|
A BILL
TO BE ENTITLED
AN ACT IN R-LATION TO FOPTIGNI CORPOEATIOIIS TOI(:'r P.rI: 7 'S
I11 TW!" STATE OF FLORIDA, A-iD PO'-IDIDGC FOR TTTF E17V;CATIOY OF
TTVTIR AUTHORITY TO DO PISI;:ESS THEREIN
BE IT BP-ACT7:? BY TIHE F." IL.TUi.E OF TITE STATE OF FLORIDA:
Section 1. Before authority is granted to any corporation
already, or hereafter, organized under or by virtue of the laws
of aiy other State or Territory to do business in this State,
it must file in the offe of-Fice of the Secretary of State a copy of
its charter, or charters, and a resolution adopted by its Board
of Directors consenting that service of process upon any ayent
of such corporation in this State in any action brought or pend*g
ing in this State, shall be a valid service upon said cpopora-
tion; and if any corporation shall without the consent of the
other party to any suit or prccceding brought by or against
it in any Court in this State, remove said suit or proceeding
to any Federal Court, or shall institute any suit or proceeding
against an.y citizen 6f this State in the Federal Court, it shall
be the duty of the Secretary of State to forthwith revoke the
authority of such corporation and its agents to do business in
this State, and the authority of such corporation to do business
in this State shall thE.Ereupon be revoked,
Section 2. That this act shall take effect upon its approval
by the Governor.
SiLJAA; it has been broi.;lt to the kno~l.'--, of t;-hu DoCocr;ti
State Ex-;utiv Cou. : ltte of Florida that \;. '. Holloway, tihwe Do-
imou'ratc nonmineo for St-..,te Cup..: intendent of pi.blc Instruction,
is under !ro:;.-c-.tion for criminal libl,, by publishing a C(.,rtain
letter written by :,, .. Seats, in .hc;: letter certain words wero
intcorpipolated by soro o-:rn lettter aiLd letter hd bon writi..n and
A..: led by Lndid 'heat s
AR L-l AU; th.- vords so int..r. .,latedi wro cr.I cJ.a.iat`ed to br;):.
the writer into disrepute and to tsbject him to th~ indignation of
thJ p ,opla of the St;Ate,
A v ''-1;'^.-I AS the v.r'se of ti alil Holloway in publ ijL.;7
sai.d letter with such words so intCrp:olated ,a:u to .i ,'cIi the TDi-
ricr.atic vot-..r of the Stato of Plorida not to vote f.or t-h : .. in:.*-
tion of t-- said. :L. d is for State ~.u :lrintr;ndr;t of Public Instruc-
tion, and to cauBe and ;i.c;: t, .i to vote for the said UHo.ilowy,
AND '_ ..-.Ar', the said .h...-to repeatedly nd in the pru.ti.nc' of
the ;-aid Holliway denounced said letter with such intcr,Pilited
o'r.s to be f.-.le, arid a forgery, and chJJ-ljun-Cd the said olloway
to ',."duGkite said .lett..r,
AND .'-.i.JAs t],LL; said 'iolloway has 'refui. to produce s;-.IdJ Ict-
ter, an4d vwhen arrested '.uI ;ir crimLin-.l c3.r;.~7~ in cionmction ,:ith
said l-etter, instead of *ii,; din.g a ,lpuidy h.acring;, .3,llre hi:-; built
or irmocence could b,% established waived an jxi:(nEnation,
A.1') '-.. .AS said chaji- cs a-;.inU;t the said Holloway, $.f truo,
mra.rk him as a p'.rson unfit to be the no~.iinee of the Democratic
pd.rty, or to hold thk highl poultion of Sup)erintt.ndent of Public
Instruction for the St-lt- of 'lorid't,
AND WL :2;jAS there is a very gLnurral 1remand on the part of the
Democratic people of t ho Sptate th:it the said Hollo.ay be t kcun from
th ticket, and that they shall not be required to vote for a can-
didate /hose chiractor is aubj to just reproach, and hho is un-
'~~ reroc .q ,h i- _' n ..,
i "*1 ''
der cri.,.iinal prosecution for an act which makes hir-A eminentl.y un-
fit for the position of St;-.te CuIpu;intendent of public Instruction,
A2D ';*..-3jA; the said W. 7M. HTollovray has had ::l:ile opo'rtuniity
to prove that he is not guilty of having interpolated the objection-
able words in said letter, or that he did not circulate the same,
and charge the said Ch,. .ts with having written themn, knowing whon
he did so that the same was false, and such words were interpolated
by the said Holloway- or by some one working in his interest for th
position of State Sul..rintendent of Public Instruction, and has
failed to establish his innocence, or in any way to satisfy the
Democratic voters of the St&te that he .:as not a party to such
wronf; doing,
AJID ~"~iEAS the Democratic Excutive Comlmnittee is without au-
thority to remove from the Democratic ticket the name of any per-
son who h-as beenduly nominated by the Democratic voters at any
Primary election held in the ;"tate,
AND .-'. -.-A, the D., ocratic Executive Con~nittee has the authority,
and it is manifestly its duty to request thu declination of any can-
didate whenever it -s'all b e made manifest to them before the elec-
tion that he is an unfit person for the position, or that his con-
tinued candidacy will jeopardize the success of the party, or
bring the party int,) just reproach,
2j0; 'D~HTL; O.- BE7 IT JSOLV-xD by the De:~ocratic Executive Com-
mittee of the State of Florida that the said W. I. Holloway be and
he is hereby requested to withdra. from the race for State Supirin-
tendent of public Instruction, an. deoline said nomination, in the
interest of the Public Schools of the State of Florida, and the
purity of the De'..ocratic party, and
BE IT FURTMHE RESOLVED that in the event that the said W. M.
Holloway shall decline and refuse to withdraw from the ticket, and
persists in having his name placed thereon as the Democratic nonai-
nee for State superintendent of public Instruction, that the mo-
*- -/
-*-
cr tic ::;cutj^ civ on.lfe of the Stfc^;te of 10:.ri<: .--..L, (;^-h~r
Pronounces that th? Said . Holl.,^, i .
proJ. r p, ,-.)n l jo rosnn of tn fact, to orc: y, a
ii
] -' ~ .J~,, -.i" ** : .. O .- . .* ... ; i.
at of t" Dmocrut. party for .said "osi; on, ,.. ,, -
WO r live, all .k, in th tt, e of 1,oria fromai obliga-
t i o n t o v r t e f o r t h e s o ld 0 . K W *, i n.a l (
mf oirl Q shl 1 no t, w: rn 1
whall. iri. Ma: to v to Arbi, ur m. ,brll w.* f or uj char
crate for H3h8Ld nlg i n.
WHEREAS, it is proposed that the number of licensed, pilots for
the Port of0 Jacksonville shall be increased so that t.:re may be elev-
en such pilots, by the licensing. as such pilots of two masters of tug
boats o;:ned oy the Jacksonvillo To-wi-. and W7reching Company, -.i:i., ad- r
ditional Dilots are to continue to serve as masters of said tus boats;
and it is deemed mutually advantageous to the Jacksonville Towing i 0
Iand Wrecking Company, t-:.o nine pilots no,7 licensed and serving on the
!/ Jons Bar, and the two lIr-.'ters who are to beco licensed pilots,
that such additional pilots shall ,ie licensed and hall serve as such/
pilots only on the conditions her-inf .ir specified.
