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 February 1873


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A Journal of the proceedings of the Assembly of the State of Florida, at its ... session
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 Material Information
Title: A Journal of the proceedings of the Assembly of the State of Florida, at its ... session
Alternate Title: Assembly journal
Caption title: Journal of the Assembly of the State of Florida, at the ... session of the Legislature
Physical Description: v. : ; 23 cm.
Language: English
Creator: Florida -- Legislature. -- House of Representatives
Publisher: State Printer
Place of Publication: Tallahassee
Creation Date: February 20, 1873
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Preceded by: Journal of the proceedings of the House of Representatives of the ... General Assembly of the State of the State of Florida, at its ... session
Succeeded by: Journal of the proceedings of the House of Representatives of the ... session of the Legislature of the State of Florida

Table of Contents
    Title Page
        Page 1
        Page 2
    February 1873
        Thursday, February 20
            Page 3
            Page 4
            Page 5
            Page 6
            Page 7
            Page 8
        Friday, February 21
            Page 9
            Page 10
            Page 11
            Page 12
Full Text













JOURNAL

OF TIHE

PROCEEDIN(iS OF THE ASSEMBLY

OF THE

STATE. OF ILORIDA,

AT AN EXTRA SESSION,

Begun and Held at the Capitol, in the City of Tallahassee,
on Thursday, 'February 20, 1873,















JOURNAL

Of the Assembly of the State of Florida, at an Extraordinary
Session of the Legislature, convened by the following Procla-
mation of his Excellency the Governor of the State, begun and
held at the Capitol, in the City of Tallahassee, in the State of
Florida, on Thursday, the 20th day of February, A. D. 1873.:

BY AUTHORITY vested in me by the Constitution of this State,
I do issue this my Proclamation, convening the Legislature in
Extraordinary Session, to meet at their respective Chambers in
the Capitol at Tallahassee, at 10 o'clock, A. AT., on the 20th day
of the present month, to take into consideration such matters as
may be laid before them by the Executive.
Done at the Capitol, in the city of Tallahassee, on this
nineteenth day of February, 1873.
[L. s.] IN TESTIMONY WHEREOF, I have set my hand and
caused the Great Seal of the State to be affixed.
O. B. HART, Governor.
By the Governor. Attest-
SAM'L B. McLIN,
Secretary of State.

The Assembly was called to order at 10 o'clock, A. M., by the
Chief Clerk.
Upon a call of the roll, the following members were present:
Mr. Speaker, Messrs. Atkins of Franklin, Browne, Bryant, Chadwick,
Coleman, Cruse, Elijah, Gass, Gleason, Green, Hagan, IIankius, Hannah,
Hope, Johnson, Kelly, Llambias, Lee of Hamilton, Long, Martin, McIl-
niss, McKinnon, Mitchell, Montgomery, Neal of Jackson, Neal of Liberty,
Osgood, Peeler, Petty, Scott, Small, Stewart, Thompson of Columbia,
Thompson of Jefferson, Vann, Wallace, Washington and Weeks-39.
A quorum present.
On motion, S. B. Conover, Speaker, took the chair.
A committee from the Senate appeared at the bar and in-
formed the Assembly that the Senate was organized under the
Proclamation of his Excellency the Governor convening the
Legislature in Extraordinary Session.
On motion of Mr. Mitchell, a committee consisting of Messrs-
Browne, Montgomery and Stew art was appointed to inform the
Senate that the Assembly was organized under the Proclama-
tion of his Excellency the Governor, and ready .to proceed to
business.








