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JOURNAL
OF THE
House of Representatives
OF THE
SESSION OF 1915
T. J. APPLEYARD, STATE PRINTER
TALLAHASSEE, FLORIDA
MEMBERS OF THE HOUSE OF REPRESENTATIVES 1915.
Alachua-J. C. Adkins, Gainesville.
Alachua-H. C. Parker, LaCrosse.
Baker--W. D. Mann, Sanderson.
Bay-T. F. Brayton, Lynn Haven.
Bradford-A. D. Andrews, Raiford.
Bradford-Joe Hill Williams, Starke.
Brevard-John B. Rodes, Melbourne.
Calhoun-C. V. Varnadore, Altha.
Citrus-J. E. Stevens, Crystal River.
Clay-E. D. Prevatt, Green Cove Springs.
Columbia-J. J. Paul, Watertown.
Columbia-D. G. Rivers, Lake City.
Dade-R. E. McDonald, Fulford.
DeSoto-W. C. Langford, Arcadia.
Duval-Frank L. Dancy, Jacksonville.
Duval-S. C. Harrison, Jacksonville.
Esca-imbia-W. M. Hurtenbach, P6nsacola.
Escambia-Robert H. Anderson-Pensacola.
Franklin-John H. Cook, Ap;lnlchicola.
Gadsden-- W. J. Gray, Hinson.
Gadsden-J. G. Sharon, Quincy.
Hamilton-L. A. Cribbs, Jasper.
Hamilton-John E. Scaff, Jennings.
Hernando-M. L. Dawson, Brooksville.
Hillsboro-W. T. Martin, Tampa.
Hillsboro-G. H. Wilder, Plant City.
Holmes-W. G. Watford, Esto.
Jackson-Ellis F. Davis, Marianna.
Jackson-Amos E. Lewis, Marianna.
Jefferson-B. J. Hamrick, Monticello.
Jefferson-Theo. T. Turnbull, Monticello.
LaFayette-J. J. Handley, Mayo.
Lake-L. D. Edge, Groveland.
Lake-J. A. Hanson, Leesburg.
Lee-R. A. Henderson, Fort Myers.
Leon-J. B. Pruitt, Tallahassee.
iv MEMBERS OF HOUSE OF REPRESENTATIVES, 1915.
Leon-Edgar E. Strickland, Miccosukie.
Levy--John C. Weimer, Bronson.
Liberty-L. F. Forehand, Bristol.
Madison-F. M. Henderson, Pinetta.
Madison-R. L. Millinor, Madison.
Manatee-A. M. Wilson, Miakka.
Marion-W. J. Crosby, Citra.
Marion-W. T. Henderson, Lynne.
Monroe-Arthur Gomez, Key West.
Monroe-Clarence E. Roberts, Key West.
Nassau-Harry Goldstein, Fernandina.
Nassau-H. A. Jones, Callahan.
Orange-A. B. Newton, Winter Garden.
Orange-S. S. Griffin, Orlando.
Osceola--N. C. Bryan, Kissimmee.
Palm Peach-H. L. Bussey, West Palm Beach.
Pasco-O. N. Williams, Dade City.
Pinellas-F. A. Wood, St. Petersburg.
Polk-R. W. Hancock, Fort Meade.
Polk-W. Reid Robson, Kathleen.
Putnam-H. S. McKenzie, Palatka.
Putnam--W. C. Tilghman, Palatka.
Santa Rosa-W. M. Davidson, Newell.
Santa Rosa-W. A. McLeod, Milton.
Seminole-Forrest Lake, San (ord.
St. Johns-John NW. Davis, St. Augustine.
St. Johns-E. A. Wilson, New Augustine.
St. Lucie-A. D. Penny, Fort Pierce.
Sumter-H. G. Collier, Oxford.
Suwannee-Cary A. Hardee, Live Oak.
Suwannee-Geo. E. Hawkins, Wellborn.
Taylor-N. T. Cash, Perry.
Volusia-Jas. E. Cade, Seville.
Volusia-H. G. Putnam, Oak Hill.
NrWkulla-W. C. Rouse, Sopchoppy.
Walton-W. Mapoles. Laurel Hill.
1Washington-L. A. Brock. Chipley.
OFFICERS AND ATTACHES
OF THE
HOUSE OF REPRESENTATIVES
Speaker-Hon. Cary A. Hardee of Suwannee.
Speaker Pro Ten.-Hon. T. T. Turnbull of Jefferson.
Chief Clerk-J. G. Kellum of Leon.
Assistant Chief Clerk-R. A. Green of Bradford.
Bill Clerk-C. C. .Eppersonl of Levy.
Reading Clerk-Nat -R. Walker of Wakulla.
Assistant Reading Clerk-W. B. Lanier of Duval.
Engrossing Clerk-Eli Futch of Alachua.
Enrolling Clerk-Miss Sue Barco of Pinellas.
Recording Clerk-Fred M. York of Suwannee.
Sergeant-at-Arms--W. R. Griffin of Hillsboro.
Messenger-J. N. Rogers of Madison.
Doorkeeper-J. A. Cox of Polk.
Chaplain-H . Howard of Madison.
Janitor-Eugene Hawkins of Florida.
Pages-Rinaldo Van Brunt, Joe Perry, Paul S. Wil-
liams and Carroll Fussell.
ERRATA
On page, 343, line 34, "House Bill No. 9" should read
"'House Bill iNo. 92."
On page 436, lines 16, 17, 18, 19, 20 and 21 should ap-
pear on page 438, between lines 18 and 19, instead of
where it does appear.
On page 705, line 16, "House Bill No. 407" should read
"House Bill No. 507."
On page 792, "House Bill No. 295" should read "House
Bill No. 495" wherever it appears on said page.
One page 796, in line 3 from bottom, "No. 393" should
read "No. 3398."
On page 823, in lines 12 and 13, "No. 172" should read
"No. 372."
On page 902, in line 1, "No. 482" should be "No. 370."
On page 1031, between lines 37 and 38, insert the fol-
lowing: "The question recurred upon the passage of the
bill."
On page 1090, in line 30, "House Bill No. 255" should
read "Senate Bill No. 255."
On page 1102, in line 11, after the word "mud," insert
ite words "or marsh."
On page 1244, in line 21, the word "bridges" should
read "buildings."
On page 1280, in line 21, "Senate Bill No. 245" should
read "Substitute for Senate Bill No. 245."
On page 1280. in line 22. after the word "amend," in-
sert the worrs "Section 1 of."
Pages "1338 and 1339" are incorrectly numbered "1238
,and 1239."
On pa.'e 1757. in line 5. "Senate Bill No. 452" should
rend "House Bill No. 452."
On nPe 1762. in line 30. "Senate Bill No. 515" should
read 'Renate Bill No. 514."
On1 n1Pre 1807. in line 4. "bond and bridr'e" should rend
"rnoad nd i v brid.ae
On Pne o04R. in Iie. i p2. "No. 345" should 1w "No. 545.'7
viii ERRATA.
On page 2317, in lines 10 and 18, "House Bill No. 257"
should be "House Bill No. 757."
Pages 2344 and 2345 are incorrectly numbered 2444
and 2445.
On page 2478, in line 31, "House Bill No. 289" should
read "Senate Bill No. 289."
On pages 2592-2594 and 2603, "Senate Bill No. 98"
should read "Senate Substitute for House Bill No. 98,"
wherever it occurs on said pages.
On page 2617, wherever "Senate Bill No. 806"1 occurs
on said page it should read "Senate Substitute for House
Bill No. 806."
On pages 2743, 2744 and 2792, "Senate Bill No. 189"
should read "Senate Substitute for House Bill No. 189."
On page 2752, in line 32, "House Bill No. 592" should
be "House Bill No. 952'.
On pages 2767, 2768 and 2798, "House Bill No. 520"
should read "House Substitute for Senate Bill No. 520"
wherever it occurs on said pages.
On page 2799, in line 15, "House Bill No. 936" should
read "House Bill No. 956."
JOURNAL OF THE
HOUSE OF REPRESENTATIVES.
Of the fifteenth regular session of the Legislature,
under the Constitution of A. D. 1885, began and held at
the Capitol, in the City of Tallahassee, the State of Flor-
ida, on Tuesday, the 6th day of April, A. D. 1915, being
the day fixed by the Constitution of the State of Florida
for the meeting of the Legislature.
Tuesday, April 6, 1915.
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 certi-
fied list of the Secretary of State of members elected to
the Legislature for the session of 1915 was called as fol-
lows:
MEMBERS OF
THE HOUSE OF REPRESENTATIVES, 1915.
J. C. Adkins of Alachua County.
H. C. Parker of Alachua County.
W. D. Mann .of Baker County.
T. F. Brayton of Bay County.
A. D. Andrews of Bradford County.
Joe Hill Williams of Bradford County.
John B. Rodes of Brevard County.
C. V. Varnadore of Calhoun County.
J. E. Stevens of Citrus County.
E. D. Prevatt of Clay County.
J. J. Paul of Columbia County.
D. G. Rivers of Columbia County.
R. E. McDonald of Dade County.
W. C. Langford of DeSoto County.
Frank L. Dancy of Duval County.
S. C. Harrison of Dural County.
2
W. M. Hurtenbach of Escambia County.
Robert H. Anderson of Escambia County.
John H. Cook of Franklin County.
W. J. Gray of Gadsden County.
J. G. Sharon of Gadsden County.
L. A. Cribbs of Hamilton County.
John E. Scaff of Hamilton County.
M. L. Dawson of Hernando County.
W. T. Martin of Hillsborough County.
G. H. Wilder of Hillsborough County.
W. G. Watford of Holmes County.
Ellis F. Davis of Jackson County.
Amos E. Lewis of Jackson County.
B. J. Hamrick of Jefferson County.
Theo. T. Turnbull of Jefferson County.
J. J. Handley of Lafayette County.
L. D. Edge of Lake County.
J. A. Hanson of Lake County.
R. A. Henderson of Lee County.
J. B. Pruitt of Leon County.
Edgar E. Strickland of Leon County.
John C. Weimer of Levy County.
L. F. Forehand of Liberty County.
F. M. Henderson of Madison County.
R. L. Millinor of Madison County.
A. M. Wilson of Manatee County.
W. J. Crosby of Marion County.
W. T. Henderson of Marion County.
Arthur Gomez of Monroe County.
Clarence E. Roberts of Monroe County.
Harry Goldstein of Nassau County.
H. A. Jones of Nassau County.
A. B. Newton of Orange County.
S. S. Griffin of Orange County.
N. C. Bryan of Osceola County.
H. L. Bussey of Palm Beach County.
0. N. Williams of Pasco County.
F. A. Wood of Pinellas County.
R. W. Hancock of Polk County.
W. Reid Robson of Polk County.
H. S. McKenzie of Putnam County.
W. G. Til.ghman of Putnam County.
W. M. Davidson of Santa Rosa County.
W. A. McLeod of Santa Rosa County.
3
Forrest Lake of Seminole County.
John W. Davis of St. Johns County.
E. A. Wilson of St. Johns County.
A. D. Penney of St. Lucie County.
H. G. Collier of Sumter County.
Cary A. Hardee of Suwannee County.
George E. Hawkins of Suwannee6 County.
W. T. Cash of Taylor County.
Jas. E. Cade of Volusia County.
H. G. Putnam of Volusia County.
W. C. Rouse of Wakulla County.
W. H. Mapoles of Walton County.
L. A. Brock of Washington County.
State of Florida,
Office Secretary of State-ss.,
I, H. Clay Crawford, Secretary of State of the State
of Florida, do hereby certify that the foregoing is a cor-
rect list of the members of the House of Representatives
of the State of Florida, elected at the general election on
the third day of November, A. D. 1914, and at the special
elections on January 12, and March 31, 1915, as shown
by the election returns on file in this office.
Given under my hand and the Great Seal of the State
of Florida, at Tallahassee, the-Capital, this the sixth day
of April, A. D. 1915.
(Seal.) H. CLAY CRAWFORD,
Secretary of State.
The following members came forward and took the
oath of office prescribed by the Constitution of the State
of Florida before Mr. Justice R. S. Cockrell, of the Su-
preme Court of the State of Florida:
Messrs.-
Adkins, J. C. of Alachua.
Anderson, Robt. H. of Escambia.
Andrews, A. D. of Bradford.
Brayton, T. F. of Bay.
Brock, L. A. of Washington.
Bryan, N. C. of Osceola.
Bussey, H. L. of Palm Beach.
Cade, Jas. E. of Volusia.
4
Cash, W. T. of Taylor.
Collier, H. G. of Sumter.
Cook, John H. of Franklin.
Cribbs, L. A. of Hamilton.
Crosby, W. J. of Marion.
Dancy, Frank L. of Duval.
Davidson, W. M. of Santa Rosa
Davis, Ellis F. of Jackson.
Davis, John W. of St. John.
Dawson, M. L. of Hernando.
Edge, L. D. of Lake.
Forehand, L. F. of Liberty.
Gray, W. J. of Gadsden.
Griffin, S. S. of Orange.
Goldstein, Harry of Nassau.
Gomez, Arthur of Monroe.
Hamrick, R. J. of Jefferson.
Handley, J. J. of LaFayette.
Hanson, J. A. of Lake.
Harrison, S. C. of Duval.
Hawkins, Geo. E. of Suwannee.
Henderson, R. A. of Lee.
Henderson, F. M. of Madison.
Henderson, W. T. of Marion.
Hurtenbach, W. M. of Escambia.
Jones, H. A. of Nassau.
Lake, Forrest of Seminole.
Langford, W. C. of DeSoto.
Mann, W. D. of Baker.
Mapoles, W. H. of Walton.
Martin, W. T. of Hillsboro.
McDonald, R. E. of Dade.
McKenzie, H. S. of Putnam.
McLeod, W. A. of Santa Rosa.
Millinor, R. L. of Madison.
Newton, A. B. of Orange.
Parker, H. C. of Alachua.
Paul, J. J. of Columbia.
Penney, A. D. of St. Lucie.
Prevatt, E. D. of Clay.
Pruitt, J. B. of Leon.
Putnam, H. G. of Volusia.
Rivers, D. G. of Columbia.
Roberts, Clarence E. of Monroe.
5
Robson, W. Reid of Polk.
Rodes, John B. of Brevard.
Rouse, W. C. of Wakulla.
Scaff, John E. of Hamilton.
Sharon, J. G. of Gadsden.
Stevens, J. E. of Citrus.
Strickland, E. E. of Leon.
Tilghman, W. G. of Putnam.
Turnbull, Theo. T. of Jefferson.
Varnadore, C. V. of Calhoun.
Watford, W. G. of Holmes.
Weimer, John C. of Levy.
Wilder, G. H. of Hillsboro.
Williams, J. H. of Bradford.
Williams, O. N. of Pasco.
Wilson, A. M. of Manatee.
Wilson, E. A. of St. Johns.
Wood, F. A. of Pinellas.
Mr. J. G. Kellum, Chief Clerk, announced a lqorum
present.
Mr. Davis announced that Mr. Lewis was absent on ac-
count of sickness.
Mr. Adkins, of Alachua, moved that the House proceed
with a permanent organization by the election of a
Speaker, Speaker pro tem, Chief Clerk, other officers and
attaches.
Which was agreed to.
Prayer by Rev. H. S. Howard.
Mr. Martin, of Hillsboro, nominated Hon.. ('iry A
Flardee, of Suwannee County, for Speaker.
Upon call of the roll the vote was:
For Hon. Cary A. Hardee for Speaker-
Messrs.-
Adkins, J. C. of Alachua.
Anderson, Robt. H. of Escambia.
Andrews, A. D. of Bradford.
Brayton, T. F. of Bay.
Brock, L. A. of Washington.
Bryan, N. C. of Osecola.
Bussey, H. L. of Palm Beach.
Cade, Jas. E. of Volusia.
Cash, W. T. of Taylor.
(1
Collier, H. G. of Sumter.
Cook, John H. of Franklin.
Cribbs, L. A. of Hamilton.
Crosby, W. J. of Marion.
Dancy, Frank L. of Duval.
Davidson, W. M. of Santa Rosa.
Davis, Ellis F. of Jackson.
Davis, John W. of St. John.
Dawson, M. L. of Hernando.
Edge, L. D. of Lake.
Forehand, L. F. of Liberty.
Gray, W. J. of Gadsden.
Grimin, S. S. of Orange.
Goldstein, Harry of INassau.
Gomez, Arthur of Monroe.
Hamrick, R. J. of Jefferson.
Handle, J. J. of LaFayette.
Hanson, J. A. of Lake.
Harrison, S. C. of Duval.
Hawkins, Geo. E. of Suwannee.
Henderson, R. A. of Lee.
Henderson, F. M. of Madison.
Henderson, W. T. of Marion.
Hurtenbach, W. M. of Escambia.
Jones, H. A. of Nassau.
Lake, Forrest of Seminole.
Langford, W. C. of DeSoto.
Mann, W. D. of Baker.
Mapoles, W. H. of Walton.
Martin, W. T. of Hillsboro.
McDonald, R. E. of Dade.
McKenzie, H. S. of Putnam.
McLeod, W. A. of Santa Rosa.
Millinor, R. L. of Madison.
Newton, A. B. of Orange.
Parker, H. C. of Alachua.
Paul, J. J. of Columbia.
Penney, A. D. of St. Lucie.
Prevatt, E. D. of Clay.
Pruitt, J. B. of Leon.
Putnam, H. G. of Volusia.
Rivers, D. G. of Columbia.
Roberts, Clarence E. of Monroe.
Robson, W. Reid of Polk.
Rodes, John B. of Brevard.
Rouse, W. C. of Wakulla.
Scaff, John E. of Hamilton.
Sharon, J. G. of Gadsden.
Stevens, J. E. of Citrus.
Strickland, E. E. of Leon.
Tilghman, W. G. of Putnam.
Turnbull, Theo. T. of Jefferson.
Varnadore, C. V. of Calhoun.
Watford, W. G. of Holmes.
