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

JOURNAL

OF THE

House of Representatives

OF THE

SESSION OF 1909.

1909
CAPITAL PUBLISHING CO., State Printer
TALLAHASSEE. FLA.

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MEMBERS OF HOUSE OF REPRESENTATIVES
SESSION OF 1909.

Alachua-Syd L. Carter, Gainesville.
Alachua-T. A. Doke, Santa Fe.
Baker-J. R. Kelley, Macclenny.
Bradford-L. D. Wall, Starke.
Bradford-D. E. Knight, Lake Butler.
Brevard-R. B. Stewart, Brantley.
Calhoun-John D. Trammell, Blountstown.
Citrus-E. S. Grace, Citronelle.
Clay-Chas. Conway, Middleburg.
Columbia-John W. Hatcher, Lake City.
Columbia-Jas. B. Hodges, Lake City.
Dade-Geo. O. Butler, Miami.
DeSoto-J. H. Brown, Zolfo.
Duval-I. L. Farris, Jacksonville.
Duval-Frank E. Chase, Jacksonville.
Escambia-John P. Stokes, Pensacola.
Escambia-C. L. Wiggins, Pine Barren.
Franklin-E. R. L. Moore, Carrabelle.
Gadsden-J. W. Mahaffey, Gretna.
Gadsden-J. L. Sheppard, Greensboro.
Hamilton-L. C. Register, Avoca.
Hamilton-J. W. Bynum, White Springs.
Hernando-F. L. Stringer, Brooksville.
Hillsborough-John S. Taylor, Largo.
Hillsborough-D. F. Pattishall, Plant City.
Holmes-W. G. Watford, Esto.
Jackson-W. E. B. Smith, Marianna.
Jackson-J. H. Tidwell, Bascom.
Jefferson-S. D. Clarke, Monticello.
Jefferson-A. J. Boland, Thomas City.
Lafayette-McQueen Chaires, Old Town.
T:l;e--J. R. Miller, Eustis.

j5q45?1i

4

Lake-J. S. Godfrey, Yalaha.
Lee-F. J. Wilson, Fort Myers.
Leon-A. S. Wells, Tallahassee.
Leon-John L. Neeley, Tallahassee.
Levy-W. J. Epi-erson, Bronson.
Liberty-E. K. Thaggard, Bristol.
Madison-Chas. E. Davis, Madison.
Madison-J. Ellis Blanton, Lee.
Manatee-A. F. Hull, Castalia.
Marion-L. S. Light, Reddick.
Marion-W. D. Carn, Ocala.
Monroe-W. H. Malone, Jr., Key West.
MNonroe-Charles L. Knowles, Key West.
Nassau-J. E. Calkins, Fernandina.
Nassau-A. E. Ogilvie, Callahan.
Orange--A. B. Newton, Winter Garden
Orange-Jas. H. King, Oviedo.
Osceola-C. S. Acree, Kissimmee.
Pasco-C. P. Littell, Port Richey.
Polk-J. A. Cox, Kathleen.
Polk-W. J. Durrance, Fort Meade.
Putnam-H. A. B. McKenzie, Palatka.
Putnam--S. J. Hilburn, Palatka.
Santa Rosa-E. V. McCaskill, Nora.
Santa Rosa-A. J. Peaden, Oak Grove.
St. Johns-W. A. MacWilliams, St. Augustine.
St. Johns-C. J. DuPont, Matanzas.
St. Lucie-W. R. RHardee, Jensen.
Sumter-Glenn Terrell, Bushnell.
Suwannee-L. E. Roberson, Live Oak.
Suwannee-Geo. W. Dempsey, Ellaville
Taylor-W. T. Cash, Perry.
Volusia-Macon Thornton, Ormond.
Volusia-Jas. E. Alexander, DeLand.
Wakulla-Walter Page, Wakulla.
Watlton-J. F. Richbourg, Laurel Hill.
Washinagton-R. L. McKenzie, Panama City.

OFFIGERS AND ATTAGIES
OF THE
HOUSE OF REPRESENTATIVES.

SESSION OF 1909.

Speaker-Ion L. Farris, Jacksonville.
Chief Clerk-J. G. Kellum, Tallahassee.
Assistant Chief Clerk-C. O. Rivers, Lake City.
Bill Clerk-Geo. B. Dickenson, Maitland.
Reading Clerk-Nat. R. Walker, Crawfordville.
Assistant Reading Clerk-W. B. Lanier, Jacksonville.
Engrossing Clerk-A. S. York, Live Oak.
Enrolling Clerk-C. M. Brown, Miami.
Recording Clerk-R. A. Gray, Havana.
Sergeant-at-Arms-Geo. E. Hawkins, Welborn.
Messenger-Victor Lewellin, Lakeland.
Doorkeeper-J. W. Allen, Monticello.
Chaplain-J. R. Taylor, Quincy.
Janitor-Eugene Hawkins, Jacksonville.
Page-William Richard, Starke.
Page-Monroe Powers, Macclenny.
Page-Marvin Josey, Matanzas.
Page-L. D. Allen, Tallahassee.

ERRATA.

In all reports of the Enrolling Committee, wherever
they occur in this Journal, where "Senate Bill No. .."
or "House Bill No. .." appears above the title of the
Act, as given in the said report, the same should be
omitted.
J. G. KELLUM, Chief Clerk.

JOURNAL

OF THE

House of Representatives

Of the Twelfth 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 Florida,
on Tuesday, the 6th day of April, A. D. 1909, being the
day fixed by the Constitution of the State of Florida for
the meeting of the Legislature.

TUESDAY, APRIL 6, 1909.
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 1909, was called, as
follows:
HOUSE OF REPRESENTATIVES, 1909.
Alachua-Syd L. Carter, Gainesville.
Alachua-T. A. Doke, Santa Fe.
Baker-J. R. Kelley, Mfacclenny.
Bradford-L. D. Wall. Starke.
Bradford-D. E. Knight, Lake Butler.
Brevard-R. B. Stewart, Brantley.
Calhoun-John D. Trammell, Blountstown.
Citrus-E. S. Grace, Citronelle.
Clay-Chas. Conway, Middleburg.
Columbia-John W. Hatcher, Lake City.
Columbia-Jas. B. Hodges, Lake City.
Dade-Geo. 0. Butler, Miami.
DeSoto-J. H. Brown, Zolfo.
Duval-I. L. Farris, Jacksonville.
Duval-Frank E. Chase, Jacksonville.

2

Escambia-John P. Stokes, Pensacola.
Escambia-C. L. Wiggins, Pine Barren.
Franklin-E. R. L. Moore, Carrabelle.
Gadsden-J. W. Mahaffey, Gretna.
Gadsden-J. L. Sheppard, Greensboro.
Hamilton-L. C. Register, Avoca.
Hamilton-J. W. Bynum, White Springs.
Hernando-F L. Stringer, Brooksville.
Hillsborough-John S. Taylor, Largo.
Hillsborough-D. F. Pattishall, Plant City.
"Holmes-W. G. Watford, Esto.
Jackson-W. E. B. Smith, Marianna.
Jackson-J. H. Tidwell, Bascom.
Jefferson-S. D. Clarke, Monticello.
Jefferson-A. J. Boland, Thomas City.
Lafayette-McQueen Chaires, Old Town.
Lake-J. R. Miller, Eustis.
Lake-J. S. Godfrey, Yalaha.
Lee-F. J. Wilson, Fort Myers.
Leon-A. S. Wells, Tallahassee.
Leon-John L. Neely, Tallahassee.
Levy-NW. J. Epperson, Bronson.
Liberty-E. K. Thaggard, Bristol.
Madison-Chas. E. Davis, Madison.
Madison-J. Ellis Blanton, Lee.
Manatee-A. F. Hull, Castalia.
Marion-L. S. Light, Reddick.
Marion--W. D. Camn, Ocala.
Monroe-- H. Malone, Jr., Key West.
Monroe-Charles L. Knowles, Key West.
Nassau-J. E. Calkins, Fernandina.
Nassau-A. E. Ogilvie, Callahan.
Orange-A. B. Newton, Winter Garden.
Orange-Jas. H. King, Oviedo.
Osceola-C. S. Acree, Kissimmee.
Pasco-C. P. Littell, Port Richey.
Polk-J. A. Cox, Kathleen.
Polk--W. J. Durrance, Fort Meade.
Putnam-H B. McKenzie, Palatka.
Putnam-S. J. Hilburn, Palatka.
Santa Rosa-E. V. McCaskill, Nora.
Santa Rosa-A. J. Peaden, Oak Grove.
St. Johns-W. A. MacWilliams, St. Augustine.
St. Johns--C. J. DuPont, Matauzas.
St. Lucie-W1R. R.Hardee, Jensen.

3

Sumter-Glenn Terrell, Bushnell.
Suwannee-L. E. Roberson, Live Oak.
Suwannee-Geo. W. Dempsey, Ellaville.
Taylor-W. T. Cash, Perry.
Volusia-Macon Thornton, Ormond.
Volusia-Jas. E. Alexander, DeLand.
Wakulla-Walter Page, Wakulla.
Walton-J. F. Richbourg, Laurel Hill.
Washington-R. L. McKenzie Panama City.

State of Florida,
Office of Secretary of State-SS.
I, H. Clay Crawford, Secretary of the State of Florida,
do hereby certify that the foregoing is a true and correct
list of the members of the House of Representatives of
the State of Florida, elected on the 3rd day of November,
1909, as shown by the election returns on file in this
office.
Oiven under my hand, and the Great Seal of the State
of Florida, at Tallahassee, the Capitol, this the sixth day
of April, A. D. 1909.
(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 Hon. James B. Whitfield, Cihief Justice of
the Supreme Court of the State of Florida:
Messrs.
Acree, C. S., Osceola.
Alexander, Jas. E., Volusia.
Blanton, J. Ellis, Madison.
Boland, A. J., Jefferson.
Brown, J. IE., DeSoto.
Butler, Geo. 0., Dade.
Bynum, J. W., Hamilton.
Calkins, J. E., Nassau.
Carter, Syd. L., Alachua.
Carn, W. D. Marion.
Cash, W. T., Taylor.
Chaires, McQueen. Lafayette.
Chase, Frank, E., Duval.
Clarke, S. D., Jefferson.
Conway, Chas., Clay.
Cox, J. A., Polk.

4

Davis, Chas. E., Madison.
Dempsey, Geo. W., Suwannee.
Doke, T. A., Alachna.
DuPont, C. J., St. Johns.
Durrance, W. J., Polk.
Epperson, W. J., Levy.
Farris, I. L., Duval.
Grace, E. S., Citrus.
Hardee. W. R., St. Lucie.
Hatcher, J. W., Columbia
Hilburn, S. J., Putnam.
Hodges, J. B., Columbia.
Hull, A. F., Manatee.
King,, J. H., Orange.
Knight, D. E., Bradford.
Knowles, Chas. L., Monroe.
Light, L. S., Marion.
Littell,,C. P., Pasco.
Mahaffey, J. W., Gadsden.
Malone, W. H., Monroe.
Miller, J. R., Lake.
Moore, E. R. L., Franklin.
McCaskill, V., Santa Rosa.
McKenzie, R. L., Washington.
McKenzie, H. A. B., Putnam.
MacWilliams, W. A., St. Johns.
Neeley, J. L., Leon.
Newton, A. B., Orange.
Ogilvie, A. E., Nassau.
Page, Walter, Wakulla.
Pattishall, D. F., Hillsborough.
Peaden, A. J., Santa Rosa.
Register, L. C., Hamilton.
Richbourg, J. F., Walton.
Roberson, L. E., Suwannee.
Smith, W. E. B., Jackson.
Sheppard, J. L., Gadsden.
Stewart, R. B., Brevard.
Stokes, J. P., Escambia.
Stringer, F. L., Hernando.
Taylor. J. S. Hillsborough.
Terrell, Glenn, Sumter.
Thaggard, E. K., Liberty.
""lhornton, Macon, Yolusia.

5

Tidwell, J. H., Jackson.
Trammell, J. D., Calhoun.
Wall, L. D., Bradford.
Watford, W. G., Holmes.
Wells, A. S., Leon.
Wiggins, C. L., Escambia.
Wilson, F. J., Lee.

Mr. J. G. Kellum, Chief Clerk, announced a quorum
present.
Mr. J. S. Godfrey, of Lake, moved that the House
proceed with a permanent organization, which was
agreed to.
Mr. S. J. Hilburn, of Putnam, nominated Hon. I. L.
Farris, of Duval, as Speaker.
Upon call of the roll the vote was:

For I. L. Farris, Speaker.
Yeas-
Messrs.
Acree, C. S., Osceola.
Alexander, Jas. E., Volusia.
Blanton, J. Ellis, Madison.
Boland, A. J., Jefferson.
Brown, J. H., DeSoto.
Butler, Geo. 0., Dade.
Bynum, J. W., Hamilton.
Calkins, J. E., Nassau.
Carter, Syd. L., Alachua.
Carn, W. D., Marion.
Cash, W. T., Taylor.
Chaires, McQueen, Lafayette.
Chase, Frank E., Duval.
Clarke, S. D., Jefferson.
Conway, Chas., Clay.
Cox, J. A., Polk.
Davis, Chas. E., Madison.
Dempsey, Geo. W., Suwannee.
Doke, T. A., Alachua.
DuPont, C. J, St. Johns.
Durrnnce, W. J., Polk.
Epperson, W. J., Levy.
Godfrey, J. S., Lake.
Grace, E. S., Citrus.

()

Hardee, W. R., St. Lucie.
Hatcher, J. W., Columbia.
Hilburn, S. J., Putnam.
Hodges, J. B., Columbia.
Hull, A. F., Manatee.
King, J. H., Orange
Knight, D. E., Bradford.
Knowles, Chas. L., Monroe.
Light, L. S., Marion.
Littell, C. P., Pasco.
Mahaffey, J. W., Gadsden.
Malone, W. H., Monroe.
Miller, J. R., Lake.
Moore, E. R. L., Franklin.
McCaskill, E. V., Santa Rosa.
McKenzie, R. L., Washington.
McKenzie, H. A. B., Putnam.
MacWilliams, W. A., St. Johns.
Neeley, J. L., Leon.
Newton, A. B., Orange.
Ogilvie, A. E., Nassau.
Page, Walter, Wakulla.
Pattishall, D. F., Hillsborough.
Peaden, A. J., Santa Rosa.
Register, L. C., Hamilton.
Richbourg, J. F., Walton.
Roberson, L. E., Suwannee.
Smith, W. E. B., Jackson.
Sheppard, J. L., Gadsden.
Stewart. R. B., Brevard.
Stokes, J. P., Escambia.
Stringer, F. L., Hernando.
Taylor, J. S., Hillsborough.
Terrell, Glenn, Sumter.
Thaggard, E. K., Liberty.
Thornton, Macon, Volusia.
Tidwell, J. H., Jackson.
Trammell, J. D., Calhoun.
Wall, L. D., Bradford.
Watford, Wr. G., Holmes.
Wells, A. S., Leon.
Wiggins, C. L., Escambia.
Wilson, F. J., Lee.
Nays-None

7

Mr. J. G. Kellum, Chief Clerk, announced the Hon. I. L.
Farris elected Speaker.
Mr. MacWilliams moved that a committee of three be
appointed to escort the Speaker to the chair.
The Chief Clerk appointed Messrs. MacWilliams,.of St.
Johns; Stokes, of Escambia, and :nowles, of Monroe, to
escort the Speaker to the chair. The Speaker being con-
ducted to the chair, extended his thanks to the House for
the honor conferred upon him.
Mr. S. J. Hilburn, of Putnam, nominated Mr. J. G.
Kellum, of Gainesville, Fla., for Chief Clerk.
Upon call of the roll the vote was for J. G. Kellum, as
follows:
Ayes-
Messrs.
Acree, C. S., Osceola.
Alexander, Jas. E., Volusia.
Blanton, J. Ellis, Madison.
Boland., A. J., Jefferson.
Brown, J. H., DeSoto.
Butler, Geo. 0., Dade.
Bynum, J. W., Hamilton.
Calkins, J. E., Nassau.
Carter, Syd. L., Alachua.
Carn, W. D., Marion.
Cash, W. T., Taylor.
Chaires, McQueen, Lafayette.
Chase, Frank E., Duval.
Clarke, S. D., Jefferson.
Conway, Chas., Clay.
Cox, J. A., Polk.
Davis, Chas. E., Madison.
Dempsey, Geo. W., Suwannee.
Doke, T. A., Alachua.
DuPont, C. J.. St. Johns.
Durrance, W. J., Polk.
Epperson, W. J., Levy.
Farris, I. L., Duval.
Godfrey, J. S., Lake.
Grace, E. S., Citrus.
Hardee, W. R., St. Lucie.
Hatcher, J. W., Columbia.
Hilburn, S. J., Putnam.

