A Journal of the proceedings of the Assembly of the State of Florida, at its ... session

ASSEMBLY JOURNAL.

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A

JOURNAtL

OF THE

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pROCEEDINGS

OF THE ASSEMBLY
vl' ll~j AuM~4

OF THE

STATE

OF FLORIDA,

AT ITS

NINTH SESSION,

BEGUN AND HELD AT THE CAPITOL, IN THE CITY OF TALLA-
HASSEE, ON TUESDAY, JANUARY 2, 1877.

McWHORTER,
F. BYNUM, (of

(of Santa Rosa,) SPEAKER.
Suwannee,) CHIEF CLERK.

"TALLAHASSEE, FLA.:
C. E.. DYKE, Si., STATE PRINTER.
1877.

G. .
WM.

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JOURNAL

Of the Assembly of the State of Florida, at the Ninth Session
of the Legislature, begun and held at the Capitol, in the.
City of Tallahassee, in the State of Florida, on Tuesday, the
2d day of January, A. D. 1877, being the day fixed by the
Constitution of the State of Florida for the meeting of the
Legislature.

The Assembly was called to order at 12 o'clock, M., by Mr:.
Thompson, of Nassau.
On motion of Mr. Jones, of Levy, G. G. McWhorter, of Santa
Rosa, was appointed temporary Speaker, and W. Forsyth By-
Rum temporary Clerk.
The roll of counties being called, the following members ap-
peal ed and were sworn as members of the Assembly by Judge
Whit* of the Second Judicial Circuit of Florida:

From Madison County
From Brevard
From Putnam, "
From Marion
SFrom Alachua
From Gadsden.
From Escambia "
From Alachua
From Volusia
From Hamilton "
From Hernando "
From Franklin "
From Leon "
From Bradford "
From Dade
From Duval
From Orange
From Monroe
From Escambia
From Sumter "
From Marion
From Levy
From Jackson
From Clay "

-E. I. Alexander.
-A. C. Bass.
-P. P. Bishop.
-R. B. Bonner.
-W. K. Cessna.
-Harry Cruse.
-P. Davidson.
-L. G. Dennis.
-Charles Dougherty.
-W. J. J. Duncan.
-W. D. Eubank.
-S. A. Floyd.
--W. H. Ford.
-J. L. Gaskins.
-W. H. Gleason.
-Alfred Grant.
-Walter Gwynn.
-J. V. Harris.
-J. C. Hoffman.
-W A. Hocker.
-D. E. Jacobs.
-W. J. Jones.
-W. H. Kimball.
-M. A. Knight.

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From Liberty County
From Washington "L
From Duval
From Hillsboro' "
From Jefferson
From Suwannee
From Gadsden
From Taylor
From Jackson
From Jackson
From Santa Rosa "
From Walton
From Polk "
From Leon
From St. Jbhns
From Holmes
From Lafayette "
From Calhoun
From Madison
From Columbia
From Nassau
From Wakulla
From Leon
From Jeferson
From Columbia
From Manatee

-S. Larkin.
-J. B. Lassiter.
"-J. E. Lee.
-J. T. Lesley.
-W. R. Long.
-S. M. Martin.
-M. Martin.
-D. N. McAuley.
-J. F. McClellan.
-J. H. McKinnie.
-G. G. McWhorter.
-J. M. Williams.
-E. E. Mizell.
-D. Quarterman.
-T. T. Russell.
-A. W. Stanley.
-Seth Stevens.
-J. B. Stone.
-J. N. Stripling.
-W. H. Townsend.
-W. N. Thompson.
-W. W. Walker.
-E. C. Weeks.
-G. W. Witherspoon.
-J. T. Wofford.
-W. E. Loper.

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Mr. McKinnie of Jackson moved that the roll be re-called
and those not sworn be requested to appear at the Clerk's,
stand and be sworn.
Mr. McClellan moved to amend so that the members sworn;
be requested to answer sworn as their names are called; which
amendment was accepted and the motion agreed to as amended.,
and several members appeared and were sworn; their names'
appearing in the above list.
On motion of Mr. Dougherty of Volusia, Messrs. Stripling'
of Madison, Weeks of Leon and Davidson of Escambia came
forward and were sworn by the Speaker.
Mr. Thompson moved that the Assembly proceed to the
election of Speaker of the Assembly;
Which was agreed to.
Mr. McClellan of Jackson nominated Hon. G. G. McWhorter
of Santa Rosa.
Mr. Witherspoon nominated Hon. W. H. Gleason of Dade.
The vote was:
FOR McWHnoRTER-Messrs. Bass, Bishop, Dougherty, Duncan,
Eubank, Floyd, Gaskins, Gleason, Gwynn, Harris, Hocker,
Jones, Kimball, Knight, Larkin, Lassiter, Lesley, Loper, Mar.

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tin of Suwannee, McAuley, McClellan, McKinne, Williate,
Mizell, Russell, Stanley, Stevens, Stone, Townsend, Thompson
of Nassau, Walker and Wofford-32.
FOR GLEASON-.Messrs. Alexander, Bonner, Cessna, Cruse,
Davidson, Dennis, Grant, Hoffman, Jacobs, Lee, Long, Martin
of Gadsden, Quarterman and Witherspoon-14.
The Hon. G. G. McWhorter having received a majority-
the votes for Speaker, was declared elected Speaker of the
Assembly.
On taking the chair, Mr. McWhorter, in a pertinent address,
tendered his thanks to the members of the Assembly for the
honor conferred.
On motion of Mr. McKinnie of Jackson, the Assembly pro-
ceeded to the election of Chief Clerk.
The vote was:
FoR DR. W. FORSYTH BYNUM-Messrs. Bass, Bishop, Cessna,
Dougherty, Duncan, Eubank, Floyd, Gaskins, Gwynn, Harris,
Hocker, Jones, Kimball, Knight, Larkin, Lassiter, Lesley,
Loper, Martin of Suwannee, McAuley, McClellan, McKinne,
SWilliams, Mizell, Russell, Stanley, Stevens, Stone, Stripling,
,Townsend, Thompson of Nassau, Walker and Wofford-34.
SFOR FRANK McKEE-Messrs. Alexander, Bonner, Cruse,
Davido-n, Ford, Gleason,Grant, Hoffman, Jacobs, Lee, Long,
Mar.n df Gadsden, Quarterman, Weeks and Witherspoon-15.
Dr. Wm. Forsyth Bynum having received a majority of the
votes cast, was declared elected Chief Clerk of the Assembly.
Mr. Long of Jefferson moved that the election of Dr. Bynum
as Jhief Clerk be made unanimous;
Which was agreed to.
The Chief Clerk elect was duly sworn in by the Speaker.
On motion of Mr. McClellan, the Assembly took a recess
until this afternoon at 4 o'clock.

FOUR O'CLOCK, P. M.
The Assembly resumed ts session.
A quorum present.
On motion of Mr. Weeks, Mr. Thompson of Leon, came for-
" ward and was sworn in.
Mr. McKinnie moved that the Assembly proceed to the elec-
tion of Assistant Clerk;
Which was agreed to.
The vote was:
FoR J. D. THoMPsoN-Mr. Thompson of Leon-1.
FOR JOHN EAGAN-Messrs. Alexander, Bonner, Cruse, David-

son, Dennis, Gleason, Hoffman, Jacobs, Quarterman, Strip-
ling, Weeks and Witherspoon-12.
YFO D. McLob---Mir. Speaker, Messrs. Bass, Bishop, Cessna,
Dougherty, Dutean, Eubank, Floyd, Gaskins, Gwynn, Harris,
Hocker, Jones, Kimball, Knight, Lassiter, Lesley, Loper, Mar-
tin of Suwannee, McAuley, McClellan, McKinne, Williams,
SMizell, Russell, Stanley, Stevens, Stone, Townsend, Thompson
of Nassau, Walker and Wofford-32.
BLANK-Messrs. Grant, Lee and Long-3.
Mr. McLeod having received the number of votes required,
was declared elected Assistant Clerk of the Assembly, and
came forward and took the oath of office administered by the
Speaker.
Mr. Alexander moved that the. Assembly go into the elec-
tion of Sergeant-at-Arms.
Which was agreed to.
The vote was:
FoR J. D. THOMPSON-Messrs. Alexander, Bonner, Davidson,
Dennis,. Gleason, Grant, Hoffman, Lee, Long, Quarterman,
Thompson of Leon, Weeks and Witherspoon-13.
FOR R. DICKISON--Mr. Speaker, Messrs.Bass, Bishop, Dough-
erty, Duncan, Eubank, Floyd, Gaskins, Gwynn, Harrig, Pocker,
Jones, Kimball, Knight, Larkin, Lassiter, Lesley, L", ., -Mar-
in of Suwannee, McAuley, McClellan, McKinne, Mizell, Rus-
sell, Stanley, Stevens, Stone, Townsend, Thompson of Nassau,
Walker, Williams and Wofford-32.
BLANK-Mr. Jacobs-1.
Mr. Dickison having received the number of votes required
was declared elected Sergeant'at-Arms, and came forward and
took the oath of office.
On motion of Mr. Dougherty, the Assembly proceeded to
the election of one Engrossing Clerk.
The vote was:
FOR McKEEL-Messrs. Alexander, Cruse, Davidson, Ford.
Gleason, Grant, Hoffman, Lee, Martin of Gadsden, Quarteri
man, Thompson of Leon, Weeks and Witherspoon-13.
FoR W. BULLOCK-Mr. Speaker, Messrs. Bass, Bishop, Bonne r,
Cessna, Dougherty, Duncan, Eubank, Floyd, Gaskins, Gwynn.
Harris, Hocker, Jacobs, Jones, Kimball, Knight, Larkin, Las-
siter, Lesley, Loper, Martin of Suwannee, McAuley, McClellan,
McKinne, Mizell, Russell, Stanley, Stevens, Stone, Townsend
Thompson of Nassau, Walker, Williams and Wofford-35.
BLANK-Mr. Long-1.
Mr. Bullock having received the number of votes required
was declared elected'Engrossing Clerk, and came forward and
took the oath of office administered by the Speaker.

Mr. Jones moved that the Assembly proceed to the election
Sof Enrolling Clerk.
Which was agreed to.
The vote was:
FOR MR. SCOTT--Messrs. Alexander, Bonner, Cruse, David-
-son, Ford, Gleason, Grant, Hoffman, Jacobs, Lee, Quarter-
man, Stripling, Thompson of Leon, Weeks and Witherspoon
-15.
FOR L. B. WOMBWELL-Mr. Speaker, Messrs. Bass, Bishop,
Dougherty, Duncan,: Eubank, Floyd, Gaskins, Gwynn, Harris,
Hocker, Jones, Kimball, Knight, Larkin,. Lassiter, Lesley,
Loper, Martin of Suwannee, McAuley, MeClellan, McKinne,
Mizell, Russell, Stanley, Stevens, Stone, Townsend, Thompson
of Nassau, Walker, Williams and Wofford-32.
FOR J. H. ROPER-Mr. Cessna-1.
BLANK-Messrs. Dennis, Long, and Martin of Gadsden-3.
Mr. Wombwell having received the number of votes required
was declared elected Enrolling Clerk, and was sworn in by the
Speaker.
On motion of Mr. McKinne, the Assembly proceeded to the
election of Doorkeeper.
Thb .Te was:.
FOR ARCHIE LIVINGSTON-Messrs. Alexander, Bonner, Cruse,
Davidson, Ford, Grant, Hoffman and Stripling-8.
FOR J. C. JONES-Mr. Speaker, Messrs. Bass, Bishop, Cess-
na, Dougherty, Duncan, Eubank, Floyd, Gaskins, Gwynn, Har-
ris, Hocker, Jones, Kimball, Knight, Larkin, Lassiter, Lesley,
Loper, Martin of Suwannee, McAuley, McClellan, McKinnie,
Mizell, Russell, Stanley, Stevens, Stone, Townsend, Thomp-
son of Nassau, Walker, Williams and Wofford-33.
FORL. R. BooTH-Messrs. Long, Quarterman, T
Leon, Weeks and Witherspoon--5.
BLANK-Messrs. Gleason, Jacobs and Lee-3.
Mr. J. C. Jones having received the number of votes required
was declared elected Door-keeper, and was sworn in by the
Speaker.
Mr. Cessna moved that a committee of three be appointed
to inform the Senate that the Assembly is organized and ready.
to proceed to business; which was agreed to, and Messrs.
Martin of Gadsden, Dougherty and Hocker appointed said
committee.
Mr. Martin of Gadsden moved that a committee of three be
appointed to act with a similar committee on the part of the
Senate to wait upon His Excellency the Governor and inform
hnm that the Legislature is organized and wodld be pleased to
receive any communication.he may desire to make; which was

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agreed to, and Messrs. MeKinne, Bass and Knight appointed
said committee.
On motion of Mr. Gywnn, the Speaker was requested to ap-
point a Chaplain for the Assembly.
On motion of Mr. Dougherty, the Speaker was requested to
appoint, at such time as he may deem proper, one Messenger and
two Janitors.
Mr. Harris moved that the Rules of the Assembly in force
at the close of the last session be adopted as the Rules of this
Assembly until further ordered, and the same be inserted in
the journal of to-morrow;
Which was agreed to.
On motion of Mr. Cessna, the Assembly adjourn until 10
o'clock, to-morrow morning.

WEDNESDAY, January 3, 1877. ,
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Alexander, Bass, Bishop, Bonner,
Cessna, Cruse, Davidson, Dougherty, Duncan, Eubank, Floyd,
Ford, Gaskins, Grant, Gwynn, Harris, Hoffman, Hocker,
Jacobs, Jones, Kimball, Knight, Larkins, Lassiter, Lee, Les-
ley, Long, Loper, Martin of Suwannee, Martin of Gads-
den, McAuley, McClellan, McKinne, Williams, Mizell, Quarter-
man, Russell, Stanley, Stevens, Stone, Stripling, Townsend,
Thompson of Leon, Thompson of Nassau, Walker, Weeks,
Witherspoon and Wofford-49.
A quorum present.
Prayer by the Rev. N. M. Long.
On motion of Mr. Cessna, yesterday's journal was read and
approved.
Mr. McAuley moved that 500 copies of the Journal be
printed for the use of the House;
Which was not agreed to.
The Speaker announced the following Standing Committees :

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STANDING COMMITTEES OF THE ASSEMBLY.

Judiciary Committee.
Mr. McCLELLAN, Chairman.
Messrs. HOCKER, BISHOP,
THOMPSON of Nassau, LEE.

Finance and

Taxation.

Mr. GWYNN, Chairman.

Messrs. KIMBALL,
JONES,

JACOBS,
CESSNA.

Commerce and Navigation.

Messrs.

Mr. THOMPSON of Nassau, Chairman.
FLOYD, ALEXANDER,
McKINNE, MARTIN, of Gadsden.

Public

Printing.

Mr. RUSSELL, Chairman.

Messrs.

Messrs.

FLOYD,
GASKINS,

Mr.

RUSSELI
WOFFOR

BASS,
STEPHE1

"D,
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KNIGHT,
DUNCAN.

Engrossed Bills.
KNIGHT, Chairman.
MARTIN of Suwannee,
LEE.

Enrolled Bills.

Mr. JONES, Chairman.
QUARTERMAN,
.S, FLOYD.
State Institutions.

Mr. LESLEY, Chairman.
LARKINS, BISHOP,
McCLELLAN, KIMBELL.
Public Lands.

Mr. HARRIS,

Messrs.

GWYNN,
HOCKER, .

Chairman.
QUARTERMAN,
CRUSE.

Militia.

Mr. EUBANKS, Chairman.

Messrs. WALKER,
WEEKS,

TOWNSEND,
WITHERSPOON,

Messrs.

Messrs.

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Privileges and Elections.
Mr. McKINNE, Chairman.

Messrs. BISHOP,
-DOUGHERTY,

LEE,
STRIPLING.

Education.

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Messrs. LESLEY
DOUGHE

Mr. BISHOP, Chairman.
HARRIS,
iRTY, LEE.

Messis.

LOPER,
LESLEY

Legislative Expenses.
Mr. KIMBELL, Chairman.
, THOM PSON of Nassau,
BASS.

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Claims.

Mr. DOUGHERTY, Chairman.

Messrs.

STONE,
TILLMAN,

GRANT,
GWYNN.

Messrs.

C'tty and County Organizations.
Mr. LOPER, Chairman.
JONES, DENNIS,
GASKINS, HOFFMAN.
.Agriculture.
Mr. McAULEY, Chairman.

Messrs. WILLLIAMS,
MART.IN of Suwannee,

DENNIS,
LONG.

Railroads.

Messrs.
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Mr. HOCKER, Chairman.
THOMPSON of Nassau, McCLI
LASSITER, DAVI]

ELLAN,
DSON.

Messrs.

Messrs.

Indian Affairs.
Mr. WOFFORD, Chairman.
STANLEY, GLEASON,
MIZELL, BONNER.
Corporations.
Mr. THOMPSON of Nassau, Chairman.
FLOYD, ALEXANDER,
McKINNE, MARTIN of Gadsden.

Mr. Martin of Suwannee moved that all newspaper reporters
be invited to seats within the bar, and that the Seargeant-at-
Arms furnish them with desks;
Which was agreed to.

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"The Speaker announced the following appointments:
For Chaplain-Ryev. N. M.' Long.
For Messenger-Mingo Kiddo.
For Janitors-Gardner Williams, Harry Nellicliff.
On motion of Mr. Long, Mr. Tillman of Jefferson came for-
ward and was sworn in by the Speaker as a member of the As-
semibly. .
On motion of Mr. Dougherty, Mr. Canova of Baker came
forward and was sworn in.by the Speaker as a member of the
Assembly.
Mr. McClellan presented the following petitions, viz: S. R.
Mallory against Peter Davidson, W. L. Williams against J. G.
Hoffman,.contested elections from Escambia county.
Which were read and referred to the committee on Privi-
leges and Elections.
Mr. Harris presented the following petition, viz: John J.
Brown against W. H. Gleason, contested election from Dade
county;
Which was referred to the committee on Privileges and
Elections.
Mr. Dougherty presented the following petition, viz: B. H.
Gerganus against G. P. Canova, contested election from Baker
county;
Which was referred to the committee on Privileges and
Elections.
Mr. McKinne, from the Joint Committee appointed to wait
upon his Excellency the Governor, reported that the commit-
tee had performed the duty 'assigned them and asked to be
discharged;
Which was accepted and the Committee discharged.
Mr. Lesley moved that a committee of three be appointed by
the Speaker to investigate the rumors being rife, throughout
the State, reflecting upon the honor and dignity of certain
members of this body, to-wit: the members of Alachua of
bribery, forgery and corruption during the late elections and
connected therewith, and report to this body.
Mr. McKinne moved to amend by appointing a committee of
five, and said committee be empowered to send for persons and
papers;
Which amendment was accepted.
Mr. Bishop moved to lay the motion on the table;
Which was not agreed to.
The original motion, as amended, was agreed to, and the
following committee was appointed by the Speaker:
Messrs. Lesley, McKinne, Stripling, Martin of Gadsden and
Gaskins.
* On motion of Mr. Harris, the Assembly took a recess until
4 o'clock, P. M.

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FOUR O'CLOCK, P. M.

The Assembly resumed its session.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Alexander, Bass, Bonner, Canova, Da-
vidson, Dougherty, Eubank, Floyd, Gaskins, Gleason, Grant,
Harris, Hoffman, Hocker, Knight, Larkins, Lassiter, Lee, Les-
ley, Long, Loper, Martin of Suwannee, McAuley, McClellan,
McKinne, Mizell, Quarterman, Russell, Stanley, Stevens,
Stone, Stripling, Tillman, Townsend, Thompson of Nassau,
Walker and Williams-38.
A quorum present.
Mr. Lee moved that Mr. Witherspoon be excused indefinitely
on account of sickness in his family;
Which was agreed to.
Mr. Hocker introduced the petition of J. J. Dickison against
M. Martin, contested election from Gadsden county;
Which was referred to the Committee on Privileges and
Elections.
Mr. Harris introduced the petition of W. S. Allen, for a
claim ;
Which was referred to the Committee on Claims.
Mr. McClellan offered the following resolution:
WHEREAS, M. A. Knight was on the second day of January,
A. D. 1877, sworn in as a member of the Assembly from the
county of Clay, his name appearing upon the tabulated report
made by the Board of State Canvassers on the 27th day of
December, A. D. 1876, to the Supreme Court; and whereas,
There is some doubt whether he has been duly elected as mem-
ber of this Assembly from said county of Clay; therefore be it
Resolved, That the Committee on Privileges and Elections
be and they are hereby directed to inquire whether the said
M. A. Knight is duly elected as a member of this Assembly
from the county of Clay, and for this purpose they are em-
powered to send for persons and papers, and also to take tes-
timony under oath, and make report to this Assembly at as
early a day as possible;
Which was read and referred to the Committee.on Privileges
and Elections.
Mr. Quarterman offered the following preamble and resolu-
tion:
WHEREAS, The Legislature of the State of Florida has con-
vened, and with a new Governor; and
WHEREAS, We, the representatives of the people of Florida,

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desire all good 'advice and instruction be given to our people
to secure peace and happiness and quietness among all classes;.
and
WHEREAS, United States Senator S. B. Conover is now in
the city'of Tallahassee; therefore be it
Resolved, That we respectfully ask him to deliver an address
to the Representatives and people, in the Assembly Hall, on
Thursday night, January 4, 1877, at 8 o'clock; and a commit-
tee of three be appointed to notify Mr. Conover of this re-
quest.
Which was read and adopted.
Mr. Cessna moved that a committee be appointed to inform
Mr. Conover of the request of the Assembly;
Which was agreed to.
.The Speaker appointed Messrs. Cessna, Quarterman and
Kimball as such committee.
On motion of Mr. Russell, the Assembly adjourned until 10
o'clock, A. M., to-morrow.

STANDING RULES OF THE ASSEMBLY.

OF THE DUTIES AND POWERS OF THE SPEAKER.
RULE 1. The Speaker shall take the chair every day at the
hour to which the Assembly shall have adjourned; shall
call the members to order, and on the appearance of a quorum,
shall proceed to business.
RULE 2. He shall preserve decorum and order;- may speak to
points of order in preference to other members; and shall
decide all questions of order, subject to an appeal to the
Assembly by motion regularly seconded; and no other busi-
ness shall be in order till the question on the appeal shall
have been decided.
RULE 3. He shall declare all votes; but if any member
rises to doubt a vote, the Speaker shall order a return of the
. number voting in the affirmative and in the negative, without
any further debate upon the question.
RULE 4. He shall rise to put a question, or to address the
Assembly, but may read sitting.
RULE 5. In all cases the Speaker may vote.
RULE 6. When the Assembly shall determine to go into a
committee of the whole Assembly, the Speaker shall appoint
the member who shall take the chair.
RULE 7. On all questions and motions whatsoever, the Speaker
shall take the sense of the Assembly by yeas and nays, pro-

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vided two of the members present shall so require. When
the yeas and nays are taken, the roll of the Assembly shall be
called in alphabetical order, and no member shall be allowed
to vote who shall not be upon the floor of the Assembly at
the time his name is called, or before the roll-call is finished.
RULE 8. He shall propound all questions in the order in which
"they are moved, unless the subsequent motion be previous in
its nature, except that, in naming sums and fixing times, the
largest sums'and the longest time shall be put first.
RULE 9. After a motion is stated or read by the Speaker, it
shall be deemed to be in possession of the Assembly, and shall
be disposed of by vote of the Assembly; but the mover may
withdraw it at anytime before a decision or amendment, except a
motion to reconsider, which shall not be withdrawn after the
time has elapsed within which it could be originally made.
RULE 10. When a question is under debate, the Speaker
shall receive no motion but to adjourn, to lay on the table, for
the previous question, to postpone to a day certain, to com-
mit, to amend, or to postpone indefinitely; which several
motions shall have precedence in the order in which they stand
arranged; and a motion to strike out the enabling clause of a
bill shall be equivalent to a motion to postpone indefinitely.
If an amendment to any subject under consideration be laid
on the table, or postponed, such action shall not carry the
subject-matter with it.
RULE 11. He shall consider a motion to adjourn as always
first in order; and that motion, and the motions to lay on the
table, to take up from the table, and for yeas and nays, shall
be decided without debate.
RULE 12. He shall put the previous question in the follow-
ing form: Shall the main question be now put? "P and all de-
bate upon the main question and pending amendments shall
be suspended until the previous question shall be decided.
After the adoption of the previous question, the sense of the
Assembly shall forthwith be taken on pending amendments in
their regular order, and then upon the main question.
RULE 13. On the previous question there shall be no debate.
RULE 14. When two or more members happen to rise at
once, the Speaker,. shall name the member who is first to
speak.
RULE 15. All committees shall be appointed and announced
by the Speaker, unless otherwise specially directed by the As-
sembly.
RULE 16. The Speaker shall have the right to name any
member to perform the duties of the Chair; but such substitu-
tion shall not extend beyond an adjournment.

