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

JOURNAL OF THE PROCEEDINGS.

---OF TIE-

CONSTIITITONAL CE ONVNTION

--OF THE--

STATE OF FLORIDA,

WHICH CONVENED AT TIHE CAPITOL, AT
TALLAHASSEE, ON TUESDAY, .JUNE 9, 1885.

PRESIDENT:
ION. SAMUEL PASCO,
OF JEFFERSON COUNTY.

FIRST VICE-PRESIDENT:
HON. J. E. YONGE,
OF ESCAMBIA COUNTY.

SECOND VICE-PJRESIDENT :
HON. J. T. LESLEY,
OF HILLSBOROUGII COUNTY.

SECRETARY:
SWM. H. REYNOLDS,
OF HAMILTON COUNTY.

TALLAHASSEE, FLAk:
N. M. BOWEN, STATE PRINTER.
1888.

q

PROCEEDINGS

----OF THE-

CONSTITUTIONAL CONVENTION.

FIRST DAY.

TUESDAY, JUNE 9, 1885.
The people of the State of Florida, on this, the 9th of June,
in the year of our Lord Eighteen Hundred and Eighty-five,
through their delegates chosen in pursuance of an act of the
Legislature of the State of Florida, approved February 12,
1885, entitled an act calling a Constitutional Convention,
and providing for electing delegates to the same, assem-
assembled in Convention in the Hall of the Assembly, in the
Capitol of the State, in the city of Tallahassee. and thereupon,
Ex-Gov. L. W. Bethel called the Convention to order.
On motion of Mr. B. F. Oliveros, of St. Johns, Judge A. E.
Maxwell, of Escambia, was elected Temporary Chairman, who,
upon taking the chair, addressed the Convention as follows :
Gentlemen of the Convention:
I thank you for the honor you have done me in placing me
here to preside over your temporary organization. I do not
know that propriety or custom will require of me, or will justify
more than this acknowledgment; but in view of the excep-
tional nature of the position we occupy I will, with your in-
dulgence, venture a few words further. The unusual and exceed-
ing importance of the work before us can be estimated by the
fact that we are the delegates of the people, acting in their

4

sovereign capacity, emphatically delegates, but empowered to
construct for them a system of State Government-a Consti-
tution-that fundamental frame work which defines rights of
persons and property and at the same time provides an organi-
zation by which their rights are to be secured, protected and
defended. I trust we are all fully impressed with the heavy
responsibilities of such a position, and that we will not permit
ourselves to be led away from the discharge of its duties by
any petty personal ambition or by any selfish schemes. The
people who have put their trust in us feel that they have a
guarantee of our good faith in their behalf and of our devotion
to their interest, in the fellowship which ties us to them as
being ourselves a part of the people; and, therefore, entirely
identified with them in the desire and purpose to establish such
government as will relieve them from the evils of the present
system, and ensure to them andl their posterity the blessings of
civil and religious liberty.
What we have to do demands of us not only good faith in
the interest of the people, but alsotoold faith to ourselves in
honest and diligent application of our powers to prepa ring and
presenting for approval a well-considered. well-ordered plan of
government-one which slall be best adapted to the conditions
of society in its varied aspects throughout the State, and at
the same time best adapted to secure and promote the general
welfare of the people of the St:te as a whole.
In this country in our day there is little, if anything, left
for discussion as to the cardinal principles of government.
These are settled. Americans have no further occasion to do
more than adjust those principles to practical working func-
tions.
All are agreed that in the people resides the source of power;
that on them the foundation of government is planted; and
that their voice is the voice of sovereign authority. But it is
also agreed that as all persons aie not wise, nor all good, there
must be restrictions and limitations, checks and balances, by
which unwise and evil dispositions can be controlled. As to
these there are diversities of opinion,and much, probably most,
of our work will be concerned with these. However that may be,
gentlemen, let us go at business in that large, patriotic spirit,
and with that harmony of purpose from which alone can come
the good results contemplated in the calling of this Conven-
tion. But I desist, that we may now proceed to a permanent
organization.
On motion of Mr. J. E. Yonge, of Escambia, Mr. W. H.
Reynolds, of Hamilton, was requested to act as Secretary.
Mr. J. W. Malone, of Gadsden, moved that the Secretary be

5

authorized to appoint an assistant during the temporary
organization;
Which was agreed to, and Col. J. G. Gibbes, of Gadsden, was
appointed such assistant.
Mr. McClellan, of Jackson, moved that a committee of three
be appointed to wait upon Hon. John L. Crawford, Secretary
of State, and obtain from him a certified copy of the names of
the delegates elected to the Convention, which was agreed to,
and Messrs. McClellan, Malone and Wescott were appointed
such committee, who, after a brief absence, reported that the
committee had performed their duty, and presented to the
Convention the following list:
STATE OF FLORIDA,
OFFICE SECRETARY OF STATE,
TALLAHASSEE, June 9, 1885.
The following is a list of delegates elect to the Constitu-
tional Convention by counties and districts:
Alachua-E. C. F. Sanchez, B. J. Earle, R. F. Taylor, J. B.
Johnston and W. N. Sheats.
Baker-John R. Herndon, district, and W. L. Hunter.
Bradford-J. C. Richard, W. T. Weeks and E. L. Odom.
Brevard--Alexander Bell, district, and H. L. Parker.
Calhoun-James B. Stone.
Clay-Lewis Wilson.
Columbia-W. M. Ives, W. R. Bush. Joseph M. Tolbert and
John W. Tompkins.
Dade-James Wood Davidson.
Duval-E. M. Randall, J. C. Greeley, Philip Walter, T.
V. Gibbes and J. R. Challen.
"TEsmbia-A. E. Maxwell, J. E. Yonge, W. A. Blount and
E. Whitmire.
Franklin-W. T. Orman, district, and Henry C. Hicks.
Gadsden-E. C. Love, district, John W. Malone, George I.
Davis and Norman T. Scott.
Hamilton-Thomas N. Bell, J. P. B. Goodbread and Alex-
ander Zipperer.
Hernando-A. S. Mann, John Parsons and J. A. Hendley.
Hillsborough-John T. Lesley, J. P. Wall and S. E. Hope.
Holmes-Wm. F. Green, district, and John Neel.
Jackson-J. F. McClellan, Thomas E. Clarke, W. H. Milton
and J. P. Coker.
Jefferson-Samuel Pasco, Wallace S. Jones, T. L. Clarke,
S. J. Turnbull and R. C. Parkhill.
Lafayette-W. B. Tedder, district, and Paul Hatch.
Liberty-Lewis D. Carson.

6

Leon-D. S. Walker, Jr., district, S. B. Conover, W. B.
Carr J W. itchll and W...Thompson.
Levy-E. J. Lutterloh, J. F. Marshall and S. L. Carter.
Marion-J. D. Goss, H_... C. ndler and H. E. Miller.
Madison-Angus Paterson, B. D. Wadsworth, W HHas-
man, and Theodore Randall.
Manatee-John C. Pelot.
Monroe-L. W. Bethel, Jeremiah Fogarty and PT A-
Monsalvatge.
Nassau-C. W. Lewis, S. Petty and H. C. Baker.
Orange-King Wylly, J. G. Speer and W. B. Randolph.
Polk-C. C. Wilson, district, and J. H. Humphries.
Putnam-W. H. Cook, Irving Gillis and Geo P. Fowler.
Santa Rosa-J. M. Landrum, R. R. Robertson and Hanni-
bal Rowe.
Sumter-W. A. Hocker, H. H. Duncan and W. M. Bennett.
Suwannee-J. P. Morgan, district, M. M. Blackburn and R.
F. Rogers.
St. Johns-F. B. Genovar, John Westcott and B. F. Oli-
veros.
Taylor-Robert Henderson.
Volusia-John D. Broome, district, an I A. L. Wellman.
Wakulla-T. F. Swearingen, district, and Amps Hargret.
Walton-A. L. McCaskill, Daniel Campbell and Obadiah
Edge.
Washington-A.D. McKinnon.
STATE OF FLORIDA,
OFFICE SECRETARY OF STATE.
I, Jno. L. Crawford, Secretary of State, do hereby certify
that the foregoing is a correct transcript of the original now
on file in this office.
Given under my hand and the Great Seal of
the State of Florida, at Tallahassee, the
[L. s.] Capital, this 9th day of June, A. D. 1885.
JNO. L. CRAWFORD,
Secretary of State.
On motion of Mr. McClellan the roll was called by counties,
and the following delegates answered to their names:
Alachua-E. C. F. Sanchez, B. J. Earle, R. F. Taylor, J. B.
Johnston, W. N. Sheats.
Baker-John R. Herndon, W. T. Hunter.
Bradford-J. C. Richard, W. T. Weeks, E. L. Odom.
Brevard-Alexander Bell, H. L. Parker.
Calhouh-James B. Stone.
Clay-Lewis Wilson.

7

Columbia-W. M. Ives, W. R. Bush, Joseph M. Tolbert,
John W. Tompkins.
Dade-James Wood Davidson.
Duval-E. M. Randall, Philip Walter, T. V. Gibbes, J. R.
Challen.
Escambia-A. E. Maxwell, J. E. Yonge, W. A. Blount, E.
Whitmire.
Franklin-W. T. Orman, Henry C. Hicks.
Gadsden-E. C. Love, John W. Malone, George I. Davis,
Norman T. Scott.
Hamilton-Thomas N. Bell, J. P. B. Goodbread, Alexander
Zipperer.
Hernando-John Parsons, J. A. Hendley.
Htllsborough-John T. Lesley, J. P. Wall.
Holmes-William F. Green, John Neal.
Jackson-J. F. McClellan, Thomas E. Clark, W. H. Milton,
J. P. Coker.
Jefferson-Samuel Pasco, Wallace S. Jones, T. L. Clarke,
S. J. Turnbull, R. C. Parkhill.
Lafayette-W. B. Tedder, Paul Hatch.
Liberty-Lewis D. Carson.
Leon-D. S. Walker, Jr., S. B. Conover, W. B. Carr, J. W.
Mitchell, W. F. Thompson.
Levy-E. J. Lutterloh, J. F. Marshall, S. L. Carter.
Marion-H. W. Chandler, J. D. Goss.
Madison-Angus Paterson, B. D. Wadsworth, W. H. Haus-
man, Theodore Randall.
Manatee-John C. Pelot.
Monroe-L. W. Bethel, Jeremiah Fogarty, R. A. Mon-
salvatge.
Nassau-L. Petty, H. C. Baker.
Orange-King Wylly, J. G. Speer, W. B. Randolph.
Polk-C. C. Wilson, J. H. Humphries.
Putnam-W. H. Cook, Irving Gillis, George P. Fowler.
Santa Rosa-J. M. Landrum, R. R. Robertson, Hannibal
Rowe.
Sumter-H. H. Duncan, W. M. Bennett.
Suwannee-J. P. Morgan, M. M. Blackburn, R. F. Rogers.
St. Johns-F. B. Genovar, John Westcott, B. F. Oliveros.
Taylor-Robert Henderson.
Volusia-John D. Broome, A. L. Wellman.
Wakulla-T. F. Swearingen, Amos Hargret.
Walton-A. L. McCaskill, Daniel Campbell, Obadiah Edge.
Washington-A. D. McKinnon.
The temporary chairman announced a quorum present.
Mr. Landrum moved that the delegates present be sworn in.

8

Mr. McClellan moved to lay the motion upon the table;
"Which was agreed to.
Mr. Green moved that a temporary sergeant-at-arms be ap-
pointed;
Which was agreed to, and Mr. J. J. Thompson was appointed
temporary sergeant-at-arms.
The chairman announced that the permanent organization
of the Convention was now in order.
Judge E. C. Love, of Gadsden, nominated lion. Samuel
Pasco, of Jefferson, for permanent President of the Conven-
tion.
Judge E. M. Randall, of Duval, moved that the nomination
be made unanimous;
Which was agreed to.
Dr. S. B. Conover, of Leon, moved that the roll be called in
order to show the vote;
Which was agreed to.
The vote was:
For Pasco-Messrs.Baker, Bell of Brevard and Dade, Bell of
Hamilton, Bennett, Bethel, Blackburn, Blount, Broome, Bush,
Campbell, Carter Carr, Carson, Challen, Chandler, Clark of
Jefferson, Clark of Jackson, Coker, Conover, Cook, Davidson,
Davis, Duncan, Earle, Edge, Fogarty, Fowler, Genovar,
Gibbs, Gillis, Goodbread, Goss, Green, Hargret, Hatch,
Hausman, Hendley, Henderson, Herndon, Hicks Hum-
phries, Ives, Johnston, Jones, Landrum, Lesley, Love,
Lutterloh, Malone, Marshall, Maxwell, Milton, Mitchell,
Montsalvatge, Morgan, McCaskill, McCellan, McKinnon,
Neal. Odom, Oliveros, Orman, Parker, Parkhill, Parsons,
Paterson, Pelot, Petty, Randall of Duval, Randall of Madison,
Randolph, Richard, Robertson, Rogers, Rowe, Sanchez,
Scott, Sheats, Speer, Stone, Swearingen, Taylor, Tedder,
Thompson,Tolbert Tompkins,Turnbull,Wadsworth,Walker, Jr.
Wall, Walter, Weeks, Wellman, Westcott, Whitmire, Wilson
of Polk and Manatee, Wylly, Yonge and Zipperer-102.
The Hon. Samuel Pasco having received all of the votes
present, was declared unanimously elected President of the
Convention.
Judge Randall of Duval, and Col. McClellan of Jackson,
were appointed a committee to escort the President-elect to
the chair, which being done, the President, upon taking the
chair, addressed the Convention as follows:
We have assembled here in obedience to the will of the peo-
ple of Florida, publicly expressed at the ballot-box, for the
purpose of making an entire revision of the Constitution of
this State.

9

The duties which devolve upon us are of such vast import-
ance that a contemplation of them must impress upon each one
a profound sense of responsibility.
For a long time there has been dissatisfaction with our
present fundamental law. This feeling has found expression
in five successive Legislatures, fresh from the people. At the
general election of 1884, which called out more voters than ever
before appeared at the polls in this State, 31,8S4 voted in favor
of this revision, while only 8,473 put themselves on record
against it. Obedient to this expression of the popular will,
and pursuant to the forms and requirements of our organic
law, the Legislature provided for the assembling of this Con-
vention, and the work of revision has been entrusted to this
body of delegates.
The original Constitution of Florida was made at St. Joseph
in 1838 and 1839, a few years before she was admitted into the
Union, by a Convention which included many eminent citizens
whose names adorn the history of our State. With some few
amendments it lasted till 1861, when the Convention which
passed the Ordinance of Secession assembled. This Conven-
tion made some few changes in the Sc. Joseph Constitution to
adapt it to the new relation which the State assumed towards
the Confederate Government, and in its changed form it lasted
till the close of the late war.
In 1865, under the plan of reconstruction inaugurated by
President Johnson, another Convention was held "' to amend,
alter or change the Constitution." But though the work of
this body was in harmony with the President's plan and met
with his approval, it was subsequently overthrown by the ac-
tion of Congress, and the State remained under military con-
trol till 1868, when the present Constitution was formed and
under it Florida resumed her relations with her sister States
in the American Union.
The present is an auspicious time for entering upon the work
of revision. The passions engendered by the late war have
cooled; the Union is firmly restored and permanently
established; the people have become accustomed to
their new political relations; those to whom the right of
suffrage was extended by the reconstruction acts are learning
to discharge the duties of citizenship with judgment and in-
telligence; the importance of educational progress was never
more generally realized; the great work of internal improve-
ment is extending to every portion of the State, and our won-
derful resources are being constantly and industriously devel-
oped.
If our legislation is based upon a liberal policy and shaped

10

by prudent and intelligent action the advancement of our
State will continue, and as her material interests are developed
and strengthened the welfare and happiness of the people will
be increased by her moral and social progress and the encour-
agement of all those elements which make a State truly great
and prosperous. And let us remember that mere partisanship
has no place here and should not prevail in our councils. The
new instrument should be broad enough to cover our entire
population. It should clearly recognize the changes made in
the National Constitution. It should not be framed merely
with a view to political advantage. It should protect all and
secure even to the humblest his political rights and personal
liberty without reference to nationality. But as the political
party by whose action this Convention has been called, and
which is represented here by a majority of our membership,
will, to a certain extent, be held responsible for any mistakes
that may be committed, the members of this party may
properly insist that the new Constitution is framed in accord-
ance with their views of governmental policy.
But all our differences will not be on party lines. Many of
us may find that we have to surrender cherished views and
favorite ideas upon some points. A conclusion can perhaps
be reached only by mutual concessions. The history of the
past teaches such lessons as these. We should be content
with the greatest good for the greatest number if we cannot
get what we believe to be the best for all. It ought to be
borne in mind that our organization has been the result of
years of continuous effort, and that the Convention is an ex-
pensive burden to the State. If our labors fail-if we frame
an instrument that does not satisfy the people, the time and
money embarked in this work will be lost, and for years to
come the public mind will be disturbed by new attempts to
bring about what we came here to do and failed to accomplish.
We must all remember that we are here representing not a
political party, not a single county, not a mere belt or section,
but the entire State, the wants and interests of a whole peo-
ple diversified, and sometimes apparently antagonistic in
different sections, but capable of being wrought into harmony
and unity if we exclude selfishness and are governed by con-
servative and patriotic influences.
A high and solemn trust has been imposed upon us; the
eyes of the people are upon us to see how we discharge it.
Let us act diligently, intelligently, without selfishness, without
partisanship, with a due regard for each other's rights, with a
determination to secure, if possible, a Constitution that will
meet the wants of our beloved State that we and our children

11

after us can live under in peace, freedom, security and pros-
perity.
You have bestowed upon me the highest office in your gift.
I accept it. I appreciate it. In after years I shall reflect with
pleasure and satisfaction upon this proof of your good will and
confidence. Be assured that I will endeavor to discharge my
duties as your President faithfully and impartially, and that I
will exert myself in every way that I can to bring the labors
of the Convention to a favorable and satisfactory conclusion.
The President announced the election of a Secretary to be
in order.
Col. J. F. McClellan, of Jackson, nominated Wm. I Rey-
nolds, of Hamilton, for Secretary.
Mr. H. C. Baker, of Nassau, moved that the nomination be
made unanimous;
Which was agreed to, and Wm. H. Reynolds was declared
duly elected Secretary of the Convention.
Mr. R. F. Taylor, of Alachua, nominated Mr. J. J. Thomp-
son, of Alachua, for segeant-at-arms.
Mr. J. W. Tompkins, of Columbia, moved that the nomina-
tion be made unanimous;
Which was agreed to, and Mr. J. J. Thompson was declared
duly elected sergeant-at-arms of the Convention.
Mr. J. E. Yonge, of Escambia, nominated Mr. G. W. Hin-
sey, of Franklin, for door keeper of the Convention.
Mr. Orman, of Franklin, moved to make the nomination
unanimous ;
Which was agreed to, and Mr. G. W. Hinsey was declared
duly elected door keeper of the Convention.
Dr. Conover moved that the officers elect be sworn in;
Which was agreed to, and Judge A. E. Maxwell adminis-
tered the oath to the following officers to wit:
Mr. W. H. Reynolds, Secretary.
Mr. J. J. Thompson. Seargeant-at-Arms.
Mr. G. W. Hinsey, Doorkeeper.
Hon. J. E. Yonge, of Escambia, offered the following :
Mr. President: I rise at this time to suggest to this Conven-
tion that the people of the State of Florida, through the mem-
bers of this body render a most proper tribute of respect and
sympathy to ourmost worthy Chief Magistrate in this hour
of his great domestic affliction. On Sunday last the hand of
death, though guided by an all wise Providence, was laid
heavily upon his household and bore away a daughter, lovely
and well beloved. Having just arrived at the estate of
womanhood, she was the pride alike of parents and friends.
I know full well, Mr. President, that we can not in this public

12

way fitly touch a subject so tender and so full of a sorrow
sacred at home, yet I desire to move that this Convention, on
behalf of the people of Florida, tender to Governor Perry, and
to his family, a most sincere sympathy in their grief, and as
a further mark of respect, that this Convention do now ad-
journ until to-morrow morning at ten o'clock;
Which was adopted, and the Convention adjourned until 10
o'clock a. m. to-morrow.

SECOND DAY.