Weimer, John C. of Levy.
Wilder, G. H. of Hillsboro.
Williams, J. H. of Bradford.
Williams, 0. N. of Pasco.
Wilson, A. M. of Manatee.
Wilson, E. A. of St. Johns.
Wood, F. A. of Pinellas.
Mr. J. G. Kellum, Chief Clerk, announced the Hon.
Cary A. Hardee unanimously elected Speaker.
Mr. Martin of Hillsborough moved that Mr. Goldstein
and Mr. McKenzie be appointed as a committee of two to
escort the Speaker to the chair.
Which was agreed to.
The Speaker being conducted to the chair extended Ilis
thanks to the House for the honor conferred upon him.
Mr. Martin nominated Mr. Theo. T. Turnbull for
Speaker pro tem.
Upon the call of the roll the vote was:
Mr. Turnbull for Speaker pro tem-
Mr. Speaker.
Messrs-
Adkins, J. C.-Alachua.
Anderson, Robt. H.-Escambia.
Andrews, A. D.-Bradford.
Brayton, T. F.-Bay.
Brock, L. A.-Washington.
Bryan, N. C.-Osceola.
Bussey, H. L.-Palm Beach.
Cade, Jas. E.-Volusia.
8
Cash, W. T.-Taylor.
Collier, H. G.-Sumter.
Cook, John H.-Franklin.
Cribbs, L. A.-Hamilton.
Crosby, W. J.-Marion.
Dancy, Frank L.-Duval.
Davidson, W. M.-Santa Rosa.
Davis, Ellis F.-Jackson.
Davis, John W.-St. John.
Dawson, M. L.-Hernando.
Edge, L. D.-Lake.
Forehand, L. F.-Liberty.
Gray, W. J.-Gadsden.
Griffin, S. S.-Orange.
Goldstein, Harry-Nassau.
Gomez, Arthur-Monroe.
Hamrick, R. J.-Jefferson.
Handle, J. J.-Lafayette.
Hanson, J. A.-Lake.
Harrison, S. C.-Duval.
Hawkins, Geo. E.-Suwannee.
Henderson, R. A.-Lee.
Henderson, F. M.-Madison.
Henderson, W. T.-Marion.
Hurtenbach, W. M.-Escambia.
Jones, H. A.-Nassau.
Lake, Forrest-Seminole.
Langford, W. C.-DeSoto.
Mann, W. D.-Baker.
Mapoles, W. H.-Walton.
Martin, W. T.-Hillsboro.
McDonald, R. E.-Dade.
McKenzie, H. S.-Putnam.
McLeod, W. A.-Santa Rosa.
Millinor, R. L.-Madison.
Newton, A. B.-Orange.
Parker, H. C.-Alachua.
Paul, J. J.-Columbia.
Penney, A. D.-St. Lucie.
Prevatt, E. D.-Clay.
Pruitt, J. B.-Leon.
Putnam, H. G.-Volusia.
Rivers, D. G.-Columbia.
Roberts, Clarence E.-Monroe.
9
Robson, W. Reid-Polk.
Rodes, John B.-Brevard.
Rouse, W. C.-Wakulla.
Scaff, John E.-Hamilton.
Sharon, J. G.-Gadsden.
Stevens, J. E.-Citrus.
Strickland, E. E.-Leon.
Tilghman, W. G.-Putnam.
Turnbull, Theo. T.-Jefferson.
Varnadore, C. V.-Calhoun.
Watford, W. G.-Holmes.
Weimer, John C.-Levy.
Wilder, G. H.-Hillsboro.
Williams, J. H.-Bradford.
Williams, O. N.-Pasco.
Wilson, A. M.-Manatee.
Wilson, E. A.-St. Johns.
Wood, F. A.-Pinellas.
The Speaker declared Mr. Turnbull unanimously elected
Speaker pro tem.
Mr. Martin of Hillsborough nominated Mr. J. G. Kellum
for Chief Clerk.
Upon the call of the roll the vote was, for Mr. J. G.
Kellum for Chief Clerk:
Mr. Speaker.
Messrs-
Adkins, J. C. of Alachua.
Anderson,-Robt. H. of Escambia.
Andrews, A. D. of Bradford.
Brayton, T. F. of Bay.
Brock, L. A. of Washington.
Bryan, N. C. of Osceola.
Bussey, H. L. of Palm Beach.
Cade, Jas. E. of Volusia.
Cash, W. T. of Taylor.
Collier, H. G. of Sumter.
Cook, John H. of Franklin.
Cribbs, L. A. of Hamilton.
Crosby, W. J. of Marion.
I)ancy, Frank L. of Duval.
lDavidson, W. M. of Scnta Rosa.
10
Davis, Ellis F. of Jackson.
Davis, John W. of St. John.
Dawson, M. L. of Hernando.
Edge, L. I). of Lake.
Forehand, L. F. of Liberty.
Gray, W. J. of Gadsden.
Griffin, S. S. of Orange.
Goldstein, Harry of Nassau.
Gomez, Arthur of Monroe.
Hamrick, R. J. of Jefferson.
Handley, J. J. of Lafayette.
Hanson, J. A. of Lake.
Harrison, S. C. of Duval.
Hawkins, Geo. E. of Suwannee.
Henderson, R. A. of Lee.
Henderson, F. M. of Madison.
Henderson, W. T. of Marion.
Hurtenbach, W. M. of Escambia.
Jones, H. A. of Nassau.
Lake, Forrest of Seminole.
Langford, W. C. of DeSoto.
Mann, W. D. of Baker.
Mapoles, W. H. of Walton.
Martin, W. T. of Hillsborough.
McDonald, R. E. of Dade.
McKenzie, H. S. of Putnam.
McLeod, W. A. of Santa Rosa.
Millinor, R. L. of Madison.
Newton, A. B. of Orange.
Parker, H. C. of Alachua.
Paul, J. J. of Columbia.
Penney, A. D. of St. Lucie.
Prevatt, E. D. of Clay.
Pruitt, J. B. of Leon.
Putnam, H. G. of Volusia.
Rivers, D. G. of Columbia.
Roberts, Clarence E. of Monroe.
Robson, W. Reid of Polk.
Rodes, John B. of Brevard.
Rouse, W. C. of Wakulla.
Scaff, John E. of Hamilton.
'Sharon, J. G. of Gadsden.
Stevens, J. E. of Citrus.
Strickland, E. E. of Leon.
SI
Tilghman, \V. G. of Putnanii.
Turnbull, Theo. T. of Jefferson.
Varnadore, C. V. of Calhoun.
Watford, W. G. of Holmes.
Weimner, John C. of Levy.
Wilder, G. H. of Hillsborough.
Williams, J. H. of Bradford.
Williams, O. N. of Pasco.
Wilson, A. M. of Manatee.
Wilson, E. A. of St. Johns.
Wood, F. A. of Pinellas.
The Speaker declared Mr. J. G. Kellum unaniimoisly
elected Chief Clerk.
Mr. Martin made the following nominations:
Assistant Chief Clerk-R. A. Green.
Bill Clerk-C. C. Epperson.
Reading Clerk-Nat R. Walker.
Assistant Reading Clerk-W. B. Lanier.
Engrossing Clerk-Eli Futch.
Enrolling Clerk-Miss Sue Barco.
Recording Clerk-Fred M. York.
Sergeant-at-Arms-W. R. Griffin.
Messenger-J. N. Rogers.
Door Keeper-J. A. Cox.
Chaplain-H. S. Howard.
Janitor-Eugene Hawkins.
Page-Rinaldo Van Brunt.
Page-Joe Perry.
Page-Paul S. Williams.
Page-Carroll Fussell.
Mr. Lake moved that all the officers and attaches, as
nominated above, be elected by acclamation.
Which was agreed to.
All officers and attaches, as elected, came forward and
were sworn in by Mr. Justice R. S. Cockrell.
On motion of Mr. Newton of Orange a committee of
three, consisting of Messrs. Newton of Orange, Handley
of Lafayette, and Robson of Polk, were appointed to wait
upon His Excellency, the Governor, and inform him that
the House was organized and ready to receive any mes-
sage or communication that he may be pleased to make.
After a brief absence the committee returned and re-
12
ported that they had performed the duty assigned them
and were discharged.
A committee of three from the Senate (Messrs. Stringer,
Lindsey and Farris) appeared at the bar of the House of
Representatives and announced that they were instructed
by the Senate to inform the House that the Senate was
organized and ready to proceed to business.
On motion of Mr. Goldstein of Nassau a committee of
three, consisting of Messrs. Goldstein of Nassau, Ham-
rick of Jefferson and McCleod of Santa Rosa, were ap-
pointed to inform the Senate that the House was organ-
ized 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. Tumbull moved that the rules as adopted and
used by the House during session of 1913 be adopted
for the use of the House until the Committee on Rules
could report.
Which was agreed to:
INTRODUCTION OF HOUSE RESOLUTIONS.
By Mr. Stevens of Citrus-
House Resolution No. 1:
Resolved by the House of Representatives, that the
Speaker of the House, be and he is hereby authorized, to
appoint an Assistant Sergeant-at-Arms for the Session of
1915.
Which was read the first time.
Mr. Stevens moved the adoption of the resolution.
Which was agreed to.
By Mr. Goldstein-
House Resolution No. 2:
Resolved by the. House of Representatives, That the
13
Speaker be authorized to employ a Secretary to perform
such clerical services as he may direct throughout the en-
tire session.
Which was read the first time.
Mr. Goldstein moved the adoption of the resolution.
Which was agreed to.
By Mr. Goldstein-
House Resolution No. 3:
Re it Resolved by the House of Representatives of the
Florida Legislature, That the members of this House are
individually appreciative of the delicate compliment paid
them by the ladies of Tallahassee in decorating their desks
with the beautiful and fragrant roses for which the cap-
ital city of our State is famous; Be it
Resolved, further, That this House extend to the
thoughtful donors of these floral offerings the assurance
of its profound appreciation, and that this resolution be
accepted as conveying to them some expression, inade-
quate though it be, of the gratitude which arises in re-
sponse to this beautiful attention.
Which was read the first time.
Mr. Goldstein moved the adoption of the resolution.
Which was agreed to.
A communication from the Governor was received.
Mr. Newton, of Orange, moved to adjourn until 10
o'clock tomorrow morning
Which was :inre(,dl o.
Wednesday, April 7, 1915.
The House was called to order by the Speaker at 10
o'clock A. M.
The roll being called the following members answered
to their names:
14
Mr. Speaker, Messrs. Adkins, Anderson, Andrews, Bray-
ton, Brock, Bryan, Bussey, Cade, Cash, Collier, Cook,
Cribbs, Crosby, Dancy, Davidson, Davis (Jackson), Davis
(St. John), Dawson, Edge, Forehand, Gray, Griffin, Gold-
stein, Gomez, Hamrick, Hancock, Handley, Hanson, Har-
rison, Hawkins Henderson (Lee), Henderson (Marion),
Hutenbach, Jones, Lake, Langford, Lewis, Mann, Ma-
poles, Martin, McDonald, McKenzie, McLeod, Millinor,
Newton, Parker, Paul, Penney, Prevatt, Pruitt, Putnam,
Rivers, Roberts, Robson, Rodes, Rouse, Scaff, Sharon,
Stevens, Strickland, Tilghman, Turnbull, Varnadore,
Watford, Weimer, Wilder, Williams (Bradford), Wil-
liams (Pasco), Wilson (Manatee), Wilson (St. Johns),
Wood-72.
A quorum present.
Mr. Millinor announced that Mr. Henderson of Madison
was absent on account of sickness.
Prayer by the Chaplain.
Mr. Lewis of Jackson and Mr. Hancock of Polk, who
were absent on yesterday, came forward and were sworn
in by Mr. H. L. Bussey, Notary Public of the State at
Large.
The Speaker announced that in accordance with resolu-
tion adopted on yesterday that he had appointed Mr. B.
F. Umstead for Assistant Sergeant-at-Arms.
Mr. Lake moved that the reading of the Journal be
dispensed with.
Which was agreed to.
The following communication was read:
To the House of Representatives:
The W. C. T. U. and citizens of Tallahassee cordially
invite your Honorable Body to review the Prohibition
parade from the Capitol grounds at 3:30 o'clock, Thurs-
day, April 8th; on the occasion of the visit of Ex. Gov.
Patterson to our city.
Returning to the East entrance the parade will dis-
band where all may listen to a short address from our
visitor.
15
The following message from the Governor was received:
Executive Chamber,
Tallahassee, April 6th, 1915.
Hon. Cary A. Hardee,
Speaker of the House of Representatives.
Sir:
I have the honor to transmit herewith in printed form
the message to the Legislature contemplated by Section
9 of Article IV of the State Constitution.
I also transmit herewith in printed form the report of
pardons, etc., granted, as required by Section 11 of Article
IV of the Constitution.
I also transmit herewith a report submitted by the
Attorney General in pursuance of the requirement of
Section 91 of the General Statutes.
Very respectfully,
PARK TRAMMELL,
Governor.
Mr. Turnbull moved that the printed messages and re-
ports accompanying the above message be spread upon
the Journal.
Which was agreed to.
MESSAGE OF THE GOVERNOR.
EXECUTIVE OFFICE,
STATE OF FLORIDA,
TALLAHASSEE, APRIL 6, 1915.
TO THE FLORIDA LEGISLATURE:
In compliance with Section'9, Article IV of the Consti-
tution, which provides that, The Governor shall commu-
nicate by Message to the Legislature at each regular ses-
sion, information concerning the condition of the State,
and recommend such meauresure as he may deemt expe-
dient," I respectfully transmit this, my message, foi the
consideration of your Honorable Body.
16
CONDITION OF THE STATE.
Considering the more or less depressed conditions pre-
vailing throughout the United States on account of our
disturbed foreign trade conditions due to the great Euro-
pean War, Florida people and her industries are getting
along remarkably well. To say, however, that we have
our usual prosperous and satisfactory conditions in all
lines of business would be misleading and untrue. Un-
questionably, some of our large industries are very much
hampered at present on account of being shut off from the
markets in which they dispose of their products. This con-
dition, however, is only temporary and the great industries
involved will soon return to their former prosperous con-
dition. Despite the war, and its effect upon our Nation,
in a general way our State continues to grow and prosper.
The increased activities in the farm and fruit industries,
and the continued growth of most of our towns and cities,
is very gratifying. In all parts of the State, notable public'
improvements are being made. Florida is rapidly forging
its way into the front rank of the greatest commonwealths
of America.
FINANCIAL CONDITION OF STATE.
Florida is maintaining a splendid financial condition.
The State is without debt excepting about $600,000 of
State bonds, which are held by the State School Fund. On
March 1st, 1915, there was in the General Revenue Fund
$399,934.23, and a safe balance in all of the other funds.
By proper economy in expenditures there is no reason
why the present satisfactory condition of the State
finances cannot be continued.
INVESTMENT OF STATE SCHOOL FUND.
A policy of investing the State School Fund exclu-
sively in Florida public securities is now being followed.
This policy keeps the money at home, results in the funds
producing from five to six per cent. interest per annum, as
17
against three and four per cent when formerly invested
in State bonds. It also aids in making improvements in
our own State and stimulates the price of Florida securi-
ties. It was a source of gratification that the interest
upon the State School Fund apportioned to the counties
recently, was the largest in the history of the State.
REDUCTION OF STATE TAXES.
Acting under the provisions of the law authorizing the
Governor to reduce the tax village fixed by the Legisla-
ture for General Revenue and pensions, I reduced the 1914
millage from four mills to two and a quarter mills for
pensions, and from two mills to one and three-quarters
mills for General Revenue. The total reduction being
from seven and one-half mills to five and one-half mills.
The effect of the reduction in the State tax levy made
by me was to reduce by about six hundred thousand dol-
lars the amount of State taxes which would have been col-
lected had the levy been left as fixed by law.
The reduction also resulted in the tax payers of the
State being required to pay approximately One Hundred
and Eighty-five Thousand Dollars less State taxes upon
the assessment for 1914, than upon the assessment for
1913. It necessarily follows that a very large majority of
the tax payers paid less State taxes for the 1914 assess-
ment than paid by them on the 1913 assessment.
The reduction in the tax levy was made because of my
desire to relieve and lighten as much as possible the bur-
den upon the tax payers of the State and to enforce econ-
omy by preventing the accumulation of large and tempt-
ing surpluses which might tend to encourage extravagant
and unnecessary appropriations.
The reduction was made possible by the excellent finan-
cial condition of the State and by the substantial in-
crease in the total assessed valuations in the State.
It is my earnest hope that the necessity for a future in-
crease in the State tax millage will not arise; this, how-
2--H.
18
ever, will depend upon the prudent exercise of economy by
your Body.
SUGGESTED REDUCTION OF COUNTY TAXES.
Feeling that the increase in the assessed value of the
property in the State for 1914 would make possible a re-
duction in the county tax millage, I addressed a commun-
ication to .each Board of County Commissioners and each
County School Board in the State urging them to reduce
lie 1914 county tax millage as much as possible.
RECOMMEND E ATIO N S.
For your consideration, and for such action thereon as
your wisdom directs, I submit my views and recommenda-
tions relative to the measures which I deem expedient,
under their respective heads, as follows:
NECESSITY FOR ECONOMY.
At least for many years a Legislature has not convened
in this State, when there was greater need for the strict-
est economy in dealing with those matters which involve
the expenditure of public funds. The burden of taxes
should even during the most prosperous periods be made
as light as possible, with due consideration for a proper
administration of government. When a large number of
the taxpayers of the State are not enjoying to a consid-
erable extent their usual prosperity, as at present-due to
the European War-the wisdom of, and the demand for
care and economy in public expenditures are doubly ap-
parent. At this session of the Legislature it is my opinion
that you should not authorize the expenditure of one dol-
lar that is not required for a strictly worthy purpose, and
one for which there is apparent need at present. Doubt-
less you will have before you a number of demands for ap-
propriations which, in more favorable titles, should be
granted, but at this time to grant them would work a
hardship and place an increased burden on the tax payers.
