A Journal of the proceedings of the House of Representatives of the ... session of the Legislature of the State of Florida

J OURNA L

Of The

HOUSE

OF REPRESENTATIVES

Of The

STATE

OF FLURIDA

Third Session,

under

the Constitution

of A. D.

in the City of Tallahassee, in the State of

Florida,

on Tuesday,

the seventh day

of April,

A. D. 1891.

Tallahassee,

Fla.

1891.

UNIVERSITY OF FLORIDA

LAW LIBRARY

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4

Clark, Frank, Polk county.
Carter, Syd. L., Alachua county.
Canty, T. R., Gadsden county.
Carson, L. D., Liberty county.
Carleton, Robert P., Nassau county.
Coulter, R. D., Volusia county.
Dimick, E. N., Dade county.
Dykes, William H.,Jackson county.
Dougherty, Charles, Volusia county.
GaAkins, J. L., Bradford county.
Goode, M. W., St. John's county.
Haddock, Joseph N., Duval county.
:Hicks, Henry Clay, Franklin county.
Hollinger, E. K., Leon county.
Hocker, W. A., Lake county.
:Hitehiinson, Henry, Putnam county.
4igh,:W. B., Suwanese county.
Johns,. John I), Bradford county,
ietik4is, John M., Taylor county.
Sag,J. W. F, A hua county.
L AifoAd, T. A.,: Columbia county.
UAivender, John L, Wakulla county.
:Eainn, W. D, Baker county.
May D.I, Jeferson county.
orris, John E, Jefferson county.
Zo. J L, HmiktOn county.
Jroe, AB;gwtae, Putnam county.
McRae, H. C.,"Pasco county.
MpKCAkill, E. V, Santa Rosa county.
WBW*ailz, Alerander, Walton county.
NewlanJ, J. R., Swannee county.
Overstreet, E. L. D., Osceolaoa.ounty.
Parker, T. O., DeSoto county.
JPeacock, J. M. L, LaFayette county.
Pittman, Thomas H., Holmes county.
Priest, C. M., Clay county.
Richbourg, J. F., Santa Rosa county.
,Robinson, S. M, 'Washington county.
"Rye, Henry F, Madison county.
Saulsbury, R. S., Citrus county.
Shine, T. W., Orange county.
Summerlin, Samuel, Lee county.
Sparkman, S. E, Hillsborough county.
Stapler, J. F., Hamilton county.
Turbull, Theodore, Leon county.

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p

C..

5

Thompson, Phil. E., Monroe county.
Trammnell, J. W., Polk county.
Usiima, D. B., St. Johns county.
Vaughn, J. B., Escambia county.
Vann, Livingston, Madison county.
Wilson, E. A., Lake county;
Whitner,B. F., Orange county.
W hitehurst, Walton, Hillsborough county.
Young, R.. T., Manatee county.

I,.Jno. L. Crawford, Secretary of State, do: hrebi certify
t ait the foregoing is, a correct list of the members s o the '
House of Representatives of the State of Florida.

Given under my hand and the Great. Seal of, the State of
Florida, at Tallahassee, the Capital, thia 7th day of A^1i, A.
D. 1891.
[L. S.] JN<. L. G^wwLof;
Seeinetay,:of Sta^tt.
On motion of Mr. Dougherty, Associate. Justice:: Miton H,
Mabry of the Supreme Court, was requested- to administer the
oath ofoffice to the House of Representatives.
Th'e following members came forward and took, thm1 oath of
office, administered by His Honor, Associate J justice Milton HI
Mabry of the Supreme Court, to wit:
Messrs. Baker, Baltzell, Bates, Berry, Bethel, Beville,
Blitchf of Marion, i of Levy, Bogue, Brown, BufordcTof
Callioun, Burford of Marion, Canty', Carleton, Carter, Carson,
Clhrk, Coulter, Iimick, I)ougherty, Dykes, Gaskins, Goode,
Haddock, Hicks, High, Hocker, Ilolllinger, Hut chinson, Jen-
kins, Johnss, King, Lanigford, Lavender, Mann of Baker, Mays,
McCaskill, McRtae, MAeSwain, Monroe, Morgan, Miorris, N!ew
lan, Overstreet, Parker, IPeacock, Pittman, Prie lobiinson, Rye, Saulsbury, Shine, Sparkmani, Staple, Summerlin,
Thompson, Trammell. Turnbull, Usina, Vann, Vi, aughn,
Whitehurst, Whitner, Wilson, Young.
Mr. Gaskins moved that the lion. Charles 1)ougherty of
Volusia be made Speaker pro tern.,
On motion, Messrs. Blitch of Marion, Gaskins and Clark
were appointed a Committee to escort the Speaker pro tern.
to the chair.
On motion of Mr. Trammell of Polk, Dr. Wm. Forsyth
Bynum of Suwannee, was elected as clerk pro te#n.
Mr. Burford of Marion, nominated the Hon. JohnI L. Gas.
kiis of Bradford for Speaker of the House of Representatives.

6

The roll being, called the vote was:
Yeas.-Messrs. Baker, Baltzell, Bates, Berry, Bethel,
Beville, Blitch of Marion, Blitch of Levy, Bogue, Brown,
I)kfOrd of Calhoun, Burford of Marion, Canty, Carleton,
"Carter, Carson, Clark, Coulter, Dimick, Dougherty, Dykes,
Gaskins, Goode, Haddock, Hicks, High, Hocker, Hollinger,
Hutckinson, Jenkins, Johns, King, Langford, Lavender, Mann
of Baker, Mann of Hernando, Mays, McCaskill, McRae,
McSwain, Monroe, Morgan, Morris, Newlan, Overstreet,
Parker, Peacock, Pittman, Priest, Richbourg, Robinson, Rye,
Satlsbury, Shine, Sparkman, Staple, Summerlin, Thompson,
Trammell, Turnbull, Usina, Vann, Vaugn, Whithurst, Whit-
er, Wilson Young-65.
Nays--N ne.
The Ho1n.'John L. Gaskins wwa' declared unanimously elected
as.permanent Speaker of the House of Representatives.
On motion, Messrs. Stapler, Berry and Coulter were ap-
pointed a Committee to escort the Speaker-elect to the chair.
Upon taking the chair the Hon. Mr. Gaskins, Speaker-elect,
made appropriate remarks thanking the members of the House
for the honor conferred upon him.
On motion of Mr. Dougierty, the House proceeded to the
election of Chief Clerk.
SMr. Burford, of Marion, nominated Dr. Win. Forsyth
Bynum, of Suwannee.
The roll being called, the vote was:
Yeas-Messrs.' Baker, Baltzell, Bates, Berry, Bethel, Beville,
Blitch of Marion, Blitch of Levy, Bogue, Brown, Buford of
Calhoun, Burford of Marion, Canty, Carleton, Carson, Clark,
Coulter, Dimick,'Dougherty, Dykes, CGoode, Haddock, Hicks,
High, Hocker, Hollinger, Hutchinson, Jenkins, Johns, King,
Langford, Lavender, Mann of Baker, Mays, McCaskill, McRae,
McSwain, Monroe, Morgan, Morris, Newlan, Overstreet, Par-
ler, Peacock, Pittman, Priest, Richbourg, Robinson, Rye,
S'aulsbury, Shine, Sparkman, Stapler, Summerlin, Trammell,
Turnbull, Usina, Vann, Vaughn, Whitehurst, Whitner,
Wilson, Young-63.
Nays-None.
So Dr. Wm. Forsyth Bynum was elected as Chief Clerk and
was sworn' in by the Speaker.
Mr. Burford moved to proceed to the election of Assistant
Clerk;
Which was agreed to.
Mr. Burford nominated Mr. George B. Dickinson for As-
sistant Cerk:

7

"The vote was:
Yeas-Mr. Speaker, Messrs. Baltzell, Bates, Berry, Bethel,
Beville, B litch of Marion, Blitch of Levy, Bogue, Brown, Bu-
ford ,of Calhoun, Burford of Marion, Canty, Carleton, Carter,
arsonlo, Clark, Coulter, Dimick, Dougherty, Dykes, Goode,
Hiaddllock, Hicks, High, Hocker, Hollinger, Hutchinson, Jen-
kins, Johns, King, Langford, Lavender, Mann of Baker, Mays,
YIc('askill, McRae, McSwain, Monroe, Morgan, Morris, New-
1an, Overstreet, Parker, Peacock, Pittman, Priest, Richbourg,
Pob)inson, flye, Saulsbury, Shine, Sparkman, Stapler, Sum-
Iruerlin, Trammell, Turnbull, Usina, Vann, Whitehurst, Whit- '
t.er, Wilson and Young-61.
Nays-None.
Mr. (George B. Dickinson was elected Assistant Clerk and
4was sworn in by the Speaker.
Mr. Dougherty moved to proceed to the election of Ser-
eant-at- Arms :
Which was agreed to.
Mr. Ilurford, of Marion, nominated Jno. L. Bryan.
The roll being called, the vote was:
Yeas--Messrs. Baltzell, Bates, Beville, Blitch' of Marion,
>ohgue, Buford, Iurford, Canty, Carleton, Carter, Car-:
n!Wn, (lark, Coulter, Dimick, Dougherty, Dykes, Goodev
Haddock, flicks, -High, Hocker, Hollinger, Hutchinson, Jen-.
Iins, .John, King, Langford, Lavender, Mann of Baker,
3Iays, McCaskill, McRae, McSwain, Monroe, Morgan,
Miorris, Newlan, )verstreet, Parker, Peacock, Pittman,A
IPr'est, I ichbourg, Robinson, Rye, Saulsbury, Shine, Spark-,
inan, Stapler, Summnerlin, Trammell, Turnbull, Usina, White-
lhurst, Whitner, Wilson and Yonng-58.-
Nays-None.
Mr. Dcugherty, moved that a committee of three be ap-
Jp' inteOl to inform the Governor that the House was organized
:and ready to receive any communication from His Excellency
-that he may be pleased to transmit;
"Which was agreed to;
And the Speaker appointed Messrs. Clark, Shine and
IHaddock.
After a brief absence, the committee returned and reported
That they had performed the duty assigned and asked to
14e discharged.
The committee was discharged.
A committee from the Senate appeared at the bar of the
IHouse and informed the House that the Senate was organ-,
ized and ready to proceed to business.

8

Mr. Dougherty moved that a committee -of three te apr
pointed to notify the Senate that the House was organized
and ready to proceed to business.
Which was agreed to.
And the Speaker appointed Messrs. King, Vaughn, aadi
Staples as such committee.
After a brief absence, the committee reported. that they ha&i
performed the duty assigned them and asked to be dis-

M. Baltzell, of Nassau,. offered the following concurrent
resolution;
Resolved, the Senate concurring ,That a committee, con-
sisting of two on the part of the Senate and tfh froui the
oiuse,.be appointed to investigate the books, records and ac-
counts of the Comptroller and Treasurer, and. they are atlihr-
iqed to enmply such clerical aid as will enable them to makE
thorough investigation;
Which was read the first time and laid over under the rulek.
Mr. E. KI, ollinger,.of Leon, offered the following concur--
rent resolution:
evived, 'That a committee of five be appointed, three from
the House and. two from the Senate, to examine the books.anil
papers of the Commissioner of Agriculture, and that they b*
allowed to employ such clerical help as they find neeesavy;:
Which was read the first time.and laid over under the rules.
On motion of Mr. Dougherty, of Volusia, the following
named officers and attaches were duly elected by accclarna-
tion and:sworn in:
Reading Clerk-Nat. R. Walker,
Recording Clerk-A. F. Hill.
Engrossing Clerk-H. J. Drane.
Enrolling Clerk-James S. Fannin.
Meseenger-W. W. HIigginbotham.
Doorkeeper-T. M. Atkins.
Janitor-Geo. Dice.
Pages--Richard Drysdale, Underwood Sims, Eddie Wilson:.
Who were duly sworn in by the Speaker.
The Rev. Mr. Poage, of Tallahassee, was selected as Chap -
lain.
Mr. Doughterty moved that the rules of the last House off
Representatives be adopted for the government of this House*.
On motion of Mr. Shine the House took a recess until T
o'clock P: M.

9

TIIREEI O'CLOCK P.M.
The House resumed its session.
The following mt mbers were present:
Mr. Speaker, Messrs. Baltzell, Bates, Berry, Bethel,
Beville, Blitch of Marion, Blitch of. Levy, Bbgue, Brown,
Burford, Canty, Carleton, Carter, Carson, Clark, Coulter,
Dimick, Dougherty, Dykes, Goode, Haddock, Hicks, HIigh,
Jeakins, Johns, King, Laugford, Eavender, M nn of Baker,
Mays, MoCaskill, McSwain, Monroe Morgan, Mbinis Parker,'
Pittman, Piest, Richbourg, REbitbson Rye Shie, Stapler,
Srmerdin, Thompson, Trammelt, Thrnibulr, Van., Vaughn,
Whitner Wilson and Young.-58.
A-qeoratm present.
Uesotetiou offered by. Mr. Ttunlbill of Leon:
WMinAs, There ha been no provisions madb1f6r thecon
veiience of the reprepsetat4ves of the prs, many :of whom
are among um be it b
Resolved, That the Sergeant-at-Arms be inma tedoplace '-
a tble or desk in frout of! thae Seretary des for th on '
vuienoe of the reporters who. may vist this haU: daiungthe
session.
Resolution adopted;
Mr. Clark, of Polk,. offered the following resolution:.
Resolved, That there be printed daily 1,500 copies. of thi.
House Journal.
Mr. T. W. Shine, of Orange, offered to amend by making,
the number 750.
Mr. Wilson, of Lake, moved to strike out 7-50 and insert, "
500;
Which was agreed to.
On motion of Mr. Hocker, the House adjourned until 10
odclatk o-morrow morning.

I
if-

.

10

WEDNESDAY, April 8th, 1891.
The .House of Representatives met pursuant to adjourn-
ment.
The Speaker in the chair.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Baker, Baltzell, Bates, Berry, Bethel,
Beville, Blitch of Marion, Blitch of Levy, Bogue, Brown, Bu-
ford, Burford, Canty, Carleton, Carter, Carson, Clark, Coulter,
Dimick, Dykes, Goode, Haddock, Hicks, High, Hocker, Jen-
kins, Johns, King, Langford, Lavender, Mann of Baker, Mann
of Hernando, Mays, McCaskill, McRae, Monroe, Morgan,
Morris, Newlan, Overstreet, Peacock, Pittman, Priest, Rich-
bourg, Robinson, Rye, Saulsbury, Shine, Sparkman, Stapler,
Summerlin, Thompson, Trammell, Turnbull, Usina, Vann,
Vaughn, Whitehurst, Whitner, Wilson and Young-62.
A quorum present.
Prayer by Rev. W. M. Poage, Chaplain.
Mr. Baker, of Jackson, moved that Messrs. Mann and
Atkinson be sworn in;
Adopted.
Messrs. Mann, Coulter and Atkinson were accordingly sworn
in by Dr. Wm. Forsyth Bynum, Notary Public.
Mr. Blitch, of Marion, offered the following resolution;
Which was adopted:
IRe.oled, By the House of Representatives that a special
committee of nine be appointed on retrenchment.
Mr. Baker of Jackson, introduced-
House Bill No. 1:
A bill to be entitled an act to repeal Section 1, Chapter,
3895 of the acts 'of 1889, laws of Florida, prescribing time
in which chattel mortgages shall be recorded;
Which was read first time and referred to Committee on
Judiciary.
Mr. Baker of Jackson, introduced-
House Bill No. 2:
A bill to prescribe the manner of payment of jurors and
State witnesses, to repeal Chapter 3108 of the laws of Flori-
da, approved March 8th, 1879, being an act entitled "An act
to prescribe the manner of payment of jurors and State wit-
nesses;"
Which was read first time and referred to Committee on
Judicniarv.

11

Mr. Haddock, of Duval, introduced-
House Bill No. 3:
A bill to be entitled an act to facilitate the listing of prop-
erty for taxation ;
Which was read the first time and referred to the Com-
mittee on Finance and Taxation.
Also,
House Bill No. 4:
A bill to be entitled an act relating to the fees of county
officers;
Which was read the first time and referred to the Commit-
tee Judiciary..
Mr. Clark, of Polk, introduced-
House Bill No. 5:
A bill to be entitled an act to repeal an act to provide for
the regulation of railroads, freights and passenger tariffs in
this State; to prevent unjust discrimination in this State in
the rates charged for transportation of passengers and freights;
to prohibit railroad compaines, corporations and lessees in this
State from charging other than just and reasonable rates, and'
to punish the same, and prescribe a mode of procedure and
rules of evidence in relation thereto, and to appoint commis-
sioners, and to prescribe their powers and duties in relation to
the same, approved June 7, 1887; and to repeal all acts
amendatory thereof;
Which was read the first time and referred to the Com-
mittee on Railroads.
Mr. Clark, of Polk, introduced-
House Bill No. 6 :
A Bill to be entitled an act to define the grounds for divorce
in this State and to fix the length of residence necessary be-
fore the institution of divorce proceedings;
Which was read first time and referred to Committee on
Judiciary.
Mr. Clark, of Polk, introduced-
House Bill No. 7 :
A bill to be entitled an act to fix the rate of passenger fare
on all railroads in the State of Florida and to provide penal-
ties for violation of its provisions;
Which was read first time and referred to Committee on
Hailroads.

12

Mr. Clark, of Polk, introduced-
House Bill No. 8:
A bill to be entitled an. act defining the liabilities of rail-
road companies in certain cases ;
Which was read first time and referred to Committee on
Judiciary. ,
Mr. Clark, of Polk, introduced-
House Bill No. 9:
A bill entitled an act requiring all railroads in this State. to
erect blow-posts within. certain distanceof where their lines of
road may cross any dirt road or any other railroad; to regu-
late the running of trains at such crossings, and to provide
penalties fbr its violation;
Which was read first time and referred to Committee on
Railroads.
Mr. Vann, of Madison, introduced-
Honse Bill No. 10:
A bAoo.lb entled an at to empower the Governor, Treau-
urertadA :g(ptrl toblw-mgwey fbr State purposes;
Which weM rde r fiv times anS referred to Committee on
Finmase,
Mr, Vanm, eo Madison, intodtced--
House Bill No. 11 :
A bill to be entitled an act to fit the rate of interest on
money, bonds, notes, judgments and decrees, and to prevent.
usurious transactions;
Which was read first time and referred to Committee on
Judiciary.
Mr. Vann, of Madison, introduced-
House Bill No. 12:
A bill to be entitled an act including conditional sales
within the- recording acts,
Mr. Vann, of Madison, introduced-
House Bill, No. 13: .
A bill to..be entitled: an act requiring county school boards
to purchase and furnish. school books to pupils at actual cost
prices;
Which was read the first time and referred to the Commnit.
tee on Education.
Mr. Blitch, of Levy, introduced the following amendment to.
the Constitution:
Be it resolved by the Legislature qf the State qf Florid,
That the following amendment to the Constitution of the State

13

of Florida be, and the same is hereby agreed to, and shall be
submitted to the electors of the State at the general election
in 189!, for ratification or rejection and numbered Article 1:
Section 9 of Article XVI shall be amended so as to read as
follows:
Section 9. In all criminal cases prosecuted in the name of
the State when the defendant is insolvent or; discharged, the
legal costs and expenses, including the fees of officers, shall be
paid by the counties where the prosecution occurs, under such
regulations as shall be prescribed by law.
A niessage was received from His Excellency the Gov-
ernor.
"Mr. Shine, of Orange, moved to dispense with the reading
of the message and that the message be spread upon the.
Journal;
Which motion was agreed to.
The following is the message from His Excellency the Gov-
ern or :

GOVERNOR'S MESSAGE.

STATE OF FLORIDA,
EXECUTIVE OFFICE, April 7, 1891.
Gr tlemien qf th e ASeitnde nd .MIouse of -RepremeniPeives
"The Constitution provides that 'The Governor hall. corn- '
irmnicate by message to the Legislature at -each regular ...as-
"sdon information concerning the condition of the S9te, 4 'd
recommend such measures as he may -.deem exp dintb ." .
shall endeavor, as briefly .as may be conistt m with the public ,
interest, to comply with this duty.

'GENERAL (CONDITION OF THE STATE.
/' It is gratifying to note the increasing .prosperity of our
State.. Her varied industries and .resources have .eontinaed
to attract immigration and capital. Her population haa .
increased from 269,493 in 1880, to 891,422. in- 1890-an im-
crease of 45.24 per cent, being a greater pecent4ge of in-
crease than any other Southern. State.or..any Otiher j -- eat..
of the Mississippi. Her extensive system of railroads has
been added to, within the last two years, hy the completion of

14

several important lines, and the inauguration of new routes,
thereby facilitating the transportation of our produce to the
markets of the country. Transportation facilities to the East
-Coast country, extending as far 9outh as Lake Worth, has
stimulated and rendered profitable the growing of the pineap-
pie, cocoanut and other tropical products, and has opened up
to settlement one of the most attractive portions of the State.
Notwithstanding the fact that the freeze of last year, follow-
ing an unusually mild winter, caused the apprehension that
serious damage had befallen the orange industry, the crop of
the past season has, at least, equalled that of any previous sea-
son, and better prices have generally been realized than for
several years past. The successful drainage and reclamation
of large areas of submerged lands, unsurpassed in fertility and
unexcelled in the growth of sugar-cane which, by reason of a
semi-tropical climate, more thoroughly matures than in any
other State, gives reasonable assurance that in the near future
Florida will produte the great bulk of sugar consumed in this
country. The successful culture of the finest grades of Cuba
and Sumatra tobacco within our State, has given an impetus
to this industry, which promises great expansion and most
gratifying results. Besides a large yield of the short staple,
Florida produces more than two-thirds of the long staple cot-
ton raised in the world. Our lumber interests are growing
and.prosperous and, with the abundant supply of our vast
forests,-will so continue for many years. Our manufactures
are increasing and becoming more varied; and there is reason
to hope that a realization of our propitious climate and abun-
dant and varied material will demonstrate the advantages of
Florida as a manufacturing State which will rapidly increase
such industries. There is nothing, however, which gives prom-
ise of greater wealth and prosperity to the State than the dis-
covery, in large quantities, of rich phosphate deposits in vari-
ous sections. Already fifty-one companies, with authorized
capital aggregating $20,688,000, have been organized for the
mining'of phosphates, many of which are in successful opera-
tion, yielding a large out-putt and providing an important c;om-
o .'