WEDNESDAY, JUNE 10, 1885.
The Convention met pursuant to adjournment.
The roll being called the following delegates answered to
their names :
Mr. President, Messrs. Baker, Bell of Brevard and Dade,
Bell of Hamilton, Bennett, Bethel, Blackburn, Blount,
Broome, Bush, Campbell, Carr, Challen, Chandler, Clark of
Jackson, Coker, Corover, Cook, Davidson, Davis, Duncan,
Earle, Edge, Fogarty, Fowler, Genovar, Gibbs, Gillis, Good-
bread, Goss, Green, Hausman, Hendley, Henderson, Hern-
don, Hicks, Hocker, Hope, Humphries, Hunter, Ives, John-
ston, Jones, Landrum, Lesley, Lewis, Love, Lutterloh, Ma-
lone, Marshall. Maxwell, Miller, Milton, Miitchell, Monsal-
vatge, Morgan, McCaskill, McClellan, McKinnon, Neel,
Odom, Oliveros, Orman, Parker, Parkhill, Parsons, Paterson,
Petty, Randall of Duval, Randall of Madison, Randolph,
Richard, Rogers, Rowe, Sanchez, Scott, Sheats, Speer, Stone,
Swearingen, Taylor, Tolbert, Tompkins, Turnbull, Wads-
worth, Walker, Jr., Wall, Walter, Weeks, Wellman, Whit-
mire, Wilson of Clay, Wilson of Polk and Manatee, Wylly,
Yonge and Zipperer-96.
A quorum present.
Prayer by Rev. R. F. Rogers, of Suwannee county.
On motion of Mr. Orman the reading of the Journal was
dispensed with.
The Journal was corrected by inserting after the word pur-
suance, the following:
Of an act of the Legislature of the State of Florida, ap-
proved February 12, 1885, entitled an act calling a Constitu-

13

tional Convention and providing for electing delegates to
same.
Mr. McClellan offered the following :
Resolved, That the standing committees of this Conven-
tion be as follows:
1. A Committee on the Preamble, Declaration and Bill of
Rights.
2. A Committee on the Executive Department.
3. A Committee on the Legislative Department.
4. A Committee on the Judicial Department.
5. A Committee on the Right of Suffrage and Qualification
of Officers.
6. A Committee on Civil Officers and Removal of Officers.
7. A Committee on Impeachment of Oflicers.
8. A Committee on Taxation and Revenne.
9. A Committee on Census and Apportionment ,f Repre-
sentation.
10. A Committee on Education.
11. A Committee on Incorporation.
12. A Committee on Boundaries.
13. A Committee on City, Town and Municipal Corpora-
tions.
14. A Committee on the Seat of Government.
15. A Committee on Homestead and Exemptions.
16. A Committee on Engrossing and Enrollment.
17. A Committee on Printing.
And be it further resolved, That the Committee on the
Judicial Department, the Committee on Taxation and
Revenue, and the Committee on Census and Apportionment,
shall consist of thirteen members each, and that all other
Committees shall consist of seven members, and that all of
said Committees shall be appointed by the President of this
Convention.
Mr. Walker offered the following:
Whereas, This Convention is vested with the power to make
an entire revision of the Constitution of Florida, and such
power of revision, through the wise policy of our institutions,
is without prescribed limit; and this Convention is to look to
the Constitution of the United States and the genius of our
institutions for the limits within which it must act in forming
an organic law; and it is wise at the beginning of our delibera-
tions to prescribe a method of action which will at least have
an influence to guide our counsels in the direction of conserv-
ative action; and it is expedient for the necessary changes in
the Constitution of Florida to be made by amendment thereto;

14

and many doubtful parts of the Constitution, which it may not
be found necessary to change, have been construed by the
Supreme Court; and where there exists a difference in lan-
guage there may arise a difference in construction; therefore
be it
Resolved, 1. That the Coustitution which shall be drafted by
this Convention should accord in style and language with the
existing Constitution, as near as may be consistent with
changes found necessary upon a complete revision of the exist-
ing Constitution.
Resolved, 2. That eighteen committees be appointed by the
President for the purpose of revising the Constitution and
suggesting amendments thereto, and that to one of said com-
mittees be referred the preamble and declaration of rights, and
to each of the other committees be referred a separate article
of the Constitution, and that said committees be directed to
report to this Convention such amendments as shall be by
them respectively agreed upon, and that no other committees
be appointed with duties which shall appertain to the duties
imposed upon the committees to be appointed under this reso-
lution, but that all matters arising relating to the revision of
the Constitution be referred to an appropriate committee
herein provided for.
Mr. Oliveros moved that the reading of the resolution be
laid over until an organization be completed;
Which was not agreed to, and Mr. McCaskill called for the
reading of the resolution.
The resolution offered by Mr. McClellan was then read for
information.
The resolution offered by Mr. Walker was also read for in-
formation.
On motion of Mr. Oliveros, the Convention proceeded to
complete its organization.
Mr. Conover moved that the Convention adopt the rules of
the last General Assembly with exception of Rule 53.
Mr. Marshall offered the following as a substitute:
Resolved, That a committee of nine, of which the President
of the Convention shall be ex officio chairman, be appointed to
consider and report rules for the government of this Conven-
tion, and that until this committee report, the Convention shall
be governed by the rules of the House of Representatives, so far
as the same are applicable, with exception of Rule 53;
Which was read and adopted.
Mr. Taylor, offered the following:
Resolved by the Convention, That the President be author-

15

ized to appoint a stenographer to take down all the proceed-
ings of this Convention, with such pay as may be fixed by the
Committee on Expenditures, and that such stenographer be
sworn faithfully to discharge the duties of his office before
entering thereon.
Mr. Orman moved to lay the resolution on the table.
The yeas and nays were called for by Messrs. Baker and
Chandler.
The vote was:
Yeas-Messrs. Bell of Brevard and Dade. Bennett, Bethel,
Blackburn, Campbell, Carter, Clark of Jackson, Coker, Cook,
Davis, Earle, Edge, Fogarty, Fowler, Genovar, Gillis, Green,
Hatch, Hausman, Hendley, Henderson, Herndon, Hicks, Hope,
Humphries, Ives, Johnston, Jones, Landrum, Lesley, Love, Lut-
terloh, Malone, Marshall, Milton, Monsalvatge, Morgan, McCas-
kill, McClellan, McKinnon, Neel, Odom, Oliveros, Orman,
Parker, Parkhill, Parsons, Paterson, Pelot, Randall of Madi-
son, Randolph, Richard, Rowe, Scott, Speer, Stone, Swearin-
gen, Tedder, Turnbull, Wadsworth, Weeks, Wellman, Wilson
of Clay and Wylly-65.
Nays-Mr. President, Messrs. Baker, Bell of Hamilton, Blount,
Bush, Carr, Challen, Chandler, Conover, Davidson, Duncan,
Gibbs, Goodbread, Goss, Greeley, Hargret, Hocker, Hunter,
Lewis, Maxwell, Miller, Mitchell, Petty, Randall of Duval,
Sanchez, Sheats, Taylor, Thompson, Tolbert, Tompkins,Walker,
Jr., Wall, Walter, Whitmore, Wilson of Polk and Manatee,
Yonge and Zipperer-37.
So the motion to lay on the table prevailed.
Mr. Rogers, of Suwannee, offered the following:
Resolved, That the permanent organization of the Conven-
tion be completed by the election of one Assistant Secretary,
one Assistant Sergeant-at-Arms, one Reading Clerk, two Mes-
sengers, one Engrossing and Enrolling Clerk, and one Record-
ing Clerk;
Which was adopted.
Mr. Chandler moved to insert after the words Assistant Sec-
retary, provided that he shall be an experienced steno-
grapher;"
Which was not agreed to.
Mr. Rogers nominated D. M. McAlpin, of Suwannee, for As-
sistant Secretary.
Mr. Oliveros, of St. Johns, moved that Mr. McAlpin be de-
clared unanimously elected;
Which was agreed to.
Mr. Yonge, of Escambia, nominated Mr. J. Calloway, of
Jackson county, for Assistant Sergeant-at-Arms.

16

Mr. Tompkins, of Columbia, moved to make the election of
Mr. Calloway unanimous;
Which was agreed to.
Mr. Lesley, of Hillsborough, nominated G. A. K. Stevens, of
Polk, for Reading Clerk.
Mr. Genovar, of St. Johns, moved to make the election of
Mr. Stevens unanimous ;
Which was agreed to.
Mr. Paterson, of Madison, nominated George Dice, of Madi-
son, for Messenger.
Mr. Fowler, of Putnam, moved to make the election of Mr.
Dice unanimous;
Which was agreed to.
Mr. Hicks, of Franklin, moved to postpone the election of
the other messenger until to-morrow.
The yeas and nays were called for.
The vote was:
Yeas-Mr. President, Messrs. Bell of Brevard and Dade,
Blackburn, Clark of Jackson, Coker,Conovcr, Davidson, Davis,
Earle, Genovar. Goodbread, Hatch, Hausman, lendley, Hern-
don, liciks, Hlocker, Hope, Humphries, Hunter, Johnston,
Jones, Landrum, Love, Lutterloh, Malone, Milton, Morgan,
Odoml Oliveros, Orman, Parker, Parkhill, Parsons, Paterson,
Randall of Madison, Richard, Rogers, Rowe, Sanchez, Scott,
Stone, Taylor. Tedder, Tolbert, Turnbull, Wadsworth, Weeks,
Wilson of Clay, Wilson of Polk and Manatee, and Wylly-50.
Nays--Messrs. Baker, Bennett, Bethel, Blount. Broome,
Bush, Campbell. Carter, Carr, Challen, Chandler, Cook,
Duncan, Edge, Fogarty, Fowler, Gibbs, Gillis, Greeley, Green,
IIargret, Ives, Lesley, Lewis, Marshall, Maxwell. Miller,
Mitchell, Monsalvatge, McCaskill, McClellan, McKinnon,
Neel, Petty, Randall of Duval, Randolph, Sheats, Speer,
Swearingen. Thompson, Tompkins, Walker, Jr., Wall, Walter,
Wellman, Whitmire, Yonge, and Zipperer-49.
So the motion to postpone the election of the other messen-
ger until to-morrow prevailed.
Mr. Challen moved that the election of Engrossing and En-
rolling Clerk be deferred until after the reports of the standing
committees are received.
Mr. Hicks moved to lay the motion on the table
The yeas and nays were called for by Mr. Chandler, of
Marion, and Mr. Baker, of Nassau.
The vote was:
Yeas-Mr. President, Messrs. Bell of Brevard and Dade,
Bennett, Bethel, Blackburn, Blount, Bush, Campbell, Carter,
Clark of Jackson, Coker, Conover, Cook, Davidson, Davis,

17

Duncan, Earle, Edge, Fogarty, Genovar, Gillis, Goodbread,
Green, Hatch, Hausman, Hendley, Henderson, Herndon,
Hicks, Hocker, Hope, Humphries, Hunter, Ives, Johnston,
Jones, Landrum, Lesley, Love, Lutterloh, Malone, Marshall,
Maxwell, Milton, Monsalvatge, Morgan, McClellan, Neel,
Odom, Oliveros, Orman, Parker, Parkhill, Parsons, Paterson,
Randall of Madison, Randolph, Richard, Rogers, Rowe,
Sanchez, Scott, Sheats, Speer, Stone, Swearingen, Taylor,
Tedder, Tolbert, Turnbull, Wadsworth, Wall, Weeks, Well-
man, Whitmire, Wilson of Clav, Wilson of Polk and Manatee,
Wylly, Yonge and Zipperer-80.
Nays-Messrs. Baker, Car', Challen, Chandler, Fowler,
Gibbs, Goss, Hargret, Miller, Mitchell, McKinnon, Randall of
Duval, Thompson, Tompkins and Walter--15.
So the motion to lay on the table prevailed.
Mr.' Lesley, of Hillsborough, nominated Milton J. Bryan, of
Hamilton county, for Enrolling and Engrossing Clerk.
Mr. Thompson, of Leon, nominated Mr. Charles A. Choate,
of Leon.
Mr. Choate's name was withdrawn, and upon the motion of
Mr. Milton, of Jackson, the election of Mr. Bryan was made
unanimous.
Mr. Weeks, of Bradford, nominated J. C. Clark, of Bradford,
for Recording Clerk.
Mr. Thompson, of Leon, nominated Chas. A. Choate, of
Leon.
The roll being called the vote was:
For Clark-Mr. President, Messrs. Bell of Brevard and
Dade, Bennett, Bethel, Blackburn, Blount, Broome, Bush,
Campbell, Clark of Jackson, Coker, Conover, Cook, Davidson,
Davis, Duncan, Earle, Edge, Fogarty, Genovar, Gillis, Good-
bread, Green, Hargret, Hatch, Hansman, Hendley, Henderson,
Herndon, Hicks, Hocker, Hope, Humphries, Hunter, Johnston,
Jones, Lesley, Lewis, Love, Lutterloh, Malone, Marshall,
Maxwell, Milton, Monsalvatge, Morgan, McCaskill McClellan,
McKinnon, Neel, Odom, Oliveros, Orman, Parker, Parkhill,
Parsons, Paterson, Randall of Madison, Randolph, Richard,
Rogers, Rowe, Sanchez, Scott, Sheats, Speer, Stone, Swearin-
gen, Taylor, Tolbert, Tompkins, Turnbull, Wadsworth,
Walker, Jr., Wall, Weeks, Wellman, Whitmire, Wilson of Clay,
Wilson of Polk and Manatee, Wylly, Yonge and Zipperer-83.
For Choate-Messrs. Baker, Carr, Challen, Chandler, Fow-
ler, Gibbs, Greeley, Landrum, Miller and Thompson-10.
Mr. Clark was declared elected.
On motion, the officers elected were sworn in by Hon. A. E.
Maxwell.
2

18

Mr. Walker, of Leon, offered the following resolution:
Resolved, That a committee of three be appointed to inform
the Governor that this Convention has completed its organ-
ization, and at all times invites the co-operation of the State
Government in aid of its counsels.
Mr. Baker, of Nassau, moved to proceed to the election of
Pages.
Mr. Orman moved to lay the motion on the table;
Which was agreed to.
Mr. Bethel, of Monroe, moved to adopt the resolution offered
by Mr. Walker, of Leon ;
Which was agreed to.
Mr. Marshall, of Levy, offered the following:
Resolved, That the President of the Convention be author-
ized to make arrangements looking to the opening of the morn-
ing sessions of the Convention with prayer; and that, to that
end, he be requested to invite the clergy of the city to attend,
one each day, at the hour of the assembling of the Convention.
Mr. Yonge offered as a substitute that the President be
authorized to engage the services of a Chaplain for the session.
Mr. Hicks, of Franklin, offered to amend the substitute by
electing a Chaplain.
The amendment to the substitute was lost.
Mr. Jones, of Jefferson, moved to amend by requesting the
members of the Convention who are ministers to perform the
duties of Chaplain.
Mr. McKinnon, of Washington, moved to lay the whole
matter on the table;
Which was agreed to.
Mr. Speer, of Orange, offered the following resolution:
Resolved, That the members of the Convention retire from
the Hall and the Secretary shall place in a box thirty-nine
strips of paper, having on each strip the name of one of the
counties of the State of Florida, and as each piece of paper
is drawn from the box the Secretary shall announce the name
on the paper, and the delegation from said county shall select
at once the place for their seats.
Mr. Mitchell, of Leon, moved to lay the resolution on the
table.
Mr. Speer and Mr. Chandler called for the yeas and nays.
The roll being called, the vote was:
Yeas-Messrs. Baker, Bennett, Bethel, Blackburn, Bush,
Campbell, Carter, Carr, Challen, Chandler, Clark of Jackson,
oker, Conover, Cook, Davis, Duncan, Earle, Edge,
Fogarty, Fowler, Genovar, Gibbs, Green, Hargret, Hatch,

19

Hocker, Hope, Humphries, Ives, Landrum, Lesley, Lewis,
Malone, Maxwell, Miller, Mitchell, Monsalvatge, Morgan, Mc-
Caskill, McClellan, McKinnon, Neel, Oliveros, Orman, Pelot,
Randall of Duval, Rogers, Rowe, Sanchez, Scott, Stone,
Taylor, Tedder, Thompson, Tolbert, Tompkins. Wall, Walter,
Whitmire, Wilson of Polk and Manatee, and Yonge-62.
Nays-Messrs. Bell of Brevard and Dade, Bell of Ham-
ilton, Blount, Broome, Davidson, Gillis, Goodbread,
Goss, Greeley, Hausman, Hendley, Henderson, Herndon,
Hicks, Hunter, Johnston, Jones, Lutterloh, Marshall, Milton,
Odom, Parker, Parkhill, Parsons, Paterson, Randall of Madi-
son, Richard, Sheats, Speer, Swearingen, Turnbull, Wads-
worth, Walker Jr., Weeks, Wellman, Wilson of Clay, Wylly
and Zipperer-38.
So the motion to lay on the table was carried.
Mr. Thompson, of Leon, offered the following :
Resolved, That the seats now occupied by delegates be their
permanent seats during the session, except changes made by
mutual consent.
Mr. Swearingen moved to lay the motion on the table;
Which was lost.
Mr. Maxwell moved as a substitute the following:
That the delegates now retire from their seats, and that the
Secretary prepare slips each to have the name of a delegate,
said slips to include all delegates, and that said slips be placed
in a box or hat by him; and it shall then be the duty of the
sergeant-at-arms to draw said slips out, one at a time, and to
announce the name appearing on said slip, when the delegate
whose name appears shall select a seat for himself in this hall
which he shall occupy during the session of the Convention;
Which was adopted.
Mr. Randall moved to amend as follows:
Resolved, That the drawing shall be as follows: When the
name of a delegate from any county, including the delegates
from any Senatorial District residing in such county, shall be
drawn, the whole delegation from the county, including Sena-
torial delegates, shall be admitted, and each of such delegates
may select his permanent seat;
Which was adopted.
Mr. Baker moved to lay the whole matter on the table;
Which was not agreed to.
Mr. Miller moved that the whole matter be referred to the
Committee on Rules.
Mr. Swearingen moved to lay the motion on the table;
Which was agreed to.

20

Mr. McClellan moved to adopt the substitute as amended and
called the previous question.
The previous question was ordered and the motion agreed
to.
The President appointed the following committee to wait
upon the Governor, to wit:
Messrs. Walker, Maxwell and Randall, of Duval.
Also the following committee on rules, to wit:
Messrs. Bethel, McClellan, Oliveros, McCaskill, Malone,
Marshall, Speer, Conover and Chandler.
On motion of Mr. Miller, the Convention adjourned until
10 o'clock a. m. to-morrow.

THIRD DAY.

THURSDAY, JUNE 11, 1885.
The Convention met pursuant to adjournment.
The roll being called the following delegates answered to
their names:
Mr. President. Messrs. Baker, Bell of Brevard, Bell of
Hamilton. Bennett, Bethel, Blackburn, Blount, Broome, Bush,
Campbell, Carr, Carson, Challen Chandler, Clark of
Jackson, Coker, Conover, Cook, Davidson, Davis, Duncan,
Earle, Edge, Fogarty, Fowler, Genovar, Gibbs, Gillis, Good-
bread, Goss, Greeley, Green, Hargret, Hatch, Hendley, Hen-
derson, Herndon, Hicks, Hocker, Hope, Humphries, Hunter,
Ives, Jones, Landrum, Lesley, Lewis, Love, Lutterloh, Ma-
lone, Mann, Marshall, Maxwell, Miller, Milton, Mitchell, Mor-
gan, McCaskill, McLellan, McKinnon, Neel, Odom, Oliveros,
Orman, Parkhill, Parsons, Paterson, Randall of Duval, Ran-
dell of Madison, Randolph, Richard, Robertson, Rogers,
Rowe, Sanchez, Scott, Sheats, Speer, Stone, Swearingen, Tay-
lor, Tedder, Thompson, Tolbert, Tompkins, Turnbull, Wads-
worth, Walker, Wall, Walter, Weeks, Wellman, Westcott,
Whitmire, Wilson of Clay, Wilson of Polk, Wylly, Yonge
and Zipperer.-99.
A quorum present.
Prayer by Rev. A. C. McCants.
Mr. Green moved that the reading of the minutes be dis-
pe1iied with;

21

Which was agreed to.
The Journal of yesterday was corrected.
On motion of Mr. Bethel, \Ir. Monsalvatge was excused for
the day on account of sickness.
Mr. Walker offered the following memorial:
"TALLAHASSEE, FLA., June, 1885.
To the Honorable, the Memnbers of the (C'onltitiuional Conven-
tion, Tallahassee:
The Regents of the University of Florida most respectfully
memorialize your honorable body on the importance of pro-
viding, in the revision of the Constitution, amply for the
maintenance of the State University, according to the spirit of
the old Constitution, in Section 2 of Article VIII, and the
prescribing more distinctly the method by which the endow-
ment and maintenance shall be made. If this is to be, as
seems by the old Constitution, by joint use of the common
school fund, then this should be better specified.
Your memorialists respectfully represent the great impor-
tance of this provision to the highest interests of the State in
every way, and refer to the fact that the sister States have all
made ample provision for their great Universities.
J. KOST, Chancellor.
J. T. BERNARD, Secretary.
On motion of Mr. Conover, the memorial was ordered printed
in the Journal and referred to the appropriate committee.
On motion of Mr. Lesley, Mr. Pelot was excused on account
of sickness.
Mr. Johnston offered the following resolution:
Resolved, That the Secretary of this Convention be author-
ized to have printed two thousand copies of each day's Journal
for the use of the members until otherwise directed, and that
the State Priater shall receive such compensation therefore as
may be agreed upon in the manner now prescribed by law, by
agreement with the Committee on Printing;
Which was read.
Mr. Oliveros moved that 2,000 be stricken out, and 1,000
inserted.
Mr. Baker moved that the whole matter be deferred until
to-morrow morning at 11 o'clock.
Mr. Walter moved to lay the motion on the table;
Which was agreed to
The vote was then taken on the amendment offered by Mr.
Oliveros ;
Which was not agreed to.

22

The resolution of Mr. Johnston was then adopted.
Mr. Mann offered the following resolution:
Whereas, It is very important that the delegates of this Con-
vention should have constantly before them all matter bearing
upon the subject to be considered and revised, as well as the
higher law which must ever govern when any conflict shall oc-
cur ; therefore, be it
Resolved, That the Secretary of State cause to be printed
for the use of this Convention the Constitution of the United
States with all amendments thereto, and the Constitution
of the State of Florida with references to the decision of the
Supreme Court made in exposition thereof, and all action had
in our State Legislature calling this Convention, with such
other documents as may be deemed advisable by a committee
of three, to be appointed by the chair.
Mr. Oliveros moved to lay the resolution on the table;
Which was agreed to.
Mr. Speer offered the following resolution:
Whereas, The question of regulating the sale of liquors in
Florida has assumed such importance that it must be consid-
ered ; therefore, be it
Resolved, That a committee of seven be appointed by the
President, which shall be one of the standing committees of
this body, to whom shall be referred all papers and petitions
on the subject of temperance.
Mr. McClellan moved to lay the resolution on the table;
Upon which the yeas and nays were called for.
The vote was:
Yeas-Messrs. Blount, Bush, Clark of Jackson, Coker, Con-
over, Fogarty, Genovar, Goodbread, Hausman, Hendley, Hen-
derson, Humphries, Ives, Jones, Lesley, Love, Malone, Max-
well, Miller, Milton, McClellan, Oliveros, Parsons, Paterson,
Randall of Madison, Richard, Stone. Taylor, Tedder, Tolbert,
Turnbull, Wadsworth, Walter, Wellman, Westcott, Whitmire,
Wilson of Polk and Manatee, Yonge and Zipperer-39.
Nays-Mr. President, Messrs. Baker, Bell of Brevard and
Dade, Bell of Hamilton, Bennett, Bethel, Blackburn, Broome,
Campbell, Carter, Carr, Carson, Challen, Chandler, Cook,
Davidson, Davis, Duncan, Earle, Edge, Fowler, Gibbs, Gillis,
Goss, Greeley, Green, Hargret, Hatch, Herndon, Hicks, Hocker,
Hope, Hunter, Johnston, Landrum, Lewis, Lutterloh, Mann,
Marshall, Mitchell, Morgan, McCaskill, McKinnon, Neal,
Odom, Orman, Parker, Parkhill, Petty, Randall of Duval, Ran-
dolph, Robertson, Rogers, Rowe, Sanchez, Scott, Sheats, Speer,

23

Swearingen, Thompson, Tompkins, Walker, Jr., Wall, Weeks
and Wylly-62.
So the motion to lay on the table was lost.
The vote on the resolution was then taken and the resolu-
tion was declared adopted.
Mr. McClellan moved that hereafter all resolutions offered
be read for information, and be required to lay on the table
until the next day before action.
Mr. Malone moved to amend by excepting all resolutions
referring to standing committees;
Which was accepted, and the resolution was agreed to.
Mr. Mann offered the following:
Resolved, That a committee of five be appointed by the
Chair who shall confer with the Secretary of State and recom-
mend for publication and the use of this body such matter as
they may deem important as a guide in our labors;
Which was laid over under the rule.
Mr. Marshall offered the following resolution:
Resolved, That a committee of seven be appointed by the
President of the Convention to determine what committees
are necessary to the transaction of the business of the Conven-
tion, and to report the titles and functions of the same, and
the number of persons of which each shall be composed.
Mr Bennett offered the following resolutions:
Resolved, That in order to expeditiously and efficiently
transact the business for which this Convention assembled,
the President is hereby empowered to appoint twelve standing
committees, composed of seven members each; said commit-
tees shall consider and report upon the respective subjects
assigned to them, to wit:
1. Preamble and Declaration of Rights.
2. Legislative Department.
3. Executive Department.
4. Judiciary.
5. Suffrage and Elections.
6. Taxation, Finance and Public Debt.
7. Education.
8. Corporations, Railroads, Canals, Insurance, &c.
9. Public Buildings and Institutions.
10. Homestead and Property Exemptions.
11. Counties and County Officers.
12. Miscellaneous Provisions.
Resolved, That each of the foregoing committees shall

24

appoint one of its members to represent it on a committee of
revision and arrangement, and the President shall appoint not
less than thirteen members in addition, and to said committee
shall be referred the accepted reports of the general Standing
Committees for revision and harmonious arrangement.
Resolved, That all documents presented to this Convention
containing Constitutional provisions be referred to appropriate
committees without debate.
Mr. Mann offered the following resolutions:
Resolved, That the standing committees shall be as fol-
lows:
1. Judiciary, consisting of 15.
2. Executive, consisting of 9.
3. Legislative, consisting of 9.
4. Electoral and Representative Reform, consisting of 9.
5. The Rights of Suffrage, consisting of 9
6. Education, consisting of 9.
7. Municipal Corporations, consisting of 9.
S. Railroads, consisting of 9.
9. Miscellaneous Subjects, consisting of 9.
10. Revenue, consisting of 9.
11. Finance, consisting of 9.
12. Banks and Currency, consisting of 9.
13. State, County and Municipal Indebtedness, consisting
of 9.
14. Public Accounts and Expenditures, consisting of 9.
15. Military Affairs, consisting of 9.
16. Retrenchment and Reform, consisting of 9.
17. Counties, consisting of 9.
18. Township Organization, consisting of 9.
19. Judicial Circuits, consisting of 9.
20. Congressional Apportionments, consisting of 9.
21. Legislative, consisting of 9.
22. Manufactories and Agriculture, consisting of 9.
23. State Institutions and Public Buildings, consisting
of 9.
24. Penitentiary and Reformatory Institutions, consisting
of 9.
25. Bill of Rights, consisting of 9.
26. Federal Relations, consisting of 9.
27. Future Amendments, consisting of 9.
28. Internal Improvement Lands and Internal Improve-
ments, consisting of 9.
29. Printing and Binding, consisting of 9.
30. Revision and Adjustment, consisting of 9.
To be referred to committee by request.