4



After a brief absence, the committee returned and reported
that they had performed their duty, and were discharged.
On motion, Messrs. Scott, McKinnon and Martin were ap-
pointed a committee to inform his Excellency the Governor that
the Assembly was organized under his proclamation, and was
ready to receive any communication that he may wish to make.
After a brief absence the committee reported that his Excel-
lency would soon communicate with the Assembly, and were
discharged.
Mr. Gleason offered the following resolution:
Resolved, That the attaches of this extra session of the As-
sembly shall consist of a Chief Clerk, one Assistant Clerk, one
Enrolling Clerk, a Sergeant-at-Arms, one Door-Keeper, one
Chaplain and two Pages.
Mr. Scott moved as a substitute that the organization of the
Assembly remain the same as in the regular session except Clerks
of Committees;
Upon which the yeas and nays were called for and were;
Yeas-Mr. Speaker, Messrs. Abbott, Browne, Bryant, Bush, Chadwick,
Coleman, Cruse, Elijah, Gass, Gleason, Green, Hagan, Iankins, Hope.
Kelly- Lee of Hamilton, Livingston, Long, Ma tin, Mclnniss, McMillan,
McKinnion. Mitchell, Montgomery, Neal ot Jackson, Neal of Liberty, Peel-
er, Petty, Scott, Small, Stewart, Thompson of Columbia, Thompson of
Jeflferson, Vann, Wallace, Washington and Weeks-38.
Nays-Messrs. Atkins of Franklin, Llambias and Osgood-3.
So the motion was agreed to.
The following message was received from the Senate:
SENATE CHAMBER, February 20, 1873.
lon. S. B. CoNoVEr, Speaker of the Assembly :
Sir: I am directed to inform you that the Senate has adopted-
Senate concurrent resolution notifying the Governor that the
extraordinary session of the Legislature is now organized and
ready to receive any communication that he may have to lay be-
fore them, and have appointed Messrs Meacham and McKinnon
:t committee on the part of the Senate.
Respectfully,
C. R. KING, Secretary.
Which was read.
The accompanying resolution was taken up and adopted, and
Messrs. Scott, McKinnon and Martin appointed as said commit-
tee on the part of the Assembly.
Mr. Martin offered the following resolution :
solvede, That the Sergeant-at-Arms be authorized to pur-
chase the necessary stationery for the use of this Assembly, and








5



that the amount issued to each member shall not exceed in value
two dollars.
Which was read.
Mr. Mitchell moved to indefinitely postpone tile resolution:;
Which was not agreed to.
Mr. Llambias moved to amend by inserting not to exceed
fifty cents;"
Which was agreed to.
The resolution as amended was then adopted.
On motion of Mr. Hardee, the Assembly took a recess unti
11 o'clock, n. m.


"ELEVEN O'CLOCK, A. M.
The Assembly resumed its session.
A quorum present.
The following communication was received from his Excellency,
the Governor:
EXECUTIVE OpFICE,
TALLAIIASSEE, FLA., Feb'y 20, 1873.
To THE LEGISLATURE :
Gentlemen of the Assembly:-Having by authority vested in
me as Chief Executive by the Constitution of this State con
vened your honorable body in extraordinary session, it remain-
for me to state to you, in accordance with the same Constitu-
tion, the particular business upon which you are convened.
And in stating it, I beg to assure you that nothing short of wht
I consider the paramount interest of the State at large, as wed. as
the constituencies which you respectively represent, could have
determined me to this step, knowing as I do your strong and
very reasonable desire to be about your own private affairs, and
your patriotic wish to save the State the expense of a single un-
necessary day's session.
The sole purpose for which you have been convened, then, i
the consideration of the financial measure herewith submitted to
you, which is the same as that which passed the Senate at the
late session by a handsome majority, and which was understood
to have a majority in its favor in the Assembly, but which failed
only through want of time to pass it tl;rough its readings before
the arrival of the previously fixed hour of adjournment.
It is well known that there is a large amount of bonds of thick
State now under hypothecation in New York for less than halE
their value, and that interest is accumulating upon them in Z
compound ratio, and that these bonds have in reality been long
since forfeited to the holder of them. If this measure is adopted
these bonds can be lifted from hypothecation, thus saving fhe








6



State a very large amount. But if they are allowed to remaii:
":s they are now, the forfeiture may be enforced before the next
regular session, and the State forced to redeem them dollar fo:
dollar, principal and compound interest, before she can recovery
i!er financial credit.
It is universally admitted that the present scrip system is only
sinking the State deeper and deeper in financial ruin every day,
and that unless it can be check-d, and not only checked but put an
end to, the financial doom of our State is sealed.
The main features of this measures are such as in my opinion
will recommend it to every sincere lover of his State, as soon as
he thoroughly understands them. The bonds provided for can-
not be hypothecated, and cannot be sold for less than 80 cts.
on .he dollar, net, which, if done, will raise all other State secur-
ities to the same standard.
One half of these bonds are to be used to absorb other bonds
of the State, so that no additional burdens will fall upon the
people, except 'to the extent of the ready money placed in the
treasury for current expenses until the cash taxes begin to come
in, and even this, though an apparent addition to taxation, is :"
real benefit, tor when the State can pay its bills in cash, those
bill. will be scarcely more than half as heavy as they are under
the scrip system, so that this policy will result in daily reduce
tion of current expenses, and will pave the way to permanent
reduction of taxation at your next reiiulr session
If my views are incorrect, your wisdom, to which 1I(1 o1ne .:W:
bolw with more sincere respect than I, will correct me.
Reconummendiig this important matter to your calm :and wis,
consideration,
I :am, \ery respectfully.
Your obedient servant.
0: B. IIAlT, Governt,r.
IHon. S. B. CoXoviE, Speaker of the Assembly.
Which was read.
On motion, the bill, to-wit:
A bill to be entitled an act relating to the indeltednes-; if th-.-
State,
Was read the first time.
On motion, the Assembly resolved itself into Committee of
the Whole for the further consideration of the bill--Mr. Scott
in the Chair.
After some time spent therein, the conunitiet rose, and tlhrolugi
their chairman reported the bill bhack with :IiunmInenents, and ri--
commended its passage.
On motion of Mr. Glcason, lthe, aineldcntls plropoll by ilth
committee were adopted.