8

Hodges, J. B., Columbia.
Hull, A. F., Manatee.
King, J. H., Orange.
Knight, D. E., Bradford.
Knowles, Chas. L., Monroe.
Light, L. S., Marion.
Littell, C. P., Pasco.
Mahaffey, J. W., Gadsden.
Malone, W. H., Monroe.
Miller, J. R., Lake.
Moore, E. R. L., Franklin.
McCaskill, E. V., Santa Rosa.
McKenzie, R. L., Washington.
McKenzie, H. A. B., Putnam.
MacWilliams, W. A., St. Johns.
Neeley, J. L., Leon.
Newton, A. B., Orange.
Ogilvie, A. E., Nassau.
Page, Walter, Wakulla.
Pattishall, D. F., Hillsborough.
Peaden, A. J., Santa Rosa.
Register, L. C., Hamilton.
Richbourg, J. F., Walton.
Roberson, L. E.. SFuwannee.
Smith, W. E. B., Jackson.
Sheppard, J. L., Gadsden.
Stewart, R. B., Brevard.
Stokes, J. P., Escambia.
Stringer, F. L., Hernando.
Taylor, J. S., Hillsborough.
Terrell, Glenn, Sumter.
Thaggard, E. K., Liberty.
Thornton, Macon, Volusia.
Tidwell, J. H., Jackson.
Trammell, J. D., Calhoun.
Wall, L. D., Bradford.
Watford, W. G., Holmes.
Wells, A. S., Leon.
Wiggins, C. L., Escambia.
Wilson, F. J., Lee.--S.
Nays-None.

The Speaker declared Mr. J.
Clerk.

G. Kellum elected Ch ief

9

Mr. S. J. Hilburn, of Putnam county, made the following
nominations:
For Assistant Chief Clerk-C. O. Rivers, of Columbia.
For Bill Clerk-Geo. B. Dickenson, Orange.
For Reading Clerk--Nat. R. Walker, of Wakulla.
For Assistant Reading Clerk-W. B. Lanier, of Lake.
For Engrossing Clerk-A. S. York, Suwannee.
For Enrolling Clerk-C. M. Brown, of Dade.
For Recording Clerk-R. A. Gray, of Gadsden.
For Sergeant-at-Arms-Geo. E. Hawkins, of Suwannee.
For Messenger-Victor Lewellin, of Polk.
For Doorkeeper-J. W. Allen, of Jefferson.
For Chaplain-J. R. Taylor, of Gadsden.
For Janitor-Eugene Hawkins, of Duval.
For Page-William Richard, of Bradford.
For Page--Monroe Powers, of Baker.
For Page-Marcus Josey, of St. Johns.
For Page-L. D. Allen, of Wakulla.
Pending the election of the above officers and attaches,
Mr. Light, of Marion, offered the following resolution:
"Whereas, for many years it has been known and real-
ized that the useless expenditures for a Recording Clerk
has been incurred by the State of Florida for the record-
ing of the Journals of the Legislature, therefore
"Be it resolved by the House of Representatives of 1909
that the office of Recording Clerk be dispensed with."
Mr. Carn moved the adoption of the resolution.
Mr. Roberson moved to lay the motion on the table.
Which was agreed to.
Mr. MacWilliams moved that all the officers and at-
taches as nominated by Mr. S. J. Hilburn be nominated
by acclamation,
Which was agreed to.
All of the officers and attaches as elected came forward
and were sworn in by Hon. Chief Justice James B. Whit-
field.
On motion of Mr. Clarke, of Jefferson, a committee con-
sisting of Messrs. Clarke, of Jefferson; MacWilliams, of
St. Johns, and Malone, of Monroe. 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.

10

After a brief absence, the committee returned and re-
ported that they had performed the duty assigned them,
and were discharged.
On motion of Mr. MacWilliams, a committee consisting
of Messrs, Carter, of Alachua; Stokes, of Escambia;
Durrance, of Polk, 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. Godfrey, of Lake, moved that the rules of the House
of Representatives for the session of 1907 be adopted for
the use of the House until the committee on rules re-
ported otherwise, which was adopted.
A committee of three from the: Senate, Messrs. Grill,
Flournoy and Leggett, 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.
By Mr. Roberson, of Suwannee-
House Resolution No. 1:
Be it resolved by the House of Representatives, That
the Recording Clerk of the House, in addition to his
duties as they now stand, be instructed to act as an
assistant to the chief clerk in all the work under his di-
rection.
Mr. Roberson moved the adoption of the resolution.
Which was agreed to.
A communication was received from the Governor, as
follows:

State of Florida
Executive Chamber
Tallahassee, April 6, 1909.
Hon. Ion. L. Farris,
Speaker, House of Representatives.
Sir:
I have the honor to transmit herewith the Biennial
Message of the Governor, accompanied by the reports of
the administrative officers and other State officers, as
follows:
Report of the Secretary of State.
Reports of the Attorney General.
Reports of the Comptroller.

11

Reports of the Treasurer.
Report of the Superintendent of Public Instruction.
Report of the Commissioner of Agriculture.
Reports of the State Board of Health.
Reports of the State Chemist.
Report of the State Geologist.
Report of the Railroad Commission.
Report of the Superintendent of the Florida Hospital
for the Insane.
Minutes of the Trustees of the Internal Improvement
Fund for 1907 and 1908.
Other reports and information will be transmitted in
due course.
Very respectfully,
ALBERT W. GILCHRIST,
Governor.

Mr. Calkins moved that the Governor's biennial mes-
sage be spread upon the Journal.
Which was agreel to.
And the same will appear as an appendix of today's
Journal.
Mr. Carter moved that a committee of three be ap-
pointed by the Speaker to take under consideration the
Governor's Message and segregate the recommendations.
Which was agreed to.
The Speaker thereupon appointed as such committee
Messrs. Carter, Neeley and Stringer.

The following communication from the Governor was
read:

State of Florida,
Executive Chamber,
Tallahassee, Fla., April 6, 1909
Hon. Ion L. Farris, Speaker,
House of Representatives.
Sir:
I have the honor to transmit herewith special message
relating to the Indian War claim of Alderman Carlton.
Very respectfully,
ALBERT W. GILCHRIST,
Governor.

12

Mr. Calkins moved that the accompanying message be
spread upon the Journal
Which was agreed to.

MESSAGE FROM HOUSE OF REPRESENTATIVES.

State of Florida, Executive Office.
Tallahassee, Fla., April 6, 1909.
Gentlemen of the Legislature:
In my regular message to the Legislature (Page 52,
printed message) will be found the following statements,
relating to Indian War claims:
"The amount refunded to the State was simply a reim-
bursement of the money actually paid out, and no claim
not actually paid out in cash by the State was allowed
in such settlement. There is probably one exceptional
case, that of Lieutenant Alderman Carlton, to which your
attention will be invited."
Since writing the above I am in receipt of the following,
which is transmitted for your information:

HOUSE OF REPRESENTATIVES OF THE U. S.
Washington, D. C., March 27, 1909.
Bon. Benj. T. Harper,
Auditor War Department,
Washington, D. C.
Sir:
I am in receipt of another letter from the Governor of
Florida asking especially as to whether in the settlement
between the State of Florida and! the Government, by
which the former received the amount, under the legisla-
tion of 1902, of nearly $700,000, there was an item allowed
for one Alderman Carlton, lieutenant, in one of the com-
panies' serving in the war of 1856, '57 and '58. He was
killed, some time in the summer of 1856, and it is, sup-
posed did' not receive from the Government the amount
due him for his services, and the Governor wishes to
know whether this larger amount, above mentioned, em-
braces any sum for him.
Can you give me this information? If you can and will
do so it will be appreciated.
Yours very truly,
(Signed) S. M. SPARKMAN.

TREASURY DEPARTMENT.

Office of the Auditor for the War Department,
Washington, D. C., March 30, 1909.

Respectfully returned to
Hon. S. M. Sparkman,
House of Representatives.
The records show that Alderman Carlton, Second Lieu-
tenant in Capt. Francis M. Durrance's company, Florida
Volunteers, was paid by the State of Florida for services
of himself and servant from February 22 to June 14,
1856, three months and twenty-two days, $483.92. This
sum was paid to his administrator, I. M. Hayman, for
which the State was reimbursed by the United States.
(Signed) B. F. HARPER,
Auditor.
Very respectfully,
ALBERT W. GILO[RIST,,
Governor.

Mr. McWilliams moved that the House adjourn until
12 o'clock tomorrow.
Which was agreed to, and the House thereupon stood
adjourned.

13

APPENDIX

MESSAGE OF THE GOVERNOR.

Executive Office,
Tallahassee, Fla., April 6, 1909.

Gentlemen of the Legislature:

It is my constitutional duty to "communicate by Mes-
sage to the Legislature, at each regular session, informa-
tion concerning the condition of the State, and recommend
such measures as may be deemed expedient."

GENERAL CONDITION OF THE STATE.

POPULATION.

"The condition of the State" is satisfactory. The last
United States census report shows that the population
has increased 35.5 per cent. for the preceding ten years,
showing greater increase than in any other States except
North Dakota, Oklahoma, Idaho, Washington, Texas and
Montana.
ILLITERACY.

The illiterates of the State are less than in any State
from Louisiana to Virginia. Comparisons with other
States were not made. They are decreasing at a greater
rate than probably in any other State.

HEALTH.

The State Census Report shows the death rate in the
State to be 6.6 to each 1000. In the registration area of

4

the United States representing the New England States,
New York, New Jersey, Delaware and the District of Co-
lumbia, it is 17.8.

GENERAL PROGRESS.

We are now producing more than one-half of the phos-
phate of the United States, and more than one-third of
the phosphate of the world. We are producing more than
one-half of the naval stores of the United States. We
are accomplishing satisfactory and increasing results in
agriculture, horticulture, manufacturing, and in fisheries;
in mining, in commerce, in hygiene, in education, in bank-
ing, in transportation, religion, politics, and climate: In
the products of the field, farm, forest and fireside.

DUE PROCESS OF LAW.

Declaration of Rights-English Rule-Errors of Attor-
neys Visited Upon Clients-Recommendations of Judge
W. H. Taft, Now President.
The Declaration of Rights declares: "No man shall be
deprived of life, liberty, or property, without due process
of law." Make "due process of law" to embrace the fol-
lowing: "No judgment shall be reversed, or new trial
granted on the ground of misdirection of the jury, or the
improper admission of evidence, or for error, in any mat-
ter of pleading, practice, or procedure, unless in the
opinion of the Appellate Court, after an examination of
the entire cause, it shall affirmatively appear that the
error complained of has resulted in a miscarriage of
justice." This rule was adopted by the English court in
1878. It has worked satisfactorily. It has been recom-
menwded by the American Bar Association.
These errors, by the attorneys, in civil cases, work
hardships on their clients. In criminal cases they work

5

hardships on the individual, or upon the people of the
county, or the State at large. The errors made by the
attorneys are visited upon the heads of others.
The following, from Mr. Taft, now President, is con-
curred in: "No judgment of a court below should be re-
versed except for error, which a court, reading the entire
evidence, can affirmatively say would have led to a differ-
ent verdict. It should be for the defeated party to satisfy
the Appellate Court that the error was really prejudicial
to him, upon the merits."

DUE PROCESS OF LAW AS PRACTICED IN THE SUPREME COURT
OF FLORIDA.

"This Cause" From Polk County, Dismissed on Account
of Carelessness of Attorney-Case of Akin v. Morgan
Dismissed on Account of "Oversight or Neglect of
Counsei"-The Law-Rule of the Court in 1887-Nune
pro tune Amendments Allowed-Rule of Present Court
Easy Way to Dispose of Cases-Such Rule Operated as
a Kidnapper of Justice-Difficulty of Appealing Cases.
Your attention is invited to the following causes re-

ported to the Southern Reporter, for Feb. 6, 1909: Keen
et al. v. State ex rel. Drane et al. (Supreme Court of
Florida, Dec. 11, 1908.) Per curiam. "This cause brought
here by writ of error to the Circuit Court in and for
Polk County having been reached and taken up for final
consideration, in its regular order on the docket, the
court finds that no properly certified transcript of the
record therein has ever been filed. The certificate of the
Circuit Court Clerk appended to what purports to be a
transcript of the record filed here states simply that 'it
contains a correct transcript of the judgment, and a true
and correct recital of all such papers and proceedings in
said cause as appears from the records and files of my
office, etc.' It fails to certify that it contains true and
correct copies of such papers.'

6

"It has been repeatedly held here that where a cause is
reached for final determination in regular order, and it
appears that the certificate of the court necessary to give
authenticity to the transcript of the record is fatally
defective, the writ of error or appeal will be dismissed,
and that the defect found in the certificate of the clerk to
the transcript in this case is a fatal one." It will be
observed that Justice Parkhill dissented.
In Fla. Reports, Vol. 50, June Term, 1905, in the case
of Akin et al. v. Morgan et al. may be found the fol-
lowing: "When a cause is submitted to this court on its
merits, and the cause remains upon the docket until it
is reached by the court in regular order for final decision
upon its merits, the parties have had their day in court;
and if upon consideration of the case it is dismissed for
some fatal defect due to oversight or neglect of counsel,
where such defect or oversight was not beyond the con-
trol of counsel, the cause will not be reinstated." .
It will be observed that the client and not the attorney is
punished for "neglect of counsel."
"It has been the universal practice of this court to deny
applications to reinstate cases that have been dismissed
by the court for some fatal defect in the clerk's certificate
to the transcript of the record due to oversight or neglect
of counsel in matters within their control, when such dis-
missals were by the court of its own motion in considering
the cases when taken up in regular order for final deter-
mination on the merits."
The law upon which the court acted in this case may
be found in Sec. 1705, of the General Statutes: Filing
of Transcript of Record and Proceedings Thereon.--"It
shall be the duty of the Plaintiff in error to demand of
the Clerk of the Court below, or from the Judge, if it
have no Clerk, a true copy of all such proceedings in such
cause in the court below, and to file said copy in the
Appellate Court on or before the return day of the writ
of error. If the plaintiff in error fails to file the proceed-
ings as aforesaid, it shall be the duty of said court, unless

7

good cause be shown, to dismiss said writ of error on the
adverse party producing a certificate from the Clerk of
the Court below," etc. "Good cause' would show that
justice would be thwarted on account of the carelessness
of the attorney. This law was passed in 1832. The Su
preme Court of Florida, in 1887, acting under the same
law, allowed an amendment nunc pro tuno. There were
then only three members of the Court. There are now
six. Georgia has six Justices of the Supreme Court.
South Carolina, four; North Carolina, five; Virginia,
five. These States have far greater population and wealth
than we have. There appears to be no reason why our
Supreme Court has not the time in which to try cases
promptly on their merits. The rule as now applied oper-
ates as a kidnapper of justice.
In the Florida Reports, Vol. 23, January Term, 1887,
S. J. Temple v. Florida Land and Immigration Co., may
be found the following:
"The motion to strike the Bill of Exceptions from the
Record will be granted, but if the evidence furnished by
the transcript of an order having been made is, as we are
bound to assume, correct, there is no doubt that the
Minutes may be amended by an entry in them, nune pro
tune of such order, and we will postpone the hearing of
this cause for a reasonable time to permit appellant to
have such amendment made, and to move to reinstate the
Bill of Exceptions in the Record." In which rule is there
more of justice, the rule of 1887, allowing amendments,
or the rule of the present day, in which amendments are
prohibited?
The rule of the present court, of course, is an easy way
to dispose of cases. It is recommended that said Section
1705 be so amended that the attorney be punished for
carelessness, and not the client. The failure to permit an
amendment punishes the client.
Many attorneys complain of the difficulty in appealing
cases to the Supreme Court. Under present rules, cases
will often be thrown out, without a hearing, the client

8

suffering and not the attorney who makes the error.
Make the rules easier for application. It is recommended
that acts be passed, whereby the final decisions may be
obtained based on justice, rather than upon the careless-
ness and ignorance of attorneys, known also as officers of
the court.

PURE FOOD INSPECTORS.

Inspectors of Pure Food to Inspect Feed Stuffs and Fer-
tilizers and Vice Versa-Sheriffs and Constables to
Draw Samples and Send Them to State Chemist.
Oftentimes Inspectors of Pure Food and Drugs, es-
pecially in small towns, could well inspect, without extra
expense, feed stuffs and fertilizers. In a similar manner,
the Inspectors of Feed Stuffs and Fertilizers could inspect
in the same town drugs and pure food. Both of these
laws, authorizing the appointment of such inspectors,
Should be amended, so that these two inspectors may each
inspect pure food and drugs, and feed stuffs and fertilizer.
This does not increase the number of inspectors.
The Pure Food Law should be amended so that the
Sheriff, his Deputy, or any Constable, should have author-
ity to draw samples and send such samples, at the expense
of the State, to the State Chemist This would be espe-
cially beneficial in determining promptly the difference
between "soft drinks" and intoxicating drinks.

RAILROAD COMMISSION.

Appropriation for Investigating Books of Common Car-
riers-Separate Coaches for Races-Joint Rates for
Railroads and Water Carriers-Commission's Penal-
ties to be Liens-Commission's Powers Should be More
Specific.
The necessity and importance of appropriations to be
expended investigating the books and papers of the rail-
roads, common carriers and express companies is shown
at length in the Report of the Railroad Commission.

