-99

sacola & Louisville Railroad Company, approved July 16, 1808,Was taken up on its second reading.M-r. Henderson moved to strike out section 17Which vas agreed to.On motion ol' 1I. Wentworth, the further consideration of

the bill was laid over till to-morrow.Senate Bill No. 28:To be entitled An act to Secure Homesteads to Actual -Set-

; lers on the Swamp and Overflowed Lands of the State of Florida,Was taken up on its second reading.Mr. lMcCaskill moved that the bill be printed, and postponed

till to-morrow; WVhich was agreed to.The special order for the afternoon, viz: Senate Joint Reso-

lutionll No. 3, Proposing Amendments to the Constitution, wastaken up on its second- reading.

Mr. Purman moved to strike out the first, second, and thirdlines of Article 4.

Mr. Henderson moved to lay the motion on the table,The yeas and nays were called, with the following resultThose voting in the affirmative were-Messrs. Adams, Atkins, Billings, Crawford, Ginn, Henderson,

Hill, Jenkins, Johnson, Locke, Mfekinnon,. Meacham, Moragne,ieCaskill, Sutton, and Wentworth16. -

So the motion was laid on the table.Mr. Purman moved to strike out Article 4.Mr. Wentworth moved to lay the motion on the table;Which was agreed to.The Joint Resolution was ordered engrossed for its third

reading to-morrow. Senate Bill No. 27, to be entitled An act to Alter and-Define

the Boundary Line between the Counties of Bradford andClay,- as, read second tie by sections and ordered engrossed.

On motion, the Senate went into Executive Session.The Senate confirmed the following Executive appointment:Charles Beecher to be Superintendent of Public Instruction.The doors were opened, and, on motion, the Senate adjourned

till 10 o'clock to-morrow morning.

THURSDAY, January 18.

The Senate met pursuant to adjournment.Mir. Locke in the chair.

-Prayer by the thaplain.The roll was called, and the following Senators answered to