25

Resolved, That the Order of Business shall be:
1. Reading the Journal.
2. Communications and Presentation of Petitions.
3. Unfinished Business of the Previous Day.
4. Reports from Standing Committees.
5. Reports from Select Committees.
f. Presentation of Resolutions and Propositions to Amend
the Constitution
To be referred to proper committee by request.
Mr. Turnbull offered the following resolution:
Resolved, That a special committee of five be appointed by
the chair to receive proposals for the printing of the Constitu-
tional Convention, said committee to report as early as possi-
ble.
Mr. Maxwell moved that the resolution offered by Mr. Mar-
shall, that a committee of seven be appointed to determine the
number and functions of committees of this Convention, be
taken up;
Which was agreed to.
Mr. Malone offered to amend by inserting the word "stand-
ing" before the word committee.
Mr. Mann offered to amend by making the number 9 instead
of 7.
Both amendments were accepted.
Mr. Maxwell moved that the Convention proceed to vote
upon the resolution as amended, and called the previous ques-
tion.
The yeas and nays were called for by Messrs. Walker and
Conover.
The vote was:
Yeas-Messrs. Bell of Brevard and Dade, Bell of Hamilton,
Bennett, Bethel, Blackburn, Blount, Broome, Bush, Campbell,
Carter, Carson, Challen, Coker, Cook, Davidson,,Davis, Duncan,
Edge, Fogarty, Fowler, Genovar, Gillis, Goodbread, Greeley,
Green, Hatch, Hausman, Hendley, Henderson, Herndon,
Hicks, Hocker, Hope, Humphries, Hiunter, Ives, Jones, Lan-
drum, Love, Lutterloh, Malone, Mann, Marshall, Maxwell,
Milton, Monsalvatge, Morgan, McCaskill, McClellan, McKin-
non, Neel, Oliveros, Orman, Parker, Parkhill, Parsons, Pater-
son, Randall of Duval, Randall ot Madison, Randolph, Rich-
ard, Robertson, Rogers, Rowe, Sanchez, Scott, Speer, Stone,
Swearingen, Tedder, Tolbert, Tompkins, Turnbull, Wads-
worth, Wall, Walter, Weeks, Wellman, Westcott, Whitmire,
Wilson of Clay, Wilson of Polk and Manatee, Wylly and
Yonge-84.

26

Nays-Messrs. Baker, Carr, Chandler, Conover, Earle,
Gibbs, Goss, Hargret, Johnston,Lesley, Miller, Mitchell, Petty,
Sheats, Taylor, Thompson and Walker, Jr -16.
So the previous question was ordered.
The resolution as amended was then adopted.
Mr. McClellan offered the following:
Resolved, That all resolutions that have been introduced
before this Convention on the subject of standing committees,
be referred to the committee of 9 appointed to report to this
Convention what standing committees are necessary to trans-
act the business of this Convention, and moved its adoption;
Which was agreed to.
Mr. Miller moved to suspend the rules and take up the mo-
tion relative to Convention printing.
Mr. McCaskill moved to lay the motion to suspend on the
table ;
Which was agreed to.
Mr. Yongemoved that the Convention proceed to the elec-
tion of one Messenger and four Pages;
Which was agreed to.
Mr. Sheats nominated W. M. Myers for Messenger.
Mr. Hicks moved to make the election of Mr. Myers unani-
mous;
Which was agreed to.
The Convention then proceeded to the election of four pages.
Charles Hopkins, Glover Miller, J. W. Johnston and Eugene
Hawkins were nominated and declared elected.
Mr. Mann moved that the Convention choose five pages, and
nominated H. W. Fowler for the fifth one.
Mr. Wilson moved to lay the motion on the table.
The yeas and nays were called for by Messrs. Baker and
Chandler.
The vote was:
Yeas-Messrs. Blackburn, Campbell, Clark of Jackson,
Coker, Davis, Edge, Green, Hausman, Hendley, Hope, Hum-
phries, Lesley, Love, Malone, Milton, McCaskill, Oliveros,
Paterson, Randall of Madison, Richard, Scott, Stone, Tolbert,
Wadsworth, Wall, and Wilson of Polk and Manatee-25.
Nays-Mr. President, Messrs. Baker, Bell of Brevard and
Dade, Bennett, Bethel, Blount, Broome, Bush, Carter, Carr,
Challen, Chandler, Conover, Cook, Davidson, Duncan, Earle,
Fogarty, Fowler, Genovar, Gibbs, Gillis, Goodbread, Goss,
Greeley, Hargret, Hatch, Henderson, Herndon, Hicks, Hocker,
Hunter, Ives, Johnston, Jones, Landrum, Lewis, Lutterloh,
Mann, Marshall, Maxwell, Miller, Mitchell, Monsalvatge, Mc-
Clellan, McKinnon, Neel, Odom, Orman, Parker, Parkhill,

27

Parsons, Petty, Randall of Duval, Randolph, Robertson,
Rogers, Rowe, Sheats, Speer, Swearingen, Taylor, Tedder,
Thompson, Tompkins, Turnbull, Walker, Jr., Walter, Weeks,
Wellman, Westcott, Whitmire, Wilson of Clay, Wylly, Yonge
and Zipperer-78.
So the motion did not prevail.
The Convention proceeded to vote for the fifth Page and
Mr. Fowler was declared elected.
The committee appointed to inform the Governor that this
Convention had completed its organization, and at all times
invited the co-operation of the State Government in aid of its
counsels, reported that they had so informed the Governor,
and that the Governor expressed his thanks and appreciation
to the Convention, and that he would communicate to this
body in writing, probably in the near future.
On motion of Mr. Green the report was received and the
committee discharged.
The Convention took a recess for fifteen minutes in order
to draw for seats as provided in resolution passed on yester-
day.
The Convention resumed its session.
The President announced the following Committee on Stand-
ing Committees:
Messrs. Maxwell, Randall, of Duval, Taylor, McClellan,
Love, Walker, Jr., Mann, Bennett and Miller.
On motion of Mr. Walter the Convention adjourned until 10
o'clock A. M. to-morrow.

FOURTH DAY.

FRIDAY, JUNE 12, 1885.
The Convention met pursuant to adjournment.
The roll being called, the following delegates answered to
their names:
Mr. President, Messrs. Baker, Bell of Brevard and Dade,
Bell of Hamilton, Bennett, Bethel, Blackburn, Blount, Broome,
Bush, Campbell, Carter, Carr, Carson, Challen, Chandler,
Clark of Jackson, Coker, Conover, Cook, Davidson, Davis,
Duncan, Earle, Edge, Fogarty, Fowler, Genovar, Gibbs, Gillis,
Goodbread, Goss, Greeley, Green, Hargret, Hatch, Hausman,

28

Hendley, Henderson, llerndon, Hicks, Hocker, Hope, Hum-
phries, Hunter, Ives, Johnston, Jones, Landrum, Lesley,
Lewis, Love, Lutterloh, Malone, Marshall, Maxwell, Miller,
Milton, Mitchell, Monsalvatge, Morgan, McCaskill, McClellan,
McKinnon, Neel, Odom, Oliveros, Orman, Parker, Parkhill,
Parsons, Paterson, Pelot, Petty, Randall of Madison, Ran-
dolph, Richard, Robertson, Rogers, Rowe, Sanchez, Scott,
Sheats, Speer, Stone, Swearingen, Taylor, Tedder, Thompson,
Tolbert, Tompkins, Turnbull, Wadsworth, Walker, Jr., Wall,
Walter, Weeks, Wellman, Westcott, Whitmire, Wilson of
Clay, Wilson of Polk and Manatee, Wylly, Yonge and Zip-
perer-105.
A quorum present.
Mr. Turnbull moved to dispense with reading of the Journal;
Which was agreed to.
The Journal was corrected and approved.
Mr. Walker, Jr., offered the following resolution:
Rsolved, That whatever shall be referred to a committee as
a proposed amendment to the existing Constitution, or as a
part of a new Constitution, or an ordinance of this Conven-
tion, shall be reported upon within a reasonable time.
Mr. Oliveros offered the following resolution:
Resolved, That the desk of the Reading Clerk be placed as
near the center of the Hall as convenient, and that one page be
assigned to convey papers from the Secretary's desk to that of
the Reading Clerk.
Mr. Rogers offered the following resolution:
Whereas, It is the sense of this Convention that we need a
permanent chaplain to open the daily sessions with prayer;
therefore,
Resolved, That the President be authorized to make such
arrangements as he may think proper to secure the service of
some minister to act as chaplain for this Convention.
Mr. Zipperer offered the following resolution:
Whereas, The organization of this body is not completed
without the election of a Chaplain ;
Resolved, That we proceed to elect a Chaplain from this
body or elsewhere to serve during the term at a stated salary,
said salary not to exceed one* hundred dollars.
Mr. Humphries offered the following resolution:
Resolved, That the Secretary of this Convention shall be re-
qui red, after reading the journals and the disposition of unfin-
ished business, to call the roll of Senatorial Districts, at which

29

time any member of said district shall be permitted to intro-
duce resolutions pertaining to the business of the Conven-
tion.
Mr. Hicks offered the following resolution:
Whereas, The present Convention, being composed largely
of new members, uncontaminated with the wiles and manipu-
lations of the members and politicians who have served in
former Legislatures, do not as yet require the services of a
chaplain, and to employ the services of a chaplain for the
benefit of the small number of old members and politicians in
this body would be a useless expenditure of the public money,
as they are certainly beyond the present plan of redemption;
therefore, be it
Resolved, That no money shall be appropriated to pay for
the services of a chaplain.
Mr. Bennett offered the following resolution :
TO REGULATE THE LIQUOR TRAFFIC BY THE VOTE OF COUNTIES.
SECTION 1. A majority of the legally qualified voters of a
county may by ballot permit or prohibit all traffic in spirit-
uous, malt or fermented liquors, or other intoxicants.
SEC. 2. Whenever one hundred qualified electors in any
county in this State shall, in writing, petition the Legislative
Board of such county to order an election, to permit or pro-
hibit the traffic in intoxicants, said Board shall, within forty
(40) days after receiving such petition, issue notices for an
election to be held in not less than thirty nor more than
forty days from the date of such notices; Provided, That no
such election shall be held within sixty (60) days previous,
nor thirty (30) days subsequent, to any regular or general
election for State or county officers. Neither shall there be
more than one such election held within a year.
SEc. 3. All elections helu in pursuance of the provisions of
the foregoing sections shall be conducted according to the
laws and rules provided for regular and general elections, and
all infractions of such laws and rules shall incur like penalties.
Mr. Mitchell offered the following resolution:
Resolved, That the Sergeant-at-Arms be instructed to furnish
fifteen (15) copies of McClellan's Digest for the use of this
Convention.
Mr. Speer offered the following resolution:
Resolved, That the Sergeant-at-Arms be directed to prepare
seats and desks on the floor of the Hall for editors and report-
ers of the public press, and they are hereby invited to occupy
the same.

80

Mr. Randolph offered the following resolution:
Resolved, That whereas, the Convention is without a Chap-
lain, and that we are hereby setting a precedent unheard of in
legislative or deliberative bodies;
Resolved, That we proceed to the election of a Chaplain to
be paid a salary such as may be decided upon by the Finance
Committee.
Mr. Bethel offered the following resolution:
Resolved, That a committee of three be appointed to revise
and superintend the recording of the Journal of this Conven-
tion.
Mr. Turnbull tendered an invitation from Hon. D. S. Walker,
Sr., in behalf of the University Library, to the members of
this Convention, inviting them to visit the library at their
leisure moments.
Mr. Walter moved that the invitation be accepted and the
thanks of this Convention be returned;
Which was unanimously agreed to.
Mr. Maxwell, Chairman of Committee on Necessary Com-
mittees made tha following report:
The committee to determine what committees are necessary
to the transaction of the business of the Convention, and to
report the titles, functions, and number of each committee, beg
leave to report the following resolutions:
Resolved 1. That in order to the convenient transaction of
the business of the Convention, the President be authorized to
appoint the following standing committees, to consist of nine
members each, except where a different number is herein other-
wise provided for:
1. A Committee on Preamble and Bill of Rights.
2. A Committee on the Legislative Department-eleven
members.
3. A Committee on the Executive and Administrative De-
partment.
4. A Committee on the Judicial Department-thirteen
members.
5. A Committee on Census, Apportionment and Bounda-
ries-thirteen members.
6. A Committee on Suffrage and Eligibility-eleven mem-
bers.
7. A Committee on Education.
8. A Committee on Homesteads and Exemptions and
Property of Married Women.
9. A Committee on Public Institutions.
10. A Committee on Taxation and Finance-eleven mem-
bers.

31

11. A Committee on Private Corporations.
12. A Committee on Militia.
13. A Committee on Amendments to the Constitution.
14. A Committee on County, Township and City Organiza-
tion.
15. A Committee on Miscellaneous Provisions.
16. A Committee on Style and Arrangement of the Consti-
tution-eleven members.
17. A Committee on Schedule.
Resolved, 2. That the functions of these committees shall be
to revise the Constitution in such matters as are indicated by
their respective titles, and to consider and report on all mat-
ters referred to them.
Your Committee report, as necessary to the current business
of the Convention, other committees, to consist of five mem-
bers each, as follows:
1. A Committee on Enrollment and Engrossment.
2. A Committee on Expenditure.
3. A Committee on Printing.
The functions of these committees are sufficiently indicated
by their titles.
Respectfully submitted.
A. E. MAXWELL, Chairman.
Mr. Bethel moved that the report of the committee be ac-
cepted
Which was agreed to.
Mr. Campbell moved that the report of the committee be
adopted and immediate action be taken thereon ;
Which was agreed to.
Mr. Bethel, Chairman of Committee on Rules, made a verbal
report, that the committee had been working and would proba-
bly report to-morrow.
Mr. Baker moved to suspend the rules and that the Conven-
tion proceed to the election of a Chaplain ;
Which was agreed to, and nominations were declared in
order.
Mr. Speer nominated Rev. T. E. Smith.
Mr. Fowler nominated Rev. A. C. McCants.
Mr. Conover nominated Rev. W. H. Carter.
Mr. Turnbull nominated Rev. H. H. Kennedy.
Mr. Walter nominated Rev. C. C. McLean.
Mr. Bethel moved that nominations be closed;
Which was agreed to.
The vote was as follows:
Mr. Carter, 20; Mr. McCants, 41 ; Mr. Smith, 13; Mr. Ken-
nedy, 24; Mr. McLean, 4.

32

Mr. McCaskill moved that inasmuch as there was no elec-
tion that Rev. Mr. McCants be elected Chaplain by acclama-
tion;
Which was agreed to, and Mr. McCants was so declared
elected.
The following communication from the Governor was re-
ceived:
EXECUTIVE OFFICE,
TALLAHASSEE, FLA., June 11, 1885.
To the President and Members of the Constitutional Conven-
tion of Florida:
GENTLEMEN: I have the honor to acknowledge your cour-
tesy in advising me through your committee of your organi-
zation as the Constitutional Convention of the delegates of
the people of Florida. I heartily welcome you here and con-
gratulate the people of our State upon the selection as their
delegates for the important purpose of revising their organic
law, men whose characters for wisdom, prudence and love for
Florida, are a safe guaranty that the deliberations and labors
of your body will have for their aim and purpose the best in-
terest of our beloved State and the welfare and prosperity of
all her people.
I take pleasure in tendering to you the cordial co-operation
of the Executive and all the Administrative Departments of
our present State Government, and assuring ypu that every
Department will hold itself ready with any information it may
possess as to the present or past affairs of State, or otherwise
to facilitate in every way possible the labors not only of your
body and your committees, but of the individual members of
the Convention.
I beg leave to express to you, and through you to the people
of our State, my appreciation of and gratitude for the distin-
guished honor and generous tribute of respect and sympathy
conveyed by your proceedings of the 9th instant.
With profound gratitude to you and the people of Florida, I
have the honor to be your and their obedient servant,
E. A. PERRY.
Which was read.
Mr. Walter moved that the communication just received be
spread upon the Journal;
Which was agreed to.
On motion of Mr. Miller, the Convention adjourned until 11
o'clock A. M. to-morrow, in order to give the committee time
to act.

33

FIFTH DAY.

SATURDAY, JUNE 13, 1885.

Convention met pursuant to adjournment.
The roll being called, the following delegates answered to
their names:
Mr. President, Messrs. Baker, Bell of Brevard and Dade,
Bell of Hamilton, Bennett, Bethel, Blackburn, Blount, Broome,
Bush, Campbell, Carter, Carr, Carson, Challen, Chandler,
Clarke of Jefferson, Clark of Jackson, Coker, Cock, Davidson,
Davis, Duncan, Earle, Edge, Fogarty, Fowler, Genovar, Gibbs,
Gillis, Goodbread, Goss, Green, Hargret, Hatch, Hausman,
Hendley, Henderson, Herndon, Hicks, Hocker, Hope, Hum-
phries, Hunter, Ives, Johnston, Jones, Landrum, Lesley,
Love, Lutterloh, Malone, Mann, Marshall, Maxwell, Milton,
Mitchell, Monsalvatge, Morgan, McCaskill, McClellan, McKin-
non, Neel, Odom, Oliveros, Orman, Parker, Parkhill, Parsons,
Paterson, Petty, Pelot, Randall of Duval, Randall of Madison,
Randolph, Richard, Robertson, Rogers, Rowe, Sanchez, Scott,
Sheats, Speer, Stone, Swearingen, Taylor, Tedder, Thompson,
Tolbert, Tompkins, Turnbull, Wadsworth, Walker, Jr., Wall,
Walter, Weeks, Wellman, Westcott, Whitmire, Wilson of Clay,
Wilson of Polk and Manatee, Wylly, Yonge and Zipperer
-103.
A quorum present.
Prayer by the Chaplain.
Mr. Parkhill moved that the reading of the Journal be dis-
pensed with;
Which was agreed to.
The Journal was corrected and approved.
Mr. Campbell offered the following resolution:
Whereas, The present Constitution of Florida deprives the
people of Florida of the privilege of electing the officers of the
State and the different county officers, except their Chief Mag-
istrate, the Governor, and in this respect is undemocratic,.and
contrary to the spirit of republican government ; therefore,
be it
Resolved, That the people of Florida be authorized by the
organic law, to elect each and every officer, both St ate and
county, that this Convention may determine necessary; and be
it further
3

34

Resolved, That the officers of said State shall consist of the
following, to-wit: A Chief Magistrate, to be styled the Gov-
ernor; a Comptroller, a Treasurer, Secretary and an Attorney-
General, and that the judicial power of said State shall be
vested in a Supreme Court, Chancery Courts, Circuit Courts
and Justices of t',e Peace, and the Legisl-iture may provide
courts in cities and towns and give said courts such criminal
jurisdiction as may be deemed proper by such Legislature, and
that the people of the various counties of this State, shall, on
the First Tuesday in November, A. D., 1886, and every two
years thereafter, elect the following officers, to-wit: a Sheriff,
"a County Clerk, a Tax Assessor, a Tax Collector,a Treasurer,
"a Superintendent of Education; three County Commissioners
and a Justice of the Peace for each Election District, the du-
ties of said officers shall be provided by law, and said officers
shall hold their office until their successors are elected and
qualified; and at the same time there shall be elected in each
Judicial Circuit, a District Attorney, whose duties shall be
provided by law, who shall hold his office for four years, and
until his successor is elected and qualified.
Mr. Wilson, of Polk and Manatee, offered the following reso-
lution:
Resolved, That in the organization of the Legislative De-
partment the committee on that department inquire into the
expediency-
First, of limiting the powers of legislation to acts of a gen-
eral nature, or such as concern the public interest generally or
locally.
Second, of prohibiting private legislation for individual,
company or corporate benefit, except at the expense of the ap-
plicants.
Third, of prohibiting the passing of special acts for the relief
of negligent, careless and defaulting public officers, except at
their own expense.
Fourth, of limiting the powers of legislation when convened
on extraordinary occasion to those causes only communi-
cated by the Executive.
Fifth, the prohibition to the Legislature of all power of ap-
pointment except of the United States Senators and its own
officers.
Mr. Randall, of Duval, offered the following resolution:
Resolved, That the Constitution to be formed by this Con-
vention shall be submitted to a vote of the registered voters
,of this State and adopted by a majority of votes cast before
.he same shall be in force.

35

Mr. Bethel, of Committee on Rules, made the following re-
port:
CONVENTION HALL, TALLAHASSEE, FLA., June 13, 1885.
HON. SAMUEL PASCO,
President of the Convention :
SIR: Your committee to whom was assigned the duty of
preparing rules for the guidance of this Convention, beg leave
to submit the following rules, and would recommend the
adoption of the same.
Very respectfully,
L. W. BETHEL.
RULE 1.
The President shall take the chair every day at the hour to
which the House shall have adjourned on the preceding day,
and shall immediately call the Convention to order. The roll
shall then be called, and on the appearance of a quorum the
Journal of the preceding dav shall be read.
RULE 2.
He shall preserve order and decorum; may speak to points
of order in preference to other members, rising from his seat
for that purpose, and shall decide questions of order, subject to
an appeal to the House, on which appeal no member shall
speak more than once, unless by leave of the House.
RULE 3.
He shall rise to put the question, but may state it sitting.
RULE 4.
No member shall speak to another, or otherwise interrupt
the business of the Convention, or read any newspaper, while
the Journals or public papers are reading, or when any mem-
ber is speaking in debate.
RULE 5.
Every member, when he speaks, shall address the Chair,
standing in his place, and when he has finished shall sit down.
RULE 6
No member shall speak more than twice in any one debate,
on the same day, without leave of the House.
RULE 7.
When two or more members shall rise at the same time, the
President shall name the person entitled to proceed.