9

The following recommendations of the Railroad Com-
mission are concurred in: "A valid law requiring separate
passenger coaches for white and negro passengers." "A
law empowering the Commissioners to prescribe joint
rates for railroads and water carriers." "A law making
penalties imposed by the Commissioners liens on the prop-
erty of the carrier, until they are paid, or until they are
determined in favor of the carrier." The object of this
is that, in case a railroad should go into the hands of a
receiver, the penalties may be preserved. "A law making
the powers of the Commission in some instances more
specific," thereby saving law suits.

TELEGRAPH COMPANIES UNDER RAILROAD
COMMISSION.

There is no good reason why telegraph companies
should not be placed under the operation of the Railroad
Commission.

PRIMARY ELECTIONS.

Too Expensive-Publicity Clause-Expense in South
Carolina.
The primaries are too expensive. The law should be
amended so as to. provide a publicity clause. It should
require at least every candidate and some specified work-
ers to certify to the public, under suitable penalties, at
some time prior to said election, a statement of the
amount of money expended, and from what source the
money was received.
I happened to be in South Carolina in 1908, at the time
of the primaries. It was a surprise to see that the amount
of money expended by the successful candidate for Gov-
ernor was less than $400.

STATE CONVICTS.
Revenue From-Protection for Convicts-Women and
Infirm Convicts May be Withdrawn-Lessees to Pay
15% Additional for Remaining Prisoners-Prison Farm

10

for Women and Infirm Convicts as Nucleus for the State
Penitentiary-Low Death Rate in Florida Convict
Camps-Objections to Use of State Convicts on Road
Work-1Money from Convict Lease Could be Used, on
Roads.
The State convicts, on March 2nd, 1909, were leased to
the Florida Pine Company, for a period of four years,
commencing January 1st, 1910, at $281.60 apiece. This is
practically free of all expense to the State. This will pay
annually to the State approximately $316,000.00. De-
ducting incidental expenses, for inspectors and appropria-
tions for State Reform School, aggregating $20,000, there
is left about $296,000, or $1,184,000, for the four years'
lease. The terms and conditions of the lease are such
that every suitable means of protecting the interest and
welfare of the convicts is provided for. A copy of the
lease contract and conditions will be set out in full, by
special message.
The following is quoted from the contract:
"It is further covenanted and agreed that the State may
at any time during the life of this contract or prior to
the time actual performance of the same is entered upon
on January 1st, 1910, withdraw from said contract all
female prisoners, invalid male prisoners, andl such pris-
oners wiho from any cause may be deemed unable to per-
form reasonable manual labor, and from the time of the
withdrawal of said women and male prisoners, the said
Florida Pine Company agree and bind themselves to pay
fifteen (15%7) per cent. additional on the said $281.60 per
capital, for the prisoners remaining in their custody under
this contract. Said additional fifteen per cent. to be
paid from the date of the withdrawal of the said female
and infirm male prisoners above described." It will be ob-
served that, in the event the Legislature sees proper to
allow the withdrawal from the lease of the women and
invalid men, the other prisoners will be leased for $323.84
apiece.
Florida is the only State which now leases such class
of prisoners. It is therefore recommended that suitable
legislation be enacted to carry these provisions into

11

effect, and that the Board of Commissioners of State In-
stitutions be authorized to purchase a suitable tract of
land, to be used as a Penitentiary for such class of con-
victs, and that a suitable amount of money shall be set
aside for such purposes out of the proceeds of said lease.
This would become a nucleus for a future Penitentiary.
Owing to the scarcity of labor, and the demand for labor
in our State, the employment of convicts in turpentine
farms, and in phosphate mines, in which they are usually
employed, does not conflict with free labor.
In our warm climate large bodies of criminals could
not be well kept in one enclosure, without serious detri-
ment to their health. In our lease system, there are really
thirty-odd penitentiaries. During the year 1908 there
were handled 1,756 prisoners, of which seventy-five were
white. During 1908 there were twenty-six deaths, twenty
being natural deaths; 12.25 per 1,000. This was a remark-
ably low death rate, when it is considered that so many of
the convicts are diseased before entering the camps. 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 to the
1,000.
Some have thought that it would be well to use the
convicts in building roads. It is not considered advisable,
from a sanitary point, to employ long-term convicts in the
necessarily temporary camps used in the construction of
roads.
From an economical point, it would not be advisable.
Able-bodied -convicts, such as would be used on roads, are
now leased at $323.84 a year. Add to this the cost of
temporary camps, the cost of guards, and the food, and the
cost of management, sanitation, medicine and other inci-
dentals. However, so much of the money resulting from
the lease of the convicts as the Legislature may deem
proper could be used for roads. The short-term county
convicts could be advantageously employed on the roads.
For road work, many of the States use tents for sheltering
short-term convicts.

12

COUNTY CONVICTS.
County Commissioners to Impose Certain Conditions
Upon Lessees.
Most all of the adverse criticism of the lease system
grows out of the lease of county convicts. It is recom-
mended that a law be passed by which the County Com-
missioners shall stipulate in their lease such conditions
as may be prescribed by the Commissioner of Agriculture,
upon the advice and recommendation of the Board of Com-
missioners of State Institutions. The failure upon the
part of the County Commissioners to enforce such rules
and regulations to be cause for removal, at the discretion
of the Governor.

PARDONS.
Laws Uniform, But Sentences Are Not.-Parole System
for Convicts.
Whilst the criminal laws are uniform throughout the
State, the application of them is very un-uniform, depend-
ing upon the disposition and temperament of the various
judges throughout the State. For the same offense, one
judge will give a sentence of from six to twelve months;
another will give as many years. In order to produce
the best results, the bright beacon of hope should be
within the sight of every prisoner, whereby he may feel
that upon good behavior his days as a convict will be
lessened. Owing to these, and for other reasons, the
use of the pardoning power is absolutely necessary.
Several States use the parole system, in addition to the
system of conditional pardons, now used almost ex-
clusively in this State.
It is recommended that a law be enacted authorizing the
Board of Pardons to parole prisoners upon such ternis as
in their judgment may seem best. As an incentive to good
behavior, time allowance is now made.
PARDONS OR COMMUTATIONS.
Sec. 4, Art. 11, of the Constitution directs the Goverimor

13

to "Communicate to the Legislature, at the beginning of
every session, every case of fine or forfeiture remitted, or
reprieve, pardon, or commutation granted', stating the
name of the convict, the sentence, its date, and the date
of its remission, commutation, pardon, or reprieve." Such
a statement will be found in tabulated form on the last
pages of this communication.

PUBLIC DEBT.

$127,347.18 Annually Paidi By the State in Convicting
Criminals-Part of Funds Arising from Lease of Con-
victs to Go to the State to be Used as a Sinking Fund
and a Part to be Appropriated for the Hospital for the
Insane.
The public debt of the State consists solely of refund
bonds, amounting to $601,506, bearing interest at the rate
of 3% per annum. They are all held by the State Board
of Education. The money from the hire of State convicts
(see Chap. 5156, Acts of 1903) is apportioned to the
counties, in proportion to the assessed valuation of the
same. During 1908 the State paid for the salaries of the
prosecuting attorneys, $19,200; for witnesses and jurors,
$86,703.95. The State also paid during 1908 for salaries
of judicial officers, exclusive of State Attorneys, $40,000;
for traveling expenses, Circuit Judges, $2,061.76; for ex-
penses of Judges in other circuits, $24.70, making a total
of $42,086.46. Fully half of this expense was on account
of criminal prosecution. Adding this half, $21,043.23, to
$106,303.95 makes a grand total of $127,347.18, spent by
the State on account of criminal prosecutions. It is
recommended that at least $40,000 of this amount be
annually appropriated! from the proceeds from the lease
of State convicts to be used as a sinking fund for the
payment of these bonds; that the remainder of this
amount, $87,347.18, or so much thereof as may be deemed
proper, be appropriated toward the support and mainte-
nance of the Hospital for the Insane. Although the debt
of the State is held by the State Board of Edlucation, yet
it should be paid. The Board of Education could invest

14

advantageously in the bonds of other States, or, if deemed
advantageous, in bonds of Florida counties.

DISPOSAL OF TIMBER IN NAVIGABLE STREAMS.

There is some timber in the State, mostly timbered with
cypress, growing in navigable waters. This is owned by
the State by right of sovereignty. There is no authority
for the disposition of any of this timber. It is recom-
mended that a law be passed, authorizing the Governor,
with the advice of the Board of Commissioners of State
Institutions, to dispose of any or all of such timber.

STATE TROOPS.

Appropriation for Expenses of Calling Out State Troops.
The Troops Are of Inestimable Value to the State.

During the first two months of my administration it
became necessary to call out some of the State Troops.
A contingent fund to be used in defraying the expenses
incident to such service is recommended. The mere fact
of there being such a well-organized body of State Troops
is of inestimable value to the State, in preventing riots.
They never fail to leave their civil duties to answer calls
in suppressing riots.

DRAINAGE TAX.

Drainage Tax of 5 Cents an Acre Burdensome-Reduction
to 3 Cents-Refund of Drainage Taxes Collected for
1905-Litigatiohi Over Drainage Act of 1907.

The drainage tax is now five cents per acre, in addition
to the regular taxes levied upon the same. This is burden-
some. Owing to funds arising from various sales, the tax
of as much as five cents an acre is no longer required.
The Governor should be authorized, upon the advice and
consent of the Drainage Board, to reduce the same when-
ever deemed expedient. As this change may result in a

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 St'mpter-
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

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

License tax on express companies-
$7,500 per annum, in lieu of all State and county license.
(One-half to State, one-half to counties.)
"As to the assessed valuation of express companies,
there is only one express company doing business in the
State, and I am unable to give you the ad valorem tax as
assessed in the State. Their property consists only of
delivery wagons, safes and office furniture, sio far as I
know, and consequently they do not have to pay any prop-
erty tax to speak of."
In connection with this, your attention is invited to the
following data from the Report of the Comptroller of the
Currency, U. S., for the year 1908:

"FLORIDA BANKS, 1908.

Capital stock of all banks. ...............$ 8,263,760.00
Surplus funds of all banks ................ 2,484014.00
Undivided profits of all banks ............ 1,097,507.52
Dividends unpaid of all banks............ 8,050.00
Individual deposits in all banks........... 31,245,570.00

Resources of all banks .................. $51,898,695.00

Securities (other than U. S. bonds), real
estate and banking houses, furniture and
fixtures owned by banks................$ 6,760,417.00
Examining the report of the State Comptroller, and
comparing the same with the table in his report, show-
ing the valuation of railroads, it will be apparent that
the railroads are assessed at about one half to two-thirds
of their true valuation. The Report of the State Comrp-
troller shows that less the valuation of horses, cattle and
other animals, the assessed valuation of all personal
property in the State is $24,220,596; this is supposed to
include household goods, jewelry, money, notes, stocks,
bonds, etc. Only a small part of this is represented in
2- ov

18

the resources of banks. The Report of the Comptroller
of the United States Currency, for 1908, shows: that the
resources of all banks in the State aggregated $51,898,695.
It is quite apparent that the personal property in the
State is assessed at about one-third of its value. The
real estate is assessed at $99,373,097. Examining the
assessed valuation of t-acts of timber land, or improved
property in the State, it will be apparent that the real
estate in the State is assessed from one-half to two-thirds
of its value.

LICENSE TAX.

It is recommended that there be a thorough revision of
the license taxes. There are many industries on which this
tax bears heavily.

EXPRESS COMPANIES.

License Tax Based on Gross Earnings.

The Express Companies, like the Insurance Companies,
pay but little taxes on property, because, as the Comp-
troller's Report shows, they own but little. It is reconm-
mended that the license tax of the Express Companies be
like that of the Insurance Companies, such a per cent.
on their gross earnings. The total receipts in Florida of
the Southern Express Company, for the year ending June
30th, 1908, were $625,934.15. I understand that this sum
does not embrace that part of the inter-State business
which would be credited as coming to or from Florida.

GRADUATED INHERITANCE TAX.

Thirty-six States have a graduated inheritance tax.
Why not make Florida the thirty-seventh? For the year
ending October 1, 1908, the inheritance tax collected from
the following States, aggregated $11,720,795.49: Arkansas.
California, Colorado, Connecticut, Delaware, Idaho, Illi-

19

noise, Iowa, Kentucky, Louisiana, Maine, Maryland, Mas-
sachusetts, Michigan, Minnesota, Missouri, Montana,
Nebraska, New Hampshire, New Jersey, New York, North
Carolina, North Dakota, Ohio, Oregon, Pennsylvania,
South Dakota, Tennessee, Texas, Utah, Vermont, Vir-
ginia, Washington, West Virginia, Wisconsin, and
Wyoming.

HOMESTEADS IN DRAINAGE DISTRICTS.

Amendment to Section 624, General Statutes, Relative to
Homesteaders Purchasing Eighty Acres of Land at
Twenty-five Cents an Acre-Lands in Drainage District
to be Excluded.
Section 624, General Statutes, authorizes certain per-
sons to purchase as much as eighty acres at 25 cents an
acre. It is recommended that such section be amended so
as not to apply to lands situated in any drainage District,
now established, or which may be established by the Board
of Drainage Commissioners. These lands are now being
drained out of the proceeds of the sales of lands. Should
many choice selections be sold at 25 cents an acre, it
would seriously hamper the work of the Trustees.

PENSIONS.

Report of Pension Boird-Deficiency in Pension Fund-
How Met-Part of Health Fund and Part of Convict
Fund Might Be Appropriated for Paying Pensions-
Pension Statistics From Other Southern States.
In reference to Pensions, the following report of the
Board of Pensions is submitted in full:

"Tallahassee, Florida, March 1, 1909.
Honorable Albert W. Gilchrist, Governor,
Tallahassee, Florida.
Dear Sir:--In compliance with Section 14, Chapter

20

5600 of the Laws of Florida, we, the State Board of
Pensions, submit the following report:
Thee are now seven thousand, five hundred and seventy
(7,570) names on the pension roll of Florida.
Pension claims filed under the Act of 1907, from May
29, 1907, to March 1, 1909, four thousand one hundred and
seventy-six (4,176).
Pension claims allowed under said act, from May 29,
1907, to March 1, 1909, three thousand six hundred six
(3,606).
Pension claims pending, five hundred seventy (570).
Seventy-five (75) pensioners who had been dropped
from the roll on account of property restriction, or to
draw pensions from the United States for Mexican or
Indian war service, have been restored to the roll.
Two hundred and forty-eight (248) pensioners died dur-
ing the year 1908. The roll is not materially decreased,
however, by death, as the pensioner's widow generally
takes his place on the roll.

Pension warrants issued during the year 1907.$357,010.47
Pension warrants issued during the year 1908. 730,835.31
Pension warrants issued during the months
of January and February, 1909............ 187,275.05
Deficit in Pension Fund, March 1, 1909....... 21,194.19

There was a balance of $263,313.69 in the Pension Fund
on May 31, 1907. This amount, together with the levy
of four mills allowed under the present law, has fallen
short of meeting the roll, as is shown by the deficit in the
fund March 1, 1909.
The levy of four mills will produce annually on the
present valuation, approximately, $640,000.00. During
the year 1908 the payment for pensions amounted to
$730,835.31.
One hundred and twenty new claims were filed during
the months of January and February, 1909, an average of
sixty per month. There will be sufficient money in the
fund when the 1908 taxes are in the State Treasury to

21

make two more quarterly payments, but there will not
be sufficient to make the third payment, which will be
due September 30, 1909, and the attention of the Legisla-,
ture should be directed to this fact, so that some pro-
vision shall be made for the quarterly payment due Sep-
tember 30, 1909, and December 31, 1909.
The amount needed for pensions will be increased from
the following causes:
Men who enlisted! as boys in organizations of Home
Guards will be eligible as soon as they attain the required
age of sixty years; the rate per annum will be increased
from one hundred to one hundred and fifty dollars per
annum as pensioners increase in age and its attendant
infirmities; soldiers from other States who have not been
residents of this State ten years will be eligible as soon as
they can establish the required period of citizenship, and
widows of deceased pensioners, as soon as they have been
married the required period of ten years.
It will require a levy of six mills on the taxable prop-
erty of this State to produce sufficient funds to meet the
payments during the two years that will intervene between
the sessions of the Legislatures of 1909 and 1911, unless
the Legislature by a revision of the law limits or restricts
the granting of pensions and decreases the present roll.
Respectfully submitted,
ALBERT W. GILCHRIST, Governor.
A. C. CROOM, Comptroller.
W. V. KNOTT, Treasurer.