19
Such demands, when for purposes not urgently required
at present for the efficient administration of government,
should be deferred until our people are in better shape to
meet the expenditures they require. The greatest scrutiny
and caution should be exercised in passing upon appro-
priation measures. The merits of every measure contem-
plating the creation of a new office, additional clerkship
and salary raise should be thoroughly investigated, and
denied and defeated by you unless absolutely worthy and
proper. My experience with public affairs for a number
of years has convinced we tlint a few people at least, are
going to get all they can out of the public treasury,
whether their demands are or are not meritorious. Then
greater is the necessity for those whose duty it is to pro-
tect the general good, the interest of the great majority,
to be constantly on guard, watching and safeguarding the
interest of the tax payers.
No money can be paid from the Treasury except upon
appropriations made by the Legislature. This places the
full responsibility for protecting the tax payers upon your
branch of the government, and it is hoped and believed
that it will by you be prudently and economically
exercised.
STOP WASTE IN LEGISLATIVE EXPENSES.
At some previous sessions of the Legislature about two
to three times as many clerks and attaches of the Legisla-
ture have been employed as were necessary to efficiently
carry on the work. When this was true, it was a great
injustice to the tax payers, upon whom fell the burden of
these expenses. My confidence in you leads me to believe
you will not at this session permit of any such waste of
the public funds of this State. The necessary clerks should
be employed, but the tax payers should not be forced to
pay for unnecessary clerks, as has sometimes been true in
the past, when the principal labor performed by the useless
clerks was that of visiting the State Treasury to draw
their unearned and unmerited salary.
20
AUTHORIZE CITIES TO CHANGE CHARTERS.
Much of the time of each session of the Legislature is
consumed in the consideration of city charter measures.
To relieve the Legislature of this work, and in order that
the people of the towns and cities may have authority to
make their own charieis anid alter same, as desired
locally, a Constitutional amendment removing this au-
thority from the Legislature and vesting it in the towns
and cities should be submitted.
REQUIRE INTEREST ON COUNTY FUNDS.
For some years, by law, interest has been required on
State funds on deposit. The same policy should be
adopted regarding County funds, and I repeat my recom-
mendation of two years ago that a law be enacted requir-
ing banks when holding county funds on deposit to pay
interest on the same. Such law would result in the coun-
ties deriving an income of from $50,000 to $75,000 an-
nually from a source now producing no revenue.
COUNTY FINANCE, TAXATION, LIMITING
MILLAG1E.
Possibly one of the most important subjects with which
you will have to deal is the problem of the administra-
tion of the business of the counties respectively of our
State. Every tax payer is interested in the use being
made of the tax money which he contributes to the State
government, but he is far more directly concerned in the
contributions he is making to the county. More directly
interested because he pays four to six times as much taxes
to the support of his county as he pays for all State pur-
poses, including pensions. Also because his tax money
going to the county is used for purposes which brings to
him and his family more direct benefits, in the way of
school advantages and local public improvement and
development.
21
Every safe-guard should be thrown around the county
finances. The people are entitled to a painstaking and
business-like administration of the county affairs. In
some counties there is entirely too much extravagance
and too little regard for the interest of the tax payers.
Improvements and progress are desirable, but it is also
desirable that the tax burden be held down to as low
minimum as possible, commensurate with a proper admin-
istration of the public business. Taxes are too high in
some of the counties. As a means to remedy this condi-
tion to an extent at least, I suggest that a law should be
passed limiting the maximum millage which can be levied
for the various county purposes, and also plainly provid-
ing that no expenditures shall be made in a county in ex-
cess of the annual revenue of the County, unless such ex-
penditure is first authorized by a vote of the tax payers.
The law to provide specifically for the removal of any
officer who violates its provisions.
REQUIRE RECORD VOTE MEMBERS COUNTY
BOARDS.
The tax payers and citizens generally are entitled to
know how each member of the Board of County Commis-
sioners and each member of the County School'Board
stand upon the many questions with which they deal.
It is also desirable to have properly placed the members
of these Boards who are rendering a faithful and credit-
able service, and those who are not doing so. To accom-
plish this, I recommend the passage of a measure requir-
ing that a yea and nay vote be required upon all ques-
tions before these boards, and that the Clerk or Secretary
of said boards shall record such vote with names in the
official minutes of the Board.
REQUIRE OFFICERS TO PAY OVER PUBLIC
FUNDS PROMPTLY.
All money belonging to the State or a county, when
22
paid to an officer, should be promptly paid over to the
public Treasury. No officer should be allowed to hold the
public funds for an indefinite period. I would suggest the
enactment of a law requiring that all officers collecting
public funds shall pay the same to the proper officer within
ten days after the first day of the month next succeeding
the month of receiving the same, with the penalty of re-
moval for a failure to comply with the law, and the loss
of commission on the amount which is not so paid.
UNIFORM SYSTEM OF PUBLIC ACCOUNTS.
There has been in recent years a great improvement in
nearly all the counties in regard to the system of keeping
the public accounts, but in order that this may be per-
fected, I recommend that a uniform system of public ac-
counting in the county offices be established by providing
for the State Comptroller and the State Auditor to pre-
scribe and enforce the use of uniform books and blanks,
and also authorizing them to require the system prescribed
to be used by every county official, whose duty includes
the keeping of any part of the public accounts.
APPLY GAME REVENUE TO AID OF RURAL
SCHOOLS.
Under the provisions of the law creating a State Game
Department the revenues derived from hunting licenses
is paid into the State School Fund, and is invested in se-
"curities paying about five per cent interest annually.
This interest is distributed to the several county school
funds upon the basis of the average daily attendance of
)pupils. Under this plan the amount to which each county
is entitled is so very small that it cannot be of any sub-
stantial aid toward defraying the expenses of the county
schools. I think it desirable to have the net revenue from
the Game Department, amounting to about $25,000 per
annum, used for the more direct benefit and improvement
of our public schools. Entertaining this view, and know
23
ing the urgent needs of providing longer terms and better
facilities for our rural schools, as well as being aware
that many School Boards find it difficult to finance the
schools with the funds now available, I know of no more
worthy way in which this fund can be used than to have
it applied for the benefit and development of the public
schools in the rural districts of this State. To this end I
recommend that a measure be passed providing that the
net proceeds from the State Game Department shall an-
nually be distributed to the counties, and shall constitute
a fund in each county to be known as the Rural School
Fund, and applied specifically for the use of the rural
schools. The apportionment of said fund by the State to
the counties to be made upon some equitable basis.
STATE AID TO STAMP OUT PESTS.
In my message to the last Legislature I recommended
that an annual appropriation be made to be used in stamp-
ing out and preventing the spread of any disease or insect
which threatens any of our agricultural and horticultural
interests. No action was taken upon my suggestion, and
as a result, when the citrus canker appeared on the lower
East Coast during last year, there were no State funds
available for use in the campaign to eradicate this dis-
ease. Though my contingent fund was small, I felt that
I was justified in doing so, and used $1,000 for assisting
in the work to stamp out the disease, and also assisted in
every way I could the voluntary efforts to handle the cit-
rus canker situation. Through the activity and financial
aid of many of the citrus growers and other citizens, a per-
sistent fight has been waged to rid our citrus industry and
our State of this disease, and only recently the Federal
Government appropriated and began the expenditure of
$35,000 for the eradication of the citrus canker in the lim-
ited territory now affected. This appropriation termi-
nates in June of this year, and we will then have no fur-
24
their assistance from the Federal Government. The cam-
paign to eradicate this disease should not be allowed to
stop with the expenditure of the funds furnished by the
Federal Government and now being used. Ample provis-
ion should be made by your Body to continue the cam-
paign to a successful conclusion, and to this end I recom-
mend that an appropriation be made with which to carry
on the work of exterminating this disease or any other
disease or insect which may threaten our horticultural or
agricultural interests.
CROP PEST LAW.
In order to successfully carry on the work of studying
and investigating diseases and insects which attack our
grove and agricultural interests, to prevent their entrance
into the State, and for controlling and exterminating any
such diseases and pests that may get a foothold, it is
necessary for us to have a law granting the necessary au-
thority and providing the system to be pursued in such
work. Our laws are not sufficient upon this subject, and
I urge the enactment of a thorough crop pest law.
COUNTY AID IN CROP PEST ERADICATION.
It is recommended that a law be enacted giving the
Boards of County Commissioners the authority to extend
aid in the extermination of crop pests and diseases preva-
lent in the County, whenever it is deemed advisable.
PROTECTION OF CATTLE INDUSTRY.
One of the large industries of this State is cattle rais-
ing, and we have the possibilities for making Florida the
greatest cattle and stock raising State east of the Missis-
sippi River. A menace to the cattle industry is the cow
tick. To eradicate this pest some effort has been made
25
by the Federal Government and also by our State through
the State Board of Health. It is my opinion, however,
that more extended efforts should be made, and to this end
I recommend that an appropriation of Fifteen Thousand
Dollars be annually appropriated to carry on a campaign
for cow tick extermination.
FARMERS' AND GROWERS' DAY.
Throughout our country more and more the people are
being impressed with the importance and value of the
farmers and growers, as the main factors in the material
development and prosperity of our land. Our citizens
generally hre concerned and interested in every movement
for the stimulation and encouragement of the agricultu-
ral interests. For the encouragement of our farmers and
growers, and as a compliment to them for their great ser-
vice to their communities, their State and Nation, I rec-
ommend the enactment of a law setting aside and desig-
nating one day in each year to be known as "Farmers' and
Growers' Day." The said day to be observed as a legal
holiday throughout the State.
A MARKETING BUREAU.
Produce of all kinds can be produced in Florida. Our
growers are wonderfully successful in raising good crops.
The serious question, however, with our producers is the
proper marketing and successful selling of what they
"raise. With a good market, where fair prices can be pro-
cured for our vegetable and staple crops, the Florida farm-
er is certain to succeed. To assist our farmers in this
matter and for the general good of all the people of the
State, I recommend that provision be made for a State
Marketing Bureau. The said Bureau, to be directed by a
Commissioner whose duties it shall be to take all action
necessary to bring about the successful Iparketing of the
26
farm products of Florida. Such Bureau with proper
management would not only be a wonderful aid to our
farmers but can be made self-sustaining.
COUNTY AGRICULTURAL AND HORTICULTURAL
AGENTS.
The demonstration work which has been carried on by
the State University and the Federal Government has
made apparent the value to our farmers and fruit grow-
ers of agricultural, horticultural and stock breeding de-
monstrations. There is room for enlargement of this very
beneficial work. The fact that the work of the Agricul-
tural Experiment Station is more or less limited by lack
of funds and the large territory to cover suggests the
value of a demonstrator in the counties, who would be
skilled in proper methods of farming and fruit growing,
selection of seed and plants, breeding of live stock, exter-
mination of pests, judging the value and proportions of
fertilizers, treatment of soils and the diseases of trees and
plants.
I recommend that a law be passed authorizing the
Board of County Commissioners of each county to employ
such agricultural and horticultural demonstrator, when in
their judgment it would be for the best interest of the
county to do so, and to authorize such agent to employ as-
sistants. The Federal Government will join the counties
in paying the salary of such agents. Such demonstrator
in addition to his other duties also could render valuable
service by giving practical lessons in agriculture in the
public schools, thereby making more efficient this branch
of the public school work; also in co-operating with the
corn clubs and tomato clubs, stimulating, and extending
this commendable work. The law should allow two or
more counties to jointly employ such demonstrator if de-
sired.
27
AGRICULTURAL PRIZES FOR BOYS AND GIRLS
Any policy which tends to encourage and increase agri-
cultural activities is of unquestionable value to our State.
Florida has an unlimited amount of rich and productive
land, and it has untold possibilities for agricultural ex-
pansion. Every reasonable effort should be made to pro-
mote our farming interests. The ambitious boys and girls
of the State will readily respond to the encouragement
which might be offered to them by contests in growing
the crops to which the soils of their respective sections
are adapted.
I recommend legislation which will authorize the Coun-
ty Commissioners of the various counties to offer prizes
for such contests.
NO LICENSE TAX ON FARM PRODUCTS.
Florida is vitally concerned in extending its grove and
agricultural interests. We want to encourage our farmers
and producers. In this behalf, I recommend the enact-
ment of a law exempting absolutely from a City, County
or State license tax, all farm and grove products or the
products manufactured therefrom, when being handled by
and disposed of by the original producers thereof.
CANNING AND CORN CLUBS.
For the funds expended wonderful results are being at
complish through the Girls' Canning Club and the
Boys' Corn Club movement. This work should be con-
tinued and enlarged. Ample provision should be made by
you in this behalf.
COUNTY CANNING AND CORN CLUB AGENTS.
The work being carried on through the medium of the
Canning Clubs and Corn Clubs is proving very valuable
28
to our State. This commendable work should be encour-
aged in every way possible. At present the Boards of
County Commissioners have no authority to employ
agents to carry on this work. They should be so author-
ized and I recommend a law so providing.
REGULATION OF COMMISSION MERCHANT
BUSINESS.
The fruit growers and truck farmers of Florida ship
annually millions of dollars worth of their products to
Commission Merchants in other States. Many of these
merchants deal honestly with our people but some of them
do not. To require fair dealing and prompt returns to
our farmers and growers, a Federal law regulating the
business of the Commission Merchant is necessary, and 1
would suggest that Congress be memorialized to enact
such law.
ACCEPT PROVISIONS OF AGRICULTURAL EXTEN-
SION BILL PASSED BY CONGRESS.
The 63rd Congress passed a measure known as the
Smith-Lever Act providing for co-operative agricultural
extension work between the agricultural colleges in the
several States receiving the benefits of an Act of Con-
gress approved July 2nd, 1862, and of Acts supplementary
thereto, and the United States Department of Agricul-
ture. Under the provision of this Act, Florida, upon the
acceptance of the provisions of the Act by me as Gover-
nor, received $10,000 in 1914, and upon the assent to the
provisions of the Act by your Body will receive $10,000 in
1915, and an additional amount of approximately $6,480
for 1915; and an annual increase thereafter of about
$5,500 for a period of years will be paid to the State upon
an equal amount being appropriated for the said work by
the State. It will be necessary for a measure to be passed
29
assenting to the provisions of this Act of Congress and
also making the appropriation necessary for the State to
procure the additional amount over the annual appropria-
tion of $10,000. I therefore recommend the enactment of
the legislation necessary for the State to avail itself of
the provisions of the said Act of Congress.
SOIL SURVEY BY U. S. GOVERNMENT.
The Federal Government has made comprehensive soil
surveys in many of the States, but heretofore little has
been done along this line in Florida. I deem advisable a
memorial asking Congress to make provision for a soil
survey in the counties respectively of Florida.
REQUIRE COMMON CARRIERS TO FURNISH CARS
FOR PERISHABLE PRODUCTS IN CERTAIN
TIME.
That the producers of perishable fruits and farm prod-
ucts may have cars furnished to them by common carriers
for the prompt shipment of such perishables, or in the
event of their failure to promptly furnish cars, that the
producer may be compensated in damages, I recommend
the enactment of a law making it the duty of common
carriers to furnish to any grower or growers of perish-
able fruits and vegetables, suitable icing and refrigerator
cars or other suitable cars for the transportation of such
products when application in writing is made therefore, a
reasonable number (the number to be inserted) of hours
in advance of the time such car or cars are wanted for
loading. And providing that in the event common car-
riers shall fail to so furnish such cars, the shipper shall be
entitled to recover the damage he has suffered on account
of such failure or delay based upon the market value of
his products.
30
PUBLIC ROAD COMMISSION.
Within the past decade the public has become more or
less alive to the necessity for and the advantage derived
from good roads. This good road sentiment has become
quite general in Florida. A large number of the counties
of the State are now either by' direct taxation or by funds
raised from bonds engaged extensively in road construc-
tion and improvement. With the expenditure of the large
sums of money which is now being applied, and will in the
future be used in even larger amounts for road building,
it will be both wise and economical to have the roads of
the counties laid out with system; to have them made of
proper materials and scientifically constructed. There is
no avenue for greater waste of public funds than in road
building, when the work is carried on in a slip-shod
fashion, without proper skill, a comprehensive system and
suitable material.
I believe that the County should be the unit for road
building; but while the first object should be to serve the
people of the County which defrays the expense, each
County should be neighborly and co-operate with the ad-
joining counties in making proper and suitable connec-
tions for highways, so far as the same can be done with-
out detriment to the best interest of the county road
system.
To advance the good road movement, to bring about
greater efficiency in road construction in the various coun-
ties of the State, to ascertain the most advisable methods,
the best materials to be used, and in a general way to
have the road building of the counties placed upon the
most economical business-like basis and to stop waste, I
believe it advisable to have created a State Road Commis-
sion, to be composed of three members, who shall be al-
lowed their expenses when engaged in the public busi-
ness, but who shall serve without salary.
31
The said Commission should be granted ample authority
to conduct all inquiries, to make all necessary investiga-
tions, and take all necessary action for the advancement
of public road improvements in the State. The Commis-
sion should be authorized to emply a Highway Engineer,
at a salary not exceeding twenty-five hundred dollars per
annum, who should be required to investigate and report
upon the methods of road construction best adapted to
the various sections of the State, and define standards for
the construction and maintenance of highways in the
various counties of the State, suggest routes for State
highways, and perform such other duties incident to and
properly connected with such position. He should also
be required to co-operate and advise with the Boards of
County Commissioners and County Engineers with ref-
erence to County Roads.
GOOD ROADS.
In my study of public problems for the past twelve years
I have given more or less thought to the subject of good
roads and the advisability of governmental activity along
this line. From my interest in this subject and its study,
I am firmly convinced that a thorough system of good
roads in each county in Florida will add more to the ma-
terial advancement of our varied resources, to the up-
building of our State, to property enhancement and to
the comfort and convenience of our rural citizens and to
the people generally of the State than any other one step
that can be taken.