36

RULE 8.
"When a member shall be called to order, he shall sit down
until the President shall have determined whether he is in
order or not, and every question of order shall be decided by
the President without debate, subject to an appeal to the
House, and every member shall confine himself strictly to the
point in debate, avoiding all personal, indecorous or disrespect-
ful language.
RULE 9.
If a member be called to order for words spoken, the excep-
tionable words shall immediately be taken down in writing by
the President.
RULE 10.
No motion shall be debated until the same shall be seconded
and stated by the Chair.
RULE 11.
When a motion shall be made and seconded, it shall be re-
duced to writing if desired by the President.
RULE 12.
When a question is under debate the President shall receive
no motion but to adjourn, to lay on the table, for the previous
question, to postpone to a day certain, to commit, to amend
or to postpone indefinitely, which several motions shall have
precedence in the order in which they stand arranged, and a
motion to adjourn and to lay on the table shall be decided
without debate. If an amendment to any subject under con-
sideration be laid on the table or postponed, such action shall
not carry the subject matter with it.
RULE 13.
When a motion or proposition is under consideration, a mo-
tion to amend, and a motion to amend that amendment shall
be in order, and it shall also be in order to offer a further
amendment by way of substitute, to which one amendment
may be offered, but which shall not be voted on until the
original matter is perfected, but either may be withdrawn
before amendment or decision is had thereon.
RULE 14.
A question containing two or more propositions capable of
division shall be divided whenever desired by any member. A

37

motion to strike out and insert shall be deemed indivisible, but
a motion to strike out being lost shall neither preclude amend-
ment nor a motion to strike out and insert.
RULE 15.
In filling up blanks the largest sum and longest time shall
be first put.
RULE 16.
When the reading of a paper is called for and the same is
objected to by any member, it shall be determined by vote of
the House and without debate.
RULE 17.
On all, questions and motions whatsoever the President shall
take the sense of the House by yeas and nays, provided ten of
the members present shall so require. When the yeas and
nays are taken, the roil of the House shall be called in alpha-
betical order, and no member shall be allowed to vote who
shall not be upon the floor of the House at the time his name
is called, or before the roll call is finished.
RULE 18.
The following order shall be observed in taking up the busi-
ness of the Convention:
1. Reading of the Journal and the correction of the same.
2. Introduction of memorials, petitions or other papers ad-
dressed to the Convention or its President.
3. Introduction of resolutions.
4. Articles and ordinances.
5. Reports of Standing Committees in the order of their
numbers.
6. Reports of Select Committees.
7. Unfinished business.
8. Special orders.
RULE 19.
When a question has been once made and carried in the af-
firmative or negative, it shall be in order for any member of
the prevailing side to move for the reconsideration thereof,
nor shall any motion for reconsideration be in order unless
made on the same day on which the vote was taken, or the next
day of the actual session of the Convention, provided the rule
shall not apply to the action upon reports of Standing Com-
mittee No. 16.

38

RULE 20.
On a question when the yeas and nays are called for, in the
event of a tie, the question shall be decided in the nega-
tive.
RULE 21.
All questions shall be put by the President, and the mem-
bers shall signify their assent or dissent by answering viva
voce aye or no.
RULE 22.
The President of the Convention or President pro tem. shall
have the right to name a member to perform the duties of the
Chair, but such substitute shall not extend beyond an adjourn-
ment.
RULE 23.
Before any petition, memorial or resolution addressed to the
Convention shall be received and read at the table, whether
the same be introduced by the President or a member, a brief
statement of the subject of the petition or memorial shall ver-
bally be made by the introduced.
RULE 24.
Every section of the Constitution shall receive three readings
previous to its being adopted ; the President shall give notice at
each whether it be the first, second or third, which readings
shall be on three different days, unless two-thirds of the House
declare otherwise.
RULE 25.

The Standing Committees of this Convention shall be as fol-
lows, and shall consist of nine members each, unless otherwise(
specified :
1. A Committee on Preamble and Bill of Rights.
2. A Committee on the Legislative Department-of eleven
members.
3. A Committee on the Executive and Administrative De
apartment.
4. A Committee on the Judicial Department-thirteen mem-
bers.
5. A Committee on Census, Apportionment and Boundaries-
thirteen members.
6. A Committee on Suffrage and Eligibility-eleven mem
bers.

39

7. A Committee on Education.
8. A Committee on Homestead and Exemption and Pro-
perty of Married Women.
9. A Committee on Public Institutions.
10. A Committee on Taxation and Finance-eleven mem-
bers.
11. A Committee on Private Corporations.
12. A Committee on Militia.
13. A Committee on the Amendments to the Constitution.
14. A Committee on County, Township and City Organiza-
tions.
15. A Committee on Miscellaneous Provisions.
16. A Committee on Style and Arrangement of the Con-
stitution-eleven members.
17. A Committee on Schedule.
18. A Committee on Temperance-seven members.
19. A Committee on Engrossment and Enrollment-five
members.
20. A Committee on Expenditures-five members.
21. A Committee on Printing-five members.
22. A Committee to Revise and Supervise the Recording of
the Journal-five members.
RULE 26.
The proceedings of the Convention shall be entered on the
Journals concisely, under the supervision of the President.
RULE 27.
All resolutions presented to this House shall lie on the table one
day before any vote shall be taken on the adoption of the same,
unless by unanimous consent of the House, this rule be waived,
and shall be entered on the Journal only by their title.
RULE 28.
All articles, sections, ordinances and resolutions pertaining
to the Constitution shall be referred to the appropriate com-
mittees without debate.
RULE 29.
A majority of this Convention shall constitute a quorum to
do business, but a smaller number may adjourn from day to
day and order such action as will compel the attendance of ab-
sent members.
RULE 30.
No member shall absent himself from the Convention with-
out leave.

40

RULE 31.
The rules of parliamentary practice comprised in Jefferson's
Manual shall govern the House in all cases to which they are
applicable, and in which they are not inconsistent with the
standing rules and orders of the House.
RULE 32.
Any of these rules may be altered, suspended or rescinded
by a two-thirds vote of the House.
Mr. Mann moved that the report be received;
Which was agreed to.
Mr. Mann moved that further consideration of the report
be laid over until Tuesday.
Mr. Swearingen moved that the motion to postpone be laid
upon the table;
Which was agreed to.
The Convention then proceeded to act upon the rules in
their regular order.
Rule No. 1 was read.
On motion of Mr. Baker Rule No. 1 was adopted.
Rule No. 2 was read.
On motion of Mr. Walter Rule No. 2 was adopted.
Rule No. 3 was read.
On motion of Mr. Walter Rule No. 3 was adopted.
Rule No. 4 was read.
Mr. Randall, of Duval, offered the following amendment:
Strike out the words "to another," and insert the words
" except to make a motion;" also, strike out the word read-
ing and insert being read;"
Which was not agreed to.
Rule No. 4 was then adopted.
Rule No. 5 was read.
On motion of Mr. McCaskill Rule No. 5 was adopted.
Rule No. 6 was read.
Mr. Sheats moved to amend as follows:
No member shall speak more than twice, nor longer than
ten minutes at a time in any one debate on the same question,
without leave of the House.
Mr. Mann moved to lay the amendment on the table;
Which was agreed to.
Mr. Maxwell offered the following :
Amend by striking out the word "day" and insert the
word question;"
Which was adopted.

41

Rule No. 6 was adopted as amended.
Rule No. 7 was read.
On motion of Mr. Baker Rule No. 7 was adopted.
Rule No. 8 was read.
On motion of Mr. Walter Rule No. 8 was adopted.
Rule No 9 was read.
On motion of Mr. Walter Rule No. 9 was adopted.
Rule No. 10 was read.
Upon motion of Mr. Tolbert Rule No. 10 was adopted.
Rule No. 11 was read.
Upon motion of Mr. Rogers Rule No. 11 was adopted.
Rule No. 12 was read.
Mr. Cook moved its adoption.
Mr. Baker moved to strike out the words previous ques-
tion."
Mr. Speer moved to lay the motion to strike out on the
table;
Which was agreed to.
Rule No. 12 was then adopted.
Rule No. 13 was then read.
Mr. Chandler moved its adoption.
Rule No. 13 was adopted.
Rule No. 14 was then read.
Upon motion of Mr. Challen Rule No. 14 was adopted.
Rule No. 15 was read.
Upon motion of Mr. Speer Rule No. 15 was adopted.
Rule No. 16 was read.
Mr. Rogers moved its adoption.
Mr. Baker moved to strike out the words and without de-
bate."
The amendment was adopted.
Rule No. 16 was adopted as amended.
Rule No. 17 was read.
Mr. Challen moved to strike out ten and insert two."
Mr. Bethel moved to lay the motion to strike out upon the
table ;
Which was agreed to.
Mr. Walker, Jr., moved to amend as follows:
Amend by inserting after the word 1" whatever," in the first
line, the following: Except such as shall involve the adop-
tion of a part of the Constitution to be drafted by this Con-
vention."
Also as follows:
Add to Rule 17: "That when the question is upon the
adoption of a proposed part of the Constitution to be drafted

42

by this Convention, it shall be decided by roll call, and it shall
require a majority of all the delegates elected to this Conven-
tion to adopt any part of said Constitution."
Mr. Bethel moved to lay the motions to amend on the table.
Messrs.Walker, Jr., and Conover called for the yeas and nays.
The vote was:
Yeas-Messrs. Bethel, Blackburn. Blount, Broome, Camp-
bell, Clarke of Jefferson, Clark of Jackson, Cook, Davidson,
Davis, Earle, Edge, Fogarty, Genovar, Gillis, Hatch, Haus-
man, Hendley, Henderson, Herndon, Hocker, Hope, Hum-
phries, Hunter, Ives, Johnston, Jones, Landrum, Love, Ma-
lone, Mann, Maxwell, Milton, Monsalvatge, Morgan, McCas-
kill, McClellan, Oliveros, Orman, Parkhill, Parsons, Paterson,
Pelot, Randall of Madison, Randolph, Richard, Robertson,
Rogers, Scott, Speer, Stone, Swearingen, Taylor, Tedder,
Turnbull, Wadsworth, Wall, Weeks, Wellman, Whitmire, Wil-
son and Yonge,-62.
Nays-Messrs. Baker, Bell of Brevard and Dade, Bell of Ham-
ilton, Bennett, Bush, Carter, Carson, Challen, Chandler, Cono-
ver, Duncan, Fowler, Gibbs, Goodbread, Goss, Green, Hargret,
Hicks, Lutterloh, Marshall, Mitchell, McKinnon, Neel, Odom,
Parker, Petty, Randall of Duval, Rowe, Sanchez, Thompson,
Tolbert, Tompkins, Walker, Jr., Walter, Westcott, Wilson of
Polk and Manatee, Wylly and Zipperer-37.
So the motion to lay upon the table prevailed.
Mr. Mann moved to strike out "10" and insert "5 ;"
Which was agreed to.
Mr. Hocker offered the following amendment:
Strike out the word whatsoever" in first line of Rule 17,
and insert in lieu thereof the words "except such as are em-
braced in Rule 24;"
Which was agreed to.
Rule No. 17 as amended was adopted.
Rule No. 18 was read.
Mr. Baker moved to amend as follows:
Insert after the third order of business "consideration oj
resolutions, petitions, memorials and other papers;"
Which was adopted.
Rule No. 18, as amended, was adopted.
The following delegates were excused from further attend-
ance until Monday:
Messrs. Parkhill, Turnbull, Jones, Clarke of Jefferson,
Coker, Zipperer, Lewis, Greeley and Miller.
Rule No. 19 was read.
Mr. Taylor offered the following amendment:
Strike out all of the proviso and substitute the following:

43

" Provided, this rule shall not apply to the action upon the
reports of any of the standing committees from 1 to 18, both
inclusive."
Mr. Gibbs offered the following amendment:
And said motion shall not be acted upon till the following
day of actual session, and shall be placed first in the unfin-
ished business."
The question was upon the adoption of the amendment of
Mr. Gibbs;
Which was not agreed to.
The question was then upon the amendment offered by Mr.
Taylor;
Which was adopted.
Rule No. 19, as amended, was then adopted.
Rule No. 20 was then read and adopted.
Rule No. 21 was read and adopted.
Rule No. 22 was read and adopted.
Rule No. 23 was read.
Mr. Randall moved to amend by striking out the word
"contents" and inserting subject;"
Which was agreed to, and the Rule, as amended, was adopted.
Rule No. 24 was read.
Mr. Yonge offered the following amendment:
And when any section, ordinance or resolution of the Con-
stitution shall have been read the third time, the same shall
be put to a vote upon the question of its final adoption, which
vote shall in all cases he taken by yeas and nays by calling the
roll, and said vote shall be spread upon the Journal; and it
shall require a majority vote of all members elected to this
Convention to adopt any section, article or ordinance of the
Constitution."
Mr. Mann moved to amend the amendment by inserting the
word final before the word reading."
Which was accepted and the amendment and Rule, as
amended, were adopted.
Rule No. 25 was read.
Rule No. 25 was adopted.
Rule No. 26 was read.
Upon motion, Rule No. 26 was adopted.
Rule No. 27 was read.
Upon motion, Rule 27 was adopted.
Rule No. 28 was read.
Upon motion, Rule 28 was adopted.
Rule No. 29 was read.
Upon motion, Rule No. 29 was adopted.
Rule No. 30 was read.

44

"Upon motion, Rule No. 30 was adopted.
Rule No. 31 was read.
Upon motion, Rule No. 31 was adopted.
Mr. Yonge moved that the vote by which Rule 18 was
adopted be reconsidered;
Which was agreed to.
Mr. Yonge offered the following amendment to Rule 18:
That Rule 18 be amended by inserting after reports of se-
lect committees the following:
7. Consideration of sections, articles and ordinances on their
first reading.
8. Consideration of sections, articles and ordinances on their
second reading.
9. Consideration of sections, articles and ordinances on their
third reading.
10. Unfinished business.
11. Special order;
Which was agreed to.
Mr. Randall offered the following as Rule 32;
32. If any person shall commit any contempt of this Con-
vention, or breach of privilege, he shall be punished therefore
as the House may direct, and the President shall have power
to order the Sergeant-at-Arms to take into custody, and bring
before the Bar of the House, any person guilty of such con-
tempt or breach of privilege;
Which was adopted.
Mr. Conover moved that regular hours of meeting be 10
o'clock A. M., unless otherwise ordered;
Which was adopted as Rule No. 33.
Rule No. 34 was read.
Upon motion of Mr. Speer, Rule No. 34 was adopted.
Mr. Walter moved that the rules, as amended, be adopted as
a whole;
Which was agreed to.
Mr. Bethel moved that 200 copies of the Rules be printed
for the use of the members.
Mr. Baker moved to amend by making it 500;
Which was lost.
Mr. Mann moved to amend by making it 400;
Which was agreed to.
The resolution, as amended, was then adopted.
On motion of Mr. Mitchell, the Convention adjourned until
10 o'clock A. M. Monday next.

45

STANDING RULES OF THE CONVENTION.

RULE 1.
The President shall take the chair every day at the hour to
which the House shall have adjourned on the preceding .day,
and shall immediately call the Convention to order. The roll
shall then be called, and on the appearance of a quorum the
Journal of the preceding day shall be read.
RULE 2.
He shall preserve order and decorum; may speak to points
of order in preference to other members, rising from his seat
for that purpose, and shall decide questions of order, subject to
an appeal to the House, on which appeal no member shall
speak more than once, unless by leave of the House.
RULE 3.
He shall rise to put the question, but may state it sitting.
RULE 4.
No member shall speak to another, or otherwise interrupt
the business of the Convention, or read any newspaper, while
the Journals or public papers are reading, or when any mem-
ber is speaking in debate.
RULE 5.
Every member, when he speaks, shall address the Chair,
standing in his place, and when he has finished shall sit down.
RULE 6.
No member shall speak more than twice in any one debate,
on the same question, without the leave of the House.
RULE 7.
When two or more members shall rise at the same time, the
President shall name the person entitled to proceed.
RULE 8.
When a member shall be called to order, he shall sit down
until the President shalL.have determined whether he is in
order or not, and every question of order shall be decided by
the President without debate, subject to an appeal to the

46

House, and every member shall confine himself strictly to the
point in debate, avoiding all personal, indecorous or disrespect.
ful language.
RULE 9.

If a member be called to order for words spoken, the excep-
tionable words shall immediately be taken down in writing by
the President.
RULE 10.
No motion shall be debated until the name shall be seconded
and stated by the Chair.
RULE 11.
When a motion shall be made and seconded, it shall be re-
duced to writing if desired by the President.
RULE 12.
When a question is under debate the President shall receive
no motion but to adjourn, to lay on the table, for the previous
question, to postpone to a day certain, to commit, to amend or
to postpone indefinitely, which several motions shall have
precedence in the order in which they stand arranged, and a
motion to adjourn and to lay on the table shrll be decided
without debate. If an amendment to any subject under con-
sideration be laid on the table or postponed, such action shall
not carry the subject matter with it.
RULE 13.
When a motion or proposition is under consideration, a mo-
tion to amend, and a motion to amend that amendment shall
be in order, and it shall also be in order to offer a further
amendment by way of substitute, to which one amendment
may be offered, but which shall not be voted on until the origi-
nal matter is perfected, but either may be withdrawn before
amendment or decision is had thereon.
RULE 14.
A question containing two or more propositions capable of
division shall be divided whenever desired by any member. A
motion to strike out and insert shall be deemed indivisible, but
a motion to strike out being lost shall neither preclude amend-
ment nor a motion to strike out and insert.
RULE 15.
In filling up blanks the largest sum and longest time shall
be first put.

47

RULE 10.
When the reading of a paper is called for and the same is
objected to by any member, it shall be determined by vote of
the House.
RULE 17.
On all questions and motions, (except such as are embraced in
Rule 24,) the President shall take the sense of the House by
yeas and nays, provided five of the members present shall so
require. When the yeas and nays are taken, the roll of the
House shall be called in alphabetical order, and no member
shall be allowed to vote who shall not be upon the floor of
the House at the time his name is called, or before the roll call
is finished.
RULE 18.
The following order shall be observed in taking up the busi-
ness of the Convention :
1. Reading of the Journal and the correction of the same.
2. Introduction of memorials, petitions or other papers ad-
dressed to the Convention or its President.
3. Introduction of resolutions.
4. Consideration of resolutions, petitions, memorials and
other papers.
5. Articles and Ordinances.
6. Reports of standing committees in the order of their
numbers.
7. Reports of select committees.
8. Consideration of sections, articles and ordinances on their
first reading.
9. Consideration of sections, articles and ordinances on their
second reading.
10. Consideration of sections, articles and ordinances on their
third reading.
11. Unfinished business.
12. Special orders.
RULE 19.
When a question has been once made and carried in the af-
firmative or negative, it shall be in order for any member of the
prevailing side to move for the reconsideration thereof, nor
shall any motion for reconsideration be in order unless made on
the same day on which the vote was taken, or the next day of
the actual session of the Convention; Provided, This rule shall
not apply to the action upon the reports of any of the standing
committees from 1 to 18, both inclusive.

48

RULE 20.
On a question when the yeas and nays are called for, in the
event of a tie, the question shall be decided in the negative.
RULE 21.
All questions shall be put by the President, and the mem-
bers shall signify their assent or dissent by answering viva voce
aye or no.
RULE 22.
The President of the Convention or President pro tern. shall
have the right to name a member to perform the duties of the
Chair, but such substitute shall not extend beyond an adjourn-
ment.
RULE 23.
Before any petition, memorial or resolution addressed to the
Convention shall be received and read at the table, whether
the same be introduced by the President or a member, a brief
statement of the subject of the petition or memorial shall ver-
bally be made by the introducer.'
RULE 24.
Every section of the Constitution shall receive three readings
previous to its being adopted; the President shall give notice
at each whether it be the first, second or third, which readings
shall be on three different days, unless two-thirds of the House
declare otherwise; and when any Section, Ordinance or Reso-
lution of the Constitution shall have been read the third time,
the same shall be put to a vote upon the question of its final
adoption, which vote shall in all cases be taken by ayes and
noes, by calling the roll, and said vote shall be spread upon the
Journal, and it shall require a majority vote of all the mem-
bers elected to this Convention to adopt any Section, Article or
Ordinance of the Constitution.
RULE 25.
The Standing Committees of this Convention shall be as fol-
lows, and shall consist of nine members each, unless otherwise
specified:
1. A Committee on Preamble and Bill of Rights.
2. A Committee on the Legislative Department-of eleven
members.

49

3. A Committee on the Executive and Administrative De-
partment.
4. A Committee on the Judicial Department-thirteen mem-
bers.
5. A Committee on Census, Apportionment and Boundaries-
thirteen members.
6. A Committee on Suffrage and Eligibility-eleven mem-
bers.
7. A Committee on Education.
8. A Committee on Homestead and Exemption and Prop-
erty of Married Women.
9. A Committee on Public Institutions.
10. A Committee on Taxation and Finance-eleven mem-
bers.
11. A Committee on Private Corporations.
12. A Committee on Militia.
13. A Committee on the Amendments to the Constitution.
14. A Committee on County, Township and City Organiza-
tions.
15. A Committee on Miscellaneous Provisions.
16. A Committee on Style and Arrangement of the Consti-
tution-eleven members.
17. A Committee on Schedule.
18. A Committee on Temperance-seven members.
19. A Committee on Engrossment and Enrollment-five
members.
20. A Committee on Expenditures-five members.
21. A Committee on Printing-five members.
22. A Committee to Revise and Supervise the Recording of
the Journal-five members.
RULE 26.
The proceedings of the Convention shall be entered on the
Journals concisely, under the supervision of the President.
RULE 27.
All resolutions presented to this House shall lie on the table
one day before any vote shall be taken on the adoption of the
same, unless by unanimous consent of the House this rule be
waived, and shall be entered on the Journal only by their title.
4

50

RULE 28.
All articles, sections, ordinances and resolutions pertaining
to the Constitution shall be referred to the appropriate com-
mittees without debate.
RULE 29.
A majority of this Convention shall constitute a quorum to
do business, but a smaller number may adjourn from day to
day and order such action as will compel the attendance of ab-
sent members.
RULE 30.
No member shall absent himself from the Convention with-
out leave.
RULE 31.
The rules of parliamentary practice comprised in Jefferson's
Manual shall govern the House in all cases to which they are
applicable, and in which they are not inconsistent with the
standing rules and orders of the House.
RULE 32.
If any person shall commit any contempt of this Conven-
tion, or breach of privilege, he shall be punished therefore as
the House may direct; and the President shall have power to
order the Sergeant-at-Arms to take into custody and bring be-
fore the bar of the House any person guilty of such contempt
or breach of privilege.
RULE 33.
The regular hour for the Convention to meet shall be 10
o'clock A. M., unless otherwise ordered.
RULE 34.
Any of these rules may be altered, suspended or rescinded
by a two-thirds vote of the House.

51

SIXTH DAY.

MONDAY, JUNE 15, 1885.
The Convention met pursuant to adjournment.
The roll being called the following members answered to
their names :
Mr. President, Messrs. Baker, Bell of Brevard and Dade,
Bell of Hamilton, Bennett, Bethel, Blackburn, Blount, Broome,
Bush, Campbell, Carter, Carson, Challen, Chandler, Clarke of
Jefferson, Clark of Jackson, Conover, Cook, Davidson, Davis,
Duncan, Earle, Edge, Fogarty, Fowler, Genovar, Gibbs,,Gillis,
Goodbread, Goss, Greeley, Green, Hargret, Hatch, Hausman,
Hendley, Henderson, Herndon, Hocker, Hope, Humphries,
Hunter, Ives, Johnston, Landrum, Lesley, Lutterloh, Mann,
Marshall, Maxwell, Miller, Milton, Mitchell, Monsalvatge,
Morgan, McCaskill, McClellan, McKinnon, Neel, Odom, Oli-
veros, Orman, Parker, Parsons, Paterson, Pelot, Petty, Ran-
dall of Duval, Randall of Madison, Randolph, Richard, Rob-
ertson, Rogers, Rowe, Sanchez, Scott, Sheats, Speer, Stone,
Swearingen, Taylor, Tedder, Thompson, Tolbert, Tompkins,
Wadsworth, Walker, Jr., Wall, Walter, Weeks, Wellman,
Westcott, Whitmire, Wilson of Clay, Wilson of Polk and
Manatee, Wylly, Yonge and Zipperer-99.
A quorum present.
Prayer by the Chaplain.
Mr. Walter moved that the reading of the Journal be dis-
pensed with;
Which was agreed to.
The Journal was corrected and approved.
Mr. Randall, of Madison, offered a resolution relative to
elections.
Mr. Hendley offered a resolution relative to elections and
terms ofoofficers.
Also, a resolution relative to apportionment.
Mr. Fowler offered a resolution relative to appeals.
Also, a resolution relative to suffrage.
Also, a resolution relative to Internal Improvement Board.
Mr. Rogers offered a resolution to regulate railroad tariffs.
Mr. Morgan offered a resolution relative to electors and
franchise.
Mr. Stone offered a resolution relative to cost in criminal
cases.