The shortage in the Pension Fund can be met only by
cutting down pensions, by paying some, and allowing
others to go unpaid, by prorating, by borrowing money, or
by diverting money from funds which are not needed
immediately. If the cutting down process prevails, it
should not apply to the pensions of those who are needy
and infirm. If the amount on hand is prorated, this would
naturally diminish the payments of all, unless the pro-
rations were made by classification. If only some are to be

paid, this should be applicable to those who are needy
and infirm.
SThe Legislature has authorized the borrowing of money
by note. The Constitution prohibits bonding for purpose
other than refunding, repelling invasion, or suppressing
insurrection.
The Report of the Treasurer, February 28, 1908, shows
in the State Health Fund a balance of $128,742.17. There
will be received by this fund, from the collections for the
1908 laxes, fully $70,000.00. For the year 1908 the State
Board of Health expended $34,819.57. Deducting this
amount for the expenses of the State Board of Health for
the year 1909, there will be in this fund, by the end of
tie year, fully $165,000. The annual half-mill State
Health tax for 1909 will result in fully $75,000.00. It is
quite apparent that a part of the Health Fund could be
diverted. if deemed advisable. From the lease of the
State convicts there will be received fully $38,000.00, July
1st, and the same amount on October 1st. By taking
this money from the counties, for which it is now appro-
priated, a part of this fund could be diverted toward the
Pension Fund. There are hundreds of well-to-do men
whose nnmes are on the Pension rolls. Unless some action
is taken, their names being on the list will prevent many
needy and infirm veterans from receiving assistance.
The following is submitted for information;
The State of Georgia, in 1907, paid to 15,607 Confed-
erate pensioners, $932.685.55, as follows:
To 2,726 disabled soldiers, $153,885.00, or $56.45 each.
To 2,358 widows of soldiers, $141,467.50, or $60.00 each.
To 8,257 indigent soldiers, $495,373.15, or $60.00 each.
To 2,366 indigent widows, $141,960.00, or $60.00 each.
15,607 pensioners received $932,685.55, or an average of
$59.69 each.
ALABAMA.

For the year ending September 30, 1908, the State of
Alabama paid $778,361.00 to Confederate pensioners.
First-class pensioners received $85.00 per annum each.

23

Second-class pensioners received $68.00 per annum each.
Third-class pensioners received $54.40 per annum each.
Fourth-class pensioners received $42.50 per annum each.
There were 16,546 pensioners on the roll for the fourth
quarter of 1908.

SOUTH CAROLINA.

The State of South Carolina paid in 1908 the sum of
$252,343.60 in Confederate pensions.
S123 pensioners in Class A received $11,808.00, or $96.00
each.
169 pensioners in 0lass B received $12,168.00, or $72.00
each.
645 pensioners in Class C (1) received $30,960.00, or
$48.00 each.
4,089 pensioners in Class C (2) received $86,686.80, or
$21.20 each.
737 pensioners in Class C (3) received $35,376.00, or
$48.00 each.
3,554 pensioners in Class C (4) received' $75,344.80, or
$21.20 each.
9,316 pensioners received $252,343.60, or an average of
$27.08 each.

LOUISIANA.

The State of Louisiana, under Act 269 of 1908, appro-
priated $250,000.00 per annum for Confederate pensions.
Sihe has four grades of pensioners, as follows:
Grade 1 receives ............:....... $60.00 per annum.
Grade 2 receives .................. .$56.00 per annum.
Grade 3 receives ....................$44.00 per annum.
Special grade receives .............. $80.00 per annum.

TENNESSEE.

The State of Tennessee appropriates $300,000.00 per
annum for Confederate soldiers' pensions, andr $75,000.00
for widows' pensions. On July 31, 1908, there were 6,100

24

pensioners on the roll in Tennessee. The amount paid to
each pensioner ranges from $60.00 per annum to $300.00
per annum. The average to each pensioner is $61.47 per
annum.
TEXAS.

The State of Texas appropriates $500,000.00 per annum
for Confederate pensions. There are 8,950 pensioners on
the roll. The law provides that each pension shall be
$8.00 per moifh, but the appropriation being insufficient
and limited by the State Constitution, each pensioner now
gets about $55.00 per annum.

PENSION STATISTICS-190S.

Total Total Average
number of amount amount
STATE. Confederate paid in paid to
Pensioners. Pensions. Pensioners.
Bouth Carolina ........... 18,633 $252,343.60 $ 27.08
Tennessee ................6,100 375,000.00 61.47
Texas .................... 8,950 500,000.00 55.86
Alabama ................. 16,546 778,361.00 47.04
Georgia (1907) ...........15,707 932,685.65 59.69
Florida .................. 6,481 730,835.31 112.75
Estimated for 1910, Florida, $950,000.00

APPROPRIATION FOR MAINTENANCE OF VET-
ERANS AT CONFEDERATE HOME.

"Your attention is invited to the fact that only $100.00
per capital is appropriated for the maintenance of the
Confederate veterans, at the Confederate Home, at Jack-
sonville. They each receive a pension, probably the limit,
$150.00. This pension is not for their maintenance at the
Home. It would be well to appoint a committee to exam-
ine into the conditions at the Home, with the view of
determining the amount necessary to be appropriated to
make them comfortable. There are 'less than a dozen
inmates.

25

Recommendations of Judges.

RECOMMENDATIONS OF JUDGE R. M. CALL, OF
THE FOURTH JUDICIAL CIRCUIT-COURT STE-
NOGRAPHERS-AVERTISEMENT FOR BIDS BY
COUNTY COMMISSIONERS.

The following recommendations of Judge R. M. Call
are concurred in. Judge Call's recommendations are
given at length in the Report of the Attorney General:
He recommends: "That court stenographers be subject
to the order of the trial judge in civil cases, the same as
is now provided in criminal cases, and that the fees be
taxed as costs, in the case where the stenographer is
assigned to take it by the trial judge, and paid by the
county. That this cost be taxed as other costs against
the losing party and, when collected in the case, paid over
to the County Treasurer, to reimburse the county for
payment of stenographers." He says that this recom-
mendation is based upon his experience upon the bench.
He also recommends that the "Statutes should be
so framed as to require the County Commissioners of the
different counties to advertise for bids, and give to the
lowest bidder giving a good and sufficient bond for the
performance all work required to be done for the benefit
of the county by the Commisioners thereof."

RECOMMENDATIONS OF JUDGE J. EMMET WOLFE
OF THE FIRST JUDICIAL CIRCUIT.

Repeal of Law Authorizing Reward of $50.00 to Inform-
ers-Carbon Copies to be Furnished by the Clerk of
the Supreme Court.
The following recommendation is made by Judge J.
Emmet Wolfe, First Judicial Circuit, and is concurred in:
He recommends the repeal of the law allowing a reward
of $50.00 to informers in liquor cases. He says: "I think
this law leads to perjury."
He recommends: "A law requiring the Clerk of the
Supreme Court to send a carbon copy of the Supreme

26

Court's decision in appealed cases to the Circuit Judge
who tried the case."

RECOMMENDATIONS OF JUDGE W. S. BULLOCK,
OF THE FIFTH JUDICIAL CIRCUIT.

The following recommendations by Judge W. S. Bul-
lock, of the Fifth Judicial Circuit, are concurred in:
(Cash Bond for Defendants-Repeal of Law Authorizing
Reward to Informers-Section 3448, General Statutes,
"Unintelligible."-Judges of Circuit Courts Certifying
to Pay Rolls-State Attorney to Appear Before Pardon
Board.

He recommends that a law be passed: "Authorizing a
defendant in a criminal case to give a cash bond."
He also recommends a repeal of the law offering a re-
ward of $50.00 in cash in case of conviction of accused
for selling liquor without a license. He uses very strong
language, stating that it is "Premium on perjury. The
teiiptation is too great to commit perjury."
"The law requiring the Circuit Judge to certify to pay
rolls should be repealed at once." "At each term of the
Circuit Court I amw required by law to certify to a fact
of which I have no knowledge." The reasons of all the
Judges are given in full in the Report of the Attorney
General.
He also invites attention to Section 3448 of the General
Statutes, stating that it is "unintelligible." and says, "If
it really passed the Legislature as it Is printed in the
Acts," that 'he believes it to be unconstitutional. He
states: "You will notice that it says, 'Be imprisoned in
the county jail for more than six months!' They have
left out the word 'not' after 'the county jail for.' "
Referring to the Board of Pardons, he says: "If the
State of Florida were represented before the Pardoning
Board by the State Attorney, in the circuit, or district, in
which the applicant was convicted, it would have the
effect of bringing out the true condition and state of
feeling, and at least give the Pardoning Board an oppor-

27

tunity to know and hear both sides." The law should be
such that whenever the Governor, upon the advice and
consent of the Pardoning Board, deemed it advisable the
State Attorney who conducted the case could appear be-
fore the Pardoning Board, and the case before the Pardon-
ing Board could be set for a hearing at a time which
would not conflict with the duties of the State Attorney.
if it were necessary for the case to be set for a hearing
at a time which would conflict with the duties of the said
attorney, in that event the Governor should have the
power to direct some other attorney temporarily to repre-
sent the State in that judicial circuit."

NOTES BY THE GOVERNOR.

Any expense incidental to such should be paid out of
the funds arising from the lease of State convicts.
Such a law would be of special force in petitions before
the Board of Pardons to commute death sentences to im-
prisonment for life.

RECOMMENDATION OF JUDGE J. B. WALL, OF
THE SIXTH JUDICIAL CIRCUIT.

"Amending Section 3529, General Statutes.

Judge Wall recommends that Section 3529 of the Gen-
eral Statutes be so amended as to make it unlawful for
whites and negroes to live or cohabit together in this
State, though married in another State or country. This
is concurred in.

CONSTITUTIONAL AMENDMENTS.

Compiling the Amendments, and Embodying the Same in
the Constitution.
The passage of the following Constitutional Amend-
ments is recommended: That a Board, consisting of the
Governor, Attorney General and Secretary of State, be

28

authorized to revise the present Constitution, by inserting
in the body of the same the amendments which have al-
ready been passed, and which may pass at the next general
election. These amendments to be substituted in the body
of the Constitution, and to take the place of such sections,
or articles, as may be or may have been amended. This
"to be known as the "Constitution as amended in 1910,"
or to be designated in any other manner, as the Legislature
may see proper.

Constitutional Amendment Relating to One-Mill School
Tax for High Schools and Rural Graded Schools.
"The Supreme Court has decided the Acts of 1907, appro-
priating in the aggregate $165,000.00 for each of the years
1907 and 1908, for encouraging High Schools, and for
encouraging average daily attendance, to be unconstitu-
tional. The passage of a constitutional amendment is
recommended, authorizing the levy of a one-mill tax, to
be expended for the benefit of high schools and rural
graded schools throughout the State, as the Legislature
may direct. A one-mill tax will result in $150,000 to
$155,000. The total assessed valuation of all the property
for 1908 was $159,390,230. Though all is not collected
for each particular year, yet the annual redemptions and
sales for previous unpaid taxes will partially offset the un-
paid taxes for each particular year.

CONSTITUTIONAL AMENDMENT COST OP
PRINTING.

Your attention is invited to the fact that, prior to and
including the year 1902, all the constitutional amendments
submitted by the Legislature to the qualified electors were
approved. Since that time there has been, at each elec-
tion, at least one constitutional amendment, which elicited
much discussion. The effort to defeat such amendment,
in many cases, caused the electors, in order to be sure of
voting against the objectionable amendment, to vote
against all. By examination of the vote cast, you will
observe that less than one-third of the electors voted for

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

distribution among all the schools of the district be
equitable."

INDEMNITY LANDS DUE THE STATE.

Wright v. Roseberry, 121 U. S. Sup. Ct. Reports-Swamp
and Overflowed Lands-Deed in praesenti-U. S. Gov-
ernment to Indemnify State for Swamp Lands Sold or
Homesteaded.
Under Act of Congress, Feb. 28, 1850, Florida, like
other States, became entitled to all the swamp and over-
flowed lands within her borders. In this connection, your
attention is invited to the following syllabus in the case
of Wright v. Roseberry, 121 United States Reports, de-
cided May 21, 1887:
"The grant of swamp and overflowed lands to the sev-
eral States by Act of Sept. 28, 1850, is one in praesenti,
passing title to the character of the lands therein de-
scribed, from its date, and requiring only identification
thereof to render such title perfect.
"Such identification by the Secretary of the Interior is
conclusive against collateral attack as being the judgment
of the special tribunal on which such duty was imposed.
"On neglect or failure of that officer to make such des-
ignation, it is competent for the grantees of the State to
identify the lands in any other appropriate mode to pre-
vent their rights from being defeated.
"After segregation of the lands by the State, and adop.
tion of the segregation surveys by the proper Federal
officers, the right of the State's gTantees to maintain an
action for recovery thereof cannot be defeated because
such lands have not been certified or patented to the State.
"The issue of patents for these lands to defendants or
their grantors, under the preemption laws, upon claims
initiated subsequent to the swamp grant to the State, is
not conclusive at law as against parties claiming under
such grant, and in an action for their possession evidence
is admissible to determine whether or not the lands were

32

in fact swamp and overflowed at the date of the swamp
land grant; if proved to have been such, the rights of sub-
sequent claimants under other laws are subordinate
thereto."
The United States authorities have sold, or allowed to
be homesteaded, much land which is undoubtedly swamp
and overflowed. The government should indemnify the
State by returning to the State all cash received for such
sales. In the case of homesteads, other lands should be
given the State as indemnity lands.
It is recommended that a concurrent resolution be
passed, requesting the Senators and members of Congress
from this State to take suitable action toward having the
State indemnified in such cases.

RECOMMENDATIONS OF ADJUTANT GENERAL.

Brigade Encampment-State Rifle Team Competition-
National Matches-Enlargement of Duties of Brigade
Commanders.

The Adjutant General recommends encampment of the
Brigade Infantry, State rifle team competition, State
rifle team to be sent to participate in the national matches,
all of which is concurred in. He recommends enlargement
of duties of Brigade commanders, and the employment of
a stenographer to such commander to be paid by the
State. He states that two Brigade commanders have
resigned on account of their military duties conflicting
with their civil duties. The duties of the Brigade com-
mander in peace should be diminished, instead of being
increased. This recommendation is not concurred in.

MORE LIBERAL LIBEL LAW.

Freedom of the press is the bulwark of the freedom of
a free people. A more liberal libel law is recommended.

33

GOOD ROADS.

Full Power to Counties to Assess Taxes for Roads.

In my inaugural address, attention was invited to the
number of miles of good roads built by the several coun-
ties at their own expense. The suggestion was made that
it would hardly be fair to tax these counties by State
taxation, for the purpose of building good roads in other
counties. Good roads are good roads for the farmer, and
for others, including the politicians. It is recommended
that general laws be passed whereby counties can avail
themselves of the privileges of raising such taxes as they
'may deem advisable.

STATE BOARD OF HEALTH.

Full Authority Over Infectious and Contagious Diseases
-State Board of Health to be "Department of Health
of Florida"--Home for Consumptives Offered by Dr.
J. E. Ennis-Improvements Worth $6,000.00-State
Board of Health Recommends Acceptance-Permission
Requested to Spend $10,000.00 a Year in Connection
Therewith.
A highly interesting and valuable report is submitted
by the State Board of Health. It is to be regretted that
the Board did not summarize the legislation desired. The
following reconmnendations, which meet my concurrence,
are submitted for your consideration: That the law for
the control of contagious and infectious diseases in the
State should be so amended that the Board of Health
shall have full authority to effect in such manner as may
seem best to the interests of the citizens, management of
all infectious and contagious diseases, occurring either
sporadically or in epidemic prevalence.
In the Report of 1907, the following recommendations
are made: That the Board of Health accept the property
3-Gov

34

of Dr. Ennis at Narcoossee, as a sanitarium for the treat-
ment of consumptives. Authority to engage the services
of an engineer, as required. That the title of "State
Board of Health" be changed to "Department of Health
of Florida," together with the change of title of "State
Health Officer" to "Commissioner of Health."
Dr. J. E. Ennis has organized a Home for Consumptives
about two miles from Narcoossee, between Lake Hendon
and Lake East Tohopekaliga. There are twenty-two
acres of land in this tract, the surface slightly undulating,
with the original forest of yellow pine on it, interspersed
with a few oaks.
The improvements are worth about $6,000, consisting
of house, barn, small pinery, orange grove and garden.
Tents are used for the accommodation of the guests,
though it is proposed to build cottages, at a cost of $150
each for them.
Dr. Ennis offers to donate this property in fee simple
to the State Board of Health, for the use of consumptives,
provided the Board will appropriate adequate funds to
carry on the experiment a sufficient length of time to
prove its practicability. The State Board of Health recom-
mends: That the generous offer of Dr. Ennis be accepted,
priation, or to give permission to the State Board of
and that the coming Legislature be asked for an appro-
Health to expend at least $10,000 a year, or so much
thereof as may be necessary, to demonstrate whether the
institution conducted upon a plan for the open air treat-
ment of consumption, can be successfully conducted to the
benefit and cure of this class of disease."

HOSPITAL FOR THE INSANE.

Addition of Two Internes or Clinical Assistants and Vis-
iting Staff-Certain Improvements.
The Board of Commissioners of State Institutions, con-
sisting of the Governor and entire Cabinet, have taken

35

steps to provide two internes, or clerical assistants, for
the Hospital. They are to be graduate physicians. It is
also learned that two such can be obtained for about the
price paid a nurse. In addition to these, there is a Chief
and Assistant Physician. The Board also passed the
following resolution: That after April 1st, 1909, there
shall be appointed a visiting staff for the Florida Hospital
for the Insane, to consist of not more than seven reputable
Florida physicians, each of whom shall be an expert in
the special field for which he is appointed. The members
of the Visiting Staff shall serve without pay, but their
traveling expenses and entertainment, while at the Hos-
pital, will be defrayed by the State.
The Superintendent recommends certain improvements,
the cost to aggregate $312,900. The necessities for such
expenses will be determined by the visiting committee, to
be appointed by the Legislature.