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OF THE DUTIES, RIGHTS AND DECORUM OF THE MEMBERS.
RULE 17. Every member, when about to speak, shall rise
and respectfully address the Speaker; shall coptfine himself to
the question under debate, and avoid personality,, and shall sit
down when he has finished. No member shall speak out, of his
place without leave of the Speaker. .
RULE 18. No member speaking shall be interrupted by an-
other, but by rising to call to order.
RULE 19. No member shall speak more than twice on one
question, without first obtaining leave of the Assembly; nor
more than once, until the other members who have not spoken
shall speak, if they desire it.
RULE 20. When a vote has passed, it shall be in order for.
any member of the majority to move for a reconsideration
* thereof on the same or the succeeding day; and such motion
(except in the last week of the session) shall be placed first in
the orders of the day for the day succeeding that on which the
motion is made; and when a motion for reconsideration is de-
cided, that decision shall not be reconsidered, and no question
shall be twice reconsidered; Provided, however, That a motion
to reconsider a vote, upon any collateral matter, shall not re-
move the main subject under consideration. from before the
Assembly, but shall be considered at the time when it is made.
RULE 21. Bills, resolves, and other papers, except orders of
notice, in reference to which any member has a right to move
a reconsideration, shall remain in the possession of the Clerk
until the right of reconsideration has expired; Provided, That
the operation of this rule shall be suspended during the last
week of the session. .
RULE 22. No member shall be obliged to be on more than
two committees at the same time, nor chairman of more than
one.
RULE 23. No member shall be permitted to stand up to the
interruption of another while any member is speaking, or to
pass unnecessarily between the Speaker of the Assembly and
the person speaking; nor shall any members be permitted in
the alleys, or in the area in front of the Chair, during the ses-
sion of the Assembly.
RULE 24. All proceedings of the Assembly with closed
doors, and every matter relating to the same, shall be kept se-
cret until after the Assembly shall remove the injunction of
secresy.
RULE 25. Every member who shall neglect to give his at-
tendance in the Assembly for more than six days after the ses-
sion commences, shall, on making his appearance therein, be
held to render the reason of such neglect; and in case the rea-
son assigned shall be deemed by the Assembly sufficient, such

16

member shall be entitled to receive pay for. his travel and not
otherwise; and no member shall be absent more than one day
without leave of the Assembly, and a vote of leave of absence
shall be inoperative unless the member obtaining it shall avail
himself of it within five days.
RuLE 26. When any member shall be guilty of a breach of
either of the rules and orders of the Assembly, he may be re-
quired by the Assembly, on motion, to make satisfaction there-
for, and shall not be allowed to vote or speak, except by way
of excuse, till he has done so.
RULE 27. No member shall be permitted to vote, or serve
on any committee, in any question where his private right is
immediately concerned, distinct from the public interest.
RULE 28. Every member who shall be in the Assembly
when a question is put, where he is not excluded by interest,
shall give his vote, unless the Assemby, for special reasons,
shall excuse him. Any member desiring to be so excused on
any question, shall make application to that effect before the
calling of the yeas and nays; and such application shall be ac-
companied by a brief statement of reasons, and shall be de-
cided without debate.
RULE 29. Every motion shall be reduced to writing, if the
Speaker shall so direct.
RULE 30. Any member may call for the decision of a ques-
tion when the sense will admit of it. A motion to strike out
and insert shall be deemed inadvisible; but a motion to strike
out being lost, shall neither preclude amendment nor a motion
to strike out and insert.
RULE 31. Motions and reports may be committed or re-com-
tmitted, at the pleasure of the Assembly.
RULE 32. No motion or proposition of a subject different
from that under consideration shall be admitted under color of
amendment.
RULE 33. The unfinished business in which the Assembly
was engaged at the time of the last adjournment shall have the
preference in the orders of the day, next after motions for re-
consideration.
RULE 34. No rule or order of the Assembly shall be dis-
pensed with, or. repealed, unless a majority of the members
present shall consent thereto.
RULE 35. When a vote is doubted, the members for or
against the question, when called on by the Speaker, shall rise
and stand uncovered till they are counted.
RULE 36. All questions relating to the priority of business
to be acted upon shall be decided without debate.
RULE 37. When a motion is made to refer any subject, and
different committees shall be proposed, the question shall be

17

taken in the following order: A Standing Committee of the
Assembly ; a Joint Standing Committee; a Select Committee;
a Joint- Select Committee.
RULE 38. It shall be the duty of each member of the Assem-
bly who moves that any Standing Committee be instructed to
inquire into the expediency of amending an existing law or
laws, to point out the amendment which he deems expedient,
in writing, to accompany his motion, or to furnish a written
statement thereof to such committee, if by them required.
RULE 39. No stranger shall be admitted to the seats of
members, or upon the floor of the Assembly, without leave of
the Speaker, or consent of the Assembly.
OF PETITIONS, MEMORIALS, ETC.
RULE 40. All papers addressed to the Assembly, except
petitions, memorials and remonstrances, shall be presented by.
the Speaker, or a member in his place, and shall be read by
the Speaker, Clerk,. or such other person as the Speaker may
request, and shall be taken up in the order in which they
were presented, unless where the Assembly shall otherwise
direct.
RULE 41. Every member presenting to the Assembly a peti-
tion, memorial, or remonstrance, shall endorse his name there-
on, with a brief statement of the nature and object of the in-
strument, and the reading of the same from the Chair shall, in
all instances, be dispensed with, unless specially ordered by
the Assembly.
RULE 42. All reports, petitions, memorials, remonstrances,
and papers of a like nature, shall be presented during the first
hour of each session of the Assembly, and at no other time ;
and the Speaker shall call on the several divisions, in regular
succession, for such paper.
RUrE 43. All applications for the use of the Assembly
Chamber shall be made to and decided upon by the Committee
on Public Buildings, subject, however, to the control and order
of the Assembly.
ON BILLS, RESOLUTIONS AND GRANTS.
RULE 44. Every bill, and all resolutions of a public nature,.
or for the appropriation of the public money, shall receive
three readings previously to the final passage of such bill or res-
olution; and the Clerk shall give notice of each, whether it be
the first, second or third readings, which readings shall be on
three different days, unless two-thirds of the members present
shall decide otherwise.
RULE 45. All bills and resolves shall be written in a fair,
round'hand, without interlineations, on not less than one sheet
2a

18

of paper, with suitable margins ..tnd spaces between the
several sections, or resolves. '
RULE 46. At the second reading of any bill or resolution it
shall be in order for any member to move its commitment to a
Committee of the Whole House; that it lay on the table; fqr
* its indefinite postponement; for its postponement to a day
certain not beyond the session; for its commitment to ;a
Standing Committee; to a Select Committee; or to amend;
which: motions shall have precedence in the order above
stated.
RULE 47. It shall not be in order to amend the title of
any bill or resolution until it shall have passed'its third
reading.
RULE 48. All bills or resolutions to be engrossed shall be
executed in a fair, round hand, and without ersure or interli-
neatrons.
RULE 49. Before a bill or resolution requiring three read-
ings shall be read the third time, it shall be carefully en-
grossed, under the direction of the Committee on Engrossed
Bills, and upon the third reading of the bill or resolution it
shall not be committed or amended without the consent of a
majority of the members present.
RULE 50. When a bill or resolution shall have passed.its
third reading, it shall be certified by the Clerk, endorsing
thereon the day of its passage, and be transmitted to the
Senate, accompanied with a message stating the title of the
bill or resolution, and asking the concurrence of that body,
and the date of its transmission entered upon the journal.
COMMITTEES-THEIR POWERS AND DUTIES.
RULE 51. Bills committed to a committee of the whole
Assembly shall be read and debated, or amended by clauses or
sections, leaving the title or preamble to be last considered.
The body of said bill shall not be interlined or defaced, but
all amendments, noting the page and line, shall be dulyeentered
by the Clerk on separate paper, as the same shall be agreed to
by the committee, and so reported to the Assembly. After
report, the bill shall again be subject to be debated and
amended, by clauses or sections.
RUrEE 52. It shall be the duty of the Committee on En-
rolled Bills to report at any time.
OF COMMITTEES, THEIR POWERS AND DUTIES.
SRULE 53. The following Standing Committeess shall be ap-
pointed at the commencement of the political year, viz.:
Judiciary, Claims, -
Finance and Taxation, City and County Organization,

19

Incorporation, Education,
Militia, Legislative Expenditures,
Agricultural, Public printing,
Enrolled Bills, Engrossed Bills,
Privileges and Elections, State Institutions,
Railroads, Public Lands,
Indian Affairs, : Commerce and Navigation,
and each of these committees shall consist of five members.
RULE 54. All papers relative to any business before the
Assembly shall he left with the Clerk, by any member who
shall obtain leave of absence, and may have any such papers
in his possession.
RULE 55. The chairman of any committee, except the
standing committees, who shall have business referred to them,
shall make report of their doings therein within four days,
after such reference.
RULE 56. All committees may report by bill, resolve or-
otherwise.
RULE 57. Messages shall be transmitted to the Governor or
Senate by the Clerk or Sergeant-at-Arms.
RULE 58. Order of business:
1st. Motions.
2d. Petitions, memorials and other papers addressed to
"either the Assembly or the Speaker thereof.
"3d. Resolutions.
4th. Reports of Standing Committees.
5th. Reports of Select Committees.
6th. Messages lying on the table.
7th. Orders of the day.
RULE 59. The rule of Parliamentary practice, comprised in
Jefferson's Manual, shall govern the Assembly in all cases to
which they are applicable, and in which they are not inconsis-
tent with the Standing Rules, order of the Assembly or the
Joint Rules of the two branches of the Legislature.

THURSDAY, January 4, 1877.
The Assembly met pursuant to adjournment. .
The roll was called, and the following members answered to
their names:
Mr. Speaker, Messrs. Bass, Bishop, Bonner, Canova, Cessna,
Cruse, Davidson, Dougherty, Duncan, Eubank, Floyd, Ford,
Gaskine, Grant, Harris, Hoffman, Hocker, Jacobs, Jones, Kim-

"ball, Rnight, Larkins, Lassiter, Lee, Lesley, Long, Loper, Mar-
tin of Suwannee, Martin of Gadsden, McAuley, McClellan,
McKinne, Mizell, Quarterman, Russell, Stanley, Stevens,
Stone, Stripling, Tillman, Townsend,.Thompson of Nassau,
Walker, Weeks, Williams, Witherspoon and Wofford-48.
A quorum present.
Prayer by the Chaplain.
Journal read, corrected and approved.
Mr. Bishop moved that a special committee of five be ap-
pointed to consider what changes, if any, ought to be made in
the laws pertaining to elections, with instructions to report by
,bill or otherwise.
Mr. Martin of Gadsden moved to amend by referring the
natter to the Judiciary Committee;
SWhich was agreed to.
And the original motion as amended agreed to.
Mr. Lesley moved that the Committee on Railroads be in-
structed to inquire of the Comptroller if the President, Secre-
tary or Superintendent of the different telegraph lines, that
have been in operation in this State since 1871, have returned
to him the number of miles of land telegraph and the number
of miles of sub-marine telegraph, in conformity with the stat-
utes of this State,. and if so, how many miles of land telegraph
and how many miles of sub-marine telegraph have been re-
turned;
Which was agreed to.
Mr. Hocker presented the petition of John G. Reardon rela-
tive to a claim for services as Solicitor for the Fifth Judicial
Circuit;
Which, on motion, was referred to the Committee on Claims.
Mr. McKinne moved that 200 copies of the daily Journal be
printed for the use of the Assembly.
Mr. Stripling moved to amend by striking out 200 and in-
sert 500 in lieu thereof;
Which was agreed to.
Upon the adoption of the motion as amended, the yeas and
yeas were called for.
The vote was:
SYe a s -.- M r S p e a k e r M e s s r s A l e x a n d e r B is h o p B o n n e r ,
Cruse, Davidson, Dougherty, Floyd, Ford, Gleason, Grant,
qHarris, Hocker, Jacobs, Jones, Kimball, Larkins, Lee, Long,
Martin of Gadsden, McAuley, McClellan, Quarterman, Russell,
Stripling, Tillman, Walker and Witherspoon-28.
Nays-Messrs. Cessna, Duncan, Eubank, Gaskins, Hoffman,
Knight, Lassiter, Lesley, Loper, Martin of Suwannee, Mc-
Kinne, Mizel, Stevens, Stone, Townsend, Williams and Wof-
ford-18.

21

So the motion was adopted as amended, and 500 copies of
the Journal ordered.
Mr. Gleason moved that the Chief Clerk appoint a Record-
ing Clerk for the present session of the Assembly.
Mr. McKinne moved to lay the motion on the table;
Which was agreed to.
Mr. Cessna, from the committee appointed to invite Senator
Conover to address the members of the Legislature and
citizens on Thursday night, 4th inst., reported that the com-
mittee had performed the duty assigned to them, and that
Senator Conover would cheerfully comply with the request of
the Assembly at the time appointed, and the committee asked
to be discharged;
Which report was accepted and the committee discharged.
Mr. Dougherty moved that the Assembly adjourn until 10
o'clock to-morrow morning;
Which was agreed to, and the Assembly adjourned.

FRIDAY, January 5, 1877.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Alexander, Bass, Bishop, Bonner,
Cruse, Davidson, Dougherty, Duncan, Eubank, Floyd, Ford,
Gaskins, Grant, Harris, Hoffman, Hocker, Jacobs, Jones,
Knight, Larkins, Lassiter, Lee, Lesley, Long, Loper, Mar-
tin of Suwannee, Martin of Gadsden, McAuley, McClellan,
McKinne, Mizell, Quarterman, Russell, Stanley, Stevens, Stone,
Stripling, Tillman, Townsend, Thompson of Leon, Thompson
of Nassau, Walker, Witherspoon and Wofford-45.
A quorum present.
Prayer by the Chaplain.
Journal read and approved.
Mr. Harris moved that the Committee on Education be in-
structed to inquire into the disposition of the Agricultural
Scrip, granted by Congress to the State of Florida, for the
purpose of establishing, an Agricultural -College, and report
thereon at as early a day as possible;
Which was agreed to.
Mr. Lesley moved that the Committee on Public Lands be
instructed to inquire--
First, 'As to the acts of the Internal Improvement Board

22

in the protection of the public lands from trespass, the number
of its agents, the number and extent of their seizures, the
mode of compromise, amount of expenses incurred therein,
and the disposition of the proceeds thereof;
Secondly, That they inquire particularly as to the circum-
stances and integrity of levies made, and compromises iar-
ranged by such agents in the settlement of such cases growing
out of the alleged trespassess upon the Red Cedar lands of the
State, and that they do report the same to this House;
Which was agreed to.
Mr. Bishop offered the following resolution:
Resolved, That the Secretary of State, Attorney-General
and the Comptroller of Accounts be requested to inform this
body what was the result of the election held in the State on
the 7th day of November, 1876, so far as the same concerned
the candidates for the Electoral College, the returns from the
several counties on file in the office of the Secretary of State
being canvassed according to the law of Florida as construed
by the Supreme Court;
Which was read and adopted.
Mr. Walker offered the following joint resolution :
Resolved, By the Assembly, the Senate concurring, that a
joint committee of five, composed of three from the Assembly
and two from the Senate, be appointed to examine the offices
of the Comptroller and Treasurer, and to make their report as
early as practicable;
Which was read and passed.
Mr. Hocker, Chairman of the Committee on Railroads, made
the following report:
Hon. G. G. MCWHORTER,
Speaker of the Assembly :
The Committee on Railroads who were instructed to inquire
of the Comptroller if the President, Secretary or Superinten-
dent of the different telegraph lines that have been in opera-
tion in this State since 1871, have returned to him thenumber
of miles of land telegraph and the number of miles of sub-
marine telegraph, in conformity with the statute of this State,
and if so, how many miles of land telegraph and how many
miles of sub-marine telegraph have been returned, beg leave to
report that in obedience to the instruction given, the Comp-
toller .was waited upon by your committee and furnished the
information contained in the paper herewith returned.
W. A. HOcKER, Chairman.

23

OFFICE o0 COMPTROLLERr
TALLAHASSE, FLA., January 4, 1877.5
To. Hon. Mr. HOOKER, Chairman of Committee on Railroads :.
SIR :' In .response to the resolution of inquiry, -concerning
telegraph lines, passed by the Assembly this day, I have the
honor to repOrt, that in conformity with the provisions of
Cliapter 1,945,'Laws of Florida, the following officers of tele-
:graph companies reported to me January 1, 1876, the length of
lines operated in this State, by their respective companies as
follows:
OF LAND TELEGRAPH. MILES.
J. A. Brenner, Superintendent of Western Union Tele-
graph Company.............. .................. 0 210
Chas. LaBiron, President of the Pensacola Telegraph
Company ...................................... 90
J. A. -Brenner, General Agent of International Ocean Tel-
egraph Company.. ........... .... ......... ...... .. 502
SUB-MARINE TELEGRAPH. MILES.
J. A. Brenner, General Agent for International Ocean Tel-
egraph Company................................... 21
Making 802 miles of land telegraph and 21j miles of sub-
marine telegraph reported last January.
In addition to these lines the Florida Telegraph Association,
-operating a line between Fernandina and Cedar Keys, reported
in 1875 154 miles, thus making 956 miles of land telegraph in
operation in this State. The tax has been paid up to July .1,
1876,.by the Western Union Telegraph Company, and to Jan-
uary. 1, 1876,,by the International Ocean Telegraph Company
and the Pehsacola Telegraph Company, and to July 1, 1874,
with a partialjpayment on the ,next six months' tax by the
Florida Telegraph Association.
Very respectfully, your obt. servant,
C. A. CowGrLL,
Comptroller.
Which was read and ordered to be spread'upon the Journal.
Mr. McKinne, Chairman of the Committee on Privileges
aind Elections, made the following report:
To.the Honorable George G. M Whorter, Speaker of the As-
senmby:
Your COmuaittee on Ptiviies aod Blections ask leave .to
.make the following report,.in the.ease of Oerganus against
:Canova, from the county of Baker: .
The respondent, George 'P.Oainova, presentendhimself-before .
".-,ol 0ommnttee,a .pi deolred that .ifi. did not. eMpider him-
"-4 t # *

24

self fairly elected, and that he relinquished all claim to a seat
in the Assembly.
Your Committee thought it their duty, however, to proceed
with the investigation, as they would have done if such declara-
tion had not been made.
As neither party charge fraudulent voting, or proffered tes-
.timony, your Committee determined to subject themselves to
the law regulating the action of the State Board of Canvassers
as it is interpreted by the Supreme Court.
Your Committee found on file in the office of the Secretary
of State, two papers, each of which purported to contain the
results of a canvass of the votes cast in the county of Baker on
the 7th of Noyember, 1876.
One of these documents was signed by the Clerk of the
Court for the county of Baker, and a Justice of the Peace, and
bore the seal of said Clerk.
It bore, also, an endorsement by the Clerk of the Court un-
der his seal, to the effect that the canvass therein reported was
the only canvass of the votes cast in said county, on said 7th
of November, of which he had any knowledge, and the only one
which was of record in his office.
According to this return, two hundred and twenty-two votes
were cast for the petitioner in this case, and one hundred and
forty-eight for the repsondent.
The other paper purporting to be a return bore the signa-
ture of the County Judge, the Sheriff, and a Justice of the
Peace, and reported the votes cast in.the county of Baker on
the .'th of November, 1876, as eighty-four for the petitioner,
and one hundred and thirty-one for the respondent.
"Under these circumstances your Committee sought direction
. from the decision of the Supreme Court of Florida, made at a
special term in December, 1876.
In the opinion delivered by. Wescott, Judge, and concurred
in by the entire Court, in the case of the State of Florida ex
rel. George F. Drew against Samuel B. McLin, Secretary of
State, C. A. Cowgill, Comptroller Public Accounts, and W.
-Archer Cocke, Attorney-General, State Board of Canvassers,
we find the following language:
As to the words,' irregular, false and fraudulent,' in this
connection, their definition is not required by the question
raised by the pleadings in this case.
These respondents have not alleged that they have before
them any return so irregular, false or fraudulent' that they
are unable to determine the.actual vote cast in any county as
shown by the returns; and nothing can be clearer than that
the counting of returns sufficiently regular to -ascertain the
whole number of votes given, and signing a certificate, are
merely ministerial acts.

25

Under these pleadings the genuineness and regularity of
the particular returns in question are admitted.
We will say, however, that the clear effect of this clause inm
the statute is that. a return of the character named shall not be
included in the determination and declaration of the Board;
and that it has power to determine the bona fide character of
the returns dehors their face."
This utterance from the Supreme Bench of the State made
it plain to your committee that it was their duty to seek light
which did not appear on the face of either of the papers before
them, in order to- determine, which of said papers was the bona
fide return; and such light was readily found.
Certified copies of the several returns from the four pre-
cincts of Baker county, bearing the signature and seal of the
Clerk of the Circuit Court for said county, are on file in the
office of the Secretary of State.
According to these documents, the votes of the several pre-
cincts for Assemblyman, on the 7th of November, 1876, were
as follows:
Darbyville-For Gerganus........ 61 For Canova...... 15
Olustee-For Gerganus........... 32 For Canova..... 0
Sanderson-For Gerganus......... 52 For Canova.... .131
Johnsville-For Gerganus......... 7 For Canova..... 2

Total-For Gerganus......... 222 For Canova..... 148
The return from Baker county, signed by the Clerk of the
Circuit Court and a Justice of .the Peace, being thus sup-
ported by the returns from the several precincts of said county,
your Committee entertain no doubt of its being the bona fide
return.
Your Committee, therefore, recommend the adoption of the
following resolution r
Resolved, That Bryant H. Gerganus is entitled to, the seat
in this assembly now held by George P. Canova.
JOHN H. McKINNE, Chairman,
P. P. BISHOP,
CHARLES DOUHGERTY,
J. N. STRIPLING,
JOSEPH E. LEE.
Which was read. .
SMr. Harris moved that the report be received, and the reso-
lution adopted;
Which was agreed to.
On motion of Mr. Harris, Mr. Gerganus came forward and
was sworn in as a member of the Assembly.

Mr. Witherspoon moved that Messrs. Long and Tillman of
Jefferson, be excused until Monday next;
Which was agreed to.
The rule being waived, Mr. Stripling introduced the fol-
lowing bill:
Assembly bill No. 1:
To be entitled an act to amend the second section of an act
entitled an act relating to Proceedings in Justices' Courts, ap-
proved February 21, 1875;
Which was read the fist time, and, on motion, referred to
the Judiciary Committee.
The following communication was read by the Speaker, and
ordered to be spread upon the Journal:
TALLAHASSEE, January 4, 1871.
Hon. G. G. MCWHORTER,
Speaker of the Assembly :
SIR: His- Excellency, the Governor, having tendered to me
the office of State Treasurer, I hereby respectfully resign my.
seat as a member of the Assembly from the county of Orange.
I have the honor to be, very respectful, your obedient ser-
vant, WALTER GWYNN.
Mr. Stripling moved that the Assembly adjourn until 10
o'clock, A. M., to-morrow;
Which was agreed to, and the Assembly adjourned.