52

Also, a resolution relative to elections.
Also, a resolution relative to Board of Education.
Mr. Tolbert offered a resolution relative to the election of
officers.
Mr. Walker, Jr., offered a resolution relative to the election
of officers.
Mr. Rogers offered a resolution relative to poll tax.
Mr. Parker offered a resolution declaring that the Constitu-
tion shall place no restriction or limitation on the power of the
Legislature to organize new counties.
Mr. Randolph offered the following resolution:
Resolved, That we proceed to the election of a Vice Pres-
ident or President pro ter. for this Convention.
Mr. Mann offered the following resolution:
Whereas; In the organization of Conventions of the char-
acter and purpose of this body, it has been usual to elect
one or more Vice-Presidents, (or Presidents pro tem.) to take
the Chair when the President may desire to become an active
member, engaging in the debates of the body, or from sick-
ness or other cause may be unable to serve; I therefore move
that we proceed to complete our organization by the election
of two (2) Vice-Presidents, and nominate for these positions
Hon. J. E. Yonge, of Escambia, and Hon. John T. Lesley, of
Hillsborough.
Mr. Chandler moved that the rule be waived and that the
Convention proceed to the election of two Vice-Presidents, in
accordance with the resolution just read;
Which was agreed to.
Mr. Fowler moved to elect by acclamation; which was
agreed to, and Mr. Yonge and Mr. Lesley were declared unan-
imously elected to the positions of First and Second Vice-
Presidents of this Convention, in the order as named.
Mr. Johnston offered a resolution to regulate charges by
railroad, telegraph and express companies.
Mr. Orman offered a resolution relative to apportionment
and representation.
Mr. Carter offered a resolution relative to the judicial
system.
Mr. Paterson moved that inasmuch as Mr. George Dice, one
of the messengers of this body, was temporarily excused on
last Saturday on account of sickness in his family, and has not
yet returned, that the sergeant-at-arms be required to secure the
assistance of a messenger until Mr. Dice returns.
Mr. McKinnon moved, to lay the motion on the table;
Which was agreed to.

53

The President announced the following standing commit-
tees:
1. On Preamble and Bill of Rights.
MR. MILTON, Chairman.
Messrs. PATERSON, HENDLEY,
HUMPHRIES, BELL, of Brevard,
BLACKBURN, MILLER,
CAMPBELL, CARR.
2. Legislative Department.
MR. BETHEL, Chairman.
Messrs. OLIVEROS, HOPE,
TAYLOR, GREEN,
SWEARINGEN, HENDERSON,
McKINNON, CONOVER,
DUNCAN, THOMPSON.
3. Executive and Administrative Department.
MR. MAXWELL, Chairman.
Messrs. MARSHALL, COOK,
YONGE, PARKER,
BENNETT, ROWE,
FOGARTY, MITCHELL.
4. Judicial Department.
MR. SANCHEZ, Chairmain.
Messrs. MILTON, WALKER, JR.,
BLOUNT, WESTCOTT,
MALONE, GILLIS,
WILSON, of Polk and CLARKE, of Jefferson,
Manatee,
CARTER, RANDALL, of Duval,
MANN, MILLER.
5. Census, Apportionment and Boundaries.
Mr. McCLELLAN, Chairman.
Messrs. LOVE, SPEER,
LESLEY, CLARKE of Jefferson,
HOCKER, COKER,
TEDDER, WHITMIRE,
JOHNSTON, CHANDLER,
WELLMAN, BAKER.

54

6. Suffrage and Eligibility.

Mr. MANN,
/ Messrs. PELOT,
ORMAN,
MONSALVATGE,
WALKER, JR.,
TOLBERT,

Chairman.
GOODBREAD,
TURNBULL,
ODOM,
GOSS,
GIBBS.

7. Education.
Mr. WALL, Chairman.
Messrs. SHEATS, CARTER,
LANDRUM, SCOTT,
IVES, LEWIS,
PATERSON, CHANDLER.
8. Homestead and Exemptions and Married Woman's Prop-
erty.
Mr. ORMAN, Chairman.
Messrs. BROOME, PARKIIILL,
MALONE, BUSH,
LANDRUM, RANDALL, of Duval,
RICHARD, MITCHELL.
9. Public Institutions.
Mr. HOCKER, Chairman.
Messrs. LUTTERLOH, MORGAN,
RANDOLPH, CLARK, of Jackson,
BELL, of Hamilton, PETTY,
CAMPBELL, CONOVER.
10. Taxation and Finance.
Mr. McCASKILL, Chairman.
Messrs. BETHEL, EARLE,
BLOUNT, GENOVAR,
JONES, RANIOLPII,
PARSONS, GREELEY,
WEEKS, FOWLER.
11. Private Corporations.
Mr. LESLEY, Chairman,
Messrs. EARLE, EDGE,
WYLLY, HAUSMAN,
HUNTER, CHALLEN,
McCLELLAN, HARGRET.

55

12. Militia.
Mr. SWEARINGEN, Chairman.
Messrs. PARKHILL, COKER,
FOGARTY, IVES,
WEEKS, FOWLER,
RANDALL, of Madison, TOMPKINS.
13. Amendments to Constitution.
Mr. WESTCOTT, Chairman.
Messrs. McKINNON, DAVIS,
DAVIDSON, WADSW NORTH,
WILSON, of Clay, TOMPKINS,
HICKS, BAKER.
14. County, T,.'o Jri. and City Organization.
Mr. YONGE, Chairman.
Messrs. MONSALVATGE, HAUSMAN,
SHEATS, HICKS,
GENOVAR, WALTER,
LUTTERLOH, CARR.
15. JI;...:.ilT.rs,'.' Provisions.
Mr. LOVE, Chairman.
Messrs. McCASKILL, HERNDON,
WILSON of Polk, STONE,
WELLMAN, PETTY,
CARSON, CHALLEN.
16. Style and Arrangenent of Constitution.
Mr. TAYLOR, Chairman.
Messrs. MAXWELL, HUMPHRIES,
DAVIDSON, TOLBERT,
JONES, WYLLY,
DAVIS, WALTER,
HENDLEY, ROWE.
17. Schedule.
Mr. PELOT, Chairman.
Messrs. BENNETT, WHITMIRE,
ROGERS, ROBERTSON,
HATCH, GOSS,
NEEL, ZIPPERER.

56

18. Temperance.
Mr. SPEER, Chairman.
Messrs. MARSHALL, BUSH,
ROGERS, GREELEY,
HUNTER, HARGRET.
19. Enrollment and Engrossment.
Mr. OLIVEROS, Chairman.
Messrs. HOPE, DUNCAN,
RANDALL, of Madison, THOMPSON.
20. Expenditures.
Mr. BROOME, Chairman.
Messrs. GREEN, COOK,
MORGAN, ZIPPERER.
21. Printing.
Mr. TURNBULL, Chairman.
Messrs. JOHNSTON, BLACKBURN,
WALL, GIBBS.
22. Revise and Supervise Recording of Journal.
Mr. GILLIS, Chairman.
Messrs. NEEL, ODOM,
SCOTT, LEWIS.
Which were read.
Mr. Oliveros moved that 200 copies of the committees just
read be printed for the use of the Convention.
Mr. Taylor moved to increase the number to 300;
Which was accepted, and the motion agreed to.
Mr. Conover was excused on account of sickness.
Mr. Yonge moved that all resolutions on the Clerk's desk
be read by their titles and referred to appropriate committees;
Which was agreed to, and the following resolutions were
read by their titles and referred, as follows:
By Mr. Bennett, Resolution No. 1: Relative to the Liquor
Traffic.
Referred to the Committee on Temperance.
By Mr. Campbell, Resolution No. 2: Relative to the election
of officers.
Referred to the Committee on Judiciary.
By Mr. Wilson of Polk, Resolution No. 3: On limiting Leg-
islation.

57

Referred to the Committee on Legislative Department.
By Mr. Randall of Madison, Resolution No. 4 : In reference
to elections.
Referred to Committee on Judiciary.
By Mr. Hendley, Resolution No. 5: Relating to elections
and terms of officers.
Referred to Committee on Constitutional Amendments.
By Mr. Hendley, Resolution No. 6: Relative to apportion-
ment.
Referred to Committee on Census, Apportionment and
Boundaries.
By Mr. Fowler, Resolution No. 7: Relative to appeals.
Referred to Committee on Judiciary.
By Mr. Fowler, Resolution No. 8: Relative to suffrage.
Referred to the Committee on Suffrage and Eligibility.
By Mr. Fowler, Resolution No. 9: In relation to Board of
Internal Improvement.
Referred to the Legislative Committee.
By Mr. Rogers, Resolution No. 10: To regulate railroad
tariffs.
Referred to the Judiciary Committee.
By Mr. Morgan, Resolution No. 11: Relative to electors and
franchise.
Referred to Committee on Suffrage and Eligibility.
By Mr. Stone, Resolution No. 12: Relative to costs in crim-
inal cases.
Referred to Committee on Taxation and Finance.
By Mr. Stone, Resolution No. 13 : In relation to electors.
Referred to Committee on Suffrage and Eligibility.
By Mr. Stone, Resolution No. 14: Relative to Boards of
Education.
Referred to Committee on Judiciary.
By Mr. Tolbert, Resolution No. 15: Relative to the election
of officers.
Referred to Committee on Suffrage and Eligibility.
By Mr. Walker, Jr., Resolution Nol6: Relative to election
of officers.
Referred to Committee on Judiciary.
By Mr. Rogers, Resolution No. 17: Relative to poll tax.
Referred to the Committee on Finance and Taxation.
By Mr. Parker, Resolution No. 18: Declaring that the Con-
stitution shall place no restrictions or limitations on the power
of the Legislature to organize new counties.
Referred to the Legislative Committee.
By Mr. Johnston, Resolution No. 19: To regulate the
charges by railroad, telegraph and express companies.
i

58

Referred to the Committee on Private Corporations.
By Mr. Orman, Resolution No. 20: Relative to apportion-
ment and representation.
Referred to Committee on Legislative Department.
By Mr. Carter, Resolution No. 21: Relative to the judicial
system.
Referred to Committee on Judiciary.
By Mr. Randall of Duval, Resolution No. 22: Relative to
submitting the Constitution to a vote of the people.
Referred to Committee on Schedule.
Mr. Randall, of Duval, called up the following resolution
offered by him on Saturday :
Resolved, That the Constitution to be formed by this Con-
vention shall be submitted to a vote of the registered voters of
this State and adopted by a majority of votes cast before the
same shall be in force," and moved its adoption.
Mr. Chandler moved to amend as follows :
Before the word "that," add "that it is the sense of this
Convention;"
Which was accepted.
Mr. Baker moved to suspend the rules and take up the res-
olution.
The yeas and nays were called for.
The vote was:
Yeas-Messrs. Baker, Bell of Hamilton, Bethel, Bush,
Campbell, Carr, Challen, Chandler, Edge, Fogarty, Fowler,
Gibbs, Goodbread, Goss, Greeley, Green, Hargret, Lesley,
Maxwell, Mitchell, Monsalvatge, McCaskill, McClellan, Mc-
Kinnon, Neel, Pelot, Petty, Randall of Duval, Randolph,
Rogers, Sanchez, Sheats, Thompson, Tolbert, Tompkins,
Walker, Jr., Wall, Walter, Whitmire, Yonge and Zipperer-41.
Nays-Messrs. Bell of Brevard and Dade, Bennett, Black-
burn, Blount, Broome, Carter, Carson, Clarke of Jefferson,
Clark of Jackson, Cook, Davidson, Davis, Duncan, Earle,
Genovar, Gillis, Hatch, Hausman, Hendley, Henderson, Hern-
don, Hocker, Hope, Humphries, Hunter, Ives, Johnston, Lan-
drum, Lutterloh, Marshall, Milton, Morgan, Odom, Oliveros,
Orman, Parker, Parsons, Paterson, Randall of Madison,
Richard, Robertson, Rowe, Scott, Speer, Stone, Swearingen,
Taylor, Tedder, Wadsworth, Weeks, Wellman, Westcott, Wil-
son of Clay, Wilson of Polk and Manatee, and Wylly-57.
So the motion to suspend the rules was lost, and the resolu-
tion was referred to the Committee on Schedule.
Mr. Randall, of Duval, moved that the committee be in-
structed to report on the resolution to-morrow ;

59

Which was agreed to.
Mr. Speer asked to have all papers in his hands relating to
temperance referred to the Standing Committee on Temper-
ance;
"Which was agreed to.
Mr. Maxwell asked an indefinite leave of absence for Mr.
Greeley on account of the sickness of Mrs. Greeley;
Which was granted.
Mr. McCaskill moved that the Convention do now adjourn
to give the committees time to work ;
Which was agreed to, and the Convention was adjourned un-
til 10 o'clock A. M. to-morrow.

SEVENTH DAY.

TUESDAY, JUNE 16, 1885.
The Convention met pursuant to adjournment.
The roll was called and the following delegates answered to
their names:
Mr. President, Messrs. Baker, Bell of Brevard and Dade,
Bell of Hamilton, Bennett, Bethel, Blackburn, Blount, Broome,
Bush, Campbell, Carter, Carr, Challen, Chandler, Clarke of
Jefferson, Clark of Jackson, Coker, Conover, Cook, Davidson,
Davis, Duncan, Earle, Edge, Fogarty, Fowler. Genovar, Gibbs,
Gillis, Goodbread, Goss, Green, Hargret, Hatch, Hausman,
Hendley, Henderson, Herndon, Hicks, Hocker, Hope, Hum-
phries, Hunter, Ives, Johnston, Jones, Landrum, Lesley,
Lewis, Love, Lutterloh, Malone, Mann, Marshall, Maxwell,
Miller, Milton, Mitchell, Monsalvatge, Morgan, McCaskill,
McClellan, McKinnon, Neel, Odom, Oliveros, Orman, Parker,
Parkhill, Parsons, Paterson, Pelot, Petty, Randall of Duval,
Randall of Madison, Randolph, Richard, Robertson, Rogers,
Rowe, Sanchez, Scott, Sheats, Speer, Stone, Swearingen, Tay-
lor, Tedder, Thompson, Tolbert, Tompkins, Turnbull, Wads-
worth, Walker, Jr., Wall, Walter, Weeks, Wellman, Westcott,
Whitmire, Wilson of Clay, Wilson of Polk and Manatee,
Wylly, Yonge and Zipperer-106.
A quorum present.
Prayer by the Chaplain.

60

Mr. Challen moved that the reading of the Journal be dis-
pensed with;
Which was agreed to.
The Journal was corrected and approved.
Mr. Carson was excused on account of sickness.
Mr. Bell, of Hamilton, was indefinitely excused on account
of sickness.
Mr. Bell, of Brevard, was excused on account of sickness.
It was moved and carried that all memorials and petitions
be read only by their title and referred to the appropriate com-
mittees.
Mr. Hocker introduced several petitions on the subject of
temperance from the citizens of Sumter county;
Which were read and referred to the Committee on Temper-
ance.
Mr. Randall introduced a communication addressed to the
Convention in regard to the exorbitant rates charged by cor-
porations;
Which was read and referred to Committee on Private Cor-
porations.
The following resolutions were introduced:
By Mr. Hendley, Resolution No. 23: Relating to jurisdic-
tion of courts;
Which was referred to Committee on Judiciary Depart-
ment.
By Mr. Clark, of Jackson, Resolution No. 24: On Special
Taxation;
Which was referred to Committee on Finance and Taxa-
tion.
By Mr. Morgan, Resolution No. 25: Relative to Home-
steads;
Which was referred to Committee on Homesteads.
By Mr. Jones, Resolution No. 26: Relative to exemptions;
Which was referred to Committee on Homesteads.
By Mr. Davis, Resolution No. 27: Relative to grand jurors;
Which was referred to the Committee on Judiciary Depart-
ment.
By Mr. McKinnon, Resolution No. 28: Relative to blanks
for committees.
By Mr. Mann, Resolution No. 29: Relative to printing res-
olutions;
Which was laid over under the rules.
By Mr. Gillis, Resolution No. 30: Relative to blank reports;
Which was laid over under the rules.
By Mr. Gillis, Resolution No. 31: Mode of amending the
Constitution;

61

Which was referred to Committee on Constitutional Amend-
ments.
By Mr. Speer, Resolution No 32: Prohibiting transporta-
tion companies in Florida from issuing free passes to all office-
holders;
Which was read and referred to Committee on Miscellaneous
Provisions.
By Mr. Marshall, Resolution No. 33: Relative to duties of
standing committees;
Which was read.
By Mr. Wylly, Resolution No. 34: For the appointment of
a special committee on Public Health;
Which was read.
By Mr. Miller, Resolution No. 35: Relative to the introduc-
tion of resolutions;
Which was laid over under the rules.
By Mr. Hunter, Resolution No. 36: To regulate the liquor
traffic ;
Which was read and referred to Committee on Temperance.
By Mr. Rogers, Resolution No. 37: To make rolling stock
of railroads personal property ;
Which was read and referred to Committee on Finance and
Taxation.
By Mr. Rogers, Resolution No. 38: Relative to selection
of jurors;
Which was read and referred to Committee on Judicial De-
partment.
By Mr. Rogers, Resolution No. 39: Relative to divorce
Which was read and referred to Committee on Judicial De-
partment.
By Mr. Bush, Resolution No. 40: Relative to Agricultural
College;
Which was read and referred to Committee on Education.
By Mr. Blackburn, Resolution No. 41: Relating to temper-
ance;
Which was read and referred to Committee on Temperance
By Mr. Blackburn, Resolution No. 42: Relating to poll tax;
Which was read and referred to Committee on Finance and
Taxation.
By Mr. Bush, Resolution No. 43: On apportionment of rep-
resentation ;
Which was read and referred to Committee on Census, Ap-
portionment and Boundaries.
By Mr. Carter, Resolution No. 44: Relating to exemptions;
Which was read and referred to Committee on Homesteads.

62

By Mr. Mann, Resolution No. 45: Relative to introduction
of new matter;
Which was read by consent, and on motion of Mr. Challen,
was laid on the table.
By Mr. Mann, Resolution No. 46: Relative to county
divisions;
Which was read and referred to Committee on Township,
County and City Organization.
By Mr. Mann, Resolution No. 47: Relative to bribery of
officials;
Which was read and referred to Committee on Judicial De-
partment.
By Mr. Mann, Resolution No. 48: Relative to condemna-
tion of private property ;
Which was read and referred to Committee on Judicial De-
partment.
By Mr. Mann, Resolution No. 49: Relative to homestead
exemptions ;
Which was read and referred to Committee on Homestead.
By Mr. Walter, Resolution No. 50 : Relative to homesteads;
Which was read and referred to Committe on Homestead.
By Mr. Miller, Resolution No. 51: Relative to the passage
by the Legislature of private bills and bills changing boundary
lines of counties;
Which was read and referred to Committee on Miscellaneous
Provisions.
By Mr. Miller, Resolution No. 52: That women be allowed
to vote on the election of school officers, on all questions relat-
ing to schools, and be eligible for election to any office per-
taining to the management of schools;
Which was read and referred to Committee on Suffrage and
Eligibility.
By Mr. Johnston, Resolution No. 53: To prescribe and de-
fine certain disqualifications for office under the Constitution
and laws of this State ;
Which was read and referred to Committee on Suffrage and
Eligibility.
By Mr. Walker, Jr., Resolution No. 54: Requiring com-
mittees to report within seven days;
Which was read and laid over under the rule.
By Mr. Greeley, Resolution No 55: To establish Muni-
cipal Court; 4
Which was read and referred to Committee on Judiciary
Department.
By Mr. Conover, Resolution No. 56: Changing Rule No.
23 of this Convention;

63

Which was read and referred to Committee on Rules.
By Mr. Thompson, Resolution No. 57: Relative to duties
of Standing Committees of this body;
Which was read and laid over under the rule.
By Mr. Turnbull, Resolution No. 58: Relative to vote on
the liquor question ;
Which was read and referred to Committee on Temperance.
By Mr. Ives, Resolution No. 59: To limit period of im-
prisonment for fines ;
Which was read and referred to Committee on Judiciary De-
partment.
By Mr. Ives, Resolution No. 60: To abolish swearing to
common law pleas;
Which was referred to Committee on Judiciary Depart-
ment.
By Mr. Ives, Resolution No. G : Relative to printing pro-
ceedings of this Convention;
Which was read and laid over under the rules.
By Mr. Ives, Resolution No. 62: Relating to appeals from
trials in inferior courts;
Which was referred to Committee on Judiciary Department.
By Mr. Landrum, Resolution No. 63: Relative to the tenure
of office;
Which was read and referred to the Committee on Judiciary
Department.
By Mr. Parkhill, Resolution No. 64: Relative to election of
officers;
Which was read and referred to the Committee on Suffrage
and Eligibility.
By permission Mr. Lesley offered the following:
The members of the Convention are most respectfully in-
vited to visit, at any time, the museums and cabinets of the
University in the building of the M\dical Department. The
janitor is present there all the time, and will ever be ready to
admit all visitors.
J. KosT, Chancellor.
Which was read, and, upon motion, the invitation was ac-
cepted and the thanks of this body returned.
Mr. Mann moved as follows:
Moved, That Rule 27 be amended so as to read as follows:
After shall," in first line, insert be read by its title."
In last line strike out entered and insert' spread."
In same line strike out only by their title."
Mr. Miller moved that the rules be waived and the motion of
Mr. Mann be acted upon immediately.