ADVERTISING TIHE RESOURCES OF THE STATE.

It is recommended that at least $5,000 or more be ap-
propriated, to be used by the Commissioner of Agriculture
for advertising the resources of the State, under such re-
strictions as the Legislature may deem proper.

TOWN AND CITY CHARTERS.

Charter to be Amended by the Council, Subject to Refer.
endum.
Much time of the Legislature is usually taken up in
the consideration of town and city charters. Such meas-
ures affect the local interests of the various members of
the Legislature. They are usually of more importance to
them, than general legislation that affects the entire State.
It is recommended that an act be passed, by which these
various charters can be amended by the councils of the
various towns and cities, the same to be submitted to

36

the qualified electors as a referendum. This is undoubt-
edly a better plan of safeguarding the interests of the
people of the various towns and cities, than the usual
manner of passing any old bill, which may be introduced,
without giving it any attention whatever.

SILVER SERVICE FOR BATTLESHIP FLORIDA.

The battleship Florida, being built, will be launched
about June or July, 1911. It is usual to appropriate
fully $5,000, or more, for a silver service, to be presented
to the ship, named in honor of the State.

LOBBYING.

Lobbying in General-Lobbying by Employes of Legis-
lature.
It would be well to enact an effective law prohibiting
corrupt practices concerning, or in opposition to, or in
support of, laws or pending legislation, or in opposition
to or in support of claims against the State, and providing
penalties for the violation of such law.
It would be well to pass an act, with suitable penalties,
making lobbying unlawful by emiployes of the Legislature,
Senate or House, or for any other officer, clerk, secretary,
attache, or employee of either the Senate, or the House of
Representatives, or of any committee of either house to act
as legislative counsel, agent, or lobbyist, for any person,
firm, or corporation, or association of whatever character,
or to attempt personally or directly or indirectly or by
any means whatever to influence any member of the Leg-
islature to support or oppose or to vote for or against
any measure or claim, pending before the Legislature.
It has been claimed that lobbyists have tried to exert
undue influence with some past Legislatures. It is pos-
sible that some such efforts will be exerted some time in
the future.

37

ABRAHAM LINCOLN.

Anniversary of His Birthday a Legal Holiday.

The three greatest men this nation has produced are
George Washington, Robert E. Lee and Abraham Lincoln.
By legislative enactment, this State has declared the anni-
versary of the birthday of the first two a legal holiday.
It is recommended that February 12th, the anniversary
of the birth of Abraham Lincoln, be declared a legal hol-
iday.
Abraham Lincoln showed no animus toward the South.
He was correct in the application of the principle, as
applied to slavery in the United States: "A house divided
against itself cannot stand." He would even have sacri-
ficed this conviction in order to preserve the Union. We
revere the courage, fortitude, self-denial, and devotion to
duty of those who wore the gray. We naturally feel more
kindly toward them, because they were blood of our
blood. We suffered with them, and we naturally glory in
their achievements. We must also appreciate the same
qualities in those who wore the blue. The record made by
both armies is now our common heritage. Many veterans
of the Union army and their relatives and sympathizers
have purchased property in our State, and are interested
in the development of our resources. Thousands of rel-
atives of those who wore the blue are visitors to our
State. There is no other Southern State which has better
reasons for taking the initiative in this matter, than
Florida. Some have said let some Northern State first
act toward recognizing some Confederate chieftain. There
is no Northern State in which one-tenth the reasons exist
for such action toward recognizing some Confederate
chieftain, as there exists in Florida for the action recom-
mended. Besides, Abraham Lincoln was President of the
United States. As such it was his duty to defend and pre-
serve the Union. Had he lived, he would undoubtedly have
been in fact, as well as in name, the President of the whole
United States. His untimely death was a great blow to
the Southland, and consequently to the United States.

38

RELIEF OF ROBERT H. ROESCH, CLERK OF THE
CIRCUIT COURT, MANATEE COUNTY.

At the fall term of the Circuit Court in and for Man-
atee County, one C. P. Fuller was in attendance as a
witness in a criminal case, after having been requested to
come from Seattle, Washington, to testify in an important
case. He was paid by the Clerk of the Circuit Court,
Robert H. Roesch, with the approval of the presiding
judge, J. B. Wall, $434.50. Afterwards, the Attorney
General held that only mileage from the Florida line to
Bradentown and return, including per diem for attend-
ance on court, could be allowed out of the appropriation
for jurors and witnesses. In consequence, $364.20 was de-
ducted by the Comptroller from the amount allowed the
Clerk. The Comptroller recommends that the same be
paid; in which recommendation I concur.

INTERNAL IMPROVEMENT FUND.

Status of the Lands Held by the Trustees of the Internal
Improvement Fund-The Nature of the Compromises
or Real Estate Deals by the Trustees With Claimants,
Holding Through Legislative Land Grants to Railroad
'Companies-The Acreage Now Claimed by Railroad
Companies-The Number of Acres Now Held by the
Trustees-The Residuary Interest in All Lands Held
by the Trustees is Now Vested in the State Board of
Education.
Prior to the administration of Governor Jennings, it
was the policy of the administration to deed lands to the
various railroad companies, in accordance with the terms
of their charter, which had been granted them by the Leg-
islature.
During his administration (see page 267, Vol. 5, Min-
utes of the Trustees of the Internal Improvement Fund
of the State of Florida) he submitted the following prop-

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

effect that the provision of the Constitution referred to
applied! to the lands of the Internal Improvement Fund;"
"the recognition of this claim of the State Board of Edu-
cation against the Internal Improvement Fund was con-
sidered an important feature and largely influenced the
adjustment and settlement of claims by the trustees of
the Internal Improvement Fund and conveyances to the
School Board' under said settlements." The foregoing is
quoted from page 545, Vol. 7, of said minutes.
On page 593, Report of the Commissioner of Agricul-
ture, the number of acres of State lands on hand January
1, 1909, is as follows:

Swampp ........................ ...... 1,531,162.82
I. I. proper ......................... 5,700.32
School... ........................... 255,54S.05
Seminary ........................... 444.86

1,792,856.05

In the Report of the Commissioner of Agriculture, page
575, it appears that the lands claimed byrailroads, and
not deeded, aggregate 5,093,587.26. This does not include
the claims of several other railroads having land grants,
but which have not put in their claims. Of these claims, the
claims to 1,855,947.57 acres have been transferred to the
State Board of Education, leaving 3,237,639.69 acres still
claimed by the railroads. The total number of acres of
swamp lands, as shown from the statement above given,
January 1, 1909, by the trustees, are 1,531,162.82 acres. It
will be remembered' that in all the legislative grants, there
was a provision to the effect that each grant was subject
to prior grants. The transference of these claims to the
State Board of Education does not militate against the
claims of those railroads which have received no lands. If
the railroad companies, having prior claims, had received
these lands, then there would have been no lands with
which to satisfy the subsequent claimants. It thus ap-
pears that this "prior, superior and preferred" claim of
the State Board of Education to 1,855,947.57 acres of land

4

42

is greater than the total acreage now remaining in the
Fund, and therefore there will be no lands left for subse-
quent claimants." Page 543, Vol. 7, Minutes of the Trus-
tees of the Internal Improvement Fund. The Trustees of
the I. I. Fund have instructed the Secretary to make a re-
port, showing the number of acres of lands sold since the
adoption of the Constitution of 1868, and the price per
acre, and from which the School Fund would be entitled
to 25%. This full report will be submitted to you in a
special message. A condensed statement of this report is
now presented.
Terms of the sale by the trustees to Robert J. Bolles of
500,000 acres of lands may be found on page 502, Vol. 7,
Minutes of the Trustees of Internal Improvement Fund;
of the sale to R. P. Davie of 100,000 acres, page 261 of
the same volume; of the sale to Comfort & Co. of 6,422.13
acres, on page 438, same volume; of the sale to J. H.
Tatum & Co. of 12.000 acres, on page 457, same volume.

LANDS CONVEYED TO STATE BOARD OF
EDUCATION.

Approximate statement, relating to twenty-five per cent.
of cash sales of all lands held by the Internal Improvement
Fund. Under Sec. 4, Art. 2, of the Constitution, this per-
centage constitutes a part of the State School Fund.
From the Report of the Secretary 6f the Trustees of
the Internal Improvement Fund it appears that upon
"June 1, 1872, A. Doggett was appointed! receiver of the
Fund by the United States Judge, and all moneys and
securities, etc., were ordered turned over to him. From
that time until about October 1, 1881, the entire manage-
ment of the fiscal affairs of the trustees was in the hands
of the court, administered by this receiver, under orders
of the court. The destruction of the building by fire in
which the court records were kept in Jacksonville, com-
pletely destroying all the records thereof, precluded the
possibility of obtaining information from that source.
The want of proper records here prevented the investiga-
tion as to the proceeds of the sale of land during that

43

period. Hence it was determined to commence with
October, 1881, and list all the land sold for cash, from that
date to February 5, 1908, the last date mentioned in the
resolution called for by the trustees."
"During the period last named the entire proceeds of
the Disston sales were disbursed in the payment of
coupons and interest, adjudged by the United: States Court
to be due, hence the money received from that sale is not
included in the statement of cash sales, from which the
25% may be set apart, under the Constitution of 1868.
"Entries made on account of commissions for selecting
and patenting land, on account of railroad, and canal land
grants, and on account of drainage and canal companies,
for which no cash consideration was received, are also
eliminated.
"The total amount received from October 1, 1881, to
February 5, 1908, so far as it has been possible to ascer-
tain, in pursuance of the resolution of the trustees, fol-
lowing the course above outlined, is $962,503.34. This
amount is subject to reduction, on account of expendi-
tures made by the trustees, in liquidating indebtedness,
contracted under Act of 1855, prior to 1868, for interest on
bonds, judgments, etc., which expenditures were necessary
in order to release the land from the encumbrance placed
thereon by the terms of the Act of 1855, Chap. 610, of
the Laws of Florida.
"It appears that prior to 19'01 practically all of the
funds received by the trustees were used in discharging
this indebtedness, which was a lien on the land, under
Act of 1855, except such funds as were used in paying
attorneys to represent the trustees, and the other inci-
dental expenses connected with the selection, manage-
ment andr sale of the land. Hence the amount of cash
sales from October 1, 1881, to February 5, 1908, has been
divided into two parts, as follows:

From, Oct. 1, 1881, to Dec. 31, 1900.......... $484,334.38
From Jan. 1, 1901, to Feb. 5, 1908.......... 478,168.96

Total .... ............. .............. 962,503.34

44

"There could be no sales of lands within the meaning of
the Constitution of 1868, until the prior liens, created by
Act of 1855, had been removed, and therefore the School
Fund was not entitled to any percentage, except on sales
made from January, 1901, to February 5, 1908, and subse-'
quent thereto. The figures given for the period from
January 1, 1901, to February 5, 1908, show approximately
the amount upon which the 25% fixed by the Constitution
of 1868 may be allowed to the School Fund." A more item-
ized statement may give a different result. The foregoing
is condensed from the Report of the Secretary of the Trus-
tees of the Internal Improvement Fund, March 20, 1909.
Under the compromise, or land trade, made by the
trustees, reference to which is more fully set out on
page 40, there was paid on December 9, 1907, to the L. & N.
Railroad Co., $113,936.95. There was similarly paid on
February 25, 1908, to the Wisner Land Co., $17,456.57.
Total, $131,393.52.
There have been paid to the State School Board in cash
the following amounts:
Nov. 17, 1908-25% of sales from Feb. 5, 1908, to Aug.
31, 1908-$8,324.94.
Jan. 23, 1909-25% of sales from Sept. 1, 1908, to Dec.
31, 1908-$.22,123.40.
Feb. 8, 1909-25% of sales during January, 1909-
($3,225.17.
March 3, 1909-25% of sales during February, 1909-
$6,455.25.
Total-$40,128.76.
The cash payment of the transference of the claims due
under certain railroad charters and land grants to the
State Board of Education aggregated $131,393.52. This
was paid out for lands the residuary titles to which are
in the State Board of Education. This is more than
25% of $478,334.38, being the amount derived from the
sales from January 1, 1901, to February 5, 1908. Although
the trustees are now transferring 25% of the cash re-
ceived from the sales tothe State Board of Education, stilt
this policy may be questioned, until some money is re

45

ceived from the Drainage Tax, the constitutionality of
which is still in question. Until the constitutionality of
the tax is settled, and the tax collected, the trustees will
probably require all the money collected from the sales to
carry out the necessary drainage operations. After the
lands are drained, the residuary title to them will vest in
the State Board of Education.

DRAINAGE.
Cost Per Cubic Foot-Number of Miles of Canal Cut-
Dredges-Total Cost to March 1, 1909.
The following report, relating to drainage operations in
the vicinity of Fort Lauderdale, is herewith submitted!:
"March 12, 1909.
"Governor A. W. Gilchrist:
"Complying with your order wired me March 9, by Mr.
W. M. McIntosh, Jr., the Secretary of the Internal Im-
provement Fund, I beg to hand you herewith a tabulated
statement of the work of each dredge since they began, up
to March 1st:
"Column of 'costs' include all working expenses, repairs,
and supplies, and are ascertained each month for pre-
ceding month, all bills being reported to me for that
purpose by the purchasing agent, Mr. R. A. Bryan.
"In this statement, the costs for February cannot be
given, as the bills for that month have not yet been re-
ported to me.
"Permit me to say that it is not practicable to separate
cost of rock digging from dirt digging, both being done
together and the rock being very irregular.
1, 1909:
"Work of Dredge Okeechobee, April 1, 1907 to February
1, 1909:
"Cost
Rock Earth Total per Length
Year. cu. yd's. cu. yds. cu. yds. Cost. cu. yd. feet
9 mos. 1907.. 170,000 33,434 203,434 $20,398.35 10.2c 10,166
All 1908...200.000 56,431 556,431 28,382.76 5.1c 24,231
Jan. 1909... 5,000 100,884 105,884 3,935.63 3.71c 5,956
865,749 $52,716.74 6.09c 40,352
Feb. 1909... 16,133 30,000 46,133 -niot stated- 2,259

46

"The figures for February, 1909, are given for informa-
tion, but are not included in the totals, as cost could not
be stated.
""Length of south canal, with branch, Feb. 1, 7 miles
and 3,392 feet. Average cost per cu. yd., 6.09 cents.
"Work of Dredge Everglades, July 4, 1906, to Feb. 1,
1909:
Cost
Rock Earth Total per Length
Year. cu. yd's. cu. yds. cu. yds. Cost. cu. yd feet
6 mos. 1906... 63,000 20,455 83,455 $ 7,706.88 9.23c 3,661
All 1907... 85,829 114,962 300,791 25,599.15 8.51c 9,758
All 1908... 12,200 518,780 530,980 25,962.49 4.89c 21,934
Jan. 1909... ...... 71,964 71,964 22,493.31 3.46c 4,048
987,190 $61,761.83 6.25c 39,401
Feb. 1909... ..... 40,000 40,000 2,250

"Leugth of north canal, with branch, Feb. 1, 1909, 7
miles 2441 feet. Average cost per cu. yd., 6.25 cents.
"February not included, because I have not yet the
costs.
"Respectfully,
"JOHN W. NEWMAN,
"Engineer in Charge."

The total length of the two canals dug to March 1,
1909, was 15.1 miles, each of the two canals being approx--
mately seven and one-half miles long. These canals are
60 feet wide by 10 feet deep. The total cost of operating
dredges, see Newman's figures, is $114,478.57. The aver-
age cost per mile is $7,591.36. The total outlay by
Trustees, on account of operating dredges, including cost
of two new dredges, is $377,642.72. By comparing the
cost per cubic yard of the work done by the Everglades,
in January, 1909, in which there was no rock excavated,
cost 3.46 cents, with the cost of the work done in 1907,
when it was part rock and part dirt, the cost being 8.51
cents per yard, the natural inference is that the remainder
of the work will be done more cheaply. It will not, how-
ever, be done proportionately more cheaply, because, as

47

the canals increase in length, the cost of the transporta-
tion of materials, provisions, fuel, etc., proportionately
increases. However, it is safe to say that the average cost
of the work will be more cheaply done, than heretofore,
owing to the fact that there will not be so much rock.
It will be observed that the dredge Everglades com-
menced work July 4th, 1906. It is digging a canal on the
continuation of the North Fork of New River, to Lake
Okeechobee. To February 1st, 1909, this canal had been
cut nearly seven and a half miles. It is working with a
day force only. During the month of January, where
there was no rock, it cut about four-fifths of a mile. From
Ft. Lauderdale to Lake Okeechobee, the distance is esti-
mated to be about fifty miles.
The Dredge Okeechobee commenced work in April, 1907.
It uses both a day and a night force. It has cut some-
what over seven and a half miles. It is working in the
prolongation of the South Fork of the New River. It is
the intention of the Trustees to have this dredge con-
tinue its course for about six miles in a westward direc-
tion, at which point it will turn southeastwardly toward
Miami.
Two dredges have just been completed at Tampa, Fla.
One, the Caloosahatchee, was towed up the Caloosahatchee
River, leaving Tampa March 22, 1909. It is the intention
of the Trustees to have this dredge work its way into
Lake Okeechobee. After entering Okeechobee, it is in-
tended to go southward for a few miles, and thence south-
eastwardly in continuation of the canal being cut toward
Miami, by the Dredge Okeechobee.
The other dredge, Miami, was towed to Miami, leaving
Tampa March 26, 1909. It will work northwestward to
meet the Dredge Okeechobee, coming toward Miami.