On motion of Mr. Gleason, the rule was waived and' the bill
read the second time by its title.
Mr. Gleason moved that the rule be waived and the bill be en-
grossed for a third reading;
Upon which the yeas and nays were called for and were:
Yeas-Mr. Speaker, Messrs. Atkins of Franklin, Chadwick, Coleman, Cruse.
Elijah Gleason, Green, Hagau, HIankins, Hannah, Johnson, Kelly, Llam-
bias, Lee of Hamilton, Livingston, Long, Martin, McInniss, McMillan,
McKinnon, Mitchell, Montgomery, Neal of Jackson, Ncal of Liberty,
Osgood, Peeler, Petty, Proctor, Robinson, Scott, Small, Speer, Stewart,
Swearingen, Thompson of Columbia, Thompson of Jefferson, Vann,
Washington and Weeks-40.
Nays-Messrs. Abbott, Bryant, Bush, and Gass-4.
So the motion was agreed to.
The Committee on Engrossed Bills made the following report:
lIon. S. B. CoxovEn, Speaker of the Assembly:
SIR: The Committee on Engrossed Bills have examined and
find correctly engrossed the following bill:
Assembly bill No. 1, to be entitled an act relating to the in-
dehtedne.s of the State.
J. B. BROWNE, Ch'n.
JNO. L. McKINNON,
W. R. LONG,
GEO. WASHINGTON.
"Which was reandand the accompanying bill placed among
.the orders of the day.
On motion, the Assembly took a recess until o'clock,p. hi.



THREE O'CLOCK, P. M.
The Assembly resumed its session.
The roll bein r called the following members answered to their
flanles :
iMr. i5pea;ker, Messrs. Abbott, Browne, Chadwick, Coleman, Elijah, Ia-
an!. IHope, Kelly, Llambias, Long, McInniss, 3McMillan, Mitchell, Neal o'
Jaci;so. Neal of Liberty, Osgood, Petty, Speer and Thompson of Co-
lumnbia-'20.
Not a quorum present.
On motion, a call of the Assembly was ordered and the fol-
lowing members answered to their names:
Mr. Speaker, Messrs. Abbott, Browne, Chadwick, Coleman, Cruse, Elijah.
;, I. Gleiaon, Green, IIa;an, Hannah, Johnson, Kelly, Llambias, Living-







