County.
J. H. Tidwell of Jackson County.
J. A. McClellan of Jefferson County.
R. B. Porter of Jefferson County.
J. M. Gornto of Lafayette County.
J. A. Hanson of Lake County.
W. M, Igou of Lake County.
Louis A. Hendry of Lee County.
A. S. Wells of Leon County.
F. B. Winthrop of Leon County.
W. J. Epperson of Levy County.
W. S. Summers of Liberty County.
R. L. Millinor of Madison County.
M. L. Leslie of Madison County.
0. K. Reaves of Manatee County.
R. B. Bullock of Marion County.
R. F. Rogers of Marion County.
Peter T. Knight of Monroe County.
John M. Warren of Monroe County.
Harry Goldstein of Nassau County.
Abram E. Ogilvie of Nassau County.
Samuel A. Robinson of Orange County.
Forest Lake of Orange County.
C. S. Acree of Osceola County.
George O. Butler of Palm Beach County.
C. P. Littell of Pasco County.
A. J. Angle of Polk County.
George R. Fortner of Polk County.
H. S. McKenzie of Putnam County.
W. S. Middleton of Putnam County.
W. A. McLeod of Santa Rosa County.
T. F. West of Santa Rosa County.
W. A. MacWilliams of St. Johns County.
E. A. Wilson of St. Johns County.
Fred Fee of St. Lucie County.
3
Glen Terrell of Sumter County.
W. R. Dorman of Suwannee County.
J. P. Lamb of Suwannee County.
L. W. Blanton of Taylor County.
James E. Cade of Volusia County.
Charles Dougherty of Volusia County.
S. K. Causseaux of Wakulla County.
George W. Ward of Walton County.
R. L. McKenzie of Washington County.
State of Florida,
Office Secretary of State-ss.,
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 on the 8th day of November,
A. D. 1910, as shown by the election returns on file in this
office.
Given under my hand and the great Seal of the State of
Florida, at Tallahassee, the Capital, this, the 4th day of
April, A. D. 1911.
(Seal.) H. CLAY CRAWFORD,
Secretary of State.
The following members came forward and took the
oath of office prescribed by the Constitution of the State
of Florida before Mr. Justice Chas. B. Parkhill, of the
Supreme Court of the State of Florida:
Acree, C. S., of Osceola.
Angle, A. J., of Polk.
Blanton, L. W., of Taylor.
Brown, I. J., of Columbia.
Brown, J. H., of DeSoto.
Bullock, R. B., of Marion.
Butler, Geo. 0., of Palm Beach.
Butler, J. T., of Duval.
Cade, .J. E., of Volusia.
Causseaux, S. K., of Wakulla.
Chase, F. E., of Duval.
Colson, V. W., of Alachua.
Combs, J. J., of Baker.
Dorman, W. R., of Suwannee.
Dougherty, Chas., of Volusia.
Ellis, F. H., of Alachua.
4
Epperson, W. J., of Levy.
Fee, Fred, of St. Lucie.
Floyd, C. H. B., of Franklin.
Fortner, G. R., of Polk.
Goldstein, Harry, of Nassau.
Gornto, J. M., of Lafayette.
Gray, R. A., of Gadsden.
Hanson, J. A., of Lake.
Harper, J. T., of Escambia.
Hendry, L. A., of Lee.
High, John, of Hamilton.
Igou, W. M., of Lake.
Jennings, T. A., of Escambia.
Jennings, W. P., of Hamilton.
Knight, Peter T., of Monroe.
Lake, Forest, of Orange.
Lamb, J. P., of Suwannee.
Leslie, M. L., of Madison.
Littell, C. P., of Pasco.
MacWilliams, W. A., of St. Johns.
Matthews, C. S., of Bradford.
McClellan, A. J., of Calhoun.
McClellan, J. A., of Jefferson.
McKenzie, Henry, of Putnam.
McKenzie, R. L., of Washington.
McLeod, W. A., of Santa Rosa.
Middleton, W. S., of Putnam.
Millinor, R. L., of Madison.
Ogilvie, A. S., of Nassau.
Porter, R. B., of Jefferson.
Reaves, 0. K., of Manatee.
Reddick, J. C., of Holmes.
Rivers, L. W. A., of Columbia.
Robinson, S. A., of Orange.
Rogers, R. F., of Marion.
Scofield, G. W., of Citrus.
Sheppard, J. L., of Gadsden.
Singletary, W. J., of Jackson.
Smith, J. S., of Clay.
Somerville, Hugh, of Hillsboro.
Stewart, R. B., of Brevard.
Stringer, F. L:, of Hernando.
Summers, W. S., of Liberty.
Terrell, Glen, of Sumter.
5
Tidwell, J. H., of Jackson.
Tomlin, R. R., of Hillsboro.
Wall, L. D., of Bradford.
Ward, Geo. W., of Walton.
Warren, J. M., of Monroe.
Watson, J. W., of Dade.
Wells, A. S., of Leon.
West, T. F., of Santa Rosa.
Wilson, E. A., of St. Johns.
Winthrop, F. B., of Leon.
Mr. J. G. Kellum, Chief Clerk, announced a quorum
present.
Mr. Dougherty, of Volusia, moved that the House pro-
ceed with a permanent organization by the election of a
Speaker, Chief Clerk, other officers and attaches.
Which was agree to.
Mr. Eugene S. Matthews, of Bradford, nominated Hon.
T. A. Jennings, of Escambia County, for Speaker.
Upon call of the roll the vote was:
For T. A. Jennings, Speaker-
Messrs:
Acree, of Osceola.
Angle, of Polk.
Blanton, of Taylor.
Brown, of Columbia.
Brown, of DeSoto.
Bullock, of Marion.
Butler, of Palm Beach.
Butler, of Duval.
Cade, of Volusia.
Causseaux, of Wakulla.
Chase, of Duval.
Colson, of Alachua.
Combs, of Baker.
Dorman, of Suwannee.
Dougherty, of Volusia.
Ellis, of Alachua.
Epperson, of Levy.
Fee, of St. Lucie.
Floyd; of Franklin.
Fortner, of Polk.
Goldstein, of Nassau.
Gornto, of Lafayette.
Gray, of Gadsden.
6
Hanson, of Lake.
Harper, of Escambia.
Hendry, of Lee.
High, of Hamilton.
Igou, of Lake.
Jennings, of Hamilton.
Knight, of Monroe.
Lake, of Orange.
Lamb, of Suwannee.
Leslie, of Madison.
Littell, of Pasco.
MacWilliams, of St. Johns.
Matthews, of Bradford.
McClellan, of Calhoun.
McClellan, of Jefferson.
McKenzie, of Putnam.
McKenzie of Washington.
McLeod, of Santa Rosa.
Middleton, of Putnam.
Millinor, of Madison.
Ogilvie, of Nassau.
Porter, of Jefferson.
Reaves, of Manatee.
Reddick, of Holmes.
Rivers, of Columbia.
Robinson, of Orange.
Rogers, of Marion.
Scofield, of Citrus.
Sheppard, of Gadsden.
Singletary? of Jackson.
Smith, of Clay.
Somerville, of Hillsboro.
Stewart, of Brevard.
Stringer, of Hernando.
Summers, of Liberty.
Terrell, of Sumter.
Tidwell, of Jackson.
Tomlin, of Hillsboro.
Wall, of Bradford.
Ward, of Walton.
Warren, of -Monroe.
Watson, of Dade.
Wells, of Leon.
West, of Santa Rosa.
7
Wilson, of St. Johns.
Winthrop, of Leon.
Mr. J. G. Kellum, Chief Clerk, announced the Hon. T. A.
Jennings elected Speaker.
Mr. MacWilliams moved that a committee of two be
appointed to escort the Speaker to the chair.
The Chief Clerk appointed Messrs. MacWilliams of St.
Johns and Eugene S. Matthews of Bradford to escort the
Speaker to the chair.
The Speaker being conducted to the chair, extended his
thanks to the House for the honor conferred upon him.
Mr. Eugene S. Matthews nominated Mr. J. G. Kellum
of Gainesville, Fla., for Chief Clerk.
Upon call of the roll the vote was for Mr. J. G. Kellum
for Chief Clerk:
Mr. Speaker.
Messrs-
Acree, of Osceola.
Angle, of Polk.
Blanton, of Taylor.
Brown, of Columbia.
Brown, of DeSoto.
Bullock, of Marion.
Butler, of Palm Beach.
Butler, of Duval.
Cade, of Volusia.
Causseaux, of Wakulla.
Chase, of Duval.
Colson, of Alachua.
Combs, of Baker.
Dorman, of Suwannee.
Dougherty, of Volusia.
Ellis, of Alachua.
Epperson, of Levy.
Fee, of St. Lucie.
Floyd, of Franklin.
Fortner, of Polk.
Goldstein, of Nassau.
Gornto, of Lafayette.
Gray, of Gadsden.
Hanson, of Lake.
Harper, of Escambia.
Hendry, of Lee.
High, of Hamilton.
8
Igou, of Lake.
Jennings, of Hamilton.
Knight, of Monroe.
Lake, of Orange.
Lamb, of Suwannee.
Leslie, of Madison.
Littell, of Pasco.
MacWilliams, of St. Johns.
Matthews, of Bradford,
McClellan, of Calhoun.
McClellan, of Jefferson.
McKenzie, of Putnam.
McKenzie, of Washington.
McLeod, of Santa Rosa.
Middleton, of Putnam.
Millinor, of Madison.
Ogilvie, of Nassau.
Porter, of Jefferson.
Reaves, of Manatee.
Reddick, of Holmes.
Rivers, of Columbia.
Robinson, of Orange.
Rogers, of Marion.
Scofield, of Citrus.
Sheppard, of Gadsden.
Singletary, of Jackson.
Smith, of Clay.
Somerville, of Hillboro.
Stewart, of Brevard.
Stringer, of Hernando.
Summers, of Liberty.
Terrell, of Sumter.
Tidwell, of Jackson.
Tomlin, of Hillsboro.
Wall, of Bradford.
Ward, of Walton.
Warren, of Monroe.
Watson, of Dade.
Wells, of Leon.
West, of Santa Rosa.
Wilson, of St. Johns.
Winthrop, of Leon.-70.
The Speaker declared Mr. J. G. Kellum elected Chief
Clerk.
9
Mr. Eugene S. Matthews nominated Hon. Glenn Terrell,
of Sumter County, for Speaker pro tem.
.Upon call of the roll the vote was for Mr. Glenn Ter-
rell for Speaker pro tem:
Mr. Speaker.
Messrs-
Acree, of Osceola.
Angle, of Polk.
Blanton, of Taylor.
Brown, of Columbia
Brown, of DeSoto.
Bullock, of Marion
Butler of Palm Beach.
Butler, of Duval.
Cade of Volusia.
Causseaux, of Wakulla.
Chase, of Duval.
*Colson, of Alachua.
Combs, of Baker.
Dorman, of Suwannee.
Dougherty, of Volusia.
Ellis, of Alachua.
Epperson, of Levy.
Fee, of St. Lucie.
Floyd, of Franklin.
Fortner, of Polk.
Goldstein, of Nassau.
Gornto, of Lafayette.
Gray, of Gadsden.
Hanson, of Lake.
Harper, of Escambia.
Hendry, of Lee.
High, of Hamilton.
Igou, of Lake.
Jennings of Hamilton.
Knight, of Monroe.
Lake, of Orange.
Lamb, of Suwannee.
Leslie, of Madison.
Littell, of Pasco.
MacWilliams, of St. Johns.
Matthews, of Bradford.
McClellan, of Calhoun.
McClellan, of Jefferson.
10
McKenzie, of Putnam.
McKenzie, of Washington.
McLeod, of Santa Rosa.
Middleton, of Putnam.
Millinor, of Madison.
Ogilvie, of Nassau.
Porter, of Jefferson.
Reaves, of Manatee.
Reddick, of Holmes.
Rivers, of Columbia.
Robinson, of Orange.
Rogers, of Marion.
Scofield, of Citrus.
Sheppard, of Gadsden.
Singletary, of Jackson.
Smith, of Clay.
Somerville, of Hillsboro.
Stewart, of Brevard.
Stringer, of Hernando.
Summers, of Liberty.
Terrell, of Sumter.
Tidwell, of Jackson.
Tomlin, of Hillsboro.
Wall, of Bradford.
Ward, of Walton.
Warren, of Monroe.
Watson, of Dade.
Wells, of Leon.
West, of Santa Rosa.
Wilson, of St. Johns.
Winthrop, of Leon.-70.
The Speaker declared Mr. Glenn Terrell elected Speaker
pro tem.
Mr. Eugene S. Matthews made the following nomina-
tions :
Assistant Chief Clerk-C. 0. Rivers, of Columbia.
Bill Clerk-C. C. Epperson, of Levy.
Reading Clerk-Nat. R. Walker, of Wakulla.
Assistant Reading Clerk- W. B. Lanier, of Duval.
Engrossing Clerk-Eli Futch, of Alachua.
Enrolling Clerk-Cullen W. Edwards, of Lafayette.
Recording Clerk-Chas. H. Gray, of Gadsden.
Sergeant-at-Arms-L. M. Griffin, of Calhoun.
Messenger-J. W. Edwards, of Jefferson.
11
Doorkeeper-T. J. Peavy, of Gadsden.
Chaplain-J. R. Taylor, of Gadsden.
Janitor-Eugene Hawkins, of Dade.
For Page-Wm. Richard, of Duval.
For Page-Uly Russell, of Leon.
For Page-Paul Stokley, of Lake.
For Page-Cason Walker, of Santa Rosa.
Mr. Eugene S. Matthews moved that all the officers
and attaches as nominated above be elected by acclama-
tion.
Which was agreed to.
All of the officers and attaches as elected came forward
and were sworn in by Mr. Justice Chas. B. Parkhill.
On motion of Mr. Dougherty of Volusia a committee of
three consisting of Messrs. Dougherty of Volusia, Rogers
of Marion, and Causseaux, of Wakulla, were appointed to
wait upon His Excellency, the Governor, and inform him
that the House was organized and ready to receive any
message or communication that he may be pleased to
make.
After a brief absence the committee returned and re-
ported that they had performed the duty assigned them
and were discharged.
A committee of three from the Senate, Messrs. Dayton,
Flournoy and Perkins, appeared at the bar of the House
of Representatives and announced that they were in-
structed by the Senate to inform the House that that body
was organized and ready to proceed to business.
On motion of Mr. Watson, of Dade, a committee of
three, consisting of Messrs. Watson, of Dade; Chase, of
Duval, and West, of Santa Rosa, were appointed to inform
the Senate that the House was organized and ready to
proceed to business.
After a brief absence the committee returned and re-
ported that they had performed the duty assigned to them
and were discharged.
Mr. Tidwell, of Jackson, moved that the rules of the
House of Representatives for the session of 1909 be adopted
for the use of the House until the Committee on Rules re-
ported otherwise.
Which was agreed to.
A message from the Governor was received.
Mr. Watson moved that the message from the Governor
be made a special order for tomorrow morning at 11
o'clock.
Which was agreed to.
Mr. Dougherty, of Volusia, moved that the House ad-
journ until 10:50 a. m. tomorrow.
Which was agreed to.
WEDNESDAY, APRIL 5, 1911.
The House was called to order by the Speaker at 10:50
a. m.
The roll being called, the following members answered
to their names.
Mr. Speaker, Messrs. Acree, Angle, Blanton, Brown
(Columbia), Brown (DeSoto), Bullock, Butler (Palm
Beach), Butler (Duval), Cade, Causseaux, Chase, Colson,
Combs, Dorman, Dougherty, Ellis, Epperson, Fee, Fortner,
Goldstein, Gornto, Gray, Hanson, Harper, Hendry, High,
Igou, Jennings, Knight, Lake, Lamb, Leslie, Littell, Mac-
Williams, Matthews, McClellen (Calhoun), McClellan
(Jefferson), McKenzie (Putnam), McKenzie (Washing-
ton), McLeod, Middleton, Millinor, Ogilvie, Porter, Reeves,
Reddick, Rivers, Robinson, Rogers, Scofield, Sheppard,
Singletary, Smith, Somerville, Stewart, Stringer, Sum-
mers, Terrell, Tidwell, Tomlin,' Wall, Ward, Warren,
Watson, Wells, West, Wilson, Winthrop-69.
A quorum present.
Prayer by the Chaplain.
Mr. Blanton moved that the reading of the Journal
be dispensed with for the remainder of the session.
Which was not agreed to.
Mr. Rogers moved that the reading of yesterday's Jour-
nal be dispensed with.
Which was agreed to.
Correction of the Journal.
The following telegram was read:
Washington, D. C., April 3, 1911.
Hon. T. A. Jennings,
Tallahassee, Fla.
Hope Legislature will promptly ratify income tax
amendment to Federal Constitution.
DUNCAN U. FLETCHER.
13
INTRODUCTION OF HOUSE RESOLUTION
By Mr. Dougherty, of Volusia.
House Resolution No. 1:
Resolved by the House of Representatives, That His Ex-
cellency, the Governor, be and he is hereby respectfully
requested to read his message to this House.
Be it further resolved, That the former order of the
House be set aside concerning the reading of the message
and that the hour for His Excellency to meet us be fixed
at 2:30 this afternoon.
Mr. Dougherty moved the adoption of the resolution.
Mr. Brown, of Columbia, offered the following resolu-
tion as a substitute for House Resolution No. 1, which
was pending:
Whereas, The consideration of the Governor's message
has been made the special order of the day for the hour
of 11 o'clock and realizing the importance of concert of
action of the House and Senate, therefore, be it
Resolved by the House of Representatives, That a com-
mittee be appointed by the Speaker to invite the Senate
to convene with the House of Representatives in joint
session for the purpose of inviting the Governor to honor
the Legislature by an oral delivery of his message.
Mr. Brown moved the adoption of the resolution. Pend-
ing the motion.
Mr. Brown withdrew his resolution by permission of
the House.
The question recurred upon the adoption of the resolu-
tion offered by Mr. Dougherty.
Which was agreed to.
Mr. Dougherty moved that a committee of three be ap-
pointed to wait upon the Governor and inform him of
the action of the house.