INo' therefore, it is mutually undi stood and agreed between i
Napoleon Broward, acting for -:th e Jacsonville Towing andT Vrecirking
Company a' o'r -: masters of th tug boas o0T1ned by said company,
1 &v( or actin_ for ,C-' the oth
4%kghlicensed pilots now serving on the St. Joiihs -ar, as follows:
1st. That the ~e~id in inr. pilots shl11 consent to and assist in
the proc.ring of the appoint )r.ent of two of the masters of tho tug
boats of the Jacksonville Towing and Wrecking Company, as lisened
pilots of the port of Jaclsonvil'e
'* f~~~~0-r- ^i^~ S~^ ^^1
2rd. Th;.t so loig as the s-.id nine licensed pilots si a ii
-;- ai* i .a e-.-.al( be able and willing to do all t.e business
of piloting, vessels at said port, said two newly licensed pilots shall
serve as pilots only on said company's tow boats, and shall not share
in the .receipts from pilotage of vessels, sail or steam; provided how-
ever, that should the pilotage fees be increased, then th -y shall re-
ceive (for the use of said company/ th1 amount of such increase.
3rd. That should there become 4vacancyka1oong said nine pilots,
br death or +t>erwise- then the .said two pilots sha 1 receive one share
by deat_ oil t t____ Z
..c h e -ili C -i~hTe, for the use of said company. That is to say: that
neit;y of said two pilots shall share in the present rate of ilotae
so Iong as the said nine pilots Sataa provided that they may by the
writiterl consent of the said nine pilots or a majority of them, at any
time l b.gin to render service and to participate (for the benefit of
K
I
I '2.
said company) in the distribution of fees.
4th. I- ir siutuually agreed that this agreement may, at any title,
be amended, changed or cancelled by a written agreement signed by said
Napoleon B. Broward, and said nine pilots or a majority of them.
I
--. it 2is JQ a;J'e tt T thie :.:L' or 1of lio -. 1,tilt for
t u Port of to:'3 n llo J l n ro; ;. so thi.3t ,u.- .... .. .; ulev-
en d :iots, bY t'3 li.i'i..' '.u. ilot o .<3 of tu g
Loai "- I:1, 't Ja I3o .' ill TowL. a d .,:ii;:: ..a2 y, d ad.-
didt-i z pilots ). to contin.to to ,re an -;.. u',rs of :.' t o. ts;
iai. li. i.; toti' i J.l.y 'v n-Ti : 1 cu; to V o y -- i' n -
and v'r i'ian: (,, ," .y, the nine pilot a lic"',is3vo ano 8 K'vir. o:. *thi
.it. J... R and th t.o Jaa"tes I ?- o to i'7(1.. ; iu ,
ti.....t ; i;t] l' t on jjilots fcinji'l '; .ris j-s.d f:n,; ;.i reor a;{- ... I..
tl.~.tS? oQi) on O: c ndit ... 3 .t LOr .' .jdol.
S' ..--, t .i ._ '< .;...; .. .2.' .(d O t v:')n
v "" on '.. -' 'L01tiL r in.X -;. 1:1 To. I .in
.u;.p. l: '+ .' ...... ..... O ;:< J/: .;^ o : 1,; I.id co......y ,
.th ..-. I.oo > ,e-..,~;,At (of t o 1 J. . t o
U0
pilots of i' .'.t of Jc'ko..ill.e.
2nd. That oo lo: g a the Iaci :.>- 1.1. ..\ v! pilui .3 K co0i-
tin toa. 0 r : .- : "illir, to do l tfe ..
, ...' : a pilots only on .] id, .; .. ..r 'I L,; .. boat .i .. .. 1 j.1 ... .... j
in thi ci)o olC.. f oifi .i..o 0-.. of v i .. tel "ail o i 't-.uri; prov.' :: a, h.l-
o 3f t..-1. s.o s:'. pilot& .(? ', ;s" b i.':r,-.. tat s2. t .h.ill --
c ive ( : the .... .. of s -. t "--.ny. thie L L .^t, UL .-i iin.re: se.
-., T t- should thi...'e oe .;; a va. incy 1.on .":L.- nine I i. utS,
b d" ;.t. o.- ."dd ?" .'., th:.: -.. 1r..' Tr lot. .. 1 T'ie.iv' ono z.oIe
n a, .o'0 1-' -..*.' Fi u 'o1. .,u* -,.,;n ; 1. two ..ilotl '.' '..
r2, .0 ..vt .j' a ..or 1 L... .a J..- 0tj h..;jly. TiHE.t iS to .: .y: thuat
neit u"f ':. .. .. L. :'-.ut3 .I. L'I. .i, .'.' i tL t jr-.inent r:"ite of "piloti L,8
au lon :ti. tiu, r; .-L0 nine 1iilts 1, ,rialn, pru'ided t:1it t-j;y jmay oy tit-
v'ritu1ln uo ne. t Coi' i :: i i.:L p. -,;lots 0 or ii juJ vity of TuloIm, at a34y
time, be.-n to rndor service ai. tu pa rtioipate (for ti, benefit of
j.6&..wL
li, :L'
" ~
I' j. -7. -
I A l t 'i "
f..' W
V\'JiEAS, it is prj.o.sed. that the nuIlber of licen~l:e pilots for
the Port of Jacksonville shall be ii.:r basedd so that thbre 1a7 bo lev-
en such pilots, .by the licensing aas .ucn pilots of two asters)C o tug
bG..ts 5 owned by the Jacksonville To.,l;-i: and Frecking Co ..:any, which ad-
ditiona1 l pilots are to continue to serve as masters of s'Iid' tu boats;
and it is deemed mutually advantageous to :,o JackIsonville Toyrin,
and *idng Conpwany, the nine -)ilots now licc-ls.. d and. serving on the
St. Johns Bar, and( the t vo ri,: '.trs vito are to beciiome licensed pilots,
that ch adAitional ,pilots r7hac.l be licensed and. hall serve as such
pilots only on the conditions hereinaitor specified.
No-' tere .''ore, :it i. mutuallyy un1-rstood --nd ;-:,I red betOwee
.apoleon B. Brow:ard, ctin; for the Jaclsonvil l To.-in. .n..c .e(l-inl?
Copl..iy anr" for tih leias-rs of ti-e tu_: oit o ned -b'y 2 i' cOri- :.Iy,
and aotini: or i: elf 1 n t:, ot.r
eight licenced D1ilots no : serviJ_._ ;jn tih S0. Johns Bar, as f'olows:
lt. That the s':i nin, pilots 1*. o1inuw_ to a So it iIn
the :;ro<:'ring of the U soi ntroit of tyo of t. ...trs o te u
boats of the J.r.asonvil .e Toing ai recin; Cop'.iny, as licensed
pilots of tche port of Jaoksonville.
2nd. That so long a' t he ; 3id nine licensed pilots soall con-
tinx; to serve an< s'hll be able and -willing to (do all the business
of piltin;l. .. vessels at said port, said two newly licensed pilots shall
serve as pilots only on said company',s tow boats, and shall not share
in the receipts from pilotage of vessels, sail or steam; provided, hov-
ever, that should the pilotage fees be increased, then theyf shall re-
ceive (for the use of said coi.tpany) the amount of such increase.
3rd. That should there become a vacancy a-ong said nine pilots,
by death or otherwise, then the said two pilots shall receive one share
and should thcire become a second vacancy then said tv-o pilots shall
receive each a Fhare, for the use of said company. That is to say: that
neither of said tywo pilots shall share in the, pro,:ent rate of pilotage
so long as the said nine pilots r, main, provided t;ht they imay by the
written consent of the said nine pilots or a inajority of them, at any
time, begin to render service aiii to p rticipate (for the benefit of
2.
4th. It P3 uul KLL rwod r WxL t this ;kxdiLIiet ny, t iy ti 0,
i
4.polon j i. Ewown *p B air nine pilots or a ejot .y f MLUMi.
f
In the Second Cironit Court of Florida,
In and for Leon County. In ChOtne6e-ry.
The jpint and several plea of 7illiami S. Jennins, Governor
of the State of Florida, A. C. Croom, CoinIptroller of said it.te, 71.