LIBRARIES FOR PUBLIC SCHOOLS.
That the school youth of the State have easy access to
good books and proper reading matter, is deemed highly
important. With a carefully selected library in the public
schools suitable for the respective grades, the boys and
32
girls would be inclined to cultivate a taste for reading
the right kind of literature and their attention diverted
from trashy reading to which they are too often attracted
when the better class of books is not available.
I would, therefore, recommend a law making it the duty
of the County Board of Public Instruction in each county
to provide for circulating school libraries, to contain not
less than fifty volumes each, the number of libraries to be
not less than one to every ten schools, and to provide for
the care of the libraries and their exchange from one
school to another. The supervision of the libraries and
the details of the circulation of the same, and the system
and rules for use thereof might very properly be made the
duty of the County Superintendent of Public Instruction.
The initial and maintenance expense for these libra-
ries would be but a trifle compared with the great good
which they would accomplish.
RURAL SCHOOL INSPECTORS.
The two Rural School Inspectors which were authorized
by a law enacted at the last session of the Legislature have
been doing splendid work. Too much cannot be done for
our rural schools, and I earnestly urge that ample provis-
ion be made for continuing the Rural School Inspectors.
EQUAL LENGTH TERM OF CERTAIN SCHOOLS.
The tax payers of the rural districts being required to
pay the same rate of taxation to the General School Fund
for school purposes that is paid in the towns and cities., it
is my opinion that the country schools should be main-
tained from the said General School Fund for terms equal
to those provided for the town and city schools from this
general fund. A law should be passed so providing.
33
AGRICULTURAL, MECHANICAL AND DOMESTIC
SCIENCE TRAINING IN THE PUBLIC SCHOOLS.
Practical training for our boys and girls is quite as es-
sential as book-learning. Our present law requires that
the elements of Agriculture and Civil Government be
taught in the public schools. I believe we should also have
a law requiring the teaching of at least the elementary
principles of Domestic Science, Mechanical training, and
also practical Farming.
AUTHORIZE SCHOOL BOARDS TO ACQUIRE LAND
FOR FARM DEMONSTRATION.
A law should be enacted authorizing County School
Boards, when deemed advisable, to acquire by gift, pur-
chase or lease, a limited acreage of suitable land to be
used for farm demonstration work in connection with the
school or schools for which acquired.
ONE MILL STATE SCHOOL TAX.
The basis upon which the one mill State school tax is
apportioned to the counties under the present constitu-
tional requirements works an injustice against many of
the counties of the State. A large number of the counties
receive back far less than paid in by them to this fund,
while other counties receive often as much as from two
to three dollars for every dollar paid into the fund. It
is not infrequent that the counties suffering on account
of the plan of apportionment are paying a higher rate of
taxes for school purposes than the counties receiving from
this fund much larger sums than said counties contribute
on account of said tax. A constitutional amendment cor-
recting these discrimination should be submitted. The
best plan would probably be to aboilsh the tax and to
increase the maximum county school millage one mill.
3--H.
34
STATE PRISON FARM.
The last Legislature enacted a law providing for the
establishment of a State Prison Farm, on a tract of land
approximately eighteen thousand acres, in Bradford
County, previously purchased for this purpose. As no im-
provements had theretofore been made towards such farm
upon this land, it became necessary for the Board of Com-
missioners of State Institutions to begin the establish-
ment of this farm upon a new and uncleared tract of land.
Buildings were to be erected and all lands to be used had
to be cleared and put in tillable condition.
The Board first sent a Committee to other States to
gather desirable information as to buildings and improve-
ments best suited for such institutions. The Board then
inspected the tract of land with a view to selecting a site
for the buildings necessary. After these preliminaries, as
many prisoners as could be safely handled in the woods
with the necessary free labor, began clearing for the build-
ings, and in regular course the erection of buildings was
pushed forward. When once able to house a substantial
number of prisoners, the work of clearing land was begun,
and has been constantly continued since.
We now have at this farm ample buildings for the ac-
commodation of five or six hundred prisoners and for
Superintendent and all other employees. The prison
buildings are modern, equipped with electric lights, baths
and sewerage and screened throughout. While of econ-
omical construction they furnish as comfortable prison
quarters as can be found in the United States. The cot-
tages erected for employees are all neat in appearance and
comfortable.
Such barns and storage houses as required for present
needs have been erected. A complete water and sewerage
plant, and an electric light plant, serving the entire head-
quarters premises have been installed. Care was exercised
in laying out the land upon which the buildings were to
35
be erected, necessary streets, avenues and parks being
provided. System has been followed in the location of a14
buildings.
About six hundred acres of land has been cleared, and
such crops as will do well on new land and are needed for
the prisoners and stock have been and are now being
planted on a large acreage of this land. The initial steps
have been taken for the raising of live stock, hogs and
chickens on this Farm. I believe the showing made on
this farm, considering the time the work has been in pro-
gress, is quite creditable.
HANDLING OF STATE CONVICTS.
Two years ago I recommended the enactment of a law
providing for the removing of the State prisoners from the
lease system on an installment basis, the prisoners to be
placed on the public roads and the State Prison Farm
then contemplated. The idea being to eventually discon-
tinue the lease, but to accomplish this aim in such grad-
ual way as to not disturb the State and County finances
or. to necessitate an increase of taxes with which to raise
funds to build up a prison farm and to maintain the pris-
oners until those on the proposed farm could be made
self-sustaining.
A measure was passed carrying out, to a large extent,
my suggestion. It did not, however, dispose definitely of
the policy of abolishing the lease system. This will be
one of the questions with which you will have to deal.
Under the Act passed by the last Legislature upon this
subject, with the funds therein provided which were de-
rived from the hire of convicts, splendid progress has been
made in establishing a State Prison Farm at Raiford, in
Bradford County. Suitable buildings for accommodation
of about five hundred prisoners have been provided, and
several hundred acres of land have been cleared.
36
To provide additional buildings for more prisoners, to
clear additional land and make tillable the acreage which
should be utilized on this place and to support the prison-
ers now on this farm, numbering over five hundred, until
the place is made self-sustaining, will require quite an
expenditure. It is my opinion that this expense should
be defrayed from the proceeds from the hire of that por-
tion of the convicts who remain under temporary lease
until the prison farm is properly equipped and made cap-
able of taking care of all prisoners who will be sent there
upon the abolition of the lease system. It is my opinion
that within two years more this farm can be so enlarged
that it will meet all demands and also become self-sustain-
ing. During this period ,the able-bodied prisoners who
are not desired by the counties for road work, and for
whom there is not sufficient accommodations at the prison
farm, of necessity will have to remain under temporary
lease unless an appropriation is made from the General
Revenue Fund for their immediate care and support.
Considering the conditions which confront us, and the
guarding of the State finances, while dealing with this
problem, I would recommend the enactment of a law pro-
viding that during the next two years counties may pro-
cure State convicts for road work upon the terms now au-
thorized by law, that as many as can be cared for and
advantageously used at the State Prison Farm, shall be
used there, and those in excess of the number so required
shall remain under temporary lease during the said two
years. The said measure to further and specifically pro-
vide that at the end of said period no State prisoner shall
be further leased, but thereafter all able-bodied male pris-
oners shall be used exclusively and only in road work as
far as they can be used by the counties, and the remainder
to be cared for and worked at the State Prison Farm. In
this way it is my opinion we can build up a creditable
State Prison Farm, have a large number of the prisoners
to work in road-building, and permanently abolish the
37
lease system and do so without inflicting any financial
hardships upon the State and the counties.
GAIN TIME FOR CONVICTS.
In the enactment of Chapter 6177, Acts of 1911, same
being an Act to amend Section 4140 of the General Stat-
utes, relative to gain time to be allowed to convicts, an
error was made in not providing an allowance of gain
time for the fifth year of sentence. This mistake was
doubtless purely a clerical error and should be corrected,
so as to preserve the symmetry of the Act and carry out
what was unquestionably the real intent of the Legisla-
ture in passing the law.
AUTHORITY TO PAROLE PRISONERS.
The Board of Commissioners of State Institutions
should be given authority to grant parole to prisoners,
either upon bond made payable to the Governor, or with-
out bond, when deemed advisable, and I recommend a
measure granting such authority.
ALLOWANCE TO PRISONERS UPON DISCHARGE.
The average prisoner, at the end of his term of impris-
onment is penniless. To turn him loose on the public
without money or friends will possibly force him to again
commit crime before he can get employment to make suffi-
cient to buy food and shelter. He should at least have
sufficient to sustain him for a few days. I therefore rem-
ommend the passage of a law requiring that each county
prisoner who has served as much as thirty days shall by
the county be given $5.00 upon his discharge, and those
who have served ninety days or more shall be given $10.00
upon discharge. And all State prisoners shall be given
$15.00 upon being discharged.
38
SHOULD STOP SUB-LEASING OF COUNTY
PRISONERS.
The law regarding the leasing of State prisoners pro
hibits the lessees from sub-leasing. The law regarding
county convicts should also contain a similar provision.
FIRE ESCAPES FOR JAILS.
A law should be passed making it the duty of the
Board of County Commissioners to have all jails equipped
with ample exits and such fire escapes as necessary for
the safety of prisoners against fire.
PROHIBIT INSURANCE COMBINES.
There is considerable complaint that life and fire insur-
ance is excessively high. It is also apparent that the in-
surance companies have some mutual understanding in
the matter of fixing rates. I would, therefore, suggest a
law that would make it unlawful for two or more insur-
ance companies doing business in this State, or for
officers, agents or employees of such companies, to make
or enter into any combination or arrangement relating to
the rates to be charged for insurance.
INVESTMENT OF INSURANCE FUNDS.
It is the policy of insurance companies to invest their
surplus funds in interest-bearing securities. Every State
is, in my opinion, entitled to have invested in the State
a reasonable percentage of the net surplus realized in that
State. Our people are not getting a fair deal when their
money is being used to build up other States. At least
a part of the money earned in Florida should be invested
in this State. I therefore recommend the enactment of a
39
law requiring that life insurance companies invest a
reasonable percentage of its net surplus from Florida
earnings in securities of this state.
ANTI-TRUST LAW.
A large majority of the States have passed anti-trust
laws, and in my opinion it is advisable that a strong anti-
trust law be enacted in Florida.
FUND TO GUARANTEE BANK DEPOSITS.
Our National banking system has been materially
strengthened by the new banking laws enacted by Con-
gress, yet I am of the opinion that a State law requiring
the banks to maintain a bank guarantee fund for the pro-
tection of depositors is desirable and should be enacted.
INCREASE MAXIMUM CORPORATION CHARTER
FEE.
Under our law, regardless of how large may be the cap-
ital stock of a corporation being incorporated in this
State or for a foreign corporation desiring to do business
in Florida, the maximum charter fee is $250. I recom-
mend that the law be amended so as to fix it at $500.
GRADED CORPORATION TAX.
The privileges given to a corporation by the State are
valuable to the incorporators, and give them rights and
exemptions from liabilities that individuals do not enjoy.
It is for the purpose of exercising these privileges that
persons form corporations. Many States impose an an-
nual tax on all corporations, and I would suggest the en-
actment of a law imposing a small annual license tax on
corporations doing business in this State-say from $5.00
to $50.00, based upon capital stock.
40
ABOLISH STATE MILLAGE TAX.
Possibly no subject is more difficult of solution than
the tax problem. We should have the tax burden bear
equally upon all. There should be absolutely no favorit-
ism extended, either by the tax laws or by the assessing
officers. A long step towards equalizing of taxes, in my
opinion, could be accomplished by changing our system
so as to provide for the discontinuance of the levy of all
State millage, and have the State government supported
exclusively by the license and franchise taxes. This
would remove the necessity of State Uniformity in as-
sessments, leaving uniformity necessary only in the coun-
ties.
UNIFORMITY OF TAXATION-FRANCHISE TAX.
Tax assessment laws that do not apply in equal terms
to all are not impartial and just laws. The Florida tax
laws governing assessments require that all properties
shall be assessed at their full cash value, excepting the
properties of railroad, Pullman and telegraph companies.
The properties of these corporations are assessed under a
special law which makes assessable physical properties
only, not including the value added to the physical prop-
erty on account of the franchise privileges enjoyed. We
have no such law regarding other properties.
I respectfully recommend that the law governing the
assessment of the properties of such public utility cor-
porations should be so amended as to have such proper-
ties assessed upon the same basis as all other properties.
INHERITANCE TAX LAW.
A very large majority of the States have enacted laws
providing for a reasonable tax upon inheritances. This
seems to be one of the most equitable ways by which to
41
raise revenue. I recommend the passage of a graduated
inheritance tax law, which will apply to all estates of
more than a certain amount, to be fixed by the law.
AUTHORIZE DEPUTY TAX COLLECTOR.
A measure should be passed authorizing the Tax Col-
lector to have a Deputy with authority to act in his stead
and place when necessary.
PAY TAX REDEMPTION MONEY TO STATE
TREASURER.
Under the present law the money arising from the Tax
Redemptions is forwarded by the Clerks of the Circuit
Courts to the State Comptroller and by him held on de-
posit until his clerks make up the figures for the distri-
bution of the funds to the State and County. The law
should be so changed as to require that tax redemption
money be sent direct to the State Treasurer the same as
other funds are remitted. By this change the State would
begin to get interest on these funds as soon as deposited
with the State Treasurer. Whereas under the present
system the State receives no interest so long as the funds
are held by the Comptroller awaiting a distribution.
PROVISION FOR HANDLING COUNTY FUNDS.
At the last general election the Constitutional amend-
ment providing for the abolishing of the office of County
Treasurer was adopted by the voters of the State. This
makes necessary the enactment of a law providing a
system for the handling of the county funds. My sugges-
tion is that on and after the expiration of the terms of
the present county treasurers, the County Tax Assessors
should be required to perform the duties heretofore per-
formed by the County Treasurers.
42
S REDUCTION OF INTEREST RATE.
[ respectfully repeat the recommendation made by me
to the last Legislature that a law be enacted changing the
legal rate of interest from eight to six per cent, and that
the rate which is allowed to be charged by contract or
agreement be changed from ten to eight per cent. It has
now been twenty-four years since the present law fixing
the legal rates of interest in this State was enacted. With-
in this time conditions have wonderfully changed. Our
State has more than quadrupled in population and de-
veloped remarkably in scope and value of all her indus-
tries and resources. The rate of interest suggested by me
is equally as reasonable in our State at the present time
as the rate now allowed was when fixed in 1891. As evi-
dence of the fact that the rate suggested by me is reason-
able, a large majority of the banks and individuals loan-
ing money on contract now require not exceeding eight
per cent. In fact, much capital is now loaned in Florida
at slightly lower interest charges, and business men gen-
erally consider a return of eight per cent. upon money
loaned a good investment. It is not believed that the
amendment of the law here suggested would in the slight-
est degree retard the investment of capital or the exten-
sion of loans. It would permit loans at eight per cent.
and that is the rate generally charged now. It would
merely be. adjusting the statutes of the State to the
changed conditions of the times. Most of the Southern
States now have a lower legal rate of interest than is fixed
by Florida.
REDUCE NUMBER OF FOOD INSPECTORS.
Under the provisions of Section 9 of Chapter 6541, Laws
of the last session of the Legislature, the number of Food
Inspectors was increased from two to four, but fortunate-
ly in the appropriation Act provision was made for the
43 1
salary of only three, and therefore we have only had three
in the service. Three Inspectors are ample and have all
the time necessary to carry on the inspections required.
The law should be so amended as to authorize only three
Inspectors.
TRAVELING MEN AND RAILROAD EMPLOYEES
RIGHT TO VOTE WHEN ABSENT
FROM HOME.
Many travelling men, and also a considerable number.
of railroad employees, who are qualified voters of this
State, are often deprived of the privilege of voting on
account of their absence from the County in which they
are registered, upon the date of the primary or election,
such absence being due to the fact that their employment
requires them to be away from home a great deal of the
time. That they may be allowed to vote when absent
from their home County, I repeat my previous recommend-
ation, the enactment of a law providing that a travelling
man or railroad employee or other voter who is required
to be absent from his home upon presenting his registra-
tion certificate, his poll tax receipts, and satisfying the
election officers as to his identity, and that he has not
voted in his home county or any other county or precinct,
and will not be able to do so, shall be allowed to vote for
National and State officers at the place where he may
be, and that his vote shall be restricted to such officers.
NEEDED CHANGES IN PRIMARY LAW.
The new primary law enacted at the last session of the
Legislature, being Chapter 6469 of the Laws of Florida,
was given its first trial in the Primary of last year. The
policy of eliminating the second primary as provided for
in this law, I think very desirable. The law in some of its
. 44
details, however, should, in my opinion, be changed, and
I recommend the following:
First. This law requires each voter to register every
two years, if he is to participate in the primary. This re-
quirement is unnecessary, expensive to the voter and to
the county. The law should be changed so as to not re-
quire registration every two years, except in cities of more
than twenty thousand population.
Second. A registration under this law is not good for
the General Elections. It should be so changed as to
make primary registration good for general elections.
Third. This law allows a second choice vote, but does
not require the voter to vote his second choice. The result
was, in the last primary, that only a very small percentage
of the voters indicated a second choice. Consequently, in
its operation, this law allows a plurality vote to nominate
and does away with the democratic policy of requiring a
majority vote to nominate. I do not believe wise a policy
allowing a plurality to nominate. The will of a majority
should be expressed in favor of a person before he becomes
the nominee of his party. To remedy this defect in the
law, it should be amended so as to require each voter to
cast his ballot for a second as well as first choice.
Fourth. This law is applicable only to the General
Primary held every two years. It should be so amended
as to extend to special primaries.
Fifth. As the Executive Committees have practically
no duties to perform, or any authority under this law, it
seems useless for the law to require such committees.
This being true, the law should not authorize the Commit-
tees to make assessments against candidates to the extent
of two per cent of one year's salary. The candidates
should be required only to pay the fee of three per cent,
which is used for defraying the expense of the election.