64

The question was upon the suspension of the rule;
Which was not agreed to.
The following resolution, offered by Mr. McKinnon, was
taken up:
Resolved, That the sergeant-at-arms be directed to have
blank notices prepared for the use of the chairman of each of
the standing committees, and that the chairman of said com-
mittees be required to give written notice to each of the mem-
bers present, of their respective committees, of the time and
place of the meeting of the committee;
Which was read.
On motion of Mr. Green the rule was suspended and the res-
olution adopted.
The following resolution, offered by Mr. Marshall, was
taken up:
Resolved, That the several standing committees of this Con-
vention are instructed to examine, without unnecessary delay,
all resolutions, ordinances, petitions, or other matters referred
to them by this body, for the purpose of ascertaining whether
any of the same, or any part thereof, cannot be properly con-
sidered and reported upon by them, and that they, as early as
possible, report back to the Convention all matters improperly
referred, with their recommendation as to the proper referecan
to be made;
Which was read.
On motion, the rules were suspended and the resolution
adopted.
The following resolution, offered by Mr. Wylly, was taken
up:
Whereas, In the list of standing committees of this Conven-
tion there is none whose duty it is to take measures for the
protection of residents of the State against the importation of
disease from abroad, or the spreading of such diseases within
the boundaries of the State; therefore, be it
Resolved, That a special committee of seven be appointed
by the President to take charge of all communications relating
to the question of quarantine, or the qualifications necessary
for the practice of medicine in the State, and everything re-
lating to the public health, and report their deliberations and
recommendations to this Convention;
Which was read.
On motion the rule was suspended and the resolution
adopted.
Mr. Blount introduced Ordinance No. 1: Defining the dis-

65

tribution of judicial powers, and providing for the appointment
of Judges;
Which was read by its title and referred to the Judiciary
Department Committee.
Mr. Blount introduced Ordinance No. 2: Providing for the
creation of criminal courts for the counties of Duval, Escam-
bia and Monroe;
Which was read by its title and referred to the Committee
on Judiciary Department.
Mr. Yonge introduced Ordinance No. 3: Section of Ar-
ticle No. -, embracing Executive and Administrative De-
partment, relating to election of Governor ;
Which was read and referred to the Executive and Adminis-
trative Committee.
Mr. Baker was granted a leave of absence for two days after
to-day.
Mr. Paterson was granted a leave of absence for two days
after to-day.
Mr. Pelot, Chairman of Committee on Schedule, made the
following report:
CONVENTION HALL, TALL\IIASSEE, FLA., June 16, 1885.
HON. SAMUEL PASCO,
President of the Constitutional Convention:
SIR: Your Committee on Schedule would respectfully re-
port that they have had under consideration the special matter
referred, and while they do not admit its necessity at: the
present stage of our proceedings, or that there exists serious
fears as to the future action of the Convention in this matter,
yet that no foundation be given, from which improper inferences
may be drawn, or the harmony of our actions be disturbed,
your committee would report back the resolution as revised
and recommend its adoption.
RESOLUTION AS REVISED.
Resolved, That it is the sense of this Convention that the
Constitution to be formed by this Convention shall be sub-
mitted to a vote of the legally qualified electors of this State,
and be adopted by a majority of the votes cast before the same
shall be in force.
J. C. PELOT, Chairman.
Which was read.
Upon motion the report was received and adopted.
Mr. Bethel, Chairman of the Committee on Legislative De-
partment, made the following report:
5

66

CONVENTION HALL, TALLAHASSEE, FLA., June 16, 1885.
HON. SAMUEL PASCO,
President of the Convention :
SIR: Your Committee on Legislative Department, to whom
was referred Resolution in re Board of Internal Im-
provement, also, Resolution relative to apportionment and
representatives; also, Resolution declaring that the Conven-
tion shall place no restrictions or limitations on the power of
the Legislature to organize new counties; beg leave to report,
that they have considered the same, and finding that said reso-
lutions do not in any manner refer to the Legislative Depart-
ment, would recommend that the Resolution in re Board of
Internal Improvement be referred to the Committee on Judicial
Department; also. iResolution relative to apportionment and
representatives; also, Resolution declaring that the Constitu-
tion shall place norestrictions or limitations on the nower of
the Legislature to organize new counties, be referred to the
Committee on Census, Apportionment and Boundaries.
Very respectfully,
L. W. BETHEL,
Chairman Committee.
Which was read.
Upon motion of Mr. McKinnon the report was received and
adopted, and the resolutions referred to were re-referred, as
suggested in the report.
Mr. Gillis, Chairman of the Committee on Revising and
Supervising the Recording of the Journal, made the following
report:
CONVENTION HALL,
TALLAHASSEE, FLA., June 16, 1885.
HON. SAMUEL PASCO,
President of the Convention:
SIR:-The Committee on the Revising and Supervising the
Recording of the Journal instruct me to report that they have
examined and compared the Journal so far, up to the proceed-
ings of the fourth day, and have made all needed and proper
corrections, and that they find the said Journal neatly and
correctly kept.
IRVING GILLIS, Chairman.
Which was read, and, upon motion, was adopted.
Mr. Randall offered the following:
Resolved, That every report of any standing committee em-
bracing any article or section designed to be incorporated in

67

the Constitution, or any ordinance of the Convention, shall
be printed lIy order of the committee if the committee so de-
termine, or by the order of the Convention, before the same
shall be read a second time for the action of the Convention;
Which was read and laid over until to-morrow under the
rule.
Mr. McClellan offered the following:
That the various standing committees have leave to have
any printing done that may be approved of by the Committee
on Printing;
Which was adopted.
Mr. Sanchez, Chairman of the Committee on Judicial De-
partment, asked permission to employ a Clerk, for said coim-
mittee;
Which was granted.
On motion of Mr. Walter, the Convention adjourned until
10 o'clock, a. m., to-morrow.

EIG-HTH DAY.

WEDNESDAY, JUNE 17, 1885.
The Convention met pursuant to adjournment.
The roll being called the following delegates answered to
their names:
Mr. President, Messrs. Bell of Brevald and Dade, Bell of
Hamilton, Bennett, Bethel, Blackburn, Bloupt, Broome, Bush,
Campbell, Carter, Carr, Carson, Challen, Chandler, Clarke of
Jefferson, Clark of Jackson, Coker, Conover, Cook, Davidson,
Davis, Duncan, Earle, Edge, Fogarty, Fowler, Genovar, Gibbs,
Gillis, Goodbread, Goss, Green, Hargret, Hatch, Hausman,
Hendley, Henderson, Herndon, Hicks, Hocker, Hope, Hum-
phries, Hunter, Ives, Johnston, Jones, Landrum, Lesley,
Lewis, Love, Lutterloh, Malone, Mann, Marshall, Maxwell,
Miller, Milton, Monsalvatge, Morgan, McCaskill, McClellan,Mc-
Kinnon,Neel, Odom, Oliveros, Orman, Parker, Parkhill, Parsons,
Pelot, Petty, Randall of Duval, Randall of Madison, Randolph
Richard, Robertson, Rogers, Rowe, Sanchez, Scott, Sheats,
Speer, Stone, Swearingen, Taylor, Tedder, Thompson, Tolbert,
Tompkins, Turnbull, Wadsworth, Walker, Jr., Wall, Walter,

68

Weeks, Wellman, Westcott, Whitmire, Wilson of Clay, Wilson
of Polk and Manatee, Wylly, Yonge and Zipperer-105.
A quorum present.
Prayer by the Chaplain.
Mr. Walter moved that the reading of the Journal be dis-
pensed with;
Which was agreed to.
The Journal was corrected and approved.
Mr. Orman otlered the following resolution:
Resolved, That the Chairmen of all the standing committees
shall meet together in this chamber immediately after this
morning's session, for the purpose of fixing the time and place
of their respective committee meetings, so as to prevent the
present conflict tind confusion existing in the meetings of said
committees;
Which was read.
Mr. Orman moved that the rules be waived and the resolu-
tion be put upon its passage;
Which was agreed to, and the resolution was adopted.
Mr. Blount offered the following resolution:
Be it resolved, That subdivision 3 of Rule 18 be amended
so as to read as follows: Three-Introduction and considera-
tion of resolutions;
Which was read and laid over until to-morrow under the
rule.
Mr. Gibbs offered the following resolution:
Whereas, It is desirable to digest as thoroughly as possible
all propositions that may come before this Convention through
its members; therefore, be it
Resolved, That the standing committees of this body be
instructed to keep, and present with their reports, schedules
of all resolutions, &c., referred to them for consideration, to-
gether with a report of their decision on the merits of each
one; and that any member may be allowed to call up during
the consideration of the report of its appropriate committee,
any proposition thus scheduled and reported;
Which was read, and laid over until to-morrow under the
rule.
By Mr. Mann, Resolution No. 29: Relative to printing
resolutions,
Was read.
Mr. Love offered to amend as follows:
'- Strike out all that part of the resolution after the words
appropriate committee.' "

69

Mr. Miller moved to lay the motion to amend on the table;
Which was not agreed to.
The question was upon the adoption of the amendment
offered by Mr. Love.
Mi'. Randall, of Madison, offered as a substitute to the
amendment the following :
Strike out the words memorials, petitions, &c."
Mr. Randall, of Madison, withdrew his substitute.
Mr. Blount, as an amendment, offered the following:
Amend by putting after the word bill : Articles, sections,
ordinances and resolutions," omitting from the latter all pre-
faces and preambles.
Mr. McKinnon rose to a point of order and called for the
reading of Rule No. 27;
Which was read.
Mr. McClellan moved to indefinitely postpone the whole
matter.
The yeas and nays were called for by Messrs. Miller, Chand-
ler, Hausman, Walter, Petty and Lewis.
The vote was:
Yeas-Messrs. Bethel, Campbell, Carter, Clarke of Jefferson,
Clark of Jackson, Coker, Cook, Davidson, Davis, Duncan,
Earle, Edge, Genovar, Gillis, Goodbread, Green, Hatch, Haus-
man, Henderson, Herndon, Hicks, Hope, Humphries, Hunter,
Ives, Jones, Lesley, Love, Lutterloh, Marshall, Milton, Mon-
salvatge, Morgan, McCaskill, McClellan, McKinnon, Neel,
Odom, Oliveros, Orman, Parker, Parkhill, Pelot, Randolph,
Richard, Scott, Speer, Stone, Swearingen, Tedder, Tolbert,
Wadsworth, Weeks, Wilson of Clay, and Wylly-54.
Nays-Messrs. Bell of Brevard and Dade, Bell of Hamilton,
Bennett, Blackburn, Blount, Broome, Bush, Carr, Challen,
Chandler, Conover, Fogarty, Fowler. Gibbs, Goss, Hargret,
Hendley, I-Iocker. Johnston, Lewis, Malone, Mann, Maxwell,
Miller, Parsons, Petty, Randall of Duval, Randall of Madison,
Robertson, Rogers, Rowe, Sanchez, Sheats, Taylor, Thompson,
Tompkins, Turnbull, Walker, Jr., Wall, Walter, Wellman,
Westcott, Whitmire, Wilson of Polk and Manatee, Yongo and
Zipperer-46.
So the motion to indefinitely postpone prevailed.
Resolution No. 30, relative to blank reports, introduced yes-
terday by Mr. Gillis, was read.
Mr. Gillis withdrew the resolution.
Resolution No. 35, relative to the introduction of resolu-
tions, offered by Mr. Miller, was read as follows:
Resolved, That the following be adopted as Rule No. 35:
The introduced of any resolution or article shall place upon

70

the back thereof a brief statement of its contents, and his name
and county or Senatorial District, and the name of the com-
mittee to which he wishes such subject referred.
Upon motion the resolution was adopted.
Resolution No. 54, requiring committees to report within
seven days, offered by Mr. Walker, Jr., on yesterday, was read.
Upon motion of Mr. Walker, Jr., action on this resolution
was deferred.
Resolution No. 57, relative to duties of standing committees
to this body, was read.
Upon motion of Mr. Thompson, action on this resolution
was deferred until to-morrow.
Resolution No. 61, relative to printing proceedings of this
Convention, was read as follows:
Resolved, That the Committee on Printing be instructed to
contract for printing all proceedings of this Convention with
the lowest responsible bidder.
Upon motion, the resolution was adopted.
The motion of Mr. Mann, offered yesterday, to amend Rule
No. 27 as follows : After shall," in first line, insert be read
by its title." In last line strike out entered and insert
" spread." In same line strike out only by their title," was
read.
Mr. Oliveros moved to lay the motion on the table ;
Which was agreed to.
The resolution offered by Mr. Randall, of Duval, yesterday,
reading as follows: Resolved, That every report of any stand-
ing committee embracing any article or section designed to be
incorporated in the Constitution, or any ordinance of the
Convention, shall be printed by order of the committee if the
committee so determine, or by the order of the Convention,
before the same shall be read a second time for the action of
the Convention," was taken up.
Upon motion, the resolution was read and adopted.
The roll of counties being called, the following articles,
ordinances and resolutions were introduced, and, on motion of
Mr. Blount, read by their titles and referred to appropriate
committees:
By Mr. Maxwell, Article No. 1 : On distribution of powers;
Referred to Committee on Executive and Administrative
Department.
By Mr. Rogers, Article No. 2: Relating to bill of rights ;
Referred to Committee on Preamble and Bill of Rights.
By Mr. Sanchez, Article No. 3: Relating to homestead ex-
emptions ;

71

Referred to Committee on Homesteads.
By Mr. Marshall, Ordinance No. 4: Providing for a uni-
form system of common schools and a University, and for the
liberal maintenance of the same ;
Referred to Committee on Education.
By Mr. Taylor, Ordinance No. 5: Relating to homestead
exemptions ;
Referred to Committee on Homestead Exemptions.
By Mr. Love, Ordinance No. 6: Relating to the Judicial
Department;
Referred to committee on Judicial Department.
By Mr. Miller, Ordinance No. 7: To be entitled an Ordi-
nance to restore to civil rights all persons heretofore convicted
in courts of Justices of the Peace;
Referred to the Committee on Suffrage and Eligibility.
By Mr. Zipperer, Resolution No. 65: Belating to election of
Governor and Cabinet;
Referred to Committee on Executive and Administrative
Department.
By Mr. Clark, of Jackson, Resolution No. 67: Relating to
Railroad Commission;
Referred to Committee on Private Corporations.
By Mr. Hunter, Resolution No. 68: Relating to the election
by the electors of Judges and Justices of the Peace;
Referred to Committee on Judicial Department.
By Mr. Speer, Resolution No. 69: Relative to the State and
counties issuing bonds;
Referred to Committee on Finance and Taxation.
By Mr. Hunter, Resolution No. 70: Relating to the time of
meeting of the Legislature, length of session and compensa-
tion;
Referred to Committee on Legislative Department.
By Mr. Blackburn, Resolution No. 71: Limiting the mem-
bers of the Legislature;
Referred to Committee on Census, Apportionment and
Boundaries.
By Mr. Blackburn, Resolution No. 72: To abolish the office
of Lieutenant-Governor ;
Referred to Executive and Administrative Committee.
By Mr. Blackburn, Resolution No. 73: To limit the time of
the sessions of the Legislature.
Referred to Committee on Legislative Department.
By Mr. Petty, Resolution No. 74: Relative to the manner
of ratifying the Constitution;
Referred to Committee on Constitutional Amendments.

72

By Mr. Wylly, Resolution No. 75: Creating Boards of As-
sesors for each election precinct;
Referred to Committee on Finance and Taxation.
By Mr. Wylly, Resolution No. 76 : Relating to the perfec-
tion of titles ;
Referred to Committee on Finance and Taxation.
By Mr. Fowler, Resolution No. 77: In relation to the abol-
ishing of the grand jury system;
Referred to Committee on Judicial Department.
By Mr. Morgan, Resolution No. 7s: Relating to property
of married women;
Referred to Committee on Homestead.
By Mr. Morgan, Resolution No. 79: Relating to errors and
omissions of public officers;
Referred to Committee on Judicial Department.
By Mr. Hicks, Resolution No. 80: On new counties and
limits of old ones;
Referred to Committee on County, Township and City
Organization.
By Mr. Hicks, Resolution No. 81: Defining the homestead
and exemptions;
Referred to Committee on Homesteads.
By Mr. Hicks, Resolution No. s2: On sessions of the Legis-
lature;
Referred to Committee on Legislative Department.
By Mr. Hicks, Resolution No. 83: Right of suffrage defined
and extended ;
Referred to Committee on Suffrage and Eligibility.
By Mr. Hendley, Resolution No. 84: Regulating freight
rates. &c.;
Referred to Committee on Private Corporations.
By Mr. Hendley, Resolution No. 85 : Regulating the liquor
traffic ;
Referred to Committee on Temperance.
By Mr. Goodbread, Resolution No. 8( : Relative to the
election of State and county officers;
Referred to Committee on Executive and Administrative
Department.
By Mr. Herndon, Resolution No. 87: On revision of the
Constitution ;
Referred to Committee on Constitutional Amendments.
By Mr. Bush, Resolution No. 88: On suffrage and eligi-
bility;
Referred to Committee on Suffrage and Eligibility.
By Mr. Tolbert, Resolution No. 89 : Relative to the power
of Justices of the Peace;

73

Referred to the Committee on Judiciary Department.
By Mr. Tolbert, Resolution No. 90: Relative to homestead
exemptions ;
Referred to Committee on Homestead Exemptions.
By Mr. Yonge, Resolution No. 91: Relating to residents
on Naval and Military reservations in this State;
Referred to Committee on Suffrage and Eligibility.
By Mr. Wall, Resolution No. 92: On the division of coun-
ties into minor political organizations;
Referred to the Committee on County, Township and City
Organization.
By Mr. Lutterloh, Resolution No. 93: As to the qualifica-
tion of electors;
Referred to Committee on Suffrage and Eligibility.
By Mr. Lutterloh, Resolution No. 94 : As to Homesteads;
Referred to Committee on Homesteads.
By Mr. Goss, Resolution No. 95 : Limiting the powers of
the Clerk of the Court and creating a County Auditor
Referred to the Committee on Judiciary Department.
By Mr. Goss, Resolution No. 96: Rights of the people to
vote for their officials and on the ratification of the Constitu-
tion;
Referred to the Committee on Constitutional Amendments.
By Mr. Goss, Resolution No. 97 : The right to register and
vote in this State, and what crimes shall disfranchised;
Referred to Committee on Suffrage and Eligibility.
oBy Mr. Miller, Resolution No. 98: Relative to the election
of all otlicers by the people and the rights of defendants in
criminal cases -to be inserted in the Bill of Rights;
Referred to Committee on Preamble and Bill of Rights.
By Mr. Humphries, Resolution No. 99: On representation;
Referred to Committee on Census, Apportionment and
Boundaries.
By Mr. Oliveros, Resolution No. 100: The rights of cor-
porations organized under the laws of other States and Gov-
ernments ;
Referred to Committee on Private Corporations.
By Mr. Oliveros, Resolution No. 101: The rights of for-
eigners to hold and dispose of property;
I referred to Committee on Preamble and Bill of Rights.
By Mr. Walter, Resolution No. 102 : Relating to Punish-
ment for violation of ordinances of cities and towns;
Referred to Committee on Judiciary Department.
The Committee on Executive and Administrative Depart-
ment made the following report:

74

CONVENTION HALL, TALLAHASSEE, FLA., June 17, 1885.
HON. SAMUEL PASCO,
President of the Convention:
SIR: Your committee respectfully report that in the view
they have as to changes proper to be made in the present Con-
stitution, Section 19 of Article VI, referred to them, should
go to the Committee on County Organization; and they recom-
mend that reference, asking to be discharged from further con-
sideration of that section.
Very respectfully,
A. E. MAXWELL, Chairman.
Which was read.
Upon motion, the report was received.
Mr. Sanchez, Chairman of the Committee on Judicial De-
partment, made the following report:
CONVENTION HALL, TALLAHASSEE, FLA., June 17, 1885.
HoN. SAMUEL PAsco,
President of the Convention:
SIn: Your Committee on Judicial Department, to whom
was referred
Resolution No. 9, by Mr. Fowler, in reference to Board of
Internal Improvement, beg leave to report the same back to
the Convention for further reference; also,
Resolution No. 59, by Mr. Ives, to limit period of imprison-
ment for fines, your committee report the same adversely-it
pertaining to a matter of legislation, and not of organic law.
Very respectfully,
E. C. F. SANCHEZ,
Chairman Committee.
Which was read, and upon motion, the report was adopted.
Mr. McCaskill, Chairman of the Committee on Taxation and
Finance, made the following report:
CONVENTION HALL, TALLAIASSEE, FLA., June 17, 1885.
HON. SAMUEL PAsco,
President of the Convention:
SIR: Your Committee on Finance and Taxation to whom
was referred-
Resolution No. 37, to make rolling stock of railroads per-
sonal property,
Respectfully report that they have considered the same, and

75

find that its objects are now provided for by law, and therefore
return the same, with the recommendation that no further action
is necessary upon this subject.
Very respectfully,
A. L. MCCASKILL, Chairman.
Which was read, and, upon motion, the report was received.
Mr. Turnbull, Chairman of the Committee on Printing, made
the following report:
CONVENTION HALL, TALLAHASSEE, FLA., June 17, 1885.
HON. SAMUEL PASCO,
President of the Convention :
SIR: Your Committee on Printing for the Convention, beg
leave to make the following report: After inviting proposals,
the two city papers put in bids. Upon examination we find
that the Floridian, conducted by Messrs. Dorr & Bowen, made
the lowest bid, which was satisfactory to your committee, and
respectfully ask that the printing of this Convention be given
to said Messrs. Dorr & Bowen, whose bid is herewith attached.
We recommend that 2,000 Journals be placed upon the tables
of members daily, and that 1,000 be bound in book form.
Respectfully submitted,
5. J. TURNBULL, Chairman.
TALLAHASSEE, FLA., June 17, 1885.
Hon. S. J. Tarnbull, Chairman Committee on Printing:
Sim: In reply to yours of the 16th instant, we beg leave to
make the following proposition as to printing for the Conven-
tion:
For 2,000 copies of daily Journal, to be laid on desks of
delegates each morning, one-half a cent for each 100 words per
copy, for the first 100 copies, and one-eighth of a cent for each
100 words per copy for the remaining 1,900 copies. This pro-
posal to include all miscellaneous printing furnished to the
Convention, such as bills, messages, reports, &c., &c, whether
in pamphlet form or otherwise ordered.
For 1,000 copies of the Convention Journal in book form,
to be stitched and delivered after the adjournment of the Con-
vention, at the raIte of $1.15 per page, counting one copy.
We state above as a basis of calculation, and we do agree to
do the work of the Convention at 30 (thirty) per cent. less
than above given rates.
We are very respectfully,
DORR & BOWEN,
Publishers Floridian.

76

Which was read, and, upon motion, was received and
adopted.
On motion of Mr. Wylly, the number of the Committee on
Public Health was increased from seven to nine.
The President named as the said Committee the following
gentlemen:
Messrs. Wylly, Wall, Carson, Pelot, Conover, Blount, Lut-
terloh, Fogarty and Walter.
Mr. Hargret was excused on account of sickness.
Mr. .Mann, Chairman of the Committee on Suffrage and
Eligibility asked leave to employ a clerk for his committee;
W which was granted.
Mr. Hicks moved that the sergeant-at-arms he authorized to
secure the services of two janitors for this Convention, and
that Mr. Nazworth be one of them.
Mr. Parkhill moved that Mr. Dennis be the other.
Mr. Mlitchell moved that Edwin Shakespear be one.
Pending discussion, upon motion of Mr. McCaskill, he tCon-
vention adjourned until 10 o'clock A. M. to-morrow.

NINTH DAY.