V. Knott, Treasurer of said tate, W'il;LaI Ellis, Attoor !ey General
of said State, and B. E. LcLin, Commisioner of Agriculture of said
State, trustees of the Internal Improverient Fund of te State of
Florida, defendants, to the bill of complaint of the Florida fast
Coast Railway oany, L. corporation 'eted and e-.istink iu-der the
Slavs of the State of Florida, croi il-iniant.
.These defenii ts, ri; protestation, -Iot conjife-sin_ or achnov.led -
ins the mattters and things in and b- said bill set forth and alleged,
in such rianner and form as the sare are thereby and therein set
forth aiind alleged, for plea to the --hole of the 'ill say:
That by ai act of Congress of the United States 500,000 C.-,ro
of l<.nd ".'ere granted to the StHate of Floridi. for :ur oses of intei-
nal iiirovement and it was in said "o(t provided, that the net ro-
ceeds froMi the sale of said l.nds should h.e faitl.,_flly t:w.lied to
objects of internal iiarove-ieLts .ithin the Shtate, viz: 'roads,
railays, bridges, cana-ls and i 'rovei-ents of .waer courses i.nd
drainage of swaps;" that Ly another al t of Congress the v.hcle of
the swam I.nd overflowed lands .iide unfit thereby for cultivation
were granted to the )tote of Florida, "to enable it to construct
the necessary leviees and drains to reclaim the swa.ip and overflowed
lands therein" and it was in said act provided that a patent should
issue to the state :~-d o that patent the fee simple to the lands
should vest in the state, subject to the disposal of the legislature
thereof, and it was in said act provided "that the proceeds of
said lands, whether front sale or by direct appropriation in hind,
should be applied, exclusively, as for as necessary, to the pur-
pose of reclaiming said lands by mea-ns of levees and drains;" that
the legislature of the state of Florida exercised the discretion
given in reference to said swan, lnids in the last :entioned act of
Congress and dis-oosed of the said swaM) lands by en act setting
apart and declaring that said sw;amnp lands and the aforesm-id
500,000 ;.::s of land, t ,--.ther with all fte .:poceeds tlit L] ad
-1-
accrued or might thereafter accrue from the sale of said lands, be
a distinct and separate fund to be called the Internal Improvei.ent
Fund of the State of Florida and to be strictly applied according
to the provisions of that act; said lands and all the funds arising
from the sale thereof were thereby irrevocably vested in five
trustees, to-wit: the Governor, Comptroller of Public Accounts,
State Treasurer, Attorney General and Register of State Lands and
their successors in office with power to sell and transfer said
lands to the purchasers, receive payment for the same and invest
the surPlus moneys arising therefrom; that, in accordance with the
direction of the constitution of the State of Florida then in force,
a system of railroads and a canal were therein designated as proper
improvements to be aided from the Internal Improvement Fund in the
manner therein provided; that, as to the .-amp lands, the Trustees
were therein specially charged to make arrangement for the drainage
of the swamp and overflowed lands and the settlement and cultiva-
tion thereof and to encourage actual settlement and cultivation of
said lands by allowing pre-emptions thereon, but in no case for
more than one section of land to any one settler; that the trustees
therein named and their successors in office, accepted, and have
continued from that date to the' present to exercise the rights and
duties therein vested in them as trustees of said fund; that said
act is now in full force and effect as to all the rights, and du-
ties of the trustees that have not been heretofore discharged or
performed; that there are now swamp lands undisposed of, unreolaim-
ed and not drained; that these defendants are now in possession
and control of said swamp lands, with all the rights vested and
duties imposed upon them by said aot of the legislature; that
these defendants are endeavoring to discharge the duties imposed
upon them; that the trustees have never been called to account in
the courts, nor their acts questioned, by the State; that said act
of the legislature constituted a contract executed at the time of
its approval; that the act of the legislature approved May 31,
1893, purporting to grant large quantities of the aforesaid swamp
lands to the complainant, a railroad corporation, was and is in
violation and contravention of the Constitution of the State of
-2-
- **
Florida, declaration of rights Sec. 17, and of the constitution
of the United States, Art. 1, Sec. 10, providing that no law shall
ever be passed impairing the obligation of contracts, and to that
provision of the constitution of the State of Florida limiting the
power of the legislature to donate public lands only to actual set-
tlers and then not to exceed 80 acres to any one person, Art. XVI,
Sec. 5, and is therefore void and of no force as against these
trustees:
Therefore these defendants do plead the said constitution in
bar to the said complainants bill and pray the judgment of this
honorable court whether they should be compelled to make any fur-
ther answer to the said bill and pray to be hence dismissed with
their costs and charges in that behalf most wrongfully sustained.
I certify that in my opinion this plea is well founded in
point of law.
R. W. Williams,
Solicitor and Counsel for Defendants.
State of Florida,
County of Leon.
Before me personally appeared W. S. Jennings, A.C.
Croom, 7. V. Knott W. H. Ellis, and B. B. McLin, who, being first
duly sworn, say that the foregoing plea by them interposed to the
bill of complaint in this cause, is not interposed for delay and is
true in point of fact.
Sworn to and subscribed before me
this 1st day of October, A. D: 19047 )
W. M. Molntosh, Jr., 7 W. S. Jennings,
Notary Public State of Florida. )
My Commission expires April 27, 1908.) A. C. Croom,
) RB. E. Mclin
W. V. Knott
7. H. Ellis
-3-
In the Second Circuit of Florida
In and for 7Leon Comuity. In O1Li.ncery.
The Florida "i;t Coast Railway Coipanay,
a corporation created and existing wiunder
the laws of the State of Florida
vS.
"'. S. Jennings, A. C. Croom, W. V. Knott,
7. H. jllis and B. S. IoLin, Trustees of
the Internal Inmprovement mund of the
State of Florida.
This cause came on to be heard on the )lea of the defendants
to the bill of complaint, and was argued by counsel for complain-
ant and by counsel for defenfiint; and thereupon, upon the consider-
ation thereof, it is ordered, adjudged 'indl decreed that the plea
of the defendant to the bill of complaint is sustained and that
the same do stand and be allowed.
And on motion for the complainant it is further prdered,
that the complainant have leave to amend its said bill by filing
such wunenduent with the clerk of this court, on or before the
first Monday the sixth day of March proximo.
Ordered at chambers in the City of Tallahassee, in said
Circuit this 25th day of February, A. D. 1905.
John W. Malone,
Judge.
/--
A Bill to be entitled an Aet
t/ aOourage and Seeure tho Construetioe ef a line1 Railway fr ma the
Mainland of Florida to Key West; to Provite for a Fair aiN Eqaitable
/ assessment of Taxes of the Corporation 0Castruoting it; to Previae for
Pair and Reasunable Rates of Freight and Passage by the Oerperation
S Censtrueting it; and to Grant Right of way oker the Submerged and
Other Lands belonging to the State, and ver the waters of the State,
and to authorize the filling of the submerged Lands, ant to Cearsruft
Buildings, Decks aan Depots thereon.
Whereas, The enastructien of the Panama Canal readers it
desirable an& impertait for the proper development of the State of Florita,
and to secure the State a fair proportion of the traffic passing through
the said esaal that a lie of railroad should be constructed from the
Mainlaxn of the State th the Island of Key West, and
Whereas, eo **cnect the Mainlnlu with the Islaan of Key
West will require the eanstruction of nearly e*a hundred and fifty miles
of railroad, a large pertiea of which amut aneessarily be ver reeky
islands and through the waters of the State, which aa never be made to
produee any revenue, an
Whereas, It is estimated that the e**t of properly ean.
struatiag anl equipping said line of railreaM will aggregate many mil-
lions of tellars, uan
Whereas, It is Lesirable that sai line of Bailt~a ball
be constructed as speedily as pessJ le, and that pledges shall be given
by the Sktee of Florida, that will enQeurage the investment of the
capital ee*ded for the construction of said great highway of traffic;
S/therefore.
1 .4
2.