Sixth. In a large majority of the counties the County
Commissioners exercised judgment and care in fixing the
compensation to be paid Registration Officers and their
45
Deputies. In a few counties, however, they seemed to
have no regard whatever for the tax payers, and paid fab-
ulous prices for the work done. The law should be amend-
ed so as to fix the maximum amount to be paid Registra-
tion Officers and their Deputies.
Seventh. If it can be done, the law should prescribe a
more simple form for the election officers to use in making
up the tally sheet of the first and second choice votes.
APPROPRIATION FOR DETECTION OF ELECTION
FRAUDS.
A law should be passed providing a small appropriation'
which may be used by the Governor or the Attorney Gen-
eral, for the purpose of employing detectives and special
agents to detect and have punished any violations of the
election laws or the Primary Election laws. This measure
may also provide for the Sheriff and other police officers
to report to the Governor or Attorney General any sus-
pected violations requiring special investigation.
CLOSING SALOONS PRIMARY ELECTION DAYS.
Section 240 of the General Statutes requires the closing
" of all saloons on days of general elections. There seems
to be a question as to whether the requirement that saloons
be closed must apply to days on which primary elections
are held. Saloons should certainly be closed on primary
election days, and I recommend that the law be so amend-
ed thatthere can be no doubt of its application to same.
PROHIBIT GIVING OF LIQUOR ON PRIMARY DAY.
Section 3554 of the General Statutes makes it a viola-
tion of law for a person to give away liquor or other intox-
icating drinks on General Election day. This law should
be so amended as to also apply to Primary Elections.
46
WATCHERS ALLOWED AT ELECTIONS.
Every provision necessary for the purity of the ballot
and in the interest of honest elections should be made
While in many counties it is quite customary for watch-
ers to be allowed at the polls, it has come to my notice
that in some counties the election officers object to hav-
ing anyone inspect their work as they proceed with the
canvassing of the ballots. In my opinion, watchers should
be allowed, and I recommend a law so providing.
AUTHORIZE COUNTY COMMISSIONERS TO
EMPLOY DETECTIVES WHEN NEEDED.
Under the present law, the Board of County Commis-
sioners are without authority to employ detectives when
deemed advisable to investigate alleged crimes, when the
circumstances are such as to make it practically impos-
sible for the Sheriff to detect the crime. I believe a law
granting such authority advisable, and recommend its
enactment.
COUNTY COMMISSIONERS.
I would advise the passage of a measure prohibiting a
County Commissioner from holding any position or re-
munerative employment created by the board of which he
is a member, during his service as Commissioner.
PUBLISH MINUTES STATE BOARD OF
EDUCATION.
Many important State transactions are handled by the
State Board of Education. At present the minutes of
this Board are not printed for circulation. That publicity
may be given to the transactions of this Board, I would
47
suggest the enactment of a law requiring that these min-
utes be printed bi-ennially, for distribution to the mem-
bers of the Legislature, the press and the public. Three
hundred dollars should be appropriated bi-ennially for
this purpose.
SALE STATE SCHOOL LANDS ON INSTALLMENTS.
A law authorizing the State Board of Education to sell
State School lands on reasonable installments should be
enacted. Such authority would frequently result in the
State getting a better price, would encourage settlers,
and often aid a poor man to purchase, who would other-
wise be unable to pay all cash for the land he desires.
REFORM CIVIL COURT PROCEDURE.
The court procedure in this State has become more or
less antiquated and out of balance with the present day
thought and progressive spirit of the times. There is
need for reform in the law and rules which govern the
proceedings in our courts.
Florida has as honorable, able and efficient judiciary
as any State in the Union. The fault is not with the judi-
ciary, but with the law and rules by which our courts are
guided. Under our present system it is impossible to
force a trial in a civil case in less than six to twelve
months. Every kind of technical dodge that will cause
delay is permitted. The law should be so changed as to
expedite and hasten trial. A litigant should be able to
get a hearing on his case within one to two months after
suit is instituted. The pleadings should be simplified and
technicalities eliminated in all of the courts. The time al-
lowed for entering and perfecting appeals should be
shortened. With a change of our law along these lines
much will be accomplished towards giving to our citizens
justice without unreasonable delays and without exces-
sive cost.
48
REFORM CRIMINAL PROCEDURE.
Our laws relative to indictments and informations in
criminal ) cases should be 'so reformed as to make more
simple the complaints against alleged offenders. These
proceedings are now so technical that often the guilty
escape punishment.
I would recommend a law prescribing and setting forth
a simple form of indictments and informations applicable
to the most frequent crimes.
GIVE STATE RIGHT OF APPEAL.
Under our present law the State is deprived of the
right of appeal in a criminal case upon the constitution-
ality of the law. Should a Justice of the Peace, a County
Judge or the Circuit Judge in a criminal case declare the
statute under which the case is being tried to be uncon-
stitutional, there is no means provided for the State to
have the ruling of the trial court passed upon by a higher
court-an appellate court. That we may have the consti-
tutionality of criminal statutes passed upon by the ap-
pellate court when they are declared unconstitutional by
the lower courts, I suggest that a measure should be
passed allowing the State the right of appeal in such
cases.
SUPREME COURT'S OPINION, CERTAIN CONSTI-
TUTIONAL QUESTIONS.
A measure should be passed authorizing the Governor,
the Legislature or the Attorney General, in matters of
great public moment, to submit to the Supreme Court of
the State, questions for decision, in which constitutional
points are involved. At present the Governor only may
request the Supreme Court to give an advisory opinion
upon its interpretation of the Constitution upon questions
419
affecting the constitutional powers and duties of the exe-
cutive only. This authority would doubtless be seldom
exercised; however, at times it would be best for the
State if such power existed.
CONSTITUTIONAL QUESTIONS RAISED IN
SUPREME COURT.
Under our present procedure frequently a constitution-
al question raised upon appeal is not passed upon by the
Supreme Court when raised, it being the rule to dispose
of a case upon other than constitutional points when it
can be done. That the contstitutionality of a law may be
settled when raised, I recommend a law requiring that
when the constitutionality of a statute is raised in the
appellate court, the question should be passed upon. Such
law would often save the time required and the expense
to the county and litigants for a second trial.
ABOLISH RULE UNANIMOUS JURY VERDICT.
I strongly believe in a fair and impartial trial by jury
and that this right should in no way be infringed; yet I
think our system, which requires a unanimous verdict,
often defeats justice and entails upon the State or liti-
gants large additional expense by allowing one member
of the jury to bring about a mistrial, thereby necessitat-
ing the expense of another trial and delay in justice, al-
though all other jurors favor and agree upon a verdict.
I think the system should be so changed that in cases
tried by jury of six, five out of six of the jurors, and in
cases tried by twelve jurors ten out of twelve jurors agree-
ing can render the verdict of the jury, and I would sug-
gest a constitutional amendment so providing. This would
certainly still leave every protection of a fair trial by jury
and would in no wise injure the just cause of any one.
4-H.
50
TRANSFER CASE TO PROPER COURT.
In certain case where a suit is brought in the wrong
court and thrown out for the want of jurisdiction, the
party may lose his right on account of the statute of limi-
tations having barred his action. To remedy this weak-
ness in the law, I would recommend the passage of a law
providing that no cause, proceeding or appeal should be
dismissed or thrown out of court solely on account of be-
ing brought in or taken to the wrong court or venue, but
if there is a court where it may be brought or prosecuted,
it should be transferred to such court, all prior proceed-
ings being saved.
SUBSTITUTE JUDGE FOR PREJUDICE JUDGE.
A change of venue on account of the prejudice of the
judge, as provided in Sections 1471 and 1475 of the Gen-
eral Statutes, requires the transfer of the cause to another
district or county entailing either to the witnesses, to the
district or county to which the case is transferred, neces-
sarily making the expense much larger than if the case
was tried in the county in which it was instituted. When
the change of venue is asked merely upon the prejudice of
the judge, there is no reason why the case should be trans-
ferred. Instead, a judge should be substituted for the one
who is alleged to be prejudiced. I recommend that the
law be amended accordingly.
ABOLISH PENALTY CLAUSE IN CHANCERY
SUBPOENA.
Section 1864 of the General Statutes in prescribing the
form of a subpoena in chancery prescribes a penalty of
$:500 for a failure to appear. It not being understood that
personal appearance is not required, this form of sub
51
poena often causes persons the unnecessary trouble and
expense of a trip to the court house. The penalty clause
should be eliminated.
REQUIRE BOND IN GARNISHMENT.
The .garnishment law should be so amended as to require
a bond from the person instituting garnishment proceed-
ings, the same as required in attachment proceedings.
PROHIBIT FOREIGN PUBLIC SERVICE CORPORA-
TIONS SUING IN U. S. COURT.
I would suggest the passage of a law providing that a
foreign public service corporation, which removes a suit
to a Federal Court, or institutes a suit therein, which it
could not move to a Federal Court or institute and main-
tain therein if it were a domestic corporation, shall for-
feit its right to do intra-state business within this State.
A law of this character would, I think, aid the State in
regulating public service corporations and very much
hasten litigation in which foreign public service corpora-
tions become involved in this State.
RECLAMATION OF EVERGLADES.
The Everglades reclamation project has, within the past
two years, been carried forward as rapidly as the funds
available would permit. The problem of raising money
with which to make the desired progress with this work
has been a difficult one, due largely t tthe more or less
financial stringency during the past year and a half. The
funds arising from the drainage district tax is not suffi-
cient to carry on the work on a large scale, and until very
recently the Drainage Board was unable to get purchas-
ers for any of the drainage district bonds authorized by
the last Legislature. I am pleased to report, however, that
52
at present the prospectl are very promising for the suc-
cessful carrying out of this great and meritorious under-
taking. A large contracting firm has taken a contract for
a number of the main canals, agreeing to accept in pay-
ment for the work small monthly cash payments and notes
of the Drainage Board, secured by drainage district bonds
for the remainder, due in two years from the dating of
the notes and bonds, to be given from time to time as the
work progreseses. The work under this contract, with
other work that is planned, no doubt means the ultimate
.success of the drainage and reclamation of the Everglades.
The Drainage Board will bring to your attention needed
changes in the present drainage law.
EXPERIMENTAL FARM IN EVERGLADES.
That the diversity of crops for which the soil of the
Everglades land is suitable may be ascertained, and also
for the purpose of demonstrating the agricultural value
of this land for the production of the different crops, I
deem it advisable that you pass a bill providing that the
Trustees of the Internal Improvement Fund shall estab-
lish and maintain, so long as they believe for the best in-
terest of the State, one or more experimental farms in the
Everglades. The State owns within the Everglades over
one million acres of land, and it is my opinion that such
Experimental Farms, which would be of but little expense
upon the Internal Improvement Fund, would add very
materially to the development of the State, as .well as en-
hance very much the value of the State's land and other
lands in that territory.
WATERWAY ACROSS SOUTHERN PART OF STATE.
As part of the system of drainage canals in the Ever-
glades, we have canals which furnish a waterway across
the southern part of the State. These canals furnish an
excellent beginning upon which the Federal Government
could construct a transportation water course from the
Eastern to the Western shores of Florida. That we may
endeavor to get Congress interested in such project, I sug-
gest the adoption by your Body of an appropriate mem-
orial asking that Congress make appropriation for a sur-
vey looking to the establishment by the Federal Govern-
ment of such waterway.
REQUIRE RAILROADS TO PROVIDE OPENINGS
FOR DRAINAGE CANALS.
In carrying on the drainage work the Drainage Board
has found that in order to pass a dredge through the rail-
road right-of-way, it was necessary for the Board to pay
all of the expense required in making the opening across
the railroad, and also in rebuilding trestles or building
new trestles when necessary.
As the drainage canals are part of the work of a great
public system for the- reclamation of swamp and over-
flowed lands, and are beneficial to every business interest
in the territory where they are excavated including the
railroads. it is my opinion that a law should be enacted
requiring railroads to provide openings for drainage can-
nals, without cost to the State
I further recommend that a laW, be passed requiring
railroads to provide sufficient draw bridges, when neces-
sary, to permit of navigation upon any drainage canal of
sufficient capacity to be used for navigation.
REQUIRE R. . COMMISSION TO FIX.CANAL
TOLL RATES.
At 'present the law requires that the Trustees of the
Internal Improvement Fund shall approve the toll rates
to be charged by canal companies. At the time of the en-
actment of this law, Florida had no R. R. Commission.
53
Now, since we have the Commission, it would be mnuch
more proper to have canal toll rates made and regulated
by the Commission, and I recommend that a law be passed
so authorizing.
PROHIBIT WATERED STOCK.
The over-captalization of public service corporations is
one of the greatest menaces of the present age. The past
cannot be corrected, but for the future I would suggest a
law that would require that the issuance of all railroad,
street railway and express company stocks and bonds be
subject to the scrutiny and approval of the Railroad Colm-
mission.
EMPLOYERS' LIABILITY LAW.
The present system governing the recovery of damages
for personal injury sustained by employees of railroads
and other public service corporations imposes very often
a great hardship upon the family of the injured person or
upon the injured person himself; and, furthermore, very
frequently under our present law those who are injured
while working in such hazardous occupations do not re-
cover anything whatever on account of the injury. Many
of the States have ,enacted employers' liability laws
providing that employees so engaged may recover an ap-
propriate amount for an injury, without the necessity of
prolonged extensive litigation. I believe that those en-
gaged in these hazardous employment are entitled to
proper damages for injury sustained; that the family of
an employee who loses his life in such employment should,
under the law, be given a reasonable sum on account of
the death of the one upon whom they were dependent.
That we may have a better law governing such class of
personal injury cases, and that ample protection may be
provided for those who are engaged in such hazardous em-
ployment, I recommend the enactment of a strong em-
ployers' liability act.
RAILROAD EMPLOYERS' LIABILITY.
The best modern thought recognizes the dignity of labor,
which may well be called the cornerstone of industrial
life. We know that those engaged in hazardous occupa-
tions are deserving of suitable compensation for loss of
life or serious injury or accident; however, under our pres-
ent law, damages cannot be recovered for the loss of life
or for serious injury or accident to a public service cor-
poration employee, should the employee have been guilty
of any negligence whatever.
This is true, although there may have been much
greater negligence on the part of the company. The sys-
tem requires the employee to carry all of the blame for
the negligence and the company none.
That this injustice to the employee may be remedied,
I suggest that the passage of what is commonly known as
the law of comparative negligence.
REQUIRE SAFETY R. R. SWITCHES.
The railroad employees and the travelling public are
entitled to have every precaution made for their safety
when travelling on the railroads. Every reasonable provi-
sion should be made to safeguard against wrecks. As a
measure of affording greater safety, I think it proper to
have our railroads to equip with safety switches, that ac-
cidents due to the present character of switches may be
minimized, and I recommend legislation that will bring
about such desirable improvement.
DISQUALIFICATION OF CERTAIN OFFICERS.
I deem advisable a law providing that county and State
officers shall not at the same time they are holding such
public offices be permitted to serve as a salaried attorney
or counsel for railroad corporations; such law being con-
sidered advisable on account of the frequent conflict of
interest between such corporations and the public inter-
ests.
AUTHORIZE SPECIAL AGENT OF GOVERNOR TO
ARREST.
While the Governor is expected to look after delinquent
officers and to see that the laws are enforced, he has very
limited means provided him for carrying out these duties.
The funds for investigating complaints and alleged law
violations are very limited, and the person he employs has
absolutely no authority to take any action if he appre-
hends law violations. The person who is undertaking an
investigation for the Governor should have authority to
make arrests if necessary in the course of his work and to
exercise in a criminal case arising in course of his work
the same authority as a Sheriff. I suggest a law so pro-
vidinR.
IN(CEASE k PENALTY FOR DRUNKENNESS.
Section 21.] of the General Statutes provides a fine not
exceeding five dollars for drunkenness. I believe the
penalty should be increased so as to provide a fine not
exceeding fifty dollars or imprisonment t not exceeding
sixty days. This would give better protection to people
living outside of incorporated towns and cities, and also
people traveling on trains. The present small penalty has
not sufficient deterring effect on those disposed to become
intoxicated.
GIVING LIQUOR ON SALE OF OTHER ARTICLES.
Section 3551 of the General Statutes provides that
"Whoever gives, or by pretended sale of nny other article
furnishes any liquor, wine or beer to a customer, or per-
?
57
mits the same to be done with-a view to entice custom or
evade the law, shall be deemed a seller without a license
and liable to the penalty for selling liquor without
license." This provision does not apply to dry counties.
I would, therefore, suggest a similar law so drafted as to
be enforced in counties that have adopted local option.
ASSAULT UPON WOMEN.
A law should be passed more severely punishing inde-
cent assaults upon women, such assaults as do not quite
come up to the definition of assault with intent to commit
rape. At present the only punishment is as for ordinary
assault. This subject is discussed by the Supreme Court
in the case of Rushton vs. State, 58 Florida Reports, at
page 94.
CRIMINAL ASSAULT, ATTEMPT, PENALTY.
A brutal attempt to rape is deserving of just as severe
punishment as rape. In such cases it is not the fault of
the brute that he fails in his purpose, yet our law provides
only a sentence of not exceeding twenty years for an at-
tempt. I think the law should provide that such offenses
shall be punished by death or life imprisonment, and it
is recommended that the law be made to so provide.
PROHIBIT SALE OF PUBLIC PROPERTY TO IMEM-
BER OF BOARD.
A measure should be passed providing that nd State,
County or City Board should sell to one of its members
any of the public property which may be disposed of by
such Board.
PROHIBIT DISCOUNT OF PAY CHECKS.
When a pay check or a merchandise check is given to a
person for labor rendered, the laborer should be able to
get dollar for dollar for such checks. The person who
issues the checks should not be allowed to discount the
same, whether presented by the person to whom given or
by someone else. A law so providing should be enacted.
CHECK LAND FRAUDS.