THURSDAY, JUNE 18, 1885.
The Convention met pursuant to adjournment.
The roll being called the following delegates answered to
their names:
Mr. President, Messrs. Bell of Hamilton, Bennett,
Bethel, Blackburn, Blount, Broome, Bush, Campbell,
Carter, Carr, Carson, Challen, Chandler, Clarke of
Jefferson, Clark of Jackson, Coker, Corover, Cook,
Davidson, Davis, Duncan, Earle, Edge, Fowler, Genovar,
Gibbs, Gillis, Goodbread, Goss, Green, Hargret, Iatch,
Hausman, Hendley, Henderson, Herndon, Hicks, Hocker,
Hope, Humphries, Hunter, Ives, Johnston, Jones, Landrum,
Lesley, Love, Lutterloh, Malone, Mann, Marshall. Maxwell,
Miller, Milton, Mitchell, Monsalvatge, Morgan, McCaskill,
McClellan, McKinnon, Neel, Odom, Oliveros, Orman, Parker,
Parkhill, Parsons, Pelot, Petty, Randall of Duval, Randall
of Madison, Randolph, Richard, Robertson, Rogers, San-

77

chez, Scott, Sheats, Speer, Stone, Swearingen, Taylor, Ted-
der, Thompson, Tolbert, Tompkins, Turnbull, Wadsworth,
Walker, Jr., Wall, Walter, Weeks, Wellman, Whitmire, Wil-
son of Clay, Wilson of Polk and Manatee, Wylly, Yonge
and Zipperer-102.
A quorum present.
Prayer by the Chaplain.
Mr. Pelot moved that the reading of the Journal be dis-
pensed with;
Which was agreed to.
The Journal was corrected and approved.
On motion of Mr. Landrum, Mr. Bell, of Brevard and Dade,
was indefinitely excused on account of sickness.
On motion of Mr. Lesley, Mr. Rogers was granted a leave
of absence until Monday.
Mr. Wvlly introduced a memorial from the Friends of Tem-
perance," and requested thas it be referred to the Committee
on Temperance;
Which was done.
Mr. Taylor introduced the following substitute for Rule
No. 28:
All articles, sections and ordinances proposed by any mem-
ber to be embodied in the Constitution shall be presented to
the Convention in such concise form and language as it is the
wish of the member introducing same to have it appear in the
Constitution, without preamble or other superfluous, or argu-
mentative reasons for its adoption ; and no two distinct sub-
jects-matter, or matter referrible to more than one standing
committee shall be contained in the same paper. All matter
introduced in compliance with this rule shall be printed in full
in the Journals, unless otherwise ordered by the Convention,
and shall be referred to appropriate committee without de-
bate;
Which was read.
Mr. Chandler moved the suspension of the rule that the sub-
stitute might be taken into immediate consideration;
Which was not agreed to, and the substitute was laid over
until to-morrow under the rule.
Mr. Blount asked leave to withdraw Be it Resolved. That
subdivision 3 of Rule 18 be amended so as to read as follows:
3. Introduction and Consideration of Resolutions," offered by
him yesterday ;
Which was granted.
The following resolution offered by Mr. Gibbs on yesterday
came up for adoption:
Whereas, It is desirable to digest as thoroughly as possible

78

all propositions that may come before this Convention through
its members ; therefore, be it
Resolved, That the standing committees of this body be in-
structed to keep, and present with their reports, schedules of
all resolutions, &c., referred to them for consideration, together
with a report of their decision on the merits of each one; and
that any member may be allowed to call up during the consid-
eration of the report of its appropriate committee, any propo-
sition thus scheduled and reported.
The resolution was read and adopted.
Resolution No. 57 relative to the duties of members of stand-
ing committees was taken up.
The resolution was read as follows:
WHEREAS, The present Constitution of this State is used as
a guide in framing a new Constitution, in limiting or defining
the power of the State Legislature-the law making depart-
ment of the State; and w/hreas, The most important work to
be performed in deliberative bodies, such as Constitutional
Conventions and law-making departments; therefore, be it
Resolved, That each member of the respective standing
committees is hereby requested to carefully examine the pres-
ent Constitution (a copy of which has been furnished every
member of this Convention), and that the said members of the
committees aforesaid are further required to report any and
all amendments found necessary to the Chairman of said com-
mittee on the assembling of the committee.
Mr. Marshall moved that further consideration of the reso-
lution be indefinitely postponed;
Which was agreed to, and the resolution was indefinitely
postponed.
Mr. Goss asked permission to withdraw Resolution No. 96:
Relative to the rights of the people to vote for their officials
and on the ratification of the Constitution ;
Which was granted and the resolution was withdrawn.
The roll of counties being called the following Articles, Or-
dinances and Resolutions were introduced, and, on motion of
Mr. Yonge, were read by their titles and referred to appropri-
ate committees:
By Mr. Sheats, Ordinance No. 8: Providing for the election
by the people of all county officers, and the manner of their re-
moval ;
Which was referred to the Committee on Judicial Depart-
ment.
By Mr. Blount, Ordinance No. 9: Defining the rights and
liabilities of married women;

Which was referred to Committee on Homestead and Ex-
emptions and Married Women's Property.
By Mr. Blount, Ordinance No. 10: Prescribing conditions
to relieffrom taxation;
Which was referred to Committee on Taxation and Finance.
By Mr. Love, Ordinance No. 11: Relative to education;
Which was referred to Committee on Education.
By Mr. Carr, Ordinance No. 12: Pertaining to the Bill of
Rights;
Which was referred to Committee on Bill of Rights.
By Mr. Walker. Jr., Ordinance No. 13: Prescribing the
election of and the method of electing Judges of the Supreme
Court, and the selection of Circuit and County Judges and
Justices of the Peace ;
Which was referred to the Committee on Judiciary Depart-
ment.
By Mr. Marshall, Ordinance No. 14: To provide for the
election of sheriffs, to prohibit them from being their own suc-
cessors in ollice, to empower the Legislature to make them ex-
,r, Tax Collectors;
Which was referred to Committee on County, Township and
City Organization.
By MNr. Mitchell, Ordinance No. 15: Relative to Homestead
exemption and the rights of married women;
Which was ref-rred to the Committee on Homestead and
Exemptions and Married Women's Property.
By Mr. Campbell, Ordinance No. 16: In reference to num-
ber composing House of Representatives;
Wiich was referred to the Committee on Census, Apportion-
ment and Boundaries.
By Mr. Lesley, Ordinance No. 17: Formation of new coun-
ti's ;
Which was referred to Committee on County, Township and
City Organization.
By Mr. Lesley, Ordinance No. 18: Relative to the recog-
nition of existing counties;
Which was referred to Committee on County, Township and
City Organization.
By Mr. Lesley, Ordinance No. 19: Relative to the removal
of county seats ;
Which was referred to Committee on County, Township and
City Organization.
By Mr. Carr, Ordinance No. 20: In relation to apportion-
ment and representation;
Which was referred to Committee on Census, Apportion-
ment and Boundaries.

80

By Mr. IHerndon, Resolution No. 103: Relating to the
qualifications of jurors;
Which was referred to Committee on judiciall Department.
By Mr. Stone, Resolution No. 104: In relation to'drawing
the grand and petit jurors in this State;
Which was referred to Committee on Judicial Department.
By Mr. Bush, Resolution No. 105: To allow towns and
cities to make their own assessments of real property;
Which was referred tu Committee on Finance and Taxa-
tion.
By Mr. Scott, Resolution No. 106: Providing for a per
capital school tax and no other poll tax to be levied and leav-
ing the county school subject to a vote of the registered voters
of the county;
Which was referred to Committee on Suffrage and Eligi-
bility.
By Mr. Goodbread, Resolution No. 107 : Authorizing per-
sons to vote who have resided in Florida twelve months and in
the county thirty days;
Which was referred to Committee on Suffrage and Eligi-
bility.
By \Mr. Hendley, resolution No. 108: Relating to public
schools;
Which was referred to Committee on Education.
By Mr. Hendley, Resolution No. 109: Relating to tax
titles
Which was referred to Committee on Judicial Department.
By Mr. Coker, Resolution No. 110: Relating to Temper-
ance and Constitutional Prohibition;
Which was referred to Committee on Temperance.
By Mr. Coker, Resolution No. 111: Relating to Home-
steads and Exemption ;
Which was referred to Committee on Homesteads, etc.
By Mr. Turnbull, Resolution No. 112: On Suffrage and
Eligibility ;
Which was ref' rred to Committee on Suffrage and Eligi-
bility.
By Mr. Rogers, Resolution No. 113: To amend Article
VII, Section 1, of the Constitution, so as to create the office
of Commissioner of Agriculture and make him a Cabinet offi-
cer;
Which was referred to Committee on Executive and Ad-
ministrative Department.
By Mr. Wellman, Resolution No. 114: Relating to Election
of County Commissioners;
Which was referred to Committee on County and City Or-
ganization.

81

REPORTS OF COMMITTEES.
Mr. Maxwell, Chairman of the Committee on Executive and
Administrative Department, made the following report:
CONVENTION HALL, TALLAHASSEE, FLA., June 18, 1885.
HON. SAMUEL PASCO,
President of the Convention .
SIlt: Your Committee on the Executive and Administrative
Department, to which was referred-
Article III, on the Distribution of Powers,
Have considered the same, and they report that in their
opinion it should be adopted as a part of the Constitution,
and they so recommend. Said article is herewith returned for
the action of the Convention.
Respectfully submitted,
A. E. MAXWELL, Chairman.
ARTICLE III.-DISTRIBUTION OF POWERS.
The powers of government of the State of Florida shall be
divided into three departments-Legislative, Executive and
Judicial; and no person properly belonging to one of the de-
partments shall exercise any functions appertaining to either
of the others, except in cases expressly provided for by this
Constitution.
Which was read. and the report of the committee received.
Also the following:
CONVENTION HALL, TALLAHASSEE, FLA., June 18, 1885.
HON. SAMUEL PASCO,
President of the Convention :
SIR: Yonr Committee on the Executive and Administrative
Department, to which was referred the parts of the present
Constitution pertaining to those departments, have given
careful consideration to the same, and have embodied their
conclusions in an Article which accompanies this report, styled
" Article V, Executive Department," which they recommend
for adoption.
Your committee in the framing of said Article have also
considered resolution 65 as to election of Governor and Cabi-
net; also, resolution 72 as to abolishing the office of Lieu-
tenant-Governor: also, resolution 86 relative to the election of
State and county officers; and they return herewith the said
resolutions, and recommend that each be laid on the table.
Respectfully submitted,
A. E. MAXWELL, Chairman.
6

82

ARTICLE V.-EXECUTIVE DEPARTMENT.
SECTION 1. The supreme executive power of this State shall
be vested in the Chief Magistrate, who shall be styled the Gov-
ernor of Florida.
SEC. 2. The Governor shall be elected by the qualified elect-
ors of the State at the time and places of voting for the mem-
bers of the Legislature, and shall hold his office for four years
from the time of his installation, but shall not be eligible for
re-election to the said office the next succeeding term; Pro-
vided, That the first election for Governor under this Consti-
tution shall be had at the time and places of voting for mem-
bers of the Legislature and State officers in the year of our
Lord one thousand eight hundred and eighty-eight, and the
term of office of the Governor then elected shall begin on the
day of the assembling of the Legislature chosen at such elec-
tion.
SEc. 3 No person shall be eligible to the office of Governor
who is not a qualified elector, and who has not been nine
years a citizen of the United States, and three years a citizen
of the State of Florida, next preceding the time of his elec-
tion.
SEC. 4. The Governor shall be Comlnander-in-Chief of the
military forces of the State, except when they shall be called
into the service of the United States.
SEC. 5. He shall transact all executive business with the
officers of the Government, civil and military, and may require
information in writing from the officers of the administrative
department upon any subject relating to the duties of their re-
spective offices.
SEC. 6. He shall see that the laws are faithfully executed.
SEC. 7. When any office, from any cause, shall become va-
cant, and no mode is provided by this Constitution or by the
laws of the State for filling such vacancy, the Governor shall
have the power to fill such vacancy by granting a commission,
which shall expire at the next election.
SEC. 8. The Governor may, on extraordinary occasions, con-
vene the Legislature by proclamation, and shall in his procla-
mation state the purpose for which they are to be convened,
and the Legislature when organized shall transact no legisla-
tive business except that for which they are especially con-
vened, except by the unanimous consent of both houses.
SEc. 9. He shall communicate by message to the Legisla-
ture at each regular session the condition of the State, and re-
commend such measures as he may deem expedient.
SEC. 10. In case of a disagreement between the two houses.
with respect to the' time of adjournment, the Governor shall

have power to adjourn the Legislature to such time as he may
think proper, provided it is not beyond the time fixed for the
meeting of the next Legislature.
SEC. 11. The Governor shall have power to suspend the
collection of fines and forfeitures, and grant reprieves for a
period not exceeding sixty days, dating from the time of con-
viction, for all offences, except in cases of impeachment.
Upon conviction for treason he shall have power to suspend
the execution of sentence until the case shall be reported to
the Legislature.
SEC. 12. The Governor, Justices of the Supreme Court, and
Attorney-General, or a major part of them, of whom the Gov.-
ernor shall be one, may, upon such conditions, and with such
limitations and restrictions as they may deem proper, remit
fines and forfeitures, commute punishment, and grant pardons
after conviction, in all cases except treason and impeachment,
subject to such regulations as may be provided by law relative
to the manner of applying for pardons.
SEC. 13 The Governor may, at any time, require the opinion
of the Justices of the Supreme Court, as to the interpretation
of any portion of this Constitution upon any question affect-
ing his Executive powers and duties, and the Justices shall
render such opinion in writing.
SEC. 14. All Commissions shall be in the name and under
the authority of the State of Florida, sealed with the great
seal ot the State, signed by the Governor, and countersigned
by the Secretary of State.
SEc. 15. The Governor shi.ll, by and with the consent of the
Senate, appoint all commissioned officers of the State Militia,
including an Adjutant-General for the State. The Adjutant-
General shall be the chief officer of the Governor's staff, with
the rank of Major-General. His duties and compensation shall
be prescribed by law.
SEC'. 16. The Governor and the officers of the Executive De-
partment shall constitute a Board of Commissioners of State
Institutions, which Board shall have supervision of all matters
connected therewith, in such manner as shall be prescribed by
law.
SEC. 17. The Governor shall have power, in cases of insur-
rection or rebellion, to suspend the writ of habeas corpus
within the State.
SEC. 18. The Governor shall have power to disapprove of
any item or items of any bills making appropriations of money
embracing distinct items, and the part or parts of the bill ap-
proved shall be the law, and the item or items of appropriation
disapproved shall be void, unless re-passed according to the

84

rules and limitations prescribed for the passage of other bills
over the Executive veto.
S'E. 19. In case of the impeachment of the Governor, his
removal from office, death, resignation or inability to discharge
his official duties, the powers and duties of the Governor shall
devolve upon the President of the Senate for the residue of
the term, or until the disability shall cease; and in case of the
impeachment, removal from office, death, resignation or in-
ability of the President of the Senate, the powers and duties.
of the office shall devolve upon the Speaker of the House of
Representatives. But should there be a general election for
members of the Legislature during such vacancy, an election
for Governor to fill the same shall be held at the same time.
SEC. 20. The Governor shall be assisted by six administra-
tive officers, to wit: a Secretary of State, Attorney-General,
Comptroller, Treasurer, Superintendent of Public Instruction
and Commissioner of Lands and Immigration, who shall be
elected at the same time as the Governor, and shall hold their
offices for the same time: Provided, That the first election of
such officers shall be had at the time of voting for Governor in
the year of our Lord one thousand eight hundred and eighty-
eight; Prorided further, The Legislature may after that year
abolish the office of Commissioner of Lands and Immigration.
SEc. 21. The Secretary of State shall keep the records of
official acts of the Legislative and Executive Departments of
the Government, and shall, when required, lay the same, and
all matters relative thereto, before either branch of the Legis-
ture. and shall be the custodian of the Great Seal of the State.
He shall also have charge of the Capitol building and grounds
and perform such other duties as shall be prescribed by law.
SEC. 22. The Attorney-General shall be the legal adviser of
the Governor, and of each of the officers of the Executive De-
partment, and shall perform such other legal duties as the Gov-
ernor may direct, or as may be provided by law. He shall be
Reporter for the Supreme Court. He shall also have super-
vision of the State Prison.
SEc. 23. The Comptroller shall examine, audit, adjust and
settle the accounts of all officers of the State, and perform such
other duties as may be prescribed by law.
SEC. 24. The Treasurer shall receive and keep all funds,
bonds, or other securities, in such manner as may be provided
by law, and shall disburse no funds, bonds, or other securities,
except upon the order of the Comptroller, countersigned by
the Governor, in such manner as shall be prescribed by law.
SEc. 25. The Superintendent of Public Instruction shall
have supervision of all matters pertaining to public instruc-

85

tio ; the supervision of buildings devoted to educational pur-
poses, and the libraries belonging to the University and com-
mon schools. He shall keep a historical bureau for the purpose
of accumulating such matter and information as may be neces-
sary for compiling and pefecting the history of the State. He
shall also keep a cabinet of minerals and other natural produc-
tions, and shall perform such other duties as shall be prescribed
by law.
SEC. 26. The Commissioner of Lands and Immigration shall
have supervision of all matters pertaining to the public lands
under such regulations as shall be prescribed by law, and shall
keep the Bureau of Immigration established to furnish infor-
mation for the encouragement of immigration.
SEC. 27. Each officer of this department shall make a full
report of his official acts, of the receipts and expenditures of
his office, and of the requirements of the same, to the Governor
at the beginning of each regular session of the Legislature, or
whenever the Governor shall require it. Such reports shall be
laid before the Legislature by the Governor at the beginning
of each regular session thereof. Either house of the Legisla-
ture may at any time call upon any officer of this department
for information required by it.
SEC. 28. The salary of the Governor shall be thirty-five hun-
dred dollars per annum, and that of the Secretary of State,
Attorney-General, Comptroller, Treasurer, Superintendent of
Public Instruction and Commissioner of Lands and Immigra-
tion, shall be two thousand dollars each per annum;
Which was read and upon motion of Mr. Yonge, the report
and accompanying papers were ordered spread upon the
Journal.
Mr. McCaskill, Chairman of the Committee on Finance and
Taxation, made the following report:
CONVENTION HALL, TALLAHASSEE, FLA., June 18, 1885.
Hon. SAMUEL PAsco,
President of the Convention:
Sin: Your Committee on Taxation and Finance, to whom
was referred-
Resolution No. 75, creating Boards of Tax Assessors for
each election precinct,
Respectfully return the same and recommend its reference
to the Committee on County, Township and City Organiza-
tion.
Very respectfully,
A. L. McCASKILL, Chairman.
Which was read and received.

86

Also the following:
CONVENTION HALL, TALLAHASSEE, FLA., June 18, 1885.
HON. SAMUEL PASCO,
President of the Convention :
SIR: Your Committee on Taxation and Finance, to whom
was referred-.
Resolution No. 76, relating to the perfection of tax titles, re-
spectfully report the same back as not pertinent to organic
law.
Very respectfully,
SA. L. MCCASKILL,
Chairman Committee.
Which was read and received.
Upon motion, the accompanying resolution was laid upon
the table.
ARTIKLE No. 3: On Distribution of Powers, was read the
first time and placed among the orders of the day.
ARTICLE No. 5: Relating to Executive Department, was
read the first time and 200 extra copies of the Article ordered
printed for use of the Convention.
Mr. Bethel moved that Convention adjourn that the Com-
mittees may have time to work;
Which was agreed to, and the Convention was adjourned
until 10 o'clock a. m. to-morrow.

TENTH DAY.

FRIDAY, JUNE 19, 1885.
The Convention met pursuant to adjournment.
The roll being called the following delegates answered to
their names:
Mr. President, Messrs. Baker, Bell of Brevard and Dade,
Bell of Hamilton, Bennett, Bethel, Blackburn, Blount, Broome,
Bush, Campbell, Carter, Carr, Carson, Challen, Chandler,
Clarke of Jefferson, Clark of Jackson, Coker, Conover, Cook,
Davidson, Davis, Duncan, Earle, Edge, Fogarty, Fowler, Gen-
ovar, Gibbs, Gillis, Goodbread, Goss, Green, Hatch, Hausman,
Hendley, Henderson, Herndon, Hicks, Hocker, Hope, Hum-

87

phries, Hunter, Ives, Johnston, Jones, Landrum, Lesley. Lewis,
Love, Lutterloh, Malone, Mann, Marshall, Maxwell, Miller,
Milton, Mitchell, Monsalvatge, Morgan, McCaskill, McClellan,
McKinnon, Neel, Odom, Oliveros, Orman, Parker, Parkhill,
Parsons, Pelot, Petty, Randall of Duval, Randall of Madison,
Randolph, Richard, Robertson, Rowe, Sanchez, Scott, Sheats,
Speer, Stone, Swearingen, Taylor, Tedder, Thompson, Tol-
bert Tompkins, Turnbull, Wadsworth, Walker, Jr., Wall,
Walter, Weeks, Wellman, Westcott, Whitmire, Wilson of
Clay, Wilson of Polk and Manatee, Wylly, Yonge and Zip-
perer-105.
A quorum present.
Prayer by the Chaplain.
Mr. Walter moved to dispense with the reading of the
Journal;
Which was agreed to.
The Journal was corrected and approved.
Mr. Morgan offered a memorial on the subject of Temper-
ance; .
Which was referred to the Committee on Temperance.
Mr. Yonge offered the following resolution:
Resolved, That subdivision 6, of Rule No. 18, be amended
by addingthe following: And when a report is made by any
such committee, the same shall be read, and together with ac-
companying articles, ordinances, sections or other papers be
placed among the 'orders of the day,' for further considera-
tion;"
Which was read and laid -over until to-morrow under the
rules.
Mr. Yonge offered the following resolution :
Resolved. That the form of Rule No. 18 be amended by in-
serting between reports of select committees and consideration
of articles, sections and ordinances on their first reading, the
following : Orders of the Day."
Mr. Yonge moved that Hon. R. W. Davis, Speaker of the
Assembly, be invited to a seat within the bar;
Which was agreed to.
Mr. Taylor moved that Col. Louis I. Fleming be invited to
a seat within the bar;
Which was agreed to.
The substitute for Rule No. 28, offered on yesterday by Mr.
Taylor, was then taken up and read, as follows:
All articles, sections and ordinances proposed by any mem-
ber to be embodied in the Constitution shall be presented to
the Convention in such concise form and language as it is the
wish of the member introducing same to have it appear in the

88

Constitution, without preamble or other superfluous or argu-
mentative reasons for its adoption; and no two distinct sub-
jects-matter, or matter referrible to more than one standing
committee, shall be contained in the same paper. All matter
introduced in compliance with this rule shall be printed in full
in the Journals, unless otherwise ordered by the Convention,
and shall be referred to appropriate committee without de-
bate.
The question was upon the adoption of the substitute.
The yeas and nays were called for.
The vote was:
Yeas-Messrs. Baker, Bennett, Blackburn, Blount, Broome,
Bush, Carter, Carr, Carson, Challen, Chandler, Coker, Conover,
Davis, Duncan, Earle, Fogarty, Fowler, Gibbs, Goodbread,
Goss, Hatch, Hendley, Henderson, Herndon, Hicks, Hocker,
Hunter, Ives, Johnston, Jones, Landrum, Lewis, Malone,
Mann, Marshall, Maxwell. Miller, Mitchell, Monsalvatge, Park-
hill, Parsons, Petty, Randall of Duval, Randall of Madison,
Robertson, Rowe, Sanchez, Sheats, Taylor, Tedder, Tompkins.
Turnbull, Wadsworth, Walker, Jr., Wall, Walter, Whitmire,
Wilson of Polk and Manatee, Yonge and Zippercr-61.
Nays-Messrs. Bell of Brevard and Dade, Bethel, Campbell,
Clarke of Jefferson, Clark of Jackson, Davidson. Edge, Geno-
var, Gillis, Green, Hausman, Humphries, Lesley, Lutterloh,
Milton, Morgan, McCaskill, McClellan, McKinnon, Neel,
Odom, Oliveros, Parker, Pelot, Randolph, Richard, Scott,
Speer, Stone, Swearingen, Tolbert, Weeks, Wilson of Clay and
Wylly-32.
So the substitute was lost, two-thirds not voting in the
affirmative.
The roll of counties being called the following Articles,
Ordinances and Resolutions were introduced :
Mr. Yonge moved that the Resolutions, Ordinainces and Ar-
ticles be read by their titles only, and referred to the appro-
priate committees;
Which was agreed to, and thb following ordinances were
read by their titles, and referred as follows:
By Mr. Sheats, Ordinance No. 21 : Providing for the divis-
ion of counties into school districts, and aut horizing districts
to vote a special tax for school purposes;
Which was referred to Committee on education.
By Mr. Sheats. Ordinance No. 22: Providing for separate
and equal public schools for the races and preventing mixed
schools;
Which was referred to Committee on Education.