SO-CALLED INDIAN WAR CLAIMS.
Bills Leading Up to the Act of 1905, Authorizing Appoint-
ment of Commission-Report of Commission-The

48

Commission Recommended Appointment of Another
Commission-Act of 1907 Authorizing Appointment of
Another Commission-Williams Warrants-Ordinances
of Two Constitutiuonal Conventions, Declaring Them
Fraudulent and Ineffective.
The following brief history of the so-called Indian War
Claims is submitted for your consideration:
On April 10, 1905, Mr. Knight, of Citrus County, intro-
duced in the House of Representatives, House Bill No. 72:
A bill to be entitled An Act to provide for examination
and settlement of claims against the State of Florida for
services rendered and supplies furnished during the last
Seminole Indian War; to provide for appointment of a
Commission to investigate and adjudicate such claims;
to provide manner of payment, and to make appropria-
tions to carry same into effect.
Mr. Knight's bill provided "That the filing in evidence
of a warrant of the Comptroller of the State of Florida,
or the production of duly authorized muster rolls show-
ing enrolled service, shall be taken and deemed by said
Board of Conmmissioners as prima-facie evidence of the
validity of claims, and unless the State can show by com:-
petent evidence that the same are illegal and invalid, the
said Commissioners shall find for the claimants and make
an award accordingly." As the "competent evidence':' to
be provided by the State was about all dead, the passage
of this bill would have cost the State about $675,000.
It further provided that "Whenever the Commlission
shall pass upon a claim and decide that the same is a just
and a valid charge against the State of Florida, such
Commission shall file the record of such case, together
with their award as to the amount of principal and inter-
est due thereon, interest being at the rate of seven per
cent. per annum from the date of the original warrant
filed in evidence or from the completion of the enrolled
service as shown by the muster roll, as the case may be,
in the office of the Comptroller of the State of Florida,
who shall immediately issue in favor of the claimant his
warrant upon the Treasurer of the State of Florida for

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.
4-1H

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 826,
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

dollars. Said report will be submitted by special message
for the information of the Legislature. In said report,
it is made clear that the claims which are now being
pressed against the State for alleged services, subsist-
ence, forage, etc., rendered during the Indian wars of
1855, '56, '57, should not, be allowed for the reason that
such claims were not used by the State of Florida in
making its claim against the government of the United
States, and were not allowed and paid by the government
of the United States to the State of Florida.
The Commission of 1907 delegated one of its members,
Hon. J. W. Knight, to proceed to Washington to obtain
what evidence and data he could with regard to the
statement of the account between the State of Florida
and the United States government for Indian war
services in the years 1855, '56, '57, and Mr. Knight made a
report to the Commission which clearly illuminated the
real status of the present day claims. Mr. Knight says:
"I went to Washington strongly believing that some, if
not all, the claims which are being made against the
State for services, subsistence, forage, transportation,
etc., had been included in the statement by the State of
Florida against the United States government, and I
therefore felt that the State Treasury held 'money that
really belonged to many, if not all, of these claimants;
but upon investigation, made as indicated above. I very
soon concluded that these items, amounts and claims had
not been included in the account made by the State
against the National Govezr ment."
It seems, from the evidence on file in the Capitol, that
during the years of the Indian hostilities, 1855, '56, '57,
there were certain companies organized under the author-.
ity of the State government, for the purpose of sup-
pressing such hostilities, which companies were in regular
form received' and enrolled in the service of the United
States. Payment of these regularly enrolled companies
was made by the State, and such payments afterwards
became the basis of the State's claim against the United
States government.
It appears, further, from evidence on file in the Capitol,

52

that there were other companies, in the nature of Home
Guards, with various numbers of citizens as members, and
with more or less regular organizations, which companies,
however, were never received or enrolled, or recognized
in the service of the State, or of the United States. It
appears that after the suppression of Indian hostilities
a large number of State warrants were issued on account
of the alleged services rendered by such irregular com-
panies, and there are public and official charges of fraud
having existed in the issue of such warrants, as is evi-
denced by the official documents which have been sub-
mitted to former Indian War Claims Commissions, and to
former Legislatures.
It seems to be settled, from the records of all the officers
and commissions, that such claims form no part of the
basis of settlement between the State of Florida and
the United States government, which was concluded and
adjusted in 1902, and that the State of Florida has not
received from the United States government any money'
which should be used in payment of such claims.
The amount refunded to the State was simply a reim-
bursement of money actually paid out, and no claim not
actually paid in cash by the State was allowed in such
settlement. There is probably one exceptional case, that
of Lieutenant Alderman Carlton, to which your attention
will be invited. This is not a part of the Williams war-
rants. The claims represented by the Williams warrants,
or Blue Scrip, were all rejected by the United States
government, and the State never received a cent on
account of such claims from the government, or from any
other source.
The warrants upon which these numerous claims are
based were issued by Comptroller R. C. Williams, under
an Act of the General Assembly approved February 8.
1861.
The Constitutional Convention in session on July 27,
1862, adopted Ordinance No. 60, as follows: "Be it or-
dained by the people of the State of Florida, in conven-
tion assembled. That the Act of the General Assembly
approved February 8, 1861, and entitled 'An Act to pro-

53

vide for payment of the Florida Volunteers, and others
who have not been paid for services actually rendered
the State of Florida in the last war with the Seminole
Indians,' be and the same is hereby repealed, and the
payment of all warrants issued by the Comptroller under
said Act be suspended."
During the same Convention, to emphasize the said
repealing ordinance, another ordinance, No. 63, was
passed, which set forth what ordinances passed threat
should be temporary, and what should be permanent in
their nature, and said ordinance No. 60 was put in the
class of permanent legislation.
On November 6, 1865, the Constitutional Convention
then in session, adopted an ordinance providing that "The
ordinance in relation to State Liabilities and Treasury
Notes shall not be so construed as to invalidate or impair,
or make void any bona fide contract or liability of the
State of Florida incurred or undertaken prior to the date
of the Ordinance of Secession. Provided, That this ordi-
nance shall not apply to any claims which have heretofore
been declared fraudulent, or have been rejected by the
State."
The R. C. Williams Warrants, the basis of the Indian
War Claims which have been pressed to this date, are the
claims referred to as having been rejected by the State.
So far as has been ascertained, the warrants issued by
R. C. Williams aggregated the sum of $165,606, which,
with interest, would now amount to about $675,000.00.
The Act of February 8, 1861, under which the R. C.
Williams Warrants were issued, which are the basis of
the claims which have survived up to this time, was ex-
pressly repealed and payments thereunder expressly sus-
pended by the Ordinance No. 60 of the Constitutional
Convention of 1862, and repeal emphasized by Ordinance
No. 63 of the Constitutional Convention of 1865.
Since the adoption of Ordinance No. 60, on July 27,
1862, there has never been any validity whatever to any
warrants issued under the above mentioned Act of 1861.

54

Under Chap. 5268, Acts of 1903, 25,201.83 was paid to
holders of certain warrants issued under Act of February
8, 1861. Not a cent of this amount was received by the
State from the United States, or from any other source.
It is safe to say that not a cent of it will ever be refunded
to the State.
At the time of the Indian War, by means of Home
Guard organizations, or otherwise, men protected their
homes, just as men now protect their homes from fire in
towns in which there are no fire companies. There is not
as much reason for paying them, as there would be for
paying Confederate soldiers, who were paid off in worth-
less Confederate money. The Confederate soldiers were
mustered into service, and were recognized as such. Had
these men been mustered into service, and had been recog-
nized as soldiers, they would have been paid with those
who were so recognized. The Commission appointed under
the Act of 1905 had the following information:

"Treasury Department, State of Florida.
Comptroller's Office,
Tallahassee, Fla., May 11, 1905.
"Hon. A. W. Gilchrist, Speaker of the House of Repre-
sentatives, Capitol.
"Sir :-In response to your inquiry, I beg to say that
,the money paid to the State of Florida by the General
Government under Public Act No. 124, was to reimburse
the State of Florida for money actually paid out by said
State to individuals who served in the Indian Wars, or
who furnished supplies, transportation, etc., for the
soldiers, during such wars.
"The claims filed in Washington by the State of Florida
were supported in every case by the actual receipt of the
person to whom the amount had been paid by the State
of Florida in cash, and no claim would have been consid-
ered or allowed, by the United States government, which
was based on anything but an actual payment of cash by
the State of Florida.

55

"'The State of Florida received from the United States
government only such money as was actually paid out by
the State, and there is, therefore, no basis for any claim
whatsoever against the State of Florida, for or on account
of any part of the money received by the State of Florida
from the United States of America under Public Act
No. 124. "Very respectfully,
"A. C. CROOM,
Pages 880 and 881, H. J., 1905. "Comptroller."

It will be observed that the Commission appointed under
Act of 1907, after having one of their number examine
the records at Washington, arrived at the same conclusion
as is stated in the foregoing by the Comptroller.
These claims were presented after the settlement of
the mutual claims between the State and the United
States growing out of the Indian Wars. The evident pre-
sumption is that these claimants thought the State had
received moneys on account of them from the United
States. Otherwise, the claims would have been presented
earlier. During the Gubernatorial campaign of 1908, these
claims played an important part. Some of the parties
interested in securing their payment wrote throughout
the State to the heirs of the original claimants, telling
them that if one candidate was elected Governor they
would receive so many hundred dollars, and that if
another candidate was elected they would receive nothing.
As these repudiated claims, with interest, aggregate $675.-
000.00, held by many voters, in a close election these
claimants might determine the result of an election.

SCHOOL FUND INVESTMENTS.

The State Common School Fund Is Now Invested in 3%
State Bonds-The Counties Pay From 3% to 6% On
Their Bonds-Authority to Invest the Funds in County
Bonds Is Recommended.

56

The Constitution, Section 3, Article 12, provides that
the State Board of Education "shall have the management
and investment of all State School Funds, under such
regulations as may be prescribed by law." Under Sec.
267 of the Revised Statutes of 1892, the State Board of
Education was directed "to invest moneys of the common
school fund in bonds of the United States, or of the
several States," under certain specified conditions. This
section was omitted in the General Statutes of 1906.
In the Act of 1905, "adopting and providing for the
General Statutes," in Sec. 1, provision is made for the
repeal of "every statute of general and permanent nature,"
etc., "not included in such general statute, or recognized
and continued in force by reference therein."
Sec. 336 of the General Statutes of 1906 provides that
the State Board of Education is directed and empowered
"to have the direction and management, and provide for
the safekeeping and expenditure of all the educational
funds of the State, with due regard to the highest inter-
ests of education.'
Some of the counties pay from three to six per cent.
interest on their bonds. The State School Funds are now
invested in three per cent. bonds. It appears that the
State Board of Education could now lend the school funds
on county bonds. As this would be a departure from
long established custom, it would be well to enact a law,
specifically authorizing the Board to invest the common
school funds "in such county bonds, and under such
restrictions as may be deemed advisable." This should
not be to the exclusion of all investments in United States
and State bonds.
As a general proposition, it is not good policy to lend
the funds of the State to counties, as future Legislatures
may pass bills relieving the counties of such indebtedness.
Such a policy would iusallyi tend to impair the fund.
Future Legislatures would hardly relieve counties of debts
for moneys borrowed by them from the common school
fund.

57

LAWS GOING INTO EFFECT ON THE APPROVAL
OF THE GOVERNOR.

Of the 273 acts passed by the Legislature of 1907, 209
became operative on their approval by the Governor. The
Constitution wisely provides that "unless otherwise spe-
cially provided in such law," they become effective "sixty
days from the final adjournment of the Legislature." As
Florida has been a State for sixty-four years, and as the
State and the people have gotten along fairly well without
such laws, it does look as if we could get along in most in-
stances without such laws, for a few weeks longer. There
is no chance for anyone to become posted on such laws.
What then becomes of the justice of the proposition-
"Ignorance of the law is no excuse for crime?"

STATE PRINTING.

The Sections 652 to 660 of the General Statutes, relating
to the public printing of the State, should be so amended
as to permit the Board of Commissioners of State Institu-
tions, after advertising, to let by contract the work, as
seems best to the Board. Under the present law, the
work is required to be let to one firm or corporation.

RAILROAD TRANSPORTATION-PASSES-EDI-
TORS-FAMILIES OF EMPLOYES.

Your attention is invited to Sec. 2919, General Statutes.
There are good reasons why it should be amended so as to
allow common carriers, through their proper officers, to
exchange "passes or tickets with other railroad companies,
for their officials and employes," and their families; to
give reduced rates or free passes to intending settlers; to
exchange transportation for advertisements in newspa-
pers; to permit railroad companies and steamboat and
steamship companies to exchange transportation. Editors
do much free advertising, and aid much in developing the
country. The securing of one good, active settler on a

58

railroad line would be of more benefit to the railroad com-
pany than a year's transportation.

JOURNALS.
Your attention is invited to the manner in which the
records of the minutes of the Legislature are prepared
for filing in the office of the Secretary of State. It is recom-
mended that the Committee on Journals examine their
records, as filed in the office of the Secretary of State.
NAVAL STORES-MEMORIAL TO CONGRESS.
The naval stores industry is one of the chief industries
in the State. The representatives of this industry are
anxious for the passage of the Naval Stores Bill, now
pending in Congress. This bill is intended to prevent the
adulteration of spirits, and the re-grading of rosin. It Is
in the interest of honesty. Their representatives are
anxious for the passage of a memorial to Congress, urging
the passage of such a law. Their recommendations are
concurred in.
HORTICULTURAL SOCIETY.

Five Hundred to One Thousand Dollars to Assist in the
Publication of Proceedings and Distribution Through
the State Agricultural Department.
The Florida Horticultural Society has done much for
the horticultural interests of the State, and the citrus
fruit growers of the world. It is recommended that $500
to $1,000 be annually appropriated to assist in the publi-
cation of their proceedings, for distribution through the
Agricultural Department of the State.

STATE REFORM SCHOOL.
Recommendations by the President of the Board of Man-
agers, and by the Woman's Club, of Jacksonville, Fla.
The President of the Board of Managers, Florida State
Reform School, has submitted his report:
He recommends certain improvements, the necessity for
which will be best determined by the committee to be

59

appointed by the Legislature to examine into and report
upon the same. This report will be submitted in full by
special message.
The Woman's Club of Jacksonville, through its special
representative, has submitted certain recommendations for
the betterment of the inmates of this institution. These
recommendations will also be submitted to you in full,
by special message. The aforesaid committee will neces-
sarily 'have an opportunity of determining upon the ad-
visability of adopting them. Any appropriation for this
institution should be made from the funds derived! from
the lease of State convicts.

REIMBURSEMENT OF DE SOTO COUNTY.

Extra Expense Due to the Maintenance of Isaiah E.
Cooper.
Isaiah E. Cooper was convicted of murder in the first
degree at the spring term of 1904 of the Circuit Court In
and for the county of De Soto. He remained in the county
jail until his sentence was commuted to life imprisonment,
January 26, 1909. It is only just that the county of
DeSoto be reimbursed for the extra expense, over and
above a reasonable time, incidental to his support and
maintenance in the county jail. If such an appropriation
is made, it should be from the funds derived from the
lease of State convicts.

THE GOVERNOR NOT TO BE ELECTED CONGRESS-
MAN OR SENATOR DURING HIS TERM.

The Constitution forbids the Governor succeeding
himself. In addition, make it so that the Governor cannot
be elected Congressman or United States Senator during
his term of office.

ASYLUM FOR LIFE FOR CRIMINALLY INSANE

Sometimes a party charged with crime comes clear, on
the ground of criminal insanity. Such people should be

60

placed in an asylum for life, not as a punishment, but as
a means of protection for society. Criminally insane
people may explode at any moment. In an asylum their
explosions can do no harm. An asylum for life would
prevent some people from going insane.

DEFICIENCIES.

Excess of appropriations over revenue, $489,612.23
Accrued deficits, $117,000.00.
Total, exclusive of pensions, $606,612.23. Utmost econ-
omy is necessary.