Which was agreed to.
Thereupon the Speaker appointed as such committee
Messrs. Dougherty, Watson and Matthews.
After a brief absence the committee returned and re-
ported that they had waited upon his excellency the
Governor, who accepted the invitation of the House to
appear before the house and deliver his message. The
committee was discharged.
By Mr. Dorman of Suwannee-
House Resolution No. 2:
Be it resolved by the House of Representatives, That
0
14
the Speaker be authorized to employ a Clerk to perform
such clerical services as he may direct throughout the
entire session.
Mr. Dorman moved the adoption of the resolution.
Which was agreed to.
By Mr. Ellis of Alachua-
Houso Resolution No. 3:
Resolved by the House of Representatives, That the
Sergeant-at-Arms be and he is hereby instructed to secure
distilled water for drinking purposes for the House of
Representatives.
Mr. Ellis moved the adoption of the resolution.
Which was agreed to.
By Mr. Gornto of Lafayette-
House Resolution No. 4:
Be it resolved by the House of Representatives, That
the messenger of this House be required, with the assist-
ance of the Journal clerks, hereinafter provided for, to
mail the daily Journals to such persons in the State of
Florida whose names and addresses may be furnished him
by the members of this House, such list of names not to
exceed fifty for each member of this House, and to cer-
tify to the Chairman of the Committee on Legislative ex-
penses the amount required for stamps, wrappers and
other expenses to carry out the provisions of this reso-
lution, which amount shall be paid from the same fund
and as other legislative expenses.
That there be elected by this House two competent
Journal clerks, whose duty shall be to assist the messen-
ger in carrying out the provisions of this resolution, said
clerks to receive the same per diem as other clerks em-
ployed by this House.
Mr. Gornto moved the adoption of the resolution.
Mr. Chase moved to lay the resolution on the table.
Which was not agreed to.
Mr. MacWilliams moved to amend the resolution by
striking out the word "fifty" and insert in lieu thereof
the word "twenty-five."
Which was not agreed to.
Mr. Chase moved to amend the resolution by striking
out the word "two" before the word clerks and insert in
lieu thereof the word "one."
Which was agreed to.
15
The question then recurred upon the adoption of the
resolution as amended.
Which was agreed to.
Mr. Wells of Leon moved that four thousand copies of
the House Journal be printed each day for distribu-
tion.
Which was agreed to.
By Mr. Terrell of Smpter-
House Resolution No. 5:
Be it resolved by the House of Representatives, That
the Sergeant-at-Arms procure from the Secretary of State
copies of the General Statutes of 1906 and of the Acts of
1907 and 1909 for the use of each member of the House
of Representatives, respectfully, and that the same be
placed on the desk of each member on his requisition for
the same; be it further-
Resolved, That the Sergeant-at-Arms shall return said
General Statutes and Laws to the Secretary of State at
the final adjournment of the Legislature.
Mr. Terrell moved the adoption of the resolution.
Which was agreed to.
By Mr. Robinson of Orange-
House Resolution No. 6:
Be it resolved by the House of Representatives; Section
1, That the Sergeant-at-Arms of the House is hereby di-
rected to have suitable hooks placed in the adjoining
rooms to the House of Representatives on which members
may hang their hats and overcoats.
Mr. Robinson moved the adoption of the resolution.
Which was agreed to.
The following message was received from the Governor:
State of Florida,
Executive Office,
Tallahassee, Fla., April 5, 1911.
Gentlemen of the Legislature:
I have the honor to submit to you for your consideration
the following Joint Resolution proposing an amendment
to the Constitution of the United States:
Resolved by the Senate and House of Representatives
of the United States of America, in Congress assembled
(two-thirds of each House concurring therein), That
the following article is proposed as an amendment to the
I
16
Constitution of the United States, which, when ratified
by the Legislatures of three-fourths of the several states,
shall be valid to all intents and purposes as a part of the
Constitution:
Article XVI. The Congress shall have power to levy
and collect taxes on incomes from whatsoever source
derived, without apportionment, among the several states,
and without regard to any census or enumeration.
The passage of the same is recommended.
This is a just measure. With the exception of taxes
derived from licenses and the tax recently imposed upon
the incomes of corporations, the revenue for the Federal
Government is derived from taxation upon consumption.
This proposed Constitutional Amendment will place a tax
upon wealth. Without the strong arm of the law no
one would be in a position to accumulate wealth. Having
accumulated wealth, without the strong arm of the law
no one would be in a position to enjoy the same. Wealth
should pay its just proportion of the expenses of the Gov-
ernment which makes the procurement and enjoyment of
the same possible. The main objection that I have seen
urged against the passage of such amendment is that the
Federal Government will be in a position to enforce a tax
upon the incomes derived from State, County and Mu-
nicipal bonds, thus impairing the credit of the States,
Counties and Municipalities. In the event of the adoption
of such a Constitutional Amendment, it is unnecessary to
state that no law providing for a tax upon incomes could
be passed without the votes of the Senators and Congress-
men. All of the Senators and Congressmen are residents
of a State; they are all residents of a County, and practi-
cally all of them are residents of a Municipality. An ob-
jectionable tax could not be imposed without the same
affecting every member of the Federal Senate and the
Federal House of Representatives. Self-preservation is
the first law of nature. These gentlemen will undoubtedly
conserve the interests of their states, their counties, and
their municipalities. Very respectfully,
ALBERT W. GILCHRIST,
Governor.
Which was read and referred to the Committee on Con-
stitutional Amendments.
17
INTRODUCTION OF CONCURRENT RESOLUTIONS.
By Mr. Causseaux of Wakulla-
House Concurrent Resolution No. 1:
Resolved by the House of Representatives, the Senate
concurring, That a committee composed of four (4) on
the part of the House and three (3) on the part of the
Senate, be appointed to visit, inspect and report on the
condition, management and needs of the Institute for the
Blind, Deaf and Dumb, located at St. Augustine, Florida.
Which was read the first time and went over under
the rules.
By Mr. Singletary of Jackson-
House Concurrent Resolution No. 2:
Resolved by the House of Representatives, the Senate
concurring, That a committee composed of three on the
part of the House and two on the part of the Senate, be
appointed to visit, inspect and report on the condition,
management and needs of the school for the Deaf and the
Blind, at St. Augustine, University of Florida, and the
Experiment Station, at Gainesville, the Florida State Col-
lege for Women and the Agricultural and Mechanical
College for Negroes, at Tallahassee.
Which was read the first time and went over under the
rules.
By Mr. Ward of Walton-
House Concurrent Resolution No. 3:
Be it resolved by the House of Representatives, the
Senate concurring, That a committee of five, consisting
of two members of the Senate and three members of the
House of Representatives, be appointed by the President
of the Senate and Speaker of the House of Representatives,
respectively, to visit, inspect and make report and recom-
mendation to the Legislature as expeditiously as possible
upon the matter of reclaiming the Everglades at Fort
Lauderdale, and all other points, and to examine fully
into, and make report thereupon, the acts and doings of
all persons connected therewith, and for such purpose
the committee is hereby authorized and empowered to
issue such notices and other process as may be convenient
or necessary.
Which was read the first time and went over under
the rules.
2-H
18
By Mr. Watson of Dade-
House Memorial No. 1:
A memorial to the Congress of the United States ask-
ing that an appropriation be made to improve New River,
Florida, and that a channel not less than twenty feet deep
be cut from the river, over the bar, out to the sea.
Which was read the first time and referred to the
Committee on Commerce and Navigation.
INTRODUCTION OF BILLS.
By Mr. Wall, of Bradford-
House Bill No. 1 :
A Bill to be entitled An Act to require all persons or
firms residing in this State doing business as a partner-
ship or firm to file with the Clerk of the Circuit Court of
the County in which their principal place of business is
located names of the person or persons composing such
firm or partnership and to require the Clerk of the Circuit
Court to keep a record of the same and fixing the Clerk's
fees for recording same and providing a penalty for the
violation thereof.
Which was read the first time by its title and referred
to the Committee on Judiciary "A."
By Mr. Wall of Bradford-
House Bill No. 2:
A Bill to be entitled An Act to enable the people of the
State of Florida to purchase school books as cheap as the
people of any State or Territory of the United States.
Which was read the first time by its title and referred
to the Committee on Education.
Mr. Floyd, of Franklin, by unanimous consent, intro-
duced the following:
House Concurrent Resolution No. 4:
Resolved, That a committee of three from the House
and two members from the Senate be appointed by the
Speaker of the House and the President of the Senate to
visit and inspect and report the condition of the Florida
Hospital for the Indigent Insane located at Chattl-
hoochee, Fla.
Which was read the first time and went over under the
rules.
19
Mr. Wells moved that the Reading Clerk be excused un-
til next Monday.
Which was agreed to.
Upon motion of Mr. Watson the House took a recess
until 2:30 p. m.
2:30 O'CLOCK P. M.
The House resumed its session.
Present:
Mr. Speaker, Messrs. Acree, Angle, Blanton. Brown
(Columbia), Brown (DeSoto), Bullock, Butler, (Palm
Beach), Butler (Duval), Cade, Causseax, Chase, Colson,
Combs, Dorman, Dougherty, Ellis, Epperson, Fee, Floyd,
Fortner, Goldstein, Gornto, Gray, Hanson, Harper, Hen-
dry, High, Igou, Jennings, Knight, Lake, Lamb. Leslie,
Littell, MacWilliams, Matthews, McClellan (Calhoun),
McClellan (Jefferson), McKenzie (Putnam), McKenzie
(Washington), MeLeod, Middleton, Millinor, Ogilvie, Por-
ter, Reaves, Reddick, Rivers, Robinson, Rogers, Scofield,
Sheppard, Singletary, Smith, Somerville, Stewart, String-
er, Summers, Terrell, Tidwell, Tomlin, Wall, Ward, War-
ren, Watson, Wells, West, Wilson.-69.
A quorum present.
Mr. Matthews moved that a committee of three be ap-
pointed to wait upon His Excellency the Governor and
inform him that the House was in session and ready to
receive him.
Which was agreed to.
Thereupon the Speaker appointed, as such committee,
Messrs. Matthews, Warren and McClellan, of Jefferson.
After a brief absence the committee returned, accom-
panied by the Governor.
The Speaker presented the Governor to the House, who
delivered his Biennial Message orally.
MESSAGE OF THE GOVERNOR.
EXECUTIVE OFFICE,
TALLAHASSEE, FLA., April 4, 1911.
Gentlemen of the Legislature of the State of Florida:
Section 9, Article IV of the Constitution: "The Gov-
ernor shall communicate by Message to the Legislature
at each regular session, information concerning the condi-
tion of the State, and recommend such measures as he
may deem expedient."
"CONDITION OF THE STATE."
The state of the condition of affairs in this State is as
satisfactory as is "the condition of the State." The State
and her people are progressing in every line of human
endeavor. The Government Census Report for 1910
showed an increase of population for the Nation at large
of 21.1 per cent, for Florida of 42.2 per cent. From the
foregoing it is quite apparent that thousands of people
in other portions of the United States and from the world
at large, consider that the climate, health, fertility of the
soil, social conditions and general resources of the State
are good roads to health, wealth, happiness and pros-
perity.
RECOMMENDATIONS
PRIMARY SYSTEM.
Statement of Candidates' Expenses-Contributions By
Others-Pledge Relative Appointment County Officers.
Second Primary Should Be Obviated-Ballot Might
Provide for Second Choice-Test of Right to Partici-
pate in White Primary.
The primary system of nominating officers by the Demo-
cratic party has, in my opinion, come to stay. The ex-
pense of the same is, however, quite burdensome, espec-
ially to the candidates for the offices of United States Sen-
ator and Governor. In the primary for the United States
Senate, held in May and June, 1910, the following were
the expenses incurred: (See Biennial Report of the Secre-
tary of State, commencing at page 251.)
N. B. Broward: Account of expenses filed May 20, date
of first primary and prior thereto, $6,507.14, of which
amount $575 was contributed; filed subsequently, $7,-
761.39, of which $55 was contributed; total amount ex-
pended by N. B. Broward, $14,268.53. Of this amount,
total amount contributed, $610.00.
James P. Taliaferro: Account of expenses filed May
20th and prior thereto, $18,364.24; filed subsequently
thereto, $10,748.79; total amount expended by James P.
Taliaferro, $29,113.03. Amount contributed, nothing.
Claude L'Engle was eliminated as the result of the first
primary. Amount expended by him, $3,698.75. Amount
contributed, nothing.
In the more recent primaries, the first of which was
held January 10, 1911, and the second January 30, 1911,
the following were the expenses incurred:
J. N. C. Stockton: Account of expenses filed December
31, 1910, $7,451.48, of which amount $3,125 was contrib-
22
uted. Filed January 20th, 1911, account of expenses filed
$8,786.96, of which $300.00 was contributed; total amount
expended by J. N. C. Stockton, $16,238.44; of this, total
amount contributed, $3,425.00. He was eliminated as a
result of the first primary.
W. A. Blount: Account of expenses filed December 29,
1910, $11,164.81; filed January 20, 1911, $5,464.29; filed
January 20, 1911, $926.02; filed February 10, 1911, $6,-
520.99; total expended by W. A. Blount, $24,076.11. Con-
tributed, nothing.
N. P. Bryan, the successful candidate: Account of ex-
penses filed December 31, 1910, $7,220.76; of which
amount $945 was contributed. Filed January 20, 1911,
$2,206.86; of which $1,875.00 was contributed. Filed
January 21, 1911, $2,944.87; of which $50.00 was contrib-
uted. Filed February 7, 1911, $5,229.45; of which $1,265
was contributed; total amount expended by N. P. Bryan.
$17,601.94. Of this amount, contributed, $4,135.00.
For the other positions the expenses were comparatively
light. For Congress in the First Congressional District
S. M. Sparkman, no opposition, $290.00; Second Congres-
sional District, Frank Clark, $890.30, contributed, noth-
ing; Lewis W. Zim, $1,135.49, of which amount $287.50
was contributed; Third Congressional District, D. H.
Mays, $1,119.05, contributed, nothing; J. F. C. Griggs,
$1,489.60, contributed, nothing.
For Justices of the Supreme Court, each $150.00. No
opposition.
For Railroad Commissioners: Newton A. Blitch, $295.
18; R. Hudson Burr, $359.09; W. K. Jackson, $445.70.
This report does not show the amount of money spent
by individuals and by county organizations. In politics.
there are people who always cast an anchor to windward
with the possibility of electing a Democratic President.
It is not only possible but quite probable that aggrega-
tions of men in each county contribute money to the cam-
paign in their respective counties, expecting to be paid
23
back in the office of postmaster or in other federal offices
It is also probable that there are numbers of men who con-
tribute towards the campaign of a candidate for Governor
and who work for each candidate with a view of securing
a lien upon a few loaves and fishes at the disposal of the
Governor, by appointment. It is possible not exactly to
sell out if he be a candidate for Governor, but for him to
be placed in a position such as makes it almost incumbent
upon him to give as a reward certain positions for aid and
assistance. The same would apply to a candidate for
United States Senator or for other offices.
It is recommended that no one be allowed to become
a candidate for Governor unless he pledges his honor to
fill county vacancies upon the recommendation of a pri-
mary or upon the recommendation of the Executive Com-
mittees of the respective counties. The Governor should
appoint his Private Secretary, the four Convict Inspec-
tors, Pure Food and Drug Inspector, Inspector of Feed
Stuffs and Fertilizers, and Supervising Inspector of Naval
Stores, as the salaries and the duties of these officers are
not such as to warrant their being placed in a primary.
In case there should be a Democratic President, each
postmaster should be recommended for appointment by
the Senators and Congressmen, upon a recommendation
determined by a local primary.
The amount stated in the expenses above enumerated
do not show the amount of money expended on Senatorial
candidates. For various reasons, individuals in different
counties and communities raise funds and expend them
for the candidate of their choice. Examining the account
of expenses, however, it shows that the expenses of the
second primary are nearly equal to those of the first. In
the second primary, there being only two candidates,
there is more or less rancor and sometimes bitterness. It
would be well to obviate the necessity of a second pri-
mary. In some States each elector votes for a second
choice. In Wisconsin there is one election, the highest
24
vote nominating. In South Carolina there are two pri-
maries, in case no one receives a majority in the first. In
that State the expenses of a candidate rarely exceeds
$5,000.00 to $6,000.00. In Georgia there is but one pri-
mary, instructed delegates being elected to a convention.
In the State of Washington, where there are less than
four candidates for the same office, a plurality elects.
Where there are four or more, each elector must vote for
a second choice. If any candidate receives forty per cent
or more first choice votes, he is declared the nominee,
provided only one receives such vote. If more than one
receives such vote, the one receiving the highest is de-
clared the nominee. If no one receives such vote, then
the one receiving the highest vote of first and second
choice votes is the nominee. A tie vote is decided by lot.
In the event of the adoption of the second choice ballot, I
would recommend that such second choice vote be rated at
one-half to two-thirds of the first choice vote. The ballot
is so arranged that there is absolutely no confusion or
difficulty in voting for the second choice.
As a matter of fact, our Primaries, though called Demo-
cratic Primaries, are generally white primaries, Demo-
crats, Republicans, Socialists, etc., vote in the same. The
party law submits it to Democrats. Every qualified white
elector who will abide the result of the primary should
be invited to participate. The party should invite others
to become members, rather than repel them.
Being a party question, some one might think that this
question is not for the consideration of the Legislature
representing all the people. I understand that every mem-
ber of this Legislature was nominated in a Democratic
primary. It will also be remembered that the present
primary law was necessarily passed by a former Legisla-
ture, all being Democrats.
Your attention is invited to a decision of Judge J. B.
Wall of the Sixth Judicial Circuit, relating to the con-
stitutionality of the manner in which the primary law
25
of 1909 was passed. A party was being prosecuted for
a violation of this law. It was contended by his
attorney that the statute passed the House of Representa-
tives under full title, but that when it was voted on in
the Senate, more than one-half the title, and that the
portion covering the penalty for the violation of the Act
had been left off, and the full title was afterwards restored
by the Joint Committee on Enrolled Bills. Upon inves-
tigation, Judge Wall found that this contention was sus-
tained by the facts and held that the Act had been passed
in violation of Section 16, Article 3 of the Constitution.