.4.

1 -)

modity of commerce, and one or more factories for the manu-
facture of phosphate fertilizers within the State, have been
. put in operation.
Our State continues to be the favored resort of winter
tourists-whether in the pursuit of health or pleasure,
Snot a few of whom, appreciating our attractions and resources,
make investments and give us the benefit of their capital and
energy. The tourist season just drawing to a close has prob-
ably exceeded any other, in the number of persons who have
visited Florida.
Good health and domestic tranquility are among the many
' blessings vouchsafed us by a merciful Providence.
BONDED INDEBTEDNESS.
The investment of the School, Seninary and Agricultural
College Funds in the. bonds of the State has reduced the
amount of such bonds held by private parties to the sum of
$359,000.00, as shown by the following statement:

Seven per cent. Bonds of 1871....... ...... $350,000.00
Six per cent. Bonds of 1873... ...... .... 925,000.00

$1,275,000.00"
Deduct bonds of 1871 and 1873 in Sinking'
Fund ...... .. . .. ......... 242,500.00

$1,032,500.00
Bonds in School, Seminary and Agricultural
College Funds.... .... .... ... 673,500.00

Leaves in hands of private parties............ .$35,000.00

The bonds command a high premium and the credit of the
State is first rate. .

In the statement of our bonded indebtedness I have not in-
eluded $132,000.00 of State bonds remaining unpaid of an
issue of 1856, to provide for the expense of troops called into
the State service to repel the hostilities of the Seminole'
Indians, which are held by the United States in the Indian

i .

16

Trust Fund, for the reason that the State has valid and
admitted claims against the General Government which will
pay these bonds and leave a large balance due the State.

STATE FINANCES.
1 invite your attention to the reports of the Comptrolleir and
Treasurer for the years ending December 31, 1889 and 1890,
respectively, which are herewith submitted for full information
as to the finances and financial condition of the State.
In his last report the Comptroller specifically sets forth the
increased expenditures of the State since the adoption of the
present Constitution by reason of the additional demands upon
the State Treasury, in part by constitutional provisions, and in
part by subsequent legislation.
The principal annual expenses added to the State by the
present Constitution and subsequent legislation may be illus-
trated'by the statement thereof for the year 1890, as follows:
Criminal Prosecutions ....... ................ 72,482.97
Pensions. .'. ..... ,............ ..... .. 29,882.88
Railroad Commission........ ........ ......... 9.,184.02
State Board of Health....................... 27,327.34
Normal Co6leges .... .... ........ .... .... .. 8,000.00
Additional pay to jurors by raising per diem
from U1.25 to *2.00 (estimated) ........... 40,000.00

Total .............. ..... ........ 186,8717.16
Besides such annual increase, to fully appreciate the de-
mands upon the State Treasury, we must take into considera-
tion the cost of-the Constitutional Convention of '55,000.00,
"and extra %appropriations for public whool buildings, furniture,
apparatus, etc., and for additional buildings for the Insane
Asylum made by the last Legislature, amounting to $59,915.00,
The State expenditures were increased in a much greater
proportion than the'increase in the taxable values of property,
nor was provision made for such increased expenditures by an
adequate increase in'the rate of State taxation. Within the
*sime'period there was for two years a decidetl shrinkage of the
license revenue by reason of the adoption, in a number of the conn-

17

ties, f the law prohibiting the sale of intoxicating liquors, which,
in most cases, has contributed more to produce a' dry treasury
than a d ry county. Effect follows cause, and a deficiency in
the general revenue of the State was the natural and inevitable
result of the causes above mentioned.
A deficiency at the inception of the present administration
and the expense of the Legislature in extra and regular ses-
sion was met by a temporary loan of $100,000.00, effected in.
pursuance of authority of the last Legislature, which netted
the State $95,500.00. This became due May 29, 1890, and
not being in funds to pay it, was taken up by a new obligation
which becomes due May 1, 1891, which should be provided
for; besides which the necessary deficiency appropriations, es-
timated by the Comptroller to be $35,000.00, the current ex-
penses and the expenses of the ensuing Legislature, will ex-
S ceed our income so as to produce a still further deficiency, which
"should also be provided for.
The financial problem of the State is the most serious which
will claim your attention. That prince of English novelists
and wonderful portrayer of human nature, gives us in David
Coppertield" an interview between Mr. Micawber, who had
experienced all the vicissitudes and inconveniences of gentle-
manly poverty, and young David Copperfield, in which that
gentleman impresses upon David that the financial margin be-
tween happiness and misery is a very narrow one. Says Mr.
Micawber, If a man had twenty pounds a year for his income
and spent nineteen pounds nineteen shillings and sixpence, he
would be happy; but if he spent twenty pounds one, he would
be miserable."
The moral may well be heeded in State as well as personal,
affairs; and we must bring our expenses within our income if
we would avoid serious embarrassment and the depreciation of
the State's credit, which now stands high.
In furtherance of the subject, I recommend a wholesome,
but judicious economy in appropriations-bearing in minnd
that certain expenses are as necessary to the interest and pros-
)eritv of the State, as the avoidance of others are conducive
to the same result.
"h

18

I recommend the proposal of an amendment to the Consti-
tution providing for the payment of the costs and expenses of
criminal prosecutions by the counties in which the proceedings
are had. The local authorities can best adjust the costs which
are incurred in their vicinage.
It seems most appropriate that fines and forfeitures which
result from criminal prosecutions should be utilized for the pay-
ment of the costs thereof. I recommend, therefore, in con-
nection with the foregoing, the proposal of a further constitu-
tional amendment providing for the payment of all such fines
and forfeitures to the several counties to be used for the pur-
poses above indicated.
The State paid to the grand jurors for the year 1890 about
$28,000. While the Constitution of the United States, as well
as that of the States, provides that no person shall be tried for
a capital crime unless on presentment or indictment of a grand
jury, the question presents itself whether the rights of the
people would not be as well guarded by.the reduction of the
number of the grand jury to a maximum of nine and mini-
mum of seven, with six to concur in an indictment, and there-
by save about one-half of the expense. The province of the
grand jury is to ascertain from the evidence presented in be-
half bf the prosecution whether it shows probable cause that
a crime has been committed so as to put the accused on trial.
In no sense do they try the issue; the accused not being per-
mitted to appear before them in person or by counsel, or to
present testimony in his own behalf. It is not apparent to me
why nine men are not as competent to make this inquiry as
Eighteen, nor w hy, w ith such reduced p anel, the sufficient cy of
six to concur in an indictment would violate any principle of
justice'or jeopardize any right. The magic number of twelve
appears to me has only its antiquity to recommend it, and the
objection of the innovation of ancient custom might as well
have been urged to the reduction of the petit jury from twelve
to six, which, in fourteen years, has saved the State a vast
amount of money. I therefore recommend reducing grand
juries to the number above suggested.
The increase in the pay of jurors from a dollar and a

19

quarter to two dollars per day, as shown by the Comptroller's
report, has increased the annual expense of the State for
jurors about *40,000. Jury service is a duty which the citizen
owes to the State for the good of society. The juror should
receive a sufficient compensation to cover his actual expenses,
but the pay should not be an inducement to seek such service.
I, therefore, recommend the reduction in the pay of jurors to
a dollar and a quarter a day, or to such other amount, as in
your opinion, will be sufficient to cover their expenses.'
A reduction in conformity with such recommendations and
others which I shall make in connection with other subjects,
and avoiding extraordinary and unnecessary appropriations,
"will bring our expenses within a moderate taxation. But the
necessity still exists to provide for' the deficiencies resulting
from past expenses, and instead of placing oh the people the
burden of such increased taxation as would be necessary ito,
pay the same instanter, I submit to you, with my, approval, the'
recommendation by the Comptroller of the proposal of a Con-
stitutional amendment, authorizing the funding in bonds of the
$100,000 loan and other indebtedness of the State by reason
of the deficiency in the general revenue, and that a temporary
loan be authorized in the meantime to meet such deficiencies.
TAXATION*
The Constitution directs that "the Legislature shall pivovide-i
for a uniform and equal rate of taxation, and shall preiiribe
such regulations as shall secure a just valuation of all property,
both real and personal, excepting such property as may be exi
empted," etc. .
In compliance therewith the Legislature hat provided fd i
the assessment of all taxable property at its," full cash value"
If such direction was complied with, it wouldinsure "a unim-
form and equal rate of taxation" and "a just valuation" of
property whereby the burden of taxation would be equally
distributed upon property throughout the State. But a wi ie
departure from the law is the rule in almost every part of the.
State, and the disposition to make low assessments so as to
avoid paying more than a due proportion of the State taxes,
obtains and is acted upon in probably every county. I,pre-l

rf

24)

sume it is safe to say that the average rate of valua-
tion of the taxable property of the State is not
more than one-third of its value; and while the as-
sessments of 1890 aggregate about $92,000,000, the actual
value of the taxable property is at least $30),000,000.. Another
unfortunate result of this disregard of the law is the want of
uniformity of valuation, which results in very unequal taxa-
tion. The benefit to the State of a full valuation of taxable
property and a corresponding low rate of taxation is manifest.
I therefore, repeat to you my recommendation to the Legisla-
ture of 1889 to provide for a State Board of Equalizqrs, to
visit each county and revise assessments, with a view of secur-
ing a just and proper valuation of property and a uniform
and equal rate of taxation throughout the State.
Much injury has accrued to the State by the placing of
State and United States lands on the assessment rolls in va-
rious counties, which have subsequently been sold for non-
payment of taxes. This has resulted in the payment of im-
proper fees and commissions to assessors and collectors and
advertising bills for lands not subject to taxation. There are
instances of the bidding off of such lands at tax sales by indi-
viduals, who, under color of pretended tax title, have des-
poiled them of valuable timber and committed other depreda-
tions-thereon. It has also resulted in a cloud upon the title of State
lands which has seriously interfered with sales. Lists of all
State and United States lands in the various counties have
been furnished the assessors by the Comptroller, so that there
will be no excuse hereafter for such improper assessments, and
the attention of the collectors has been called to such lists,
and they have been instructed not to advertise or sell any
such State and United States lands which may be improperly
placed on the assessment rolls.
I recommend an amendment to the tax law, which will pre-
vent the payment to assessors or collectors of fees .or com-
missions for such lands improperly assessed or sold.
INDIAN WAR CLAIM.
"The claim of the State of Florida against the General G(ov-
ernment to reimburse the State for moneys extended by her

in the (equiplment, maintenance and pay of troops to repel the
Indian outl1reak of 1855-7 still remains unsettled. By an act
of Congress approved March 2, 1889, the Secretary of the
Treasury was directed to examine the claim of the State of
Florida reported in the letter of the Secretary of War dated
May 22, 1882, and under previous acts of Congress and in
connection therewith to report the amount of all claims in
favor of the General Government against the State of Florida
and in said report to state the account between the General
Government and the State of Florida." The importance to
the State of Florida of the account so directed to be stated
was such that notwithstanding the efficient services of the
.State agent at Washington in the matter, I deemed it proper
during the summer of 1889 to send the Comptroller to Wash-
ington to confer with the government officials in reference
thereto, and later in the year myself visited Washington in
Sthe same interest.
"TIhe statement of the account by the Secretary was' as fair
and satisfactory to the State as we could have reasonably ex-
pected, and I had hoped that there would be no obstacle to an
appropriation by the last Congress for its payment, but such
hopes have not been realized.
I submit herewith the report of S. I. Wailes, Esq., the State
agent, which, with the papers appended thereto, will give you
full information as to this claimi-its present status and the
efforts made to secure its recognition by Congress, and an ap-
propriation to pay it.
REFUNDING OF THE UNITED STATES DIRECT TAX.
The last Congress passed an act to credit and pay to the
several States and Territories and the District of Columbia all
the moneys collected under the direct tax levied by the act of
Congress, approved August 5th, 1861.
By the report of the Secretary of the Treasury to the 49th
Congress, Ex. Doc., No. 158, it appears that of this tax, there
was collected from the State of Florida the sum of $43,529.81,
which the State is entitled to receive under the provisions of
"the said act. It is also provided by the said act -that where
the sums, or any part thereof credited to any State, have been

22

collected by the United States from the citizens or inhab-
itants thereof, or any other person, either directly or by sale of
property, such sums shall be held in trust by such State for
the benefit of those persons or inhabitants from whom they
were collected, or their legal representatives; and that all
claims under such trust shall be filed with the Governor of the
State within six years next after the passage of the act; and
'all claims not so filed shall be forever barred and the money
"attributable thereto shall belong to the State.
The act also contains the .following provision: But no
money shall be paid to any Statc or Territory until the Legis-
lature thereof shall have accepted, by resolution, the sum
Sherein appropriated and the trusts imposed in full satisfaction
of all claims against the United States on account of the levy
and collection of said tax, and shall have authorized the Gov-
ernor to receive said money for the use and purposes afore-
said."
I, therefore, recommend the adoption of a joint resolution
to comply with the foregoing conditions so as to authorize the
payment to this State of the money to which she is entitled
under the said act.
CAPITAL OFFENSES.
The statute, after defining murder in the first, second and
, third degrees, and manslaughter in like degrees, (Chap. 55,
FMtClellan's Digest) provides as follows : "Every other killing
*of a human being by the act, procurement or culpable negli-
gence of another, where such killing is not justifiable or ex-
cusable, or is not declared in this chapter murder or man-
slaughter of some other degree, shall be deemed manslaughter
in the fourth degree." Under an indictment for murder in the
first degree, any lower grade of homicide may be found, and
to justify a verdict of not guilty a jury must conclude that
the killing, if proven, was either ', justifiable or excusable."
The frequent acquittals in murder trials, where the testimony
would not appear to the ordinary mind to justify the conclu-
sion that the homicide was justifiable or excusable, demands
the attention of the law-making power, and the inquiry
whether there is not some defect in the machinery of criminal
4-.

23

procedure which may be remedied with benefit to the com-
monwealth. In this connection I would call your attention to
a statutory provision which allows the Paccused in a capital
case twenty peremptory challenges, besides as many more as
he may show cause for, while the peremptory challenges of
the State is limited to five besides those for cause. Such a
disproportion had its origin in tender regard for human life
and the necessity in the early ages for throwing around the
prisoner all possible safeguards to prevent oppression and im-
proper conviction. Such dangers are very remote in this day.
Popular sentiment, which prevails throughout the whole
country, on the contrary, in harmony with the law, is disposed
to resolve all reasonable doubts in favor of the innocence of
the accused. The advantage to the prisoner of having four
times as many peremptory challenges as the State is not neces-
sary, in my opinion, in order to secure a fair and impartial
trial, and it renders the impaneling of a jury in 'such cases
difficult and expensive, and too often sifts out the most re-
sponsible men on the panel, and results in a jury of the friends
of the accused disposed to acquit in spite of the evidence. I
therefore recommend that the law be amended, reducing the
peremptory challenges of the prisoner in the trial of indict-
ments for capital offenses to the same number as that allowed
the State.
STATE BOARD OF HEALTH.
The yellow fever epidemic which prevailed in our State
during the years 1887 and 1888, extending to many places in
East and to :th Florida, caused financial losses to our people
which cannot be estimated, but may safely be placed at many
millions, besides the loss of the lives of many valued citizens.
During the latter year, in making a canvass of the State, I
fully realized the confusion and want of harmony of action, as
well as the inefficiency and great expense of the. quarantines
under the direction of the County Boards of Health with their
limited jurisdiction, and the urgent necessity for'a health
organization with jurisdiction and authority co-extensive with
the limits of the State. I presume there is scarcely an intelli-
gent individual in the State who has given the matter any

24

consideration, who does not believe that an efficient State
Board of Health could have restricted the yellow fever which
visited our shores in 1887 to narrow limits and effectually
stamped it out during the winter that followed and prevented
its wide spread in 1888.
Upon assuming the responsibilities of the executive chair itn
January of 1889, I considered it to be my duty to convene the
Legislature in extra session early in February of that year, to
provide for a State Board of Health, so that the same might
be organized for work before the warm season was upon us.
Acting upon this conviction of Auty, the Legislature was so
convened and appropriate legislation enacted, which resulted
in the appointment and organization of the efficient State
Board of Health which has rendered such valued services to
the State during the past two years, and fully demonstrated
the wisdom of my action in the premises. By their efforts
and the blessing of Almighty God, we have been spare'I an
epidemic of any dreaded disease; several sporadic cases of
yellow fever have been controlled and a spread of the disease
prevented; confidence has been restored within our State and
abroad, and in one or more instances disastrous panics have
been prevented.
I submit to you herewith the reports of the State Board of
Health and of the State Health Officer for the years 1889 and
1890, which will give you full information as to the work of
the Board since its organization.
While in cases of emergency a quarantine is absolutely
necessary, trade and travel should not be restricted except in
so far as it may be necessary for the preservation of the public
health. *So impressed, the Board formulated and adopted a
system of rules and regulations as- to intercourse with West
Indian, South American and other foreign ports where epi-
demic, contagious or infectious diseases exist, involving the re-
stricton of travel of unacclimated persons and the fumigation
and disinfection of baggage and all fomites whereby, upon
compliance therewith, steamship communication with Havana
was permitted and continued during the summer.
The Board has erected on Mullet Key, at the entrance to

Tampa Bay, a Disinfection and Quarantine Station, with the
most approved machinery and appliances for thorough fumiga-
tion and disinfection, which will still further reduce the danger
of intercourse with the tropics. A similar station has been
erected on Santa Rosa Island by the County Board of Health
of Escambia county.
The State Board have also recently purchased a small
steamer to be used in connection with the Quarantine station
on Mullet Key and as an aid in further protecting our inlets on
the South Gulf coast from the menace to health by the intro-
duction of epidemic disease through illicit traffic with the
West Indies. I have several times communicated with the
Secretary of the Treasury of the United States and Surgeon-
General J. B. Hamilton, of the Marine Hospital Service, on
this subject, urging the propriety of the General Government
providing suitable steamers to afford ample protection against
smuggling, which continues to be practiced on the coast, and
the introduction of disease thereby. My efforts in such direc-
tion have been ably seconded 'by the State Health authorities
and I have reason to hope that efficient means of protection
will be adopted by the Government in the near future.
I commend to your favorable consideration the amendments
to. the law recommended by the President of the State Board
of Health and the State Health Officer in their annual reports
for 1890. The interests of our people demand that whatever
is necessary to render the Board more efficient to protect the
public health and avert the dire calamity of another epidemic
shall have your sanction and appropriate action.
PUBLIC EDUCATION.
It is gratifying to realize the continued progress and im-
provement of the public schools of the State. The number of
county schools is constantly increasing, having reached, at this
time, 2,333, and many new school buildings have been erected
within the past two years. Everytyear marks an improvement
in the buildings, equipment and appliances of the public
schools and the competency and efficiency of their teachers.
The school door is open to all classes and conditions in every
section, and an aggregate enrollment of 92,472 of the youth of

26

the State are enjoying the benefits and privileges of free edu-
-eation in the county schools; besides about 450 who are ma-
triculated in our higher institutions of learning. The resultant
good to the State of such intellectual and moral training of
her youth, upon ihom the duties and responsibilities of citizen-
ship will soon devolve, cannot be measured.
The endowment of the Florida Agricultural College, located
at Lake City, has been greatly increased by an act of Congress,
approved August 30, 1890. This act appropriates to each
State and Territory, for the more complete endowment and
maintenance of colleges for the benefit of agriculture and the
mechanic arts, then or thereafter established, in accordance
with an act of Congress, approved July 2, 1862, out of the
proceeds of the sales of public 'lands, $15,000 for the year
ending June 30, 1890, and an annual increase of such appro-
priation for ten years thereafter of $1,000 over the preceding
'year, until the annual appropriation shall reach $25,000, and
then to be continued at that sum, the same to be applied to in-
struction in agriculture, the mechanic arts, the English
language and the various branches of mathematical, physical,
natural and economic sciences, with special reference to their
application to the industries of life and the facilities for such
instruction. This appropriation is upon the condition that no
Inoney is to be paid out to a college where there is a distinc-
tion of race or color made in the admission of students; but
the establishment and maintenance of a college separately for
white and colored students, it is provided, shall be a compli-
ance with the statute--the funds to Ie equitably divided be
tween the two. Under this appropriation the Florida Agri-
cultural College receive.4 an additional endowment of at least
C7,500 for the first year, with an annual increase of at least
$500 for ten years, and a continuation thereafter of the sum
thus reached. With its former endowment this gives the col-
lege a little in excess of $16,5)()0 per annum, which, with the
increase above stated, will reach an annual income of at least
422,000. This endowment furnishes the means to make this
college an institution to impart such higher education as to
avWid the necessity of sending the youth of our State beyond