S



toln, Long, Martin, Mcliuiss, M3cMillan, McKiinon, Milchlcl, Montmti-
ery, Neal of Jackson, Neal of Liberty, Osgood. Pelty, Proctor, Scol, Si.w-
art. Thompson of Jefferson, Vann, Wallace and Washlinrton-:14.
A quorum present.
Oni motion of Mr. Wallace, fllrther prot.edlings under tl:h
:1ll were suspended.
On motion of M'r .itchell, Messrs. Speer and Ilopoe wre x-
eused from further attendance during this session.
Mr. Proctor ..-. "...I the following concurrent rsollttion :
Resolcedl b tJh A.lseiibly, the Eewat cwncr,-ibtm, Tlit til.h
Joint Committee elected at the late regular session of the Legi-
lature to examine and report upon the accounts of tlhe Comp-
troller and Treasurer, are hereby authorized and instructed to
repair at once to the office of the Treasurer and to dlestrov, by
turning by fire, all the cancelled scrip \xaminod mnid reported
upon by said committee.
Which was read andl adopted.
On motion of Mr. Chadwick, Assembly bill No. I, to bI. eln-
titled an act relating to the indebtedness ot the State,
Was read the third time under a suspension of tle rule, :id
put upon its passage.
The vote was :
Yeac--.3r. Speaker, MIcfsr-. Atkins of Franklin. Ciadwick, Colemii:in.
Cruse, Elijah, Gleason. Green, Hannah, Johnson, Kelly, Llunbias, Liv-
ingston, Long, Martin, 3McInniss, McMillan, McKinnon, Montgomery,
Osgood, Petty, Proctor, Robinson, Scott, Small, Stewait, Thompson or
Columbia, Thomison ot Jefferson, Wallace anll] Waslington-30.
Nays-M3essrs. Browne, Bryant, Gass, Hagan, Lee of IIamilton, Mitch-
ell, Neal of Jackson, Neal of Liberty, Peeler. Swearingen, Vaimn a;nd
Weeks-12.
S'o tile bill passed-title as stated.
Ordered that the same be certified to the Senate.
On motion of Mr. Mitchell, the Assembly adjourned until to-
morrow morning, 10 o'clock.










9



FRIDAY, February 21, 1873.
The Assembly met pursuant to adjournment.
The roll Leing called, the following members answered to their
names:
Mr. Speaker, Messrs. Abbott, Atkins of Franklin, Browne, Bush, Chad-
wick, Coleman, Cruse, Elijah, Green, Hagan, Hannah, Johnson, Kelly,
Llambias, Lee of Hamilton, Livingston, Long, McInniss, McMillan, Mc-
Kinnon, Mitchell, Neal of Jackson, Osgood, Peeler, Proctor, Robinson,
Scott, Small, Stewart, Thompson of Columbia, Thompson of Jefferson,
Vann, Wallace, Washington and Weeks-36.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Long, the reading of yesterday's journal
was dispensed with, the journal correctedand approved.
SThe following communication was received from the Gov-
ernor : /
EXECUTIVE OrFicE,
TALLAHASSEE, FLA., Feb'y 20, 1873.
To THE LEGISLATURE :
Gentlemen of the Assembly :-In addition to the subject laid
before your honorable body in my message of this date, I desire
to call your attention to the matter of the appropriation of funds
rendered necessary by the present extraordinary session, and
such further appropriations as you may consider conducive to
the welfare of the State.
Very Respectfully,
O. B. HART, Governor.
Hon. S. B. CONOVER, Speaker of the -Assembly.
Which was read.
Mr. Bush offered the following joint resolution:
Resolved by the Assembly, the Senate concurring, That this
Extraordinary Session of the Legislature of Foorida do adjourn
sine die at twelve o'clock, meridian, this Friday, the 21st'day of
February, instant.
Which was read and adopted.
'Mr. Wallace moved to reconsider the vote just taken.
Mr. Scott moved to lay the motion on the table;
Which was agreed to.
Ordered that the adoption of the joint resolution be certified
to the Senate.
Mr. Scott offered the following joint resolution:
Resolced by the Assembly, the Senate concurring, That a com-
mittee of three on the part of the Assembly, and two on the part
20










.10

of the Senate, be appointed by the Chair to wait upon his Ex-
cellency, Governor O. B. Hart, to ascertain whether or not he
has any further communication to make to this body at this
session.
Which was read and adopted.
The following message was received from the Senate:
SENATE CIIAMBER, Feb'y 20, 1873.
Hon. S. B. CONOVER, Speaker of the Assembly:
SIR: I am directed to inform you that the Senate has passed-
Assembly bill No. -, to be entitled an act relating to the
indebtedness of the State.
Respectfully,
C. R. KING, Secretary.
Which was read and the accompanying bill ordered to be en-
rolled.
Also the following:
SENATE CHAMBER, Feb'y 20, 1873.
Hon. S. B. CONOVEI, Speaker of the Assembly:
SIR: I am directed to inform you that the Senate has adopted-
Assembly concurrent resolution in regard to the destruction
of certain scrip now in the Treasurer's office, with amendments.
Respectfully,
C. R. KING, Secretary.
Which was read.
The Assembly concurred in Senate amendments, and the reso-
lution as amended was ordered to be enrolled.
On motion of AMr. Cruse, the Assembly took a recess until
half-past eleven o'clock, a. m.