I
SATURDAY, January 6, 1877.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Alexander, Bass, Bishop, Bonner,
Dougherty, Duncan, Eubank, Ford, Gaskins, Gerganus, .Grant,
Harris, Hoffman, Hocker, Jacobs, Jones, Kimball, Knight,
Larkins, Lassiter, Lee, Lesley, Loper, Martin of Suwannee,
McAuley, McClellan, McKinne, Mizell, Quarterman, Russell,
Stanley, Stevens Stone, Stripling, Townsend, Thompson of
Leon, Thompson of Nassau, Walker, Williams, Witherspoon
and Woofiord--42.
A quorum present.
Prayer by the Chaplain,
The Journal of yesterday was read and approved.
A committee from the Senate appealed at the bar of the

wI

27

Assembly, consisting of Messrs. McCaskill, McMeekin and
Meacham, and informed the Assembly that a Committee on
Joint Rules was appointed on the part of the Senate, to act
with a similar committee on the part of the Assembly, consist-
ing of Messrs. Cottrell, Chairman, Barnes, McCaskill,.Durkee
and Ferguson.
Mr. Witherspoon moved that a committee of three be ap-
pointed on the part of the Assembly, to 'act with the Senate
committee on joint rules.
Mr. McClellan moved as a substitute that the Speaker ap-
point a committee of five upon rules, and that said committee
act as a committee also upon joint rules to govern the Senate
and Assembly.
Mr. Witherspoon moved to lay the substitute on the table;
Which was not agreed to.
Mr. Lee moved that the motion be indefinitely postponed;
Which was not ageed to.
Mr. Alexander moved that the motion be postponed until
Monday, 12 o'clock M.;
Which was not agreed to.
On motion of Mr. Bishop, the substitute was.adopted in lieu
of the original motion.
Mr. Bishop moved that the resolution adopted yesterdayre-
questing information as to the result of the election held on
the 7th of November, 1876, be re-considered;
Which was agreed to.
Mr Harris moved that the resolution be laid upon the table;
Which was agreed to.
On motion of Mr. McClellan, the Assembly proceeded to the
election of Recording Clerk.
Mr. Stone nominated Mr. Wm. H. Cannon.
There being no other nomination, on motion of Mr Dough-
erty, Mr. Cannon was elected by acclamation.
Mr. Quarterman moved that Mr. Caanon, elected .Record-
ing Clerk of this Assembly, come forward and take the oath of
office;
Which was agreed to.
Mr. Cannon came forward and took the oath of office before
the Speaker.
Mr. Lesley moved that the report of the Comptroller, as
made to the Committee on Railroads, showing the arrearages.of
the different telegraph lines now in operation in this State to be
$2,142, be referred to the 'Committee on Finance and Taxation;
Which was agreed to.
Mr. McClellan offered the following resolution:
Resolved, That the Committee on Railroads be, and they are
hereby instructed at once to fully ascertain the present condi-

28

tion 'of the Internal Improvement Fund of this State; that
they do inquire and report without delay what sums of money
have been paid from that fund within the past two years, to
whom paid and what for, and as to what claims are now pend-
ing that funds by whom prosecuted and on what account, and
that they report to this house without delay all information
they may obtain under this resolution, and as to what action
should be taken thereon, if any, by this Assembly;
Which was read and adopted.
Mr. Harris of Monroe offered the following resolution:
Resolved, That the Commissonerof Immigration and Public
Lands be requested to furnish the Assembly without delay a
statement of the present condition of the Internal Improve-
ment Lands and of the quantity of said lands which have been
sold and the amount of sales, and the authority under which
the said lands have been sold and the purpose to which the pro-
ceeds have been applied and paid and the quantity of said
lands still unsold and in whose hands and under whose ad-
ministration the said lands now are.
And further, to state the- grants of said lands which have
been made, and to whom the same have been made, and for
what purpose, and the authority under which the same were
made;
Which was read, and oh motion adopted.
Mr. McKinne offered the following joint resolution:
WHEREAS, It has been made known to this House that a
large sum of money, the proceeds of the earnings of the Jack-
sonville, Pensacola & Mobile Rail Road, while in the hands of'
the Receiver of the Supreme Court of the United States in
the case of the State of Florida vs. Anderson et al., and that
the late Trustees of the Internal Improvement Board of this
State before retiring from office on the 19th day of December,
1876, directed the payment of the sum of twenty-four thou-
sand dollars ($24,023.04) in attorney's fees; and inasmuch as
it is the constitutional duty and rightful power of the Legis-
lature to protect the Internal Improvement Fund, and require
its application to the purposes for'which it is pledged and'
which the public need imperatively demands, therefore,
Be.it. resolved, the Senate concurring, That the Trusteee of
the Internal Improvement Board are hereby required to give
notice immediately to the custodian of said fund, forbidding
the payment of said money under the resolution of said former
board, and requiring them to hold the same until some act of
the'Legislature shall be passed relating to the disposition of
same ; and, further, that the said Board of Trustees are required

29

to institute such legal proceedings as may be proper for this
purpose, not committing the State, nor the Trustees of the In-
ternal Improvement Board, to any iirther or other proceed-
ings than to prevent the disbursement of said money under
said orders of the late Board until a proper inquiry and ex-
amination shall be made of said orders, and the Justice of the
services charged, and a just and right determination had be-
fore a competent tribunal;
Which was read, and, on motion, adopted.
Ordered that the.same be certified to the Senate.
Mr. Floyd offered the following resolution:
Resolved, That the Committee on Finance and Taxation are
requested to report to the Assembly, at their earliest con-
venience, the feasibility of granting to municipal organiza-
tions the right to collect city and town taxes in any way
deemed most expedient by said municipal authorities;
Which was read, and, on motion, adopted.
Mr. Knight offered the following resolution :
Resolved by the Assembly, the Senate concurring, That a
committee of seven, consisting of four on the part of the As-
sembly and three on the part of the Senate, be appointed to
visit the State Prison and report to this Legislature the num-
ber of convicts, the manner they are employed, what improve-
ments could be made for the further*profitable employment of the
convicts in the way of work-shops, machinery, &c., as also the
current income and current expenses, and to devise some
means by which the State Prison could be made self-sustain-
ing, together with any other information that they may deem
valuable to the Legislature;
Which was read, and on motion adopted.
Mr. Russell, Chairman of the Committee on Public Print-
ing, made the following report:

The standing committee on
consideration the order of
printing of 500 copies of the
"Assembly, and have received
+h4i Prihli Print.r :

Public Printing have taken into
the Assembly relative to the
daily journal for the use of the
the following proposition from

"UL A UU U -L J l". U- & *
TALLAHASSEE, FLA., January 4th, 1877.
Hon. T. T. RUSSELL, Chairman Committee on Printing:
SIR: I propose to do the printing of the present session at
the following rates: .
For 100 copies of the daily journals, to be laid on the desks
of members each morning, one cent for each one hundred
words per copy; for an additional 100 copies, one-half cent.per

30

one hundred words; for 500 copies, one cent per hundred
words for the first 100 copies, and one-quarter of a cent per
hundred words per copy for the additional 400 copies. This
proposal embraces all miscellaneous printing, such as Bills,
Reports, Messages, &c.
For 500 copies of the journal in book form, to be stitched
and delivered after the adjournment, two dollars per page,
counting one copy. Very respectfully,
C. E. DYKE, Sr.,
State Printer.
The committee have agreed to accept the proposition of the
State Printer in so far as it relates to printing the 500 copies
of the daily journal for the use of the Assembly.
Relative to the proposition to print 500 copies of the Journal,
in book form, the committee are fully satisfied that 300 copies
are amply sufficient for all practical purposes. The committee,
therefore, recommend that the proposition of the State Printer
be acceded to in so far as the same relates to the 500 copies
of the daily journal at the price named; and 300 copies of the
journal, in book form, be deemed sufficient at the rate of one
dollar and fifty cents per page, counting one copy; and -your
committee recommend that the Assembly so order the printing
to be done, agreeably to the arrangement of this, your com-
mittee. Respectfully submitted,
THOSE. T. RUSSELL, Chairman.
M. A. KNIGHT.
J. L. GASKINS,
S. A. FLOYD,
W. J. J. DUNCAN.
Which was read, and on motion the report and the recom-
mendations therein contained were adopted.
The rule being waived, the following bills Pwere introduced:
By Mr. Knight:
Assembly Bill, No. 2:
To be entitled an act to protect the agricultural interest of
the people of the State of Florida;
Which was read the first time, and, on motion, referred to
the Committee on Agriculture.
By Mr. Thompson of Nassau:
Assembly Bill, No. 3:
To be entitled an act to amend the eighth section of an act
entitled an act in reference to the real and personal estates of
decedents, and regulating the sale thereof in certain cases, ap-
proved February 16, 1870;
Which was read the first time, and referred to the Judiciary
Committee.
By Mr. McWhorter:

381

Assembly Bill, No. 4:
To be entitled an act to authorize Anna Jernigan to estab-
lish a Ferry across the Escambia river;
Which was read the first time, and referred to the Commit-
tee on Corporations.
Mr. McKinne moved that the Assembly adjourn until 10
o'clock, A. M., on Monday next;
Which was agreed to, and the Assembly adjourned.

MONDAY,. January 8, 1877.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Alexander, Bass, Bishop, Bonner,
Cruse, Davidson, Dougherty, Duncan, Eubank, Floyd, Gas-
kins, Gerganus, Grant, Harris, Hoffman, Hocker, Jacobs,
Jones, Kimball, Knight, Larkins, Lassiter, Lee, Lesley, Long,
Loper, Martin of Suwannee, McAuley, McClellan, McKinne,
Mizell, Quarterman, Russell, Stanley, Stevens, Stone,
Townsend, Thompson of Leon, Thompson of Nassau, Weeks,
Williams, Witherspoon and Wofford-44.
A quorum present.
Prayer by the Chaplain.
On motion of Mr. Jones, the reading of the Journal was
dispensed with, and the Journal approved.
The Speaker announced the following committee to.act with
the committee appointed by the Senate, as Committee on
Joint Rules, viz: Messrs. McClellan, Lesley, Harris of Mon-
roe, Russell and Witherspoon.
The following bill was introduced, viz.:
By Mr. Jones:
Assembly bill No. 5:
To be entitled an act to amend an act to Establish a Uni-
form System of Common Schools and a University, ap-
proved January 30th, 1869;
Which was read the first time, and referred to the Com-
mittee on Education.
Mr. Thompson of Nassau presented a petition; of the mer-
chants .of Fernandina, requesting the repeal or amendment of
an act entitled an act to Exempt Maimed Persons from Pro-
fessional and Occupational Tax, approved February. 14th,
1870;

32

Which was read, and on motion referred to the Committee
on Finance and Taxation.
Mr. Quarterman introduced the following preambles and res-
olution:
WHEREAS, The failure of the National Freedman's Bank has
caused a great many of our poor widows and orphan children,
and a large number of others to suffer; and whereas, a large
number of the people of the State of Florida, reposing confi-
dence in the National Freedman's Savings Bank, did deposit
their hard earnings therein, believing that such institution was
a part of the Government and with reliance upon the credit of
the Government; and whereas, through the mismanagement of
said institution they have incurred a loss which they will not
recover from for several years to come; and whereas, under the
circumstances we believe it is but just and right that the
amount of such deficiency should be made up by the United
States Government; therefore, be it
Resolved by the Senate and Assembly of the State of Florida,
That our Senators and Representatives in Congress be in-
structed to use every exertion to secure the passage of an act
in Congress making good and securing the payment of sums
which may be due and owing to the people of the State of
Florida;
Which was read, and, on motion, referred to the Judiciary
Committee.
Mr. Lee moved to reconsider the motion to refer the resolu-
tion to the Judiciary Committee, and called for the yeas and
nays.
The vote was:
Yeas-Messrs. Alexander, Bonner, Cruse, Davidson, Ford,
*Grant, Harris of Monroe, Hoffman, Jacobs, Lee, Lesley, Long,
Quarterman, Stripling, Thompson of Leon, Weeks and With-
erspoon-17.
Nays-Mr. Speaker, Messrs. Bass, Gaskins, Gerganus. Hocker,
* Jones, Kimball, Knight, Larkins, Lassiter, Loper, Martin of
Suwannee, McAuley, McClellan, McKinne, Mizell, Russell,
Stanley, Stevens, Stone, Townsend, Thompson of Nassau,
Walker and Wofford-24.
So the motion was not agreed to, and the resolution was
referred to the Judiciary Committee.
Mr. Alexander offered the following resolution:
Resolved, That a committee of three be appointed by the
Speaker to request the Rev. W. W. Hicks to deliver an ad-
dress upon education in this Hall on Wednesday evening, the
10th inst., and the members of the Legislature and the public
be invited to attend.

*

33

Mr. Harris of Monroe moved to lay the resolution on the
table ;
Which was agreed to.
Mr. Harris of Monroe offered the following resolution:
Resolved, That the Adjutant General be requested to report
to this Assembly the nature and description of all arms now
belonging or having belonged to the State during his term of
office or coming within his knowledge, with the statement of
whence procured, by what authority and at what expense,and
the disposition of the same, together with a statement of what
arms the State is now entitled to and in whose hands said
arms now are :
Which was read, and, on motion, adopted.
The Speaker presented a memorial from the National Board
of Trade to the Legislature of Florida;
Which was read, and, on motion, referred to the Judiciary
Committee.
Mr. Lee moved that the Assembly adjourn until 10 o'clock
to-morrow morning ;
Which was agreed to, and the Assembly thereupon adjourned.

-.--^*---~

TUESDAY, January 9, 18TT.

The Assembly met pursuant to adjournment.
The roll being called, thb following members answered to
their names:
Mr. Speaker, Messrs. Alexander, Bass, Bonner, Cruse, Da-
vidson, Dougherty, Duncan, Eubank, Floyd, Ford, Gaskins,
Terganus, Grant. Harris, Hoffman, Hocker, Jacobs, Jones,
Kimball, Knight. Larkins, Lassiter, Lee, Lesley, Long, Loper,
Martin of Gadsden, Martin of Suwannee, McAuley, McClellan,
McKinne, Mizell, Quarterman, Russell, Stanley, Stevens,
Stone, Stripling, Tillman, Townsend, Thompson of Leon,
Thompson of Nassau, Walker, Weeks, Williams, Witherspoon
and Wofford-48.
A quorum present.
Praver by the Chaplain.
Mr. Witlerspoon moved that the reading of yesterday's jour-
nal be dispensed with;
Which was agreed to.
Mr. Harris of Monroe moved that Mr. Gerganus be appointed
3a

34

on the Committees on Finance and Taxation on Public Lands
and Claims in lieu of Mr. Gwynn;
Which was agreed to.
Mr. Martin of Suwannee moved that Mr. Duncan of Hamilton
have leave of absence for one week on account of sickness in his
family ;
Which was agreed to.
Mr. Russell moved that Mr. Gleason of Dade have leave of
absence for two days;
Which was agreed to.
Mr. Alexander moved that Mr. Thompson of Leon have
leave of absence for six days;
Which was agreed to.
Mr. McWhorter introduced Assembly Bill, No. 6:
To be entitled an act to provide for an examination of the
legal status of the Jacksonville, Pensacola & Mobile Rail-
road, and of the Florida Atlantic Gulf Central Railroad, and
of the Pensacola and Georgia Railroad, of which the said
Jacksonville, Pensacola and Mobile Railroad is composed;
Which was read the first time, and referred to the Commit-
tee on Railroads.
Mr. Hocker offered the following resolution:
WHEREAS, Information is desired by this Assembly in re-
gard to the action of the late Board of Internal Improvement
of this State, touching its management and disposition of the
Internal Improvement Fund of the State, and especially in
regard to its order of the 18th of December, ult., allowing
professional fees to H. Bisbee, Jr.; therefore, be it
Resolved, That ex-Attorney-General Wm. Archer Cocke be
requested to furnish this Assembly with such information as
he may possess bearing upon these matters, at his earliest con-
venience;
Which was read, and, on motion, adopted.
The following message was received from the Senate:
SENATE CHAMBER,
TALLAHASSEE, FLA., January 6, 1876. j
Hon G. G. MCWHORTER,
Speaker of the Assembly :
SIR-I am directed to inform you that the Senate has this
day passed Senate bill No. 1:
To be entitled an act to Provide for the Collection of State
Taxes for the Year 1876. Respectfully,
ROBERT GAMBLE,
Secretary of the Senate.
Which was read, and the accompanying bill was placed
among the orders of the day.

35

Also the following:
SENATE CHAMBER,
TALLAHASSEE, FLA., January 6, 1876. .
Ilon. G. G. MCWHORTER,
Speaker of the Assembly :
SIR-I am directed to inform you that the Senate has con-
curred in the following Assembly Joint Resolutions:
A Joint Resolution to appoint a Joint Committee to exam-
Sine the offices of the Comptroller and Treasurer.
Also, Joint Resolution to appoint a Joint Committee to
visit and inspect the State Prison.
Also, Joint Resolution relative to the J., P. & M. Railroad.
and the funds in the hands of the Receiver thereof.
Respectfully, ROBERT GAMBLE,
Secretary of the Senate.
Which was read.
Mr. Bishop, from the Committee on Privileges and Elec-
tions, made the following report:
TO THE HON. G. G. McWHORTER,
Speaker of the Assembly :
Your Committee on Privileges and Elections, in response to
the resolution instructing them to inquire into the title of M.
A. Knight to a seat in the Assembly as member from Clay
county, respectfully submit the following
REPORT:
At the organization of your honorable body, the name of the
said M. A. Knight was called by the temporary Clerk from a
paper which was understood to be taken from the certificate offi-
cially furnished by the Secretary of State. He answered to
his name, was sworn in, and took a seat, which he still occupies,
as a member of the body. But, on examining the. certificate on
file in the office of the Secretary of State, containing the result
of a canvass made by the State Board of Canvassers on the 27th
day of December, A. D. 1876, your Committee found the follow-
ing passage:
IN CLAY COUNTY.
"The return from this county was not canvassed and included
in the computation, for the reason that the return bears evi-
dence of its falsity upon its face, in that it does not contain or
set forth the true or actual vote cast in the county, inasmuch as
.the vote of one precinct in the county was not included in the
return made by the Board of County Canvassers, as appears
from the face of the return."
Your committee, however, did not think it right to close their

36

investigation at this point. They determined to examine for
themselves, and for the information of the Assembly, the evi-
"dence of falsity which the return from Clay county was alleged
to bear on its face.
The return is signed by Ozias Buddington, County Judge,
-. A. Buddington, Clerk of the Circuit Court, and Samuel
Jackson, Justice of the Peace. The form of the return is pe-
Seuliar, in that it gives, in one part, a statement of the vote of
the county, exclusive of one precinct, and in another part a
statement of the vote of said excluded precinct. The reason
for this unusual form is stated in connection with the setting
.forth, by itself, of the vote of said precinct. This exhibit is
found on a paper attached to the inside of the main body of
the return at a point preceding the signatures of the County
Canvassers. The following is a copy of said separate state-
ment :
We, the County Canvassers, would hereby report that
ht precinct No. 8 (No. 11 Pond) there was no evidence of the
Inspectors of the election at said precinct being sworn, but the
Clerk was.
The vote of said precinct was as follows, which we did not
count in our returns :
George F. Drew, for Governor,. received twenty-nine (29)
votes.
Marcellus L. Stearns, for Governor, received six (6) votes.
Noble A. Hull for Lieutenant-Governor received twenty-nine
(29) votes.
David Montgomery for Lieutenant-Govrenor received six (6)
votes.
Presidential electors received as follows:
Wilkinson Call received twenty-nine (29) votes.
James E. Yonge received twenty-nine (29) votes.
Robert B. Hilton received twenty-nine (29) votes.
Robert Bullock received twenty-nine (29) votes.
F. C. Humphries received six (6) votes.
C. H.. Pearce received six (6) votes.
William H. Holden received six (6) votes.
T. W. Long received six (6) votes.
Representative in Congress, Jesse J. Finley received twenty.
nine (29) votes.
Horatio Bisbee, Jr., received six (6) votes.
State Senator, John C. Richard received twenty-eight (28):
votes.
Benjamin E. Tucker received six (6) votes.
For member of the Assembly, Matthew A. Knight received :
twenty-three (23) votes.
George N. Bardcen received eleven (11) votes.

37

For CJonstable, William R. Minton received twenty-one (21)
votes."
The return, if this separate statement concerning the vote
of precinct No. 8 (No. 11 Pond) were detatched from it, would
have, in all respects, the usual form; and the question now
arises, does the statement itself bear evidence of the falsity of
the return, or present any obstacle to the ascertainment of the
true vote of Clay county ?
For the settlement of this point it is obviously immaterial
whether the statement is or is not to be treated, as a part of
the return. If it does not belong to the face of the return, of
course, under the law as now authoritatively construed, it
must be wholly disregarded-a State Canvasser can take no
notice of it. On the other hand, if it forms a part of the re-
turn, as your committee believe, then the votes which it sets
forth for the several candidates are to be added, respectively,
to the votes set forth for the same candidates in the main body
of the document, unless it should be held that the lack of
proof that the Inspectors at the exceptional precinct were
sworn justifies the rejection of the vote of that precinct. In
either case, no discredit is thrown upon the main body of the
return.
That the separate statement is a part of the return, so far as
it proves that the vote of precinct No. 8 (No. 11 Pond) was
not included in the general computation, but not a part of it
for the purpose of showing what the vote of that precinct ac-
tually was, is a proposition too preposterous for serious con-
sideration.
It appears to your committee that instead of being charge-
able with falsehood, or fraudulent design, the County Canvas-
sers exhibited a commendable desire to furnish the State Can-
vassers with all possible information in regard to the true vote
of Clay county. They were evidently in doubt as to whether
the vote of the precinct in question ought, or ought not, to be
counted, and, therefore, referred the matter to the superior
Board. Your committee cannot find in such conscientious
action even a plausible pretext for nullifying the right of suf-
frage throughout an entire county.
The following is a statement of the votes cast in Clay
county, exclusive of precinct No. 8 (No. 11 Pond) on the 'th
of November, 1876, as shown by the official return:
FOR GOVERNOR:
George F. Drew received 287 votes.
SMarcellus L. Stearns received 120 votes.

9

38

FOR LIEUTENANT-GOVERNOR:
Noble A Hull received 287 votes.
David Montgomery received 119 votes.
FOR PRESIDENTIAL ELECTORS:
Wilkinson Call received 286 votes.
James E. Yonge received 287 votes.
Robert,B. Hilton received 287 votes.
Robert Bullock received 287 votes.
F. C. Humphries received 122.votes.
C. H. Pearce received 121 votes.
W. H. Holden received 122 votes.
T. W. Long received 122 votes.
FOR REPRESENTATIVE IN CONGRESS:
Jesse J. Finley received 286 votes.
Horatio Bisbee, Jr., received 120 votes.
FOR STATE SENATOR:
John C. Richard received 276 votes.
B. E. Tucker received 126 votes.
FOR MEMBER OF ASSEMBLY:
M. A. Knight received 251 votes.
G. N. Barden received' 138 votes.
The vote for Constable is omitted from this report.
Regarding the action of the County Canvassers as honest,
and the return to which they affixed their names as truthful,
and finding no difficulty in ascertaining the true vote of Clay
county, your committee recommend the adoption of the fol-
lowing resolution:
Resolved, That Matthew A. Knight is entitled to the seat
now held by him in this Assembly.
J. H. McKINNE, Chm'n.
P. P. BISHOP,
CHAS. DOUGHERTY.
We assent to the resolution recommended in the above re-
port, but all that precedes it we do not concur in.
JOSEPH E. LEE,
J. N. STRIPLING.
Which was received, and on motion of Mr. Dougherty, the
accompanying resolution was adopted.
Mr. McClellan, Chairman of the Judiciary Committee, made
the following report:
To the Hon. G. G. Me Whorter, Speaker of the Assembly :
Your committee beg leave to report that they have fully
considered bill No. 1, referred to them, to amend section 2 of

39

the act of February 27, 1875, in regard to Justices of the
Peace and their civil jurisdiction ; that upon the examination
of said act they found in their opinion that it was necessary to
amend said act in many of its sections, and herewith' report a
bill in lieu of the original bill referred to them, embracing its
provisions and other amendments to said act, and recommend
that it do pass.
J. F. McCLELLAN,
Chairman of Judiciary Committee.
Which was read, and the accompanying bill placed among
the orders of the day.
ORDERS OF THE DAY.