their names:

~~~~rp ,,_-... .^ C y .^ , - ..,-. ..................... ,...,.-.... s, v...- . . . , ... :. . - .. -. - . : ... j-X . , _ , .

' ' pi '£

- 100

Messrs. Adams;-Atkins, Billings, Crawford, Dennis, Eagan,Ginn, Henderson, Hillyer, Johnson, Kendrick, Locke, McKin-non, Meacham, Moragne, Purman, Sutton, Weeks, and Went-worth-19.

A quorum present. On motion, the reading of the journal was dispensed with,

and the journal approved.The President took the chair.Mr. Eagan, by permission, introduced Senate Bill No. 38, to

be entitled an act to amend An act for the Assessment and Col-tection of Revenue, approved June 24, 1869;

Which was read first time by title, under suspension of rules,and referred to Committee on Finance and Taxation.

Mr. Henderson, by permission, introduced Senate Bill No. 39,to be entitled an act to amend An act to Provide for the Protec-tion of the Citizens of this State Against Defaulting ForeignCorporations;

Which was read first time by title, under supension of ruiles,and referred to Committee on Corporations.

Mr. McCaskill asked the use of the Senate Chamber for aconcert of the Tallahassee Brass Band next Tuesday night.

On motion of Mr. Locke, the consent of the Senate was given. Assembly Concurrent Resolution No. 4, that report of Com-

mittee on Equalization be adopted,Was taken up and read.Mr. Wentworth i ed that the resolution be returned to the

Assembly, with the request that the report referred to in theresolution be forwarded to the Senate;

Which was agreed to, and the Secretary directed to carry outthe rules of the Senate.

Mr. Dennis, by permission, introduced Senate Bill No. 40, tobe entitled an act to repeal An act for the Protection of theCitizens of this State Against Defaulting Foreign Corporations;

Which was read first time by title, under suspension of rules,and referred to Committee on Finance and Taxation.

Mr. Billings, by permission, introduced Senate Bill No. 41,to be entitled An act to Prevent the Sale of Intoxicating Liquorson or near the Time and Place of Holding State, County, andMunicipal Elections;

Which was read first time by title, under suspension of rules,and referred to Committee on Privileges and Elections.

Senate Bill No. 35, to be entitled an act to amend An act toIncorporate the Pensacola and Louisville Railroad Company,approved July 16, 1868,

Was taken up on its second reading, as laid over from yes-terday, the reading completed, and the bill ordered engrossed.

A. message was received from the Governor.Assembly Bill No. 2'7

101

To be eititled An act it Require County.Treasurers to KeepAeon rate Accunts of Public Moneys, and to Exhibit their Booksand Copies thereof Annually to the Boards of County Commis-Jsioners 'and to Grand Juries,Was taken up on its second reading.Onmotioni ,the reading was suspended, and the bill orderedprinted.A communication from the toln~T n~1 mE~·o~^. _r.Wentw orth: fr h Attorney-General was presented by,

OFFICE or ArrOEKET.-GENERfL,

-Tallahassee, Fla., January i7, 1872.lidihave th honor to acknowledge the receipt of a copyof a resolution of the Senite passed January 8, 1872, askin g mySpinonfit'relaotibn " to the applicability of that part of ArticleL otle' C 6ristitutdional Amendments in reference to the pay of~mbers of: ihe L~egislature to the members of the present see.8ioh.11 u f-; -Aini compliance with the request contained in saidresoeution~ would respectfuflly submit that, in my opinion, therenohmwinis of regulation in relation to the-pay ofith6-jmembefsiOf` the present Legislature, 6 xcepting so fai as itprovides th eitheir pay shall be fixed at a sum' per diem. And* that that pait-of ~Atticlej Ien·. ·::~t~rel~ tla p~i~t~lo '~thle pay o of the Constitutional AmendmentsYeh c&&k'. to the pay memf 'nebeis bf the'Legislature has no pppli-pay of the members of the present Leisla-tuie.`Aitiele IV- of'theConstitution provides that the pay of the-members of the Senate and Ho6"use, of" Representaitives shall bep'er annum; T ~is1provision is abi gated or repealed bythat ?portion of Article .iof the Amendehts· to the Constita-'tioi which p1rov~des that the -pa-y ;of the members of' the eisL 'latur' shall 'he per diem 'to bead 'c ays actualT#6i1' mS c6anjd; thatn Liatuio shall increase ' its, own* pay.' It has been suggested thatnthe piotisi n g thebpa ofth& members at $500 per annum aboveteafe'ied to, *ar the pay-fixed for ihe memb'eis ofthe j~esent' I 'eislat+6 and that they*Were pi ohibited by Aitiele I of We AAmilmen ts to the ConstiThtionfiom fixing; their L Pay in'erc1d 1the $boo.'lini ArWktick -'- I - of the d Aine'ndments tothe Constitutionthiat no Legislhtur6 shall increase its own pay;but if my viewi n- egaird to 'th'e ibrgatiou or rejeal 'of thatf V Sectaion 4Sof Aticle 16' "ofte Constitution by' Artile'ist of the .Cons1t81itutionai A riendments -is 'correct, there is nopay ofLthe flegislatare to in6crease.It 'Witthroree my 'opiniin thait there 'is no provision in the