27

its confines in order to attain, and to bring the college up to
such a standard as our people have the right to expect.
The Seminaries east and west of the Suwannee river are in
a flourishing and prosperous condition and are accomplishing
'a good work in the cause of education. The former, located
Sat Gainesville, is under military discipline and is well provided
with handsome and commodious buildings, erected by the
State, including the buildings for instruction and a barracks,,
or dormitory, for the teachers and non-resident students.
The West Florida Seminary, at Tallahassee, has erected
and nearly completed an ornate and commodious educational
building located on College Hill-a commanding eminence' in
the suburbs of the city. This was built under an appropria-
tion made by the last Legislattire and will add very much to
the efficiency of this excellent school.
.,' The Normal College for white students at DeFuniak and
'thAt for colored students at Tallahassee, are accomplishing a
'good work in preparing students for the important and respon-
sible position and duties of teachers.
With the appropriations made by the last Legislature, the
"State Board of Education have caused to be erected at De-
,Funiak a neat and well arranged college building on a beauti-
-.ful site, with ample grounds; which they were' enabled to purm
chase, together with a building for a dormitory and a resi-
i;dence for the President, at a price far below their value,-,
through the generosity of one of the public spirited citizens of
",that place.
The appropriation for a dormitory for the colored Normal
ICollege, made by the last Legislature, has not yet been used:
as the State Board of Education have hoped to be able to pro- .
.xure mbre ample grounds for the purposes of the college.
"The .property now used by the college is inadequate for
"the instruction in agriculture and the mechanic arts which
the students should receive under said act of Congress
above referred to, which contains the following provi-
sion: That in any State in which there has been one
college established in pursuance of the act of July second
eighteen hundred and sixty-two, and also in which an educa-

28

tional institution of like character has been established, or may
be hereafter established, and is now aided by such State from
its own revenue, for the education of colored students in agri-
culture and the mechanic arts, however named or styled, or
whether or not it has received money heretofore under the act
to which this act is an amendment, the Legislature of such
State may propose and report to the Secretary of the Interior
a just and equitable division of- the fund to be received under
this act between one college for white students and one insti-
tution for colored students established as aforesaid, which shall
be divided into two parts and paid accordingly, and thereupon
such institution for colored students shall be entitled to the
benefits of this act and subject to its provisions, as much as it
would have been if it had been included under the act of
eighteen hundred and sixty-two, and the fulfilment of the fore-
going provisions, shall be taken as a compliance-with the provision
in reference to separate colleges for white and colored students."
The act also provides as follows: ',The grants of moneys author-
ized by this act are made subjectto the legislative assent of the
several States and Territories to the purpose of said grants:
Provided, That payments of such installments of the appro-
priation herein made as shall become due to any State before
the adjournment of the regular session of the Legislature
meeting next after the passage of this act shall be made upon
the assent of the Governor thereof, duly certified to the Secre-
tary of the Treasury."
The Normal College at Tallahassee is an institution sup-
ported by the State for the higher education of colored
+students in which instruction in agriculture and the mechanic
arts had been provided for by the State Hoard of Education.
In order that the installments coming due before the meeting
of the Legislature might be available to the State without
delay, a conference was had between the Executive Committee
of the Trustees of the Florida Agricultural College and the
State Board of Education to determine an equitable division
of the fund appropriated by the said act of Congress. Taking
into consideration the fact that the colored race had not par-
ticipated in the endowment of the Agricultural College under

29

the act of 1862, it was thought that an equal division of the
fund I""ovided by the act of 1890, would be an equitable division
of the same between the two races. I, therefore, assented to
the act and was able to certify such facts to the Secretary of the
Interior as entitled us to receive the first annual payment of
$15,000 to be divided between the Florida Agricultural Col-
lege at Lake City and the State Normal College for colored
students at Tallahassee, which sum was recently paid to the
State.
Under the terms of the act, no part of the said funds can-be
used for the purchase, erection, preservation or repair of any
building or buildings. The building and grounds of the said
Normal College are entirely inadequate to the instruction
which should be given by means of the said appropriation
under the terms of the act. 1, therefore, recommend that
provision be made for suitable grounds and buildings for this
college.
I also recommend that you pppose and report to the' Secre-
tary of the Interior a just and equitable division of the fund
to be received under the terms of the said act of Congress be-
tween the said colleges for white aud colored students, and
such further legislation as may be proper to enable the State
to get the benefits of the appropriation made by Congress.
The Institute for the Blind, Deaf and Dumb at St. Augus-'
tine, under the direction of Prof. William A. Caldweil, who
was appointed to succeed the late Principal, Mr. Park Terrell,
is making gratifying progress in the instruction of that unfor-
tunate class of our youth who do not enjoy the possession of
all their faculties. The number receiving instruction at this ,
time is about forty, which is very greatly in excess of any
other session.
For full and detailed information as to the Department of
Education including the Common Schools, and the higher ed-
ucational institutions of the State, I refer you to the reports of
the, Superintendent of Public Instruction for the years 1889
and 1890, and the reports of the presiding officers respectively
of the said institutions, contained therein, all which are here-
with submitted.

/ I

30

I have been greatly impressed with what appears to me to
have been an unwise policy which has resulted in a division of
the State's resources for providing the means for higher educa-
tion among four separate institutions, each under a different
board of management-without homogeneity or any unity of
action in management or system, each entirely separate and
independent of the other. Such division of our funds limit
the endowment of each of such institutions so as to seriously
militate against its usefulness If our means had been con-
centrated in a State University, under efficient management,.
we would possess t .day an institution of learning of high
rank which would compare favorably with those of most of
the other States, would be a pride to Florida and furnish us.
with educational facilities greatly in advance of those which
we now possess.
While it may not be practicable, by reason of the large
amount invested by the State in educational buildings at the
several localities to concentrate such institutions, I am of the
opinion that great good would be accomplished by placing
them under one management, so that they would at least pro-
ceed in harmony, the one contributing to and facilitating the
other in the great work of education in whirh they are en-
gaged. I therefore recommend legislative provision for the
appointment of a single Board of Regents or Trustees-not
more than five-who shall hold office for a limited term, to
-manage the Florida Agricultural College, the two Seminaries
and the Normal, Schools. Such trustees should be selected
-with a view to their qualifications for the work, and should re.
ceive a small salary.
The Constitution has made. liberal provision for the support
and maintenance of "public free schools; I can see no reason
therefore, why it should be necessary to draw upon the gene-
ral revenue of the State in its depleted condition to support
the Normal Colleges or any other educational institution, or
for the tuition of the Institute for the Blind, Deaf and D)umb,
instead of the general school fund. The said institutions are
in every sense public free schools." I therefore recommend
that whatever may be necessary for their support and main,

31

tenance, be provided to be paid out of the fund raised for the
support of such schools in compliance with the provisions of
the Constitution.
STATE LANDS.
The report of the Commissioner of Agriculture for 1889
and 1890 contains full and detailed statements of the transac-
tions in the lands of the State during these years and the
lands of the various classes remaining on hand at the expira-,
tion of that period, which is submitted for your information.
Of the grant made to the State by the General Government
by act of September 28th, 1850, of what are known as the
swamp and overflowed lands, embracing all legal subdivisions,
the greater part of which, at the date of the grant, was wet
and unfit for cultivation," the State, up to January 1, 1889,,
has received patents for 16,191,672.52 acres. In addition to
"what has already been received, the State claims about 6,030,-
000.00 acres, probably four-fifths of which lie in and in the
vicinity of the Everglades. I have urged upon the Secretary
of the Interior the investigation and determination of the
'character of the remaining unpatented lands claimed by the.
State, and the patenting of such as come within the terms of
"the act of Congress. In this connection I deem it proper to.
submit for your information copies of a correspondence had
with the Secretary in reference to charges of fraud against the
State in the matter of her swamp lands. I have had no re-
sponse to my letter of August 26, last, but the Secrethry, in
his report, makes the following reference thereto: "The State
of Florida has become quite urgent that more patents should
be issued to it. In the last annual report mention was made
of the claim of this State, which has been recently supported
by a letter to the Secretary by the Governor and e-offficic,
president of the Board of Trustees of the Internal Improve-
ment Fund of the State of Florida, replying to the last annual
report of the Acting Commissioner of the General Land
Office:
"Of the 37,931,520 acres constituting the entire area of Flor-.
ida, lists have been filed by the State for over 22,221,469 acres
as swamp lands, the patents for 16,061,129.98 acres of which

32

have already been issued. The law grants all legal sub-divi-
sions the greater part of which is wet and unfit for cultivation.'
These lands are selected by State agents in the first place and
lists filed, with report of the Surveyor-(General, in the General
Land Office. Special agents then make actual examination of
the lands themselves, and, upon favorable report, these are or-
dinarily patented. But Congress by the act of March 3, 1857,
(11 Stat., 251), confirmed lists to the States not then thus
examined, and, among others, confirmed to Florida, of the
above swamp lands, 11,630,271.51 acres. This act, it is now
claimed, is an absolute grant of the lands listed at its date,
whether in fact swamp or not, under decision of the United
States Supreme Court in Martin vs. Marks (97 S. C. R., 345).
The letter of the Governor ends as follows:
", 4 In conclusion, Mr. Secretary, no matter what proportion
of the lands heretofore patented to the State may be high and
dry, or whether frauds have heretofore been perpetrated by
Government or State agents, it can in no manner affect the
right of the State to the unpatented selections which come
within the terms of the grant. It is unreasonable that I should
ask, now that nearly forty years have elapsed since the passage
of the act, that with as little further delay as is consistent with
due care, you make accurate lists and plats of such lands and
transmit the same to the Governor, and on his request to cause
patents.o issue to the State therefore.
"' %..say nothing of lands of this class elsewhere, there are
over 4,000,000 acres of unpatented selections within the Ever-
glade region, which, to any one familiar with the topography
Sof Florida, are as certainly known to be wet and unfit for cul-
tivation' as that the east coast of the State is washed by the
waves of the Atlantic,'
This is a subject of grave importance, and will require fur-
ther consideration."
I also submit for your information the report of Mr. S. I.
Wailes, who was appointed some years ago the agent of the
State of Florida to procure patents to the State for lands to
which she is entitled.

33

THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
FUND.
I submit for your consideration the reports of the Secretary
and the Treasurer of said Board showing the transactions of
'the Board for the past two years.
The Board have acted upon the claims of various transporta-
tion companies, and have made conveyances of lands earned
under legislative grants as far as consistent with the trust re-
posed in them, and with due regard to the rights of actual bona'
$fde settlers.
The Board, appreciating the value to the State of the drain-
age and reclamation of her overflowed lands, have recently con-
tracted to sell to Maj. M. R. Marks and associates about 112,000.
acres of such overflowed land lying in Brevard county, west of
Indian river, being townships 30, 31 and 32, south, of range 36,
east, and townships 31 and 32, south, of range 37, east, except
the school lands, at 50 cents per acre upon installments. One
condition of the sale is the expenditure of $50,000.00 in the
drainage of the land, which is to be secured by a bond in the
"penal sum of $50,000.00.
The Atlantic Gulf Coast Canal and Okeechobee Canal Com.
.pany have made satisfactory progress with their extensive
"Idrainage operations during the past two years, within which
time a capacious canal about 61 miles long, with a width of 50
feet at the base, and depth of 10 feet, has been excavated from
Lake Hart-the headwaters of the system-in a northeasterly
direction, connecting with the Econlochatchee creek. ;'F.he wa-
ters from this lake, which formerly flowed southward through
the lakes Tohopekaliga and by the course of the Kissimmee
and, its connections to the Gulf, are thus diverted northward to
the St. Johns and on to the Atlantic Ocean. The canal lead-
ing southward from Lake Tahopekaliga has been considerably
widened and deepened and a canal excavated connecting Lakes
Cypress and Kissimmee, so that it is believed that the reclaimed
lands of the upper portion of the drainage system are thor-
oughly protected from submergence by even an abnormal rain-
fall.
The drainage already accomplished has enabled the com-
3h

/

34

pany to more thoroughly extend its surveys in the Okeecho-
bee region, which will be of great value in the further ,prose-
cution of the work, which, I understand, is now to be directed
energetically to the lowering of Lake Okeechobee through the
Everglades.
I have made reference before to the wonderful fertility of
the lands reclaimed by this company and the success of the
sugar culture thereon. There is reason to believe that the
cultivation upon them of rice as well, which has been under-
taken this year to a considerable extent, will approximate, if
not equal in importance and value, that of sugar, and will add
an important industry to our State.
IMMIGRATION.
The benefits of immigration to the State in the further devel-
opment of her many resources, the increase of her wealth and
,the promotion of her general prosperity can scarcely be over-
estimated. Impressed with its importance, the Legislature of
1889 established a Bureau of Immigration for the State of
Florida, composed of the. Governor, Secretary of State and.
Commissioner of Agriculture-the last named officer being
designated as president-and provided an eighth of a mill tax
for the purposes of immigration. This tax realized a little
more than $10,000 on the assessment of 1889, being available
in 1890, an amount slightly in excess may be expected on the
assessment of last year.
The disposition of this fund and the work of the Bureau is
so fully set forth in the report of the Commissioner of Agri-
"*l'tme under the head of "Immigration," embracing also the
reports of the chief clerk in charge of the branch office at
. Jacksonville, and other agents employed by the Bureau, that I
deem it only necessary to call your attention to the same here-
with submitted for such information, whereby you will appre-
ciate the earnest, active and efficient labors of the Bureau in
their efforts to carry out the purposes of its creation for the
best interests of the State.
Realizing that the Bureau has been in operation little more
than a year, and that in the nature of such work, as well as by
the history of immigration associations generally, but small

tangible results may be expected for the first year or two,
which is necessarily devoted to sewing the seed in the hope of
a reasonable harvest in the future, there is much cause for con-
gratulation that already upward of cne hundred families have
be n brought to the State as the result of the labors of the
Bureau. Much good seed has been sown, but the planting
should not cease, and care should be taken that the seed which
have been sown, are not devoured before germination by rival
States, and that the soil is kept properly cultivated 'so. that we
may reasonably hope that it will bring forth fruit to our;State,
even an hundred-fold. I therefore recommend as liberal pro-
vision for the support of the Bureau as our financial condition.
will justify.
As germain to this subject I may properly mention the an-
.nual convention of the National Farmers' Alliance and. ndus-
.(rial.Union recently held at Ocala, which I doubt not will
prove a potent factor in the cause of immigration and a per-
maneit benefit to our State. This was a gathering in ourl.:
midst of some four hundred intelligent and prominent repre--.
sentatives of the most important industry of our country from
DInost every State in the Union. Especially were the, West-
ern and Northwestern States well represented. At the Semi-,
.ropical Exposition in Ocala they .were brought in. contact.
ith an admirable exhibit of the products, resources and indus-
ries of the State. Upon the adjournment of the convention.
itey were taken upon an itinerary of the- State, occupying
more than 'a week and affording the opportunity to visit every:
section except the extreme south.. The liberality of the trans'-
portation lines and the hearty welcome and generous hospi- ,
"tality of our people which everywhere greeted our AHliande '
visitors and contributed in' every way to render their sojourn
in Florida pleasant, instructive and enjoyable, appeared to be
fully and gratefully appreciated by them, which I am assured-'
will result not only in valued accessions to our population,
but will do much to eliminate the remains of any unkindly
feeling which, in the past, interfered with the harmonious re,
nations between the sections North and South.
>

36

THE WOnLD'S COLUMBIAN EXPOSITION.
The World's Exposition at Chicago to celebrate the 400th
Anniversary of the discovery of America by Columbus, will
be opened May 1st, 1893. This Exposition, in which all for-
eigl nations have been invited to participate, will probably ex-
ceed in scope and ma gnificence any other in the history of this
country, and will not be excelled by those which have been at-
tempted in Europe. It will celebrate an event, which, with one
exception, led to greater results than probably any other in the
World's history. Within 4u0 years from their discovery, two
continents, inhabited by savage tribes, yielding to the potent
influence of Caucasian domination, have been transformed into
an unsurpassed civilization, with systems of government which
are looked to as models by the profoundest statesmen of the
World. This celebration having been properly undertaken by
the Government of the United States as the most advanced,
and the principal of the American Republics, it is the duty of
every patriotic citizen to encourage and promote its success.
An important feature of the Exposition will be the exhibits
of the individual States of the Union, many of which have
made large appropriations for such purpose. The patriotism
of our people, as well as self-interest and State pride, should
prompt us to avail ourselves of this opportunity to place within
the Exposition as extensive and effective a display of the
exhibits of the products, resources and industries of Florida,
as out means will permit.
SWhatever reasonable amount may be so expended, will be
returned to us many times in the promotion of immigration
and our general prosperity. In order to economize and avoid
"as far as possible the needless increase of officers and multi-
plicity of salaries, I recommend that such an exhibit be author-
ized under the direction of the State Bureau of Immigration,
.and whatever expenditure may be necessary therefore, be paid
out of the funds of the Bureau; and this should be taken into
consideration in providing the means for the Bureau's opera-
tions.
THE PARIS EXPOSITION.
Though there was no appropriation by this State for an ex-

37

hibit at the Universal Exposition of the Republic of France
held in Paris in 1889, exhibits from the State were gotten up
and maintained by private enterprise which resulted in the
following awards: To Messrs. H. F. Dutton & Co., of Gaines-
ville-a diploma and gold medal for the best display of long
staple cotton. To the Florida Horticultural Society-a di-
ploma and bronze medal. To the Florida Tobacco Producing
Company-a diploma and bronze medal. A diploma and hon-
orable mention for Florida's Collective Exhibition, and a di-
ploma and gold medal for the Collective Exhibition of the
,States of California, North Carolina, Florida, Illinois, Mis-
souri, New Hampshire, New York, Pennsylvania and the cities
pf Buffalo, Cleveland, New York, Philadelphia, Pittsburg, San
Francisco, St. Paul, Springfield, Syracuse and Washington.
FERTILIZERS.
In compliance with the duty imposed upon me by Chapter
3858, being "An Act to provide for a State Chemist and In-
'spectors of Fertilizers," I appointed Prof. Norman Robinson,
an expert chemist and a gentleman of high attainments in
.such science, as State Chemist, and I also appointed six In-
spectors of Fertilizers for different sections of the State.
The operations of this department were commenced without
available funds-the sole income being the fees resulting from
the inspection of fertilizers. Its work, beg:n under a law
which had not been tested by experience, with some defects,
and with many difficulties encountered, has been prosecuted
"I :
with a vigor and zeal which has produced gratifying results
and accomplished much good to the people of the State in
preventing the fraudulent impostion upon them of adulterated
and spurious compounds recommended as valuable fertilizers.
Upon consultation with the Commissioner of Agriculture
and the State Chemist, I caused the latter to visit the North
and purchase the necessary apparatus and chemicals for a
laboratory. A convenient building on the Capitol grounds
,was utilized and the necessary changes made to convert it into
a laboratory.' The laboratory was ready for the work of anal-
ysis on or about the 15th of January, 1890, and from that
time to the 1st of January, 1891, the analysis of one hundred

38

and sixty-five brands of fertilizer was made and has been pub-
lished, together with the guaranteed analysis of the manufac-
turer. There have been inspected 43,233.68 tons of fertilizers,
which have yielded an income from inspection fees amounting
to $10,816.34.
It affords me pleasure to state that the law has generally
been readily complied with by the manufacturers and others
engaged in the sale of fertilizers.
Notwithstanding the extra expense incident to the inaugu-
ration of the work, the department has been self-sustaining
with a small balance to its credit at the end of the year.
For further and full information in detail of the work of
this department, I refer you to the reports of the Commission-
er of Agriculture and State Chemist, which are herewith sub-
mitted.
I also recommend to your favorable consideration the
amendments to the law suggested by those officers whose ex-
perjence and zealous labors under the law enacted by the last
Legislature, peculiarly qualify them for the ascertainment of
the defects and the suggestion of the amendments most de-
sirable.
STATE PRISON.
Chapter 3883, Acts of the last Legislature, provides that the
Board of Commissioners of State Institutions shall, by the
first of January, A. D., 1891, establish a State Prison for the
safe keeping and punishment of State prisoners, and shall
cause all necessary buildings to be erected to accommodate all
convicts, and from time to time make such additional altera-
Stions as may be necessary to provide for any increase in the
. iuniber of convicts, etc. No appropriation was made to carry
into effect the provisions of the law, so that it was impossible
for the Board of Commissioners to comply with such require-
ments. Nor would it have been practicable to do so, even
with an appropriation in the depleted condition of the Treas-
ury. Such permanent prison should be established as soon as
the finances of the State will permit, so that the convicts may
be kept together under the immediate charge and supervision
of State- officers, in preference to the contract system, which

39

&as many objectionable features. But there appears to be no
'ether course practicable at the present than the leasing of the
cnvicts.
For several years and up to the first of January, 1890, the
".onvicts had been leased to Major C. K. Dutton, who took
3tem apon condition of paying all expense from the time of
iteir conviction. Prior to the termination of Major Dutton's
lease, the Board of Commissioners of State Institutions ad-
wertised for proposals for leasing them and accepted the most
favorable, ,being a proposal from HIon. E. B. Bailey, with
*wdm a -contract was made for their lease for two years-the
lessee bearing all expense and paying the State at the rate of
415 per year for the first year and $22.50 for the second year
ter each cxvict. Subsequently the Board extended the con-.
ia t for -two years longer at the same rate as that of the sec-
ad year. This extension is upon condition that a State
Prison is not established during that period.
From information derived in part from personal observa-
*eol I am of the opinion that the convicts are humanely
tmated and not overworked. Still it is one of the objections
.ED te lease system, that the State authorities cannot keep the
"misme oversight of them which might be done if they were
.torfined in a $State Prison.
.t appears to me that it would be better that a physician be
employed by the State instead of by the lessee of the convicts,
toiatmtd them. This would more certainly insure proper at-
tenion to the sick.
I dfer you to the report of the Commissioner of Agriculture
for a meoe detailed report of the State convicts.
The Ilaw providing for the pardons and commutation of sen-
tence requires the applicant to publish a notice of his intended
zapplieation for ten days in the county where the crime of
"which he tands convicted was committed, proof of which, to-
.gether with a copy of the indictment or information upon
whichh the conviction was made, and a statement of the facts
testified to at the trial, must be furnished the Board of Par-
,d<*ms to bring a case properly before them. It is not difficult
to tomnily with the law by those who have friends interested