Every county in Florida has a large quantity of rich,
fertile land, and there is no reason why there should be
any land frauds in our State. To check the few who are
disposed to defraud and deceive land purchasers, I think
we should have a law providing that all literature rela-
tive to lands to be sold under the colonization or kindred
plans shall be first approved by the Department of Agri-
culture-the expense incident to this requirement to be
paid by the party offering the land, for sale.
REQUIRE SEPARATE SPACE FOR WHITES AND
NEGROES IN OPERA HOUSES.
In all public theaters and opera buildings patronized
by both races, separate and distinct space should be pro-
vided for whites and negroes. As a matter of policy the
segregation idea is followed rather generally in Florida,
but that there may be no exceptions I deem advisable a
law requiring such separation and recommend its enact-
ment.
CRIMINAL STATISTICS.
A law should be passed requiring the Clerks of the Cir-
cuit Courts, Criminal Courts of Record and County
Courts, to make bi-ennial reports to the Attorney General
59
of all criminal cases in such courts respectively, said re-
port to give all information necessary for the preparation
of a State Report on Crimiinal Statistics, for which ser-
vice the clerks should be allowed a reasonable fee.
CONFEDERATE SOLDIERS.
The heroism, the bravery, the love of country and devo-
tion to duty of our Confederate heroes is a heritage of
which our State and the South is justly proud. Every
homage and tribute should be paid these veterans by our
State and her people. Liberal pension provisions should
be continued.
CONFEDERATE SOLDIERS' HOME.
The need and usefulness of the Confederate Home lo-
cated near Jacksonville will increase with the advancing
years and increasing helplessness of those veterans of the
Southern Army who are at this home. These time-worn
and valiant heroes of the Southland are deserving of gen-
erous treatment and everything required for their com-
fort and happiness should be done.
AUTHORITY TO SELL LANDS HELD BY RIGHT
OF SOVEREIGNTY.
In Florida, as in practically all other States of the
Union, the State owns more or less land held by right of
sovereignty. In this State no authority is vested in any
of the State officials to sell such property. Phosphate de-
posits exist on some of the land so owned. At some fu-
ture date it may be desirable for the State to sell these
mineral deposits, and for this reason I recommend that a
measure be passed authorizing the Trustees of the Inter-
nal Improvement Fund to sell such lands upon which
(60
phosphate is discovered, when deemed advisable. It
should be provided, however, that in no such sale shall
the riparian rights authorized by the laws of Florida, be
jeopardized.
ENCOURAGE OWNING OF HOMES.
Our citizens of limited means, whether living in the
country or in towns, should be encouraged to acquire and
own their own homes. For the purpose of offering them
some encouragement, and for the upbuilding of our State,
I believe it would be wise to submit a constitutional
amendment providing for exempting from taxation of a
reasonable amount of the assessed value of the homestead
when actually used and occupied by the owner.
A SETTLER'S ACT.
While the State owns only about one hundred thou-
sand acres of land, other than school lands, and those
located within the Everglades, I think it would be a wise
policy to enact a settler's act applying to this land-one
hundred thousand acres-under which a bona fide settler,
who had continuously lived for a required period upon a
tract, and made certain substantial improvements thereon,
could purchase a tract of not exceeding forty acres, at a
price which would be reasonable for an actual settler.
IMMIGRATION BUREAU.
Suitable provision should be made for the Department
of Agriculture to provide literature relative to the climate,
the soil, and the varied industries and resources of Flor-
ida. Many inquiries are now being made relative to our
State, and as we are interested in bringing desirable im-
migration this way, we should have sufficient literature
and information to acquaint those making inquiries, with
Florida's many advantages.
61
WHARF AND DOCK PRIVILEGES.
The tendency on the part of public service corporations
has more or less been towards monopolizing the wharf
and dock privileges in our towns and cities. The result
often is that competitive railway or waterway transporta-
tion lines are excluded, and the patrons of such common
carriers are therefore deprived of the advantages in pas-
senger and freight rates which are usually produced by
competition. I believe it essential that a law be enacted
authorizing towns and cities to acquire suitable facilities
for wharves and docks, and recommend the passage of a
law so providing.
ADVERTISE GRANTING OF FRANCHISE.
City franchises are often very valuable, and for the pro-
tection of the interests of the towns and ctiies, I would
suggest the passage of a law requiring that when an ap-
plication for a franchise is presented to a City or Town
Council, the said council, if it is desired to consider the
application, shall give public notice through the press of
the application, for at least three weeks before acting upon
it, in order that others may also make application, and
that the citizens may be advised. The law should further
provide for a referendum vote upon all grants of franchise
when requested by a substantial number of the voters of
the town or city.
SET ASIDE ROYAL PALM STATE PARK.
At the suggestion of the State Federation of Women's
Clubs, I recommend that you take proper action to set
aside and designate as "Royal Palm State Park" a cer-
tain tract of State land located in Dade County known as
the "Royal Palm Hammock," and containing about one
section of land. The said park to be placed, under the
62
supervision and care of the State Federation of Women's
Clubs. Upon this tract is found a large number of tle
royal palms, and it is believed a beautiful and attractive
State Park can be developed.
STATE CENSUS.
Your attention is invited to the provisions of Section 5
of Article VII of the Constitution, which provides that
the Legislature shall provide for a State Census. every ten
years. It is now ten years since the last census was taken.
CONGRESSIONAL DISTRICTS.
Section 3 of Chapter 6472, Acts of 1913, dividing the
State into four Congressional Districts, contains an ob-
vious clerical error which should be corrected. The word
"iThird," in the said section, should be "Second."
STATE TAX COMMISSION.
The State Tax Commission, authorized by the last Legis-
lature. has now been in existence a little less than two
years. The tax problem has been a perplexing one all
down through the ages, and it remains so. The task of
the Commission to bring about uniformity of tax assess-
ments, and to have all property assessed as required by
law, has been a difficult one. The membership of this Com-
mission have been faithful, diligent and aggressive in
their efforts to perform the duties required of them by the
law under which they have been operating, and have made
excellent progress with their work. A review by you of
the able and comprehensive report made by the Commis-
sion will fully advise you in detail as to what the Commis-
sion has accomplished and as to such additional laws it
deems necessary.
63
STATE SHELL FISH COMMISSIONER.
The State Shell Fish Commissioner has worked faith-
fully and diligently to carry out the provisions of the law
creating that Department. He has revived interest in the
oyster industry, and the prospects for this industry to be
greatly enlarged in the future are quite promising.
Although the expenses of this Department have neces-
sarily been more for the past two years, due to the neces-
sity of purchasing boats and other equipment, than they
will be when the work is thoroughly organized, the rev-
enues derived have more than paid the operating expenses,
and have lacked but little of providing the funds required
for the purchase of equipment. It will be only a few years
until this Department will produce a substantial net rev-
enue. A law regulating the salt fish industry and placing
it under the direction of the Shell Fish Commissioner
should be enacted.
STATE GAME DEPARTMENT.
The last Legislature created a State Game Department
and provided for a Comnmissioner lo administer the laws
pertaining to game and fish. In accordance with the pro-
visions of this measure I appointed Hon. E. Z. Jones, of
Jacksonville, as State Game Commissioner. The law has
now been in operation for two hunting seasons, and in a
general way I am impressed that the policy embraced
within this law has proven a success. The game has been
better protected than formerly, and under the provisions
of the law considerable revenue over and above the ex.
penses of the Department has been realized. The net rev-
enue over and above expenses for tlie year 191.-1914 hunt-
ing season was 27,16.04. For the 1914-1915 season was
$190,00.4f. The Commissioner has rendered splendid
service. He has made onite a full l nd comprehensive
report. which is worthy of your attention.
64
STATE HOTEL COM M I I OWNER.
Soon after the adjournment of the last Legislature I
appointed a Hotel Commissioner, as required by the law
creating such office. Acting under the provisions of the
law, the Commissioner has endeavored to keep well up
with the inspection of hotels and to require the erection
of fire escapes on all of the hotels throughout the State.
This being a new measure, and making requirements not
heretofore required of hotels, the work of the Commis-
sioner has necessarily been more or less difficult and more
expensive than it should be after once thoroughly in op-
eration. The work of the Commissioner is proving suc-
cessful. The fees collected under the law authorizing this
department, have contributed largely towards Ief r; ying
the expenses of the Department.
STATE LABOR INSPECTOR.
Pursuant to the provisions of Chapter 6488, of the Acts
of the last Legislature, I appointed a State Labor Inspec-
tor, who, on January 1, 1914, entered upon the duties of
his office, as prescribed by the law authorizing such officer.
In the matter of enforcement of the Child Labor law, and
performing other duties required of him, the Inspector has
been faithful and active. His services have been quite
beneficial towards preventing abuses of the Child Labor
Law, in bringing about better sanitary conditions in fac-
tories and work shops, and in having safety appliances in-
stalled, as well as along other lines.
Having recommended the creation of this office, I have
been very much gratified to see the progress being made
and the good being accomplished under its provisions.
The law fixes the annual salary of the Inspector at
$1,200.00, which is too little, considering the responsibili-
ties upon and the duties required of the Inspector. His
salary should be raised to $1,500.00 per annum.
The law under which the Inspector is operating failed
to provide an appropriation for the incidental expenses
and the printing required. I recommend an annual appro-
priation of three hundred dollars to cover these items of
expense.
The Inspector has made a very thorough and interest-
ing report covering his work during the period from Jan-
uary 1 to December 31, 1914. In this report he recom-
mends certain needed laws. His report and his recom-
mendations are deserving of your careful and favorable
consideration.
STATE COLLEGES ANI) SCHOOL FOR DEAF
AND BLIND.
Under the efficient supervision of the State Board of
Control the improvements at The State University at
Gainesville, The State College for Women at Tallahassee,
and the School for the Deaf and Blind at St. Augustine,
have been quite satisfactory. New buildings have been
added and everything done to make these institutions
creditable. They are worthy of as liberal consideration
at your hands as the State finances, and a due regard for
the burdens of the taxpayers, will permit.
INDUSTRIAL SCHOOL FOR GIRLS.
At the last session of the Legislature the law govern-
ing the former State Reform School at Marianna, was so
changed that this Institution was made exclusively for
the boys. The necessity therefore for establishment of a
girls school is apparent. While only a comparatively
small number would be sent to such institution, we
should make ample provision for the few who sh6uid
have the care of such school.
5-H.
"66
STATE INDUSTRIAL SCHOOL FOR BOYS.
The State Industrial School for Boys, at Marianna, is
an institution deserving of being liberally provided for
at your hands. The proper maintenance, supervision and
conduct of such institution should appeal strongly to all
persons interested in the welfare of erring youth. No
more sacred duty rests upon us than that of doing every-
thing possible for the inmates of this institution. Here-
tofore the appropriation for maintenance has been too
small and the buildings and equipment provided have not
been what was required in order to maintain the institu-
tion at the high standard desired. During the past two
years, however, a determined effort has been made to
better the general conditions at the institution and im-
provement in a general way is noticeable.
In November of last year the main building at this In-
stitution was destroyed by fire. This indeed was a most
deplorable accident because of the fact that six of the
inmates and two of the employees lost their lives in the
fire. Immediately upon receiving the news of this sad
and most regrettable misfortune, I set about to ascertain
all the facts as to the origin of the fire, its cause and to
ascertain as to whether or not there was any dereliction
of duty causing the fire, and if diligent and prudent
efforts had been made to try to prevent loss of life in the
event of a fire at this institution. The Board of Com-
missioners of State Institutions, composed of all the
Cabinet officers, which has a general supervision over this
institution joined me in the investigation.
We will be pleased to furnish to your Honorable Body
any and all information we have upon the subject.
I would recommend that ample appropriation be made
for this Institution and for such new buildings as are re-
quired.
New buildings on the cottage plan should be provided .
67
A new school room should be erected. Buildings are
necessary for instruction in practical training.
For the safety of the inmates an electric light plant is
absolutely essential.
The law should also be changed so as to require tlhat
all accounts of the Institution shall be audited by the
Comptroller before payment, the same as required of all
other State Institutions.
FLORIDA HOSPITAL FOR THE INSANE.
Since the Legislature was last in session every effort
has been made by the Board of Commissioners of State
Institutions to build up and improve the Florida Hospital
for the Insane. The local management of the institution
has been active and alive for the improvement of the fa-
cilities and in raising the standard of the institution.
The New Receiving Hospital has been completed and is
now in use. A Tuberculosis Hospital is in course of con-
struction. What is known as the new negro building has
been completed and is in use. New cottages have been
erected; one old building remodelled. The lands ad-
jacent to the buildings have been cleared and now consti-
tute an attractive natural park surrounding the Institu-
tion. The work of enlarging and installing a water and
sewerage plant capable of taking care of the institution
is now in progress.
The unfortunate inmates of this institution are worthy
of most liberal consideration at your hands, and I recom-
mend that sufficient funds be appropriated for their com-
fortable maintenance and such permanent improvements
as are necessary.
For full information regarding the condition and needs
of the Hospital, reference is made to the full and interest-
ing report of the Superintendlent
68
REPORT OF STATE OFFICERS.
There will be placed before you the official reports of
all the departments of the State government. These re-
ports have been carefully and intelligently prepared, and
contain a great fund of useful information relating to the
State's business. They are deserving of the careful at-
tention of all the members of the Legislature.
RIGHT TO INITIATE, VOTE ON LEGISLATION
AND RECALL OFFICERS.
It is my opinion that a constitutional amendment
granting to the people the right by petition to initiate
legislation and the right by petition to vote upon laws
enacted by the Legislature, when a desire to do so is ex-
pressed by a substantial percentage of the qualified
voters, should be submitted for the consideration of the
electorate. Another and separate constitutional amend-
ment giving the electors the right, upon demand of a sub-
stantial percentage of the qualified voters, to vote upon
the recall of public officers, whom it is believed are not
doing their duty, should be submitted. Such measures
should be so framed as to not allow an abuse of the privi-
leges authorized.
LEGISLATIVE COMMITTEE SHOULD INSPECT
STATE INSTITUTIONS PRIOR TO SESSION
OF LEGISLATURE.
Heretofore it has been the policy of the Legislature to
designate committees composed of a considerable number
of the House and the Senate to visit the Institutions for
Higher Education, The Hospital for the Insane, The Deaf
and Dumb Institute, The Convict Camps, the State Re-
form School and the Drainage Operations, during the
69
session of the Legislature, and report thereon while the
body is in session. This plan for having these institu-
tions inspected by committees from the Legislature takes
a considerable number of the members away from the
daily sessions, and also on account of the desire of the
committee to return to the regular legislative work, gives
but limited time for making the inspections.
It is my opinion that some plan should be devised
whereby these committees could be designated prior to
the convening of the Legislature, so that they may make
their visits and inspections prior to the session, and be
ready to make a report when the Legislature meets.
MUZZLE THE LOBBYIST.
A law should be enacted requiring that any and every
person representing or desiring to represent before any
committee of the Legislature any interest, should be re-
quired to register, in a book to be kept by the Secretary
of the Senate and Chief Clerk of the House of Represen-
tatives, his name, giving the nature of his employment
and the name of his employer, and the measure upon
which he appears. The next succeeding day the name of
the person so registering should be published in the
Journal with the name of his employer and character of
his employment. Only such persons who have so regis-
tered should be allowed to appear before the Legislature
or a committee thereof for or against a proposition.
A similar recommendation was made to the Legislature
of 1913, and the House of Representatives by resolution
followed such pract iv.
CIRCULATE STATE REPORTS PRIOR TO CONVEN-
ING OF THE LEGISLATURE.
Under the present system, the biennial reports of the
State Officers are not required to be distributed among
70
the Legislators until-after the Legislature is in session.
Not reaching them until this time they have but little
opportunity to study the reports and consider the sug-
gestions made by the heads of the various departments.
These reports contain valuable information and should be
in the hands of every legislator at a time when he can
give them careful study. A law should be enacted requir-
ing that said binennial reports be furnished to each mem-
ber of the Legislature at least thirty days prior to the
regular session of the Legislature.
CON I C S 10 N.
The recommendations made by me in this Message, I
earnestly believe are for and on behalf of policies, the
adoption of which is for the best interest of the people
of Florida. It is within my province to suggest needed
measures. It is yours to give to the public needed and
desirable laws.
We are all servants of our great commonwealth. In
our every act we should have as our supreme aim and
purpose the rendering of a service which shall bring even
a greater degree of prosperity and happiness to the citi-
zens of Florida.
In your endeavors I assure you that you will have my
-hearty co-operation and sincere good will.
Respectfully submitted,
PARK TRIAMMIELL,
( 'owvernr.
71
STATE OF FLORIDA,
OFFICE OF THE ATTORNEY GENERAL.
Talahassee, April 1, 1915.
Honorable Park Trammell, Governor,
Tallahassee, Florida.
Sir:-It is provided by Section 91 of the General Stat-
utes that it shall be the duty of the Attorney General to
make a written report to the Governor, five days before
the first day of every session of the Legislature, as to the
effect and operation of the Acts of the last previous ses-
sion, and the decisions of the courts thereon, and refer-
ring to the previous legislation on the subject, with such
suggestions as in his opinion the public interest may
demand.
In obedience to this command I submit the following
report:
Gross Receipts Tax on Sleeping and Parlor Car COl-
panics.
I. Prior to the last session of the Legislature there
was imposed upon sleeping or parlor cav1 companies, by
Section 46 of Chapter 5596, Laws of Florida, an advalo-
rem or property tax, and by Section 4- of the same stat-
ute a gross receipts tax. A license tax was also imposed
upon such companies by Section 8 of Chapter 5597, Laws
of Florida (see p. 53, Acts of 1907).
For some time the Pullman Company, a corporation
under the laws of the State of Illinois, has contended that
the gross receipts tax above mentioned was illegal and
unenforceable, because unconstitutional. This contention
was founded upon the claim that, if this tax was a piop-
erty tax, its payment and the payment of the other prop-
erty tax mentioned could not be imposed, because to do
so would amount to and result in double taxation upon
the property of this company, in contravention of the pro-
visions of the Fourteenth Amendment to the Federal Con-
stitution. And it was claimed that this tax must be a
property tax, and not a license tax, because it was not in
the Chapter in which most of the statutes imposing taxes
on occupations was found.