BE IT ENACTED BY THE LEGISLATURE OF RKE STATE OF FLORIDA:
Section 1, That any existing Railroad Corporation in this
State, which shall within three months after the passage of this act,
and its approval by the Governer, file in the office ef the Secretary
ef State a plJt showing a surveyed route sad line of Railroad definitely
located aad described, from the Mainland of Florida to the Island of
Key West, shall pen esamplying with the ether provisions of this act have
the right to eenstruet and operate a lle of railroad from said Maina
land of Florida to the Island of Key West.
Section 2, That the Corporation so filing the plat as set
forth ia the First Seetion of thls Aet shall begin the actual work of
construction within six meathe from the filing of the same, sad shall
have said Railroad completed aad ia operatioa to Key West within seven
years after the passage of this Act.
Seotieo 3, That from the passage of this Act the assess-
meat for taxes per mile of the entire line of road with the State
of Florida of the Corporatioa Coastrueting said line of reas from the
Mainland of Florida to the Island of Key West shall set be fixed at a
greater sum per mile than the average assessment per aile of all ether
lines of railroea operating within the State of Florida.
Seetion 4, That the line of railroad from the Mainland
to the Island of Key West shall be held aad considered for the purpose
of assessment of taxae the same as if it had been built on the mala-
land and at no greater expense.
Seetiea 6, That in fixing or ehaagiag the rates for
freight or pasag e to be charged by the Corporation eastraeting said
liae of ret O Srem the Mainland of Florida to the Islana of Key West
-1
3.
it shall be the luty ef the Railroad Commnissin of this State te oea-
aiaer the legitimate actual seat of eeastraetion ef the entire line
of read. lyirg witia the State of Flerida owned by the Corporatieo eom-
struetiag said read from the Maixlaad $* Key West, ana the beadet ia
dobtedaess per mile, aad te fix sash rates for freight saA passage as
will set prevent the Corporatei eeoastraeting the sai llne of reta freo
earning the interest e* its beaded ilaebtedeaes, set exeeeding five
per seat per asume and. a shaking fund set exceediag three per eeat per
aunun; provided the beaded indebtedaess of sAit Corporatioa doee aet ex-
eeed the legitimate actual seat ef eenstruetion, of bettermaets, defie.
lexcies in eperatilg sadt ~ a equipiag its llae of railroad. And
previted farther that the rate ef freight and passage shall aet exeeed
the maximum rate in free eo the First of April, 1906, ad reeegatzed
and authorized by the Florida Railread Coemisslaa, without the eeosent
ef said Cemmuissie, aad such rates shall set be reoaeed by sail OCr
missrle until sueh time as the aid Cerporatioe shall be earaing a
profit exeeoeiag five per enat ex its beaded laiebtedaeos aal a slaking
fund set exeeedig three per seat per aaava ea the actual oest of sea.
atraetieo, bettermeats, defiSilaey in operatlea san equipping as here.la
before previtel; Previded, that the rates of freight sat passage as
herein provided for shall apply eoly to the aew existing lies of real
ef sail CorperatioaO sad the propease line frem the Matalaad ef Faerida
to the Islant of Key West aan aet to laeas of read hereafter required
or constructed by said Corperatioa.
Seetien 6, That the Cerperatieo eeoatruetiag said llae
of railroad from the Mdalaad of Flerida to the Islaa eof Key West
shall at all times keep their beeks eope to the ispeetioe of the Rail.
etioa of the Rail..
4.
read Commissioe, or their Auly autherised agent or representative, shew-
iag the a*tual eeat of construction ef their line of read, including
right of way, real bet, trackage cost of buldiangs, depets, warehouses,
motive power, rolling stock, sad all other property, oest of maintenaneu
ant earnings of the railroad of the said Corporatioa, and shall frem
time to time, when called apea by salt Railreal Commission ai writing
sat within sixty dals thereafter furaish to the sail Railread Cenmlsa
sies a written statement showing saeh original oest, east of operating,
maintenaane sat earnings.
Seatioe 7, That the Corporatiea s filing the plat as set
ferth ia the First Seetlea of this Ast shall within three months after
the filing of sail plat as set forth in Seetina 1, execute to the State
of Florila a ge& and suffielent beal with suffiillent auretie thereea,
ia the sm of twenty-five thoeaand t llars seenitionle for the letting
of sentractsana the employment of labor la the actual seastruatles ef
the work of said read **aasetiag the Malalad of Plerlta with the Is
last of Key Weot within six months after the filing of the plat shekwag
a surveyed route anl line of ralreoal teflaitely loesteA and deserlbet,
the sum of meaey meatlenedL t the sail hea to be ferfelt*a to the State
of Florida if the actual work of seastrutlea as sail line of raliero
frem the Malanlta ef Flerlda to I 3 Key West is aet actually
began and preseouted i geed faith within six meaths fre the late of
the passage ef this Aet sad its approval by the Goveraer.
SBatieo 8, Mhat the Oerporatl eeastraetlag sail line
of railroad from the Mainlant ef Florida to the Islanai f Xey West is
hkreby granted a right of way for the with of two hatrea feet on eahe
side of the railroad ever sad through the landA wai by the State of
tate of
$*V
5.
TIerita on the line of its read aqpt the right of way ever the waters
of the State two hundred feet ea e akh side of the reatbed aan shall
have the right to fill in sesup iada cause the submerged lands of the
State en the li of its read for two hkunred feet ea eaeh site of the
line of read bed aan to eoastruet trestles, enaerete arshes aand raw-
bridges ever sad en merged leads, baild eockse warehouses, Aepets and
ether buildings ever and eo ,,ibmerged lanls, sad held and occupy aad
use for its eerporate purpose all lands maie by filling in the sub-
merged lands en Its line ef read anA trestles ever and through the
waters comestilg the naialland with the Island of Key West.
Section 9, that all laws or parts of laws in senfliet with
the provisions of this Aet be, and the samee arhereby, repealed.
Section 10, That the provisions of this Act shall take
effect t-ntb-a.r gm- from and after its approval by the eGoeraer.
In the Supreme Court
of the United States.
McGee )
Mathis )
The CHIEF JUSTICE delivered the opinion of the court,
and after stating the case, proceeded:
The first question which requires consideration in
the case before us is: Was the levee tax imposed in violation of
any contract between the State and the United States?
It is not doubted that the grant by the United States
to the State upon conditions, and the acceptance of the grant by the
State, constituted a contract. All the elements of a contract met
in the transaction,- competent parties, proper subject-matter, suf-
ficient consideration, and consent of minds. This contract was
binding upon the State, and could not be violated by its legislation
without infringement of its Constitution. See /6 F7L /-fad
The contract required the State to appropriate the
lands granted to the purpose of reclaiming them. The lands themselves
might be conveyed to the levee contractors for work performed, or
the contractors might be paid in money or in script representing
land. If the State, therefore, after acceptance of the grant, and
without applying the lands or their proceeds in money or script
to the purpose of reclamation, had sought, by means of taxation, to
compel purchasers to pay for the levees and drains necessary to
reclaim their land, it would certainly be difficult to say that
the contract was not violated. But the case before us hardly comes
within this description. The allegation and proofs do not show
that the State had not applied all the lands granted and their pro-
ceeds to the making of levees and drains before proceeding to im-
pose the special tax; and if this was done and the work of reclama-
tion still remained incomplete, the imposition of such a tax for
the completion or preservation of the work, cannot be regarded as
2.
inconsistent with the obligation of the contract between the State
and the United States. (pp 155, 156, Wallace's U. S. Sup. Ct. Reps.)