Assembly bill No. 1:
To be entitled an act to amend an act entitled an act Re-
lating to Proceedings before Justices of the Peace and Judg-
ments of Justices' Courts, approved February 27th, 1775 :
Was read the second time.
Mr. Harris of Monroe moved that one hundred copies of
the bill be printed for the use of the Assembly.
The yeas and nays being called for, the vote was:
Yeas-Messrs. Alexander, Bass, Bishop, Bonner, Davidson.
Dougherty, Eubank, Floyd, Ford, Grant, Harris of Monroe,
Hocker, Jacobs, Jones, Lassiter, Loper, Martin of Suwannee,
McAuley, Mizell, Quarterman, Russell, Stripling, Tillman,
Walker and Wofford-25.
Nays-Messrs. Duncan, Gaskins, Gerganus, Hoffman, Kim-
ball, Knight, Larkins, Lee, Lesley, Martin of Gadsden, Mc-
Clellan, McKinne, Stanley, Stevens, Stone, Townsend,
"Thompson of Nassau, Weeks and Williams -19.
So the motion was agreed to.
Senate Bill No. 1:
To entitled an act to Provide for the Collection of State
"Taxes for the Near 1876;
Which was read the first time, and, on motion, referred to
the Committee on Finance and Taxation.
Assembly Bill No. :
To be entitled an act to Exempt Married Persons from Pro-
fessional or Occupational Tax, approved February 14, 180 ;
Which was read the first time, and, on motion, referred to
the Committee on Finance and Taxation.
Assembly Bill No. 8:
To be entitled an act to Repeal Section Twenty of Chapter
Forty-four, laws of Florida, for the Punishment of Crime;

a

40

Which was read the first time, and, on motion, referred to
the Committee on Judiciary.
Mr. Alexander moved to adjourn until 10 o'clock to-mor-
row morning;
Which was agreed to, and the Assembly thereupon adjourned.

WEDNESDAY, January 10, 1877.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Alexander, Bass, Bishop, Bonner,
Cruse, Davidson, Dougherty, Eubank, Floyd, Ford, Gaskins,
Gurganus, Grant, Harris, Hoffman, Hocker, Jacobs, Jones,
Kimball, Knight, Larkins, Lassiter, Lee, Lesley, Long, Loper,
Martin of Suwannee, McAuley, McClellan, McKinne, Mizell,
Quarterman, Russell, Stanley, Stevens, Stone, Stripling, Till-
man, Thompson of Nassau, Walker, Weeks, Williams, Wither-
spoon and Wofford-46.
A quorum present.
Prayer by the Chaplain.
Mr. Alexander moved that the reading of yesterday's journal
be dispensed with;
Which was agreed to, and the Journal corrected and ap-
proved.
The Speaker announced the following committees to act with
a committee of the Senate to visit and inspect the State prison,
viz: Messrs. Knight, McClellan, McKinne and Jacobs. To
examine the offices of Comptroller and Treasurer: Messrs.
Walker, Floyd and Alexander.
Mr. Hoffman offered the following Memorial:
ASSEMBLY HALL,
TALLAHASSEE, January 9, 18 77.
Memorial af the Legistature of the State of Florida to the
Congress of the United States, to build Dry Dock in Pensa-
cola Harbor.
The people of the State of Florida, represented in Senate
and Assembly hereby memorialize the Senate and House of
Representatives of the United States in Congress assembled,
to pass an act authorizing the building of a Dry Dock in Pen-
sacola Harbor; and the Secretary of State is hereby in-

41

structed to furnish each of our Senators and Representatives
in Congress with a copy of this memorial.
JOHN G. HOFFMAN,
Escambia County.
Which was read, and, on motion, adopted.
Mr. Lesley offered the following resolution:
Resolved by the Assembly, the Senate concurring, That a joint
select committee be appointed to consist of four members of
the Assembly, and two members of the Senate to inquire into
and examine as to the correctness and fairness of the last
census taken in this State by the different officers entrusted
with that duty, and to confer with the Governor as to the pro-
priety of retaking of the census, and an apportionment made
upon the basis of the same, and that they report the result of
their examination;
*Which was read.
Mr. McClellan offered as a substitute the following:
Joint Resolution for a committee to apportion the Repre-
sentatives and Senators, under Sections 1 and 2 of Article 13
of the Constitution.
Be it Resolved by the Senate and Assembly, That a Joint
Committee of seven be appointed-four by the Speaker of the
Assembly and three by the President of the Senate-to take
into consideration the apportionment of the Representatives
among the different counties, arid the number of Senators
which shall constitute the Senate of Florida, under the enu-
meration of all the inhabitants of this State made in the year
1875, as provided for by Sections 1 and 2 of Article 13 of the
Constitution of the State of Florida.
Which was read, and, on motion of Mr. Alexander, was
adopted.
Mr. Harris of Monroe offered the following preamble and
resolution:
WHEREAS, It is a universally acknowledged principle of
Democracy that every people who have proclaimed their capac-
ity for self-government, and have demonstrated their ability to.
maintain such proposition, are and of a right ought to be free
and independent; and whereas, It is the policy of this govern-
ment to maintain the Monroe doctrine, which proclaims against
the interference of any European power in the affairs of this
.hemisphere; and whereas, The Republic of Cuba has for eight
years maintained its integrity against the combined armies and
navies of the Spanish monarchy, demonstrating beyond a doubt
its ability to protract the struggle; and whereas, The interests

42

of justice, of humanity, and of commerce, demand that the war
in Cuba shall cease, therefore, be it
!Resolved, That cordially sympathizing with Cuba Libre in
the struggle she is engaged in in the'assertion of the sovereignty
of her people, we hereby instruct our Senators and request our
Representatives to urge upon their respective bodies in Con-
gress assembled the immediate accordance of belligerent rights,
and request that they take into further consideration the pro-
priety of acknowledging the independence of" Cuba Libre."
And be it further resolved, That a copy of this resolution be
forwarded to our Representatives in Congress.
Which was read.
Mr. Witherspoon moved that it be referred to the Judiciary
Committee; '
Which was not agreed to.
Mr. McKinne moved that the resolution be adopted;
Which was agreed to.
Mr. Gurganus, Chairman of the Committee on Finance and
Taxation, made the following report:
TO THE HON. G. G. MCWHORTER,
Speaker of the Assembly:
SIR: Your Committee on Finance and Taxation, to whom
was referred the subject relative to taxes upon telegraph lines
in Florida, beg leave to report that they have examined the
same, and. would respectfully submit the report of the Comp-
. troller upon that subject.
B. H. GURGANUS, Chm'n.

OFFICE OF COMPTROLLER, )
TALLAHASSEE, January 9, 1876.
HON. B. H. GFURGANUS,
Chairman Committee of Finance :
SIR : In answer to your question concerning the tax due the
State by telegraph companies, I have the honor to say that the
tax due by the International Ocean Telegraph Company July
1, 1876, has been paid since my letter to Mr. Hocker, and there
is now due the State
For tax due July 1, 18T6, from the Pen. Telegraph Co...$ 90
And from the Florida Telegraph Association .......... 560.25

$650.25
Relying upon the promises of the above named companies, I
have not advertised their lines for sale, but if not paid soon,
along with the amounts due January 1, 1877, they will be ad-

43"
vertised according to the provisions of Section 2 of Chapter
1945, Laws of Florida.
A sufficient time has not elapsed since the 1st of January,
1877, to consider the telegraph companies in default of the tax
due on that day. C. A. COWGILL, Comp.
Which was read and ordered to be spread upon the Journal.
Also the following:
To THE HON. G. G. McWHORTER,
Speaker of the Assembly :
SIR: Your Committee on Finance and Taxation to whom
was referred Assembly bill No. 7:
To be entitled an act to amend an act to Exempt Maimed
Persons from Professional and Occupational Tax, approved
February 14th, 1870; also:
Senate bill No. 1:
To be entitled an act to Provide for the Collection of State
Taxes for the year 1876, beg leave to report that they have ex-
amined said Assembly bill No. 7, and Senate bill No. 1, and re-
commend their passage. Respectfully submitted,
B. H. GURGANUS, Chm'n.
Which was read, and the accompanying bills placed
among the orders of the day.
The rule being suspended, Mr. Weeks introduced the follow-
ing bills, viz:
Assembly bill No. 10:
To be entitled an act to Authorize the State Comptroller to
Audit all the Expenses of the Circuit Courts.
Assembly bill No. 11:
To be entitled an act to Authorize the Boards of County
Commissioners of the several counties to Levy a Special Tax
for the Maintenance of the Poor-;
.Which were received and placed among the orders of the
day.
ORDERS OF THE DAY.

Assembly bill No. 1:
To be entitled an act to amend the Second, Twenty-ninth,
Thirty-fifth, Thirty-sixth, Fifty-eighth and Sixty-eighth Sec-
tions, and repealing the Fifty-third and Fifty-fourth Sections
of an act entitled an act Relating to Proceedings before Jus-
tices of the Peace and Judgments of. Justices' Courts, ap-
proved February 27th, 1875,
Was read the second time.
On motion of Mr. Russell, the Assembly resolved itself into
a committee of the whole, for the consideration of Assembly
Bill No. 1-Mr. McClellan in the chair.

44

After some time spent therein, the committee rose and re-
ported the bill back to the Assembly with amendments, and
recommended their adoption.
On motion of Mr. Russell the amendments were read, and
the bill as amended ordered to be engrossed for a third reading
on to-morrow.
Assembly Bill No. 7, a bill to amend an act to exempt
maimed persons from professional or occupational tax, ap-
proved February 14, 1870,
Was read the second time and ordered to be engrossed for
a third reading on to-morrow.
Senate Bill No. 1, to be entitled an act to provide for the
collection of State taxes for the year 1876,
Was read the second time.
On motion of Mr. McClellan, the Assembly resolved itself
into a committee of the -whole, for consideration of the same
-Mr. Russell in the chair.
After sometime spent therein, the committee rose and re-
ported the bill back to the Assembly without amendment.
Mr. McClellan moved to take a recess until 4 o'clock, P. M.;
Which was agreed to.

FOUR O'CLOCK, P. M.
The Assembly resumed its session.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Alexander, Bass, Bishop, Bonner.
Cruse, Davidson, Dougherty, Eubank, Floyd, Gaskins, Gurga-
nus, Grant, Harris of Monroe, Hoffman, Hocker, Jacobs, Jones,
Kimball, Knight, Larkins, Lassiter, Lee, Lesley, Long, Lo-
per, Martin of Suwannee, McAuley McClellan, McKinne,
Mizell, Quarterman, Russell, Stanley, Stevens, Stone, Stripling,
Tillman, Townsend, Thompson of Leon, Thompson of Nassau,
Walker, Weeks, Williams, Witherspoon and Wofford-46.
A quorum present.
The rule being suspended, Mr. Weeks introduced the follow-
ing bill:
Assembly bill to be entitled an act for the relief of lunatics;
Which was placed among the orders of the day.
The rules being suspended, Mr. McClellan from the Joint
Committee on Rules to govern this Legislature, made the fol-
lowing report:
To THE HON. G. G. MCWHORTER,
Speaker of the Assembly:
Your Committee who were appointed to act as a Joint Com-
mittee, with a like Committee of the Senate, upon Joint Rules.

45

to govern the Senate and Assembly, beg leave to report that
They herewith submit the rules agreed upon by said Joint Com-
mittee, and ask they be adopted by the Assembly.
J. F. McCLELLAX,
Chairman Assembly Committee.
RuLE 1. While bills are on their passage between the two
houses they shall be on paper, and under signature of the See-
retary or Clerk of each House respectively.
RuLE 2. After a bill shall have passed both houses. it shall
be duly enrolled on parchment by the Clerk of Assembly or
Secretary of the Senate, as the bill may have originated in one
or the other house. before it shall be presented to the Governor
of the State.
RULE 3. When bills are thus enrolled they shall be exam-
ined by a joint committee of two from the Senate and two from
the Assembly. appointed as a Standing Committee for that
purpose, who shall carefully compare the enrollment with the
engrossed bill as passed in the two houses, and correcting any
errors that may be discovered in the enrolled bills, make their
report forthwith to their respective houses.
RuLE 4. After examination and report, each bill shall be
signed in the respective houses, first, by the Speaker of the As-
scmbly, then by the President of the Senate.
RrLE 5. After a bill shall have been thus signed in each
house it shall be presented by the said committee to the Gov-
ernor of the State for his approbation, it being first endorsed
on the back of the roll. certifying in which house the same
originated, which endorsement shall be signed by the Secretary
of the Senate or Clerk (as the case may be) of the House, in
which it did originate, and shall be entered on the journal of
each house. The said committee shall report the day of pre-
sentation to the Governor. which time shall also be carefully
entered on the journal of each house.
RuLE 6. All orders, resolutions and votes which are to be
presented to the Governor of the State for his approbation,
shall, in the same manner, be previously enrolled, examined
and signed, and shall be presented in the same manner and
by the same committee as-provided in cases of bills.
Which was read, and on motion, the rules contained therein
were adopted.
Assembly bill No. 9:
To be entitled an act for the Relief of Lunatics,
Was-read first time and referred to the Judiciary Com-
mittee.
Assembly bill-No, 10:
To be entitled an act to authorize the State Comptroller to
Audit the Expenses of the Circuit Courts,

Was read first time and referred to the Committee on
Finance and Taxation:
Assembly bill No. 11:
To be entitled an act to Authorize the County Commission-
ers of the several counties to Levy a Special Tax for the Sup-
port of the Poor,
\ Was read first time and referred to the Committee on Fi-
nance and Taxation.
Senate bill No. 1:
To be entitled an act to Provide for the Collection of State
Taxes for the Year 1876,
Was taken up and read.
Mr. Knight moved that the further consideration of the bill
be postponed until to-morrow;
Which was agreed to.
The following message was received from his Excellency
Governor George F. Drew;

47

GOVERNOR'S MESSAGE.

EXECUTIVE OFFICE,
TALLAHASSEE, FLA., January 10, 1877.)
Gentlemen of the Senate and Assembly :
In bidding you welcome to the Capital I can but congratulate
you, as representatives of the people, upon the peace and good
order that prevails throughout the limits of our State. The
change in our State Government was so complete and radical in
its character that many persons were apprehensive of a civil
commotion as the necessary consequence. Our State has been
spared this most deplorable result, and its citizens to-day pre-
sent an example of obedience to law and order that may well
challenge the attention and admiration of our sister States.
My time has been so completely occupied in consideration of
other pressing duties, that I have not given that thorough at-
tention to the reports of the different heads of departments
which their importance demands. As they will accompany this
message, however, I trust the Legislature will give to each a
close scrutiny and a careful study.
The people are looking anxiously and hopefully to a reform
in our State Government, and it becomes our cfuty to see that
they are not disappointed. The most important question and
the one that more directly affects the immediate prosperity of
our State, and welfare of her citizens, is that of
FINANCE AND TAXATION.
That government will be the most highly esteemed that gives
the greatest protection to individual and industrial enterprises
at the least possible expense to the tax-payer. Theories may
be formulated and suggestions accumulated, but the simple
truths which have been the basis of nearly all personal success
in business, can be equally well applied to State finances.--
Spend nothing unless absolutely necessary, and pay all bills
when made, or at the earliest possible moment thereafter.-
As to the items of expenditure they may be classed under two

48

general heads: 1st. Those that are constitutional and cannot
be limited by legislation. 2d. Those that are regulated by law
and by appropriations, and are under the control of the Legis-
ture. Under the first head comes those salaries that are fixed
by the Constitution and cannot be increased or diminished by
legislative enactment; which embrace

Governor, Cabinet and Lt.-Governor ................ $18,000
Judges .... .. .......... ...... ........ 26,500

Total................. ............. ............ $44,500

With the exception of this amount all other items of expen-
diture are regulated by law and by appropriations, and are con-
sequently under the control of the Legislature. Taking the
past few years as a guide,.they would approximate the follow-
ing figures:
Seven State Attorneys, per diem, 939 each.......... $6,573
Fees of State Attorneys.......................... 5,000
Contingent expenses Supreme Court, including Libra-

rian and Clerk ......................
Clerks in offices of Capitol............
Contingent expenses State, including
press charges, &c ...................
Lunatics ............................
Expenses Penitentiary ................
Conveying prisoners to Penitentiary ....
Legislature........................
Printing and advertising ..............
Collecting and assessing revenue.......
Jurors and witnesses ..................
Repairs of Capitol, janitor and other itei

T total .............................

S S O 5 5

postage,

5 5 5 C .
oooooooo
ooooooeooee

S o 5 o o C o o e
rooooeo
oooooo
oeeoooo~r
ooe
oloeoooeo
* S 5 5 5 5
C 5 C 5 S

. 5 5 5 S C

ms.

S o o5 o 5 .

These statements show that $44,500 is necessary for
of constitutional salaries, and about $237,000 have
quired for payment of expenses which, within certain

2,500
3,000

Cx-

2,500
15,000
25,000
4,000
70,000
10,000
25,000
60,000
8,000

$236,573

payment
been re-
in limits,

are under the control of the legislative department of the gov-
ernment. In 1876, when no Legislative expenses were incurred,
the cost of the government was nearly $190,000. It may, there-

O O OID

a 49

fore, be reasonably inferred that without some considerable re-
duction about $190,000 will be required to meet State ex-
penses when there is no session of the Legislature, and between
2 60,000 and $270,000 when a session is held.
To meet these expenses a tax of seven mills is levied by Sec-
tion 32 of Chapter 1976, laws of Florida, providing,- above
errors, delinquencies, etc., about $180,000; and the license tax
which in 1875 produced $47,927, and 1876 only $39,048, thus.
making, under the present system of taxation, an income of
about $220,000.
You at once, gentlemen of the Legislature, see the full im-
port of the problem to be solved. Owing to the great increase
of debt and extravagant expenditures created by those who
have had possession of the government for the last eight years,
you will be necessitated to examine closely into all appropria-
tions, and determine where the reductions should be made.
That such reductions must be made needs no urgent request
of mine to demonstrate. The pruning knife must be used with
a fearless and impartial hand.
With the legacy of debt left us by those who have been in
power, I see no means of a reduction of the rate, for the present
year, of State taxation, but we must reduce the expenditures to
such figures as will relieve this most pressing necessity in a very
short time.
From the Comptroller's report it is shown that the taxes
assessed for 1876, and the licenses to be collected in 1877, will
only produce $65,500 (after paying the appropriations necessary
for the expenses of the past year) applicable to the expenses of
1877, and the major portion of this will probably be absorbed
by legislative expenses of the present session. There will
therefore be nothing to pay the expenses of 1877, until the tax
to be levied in 1877 be collected, which cannot be before the
end of the year. I invite your earnest consideration to this
fact, as we must never falter in the path of duty until we have
placed our State upon a cash basis.
PENITENTIARY..,
Every effort should be made to make the Penitentiary self-
sustaiining as in some of the other States, I invite the careful
4a

2.

50

attention of the Legislature to this subject, and if no means can
be devised to that end, I ask the Legislature to allow the Gov-
ernor, with the consent of a majority of the Cabinet, to lease
the same, or to hire out the prisoners upon such conditions as
may be deemed most advantageous to the State.
The position of Warden, with the salary that attaches to that
office, is upon a scale entirely disproportionate to our limited
means. If in the future we find it necessary to have such an
officer, I think the salary should be greatly reduced.
UNIFORMITY OF TAXATION.
A pressing necessity exists for some feasible method of hav-
ing property in the same localities and of equal value bear the
same burthens of taxation. Cases have occurred of lands simi-
larly situated, and not varying in value, being assessed at vastly
different prices. This is an injustice to the taxpayer, and a
fraud upon the State. All property should be rated at its full
cash value, and thus equalize taxation. If the assessors of taxes
cannot accomplish this, then other means should be secured
looking to this wise and just result.

P, ENGRAVED COMPTROLLER'S WARRANTS.
It will be seen from the Comptroller's report that Mr. Gam-
ble, recently Comptroller of this State, received to be ex-
changed by him for warrants and certificates of a date prior to
February 18, 1870, and for those issued in payment of the ex-
penses of the session of the Legislature of 1870, the sum of
$187,283 of engraved warrants. The warrants and certificates
received, canceled and filed as vouchers, show that $148,736
were so received. This leaves $39,087 of engraved warrants
not accounted for. I respectfully request that a suitable com-
mittee be appointed to thoroughly investigate this matter.
Certainly some one is responsible for this deficiency, and
should be held to a strict accountability. The Comptroller
suggests that the Legislature prohibit the Treasurer from
paying out any of these engraved warrants for written war-
rants, as the Treasurer already has in his custody, of those en-
graved warrants known as Greenback Scrip," an amount
greater than the volume of such scrip shown to be properly
outstanding by the Comptroller's and Treasurer's books. I

51

think it would be better to allow them to be exchanged, but
require the Treasurer before doing so to have each piece
stamped reissued in some proper and distinctive manner,
and endorsed by his signature. An examination of the
books also develops the fact that $39,253 of warrants and cer-
tificates issued prior to July 1, 1871, have never been paid by-
the- Treasurer. This is an amount greater than the engraved
warrants unaccounted for, and as they should not be paid by-
the Treasurer, if they were received by the Comptroller in 1871
in exchange for the engraved warrants, I concur in the
recommendation of the Comptroller, that the Legislature pass
a law enacting that before any Comptroller's warrants or
Treasurer's certificates, issued prior to July 1, 18'1, be re-
ceived for taxes or paid by the Treasurer, the same shall be
submitted to a commission, to consist of the Comptroller.
Treasurer and Attorney-General, to examine into their genu-
ineness.
LICENSES.
As.no inconsiderable portion of our revenue is derived from
licenses, I suggest that the collection of this tax would be
greatly simplified and rendered more certain of collection, if
the tax on all licenses expired on a certain day to be fixed by
law. Those taking out licenses before that day to pay a proper
pro rata share of the annual license according to the number of
months intervening between the date of license and the expi-
ration of the license year.
CENSUS AND APPORTIONMENT.
The Constitution, Section one, Article thirteen, is as follows:
The Legislature shall in the year one thousand eight hun-
.dred and seventy-five, and every tenth year thereafter, cause
an enumeration to be made of all the inhabitants of the State,
and they shall then proceed to apportion the representation-
among the different counties, giving to each county one Rep-
resentative at large, and one additional to every one thousand
registered voters therein; but no county shall be entitled to
more than four Representatives. The Legislature shall, also,
after every such enumeration, proceed to fix by law the num-
ber of Senators which shall constitute the Senate of Florida,

52

and which shall never be less than one-fourth, nor more than
one-half of the whole number of the Assembly." Such an
enumeration has been made, and the record of the same de-
posited in the Secretary-of the State's office. It is the pre-
vailing opinion, based upon evidence, that the work in many
of the counties was inefficiently performed. Whatever inaccu-
racies there may be, it rests with the Legislature to consider
that portion of the Constitution already quoted, which renders
it their duty to fix by law the representation among the dif-
ferent counties, and the number of Senators which shall con-
stitute the Senate of Florida.
LANDS SOLD TO THE STATE FOR TAXES.
Under the provisions of Section 51 of Chapter 1,976, and
Section 59 of the Statute, the State holds a number of certi-
ficates of land sold for taxes. What disposition is to bU made
of said lands is a question requiring the attention of the Leg-
islature. If some steps are not taken, many persons might
refuse to pay their taxes, and still remain in possession of
such lands, and the profits arising from the cultivation thereof,
while the State would be without the revenue properly arising
therefrom. I would respectfully suggest the propriety of
passing a law allowing the former owners of said lands, or
persons interested therein, until October 1, 1877, to pay the
original tax with eight per cent. interest from the'time it
was due, and thus be restored to their titles to said lands; in
default thereof, for the title to such lands to at once be vested
in the State, and they be placed upon the game footing as other
State lands.
CRIMINAL PROSECUTIONS.