Your attention is invited to the following report of
the Comptroller, under date of March 30, 1909:
"In response to your inquiry of even date, I beg to stb-
mit the following information:

On January 1, 1907, the balance in the
State Treasury to the credit of the
General Revenue Fund was:........ $ 116,534.63
Receipts from taxes, licenses and' mis-
cellaneous sources during 1907 .... 818,940.60

$ 935,475.23
Warrants issued in 1907............ 899,972.92
Balance in General Revenue Fund on
January 1, 1908.................. 35,502.31
Receipts from taxes, licenses and mis-
cellaneous sources in 1908........ 975,686.18

$1,011,188.49
Warrants issued in 1908............ 749,374.57
Balance in General Revenue Fund
January 1, 1909........... ...... 261,813.92
The appropriations made by the Leg-
islature of 1907, amounted to................... $2,366.190.34
The revenue provided by the two
mill tax for the years 1907 and 1908,
approximately ,.......... .......$ 600,000.00
Receipts from licenses; and miscella-
neous sources in 1907............. 603,389.86
Receipts from licenses and miscella-
neous sources in 1908, $.........$ 673,188.25-$1,876,578.11

Excess of appropriation over revenue.............$ 489,612.23
The expenses of collection of revenue
from July 1, 1907, to date, amount
to ................. ...........$ 172.438.34

(61

"The following appropriations made by the Legislature
of the State of Florida, at the session of 1907, have not
been paid, either in whole or in part, for the reason that
they were held by the Attorney General to be subject to
the restraining provisions of Chapter 5603 of the Laws
of Florida, and were not payable until after sufficient
funds were in the State Treasury to pay the current ex-
penses of the State, including the current expenses of the
State Schools:

Appropriation by Chapter 5631 of the Laws of
Florida, to construct a lock with gateways
across what is known as the Lake Hicpochee
Canal at or near the Lake shore..........$ 25,000.001
Appropriation by Chapter 5653 of the Laws of
Florida, for the uniform system of public
(county) schools, $65,000.00 each year for
1907 and 1908 ........................... 130,000.00
Appropriation by Chapter 5654 for State aid to
public (county) schools, based on attendance,
$60,000.00 each year for 1907 and 1908...... 120,000.00
Appropriation by Chapter 5657 of the Laws of
Florida, for State aid to extend term of
county schools receiving no other aid except
from one-mill State school tax, $40,000.00
each year for 1907 and 1908.............. 80,000.00
Appropriation by Chapter 5711 of the Laws of
Florida to erect a monument on the battle-
field at Chickamauga..................... 15,000.00
Appropriation by Chapter 5735 of the Laws of
Florida, for the West Florida Fair Associa-
tion, $2,000.00 each year for 1907 and 1908.. 4,000.00
Appropriation by Chapter 5734 of the Laws of
Florida, for the Florida Mid-Winter Fair
Association, $15,000.00 each year for 1907
and 1908 .............................. 30,0f00.00

"In addition to the above appropriations.which have not
been used in whole or in part, there was an approTriation
for the Educational Fund under Chapter 5602 of the

62

Laws of Florida to meet the current expenses of the State
schools, and for buildings and repairs for said schools,
including the State University, the Florida Female Col;
lege, the Blind, Deaf and Dumb Institute and the Colored
Normal School, in the sum of $570.711.43, out of which
there has been disbursed the sum of $206,732.68, leaving
balance unexpended' at this date, $363,978.75.
"This latter appropriation has also been held
Attorney General to be subject to the provisions of Chap-
ter 5603 of the Laws of Florida, but the current expenses,
and such other expenses as were deemed by the Board
of State Institutions to be actually necessary, were paid
under the authority of said Board.
"The estimated deficiencies in the appropriations made
by the Legislature of 1907 to June 30, 1909, are as follows:

General printing and advertising, estimated de-
ficiency caused by having to pay therefrom
part of the printing for the Legislature of
1907, and publishing notice of election on con-
stitutional amendments ..................$ 7,000.00
Expenses collection of revenue, estimated de-
ficiency due to increase in collection and
compensation. ........ ...... ..... ..... .50,000.00
Maintenance of Lunatics, estimated deficiency
due to increase in inmates............ 30,000.00
Jurors and witnesses, estimated deficiency due
to increase in business before the courts.. 30,000.00

"Respectfully yours,
"A. C. CROOM.
"Comptroller, State of Florida."

The excess of appropriations over receipts ap-
pears to be ..................... $489,612.23

The following are actunl accrued deficits:

63

Publication of Constitutional amendments.. $ 7,000.00
Amount of appropriation for collection of rev-
enue .................... .. ........... ... 50,000.00
Maintenance of Lunatics ................... 30,000.00
Appropriation for jurors and witnesses....... 30,000.00
Railroad Commission reports and accrued
deficit of ................................ 5,000.00

Total actual accrued deficits ............. $122,000.00

If, in providing for the actual accrued deficits, the Leg-
islature provides for the payment of the excess of appro-
priations over receipts, the total amount to be provided
for, in addition to the current expenses for the two coming
years, and for the other amounts to be appropriated, will
aggregate $611,612.23.
This does not include the deficit in the Pension Fund
heretofore mentioned. Of this amount, the Supreme Court
decided to be unconstitutional the appropriations for
high schools and graded schools-$330,000.
It seems as if these appropriations were made and
were practically vetoed by failing to provide sufficient
revenue, and by the enactment of Chap. 5603, Acts of
1907, being:

An Act to Regulate the Making of Contracts, and the
Incurring of Obligations for the Expenditure of Money
Payable Out of the General Revenue Fund of the State.

The appropriation of $330,000 for high schools and
graded schools was practically all spent by the County
Boards of Education. It looks as if the State was in
honor bound to pay them. On the other hand, it looks as
if the payment of the same is prohibited by the Constitu-
tion. The Legislature will necessarily be called upon to
practice the utmost economy.

64

REPORTS OF STATE DEPARTMENTS.

I herewith submit the able reports of the several heads
of administrative departments, the State Board of Health,
the Adjutant General, the Superintendent of the Hospital
for the Insane, the State Geologist, the State Chemist,
and such other reports as have been submitted in accord-
ance with law.
I have the honor to be,
Very respectfully,

ALBERT W. GILCHRIST;
Governor.

INDEX

Page.
Adjutant General, Recommendations of .......... 32
Advertising Constitutional Amendments......... 29
Appropriations, Deficiencies in.................. 60-63
Assessed Valuations .................. ...... 16
Asylum for Criminal Insane.. ... ............ 59
Attorneys, Neglect of .......................... 4, 5

Banks, Resources of ................. ......... 17
Battleship, Silver Service for .................... 36
Bonds for School Houses............. .......... 30
Bullock, W. S., Recommendations of............. 26

Call, R. M., Recommendations of ................. 25
Cash Bond for Defendants...................... 26
Charters, Town and City, Amendling. .............. 35
Circuit Judges, Recommendations of............ 25
City Charters, Amending ........... ......... 35
Common Carriers, Investigating Books of........ 8
Compromises by Trustees I. I. Fund............. 38, 42
Condition of State ........................... 3
Confederate Home ............................. 24
Constitiitionnl Aiienleinents ............. 27, 28, 29
Consumlptives, Home for ............... . 33
Convict Cgnips, Ieallth of............ ..... 11
Convicts, County ....... ......... ........ ..... 12
Convicts, State ...... ............ .... 9
Convict Hire Fund, Disposition o. ............... 13
Convicts on Road W ork ....... ........ .... .
Counsel, Neglect of.................. ...... .. 4, 5
County Coinitissioniies . . ........ 25.

INDEX.

County Work, Bids for... ... .. .. ..... 25
Court Stenographers ...................... 25
Criminal Insane, Asylum for. ................... 59
Criminal Prosecutions, Cost of. ................. 13

D ebt, Public ........................ ........ 13
Debt, Public, sinking fund for ................... 13
Deficiencies in Appropriations. ............... 60
DeSoto County, Reimbursement of ............... 59
Drainage Districts, Homesteads in.............. 19
Drainage, Progress and Cost of.. ..... 45
Drainage Tax ............... ..... 14
Due Process of Law............. ....... 4, 5

Express Companies, Tax on........... ......18

Female Convicts .............................. 10
Fertilizers, Inspection of........... .......... 8

Good Roads ................... .............. 3
Governor, Candidacy of for Congress or Senate... 59

Health of State .............. ................ 3
Health, State Board of..... .... ..... 33
High Schools, Tax for. ........ ....... 30
Homesteads in Drainage Districts. ...... .. ... 19
Hospital for Insane ....... ....... ...... 34
Hospital for Insane, funds for ..... .... .. 13
Horticultural Society .............. . 58

Illiteracy .............. ...... ...... ......... 3
Indemnity Lands Due the iltte................. 31
Indian War Claim.s ....................7-5
Informers, Reward for. .. ........ ........ 25,2
Inheritance Tax . . . . 18
Internal Imprt-ovemnient Fund.............. ..... 38
Insane, Hospital for.................. .. 34
Investinenls of School Fund .. ........ .....

II

INDEX. III

Lands in I. I. Fund.......................... 38,42
Laws, Date When Effective ...................... 57
Law, Due Process of .......................... 4,5
Lease, Convict .................. ............... 9
Libel Law .................................... 32
License Taxes ................. ............... 18
Lincoln, Abraham ............................. 37
Lobbying ........................ ..... ....... 36

Marriage Between Whites and Blacks............ 27
M militia ....................... ... ......... 14, 32

Naval Stores, Memorial to Congress.............. 58
Navigable Streams, Timber in ................... 14

Pardons ...................... .............. 12, 26
Parole System for Convicts ............ .. ....... 12
Payrolls, Judge Certifying to................... 26
Pensions ..................................... 19
Pension Fund, Deficiency in.................... 22
Pension Statistics of Southern States............ 22
Penitentiary ............................... 9
Population ................. ....... ........... 3
Primary Elections .......................... 9
Printing, State ................................ 57
Property, Taxation of........................ 16, 17
Public Work, Bids for .......................... 25
Public Debt ........................ ........ 13
Pullman Cars, Taxation of ...................... 15
Pure Food, Inspection of ................... 8

Railroad Commission ..................... .. 8, 9
Railroad Passes .......... .. ...... 57
Railroad Triansplortation .............. ... ..... 57
Recommendations of Circuit Judges .......... 25
Reports of State TDeTirtments ................. 64
Resources of State, Advertising................. 35
Roads, Convicts on ........................ .... 11
Roesch, R. 7H., Relief of........................ 38

School District Tax .............. ......... 29
School Funds, How Derived. .... ........ 2
School Fund Investments ...... . .
School Houses, Bonds for....... ... ..... 30
Silver Service for Battleship Florid: .... .. .. 36
State, Condition of ....................... 3
State Attorneys Before Pardon Board............ 26
State Board of Education, Lands Conveyed to ... 42
State Board of Education, Moneys Paid to........ 44
State Board of Health. ............ .........
State Convicts .............. ................ 9
State Reform School ............... ......
State Troops ................ ......... 1-1, 2
Stenographers, Court ..... .. ......... 25
Supreme Court, Decisions of...............
Supreme Court, Due Process of Law in......... 5

Taxation ...................... 14, 1 16, 1 i, "
Telegraph Companies ........... .......9
Timber in Navigable Streams.. ............... 14
Troops ................................ .. 14, 32

Wall, J. B., Recommendations of............ 27
Wolfe, J. Emmet, Recommendations of ......... 2
Women, Convicts ............ ...... 10

IV

INIIAX.

JOURNAL

OF THE

House of Representative s

WEDNESDAY, APRIL 7, 1909.

The House was called to order by the Speaker at 12
o'clock m.
The roll being called, the following members answered
to their names:
PRESENT.
Messrs. Acree, Alexander, Blanton, Boland, Brown,
Butler, Bynum, Calkins, Carter, Carn, Cash, Chaires,
Chase, Clarke, Conway, Cox, Davis, Dempsey, Doke, Du-
Pont, Durrance, Epperson, Godfrey, Grace, Hardee, Hil
burn, Hodges. Kelley, King, Knight, Knowles, Light,
Littell, Mahaffey, Malone, Miller, Moore, McCaskill, Mc-
Kenzie (Washington), McKenzie (Putnam), MacWil-
liams, Neeley, Newton, Ogilvie, Pattishall, Peaden, Reg-
ister, Richbourg, Robertson, Smith, Sheppard, Stewart,
Stokes, Stringer, Taylor, Terrell, Thaggard, Thornton,
Tidwell, Trammell, Wall, Watford, Wells, Wilson, Mr.
Speaker-65.
A quorull present.
Prayer by the Chaplain.
Mr. Kelley, of Baker, came forward and took the oath
of office as prescribed by the Constitution of the State
of Florida before Mr. MacWilliams, notary public for
State at large.

INTRODUCTION OF HOUSE RESOLUTIONS.
By Mr. Moore, of Franklin.
House Resolution No. 2.
Be it Resolved by the House of Representatives, That

this House extend to the ladies of Tallahassee, who so
thoughtfully and graciously furnished beautiful flowers
for the adornment of this hall on the opening day of the
session, the sincere and cordial thanks of the House of
Representatives.
Which was read.
Mr. Godfrey moved the adoption of the resolution.
Which was agreed to.
By Mr. Calkins, of Nassau.
House Resolution No. 3:
EBe it Resolved by the House of Representatives, That
the Speaker be authorized to employ a secretary to per-
form clerical duties..
Which was read.
Mr. Calkins moved the adoption of the resolution
NWhichl was agreed to.
By Mr. Alexander, of Volusia.
House Resolution No. 4:
Be it Resolved by the House of Representatives, That
we extend our sincere thanks to the Tallahassee Woman's
Club, the Town Improvement Association, the W. C. T. U.,
and the ladies of Tallahassee for the beautiful flowers pre-
sented to our Speaker and the members of this House,
and, as a. further mark of our respect and token of our
appreciation, it is hereby
Ordered that this Resolution be spread on the Journal
of this House.
Which was read.
Mr. Alexander moved the adoption of the Resolution.
Which was agreed to.
I'y Mr. Register, of Hamilton.
House Resolution No. 5:
Be it Resolved, That the Chief Clerk of the House have
printed daily five hundred (500) copies of the Journal.
Which was read.
Mr. MacWilliams offered the following amendment:
"That '500' be stricken out and '750' inserted."
Mr. MacWilliams moved the adoption of amendment.
Which was agreed to.
Mr. Register moved the adoption of the Resolution.
Which was agreed to.

3

By Mr. Trammell, of Calhoun.
House Resolution No. 6:
Be it Resolved by the House of Representatives, That
the Sergeant-at-Arms procure from the Secretary of S,tate
copies of the General Statutes of 1906 and the Laws of
1907 for the use of each member of the House of Repre-
sentatives, respectively, and that the same be placed upon
the desk of each member.
Be it further Resolved, That the Sergeant-at-Arms shall
return said General Statutes and Laws to the Secretary
of State upon the final adjournment of the Legislature.
Which was read.
Mr. MacWilliams offered the following amendment:
"That the words 'upon his requisition' be inserted in
the fourth line after the word 'respectively.'"
Mr. MacWilliams moved the adoption of the amend-
ment.
Which was agreed to.
The question then recurred upon the adoption of the
resolution as amended.
Which was agreed to.
By Mr. Clarke, of Jefferson.
House Resolution No. 7:
Be it Resolved by the House of Representatives, That
no committee be allowed to employ a Clerk without the
consent of the House.
Be it further Resolved, That before the House author-
ize the employment of such Clerk that a committee of
five be appointed to investigate and report to the House
what committee or committees, in their judgment, are
entitled to the services of a Clerk.
Which was read.
Mr. Calkins offered the following amendment:
"Strike out Section Two."
Mr. Calkins moved the adoption of the amendment.
Mr. Light offered the following as a substitute for the
amendment as offered by Mr. Calkins:
"That there shall be but five committee Clerks allowed."
Mr. Calkins moved that the substitute be laid on the
table.
Which was agreed to.

4

The question then recurred upon the adoption of the
amendment as offered by Mr. Calkins.
A roll call being ordered, the vote was:
Yeas-Messrs. Acree, Alexander, Bynum, Calkins, Car-
ter, Cash, Chaires, Cox, Durrance, Epperson, Godfrey,
Grace, Hilburn, Hull, Kelley, King, Knowles, Malone,
Moore, McCaskill, McKenzie (Washington), McKenzie
(Putnam), MacWilliams, Neeley, Ogilvie, Register, Rich-
bourg, Smith, Stewart, Stokes, Stringer, Taylor, Thaggard,
Thornton, Tidwell, Trammell, Watford-37.
Nays-Messrs. Blanton, Boland, Brown, Butler, Cam,
Chase, Clarke, C'onway, I)avis, Dempsey, I)Dke, DuPont,
Hardee. Hatcher, Hodges, Kniight, Lilght. Littell, Mahaffey,
Miller, Newton, Pattishall, Peaden, Roberson, Sheppard,
Terrell, Wall Wilson, Mr. Speaker-29.
The amendment was agreed to.
The question then recurred on the adoption of the reso-
lution as amended.
Which was agreed to.
Mi. Knowles of ,Monroe, moved that the Committee on
iulles, to consist of five members, be now appointed.
Which was agreed to.
The Speaker thereupon a pointed Messrs. Knowles,
Calkins, Alexander, HIodges, and Malone.
Mr. MacWilliams, of St. Johns, moved that the House
adjourn until 3 o'clock p. m. tomorrow.
Which was agreed to.
And the House thereupon stood adjourned.