WHEREAS, ny n act of Congress approved September 28,1850, the United State
granted to t~e'State of Florida the whole of the swamp ant overflowed lands
belonging to the United States in the State of Florida upon condition" That te
proceeds of said lands, whether from sale or by direct appropriation in kind,
shall be applied, exclusively, as far as necessary, to the purpose of reclaim-
ing said lands by means of the levees and drains" ; and
WHEREAS, under said grant there has been patented to the State of Florida
by the United States more than one-half of the entire surface area of the
State or exactly acres of swamp and overflowed lands, of which
acres have been conveyed to railroad companies and others, leaving of said
acres only acres, which, by virtue of
Section 2 of Chapter 610, Laws of Florida, approved January 6,1885, Section
429 of the Revised Statutes of Florida, are now held by five trustees,to-wit:
the Governor,the Comptroller, the State Treasurer, the Attorney-General, and
the Commissioner of Agriculture of the State of Florida as Trustees of the Intel
nal Improvement Fund of Florida,"in trust for the uses and purposes "provided
in said Chapter 610 Laws of Florida; and
WHEREAS, the said Trustees of the Internal Improvement Fund, acting under
Sections 2 and 16 of sai& Chapter 610,Laws of Florida, Sections 429 and 432 of
the Revised Statutes of Florida, have in their custody as the proceeds from the
sale of some of the swamp and overflowed lands patented to the State as afore-
said, the sum of $ of which sum $ cannot be used by the
said Trustees for any purpose, because of an injunctionforbidding its use, is-
Circuit
sued by the United States/Court in a suit brought against the Tnustees by the
Louisville and Nashville Railroad Company; and
WHEREAS, only a small portion of any of the said acres of
swamp and overflowed lands patented to the State as aforesaid, have been
drained or reclaimed, and
WHEREAS, the Legislature of Florida,recognizing its obligation and duty in
the premises, at the regular session thereof in 1905,by Chapter 5577, Laws of
Florida, approved May 27,1905, authorized the establishments of drainage dis-
tricts in the State, and tje collection of a tax on the taxable swamp and over-
flowed lands within such drainage districts, to aid in the drainage and reclama
tion of such lands; and
WHEREAS, the collection of sail tax levied in a drainage district establish
ed under s Chapter 5377, Laws of Florida, has been enjoined by the United
States Cir ui Court at the suit of several foreign corporations, which own ;.
land in su dIrainage districts; and
C 2-
WHEREAS, constitutional amendment proposed by the legislature of the State
at the regular session of 1905, page 435, Acts of 1905, providing for the estab
lishment of drainage districts in the State and the collection of a tax on
the taxable swamp and overflowed lands within such drainage districts, to aid
in the drainage and reclamation of such lands; and
WHEREAS, the said proposed constitutional amendment has been rejected by
the electors of the State at the general election held November 6,1906; and
WHEREAS, pursuant to the condition contained in the Act of Congress granting
the swamp and overflowed lands to the State "that the proceeds of said lands,
whether from sale or direct appropriation in kind, shall be applied, as far as
necessary to the purpose of reclaiming said lands", and in obedience to the
mandate of Section 16 of Chapter 610, approved January 6,1855, Section 432 of
the Revised Statutes of Florida, that the Trustees of the Internal Improvement
Fund shall "make such arrangements for the drainage of the swamp or overflowed
lands as in their judgment may be most advantageous to the InternalImprovement
Fund and the settlement and cultivation of the land," the said Trustees us-
ing only the proceeds of the sale of some of the swamp and overflowed lands,
have had constructed two powerful steam derrick dredges which are now in opera
tion at or near successfully and rapidly digging a canal to be one
of a system of canals and drains and levees to permanently drain and reclaim
the swamp and overflowed lands at and
WHEREAS, the Trustees of the Internal Improvement Fund now have in their
custody only a small sum, to-wit $ available
to continue the work of drainage and reclamation, owing to the injunction a-
gainst the use of tre money on hand issued as aforesaid against the said Trus-
tees by the United States Circuit Court at the suit of the Louisville and Nash-
ville Railroad Company, as aforesaid; and
WHEREAS, the Trustees of the Internal Improvement Fund do not deem it advisa
ble at this time to sell more of the swamp and overflowed lands now in their
custody; and
WHEREAS, a suspension of the drainage and reclamation operations now in
successful progress as aforesaid, would be against the best interests of the
people of Florida, in that such suspension of the drainage and reclamation oper
nations now being successfully conducted by the Trustees of the Internal Improv
ment Fund as commandedcoaf them by Section 16 of Chapter 610, Laws of Florida,
Section., 432 Revised Btatutes of Florida, might be considered an abandonment
by said Trustees of the trusts imposed upon them in reference to swamp and
overflowed lands by the provisions of said Chapter 610,Laws of Florida, Seotiorf
429 and 432 of the Revised Statutes of Florida; and
WHEREAS, it is deemed best for the interests of the people of Florida that
action should be taken without delay to continue the work of drainage and
reclamation of the swamp and overflowed lands, begun pursuant to the statutes
aforesaid,, and to protest and preserve the property belonging to the Internal
Improvement Fund for the benefit of the people of the State, therefore,
Whereas the undersigned stockholders of the Jacksonville Tovw-
ing and Wrecking Company are interested, mutually, in making the
property of that company profitable, and are desirous of working
together to that end; and whereas it is deemed to be very import-
ant to the interest of that company that an arrangement shall be
made whereby one or more of the masters of the steam tugs of said
company shall become licensed Pilots for the St. John's Bar and
River.
1Now this a-reeoient withesseth;
1st. That should it be so arranged that any of the masters of
said tugs shall become such pilots any compensation received by
them as such pilots while such pilots shall be for the use and
benefit of said company, to be paid into the treasury of said
company, unless otherwise arranged by the written consent of all
the parties hereto.
2nd. J. M. Barrs and N. B. Broward as consideration to the
other parties hereto for this agreement agree to use their best
endeavors to procure the above stated result.
3rd. It is understood that N. B. Broward shall have the right
acting S)r the parties hereto, to make such arrangements and
contracts as he may deem advisable, looking to the accomplishment
of the desired results above stated.
'7-
i^^^t^MW
^! ^/ ^
^%^^r (7^)^^^
j ^ ^ Q C
'1 -
-1 . .:..' 1 1j., 1 "' ",. ...... :: : o ,.i . , e r
of t~ o .. . .. .J--..,o.v i -e T o
S. r' 1 .
- . . ... ... .. ..... -. . . a:i .. . : . _" . ' ..
iLot
aS .L'
r:
q :.i :","
-- - ; :*' o '. "i i ,"' T r " -. f' -.'' o 1 -
. . .
c o *: 1 T '. .,: a" n... . '..: .' *." . .... .
S.r *o ,
( o J.- A i
m 1';^' 0 1. ti no of
ilot i.; )!" so .. "( .
-,v:-, a ll -:Lots o, ,A. ':;: .i .(:c. ':: .:t' tot'-- ho-'tA- r. . .'
i. 1 r c .ts .o i .d. ," ,- o- v : Fesels, ,so i or "teaoi; :o.rir." ; '
-:o tstrever, t.;: n eoiil -'. i pll t'-':; e f -e :- l;'rep' -*dc *t.:.ut *-o. :o (a' i- i >oe
*i iot. l.) \ ,A-kl f c 1.'A e (fo3 tho A'A'- of iA '-('A c,-,, (it) t se' r .,:-* t oa "'~'~nt
ifj.:.. .. n o. n o ,
i ,,o'i. 1' rt *t '..* :ro ;' cO o t-(c.-'nAol' o a oio :; n:i '. 3iii;o Tilots
t. *t or- ots'COrQ ons thrt *!LC ; .f,'. 1A A.) "t : t A :;,t rfctoarl Ao
y ot rol01ie otr *0re. '1 y ca1if~trl 1
all tilhe re:, tf7n tU -A two F110ta il r-ci on -.
t- C;: os nccorine: to th rn br ; ores to '-ot v ork, fo3 tl
ute o:f cRld or 2:. e, .. r ; I
r ,?,- 7
i. B11 ihr:e In the .:o..- ent rate of 1-e o Io t.. : ,
.--'ts, or the Ue:J, (7 ., o -., .,- c I
iy. U 7 lots 01
.inr 5 r o i 7 *. , to ..- Oo..