You cannot give too much attention to the subject of the ex-
penses of criminal prosecutions. In no field is there greater, if
so great, need for reform. It will be seen from the accompany-
ing report of the Comptroller that the expense of jurors and
witnesses for the year 1876 will be at least $60,000, and that in
the years 1874 and 1875 it was $50,070.19 and $52,989.68. To
mention these items is to suggest how earnestly you should
take hold of the question and correct the evils attending it, in
so far as legislation can reach them. When we remember that

53

this expense of jurors and witnesses equals one-third of the
whole cost of the State government, excluding that of sessions
of the Legislature, we cannot fail to appreciate the necessity
for a thorough investigation of the subject.
JUSTICES OF THE PEACE.
Section 15 of Article 9 of the Constitution, as amended, pro-
vides that the Governor may appoint as many justices of/the
peace as he may deem necessary," and that in criminal cases
their powers shall be fixed by law." Section 9, of the same
Article, gives to the Circuit Court jurisdiction of all criminal
cases, except such as may be cognizable by inferior courts.
Section 11, of the same Article, provides that County Judges
shall exercise the "criminal jurisdiction of justices of the
peace." Considering the different parts of the Constitution
bearing upon the subject of the Courts, and their criminal
jurisdiction, we necessarily conclude that the framers of that
instrument contemplated that the Legislature should take
such action as would vest in the justices of the peace that
jurisdiction and power in criminal cases which the necessities
of the people, considered with reference to society and good
order, require. If the Legislature will enact such laws as will
provide for each county, a tribunal composed'of one or more
Justices of the Peace, for the speedy'trial of persons charged
with minor offences against the law, great expense can be
saved to the people. Of course every necessary legal protec-
tion should be given to the citizen charged with crime, but, at
the same time, it is due to the people that they should not be
taxed to pay jail-board and other expenses incident to con-
tinued incarceration, when it can be avoided by constitutional
legislation, and without injustice to the prisoner. I shall en-
deavor in making the appointments of Justices of the Peace,
to select such persons as have sufficient intelligence and ability
to perform, with satisfaction to all, the duties of the office, as
the same may be prescribed by law.' Such a tribunal would
not, of course, dispense with the necessity for Justices to ex-
ercise the usual powers of investigation and commitment.
Considerable expense in the matter of mileage, as well as

54

otherwise, might be saved by dividing the counties into dis-
,tricts, and assigning one or more Justices to each District.
Some change should be made in the law now existing in re-
lation to the attendance upon Court of witnesses in criminal
cases.
I would suggest that paragraph 3, Section 1, Chapter 1,
Thompson's Digest, pages 519-20, be so amended that all wit-
nesses in criminal cases whose testimony should be deemed
important by the magistrate before whom an investigation
takes place, should be bound in their personal recognizance to
appear before the Court where the trial is to take place; and
in default of so doing, that they be subject to attachment and
punishment as for contempt.
As the law now stands they cannot be required to give bail
for their appearance, but their personal bond only. This, in
the most numerous class of witnesses, is wholly ineffectual to
compel their attendance, as in all cases of insolvency the
judgment upon a forfeiture of their bonds would be worthless
to the State as a compensation for the expense of bringing
them before the Court upon another subpoena.
Under the present practice a witness summoned before
the grand jury is discharged after they have examined him,
and if they find a bill against the accused' the witness is re-
subpoenaed to attend the .trial of the case before the Court.
Thus it will be seen that in many cases three subpoenas are is-
sued instead of one, with the additional mileage of officers,
costs of writs, copies and service ; and in most cases two in-
stead of one. It is supposed that the laws on this subject can
be so amended or framed as to compel the attendance of wit-
nesses in all criminal cases upon one instead of two or more
writs, with a saving to the State of all expense additional to
what may be actually necessary. The law should be so framed as
to require that when a witness is once summoned or bound to
attend a court for the investigation or trial of any criminal
case, he should not depart the same without leave, under pain
of being held in contempt. This is so now in cases where in-
formations or indictments have been found, and witnesses
summoned to attend and testify at the trial.

55

INTERNAL IMPROVEMENT FUND.
I invite your attention to the report of the Commissioner of
Lands and Immigration, as well as the report of the Salesman
and Treasurer of the Internal Improvement Fund, and that of
the Board of Trustees through their Secretary. The Commis-
sioner presents a very encouraging statement with regard to
the increase of population in the past few0 years, and the in-
creasing interest manifested by citizens of the States in respect
to Florida. The subject of immigration is one of the highest
importance, and any measures which will promote an increase
of population should receive your favorable consideration, if
they lie within the measure of your ability.
The report of the Salesman shows a considerable increase in
the quantity. of land sold during the past year over that of the
year previous. This is gratifying as indicating a larger area
appropriated to settlement and cultivation. As the Internal
Improvement and Swamp Lands are vested by law in the
Board of Trustees, no legislation is needed with respect to the
manner of disposing of them, and it is hardly necessary to do
more than to call your attention to the reports. Inasmuch,
however, as the State has at least a reversionary interest in
these lands, and in view of the fact that certain attempted sales
by the Trustees have been set aside by the United States Court
as illegal, it would be well for the Legislature to look into the
past transactions of the Board, and see if they have in any
matter transcended or mistaken their authority to the injury
o-f the present or prospective interests of the State of Florida.
ELECTION AND REGISTRATION LAWS.
It is confidently believed by a great many of our people
that under the present election and registration laws, numbers
of persons under twenty-one years of age register and vote,
and that about as many vote at least twice under different
names. If practicable, there should be an entire re-registra-
tion of the legal voters of the State, under such regulations as
to proof of residence and age as may be just and proper.
Counties should be divided into election districts, and no man
Should be allowed to vote out of the district in which he re-
sides

566

ROADS AND ROAD LAWS.
I find great dissatisfaction andi complaint as to, the condi-.
tion of the roads in many of the counties. Nothing is of'
greater importance to an agricultural community than good
roads. The basis of the dissatisfaction is twofold: inatten-
tion to an enforcement of road duties, and the imperfection of
the present road la. The statutes upon this subject, at least
in so far as keeping up the roads is concerned, are compli-
cated and almost impracticable. I recommend the adoption
of some simple system or plan by which those subject to road
duty can be made to perform it, and the officers in charge of
the matter held to a strict accountability. County and Road.
Commissioners will owe it to their people to give careful at-
tention to the subject. The material prosperity of many com-
munities, it is believed, will be greatly enhanced by atiefficient
road system.
PUBLIC SCHOOLS.
The general dissemination of knowledge is a fundamental
principle in a representative form. of government, based upon
universal suffrage. The- sentiment that education and other
privileges are suited to the- few and not to the many, is not of'
this land of freedom, but is.of'foreign birth and monarchical
parentage.
The very existence of our republic depends upon the intel-
ligence and moral sentiment of those who exercise the right of
suffrage. The experience of all civilized nations has demon-
strated that it is cheaper to build school-houses and maintain
schools, than to build poor-houses and jails.and support paupers.
and criminals. Those opposed to free schools, claim that it is
unjust for the tax-payer to. furnish. means to educate the-
children of the non-tax-payer. Is it a greater hardship to pay
tax to establish schools and! prevent crime, than to pay a
greater tax to build' penitentiaries and punish criminals ? The
public free school system is no longer an experiment in those
States where it has long been. established and its successful
operation fully demonstrated.
Now that a very large constituent element of our population.
is. released from bondage andl entrusted with, the power of

57

the ballot, a system of free schools has become a means of
self-preservation. To educate the colored race and fit them to
exercise the privilege of voting intelligently-to perform all the
sacred rights of freemen, to enjoy their liberty, .to become
wise and good citizens-imposes upon us a task to perform, a
responsibility from which we cannot escape. Then let us set
about the work cheerfully. Our public school system, though
a good one in the main, is not without its faults and imperfec-
tions, among which may be named a tendency in its practical
working to draw an undue portion of the funds to the towns
and more densely populated localities, while the sparsely
settled and remote portions of the large counties are deprived
of the benefits. A plan is now under consideration which,
it is believed, will lessen, if not remove, that defect.
Other slight changes with a view of lessening the expense
of operating and increasing the fund for distribution may
be made when it can be done to advantage. But where
there can be no change without crippling or destroying
the efficiency of the system, no. change should be attempted
There has been more injustice done by failure to comply with
and faithfully carry out the provisions of the law than from
any defect of the system itself. Section 13, paragraph 6 of
the Common School Law requires the Superintendent of Pub-
lic Instruction to apportion, annually, the interest on the
Common School Fund, and the fund raised by the one mill tax
authorized by Sections 4 and 5 of Article 8 of the Constitu-
tion, among the several counties of the State, in proportion to
the number of children residing therein between the ages of
four and twenty-one years. General provisions on schools,
Section 38, provide that it shall be the duty of the Tax As-
sessor of each county, at the time of assessing the taxes of his
county, to take the census of all the children of the county
between the ages of four and twenty-one. It appears from
the accompanying report of the Superintendent of 'Public
Instruction, that the census has not been taken since 1873.
The work was begun in 1876, but not completed. The census
records of twenty-three counties only are found in the office of
the Department.
There must have been a large increase of scholastic popula-

58

tion since 1873, consequently an apportionment made on
74,228, the number at that time, is incorrect.
PEABODY FUND.
The sum of $6,000 has been set apart by Dr, Sears, the
"Agent, and will be distributed to certain schools named in the
report of the Superintendent, on condition that the schools at
the end of the term, have complied with the established re-
quirements of the Board of Trustees and General Agent.
This should stimulate the schools thus favored to greater
exertion in order to secure the benefit of this liberal donation.
The tabular statement appended to the report of the Superin-
tendent, indicates progress in the system between the years of
1870 and 1875; 1876 is not included, but it shows great im-
perfections in organization. Dade county has never had a
school, and there have been great irregularities in many other
counties.
UNIFORMITY OF TEXT BOOKS.
Every experienced teacher knows that a uniformity of text
books is.necessary to classification, and that classification is
essential to satisfactory progress.
A uniform series of text books throughout the State is a de-
sideratum which though attained with great difficulty should be
kept constantly in view until finally accomplished. Normal
schools are indispensable to a complete system of education, but
the paramount object should be first to establish common schools
in every county, and put them in good working order, and then,
if the financial condition of the State will warrant, establish one
or more normal schools.
AGRICULTURAL COLLEGE.
Section 12 of an act approved February 18, 1870, and
amended 1872, to establish an Agricultural College, provides
that the Trustees shall, within the time prescribed by Congress,
determine upon the location of the College at some healthy and
conveniently accessible point, which location shall be as near
the centre of the State as possible.
At a meeting of the Board of Trustees held at Tallahassee,
March 7th, 1875, a committee was appointed for the purpose of

59

examining proposed locations for the College. On the first day
of May following the report of the Committee favoring Messrs.
Gleason and Annos' proposed location, the only one submitted,
was presented to the board. Subsequently the board accepted
said location, and established the State Agricultural College at
Eau Gallie.
An Executive Committee was created and authorized by the
Board to proceed with the erection of suitable buildings car-
rvin! out the design.
The accompanying report of General TYarum. who had charge
of the work. shows what progress has been made.
I would recommend that a Committee be appointed to in-ve.-
tigate the action of the Board generally. and the matter of the
location especially, to ascertain if the law has been complied
with and, the location of the College is healthy, conveniently
accessible, and as near the centre of the State as possible.
CONCLUSION.
I have thus presented for consideration some questions of in-
terest to the people. Remember that retrenchment and its neces-
"sary concomitant, low taxation, go hand in hand; and with you
rests the responsibility of securing this desirable and neces-
sary result. The people look to you to lighten their burthens
at the earliest possible moment, and thus invigorate the gen-
eral prosperity by giving confidence and allowing labor its
just reward. You are clothed by them with responsible trusts,
and I can but hope you will meet their just expectations. Let
us bury the passions of the past, and remembering only that
we are Floridians, work unitedly for the welfare and prosperi-
ty of her entire people. Liberality of sentiment and gener-
osity in action, will invite immigration and bring all classes to
realize the fact that we are one people, with one hope and one
destiny. That hope, Florida's prosperity; that destiny, let us
endeavor to shape for the common good.
Very respectfully,
GEO. F. DREW, Governor.

60

Which was read, and ordered to be spread upon the Journal.
The following message was received from the Senate:
SENATE CHAMBER,
TALLAHASSEE, January 10, 1877.1
Hon. G. G. MCWHORTER,
Speaker of the Assembly:
SIR: I am directed to inform you that the Senate has to-day
appointed the following committees to act with like committees
to be appointed by the Assembly:
Committee to visit and inspect the State Prison, and for
other purposes-Messrs. Walker, Orman and Ferguson.
-Committee to examine the offices of Comptroller of Public
Accounts and State Treasurer-Messrs. Brantley and Howell.
Respectfully,
ROBERT GAMBLE, Sec'y.
Which was read.
Mr. Harris of Monroe moved that the Assembly adjourn
until ten o'clock to-morrow;
Which was agreed to, and the Assembly adjourned.

S..... --- D~-----

THURSDAY, January 11, 1877.

The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names:
. Messrs. Alexander, Bass, Bishop, Bonner, Davidson, Dennis,
Dougherty, Eubank, Floyd, Ford, Gaskins, Gerganus, Gleason,
Grant, Harris of Monroe, Hoffman, Hocker, Jacobs, Jones,
Kimball, Knight, Larkins, Lassiter, Lee, Lesley, Long, Loper,
Martin of Suwannee, McAuley, McClellan, McKinne, Mizell,
Quarterman, Russell, Stanley, Stevens, Stone, Stripling, Till-
man, Townsend, Thompson of Leon, Thompson of Nassau,
Walker, Weeks, Williams, Witherspoon and Wofford-46.
A quorum present.
Prayer by the Chaplain.
Mr. Jones moved that the reading of yesterday's journal be
dispensed with;
Which was agreed to, and the journal approved.
On motion of Mr. Bishop, Mr. Cessna was excused until
Monday next from attendance on the Assembly.
Mr. Harris of Monroe offered the following resolution:
Resolved, That the Comptroller of Public Accounts is here-

61

by requested to furnish to this Assembly, without delay, a re-
port of any and all communications sent to him complaining of
money which has been improperly collected for taxes or reve-
nue, and which has not been paid into the Comptroller's office,
and whether, as appears from receipts in his office, such com-
plaints are true.
Which was read, and on motion adopted.
Mr. McClellan, Chairman of the Committee on Rules, made
the following report :
To THE HON. GEORGE G. MCWHORTER,
Speaker of the Assembly:
SIR: The Committee on Rules recommend the adoption
of the standing rules of the Assembly for the session of 1875,
with the following amendment to the fifty-third rule thereof,
in this : That there be appointed by the Speaker the following
addititional standing committees: A Committee on Appro-
priations" and one on Fisheries." All of which is respect-
fully submitted. J. F. McOLELLAN,
Chairman Committee on Rules.
Which was read, and, on motion, adopted.
The rule being suspended, Mr. McClellan offered the follow-
ing resolution:
Be it resolved, That so much of the Governor's message as
relates to the reception of engraved Comptroller's warrants by
Robert H. Gamble, late Comptroller of Public Accounts, to be
exchanged by him for warrants and certificates of a date prior
to February 18, 1870, and for those issued in payment of the
expenses of the session of the Legislature of 1870, be re-
ferred to a special committee of three, to be appointed by the
Speaker, for full investigation, and with full powers to send
for persons and papers, and to speedily report the result of
their investigations to this Assembly.
Which was read, and, on motion, adopted.

ORDERS OF THE DAY.
Senate bill No. 1:
A bill to be entitled an act to provide for the collection of
State taxes for the year 1876,
Was read the second time.
On motion of Mr. Harris of Monroe, the Assembly resolved
itself into a committee of the whole, for the consideration of
Senate bill No. 1-Mr. Russell in the chair.
After some time spent therein, the committee rose and re-
ported the bill back to the Assembly, and recommended its
passage without amendment.

62

Mr. Bishop moved that the bill be printed, and made the
special-order of the day for Monday next;
Which was not agreed to.
Mr. Lee moved that the rules be waived, and the bill read
the third time and put upon its passage;
Which was agreed to, and the bill read the third time and
put upon its passage.
.The vote was:
Yeas-Messrs. Alexander, Bishop, Bonner, Davidson, Den-
nis, Floyd, Ford, Gerganus, Gleason, Grant, Hoffman, Jones,
Kimball, Larkin, Lassiter, McClellan, Quarterman, Russell,
Stanley, Stevens, Stone, Stripling, Thompson of Leon, Thomp-
son of Nassau, Walker, Williams and Witherspoon-26.
Nays-Messrs. Bass, Cruse, Dougherty, Eubank, Gaskins,
Harris of Monroe, Hocker, Lesley, Loper, Martin of Suwan-
nee, McAuley, McKinne, Mizell, Tillman, Townsend and Wof-
ford-16.
So the bill passed, title as stated.
Ordered that the same be certified to the Senate.
The rule being suspended, Mr. Stripling introduced the fol-
lowing bill, viz:
Assembly Bill No. 12: To be entitled an act to prohibit
Collectors of Revenue from receiving Comptroller's warrants
or Treasurer's certificates issued prior to July 1, 1871, for
taxes, except in certain cases;
Which was read the first time, and referred to the Commit-
tee on the Judiciary.
Mr. Hocker presented the following communication from
the Hon. Wm. Archer Cocke:
TALLAHASSEE, FLA., January 10, 1877.
Hon. G. G. McWHORTER,
Speaker of the Assembly:
SIR-I have the honor of acknowledging the receipt of the
following preample and resolution, adopted by the Assembly
of the State of Florida, on January the 9th:
WHEREAS, Information is desired by this Assembly in re-
gard to the action of the late Board of Internal Improvement
of this State, touching its management and disposition of the
Internal Improvement Fund of the State, and especially in
regard to its order of the 18th of December, ult., allowing
professional fees to H. Bisbee, Jr.: therefore, be it
Resolved, That ex-Attorney-General Wm. ArcherCocke be
requested to furnish this Assembly with such information as
he may possess bearing upon these matters, at his earliest con-
venience;
In response to the above resolution, permit me to say:
V

63

The Hon. C. H. Foster, the late Treasurer of the State, pre-
sented to me a copy of an order of the Supreme Court of the
United States, in the case of the State of Florida and the Board
of Trustees of the Internal Improvement Fund vs. Edward C.
Anderson and others.
From the said order I make the following extract, in the
handwriting of Mr. Foster:
"1 It is further ordered that the balance of moneys in the reg-
istry of the Court be paid by the Register to the Treasurer of
the State of Florida, to be disposed of according to the trusts
that have been, or may be, declared of and concerning the same
by the Supreme Court of Florida, or other Court of said State
having jurisdiction of the premises."
I did not know for what special purpose Mr. Foster con-
sulted me on a question so plain as his duty under the said
order, but made a memorandum, of which the following is a
copy:
No money belonging to this fund can be paid by the Treas-
urer, except on an order of the Supreme Court, or other Court
having jurisdiction of the premises, and I can only decide as to
the force of such order as it may be presented to me for exami-
nation.
[Signed] WILLIAM ARCHER COCKE.
Attorney-General."
Mr. Foster called on me again for my views, and I presented
to him the above memorandum. He said to me if the Board of
Trustees ordered him to pay the money received under the said
order of the Supreme Court of the United States over to them,
or to pay it to their order,what was his duty? I replied I could
not suppose the Board would pass any order in relation to it, as
he received it from the registry of the Supreme Court of the
United States, to be paid out only under the order of the Su-
preme Court of the State, or other Court of the State having
jurisdiction of the fund.
On further conversation, I said if the Board of Trustees made
any order requiring him as Treasurer of the Board to pay the
money referred to to them, that it was his duty to refuse to
obey any such order, as it would be in all respects illegal;
that is, was money arising from the operation of the J. P. &.
M. Railroad placed in his hands as Treasurer of the State,
and that as Treasurer of the Board of Internal Improvement
he could not violate the order of the Supreme Court of the
United States which had directed under what authority he
should hold the money, and by what authority he was to pay it
out.
At a meeting of the Trustees of the Internal Improvement
Fund, held December 19, 1876, I was not present, and was

64

surprised when I ascertained at the next meeting of the Trus-
tees, that they had actually passed an order in relation to the
said money, in which order, is the following extract, after a
short preamble explaining but imperfectly the character of the
fund. I copy from the record of the Board of Trustees, page
335: "It is hereby ordered that Charles H. Foster, the
Treasurer aforesaid, upon the receipt of the said fund and
monies, do charge himself with the same, as Treasurer of this
Board, and pay out the same upon the order of this Board."
At this meeting it was ordered that H. Bisbee, Jr. be paid
$24,023.04 out of this fund. As soon as I ascertained the ac-
tion of the majority of the Trustees, I again repeated to Mr.
Foster that it was absolutely a violation of the order of the
Court, and extremely illegal for him to obey the order of the
majority of the Trustees in the face of the order of the Court,
and urged him to promise me that he would not pay the money
under the said order of the Board of Trustees.
I could obtain no satisfactory promise from Mr. Foster. I
said to him, he would make himself responsible if he violated
the order of the Court, and that I would appeal to the Courts
to prevent a misapplication of the fund.
I was extremely engaged with many business transactions,
and requested a friend in my office to draw a bill for an in-
junction restraining the payment of this fund under the order
of the Board. Mr. Foster informed me, on the 1st as well as
the 2nd of January, 1877, that he was expecting the fund but
had not received it. On the 2nd of January, 1877, the bill.
was presented to the Hon. P. W. White, in my office of Attor-
ney-General, and he granted an order restraining the said
Foster from paying over any of the said funds that he has.re-
ceived.or may receive from the Register of the Supreme Court
of the United States.
The bond required by the Court was also approved on the
2nd of January, 1877, and the writ issued oni that day.
Mr. Foster informs me that he did not vote on the distribu-
tion of the fund. The amount received from the registry of
the Court, as appears by the receipt of Mr. Foster, was $32,-
496.85, by check on United States Treasurer, and two certifi-
cates of the Comptroller of the State of Florida-one for
$286.50, and one for $2,021.50.
The fund has been enjoined, and is in the hands of the Treas-
urer. The necessity of the injunction' is apparent from the
fact that a majority of the Board of Trustees voted to appro-
priate nearly all of it to the payment of heavy fees not allowed

65

according to the order of any Court having jurisdiction of the
matter, as far as I can ascertain.
I have the honor to be, most respectfully,
WM. ARCHER COCKE, Ex-Att'y Gen.
Which was read and ordered to be spread upon the Journal.
The Speaker announced the following committee, under
a resolution to appoint a committee of three to investigate
the subject matter of the Governor's message in reference to
the receipt of engraved Comptroller's warrants by Robert
Gamble, late Comptroller of Public Accounts, viz: Messrs.
McClellan, Bishop and Stripling.
The rule being suspended, Mr. Dougherty moved that five
hundred copies of the Governor's message be printed in slip
form for the use of the Assembly.
Upon which motion the yeas and nays being called for, the
vote was:
Yeas-Mr. Speaker, Messrs. Bass, Bishop, Dougherty,
Floyd, Gaskins, Gerganus, Harris of Monroe, Hoffman, Hock-
er, Jones, Kimball. Larkins, Lassiter, Long, McAuley, Mc-
Clellan, Russell, Stanley, Stevens, Stone, Thompson of Nas-
sau, Walker, Williams and Wofford-25.
Nays-Messrs. Alexander, Bonner, Cruse, Davidson, Eu-
bank, Ford, Grant, Jacobs, Lee, Lesley, Loper, Martin of Su-
wannee, McKinne, Mizell, Quarterman, Stripling, Tillman,
Townsend, Thompson of Leon and Witherspoon-20.
So the motion was agreed to, and the printing of 500
copies of the Governor's message ordered.
The rule being suspended, Mr. Thompson of Leon moved
that Mr. Cruse be excused for three days;
Which was not ageed to.
Mr. Long moved that Mr. Witherspoon be excused for three
days;
Which was agreed to.
On motion of Mr. Alexander, the Assembly took a recess
until 4 o'clock P. M. to-day.