He therefore discharged the defendant from custody, as no
prosecution under the Act could be sustained. This case is
now pending in the Supreme Court upon appeal.
In voting, an elector is directed to place a cross (X)
in front of the candidate of his choice. This is considered
as being to the left of the name. Some few place this
mark to the right. Some inspectors throw out such bal-
lots. The courts have uniformly held that such ballots
should be counted. The law should make it mandatory
on the inspectors to count them. Whenever the wishes
of the electors can be determined from his ballot, the in-
spector should be directed to count the same.
CLOSING SALOONS PRIMARY DAY.
It appears that the provisions of Section 240 of the
General Statutes requiring barrooms to be closed on elec-
tion days is not broad enough to require the closing of
saloons on the days of primary elections. The enactment
of a law which will cover this matter is recommended.
26
DUE PROCESS OF LAW.
English Law of 1873 and Its Good Effects-Recommenda-
tions of American Bar Association-Delays Under Our
Present System-Recent Action of Florida Bar Asso-
ciation-Reform Advocated by President Taft, Gov-
ernor Hughes and Justice Brewer, and Adopted in
Several States-Due Process of Law Should Not Be
So Technical As to Force Judge Lynch to Act Without
Due Process of Law-Due Process of Law Should Not
Be so Construed As to Make the Denial of "Right and
Justice" a Virtue.
Section 12 of the Florida Declaration of Rights declares
that no one shall "be deprived of life, liberty or property
without due process of law," Under the operation of our
laws, Due Process of Law is always spelled with capital
letters. In Section 4, "Right and justice shall be admin-
istered without sale, denial or delay." The word "delay"
is always spelled with a small "d." "Right and justice
and delay" are always spelled with small letters when
they butt up against Due Process of Law. The result
of which is that people refuse to submit their cases to
Due Process of Law, if it is possible to compromise the
same by losing not more than one half. In criminal cases,
Judge Lynch is too often enthroned as the presiding
judge.
In 1873, the Parliament of England passed a law au-
thorizing the High Court of England to regulate all mat-
ters of pleading and practice. The rule adopted was sub-
stantially the same as that recommended by the American
Bar Association, quoted below. As the result of which
Judge Charles Amydon, of the United States District
Court of North Dakota, in an able speech, stated: "No
cause has appeared for the second time in an appellate
Court of England for more than thirty years." "During
the last seventy-five years, nowhere in the British Empire
has a man been snatched from the custody of the law and
}
27
sacrificed to mob violence." Burns well says that "it's
the fear of hell that holds the wretch in order." It is the
certainty of punishment which operates as a preventative
of crime.
In 1908, a committee of nine able lawyers recommended
to the American Bar Association the adoption of certain
amendments to the laws of the United States. These
recommendations were adopted and a committee was ap-
pointed to present the same before the proper committee
of Congress. The first of these is substantially the same
as that adopted by the English Court:
"No judgment shall be set aside or reversed, or new
trial granted by any court of the United States in any
case, civil or criminal, on the ground of misdirection of
the jury or the improper admission or rejection of evi-
dence, or for error as to any matter of pleading or pro-
cedure, unless in the opinion of the court to which appli-
cation is made, after an examination of the entire cause,
it shall appear that the error complained of has resulted
in a miscarriage of justice."
These proposed amendments furthermore provided
that:
"The trial judge may in any case submit to the jury
the issues of fact arising upon the pleadings, reserving
any question of law arising in the case for subsequent
argument and decision, and he and any court to which the
case shall thereafter be taken on writ of error shall have
the power to direct judgment to be entered either upon
the verdict or upon the point reserved, if conclusive, as
its judgment upon such point reserved may require."
I learn that the House of Representatives of the last
Congress passed a bill embodying these recommendations.
As the law now is, the Appellate Court might reverse
the lower court on a question of law, the question of fact
having been determined by the jury. The case then comes
up for trial on both the question of law and the facts. In
the meantime, many of the witnesses by whom the facts
28
were established have died, or moved away, or have for-
gotten.
The recommendation of the American Bar Association
also provided that:
"No writ of error returnable to the Supreme Court
shall be issued in any criminal case, unless a Justice of
the Supreme Court shall certify that there is probable
cause to believe that the defendant was unjustly con-
victed." Similar provisions were made for writs of error
returnable to the Circuit Courts.
Section 1698 of the General Statutes of Florida, refer-
ring to civil cases, states that all writs of error "shall
issue on demand as a matter of right," etc. Section 4045
states that "writs of error in criminal cases shall issue
as of right."
Under our laws, if an attorney so desires, it is almost
impossible to secure final judgment in less than seven or
eight months from the date of the conviction. In case of
a death sentence, all that is necessary is for the attorney
to take exceptions. Exceptions being overruled, sixty
to ninety days are allowed in which to prepare a bill of
exceptions. At the end of such time no writ of error is
sued out. The Governor issues the death warrant, re-
turnable within a reasonable time, say three or four
weeks.' Just before the date of execution, a writ of error
is sued out as a "matter of right." This writ is return-
able to the Supreme Court at its next term "unless the
first day of said next term shall be less than thirty days
from the date of the writ, when it shall be returnable to
a day in said next succeeding term, more than thirty days
and not more than fifty days from the date of the writ."
Then the Attorney General has thirty days in which to
make reply. Then the attorney for the defendant has
twenty days. If the Supreme Court is ready to hear
the case at once, it thus takes seven or eight months at the
shortest time to hear any such case. Suppose the writ
of error is taken out at the beginning of a term, return-
29
able to the next term, six months distant. It thus appears
that fully eleven or twelve months may be necessary in
order to hear the case. In the event the case should be
reversed on a point of law, by the time the case is tried
again the witnesses who have testified as to facts have
died or moved away or have forgotten. The facts in the
case, as well as the law, are at issue in the next trial.
Then, according to "Due Process of Law," not on account
of "right and justice," but for some error for which the
attorney is responsible, another long drawn out trial is
obtained, involving not only questions of fact, but ques-
tions of law. If a verdict of guilty is again obtained, it
goes before the Supreme Court again. Can you wonder
that on account of the "Due Process of Law," Judge
Lynch acts "without due process of law ?"
It is gratifying to know that at the last meeting of the
Florida State Bar Association held in February, 1911, at
Pensacola, Hon. Park Trammell, Attorney General, moved
the adoption of a resolution to be submitted to the Legis-
lature recommending substantially the law adopted by
the English Court, the same being practically the first
section recommended by the American Bar Association.
It is also refreshing to know that a man of the high legal
standing of Hon. W. A. Blount, President of this Associa-
tion, proposed as a substitute that which is practically
recommended in their first two sections by the American
Bar Association. I have been informed that this resolu-
tion and substitute were referred to the next meeting of
the State Bar Association by a vote of 22 to 18. I have not
the yea and nay vote on this reference. I would recom-
mend that these two propositions embraced in Mr.
Blount's substitute be considered in separate bills.
In Chapter 192, Laws of 1909, Wisconsin adopted sub-
stantially the first section recommended by the American
Bar Association, the same being practically that adopted
by the English Court. In Arizona, Connecticut, Indiana,
Kentucky and Ohio the practice is that a case will not be
30
reversed upon appeal unless it appears to the Appellate
Court that the judgment of the lower court resulted in an
injustice.
In his Message to the Legislature of New York in Jan-
uary, 1910, Governor Hughes wrote, "I urge upon your
attention the importance of simplifying the procedure of
our courts." He referred also to the necessity "to reduce
the importance of technicalities in litigation and to facil-
itate the speedy disposition of causes upon their merits."
In his Message to Congress in December, 1909, Presi-
dent Taft made reference to the action of the American
Bar Association, stating, "in my judgment, a change in
judicial procedure with a view to reducing its expense to
private litigants in civil cases and facilitating the dis-
patch of business and final decision in both civil and crim-
inal cases, constitutes the greatest need in our American
institutions." He stated, "The cruelty exhibited in lynch-
ings is directly due to the uncertainties and injustice
growing out of the delays in trials, judgments and the
executions thereof by our courts."
The late Justice Brewer of the United States Supreme
Court, in an interview published in The North American,
used language showing that he favored the English pro-
cedure.
In my opinion, this is one of the most important sub-
jects that could possibly engage the attention of this or
any other Legislature. I first invited attention to this
subject in the House of Representatives while a member
from DeSoto County during the legislative session of 1893.
We have progressed in every line of human endeavor.
Men objected at first to the substitution of the hum of
machinery for the loom, preferring the movement of deft
fingers. That objection has long since been removed.
Years ago, the great King David delighted most in riding
on an ass. Very few people now would insist on tying
a modern, well-equipped passenger train to the tail of
such an animal. Electricity has superseded the
31
candle and the light of pine knot fires. Yet our
courts are too often tied to the tail of what
was once the royal animal on which Blackstone,
the great King David of the lawyers, rode. Our courts
too often prefer the flickering and uncertain light of,
the tallow candles of precedent of years ago, to the elec-
tric light of "right and justice." Some people say that
our Supreme Court is not now technical and that no such
law as has been proposed is necessary. To all such, at-
tention is invited to that part of my message to the last
Legislature in which this subject was discussed. I could
get up enough data for a pretty good sized book, showing
decisions by which "Due Process of Law" has run rough-
shod over "right and justice." For illustration, take the
following:
In Mobley v. State, 57 Fla., 22, defendant was convicted
in the Trial Court of the larceny of a cow. The Supreme
Court reversed the judgment of the lower court and
awarded defendant a new trial on the ground that the
information charged the defendant with stealing a cow on
a certain day from H. T. Lykes, while the evidence intro-
duced at the trial showed that the defendant on the same
day stole a steer from the said Lykes. This was held by
the Supreme Court to be a fatal variance between the alle-
gations in the information and the proof on which the
verdict of guilty was obtained. Had this steer proved to
be a bull, there is no telling what effect it would have had
upon determining the decision of the court.
In Teston v. State, 50 Fla., 138, the defendant was con-
victed in the lower court of embezzlement, a felony, and
the judgment of the lower court was reversed by the
Supreme Court and a new trial awarded the defendant
on account of the ruling of the Judge of the lower court
sustaining an objection of the prosecuting attorney to cer-
tain questions asked by defendant's counsel of the State
witnesses on cross-examination.
In Frink v. State, 56 Fla., 62, the defendant was con-
32
victed in the lower court of embezzlement, a felony. The
judgment of the lower court was reversed by the Supreme
Court on the ground of erroneous charges to the jury by
the Trial Judge.
In Hampton v. State, 50 Fla., 55, the defendant was
convicted of manslaughter in the lower court, and the
judgment was reversed and a new trial ordered by the
Supreme Court, the Supreme Court holding that the
Judge of the lower court erred in denying the motion of
defendant to strike "the testimony of State's witness, J.
W. Evans, to the effect that his wife (the deceased) would
have eaten breakfast on the morning of the fatal opera-
tion upon her had she not been prevented by one of the
defendants, etc." The Supreme Court also held that it
was an error for the Judge of the lower court to sustain
objection by the State's counsel to the following ques-
tions propounded by defendant's counsel to State witness:
"Why did you do that? Was it because you thought my
friend Simonton was incompetent?" The Supreme Court
also holding as error the trial court permitting certain
questions to be asked on cross-examination by State's
counsel; also holding as error certain charges given by
the court below with respect to the right of the jury to
discard evidence which they did not believe and charges
of the lower court defining reasonable doubt.
All of the above are recent decisions by the Supreme
Court, and represent decisions on technical grounds in
cases appealed from only one of the forty-seven counties
of the State.
Section 4 of the Declaration of Rights provides that
"right and justice shall be administered without sale,
denial or delay."
Section 12 provides, "nor be deprived of life, liberty or
property without due process of law."
Which of these two sections should have precedence
over the other? If "Due Process of Law" defeats "right
and justice," causing "denial or delay," which should
prevail ?
33
STATE CONVICTS.
Annual Revenue From Lease-Apportionment of Pro-
ceeds to Counties-Withdrawal of Women and Infirm
Men From Lease-Low Death Rate in Convict Camps.
Objections to Convicts Working on Roads-Comparison
With Georgia System-State Entitled to Part of Con-
vict Revenue to Recoup Expenses of Prosecutions.
Part Should Also Be Applied to Hospital for Insane
and Payment of Public Debt.
The State convicts on March 2, 1909, were leased to
the Florida Pine Company of Jacksonville for a period
of four years, commencing January 1, 1910, at $281.60
each per year. Under this lease there was paid to the
State for the year 1910, $366,134.81. Deducting inciden-
tal expenses, salaries of Supervisors of Convicts, $10,000
appropriation for the State Reform School, etc., aggre-
gating for 1910 about $20,000.00, there is left some $346,-
000.00, all of which is apportioned to the various coun-
ties in proportion to their assessed valuations. The terms
and conditions of the lease are such that every suitable
means of protecting the interest and welfare of the con-
victs is provided for. As will be remembered, the con-
tract provides for the withdrawal of all female prisoners,
invalid male prisoners and such other prisoners who from
any cause may be deemed unable to perform reasonable
manual labor. The contract provides that after the with-
drawal of the said women and invalid men prisoners, the
lessees agreed tq pay an extra fifteen per cent on the said
per capital of $281.60 for the prisoners remaining in their
custody. This would make the price paid for those re-
maining in their custody $323.84 each. With the approval
of the Board of Commissioners of State Institutions the
female prisoners and the invalid male prisoners were with-
drawn, a special arrangement having been agreed upon
by the Florida Pine Company for their care at the expense
of said Company. Under the terms of this agreement,
S-H
34
the additional fifteen per cent is retained by said com-
pany.
During the year 1909 there were handled 1,705 prison-
ers; during 1910 there were handled 1,781 prisoners. Dur-
ing 1909 there were fourteen deaths. During 1910 there
were twenty deaths. The death rate per thousand for
1909 was 8.21; for 1910, it was 11.23. Considering that so
many are diseased before entering the camps, this is a
remarkably low death rate. In the registration area of
the United States, including the New England States,
New York, New Jersey, Delaware and the District of
Columbia, as shown by the United States census for 1900,
there were 17.8 deaths per thousand. I have no access to
the death rate as shown by the United States census for
1910.
Some think it would be well to use the convicts in road
building as is done in Georgia. This system has some ob-
jectionable features. I have examined somewhat into the
Georgia system. In some of the counties, especially those
in which there are cities, the longer term State convicts
are assigned for work in such cities. The shorter term
convicts are used in the construction of roads in the coun-
try. In some counties, in which there are no such cities,
the long and short term men work on the roads. I exam-
ined a convict road camp in one of the counties of Georgia.
In these camps, the men sleep in a movable car placed on
four wheels, with bars, constructed very much in the man-
ner in which a car is constructed in which animals are
conveyed around in the various menagaries forming a
part of the circuses showing throughout our State, with
this exception: in the circus cars there are usually only
one or two animals. In the convict cars, there are some-
times ten or twelve convicts. They are shackled and con-
nected with a chain at night. On Sundays they rest under
a canopy. Those who are not trusties are shackled and
are attached to what is known as a log chain. Those
whom I found located in a city were in comfortable quar-
ters, with good beds, and apparently as well cared for as
those in the convict camps of Florida.
I hardly think that it is fair for a long term convict
to be required to spend eight, ten or more years in such
cramped-up quarters. Such movable carriages on roads,
in road building are absolutely necessary, else if the con-
victs had permanent quarters they would necessarily
consume all the time in going to and from work.
From an economical standpoint such a road system
would not be advisable. Able-bodied convicts under the
present lease will bring $323.84 per year, guards, good
clothing and medical attention being furnished by the
lessee, together with transportation from the place of con-
viction. The same amount of money expended in free
labor would probably produce better results than if the
convicts were placed on the roads. In my judgment, the
convicts would fare better in the present permanent con-
vict camps than they would, if used in such temporary
quarters. It might be well for a committee of the Legis-
lature to visit a Florida Convict Camp and also to visit
a convict camp in the neighboring State of Georgia. If
the object in placing the State convicts on the roads is
the amelioration of the condition of the convicts, actual
observation of the conditions existing in Georgia and in
Florida might result in a change of opinion. If the inten-
tion of those desiring such a change is to have more roads
built, better results would probably be obtained if the
law was such that the money proportioned to the counties,
should be spent exclusively in the construction of good
roads.
Considering that one-half of the time of a Circuit Judge
is devoted to criminal cases, then one-half of the salary
paid said judges, with the salaries of Prosecuting Attor-
neys and the amount paid out by the State for jurors and
witnesses in criminal cases would represent an annual
expenditure by the State of between $125,000 and $130,000
on account of criminal prosecutions. The receipts from
36
the lease of such convicts for the year 1910 amounted to
$366,134.81. I submit that a part of this money, say
$50,000, should be by law paid to the State, the money
so received to be expended at the Hospital for the Insane.
It would be well if $25,000 to $50,000 more should be
allowed the State, to be expended in taking up the bonded
indebtedness of the State.
PUBLIC DEBT.
The public debt of the State consists solely of refund
bonds amounting to $601,506.00, bearing interest at the
rate of 3 per cent per annum. They are all held by the
State Board of Education.
STATE PRISON FARM.
Eight Thousand One Hundred and Fifty-Four and Five-
Tenth Acres Purchased-Option Taken on 7,445 Acres.
Price, $5.00 Per Acre-Eventually a Second Hospital
for the Insane Might Be Located on Some of This Land.
The Land is Well Adapted for Location of a Reform
School.