89

By Mr. Yonge, Ordinance No. 23: Referring to the body
exercising the legislative authority of this State;
Which was referred to Committee on Legislative Depart-
ment.
By Mr. Lesley, Ordinance No. 24: Relative to Legislative
powers, elections and assembling of the same;
Which was referred to Committee on Legislative Depart-
ment.
By Mr. Lesley, Ordinance No. 25: Relating to tax deeds;
Which was referred to Committee on Judiciary Department.
By Mr. Mitchell, Ordinance No. 26: Relative to suffrage;
Which was referred to Committee on Suffrage and Eligi-
bility.
By Mr. Lutterloh, Ordinance No. 27: To establish a State
Prison;
Which was referred to Committee on Public Institutions.
By Mr. Hocker, Ordinance No. 28: Relative to the amend-
ment of Sections 1, 3, 4, 5, 7, 8, 9, 10 and 19, of Article VI
of the Constitution, relating to the Judicial Department;
Which was referred to the committee on Judiciary Depart-
ment.
By Mr. Edge, Ordinance No. 29: Relative to exempting
property of widow women and maimed persons to the amount
of $150 from Taxation;
Which was referred to Committee on Taxation and Finance.
By Mr. Blackburn, Ordinance No. 30: Providing the man-
ner of selecting Notaries Public ;
Which was referred to Committee on Judiciary Depart-
ment.
By Mr. Blackburn, Ordinance No. 31: Defining the elective
officers of each county;
Which was referred to Committee on County, Township and
City Organization.
By Mr. Sheats, Ordinance No. 32: Preventing the lending
of county or district school funds or their application to any
other than school purposes;
Which was referred to Committee on Education.
By Mr. Fowler, Resolution No. 115: Relative to special
tax on unimproved lands for construction and repair of public
roads and highways;
Which was referred to Committee on Taxation and Finance.
By Mr. Parsons, Resolution No. 116: Relating to a road
tax on unimproved lands;
Which was referred to Committee on Taxation and Finance.
By Mr. Zipperer, Resolution No. 117 : Relative to election
of Justices of the Peace;

90

Which was referred to Committee on Judicial Depart-
ment.
By Mr. Mitchell, Resolution No. 118: For relief of persons
convicted of misdemeanors;
Which was referred to Committee on Schedule.
By Mr. Parker, Resolution No. 119: Prescribing mode of
creating new counties;
Which was referred to Committee on County and City Or-
ganization.
By Mr. Johnston, Resolution No. 120: Restricting the power
of Railway and other Corporations;
Which was referred to Committee on Private Corporations.
By Mr. Hendley, Resolution No. 121: Relating to Polyg-
amy;
Which was referred to Committee on Preamble and Bill of
Rights.
By Mr. Carson, Resolution No. 122: Referring to Educa-
tion;
Which was referred to Committee on Education.
By Mr. Hatch, Resolution No. 123: To make County Com-
missioners ex-officio members of the County Board of Public
Instruction;
Which was referred to Committee on Education.
By Mr. Wilson, of Polk, Resolution No. 124: Relative to
County Courts;
Which was referred to Committee on Judicial Department.
By Mr. Randolph, Resolution No. 125: Concerning the
final passage of bills in tht House of Representatives;
Which was referred to Committee on Legislative Depart-
ment.
By Mr. Randall, of Madison, Resolution No. 126: Relating
to appointment of County Commissioners and defining their
power;
Which was referred to Committee on County, Township and
City Organization.
By Mr. Hausman, Resolution No. 127 : Authorizing County
Judges to issue marriage licenses;
Which was referred to Committee on County, Township and
City Organization.
By Mr. Hausman, Resolution No. 128: Relating to bonds of
county officers and their approval:
Which was referred to Committee on County, Township and
City Organization.
By Mr. Hausman, Resolution No. 129: Separating time for
holding National and State elections;

91

Which was referred to Committee on County, Township and
City Organization.
By Mr. Blackburn, Resolution No. 130: Relating to amend-
ment of Bill of Rights;
Which was referred to Committee on Preamble and Bill of
Rights.
By Mr. Morgan, Resolution No. 131: Relating to Public
Institutions;
Which was referred to Committee on Public Institutions.
REPORTS OF COMMITTEES.
Mr. Sanchez, Chairman of Committee on Judiciary Depart-
ment, made the following report:
CONVENTION FALL, TALLAHASSEE, FLA., June 19, 1885.
HON. SAMUEL PASCO,
President of the Convention :
SIR: Your Committee on Judicial Department to whom was
referred
Ordinance No. 81, by Mr. Seats, of Alachua, in reference
to the election of county officials, and providing for their re-
moval, respectfully refer the same back to the Convention,
except so much thereof as refers to election of County
Judges, with a recommendation that it be referred to the Com-
mittee on Township, County and City Organization; also, in
reference to Resolution No. 109, by Mr. Hendley, of Hernando,
relating to Tax Titles; also, Resolution No. 103, by Mr.
Herndon, relating to the qualifications of jurors, and Resolu-
tion No, -, by Mr. Stone, in relation to drawing the Grand
and Petit Jurors in this State; your committee would re-
spectfully refer them back to this Convention with the recom-
mendation that they be laid upon the table.
Very respectfully,
E. C. F. SANCHEZ, Chairman.
Which was read, received and by motion of Mr. Yonge, the
report of the committee and accompanying papers were placed
among the orders of the day.
Mr. Mann, Chairman of the Committee on Suffrage and Eli-
gibility, made the following report :
CONVENTION HALL, TALLAIASSEE, FLA., June 19, 1885.
HON. SAMUEL PASCO,
President of the Convention:
SIR: Your Committee on Suffrage and Eligibility, to whom
was referred-

92

Resolution No. 15, on election of officers,
Have considered the same with favor, but recommend that
the same be given to the Judicial Department.
Very respectfully,
A. S. MANN, Chairman.
Which was read, received and placed among the orders of
the day.
Mr. Gillis, Chairman of the Committee to Revise and Super-
vise the Recording of the Journal, made the following report :
CONVENTION HALL, TALLAHASSEE, FLA, June 19, 1885.
HON. SAMUEL PASCO,
President of the Convention :
SIR: Your Committee on Revising and Supervising the Re-
cording of the Journal, report that they revise the Journal
from day to day and will report from time to time, as may be
necessary.
Very respectfully,
IRVIN GILLIS, Chairman.
Which was received and read.
The second reading of ordinances was declared in order.
Ordinance No 3: On the Distribution of Powers, was read
the second time.
Mr. Malone offered the following as a substitute:
ARTICLE III.
THE DISTRIBUTION OF THE POWER OF GOVERNMENT.
SECTION 1. The Power of the Government of the State of Flor-
ida shall be divided into three distinct departments, each of
them to be confided to a separate body of magistracy, to-wit:
Those which are legislative, to one; those which are execu-
tive, to another ; and those which are judicial, to another.
SEC. 2. No person or collection of persons being of one of
those departments shall exercise any power properly belong-
ing to either of the others, except in the instances hereinafter
expressly provided in this Constitution.
Mr. Miller offered the following amendment :
Amend the article reported by the Committee on Distribu-
tion of Powers as follows:
Add after the word except," in third line, the following
words : "That the Legislature may confer upon a Board of
Commissioners the power to regulate such matters pertaining
to railroads and other corporations as may be deemed advisable,
and may confer both judicial and administrative power upon
such board."

93

Mr. Mann moved that the article, substitute and amendments
be referred back to committee.
Mr. Gillis moved to lay the motion on the table;
Which was agreed to.
Mr. Miller moved to have the article, substitute and amend-
ment printed and lay over until to-morrow.
Mr. Bethel moved to lay the motion on the table;
Which was agreed to.
Mr. Baker moved that the article be made a special order of
the day for 11 o'clock A. M. on Tuesday next.
Mr. Tolbert moved to lay the motion on the table;
Which was agreed to.
The question was on the amendment offered by Mr. Miller.
Mr. Miller moved that the Article and proposed amendments
be made the special order of the day for 10:30 o'clock A. M.
Tuesday next;
Which was agreed to.
Upon motion of Mr. Walter, the members of the Supreme
Court were invited to seats within the bar at all times.
Article 5 was read the second time.
Mr. Maxwell moved that it be made a special order of the
day for Monday next;
Which was agreed to.
Messrs. Weeks, Challen, Clarke and Sanchez and the Re-
cording Clerk were granted leave of absence until Monday.
Mr. Conover moved that all articles, sections, ordinances
and resolutions pertaining to the Constitution, which shall be
reported by the committees, shall be printed and laid upon the
desks of members one day before they shall be considered or
read the first time;
Which was agreed to.
Messrs. Blount and Johnston were granted leave of absence
until Tuesday.
Messrs. McCaskill, Mann and Odom were granted leave of
absence until Monday.
Mr. Randall, of Duval, moved that the Convention adjourn
until 10 o'clock A. M. Monday that the committees might have
time to work ;
Which was agreed to,and the Convention was so adjourned.

94

ELEVENTH DAY.

MONDAY, JUNE 22, 1885.

The Convention met pursuant to adjournment.
The roll being called, the following delegates answered to
their names:
Mr. President, Messrs. Baker, Bell of Brevard and Dade,
Bell of Hamilton, Bennett, Bethel, Blackburn, Broome,
Bush, Campbell, Carter, Carson, Challen, Chandler, Clarke of
Jefferson, Clark of Jackson, Coker, Conover, Cock, Davidson,
Davis, Duncan, Earle, Edge, Fogarty, Fowler, Gerlovar.
Gibbs, Gillis, Goss, Green, Hargret, Hatch, Hausman,
Hendley, Henderson, Herndon, Hicks, Hocker, Hope, Hum-
phries, Hunter, Ives, Jones, Landrum, Lesley, Lewis, Love,
Lutterloh, Marshall, Maxwell, Miller, Milton, Mitchell,
Monsalvatge, Morgan, Neel, Oliveros, Orman, Parker, Parsons,
Paterson, Petty, I'elot, Randall of Duval, Randell of Madison,
Randolph, Richard, Robertson, Rowe, :'cott. Sheats, Stone,
Swearingen. Taylor, Tedder, Thompson, Tolbert, Tompkins,
Turnbull, Wad-worth. Walker, Jr., Wall, Walter, Wellman.
Westeott, Whitmire, Wilson of Clay, Wilson ol' Plk and
Manatee, Wylly and Yonge-92.
A quorum present.
Prayer by the Chaplain.
Mr. Pelct moved that the reading of the Journal be dis-
pensed with;
Which was agreed to.
The Journal was corrected and approved.
Mr. Hicks introduced a memorial on the subject of temper-
ance from the citizens of Franklin county;
Which was read by its title and referred to the Committee
on Temperance.
Mr. Ives introduced a memorial from the citizens of Colum-
bia county relating to the Agricultural collegee
Which was read and referred to the Committee on Educa-
tion.
Sir. Sheats offered a resolution on temperance from the
Gainesville District Conference of the M. E. Church, South;
Which was read and referred to the Committee on TemFer-
ance.
The following resolutions, introduced on last Friday, were
taken up:

95

By Mr. Yonge: Resolved, That the form of Rule No. 18 be
amended by inserting between reports of select committees
and consideration of articles, sections and ordinances on their
first reading, the following: "Orders of the Day;"
Which was read and adopted.
By Mr. Yonge: Resolved, That sub-division 6 of Rule 18
be amended by adding the following : "And when a report is
made by any such committee, the same shall be read, and to-
gether with accompanying articles, ordinances, sections or
other papers be placed among the orders of the day,' for fur-
ther consideration ;"
Which was read and adopted.
The roll of counties being called the following Articles, Or-
dinances and Resolutions were introduced, read by their titles
and referred to appropriate committees :
By Mr. Parsons, Resolution No. 33: To prohibit special
taxes on occupation and lawful industries;
Which was referred to Committee on Taxation and Finance.
By Mr. Davis, Ordinance No. 34: On the mode of amend-
ing and revising the Constitution;
Which was referred to Committee on Constitutional Amend-
ments.
By Mr. Baker, Ordinance No. 35: Proposing amendments
to the Constitution
Which was read and referred to Committee on Constitu-
tional Amendments.
By Mr. Coker, Ordinance No. 36 : Relative to Legislative
Department;
Which was referred to the Committee on Legislative De-
partment.
By Mr. Marshall, Ordinance No. 37 : Proposing a preamble
for the new Constitution ; also, Sections 1 and 2 of Declara-
tion of lights; also, a section providing that the privilege of
the writ of habeas corpus shall not be suspended by the au-
thorities of Florida ;
Which was referred to the Committee on Preamble and
Bill of Rights.
By Mr. Marshall, Ordinance No. 38: Giving the Legislature
power to confer upon the Boards of County Commissioners
further powers of local legislation and administration;
Which was referred to the Committee on Legislative De-
partment.
By Mr. Pelot, Ordinance No. 39: Relative to eligibility
of Senators or Representatives for office created or salary of
which is increased during term for which elected ;

96

Which was referred to the Committee on Suffrage and Eligi-
bility.
By Mr. Cook, Ordinance No. 40: Relating to the equaliza-
tion of taxes;
Which was referred to Committee on Taxation and Finance.
By Mr. Bennett, Ordinance No. 41: To permit, restrict or
prohibit the ranging of live stock within the limits of any
county by a majority vote of the qualified electors of such
county;
Which was referred to Committee on Miscellaneous Pro-
visions.
By Mr. Broome, Ordinance No. 42: To secure minority rep-
resentation on Boards of County Commissioners;
Which was referred to Committee on County and City Or-
ganization.
By Mr. Bell, of Brevard, Resolution No. 133: Making further
provisions for the Common Schools, the Agricultural College
and the East and West Florida Seminaries;
Which was referred to Committee on Education.
By Mr. Stone, Resolution No. 134: In relation to electors;
Which was referred to Committee on Suffrage and Eligibil-
ity.
By Mr. Baker, Resolution No. 135: Providing for the or-
ganization of County Courts;
Which was referred to the Committee on Judicial Depart-
ment.
By Mr. Fowler: Resolution No. 136: In relation to military
companies giving bond before drawing arms;
Which was referred to the Committee on Militia.
By Mr. Fowler, Resolution No. 137: On behalf of the com-
mon schools, Agricultural College, the East and West Florida
Seminaries;
Which was referred to the Committee on Education.
By Mr. Hargret, Resolution No. 138: On temperance;
Which was referred to Committee on Temperance.
By Mr. Pelot, Resolution No. 139 : Relating to manner of
filling vacancies occurring in the General Assembly from cer-
tain causes;
Which was referred to Committee on Legislative Depart-
ment.
REPORTS OF COMMITTEES.
Mr. Bethel,Chairman of the Committee on Legislative De-
partment, made the following report:

97

CONVENTION HALL, TALLAHASSEE, FLA., June 22, 1885.
HON. SAMUEL PASCO,
President of the Convention :
Smi: Your Committee on Legislative Department, to which
was referred -
Article IV, on Legislative Department, considered the same,
and have embobied their conc'usions in an article which ac-
companies this report, which theN recommend for adoption.
Your committee in considering the framing of this article,
have also considered Resolution No. 23, as to defining the body
exercising the legislative au hority of the State; also, Resolu-
tion No. 24, as to election and assembling of the Legislature;
also, Resolution No. 70, relating to the tim3 of meeting of the
Legislature, length of session and compensation; also, Reso-
lution No. 73, limiting the time of the session of the Legisla-
ture; also, Resolution No. 82, relative to the session of the
Legislature; also, Resolution No. 125, concerning the final
passage of bills in the House of Representatives ; also, Reso-
lution In re to Board of Internal Improvement, and they re-
turn herewith the same resolutions, for such action as the
Convention may deem proper.
Respectfully submitted,
L. W. BETHEL, Chairman.
Which was read and the accompanying papers were placed
among the orders of the day.
Mr. Pelot, Chairman of the Committee on Schedule, made
the following report :
CONVENTION HALL,
TALLAHASSEE, FLA., June 22, 1885.
HON. SAMUEL PAsco,
President of the Convention :
SIR: Your Committee on Schedule to whom was referred-
Preamble and Resolution No. 118, offered by Mr. Mitchell,
relative to the relief of persons convicted of felony, would re-
spectfully report the same back to the Convention, with the
recommendation that it be laid upon the table.
Very respectfully,
J. C. PELOT,
Chairman of Committee.
Which was read, and the accompanying papers were placed
among the orders of the day.
ORDERS OF THE DAY
Article IV, as reported by the Committee on Legislative
Department, was read, as follows:
7

98

ARTICLE IV.
LEGISLATIVE DEPARTMENT.
SECTION 1. The Legislative authority of this State shall be
vested in a Senate and Assembly, which shall be designated
" The Legislature of the State of Florida," and the sessions
thereof shall be held at the seat of government of the State.
SEC. 2 The regular sessions of the Legislature shall be held
biennially, commencing on the first Tuesday after the first
Monday in January, A. D., 1887, and on the corresponding
day of every second year thereafter, but the Governor may con-
vene the same in extra session by his proclamation.
SEO. 3. The members of the Assembly shall be chosen bien-
nially, those of the first Legislature on the first Tuesday after
the first Monday in November, A. D. 1886, and thereafter on
the corresponding day of every second year.
SEC. 4. Senators shall be chosen for the term of four years,
at the same time and place as members of the Assembly;
Provided, That the Senators elected at the first election from
the Senatorial Districts designated by even numbers shall va-
cate their seats at the expiration of two years, and thereafter
all Senators shall be elected for the term of four years, so that
one-half of the whole number shall be elected biennially.
SEC. 5. Senators and members of the Assembly shall be duly
qualified electors in the respective counties and districts which
they represent. The pay of members of the Senate and Assem-
bly shall not exceed six dollars per day for each day of ses-
sion. and mileage to and from their homes to the seat of gov-
ernment, not to exceed ten cents per mile each way.
SEC. 6. Each House shall judge of the qualifications, elec-
tions and returns of its own members, choose its own officers,
including a President of the Senate ; determine the rules of its
proceedings, and may punish its members for disorderly con-
duct, and with the concurrence of two-thirds of all the mem-
bers present expel a member.
SEC. 7. Either House during the session may punish by im-
prisonment any person no, a member who shall have been
guilty of disorderly or contemptuous conduct in its presence,
but such imprisonment shall not extend beyond the final ad-
journment of the session.
"SEC. 8. A majority of each House shall constitute a quorum
to do business, but a smaller number may adjourn from day to
day, and compel the presence of absent members in such man-
ner and under such penalties as each House may prescribe.
SEc. 9. Any person who shall be convicted of embezzlement
or defalcation of the [funds of the] State or any county ther'e-

99

of, or of having given or offered a bribe to secure his election
or appointment to office, or of having given, offered or received
a bribe to aid in the procurement of office for any other person,
shall be disqualified from holding any office of honor, profit or
trust in the State ; and the Legislature shall, as soon as prac-
ticable, provide by law for the punishment of such embezzle-
ment, defalcation or bribery, as a felony.
SEC. 10. Each house shall keep a journal of its own proceed-
ings, which shall be published, and the yeas and nays of the
members of either house on any question shall, at the desire
of any three members present, be entered on the journal.
SEC. 11. The doors of each house shall be kept open during
its session, except the Senate while sitting in executive ses-
sion; and neither shall, without the consent of the oiher, ad-
journ for more than three days, or to any other town than that
in which they may be holding their session.
SEC. 12. Any bill may originate in either house of the Legis-
lature, and after being passed in one house may be amended
in the other.
SEC. 13. The enacting clause of every law shall be as fol-
lows: "The people of the State of Florida, represented in
Senate and Assembly, do enact as follows."
SEC. 14. Each law enacted in the Legislature shall embrace
but one subject and matter properly connected therewith,
which subject shall be briefly expressed in the title; and no
law shall be amended or revised by reference to its title only;
but in such case the act as revised, or section as amended, shall
be re enacted and published at length.
SEC. 15. Every bill shall be read by sections on three sev-
eral days in each house, unless in case of emergency, two-
thirds of the house where such bill may be pending shall deem
it expedient to dispense with this rule; but the reading of a
bill by sections on its final passage shall in no case be dis-
pensed with, and the vote on the final passage of every bill or
joint resolution shall be taken by yeas and nays, to be entered
in the Journal of each house, and a majority of the members
present in each shall be necessary to pass every bill or joint
resolution, and all bills or joint resolutions so passed shall be
signed by the presiding officers of the respective houses, and
by the Secretary of the Senate and Clerk of the Assembly.
SEC. 16. No money shall be drawn from the treasury except
by appropriation made by law, and accurate statements of the
receipts and expenditures of the public money shall be attached
to and published with the laws passed at every regular session
of the Legislature.
SEC. 17. The Legislature shall not pass special or local laws

100

in any of the following enumerated cases : that is to say, regu
lating the jurisdiction and duties of any class of officers, ex-
cept municipal officers, or for the punishment of crime or mis-
demeanor; regulating the practices of courts of justice, except
municipal courts; providing for changing venue of civil and
criminal cases; granting divorces; changing the names of per-
sons; vacating roads, town plats, streets, alleys and public
squares ; summoning and empanneling grand and petit juries,
and providing for their compensation ; for the assessment and
collection of taxes for State and county purposes ; providing
for opening and conducting elections for State and county offi-
cers, and designating the places of voting; providing for the
sale of real estate belonging to minors or other persons labor-
ing under legal disabilities; regulating the fees of officers of
the State and county.
SEC. 18. In all cases enumerated in the preceding section all
laws shall be general and of uniform operation throughout the
State, but in all cases not enumerated or excepted in the pre-
ceding section, the Legislature may pass special or local laws.
SEC. 19. Provision may be made by general law for bringing
suit against the State as to all liabilities now existing or here-
after originating.
SEC. 20. Lotteries are hereby prohibited in this State.
SEC. 21. The Legislature shall establish a uniform system of
County and Municipal Government, which shall be applicable,
except in cases where local or special laws are provided by the
Legislature which may be inconsistent therewith.
SEC. 22. The Legislature shall provide by general law for
incorporating such educational, agricultural, mechanical,mining
and other useful companies or associations as may be deemed
necessary, including Free and Accepted Masons, Odd Fellows,
Knights of Honor, Knights of Pythias and Royal Arch Ma-
sons.
SEC. 23. No person who is not a qualified elector of this
State, and no person who shall have been convicted of bribery,
forgery, perjury, larceny or any felony, except restored to civil
rights, shall be permitted to serve on juries.
SEc 24. Laws shall be passed regulating elections, and pro-
hibiting, under adequate penalties, all undue influence thereon
from power, bribery, tumult or other improper practice.
SEC. 25 Regular ses-ions of the Legislature may extend to
sixty days, but ;:ny special session convened by the Governor
shall riot exceed twenty days.
SEC. 2G. All property, both real and personal, of the wife,
owned by her before marriage, or acquired afterward by gift,

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