FOUR O'CLOCK, P. M.
The Assembly resumed its session.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Alexander, Bass, Bishop, Bonner,
Davidson, Dougherty, Eubank, Gaskins, Gerganus, Grant,
Harris, Hoffman, Hocker, Jacobs, Jones, Kimball, Knight,
Larkins, Lassiter, Lee, Lesley, Loper, Martin of Suwannee,
McAuley, McClellan, McKinne, Mizell, Quarterman, Russell,
5a

66

Stanley, Stevens, Stone, Stripling, Tillman, Townsend, Thomp-
son of Leon, Thompson of Nassau, Walker, Williams and
Witherspoon-41.
A quorum present.
The rule being suspended, Mr. McClellan introduced the fol-
lowing bill, viz :
Assembly bill No. 13:
To be entitled an act to Procure a Legal Canvass of the
Electoral Vote of the State of Florida as Cast at the Election
on the 7th day of November, A. D. 1876;
Which was read the first time.
Mr. Dennis moved that the bill be referred to the Committee
on Privileges and Elections;
Which was not agreed to.
Mr. Harris of Monroe moved to suspend the rule and the bill
be placed upon its second reading;
Upon which the yeas and nays were called for.
The vote was:
Yeas-Mr. Speaker, Messrs. Bass, Bishop, Dougherty, Eu-
bank, Gaskins, Gerganus, Harris, Hocker, Kimball, Knight,
Larkins, Lassiter, Loper, Martin of Suwannee, McAuley,
McClellan, McKinne, Mizell, Russell, Stanley, Stevens, Stone,
Townsend, Thompson of Nassau, Walker, Williams and Wof-
iord-29.
Nays-Messrs. Alexander, Bonner, Davidson, Dennis, Grant,
Hoffman, Jacobs, Lee, Quarterman, Stripling, Tillman and
Thompson of Leon-12.
So the motion was agreed to, and the bill read the second
time.
Mr. Dennis moved to strike out sections 1 and 2 of the
bill;
Upon which the yeas and nays were oalkd for.
Mr. Bishop moved that the Assembly do now adjourn;
Which was not agreed to.
The vote was then taken upon Mr. Dennis' motion to strike
out sections 1 and 2 of the bill, and was:
Yeas-Messrs. Alexander, Bonner, Davidson, Dennis, Grant,
Hoffman, Jacobs, Lee, Quarterman, Tillman and Thompson-
11.
Nays-Mr. Speaker, Messrs. Bass, Bishop, Dougherty, Eu-
bank, Gaskins, Gerganus, Harris of Monroe, Hocker, Jones,
Kimball, Knight, Larkins, Lassiter, Lesley, Loper, Martin of
Suwannee, McAuley, McClellan, McKinne, Mizell, Russell,
Stanley, Stevens, Stone, Stripling, Townsend, Thompson of
of Nassau, Walker, Williams and Wofford-31.
So the motion was not agreed to.
Mr. Dennis moved that the bill be referred to the Committee
on Railroads;

9

Up-.n which the yeas alid nays were called for.
The vote was :
Yeas--Messrs. Alexander, Bonner, Davidson, Dennis, Grant,
Hoffmas, Jacobs, Quarterman and Thompson of Leou-10.
Xays-Mr. Speaker, Messrs. Bass, Bishop, Dougherty, Ea-
bank, Gaskins, Gerganus. Harris of Monroe. Hocker, Jones,.
Kimball, Knight, Larkins. Lassiter, Lee, Lesley, Loper, Martin
of Suwa!,nee, McAuley, McClellan, McKinne, Mizzell, Russell.
Stanley, Stevens, Stone, Tillman, Townsend, Thompson of
Nassau, Walker, Williams an'd Wofford--32.
So the motion was not agreed to.
Mr. Lee moved that the Assembly adjourn;
Upon which the yeas and nays were called for.
The vote was:
Yeas-Messrs. Alexander, Bonner, Davidson, Dennis, Ford,
Grant, Hoffman, Jacobs, Lee, Quarterman, Stripling, Tillman
and Thompson of Leon-13.
Nays--Mr. Speaker, Messrs. Bass, Bishop, Dougherty, Eu-
bank, Gaskins, Gerganus. Harris of Honroe, Rocker, Jones.
Kimball, Knight, Larkins, Lassiter, Lesley, Loper, Martin of
Suwannee, McAuley, McClellan. McKinne, Mizell, Russell.
Stanley, Stevens, Stone. Townsend, Thompson of Nassau.
Walker, Williams and Wofford-30.
So the motion was not agreed to.
Mr. Dennis moved that the whole matter lay on the table;
Upon which the yeas and nays were called for.
The vote was:
Yeas-Messrs. Alexander, Bonner, Cruse, Davidson, Den-
nis, Ford, Grant, Hoffman, Jocobs, Lee, Quarterman, Strip-
"ling, Tillman and Thompson of Leon-14.
Nays-Mr. Speaker, Messrs. Bass, Bishop, Dougherty, Eu-.
bank, Gaskins, Gerganus, Harris of Monroe, Hooker, Jones-
Kimball, Knight, Larkins, Lassiter, 'Lesley, Loper, Martin
of Suwannee, McAuley, McClellan, McKinne, Mizell, Russell,
Stanley, Stevens, Stone, Townsend, Thompson of Nassau,
Williams and Wofford-30.
So the motion was not agreed to
Mr. Alexander moved that the Assembly adjourn;
Upon which the yeas and nays were called for.
The vote was:
Yeas-Messrs. Alexander, Bonner, Cruse, Davidson, Den-
nis, Ford, Grant, Hoffman, Jacobs, Knight, Lee, Quarterman,
Stripling, Tillman and Thompson of Leon-15.
Nays-Mr. Speaker, Messrs. Bass, Bishop, Dougherty,
Eubank, Gaskins, Gerganus, Harris of Monroe, Hocker, Jones,
Kimball, Larkins, Lassiter, Lesley, Loper, Martin of Su-
wannee, MeAuley, McClellan, McKinne, Mizell, Russell, Staa-

68

ley, Stevens, Stone, Townsend, Thompson of Nassau, Walker,
Walker, Williams and Wofford-29.
.So the motion was not agreed to.
"M.r. Harris of Monroe moved that the bill be engrossed for
a third reading on to-morrow, and called for the previous ques-
tion.
Upon the question? Shall the main question be ordered
the yeas and nays were called for.
The vote was:
Yeas-Mr. Speaker, Messrs. Bass, Bishop, Eubank, Gerga-
nus, Harris of Monroe, Hocker, Jones, Kimball, Knight, Lar-
kins, Lassiter, Loper, Martin of Suwannee, McAuley, McClel-
lan, McKinne, Mizell, 'Russell, Stanley, Stevens, Townsend,
Thompson of Nassau, .Walker, Williams and Wofford-26.
Nays-Messrs. Alexander, Bonner, Cruse, Davidson, Dennis,
Dougherty, Ford, Gaskins, Grant, Hoffman, Jacobs, Lee, Lesley,
Quarterman, Stone, Stripling, Tillman and Thompson of Leon
-18.
So the main question was ordered.
Upon which the yeas and nays were called for.
The vote was:
Yeas-Mr. Speaker, Messrs, Bass, Bishop, Dougherty, Eu-
bank, Gaskins, Gerganus, Harris of Monroe, Hocker, Jones,
Kimball, Knight, Larkins, Lassiter, Lesley, Loper, Martin of
Suwannee, McAuley, McClellan, McKinne, Mizell, Russell,
Stanley, Stevens, Stone, Townsend, Thompson of Nassau,
Walker, Williams and Wofford-30.
Nays-Messrs. Alexander, Bonner, Cruee, Davidson, Dennis,
Ford, Grant, Hoffman, Jacobs, Lee, Quarterman, Stripling,
Tillman and Thompson of Leon-14.
So the main question was agreed to, and the bill ordered to
be engrossed for a third reading on to-morrow.
Mr. Knight, Chairman of the Committee on Engrossed Bills,
.made'the following report:
ASSEMBLY HALL,
TALLAHASSEE, FLA., January 11, 187.1
Hon. G. G. McWHORTER,
Speaker of the Assembly :
Smi: Your Committee on Engrossed Bills, to whom was re-
ferred Assembly bill, entitled an act to amend the Second,
Twenty-Ninth, Thirty-Fifth, Thirty-Sixth, Fifty-Eighth and
Sixty-Eighth Sections, and repealing the Fifty-Third and Fifty-
Fourth Sections of an act efititled an act relating to Proceed-
ings before Justices of the Peace and Payments of Justices'
Courts, approved February 27, 1875, have examined the same
and find it correctlyy engrossed.
Respectfully reported,
M. A. KNIGHT, Chm'n.

69

Which was read and ordered to be spread upon the journal,
and the accompanying bill placed among the orders of the day.
Assembly Bill No. 1:
To be entitled an act to amend the 2d, 29th, 35th, 36th,
55th and 58th sections, and repealing the 53d and 54th sec-
tions of an act entitled an act relating to proceedings before
Justices of the Peace and judgments of Justices' courts, ap-
proved February 27, 18'5,
Was read the third time, and put upon its passage.
The vote was:
Yeas-Messrs. Alexander, Bass, Bishop, Bonner, Davidson,
Dougherty, Eubank, Gaskins, Gerganus, Grant, Harris
of Monroe, Hoffman, Hocker, Jacobs, Jones, Kimball,
Knight, Larkins, Lassiter, Lee, Lesley, Long, Loper, Martin
of Suwannee, McAuley, McClellan, Mizell, Quarterman, Rus-
sell, Stanley, Stevens, Stone, Stripling, Tillman, Townsend,
Thompson of Leon, Thompson of Nassau, Walker, Williams
and Wofford-40.
Nays-Mr. Cruse-1.
So the bill passed-title as stated.
Ordered that the same be certified to the Senate.
Mr. Hocker offered the following resolution:
Resolved, That so much of the Governor's message as refers
to the Penitentiary be referred to a special committee, and
that it be requested to consider the suggestions therein made,
and to report at the earliest practicable moment, by bill or
otherwise, what action the Legislature should take in the
premises;
Which was read.
Mr. Jacobs moved that the Assembly adjourn until 10
o'clock, A. M., to-morrow;
Which was agreed to, and the Assembly adjourned.

--------^*~-0-------

FRIDAY, January .12, 1877.

The Assembly met pursuant to afljournment.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Alexander, Bass, Bishop, Davidson,
Dougherty, Eubank, Floyd, Ford, Gaskins, Gerganus, Grant,
Harris of Monroe, Hoffman, Hocker, Jones, Kimball, Knight,
Larkins, Lassiter, Lesley, Loper, Martin of Suwannee, McAu-

70

ley, McClellan, McKinne, Mizell, Quarterman, Russell, Stanley,
Stevens, Stone, Stripling, Tillman, Townsend, Thompson of
Leon, Thompson of Nassau, Walker, Weeks, Williams and
Wofford-41.
A quorum present.
Prayer by the Chaplain.
Mr. McKinne moved that the reading of. yesterday's journal
be dispensed with;
Which was agreed to, and the journal approved.
Mr. Knight moved that Mr.. Gerganus have leave of absence
until Monday next;
Which was agreed to.
Mr. Stripling moved that Mr. Lee be excused on account of
sickness;
Which was agreed to.
Mr. McClellan, Chairman of the Judiciary Committee, made
the following report:
HON. G. G. MOWIORTER,*
Speaker of the Assembly:
SIR-Your committee would respectfully report that they
have fully considered Assembly bill No. 3, and that they find
the amendment it proposes unnecessary, and report that it do
not pass.
J. F. McCLELLAN, Ch'n.
Which was read, and the accompanying bill placed among
the orders of the day.
Mr. Bishop offered the following as the majority report of
the Committee on Privileges and Elections relative to the con-
tested election from the county of Escambia:
To THE HON. G. G. MCWHORTER,
Speaker of the Assembly:
The undersigned, members of your Committee on Privileges
and Elections, respectfully present the following
REPORT
on the cases of S. R. Mallory against Peter Davidson, and
Wm. L. Williams against J. G. Hoffman, from Escambia
county.
According to the return on file in the office of the Secretary
of State, Peter Davidson received 1,577 votes, S. R. Mallory
received 1,423 votes, J. G. Hoffman received 1,589 votes, Wm.
L. Williams received 1,428 votes.
On this return, the respondents were admitted to seats in
this Assembly.
Your committee were unanimous in the opinion that all the

71

testimony introduced by the contestants, tending to prove in-
timidation, irregularity in registration and the voting of non-
residents was of too indefinite a character to influence their
decision.
It was proved before your committee, however, that all ex-
cept eight or ten of the persons who voted at Nix's Precinct,
in said county, resided on the Naval Reservation, and that two
of the Inspectors and the Clerk of election at said precinct were
likewise residents on said Reservation. The contestants main-
tain, on this ground, that the election held at said Nix's Pre-
cinct was illegal. It is in testimony before your committee
that 224 votes were cast at said precinct for the Republican
candidates and 55 for the Democratic candidates. It seems
plain, therefore, that if no person residing on said Naval Res-
ervation is a qualified elector of the State of Florida, the con-
testants are entitled to seats in the Assembly. But the under-
signed, members of your committee, are not convinced that the
Constitution and laws of the State deny to persons residing on
said Reservation the enjoyment of the elective franchise, and,
therefore, they are not.prepared to report that, in their opinion,
the contestants have established their claim to seats in the As-
sembly. P. P. BISHOP,
J. N. STRIPLING,
JOSEPH E. LEE.
Which was read.
Mr. Dougherty offered the following minority report of the
Committee on Privileges and Elections:
To THE Hoa. GEORGE G. McWHORTER,
Speaker of the Assembly :
The undersigned, members of your Committee on Privileges
and Elections, beg leave to present the following minority re-
port in the cases of S. R. Mallory against Peter Davidson and
William L. Williams against John G. Hoffman, contested elec-
tion from Escambia county.
That we concur in the report of the majority of your com-
mittee, except in that part of said report which refers to the
election held at Nix's Precinct, in Escambia county, on the Tth
day of November, A. D. 1876.
From the testimony introduced before your committee on
the part of the contestants, and not denied by the respondents,
it appears that 279 votes were polled at said precinct on said
7th day of November, A. D. 1876, and that 224 of said votes
were cast for the respondents and 55 of said votes for the con-
testants.
Further, from said testimony it appears that the persons who
cast said 279 votes were residents on the Naval Reserve of the
United States, with the exception of eight or ten, and that two

72

of the Inspectors and the Clerk of election held at the said
precinct on the 7th day of November, A. D. 1876, were also
residents on said Naval Reserve of the United States.
We are of opinion that the persons who reside upon this
Naval Reserve of the United States are not citizens of the
State of Florida, consequently not qualified electors of said
State.
We think this opinion is sustained by the weight of legal de-
cisions upon this point; and from the testimony of E. A.
Perry, a practicing attorney of Pensacola, Judge Frazer,
United States District Judge, in and for that district, decided
that persons living on said Naval Reserve were not qualified
jurors.
The Laws of Florida require that a man must be a qualified
elector in order that he may be a competent juror.
From the returns on ile in the office of the Secretary of
State we find the following to be the vote of Escambia county,
cast on the 7th day of November, A. D. 1876, for members of
the Assembly, to-wit: Peter Davidson, 1,577 votes; John G.
Hoffman, 1,589 votes; S. R. Mallory, 1,425 votes; Wm. L.
Williams, 1,428 votes.
If the vote cast at said Nix's Precinct, on said 7th day of
November, A. D. 1876, are not to be counted, as is recommended
by the undersigned, for the reason above stated, then the con-
testants received a majority of the votes polled in Escambia
county on the 7th of November, A. D. 1876, for Assemblymen.
Therefore, we recommend the adoption of the following res-
olution :
That Stephen R. Mallory and Wm. L. Williams are entitled
to the seats in this Assembly now held by Peter Davidson and
John G. Hoffman.
JOHN H. McKINNE, Chm'n.
CHARLES DOUGHERTY.
Which was read.
Mr. Grant moved the adoption of the majority report.
Mr. McClellan moved as a substitute the adoption of the
minority report.
Mr. Cessna moved that the further consideration of the re-
ports be postponed, and made the special order for Monday
next;
Which was agreed to.
A committee from the Senate, consisting of Messrs. Cottrell,
Meacham and Johnson, appeared at the bar of the Assembly,
and informed the Assembly that Messrs. Cottrell and McKin-
non were appointed on part of the Senate on the Joint Enrol-
ling Committee as required by the joint rules.
The rule being suspended, Mr. Dennis offered the following
resolution:

73

WHEREAS, On Wednesday, the 3d day of January inst., a
committee of five members was appointed by this body for the
following purpose, viz:
To investigate the rumors being rife throughout the State,
reflecting upon the honor and dignity of certain members of
this body, to-wit: the members of Alachua, of bribery, forgery
and corruption during the late elections, and connected there-
with, and report to this body; and whereas, no report has yet
been made to this body by the said committee, and no notice
has been given by the said committee to the said members of
Alachua of any proceedings taken, or to be taken, by the said
committee in pursuance of said resolution; therefore, be it
Resolved, That the said committee be and they are hereby
required to report progress to this body at once; and further,
that the said committee shall notify the said members of
Alachua of the time and place, when and where, their investiga-
tion shall be begun and continued, and shall permit the said
members of Alachua to be present at such investigation in person
or by attorney and shall extend to them all usual and necessary
facilities for their proper defence;
Which was read.
Mr. Jones moved to.lay the whole matter on the table;
Upon which the yeas and nays were called for.
The vote was:
Yeas-Messrs. Gaskins, Jones, Lesley, McKinne, Mizell,
Stone and Walker-7.
Nays-Messrs. Alexander, Bishop, Bonner, Davidson, Den-
nis, Dougherty, Floyd, Ford, Grant, Gerganus, Harris, Jacobs,
Kimball, Larkins, Lassiter, McAuley, McClellan, Quarterman,
Russell, Stanley, Stevens, Stripling, Tillman, Townsend,
Thompson of Leon, Thompson of Nassau, Weeks and Williams
-31.
So the motion was not agreed to.
Mr. Harril of Monroe moved that the resolution be
adopted;
Which was agreed to.
Mr. Alexander moved that the Assembly adjourn until to-
morrow, 10 o'clock A. M.;
Which was not agreed to.
The following communication was received from the Hon.
C. A. Cowgill, Comptroller of Public Accounts: .
OFFICE OF COMPTROLLER,
TALLAHASSE, FLA., January 12, 18711.
Hon. G. G. Mc Whorter, Speaker of Assembly:
SIR: In answer to a resolution of the Assembly, adopted
yesterday, I have the honor to state that I have received only

74

one communication concerning revenue collected and not paid
over to the Treasury.
This was from Mr. William B. Brickell, of Dade county,
dated November 13, 1876, and refers to licenses collected by
Mr. Gleason, late Collector of Revenue of Dade county, in
1874.
In January, 1'877, Mr. Gleason paid to the State Treasurer
$107.50 on license account, and after this payment I showed
to Mr. Gleason the letter from Mr. Brickell and copies of re-
ceipts which accompanied the letter, and he made explanatory
statements upon these receipts, copies of which I transmit with
this communication. Very respectfully,
C. 'A. COWGILL,
Comptroller of P'vblic Accounts.
[Copy.]
"MIAMI, DADE COUNTY, Fla.,
October 2, 1874. J
Received this day of Wm. B. Brickell the sum of one hun-
dred dollars, on account of licenses for the State of Flor-
ida and the county of Dade.

W. H. GLEASON,
Collector of Revenve, Dade County, Florida.
Endorsed as follows, in January, 1877, by W. H. Gleason:
W. B. Brickell's license tax was for selling liquor:
State............................................ $50 (
County ........ ............... ... ..... ..... 25 (
His license tax as merchant was:
State. . . . . . . 10 (
Countyate ........... ...... ........... ........ ..... 5 (
Expenses of levying in order to make the collection 10 (

Total............................... .... $100 00
In order to make this collection I levied upon a vessel, and
it was settled or paid through Dr. Hicks, by his paying a part
and my leaving the receipt with Hicks, to be 'delivered when
the money was paid. This was done, and Hicks became his
security, in order to allow Brickell to take vessel and go to
Key West for money. W. H. GLEASON.
A true copy: C. A. COWGILL,
Comptroller.
[Copy.]
MIAMI, Fla., October 29, 1874.
Received of Mr. Wm. B. Brickell, to be handed to the Col-
lector of Revenue. of the State of Florida and Dade county,
the sum of seventy-three dollars and eighty cents ($73.80), be-

I

00
00

)0
00
00

ing the balance due for the license for the sale of spirituous
liquors and medicine. W. WATKINS HICKS.
Endorsed as follows:
My recollection is that the money within receipted. for
Formed part of the whole bill of taxes. The amount within
named I paid over to Mr. Hunt.
W. WATKINS HICKS.
Gleason left the original receipt with me to hand over to
Mr. Brickell, which I did-this receipt of mine was include.l in
that receipt. W. W. HICKS.
TALLAHSSSEE, January 3, 1877.
This is part of the $100 receipt.
W. H. GLEASON.
A true copy: C.'A. COWGILL,
Comptroller.
Which was read, and ordered to be spread upon the
journal.
The following communication was received from Hon. Hugh
A. Corley, Commissioner of Lands and Immigration:
OFFICE OF COMMISSIONER OF LANDS AND IMM-IGRATION,
TALLAHASSEE, FLA., January 12, 1877.
Hon. G. G MCWHORTER,
Speaker of the Assembly :
SIR: In response to the resolution adopted by the Assembly
on the 6th instant, calling for information respecting the present
condition of the Internal Improvement Lands, the quantity of
.said lands which have been sold, and the amount of sales, &c.,
I have the honor to state:
According to the official records, I find. that the quantity of
Swamp Lands disposed of is as follows:
Sold to individuals...................... 510,579.21 acres.
Conveyed to railroad companies under the act of Jainary 6,
1855, as follows:
To the Florida Railroad Company......... 317,748.55 acres.
To the Pensacola & Georgia Railroad Com-
pany................. .. ...... ..... 63,796.48 acres.
To the F. & G. Central Railroad Company. 164,568.21 acres.
To the Alabama & Florida Railroad Com-
pany.................. .. ..... ... 27,613.32 acres.

Total granted to Railroad Companies....... 573,726.56 acres.
Conveyed to H. L. Hart for removing obstructions to the
navigation of the Oclawaha River........... .29,846.23 acres.
To Edward N. Dickerson, the purchaser of the Florida Rail-

76

road, for coupons of said Railroad Company.. 236,606.02 acre
To William E. Jackson, the purchaser of the F. A. &. 9
Railroad, for coupons of said R. R. Company. 113,064.80 acrel
To the Peace Creek Immigrant and Agricultural Company, fq
making Peace Creek navigable for Steamboats. 33,449.45 acre
Total quantity of Swamp Lands disposed of. 1,497,272.27 acre
The following is a statement of 'the quantity of the Intern
Improvement Lands disposed of:
Sold to individuals............... ....... 215,308.67 acre
Granted to Railroad Companies........... 12,996.86 acre
Conveyed to H. L. Hart.................. 3,159.80 acrs
Conveyed to E. N. Dickerson.............. 9,901.42 acre

Total ................. ...... 241,366.75 acre
The amount received for the 510,579.21 acres of Swam]
Lands, sold to individuals, is.................. .$554,3'79.5
The amount received in coupons of the F. & G. C. R. B
Co., from William E. Jackson, for the purchase of the Swam]
Lands adjacent said Railroad is.... ........... .$113,064.8
I cannot state the amount received in coupons of the Florid
Railroad Company for the Swamp and Internal Improvemen
Lands near said railroad, for the reason.that said coupons wer
paid over to the Treasurer of the Board, who did not furnish
to this office, or to the Trustees, a separate statement of th
amount paid for lands-an aggregate of all the coupons pai
in and cancelled was given.
The amount received from the sale of the 215,308.67 acres c
Internal Improvement Land to individuals is. .....$366,204.5

RECAPITULATION
p Lands Dispos

L

ed of:

Sold to individuals ...............
Railroads.......................
H. L. Hart. .......... ....... .. .
E. N. Dickerson, (Coupons).......
Wm. E. Jackson, (Coupons)......
Peace Creek Company...........

ACRES.
510,579.21
573,726.56
29,846.23
236,606.02
113,064.80
33,449.45

RECEIPTS.
$554,379.5

Unknown.
$ 26,315.0

1,497,272.27
Internal Improvement Lands.

Sold to individuals........ ......
Railroads ... .............. .. ..
H. L. Hiart......... o. .......
E. N. Dickerson (Coupons) ......