"'C at,-;AJ to *t (tici, te! (r-r -tnii.O: -, e:;.o s -n c::-: ) ? 5inr the f-17
tri *', '..Ion of fear .
A lol 'on I. .ro3 l :i 'il .
A bill to be entitled an Aet to EMnlarge the Powers of
the Railroad Commirsion of the State of Florida.
Be it enacted by the Legislature of the State of Florida.
Section 1. It shall be the duty of the Railroad Commission
of the State of Florida, and they are hereby empowered, whenever
in their judgment it may be necessary, to employ a competent man
experienced in railroad track and bridge work, to inspect the phy
sical condition of the road Ibed, right of way, tracks, depots,
rolling stock and other rixtures and equipment of and railroad or
railroads being operated in the State of Florida. Such civil
engineer shall be paid such compensation as said Railroad Commis-
sioners deem proper, out of the fund available for the mainte-
nance of the Railroad Commission, and he shall report in writing
the result of his inspection to the said railroad commissioners.
Section 2. It shall be the duty of said Railroad Com-
mission and they are hereby empowered to make and adopt reasonable
rules and regulations requiring railroad companieseaid other com-
mon carriers operating railroads in the State of Floriia to main-
tain their roadbeds, rights of way, tracks, depots, rolling stock
and other fixtures and equipment of such railroad lines in such
safe and proper condition as will ensure the safety, health,
comfort and convenience of all passengers and other people of the
State of Florida.
Section 3. It shall be the duty of such Railroad Crom-
missioners and they are hereby empowered to ascertain the char-
acter of switching device which is the most safe and practicable
for use on the railroads operated in the State of Florida, and
to require the use of such switching device by any and all rail-
road companies or other common carriers operating railroads in the
State of Flotida in the operation of such railroad.
ect ion 4. If any railroad company, or other common car-
rier'operating a railroad in this State shall refuse to comply
with any rule, Arder or regulation provided or prescribed by the
Railroad Commissioners under the authority of this Act, or shall
2.
otherwise violate any of the provisions of this Act, such company
or cordon carrier shall thereby incur the penalty for each such
offense of not more than $5000. to be fixed, imposed and collected
by the said Railroad Commissioners in the manner provided in Section
12 of Chapter 4700 of the Laws of Florida.
Section 5. All laws and parts of laws in conflict with
the provisions of this act are hereby-repealed.
Senate Bill No. 71.
A Bill to be entitled an act making incurable insanity
a ground for divorce of husband and wife, and regulating proceedings
in such cases.
Was taken up and read the third time in full and put upon
its passage.
::r. Clarke of Jefferson moved to postpone Senate Bill #
71, and that it be made a special order for next Thursday, April
25th, at 10 o'clock.
Which was not agreed to.
Upon c-ll of the roll on passage of Senate Bill #71,
the vote was:
Yeas: Mr. Speaker, Messrs. Amos, Anderson, Broward, Bu-
ford, Close, Corbett, Davidson, Davis, Duckworth, Fulton,Gillen,
Gornto, Griggs, gunn, Harvell, Hopkins, Hunter, Jacoby, Johnson, Jones,
Lee, L'7ngle, McGiffin, McRae of Putnam, Palmer, Parrish of Holmes,
Porter, Raney, Raulerson, Reding, Russel, Smith, Sparkman, Thomas,
Umstead, "Tall, :Thaley, 7illiamson, 'ilson, 'olfe and Zewadski--42.
Nays: M:essrs. Bates, Blanton, Brown, Burr, Campbell,
Chambers, clarke, Crawford, Dowden, godfry, Grant, Hendry, Jackson,
Koonce, Parrish of 1ianatee, Minholster/ Rivers of Alachua, Shomaker
and Sledge--19.
So the bill passed, title as stated.
And Senate Bill 3 71, was ordered certified to the Senate.
Mr. Palmer of Orange moved that the vote on the passage
of Senate Bill #71 be reconsidered and that motion be laid on the table.
Which was agreed to.
A bill to be entitled An Act to Trovide for the Appointimceont
of a Fish Coimmissioner for the State of Florida, to Define his Duties
and Powers and to Provide a Systen of license Taxes for the Several
Branches of the Fisheries Industry of this State, the Tevying and Col-
lection of the SaiQe, and to Prescribe a Penalty for its Violation.
Be it eniated by the legislature of the State of FloriIl:
Section 1. That the governor hall appoint a suitable -person
who shL;ll be known as the State Fish Commissioner and vuhose tena of
office shall be four years, the approintienent shl" be confirmed by
the "onate.
Section 2. Said 0oiiissioner mny appoint one or more deputies
at any place or -oint within this State which he may deem neceSsary;
such de-puties sh<.ll be known as Deput:y Fish foioi-issioniers, and they
shill hold their offices respectively during the pleasure of the Fish
any
Connissioner who ray sunnfirily re.i're one or rall of them whenever
in his jnudgienl he shall deem such a change for any cause advisable.
The Fish Couiissioner and epitiy Fish 0oiinissioner shall be vested
with full police powers and shall have authority to make arrests with-
out 7Fwarrant L;nd to hold for prosecution for twenty-four hours, ai-ny
person or persons violating the laws of this State relative to taking
or injuring any fish, shell-fish, oysters or any other product of the
waters of the State. They shall also have power to seize and hold any
boats, used in violation of law together with all implements, tools,
tackle, apparel, furniture and equipment belonging to said boats and
persons.
Section 3. It shall be the.duty of the Fish Comnnissioner to
give his entire time to the fishing interests of this State, and by
and with the help of his deputies, see that all laws for the propaga-
tion, protection and preservation of the food fishes, oysters and
other shell fish, and sponges in the public waters of the State of
Florida, are enforced; and to select suitable sites, locations, lakes
or streams, and other bodies of salt or fresh water for depositing
in and supplying such waters with such ova, span or young fish as
-1-
I -M
;a; >e obt: ind fro" the United .tAnt, Yish GooiW .-Ion or Mu.::r
sources, or for tho notll.0 antA flsh MOWNlf n PP; To
tiv*v0o0 bti y !W,
Section 4. Th~? .ish : o'. .on.er sIhall reoelv on .un .r
oz: -...?rv of tw,..lve hundred (:i .< 7:
u.on 5is o*.n re .iSiAcon, : MhE C:hal be :id o ut of th r ;do
"M' sin: fro3 lcns provided for in this ant; pM. ho AMA n ow-
od. hin k I..c r;iraling v: i.;es not t.Q .oaed fiv e him[rM 1 d(:l".rs pier
3.n.f..iuE, rov.i doo that no travell inE : exr nseb;he ).owe(u nlsC(S. UT(O chors
sloGw thi. ;n f :1 ;er.. .-; were ;ctua''llt/ ; 'Td. 'heR ibl l.o. be a.I-
l0 t sim on 2 :hre hunarr 3ol1.r Ph o/ *r, -,or 0 niob 4t:.ereof
as ;.hull h:e nenia;-ry., to b. ur. a; P :; te :..": .bolorniMEo, 7lonrr in
Pa ,:,11. t or 0t.n ortti: .? .OA} ov, p'.wn or yo .h.. as ther
o i;i .loner ?." ;. ro fro. t3.. : i-tod "t;0Wto Fis, h '.- .l. ot or
01r' nr urces. A11 e:*.;nes innh.1'.OC.> 1 ,nd 'V.'i'rl MiMdIor ai- 3-'2o-"
V..i onB of .l oti .on .W' :l 1. -O pLa out of tMhe f{'siS nr;'inI
Fron licenses ;.-i .-J :1t r :iln thin ct; and ChrAl. be tr.i teid b. the
;oa*trolle or -.on Lills 1oeln pro;entei properly certified to by tM e
AOL; Vo W1i0 loncr, LMn ho ot He r Thall from tri- to dtl< draw
:is O.rr nt upon th -tte Tcoasuyer for t. ', h1;.