HALF-PAST ELEVEN O'CLOCK, A. M.
The Assembly resumed its session.
A quorum present.
The Committee on Enrolled Bills made the following report:
Hon. S. B. CONOVER, Speaker of the Assembly:
SIR: Your Committee on Enrolled Bills have examined the
following bill and joint resolution and find them correctly en-
rolled :
An act relating to the indebtedness of the State;
A joint resolution relative to the burning of cancelled scrip in
the office of the Treasurer.
E. R. CHADWICK, Chm'n,
W. F. GREEN,
S. COLEMAN,
W. G. STEWART,
N. McMILLAN.










11



Which was read, and the -accompanying bill and joint reso-
tion signed by the Speaker and Chief Clerk of the Assembly.
"The following message was received from the Senate:
SENATE CHAMBER, Feb'y 21, 1873.
Hon. S. B. CONOVER, Speaker of the Assembly:
SIR: I am directed to inform you that the Senate has adopted-
Assembly concurrent resolution in regard to adjournment,
with amendment; also
Assembly concurrent resolution in regard to the appointment
of a committee to wait upon the Governor, &c.; and passed-
Senate bill No. 1, to be entitled an act to make certain out-
standing Comptroller's warrants receivable for taxes;
Senate bill No. 2, to be entitled an act appropriating certain
moneys therein mentioned; also,
Senate bill No. -, entitled an act to amend sections 22 and
23 of an act for the assessment and collection of revenue in this
State. Respectfully,
-C. R. KING, Secretary.
Which was read and the accompanying Senate bills placed
among the orders of the day.
The Assembly concurred in Senate amendments to resolution
relative to adjournment.
Ordered that the same be certified to the Senate.
Messrs. Scott, Johnson and Hardee were appointed to wait
upon the Governor as per resolution.
After a brief absence the committee reported that his Excel-
lency had no further communication to make to the Legislature,
and were discharged.
The following message was received from the Senate :
SENATE CHAMBER, February 21, 1873.
Hon. S. B. CONOVER, Speaker of the Assembly:
SIR: I am directed to inform you that the Senate has passed
Senate bill No. -, to be entitled an act to provide.for the dis-
bursement of all moneys collected for the purpose of paying the
interest upon the State debt, and the ultimate redemption of the
State bonds. Respectfully,
C. R. KING, Secretary.
Which was read and the accompanying Senate bill placed
among the orders of the day.
ORDERS OF THE DAY.
Senate bill No. -, to be entitled an ac' appropriating certain
mnoneys therein mentioned,
Was read the first time.











12

Mr. Llanbias moved to indefinitely postpone the bill;
Which was not agreed to.
On motion of Mr. Hannah, the rule was waived and the bill
read the second time by its title.
Mr. Scott offered the following amendment:
"For the Clerk of the Secretary of State the sum of $800."
Mr. Llambias moved to indefinitely postpone the amendment;
Which was not agreed to.
Mr. Swearingen moved to ainend the amendment by inserting
"$500" in place of $800."
Mr. Scott moved to lay the amendment to the amendment on
the table;
Which was agreed to.
The amendment of Mr. Scott was then adopted.
Mr. Conover moved to amend by inserting "8 2,000 for Clerk
in the Treasurer's office for the year 1872."
Mr. Osgood moved to lay the motion on the table;
Which was agreed to.
On a motion to waive the rule and read the bill the third time,
the yeas and nays were called for and were:
Yeas-Messrs. Atkins of Franklin, Chaildick, Coleman, Cruse, Elijah,
Gass, Gleason, Hardee, Johnson, Livingston, McInnins, Montgomery, Os-
good, Petty, Proctor, Robinson, Scott, Small, Stewar, Swearingen, Thomp-
son of Columbia, Thompson of Jefferson, Wallace and Waslington-23.
Nays-Messrs. Bryant,. Bsh, Green, H igan, Hannah, Kelly, Llamnbias,
Lee of Iamillon, McMillan, McKinnon, Mitchell, Peeler, Vainn and Weeks
-14.
So the motion was not agreed to.
On motion, the Assembly took a recess until 2 o'clock, p. n.



TWO O'CLOCK, P. M.
The Assembly resumed its session.
No quorum present.
On motion ot Mr. lMclmiiss, the Assembly took a recess un-
til 5 minutes to 3 o'clock.


FIVE MINUTES TO THREE O'CLOCK.
The Assembly resumed its session.
A qutirmn pre.sent.
The hour of three p. in. having arrived, the Speaker declared
the Assembly adjourned sine die.