Chapter 5941, Acts of 1909, appropriated $50,000.00 for
the purchase of a tract of land to be used as a State
Prison Farm, and directed the Board of Commissioners
of State Institutions to select and purchase same. For
this purchase several tracts of land were offered and
investigated. After careful examination the Board pur-
chased 8,154.50 acres at $5.00 per acre, situated in Brad-
ford County near Ellerbe and Raiford. The Board took
an option on 7,445.50 acres more at the same price, sub-
ject to action of the Legislature in appropriating money
for the purchase of the same. This land is conveniently
located to railway facilities. The Atlantic Coast Line
Railroad runs along one side of it. There is a station,
Ellerbe, on the land. The Seaboard Air Line Railroad is
37
three to four miles from the tract. The land is slightly
rolling, well drained, underlaid with clay. I consider it
as fine a patch of land as can be secured. The Board
recommends the purchase of the entire acreage. This
land is suitable for the production of staple products,
such as Sea Island cotton, corn, sugar cane, etc., vege-
tables and strawberries, potatoes, etc. In fact, I regard
it as a splendid piece of property. Eventually, in my
opinion, the convicts of the State will be placed upon this
or some other lands. In case it should ever be decided to
remove the Reform School, it could be placed upon this
land, as the boys at such school could be of much assis-
tance in the production of strawberries and early vege-
tables. Of the 1,800 acres of land owned by the State at
the Hospital for the Insane, there is scarcely ten per cent
suitable for cultivation. As Florida increases in popula-
tion it may be decided to locate another hospital in some
other portion of the State. If so, it would be well to lo-
cate the same on some of these lands. The lands of good
quality in the immediate vicinity of this hospital are not
of such quantity as to give sufficient employment to those
patients of the hospital who would be glad to do some
manual labor and to whom such work would be a God-
send. However, if after purchasing the same it should
be decided that the State does not need all this land, I
am satisfied that one-half of it can be easily sold for
enough money to pay for it all. In the event authority is
given for the purchase of the remainder, it is recom-
mended that a bill be passed authorizing the Board of
Commissioners of State Institutions to dispose of such
portions of it on such terms and for such price as the
Board may deem just and proper. This land is not a solid
tract, as there are several settlers owning land within its
limits. The Board might consider it advisable to dispose
of some of it with a view of purchasing lands so as to
solidify its holdings. It would be well for a committee
to examine this patch.
38
C-)
BOARD OF PARDONS.
Keeping of Minutes Started-Procedure at Board Meet-
ings-Impositions Upon the Board-Present Policy of
Investigating Applications Appearing to Possess Merit.
Applications Considered in Executive Sessions of
Board-Power to Pardon is Wise and Should Be Exer-
cised in Certain Cases-Summary'of Pardons Granted
in Last Two Years.
At the first meeting of the Board of Pardons under the
present administration, a suitable record book was pur-
chased in which the Secretary was instructed to keep full
and accurate minutes of the Board's proceedings. As the
cases are presented, I take down, in a book, the salient
points of the applications. As some of these cases are
rejected and applications on behalf of the same parties are
later re-submitted, I find this book of valuable assistance.
In many instances, as the alleged evidence is being pre-
sented by an attorney, I write down about as follows:
"The Grand Jury who indicted this prisoner, the Petit
Jury who convicted him, the Prosecuting Attorney and
the Judge who passed sentence should all have been sent
to the penitentiary for being parties to such a miscarriage
of justice." In these presentations it has been apparent
to me that though the attorneys may recognize the fact
that there is "the truth, the whole truth and nothing but
the truth," still the applications for pardon are not
always based on such principles.
No disparagement of the legal profession is intended.
It is second only to the ministry. To the lawyers the peo-
ple must look for protection of their lives, their rights,
their property and their pursuit of happiness. There is
no better citizen than a high-toned lawyer. Nor is this
any disparagement of the pardon attorney, for he often
presents a case as it is submitted to him.
The Board has been sometimes imposed upon. We have
adopted the practice now of referring those applications
39
which seem to possess merit to the various officers of the
trial court and to others for the procurance of informa-
tion which will guide the Board. The officers of the
courts of whom we ask information seem to realize that
the Board is trying to act in conjunction with them and
trying to respect them. I regret to state, however, that
there are one or two State Attorneys from whom it seems
absolutely impossible to secure any information.
Heretofore, it seems that as an application for pardon
was presented it was the custom of the Board to consider
the same in the presence of the attorney for the applicant
and in the presence of such friends and relatives of the
applicant as were in attendance. The embarrassment of
a member of the Board in refusing a pardon under such
conditions can be imagined. Especially would this be
embarrassing if some member of the Board would speak
out promptly and express himself as being in favor of
granting such application; this being done, too, on ex
parte hearing.
The policy now adopted is to consider all applications
for pardon in executive session. After the Board has
been deceived several times, by acting too hastily on appli-
cations for pardon, it finally became the fixed policy of the
Board to refer the statement of facts presented, where no
certified copy of the-evidence at the trial is obtainable, to
the various officers of the court and to citizens who can
be relied upon to furnish proper information. Upon all
the information thus obtained, the Board either grants
or denies the application for pardon, as the circumstances
demand.
In some cases, however, where a party has served a suf-
ficient length of time, and has a good prison record, show-
ing evidence of reform worthy of pardon, pardons were
granted, regardless of the nature of the offense. Punish-
ment should be meted out as retributive, preventive and
reformative. I have seen some notices in the press in
which the position is taken that no pardons should be
40
granted. I disagree with such sentiment. The bright
beacon of hope should be held out to all prisoners, giving,
them to understand that a pardon will be granted upon
proper behavior and upon their showing by their actions
that they have endeavored to reform themselves, so that
in case their freedom is granted they will become worthy
citizens.
It should also be borne in mind that theoretically the
criminal laws of our State are uniform, but in their prac-
tical operation they are not. For the same offense the
same Judge, if he should be irritated or nervous, will give
a greater punishment than he would under other condi-
tions. Different Judges will give degrees of punishment
different from other Judges for the same offense. This
may be due to the temperament of the Judge, or to his
physical condition at the time he passes sentence. The
color of local sentiment oftentimes has its weight upon
the Judge. However, the pardoning power is as necessary
to the criminal side of law as a Court of Equity is to the
civil side. So far as the present Chief Executive is con-
cerned, it is his desire not to grant fewer or more par-
dons than were granted during other administrations;
but to feel that the pardons granted were proper to be
granted.
Since the convening of the Legislature in regular ses-
sion in 1909, there have been presented to the Board of
Pardons applications for clemency on behalf of 327 separ-
ate convicts. Owing to the fact that some applicants
have caused their petitions to be re-submitted one or more
times after same had been denied, the Board of Pardons
has during the two years heard and passed upon 491 pre-
sentations of applications for clemency.
Some measure of relief has been granted by the Board
in 104 of these applications. Two death, sentences were
commuted to life imprisonment, while eight applications
for commutation of death sentences were denied; four
full pardons were granted in cases where the Board was
41
unanimous in feeling that the conviction of the parties
had been a miscarriage of justice; restorations to citizen-
ship were granted to nine persons, all of whom had pre-
viously been discharged from prison or satisfied the pen-
alty imposed, and were shown to be leading, useful and
law-abiding lives; in fifteen cases the prison sentences or
fines were commuted; costs were remitted in two cases.
and fines remitted in three cases. Conditional pardons
were granted to sixty-nine persons, the conditions of such
pardons being that the beneficiary should, after receiving
same, lead a sober, peaceable and law-abiding life, upon
violation of which the party was made subject to re-arrest,
and to suffer suchpart of the original sentence of the
court as had not already been suffered by him at the time
of the pardon. In seven cases, where it was shown to the
satisfaction of the Board that conditional pardons there-
tofore granted had been violated, such pardons were re-
voked, and the parties ordered recommitted to the State
prison to finish their sentences. Of the remaining 223
applications which were presented during the two years'
period, 206 were denied and seventeen are now pending
for further investigation and consideration by the Board
of Pardons.
In obedience to the requirement of Section 11, Article
IV of the Constitution, there will be communicated to the
Legislature without delay a report showing "every case of
fine or forfeiture remitted, or reprieve, pardon or commu-
tation granted, stating the name of the convict, the crime
for which he was convicted, the sentence, its date, and the
date of its remission, commutation, pardon or reprieve."
Such report will show, as to each case, the grounds upon
which the Board granted the pardon or commutation.
42
RELIEF FOR JIM HENRY.
Wrongfully Convicted of Crime and Sent to Prison.
Granted Full Pardon at State Attorney's Request.
Should Be Paid Sum State Received for His Labor.
Your special attention is invited to the case of Jim
Henry, a negro, who was granted a full pardon January
3, 1911. It appeared from the statements made by the
State Attorney who prosecuted this man and by other
officers of the trial court that Jim Henry was improperly
convicted. He was charged with assault with intent to
commit murder, duly tried and convicted, on circumstan-
tial evidence exclusively. A year and a half later satis-
factory evidence was furnished to the State Attorney
and other officers of the court, and by them transmitted
to the Board of Pardons, that Hepry had been unjustly
convicted. The real criminal was afterwards duly tried
and convicted on direct evidence and voluntary admis-
sions.
It is certain that Jim Henry was innocent of the charge
for which he was convicted and put in prison. Under the
lease of the S. A. Rawls Company, this prisoner put in
264 days' labor, for which the State was paid at the rate
of $207.70, thus earning for the State $150.21. He put in
365 days under the lease of the Florida Pine Company,
at the rate of $281.60. There has been paid to the State
for the services of this prisoner $431.81. I recommend
that this amount be appropriated out of the funds re-
ceived for the lease of State prisoners, for the use and
benefit of the said Jim Henry. It is needless to say that
he was granted a full pardon. I wrote to him telling him
to keep me posted as to his address, and that it would
not be necessary for him to employ a lawyer to represent
him in the collection of this amount.
43
PROBATION LAW.
Object is to Give First Offenders Chance to Reform.
Authorizes Courts in Their Discretion to Suspend Sen-
tence and Provides for Probation Officers-Summary of
Good Results Claimed for It.
"It is better to keep a man from becoming a criminal
than to make a criminal of him."
I recommend with slight modification the passage of
an Act now a law in fully twenty States, the same being
urged by the National Probation League. This act makes
it the duty of all courts having criminal jurisdiction "to
administer the laws with a view to the reformation of
such prisoners as have not, by their previous conduct
or by the character of their offense shown themselves to be
incorrigible or vicious criminals, and for this purpose
such courts are hereby authorized to suspend the imposi-
tion of sentence and place upon probation during his or
her good behavior," etc.
There are numerous safeguards provided. The appoint-
ment of Probation Officers is contemplated. It is claimed
that such a law will produce the following beneficial re-
sults:
1. "It will reduce crime by giving first offenders a
chance to reform instead of forcing them through impris-
onment into the ranks of the professional criminal."
2. "By reducing crime, it will also reduce the results
of crime, among which are poverty, disease and taxes."
3. "It will protect innocent wives and children who now
suffer by the imprisonment of those who are their only
means of support."
4. "It will require judges to deal with offenders as in-
dividuals instead of as a class, and will make the court
instead of a prison the reformatory."
5. "It will place the idea of reformation first, and it
should be in the treatment of the casual offender."
44
GAIN TIME FOR CONVICTS.
Should Be Based On Graduating Scale-Service For
Twenty Years With Good Conduct Should Secure Re-
lease From Life Sentence-Gain Time for County Pris-
oners.
Referring to Section 4140 of the General Statutes, in
which provision is made for allowing gain time to State
prisoners for good conduct, and for faithful service, it ap-
pears that other States use a graduating scale, increasing
gradually, so that after two or three years, the num-
ber of days of gain time will increase upon good be-
havior, the same to 'be forfeited by an attempt
to escape. Such should be our law. The said Sec-
tion should also be amended to provide that upon good
behavior, a convict sentenced for life shall receive his free-
dom at the expiration of twenty years service in prison.
For exceptionally good conduct, such as preventing es-
capes, the Board of Commissioners of State Institutions
should be authorized to allow a time credit of not exceed-
ing five years, or such time as the Legislature may deem
proper.
Some counties allow to county prisoners gain time for
good conduct and faithful service. Some counties do not.
All county prisoners should receive such gain time as a
matter of right. County prisoners should also be given
some moral or religious instruction. Under the contract,
this is done for State prisoners.
ALTERNATIVE SENTENCES.
It is recommended that a statute be enacted providing
that when a person is convicted of crime and there is
imposed uponhim by the court the alternative of paying
a fine or serving a term of imprisonment, such person
may, after serving a portion of such prison sentence, be
given such proportionate credit on the amount of the
fine as the period served bears to the period designated
@
45
in the court's sentence, and may be released upon pay-
ment of the remainder of the fine after such credit is de-
ducted. For instance, if a defendant is sentenced to pay
a fine of $100.00 or serve four months prison sentence,
he may, after serving two months, being one-half of the
prison sentence imposed by the court, be given credit for
one-half of the amount of the fine, and secure his release
from prison by paying the remaining one-half, $50.00, of
the fine, such amount to be paid as the original sentence
would have been paid. Such law should be operative
without reference to the Board of Pardons for commuta-
tion, or to any other authority.
STATE REFORM SCHOOL.
Appropriation To Be Increased-Change in the Law of
Commitment Recommended.
Your attention is invited to the report made by Hon.
W. H. Milton, President Board of Managers of the State
Reform School. This school is located within about three
miles of Marianna. His report will be submitted to you
in full by special message.
On the first of January, 1911, there were 124 inmates,
consisting of 26 white boys, three white girls, six negro
girls and 89 negro boys. During the years 1909-1910, 44
of the inmates were discharged as reformed, and on ac-
count of the termination of their term of commitment.
Twenty-five were placed on probation. There were 70
escapes, of which 52 were re-captured. "Of the children
who have been discharged as reformed, none have ever
been returned to the school, and the reports which we
receive of them indicate that they have derived great ben-
efit from the institution, and that they are making good
and honorable citizens. Of those who have been placed
on probation, three have been returned; and the reports
which we receive from them and the persons to whom
they are committed, show that they have derived much
46
benefit from their instruction in the school. There is
no doubt that the institution is doing a great deal of good
and that its beneficient influence will increase from year
to year. It would be a source of much more good if the
appropriations were sufficient to thoroughly equip the
school and enable the Board of Managers to employ a
larger corps of assistants. For the training of these boys
and girls of criminal dispositions it requires guards and
officials of more education than we can employ from the
meager appropriations heretofore made the school."
Your attention is invited to the fact that in a similar
institution having 200 inmates, the annual appropriation
for maintenance is $65,000.00, while such appropriation
for this school is only $10,000.00. I would state that all
appropriations for this school are made from the hire
"and lease of State convicts. Mr. Milton states in his
report that the school is in debt $5,000.00 for maintenance
for the last two years. He recommends that the law be
changed from a commitment for a specific length of time
to a commitment for an indefinite term, term to be lim-
ited upon the reformation of inmate and upon his arriv-
ing at the age of twenty-one.
Mr. Milton recommends, in his report, that the annual
appropriation for maintenance be increased from $10,000
to at least $25,000. To what extent this appropriation
should be increased, I am not' informed. From personal
inspection, I am satisfied that the amount now appropri-
ated is entirely too small. The boys and girls there need
more shoes, better clothing, more beds and better beds.
There should be better school facilities, better bathing
facilities, and better equipment generally.
47
JUVENILE COURTS.
Necessity for Same-Constitutional Amendment May Be
Necessary.
Many of the States have established courts for juvenile
offenders. Such courts should be established in Florida.
As our Constitution limits the number of courts to be
established, it may be considered necessary to amend the
constitution in this respect.
APPEAL BY STATE IN CRIMINAL CASES.
On all legal questions, the State should have the right
of appeal in criminal cases. Sometimes one judge will
hold a statute unconstitutional or will interpret same dif-
ferent from another judge. In order for the laws to oper-
ate uniformly and to prevent miscarriage of justice, the
State should have the right of appeal.
LARCENY AND KINDRED CRIMES.
Should Be Combined In One Offense to Avoid Miscarriage
of Justice.
There should be legislation combining in one offense
the present separate crimes of larceny, embezzlement and
obtaining money under false pretenses. The distinction
between these crimes is shadowy and elusive, and present
grave danger of miscarriage of justice. In all essentials
the crimes are the same and can well be assimilated.
Other States have obliterated the distinction with good
practical results. Such enactment would be in line with
the enlightened spirit of the age. Any danger to the ac-
cused, by way of possible surprise, may be eliminated by
conferring upon him the right to a bill of particulars, if
desired.
As an illustration, the case of Neal v. State, 55 Fla.,
140, may be cited. In this case, a washerwoman found in
48
the clothes sent to her for cleaning a bag containing over
$2,000.00 in paper money. This she did not return to its
owner, and was indicted and convicted for embezzlement.
The case was appealed to the Supreme Court. Four of the
six Justices of the Supreme Court decided that embezzle-
ment had been proved, and affirmed the judgment of the
lower court. Two Justices of the Supreme Court, how-
ever, dissented, on the ground that the facts of this case
constituted larceny and not embezzlement. Had a ma-
jority of the Supreme Court considered this was larceny
and not embezzlement, the judgment of the lower court
would have been reversed. As the washerwoman had
been acquitted of larceny by the jury, had the case been
reversed she would have gone scot free.
If the six Justices of the Supreme Court, with a house
full of law books and unlimited time in which to consider
the case, divided, four to two, as to whether this was em-
bezzlement or larceny, what could be expected of the six
lay jurors, unfamiliar with these fine distinctions, and
with only a few minutes to dispose of the matter?
TAXATION.
Railroad Property Assessed by Comptroller, Treasurer
and Attorney General-Assessed Valuation of All Per-
sonal Property $33,689,074; Actual Value of All Per-
sonal Property Between $300,000,000 and $400,000,000;
Assessed Valuation of All Property $177,723,981-Ac-
tual Value is Nearer $1,000,000,000-Valuable Informa-
tion From International Tax Association-Valuable
Report of Rhode Island Commission-Defects and
Weaknesses of General Property Tax-Necessity for
Amending Section 1, Article IX of the Constitution.
Taxation of Intangible Property-Revision of Florida's
Revenue Laws Needed-Failure To Do So May Force
An Extra Session.
During the last session of the Legislature, there was
49
some discussion throughout the State in relation to the
operation of Section 46 of Chapter 5596, Acts of 1907.