* Cons~titution and laws tof athis State Pohibitti g thie members ofthe present Legisiattiie-frm fixing theliir pay any t u Perdy hdeemwise and expedient. a

102 ioa~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

It is to succeeding Legislatures that this.limitation of powerin regard to the increase of the pay of its members applies.

I have the honor, sir,to-be, very respectfully, your obedientservant, JAnMEs B. C. DREW, Attorney General.

HON. S. T. DAY, President of the Senate.Which was read,'and ordered spread on the journal.Mfr. Wentworth, Chairman of Committee on Engrossed Bills,

made the following report: SENATE CHAMBER,

Tallahassee, Fla., Jan. 18, 1872.* To the President of the Senate:

Six: Your committee, to whom has been referred the follow-ing bills, viz.:

Senate Bill No. 27:[An act to be entitled An act to Alter and Define the

Boundary Line between the Counties of Bradford and Clay,beg leave to report that they have carefully examined the sameand find it correctly engrossed. GEo. E., WENTWo RTH,

Chairman Committee on Engrossed Bills.Which was read, and the accompanying bill placed among.

the orders of the day. .-Senate Bill No..31:To be entitled An act for the IRelief of Jesse H. Goss,'Was read third time, and put upon its passage.Upon the question, Shall the bill pass?The yeas and nays were called, with the following result:Those voting in the affirmative wvere-Messrs. Atkins, Billings, Crawford, Dennis, Eagan, Ginn,

fill, Hillyer, Johnson, Kendrick, Locke, Meacham, Moragne,Pearce, Purman, Sutton, Weeks, Wentworth-18. -

Mr. McCaskill voting in the negative.So the bill passed, title as stated, and the Secretary was di-

rected to certify the same to the Assembly.Senate Bill No. 27:To be entitled An act to Alter and Define the dividing Line

Between the Counties of Bradford and Clay,Was read third time, and put upon its passage.

.The President ruled that a two-thirds vote is necessary forthe passage of the bill. -

Up'on the question, Shall the bill pass ?TiThe yeas and nays were called, with the following result:

.Those voting in:the afirmative were - -MIessrs. Adams, Atkins, Billings, Crawford, Dennis, E4gan,

GiRn, Hill,, Hillyer, Johnson, Kendrick, Locke, MeKinnon,leap,* )Igrine, M cCaskillj Pearce, Purman, Sutton,

Wjeeks.:Ad yWentworth-]. .-- a.othiebiii piasesed, title as stated, and the Secretary was -or- -

dered to certify the same to' the' Assembly.

'i.

103

A messag-e was received from the Assembly.ASSEMIBLY Hat,

Tallahassee, Fa., Jan. 18, 18'2.

Hop. Sanuut T. DAY, President of the Senate:Sig: -I am directed to inform your honorable body that the5as~&Ny as passed

Aksiseiibly Biill.No. 34:

To'be entitled An act. to Incorporate the St. Benedict Be-nevolet Society of St. Augustine;

Senate Bill No. 5:

To beelntitled An act. to Incorporate the Brown Theologicalinstitute

:erv respecp~otfuly, Mi. H. CLA.Y,Clerk of the Assembly.

SenateJiillNoJ 8:To be.: entitped an act to amend An act'to Simplify and

Abridge the Practicie, P16ading ayfd Procedure of Courts in the.State, app"oved.F ruary 19, 1870,

WaiWtiSad.third timd, and put upon its passage.IUpop lQ i4qpestiopShiall the bill pass ?

A Wh;~ss~nvb~ci'as.n 4 wnre called, with the following result:

Messr. n-j in -the affrmative were- GMe BIing§,.C 5rawfordr,, Dennis, Eagan, Ginn, Hill, Hill-

et,Johnson, Locke, Mleacbam, McCaskill, Pearce, Purman,* tton,,Weeks'and Wlentworth-16- -

$othe bill passed' tite6 a§ stated, and the Secretary was d3reete~to &r~tify th~e sameuito tIh6 e As'embly.I -

QA motion of MAr. Wentwortbh the Senate refused to rece4Ifroi-its amendmgs4 to Assembly Bill;No. 1,.relating to-financ,.and& &ked fora 0committee of conference thereon, the Senalzpart of said comimittee to cnsist Cof Messrs. Thxman, Dennicapd McC~OsifU and.a the Se!&cretaiy- .iv" directed to inform the

Agk6mbly of the actin n:o'f the Senatd.Se6,ate Bill1Xo6. 28.* To be enititled n act'to Secure Homesteads to Actual Settlers

· 'Sa the'Swamp aud Ovrflowe4 ]ands in the State of Florida,t

Wa~s 4.aktenip on:i4, .second reading, read by sections, andordered engr6, s ld.