shall r' colve ?.n b con anati.ton ons hMaf of ol1 fines recovered upon
p-rosentions procrd oby himr ?o violM.=on oA th fl.he.xe lw; of:
.thi '..tt, n hall ai no tr oon of
*pros;u -Mon in the oca rts in s...08 of violation of t 'o f?. i-ex'v/ l wnc,
shall be the suAine ".-s for nie.:tiecx 3 :oden. "eju< ll be it n .ualtion :lto
the fines prosoril.edl thereinn, WnA the rea.. l.....: half of the "l..
so collec;"
reveone fuind of the Etate,
otion 5. j ..- :Ish (onissi owner shall h-v. ovt'.ority to
apply to tho ..ti,o:..P- GOenral for his official. o inion upon n. qu.s8-
tVon relatinC. to the (ona',-...i-tion and in1o.r'oton" L of tA.i. laws, !i', the
,ditio of ie o 7.'.l;i o:, ,.i..:'': r undnr the f.l;? ry laws, -n.. nv, ar he
vhall nee& 1~-.-1 f tr ine; and the w. -n.'t Genner al A.M. .-M ih -a'
1-. ? 1 anit' ..*io ho hS5 e u!y i.'ni useful or nno:o'.. ry in th confnit of
-Ay pit broun.t 41; tM :sh ;l]i !iD0o in 1 MAIiVQn Op *U, :. V-
Mlons o( NYte r:l. t.a ote"W r O NO, ojet;ru .: M or &Q-1.
?fih, bn sp!li in th mbllan htW;rs 6f QI.S 'tot Th'e Ptahn.. --
: i U lner a 'll m-A.e coa leto i;n O V if'.'i *; n .
GOvaS s(r otvary twob ; o.
..*44. .44 .4 4
4~~r 2 tvo,:'.
ir; In hi e buit noiSi 0 in;- ('i A n s 0r fr -.; V L a..
s-pon, o I"a Mh Vut'io .rl. 1...e, for Sa-le, W. 0lv t icT or b!; tii
L t G.Ill first obtU in liou .; e ;J.. ere: .or, .; *Wl t .wit .. ,
'y a L 6ha, 6Va vO~ n ne'n ot eI: xyOQ62 two hun.rn 4t .
Z'4" . .' '.4.-........ .. .. -, . ..". .. .O
or a A mu m r a "Y an two hlun AreI A C 11 ds
W r"o otf : LT 1 :no t a m a. j T N O N, "e t,
Sor oe.icL
,l f Ceit ii
ii.:.1ir %1 :. q- 170'
N7 o o'h;
li OT nlito ;o
'or eabch
For o'emh
ncdr'. yoR.) n
For each~
Fo.r t o-('},
]- .h -n.i not
For ea00}h
dry or> !OhI seine four hurod feet in
; -;: e 0 f ', ... [ , .. .
WOOPOAL W07 "4- N i'
j.' c ) 0: at) bi'.no W M K do.m fao t bi -
0 e e iton hunre.d Nt .
e i4s tr.,-t;-Vo .idred Norit in lvnh, ,
,iL or o'her Wan.i6 t l.y'/ '-two hlu-irO fOc, ,
. . . S..0 ... .. ..... .. . . . : .. . . .. .
'. t-clK'iss jO004.4., rda]', cI \ ?.' nr ,4 . .
I.' raM- a so 0, , , J .. . 4 ,. . ,
:Il^T not or A:NAft nnt., not e>:o()ding one
in lon;th ,. .,, ,.. ...... .....', , ., ..
'-L4, o' ri MfR nt onn hundr.- !.W:4. in
ocedind to Wuireo ;rds in onnth, , , .
.111 or ,,'ift no't ,wo handrea ,rias In
e "O.' in; tn e hru red ;,. s i .In IU1 'i.:: ,t i .
.ill or drift not three hiad., lards in
S-'
ZT'
4' , :
S 7.(.)
, .: ..00
. ,50.00
Z. 2. .00
. 0.0")
6, o"
lenligth nd not omccoding four luand.ed yord::.s 7. .inon th, .
lon.1th o n! not e eed-inZ AIva l dimod In;r 1j-m:1 ,}
For mah acto ,,
Nor ma nL M Y 01 qat .. . . . ..... .... ..
r e -, . , .
yor ma ns W01m Y t an W0r
N ot K h *(-, .(., '. t .Lt h. .. .... .
Vo 0A n O t t W: ,., . . A...
A7 n U~nUnarnx ee i Rnnh U
Le6n t!"Oo
i rl
. -i.-
II- I.
-,
II
''"
nr~
'o c b o; l i .. t ^x^: e(-i.r ^ n
t -- t . A.....: . . ... .. . ..1 P . ,, .
For each bont o:f .i t o n ;.e 'a ntoo tnt r :n
twen ty-five IA s V 8 .tons UU 5.,,,,,,,* .0,.... A. .. O
For each boht A twnt -five tons =4 not n-
Ce Ains Y rty tons .
I ;o.( BUn V ?: .ent, ... .... ,,. .. .. '
For)' wah bo. t V :0 of fort t.ons or un-
,rds, : ". A Au0A-r,, 'Aint,,A ,A, ............................... ... : 100 .00
For ''. :Ur Oi o ysr to..',. A- d e:ah rkne
hoe, :gr b. n.; i. pon e hook .nd wAte.r g lann, .,i ... . .. . . 1.00
A;.ni. .for M;rlanlo; e: o'per.ited.c by '3t-:.., asolne,
". foll;t.ws:
.L(. 20 r '1"r1 O0 ;"!0, C A) *. 00 ')
For o.ch uinch not e:x
For ennh 1.nc oh three horme i"r nr OWnu not Fxa(:.' ,t-
-4-
:. ,35.00
A 4
ing ,-v n horse : power .. ... .... ....... 5,00
'Or 'e obh lalnc.oh of o'even horse ,owe'r :r n not,
exca dinLg ten horse ;-ow'ver, ..,... ,, ..... .......... . ..... ; 0 ,0.)0
?or enh Itanch of t"n hor povwer an: not ex-
ceedin- tw nty horse *-ower, .. ................ ...... *0.00
For all l inches over twenty hor, se -owero, ..>...... 4,0.i00
The ow.'nrs, lessons, imn. l:er or oners:tors of adll l;inrhec,
bo;tA or vesboels oomblning bot;h sail and 'otor po-ver, shall *,:hen u..;-
.lyin': .or licen,-e ,.ate .d to "et ,,l o: v.f.l or o t 1,:id....
uioer'.te unr, -nti. '. li;cnn, ,hall beD i-,,ed a.oordingly in j-roT or-
S.tion to on.ne. o:r horse po?: :O s cio:lwhere rovideti in tlit, set.ion.
"'Lhis provision sh.-.ll 1 prl. only to la.unIhes, Loafts or vTssr-ls of
fortyt ti1ns ;ch, or iventy ho~r;e T-ower ta;h anid over res:'e ti'7vely.