Referring to that portion of the same relating to the re-
turns of railroads: "Such returns are made, or should any
such returns not be made, or should the Comptroller have
reason to believe that any return so made does not give
a complete and correct value of such railroad property, it
is hereby made the duty of the Comptroller, the Attorney
General and State Treasurer," after giving certain notice,
"to assess the same from the best information they can
obtain." As a matter of fact, the Comptroller has uni-
formly acted on the proposition that every return "so
made does not give a complete and correct value of such
railroad property." In every instance, the assessments as
to railroad, telegraph and Pullman Car Companies' prop-
erties was made by these three officers. It is erroneously
claimed by some that the Comptroller alone makes these
assessments. It may be interesting to know the valuation
placed per mile on some of the railroads in Florida. The
following is taken at random from the report of the Comp-
troller for the year 1910:
Atlantic Coast Line Railroad, Polk County, $7,250
per mile; Hillsborough, $8,000; Clay County, $7,000;
DeSoto County, $6,000; Bradford County, $5,000; Lake
County, Altoona District, $2,500; etc.
Seaboard Air Line Railroad, Duval County, $10,000
per mile; Hernando, $6,500; Leon, $6,500; St. Marks
Branch, $3,500; etc.
Louisville & Nashville Railroad, Escambia County,
$9,000; the other West Florida counties. $7,000; Yellow
River Branch, $5,000.
Florida East Coast, generally, $7,000; Enterprise
Branch, $3,000.
Georgia, Southern and Florida, $6,000.
Georgia, Florida and Alabama, $4,000.
Tampa and Jacksonville, $2,500
Apalachicola Northern, $3,300.
4-11
50
Florida, $3,400; Luraville Branch, $1,000; Alton
Branch, $2,500.
Live Oak, Perry and Gulf, $3,400; Alton Branch, $2,500.
Charlotte Harbor and Northern, $3,000.
Tampa Northern, $3,000 to $4,750, etc.
According to the report of the Railroad Commission of
the State of Florida, some portions of these roads are laid
being a license tax of $10.00 for each mile of track, includ-
ing main, branch and side tracks. (See pages 4 and 9,
Comptroller's Report.)
The telegraph lines are assessed at different valuations
per mile, depending on the number of wires per mile, for
one wire, $50; for two wires, $70, etc. The International
Ocean is assessed at $323,222; the Western Union at
with rails varying in weight from 35 pounds per yard to
90 pounds. In addition, the railroads pay $48,615.70,
$116,580.00; the Atlantic Coast Line Telegraph Company
at $23,715; the Postal Telegraph Cable Company at $26,
679. In addition, the telegraph companies pay a license
tax of 50 cents per mile of poles.
As to whether these officers have made a fair, relative
assessment or not, can be determined by yourselves from
the following:
It would probably be of interest to compare these as-
sessments with other assessed valuations throughout the
State. On pages 154-155 of the Comptroller's Report for
the year 1910, appears the following: Number of acres,
32,159,302; number of acres improved, 1,358,277. Valua-
tion, except town and city lots, $63,923,891. Valuation
of town and city lots, $49,924,905. From the foregoing, it
appears that the valuation of all lands in Florida, for tax-
able purposes, not owned by the State or the United
States, exclusive of city and town lots, and on which lands
are located all the orange, pecan, pear or other groves,
vegetable farms, houses, timber, phosphate and other min-
erals, plantations and other improvements, are valued at
$63,923,891.
51
In the Report of the Commissioner of Agriculture for
1909-1910, page 3001/, Table No. 9; total value of farm
products, $56,712,734. It will be observed that the follow-
ing nine counties made no report: Citrus, Gadsden, Lee,
Manatee, Monroe, Nassau, Osceola, Pasco and Putnam.
Deducting from this, the total value of the live stock, $23,-
967,501, leaves a balance of $32,745,233. Estimating
that the value of these products of the nine counties omit-
ted would probably average the same as these 38 counties,
the annual grand total of the farm products of the State,
exclusive of live stock, is $40,500,683.00. On page 329 of
the Report of the Commissioner of Agriculture appears
the following: "Mines and Mining, Cost of Material and
Value of Products, Total for State, Value of Work, includ-
ing Custom Work and Repairing, $53,074,905"-a number
of persons and corporations not reporting.
It will be observed that on page 3001/2 the total acreage
in cultivation is put at 1,157,546 acres, nine counties not
reporting. As before stated, the total assessed valuation
of the 32,159,302 acres of land in Florida is $63,923,891.
Considering also the value of the annual output of lum-
ber and of naval stores, any one can estimate whether the
value of the total output from the lands of Florida is not
equal to two or three times the total assessed valuation of
all the real estate in Florida, exclusive of city and town
lots. The value of the live stock in Florida for the 38
counties is shown on the same page to be $23,967,727.
Adding to this the proportionate value of such for the
other nine counties, $5,676,566, we have a grand total of
$29,644,293, in the Comptroller's Report assessed at
$7,069,067.
In the report of the Comptroller of Currency of the
United States for 1910, page 412, appears the following:
"September 1, 1910, Resources of Banks in Florida.
Forty-three National Banks, total resources, $44,563,-
618.41, in which appears the following: individual depos-
its, $25,837,662.94; capital stock, $5,750,800; surplus fund,
$2,219,980; undivided profits, $800,471.56."
52
In the report of the Comptroller of the State of Florida
for the year 1910, page 409, number of State Banks, 134;
resources, $23,320,825.53, on which page may be found
the following: Unpaid dividends, $19,566; deposits sub-
ject to check, $14,949,760.89; certificates of deposit, $2,-
168,982.58; certified checks, $37,148.26; cashier's checks,
$105,810.76; specie and currency on hand, $1,298,653.43;
checks and other cash items, $233,242.61; banking house,
furniture and fixtures, $861,054.75; other real estate
owned, $124,675.63; United States, State, County and
Municipal bonds, $696,269.36; other bonds, stocks and se-
curities, $626,851.33.
It appears from the foregoing that the resources of
banks, State and National, in Florida for the year 1910,
aggregate $67,884,443.94.
On page 5 of the Comptroller's Report of the State of
Florida for the year 1910 is a statement that on November
10, 1910, the deposits in the State Banks amounted to
$19,773,457.59. As previously shown, the deposits in the
National Banks amounted to $25,837,662.94. Total depos-
its in the State and National Banks for the year 1910,
$45,611,120.53. These reports do not show the deposits in
private banks, do not show notes, jewelry, bonds, stocks,
mortgages, merchandise, boats and the value of other
property held by individuals, yet the total assessed valua-
tion of all the personal property in Florida, excepting
animals, is $26,620,007.
Section 430 of the General Statutes defines personal
property for the purpose of taxation: "All goods and
chattels, moneys, effects, all boats and vessels, whether at
home or abroad, all debts due or to become due from sol-
vent debtors, whether on account, contract, note or other-
wise, all public stocks or shares in any incorporated or
unincorporated companies."
From the annual report of the Commissioner of Inter-
nal Revenue of the United States for the fiscal year end-
ing June 30, 1910, commencing on page 63:
53
Class A, financial and commercial corporations, in-
cluding banks, banking associations, trust companies,
guaranty and surety companies, title insurance compan-
ies, building associations for profit and insurance com-
panies not specifically exempt. For Florida, number of
returns received, 209.
Amount of capital stock ............... .$10,155,974.80
Amount of bonded and other indebtedness. 2,876,648.23
Class B, public service, such as railroads, steamboats,
ferry boats, stage line companies, pipe lines, gas and elec-
tric light companies, transportation and storage compan-
ies, telegraph and telephone companies. For Florida,
number of returns received, 142.
Amount of capital stock ................ $57,110,655.90
Amount of bonded and other indebtedness. 48,163,361.22
Class C, industrial and manufacturing, such as mining,
lumber, etc. Number of returns received, 372.
Amount of capital stock ................ $34,754,227.24
Amount of bonded and other indebtedness. 19,452,777.87
Class D, including all dealers in coal and lumber, grain,
etc. Returns received, 358.
Amount of capital stock ............... .$14,486,537.88
Amount of bonded and other indebtedness. 9,203,318.09
Class E, miscellaneous, architects, contractors, hotels,
etc. Number of returns received, 406.
Amount of capital stock ............... .$21,725,950.58
Amount of bonded and other indebtedness. 11,108,651.38
Total for corporations of all classes for each collection
district:
54
Number of returns received ............ 1,487
Amount of capital stock .......... ..$138,233,346.40
Amount of bonded and other indebtedness 90,804,757.79
Net income ...................... 8,928,425.36
How much of this stock and bonded indebtedness is
owned in Florida is not known. How much of the bonds
of other States, how much of the bonds and stocks issued
by corporations under the laws of other States and owned
by citizens of Florida, is unknown. How much of the
bonds and other forms of indebtedness issued by counties
and cities and owned by citizens of the State is unknown.
How much of notes, mortgages and other forms of indebt-
edness, owned by citizens of Florida is unknown. It is
safe to say that if the personal property, exclusive of ani-
mals, subject to taxation, was all assessed, the same would
aggregate between $300,000,000 and $400,000,000. Yet,
exclusive of animals, it is assessed at $26,620,007. The
Insurance Department of the State of Florida estimates
that the amount of fire insurance carried in Florida on
personal and real estate is fully $200,000,000. This is on a
three-fourths valuation for insurance, representing an ac-
tual valuation of $266,666,667. On page 323, Report of the
Commissioner of Agriculture, Manufactures, number of
establishments reporting, 3,778; "capital invested, includ-
ing lands, buildings, improvements, machinery, cash,"
$47,169,584-eleven counties not reporting. Assuming
relative amount of investments would apply to them, this
total would represent $61,582,785. The value of the fishery
products in 1908 was $3,389,000, $1,421,000 was invested in
boats and vessels. Yet the total cash valuation of all the
property in Florida is assessed at $177,723,981. It is quite
apparent that the full cash valuation of all the property
in Florida subject to assessment under our laws is much
nearer $1,000,000,000 than it is to the amount assessed.
I have invited your attention to the foregoing in order
that the relative valuation of property for taxation may
55
be known. It also corrects an erroneous idea as to the as-
sessors of certain property. It also demonstrates the ne-
cessity for wise legislation with reference to the assess-
ment of all property, more especially of personal prop-
erty. I have a very valuable report, being entitled "The
Second Report of the Joint Special Committee on the Tax-
ation Laws of the State of Rhode Island." Rhode Island
appointed a committee to attend the Fourth International
Conference on State and Local Taxation held under the
auspices of the International Tax Association at Milwau-
kee, Wisconsin, August 30th, September 1st and 2nd, 1910.
This committee analyzes the actions of that conference.
This committee quotes much from the doings of that con-
ference. The committee appointed by a previous confer-
ence to make this report to this conference stated: "All
the current discussion of the general property tax is con-
cerned with personal property. Therefore for the purpose
of the resolution the 'general property tax will be consid-
ered as a system of assessing each person for all the per-
sonal property he possesses and taxing this sum at the
same rate as real estate.'
"That the general property tax has broken down in
administration may be regarded as an established fact.
It is so asserted in the text of the resolution appointing
this committee and is acknowledged by both advocates
and opponents of the system. Our concern now is to say
whether this breakdown is due to inherent defects in the
system itself or to weakness in its administration."
Commenting upon the report of that committee, the
Rhode Island Committee says:
"The committee reviews the attempts which have been
made at stringent administration, citing in particular the
case of the State of Ohio, where, under extremely rigorous
provisions of law calculated to disclose personal property,
the amount of personalty valuation in the city of Cincin-
nati alone decreased from upwards of $67,000,000 in 1866,
in which year it exceeded the valuation of real estate, to
56
less than $45,000,000 in 1892, less than one-third the then
realty valuation. The amount raised by taxation in Ohio
in 1866 was nearly $3,000,000 more than it was one quar-
ter of a century later, while the amount collected in Ham-
ilton County, which contains the City of Cincinnati, was
nearly five times as great at the beginning of the same
twenty-five-year period as at the close. Universal con-
demnation and failure eventually resulted in the 'tax in-
quisitor' law being declared unconstitutional by the Ohio
Supreme Court."
"The committee quotes the opinions of investigating
commissions in nine States whose constitutions require
the general property tax. These reports all have been
made within the last five years, and in no case does the
investigating commission advocate a more strict enforce-
ment of the general property tax as a cure for the evils
which all have found to exist under this system. Each of
these States, with a single exception, has advised the aban-
donment of the attempt to tax all property at a uniform
rate and by the same method."
"The committee finds the breaking down of the general
property tax system attributable to two reasons, first:
because under modern conditions it cannot be enforced
extensively; second, because of a more or less conscien-
tious recognition of the fact that a strict enforcement
would result in a still greater injustice than now pre-
vails."
It would be well for the Committee on Finance and
Taxation of both Houses of the Legislature to carefully
read this valuable report. I shall endeavor to secure a
copy of the same for each member of the Legislature.
Our Constitution requires a general property tax.
Section 1, Article IX of the Constitution. "The Legis-
lature shall provide for a uniform and equal rate of taxa-
tion and shall prescribe such regulations as shall secure a
just valuation of all property, both real and personal, ex-
cepting such property as may be exempted by law for
57
municipal, educational, literary, scientific, religious or
charitable purposes."
It will at least be contended that the words "both real
and personal" do not embrace intangible property. It
may therefore become necessary to amend that section by
striking out those limiting words. During the Legisla-
tive session of 1905, I introduced in the House a proposed
constitutional amendment striking out these words. The
same passed the House but failed of passage in the Sen-
ate. The remainder of the section should also be amended.
It is quite apparent that the revenue laws of the State
require your earnest attention. In the event the Legisla-
ture should not have time to pass suitable tax laws, the
necessity for calling an extra session will be regretted by
me, as well as by the tax payers of the State.
FEDERAL INCOME TAX.
The Joint Resolution passed by the United States Con-
gress, proposing an amendment to the Constitution of the
United States, authorizing the Federal Government to
collect a tax on incomes, will be submitted to you in a
special message recommending its ratification.
GRADUATED INHERITANCE TAX.
Such a Tax is Just and Constitutional and Has Been
Adopted by Thirty-nine States-State is Entitled to
Share in Inheritance.
In my Message to the Legislature of 1909, attention was
invited to the fact that thirty-six States had passed a
law relating to a graduated inheritance tax. For the
year ending October 1, 1908, the inheritance taxes col-
lected in these States aggregated $11,720,795.49. On the
first of the year, 1911, thirty-nine States had passed some
such law. All of the Southern States have some such law
except Alabama, Florida, Georgia, Mississippi and South
Carolina.
58
As to the constitutionality of the inheritance tax, as
applied to this State, see favorable opinion of the Attorney
General, submitted in the message above mentioned. Such
a tax is just. The beneficiaries inherit by virtue of the
laws of the State. If they inherited by virtue of "divine
right," or, as in years ago, by virtue of the "big stick,"
or by a show of teeth, the beneficiaries would be under no
obligations to pay anything towards the administering
of the laws, by virtue of which they now receive such in-
heritance. The State spends much money in guarding
the health of its citizens, by virtue of which many grow
to manhood and womanhood and are enabled thereby to
accumulate this world's goods. The State spends much
money in teaching and training its citizens so as to make
them worthy of citizenship and better able to accumulate
this world's goods. The State spends much money in
protecting their lives and their property. There is no
just reason why the State should not receive a moiety of
inheritance. This tax should be rated as to consanguinity
of the beneficiaries to the deceased and should be progres-
sive as to the amount bequeathed.
I have secured copies of the laws of several States relat-
ing to the inheritance tax. It will afford me pleasure to
lend the same to any one seeking information as to such.
LAW AFFECTING AUTOMOBILES.
Should Require Annual Registration and License of
Motor Vehicles, Chauffeurs, Etc.-Suggestions From
Laws of Other States.
Section 1 of Chapter 5437, Acts of 1905, requires owners
of automobiles and other motor vehicles except railroads,
to file with the Secretary of State, with their names a brief
description of such motor vehicle, stating the horse-power
and the make. The registration fee is two dollars. Sec-
tion 12 of the same statute requires chauffeurs to register
with the Secretary of State and imposes a fee of two dol-
lars therefore.
59
Under this law, for 1909 and 1910 there were registered
1,660 automobiles, paying $2.00 each, a total of $3,320.00;
transfers of automobiles, 41 at $2.00, $82.00. Automobiles
previously registered, 734. Total number of automobiles
registered in Florida, 2,394. Registered chauffeurs, 210,
at $2.00, paying $420.00. Chauffeurs previously regis-
tered, 197; total number of registered chauffeurs.. 407.
Many States now have laws requiring annual registra-
tion of automobiles and other motor vehicles. The fol-
lowing features found in some of the State laws are sub-
mitted:
New Jersey.-There is imposed an annual tax of three
dollars on automobiles of ten-horse power or less; five
dollars on automobiles of eleven to twenty-nine horse
power, inclusive, and ten dollars on automobiles of thirty
horse power or more. An annual license tax of two dol-
lars is imposed upon each motorcycle. Persons regularly
engaged in carrying passengers for hire, by means of au-
tomobiles pay a license tax of one hundred dollars.
New York.-The annual licenses required by New York
are as follows: Five dollars for a motorcycle of twenty-
five-horse power or less; ten dollars for a motorcycle of
between twenty-five and thirty-five horse power; fifteen
dollars for a motorcycle of between thirty-five and fifty
horse power; twenty-five dollars for a motorcycle of fifty-
horse power. These licenses are in lieu of all other taxes.
Massachusetts.-The annual license taxes are as follows:
For every motorcycle, two dollars; for every commercial
motor vehicle used solely as such, five dollars; for every
motor vehicle of less than twenty-horse power, five dol-
lars; for every automobile of between twenty and thirty
horse power, ten dollars; for every automobile of between
thirty and forty horse power, fifteen dollars; for every
automobile of between forty and fifty, twenty dollars;
for every automobile of fifty horse power and above,
twenty-five dollars.
Wisconsin.-Annual licenses: two dollars for registra-
60
tion of each automobile, and a fee of one dollar, for each
motorcycle, and a fee of five dollars for garages.