At the last session of the Legislature the statue ex-
pressly imposing a license tax upon this occupation was
72
changed from a car license tax to a fixed and definite total
sum, and the statute on this subject is now Section 44
of Chapter 6421; and at the same time the gross receipts
tax was made a part of the statute imposing license taxes
on occupations, and is now Section 45 of Chapter 6421.
Since that time the Supreme Court of the United States,
in the case of The Pullman Company v. Knott, Comp-
troller, 235 U. S. 23, has held this gross receipts tax to
")e valid. All the statutes mentioned, as they now exist,
were before the court at the time this decision was ren-
dered.
The payment of this gross receipts tax has been de-
layed by the suits brought to test the validity of the
statute. The statute does not require the payment of in
terest when the amount of this tax is not paid when due;
and, since it was generally held that delinquent taxes do
not bear interest, unless it is expressly so provided by
statute, no interest can be collected on the several amounts
due by this company on this account.
I recommend, therefore, that the statute imposing this
gross receipts tax be amended so as to require the pay-
ment of interest on the sum payable annually to the State
by this company, on account of this tax, if it is not paid
each year when it becomes due.
Gross Receipts Tax on Insurance Coimpanic.s.
II. Prior to the last session of the Legislature there
was imposed upon Insurance Companies doing business
in Florida a tax of "two per cent of the gross amount
of receipts of premiums" collected from policy holders in
this State. No summary process for the collection of this
tax was provided, and the method of enforcing its pay-
ment is by an ordinary civil action. Some Insurance
Companies have contended that this gross receipts tax is
illegal and unenforceable, because unconstitutional. The
statute has, however, been held valid in the recent case
of Peninsular Casualty Company vs. State, 68 Fla. 411.
The Supreme Coure of the State had previously passed
upon this question, but the Insurance Companies still
contended that the statute was obnoxious to the provis-
ions of the Fourteenth Amendment to the Federal Con-
stitution, and intended, to take the case to the Supreme
73
Court of the United States. Inasmuch, however, as the.
same question was involved in The Pullman Company
case, the appeal in this case was abandoned when that
case was decided in favor of the State.
We may well conclude now, I think, that the principle
is settled, that the State may impose and collect a tax of
this kind upon corporations of this character.
In order to require the payment of this tax without de-
lay, and at the request of the State Treasurer, I prepared
the following amendment to the statute, which was
adopted by the Legislature at the 1913 session, as a por-
tion of Section 29 of Chapter 6421, Laws of Florida:
"Should any insurance company, association, firm
or individual fail to pay to the State Treasurer the
percentage, as above required, of the gross amount of
receipts from policy holders in this State, by the
first day of March in each and every year, the cer-
tificate of authority issued to said insurance com-
pany, association, firm or individual, as the case may
be, to transact business in this State, shall be can-
celled and revoked by the State Treasurer, and it
shall be unlawful for any such insurance company,
association, firm or individual to transact any busi-
ness thereafter in this State unless such insurance
company, association, firm or individual shall be
granted a new certificate of authority to transact
business in this State, in compliance with provisions
of law authorizing such certificate of authority to be
issued."
Since the adoption of this amendment, and the decis-
ion of the court mentioned, all Insurance Companies do-
ing business in this State have conceded the validity of
the statute and the amendment thereto, and have paid
"the tax becoming due since that time without delay.
Primary Election Law.
III. At the last session of thd Legislature an act pro-
viding for and regulating primary elections was passed,
making a great many changes in the law previously exist-
ing on this subject. This statute is Chapter 6569, Laws of
Florida.
74
Two cases to test the constitutional validity of this
statute were brought against the Secretary of State. These
cases were H. L. Anderson vs. H. Clay Crawford, Secre-
tary of State, and E. Loomis vs. H. Clay Crawford, Secre-
tary of State, both having been brought in the Second
Judicial Circuit of the State, but heard rby, Judge Sim-
mons, of the Fourth Judicial Circuit, because of the sick-
ness of the Judge of the Second Judicial Circuit at the
time.
"The court hearing these cases held the statute to be
valid and enforceable.
In the case of State ex rel. vs. Patterson, 67 Fla. 499,
the Supreme Court of the State, while the question of the
constitutional validity of the statute seems not to have
been urged, assumed this statute to be valid and enforce-
able.
Corrupt Practices Act.
As a companion measure to the Primary Election Law,
referred to, an act commonly called the "Corrupt Prac-
tices Act," was also passed at the last session of the Leg-
islature. This statute is Chapter 6470, Laws of Florida.
The question of the validity of this statute was not
raised in any case that reached this office, but it was
assumed by the Supreme Court to be valid, in the case of
State ex rel. Johnson v. Patterson, above mentioned.
Blue Sky Law.
IV. The last Legislature passed An Act commonly
called the "Blue Sky Law." This statute appears as Chap-
ter 6422, Laws of Florida.
The question of the constitutional validity of this stat-
ute was raised and tested in the case of Ex Parte Taylor,
68 Fla. 61, in which the Supreme Court held the statute
to be a valid exercise of the legislative power of the State.
Under the statutes of this State all charters for domes
tic corporations, and permits to foreign corporations to
do business in this State, are issued by the Secretary of
State. Since this is the case, and in order to avoid the
possibility of confusion it seems to me advisable and I,
therefore, recommend that the Secretary of State be sub-
stituted in this statute for the Attorney General, to act
with the Comptroller, in considering applications to do
business in the State under the provisions of this Chapter,
Coupon Tax Law.
V. At the last session of the Legislature a statute was
passed, providing:
"That each and every person, firm or corporation,
who shall offer with merchandise bargained or sold
in the course of trade any coupon, profit-sharing cer-
tificate, or other evidence of indebtedness or liability,
redeemable in premiums, shall pay annually a State
license tax of five hundred dollars ($500.00).and a
county license tax of two hundred and fifty dollars
($250.00) in each and every county in which said
business is conducted or carried on, and if more than
one place of such business shall be operated by any
person, firm or corporation, a separate State and
county license shall be taken out for each such place;
and no person, firm or corporation shall offer with
merchandise, bargained or sold as aforesaid, any cou-
pon, profit-sharing certificate or other evidence of in-
debtedness or liability, redeemably by any other per-
son, firm or corporation than the one offering the
same, without paying the above license for each other
person, firm or corporation who may redeem the same.
The license prescribed in this section shall be in ad-
dition to other licenses prescribed by this Act. Any
person violating any of the provisions of this section,
whether acting for himself or as the agent of another,
shall on conviction thereof be punished by fine not
exceeding one thousand ($1,000.00) dollars or by im-
prisonment in the county jail not exceeding six
months."
This statute appears as a portion of Section 35 of
Chapter 6421, Laws of Florida.
The constitutional validity of this statute was tested in
the case of Rast et al. vs. Van Deman and Lewis Com-
pany et al., heard by three Federal Judges, under the pro-
visions of Section 266 of the Judicial Code of the United
States.
These Judges held this statute to be in violation of the
Fourteenth Amendment to the Federal Constitution, in
that it denied to those engaged in the business upon which
the -tax is imposed the equal protection of the law and
deprived thtm of their property without due process of
law. The opinion in the case appears in 214 Fed. Rep. 827.
7()
Because of the importance of certain principles involved
in this case, I took an appeal from this decision, in be-
half of the officers who are made defendants in the case,
to the Supreme Court of the United States, and the case
is pending now in that court.
Road Law.
VI. The last session of the Legislature also passed an
act-providing for the method and manner of opening, es-
tablishing, building, constructing and maintaining public
roads and bridges in this State. This statute appears as
Chapter 6537, Liws of Florda.
The validity of this statute was tested in a case which
came to the Supreme Court of the State, and the statute
was upheld as valid and enforceable. See Butler vs. Perry,
67 Fla. 405. From this decision a writ of error was taken
to the Supreme Court of the United States, and the case
is now pending there.
Generally as to Suits.
It will be noted that while several statutes of great
public importance have been before the courts they have
in every case been upheld, the single exception being the
case involving the validity of the Coupon License Tax,
and the decision in this case is to be reviewed by the Su-
preme Court of the United States.
Pure Food and Drugs Law.
VII. Under the provisions' of Chapter 6122, as
amended by Chapter 6541, Acts of 1913, commonly called
the "Pure Food and Drugs Law," the Commissioner of
Agriculture and the Attorney General are required to
conduct hearings in certain cases of alleged violations of
this statute, and if it appears at such hearings that the
statute has been violated, the Commissioner of Agriculture
is required to certify the facts to the proper prosecuting
officer, so that those violating the statute may be pros
ecuted.
Since all cases of this kind that reach the SuprIieme
Court must be briefed in behalf of the 'State by the At-
torney General it seems to me advisable that some officer
other than the Attorney General sit with the Commis-
77
sioner of Agriculture in the hearing in which prosecutions
of this kind are initiated.
Board of Pensions.
V III. In the general pension act of 1913, Chapter
6424, it is provided that the Governor, Comptroller and
Attorney General shall constitute the State Board of
Pensions. Prior to the passage of this act the State
Treasurer was a member of this Board, holding the place
on the Board now held by the Attorney General. It had
previously been thought best to have the State Treasurer,
who must of necessity pay all warrants issued for pen-
sions. a member of this Board, and I suggest the advisa
ability of an amendment to this statute replacing the State
Treasurer on this Board.
Conclusion.
IX. Inasmuch as a large part of the work in the office
of Attorney General is of a character requiring per-
sonal attention, such as legally advising, both orally and
in writing, the heads of departments and other officers,
legally advising and preparing papers and documents for
the several State Boards, represeting the State in all its
litigation, and the like, I respectfully suggest that the
practice of making the Attorney General a member of all
the boards created is unwise, and that greater efficiency
in the State's Legal Department would be attained if the
Attorney General were permitted to give a greater por-
tion of his time to the very important public service for
which this Department was primarily designed.
Respectfully,
T. F. WEST,
Attorney General.
PARDONS, REPRIEVES, FINES REMITTED
AND SENTENCES COMMUTED SINCE THE
CONVENING OF THE LEGISLATURE
IN REGULAR SESSION, 1913.
Total Number of Hearings by Board ........ 625
Number Prisoners Submitting Applications.. 421
DISPOSITION:
Conditional Pardons Granted ............... 126
Restorations to Citizenship .................. 8
Sentences Commuted ..................... 32
Bond Forfeiture Remitted ..................
Paroles Granted ........................... 3
Death Sentences Commuted ................ 8
Transfer to Reform School.................. 1
Applications Denied ...................... 221
Applications Pending Under Investigation... 21
421 421
Conditional Pardons Revoked .............. 2
STATE OF FLORIDA.
EXECUTIVE CHAMBER.
Tallahassee, Florida, April 6th, 1915.
GENTLEMEN OF THE LEGISLATURE :
In pursuance of the requirement of Section 11, of
Article IV, of the State Constitution, I have the honor to
transmit herewith a report covering "every case of fine
or forfeiture remitted, or reprieve, pardon or commuta-
tion granted, stating the name of the convict, the crime
for which he was convicted, the sentence, its date, and the
date of its remission, commutation, pardon or reprieve,"
since the beginning of the regular session of the Legisla-
ture of 1913.
RESTORATIONS TO CITIZENSHIP
There have been 8 pardons granted for the purpose of
restoring to the beneficiaries the rights of citizenship of
which they were deprived by reason of convictions for
crime in the past. The pardons granted for this purpose
did not relieve the beneficiaries from the payment of any
fine nor from the service of any prison sentence; but may
be termed formal pardons, granted in each case to persons
who had long since satisfied the sentences imposed upon
them and who furnished satisfactory evidence to the Board
that they had, in the interim, lived law-abiding and useful
lives, and earned by such exemplary living the privilege
of restored citizenship, and of a full pardon for the pur-
pose of such restoration.
CONDITIONAL PARDONS.
In every conditional pardon granted by the Board, the
following provision is incorporated: "This pardon is
granted to and accepted by the said. .................
upon the express understanding and condition that if at
any time hereafter any person shall make complaint be-
fore the State Board of Pardons or the Governor of this
State that the said ......... ........ ...has violated
any of the above conditions, the said Board or the Gov-
ernor, shall have full power and authority, without notice
to the said.................... to investigate and inquire
into such alleged breach of conditions, and if satsified,
after such investigation that any of the conditions hereof
have been violated, may order the said .................
arrested by any Sheriff or Constable and immediately de-
livered to the.......................prison authorities,
and he shall thereafter suffer such part of said original
sentence of said court as has not already been suffered
by him at the date of this pardon."
SUMMARY.
Since the convening of the Legislature in regular ses-
sion in 1913, there have been presented to the Board of
Pardons applications for clemency on behalf of 421 sepa-
rate convicts. Owing to the fact that some applicants
have caused their petitions to be re-submitted one or more
81
times after same had been denied, the Board of Pardons
has during the two years heard and passed upon 623 pre-
sentations of applications for clemency.
Some measure of relief has been granted by the Board
in 179 of these applications. Eight death sentences were
commuted to life imprisonment, the grounds for such
commutations being hereinafter stated; restorations to
citizenship were granted to 8 persons, all of whom had
previously been discharged from prison or satisfied the
penalty imposed and were shown to have since been lead-
ing useful and law-abiding lives; in 32 cases the prison
sentences or fines were commuted; and in 3 cases paroles
were granted upon conditions which would protect the
interests of society. Conditional pardons were granted to
126 persons, the conditions of such pardons all being in
accordance with the form above set out. One bond forfei-
ture was remitted, as is hereinafter set out; 1 white boy
was ordered transferred from the State Prison to the
State Reform School; 2 conditional pardons formerly
granted were revoked upon the grounds stated in this
report. Of the remaining 242 applications, which were
presented during tle two years period, 221 were denied
and 21 are now pending for further investigation and con-
sideration by the Board of Pardons.
The statements which follow as to the cases in which
relief of some sort was granted are respectfully submitted.
PARK TRAMMELL,
Governor.
6--H.
82
CONDITIONAL PARDONS.
GARLAND STICKLEY.-Convicted of burglary and sen-
tenced to State Reform School until he reached the age of
21 by Criminal Court of Record Dade County, March
Term, 1913. A communication having been presented to
the Board signed by the Judge who sentenced applicant,
the County Solicitor who prosecuted him, the Clerk of the
Court and the Sheriff of Dade County, recommending
that if applicant's mother will come to Florida and take
actual possession of applicant and remove him from the
State and furnish the Board assurances that she will
keep him from the State, the said officers, upon such con-
ditions, recommended that applicant be granted a condi-
tional pardon; and it appearing that applicant is a young
white boy about 15 years old who ran away from his home
in Indiana in 1912, and that his mother is very anxious
to reclaim him and take him back to her home in Indiana.
Conditional pardon upon above terms granted April 28,
1913.
SAM YATEs.-Plead guilty to carrying concealed weap-
ons and sentenced to 6 months imprisonment and fine of
5500.00) and costs or three months additional inmprison-
ment by County Judge of Washington County, October
12, 1912. Upon the recommendation *f the County Judge
who sentenced applicant, of the Circuit Judge of the !)h
Judicial Circuit, who wrote the Board that he was present
at applicant's trial and sentence and considered said
sentence very unreasonable under the circumstances, that
he had known applicant 15 or 20 years as a law abiding
man and feels he has been sufficiently punished; and it
being shown that the Sheriff of Washington County had
requested applicant to assist him in capturing a felon,
and that applicant in good faith believed such request
carried authority to carry a pistol, and that he was carry-
ing the pistol while endeavoring to capture such felon,
and his prison conduct having been satisfactory: Condi-
tional pardon granted May 20, 1913.
J. C. DREw.-A communication signed by the Judge of
the Criminal Court of Record, the Chairman of the Board
of County Commissioners, and the County Physician of
Volusia County, reading as follows, was submitted to
83
the Board: "At a meeting of the Board of County Com-
missioners for Volusia County held this day, their atten-
tion was drawn to the case of J. C. Drew, a prisoner in
Volusia County jail. He was sentenced April 26, 1913,
to serve for a period of 12 months on the county roads.
He was taken to the camp and immediately developed
epileptic fits, and in one instance came close to dying
before a physician could be procured for him. These tits
were very frequent, and it was found impossible to retain
him in the convict camp. He is now in the jail of this
County still subject to them, and we are advised by the
County Physician that there is no hope for a cure. We
respectfully ask that you bring this before the Pardoning
Board of the State, and if possible have him pardoned so
that this County can be relieved of the expense of the
care of him:" Conditional pardon granted June 10, 1913.
DUNCAN BuscH.-Convicted of murder second degree
and sentenced to life imprisonment by Suwannee Circuit
Court, Spring Term, 1910. Upon the strong recommenda-
tion of the Circuit Judge who tried and sentenced appli-
cant, of the State Attorney who prosecuted him, of the
Sheriff of Suwannee County, and of the gentleman who
was Sheriff when the crime was committed, of applicant's
former employers who certified that he had always been
an excellent negro prior to getting into this difficulty
and upon the petition of a large number of the best citi-
zens of Suwannee County, and it being shown that appli-
cant's prison conduct has been unusually good; and the
Board having assurances that applicant will lead an in-
dustrious and respectable life if released; and it being
shown that there was much provocation for the crime
which he committed: Conditional pardon granted July
15, 1913, effective August 1, 1913.
GEORGE THOMPSON.-Convicted of murder second de-
gree and sentenced Io life imprisonment by St. Johns
Circuit Court, Fall Term, 1900. It appearing that the
homicide for which applicant was convicted occurred at
a negro festival at which there was considerable drink-
ing; that applicant had gotten his hand painfully caught
in a door arid fired a pistol to cause the door to be opened.
the bullet piercing the door and killing a man with whom
applicant had had no trouble; and it appearing, that ap-
plicant has performed specially meritorious prison con-
duct in that he has several times been instrumental ii
84
preventing the escapes of other prisoners; that he has
faithfully served thirteen years of imprisonment for the
above stated offense and sustained a line prison record,
and it appearing that applicant is a severe sufferer from
disease and is decrepit: Conditional pardon granted
July 15, 1913, effective August 1, 1913.