40

in procuring a pardon, or have the means to employ an attor-
ney for that purpose; but the indigent and friendless who
comprise the great majority of the convicts, are absolutely de-
prived of all opportunity to apply for a pardon, or commuta-
tion of sentence. And while it would not do to open the
doors so as to deluge the Board of Pardons with applications
from every convict, it appears to me that it would be well so
to amend the law as to give authority to the Commissioner of
Agriculture, under whose supervision the convicts are, to make
the necessary publication and bring before the Board the ap-
plication of convicts who, upon investigation, he is of the opin-
ion, present claims for Executive clemency, and I recommend
such amendment.
I also recommend that the State furnish a discharged con-
vict, with transportation to his home and a cheap suit of
clothes upon his discharge.
The reformation of the individual should be one of the prin-
cipal objects of punishment, and more especially may we hope
to accomplish such object in the case of juvenile offenders who
have not yet become hardened in crime; but the contrary is
more apt to result from subjecting such offenders to the cor-
rupting influences of indiscriminate association with older
criminals. I cannot doubt but that much good would be
accomplished by the establishment of a House of Refuge for
juvenile offenders, as contemplated by the Constitution, com-
bining with it an educational feature and instruction in manual
training and mechanics. This matter should claim your atten-
tion for such action as our conditions will permit.
STATE INSANE ASYLUM.
The death on July 28, 1889, of Maj. Alexander Moseley,
Superintendent of the State Insane Asylum, who had proven a
most faithful and efficient officer, rendered it necessary for the
Board of Commissioners of State Institutions to fil tfhe
vacancy. Realizing the importance of such position, and their
duty to select a competent and proper person for the place,
the Board exercised a careful deliberation and after due c.n-
sideration appointed Dr. J. N. Smith of Bartow, a gentleman
highly endorsed both personally and professionally, who had

41

the benefit of some six years experience as a physician of the
State Insane Asylum of Indiana. Dr. Smith took charge of
ithe institution October 1, 1889. His report for the year end-
ing December 31, 1890, is herewith submitted for your infor-
, nation.
The water supply for the institution has given the Board
much trouble and concern. A deep well yielding apparently
a sufficient supply had been excavated at the bottom of the
,tower of the white male building, at the top of which tower,
Sat an altitude of 62 feet, a tank was constructed with a capaci-
Ty of about 11,000 gallons, with which pipes were connected
0to take the water to the various buildings and wards with
sufficient natural hydraulic pressure for fire protection. A
,ind-mill has been placed over this tank by the predecessors
iof the present Board as the motive power for. pumping the
water from the well to the tank, but after a faithful trial it was-
6ound that with the ordinary winds it was insufficient to do
ihe work. The Board then purchased and placed over the
well an improved Rider compound hot-air pumping engine,
which' was unsatisfactory in its work at first and was injured
by want of experience in operating it. It has since been
thoroughly repaired and at this time is working well, and, weI
trust, will solve the question of an abundant water supply for
ire protection and other purposes. The hot-air engine has
been supplemented by a powerful hand pump to be used in
:ease of emergency.
y reason of lack of.funds in the treasury, the Board
deferred erecting the additional buildings for which an app ro-
priation was made by the last Legislature,. until last fall, at
which time a contract was made for their erection within' the'
appropriation. These buildings are now nearly completed and
give 102 additional rooms-all that are, needed for the present
and-for sometime to come, except for white males. In the
building for white males and some. ..other of the old buildings
the* floors and wooden 'partitions have absorbed impurities..
which are not effectually counteracted by the free use of dis-
infectants, and as soon as the condition of the treasury will
warrant the expense, the same should be removed and re- ,
placed with new material.

42

The buildings, premises and all the departments of the in-
stitution are kept as clean as possible and in as good condition
as our means will permit.
The employes under the present management appear to be
under thorough and effective discipline.
THE MILITARY.
The military organizations existing in the State, consist of
nineteen independent volunteer infantry companies organized
under the act of 1868, and ten infantry companies and two
batteries of artillery enlisted and organized under the pro-
visions of the act of 1.87, which latter constitute a special
corps, known as the Florida State Troops. The term of
enlistment of this corps as first organized, expired during the
past year. Most of the companies re-enlisted, and those
which failed to do so, with two exceptions, continued their or-
ganizations as independent companies under the act of 1868.
The places of those which failed to re-enlist have been sup-
plied by the enlistment and acceptance of other companies.
In filling the vacancies in this corps, which, under the law,
are primarily liable to be called out to suppress insurrection,
riot, etc., which may be beyond the control of the city
authorities, I have, as far as practicable, accepted companies so
distributed as to be readily accessible to the various sections
of the State and the large cities whcz e disturbance is to be
more apprehended.
The corps is organized into three battalions; the first under
command of Major R. M. Call, with headquarters at Jackson-
ville, consisting of three infantry companies and one battery
of artillery; the second under command of Major T. D. Lan-
'aster, with headquarters at Ocala, consisting of four infantry
companies and one battery of artillery, and the third under
comiltand of Major W. F. Williams, with headquarters at Pen-
sacola, consisting of three infantry companies. The troops of
the corps are generally well drilled and in a good state of dis-
cipline; but the omission, for the past two years, of the annual
encampment, prescribed by the act, for the reason that a .ufli-
citlt appropriation was not provide by the last Legislature,
has been detrimental to the corps, depriving them of the bene-

43

tits resulting from the practical details of camp life, the oppor-
tunities for battalion drill, and that esprit d corps and com-
panly emulation which result from such assembly of the troops
from various sections of the State. I cannot too strongly urge
the importance of providing for such annual encampment as the
best means of rendering these troops most efficient, providing,
at the same time, a wholesome conservator of the peace and
a safe reliance to our people in case of disturbance beyond
the control of the civil authorities.
T)iring the past summer, company '-A" of the third battal-
ion (Escambia Rifles) and the Chipley Light Infantry, then
an independent company, went into voluntary encampment
near Pensacola; and the Gainesville Guards, then company
"A" of the second battalion, State Troops, went into volun-
tary encampment at Suwannee Springs. Each camp was
visited by me in company with the Adjutant-General, and it
gives me pleasure to express my commendation of the soldier-
ly bearing, good discipline and efficiency in the drill of the
respective companies, as well as the spirit which prompted
them, in the absence of a State appropriation, to bear all the
expense incident to such encampments.
An inter-State drill was held in Jacksonville in April last, un-
der the auspices of the Sub-Tropical Exposition, which was at-
tended by a number of companies from other States and sev-
eral companies of Florida State Troops. The drills were wit-
nessed by myself and staff, and the troops reviewed on that oc-
casion. The handsome and soldierly appearance of the troops
and their excellent drill challenged my admiration, as well as
that of the immense crowd which witnessed their exercises.
The occasion, however, was marked by an event which cast
a shadow upon its bright memories. Capt. T. J. Shine, of the
Orlando Guards, while engaged in the drill of his company, be-
came overheated, which resulted in a fatal illness, whereby the
State was deprived of a valued and esteemed citizen, and the
State Troops of one of the best company commanders of the
corps.
There have been two occasions within the past two years
when I have deemed it proper to issue an order to the State

44

Troops to aid the civil authorities. The first was a strike of
mill employes at Apalachicola, commencing the 19th of Jan-
uary, 1890 The strike was of such proportions, and accompa-
nied by demonstrations of violence, threatened burning, and
the shooting of a man-that there appeared to be imminent
danger.of a riot and breach of the peace beyond the control of
the civil authorities. I, therefore, on January 21st, upon the-
urgent appeal of the Sheriff of Franklin county and the Mayor
of Apalachicola, ordered Major W. F. Williams, commanding
the third battalion, to send a company of his battalion to Apa-
lachicola to suppress the riot and assist the civil authorities to
preserve order. Major Williams obeyed this order with great
promptness, and himself proceeded with company "A" (Es-
cambia Rifles) of his battalion to Apalachicola, arrested the
ringleaders of the strikers, and very soon restored order.
The second occurrence, on March, 1890, was the threatened
lynching by a mob of a negro confined in the Buval county jail
at Jacksonville, charged with the murder of a policeman, which
"the sheriff apprehended would overpower his force. Upon his.
representation and request, and those of the Mayor of Jackson-
ville, I ordered Major R. M. Call, commanding the first battal-
ion, to use such portion of his battalion as might be necessary
to prevent the threatened riot and sustain the civil authorities
in case of an attempt to lynch the prisoner. Major Call promptly
obeyed the order by placing and keeping under arms compa-
nies ( A," "c B," and the Wilson Battery company F of his
battalion until the danger apprehended appeared to be at an
end.
I may mention another occasion, November 15, 1890, when
there appeared to be danger of a serious riot at Reddick in
Marion county, at which time Capt. R. B. McConnell placed
his company under arms to await orders from headquarters, if
it should be deemed necessary to use military force; but the
"exigency did not appear to me such as to lender it necessary
to order out the troops, and the disturbance was soon quieted.
I cannot too highly commend the alacrity of the State
Troops to respond to all orders, especially those which require
them to face danger and subject them to personal discomfort,

45

inconvenience and pecuniary loss. The services which they
render the State with inadequate pay and but little requital,
except that which arises from the consciousness of duty per-
formed, should be gratefully remembered and appreciated by
our people.
I submit herewith and commend to your consideration, the
report of the Adjutant-General which will give you full infor-
mation in reference to the military of the State. The legisla-
tion suggested in the report generally meets my approval, but
I am inclined to doubt whether there would be compensatory
benefits to justify the expense necessary for an enrollment of
the militia.
PE NSIONS.
The pension law passed by the last Legislature placed upon .
the Governor the duty of investigating the cases of all persons
claiming a pension, including those who had been pensioners
under the previous laws, as well as new applicants. All clainis
had to be made de novo with proofs in accordance with the
last act. Such investigation involved the following inquiry
1st. Whether the applicant.is a citizen of the State, and was
such citizen at the time of his. enlistment, or has been sioce
January 1st, 1875; 2d. Whether he served in the Confederate:
army or navy; 3d. Whether the disability is the result of
wounds received or disease contracted during the service an4:
while in line of duty; 4th. Whether such disability comes
within the terms of the statute; 5th. Whether the applicant
or his wife, or both, together own property to the value of ond
thousand dollars; 6th. Whether the applicant is otherwise en-
abled or in a position to earn a livelihood.
As in most cases the applicant.was not personally known tow
me, and it was necessary to determine the foregoing questions.
upon evidence taken at a distance, and notupon personal ex-.;
amination of the applicant or others making the proofs, the'
difficulties of a conscientious discharge of the duty imposed,,
so that on the one hand all persons entitled to a pension shall
receive it, and, on the other, that no one not entitled to it under
the terms of the statute shall be placed upon the pension roll,
will readily be appreciated.

46

My labors have been greatly facilitated by the Adjutant-
General, who, notwithstanding the fact that the statute does
not place the duty upon him, kindly consented to keep the re-
cords and do the correspondence incident to pension claims.
His intelligent assistance has been invaluable to me in the
matter.
I have investigated, up to this time, 469 applications for pen-
sions, of which 292 Lave been allowed, including 69 widows,
and 175 have been rejected. Two have died and 31 claims.
are still undetermined.
One new feature of the present law is the granting of pen-
sions to the widows of soldiers killed in battle, or those who.
have since died of wounds received while in the line of duty,
who have since remained unmarried, and the widows of those
who have received a pension under the present law. It was
thought that there were very few widows living who would
come under the terms of the act; but the claims proved by
this class of pensioners show a considerable number.
A list of all pensioners up to January 1st, 1891, is given in
the report of the Adjutant-General.
RAILROADS AND THE RAILROAD COMMISSION.
The mileage of railroads in the State has reached 2,566.84
miles, being an increase of 239.86 miles within the past two
years. There are but few States in the Union which have
equal transportation facilities in proportion to population, and
it has been the history of railroad construction in our State that,
it has usually preceded the demand for transportation, which
has been created'by the same source which supplied it, by the
promotion of settlement and the development of the State's
resources. Other roads are projected with a reasonable pros-
pect of construction in the near future, and we have the
assurance of past experience that transportation facilities will
be supplied to every section of the State as rapidly as there is.
reasonable demand therefore.
I submit herewith the 3d and 4th Annual Reports of the
Railroad Commission, which give in detail the transportation
of their office for the past two years.
An experience of two years under the law creating the

47

(CoA)nission, impressed the importance of certain amendments
to tile original act, which were made by the last Legislature
and prove to have been well considered, materially facilitating
the work, and contributing to the success of the Commission.
There allppears to be a better understanding and less friction
with the transportation companies than was the case in the ear-
lier experiences of the Commission; and, at the same time, the
interests of shippers and other patrons of transportation lines,
are better and more certainly protected.
The passenger rates prescribed by the Commission have been
* complied with by all lines in the State with the exception of
the Florida Southern Railway Company, which is in the hands
of a receiver of the Circuit Court of the United States for the
Northern District of Florida. The Receiver refused to comply
with the Commissioners' rates, claiming that they were unrea-
sonable, and that he was not under the control of the Commis-
sion, and upon application to the Court, was ordered to take
such steps under the law as will test the right of the Commis-
sioners to enforce their order as to passenger rates. Proceed-
ings are now pending in said Court to test the reasonableness
of the rates prescribed and other questions involved.
The freight schedules approved and prescribed by the Com-
mission have been complied with by the transportation compa-
nies, with the exception of a very few articles by some roads
-notably the rate on phosphates, and where there has been a
departure, litigation has been instituted to test the reasonable-
ness of the rates made by the Commission.
The litigation instituted to enforce compliance with the
requirements of the Commission is given in detail in the re-
port of the Attorney-General.
The further amendments to the law suggested by the' Com-
missioners in their last report, have my approval and are sub-
mitted for your consideration.
COMMISSIONERS OF FISHERIES.
Under the act of the Legislature approved May 31, 1889,
entitled "An Act to provide for the appointment of Commis-
sioners on Fisheries and to define their duties in the State of
Florida," I appointed as such Commissioners Messrs. L. C.

48

Sellais of Pensacola, Matthew Mosley of Cedar Keys, and J.
H1. Smith of Tittisville. I am not advised of the Commission-
*ers ever having held a meeting, or taken any action under the
statute collectively or individually, with the exception of Mr.
Mosley, who appears to have considerable interest in the sub-
ject, and has sent me an interesting report of the fish and fish-
eries of the Gulf coast, which I take pleasure in submitting
herewith, and commending his suggestions to your considera-
tion. I cannot doubt that the work of an active Commission,
under the statute, would accomplish good for the State; but it
is difficult to secure active and efficient work in this or any
other matter without adequate pay.
REPORT OF THE ATTORNEY-GENERAL.
The report of the Attorney-General which is herewith sub-
mitted, will inform you as to the transactions of his office and
the principal civil litigation of the State. His duties have
been greatly increased by the litigation which has arisen in
connection with the Railroad Commission.
I commend to your favorable consideration the legislation
recommended by the Attorney-General.
REPORT OF THE SECRETARY OF STATE.
I herewith submit for your consideration the report of the
Secretary of State for the years 1889 and 1890. And I re-
commend an amendment to the election law as suggested by
him, requiring the Supervisors of Registration, immediately
after the county canvass, to certify and transmit to the Secre-
tagy of State a list of the county officers elected, with their
"respective post-office addresses, so that the Secretary may
transmit proper blanks. to enable the persons elected to qualify
within the limit prescribed by the Constitution.
PHOSPHATES.
I have hereinbefore incidentally mentioned the discovery of
large deposits of phosphate rock in various portions of the
State, and the activity in mining operations resulting there-
from. Not only have large quantities of land rich in phos-
phates been purchased for mining purposes and are now being
worked, but a number of companies have been organized and

49

are engaged in the work of mining phosphates in the beds of
the navigable streams and waters of this State.
With a view of such operations, although, at the time it was
inot supposed that the industry would assume large propor-
tions, the Legislature of 1887 passed an act granting to H. S.
Greeno and others mentioned therein and their associates, the
right to dig, mine and remove, for the full term of twenty-five
years, from the beds of the navigable streams and waters with-
in the jurisdiction of the State of Florida, the phosphate rocks
and phosphatic deposits; provided, that they should not in
any way interfere with the free navigation of the navigable
.streams or waters of the State, or the private rigit of any citi-
zen, or citizens residing upon or owning lands upon the banks
of said navigable rivers and waters. This grant was upon the
condition that the said grantees should pay to the State,of
Florida the sum of one dollar per ton for every ton of phos-
phate rock and phosphate deposit dug, mined and removed
from said waters. The statute required the said grantees, be-
fore commencing operations, to file in the Comptroller's office,
a bond in the penal sum of fifty thousand dollars, conditioned
to make true and faithful returns to the Comptroller annually
-on or before the first day of October, of the number of tons of
phosphate rocks and phosphatic deposit mined and removed
from the beds of the navigable streams, and pay to the State
treasurer annually on the first day of October, one dollar per-
ton for every ton of phosphate rocks and phosphatic deposit
to dug, mined and removed during the preceding,year.
The act granted the same rights, privileges athd franchises,
on the same conditions to other persons who may incorporate
under the laws of the State. The following companies pre-
.sented bonds under the terms of the act, which were approved
by the Attorney-General and filed in Comptroller's office as
follows, to-wit: The Dunnellon Phosphate Company-bond
-iled January 30th, 1890; the Lee County Phosphate Company
-bond filed March 10th, 1890; the Gulf Phosphate Mining
and Manufacturing Company-bond filed March 25th, 1891,
and the Tampa Phosphate Company-bond filed March 28th,,
1891. A bond was also filed by J. W. Bushnell, September
1st, 1890.
So far as I am advised, none of the companies which filed
bonds mined and removed any phosphate rock or phosphate
deposit from the beds of the navigable streams or waters of
the State up to the first day of last October, with the possible
exception of a small quantity by the Dunnellon Phosphate
Company.
4h

50

Being informed that a number of companies were mining
phosphates in the beds of the navigable waters of the State,
-being the State's property, without complying with the statute-
by filing the bond required, or making an accounting, or pay-
ing the royalty, I caused a notice to be published in several
newspapers of the State in the following language:
Notice to all persons mining phosphates in the beds of
navigable streams and waters of the State of Florida.
"The beds of all navigable streams and waters within the-
State of Florida, and all phosphate rock and phosphate depos--
its therein, are the property of the State.
Permission was granted by act of the Legislature, approved
June 7, 1887, to dig, mine and remove such phosphate rock
.and phosphate deposits, upon the condition of the payment of
one dollar per ton for every ton thereof so dug, mined and re-
moved. And the further provisions that before commencing
operations, a bond in the penal sum of fifty thousand dollars.
must be filed with the Comptroller, conditioned to make faith-
ful returns to the Comptroller annually, on or before the 1st
day of October, of the number of tons of phosphate rock and
phosphate deposits so dug, mined and removed, and to punc-
tually pay to the State Treasurer, annually, on the date afore-
said, one dollar per ton for every ton thereof so dug, mined
and removed; said bond to be renewed annually and approved
by the Attorney General.
All persons engaged in such operations are notified to
comply promptly with the requirements of the said statute. In
default thereof proceedings will be instituted to enforce the
"same and protect the interests of the State.
FRANCIS P. FLEMING,,
Governor."
No response being made to such notice I sent an agent to
investigate and report to me the companies so engaged in
mining phosphates in the navigable waters of the State. After
such investigation the agent reported the Peruvian Phosphate
Company, mining in the Alafia river in H illsborough county;
the Peace River Phosphate Company, the Arcadia Phosphate
Company and the George W. Scott Manufacturing Company,
mining in the Peace river or Peace creek in LeSoto county;
and the Bla"k River 1-hosphate Company, mining in Black
creek or Black river, as it is sometimes called, in Clay county;
none of which companies had complied with the statute. I
thereupon instructed the Attorney-General to institute such
legal proceedings against the said companies as should be nec-
essary and proper to protect the rights of the State. In con-
Oquence of the largely increased duties imposed upon the

51

Attorney-(eneral by reason of the litigation resulting from
the l ailroad Conmmission, which largely monopolized his time,
the fact that the companies engaged in such mining opera-
tions represent large capital with ample means to employ
counsel, and with the great interests of the State involved in
the determination of the questions to be raised by the proposed
litigation, I deemed it advisable to employ assistant counsel
for the State, and this I did by engaging the services of
Messrs. A. WV. Cockrell & Son of Jacksonville. Bills were
filed in November last against the said companies to restrain
them from mining in the beds of navigable waters of the State
without compliance with the statute and to require them to
account for the phosphates already so mined.
Upon the sustaining'of the demurrer to the bill against the
Lack River Phosphate Company, that case. was appealed to
the Supreime Court and has been submitted on argument. The
main positions taken by the defense, other than questions as to
the sufficiency of the pleadings, are that the State does not
own the beds of streams above tide-water, whether navigable
in fact or not; and further, that the State, by the act of 1856,,
known as the "Riparian Act," parted with her title to that
part of the beds of her navigable waters lying between the
shore line and the edge of the channel, so that she has no.
right to any phosphates which may be found therein. I hope
for an early decision by the Court defining the rights of the
State.
The litigation in the other cases is not pressed--awaiting
the decision in the Supreme Court in the case now before it..
If the decision is favorable to the State, there is every rea-
son to believe that it will .yield a large revenue to the State,.
tend greatly to solve the financial problems which now con--
front us, and lighten the burdens of the tax-payer.
There is no appropriation out of which I am authorized to.
has rendered services of great ability and value, to the State in
"the litigation which has been instituted. I therefore recom--
mend that the counsel so employed be paid ten per cent. of
the moneys which shall be recovered by such litigation.
Upon the predicate that the State's claim is sustained, I
,recommend the following amendments to the act of 1887:
That the time for accounting be made quarterly instead of
annually.
That the Governor, Comptroller and Attorney-General con-
-stitute a Board of Phosphate Commissioners, to have the con-
:trol and management of the phosphate interests of the State,
;and that the Board be authorized to enter into contracts in be-
lhalf of the State with parties for the mining of phosphates in