ACRES.
215,308.67
12,996.86
3,159.80
9,901.42

241,366.75

RECEIPTS
$366,204.5

Swami

JL

77

The quantity of land still belonging to the Internal Im-
ovement fund is as follows:
amp lands, patented.................. 9,147,060.87 acres.
eternal Improvement Lands.........,.. 238,109.05 "
In addition to the above the State is entitled to about 20,000
res of land from the United States, under the grant of 500,-
)0 acres for Internal Improvement purposes, and to several
millions of acres under the Swamp Land grant of 1850.
These lands were vested in the Trustees of the Internal
anproviment Fund by the act of January 6, 1855, entitled "an
it to provide for and encourage a liberal system of internal
improvements in this State," and are now in the hands of said
trusteess and sold under their administration. The proceeds
generally have been applied to the expenses of selection,
management and sale of these lands and to the payment of the
iterest due upon bonds issued under the provisions of the act
f January 6, 1855, by the Florida Railroad Company, the
'ensacola and Georgia Railroad Company, the Tallahassee
railroad Company, and the Florida, Atlantic and Gulf Cen-
al Railroad Company, but for the specific items of expendi-
are and the aggregates disbursed under each head, I will have
> refer you to the reports and books of the Treasurer of the
Ioard.
In stating the grants of said lands which have been made,"
) whom, for what purpose and by what authority, I suppose
;was not intended to include those agreements or contracts
or reclamation, etc., made on conditions. Which were never com-
lied with, and which therefore did not consume any portion
r the Fund. I shall therefore confine myself to those cases in
which actual conveyances of land were made or under which
Claims are made against the Fund by the contracting parties.
The grants of land to the railroad companies constructing
aeir roads under the provisions and conditions of the Internal
improvement act, were made as authorized in said act for the
quantities of land hereinbefore specified.
Under the 17th section of said act, the Trustees conveyed
Sthe Commissioners of the St. Johns and Indian River Ca-
al, in January, 1860, 54,000 acres of Internal Improvement
vand, but in 1862, under instructions from the Legislature, the
trusteess procured from said Commissioners a re-conveyance
f said lands.
On the 26th of October, 1867,'the Trustees made a contract
"ith Hubbard L. Hart for the removal .of the obstructions to
ae navigation of the Ocklawaha river, by which they agreed
"*, convey to said Hart internal improvement and swamp lands
a the ond-numbered sections within ten (10) miles of the

78

waters of said river, for all expenditures made by said Hart in
removing said obstructions, such expenditure not to exceed
$20,000, the lands to be received by said Hart at the regular
prices, and to be conveyed to him from time to time as the
work progressed, upon proof of the performance thereof. Un-
der this contract the said Hart received conveyances of 29,-
846.23 acres of swamp land, then selling at fifty cents per acre,
and 3,159.80 acres of Internal Improvement lands.
On the 6th of April, 1866, the Trustees authorized William
H. Gleason to ditch and drain any of the swamp land south of
township 37 and east of Lake Okechobee and the Everglades,
and one tier of townships south of the Caloosahatchie river,
and to purchase 640 acres of said land for $40 for each 50,000
cubic feet of ditch or drain dug by him, the land so purchased
to lie not more than three miles from such ditch or drain. This
resolution was amended March 13, 1868, prescribing the man-
ner in which proof of the work should be made, and providing
that the resolution should be in force for ten years after the
confirmation to the State of the swamp lands within the limits
mentioned, unless repealed, amended or modified by the Board
of Trustees. Nothing was claimed by said Gleason under said
resolutions, and on the 4th of February, 1869, he surrendered
all claims thereunder, and the Trustees adopted other resolu-
tions for his benefit. These last resolutions were similar to
the former, with respect to the quantity of work to be done
and the price of the land and the limitation of time, but they
provided that the resolutions should not be modified or repealed
unless the said Gleason,. or his legal representatives, should
abandon active operations for twelve months, or shall have as-
sented in writing to such modification or repeal. The territo-
rial limits were restricted to townships 38 to 49 inclusive, and
that portion of the State south of township 49 was assigned
to Wm. H. Hunt under similar resolutions. Under these last
resolutions, Mr. Gleason claims that he has dug, excavated and
completed a canal or ditch, containing 300,000 cubic feet, in
township 42 south, range 43 east, connecting Lake Worth with
the Atlantic Ocean, which lowered the waters in the Lake, and
re-claims and drains the swamp and overflowed lands adjacent
to the Lake and in its immediate vicinity, and that he is enti-
tled to purchase and receive a conveyance of six sections of
swamp and overflowed land from the Trustees upon the pay-
ment of $240, and on the 25th of May, 1875, the said Gleason
tendered said amount and requested a conveyance of certain
lands under said resolutions. The Board refused to comply
with said demand, alleging as a reason that they were ad-
vised they had no power to appropriate any of the lands be-
longing to the Internal Improvement Fund for the purpose of

"79

drainage, or for any other purpose except for the prosecution
of the works of Internal Improvement specially designated
in an act to provide for and encourage a liberal system of In-
ternal Improvements in this State, [approved January 6, 1855,
or to pay the obligations already contracted on behalf of said
improvements." The said William H. Gleason thereupon filed
his bill of complaint against the Trustees in Duval Circuit
Court to compel a conveyance of the lands to him. To this
bill the Trustees interposed a demurrer, alleging generally a
want of equity, which was overruled, and the Trustees appealed
to the Supreme Court. The Supreme Court affirmed the judg-
ment of the Circuit Court on the demurrer, but decided that
the cestuis que trust should be made parties to the suit. (Flor-
ida Reports, Vol. 15, p. 384.) Whether further proceedings
have been had in said suit I am unable to say.
By the 13th section of the act to incorporate the St. Johns
Railway Company (from Tocoi to St. Augustine), approved
December 31, 1858 (Ch. 936), the Legislature granted to said
Company, on certain conditions, the odd-numbered sections of
swamp lands within six miles on each side, and from the termi-
nus of said road, to vest as the road progressed. April 18,
1859, the Trustees adopted a resolution recognizing the valid-
ity of said grant by the Legislature. March 15, 1870, the Trus-
tees agreed to sell to said Company the even-numbered sections
of swamp land for six miles on each side of said road at ten
cents per acre, on certain conditions. Whether the conditions
of the grant by the Legislature and the sale by the Trustees
have ever been complied with, I have no information, but I
have heard unofficially that the matter is now in litigation.
On the 6th of February, 1869, the Trustees agreed to sell to
the Pensacola & Louisville Railroad Company all the swamp
an overflowed lands within six miles of their road from Pensa-
cola to the northern boundary of Florida at 6- cents per acre,
upon the completion of said road, and upon the acceptance by
said Company of said conditional grant, and the execution of a
contract to impose no obstacles to the completion and operation
of the contemplated railroad from the Chattahoochee river to
Pensacola, and to make no discrimination in freight against
said road. The acceptance and contract were made in April.
1872, but the sale as agreed upon has not been made.
On February 13th, 1869, the Southern Inland Navigation
and Improvement Company made a proposition to the Board
which was accepted by them to make navigable the outlet from
Lake Harney to Lake Washington, cut a canal from the St.
Johns river to Indian river, cut and dredge a coastwise canal
from the head of Halifax river to Biscayne Bay, and dredge and
make an inside steamboat channel from Biscayne Bay to Key

s0

West, for which work they asked the grant of a large body of
lands to be confirmed to the Company, and titles made from
time to time as the work progressed, as set forth in their prop-
osition, which is reported at full length in the report of the
Commissioner of Lands and Immigration in 1873.
On the 14th of January, 1870, a further concession of land
was made to said Company on account of increasing both the
width and depth of said canal."
On the 3d of February, 1870, a communication was received
from said Company, stating the difficulty of negotiating with
capitalists for the construction of the work, to be paid for in
land, and asking that the Trustees deed and convey said lands
to the Company in fee simple, with a view to the executing a
mortgage to secure bonds to be issued by said Company, said
bonds to be deposited with the Comptroller, or some New York
Bank or Trust Company for the benefit of the contractor, to be
paid in proportion as the same would. be if paid in lands. The
Board accepted the proposition, provided "the arrangements
heretofore made in the disposal of the swamp and overflowed
lands for the encouragement of drainage, improvement and set-
tlement are not embarrassed by the legislative action of the
present session."
April 13, 1870, resolutions were adopted authorizing deeds to
be made to said Company for the lands granted to them, and
authorizing said Company to mortgage said lands for the bene-
fit of the contractors, and for the purpose of completing the
work. Regulations were adopted respecting the issue and de-
posit of the bonds of said Company, etc.
On March 30, 1871, a further concession of lands was made
to said company, and modifications were made in some of the
previous regulations respecting the arrangements in executing
papers. Under all those proceedings a deed in fee simple was
made to said company for about 1,300,000 acres of land.
March 4, 1873, said company applied for an extension of time
to complete their work. An extension was granted to January
1, 1877, the then Trustees reserving the right to except to the
former contracts or agreements and not acknowledging the va-
lidity thereof. In December, 1873, the United States Court,
in the case of Francis Vose against The Trustees of the Inter-
nal Improvement Fund et al., decreed the pretended sale to the
Southern Inland Navigation and Improvement Company to be
null and void, and the Trustees restored to market the lands
that had been conveyed to said Company. At the next term
of the United States Court, said Company made application to
have said decree set aside, upon the ground that no legal no-
tice of the institution of said suit had been served upon them.
Whether any and what action has been taken upon said motion

81

I am unable to say, but the lands (or such of them as remain
unsold) are still in market.
February 16, 1870, the Trustees entered into a contract with
the Peace Creek Immigration and Agricultural Company,
granting them the odd numbered sections of land on both sides
of Peace Creek, the said Company binding themselves to im-
prove the channel of said creek, so as to permit a steamboat
drawing two feet of water to ascend and navigate said channel
up to Fort Meade. Said contract has been extended; but the
last limitation expired last year. Under this contract the
Trustees conveyed to said Company by deed in fee simple,
33,449.45 acres of land. No part of the work has been done
and the Company will probably re-convey the lands to the
Trustees.
The history of the contract with the New York and Florida
Land, Lumber and Improvement Company, and pretended sale
to E. A. Studwell, which were set aside by the United States
Circuit Court, and the'contracts with the Great Southern
Railway, the Jacksonville and St. Augustine Railroad Com-
pany, H. L. Hart (second contract), and Wekiva Steamboat
Company, under which no work was done and no lands con-
veyed, are set forth at length in the Commissioner's report
for the year ending December 31, 1872, a copy of which is
herewith enclosed.
On March 4, 1875, the Trustees made a contract with the
West Florida and Mobile Railroad Company, by which said
.Company agrees to construct a road from the western termi-
nus of the Jacksonville, Pensacola and Mobile Railroad to the
western boundary of the State and to Pensacola bay within
two years, in conformity with the specifications of the Internal
Improvement act. When ten miles of said road shall be com-
pleted, the Trustees are to sell and convey to said Company
200 sections of land for $3,000, and so for each additional ten
miles until the road is completed, provided only the lands west
of the Apalachicola shall be sold and conveyed as aforesaid.
It is provided that ten miles of the road shall be constructed
within six months. Minute details are omitted, as nothing
has been done to acquire any rights under the contract.
Very respectfully, HUGH A. CORLEY,
Commissioner of Lands and Immigration.
Mr. Dougherty. moved that the communication be spread
. upon the Journal, and the subject matter contained therein
made the special order for to-morrow;
Which was agreed to.
6a

s

82

ORDERS OF THE DAY.

The rule being suspended, the following bills were intro-
duced by Mr. Thompson of Nassau:
Assembly bill No. 14:
To be entitled an act to amend an act to provide for the
Registration of Electors and the Holding of Elections, ap-
proved August 6, 1868;
Which* was read first time, and, on motion, referred to the
Committee on Judiciary.
Also, Assembly bill No. 15 :
To be entitled an act to protect Voters and Labor;
Which was read the first time, and, on motion, referred to
the Committee on Judiciary.
Assembly resolution referring that portion of the Gover-
nor's Message relating to the State Prison to a special com-
mittee,
Was read, and, on motion, adopted.. The Speaker appointed
Messrs. McClennan, Hocker and Thompson of Nassau, such
special committee.
Assembly bill No. 3:
To be entitled an act to amend the eighth section of an act
entitled an act in reference to the Real and Personal Estates
of Decedents, regulating the sale thereof in certain cases,
approved February 16, 1870,
Was read the second time.
Mr. McClellan moved that the bill be indefinitely postponed;
Which was agreed to.
Mr. Quarterman moved to adjourn until 10 o'clock, A. M.,
to-morrow;
Which was not agreed to.
On motion of Mr. Knight, the Assembly took a recess until
4 o'clock, this afternoon.
FOUR O'CLOCK, P. M.
The Assembly resumed its session.
The roll was called, and the following members answered to
their names:
Mr. Speaker, Messrs. Alexander, Bass, Bishop, Bonner Da-
vidson, Dougherty, Eubank, Floyd, Ford, Gaskins, Grant, Ger-
ganus, Harris, Hoffman, Hocker, Jacobs, Jones, Kimball,
Knight, Larkins, Lassiter, Lesley, Loper, Martin of Suwannee
McAuley, McClellan, McKinne, Mizell, Quarterman, Russell,
Stanley, Stevens, Stone, Stripling, Tillman, Townsend, Thomp-
son of Leon, Thompson of Nassau, Walker, Weeks, Williams
and Wofford-43.
A quorum present.

83

Mr. Knight, Chairman on Engrossed Bills, made the follow-
ing report:
ASSEMBLY HALL,
TALLAHASSEE, FLA., January 12, 1877.
HON. G McWHORTER,
Speaker of the Assembly :
SIR: Your Committee, to whom was referred Assembly billt
No.'7: To amend an act to Exempt Maimed Persons from Pro-.
fessional or Occupational Tax, approved February 14, 1870.
Also: A bill to be entitled an act to procure a Legal Can-
vass ofthe Electoral vote of the State of Florida as Cast at the
Election on the 7th day of November, A. D. 1876, beg leave to.
report that they have examined the same and find them correctly -
engrossed. Respectfully submitted,
M. A. KNIGHT, Chm'n.
Which was read, and the accompanying bills placed among-
the orders of the day.
ORDERS OF THE DAY.
Assembly bill No. 13:
To be entitled an act to Procure a Legal Panvass of the
Electoral vote of the State of Florida as Cast at the Election
held on the 7th day of November, A. D. 1876,
Was read the third time.
Mr. Dennis moved that the bill be indefinitely postponed.
Mr. Dougherty moved that the bill be put upon its passage.
Mr. McClellan moved for the previous question.
Upon the question, Shall the main question now be put ?
The vote was:
Yeas-Messrs. Bass, Bishop, Dougherty, Eubank, Floyd,
Gaskins, Harris, Hocker, Jones, Kimball, Knight, Larkins,
Lassiter, Lesley, Loper, Martin of Suwannee, McAuley, Mc-
Clellan, McKinne, Mizell, Russell, Stanley, Stevens, Stone,
Townsend, Thompson of Nassau, Walker, Williams and Wof-
ford-29.
Nays-Messrs. Alexander, Bonner, Cessna, Davidson, Den-
nis, Ford, Grant, Hoffman, Jacobs, Quarterman, Tillman,
Thompson of Leon and Weeks-13.
So the main question was ordered, and the bill put upon its
passage. .
The vote was:
Yeas-Messrs. Bass, Bishop, Cessna, Dougherty, Eubank,
Floyd, Gaskins, Grant, Harris, Hocker, Jones, Kimball, Knight,
Larkins, Lassiter, Lesley, Loper, Martin of Suwannee, Mc-
Auley, McClellan, McKinne, Mizell, Russell, Stanley, Stevens,

* 84

:Stone, Townsend, Thompson of Nassau, Walker, Williams and
Wofford-31.
Nays-Messrs. Alexander, Bonner, Davidson, Dennis, Ford,
Hoffman, Jacobs, Quarterman, Tillman, Thompson of Leon and
Weeks-11.
So the bill passed, title as stated.
SOrdered that the same be certified to the Senate.
Mr. Cessna gave notice that to-morrow he would move a re-
consideration of the vote taken upon the passage of the bill.
Mr. Bishop moved that the vote just taken on the passage of
the bill be reconsidered, and that the motion to reconsider be
laid on the table;
Which was agreed to.
The rules being suspeiided, the following bills were intro-
duced :
By Mr. Weeks:
Assembly bill No. 16 :
To be entitled an act to Fix and regulate the Fees and Per
Diem of Certain Officers, herein Designated;
Which was read the first time, and referred to the Judiciary
Committee.
By Mr. McKinne:
Assembly bill No. 17 :
To be entitled an act to Provide for the Protection of Game
in this State;
Which was read the first time, and referred to the Committee
on Agriculture.
By Mr. Lesley:
Assembly bill No. 18:
To be entitled an act to allow Merchants and Dealers to
sell Patent Medicine without being subject to Additional
Tax;
Which was read the first time, and, on motion.referred to the
Committee on Finance and Taxation.
The rule being suspended, Mr. Thompson of Nassau offered
the following resolution:
Resolved, That so much of the Governor's message as per-
tains to Finance and Taxation, Uniformity of Taxation, and
Licences, be referred to the Committee on Finance and Taxa-
tion.
That so much of said message as pertains to Census and Ap-
portionment, Criminal Prosecutions, Justices of the Peace
Election and Registration Laws, be referred to Committee on
Judiciary.
That so much of said message as pertains to the Internal
Improvement Fund, be referred to the Committee on Rail-
roads.

85

That so much of said message as pertains to Public Schools,
Peabody Fund, Uniformity of Text Books and Agricultural
College, be referred to the Committee on Education.
That so much of said message as pertains to Lands sold to
the State for Taxes, be referred to the Committee on Public
Lands.
.That so much of said message as pertains to Roads and Road
Laws, be referred to the Committee on City and County Organi-
zations.
Which was read, and, on motion, adopted.
Under a suspension of the rule, Mr. Weeks offered the fol-
lowing resolution:
Resolved, That the State Comptroller be and is hereby re-
quested to state to this assembly the actual balance due from
Collectors of Revenue since the organization of the State from
a Territorial Government; that the names of such defaulting
Collectors be given with the amount due from each, and the to-
tal amount due from all of those who are in default; that he
also inform this Assembly of the names of the defaulting.col-
lectors who have been sued, with the date of the suit, together
with the date of resignation or expiration of office of the de-
faulting Collectors:
Which was read.
Mr. Quartermani moved the adoption of the resolution;
Pending which, Mr. Jones moved that the Assembly adjourn
until 10 o'clock, A. M., to-morrow;
Which was agreed to, and the Assembly adjourned.

..4.o=~cC~-----

SATURDAY, January 13, 1877.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Alexander, Bass, Bishop, Bonner,
Davidson, Dougherty, Eubank, Floyd, Ford, Gaskins, Grant,
Harris of Monroe, Hocker, Jacobs, Jones, Kimball, Knight, Lar-
kins,. Lassiter, Lesley, Long, Loper, Martin of Suwannee,
Martin of Gadsden, .McAuley, McClellan, McKinne, Mizell,
Quarterman, Russell, Stanley, Stevens, Stripling, Tillman,
Townsend, Thompson of Nassau, Walker, Weeks, Williams,
Witherspoon and Wofford-39.
A quorum present.
Prayer by the Chaplain.

86

Mr. Alexander moved that the reading of yesterday's
Journal be dispensed with;
Which was agreed to, and the Journal approved.
Mr. Harris of Monroe offered the following resolution:
Resolved, That it be referred to the Joint Committee, ap-
pointed to visit the Penitentiary, to examine into the pro-
priety of setting aside a suitable building to be used as an.
Asylum for the insane, and to report by bill or otherwise to
this Assembly ;
Which was read, and, on motion, adopted.
Mr. Weeks offered a memorial to Congress for the estab-
lishment of a mail route from Drifton, in Jefferson county,-to
Deadman's Bay, in Taylor county, via Beasley's, on the Ocilla
river, Mrs. Fulford's, Perry Court House in Taylor county;
Which was read,. and referred to the Committee on Rail-
roads.
Mr. Weeks offered the following concurrent resolution:
Resolved by the Assembly, the Senate concurring, That the
Legislature adjourn sine die on Thursday, the 25th inst., at 12
o'clock M.;
Which was read.
Mr. Harris of Monroe moved to lay the resolution on the
table;
Upon which the yeas and nays were called for.
The vote was:
Yeas Messrs. Bass, Bishop, Dougherty, Eubank, Floyd,
Gaskins, Harris of Monroe, Hocker, Jones, Kimball, Knight,
Larkins, Lassiter, Lesley, Loper, Martin of Suwannee, McClel-
lan, McKinne, Mizell, Russell, Stanley, Stevens, Stone, Town-
.send, Thompson of Nassau, Walker, Williams, and Wofford
-28.
Nays-Messrs. Bonner, Cessna, Davidson, Dennis, Ford,
Grant, Jacobs, Long, Martin of Gadsden, Quarterman, Strip-
ling, Tillman, Thompson of Leon and Weeks-14.
So the motion was agreed to.
Mr. Gerganus, Chairman of the Committee on Finance and
Taxation, made the following report:
ASSEMBLY HALL, )
TALLAHASSEE, January 12, 1877.
Hon G. G. McWHORTER,
Speaker of the Assembly :
SIR: The Committee on Finance and Taxation, to whom was
referred Assembly bill No. 10, to be entitled an act to Author-
ize the State Comptroller to audit all the expenses of the Cir-
cuit Courts; also, Assembly bill No. 11, to be entitled an act
to authorize the County Commissioners of the different Coun-

87

ties to levy a Special Tax for the maintenance of the Poor, beg
leave to report that they have had said bills under considera-
tion, and recommend their passage. Very respectfully,
B. H. GERGANUS. Chm'n.
Which was read, and the accompanying documents placed
among the orders of the day.

ORDERS OF THE DAY.
Assembly bill No. 7:
To be entitled a bill to amend an act to exempt maimed per-
sons from professional or occupational tax, approved February
14th,
Was read the third time, and put upon its passage.
The vote was:
Yeas-Messrs. Bass, Bishop, Cessna, Davidson, Dennis,
Dougherty, Eubank, Floyd, Ford, Gaskins, Grant, Harris
of Monroe, Hoffman, Hocker, Jacobs, Jones, Kimball, Lar-
kins, Lassiter, Lesley, Long, Loper, Martin of Suwannee,
Martin of Gadsden, McAuley, McClellan, McKinne, Mizell,
Quarterman, Russell, Stanley, Stevens, Stone, Tillman, Town-
send, Thompson of Leon, Thompson of Nassau, Walker, Wil-
liams and Wofford-40.
Nays-Mr. Bonner-1.
So the bill passed, title as stated.
Ordered that the same be certified to the Senate.
Assembly bill No. 10:
To be entitled an act to authorize the State Comptroller to
audit all the expenses of the Circuit Courts, *
Was read the second time, and referred to the Judiciary
Committee.
Assembly bill No. 11 :
To be entitled an act to authorize the County Commissioners
of the different counties to levy a special tax for the mainten-
ance of the Poor ;
Which was read the second time, and, on motion, referred to
the Judiciary Committee.
"Under. a suspension of the rule, Mr. Lesley was allowed to
introduce the following bill:
Assembly Bill No. 19:
To be entitled an act for the relief of John A. D. Branch;
Which was read the first time, and, on motion, referred to
the; Judiciary Committee.
Under a suspension of the rule Mr. McClellan, Chirman of
the Judiciary Committee, made the following report:

88

To THE HON. G. G. MCWHORTER,
Speaker of the Assembly:
SIR: Your Committee do report Assembly Bill No. 19 back
to the Assembly, and recommend its passage.
J. F. McCLELLAN,
Ch'n Judiciary Com.
Which was read, and the accompanying bill placed among
the orders of the day.
Mr. Lesley moved that the rule be suspended, and the bill
read a second time and ordered to be engrossed for a third
reading on Monday;
Which was agreed to.
The Speaker announced the.following Standing Committees :
On Joint Committee on Enrolled Bills -Messrs. Stevens
and Stripling.
On Appropriations -Messrs. Russell, Jones, Knight, Grant,
and Thompson of Leon.
On Fisheries Messrs. Floyd, Larkins, Lassiter, Alexander
and Bonner.
On Mail Routes and Post Offices -Messrs. Wofford, Eu-
banks, Williams, Weeks and Bass.
The orders of the day being exhausted,
* Mr. Harris of Monroe moved to adjourn until Monday morn-
ing at 10 o'clock;
Which was agreed to, and the Assembly adjourned.

MONDAY, January 15, 1877.
The Assembly met pursuant to adjournment.
The roll was called, and the following members answered to
their names:
Mr. Speaker, Messrs. Alexander, Bass, Bishop, Bonner,
Cessna, Davidson, Dougherty, Eubank, Floyd, Gaskins, Grant,
Harris of Monroe, Hoffman, Hocker, Jacobs, Jones, Knight,
Larkins, Lassiter, Lesley, Martin of Suwannee, McAuley,
McClellan, McKinne, Mizell, Quarterman, Stanley, Stevens,
Stone, Stripling, Tillman, Townsend, Thompson of Nassau,
Walker, Weeks, Williams and Wofford-38.
A quorum present.
SPrayer by the Chaplain.
On motion of Mr. McKinne, the reading, of Saturday's
journal was dispensed with and the journal approved.