3ll such boits ,h.ll be nmu'!i-ered in l_.c-; figr2 not le8 "h" n six
inches in li.lht upon J vhite w-roun, which num-ber hall. be ox.oscd
in : oiwo!'?luoU (lCO upon Ridrit L bo.-t
reotiomn 7. .11 llienss provide fr 1n t hi t '..l be-
cor:me 'e -nc ..ls on t, f. rt n; of .'to'Lr in each ayear, Loein-
nint. with ';ftoeu 1. 190 t the .: ': l... .lecto tr 'o ..h o.t. in, the
uioe r-an;;e;: f>.i- otho'r l.cen.rse taxes a;re pa'id; an.-l thia'Tax Collector
;hall i;::Kke *ret.'rns of the aid. l.ijnco; to the Co ;trol.ler who chal
-alace tht iuLus8 so deYrive*d to t(h, credit of the menral revenue .-;..i.
emotionn B. Any eoroon or persons, firm or o"'pry,, who
shall engage in o&tchring fish, o0- terms other shell fish or sponT-s,
in theo public wat'r, oX this a ti.;to for nare, ':ithout first having ob-
tained lic;nse so to do, as provided for in this not, shall be
L-i 'ty of isn:deirteno0r, ,and sh-iL! upon conviction thereof for en:-
andi overy offenBe, be subject to a fine of not leas than ton dol Thru
indn not :,ore than t-o hunl'redi and fiftyj doll'rt-o, and the seizure of
Sluli boats, net, ei, seines, or oth)or ppli.inooes i- may comose t. e
business outfit, w..hioh ,shall be held bby the court nintil such fine has
been pa.id and the proper lieronse o;bt~in.,rd; ind all lporons so eni:,.ed
in fishing as provided for in this act shfjll at any tine upon do:,,Lnd
of the Fish rCoon.is..ioner or his deputy or atny one of then, :p'or'ptly
/ exhibit his license.
4*
ont:ion 9. The O. om('n ^:.". Ioner '^;h, un e I7;4 othr:-.ic "r i 1 ibitoe
1.4 l- y4 l4.;5e p44t 4uU n4ter; o: 4 or\-l; 4, 4' ani -:"i Li p.5' ;cn, n;
U'a e o- 'i nd ..,lth n I .i/ A.^te, o verod '. four 4ft (.4' '7i. "r 4, t
r::enn low ^.Ide ?-o? .!'lineci'*,d nupon Em:-l the to"1 >nii ;;lotsb in 1l' .'tco
4;~~~~i 44_.7; (i S
(4o f t i { 's t, 44 *,4 :.. ? r .' r44 4 4-.4
c'onr ti xcns *;; h.' up down;' ]**'*{o i\r I'l' no^/ ,Co f- longer terfjtmji ten
^fo^"'" or .fo '" n i'l' fo.'t'r ^*'*rL ller: .I've voars,. nor for'' a '**ntit a:' li o D t en.
5 4 .
44- 44 .4 ~ t.~ii' 14 '~ ~ It4. ,( 4t~~'t7r:~ > 444 4: 44I
4',. 4i 4- L 4 *r 4
4444 -. 44 .4i
44' 4: 4 4!i
*~44 ~ 44 .f. 44
.LI~ .l 7 (K' nor * -1j' .1 4-
44~
4 .:-
74 4
4' 4
4.4-444 4 4 4- 4 44444~
4-. 4 4 1~4
n444 >-4 4
4411 ,45 .44
K)
44.44 '.444 4144~'
444 )4 4~.4
4 4 4 .4-. 4 -
4)4 -~ (7) (72'
K' 4(~
>~~ r
* 4 4. 4-'4- I H
(7) ~ 4. 4 r 4L .
44 4.,4~444t 4
4: -14 1: 4 14
4. ~ i *44
4r .4 4
.,5. ~ ~ :.. 14
b)?unut of' eich lt ^.sta 1
.es*ui...e or oviori 1??*. 1i1:'. bz:
.i4sl^ ; L. / t4 .0 St. S
4444w 2 C ~,I 444I
.~ f~ 4
4-4 4--4 4 44
4- 4 .4 4
.4,~.. 44 44- 4 '44
....he o. o the 4o, JI 6 r,- the o nt;: alj 4- t tO .c e4n o
lo-, ; f:..1 ( t<, b ont t 1.u on the { ld nd ctin t .. tos
rt : th4 ;. .h l 4 o -on4 n o4ll fo., fei, t ; l ase 4id t, 0 .?1' 4t
,ii. .lone r ., pon t;h t.in tio. ieh filu,-o to ;oho, f fo to .4.
"he option 10. I 1oth.n, in toione at .t1 l be ;A o contrued. to
will. an.; aj.pli lncon or .n ; 'nt;.nr 'ir00;4. d 41or '.c. .; food mnW'i .I ::"-
to. .:.no, or '-*!. out
Becotin 13. 7.0 Co-redh'.iloner abmll i',,ke an; j ujli:ji i rulr.,c *
..'ov--n in. fi o cult4ivat.4ion of' o. ster- f i'n'i. oI th.);:' h.l3. .fiSh --n' 44.r. ,,.0:.
ol- teeho otd i i thos1 ,ni'es Vhl ove'' t1nr' "ion(trol until ltd lro. or
aened Lu ch- alteration o ,r .a: ..rf:nt8 hl not 1o of force i....
-6-
'* Z'
L:
4,4m
L* F;~- -. -:t
'. -'.'., -
A BILL
,TO BE ENTITLED
An Act to amend section 3776 of the General Statutes, relating
to "protection of shad during spawning season."
Bw it enacted by the legislature of the estate of Florida.
Section 1. That section 3776 of the General Statutes be
amended so as to read as follows:
"Section 3776. Protection of shad during spawning sason.- It
shall be unlwa'ful for any person, firm or corporation to use any
p rase or drag-seine, or to build or maintain any dyke or pound in any
stream, river or waters of this tate, whereby shed may be prevented
from running or passing up or through durin- their spawning season,
between December 1st and April a1st, to-wit, durin:i the monthss of
December, Jnnuary, February t-nd 1'aroh, of *ftery year; and whoever shall
violate any part of this section shall be punished by a fine of not
exceeding three hundred dollars, or by imprisonment not exceedin,-
ninety days," 'Previded that nothing in this section shall be so
construed as to prevent the taking of nhad and stureotn and their
spawn, by the United States Bureau of Pisheries, its arents and employ-
e**, or by an.y duly authorized agent et representative of the Skate
of Florida, his agents or employees, for hatching, prope-'ting at other
scientific purpose; and the h points or employees of the said Bureau of
Fisheries, and the apsnt and emrploeyea of the said representative of the
State of Florida, who cstch for the above nmied purposE3 are hereby
authorized m sell only suoh of the fish that cFrlnot be returned to the
waters alive, under such regulations as may be prescribed by the United
States Bureau of Fisheries, and the authorized representative of the
State of Florida, on mutual agrennemnt. Any funds arlisin- from tht sale
of fish used for the purpose herein mentioned shall be used by the
agents of the said Bureau of Fisheries and said representative of the
State of Florida in payment of the current expenses of the said p;-ent
and employees of the said authorized re-premsentative of the State of
Florida.
,t- R
#2.
Section 2. This Act sh.ll take effect and be in force imrnreTiate-
ly u-pon its passaPg and approval by the Gqoverner.
Section 3. All laws and parts of laws in conflict with the
provisions of this Act are hereby repealed.
t <.
Senate Bill No.......
A BILL
To be entitled an Act to
P ,-/,-
Senate Bill No.......
A BILL
To be entitled an Act to
:. t
--- 3
IN THE SENATE.
Read 1st Time. ................. 1907
Read 2d Time ......................1907
Read 3d Time ......................1907
and ..................................
f .. .... ................... ............
Secretary of the Senate.
By Mr................................
of .... ..................... District.
Referred to Committee on
Report: Favorable. Unfavorable.
Without Recommendation. With Amend-
ments ........................... 1907
IN THE HQBE.
Read 1st Time ................... 1907
Read 2d Time......................1907
Read 3d Time ..................... 1907
and ..... .......... ...............
Chief Clerk of House of Representatives.
By Mr........ ...................
of ............................ District.
Referred to Committee on
Report: Favorable. Unfavorable.
Without Recommendation. With Amend-
m ents ............................1907
|
RSS
HIDE