52

the navigable waters of the State, giving exclusive rights
within certain well defined limits.
That an inspector of phosphates be appointed at a fair
salary, whose duty it shall be, under the direction of the Board
of Phosphate Commissioners, to visit and inspect the opera-
tions of all companies or persons mining in the navigable
waters of the State, and to examine their accounts, and, in all
respects, to act as the Executive Officer of the Board of Phos-
phate Commissioners.
That the Board of Phosphate Commissioners be authorized
to pay all expenses necessary to enforce and protect the
rights of the State out of the income to be derived from phos-
phates.
That it be made a penal offense to mine phosphates in the
beds of navigable waters of the State without a compliance
with the statute.
REVISION OF LAWS.
In compliance with the act of the Legislature approved
June 1st, 1889, entitled "An act to provide for the revision
and consolidation of the public statutes of this State," I ap-
pointed Messrs. W. A. Blount of Pensacola, C. M. Cooper of
Jacksonville, and L. C. Massey of Orlando, Commissioners, to
revise, simplify, arrange and consolidate the laws of general
nature, in force in this State. By such appointment
I was enabled to secure for this important work, gentle-
men, not only of marked ability, but of energy, industry
.and sound discrimination. The Commissioners have not
caused their work to be printed in parts and delivered to
.me so that it could be distributed to the members of the
Legislature, as provided in section 3 of the act, for the reason,
.as I am informed by them, that in order to perform their
work, it was necessary for the different members of the Com-
mission to take up certain divisions of it, and a part could not
be perfected until the whole arrangement is approved and de-
tcided upon. I am assured by the Commission that the work
will be completed for submission to you on or about the com-
mencement of the session.
PUBLIC ROADS.
The importance and benefits of good public roads, bridges
.:and ferries, facilitating travel and the convenient transporta-
tion of the produce of the country to market, are realized
by all. The law enacted by the last Legislature entitled "An
.act to provide for placing and keeping in condition the public
roads, bridges and the laying out and constructing of the same,
and the raising of revenue for that purpose," has generally
proven impracticable and unsatisfactory, and had failed to ac-

cornpllish the objects of its enactment. The provision therein
for a board of I(oad Superintendents unneccessarily increases
the county officials, complicates the machinery for the adminis-
tration of county affairs, and adds to the county expense. I
recommend the repeal of the act and the relegation of public
roads and bridges to the charge and direction of the County
Commissioners with such provisions as will best distribute the
burdens among those who derive the benefits.
PROTECTION OF GAME AND PLUME BIRDS.
I do not know that I can more fittingly bring to your at-
tention the importance of legislation .for the protection of game
and plume birds than to repeat the language contained in my
message to the Legislature of 1889, as follows:
The game of our State is being rapidly thinned out by a
slaughter and destruction constantly going on, without regard
to the breeding seasons, and unless restrained and regulated
by law, will soon almost completely annihilate the game
whether of fur or feather. And the same may be said of
many of our beautiful birds of plume, which are followed to
their breeding grounds and ruthlessly destroyed, because of
the traffic in their plumage.
I recommend the enactment of such laws as will protect
and preserve the game, and the plume birds of our State and
regulate the killing of them."
UNITED STATES MILITARY POSTS.
I am in receipt of a communication from the Secretary
of War of the United States, requesting legislative enact-
ment by this State, ceding jurisdiction to the United States of
all forts and military posts and reservations in the State of
Florida. Such request is predicated upon the fact that the
act of July 24th, 1845, videe McClellan's Digest 686-7-8),.
which gives consent to the purchase by the United States of
sites for forts, etc., in general is apparently prospective and
applicable to future acquisitions. Whereas, the lands of the
posts as to which legislation is desired were mainly.acquired
before the date of such enactment. The draft of an act as de-
sired accompanies the letter.
I recommend the legislation requested by the Secretary of
War, which is entirely consistent with previous grants of the
State.
ESTABLISHMENT OF THE TRUE POLAR MERIDIAN.
At a meeting of the Southern Society of Civil Engineers,
held March 15, 1886, an interesting paper was read on the
subject of "the 1)esirability of the Establishment by the
States of a True Polar Meridian and Standard Length,"

53

54

setting forth at considerable length and with great force the
desirability of the establishment in each county of a true
polar meridian on which to test and adjust the surveyor's
compass, or other instrument used in running land lines and a
correct stan lard measurement by which to test and adjust the
surveyor's chain. Among the prominent reasons urged are
.briefly, the frequent errors in running the land lines by reason
of the inaccurate allowance for the variation of the magnetic
meridian, which is constantly undergoing change, and the fre-
quent incorrectness of meau: ements by reason of the stretch-
ing and consequent lengthening ff surveyor's chain by use.
To illustrate: A and B are abutting owners of land and em-
ploy different surveyors to establish the division line between
them. The line iun by the surveyor of A differ, materially
from that run by the surveyor of B-such difference resulting
from want of uniformity <,f the variation used, or the differ-
ence in instruments. A dispute aries which results in an ex-
pen4ive law suit. In the language of the paper referred to:
"Were such a meridian and standard used it would save much
vexatious litigation and confusion of records and deeds."
The Governors of the States were requested by the Society
to call this matter to the attention of their Legislatures. This
request I cheerfully comply with, realizing the benefits which
would result from the establishment of such standard upon
which to adjust compass and chain. The only question is the
practicability of doing so at this time on account of the cost
to the State. Unless such standards were established by a
competent engineer, they would be worse than useless. I sub-
mit the matter for your consideration.
EXECUTIVE PORTRAITS.
I have made an effort to procure for the Executive Office,
the portraits of the ex-Governors of Florida as contributory
to the preservation of State history and the promotion of
State pride. Having no fund which I felt justified in using
for ,uch purpose, I have applied to those of the ex-Governors
who are living, and the relatives of those deceased, for such
contributions. My applications have usually met with a kind
and favorable response, and have resulted, up to this time, in
pay assistant counsel employed in the said suit-. Such counsel
placing in the Executive Office the portraits of ex-Governors
Duval, Mosely, Madison S. Perry, Milton and Edward A.
Perry, which were kindly contributed by their surviving rela-
tives. I have also received a bust of governorr Madison S.
Perry, kindly donated by Mrs. Anna 7. Iouglass of Cam-
bridgeport, Mass., which was executed by her father, the latt

9

55
rl )-
00f

Ilenry Dexter of Massachussetts, from a cast taken by him
hlile Governor Perry was in office.
I have the promise of other portraits, but in order to secure
an approximately complete collection, it is necessary to incur
some expense. I recommend, therefore, an appropriation not
to exceed $500 for such purpose.
IN MEMORIAL.
Since the adjournment of the last Legislature, our State has
:sustained the loss of two of her distinguished citizens and
faithful public servants. General Edward A. Perry, Governor
'of the State from January, 1885, to January 1889, departed
this life in Texas, on the 15th day of October, 1889. His
,death was followed soon after by that of the Hon. James F.
iMcClellan, Judge of the First Judicial Circuit, which oc-
curred at his home in Pensacola, April 15, 1890. Their names
adorned the history of Florida, and their memory will be per-
petuated in the State which they served with fidelity and 'abil-
ity in war and peace.
PARDONS AND COMMUTATION OF SENTENCE.
In obedience to the requirement of the Constitution, I sub-
mit herewith a statement of the fines and forfeitures remitted,
reprieves, pardons and commutations granted by the Board of
Pardons since the beginning of the regular session of the
legislature of 1889.
CONCLUSION.
Florida has entered upon a career of prosperity which may
-be greatly promoted by such well considered and discreet
legislation as our people have the right to expect at your
hands.
With confidence in your wisdom, patriotism and fidelity, I
invoke the blessing and guidance of Divine Providence upon
.your deliberations, with the earnest hope that they will result
in best securing the happiness and welfare of the people, and
the prosperity of our beloved State.
FRANCIS P. FLEMING.

a

56

Mr. Buford, of Calhoun, offered the following resolution
Resobled, That the Secretary of State be requested to far-
nish each member of the House with a copy of the Laws dff
Florida passed at the session of the Legislature for 1889;
Which was read and adopted.
Mr. Wilson, of Lake, offered the following resolution :
.Resolved, That the vote, by which the number of copiae
of daily Journals to be published was fixed at 500, be recon -
sidered;
Which was read and laid over until to-morrow under tlhe
rules.
ORDERS OF THE DAY.
Concurrent resolution relative to the appointment of at
Joint Committee to examine books, etc., of the Commissioner
of Agriculture,
Was read the second time and upon its adoption the vote
was:
Yeas-Messrs. Atkinson, Baker, Baltzell, Bates, Berry;,
Beville, Blitch of Marion, Blitch of Levy, Bogue, Brown,
Buford, Burford, Carletgn, Carter, Carson, Clark, Coulter,
Dimick, Dougherty, Dykes, Goode, Hicks, High, Hocker, Hol.-
linger, Hutchinson, Jenkins, Johns, King, Langford, Lavea-
der, Mann of Baker, Mann of Hernando, Mays, McCaskill,,
McRae, Monroe, Morgan, Morris, Newlan, Overstreet, Parker,,
Peacock, Pittman, Priest, Richbourg, Robinson, Rye, Sauls-.
bury, Shine, Sparkman, Stapler, Thompson, Trammell, Turn-
bull, Vann, Vaughn, Whitehurst, Whitner, Wilson andl
Young.-61.
Nays-None.
So the resolution was adopted.
Ordered that the same be certified to the Senate.
SThe concurrent resolution relative to appointing a joint
committee to examine the offices of the Comptroller andl
Treasurer was read the second time, and upon. its adoption,,
the roll being called the vote was:
Yeas--Messrs.. Atkinson, Baker, Baltze,. BRates,. Berry,
Bethel, Beville, Blitch of Marion, BlitcL of Levy, Bogue,.
Brown, Buford, Burford, Canty, Carter, Carson, Clark, Cou--
ter, Dimick, ,Dougherty, ykes, Goode, Hicks, High, Hutch-
inson, Jenkins, Johns, King, Iangford, Lavender, Mann of
Baker, Mann of Hernando, Mays, McCaskill, McRae, Mc-
swain, Monroe, Morgan, Morris, Newlan, Overstreet, Parker,
Peacock, Pittman, Priest, Richbourg, Robinson, Saulsbury,
Shine, Sparkman, Stapler, Summerlin, Thompson, Trammell,,

57

Turnbull, Usina, Vann, Vaughn, Whitehurst, Whitner, Wil-
soli and Young-62.
Nays-None.
So the resolution was adopted.
Ordered that the same be certified to the Senate.
Mr. Clark, of Polk, offered the following resolution:
Resolved, That so much of the Governor's message as re-
lates to the World's Fair be referred to a Select Committee of
five to be appointed by the Speaker;
Which was adopted.
Mr. Baltzell, of Nassau, offered the following resolution :
Resolved, That in view of the fact that it costs quite a sum
of money to meet the expenses incurred in the visit of com-
mittees to various parts of the State and that it is the wish of
the House to make this session of the Legislature as econom-
ical as possible; therefore, be it
Resolved, That when the number of a visiting committee is
fixed by vote of the House no further addition shall be made
thereto;
Which was read and adopted.
Mr. Coulter, of Volusia, offered the following concurrent
resolution: =
That a joint committee be appointed to visit. the Agricul-
tural College at Lake City;
Which was read and laid over under the rules until to-
morrow.
Mr. Stapler offered a joint resolution relative to the ap-
pointment of a committee to visit the Deaf and Dumb Asy-
lum at St. Augustine;
Which was read and laid over under the rules until to-
morrow.
Mr. Robinson, of Washington, offered a joiut resolution to
appoint a joint committee to examine the office of the Bureau
of Immigration;
Which was read and laid over under the rules until to-
morrow.
The Speaker announced the following standing committees
of the House of Representatives for the present session :,
No. 1- On Judiciary.
Mr. CLARK, of Polk, Chairman.
MESSRS. LOCKERR, MANN, of Hernando,,
CARTER, THOMPSON,
BURFORD, VANN,
)DOUGHERTY, VAUGHN,
HICKS.
r f

58

"MESSRS.

Ao. 2- On Finance and Taxation.

Mr. TRAMMELL, Chairman.
TURNBULL, MAYES,
BLITCH, of Levy YOUNG,
JOHNS, PRIEST,
BURFORD, BERRY,
.MANN, of Hernando, BOGUE,
SPARKMAN.

No-. 3- On Immigration.

Mr. SHINE, Chairman.
MESSRS. SUMMERLIN, BEVILLE,
BURFORD, CANTY,
CO ULTER, PITMAN,
SAULSBURY, STAPLER.

No.- 4--On Ra0ilroads and Telegraphs.

Mr. BOGVE, of Dural, Chairman.

MESSRS.
I

CARTER,
BURFORD),
TRAMMEL,

HADDOCK.

BALTZELL,
KING,
THOMPSON,

No. 5-On Corporations.
Mr. BAKER, of Jackson, Chairman.

MESSRS.

BEVILLE,
BROWN,
CARSON,

C.ANTY,
COULTER,
CARLETON.

qVo. 6- O Public Printing.
Mr. HUTCHINSON, of Putnam, Chairman.

MESSRS.

BATES,
HADDOCK,

ATKINSON,
STAPLER.

A"o. 7-O'n Commerce and Atvigation.
Mr. VAUGHN, of Escatnbia, Chairman.

MESSRS.

WHITEHURST,
HICKS,
BETHEL,
BERRY.

THOMPSON,
DIMICK,
ATKINSON,

I

59

No. 8- On. Engrossed -Bills.

Mr. SUMMERLIN, Chairman.

MIESSES. BATES,
BROWN,

DIMICK,
CARLETON.

No. 9- On Enrolled Bills.
Mr. DOUGHERTY, Chairman.

MESSRs.

SAULSBURY,
LAVENDER,

HUTCHINSON,
THITNER.

No. 10-On State Institutions.
Mr. TURNBULL of Leon, Chairman.

MESSRS. LANGFORD,
MAYS,

McCASKILL,
LAVENDER.

Mr. BALTZELL.

No. 11- On Public' Lands.

Mr. HOCKER, Chairman.

MESSRS.

HADDOCK, LA
McSWAIN, Mc
OVERSTREET, -* TU
Mr. SPARKMAN.

NGFORD,
RAE,
TRNBULL.

No 12- On Militia.

Mr. WHITNER, of Orange, Chairman.
USINA, ROBERTSON,
OVERSTREET.
No. 13--On Privileges and, Elections.
Mr. STAPLER, of Hamilton, Chairman.

MESSRS. HUTCHINSON,
SHINE,
MANN, of Hernando,
CARLETON.

WILSON,
PITTMAN.
HOLLINGER,

.I

No. 14- On Education.

Mr. YOUNG, Chairman.

MESSRS.

BERRY,
HUTCHINSON,
SPARKMAN,
Mr. BUFORD.

WILSON,
MORGAN,
WHITNER.

MESSRS.

;

I

60

MESSRS.

MECSSRS.

No. 15--On Roads and Righways.
Mr. JOHNS, Chairman.
SHINE, BATES,
MANN, of Hernando, NEWLAN,
PARKER, RYE.

No. 16-On Legislative Expenses.
Mr. HICKS, Chairman.
HIGH, WILSON,
GOODE, HOLLINGER,
JOHNS, VAUGHN,
MONROE, MORRIS.

No. 17-On Claims.
Mr. PRIEST, of Clay, Chairman.

MESSRS.

DYKES,
MORRIS,

McSWAIN,
RICHBOURG.

MESSRS.

No. 18-On City and County Organization.
Mr. HADDOCK, Chairman.
GOODE, MONROE,
RICHBOURG, VANN,
BETHEL, ATKINSON,
USINA, JOHNS.

No. 19-On Agriculture.

Mr. WILSON, Chairman.
MESSRS. BATES, BEVILLE,
ROBERTSON, MANN, of Baker,
McCASKILL, PARKER,
o BERRY.

No. 20- On Indian Afairs.

Mr. DIMICK, of Dade,
MESSRS. BETHEL,
PEACOCK,

Chairman.
HIGH,
ATKINSON.

No. 22-On Appropriations.

Mr. BLITCH, of Levy,
MESSRS. MORGAN,
DYKES,

Chairman.
PRIEST,
BLITCH,

of Mar ion

a

61

No. 23- On Fisheries.

Mr. THOMPSON, of Monroe, Chairman.
MESSRS. HICKS, WHITEHURST,
VAUGHN, USINA.
Mr. SUMMERLIN.

No. 24--On Temperance.

Mr. COULTER, of Volusia, Chairman.
MESSRS. BLITCH of Levy, BROWN,
HOCKER; WILSON,
KING, NEWLAN.

MESSRS.

No 5- On Census and Apportionment.

Mr. BROWN, of Columbia, Chairman.
BEVILLE. BUFORD.
McCASKILL. McRAE.

No.. 6--- On Rules

.Mr. MANN, of Hernando county, Chairman.
MEssRs. LAVENDER, MAYS,
NEWLAN, RICHBOURG,

No 7-On Unfinished Business.
Mr. HOLLINGER, of Leon, Chairman.
.MESSRS. HIGH, MANN of Bake,,
PARKER, RICHBOURG.

No 28--On Pvblic Health.

MESSRS.

Mr. BLITCH, of Marion, Chairman.
VAUGHN, WHITEHURST, .
THOMPSON, USINA,
BOGUE, BALTZELL,
HICKS, BAKER,
KING, CARSON.

No. 29--On Constitutional Amendments.

Mr. CARTER, of Alachua, Chairman.

I.

MESSRS.

THOMPSON,
ATKINSON,
BURFORD,

MORRIS,
HOCKER,
DOUGHERTY.

i

62

No. 30-On Canals.
Mr. DOUGHERTY, of Volusia, Chairman.
MESSRS. USINA, DIMICK,
ATKINSON, PARKER,
SHINE, VANN.
On motion of Mr. Bates, the House of Representatives took
a recess until 3 o'clock P. M.

THREE O'CLOCK P. M.
The House of Representatives resumed its session.
The roll being called, the following members answered to.
their names:
Mr. Speaker, Messrs. Atkinson, Baker, Baltzell, Bates,.
Berry, Bethel, Beville, Blitch of Marion, Blitch of Levy,.
Bogue, Brown, Buford, Burford, Canty, Carleton, Carter, Car-
son, Clark, Coulter, Dimick, Dykes, Goode, Had-
dock, Hicks, High, Jenkins, Johns, King, Langford, Lavender,
Mann of Baker, Mann of Hernando, Mays, McCaskill,
McRae, McSwain, Monroe, Morgan, Morris, Newlan, Parker,
Peacock, Pittman, Priest, Richbourg, Robinson, Rye, Shine,
Sparkman, Summerlin, Thompson, Trammell, Turnbull, Usina,
Vann, Vaughn, Whitehurst, Whitner, Wilson and Young.-
62.
A quorum present.
Mr' Trammel moved to add Messrs. Bogue of Duval, Mann
of Hernando, and Sparkman of Hillsborough, to Committee
on Finance and Taxation;
SWhich was agreed to.
On motion of Mr. Mann of Hernando, Mr. Hicks of Frank-
lin was added to the Conmittee of Judiciary.
On motion of Mr. Baltzell of Nassau, Mr. Berry of Escam-
bia was added to Committee on Commerce and Navigation.
On motion of Mr. Dimick of Dade, Mr. Haddock of Duval
was added to Committee on Railroads.
On motion of Mr. Mann of Hernando, Mr. Robinson of:
Washington was added to Committee on Public Lands.
On motion of Mr. Bogue, the Hon. Loton M. Jones was in-.
vited to a seat within the bar.
Mr. Richbourg offered a concurrent resolution relative to.
appointing a joint committee to visit the State Asylum;
Which Was read the first time and laid over under the rules;
until to-morrow.
On motion of Mr. Baltzell, of Nassau, the House of Repre.
sentatives adjourned until 10 o'clock A. M. to-morrow,

THURSDAY, APRIL 9th, 1891.
The House of Representatives met pursuant to adjourn-
ment.
The Speaker in the chair.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Baker, Baltzell, Bates, Berry, Bethel,
Beville, Blitch of Marion, Blitch of Levy, Bogue, Brown, Bu-
ford, Canty, Carleton, Carter, Clark, Coulter, Dimick, Dykes,
Goode, Haddock, Hicks,High, Hocker, Hollinger, Hutchinson,
Jenkins, Johns, King, Langford, Lavender, Mann of 'Baker,
Mays, McCaskill, McRae, McSwain, Monroe, Morgan, Morris,
Newlan, Overstreet, Parker, Peacock, Pittman, Priest, Rich-
bourg, Robertson, Rye, Saulsbury, Shine, Sparkman, Summer-
lin, Thompson, Trammell, Turnbull, Vann, Vaughn, White-
hurst, Whitner, Wilson and Young-61.
A quorum present.
Prayer by Rev. W. M. Poage, Chaplain.
On motion of Mr. Shine, of Orange, the reading of the Jour-
nal each morning was dispensed with until otherwise ordered;
Which was agreed 'to.
Mr. Turnbull offered a joint resolution relative to joint com-
mittees and expenses of the same;
Which was read the first time and laid over under, the rules.
Mr. Carson, of Liberty, offered a resolution relative to list-
ing lands in Liberty county;
Which was read the first time and referred to Committee on
Corporations.
Also,
Joint resolution relative to the equalization of State arid
county taxes;
Which was read and referred to Committee on Finance and
Taxation.
On motion of Mr. Coulter, Mr. Sparkman, of Hillsborough,,
was added to the Committee on Public Lands.
On motion of Mr. Turnbull, Mr. Baltzell was added to the
Committee on State Institutions..
Mr. Robinson moved to add Mr. Buford on Committee of
Education ;
Which was agreed to.
Mr. Burford moved that Messrs. Shine, Hollinger and Mann be
placed on Committee on Privileges and Elections;
Which was agreed to:

64

Mr. Vann was excused upon request from serving on Com-
mittee on Privileges and Elections;
Which was granted.
On motion of Mr. Haddock, Mr. Carleton of Nassau was
added to Committee on Privileges and Elections.
Resolution by Mr. Clark of Polk:
That no more additions to standing committees shall be
made, during the present session;
Which was read and adopted.
Resolution by Mr. Harker of Lake:
Resolved, That the Clerk of the House be requested to
cause the standing committees to 1 e reprinted in to-morrow's
"Journal with the alterations and additions made to-day ;
Which was read and adopted.
The roll of counties being 'called the following bills were
introduced:
By Mr. Carter, of Alachua:
House Bill No. 15:
To be entitled an act to repeal Chapter 3891, Acts of 1891,
Laws of Florida, approved May 31st, 1889, entitled "An act
regulating assignments for the benefit of creditors;"
"Which was read the first time and referred to the Commit-
tee on Judiciary.
Also,
House Bill No. 16:
A bill to be entitled an act to incorporate the.Florida, Geor-
gia and Western Railway Company, and, to grant certain
lands to aid in the construction of said railroad;
Which was read first time and referred to Committee on
Railroads.
By Mr. Atkinson, of Brevard:
House Bill No. 17 :
To be entitled an act to extend the power of the Railroad
"Commissioners of the State of Florida to the matter of joint
rates partly by land and partly by water and to prevent unjust
discrimination by railroads against competing lines of steam-
boats, and to open the waterways of the State of Florida to
competition ;
Which was read the first time and referred to the Com-
mittee on Railroads and Telegraphs.
By Mr. Berry, of Escambia:
House Bill No. 18:
To be entitled an act to repeal chapter 3858 of the Laws of
Florida:

65

Which was read the first time and referred to the Commit-
tee on Agriculture.
Mr. A. C. Berry introduced-
House Bill No. 19:
To be entitled an act to prevent the wilful, malicious or
negligent firing and burning of the woods in any part of the
:State of Florida and providing a penalty for the violation of
the same;
Which was read first time and referred to Commmittee on
.Agriculture.
Mr. Haddock, of Duval, introduced-
House Bill No. 20 :
To be entitled an act to provide for, and encourage the or-
ganization of a corps of volunteer militia and enforce their
%discipline;
Which was read first time and referred to Committee on
Militia.
Mr. Bogue, of Duval, introduced-
House Bill No. 21:
A bill to be entitled an act to establish the boundaries of
the City of Jacksonville, Duval county;
Which was read first time and referred to Committee on
Cities and County Organizations.
Mr. Bogue, of Duval, introduced-
House Bill No. 22:
To be entitled an act in aid of societies for the prevention
.of cruelty to animals;
Which was read first time and referred to Committee -on
Agriculture.
By Mr. Hicks of Franklin:
House Bill No. 23:
To be entitled an act defining what shall be a sufficient levy
upon stock or cattle running upon the range;
Which was read the first time and referred to Commit-
tee on Judiciary.
Also,
House Bill No. 24:
To be entitled an act to continue the rights, privileges and
powers and franchises and grants of the Carabelle, Tallahassee
and Georgia Railroad Company, formerly the Augusta, Talla-
hassee and Gulf Railroad Company, and formerly the Thomas-.
ville, Tallahassee and Gulf Railroad Company, and to extendthe'
time for the completion of tl e same;
Which was read first time and referred to Committee on
Railroads and Telegraphs.
5h

66

By Mr. Blitch of Levy:
House Bill No. 25:
To be entitled an act relating to the redemption of land
sold for taxes;
Which was read first time and referred to Judiciary Com-
mittee.
Mr. Blitch, of Levy, introduced-
House Bill No. 26:
To be entitled an act to supply deficiencies in the appro-
priations for the years 1889 and 1890;
Which was read the first time and referred to Committee
on Appropriations.
Mr. Turnbull, of Leon, introduced-
House Bill No. 27 :
To be entitled an act to fix the pay of the members, officers
and attaches of the regular session of the Legislature of A. D.
1891;
Which was read first time and referred to Committee on
Legislative Expenses.
By Mr. Vann, of Madison:
House Bill No. 28:
To be entitled an act to construe certain wills as to after
acquired property;
Which was read first time and referred to Committee on
Judiciary.
Also,
House Bill No. 29:
To be entitled an act allowing the State to appeal in certain
criminal cases;
Which was read firsf time and referred to Committee on
Judiciary.
By Mr. Blitch, of Marion:
House Bill No. 30:
To be entitled an act to authorize and require the board of
.county commissioners of the several counties to prevent per-
sons or corporations digging or mining phosphate rock or
phosphate deposits in this State from dumping debris into any
navigable streams of this State;
Which was read first time and referred to Committee on
Commerce and Navigation.
Also,
House Bill No. 31 :
To be entitled an act in relation to the redemption of real
estate sold under execution decree, mortgage or deed of trust;
Which was read first time and referred to Committee on
Judiciary.

67

Also,
House Bill No. 32:
To be entitled an act to prevent and punish swindling and
cheating;
Which was read first time and referred to Committee on
Judiciary.
Mr. Blitch, of Marion, introduced--
House bill No. 33:
To be entitled an act to provide for the appointment of a
board uf dental examiners, and to regulate the practice of
dentistry in the State of Florida;
Which was read first time and referred to Committee on
Public Health.
Also,
House bill No. 34:
To be entitled an act to require clerks of the Circuit Courts
to furnish abstracts of titles and for other purposes connected
therewith;
Which was read first time and referred to Committee. on
Judiciary.
Also,
House bill No. 85;
To be entitled an act to amend Section 14 of an act to pro-
vide for and encourage the organization of a corps of volun-
teer militia and enforce their discipline, approved June 8,
1887, Chapter 3707, Laws of Florida;
Which was read first time and referred to Committee on.
Militia.
Also,
House bill No. 36:
To be entitled an act to repeal an act to provide for the ap-
pointment of County Boards of Health in and for the several
counties of the State of Florida, and define their powers, Chap-
ter 38859, Laws of Florida.
Which was read first time and referred to Committee on
Judiciary.
Also,
House Bill No. 37:
To be entitled an act for the protection of game, wild
birds and birds of song and plumage;
Which was iead first time and referred to Committee on
Agriculture.
Also,
House Bill No. 38:
To be entitled an act to amend Section 2 of an act entitled

68

an act to prescribe a mode whereby counties may erect court
houses and other buildings;
Which was read and referred to Committee on Finance and
Taxation.
By Mr. Clark of Polk:
House Bill No. 39:
To be entitled an act to define what is a common carrier of
freights and passengers and to fix the liabilities of the .ame ;
Which' was read first time and referred to Committee lon
Railroads.
Also,
House Bill No. 40:
To be entitled an act to fix the legal rates of interest; to
define usury and to provide penalties and forfeitures on usu-
rious contracts;
Which was read first time and referred to Committee on
Judiciary.
Also,
House Bill No. 41 :
To be entitled an act to confer police power on all con-
ductors in charge of passenger trains on the railroads in this
State ;
Which was read first time and referred to Committee on
Railroads.
By Mr. Hutchinson, of Putnam:
-House Bill No. 42:
To be entitled an act exempting the property of city or
village improvement associations from taxation;
"Which was read first time and referred to Committee on
Finance and Taxation.
By Mr. Roberts, of Washington:
House Bill No. 43:
To be entitled an act to amend Section 3 of an act to
amend Sections 9, 18, 22, 30, 35, 62 and 63 of an Act entitled
An act for the assessment and collection of revenue, approved
January 13, 1887, Chapter 3681, laws of Florida, approved
June 3, 1889, Chapter 3847, laws of Florida;
Which was read first time and referred to Committee on
Finance and Taxation.
Also,
House Bill No. 44:
To be entitled an act in relation to lands heretofore subject
to sale for non-payment of taxes;
Which was read first time and referred to Committee on
Finance and Taxation.

69

Al so,
'House Bill No. 45:
To be entitled an act to repeal an act entitled an act to
to provide for placing and keeping in condition the
public roads and bridges and laying and laying out and con-
structing of tie same, and raising of revenue for that purpose,
approved June 7th, 1889;
Which was read first time and referred to Committee on
Roads and Highways.
By Mr. Buford, of Calhoun:
House Bill No. 46:
To be entitled an act to repeal .an act entitled an act to pro-
vide a fund for immigration purposes, approved June 3d, 1889,
Chapter 3852, Laws of Florida;
Which was read first time and referred to Committee on
Immigration.
By Mr. Bogue, of Duval:
House Bill No. 47 :
To be entited an act to require the employment of compe-
tent and experienced trackmen as road, division, section
masters, and all foremen, who are to instruct as to the repair-&
ing and keeping railroad tracks safe for the passage of trains
over the several railroads in this State by the companies or cor-
porations owning or operating any of the said railroads; to
provide for the examination of all such trackmen and appli-
cants therefore; to provide for the office of examiner and all
".such employees or applicants for any of such positions, fi;
the State of Florida and for other.purposes ;
Which was read first time and referred to Committee on
Railroads. "
Concurrent Resolution by Mr. Coulter, of Volusia, relative
to the appointment of a joint committee to investigate the con-
dition and management of the Agricultural College at Lake
City, and the branch of the same at DeFuniack;
Which was read and the roll being called the vote was:
Yeas-Messrs. Atkinson, Baltzell, Bates," Berry, .Bevile
Blitch of Marion, Blitch of Levy, Bogue, Browne, Buffd ,
Burford, Canty,, Carleton, Carter, Carson, Clark, Coulte
Dimick, Dougherty, Dykes, Goode, Haddock, Hicks, Hig
Hocker, Hollinger, Hutchinson, Jenkins, Johns, King, Lang-
ford, Lavender, Mann of Baker, Mays, McCaskill, MoRae,
McSwain, Monroe, Morgan, Morris, Overstreet, Parker,
Peacock, Pittman, Priest, Richbourg, Robertson, Rye, San&u
bury, Shine, Sparkman, Summerlin, Thompson, Trammel,
Turnbull, Vann, Vaughn, Whitehurst, Wilson, Yohng-61.
1

70

Nays-None.
So the motion was adopted and ordered to be certified to
the Senate.
Mr. Dougherty, of Volusia, offered joint resolution accept-
ing the appropriation and trusts of the act of Congress en-
titled an act to credit and pay to the several States and Ter-
ritories and the District of Columbia, all moneys collected
under the direct tax levied by the act of Congress, approved
August 5th, 1861, in full satisfaction of the claim of the State
of Florida therefore, and to authorize the Governor to pay
claimants under said act;
Which was. read first time and referred to Committee on
Judiciary.
Mr. Vann, of Madison, introduced joint resolution pro-
posing amendments to the Constitution relative to Article
IV, Section 7, and Article V, section 12;
Which was read first time and referred to the Committee
on Constitutional Amendments.
Concurrent resolution relative to the appointment of a
joint committee to examine the books, papers, receipts and ex-
penditures of the Bureau of Imigratiou;
Which was read second time and the roll being called, the
vote was:
Yeas--Messrs. Baker, Bates, Berry, Buford, Canty, Carson,
Clark, Dykes, Goode, Lavender, McCaskill, Pittman, Robin-
son, Rye, Trammell, Vann, Vaughn aud Whitner,-1 .
Nays Messrs. Baltzell, Beville, Blitch of Marion,
Blitch of Levy, Bogue, Browne, Burford, Carleton,
Dimick, Dougherty, Haddock, Hicks, High, Hocker,
Hollinger, Hutchinson, Jenkins, Johns, King, Langford, Mann
of Baker, Mays, McRae, McSwain, Monroe, Morgan, Morris,
Overstreet, Parker, Peacock, Priest, Richbourg, Saulsbury,
Shine, Sparkman, Summerlin, Thompson, Turnbull, White-
burst, Wilson and Young.--41.
So the resolution was not adopted.
Concurrent resolution relative to joint committees and ex-
penses of same,
Was read second time.
The Speaker ruled that under Rule 43, that the resolution
was not of such public nature as to require a third reading
and requested'a decision of the House thereupon in order to
have the matter' decided on; an appeal from his decision was
solicited.
Mr. Shine moved an appeal from the decision of the
chair.

71

The roll being called the vote was:
Yeas-Messrs. Atkinson, Baker, Berry, Beville, Blitch of
iMarion, Bogue, Buford, Carleton, Carson, Clark, Coulter,
Dimick, Dougherty, Dykes, Goode, Haddock, High, Hutchin-
son, Johns, Lavender, Mays, McCaskill, McSwain, Monroe,
-Morgan, Morris, Parker, Peacock, Pittman, Priest, Saulsbury,
Thompson, Turnbull, Young-33.
Nays-Messrs. Baltzell, Bates, Brown, Burford, Canty,
Hocker, Hollinger, Mann of Baker, McRae, Overstreet, Rob-
inson, Rye, Shine, Sparkman, Summerlin, Trammell, Vann,
Whitehurst, Whitner, Wilson--20.
So the decision of the Chair was sustained, pending the
,consideration of the resolution.
Upon motion of Mr. Wilson of Lake, the House taken a re-
cess until 3 o'clock P. M.

No. 1-On Judiciary.
Mr. CLARK of Polk, Chairman.
MEssas. HOCKER, MANN, of Hernando,
CARTER, THOMPSON,
BIURFORD, VANN,
DOUGHERTY, VAUGHN,
HICKS.
No. 2--On Finance and Tacation.
Mr. TRAMMELL, Chairman.
M[isas. TURNBULL, MAYES,
BLITCH, of Levy YOUNG,
JOHNS, PRIEST,
BURFORD, BERRY,
MANN, of Hernando, BOGUE,
SPARKMAN.
No. 3- On Immigration.
Mr. SHINE, Chairman.
XMESSRS. SUMMERLIN, BEVILLE,
BURFORD, CANTY,
SCO U L T E R P I T M A N ,
SAULSBURY, STAPLER.

I
72 "
*' k'2

No. 4-On 'RRilro'ads,.and Telegraphs.
Mr.:BOGUE, of Duval, Chairman.

MESSRS. CARTER,
BURFORD,
TRAMMEL,

HADDOCK.

"* BALTZELL,
KING,
THOMPSON,,

No. 5- On Corporations.

Mr. BAKER, of Jackson,
MESSRs. BEVILLE,
BROWN,
S..CARSON,

Chairman.
CANTY,
COULTER,
CARLETON..

.Vo. 6- On Public Printing.

MESSRS.

MESSRS.
^

Mr. HUTCHINSON, of Putnam, Chairman..
BATES, .... ATKINSON,,
HADDOCK, STAPLER.

o. 7-- On Commerce and Navigation.
Mr. VAUGHN, of Escambia, Chairman..
WHITEHURST, THOMPSON;,
HICKS, DIMICK,
BETHEL, ATKINSON,.
BERRY.

No. 8- On Engrossed Bills.

Mr. SUMMERLIN, Chairman.
MEssRs. BATES, DIMICK,
BROWN, CARLETON.

.Vo. 9- On Enrolled Bills.
Mr. DOUGHERTY, Chairman.
ME2sRs. SAULSBURY, HUTCHINSON,
LAVENDER, WHITNER..

No. 10-On State Institutions.
Mr. TURNBULL of Leon, Chairman.
MESSRS. LANGFORD, McCASKILL,
MAYS, LAVENDER..
Mr. BALTZELL.

1

73 '

NVo. 11-On Pubclic Lands.

Mr. HOCKER, Chairman.

MEssRs. HADDOCK,
McS WAIN,
OVERSTREET.

LANGFORD,
McRAE,
^T TITNBULL.

Mr. SPARtIiAN.

a

No .1'- On Militia.
I '*

Mr. WHITNER, of Orange, Chairman.

MESSRS.

USINA,

ROBERTSON,
OVERSTREET.D
~. .

iVo. 13-On Privileges and

Elections.

Mr. STAPLER, of Hamilton, Chairman.

MESS P RS.

HUTCHINSON,
SHINE,
MANN, of Herna
CA

,ndo, "
LRLETON.

HOLLINGER,

No. 14- On Education.

Mr. YOUNG,'Chairnhan.

BERRY, i.
HUTCHINSON,
SPARKMAN,
Mr. DUFORD.

R-easBs. SHINE,
MANN, of Hernando,
PARKER,

WILSON,
MORGAN,
WHITNER.

BATES,
NEWLAN,
RYE

"No. 16--On Legislative Expenses.

Mr. HICKS, Chairman.

ME* SRS.

HIGH,
GOODE,
.JOHNS,
MONROE,

WILSON,
HOLLINGER,
VAUGHN,
MORRIS.

i

SWILSON,
" "PITTMAN.

MESSRs.

No. 15- On Roads and highways.

Mr. JOHNS, Chairman.

S:
4

1<

.4,
1
-. '.I

i
.4.
A

1
"*I

-- ----- ---

. .- I

q.

,

-

4

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9 t

*

74

No. 17-On Claims.
Mr. PRIEST, of Clay, Chairman.

MESSRS.

DYKES,
MORRIS,

McSWAIN,
RICHBOURG.

MESSRs.

No. 18-On City and County Organization.
Mr. HADDOCK, Chairman.
GOODE, MONROE,
RICHBOURG, VANN,
BETHEL, ATKINSON,
USINA, JOHNS.

No. 19-On Agriculture.

Mr. WILSON, Chairman.
MEssRs. BATES, BEVILLE,
ROBERTSON, MANN, of Baker,
McCASKILL, PARKER,
BERRY.

No. 0O--On Indian Affairs.
9

Mr. DIMICK, of Dade,
MESSRS. BETHEL,
PEACOCK,

Chairman.
HIGH,
ATKINSON.

No. 22-On Appropriations.

MEssRS.

SMr. BLITCH, of Levy,
MORGAN,
DYKES,

Chairman.
PRIEST,
BLITCII, of Marion

No. 23- On Fisheries.

MESSRS.

Mr. THOMPSON, of Monroe, Chairman.
HICKS, WHITEHURST,
VAUGHN, USINA.
Mr. SUMMERLIN.

No. 24- On .emperance.

Mr. COULTER, of Volusia, Chairman.
MESSRs. BLITCH of Levy, BROWN,
HOCKER, WILSON,
KING, N EWLAN.

75

No 25- On Census and Apportionment.
Mr. BROWN, of Columbia, Chairman.

MESSRS. BEVILLE.
McCASKILL.

BUFORD.
McRAE.

No. 26- On Rules.

Mr. MANN, of Hernando county, Chairman.

MESSRS. LAVENDER,
NEWLAN,

MAYS,
RICHBOURG.

No 7--On Unfinished Business.
Mr. HOLLINGER, of Leon, Chairman.

HIGH,
PARKER,

MANN of Baker,
RICHBOURG.

NVo 8-On Pvblic Heat h.
Mr. BLITCH, of Marion, Chairman.

VAUGHN,
THOMPSON,
BOGUE;
HICKS,
KING,

WHITEHURST,
USINA,
BALTZELL,
BAKER,
CARSON.

VNo. 29-On Constitutional Amendments.

Mr. CARTER, of Alachua, Chairman.

MEsSRS.

THOMPSON,
ATKINSON,
BURFORD,

MORRIS,
HOCKER, ,
DOUGHERTY.

No. 30-On Canals.

MEssRs.

I

Mr. DOUGHERTY, of Volusia, Chairman.
USINA, DIMICK,

ATKINSON,
SHINE,

PARKER,
VANN.

On motion of Mr. Bates, th
a recess until 3 o'clock P. M.

ie House of Representatives took

MEKsss.

MESSRS.

76

THREE O'CLOCK P. M.
.LThe House resumed its session:
The following members were present:
Mr. Speaker, Messrs. Atkinson, Baker, Baltzell, Bates,
Berry, Beville, Blitch of Marion, Blitch of Levy, Bogue,
Brown, Buford, Burford, Canty, Carleton, Clark, Coulter,
Dimick, Goode, Haddock, High, Johns, King, Langford,
Lavender, Mann of Hernando, Mays, McCaskill, McRae, Mc-
Swain, Morgan, Newlan, Overstreet, Parker, Peacock, Pitt-
man, Priest, Richbourg, IRobertson, Rye, Saulsbury, Shine,
Sparkman, Stapler, Summerlin, Trammell, Turnbull, Usina,
"Vann, Vaughn, Whitehurst, Whitney, Wilson and Young.
-54.
A quorum present.
The House resumed the consideration of concurrent res i
lution,"'-That all special committees appointed by the Legimia
ture of Florida to visit, investigate and report on any pul i:-
institution, establishment or enterprise shall consist of r t
more than three members."
Resolved further, That the amount of expense to be Ji
curred by the State shall in no case exceed the actual cost c.f
transporting such committee or committees from the Capitol
to the place of investigation and return.
Mr. Dougherty offered the following amendment:
"After the word exceed by striking out the balance; insert
ten cents per mile for each individual for the number of miles
traveled."
Mr. Mays moved to amend the amendment by striking out
"ten" and inserting five" before the word cents;
Which was adopted and the amendment as amended was
adopted.
The roll being called upon the adoption of the resolution
as amended, the vote was:
Yeas-Messrs. Atkinson, Baker, Baltzell, Bates, Berry, Be-
"ville, Blitch of Levy, Bogue, Brown, Buford, Burford, Canty,
Carleton, Carson, Coulter, Dimick, Dougherty, Dykes, Had-
dock, Hicks, High, Hocker, Hollinger, Hutchinson, Jenkins,
Johns, King, Langford, Lavender, Mays, McCaskill, McRae,
McSwain, Monroe, Morgan, Morris, Newlan, Overstreet, Par-
ker, Peacock, Pittman, Priest, |Richbourg, Robertson, Rye,
Saulsbury, Shine, Sparkman, Stapler, Trammell, Turnbull,
Vaughn, Whitehurst, Whitner, Wilson and Youug-56.
Nays-Messsrs. Blitch of Marion and Vann.--2.
So the resolution was adopted as amended.