THURSDAY, APRIL 8, !909.

The House was called to order by the Speaker at 3
o'clock p. m.
The roll being called, the following members answered
to their names:
Messrs. Acree, Alexander, Blanton, Boland, Brown,
Lutler, Bynum, Cuarter, Cam, Cash. Chaires, Chase, Clark.
Conway, Cox, Davis, Dempsey, Doke, DuPont, Durrance,
Epperson, Godfrey, Grace, Hardee, Hatcher, Hilburn,
Hodges, Hull, Kelley, King, Knight, Knowles, Light, Lit-
9. 1 Zn L-1 ~VII~J Uhlr~ ~~

5

tell, Mahaffey, Malone, Miller, Moore, McCaskill, Mc-
Kenzie (Washington), McKenzie (Putnam), MacWilliams,
Neeley, Newton, Ogilvie, Page, Pattishall, Peaden, Reg-
ister, Richbourg, Roberson, Smith, Sheppard, Stewart,
Stokes., Stringer, Taylor, Terrell, Thaggard, Thornton, Tid-
well, Trammell, Wall, Watford, Wells, Mr. Speaker-66.
A quorum present.
Prayer by the Chaplain.
Mr. MacWilliams, of St. Johns, moved that the reading
of the Journal be dispensed with.
Which was agreed to.
Journal was approved.

COMMUNICATIONS.
The following communications were received and read:
Tallahassee, Fla., April 8, 1909.
To the Honorable I. L. Farris, Speaker, and, to the Hon-
orable Members of the House of Representatives of
Florida of 1909.
Gcntlecmica :
It gives me pleasure to inform you that I have opened
the People's Lobby in the Armory Building, just east of
the Capitol grounds. The object of this lobby is to
furnish to legislators a convenient place in which to
assemble to informally discuss measures pending and
to be introduced for the benefit of the people.
For the past three years, I have been gathering informa-
tion bearing on nmtters of general public interest, and
have this information compiled in convenient form for
ready reference. This information I place to the dis-
posal of the Legislature of the State of Florida, and
respectfully invite the members to make free use of the
lobby and to avail themselves of such information, touch-
ing on remedial measures for the benefit of all the people,
as I have been able to gather. Tables and chairs and
lights have been provided for the convenience of legis-
lators, and the lobby will be kept open at night. Almost
all the Stlte papers and many of the papers and period-
icals of other States will be found on the tables.
The sole object of this lobby is to offer the legislators
such help in their investigations of subjects of interest
and importance to the people as my limited ability has

permitted me to place at their disposal. No attempt will
be made by me to personally influence any member for or
against any measure, and I will only discuss, as I have the
opportunity to answer such questions as legislators mnay
ask, measures tending toward the general good of the
State, and for the welfare of its people.
The small expense attached to the maintenance of this,
the People's Lobby, which will not exceed $35.00, is my
personal contribution to the general welfare of my native
State, and I am prompted to incur this expense because
my observation of the last four Legislatures has led me
to believe, and, to hope, that the People's Lobby, conducted
as has been outlined in this communication, may be of
some small help to legislators in their work for the good
of the people.
I respectfully invite 11l members of the Legislature to
visit the People's Lobby, and to use it as their own partic-
ular property.
Very respectfully,
CLAUDE L'ENGLE:.
Which was read.
Mr.. a Vlims moved that lthe communication be
spread upon the Journal.
Whibc was agreed to.
The following .esnge was received and read-

STATE OF FLORIDA. EXECUrTIVE CH.('AMBER.
Tallahassee. Fla., April 7. 1909
Hon. Ion L. Farris,
Speaker House of Representativesc .
SIR: '
I have the honor to transmit herewith, for the in-
formation of the House of TRepresentatives, verified copy
of report made under (dte of March 20, 1909, by the Secre-
tary of the Trustees of the Internal Improvement Fund,
in pursuance of the resolution adopted by the Trustees
on March 30, 1!08)8 which resolution dirP1cted said Secre-
tary to state an account showing the indebtedness of the
Trustees of the Internal Improvement Fund to the Stnte
Board of Education. which provides ltht "the State School
Fund *" shall be derived from the following
sources," "twenty-five per centum of the sales of public
lands which are now, or may hereafter be owned by the
State."

7

I have to advise that the statistical data which accom-
panied said report of the Secretary of the Trustees has
been transmitted to the State Printing Contractor, the
reading matter of said report being submitted herewith.
Unless otherwise ordered by the House of Representa-
tives, this statistical data will be printed.
Very respectfully,
ALBERT W. GILOHRIST,
Governor.
Mr. MacWilliams moved that the message, with the ac-
companying report, be spread upon the Journal.
Which was agreed to.

Tallahassee, Fla., March 20, 1909.
Trustees Internal Improvement Fund of Florida.
Gentlemen:
In pursuance of the resolution adopted by the Trustees
on the 30th day of March, 1908, a careful investigation
has been made with the view of ascertaining the amount
of cash derived from the sale of land under the act of
1855, Chapter 610 of the Laws of Florida, that would be
subject to the provisions of the Constitution of 1868, set-
ting apart 25 per cent. of the sales of State land for the
benefit of the State School Fund.
At the beginning of the examination, it appeared that
no reliable information could be found as to whether the
payments made for land were in cash, or in coupons,
master's certificates, etc. In order that you may under-
stand the condition of affairs immediately succeeding the
adoption of the State Constitution of 1868, a copy of the
order of Judge W. B. Wood, Judge of the Courts of the
United States for the Fifth Judicial Circuit is hereby
annexed, marked Exhibit "A." You will see by this order
that the Judge charges the Trustees of the Internal Im-
provement Fund then in office with lawless and frauda-
lent nets. and with lmisapplying the fund and disposing
of land for nominal consideration, and accepting other
than money for the pturchllas of land. This was followed
by an order of Judge Phillip Fralser, made in the same
case, dated June 1st, 1872, appointing Aristides Doggett
as Receiver of the Fund and ordering all moneys, securi-
ties, etc., turned over to him. See Exhibit "B." From

8

that time until about October 1st, 1881, the entire man-
agement of the fiscal affairs of the Trustees was in the
hands of the Court and administered by the Receiver
under orders of the Court. The destruction by fire of
the building is which the court records were kept in Jack-
sonville, completely destroying all the records thereof,
precluded the possibility of obtaining information from
that source, and the want of proper records here pre-
vented investigation as to the proceeds of the sale of land
during that period, hence it was determined to commence
with October, 1881, and list all of the land sold for cash
from that date to February 5, 1908, the last date men-
tioned in the resolution.
During the period last named, the entire proceeds of
the Disston sales were disbursed in the payment of cou-
pons with interest, adjudged by the United States Court
to be due, hence the money received from that sale is not
included in the Statement of cash sales from which the
25 per cent. may be set aside under the Constitution of
1868. Entries made on account of commissions for select-
ing and patenting land, on account of railroad and canal
land grants, and on account of drainage and canal com-
panies, for which no cash consideration was received, are
also eliminated.
The total amount received from 'October 1, 1881, to
February 5, 1908, so far as it has been possible to ascer-
tain in pursuance of the resolution of the Trustees, fol-
lowing the course above outlined, is .$96(2,503.34. See
Exhibit "C."
This amount is subject to reduction on account of ex-
penditures made by the Trustees in liquidating indebted-
ness contracted under the act of 1855, prior to 1868, for
interest on bonds, judgment, etc., which expenditures
were necessary in order to release the land from the en-
cumbrance placed thereon by the terms of the act of 1855,
Chapter 610 of the Laws of Florida. It appears that
prior to 1901, practically all of the funds received by the
Trustees were used in discharging this indeblTedness
which was a lien on the land under the act of 1855, ex-
cept such funds as were used in paying attorneys to
represent the Trustees and the other incidental expenses
connected with the selection, management and sale of the
land, hence the amount of cash sales from October 1,

9

1881, to February 5, 1908, has been divided into two
parts, as follows:

From Oct. 1, 1881, to Dec. 31, 1900........... $484,334.38
From Jan. 1, 1901, to Feb. 5, 1908........... 478,168.96

Total ....... ..... .......... ....962,503.34

The second item in this division shows the period dur-
ing which the Trustees were practically relieved of all
claims on account of indebtedness, incurred in carrying
out the obligations created by the act of 1855, in con-
nection with the construction of the lines of railroad
specially set forth in said act and made the beneficiaries
thereof.
Attached hereto, marked Exhibit "D" is a statement
showing the land conveyed to railroad, canal and drain-
age companies, to State land selecting agents, etc., and
land sold for coupons detached from railroad bonds
issued under the act of 1855.
The question as to whether or not the land sold to Diss-
ton et al., the proceeds of which were applied to the pay-
ment of claims adjudged by the United States Court to be
a lien of prior dignity on all the land held by the Trustees,
were properly eliminated in making up the figures for this
report, must be decided by the Trustees. The figures
given are based upon the assumption that sufficient land
had to be sold to relieve all of the land from indebtedness
created by the act of 1855, which had the same force and
effect as a mortgage lien, before the Trustees could dis-
pose of the land for any other purpose. This view is
primarily predicated upon the orders of the court an-
nexed hereto.
Upon this construction there could be no sales of land
within the meaning of the Constitution of 1868, until the
prior lien had been removed, and therefore the School
Fund was not entitled to percentage except on sales made
from January, 1901, to February 5, 1908, and subsequent
thereto. Should this view be adopted, the figures given
for the period from January 1, 1901, to February 5, 1908,
show the amount upon which the 25 per cent. fixed by the
Constitution of 186S may be allowed to the School Fund.
In the event a contrary view is taken, the figures can be
changed accordingly.

10

Section 2 of Chapter 610 of the Laws of Florida, ap-
proved January 6, 1855, provides in part as follows:
"For the purpose of assuring the proper application of
said fund for the purpose herein declared, said lands and
all funds arising from the sale thereof, aftcr paying the
necessary expenses of sclcction, iman agcment and sale,
are irrevocably vested in five Trustees" ............
.... ............. ...Under this provision "the necessary
expenses of selection, management and sale," constituting
practically all of the expenditures made prior to January
1, 1901, except on account of expenditures made out for the
purpose of liquidating indebtedness created by said act,
were considered as a claim of prior dignity as against
all other claims that might arise under the act of 1855.
The Supreme Court of the State of Florida has held,
that the provisions of the act of 1855, in so far as relates to
the guarantee by the Trustees of the interest on the bonds
issued by the railroads thereunder, constituted a con-
tract, and the provision of the State Constitution of 1868
provided, for 25 per cent. of the sale of land, would seem
to be an impairment of contract if applied to the sale of
land rendered necessary to enable the Trustees to carry
out said contract.
Respectfully submitted,
W. M. McINTOSH, JR.,
Secretary.

EXHIBIT "A."

United States of America,
State of Florida.
In the Fifth Circuit Court of the; United States for the
Northern District of Florida.
To iHarrison Reed, Robert H. Gamble, Alvin R. Meek,
Frank W. Webster, Simon B. (onover and John S. A dams,
the Trustees of the Internal Improvement Fund of Flor-
ida, and to their successors. The Imnprovement Company,
and its agent, Myron S. Mickles, and all others its agents
and servants in the said State of Florida.
Wherlcas, It appears to me, W. B. Woods, Judge of
Courts of the United States for the Fifth Judicial Cir-
cuit. that Franciis Yose, a resident and citizen of the
State of New York, brings his bill of complaint in the
Circuit Court of the United Sta:nte for the Northern Dis-

11

trict of Florida, in which he shows that he is the owner
of a large number of bonds issued by the Florida Railroad
Company with a large number of coupons upon them
which are past due, and which you, the said Trustees
named above have refused to pay in violation of an act
passed by the Legislature of Florida on the 6th day of
January in the year 1855, irrevocably vested in you 10,-
500,000 acres of land in trust to make sale of the same
according to the provisions of said act and from the pro-
ceeds of such sales to pay the coupons on such bonds as
they should fall due but, that instead thereof, you, the
said Trustees are misapplying the funds belonging to said
Trust, are improperly and fraudulently misappropriating
the same, are selling and Itransferring said land in
amounts, in manner, and for considerations that are
wholly inconsistent with, and violative of the provisions
of said act, that you are donating and disposing of the
same for merely nominal prices and for scrip and State
warrants not recognized as the lawful currency of the
United States, more especially and recently have entered
into an agreement with you, the said The Florida Im-
provement Company, and you the said Myron S. Mickles
are the agent of said company, by which said agreement
1,100,000 acres of land belonging to said Trust, to be se-
lected from the entire trust domain, are transferred to
the said New York & Florida Lumber, Land and Im-
provement Company at the nominal price of ten cents per
acre, and that you, the said Mickles and others, the agents
and servants of said company are selecting, locating, ad-
vertising and selling the said lands, and that thus you,
the said Trustees, are wasting and destroying the land
and the fund so vested in you by said Act of 1855, and by
the foregoing, and by other lawless and fraudulent acts
are diverting the monies which have come, and are com-
ing into your hands bv virtue of said trust from( the
payment of said coupons in the order in which they fell
due.
And, whereas, the said complainant, by his said bill,
prays that the writ of injunction be issued restraining
you, the above named parties, from the acts which are
therein complained of.
I do, therefore, in the name, and by the authority of
the United States of America, strictly enjoin and com-
mand you, the said Harrison Reed, Robert H. Gamble,
Alvin R. Meek, Frank W. Webster, Simon B. Conover and

12

John S. Adams, the Trustees of the Internal Improve-
ment Fund of Florida, and your successors, under pen-
alty for attachment for contempt and a pain of ten thou-
sand dollars for each act violative of this injunction, tlat
you, and each and all of you, both in your individual and
collective capacity, do desist from selling or donating or
disposing of the land belonging to the said trust other-
wise than in strict accordance with the provisions of said
lact of 1855, fixing. the prices and allowing pre-emlltions
of the same in obedience to all the restrictions of that
act, that you desist from selling said lands for sc(rip or
State warrants of any kinds, or for aught else than cur-
rent money of the United States, that you desist from
lending, or investing, appropriating, disposing of, or
using any of the moneys or property of said trust fund
except in applying then to the creation of the sinking
fund provided by said act of 1855 and so applying them
in strict accordance with the provisions of that act, where
said moneys properly belong to said sinking fund or in
payment of the coupons of said bonds when said moneys
have proceeded or shall proceed from thle sale of said
lands, and that you desist from, paying said coupons in
any other mode than in the order of their priority fixed
by the date of their coming to maturity paying first such
as first become due and the others in the order in which
they fell due.
And I do enjoin and command you further and spe-
cially that you desist and refrain from any and all action
in executing and carrying out the agreement between
you and the said, The Florida. Improvement Company
described' in said agreement-the New York and Florida
Lumber, Land and Improvement Company, which said
agreement is embodied in the resolutions passed by you,
the said Trustees on tlhe first day of MIarch in the year
eighteen hundred and, seventy or thereabouts, and by
which said agreement you, tle said Trustees, give and
grant to the said Company, their successors and assigns
authority to select and locate from thle lands belonging
to the Internal Improvement Fund, one million, one
hundred thousand acres of said land, at thle rate of, and
price of, ten cents per acre, upon terms and conditions
which are therein set forth.
And I do enjoin and command o you, the said Florida
Improvement Company, and you, the said Myron S.
Mickles and others, the agents and servants of the said

13

the New York and Florida Lumber, Land and Improve-
ment Company, that under the penalty and pain herein
set out you desist from further action under the said
agreement with the said Trustees whether in selecting or
locating lands embraced in said agreement or in advertis-
ing and selling the same, or in disposing of or intermed-
dling with the proceeds which have resulted from the sale
of any portion of the same further than to retain safely
subject to the further order and decree of this Court.
Witness the Honorable Salmon P. Chase, Chief
Justice of the Supreme Court of the United
States and the seal thereof, at the City
of Jacksonville in said District, this eighth
day of December, A. D. one thousand eight
hundred and seventy.
I. E. TOWNSEND, Clerk.

EXHIBIT "B."

Order of Court Appointing Aristides Doggett Receiver.

Francis Vose vs. Harrison Reed, et al, Trustees, et al.-
-In Chancery.
This cause came on to be heard this day upon the peti-
tion of the complainant praying for a rule upon Harri-
son Reed, Robert H. Gamble, Frank W. Webster, Simon
B. Conover, and John S. Adams and J. C. B. Drew, and
their successors, Trustees of the Internal Improvement
Fund of the State of Florida, to show cause why an at-
tachment for contempt should not be issued against
them and why a receiver should not be appointed to take
charge of the moneys and securities constituting the Trust
Fund, and upon the answers to the said petition, and
was argued by counsel, and thereupon it is ordered by
the court that an attachment as for a contempt be issued
against the said Harrison Reed, Robert H. Gamble, Frank
W. Webster, Simon B. Conover and John S. Adams, to be
made returnable to the next term of this court to be
holden on the first Monday of December next at the court
room in the City of Jacksonville; that when arrested
upon said attachment they shall be severally committed
to jail unless they shall enter into bond in the sum of
five thousand dollars each, with sufficient sureties to
answer for the said contempt at the time aforesaid. It

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