ate B, ill i4::G6"v-To Ie entitleddAn adt to Alter and Amend to Incorporate the

* Fenaindina an4d, Sea 1)3acli. Rilway Company,*w1a~- l~ad4 thir- tiw.in put ipon its passage.IUpon the-question, St'I the bifl pass?Theyeas ar4 nayd,7w9r,called for, with the following result:Thlose voting ihthe affirmative were-

Atssrs., 4dam, Billings, _Crawford, Eagn, Qinn, Hill, Hill-ye~r; Jbhnsof~ iidrokk L6cko, Me innon, Meacham, Moragne,.

104

McCaskill, Pearce, Pi;rman, Sutton, Weeks and Wentworth--19. _

So the bill passed, title as stated, and the 'Secretary was di-reated to certify the same to the Assembly..

Senate Bill No. 24:To be. entitled an act to amend An act in Relation to Drugs

and Medicines, Druggists or Apothecaries in incorporatedCities or Towns in thq State,

Was read third time, and put upon its passage. '9

Upon the question, Shall the bill pass?The yeas and nays were called for, with the following result.:Those voting in the affirmative were-Messrs. Adams, Atkins, Billings, Crawford, Ginn, Hill, Hunt,

Johnson, Locke, NcKinnon, Moragne, McCaskill, Pearce, Pur-man, Sutton, Weeks,'and Wentwortli-1l7.

So the bill passed, title as stated, 'and the Secretary was di-rected tocertify the same to the Assembly.

Senate Bill No. 12°:To be entitledAn act to Protect Cattle Owners and more Full

Secure a Record of Marks and Brands;Was read third time.Mr. Kendrick moved to indefinitely postpone the bill.The yeas and nays were called for, with the following result:Those voting in the affirmative were-Messrs. Adams, Atkins, Crawford, Ginn, Henderson, Ken-

dliek, Moragne, Sutton, and Weeks-9. ' Those voting in the negative were- ' 'Messrs. Billings, Dennis, Eagan, Hill, HIillyer, Jenkins, Johlm-

son, Locke, MIKinnon, Meacham, McCaskill, Pearce, Purman,andWentworth -l4.

So the motion to indefinitely postpone the bill was not agreedto.

Mr. MeCaskill moved to postponethe bill one day.The yeas and nays were called for, with the following result:Those voting in the affirmative were-Messrs. Adams, Atkins,, Crawford, Ginn, Henderson, MoKin-'

non, McCaskillj Sutton, and Weeks-9. Those voting in the negative were-Messrs. Billings, Eagan, Hill, Hillyer, Jenkins, Johnson, Ken-

drick, Locke, Meacham, Moragne, Pearce, Purman, and Went-woirth-13.

So-the motion was not agreed to.Mr. Kendrick movedto reconsider the last vote.Mr. Wentwoirth -moved to lay the motion to reconsider on

the table,The yeas and nays were called for, with'the following result:Those voting in the affirmative were----Mess Billiiigs,' Dennis, Eagan, Hill, 'Hillyer, Jenkins; John-

105

on, 'Locke, no eachan, McCaskill, Purnan,, andWentworth-13.-

Those voting in the negative were-Messrs. Adams, Atkins, Crawford, ·Ginn, Kendrick, Moragne,

and Suttoni-7; S1:: 1 So the motion to reconsider was laid upon the table.

j~ · :· : T~kn the ·questioo, Shall the bill pass ?The yeas and nays wsre called for, with the following result:Those voting in the affirmative were-Messrs. Billiigs, Dennis, Eagan, Hill, Hillyer, Jenkins, John-so ocke, McKinnon Meacham, McCaskill, Pearce, Purman,

and Wentworth-14.- Those voting in the negative were-

Messrs. Adams, Atkins, Crawford, Ginn; Kendrick, Sutton,and Weeks-7.

So the bill passed.Mr. Henderson moved that the title of the bill be. A Bill'to

Provide Additional Officers and Compensation for, the Itiner-ants and'the Indigent Sojourners in the Stock Districts';

The yeas and nays were called for, with the following result:Those voting in the affirmative were -Messrs. Adams, Atkins, Crawford, Dennis, Ginn, Henderson'

Jenkins, Kendrick, Mhinnon, McClskill, Sutton; and Weeka-12. e

Those voting in the negative were-Messrs. Billings, Eagan, Hill, Hillyer, Johnson, Locke

Mea~cham, Pearce, Purman, and Wentworth-1O.So the motion was agreed to.Mr. Jenkins moved to-reconsider the last vote,The yeas and nays were called for, with the following result:Those voting in the affirmative were-Messrs. Atkins, Billings, Dennis, Eagan, Giun, Henderson1

Hill, Jenkins, Johnson, hRendrick, Locke, McKinnon, Meachain,Sutton, Weeks, and Wentworth-lo1.

Those voting in the negative were-Messrs. Crawford, Hilljer, MEcCaskill, Pearce, and'Purman,

*1 ~ -5.So the motion to reconsider, was agreed to.The:title of the billwas ordered to remain as originally stated,

andthe' Secretary was directed to certify the same to the Assem-

M Wentworth, chairman of the Committee on EngrossedBills, made the followingde 46io igreport:

SEBWATE CIBijn C ,m Tallahassee, FIla., January 18, 1872.