77

Ordered that the same be certified to the Senate.
Mr. Carleton, of Nassau, offered the following resolution:
Resolved, That a special committee of seven be appointed
on manufactories;
Which was read and adopted.
Mr. Atkinson, of Brevard, offered the following joint res-
olution :
Be it resolved by the lHouse of Representatives, ths Seniate
concurring, That the commissioners appointed by the Gov-
Sernor of the State to revise, simplify, arrange and consolidate
all the public statutes of England, of the Territory and the
State of Florida, now in force in this State under Chapter
3905, Laws of Florida, be requested to lay a printed copy of
the public acts so revised before the Legislature, in accordance
with the provisions of said act;
Which was laid over under the rules until to-morrow.
Mr. Baker, of Jackson, moved that Capt. R. W. Sanburn, of
Liberty county, be invited to a seat within the bar during his
stay in the city;
Which was agreed to.
Mr. Clark, of Polk, offered the following resolution:
Resolved, That the Judiciary Committee be authorized to
employ a clerk;
Which was adopted.
Mr. Morris, of Jefferson, offered-
House Bill No. 48:
Entitled an act to provide for the punishment of defaulting
jurors;
.Which was read first time and referred to Committee on Ju-
diciary.
Also-
House Bill No. 49:
Entitled an act to define.the duties of Judge of the Circuit
Court in charging juries;
Which was read first time and referred to Committee on
Judiciary.
Mr. Jenkins, of Taylor, offered-
House Bill No. 50:
Entitled an act to amend Section 4 of an act to provide an
annuity for disabled soldiers and sailors of the State of Flor-
ida;
Which was read first time and referred to Judiciary Com-
mittee.
By Mr. Atkinson, of Brevard:
House Bill No. 51:
Entitled an act to amend Section 1 of Chapter 3764 of the

78

Laws of Florida, entitled an act to suppress gambling houses
and gambling;
Which was read first time and referred to Commitee on
Judiciary.
On motion of Mr. Whitehurst, Mr. Summerlin was added to
the Committee on Fisheries.
The following communication was received by the Speaker:

LIVE OAK, FLA., April 8, 1891.
Hon. JL. Gaskins, Speaker of the House of Representatives,
Tallahassee, Fla.:
DEAR SIR-I beg leave to inform you that I have to-day
transmitted to you by express the testimony and original
papers in the contest between Ivey and Harrell vs. High and
Newlan for members of the House of Representatives.
With kindest regards, and hearty congratulations on your
securing the Speakership, I am
Respectfully yours,
J. H. T. BYNUM,
Clerk Circuit Court.
Which was read, and the package of papers referred to wa
referred to Committee on Privileges and Elections.
On motion of Mr. Dougherty, 10 o'clock A. M. was adopted
as the hour of meeting during the session.
On motion of Mr. Coulter, the HouSe adjourned until to-
morrow morning.

-----------o----

FRIDAY, April 10 1891.

The House of Representatives met pursuant to adjourn-
- ment.
The Speaker in the chair.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Atkinson, Baker, Baltzell, Bates,
Berry, Bethel, Beville, Blitch of Marion, Blitch of Levy,
Bogue, Brown, Buford, Burford, Carleton, Carter, Carson,
Clark, Coulter, Dimick, Dougherty, Dykes, Goode, Haddock,
Hicks, High, Hocker, Hollinger, Hutckinson, Jenkins, Johns,
King, Langford, Lavender, Mann of Baker, Mann of Her-
nando, Mays, McCaskill, McRae, McSwain, Monroe, Morgan,

79

Morris, Newlan, Overstreet, Parker, Peacock, Pittman, Priest,
"Richbourg, Robinson, Rye, Saulsbury, Shine, Stapler, Summer-
lin, Thompson, Trammell, Turnbull, Usina, Vann, Vaughn,
Whitehurst, Whitner, Wilson, Young-66.
A quorum present.
Prayer by Rev. W. M. Poage, Chaplain.
Mr. Bogue of Duval offered the following resolution:
That the Committee on Railroads and Telegraphs be au-
thorized to employ a clerk.
Mr. Johns of Bradford offered the following amendment:
"c4 Provided it is actually necessary;"
Which was not agreed to;
So, on motion, the resolution of Mr. Bogue of Duval was
adopted.
Mr. Trammell, of Polk, offered the following resolution:
Resolved, That the Committee on Finance and Taxation be
authorized to employ a clerk;
Which was read and adopted.
By Mr. Stapler of Hamilton-
That the Committee on Privileges and .Elections be em-
powered to employ necessary clerical aid;
Which was laid upon the table.
By Mr. Clark, of Polk:
That Hon J. M. Barrs, of Duval county, be invited to a seat
within the bar during his stay in the city;
Which was read and adopted.
Upon the call of the roll of counties the following bills were
introduced:
By Mr. Dimick, of Dade :
House Bill No. 52:
Entitled an act to legalize the location of the county seat of
Dade county, Fla.:
Which, upon its first reading ,was referred to the Committee
on City and County Organization.
By Mr. Hicks, of Franklin:
House Bill No. 53:
Entitled an act requiring the Supreme Court to examine
the whole record on appeal, etc.;
Which, upon its first reading, was referred to the Committee
on Judiciary.
Also,
House Bill No. 54:
A bill to permit the amendment of the affidavit and bond in
attachment cases;
Which was read first time and referred to the Committee
on Judiciary.

80

Also,
House Bill No. 55:
Authorizing the sale on execution of the shares in any cor-
poration, etc.;
Which was read first time, and referred to the Committee on
Judiciary.
The following message was received from the Senate:
SENATE CHAMBER,
TALLAHASSEE, FLA., April 9, 1891. )
HoN. J. L. GASKINS,
Speaker of the House of Representatives.
SIR-I am directed by the Senate to inform the House of
Representatives that the Senate has concurred in House
concurrent resolution relative to appointing a joint committee
to examine the offices of the Comptroller and Treasurer, and
have appointed as such committee on the part of the Senate
Messrs. Thomas and McKinne;
Also,
Has concurred in House Concurrent Resolution to appoint
a joint committee to examine the office of Commissioner of
Agriculture, and have appointed as such committee on the part
of the Senate Messrs. Rogers and Bryant.
Very Respectfully,
ar C. A. FINLEY,
Secretary of the Senate.
Which was read.
By Mr. Wilson, of Lake:
House Bill No. 56:
To be entitled an act to prescribe the fees of abstractor
and to require the same to give bond;
Which was read the first time and referred to the Judiciary
Committee.
The Speaker announced the appointment of special com-
mittees :
To examine the books and papers of the Commissioner of
Agriculture:
Messrs. Hollinger, of Leon; Baltzell, of Nassau; Burford,
of Marion.
To examine offices of the Comptroller and Treasurer;
Messrs. Baltzell, of Nassau; Hollinger, of Leon; Stapler, of
Hamilton.

The following message was received from the Senate:

SENATE CHAMBER,
TALLAHASSEE, FLA., April 10, 1891.
HON. J. L. GASKINS,
Speaker of the House of Representatives:
SIR-I am directed by the Senate to inform the House of
Representatives that the Senate has passed Senate concur-
rent resolution relative to appointment of a joint committee
to visit and examine into the condition of the State prison
and several convict camps, and respectfully ask the concur-
rence of the House of Representatives therein;
Very Respectfully,
C. A. FINLEY,
Secretary of the Senate.

Which was read and the Senate resolution placed among
the orders of the day.
By Mr. Shine, of Orange:
House Bill No. 61:
To be entitled an act to amend an act entitled an act to
allow married women to testify in all civil cases where their
husbands are parties and are not disqualified;
Which was read and referred to the Commitee on Judi-
ciary.
By Mr. Shine, of Orange:
House Bill No. 62:
To be entitled an act to amend section 1 of an act entitled
an act to provide for the punishment of crime and proceed-
ings in criminal cases;
Which was read and referred to the Committee on Judi-

ciary.
By Mr. Shine, of Orange:
House Bill No. 63:
To be entitled an act for the protection of persons mort-
gaging real estate or personal property;
Which was read first time and referred to the Committee
on Judiciary.
By Mr. Blitch of Levy:
House Bill No. 57 :
Entitled an act, amendment to the Constitution, numbered
article 2, section 9 of article 12;
Which was read first time and referred to the Committee
on Constitutional Amendments.
6h

.'

82

By Mr. Vann of Madison:
House Bill No. 58:
A bill entitled an act to provide for the equalization of as-
sessment of taxes, and to prevent unjust discrimination in the
levying and collection of revenue in this State and to appoint
State tax equalizers and to prescribe their powers and duties;
Which was read the first time and referred to the Com-
mittee on Finance and Taxation.
By Mr. Blitch of Marion:
House Bill No. 59:
To be entitled an act to define the qualifications of jurors,
to regulate challenges in criminal cases and to provide for
rendering verdicts in and of the degrees of homicide;
Which was read. first time and referred to the Committee
on Judiciary.
Also,
House Bill No. 60:
A bill to be entitled an act regulating sentences in criminal
cases;
Which was read first time and referred to the Committee
on Judiciary.
By Mr. Clark, of Polk:
House Bill No. 64:
To be entitled an act to regulate the continuance of crim-
inal cases by the prosecutor; "
Whch was read first time and referred to the Committee on
Judiciary.
ByMr. Clark, of Polk:
House Bill No. 65:
To be entitled an act to provide for more speedy trial of
criminal cases;
Which was read first time and referred to the Committee
Judiciary.
By Mr. Clark, of Polk:
House Bill No. 66 :
To be entitled an act to fix and define the qualifications of
county judges in those counties in the State of Florida
wherein county courts are established;
Which was read first time and referred to the Committee on
Judiciary.
By Mr. Clark, of Polk:
House Bill No. 67:
To be entitled an act to prescribe a form for warrants,
deeds of conveyance to land;

83

Which was read first time and referred to the Committee on
Judiciary.
Mr. Blitch, of Levy, made the following report from the
Committee on Appropriations:

HOUSE OF REPRESENTATIVES,
TALLAHASSEE, FLA., April 10, 1891.f
Hon. J. L. GASKINS,
Speaker of the 1House of Representatives :
SIR-Your Committee on Appropriations to whom was
referred
House Bill No. 26,
To be entitled an act to supply deficiencies in the appro-
priations for the years 1889 and 1890,
Having the same under consideration, respectfully report
the same to the House and recommend that the bill do pass.
Very Respectfully,
N. A. BLTCH,
Committee.
Which was read and the bill placed among the orders of
the day.

ORDERS OF THE DAY.

House Bill No. 26:
To be entitled an act to supply deficiencies in the appropri-
ations for the years 1889 and 1890;
Was read the second time asd ordered to be engrossed for
a third reading.
Senate Concurrent Resolution for the appointment of a
joint committee to visit, examine and report upon the condi-
tion of the State Prison and the several convict camps)
Was read the second time and laid over under the rules
until to-morrow.
By Mr. Jenkins, of Taylor:
House Bill No. 68:
To be entitled an act to amend sections 1 and 5 of an act
entitled an act to provide for the payment of a capitation, or
poll tax, as a prerequisite for voting, and prescribing the du-
ties of tax collectors and supervisors of registration in rela-
tion thereto;
Which was read first time and referred to the Committee
on Finance and Taxation.

84

Also,
House Bill No. 69:
To be entitled an act to repeal an act entitled an act to pro-
vide for placing and keeping in condition the public roads
and bridges, and the laying out and constructing of the same,
and the raising of revenue for that purpose;
Which was read first time and referred to the Committee
on Roads ana Highways.
Mr. Shine moved that the vote on yesterday on the resolu-
tion offered by Mr. Robertson, which was as follows: That
a committee of three from the House and two from the Sen-
ate be appointed to examine the books, papers, etc., of the
Bureau of Immration be reconsidered.
Mr. Stapler moved to lay the amendment on the table;
Which was agreed to.
Mr. Blitch, of Marion, moved to strike out all that portion
of the resolution relating to clerical force;
Upon which the yeas and nays being called for, thA vote
was:
Yeas-Messrs. Atkinson, Bates, Berry, Bethel, Beville,
Bogue, Buford, Canty, Carleton, Clark, Coulter, Dimick,
Dougherty, Goode, Haddock, Hicks, Hocker, Hollinger,
Johns, King, Langford, Mann of Baker, Mann of Hernando,
McCaskill, McRae, McSwain, Monroe, Morgan, Morris, Newlan,
Overstreet, Pittman, Richbourg, Robertson, Saulsbury, Shine,
Sparkman, Stapler, Thompson, Trammell, Turnbull, Usina,
Vaughn, Whitehurst, Whitner and Wilson-46.
Nays-Messrs. Baker, Blitch of Marion, Blitch of Levy,
Burford, Carter, Carson, Dykes, High, Lavender, Mays, Par-
ker, Peacock, Priest, Rye, Summerlin, Vann and Young-18.
So the motion was lost.
Mr. Robertson moved that the resolution be adopted, upon
which motion the yeas and nays being called,
: The vote was :
Yeas-Messrs.Atkinson, Baker, Baltzell, Bates, Berry,Bethel,
Beville, Blitch of Levy, Bogue, Brown. Buford,
Burford, Canty, Carleton, Carter, Carson, Clark,
Coulter, Dimick, Dykes, Goode, Haddock, Hicks, High, Hock-
er, Hollinger, Johns, King, Langford, Lavender, Mann of
Baker, M4ann of Hernando, Mays, McCaskill, McRae, Mc-
Swain, Monroe, Morgan, Morris, Newlan, Overstreet, Parker,
Peacock, Pittman, Richbourg, Robertson, Saulsbury, Shine,
Sparkman, Stapler, Summerlin, Thompson, Trammell, Turn-
bull, UVina, Vaughn, Whitehurst, Whitner, Wilson and
Young-60.

85

Nays-Messrs. Blitch of Marion, Priest, Rye, Vann-4.
So the resolution was adopted.
On motion of Mr. Dougherty, the House resolved itself into
a committee of the whole, to take into consideration the
governor'ss Message and accompanying documents;
Which was agreed to, and the House resolved itself into a
committee of the whole, Mr. Dougherty in the chair.
After some time spent therein the committee arose and by
its chairman reported progress;
Which report was adopted.
Mr. Mann, of Hernando, offered joint resolution pro-
viding for the adjournment of this Legislature sine die on the
forty-fifth day of this session;
Which was read and laid over under the rules until to-
morrow.
Mr. Hicks moved that the Hon. J. E. Yonge, of Pensacola,
ah invited to a seat within the bar during his stay in the city;
Which was agreed to.
Mr. Burford moved that Mr. C. B. Collins and J. O. Clark be
invited to seats on the floor;
Which was agreed to.
Upon motion of Mr. Dougherty the House took a recess till
3 o'clock P. M.

THREE O'CLOCK P. M.

The House of Representatives met pursuant to adjqurn-
ment.
The Speaker in the Chair.
The roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Atkinson, Baker, Baltzell, Bates, Berry,
Bethel, Beville, Blitch of Marion, Blitch of Levy, Bogue,
Brown, Buford, Burford, Canty, Carleton, Carter, Carson,
Clark, Coulter, Dimick, Dougherty, Dykes, Goode, Haddock,
Hicks, High, Hocker, Hollinger, Hutchinson, Jenkins, Johns,
King, Langford, Lavender, Mann of Baker, Mann of Her-
nando, Mays, McCaskill, McRae, McSwain, Monroe, Morgan,
Morris, Newlan, Overstreet, Parker, Peacock, Pittman, Priest,
Richbourg, Robinson, Rye, Saulsbury, Shine, Sparkman, Sta-
pler, Summerlin, Thompson, Trammell, Turnbull, Usina,
I

86

Vann, Vaughn, Whitehurst, Whitner, Wilson and Young
-68.
A quorum present.
Mr. Brown, of Columbia, introduced the following resolu-
tion :
WHEREAS, There is much complaint made by some mem-
bers of this body that they cannot obtain Journals of the
House sufficient for their use; therefore, be it
Resolved, That the Sergeant-at-Arms be and he is hereby
instructed to place two copies of the daily Journal of the
proceedings of this body upon the desk of each member, and
to retain in his possession the remaining copies after said dis-
tribution to the members and the furnishing of the required
number daily to the Senate, and to only give them out upon
written requisition of members;
Which was read and adopted.
Upon a call of counties the following bills were offered:
By Mr. Atkinson, of Brevard:
House Bill No. 70:
To be entitled an act to amend Chapter 3624 of the Laws
of Florida, entitled an act to make the stealing of certain
domestic animals therein mentioned a felony, and to provide
for the punishment thereof;
Which was read and referred to the Committee on Judi-
ciary.
By Mr. Bogue, of Duval:
House Bill No. 71:
To be entitled an act to protect manufacturers, bottlers and
dealers in ginger ale, seltzer water, soda water, mineral water
Sand other beverages from the loss of their bottles and boxes;
Which was read first time and referred to the Committee
on Judiciary.
By Mr. Usina of St. Johns:
House Bill No. 72:
To be entitled an act for the protection of game in this
State;
Which was read first time and referred to the Committee
on Agriculture.
Mr. Mays moved that the House have only a forenoon
session a day for the present;
Which was agreed to.
Mr. Richbourg offered the following:
Resolved, That H. K. Coleson, of Santa Rosa County, be
invited to a seat within the bar of the House during his stay
in this city;

87

Which was adopted.
Mr. Atkinson, of Brevard, offered the following joint reso
lution:
Be it Resolved by the House of -Representatives, the Senate
concurring, That the commissioners appointed by the Gover-
nor to revise, simplify, arrange and consolidate all the public
statutes of England and of the Territory and the State of
Florida now in force in this State, under Chapter 3905 Laws
of Florida, be requested to lay a printed copy of of the public
acts so revised before the Legislature in accordance with the
provisions of said act;
Which was read the second time and put upon its passage.
The roll being called the vote was:
Yeas-Messrs. Atkinson, Bates, Berry, Bethel, Beville,
Blitch of Marion, Blitch of Levy, Bogue, Brown, Buford, Bur-
ford, Canty, Carson, Crark, Coulter, Dimick, Dougherty,
Hicks, High, Hocker, Hollinger, Hutchinson, Jenkins, Johns,
King, Langford, Lavender, Mann of Baker, Mays, McRae,
McSwain, Monroe, Morgan, Morris, Newlan, Overstreet,
Parker, Peacock, Pittman Priest, Richbourg, Robertson, Rye,
Saulsbury, Sparkman, Stapler, Summerlin, Thompson, Tram-
mel, Turnbull, Usina, Vann, Vaughn, Whitehurst, Whitner,
Wilson and Young-57.
Nays-None.
So the resolution was adopted 'and ordered to be certified to
the Senate.
Concurrent resolution to appoint joint committee to visit
the Dead and Dumb Asylum at St. Augustine and report
thereon;
Was read the second time and upon the roll being called the
vote was:
Yeas-Messrs. Atkinson Baltzell, Bates, Berry, Bethel,
Beville, Blitch of Marion, Blitch of Levy, Bogue, Brown,
Burford, Canty, Carleton, Carson, Clark, Coulter, Dimick,
Dougherty, Dykes, Goode, High, Hocker, Hollinger, Hutchiim-
son, Johns, King, Langford, Lavender, Mann of Baker, MayaB
McCaskill, McRae, McSwain, Monroe, Morgan, Newlan,
Parker, Peacock, Pittman, Priest, Richbourg, Robinsbn, Rye,
Saulsbury, Shine, Sparkman, Stapler, Summerlin, Thompson,
Trammell, Turnbull, Usina, Vann, Vaughn, Whitehurbt,
Whitner, Wilson, Young-57.
Nays-None.
So the resolution was adopted
Ordered that the same certified to the Senate.

88

Concurrent resolution relative to the appointment of a joint
committee to visit the State Insane Asylum,
Was read the second time,and upon the roll being called, the
vote was:
Yeas-Messrs. Atkinson, Baltzell, Bates, Berry, Bethel,
Beville, Blitch of Levy, Burford, Canty, Carson, Coulter, Dim-
ick, Dykes, Goode, Hicks, High, Hocker, Langford, Mann, of
Hernando, Mays, McCaskill, Monroe, Newlan, Overstreet,
Peacock, Richbourg, Saulsbury, Stapler, Thompson, Usina
and Wilson-31.
Nays-Messrs. Blitch of Marion, Bogue, Carleton, Clark,
Hutchinson, Johns, Lavender, Mann of Baker, McRae, Morgan,
Morris, Parker, Pittman, Priest, Robertson, Rye, Sparkman,
Summerlin, Trammell, Turnbull, Vann, Whitehurst, Whitner
and Young-25.
So the resolution was adopted.
Mr. Burford gave notice of a motion to reconsider on to-
morrow.
Mr. Clark, chairman of the Judiciary Committee, made the
following report:

HOUSE OF REPRESENTATIVES,
TALLAHASSEE, FLA., April 10, 1891.
HoN. J. L. GASKINS,
Speaker of the House of Representatives:
SIR-Your Committee on Judiciary, to whom was referred-
Joint Resolution No. 6:
Entitled joint resolution accepting the appropriation and
trusts of the act of Congress entitled an act to credit and pay
to the several States and Territories and the District of Co-
lumbia all moneys collected under the direct tax levied by the
act of Congress approved August 5, 1861, in full satisfaction
of the claim of the State of Florida therefore, and to authorize
the Governor to pay claimants under said act,
Beg leave to report that they have had the same under con-
sideration, and recommend that it do pass.
Very respectfully,
FRANK CLARK,
Chairman of Committee.