0. J. FOWLER.-Convicted of assault to commit rape
and sentenced to 31/2 years imprisonment by Court of
Record for Escambia County, January 28, 1911. It ap-
pearing from the record that immediately after appli-
cant's conviction he was found to be insane and commit-
ted to the State Hospital for the Insane where he re-
mained about 18 months; that he is a helpless, afflicted
white man over 60 years old who has a respectable wife
who will maintain him if released; that the Judge who
sentenced him, the County Solicitor who prosecuted him,
all of the 6 jurors who convicted him; the Prison Sur-
geon at Ocala, the Chief Physician for the Hospital for
the Insane and numerous citizens living in the neighbor-
hood where he was accused of committing the crime,
have recommended his pardon: Conditional pardon grant-
ed July 15, 1913, effective August 1, 1913.
A. M. SHAW.-Convicted of grand larceny and sen-
tenced to imprisonment in the County jail for one year
and to pay a fine of $250.00 and costs or serve an addi-
tional year in jail by Court of Record for Escambia
County, November Term, 1911. Upon the strong recom-
mendation of the Judge who tried and sentenced appli-
cant, of the County Solicitor and Sheriff of Escambia
County and the Chief Deputy Sheriff who handled the
case against him, all of whom advised the Board that
applicant has made an excellent prisoner and is worthy
of clemency, and it appearing that he was unable to pay
lthe fine imposed upon him, and has actually served 20
months imprisonment and the application being endorsed
by a strong citizens' petition stating that applicant bore
a good former reputation: Conditional pardon granted
July 15, 1913. effective August 1, 1913.
JOIHN Kn;rM.-Plead guilty to grand larceny and sen-
tenced to pay a fine of !50.00 and costs, or serve 6 months
in County jail, by Bradford Circuit Court, Spring Term,
1913. Upon the recommendation of the Circuit Judge
85
who tried and sentenced applicant, of the State Attorney,
and of the County Physician who certifies to the fact that
applicant is in very poor health and unable to do manual
labor, of the entire Board of County Commissioners, who
sent their attorney to Tallahassee to present the applica-
tion, of the County Judge, Clerk Circuit Court, Sheriff,
and a large number of citizens of Bradford County, who
have urged the Board to release applicant: Conditional
pardon granted July 15, 1913.
ELIAS GnIFFIN.-Convicted of murder in the first degree,
with recommendation to mercy, and sentenced to life im-
prisonment by Alachua Circuit Court upon change of
venue from Levy County, May 27, 1899. It being shown
that the applicant is an old white man who has been
seriously maimed during his service in prison; that he is
otherwise in bad physical health, as is attested by the cer-
tificates of reputable physicians; that 9 of the jurors who
convicted him have asked that he be pardoned; that he is
a prison hospital subject who for several years past has
observed excellent prison conduct, and the Superintend-
ent of the prison strongly endorsing his application for
pardon, and one of the Supervisors of Convicts, after
careful investigation, has also strongly recommended that
he be pardoned, and applicant having served over 14 years
of actual prison service, and appears to have repented of
the crime for which he was convicted, and is in wretched
physical condition: Conditional pardon granted July 15,
1913, effective August 1, 1913.
THio.A.S BEA'TTr.-Plead guilty to murder in second de-
gree and sentenced to life imprisonment by Hernando Cir-
cuit Court, Fall Term, 1899. It being shown to the Board
that this applicant has rendered especially meritorious
prison conduct in rescuing a wounded guard and prevent-
ing the escapes of otlier prisoners; that he has now served
nearly 14 years of achvml. imprisonment, and that his con-
duct has been good tl I ighout that period; that he bore
a good reputation prior to the commission of the crime
for which he was convicted; that the said crime grew out
of a negro card game and appeared to be without any pre-
meditation: Conditional pardon granted July 15, 1913,
effective August 1, 1913.
Z. P. FREEMAN,.-Convicted of embezzlement of munici-
pal funds and sentenced to five years' imprisonment by
86
Hillsborough Criminal Court of Record, April, 1909. The
Judge who sentenced this applicant, having recommended
that he be granted clemency, and his application being
endorsed by an especially large number of personal letters
from the most substantial and representative citizens of
Tampa and Hillsborough County; and it being shown that
applicant has now actually served about 4 years of a 5
years' sentence, and that his prison conduct has been
entirely satisfactory, and that with the gain time allowed
for good behavior he would be released from prison in a
short tinle, and it appearing to be the belief of most of the
people of Tampa that the demands of justice have been
satisfied by the punishment already inflicted upon this ap-
plicant, and the Board having assurances that if released,
applicant will lead a useful and respectable life: Condi-
tional pardon granted July 15, 1913, effective August i,
1913.
D)AVID PLAIR.-Convicted of murder first degree with
a recommendation to mercy and sentenced to life impris-
onment by Marion Circuit Court, Fall Term, 1900. Upon
recommendation of the State Attorney who prosecuted
applicant, and it being shown that applicant hlas now
served 13 years of actual imprisonment; that his prison
conduct has been marked by specially meritorious con-
duct, in that he has on several occasions been instru-
mental in preventing escapes of other prisoners; and the
State Prison Physician having advised the Board that
applicant has been in feeble physical condition for sev-
eral years; and the application being strongly endorsed
by a considerable number of reputable citizens of the
community where the crime occurred, and by the com-
mitting magistrate who first heard the evidence against
applicant, and the Board being assured that applicant
will be offered steady employment if released, anI his
prison conduct having been good throughout his long
confinement. Conditional pardon granted September
23, 1913, effective October 10, 1913.
JAMES Ross.-Convicted of throwing missiles into a
street car and sentenced to five years imprisonment by
Duval Criminal Court of Record, January Term, 1913.
There having been presented to this Board numerous
affidavits tending strongly to prove an alibi for.applicant
in this matter, and it being shown that the substance of
87
said affidavits constitute evidence which was not before
the trial jury; and the County Solicitor and assistant
County Solicitor, the Sheriff and a very large number of
citizens of Jacksonville having written the Board urging
that applicant be relieved of the sentence imposed upon
him; and it appearing that the offense charged was al-
leged to have been committed in the course of a serious
street car strike in Jacksonville when there was much
bitter feeling; and applicant having been personally
brought before the Board and shown to be a white boy
about 18 years old who did not present the appearance
of possessing any vicious traits: Conditional pardon
granted September 23, 1913.
JEFFERSON D. RICHARDS.-Plead guilty to larceny and
sentenced to one year imprisonment by Duval Criminal
Court of Record, January Term, 1913. The Board of
County Commissioners of Duval County having request-
ed that a pardon be granted to this applicant, and it ap-
pearing that he has now served nearly two thirds of the
sentence imposed upon him and has proved a most ex-
emplary prisoner; and the application being endorsed
by a large number of reputable citizens, who have long
known applicant; and it appearing that applicant had
no attorney to defend him at his trial, and there being
some showing before this Board that there was doubt of
his guilt of actual larceny: Conditional pardon granted
September 23, 19123.
RUFus HIGa.-Convicted of murder second degree and
sentenced to life imprisonment by Jefferson Circuit Court
Fall Term. 1910. Upon the recommendation of every
member of the trial jury, of the then Sheriff of Jefferson
County, of the attorney who was especially appointed to
prosecute applicant, of all the county officers and of a
very large majority of all the registered voters of Jeffer-
son County; and it being shown that applicant is an old
white man now feeble, whose previous life had been ex-
emplary; and it being alleged that the man whom he
killed was regarded as a bad character, and that there
seemed to be a considerable element of self defense con-
nected with the homicide: Conditional pardon granted
September 23, 1913.
ALLIE H. WHnITE.-Convicted upon two charges of lar-
ceny and sentenced in each case to 6 months imprison-
88
ment by Duval Criminal Court of Record, February
Term, 1913. It being shown to the Board that applicant
is a white youth whose early training had been amidst
the most respectable surroundings; that his mother, who
desires to secure his release and carry him back to her
home in Georgia, is an estimable lady who will in the
future exert every effort to guide applicant in the path
of rectitude; and it appearing that he got into trouble
by leaving his Georgia home, going to Jacksonville and
becoming impoverished; and the mayor of Jacksonville,
the assistant County Solicitor who prosecuted applicant
and a considerable number of excellent citizens both of
Jacksonville and of Georgia having urged that clemency
be extended -in this case, in order that applicant may
have another opportunity to retrieve his errors and re-
"deem his life; and applicant having already served more
than one half of the sentence imposed upon him: Condi-
tional pardon granted September 23, 1913.
GERVASIO PUvotN..-Convicted of receiving stolen prop-
erty and sentenced to one year imprisonment by Hills-
borough Criminal Court of Record, February Term, 1913.
Upon the recommendation of the Judge who sentenced ap-
plicant; of the County Commissioners of Hillsborough
County; of the Mayor of Tampa, of the County Physician,
who certified that applicant is in bad physical condition,
which is rapidly getting worse; and upon the recommenda-
tion of a large number of substantial citizens of Tampa;
and it appearing that applicant is a white man about 56
years old, who, before getting into this trouble, had borne
an excellent reputation and has friends who will assist
him in regaining his former good standing in Tampa, and
applicant having already served two-thirds of the sentence
imposed upon him: Conditional pardon granted Septem-
ber 23, 1913, effective October 10, 1913.
CALVIN RHODES.-Convicted of assault to murder and
sentenced to two years' imprisonment by Lake Circuit
Court, Fall Term 1912. Upon the recommendation of the
Circuit Judge who sentenced applicant, of the State Attor-
ney who prosecuted him, of the Clerk of the Court, of the
foreman and several other members of the Grand Jury
who indicted him, and upon a satisfactory showing that
applicant had for many years conducted himself as an in-
dustrious and law-abiding citizen of Leesburg, and that
89
the offense for which he was convicted resulted from ef-
forts made by him to rid that community of certain law-
less and immoral persons, and his prison conduct having
been entirely satisfactory: Conditional pardon granted
September 23, 1913, effective October 10, 1913.
ALEX ANDERSON.-Convicted of manslaughter and sen-
tenced to imprisonment for 9 years by Walton Circuit
Court, Fall Term 1907. Upon recommendation of the Cir-
cuit Judge who sentenced applicant, of the acting State
Attorney who prosecuted him, of the Sheriff who arrested
him, of many of the best citizens of the County in which
the crime was committed, and it being shown that such
crime was committed while applicant and his victim were
both very much intoxicated; that there had been no pre-
vious enmity between them; and it appearing to be the
sense of numerous responsible citizens and officials who
have recommended clemency in this case that applicant
has now under all the circumstances been sufficiently pun-
ished, and his behavior as a prisoner having been excellent
throughout the G years of his confinement: Conditional
pardon granted September 23. 1913, effective October
10, 1913.
MADISON FINLEY.-Convicted of assault to murder and
sentenced to 5 years' imprisonment by Hillsborough Crim-
inal Court of Record, October Term 1909. A co-defendant,
who was convicted with this applicant having been par-
doned nearly three years ago, and the County Solicitor
who prosecuted applicant having written the Board that,
"If it appears to the Board that Madison Finley has been
of good behavior since his sentence, I would respectfully
recommend that inasmuch as he has now served nearly
four-fifths of his term, that a pardon be granted him at
the present time ;" and it appearing that applicant's prison
conduct has been good, and that he enjoyed a good reputa-
tion before getting into this trouble: Conditional pardon
granted September 23, 1913, effective October 10, 1913.
GRANT CHURCH.-Convicted of carrying concealed weap-
ons and sentenced to pay fine of $100.00 and costs by Jus-
tice of the Peace for Second District of Lafayette County
September 22, 1913. The Sheriff of Lafayette County hav-
ing written the board that he had especially employed
and deputized applicant, a negro, to hunt down illegal
90
liquor dealers of his own color, that applicant had done
good work in this line; and that the Sheriff, thinking he
was acting within his rights, had furnished applicant a
pistol and authorized him to carry same; and the Sheriff
having written that he feels it is an imposition on appli-
cant, under the circumstances stated, to have been pros-
ecuted and sentenced, and further stating that the service
rendered by applicant has proved of great value in the ef-
fort to break up illegal liquor selling in LaFayette County;
and the Sheriff having appealed to the Board to grant a
pardon in this case: Conditional pardon granted Sep-
tember 23, 1913.
WVILL ROBERSON.-Convicted on same charge and under
same circumstances as Grant Church (see last paragraph),
and given conditional pardon September 23, 1913, upon
the same grounds.
J. B. BRowN.-Convicted of murder second degree and
sentenced to life imprisonment by Putnam Circuit Court,
Fall Term, 1901. The Circuit Judge who presided at ap-
plicant's trial, having written a number of letters to the
Board urging that applicant be granted a pardon, stating:
"This man should be pardoned. While I have forgotten
the details of the testimony, I am sure its doubtful char-
acter impressed me very much, and outside of his alleged
extra judicial confession there was nothing to connect him
with the crime;" and the said Circuit Judge having re-
peatedly written the Board numerous expressions equally
as strong indicating his feeling that applicant should be
pardoned; and the State Attorney who prosecuted appli-
cant, having written that le thinks "this man should be
pardoned;" and one of the Supervisors of State Convicts;
after careful investigation, having submitted a report
showing that applicant's prison conduct, has been uni-
formly good throughout his long imprisonment, and
strongly urging that he deserves consideration from the
Board; and the Board having had this case under con-
sideration a number of times and very carefully consid-
ered same: Conditional pardon granted September 23,
1913, effective October 10, 1913.
3I.v'rr. BrooKrs.-Convicted of manslaughter and sen-
tenced to imprisonment in the County Jail for one year
by Lake Circuit Court, Spring Term, 1913. It being shown
that since iplpliennt's conviction she has been ill and is
91
about to die from tuberculosis; and the State Attorney
who prosecuted her having written the Board that "Under
the circumstances I have no hesitation in recommending
her pardon;" and the Circuit Judge and eleven of the trial
jurors, who convicted her, having petitioned the Board
to grant a pardon to this applicant for the sake of hu-
manity: Conditional pardon granted September 23, 1913.
BUD J. JONEs.-Convicted of assault to murder and sen-
tenced to thirteen years' imprisonment by Escambia Crim-
inal Court of Record, May Term, 1906. The State Prison
Physician having informed the Board that this applicant
has consumption in an advanced stage, complicated with
other organic diseases, and that he is in a very pitiable
condition; and the sub-lessee of convicts, who has for
some time past had the custody of applicant, having come
personally before the Board and emphasized the repre-
sentations made by the Physician, and informed the Board
that applicant's conduct in prison has been good, and that
it would be a deserved act of mercy to release him by par-
don owing to his distressing physical condition; and the
applicant having now served the larger part of the sen-
tence imposed upon him: Conditional pardon granted
September 23, 1913, effective October 10, 1913.
AARON DENMARK.-Convicted of murder first degree and
sentenced to death by Duval Circuit Court, Spring Term
1900, sentence commuted in 1902 to life imprisonment.
The Circuit Judge who sentenced applicant, and the State
Attorney who prosecuted him, having written the Board
that from what they understand, "Denmark's conduct has
been such while in the penitentiary that we believe the
sense of justice would be conserved by his pardon;" and
it being shown to the Board that applicant is an old negro
who was born and reared in Jefferson County, that a large
number of the best people of that County had interested
themselves in securing a pardon for him because of the
good character which he bore while living there; and it
being further shown there was probably some justifica-
tion for the homicide which applicant committed, same
having resulted from a dispute applicant had with a negro
as to the conduct of a young female of applicant's family,
and the Board having received numerous petitions repre-
senting that applicant is deserving of clemency: Condi-
tional pardon granted September 23, 1913, effective Oct-
ober 10, 1913.
92
JONAS WILLIAMS.-Convicted of assault to murder and
sentenced to ten years' imprisonment by Brevard Circuit
Court, Spring Term 1906. Upon the recommendation of
the Circuit Judge and the State Attorney who tried appli-
cant, and the State Prison Physician having written the
Board that applicant is a hospital subject who suffers
severely from varicose veins of the legs, and elephantiasis,
and it being shown that he has been a good prisoner and
seems penitent: Conditional pardon granted Septeinber
23, 1913, effective October 10, 1913.
WILL R. TuTHOMlAS.-Convicted of manslaughter and sen-
tenced to 20 years' imprisonment by Suwannee Circuit
Court, Spring Term 1901. The State Attorney who pros-
ecuted applicant having written the Board that, "I think
now this applicant has served a sufficient time to warrant
the Board in giving him a discharge, and I hope the appli-
cant will be granted a pardon;" and it being shown that
applicant has sustained an excellent prison record during
the period of more than 12 years which he has been serv-
ing, and the State Prison Physician having certified that
he is in bad physical condition and unable to do much
manual labor; and it appearing that applicant was a mere
child at the time of committing the crime for which he was
convicted, and there having been presented to the Board
a strong petition asking that clemency be extended to
him: Conditional pardon granted September 23, 1913,
effective October 10, 1913.
JESSE HALL.-Convicted of murder second degree and
sentenced to life imprisonment by Santa Rosa Circuit
Court, Fall Term 1906. All of the County Commissioners
of Santa Rosa County having signed a petition to the
Board stating that, "We do not believe that he should
have been convicted of the crime for which lie was, and
think that he has been punished enough, and we, therefore,
ask that he be pardoned," and the then Sheriff, and many
citizens of Santa Rosa County, having petitioned the
Board to like effect; and the Board feeling, from the in-
formation presented to it, that this applicant has been
sufficiently punished for the crime for which he was con-
victed: Conditional pairdon granted September 23, 1913,
effective October 10, 1913.
JOHN SMIrTH.-Convicted of forgery and sentenced for
five years by Dade Criminal Court of Record, June Term
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