Missouri.-Annual licenses: two dollars for each
motor vehicle of less than twelve horse power; three
dollars for each motor vehicle of between twelve and
twenty-four horse power; five dollars for each motor ve-
hicle of between twenty-four and thirty-six horse power;
seven dollars for each motor vehicle of between thirty-six
and forty-eight horse power; eight dollars for each motor
vehicle of between forty-eight and sixty horse power; ten
dollars for each motor vehicle of between sixty and sev-
enty-two horse power; twelve dollars upon each motor
vehicle of over seventy-two horse power.
TRUST COMPANIES.
Necessity for General Law on This Subject-Should Be
Required to Give Proper Security for Faithful Dis-
charge of Trusts.
Your attention is invited to the following quoted from
pages 6 and 7 of the Comptroller's Report:
"A trust company is a banking company with such
enlarged powers as may be given by the statutory provis-
ions that may be made in each State. There is no law
in this State providing for the organization of trust com-
panies, independent of the banking laws, and if organized
under the banking laws, they would be limited to the
transaction of such business only as banks in the State are
authorized to conduct.
"A trust company cannot be organized under the general
incorporation laws of this State, for the reason that any
such company would come within the provisions of the
special law relating to banking companies.
"Whenever a special law exists for enabling individuals
to organize banks, they cannot organize under a general
61
law providing for the creation of corporations. In this
State, there is a special law providing for the organiza-
tion of banks, and no corporation, by whatever name, can
be legally created under the general laws providing for
the creation of corporations with the right to conduct any
business that is included in the special laws relating to
banking companies or that has been established by law
and custom as pertaining to the banking business.
"To the extent that any charter granted under the gen-
eral corporation laws of this State seeks to authorize any
corporation by any name whatever to transact any part
of the banking business, the charter is void, as any such
provision is in direct conflict with the special laws of this
State providing for the creation and operation of bank-
ing companies."
It is quite apparent from the foregoing that a general
law in relation to the incorporation of trust companies
should be enacted. They should be required to give satis
factory security for the faithful performance of the trusts
entrusted to their care.
PRIVATE BANKS.
On page 8 of the Comptroller's Report may be found
the following:
"The private banks in the State are under the supervis-
ion of this office, but it is impossible to bring them into a
satisfactory condition when there is no law fixing the
amount of capital to be used in the business and prescrib-
ing regulations governing the business. Private banks
should be regulated or prohibited in order that the earn-
ings of the people, who deposit therein, may be safe-
guarded."
62
ACCOUNTING FOR PUBLIC MONEYS.
Payments Should Be Made to Proper Officer Promptly.
Penalties for Failure to Account Within Specified
Time Should Be Adequate.
Every State and County officer authorized to receive
and collect public money should be required to pay the
sums collected by them to the proper officer within ten
days after the first day of the month next succeeding the
day of receiving same. Failure to pay the same by the
end of the next succeeding month should operate as a
forfeiture of all commissions on the same. Failure to
make such payment by the end of the next succeeding
month should operate as a cause for removal. Most of
the shortages in the accounts of county officers are due to
small shortages, steadily increasing and eventually re-
sulting in a shortage of thousands of dollars, to the detri-
ment of the bondsmen and the tax payers, and to the dis-
grace of the officer. Bondsmen usually go on these bonds
without any compensation. They are entitled to the
strict enforcement of strict laws.
ACCOUNTING BY COUNTY TREASURERS.
Should Be Required to Render Itemized Statements,
With Proper Vouchers, Monthly, Under Sufficient Pen-
alty-Banks Should Be Required to Inform Authorized
Auditor As to Status of Official Accounts.
Your attention is invited to Sections 816-818 of the
General Statutes. Section 816 should be amended, so as
to require the County Treasurer to render to the State
Treasurer and to the County Commissioners and to the
County School Boards, and to the Trustees of the School
Districts, at their first meeting in each month, a
sworn statement showing itemized account of receipts
and disbursements for the previous month, showing by
certificates of the bank or banks the amount of money on
hand to his credit. He should also show the amount of cash
in his possession. For failure to do such, he should be
punished by making it unlawful for him to receive any
commission on receipts or disbursements for such period.
As such failures sometimes happen accidentally or may
sometimes happen with fraudulent intent, the penitenti-
ary term might also be inserted, to be applied by the court,
as the evidence warrants. In this connection, your at-
tention is invited to the fact that according to Section
4035 of the General Statutes, certain payments by the
Justices of the Peace and by the Sheriffs are required to
be promptly made. There is no reason why a similar law
should not apply to the County Treasurers. Banking in-
stitutions having State or county funds on deposit should,
upon demand of any officer authorized to audit the books
and accounts of such officer, be compelled to immediately
inform such officer as to the amount to the credit, at any
time, of such officer.
Whenever a County Treasurer, or other officer, is shown
to be short in his accounts, the Governor should be author-
ized to direct the Tax Collector to cease making any fur-
ther payments to the same, pending the order of the Gov-
ernor. During the month of March, 1911, the State Aud-
itor invited my attention to a shortage of fully $12,000 in
the accounts of a Treasurer of one of the counties. With-
out any law, I at once directed the Tax Collector of that
county to pay no more money to the said Treasurer. The
Comptroller was at once notified of said shortage. Had
the County Commissioners, monthly, examined the cash
statements and bank statements of said Treasurer, there
would have been no shortage.
COUNTY FUNDS IN BANKS.
Statute Similar to Law Relating to the Deposit of State
Funds Recommended.
It is recommended that a statute be enacted providing
for the deposit in banks of moneys under the control of
64
county officers belonging to the several counties, due pro-
vision being made for security of the deposits and for the
payment of interest. There should be a provision for the
county to receive the benefit of interest paid on moneys so
deposited. Such a law now exists (see Sees. 132 to 137,
General Statutes) for the deposit of money in banks be-
longing to the State. This law works very satisfactorily.
Within the last ten days, a report was submitted to me
representing that the County Treasurer of one of the
counties was being paid interest upon a deposit of funds,
belonging to said county, which were in his custody as
County Treasurer. Instead of the county receiving such
interest, the County Treasurer was appropriating it to
his own personal use.
FEE SYSTEM AS APPLIED TO SHERIFFS.
Sheriffs Should Be Paid Salaries, and Not Have to Hound
Down Petty Offenders to Make a Living-Fees for
Some Services Proper-Policy As to Requisitions.
Sheriffs should be paid salaries. These officials should
not be placed in a position, so that they will have to run
down unfortunate people for minor offenses, in order to
make a living. For the more serious offenses, their salar-
ies should be supplemented by fees. In civil cases, they
should also be paid fees.
POLICY As TO REQUISITIONS.
Since I have been Governor, I have refused to grant
requisitions upon other Governors or to honor requi-
sitions from other Governors, where comparatively
trivial offenses were charged, unless such offenses
were attended by circumstances of an aggravating
nature. My position can be illustrated as follows: A re-
quisition was received by me from the Governor of one of
65
the neighboring States for a man indicted, seven years
previously, for the illegal sale of liquor, in one of the coun-
ties of such State. I told the Sheriff, who presented the
requisition, that I would examine into the recent conduct
of this man, and that upon the result would depend my
action. I found that he had been living in this State for
several years, and was a farmer, making a good citizen.
The requisition was not honored. I have an absolute
sympathy for a poor, unfortunate who is being pushed to
the wall for some little minor offense, especially when
committed years ago. In fact, at my suggestion, a tenta-
tive understanding and agreement has been entered into
by myself as Governor with the Governors of Alabama
and Georgia to curtail the use of the process of requisi-
tions, where only minor offenses are involved.
TRUSTEES INTERNAL IMPROVEMENT FUND.
Superintendent of Drainage-Bonus for Extra Work Re-
duced, Saving Cost-Comparative Cost of Drainage
Work, Showing Decrease-J. C. Luning Elected Secre-
tary, and State Treasurer Made Custodian of Funds.
Suits to Enjoin Collection of Drainage Taxes Dismissed
By Agreement-Deferred Payments of R. J. Bolles To
Be Made Earlier Than Time Fixed in Bolles Contract.
Contract With Furst-Clark Construction Company to
Cut Approximately 200 Miles of Canals To Be Com-
pleted July 1, 1913-J. 0. Wright Elected Chief En-
gineeer of Drainage-Work in Everglades Involves
Drainage, Irrigation and Transportation Private
Land Owners,- East of Drainage District, Should Bear
Part of Expense-Policy of Trustees Is to Solidify.
Their Holdings.
At a meeting of the Trustees of the Internal Improve-
ment Fund, held on January 15, 1909, page 16, Minutes of
Trustees Vol. 8, the following resolution was adopted:
5-H
66
"Resolved, That after February 1, 1909, the bonus hereto-
fore allowed the parties operating the dredges, Okeechobee
and Everglades, be abolished and discontinued, and the
parties so interested be notified by the Secretary of the
Trustees, and that the Superintendent of Drainage, to be
elected by the Trustees, shall make his recommendation
affecting the question of allowing a bonus, when the
Trustees will make further arrangements as to paying a
bonus for extra work." The minutes do not show the con-
ditions of the bonus nor the amount heretofore paid per cu-
bic yard for such. However, under the previous administra-
tion, the dredges were given a task of 15,000 cubic yards
per month and all over 15,000 yards excavated, the crew
were allowed a bonus of one cent per cubic yard, to be
divided among the crew. Under the present administra-
tion, this bonus was allowed for the month of January.
For succeeding months it was reduced to one-half.- The
bonus paid to each of the two boats would probably
amount to $500.00 each per month. With four dredges
in operation, under the present administration, the bonds
at this rate would have aggregated about $2,000.00 per
month. This bonus was reduced one-half. A Superin-
tendent of Drainage was elected, having immediate
charge of the work. The cost of excavation, as stated in
the report of a joint Visiting Committee of the Legislature
of 1909, page 1601, Senate Journal, reviewed the cost
of the work, the figures being secured from John W.
Newman, engineer in charge. I quoted his report in my
Bi-ennial Message 'of 1909. He was not in a position to
give the cost, other than that which came under his obser-
vation relating to expense of operation, especially of the
crews. But very few people would imagine that the cost
of a crew on a freight or passenger train was the entire
cost of operating the railroad.
Under similar conditions, and under similar manage-
ment, the cost of the work, under the present administra-
tion, would have been less, on account of the bonus having
67
been cut in two, and on account of the relative use of
more dynamite in blasting rock under the present admin-
istration than under the preceding.
Your attention is invited to the following report of the
Secretary to the Trustees of the Internal Improvement
Fund, dated March 25, 1911. The introductory words are
omitted.
REPORT.
The dredge, Everglades, began work, July 4, 1906, and
excavated 915,156 cubic yards of material of all kinds and
moved 6.52 miles on the North New River Canal to Jan-
uary 1, 1909. (Beginning of present administration.)
The dredge Okeechobee began work on the 1st of April,
1907, and excavated 759,865 cubic yards of material of all
kinds and moved 6.72 miles on the North New River Canal
to January 1, 1909.
The total cost of constructing the dredges, Everglades
and Okeechobee and operating these dredges to January 1,
1909, was $275,374.59. The amount expended on construc-
tion of the dredges, Caloosahatchee and Miami up to Jan-
uary 1, 1909, was $31,577.80, making a total expenditure
of cost of construction of dredges and excavation of ca-
nals from the beginning of work, to January 1, 1909, of
$306,592.39. Deducting the amount received for the
dredges, Everglades and Okeechobee, $60,000.00, and the
proportionate amount received for the dredges Caloosa-
hatchee and Miami, $28,050.00, when these dredges were
sold to the Furst-Clark Construction Company, makes a
total of $88,050.00 received from the sale of dredges, leav-
ing the sum of $218,542.39 actually expended in drainage
operations from the beginning of the work until the first
day of January, 1909, at a cost of 13.1 cents per cubic
yard.
OPERATIONS FROM JANUARY 1, 1909, TO JULY 1, 1910.
The dredge, Everglades, excavated 436,901 cubic yards
of material of all kinds, and moved 4.67 miles in the North
68
New River Canal. This dredge was taken off the work, on
May 29, 1909, for repairs, and was not placed back, at
work, until the 1st of January, 1910.
(Note by the Governor: The dredge, Everglades, was
practically ruined, owing to the failure to use dynamite
in rock excavations, the entire strain being thrown upon
the dredge. The repairs cost $33,550.88. It was sold to
the Furst-Clark Construction Company for $35,000.00.
about the cost of repairing the same. In my opinion, fifty
per cent. or more of this entire amount should be charged
against the previous administration, thereby increasing
the cost of excavation under the same, and diminishing
the said cost, under the present administration.)
The dredge, Okeechobee, excavated 667,278 cubic yards
of material of all kinds, and moved 6.92 miles in the
South New River Canal.
The dredge, Miami, began work in May, 1909, and exca-
vated 481,355 cubic yards of material of all kinds, four-
fifths of which was rock, and moved 4.25 miles, in the
Miami Canal.
The dredge, Caloosahatchee, began work in July, 1909,
in the Caloosahatchee River, and was engaged the entire
period, in deepening, straightening, and in some instances
widening the Caloosahatchee River, and excavated 418,819
cubic yards of material of all kinds.
The total cost of completing the construction of the
dredges, Caloosahatchee and Miami, repairing the Ever-
glades and operating the entire force of dredges was
$307,533.06. Of this total expense $33,550.88 was ex-
pended in repairing the Everglades. Deducting this
amount and the proportion of the $85,000.00 received
from the sale of the Caloosahatchee and Miami to the
Furst-Clark Construction Company, $56,950.00, from the
total expenditure during this period, leaves the sum of
$217,032.18 expended in actual operations, at a cost of
10.8 cents per cubic yards for excavation.
69
OPERATIONS FROM JULY 1, 1910, TO MARCH, 1911.
In June, 1910, a contract was let to the Furst-Clark
Construction Company, of Baltimore, Md., to excavate
about 184 miles of canal in the Everglades, and they pur-
chased the dredges, Everglades, Okeechobee, Caloosa-
hatchee and Miami, paying the sums, respectively, of
$35,000.00, $25,000.00, $45,000.00 and $40,000.00 for the
same, the contract for excavation being 20 cents per cubic
yard for rock and 8 cents per cubic yard for excavation of
all other character of material. From July 1, 1910, to
March 1, 1911, they excavated in the-
North New River Canal................... 5.3 miles
Upper North New River Canal............ 3.72 miles
South New River Canal................... 1.70 miles
Upper South New River Canal............. 6.60 miles
Miami Canal ............................. 5.00 miles
Hillsboro Canal .......................... 1.74 miles
Total ............................... 24.06 miles
SUMMARY.
Number of miles of canal excavated by State to Jan-
uary 1, 1909-
North New River Canal................. 6.52
South New River Canal................. 6.72
Total ...............................13.24 13.24
Number of miles of canal excavated by State
from January 1, 1909, to July 1, 1910-
North New River Canal.................. 4.67
South New River Canal.................. 6.92
Miami Canal ........................... 4.25
"*Caloosahatchee ...................... .....
15.84 15.84
"*NOTE-It is impossible to estimate the rela-
tive number of miles of excavation by the dredge
Caloosahatchee.
70
Number of miles of canal excavated by Furst-
Clark Construction Company-
Upper North New River Canal........... 3.72
North New 'River Canal................. 5.3
Upper South New River Canal........... 6.60
South New River Canal................. 1.70
Miami Canal ........................... 5.00
Hillsboro Canal ...................... ... 1.74
Total ..............................24.06 24.06
Grand total of mileage of all canals exca-
vated to March 1, 1911 ................ 53.14
The total length of the canals now being constructed
is 205.79, leaving on March 1, 1911, 152.65 miles to be
excavated.
The Furst-Clark Construction Company excavated
2,309,869 cubic yards of material of all kinds from July
1, 1910, to March 1, 1911, at a cost of $241,148.12, making
the cost per cubic yard, 10.43 cents. Of this material re-
moved 469,655 cubic yards was rock and 1,840,214 cubic
yards was earth and all material other than rock. As
the work progresses, it shows that the percentage of rock
is gradually getting less. For instance, in July, 1910, the
cost of excavation per cubic yard was 11.38 cents; in Feb-
ruary, 1911, the cost of excavation per cubic yard was only
10.02 cents per cubic yard, and as the work nears Lake
Oleechobee, it is reasonable to suppose that the percentage
of rock will continue to be less, thus further reducing the
cost of excavation per cubic yard, making the cost per cu-
bic yard of the entire excavation, by the Furst-Clark Con-
struction Company, about 9 cents. As shown above, it
cost the State prior to January 1, 1909, 13.01 cents per
cubic yard for excavation; and from January 1, 1909, to
July 1, 1910, 10.08 cents per cubic yard, and as the work
of excavation advanced towards Lake Okeechobee, getting
farther and farther from the base of supplies, making it
more difficult to get supplies and fuel to the dredges, the
71
cost of excavation per cubic yard would have naturally
increased.
The fact, that it is being demonstrated, that by con-
tract the cost of excavation per cubic yard will in all
probability be about 9 cents, or 1.08 cents per cubic yard
less than the lowest figure that the State was able to do
the work for, unmistakably demonstrates the economy of
letting the contract, to say nothing of the matter of
greatly advancing the completion of the work, the con-
tract calling for the completion of same on or before June
25, 1913.
NOTE.-You will notice that in this estimate, the cost
per cubic yard for excavation for the period ending Janu-
ary, 1 1909, is given as 13.1 cents, and in a report made
to the Trustees on December 31, 1910, of the cost per
cubic yard, for excavation, during the same period, it is
given as 12.64, a difference of 0.46 cents per cubic yard.
This difference is caused by the fact that in the December
estimate, interest of $7,200.00 is figured on the investment,
no interest being included in this estimate. Interest was
likewise figured on the investment in the December, 1910,
estimate for operations from January 1, 1909, to July 1,
1910, and no interest is figured on the investment for the
same period in this estimate, nor is the sum of $33,550.80,
expended in repairing the Everglades, included in the es-
timate of December, 1910, which accounts for the differ-
ence given in the cost per cubic yard between that esti-
mate, and this of 0.22 cents, for the period ending July 1,
1910.
The figures of amount of excavation, given in this report,
are taken from reports submitted by Engineer John W.
Newman for the period ending January 1, 1909, by En-
gineer P. F. Jenkins for the period ending July 1, 1910,
and by Engineer J. O. Wright for the period ending March
1, 1911, these Engineers being respectively in charge of
the work during those periods.