Which was read, and the resolution placed among the or-
ders of the day.
Mr. Mann, of Hernando, offered concurrent resolution rela-
tive to Indian war claims;

89

Which was read first time and laid over under the rules
until to-morrow;
By Mr. High, of Suwannee:
Resolution to accord Mr. Joseph S. White a seat within the
bar of the House during his stay in the city;
Which was adopted.
The following bills were introduced by Mr. Hicks, of
Franklin:
House Bill No. 72 :
A bill establishing the boundaries of the county of Frank-
liin :
Which was read first time and referred to the Committee
on City and County Organization.
Also,
House Bill No. 73:
Entitled an act fixing the times for holding courts for the'
"Second Judicial Circuit of Florida;
Which was read first time and referred to the Committee
on Judiciary.
On motion of Mr. Priest Judge J. F. Greer, of Green Cove
Springs, was invited to a seat within the bar of the House.
On motion of Mr. Hicks the House adjourned until to
morrow morning.

S/
----0-----

SATURDAY, April 11, 1891.
The House of Representatives met pursuant to adjourn-
ment.
The Speaker in the chair.
Tbe roll being called, the following members answered to
their names:
Mr. Speaker, Messrs. Atkinson, Bates, Berry, Beville,
Blitch of Marion, Blitch of Levy, Bogue, Brown, Buford,
Burford, Canty, Carleton, Carter, Carson, Clark, Coulter,.
Dimick, Dykes, Goode, Haddock, Hicks, High, Hocker, Hutch- .
inson, Jenkins, Johns, King, Langford, Lavender, Mann of
Baker, Mays, McCaskill, McRae, McSwain, Monroe, Morgan,
Morris, Newlan, Overstreet, Parker, Peacock, Pittman, Priest,
Riehbourg, Rye, Saulsbury, Shine, Sparkman, Stapler, Sum-

a

90

merlin, Thompson, Trammell, Turnbull, Usina, Vann, Vaughn,
Whitehurst, Whitner, Wilson and Young-60.
A quorum present.
Prayer by the Chaplain.
Mr. Saulsbury offered a concurrent resolution relative to
fisheries;
Which was read the first time and laid over under the rules.
The following bills were offered on call of counties:
Mr. Priest introduced-
House Bill No. 75:
To be an act to legalize the incorporation of the town of
Orange Park;
Which was read the first time and referred to the Commit-
tee on City and County Organization.
Also,
House Bill No. 76:
To be entitled an act to organize county courts in all the
counties of the State of Florida, except such counties where
criminal courts now or may hereafter exist, prescribing their
jurisdiction and power, and for the compensation of the judges
of said courts;
Which was read the first time and referred to the Committee
on Judiciary.
Mr. Parker, of DeSoto, introduced-
House Bill No. 77:
To be entitled an act to require abstractors to pay a license
tax;
Which was read the first time and referred to the Committee
on finance and Taxation.
Mr. Berry, of Escambia, introduced-
House Bill No. 78:
STo be entitled an act to regulate the manner of assessing
taxes on real property and the improvements thereon;
.Which was read the first time and referred to the Commit-
tee on Judiciary.
Mr. Morgan, of Hamilton, introduced -
House Bill No. 79:
To be entitled an act to amend Sections 16 and 17 of an act
entitled an act to provide for the registration of legally quali-
fied voters in the several counties of this State and to provide
for elections generally and the returns of elections, Chapter
3879 Laws of Florida, approved June 4, 1889;
"Which was read first ,time and referred to the Commit-
tee on Judiciary.

91

Mr. Wilson introduced-
House Bill No. 80:
Empowering county judges to investigate cases of alleged
lunacy or insanity;
Which was read first time and referred to the Committee on
Judiciary.
Mr. Blitch, of Levy, introduced-
House Bill No. 81:
Entitled an act to prohibit the leaving open pits and holes
outside of enclosures.
Which was read first time and referred to the Committee on
Agriculture.
Mr. Richbourg introduced-
House Bill No. 82:
To be entitled an act to provide for the collections of
damages against any raidroads or common carrier for delayed.
freight;
Which was read first time and referred to the Committee on
Finance and Taxation.
Mr. Trammell, Chairman of the Committee on Finance and
Taxation, made the following report:
HoUSE OF REPRESENTATIVES,
TALLAHASSEE, FLA., April 11, 1891.
HON. J. L. GASKINS,
Speaker of the House of -Representatives:
SIa--Your Committee on Finance and Taxation, to whom
was referred-
House Bill No. 43:
A bill to be entitled an act to amend section 3, of an act
entitled an act to amend sections 9, 18, 22, 30, 85, 62 and 63 of
an act entitled an act for the assessment and collection of reve-
nue, approved June 13, 1887, Chapter 3681 Laws of Florida,
approved June 3, 1889, Chapter 3847 Laws of Florida,
Beg leave to report that they have duly considered the same
and recommend that it do not pass.
Very respectfully,
J. W. TRAMMELL,
Chairman of Committee.
Also, the following:

92

HOUSE OF REPRESENTATIVES,
TALLAHASSEE, FLA., April 11, 1891.
HON. J. L. GASKINS,
Speaker of the House of Representatives:
Sm-Your Committee on Finance and Taxation, to whom
was .referred-
House Bill No. 68:
A bill to be entitled an act to amend sections one (1) and five
(5) of an act to provide for the payment of a capitation or poll
tax as a prerequisite for voting, and prescribing the duties of
tax collectors and supervisors of registration in relation
thereto,
. Beg leave to report that they have duly considered the
same, and recommend that it do not pass.
Very respectfully,
JOHN W. TRAMMELL,
Chairman of Committee.
Also, the following:
HOUSE OF REPRESENTATIVES,
TALLAHASSEE, FLA., April 11,
HON. J. L. GASKINS,
Speaker of the House of Representatives:
SIR--Your Committee on Finance and Taxation, to whom
was referred-
House Bill No. 10:
A bill to be entitled an act to empower the Governor, Treas-
urer and Camptroller to borrow money for State purposes,
'Having duly considered the same, beg leave to report the
same and recommend that it do pass, with the accompanying
amendment.
Which were read, and the bills were placed among the or-
ders of the day.
Very respectfully,
JOHN W. TRAMMELL,
Chairman of Committee.
The following message was received from the Senate:

93

SINATE CHA mBE,
TALLAHASSEE, Fla., April 10, 1891. "
HON. J. L. GASKINS,
Speaker of the House of epresentatives:
SIR-I am directed by the Senate to inform the House of
Representatives that the Senate has adopted
Senate Concurrent Resolution No. 3:
Relative to the appointment of a Joint Committee to visit
the Deaf and Blind Institute in St. Augustine,
And respectfully ask the concurrence of the House of Rep-
resentatives therein.
Very respectfully,
C. AFIxwn Y,
Secretary of the Senate.
Which was read and the resolution placed among the or-
ders of the day.
Also, the followip g :
SENATE CHAMBER, )
TALLAHASSEE, FLA, April 11, 1891.
Hox. J. L. GASKINS,
Speaker of the House of Representatives:
SIR-I am directed by the Senate to inform the House of
Representatives that the Senate has passed-
Senate Bill No. 11:
To be entitled an act to supply deficiencies in the appropria-
tions for the years 1889 and 1890.
Also,
Senate Joint Resolution No. 5:
Entitled a Senate Joint Resolution accepting the appro-
priation and trusts of the acts of Congress entitled an act to
credit and pay to the several States and Territories, and the
District of Columbia, all moneys collected under the direct tax
levied by the act of Congress, approved August 5, 1861, in-
full satisfaction of the claims of the State of Florida, and to.
authorize the Governor to pay claimants under said act;
And respectfully ask the House of Representatives to agree.
thereto.
Very respectfully,
C. A. FINLEY,
Secretary of the Senate.

94

Which was read and the Senate Bill No. 11 and the reso-
lution placed among the orders of the day.
Mr. Clark, of Polk, offered a resolution:
Resolved, That when any bill is reported to this House,
either favorably or unfavorably, one hundred copies of the
anme shall be immediately printed for the use of members,
Mr. Tramnuell, of Polk, offered the following amendment:
Amend resolution by inserting next after the word "bills"
the words "of general importance."
Mr. Hocker offered the following substitute to the whole
matter:
Be it Resolved, That when the chairman of any committee
shall bring in an adverse report upon any bill or resolution
which may be referred to him, he shall state lucidly and briefly
the reason for the adverse report.
Mr. Robertson offered the following amendment to the
substitute:
That when a bill is reported adversely by the committee it
shall not be printed except by motion of the member intro-
ducing said bill, concurred in by a majority of the House;
Which was lost.
Mr. Hutchinson moved the adoption of the substitute upon
the whole subject and moved the previous question.
The previous question was ordered.
Mr. Clark called for the yeas and nays.
The roll being called the vote was.
Yeas--Messrs. Berry, Carter, Dougherty, Hocker, McRae,
Rye, Shine, Sparkman, Summerlin, Vann, Whitehurst, Wilson,
Young-13.
Nays--Meosrs. Baltzell, Bates, Beville, Bltch of Marion,
Blitch of Levy, Bogue, Buford, Burford, Canty, Carleton, Car-
son, Clark, Coulter, Dimick, Dykes, Goode, Hicks, High,
Hutchinson, Jenkins, Johns, King, Langford, Lavender, Mann
of Baker, Mays, McCaskill, McSwain, Monroe, Morgan, Morris,
"Newlan, Overstreet Parker, Peacock, Pittman, Priest, Rich-
bourg, Robertson, Saulsbury, Stapler, Thompson, Trammell,
and Whitner-44.
So the substitute was lost.
Mr. Hocker moved the adoption of the amendment;
Upon which the yeas and nays were called.
The roll being called, the vote was:
Messrs. Baltzell, Bates, Berry, Blitch of Marion, Blitch of
Levy, Bogue, Brown, Burford, Canty, Carleton, Carter, Car-
son, Clark, Coulter, Dykes, Goode, Hicks, High, Hocker,

95

Hutchinson, Jenkinl, Johns, King, Lavender, Mann of Baker,
Mays, McCaskill, McRae, McSwain, Monroe, Morgan, Newlan,
:Overstreet, Parker, Peacock, Pittman, Priest, Richbourg,
Rye, Shine, Stapler, Summerlin, Thompson, Trammell, Turn-
bull, Vann, Whitehurst, Whitner, Wilson and Young-50.
Nays-Messrs. Beville, Buford, Dimick, Robertson, Sauls-
bury and Sparkman-6.
The amendment was adopted.
Mr. Wilson, moved the adoption of the original resolu-
-tion as amended.
The yeas and nays being called for, the vote was:
Yeas-Messrs. Bates, Berry, Beville, Blitch of Levy,
Bogue, Brown, Buford, Canty, Carleton, Carson, Clark, Coul-
ter, Dimick, Dykes, Goode, Hicks, High, Hutchinson, Jenkins,
Johns, King, Langford, Lavender, Mann of Baker, McRae,
Monroe, Morgan, Overstreet, Parker, Peacock, Pittman, Rich-
bourg, Robertson, Rye, Summerlin, Shine, Thompson, Tram-
mell and Whitner-39.
Nays-Messrs. Baltzell, Blitch of Marion, Burford, Carter,
Hocker, Mays, Morris, Newlan, Priest, Rye, Sparkman, Sauls-
berry,Stapler, Turnbull, Vann, Whitehurst, Wilson and Young
-18.
Mr. Shine gave notice that he would move to reconsider on
Monday next the vote by which the.resolution was adopted.
On motion of Mr. Shine, Judge C.'G. Butt of Orange was
invited to a seat within the bar.
Mr. Hutchinson, Chairman of the Committee on Printing,
made the following report:
HOUSE OF REPRESENTATIVES,
TALLAHASSEE, FLA, April 11, 1891.
Hon. J. L. Gaskin8, Speaker of the House of Representa.,
tives:
SIR-Your Committee on Public Printing beg leave to re-
port as follows:
That they have ascertained that the Board of State Institu-
tions has entered into a contract with the Times-Union Pub-
lishing Company for Legislative Printing, which said contract
expires October 1st, 1891, at the following rates:
First 100 copies of daily Journal, 1-15 of a cent per 100
words.
Next 400 oopies, 1-30 of a cent per 100 words.
House and Senate bills each 100 words, per copy: first 100,
: of a cent; each succeeding 100, 1-3.0 of a cent.

96

By calculation we find that the average cost of the House
Journal, 500 copies, will be about *10 per day, and that the
cost of 250 extra copies will be about '5 per day.
Very respectfully,
HENRY HUTCHNISOW,
Chairman Committe.
Which was read.
Mr. Summerlin, Chairman of the Committee on Engrossed
Bills, made the following report:
HousE Or REPRESENTATIVES,
TALLAHASSEE, Fla., April 11, 1891.
HON. J. L. G ASKING,
Speaker of the House of Representatives:
SIR-Your Committee on Engrossed Bills, to whom was re-
ferred
House Bill No. 26 :
A bill to be entitled an act to supply deficiencies in the ap-
propriations for the years 1889 and 1890.
Also,
Concurrent Resolution in relation to investigation of Bureau
of Immigration,
Beg leave to report them properly engrossed.
Very respectfully,
SAML. SUMMERLIN,
Chairman of Committee.

Which was read, and House Bill No. 26 placed among the
orders of the day.
Mr. Clark moved that when the House adjourns to-day it
will stand adjourned until 10 o'clock Monday morning.
- On motion of Mr. Burford, Col. G. W. Wilson was invited
to a seat within the bar.
On motion of Mr. Vann, Maj. W. S. Jordan, of Madison
was invited to a seat within the bar.
By Mr. Shine, of Orange:
A joint resolution for the appointment of a joint standing
Committee on Finance and Taxation,
Was read first time and laid over under the rules.
Senate resolution relative to accepting the appropriation,
and trust of acts of Congress and for other purposes,
Was read first time and laid over until Monday.

97

Mr. Robertson, of Washington, introduced-
House Bill No. 83:
To protect farmers and fruit growers against spurious and'
fraudulent fertilizers;
Which was read the first time and referred to the Com-
mittee on Agriculture.
Resolution relative to Indian War Claims:
Was read a second time and upon the question of its adop-
tion, the roll being called,
The vote was:
Yeas-Messrs. Beville, Blitch of Marion, Blitch of Levy,
Brown, Buford, Burford, Carleton, Carter, Carson, Clark,
Coulter, Dimick, Dougherty, Dykes, High, Hocker, Hutchin-
son, Jenkins, Johns, Langford, Lavender, Mann of Baker,
McCaskill, McRae, McSwain, Monroe, Morgan, Morris, New-
lan Overstreet, Parker, Peacock, Pittman, Priest, Richbourg,
Robertson, Rye, Saulsbury, Shine, Sparkman, Stapler, Sum-
merlin, Thompson, Trammel, Turnbull, Vann, Whitehurst,
Whitner, Wilson and Young-50.
Nays-Mr. Berry-1.
So the resolution was adopted.
Mr. Robertson offered a joint resolution in relation to inter-
nal improvement lands;
Which was read first time and referred to the Committee
on Public Lands.
Mr. Richbourg's concurrent resolution was read second time.
The roll being called upon its adoption, the vote was:
Yeas-None.
Nays-Messrs. Berry, Beville, Blitch of Marion, Blitch of
Levy, Brown, Buford, Burford, Canty, Carleton, Carter, Car-
son, Clark, Coulter, Dimick, Dougherty, Dykes, Goode, Hicks,
High, Hocker, Hutchinson, Jenkins, Johns, Lavender, Mann,
of Baker, McCaskill, McRae, McSwain, Monroe, Morgan, Mor-
ris, Newlan, Overstreet, Parker, Peacock, Pittman, Priest, Rich-
bourg, Robertson, Rye, Saulsbury, Sparkman, Stapler, Summer-
lin, Thompson, Turnbull, Vann, Whitehurst, Whitner, Wilson
and Young-49.
So the resolution was not adopted.
Mr. Bogue offered the following resolution:
Resolved, That the Sergeant-at-Arms of the House be au-
thorized to furnish one copy of McClellan's Digest of the
7h

98

Laws of Florida for the use of the Committee on Railroads
and Telegraphs;
Which was read and adopted.
Mr. Wilson offered the following resolution:
Resolved, That the Standing Committee on Rules be re-
quested to report on next Monday, whether any alterations or
additions are necessary to be made to rules already adopted,
and, if so, what alterations or additions;
Which was adopted.
On motion of Mr. Clark, the House adjourned until Monday
at 10 o'clock A. M.

------o-------
0-

MONDAY, April 13, 1891.
The House of Representatives met pursuant to adjourn-
ment.
The Speaker in the chair.
The roll being called the following members answered to
their names:
Mr. Speaker, Messrs. Atkinson, Baker, Baltzell, Bates, Berry,
Beville, Blitch of Levy, Bogue, Brown, Buford, Canty, Carle-
ton, Carter, Carson, Clark,Coulter, Dimick, Dougherty, Dykes,
Goode, Haddock, Hicks, High, Hocker, Hollinger, Hutchinson,
Jenkins, Johns, King, Langford, Lavender, Mann of Hernando,
Mays, McCaskill, McRae, McSwain, Monroe, Morgan, Morris,
Newlan, Overstreet, Parker, Peacock, Pittman, Priest, Rich-
bourg, Robertson, Rye, Saulsbury, Shine, Sparkman, Stapler,
Summerlin, Thompson, Turnbull, Usina, Vann, Vaughn,
Whitehurst, Whitner, Wilson and Young-63.
A quorum present.
Prayer by the Chaplain.
The Journal was corrected and approved.
Mr. Dougherty moved that the Chief Clerk be excused for
to-day and that the Assistant Clerk employ additional clerica-
help, on account of sickness in the family of the Chief Clerk.
Which was agreed to.
Mr. Blitch, of Levy, moved that Mr. Blitch, of Marion, be
excused on account of sickness;
Which was agreed to.
Mr. Carleton moved that the courtesies of the House be ex-

99

tended to Messrs. Wolf, O'Neal and Ogelvie, of Nassau
county, during their stay in the city;
Which was agreed to.
Mr. Whitner moved that the courtesies of the floor be ex-
tended to Mr. L. C. Massey;
Which was agreed to.
Mr. Priest moved that Mr. S. T. Handford, of Green Cove
Springs, be admitted into the bar of the House during his
stay in the city;
Which was agreed to.
Mr. Vaughn moved that the courtesies of the House be ex-
tended to Dr. T. A. LaFar during his stay in the city;
Which was agreed to.
Mr. Stapler introduced a joint memorial asking that a mail
route be established from Melvin, Hamilton County, Florida,
to Ellaville, Madison County, Florida, a distance of thirteen
miles;
Which was read by its title and referred to the Committee
on Post Routes.
By Mr. Richbourg, of Santa Rosa:
Concurrent. resolution relating to the appointment of a
committee to visit the State Insane Asylum,
Being read first time, it was ordered to be laid over under
the rules.
By Mr. Carter of Alachua (by request),
House Bill No. 84:
A bill to be entitled an act to incorporate the Florida
Museum of Natural and Political History;
Which was read first time and referred to the Committee
on City and County Organization.
By Mr. Dimick, of Dade:
House Bill No. 85:
A bill to be entitled an act to authorize the county com-
missioners of the county of Dade to make a new division of
said county into County Commissioner's districts;
Which was read first time and referred to the Committee
on City and County Organization.
By Mr. Brown, of Columbia:
House Bill No. 86:
A bill to be entitled an act to declare the Santa Fe river
navigable, and to fix a penalty for obstructing the same;
Which was read first time and referred to the Committee on
Commerce and Navigation.
By Mr. Vaughn, of Escambia:

100

House Bill No. 87:
A bill to be entitled an act limiting the amount of fine and
imprisonment which it shall be lawful for any municipal or re-
corder's court in this State to impose upon a person convicted
before such court of any offense;
Which was read first time and referred to the Committee on.
City and County Organizations.
By Mr. Wilson, of Lake:
House Bill No. 88:
A bill to repeal Chapter 3934, of the Laws of Florida, enti-
tled an act to establish a criminal court of record in the county
of Lake, approved May 11, 1889, and for other purposes there-
in stated;
Which was read first time and referred to the Committee
on Judiciary.
Mr. Turnbull introduced-
House Bill No. 89:
A bill to be entitled an act relating to jurors;
Which was read first time and referred to the Committee on
Judiciary.
Mr. Blitch introduced-
House Bill No. 90 :
A bill to be entitled an act to fix the legal rate of interest in
the State of Florida, to define usury and to provide for for-
feitures on usurious contracts.
Mr. Thompson itroduced-
House Bill No. 91:
A bill to be entitled an act to establish a criminal court of
record in the county of Monroe;
Which was read first time and referred to the Committee on
City and County Organization.
Mr. Baltzell introduced-
House Bill No. 92:
1 An act to repeal an act entitled an act to regulate the sale
of liquors, wines and beer in the State of Florida, by the
board of county commissioners of the several counties, the
same being Chapter 3416, Laws of Florida, Acts of 1883;
Which was read first time and referred to the Committee
on Finance and Taxation.
Mr. Clark introduced-
House Bill No. 93:
A bill to be entitled an act requiring of all physicians,
dentists and attorneys at law, practicing their professions in
this State, the payment of an annual license tax;

	Title Page
	April 1891
	May 1891
	June 1891
	Appendix

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