89

Mr. Bishop offered a petition of F. A. Canova and. others;
Which was read, and referred to the Committee on Claims.
Mr. Bishop offered the following resolution:
WHEREAS, It is published that Hon. I. B. Archibald, Cir-
cuit Judge of the Fourth Judicial Circuit of this State, as a
witness before a committee of the United States Senate testi-
fied as follows:
The State Senate stood twelve Republicans to twelve Demo-
crats, and Johnson was selected because his District was a
close one, and deliberately murdered for the purpose of giving
the Democrats the ascendancy in that branch of the Legisla-
ture. The evidence against Richard, the assassin, was clear,
connected, and amounted to a certainty of mathematical de-
monstration, and yet the jury refused to convict him. The
moment he was arrested, the whole Democratic Bar of Jack-
sonville, and nearly every Democratic lawyer in the State, vol-
unteered their services in his defence, while every effort was
made by the best citizens to throw the officers of justice off
the track and facilitate the escape of the murderer."
Therefore Resolved, That the Committee on Judiciary be,
and they are hereby instructed to procure a sworn copy of
the testimony given by said Archibald before said committee
of the Senate of the United States, and report to this Assem-
bly on the liability of said Archibald to impeachment on' ac-
count of said testimony;
Which was read.
Mr. McKinne moved its adoption;
Upon which the yeas and nays were called for;
The vote was:
Yeas-Mr. Speaker, Messrs. Bass, Bishop, Dougherty,
Eubank, Floyd, Gaskins, Hocker, Jones, Knight, Larkins,
Lassiter, Lesley, Loper, Martin of Suwannee, McAuley, Mc-
Clellan, McKinne, Mizell, Russell, Stanley, Stevens, Stone,
Townsend, Thompson of Nassau, Walker, Williams and Wof-
ford-28.
Nays-Messrs. Alexander, Bonner, Cessna, Davidson, Ford,
Grant, Hoffman, Jacobs, Quarterman, Tillman and Weeks-11.
So the resolution was adopted.
Mr. McClellan offered the following resolution:
Resolved, That the Committee on Printing report to this
house the number of copies of each of the reports of heads of
departments, and the reports of the Warden of the State Prison,
Manager of J., P. & M. R. R., Salesman of Trustees of Inter-
nal Improvement Fund, are necessary for the use of this As-
sembly, and the cost of the same;
Which was read and adopted.
Mr. Dougherty offered the following resolution:

90

Resolved, That the Comptroller be requested to furnish this
Assembly with a list of the Tax Collectors who have defaulted
to the State since 1869;
Which was read.
Mr. Cessna moved to amend by striking out" 1869 and in-
serting 1861."
Mr. McKinne moved to lay the motion to amend on the
table ;
Upon which the' yeas and nays were called for.
The vote was:
Yeas-Messrs. Bass, Dougherty, Floyd, Gaskins, Gleason,
Harris of Monroe, Jones, Knight, Larkins, Lassiter, Lesley,
Loper, McAuley, McClellan, McKinne, Mizell, Stanley, Ste-
vens, Stone, Townsend, Walker and Williams-22.
Nays-Mr. Speaker, Messrs. Alexander, Bishop, Cessna, Da-
vidson, Dennis, Ford, Grant, Hoffman, Jacobs, Martin of
Gadsden, Quarterman, Russell, Tillman, Thompson of Nsssau,
W ek s and Wofford-1l7.
Sothe motion was agreed to..
Mr Cessna moved to lay the resolution on the table;
Upon which the yeas and nays were called for.
The vote was:
Yeas-Messrs. Alexander, Bonner, Cessna, Davidson, Den-
nis, Ford, Grant, Hoffman, Jacobs, Martin of Gadsden, Quar-
terman, Tillman and Weks-13.
Nays-Mr. Speaker, Messrs. Bass, Bishop, Dougherty, Eu-
bank, Floyd, Gaskins, Harris of Monroe, Hocker, Jones,
Knight, Larkins, Lassiter, Loper, McAuley, McClellan, Mc-
Kinne, Mizell, Russell, Stanley, Stevens, Stone, Townsend,
Thompson of Nassau, Walker, Williams and Wofford-28.
So the motion was not agreed to.
Mr. Dougherty moved the adoption of the resolution, and
called for the previous question;
Which was agreed to, and the main question ordered, and the
resolution adopted.
Mr. Martin of Gadsden offered the following resolution, to-
wit:
Resolved, That the Secretary of State be requested to re-
turn to the Assembly all bills passed by the Legislature at its
last session, which originated in the Assembly, and have been
vetoed by his Excellency the Governor;
Which was read, and, on motion, referred to the Judiciary
Committee.
Mr. Stripling offered the following resolution:
Resolved, That a committee of three be appointed to ex-
amine the books of the Comptroller and ascertain the num-

91

ber and amounts of the defalcations of Tax Collectors prior to
the 1st of January, 1869, and since January 1, 1848;
Which was read.
Mr. McKinne moved to lay the resolution on the table;
Upon which the yeas and nays were called for.
The vote was:
Yeas-Messrs. Bass, Dougherty, Eubank, Floyd, Gaskins,
Harris of Monroe, Jones, Knight, Larkins, Lassiter, Lesley,
Loper, Martin of Suwannee, McAuley, McClellan, McKinne,
Mizell, Russell, Stanley, Stone, Townsend, Thompson of Nas-
sau, Walker, Williams and Wofford-25.
Nays-Mr. Speaker, Messrs. Alexander, Bishop, Bonner,
Cessna, Davidson, Ford, Gleason, Grant, Hoffman, Jacobs,
Martin of Gadsden, Quarterman, Stripling and Weeks-ll5.
So the motion was agreed to.
Mr. Stripling offered the following resolution:
Resolved, That the Comptroller of Public Accounts be re-
qnested to furnish this Assembly with the number and
amounts of defalcations of Tax Collectors to January 1st,
1869, and since January 1st, 1848;
Which was read.
Mr. Jones moved to refer the resolution to the Committee
-on Indian Affairs;
Which was not agreed to.
Mr. Grant moved the adoption of the resolution;
Upon which the yeas and nays were called for.
The vote was:
Yeas-Mr. Speaker, Messrs. Alexander, Bishop, Bonner,
Cessna, Cruse, Davidson, Dennis, Floyd, Ford, Gleason, Grant,
Hoffman, Hocker, Jacobs, Martin of Gadsden, Quarterman,
Russell, Stripling and Tillman-20.
Nays-Messrs. Bass, Dougherty, Eubank, Gaskins, Harris of
Monroe, Jones, Knight, Larkins, Lassiter, Lesley, Loper, Mar-
tin of Suwannee, McAuley, McClellan, McKinne, Mizell, Stan-
ley, Stevens, Stone, Townsend, Thompson, Walker, Williams
and Wofford-24.
So the resolution was not adopted.
Mr. Stripling; from the Joint Enrolling Committee, made the
following report:
The Joint Committee on Enrollment report that they have
examined and compared the enrollment of the act entitled an
act to provide for the Collection of State Taxes for the year
1876, with the engrossed bill, and that they find the same to be
-correctly enrolled.
Very respectfully,
J. N. STRIPLING.
Which was read, and ordered to be spread upon the Journal.

92

Mr. Knight, Chairman of the Committee on Engrossed Bills,
made the following report:
ASSEMBLY HALL,
TALLAHASSEE, FLA., January 15,1877.
Hon. G. G. McWHORTER,
Speaker of the Assembly :
'Sn: Your committee to whom was referred Assembly Bill
No. 19, to be entitled an act for the relief of John A. D. Branch
of Hillsborough county, beg leave to report that they have ex-
amined the same, and find it correctly engrossed.
Respectfully submitted,
M. A. KNIGHT, Chairman.
Which was read, and ordered to be spread upon the journal,
and the accompanying bill placed among the orders of the day.
Mr. McClellan, Chairman of the Judiciary Committee, made
the following report:
Hon. G. G. McWHORTER,
Speaker of the Assembly :
SIR: Your Committee on the Judiciary have carefully con-
sidered bill No. 15, and herewith report a bill in lieu of the
same, and recommend that it be adopted and passed.
Respectfully submitted,
J. F. McCLELLAN, Chairman.
Which was read, and the accompanying bill played among
the orders of the day.
Also the -following:
Hon. G. G. McWHORTER,
Speaker of the Assembly :
SIR: Your Committee on the Judiciary beg leave to report
that they have fully considered Assembly bill No. 11, and re-
commend that it do not pass.
J. F. McCLELLAN, Chairman.
Which was read, and the accompanying bill placed among
the orders of the day.
Mr McAuley, Chairman of the Committee on Agriculture,
made the following report:
ASSEMBLY HALL,
TALLAHASSEE, FLA., January 11th, 1876. j
HON. G. G. MCWHORTER,
Speaker of the Assembly:
SIR: Your committee to whom was referred Assembly bill
No. 2, to be entitled an act to protect the agricultural interest
of the people of the State of Florida, have examined the-same.
and report it back with the following amendments :

93

Strike out all the provisions in first section, commencing
with the word provided," and adopt the following in lieu of
the fourth section:
Whoever shall maliciously shoot, wound or kill any cattle,
hogs, or other farm stock, or with intent to steal the same,
without regard to the value of such stock, shall be deemed
guilty of felony, and, upon conviction, shall be punished by
imprisonment in the State Prison, for a term not exceeding
three years, or by fine not exceeding five hundred dollars; and
where a fine is imposed, so much of the fine as may be neces-
sary shall be paid to the injured party as will make good the
loss of the party injured."
Respectfully submitted,
D. N. McATULEY, Chairmn.
Which was read, and the accompanying bill placed among
the orders of the day.
On motion the rule was suspended, and. Mr. McClellan in-
troduced the following bill:
Assembly bill No. 20:
To be entitled an act to transfer causes pending in the
County Courts on the 4th day of May, 1875, to other courts;
Which was received, and placed among the orders of the
day.
The following message was received from the Senate:
SENATE CHAMBER,
TALLAHASSEE, January 15, 1877.)
Hon. G. G. McWHOBTEB,
Speaker of the Assembly:
Sir: I am directed to inform you that the Senate has passed
Senate bill No. 3:
To be entitled an act to permanently locate the county line
of Manatee and Monroe.
Also, Senate bill No. 4:
To be entitled an act regulating the fees "of County Survey-
orys in this State, and respectfully ask the concurrence of the
Assembly therein.
Verry respectfully,
ROBERT GAMBLE,
Secretary of the Senate.
Which was read, and the accompanying bills placed among
the orders of the day.
An act to provide for the collection of State taxes for the
year 1876, which originated in the Senate, was this day signed
by the Speaker and Chief Clerk.
On motion the rule was suspended, and Mr. Alexander al-

94

lowed to introduce a memorial to Congress, asking for the es-
tablishment of a Mail Route from Greenville, Florida, to Quit-
man, Georgia;
Which was read, and placed among the orders of the day.
The majority and minority reports of the Committee on
Privileges and Elections, relative to the contested election from
.the County of Escambia, which was made the special order for
to-day, was taken up for further consideration.
The reports were read.
On motion of Mr. Dennis, Gen. Lew. Wallace was invited to
a seat within the bar of the Assembly.
Mr. Cessna moved that the Assembly take a recess until 4
o'clock, P. M.;
Which was not agreed to.
Mr. Long moved that the Assembly take a recess until 4.
o'clock, P. M.;
Which was agreed to.

FOUR O'CLOCK, P. M.

The Assembly resumed its session.
The roll being called, the following members answered to(
their names:
Messrs. Alexander, Bass, Bishop, Bonner, Cessna, Cruse, Da-.
vidson, Dougherty, Eubank, Floyd, Ford, Gaskins, Gerganus,.
Grant, Hoffman, Hocker, Jacobs, Jones, Kimball, Knight, Lar-
kins, Lassiter, Lee, Lesley, Long, Loper, Martin of Suwannee,
McAuley, McClellan, McKinne, Mizell, Quarterman, Russell,
Stanley, Stevens, Stone, Stripling, Tillman, Townsend, Thomp-
son of Nassau, Walker, Weeks, Williams, Witherspoon and
Wofford-45.
A quorum present..
The Assembly resumed the consideration of the majority and
minority reports of the Committee on Privileges and Elections,
relative to the contested election from the County of Escambia.
Mr. Stripling moved to recommit the subject-matter of the
reports back to the Committee on Privileges and Elections.
Mr. McKinne moved the previous question.
Upon the question, Shall the main question be now put?
The yeas and nays were called for.
The vote was:
Yeas--Mr. Speaker, Messrs. Bass, Bishop, Dougherty, Eu-
bank, Floyd, Gaskins, Gleason, Harris of Monroe, Hocker,
Jones, Kimball, Knight, Larkins, Lassiter, Lesley, Loper,
Martin of Suwannee, McAuley, McClellan, McKinne, Mizell,

95

Russell, Stanley, Stevens, Stone, Townsend, Thompson of
Nassau, Walker, Williams and Wofford-31.
Nays-Messrs. Alexander, Bonner, Cessna, Cruse, Davidson,
Dennis, Ford, Grant, Hoffman, Jacobs, Lee, Long, Martin of
Gadsden, Quarterman, Stripling, Tillman, Weeks and Wither-
spoon-18.
So the main question was ordered.
Upon the main question, .being the motion of Mr. McClellan
upon the adoption of the resolution recommended by. the
minority report as a substitute for the motion to adopt the ma-
jority report, the yeas and nays were called for.
The vote was:
Yeas-Mr. Speaker, Messrs. Bass, Dougherty, Eubank,
Floyd, Gaskins, Harris of Monroe, Hocker, Jones, Kimball,
Knight, Larki.ns, Lassiter, Lesley, Loper, Martin of Suwannee,
McAuley, McClellan, McKinne, Mizell, Stanley, Stevens, Stone,
Townsend, Thompson of Nassau, Walker, Williams and Wof-
ford-28.
Nays-Messrs. Alexander, Bishop, Bonner, Cessna, Cruse,
Dennis, Ford, Gleason, Grant, Jacobs, Lee, Long, Martin of
Gadsden, Quarterman, Russell, Stripling, Tillman, Weeks and
Witherspoon-19.
So the resolution was adopted.
Mr. Witherspoon moved that the Assembly adjourn until 10
o'clock to-morrow morning;
Which was agreed to, and the Assembly adjourned.

----"---*------

TUESDAY, January 16, 1871.
The Assembly met pursuant to adjournment.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Alexander, Bass, Bishop, Bonner,
Cessna, Cruse, Dennis, Dougherty, Eubank, Floyd, Ford, Gas-
kins, Gleason, Grant, Gerganus, Harris, Hocker, Jacobs, Jones,
Kimball, Knight, Larkins, Lassiter, Lee, Lesley, Long, Loper,
Martin of Suwannee, Martin of Gadsden, McAuley, McClellan,
McKinne, Mizell, Quarterman, Russell, Stanley, Stevens, Stone,
Stripling, Tillman, Townsend, Thompson of Nassau, Walker,
Weeks, Williams and Wofford--4.
A quorum present.
Prayer by the Chaplain.

Mr. Jones moved that the reading of yesterday's Journal be
dispensed with;
Which was agreed to, and the Journal approved.
The following message was received from the Senate:
SENATE CHAMBER,
TALLAHASSEE, FLA., January 15, 1876.
TO THE HON. G. G. MOWRHORTER,
Speaker of the Assembly :
SIR: I am directed to inform you that the Senate has passed
Senate joint resolution for a compilation of the Constitutidn
as amended, etc., and respectfully request-the concurrence of
the Assembly therein.
Respectfully,
ROBERT GAMBLE,
Secretary of 'the Senate.
Which was read, and the accompanying joint resolution
placed among the orders of the day.
Mr. Harris of Monroe moved that Messrs. Mallory and Wil-
liams of Escambia be introduced and sworn as members of the
Assembly;
Upon which the yeas and nays were called for.
The vote was:
Yeas-Mr. Speaker, Messrs. Bass, Bishop, Dougherty, Eu-
bank, Floyd, Gaskins, Gerganus, Harris of Monroe, Hocker,
Jones, Kimball, Knight, Larkins, Lassiter, Lesley, Loper, Mar-
tin of Suwannee, McAuley, McClellan, McKinne, Mizell, Rus-
sell, Stanley, Stevens, Stone,, Stripling, Townsend, Thompson
of Nassau, Walker, Williams and Wofford-32.
Nays-Messrs. Alexander, Bonner, Cessna, Cruse, Dennis,
Ford, Grant, Jacobs, Lee, Long, Martin of Gadsden, Quarter-
man, Tillman and Weeks 14.
So the motion was agreed to.,
Mr. Mallory came forward and was sworn in as a member of
the Assembly, by the Speaker.
Mr. Bishop offered a memorial of W. P. Rembert;
Which was read, and referred to the Committee on Claims.
Mr. Weeks'moved that the memorial, in relation to the es-
tablishment of a Post Route from Drifton to Deadman's Bay,
be withdrawn from the Committee on Railroads and referred
to the Committee on Mail Routes and Post Offices;
Which was agreed to.
Mr. Stevens, from the Committee on Enrolled Bills, made
the following report:
That the Joint Committee on Enrollment, on the 15th day of
January, A. 1876, presented to his Excellency Geo. F. Drew,
Governor of the State- of Florida, an act to provide for the

*

97

Collection of State Taxes for the year 1876, for the approba-
tion of his Excellency.
Very respectfully,
SETH STEVENS.
Which was received and read, and ordered to be spread on
the journal.
Mr. Lee offered the following preamble and resolution:
WHEREAS, This Legislature has been in session since the 2d
day of January, A. D. 1877; and, whereas, The sittings of the
Legislature cost the people of the State of Florida some fif-
teen hundred dollars ($1,500) daily; and, whereas, It is our
bounden duty as public servants, knowing that business is
very much prostrated throughout the United States, and the
taxes of the people in this State very high and burdensome, to
curtail and lessen the expenses of our constituents in every
possible way; therefore, be it
Resolved by this House, the Senate concurring, That the
President of the Senate and the Speaker of this House be au-
thorized to close the present session of the Legislature by ad-
journing their respective houses on the 31st day of January,
A. D. 1877, at 12 o'clock, M.
Which was received, and placed among the orders of the
day.
Mr. Russell, Chairman of the Committee on Public Print-
ing, made the following report:
To THE HON. G. G. McWHORTER,
Speaker of the Assembly :
SIR: The Committee on Public Printing have had under
consideration the resolution referred to them relative to print-
ing the reports of the different departments, accompanying the
Governor's Message, and recommend the printing of 300 copies
of baid reports, in pamphlet form, for the use of the Assembly
and the various departments, and request the Assembly to, so
order the same.
THOSE. T. RUSSELL, Chairman.
Which was read and adopted, and the printing ordered.
ORDERS OF THE 'DAY.
Assembly Bill No. 2:
To be entitled an act to protect the Agricultural interest of
the People of the State of Florida;
Was read the second time.
Mr. Cessna moved to recommit the bill to the Judiciary
Committee;
Which was agreed to.
Assembly bill No. 11 :
7a

98

To be entitled an act to authorize the County Commissioners
of the different counties to levy a special tax for the mainte-
nance of the poor,
Was read the second time.
Mr. McClellan moved that the bill be indefinitely" post-
poned ;
Which was agreed to.
Assembly bill No. 15:
To be entitled an act to protect Voters and Labor,
Was read the second time.
Mr. Witherspoon moved to indefinitely, postpone the bill;
Which was not agreed to.
Mr. McClellan moved that the substitute offered by the Ju-
diciary Committee be adopted in lieu of the original bill;
Which was agreed to.
Mr. Cessna moved teat the substitute, as adopted, be printed
on the journal of to-day ;
Which was agreed to, and the following bill was ordered to
be spread upon the Journal:
A bill to be entitled an act for the Protection of Laborers.
The people of the State of Florida, represented in Senate and
Assembly, do enact as follows :
SECTION 1. That any person who shall by threats, intimida-
tion or force, prevent, or endeavor to prevent, or who shall in-
stigate others to prevent, or endeavor to prevent, by threats,
intimidation or force, any person from doing or performing
any lawful labor in which said person may see fit to engage,
shall be guilty of felony, and, on conviction, shall be confined
in the penitentiary one year.
Assembly bill No. 19:
To entitled an act for the relief of John A. D. Branch,
Was read the third time.
"Mr. Cessna moved to indefinitely postpone the bill;
Which was not agreed to.
The bill was placed upon its passage.
The vote was:
Yeas-Mr. Speaker, Messrs. Alexander, Bass, Bishop Bon-
ner, Cruse, Dougherty, Eubank, Floyd, Ford, Gaskins,
Gerganus, Harris of Monroe, Jacobs, Jones, Kimball,
Knight, Larkins, Lassiter, Lesley, Long, Loper, Martin of
. Suwannee, McAuley, McClellan, McKinne, Mizell, Quarter-
man, Stanley, Stevens, Stone, Stripling, Tillman, Townsend,
Thompson of Leon, Thompson of Nassau, Walker, Williams,'
Witherspoon and Wofford-40.
Nays-Messrs. Grant, Hocker, Lee, Mallory and Russell-5.
So the bill passed-title as stated.

99

Ordered that the same be certified to the Senate.
Assembly bill No. 20;
To entitled an act to transfer causes pending in the County
Courts on the 4th of May, 1875, to other courts,
Was read the first time and ordered for a second reading on
to-morrow.
A'memorial to Congress, asking the establishment of a cer-
tain Mail Route from Greenville, Florida, via Clifton, to Quit-
man, Georgia, was read.
Mr. Alexander moved that the memorial be referred to the
Committee on Mail Routes and Post Offices;
Which was agreed to.
Senate Bill No. 4:
To be entitled an act regulating the Fees of County Survey-
ors in this State,
Was read the first time, and, on motion of Mr. Cessna,
referred to the Judiciary Committee.
Senate Bill No. 3:
To be entitled an act to Permanently Locate the County
Lines of Manatee and Monroe Counties,
Was read the first time, and, on motion Mr. Cessna, referred
to the Committee on City and County Organizations.
Senate joint resolution for the compilation of the Constitu-
tion as amended, &c.,
Was read, and upon the adoption of which the yeas and
nays were called for.
The vote was:
Yeas-Mr. Speaker, Messrs. Alexander, Bass, Bishop, Bon-
ner, Cessna, Cruse, Eubank, Ford, Gaskins, Grant, Gerganus,
Harris of Monroe, Hocker, Jacobs, Jones, Kimball, Knight,
Larkins, Lassiter, Long, Loper, Mallory, Martin of Suwannee,
Martin of Gadsden, McAuley, McClellan, McKinne, Mizell,
Quarterman, Russell, Stanley, Stevens, Stone, Stripling, Till-
man, Townsend, Thompson of Leon, Thompson of Nassau,
Walker, Williams, Witherspoon and Wofford-43.
Nays-None.
So the resolution-was adopted.
Ordered that the same be certified to the Senate.
The rule being suspended the following motions were made:
Mr. Harris of Monroe moved that the Committee on Print-
ing have 100 copies of the Standing Committees printed;
Which was agreed to.
Mr. Hocker moved that two additional members be added to
-the Judiciary Committee;
Which was agrqed to, and the Speaker appointed Messrs.
Mallory and Stripling such additional members.

I

100

Mr. Jonfes moved that Mr. Mallory be added to the Commit-
tee, on Finance and Taxation;
Which was agreed to.
Joint Resolution relative to adjournment,
Was read.
SMr. Harris of Monroe offered an amendment to leave the
entire subject to the President of the Senate and Speaker of
the Assembly;
Which was, on motion of Mr. Witherspoon, adopted.
Mr. McClellan moved that the substitute, as adopted, be re-
ferred to the Committee on Legislative Expenses;
Which was agreed to.
The rule being suspended, the following bills were intro-
duced:
By Mr. McKinne:
Assembly bill No. 21:
To be entitled an act for the relief of J. H. and A. L. Ran-
dolph ;
Which was read the first time, and referred to the Committee
on Claims.
By Mr. Ford:
Assembly bill No. 22:
To be entitled an act for the relief of S. C. Watkins ;
Was read the first time, and referred to the Committee on
Claims.
By Mr. Gaskins:
Assembly bill No. 23:
A bill to be entitled an act to re-establish the records of
Bradford :)unty;
Was read the first time, and referred to the Judiciary Com-
mittee.
By Mr. Walker:
Assembly bill No. 24:
To be entitled an act to authorize Joseph H. Googe to
manage his own estate ;
Was read the first time, and referred to the Judiciary Com-
mittee.
Mr. Harris of Monroe moved that the Assembly adjourn
until 10 o'clock A. M. to-morrow;
Which was agreed to, and the Assembly adjourned.

	Title Page
	January 1877
	February 1877
	March 1877
	Appendix

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