Respectfully submitted,
J. C. LUNING,
Secretary.
72
The Secretary of the Trustees, Mr. W. M. McIntosh, Jr.,
was also Chief Clerk in the Comptroller's Office, which
position in the Comptroller's Office rendered it impossible
for Mr. McIntosh to give to the position of Secretary the
time and attention which was necessary. He was offered
the position of Secretary, with the understanding that he
was to resign any other position he might have. He de-
clined it. To such position, Mr. J. C. Luning was elected
in December, 1909. On December 3rd, 1909, the Comptrol-
ler, at his own request, was relieved of the duty of Treas-
urer, upon which it was resolved: "That the Treasurer of
the State of Florida be and is hereby declared to be the
custodian of all bonds, notes and securities of every kind
belonging to or held as security by the Trustees," etc.
On January 3, 1910, a memorandum of agreement was
entered upon by the Trustees and the Board of Drainage
Commissioners, hereafter referred to simply as the Trus-
tees, and Richard J. Bolles, and the representatives of cer-
tain land companies, and the Florida East Coast Railway
Company, by which it was agreed "that the suits of these
companies against the Drainage Commissioners to enjoin
the collection of the drainage tax now pending in the
Supreme Court of the United States shall be dismissed,
each party paying its own cost." "That the Land Com-
panies shall pay the drainage taxes assessed upon their
lands respectively for the years 1907-1912 inclusive," etc.
The said Richard J. Bolles agreed to pay his taxes in the
same manner and the said Bolles agreed to pay the notes
executed by him within the time specified, these said notes
having been made payable under the sale to him of Decem-
ber, 1908, so much annually, the last note being payable
in 1916. This agreement was to become binding upon the
Trustees and the Board of Drainage Commissioners, ac-
cepting a bid and entering upon a contract or contracts
for the performance of the drainage work herein contem-
plated. If no such contract was made, then the agreement
contemplated a "new conference" among the parties
73
thereto. The location and excavation of 200 miles of
canals, or less, was determined upon. The Trustees were
also to submit to the Legislature certain territory sub-
ject to tidal overflow and not capable of reclamation and
certain lands which were designated as a watershed and
reservoir constituting the fresh water supply of the City
of Key West and stations along the Florida East Coast Ex-
tension, the same not being capable of being drained. The
Governor was to request the Legislature to amend the
Drainage Act by eliminating these lands from the Drain-
age District. See Vol. 8, pages 301-310. Specific informa-
tion on this subject will be communicated to you later by
special message. On April 2, 1910, the tentative agree-
ment not having been ratified, the Trustees declared the
agreement abrogated, calling for another conference,
which conference was held April 7. The second agreement
was practically the Same as the former agreement, with
the exception that one certain canal which was repre-
sented in the first agreement was stricken out of the sec-
ond. This was the real object of the Trustees in calling
the second conference. The following appears in this
agreement, referring to said Richard J. Bolles: "And
that he will pay all of said notes within two years from
date, except a certain note for $100,000.00 due January,
1916." It might be stated here that on March 4, 1911,
the said R. J. Bolles appeared before the Trustees in rela-
tion to certain business matters and upon the necessity
being made known to him, he agreed to pay said note
within the time, in which the other notes were to be
paid. On June 15, 1910, agreeable to certain advertise-
ments, bids were opened for excavation of certain drain-
age canals in the Everglades. There were several bidders.
The Furst-Clark Construction Company of Baltimore
made the lowest and best bid for same, being 8.4 cents per
cubic yard for earth excavation and 20.2 cents per cubic
yard for rock excavation. A contract was finally let to
this company at 8 cents and at 20 cents flat, per cubic
74
yard. These parties agreed to take the dredges owned by
the Trustees at the price fixed upon by the Trustees in
the advertisement for bids. Mr. J. O. Wright, Chief En-
gineer of Drainage, stated: "As the work progresses, the
dredges will be going farther and farther from the base
of supplies and the cost of operating will increase. The
price submitted is probably less than it would cost the
State to do the work by owning and operating its own
dredges." This contract provides for the excavation of
fully 20,000,000 cubic yards, 184 miles of canals, this in
addition to the work already done, the same to be com-
pleted within three years from July 1, 1910. The Trustees
sold for a good price their dredges. Had they continued
the work themselves, these would eventually have been
so much junk. One of the dredges, the Everglades, was
repaired, repairs commencing June 21, 1909, costing $33,-
550.88, almost as much as a new dredge. The necessity for
this heavy repairing was due somewhat to the fact that
while operating in rock, dynamite was not used, or if used,
very scantily. The strain, therefore, was thrown largely on
the dredge. In addition to the cost of excavation being prac-
tically the same under the contract, or probably less, the
specifications under the contract calls for better work
than that done under the preceding or under the present
administration. This is embraced under specifications as
to slopes of the canals, width of the berms and as to the
dumps. These specifications relate beneficially to the
work done and add to the initial expense of the work. In
addition to this, the litigation as to the payment of taxes
was stopped, the parties agreed to pay the same from
1907 to 1912 inclusive, and R. J. Bolles agreed to make
all of his payments within that time, his notes all having
been distributed up to and including the year 1916. By
the terms of the contract, the 20,000,000 cubic yards are
to be excavated within three years commencing July 1st,
1910. By means of this contract, the work was largely
expedited. The work in the Everglades involves the
75
drainage and after drainage, irrigation and transporta-
tion. For irrigation and transportation, the Trustees are
having permanent locks placed in the canals. It is highly
probable that railroads will be built on the banks of the
canals. The railroads will, of course, pay for the embank-
ment and right of way, eventually diminishing the cost
of the canals. There are now employed in the work of
excavation six dredges. Within the next few months,
another dredge will be placed in commission. On March
1, 1911, the Dredge Everglades, being in the North New
River and going toward Lake Okeechobee was 34 miles
from the Dredge Caloosahatchee going Southeastward,
toward this dredge. They are approaching each other at
the rate of two and one-half or three miles per month.
Within twelve or thirteen months, it is safe to say that
the Atlantic Ocean will be connected by canals with Lake
Okeechobee. Lake Okeechobee has already been connected
by canal with the Gulf of Mexico. There are numerous
little streams also called rivers making from the Ever-
glades toward the Atlantic ocean. The Trustees realize
the necessity of having these various streams opened up,
into the Everglades as soon as possible. Many of these are
outside of the drainage area. There should be some law
passed by which lands to the Eastward of the present
drainage district should be taxed, in order that the cost of
opening up these streams may be borne by the land own-
ers of the property, in more or less close proximity to the
same. The opening up of these streams will be beneficial
to this property which is now untaxed. Of the lands sit-
uated in the Everglades now owned by private individuals
much of the same has been sold in small quantities, to
different individuals. The necessity for prompt reclama-
tion of these lands, in order that they may be more quickly
prepared for settlement and cultivation, is quite apparent.
Under the preceding administration, lands were sold in
alternate sections. As laterals will have to be constructed,
it is the policy of the present administration to solidify
their holdings as much as possible.
76
On the 19th day of February, 1909, the Trustees com-
pleted the purchase of one-half interest of the only out-
standing certificated lands, same having been certificated
years ago to the Palatka and Indian River Railroad Com-
pany, paying therefore for 67,500 acres at the rate of ten
cents per acre. The remaining one-half of the certificates
had been purchased by the East Coast Railway Company.
Afterwards, upon the advice of W. S. Jennings, Attorney,
and Attorney General, Park Trammell, that one-half pur-
chased by the East Coast Railway Company was conveyed
to said company, said company agreeing to pay up all
the drainage taxes. The idea was that the land was either
the property of this company or not. If it was, the
sooner the title was settled, the better it was for all par-
ties. The East Coast Railway Company agreed to take
the alternate townships instead of the alternate sections.
Their certificate called for the alternate sections. The
negotiations for the purchase of the alternate sections, by
the Trustees, was commenced under the previous adminis-
tration.
COUNSEL FOR TRUSTEES.
On October 28, 1910, several lawsuits, involving large
amounts of lands and of money, having been instituted in
the courts against the Trustees, and for additional rea-
sons, which are fully set out on pages 569-572, Volume 8,
Minutes of the Trustees, the Trustees demed it for the
best interests of the State to employ a special counsel
upon a stated yearly salary. Hon. W. H. Ellis, former
Attorney General, was employed at a salary of $2,500.00
per annum, $2,000.00 to be paid by the Trustees and
$500.00 to be paid by the Board of Drainage Commission-
ers. Under the terms of his employment, Mr. Ellis is to
"be the legal adviser for the Trustees upon any and all
legal questions; shall represent the Trustees and advise
them upon all claims or demands made against them, and
shall represent the Trustees and advise them upon all
claims, demands, actions or suits they may have against
77
others; shall, when requested, negotiate the settlement or
compromise of, and make settlement or compromise of any
demand, claim ,action or suit in which the Trustees are
interested or involved; shall prepare all contracts, and
shall render any and all legal services, required of him by
the Trustees in connection with their duties and the
affairs of the Internal Improvement Fund;" and shall
in like manner be counsel for the Board of Drainage Com-
missioners.
The litigation now pending to which the Trustees are a
party is as important and as varied as at any time in the
history of this trust. This special counsel is to receive
no compensation whatever, except his salary of $2,500.00
per annum.
INTERNAL IMPROVEMENT FUNDS.
Chapter 5245, Acts of 1903, Appropriating Internal Im-
provement Moneys for Hard Roads, Should Be Repealed.
State Treasurer Should Be Made, By Law, Custodian of
Internal Improvement Funds, His Bond To Be Liable.
Your attention is invited to Chapter 5245, Acts of 1903,
an act providing for the building of county hard roads,
and appropriations therefore. By the provisions of this
act, all the moneys in the hands of the Trustees of the
Internal Improvement Fund, after the payment of all
legal obligations against said money, were to be placed in
the hands of the State Treasurer and was to be placed
by him to the credit of the several counties of the State,
in proportion to the assessed valuation. All the swamp
and overflowed lands were to be sold by the Trustees
and the proceeds were similarly to be placed in the hands
of the said Treasurer. The money thus obtained was to
be paid to the County Commissioners of each county
"contingent upon its being used exclusively for the build-
ing and constructing of a system of hard, macadamized,
78
or other hard surface roads." This act was approved
June 8, 1903.
June 2, 1905, Governor Broward vetoed a bill, requiring
the Trustees of the Internal Improvement Fund paying
to the State Treasurer all moneys now in their possession
and to make the State Treasurer responsible, under his
official bond, for the safe keeping of the same, and to re-
peal Chapter 5245 above referred to. In his veto mes-
sage, he quoted from the Act of September 28, 1850: "The
said lands, and all the funds arising from the sale thereof
after paying the necessary expenses of selection, manage-
ment and sale, are hereby irrevocably vested in five Trus-
tees, to-wit:" He also stated, referring to the Act of
1855: "This law has been in force more than fifty years,
and the Trustees are granted under this law the full
power, possession, control, and are vested with the respon-
sibility of the moneys that may be in the fund, from time
to time, which is not subject to legislative will or direc-
tion."
The subject matter of this veto message was maintained
by his predecessor as may be seen by examining page 263
to 268, Volume 5, Minutes of the Trustees of Internal
Improvement Fund, dated November 21, 1904. This posi-
tion is no longer tenable, as may be seen from the follow-
ing:
In the case of Trustees of the Internal Improvement
Fund, et. al., Appellants vs. Chas. H. Root, Appellee, Jan-
uary Term, 1910, Fla., Supt. Ct. Reports, Vol. 59, in the
head notes may be found the following:
"The Legislature did not lose control of the lands 'irre.
vocably vested' in the Trustees of the Internal Improve-
ment Fund of Florida, by Chapter 610, approved January
6, 1855. All the authority possessed by the Legislature
before the enactment of Chapter 610, Laws of Florida,
with reference to the lands irrevocably vested in the Trus-
tees by that act, was possessed by the Legislature after
7T
the passage of the act, except that no vested rights could
be impaired by subsequent legislation."
Owing to the decision of the Supreme Court of Florida,
and owing to the conditions as to the drainage of the Ever-
glades, it is highly necessary that the act vetoed by Gov-
ernor Broward on June 2, 1905, be re-enacted. That act
contained two separate features, one repealing Chapter
5245 appropriating for the benefit of "hard" etc., roads,
the money held by the Trustees and the proceeds from
the sale of lands held by the Trustees, and making the
State Treasurer custodian of the funds of the Trustees
and requiring said Treasurer to give bond. There should
be a separate act repealing said Chapter 5245. Under
the previous administration, the Comptroller was custo-
dian of the funds. He resigned. The Treasurer was
elected custodian. A statute should be passed, making
the State Treasurer ex-officio treasurer of the Trustees of
of Internal Improvement Fund. Under Section 123, of
the General Statutes, his bond would be liable.
HOMESTEAD LAWS-SHOULD REQUIRE TERM OF ACTUAL
SETTLEMENT.
Your attention is invited to Sections 624, 625 and 626
of the General Statutes of Florida, relating to the secure-
ment of homesteads. Under Section 624, any person being
the head of a family, 21 years of age and a citizen of the
State, "shall be entitled to purchase 80 acres or less quan-
tity of any lands of the Internal Improvement Fund do-
nated to the State by the Act of Congress of September
28, 1850, at the price of 25 cents per acre."
Sections 625 and 626 do not require any term of actual
settlement,simply requiring "shall have made improvement
thereon by erecting a building and fencing and cultivating
not less than one acre thereon." Formerly, the United
States Government sold their lands at $1.25 per acre cash.
They also allowed homesteads and preemptions. The
United States Government is now very strict as to home-
80
steaders. The passage of a proper homestead act is recom-
mended. Upon my recommendation, the Legislature of
1909 amended Section 624 as follows: "Provided, how-
ever, that provisions of this Section shall not apply to any
lands in the drainage district now created, or which may
be hereafter created." Under the two preceding admin-
istrations, this section was held invalid, as the act was
passed subsequent to the act of 1855 "irrevocably vesting"
the lands in the Trustees. Were such a law in force now,
it is needless to state that some of the best located lands
in the drainage district might be secured at 25 cents per
acre. This might have seriously embarrassed the Trus-
tees.
RECOMMENDATIONS OF CIRCUIT JUDGES.
Reward For Informers in Liquor Cases Should Be Re-
pealed-Title in Ejectment Suits.
Your attention is invited to the following recommenda-
tions made by certain Judges of the Circuit Courts. The
same were submitted to the Legislature of 1909. (See
my message.)
Judge J. Emmet Wolfe of the First Circuit, referring
to the advisability of repealing the law allowing a reward
of $50.00 to informers in liquor cases, says: "I think this
law leads to perjury."
Judge W. S. Bullock of the Fifth Circuit, writing in
reference to the same law, says it is a "premium on per-
jury. The temptation to commit perjury is too great."
This law operates against the enforcement of the liquor
laws. I have been informed that many juries refuse to
convict on account of such a law. There are many earn-
est Prohibitionists, some of whom may or may not oppose
the repeal of such a law. Earnest Prohibitionists work
for the benefit of mankind, as they see it. Such a repeal
may or may not be opposed by the Prohibisees. The Pro-
81 .
hibisees work for the "other fellow." A Prohibisee is a
Prohibition Pharisee. While taking a drink himself, he
is opposed to the "other fellow" drinking anything except
Stomach Bitters, Jamaica Ginger, or Coca-Cola. This
idea did not necessarily first occur to me at Pensa-Cola.
Judge J. B. Wall of the Sixth Judicial Circuit has sub-
mitted certain recommendations, all of which appear in
the report of the Attorney General. Your attention is
especially invited to the following:
"The statute should provide that in actions of ejectment
proof of the execution of the scire facias by the sheriff
without production of the writ, should be prima facie evi-
dence of the title, for the reason that a great many execu-
tions are lost either by the sheriff or the clerk." He might
have added, "Or stolen by interested parties." If such are
lost, strayed or stolen, a miscarriage of justice would be
the result.
CIRCUIT JUDGES AND STATE ATTORNEYS.
Action of State Executive Committee Withdrawing These
Officers From Primary-Policy As to Appointments.
Under the ruling of the State Democratic Executive
Committee, Judges of the Circuit Court and State Attor-
neys were not placed in nomination by the primary.
Personally, and officially, I would have preferred their
nomination by such means. The appointment of such offi-
cers, under the Constitution, devolves upon me. I find
that there are members of the Bar, who feel a delicacy
in recommending for appointment of Judge one who
might not be appointed, stating that the Judge who is
appointed might be small enough to use their adverse
recommendation as a sword with which to cut off their
heads and the heads of their clients. In the appointment
of Judges, I will not be bound by the recommendations
of the Bar or by the recommendations of any one. I will
be glad, however, to receive all the recommendations pos-
6-H
.82
sible which will throw light upon the proper person to be
appointed. The men whom I appoint to be Judges, I
would like to be just, to have executive ability, and to be
competent. I would like for them, too, to have a certain
amount of backbone. The delay of business in many of
our courts is often times due to the lack of executive abil-
ity of the Judge. I would like for a Judge to run his
court in a business-like manner. When a case is called,
the lawyers, witnesses and jurors should be there; else
without a sufficient excuse, should be fined in such an
amount that they will necessarily be there the second
time; that when a Judge has decided upon a question of
law and the lawyer is uselessly haranguing, he will say
substantially, but more diplomatically, to the attorney:
"Write out what you have to say on this subject, hand it
to the clerk, and the clerk will please pitch it out of the
window."
State Attorneys are now paid a salary. There is no
reason in the world why, if there is any doubt as to the
guilt of the prisoner, the State Attorney should not nolle
pros the case. Some people may take the position that
the Governor has nothing to do with the courts, the Exec-
utive being separate from the Judiciary. In this partic-
ular instance, however, the appointment of these officers
of the court devolves upon me and if I can get suitable
information, I am mighty apt to appoint them along the
lines indicated. As one branch of the Legislature confirms
or rejects such appointments, the subject is mentioned.
COSTS IN JUSTICES' COURTS.
Law Requiring That Costs Shall Be Paid in Advance is
Unjust and a Hindrance to Justice, and Should Be
Amended, Leaving Such Prepayment Discretionary.
Your attention is invited to Chapter 5651, Laws of Flor-
ida, approved June 3, 1907:
83
"An Act to Amend Section 4072 of the General Statutes
of the State of Florida Relating to Payment of Costs in
Cases Before Justices of the Peace.
Be it Enacted by the Legislature of the State of Florida:
"Section 1. That Section 4072 of the General Statutes
of the State of Florida shall be and the same is hereby
amended so as to read as follows:
"4072 (2843-2844 and 2996) Prepayment May be Re
quired.-In all cases, Justices of the Peace and County
Judges, in this State, shall require payment in advance or
security for costs of process service of the same and of
examination, unless the party applying for a warrant shall
make an affidavit of insolvency and of substantial injury
to person or property by him suffered, in which case pro-
cess shall issue without payment of costs."
This is practically the same as Section 4072 of the Gen-
eral Statutes, with this exception: that the words "may
require payment in advance" are used in the General
Statutes and the words "shall require payment in ad-
vance" are used in the Act of 1907. As a result of this
law, the Justice of the Peace of a certain District in
Franklin County, and the Judge of the County Court of
said county, refused to issue process for the Sheriff in the
case of a person charged with murder. It was necessary
for the Sheriff to go miles away to the Judge of the Cir-
cuit Court of the Circuit in which Franklin County is
located.
SCHOOL FUND.
Now Invested in Florida County and City Bonds, Paying
More Interest Than Former Investments.
Under the Constitution, Article 12, Section 5, the prin-
cipal of the School Fund is to remain forever inviolate.
84
This principal is, according to Section 3, Article XII of
the Constitution, invested by the State Board of Educa-
tion. Heretofore, this money has been invested in various
State bonds, affording a cheap market for the bonds of
other States, which pay about 3 per cent. interest. Under
the present administration, it has been deemed advisable
to invest the funds in Florida county and city bonds,
which pay from 4 to 6 per cent. interest, thus affording a
ready market for our home securities and eventually in-
creasing the revenue for the School Fund, from such in-
vestments, forty to fifty per cent.
SCHOOLS-NINETY-THREE HIGH SCHOOLS-COURSE OF
STUDY.
Since the adjournment of the last Legislature, there has
been waged a campaign, under the auspices of the Super-
intendent of Public Instruction, in the interest of the
schools of the State. Basic purpose being "The general
awakening of the people in public education," making the
school, the center of gravity of community life. "The
High School, its Necessity, the People's College." "Not
Less than One High School for Each County in the State."
"Trained Teachers, Longer School Terms and Efficient Su-
pervision for Schools." "Establishment of Departments of
Manual Training, Domestic Science, Business and Agri-
culture," etc.
The constitution authorizes the levying, by the county,
for the school purposes, of a 7-mill tax. Forty of the 47
counties now levy the maximum, only one county is as-
sessed less than six mills. Due to the establishment of
numerous special districts of three mills, it appears that
there is generally now an eight-months term.
Attention is invited to the report of G. M. Lynch, State
Inspector of High Schools.
In his report, he names 93 high schools, 79 being in
special tax districts.
He states i "In the matter of new high school buildings,
85
I do not believe there is a State in the American Union
that has outstripped Florida very far in the past two
and a half years, when all things are considered." He
says: "Show me your school house and I will size up
your city." "Measured by this criterion, forty towns and
cities in Florida would sit in the councils of the great."
It seems that his report is not very favorable to the
libraries and laboratories. He states: "The furniture is
first-class and modern in nearly all the high schools."
The course of study in the high schools comprises: Eng-
lish Grammar, Composition and Rhetoric, English Litera-
ture and Classics, Latin, Caesar, Cicero, Virgil, Algebra,
Plane Geometry, Plane Trigonometry, English History,
General History or Ethics, United States History and
Civics, Botany, Zoology, Physical Geography, Physics,
Physiology, or Commercial Arithmetic and Bookkeeping.
In some schools, French and Spanish, or both, are taught.
I submit that anyone who has graduated in such a course,
with the benefit to be derived from reading newspapers
and magazines and from other sources, is in a better posi-
tion to become, on his own initiative, a well-educated man
or woman. But few of the captains of industry of this
State have had any such educational advantages.
UNIVERSITY OF FLORIDA-HIGH STANDARD-INCREASING IN
PUBLIC FAVOR.
Your attention is invited to the report of Dr. A. A.
Murphree, President of the University of Florida. The
curriculum at this University is high. The standard is
high in every respect. This University is worthy of the
patronage of the citizens of the State. Outside of its
educational advantages, much benefit is being derived,
from its course of instruction, by the agricultural and
horticultural interests of the State. As to the benefits
to agriculture, referring to farmer institutes: during the
year ending July 1, 1910, twenty-two sessions of the insti-
tates were held, with a total attendance by actual count of
86
little less than ten thousand persons." "The most recent
and improved method of crop production and animal hus-
bandry" is taught. Referring to a meeting of the Citrus
Growers' Seminar at the University, April 22, 1910, a com-
mittee of these growers stated: "As a body of practical
citrus growers, with years of experience, we wish to ex-
press our opinion that the information given us at this
Seminar has been of incalculable value to us in a strictly
practical way and has been presented in a manner most
pleasing and easy to understand."
The University is evidently growing in favor. For the
year 1906-7, there were enrolled 102 students; for 1907-8,
103; for 1908-9, 103; for 1909-10, 187; for 1910-11, 201.
There has been a change in the personnel of the President
of this University, for the past two years.
The President recommends the passage of an amend-
ment, levying a one-mill tax for the support of high schools
and higher institutions of learning.
During the present administration over $100,000.00 has
been expended in the construction of buildings at the Uni-
versity.
FLORIDA STATE COLLEGE FOR WOMEN-HIGH STANDARD.
"HOME ECONOMICS. NORMAL SCHOOL.
Dr. Edward Conradi, President of the Florida State
College for Women, makes his report. The report in full is
laid before the Legislature. This college is in every way
worthy of the favorable consideration of the people of
Florida and of other States. The fathers and mothers
should consider it a great privilege for their daughters to
receive the benefits of a course of training there. The
curriculum is high, giving the girls' minds a good training.
The usual well known accomplishments are taught. In
addition to this, much of the course taught in the college
of common sense is taught there.
87
DEPARTMENT OF HOME ECONOMICS.
Sanitation, dietetics, prevention of diseases, personal
hygiene, hygiene of the family and community, "The prin-
ciples that underlie the management of a home in all its
phases." "Special attention is given to the analysis of
food, the students are taught to plan, to evaluate, to pur-
chase, to prepare and to serve meals that contain the in-
gredients that will give the individual, the greatest amount
of energy on the most economic basis, considering the
kind of work in which he is engaged." In fine, they are
taught how to make good biscuits and to serve the same.
"You can do without books," etc., "but civilized man can-
not do without cooks." "Students are taught the princi-
ples and practice of designing, drafting of patterns, dress-
making, study of textiles, developing skill and artistic
taste. In fine, to make a dress and to put their hats,
ribbons and hair on in a becoming manner. During the
present administration, buildings costing $140,000.00 have
been constructed; eight acres of land, costing $2,000.00
have been added to the grounds. For the year 1908-9,
total enrollment was 257; 1909-10, total enrollment, 273.
During the last year a new steam laundry was built and
equipped. The laundry is now in operation and doing
the laundry work of the students.
NORMAL SCHOOL.
For the preparation of young women for the profession
of teaching. This is about the only feature of the College
designed specially as a means by which a woman could
secure a livelihood. There has been a time in the past,
when but little of the practical affairs of life were taught
women. There is a certain amount of mind-training,
accomplishments and blandishments taught in such col-
leges. In this college, they are taught some of the duties
which will have to be met and overcome after they shall
have left college. Some people say that every woman
88
wants to get married, sooner or later. Of those who marry,
a certain portion become widows. Whether they are
widows, or live in single blessedness, each will have some
business to which to attend. At any time, some may be
called upon to earn a livelihood. I think more attention
ought to be paid to making a woman more self-reliant and
trying to instill into her more common sense than is
usually taught them.
FLORIDA SCHOOL FOR THE DEAF AND BLIND.
Professor A. H. Walker, President, has submitted his
report, to which your attention is invited. In 1909-10,
there were inmates, white, deaf, 46; blind, 31. Negroes,
deaf, 20; blind, 8; total, 105; being an increase of 15
over the preceding year. The statute provides that this
school shall be open to such deaf and blind children, whose
parents are unable to defray their expenses, residents of
the State who are found to be of suitable age and mental
capacity to receive instruction, by the methods prosecuted
therein. To children, whose parents are able to pay, a
charge of $12.50 per month, for the eight months' term is
made. The health, discipline and progress is good. "The
training is such as to make these unfortunate children,
more self-reliant and more useful and to elevate them."
"An especial work of the school is to take the deaf, blind
children from the rank of dependents and give them just
as far as possible a foremost place among the wage earn-
ing and self-supporting, and to this end we strive to give
every blind boy and girl a knowledge of some useful
trade."
During the present administration, there has been ex-
pended on buildings $84,035.25. The cost per capital, for
the scholastic year 1909-10, including every expense, was
$61.74.
89
FLORIDA AGRICULTURAL AND MECHANICAL COLLEGE FOR
NEGROES.
Prof. N. B. Young, President of this institution, makes
his report, showing an attendance for the year ending
July 9, 1910, of 289. The construction of certain build-
ings is very much needed. The appropriations, however,
have not been available. There can be no doubt that
these funds will become available during the year 1911.
It would be well, "however, for the Legislature to make a
direct appropriation for such purpose. This college is
well managed and is a credit to the State.
In fact, all the institutions of Higher Learning are a
credit to the State and all are worthy of patronage.
The total amount of money expended thereon during the
present administration, for improvements and erection of
new buildings for the Higher Institutions of Learning,
was over $230,000.00.
In considering the Higher Institutions of Learning,
your attention is invited to the able report of the State
Board of Control. This report shows the necessity for
the erection of other buildings, stating the amount neces-
sary for the construction of the same.
BILLS RELATING TO SCHOOLS.
Certain Proposed Constitutional Amendments and Laws
Recommended by the Committee on Compilation of the
School Laws of Florida.
On September 9, 1910, I appointed a Committee in rela-
tion to the Compilation of the School Laws of Florida.
The Superintendent of Public Instruction, Hon. W. M.
Holloway, was Chairman. He has submitted to me cer-
tain proposed changes in the laws and the constitution
of the State as follows:
"A joint resolution proposing an amendment to Article
90
XII of the Constitution of the State of Florida, relative to
Education, to be known as Section 16 of said Article, pro-
viding for the levy of a Special Tax for the support and
maintenance of the Rural Graded Junior and Senior High
Schools, and the University of Florida, the Florida State
College for Women, the Florida School for the Deaf and
Blind, the Florida Agricultural and Mechanical College
for Negroes."
The passage of this joint resolution is recommended.
A joint resolution "proposing to anrend Section 10 of
Article XII of the Constitution relative to Education."
The effect of this amendment would be, 1st, to elect
three school trustees for four years instead of two-years,
for each school district; 2nd, relating to the levy and
collection of a district school tax for the use of public
free schools within the district "whenever a majority of
the qualified electors thereof that pay a tax on real or
personal property shall vote in favor of said levy," as at
present provided in the constitution, for which the follow-
ing is substituted: "Whenever a majority of the qualified
electors thereof that pay a tax on real or personal prop-
erty, voting at said election, shall vote in favor of such a
levy ;" 3rd, in the proposed amendment five mills is author-
ized instead of three.
The passage of the first feature is recommended. The
passage of the second feature is recommended. It is
highly important that .the Constitution be amended so as
to produce the second effect. As it is now, there is practi-
cally never any objection to the establishment of these
school districts. In consequence of which, the vote is very
light. It is improbable that a majority of these qualified
electors ever vote in the school district elections. It is
my opinion, that there is now scarcely a single school dis-
trict tax properly levied. By all means, the second feature
should be adopted.
There has also been submitted by the Chairman of this
Committee a bill to be entitled an Act Authorizing and
91
Directing the County Treasurers to Transfer the Surplus
Money of the Fine and Forfeiture Fund to the School
Fund of the Respective Counties, and that the same be
Used for School Purposes.
Whether the details of this bill would be satisfactory to,
or would hamper the County Commissioners of the various
counties, is unknown to me.
Also a bill to be entitled An Act to Secure Better At-
tendance upon the Public Schools of the Counties in this
State.
This is practically a bill for compulsory education.
Also a bill to be entitled An Act to Make Mandatory
the Creation of at Least One High School in Each County
in this State.
The passage of this bill is recommended.
Also a bill to be entitled An Act to Provide for the
Issuing to Teachers, First Grade Certificates; also State
Certificates to Persons Holding a Diploma from the Nor-
mal Department of the University of Florida, or from the
Normal Department of the Florida State College for
Women, and Other Chartered Institutions of Florida.
The passage of this bill is recommended.
Also a bill to be entitled An Act to Secure to the People
of Florida School Text Books at Reduced Prices; to Pro-
vide Special Editions of Said Books at Low Prices; to
Provide for the Exchange of Books Without Cost to the
Children Who Move from County to County, etc.
The passage of this bill is recommended.
Also a bill to be entitled An Act to Amend Section 358
of the General Statutes of the State of Florida, Relating
to the Penalty for Cheating.
The passage of this bill is recommended.
Also a bill to be entitled An Act to Amend Section 378
of the General Statutes of the State of Florida, relating
to the Pay of Grading Committees.
The passage of this bill is recommended.
Also a bill to be entitled An Act to Amend Sections
365-367 of the General Statutes of the State of Florida,
92
Relating to Certification of Teachers' Third Grade Certifi-
cates and First Grade Certificates.
The passage of this bill is recommended.
Also a bill to be entitled An Act to Amend Section 370
of the General Statutes of the State of Florida, Relating
to State Certificates.
The passage of this bill is recommended.
Also a bill to be entitled An Act to Amend Section
371 of the General Statutes of the State of Florida, Relat-
ing to Life Certificates.
The passage of this bill is recommended.
Also a bill to be entitled An Act to Repeal Chapter
4666 of the Laws of Florida, Relating to the Collection
of and Accounting for Poll Tax Collected in this State.
The Superintendent of Public Instruction informs me
that this law is practically disregarded and is of practi-
cally no force and effect.
"A Joint Resolution providing an amendment to Arti-
cle XII of the Constitution of the State of Florida, rela-
tive to Education, to be known as Section 17 of said Ar-
ticle, providing for the issuance of bonds by incorporated
cities and towns, regular school districts and special tax
school districts, for the exclusive use of public free schools,
within such city, town, or school district, and authorizing
the levy of a tax to pay the sinking fund, for the payment
of interest, and redemption of such bonds."
This authorizes the issuance of bonds for such purpose
in such political sub-divisions "not to exceed five mills on
the dollar for one year, on the taxable property." "When-
ever a majority of the qualified electors thereof, that pay
a tax on real or personal property, shall vote in favor
of the issuance of such bonds."
Under the present Constitution, there is assessed for
school purposes as follows:
The one mill State tax, distributed to the counties in
proportion to average attendance;
Seven mill county tax;
Three mill school district tax;
93
In addition to these, there is the interest from the
State School Fund, derived as follows: The proceeds of
all lands that have been or may hereafter be granted to
the State by the United States for public school purposes;
appropriations of the State; the proceeds of escheated
property and forfeitures; twenty-five per cent of the sale
of public lands which are now or may hereafter be owned
by the State. "The net proceeds of all fines collected
under the penal laws of the State within the county;" all
capitation taxes collected within the county.
HOSPITAL FOR THE CURE OF INDIGENT
CRIPPLES.
There should be established a hospital for the treat-
ment of indigent crippled boys and girls of Florida. The
expenses of the same should be paid out of the money col-
lected on account of the State Board of Health. This hos-
pital should be located near some city, as there is no
doubt there are many surgeons who would gladly operate
on such children, as an act of charity and for humanity's
sake. By these operations, these children would become
useful men and women instead of a burden on the tax
payers of the country, or fit subjects for the penitentiary.
ROOM IN CONFEDERATE MANSION, RICHMOND,
UNITED DAUGHTERS OF THE CONFED-
ERACY-$100.00 APPROPRIATION.
In the Mansion of the former President of the Confed-
eracy at Richmond, one room is set aside for each State
of the former Confederacy. In such rooms are kept appro-
priate relics and souvenirs. Representatives of the United
Daughters of the Confederacy request that $100.00 be
appropriated for the care of the room assigned to Florida.
Such an appropriation is recommended.
94
HOLIDAY ON LINCOLN'S BIRTHDAY.
A Native of the South, Who Did His Duty as He Saw It,
Without Malice, Floridians Can Well Honor Him as
One of America's Greatest Men.
Abraham Lincoln is universally recognized as one of
the great men of the past century. He was born in the
Southland, in the same State which gave birth to Jeffer-
son Davis, the great leader of the Southern Confederacy.
He was raised in a portion of the country other than
that of the South. His environment naturally placed him
in opposition to the people of the Southland, in the great
struggle between the States. He was a Union man. With-
out malice toward the Southland, and with charity to all,
he did his duty as he saw it. We fought for constitutional
rights. Through no lack of courage or devotion to duty,
the flag of the Confederacy was furled in honorable de-
feat. The situation was accepted. There is now no more
patriotic portion of the United States and no more repre-
sentative portion of its true citizenship than is found in
the Southland. Over two million sons of the South are
making good throughout the various portions of the
Union. The sons of other portions of the Union are mak-
ing good in Florida, becoming one of us and assisting in
the development of our great resources. Millions of dol-
lars of capital from every portion of the Union are flowing
into Florida. The anniversary of the birthday of Jeffer-
son Davis, President of the Confederate States, a native of
Kentucky, has been made, by legislative enactment, a
legal holiday in Florida. It is recommended that the
anniversary of the birthday of Abraham Lincoln, a native
of Kentucky, President of the United States, be made, by
legislative enactment, a legal holiday.
|
RSS
HIDE