T_;i:-th6~r" Prdgidemst; of A~e sbjte:,To : Yepsidr &4cb'MfatteSa t e: has been referred the follow--

in' joint i C5U ` .

-9~~~~~~~~~~~~~~~~~~~~

106

Senate Joint Resolution No. 3, proposing amendments to the..State Constitution, beg leave to report that they have carefullyexamined the samie, a& finda. it correctly engrossed.

-: i Very respectfully,-* GEO. E. WEN1TWORTH,

Chairman Committee on Engrossed Bills.Which lvas read, and the a ccompanying bill placed among -

the'orders of the day. iOn motion, the Senate'went into Executive session.

-The following Executive appointments were confirmed:Artlhur Spear, to be Sheriff' -of Orange county.Monthalon Atkinson, to be Collector of Rbvenue for Marlion.

county.Thomas Shalley, to be Collector of Revenue for Putnam

county.William Birney, to be ,State's Attorney for the Fourth Ju-

dicial Circuit. /' John W. Butler, to be Collector of Revenue for Santa Rosa

conty. -' Samuel T: Riddell, to be Sheriff of Nassau county.

The-doors were opened. On motion of Mr. Wentworth the Senate took a recess till 3

o'clock p.m I.L

THREE. O'CLOCK P. ML.

The Senate resumed its session.The President in the chairThe roll was called, and the following Senators answered to

their names:Messrs. Atkins, Crawford, Dennis, Ginn, Jenkins, Johnson,

Xendrick, Locke, MeKinnon, Moragne, MeCaskill, Purman,Sutton, Weelks and Wentworth-15.

A quorum present.Mr. Wentworth, Chairman of Comimittee on Railroads and

Telegraphs, made the following reportSENATE CHAMBER,

Tallahassee, Fla., Jan. 18, 1872.Hon. SAMuEL T. DAY, President of the Senate:

SIB: Your Committee. on Railroads, to whom was referredSenate Bill No. 14, entitled an act to repeal An act to Incor-porate the Great SouthernRailway Company, and to Perfectthe Public Works of the- State, approved February -19, 1870,beg leave to report that the same ' has been duly considered,and the following conclusions arrived at:

That this should not be repealed as it will open to develop-melt and communiication the largest and mos't fertile portion

o107

of the State, from St. Mary's, in the north, through the penin-sula of Florida to Turtle Harbor or Key West in the south.

That the Legislature gave public aid and encouragement tosecure the completion and maintenance of a railroad fromJacksonville, in the east, througlh the middle, and to Pensacolain the west of the State, and that it would be manifest outrageand injustice to discriminate in the. promotion of public bene-

·- ' G~fits against the people of South Florida.- ~ . cThat the Great Southern Railway Company have done no

act of commission or omission to forfeit orimpugn their charirter, but have now an act under the most favorable copsidera-:

; 'tion in the United States Congress, granting to the company adonation of public land to aid in the completion of this greatpublic work.

That any action in the direction of said proposed repeal willnot only jeopardize but defeat the passage of any act in Con-gress to aid this work of public improvement in our State, thusinflicting an injury on the interests and people of South Floridafar greater than can result to the members of this railroad com-pany.

That it is the first duty of the legislator to legally promoteX ''the public improvements of all portions of the State, and his

greatest error and offence to impede them or make-ubjust dis-crimination against any one section or sections.

In-support of the development and interests of South Florida,and in justice to a faithful and energetic company, we recoin-mend that the bill do not pass.

Very respectfully,.GEo. E. WZNTWOLTH,- ChairmanHORATIO JENINS,W. J. PURMAN.

Which was read.* -'i Mrl. Locke moved that the report be adopted, and the bill in-

definitely postponed. y ~MrlI. Henderson moved to lay the motion on the table.

The yeas and nays were called for, withthe following result:Those voting in the affirmative were-Messrs. Adams, Atkins, Crawford, Eagan, Ginn, Hendersob,-;

'McKinnon, McCaskill ,Sutton and Weeks-10.Those voting in the negative were-Messrs. Billings, Dennis, Hillyer, Jenkins, Johnson, Locke,

Pearce, Purman and Wentworth-9.So the motion to'lay on the table was agreed to.Mr. Wentworth-moved'to postpone consideration of the bill

for thirty-days. -The-yeas'and nays were called-for, with the followingresult:Those voting in the affirmative were-

L - .- I- 1

'108. ''.

Messrs. Dennis, Jenkins, Johnson, Locke, Meacham, Pearce,Purnnan and Wentworth-8.

Those voting in the negative were-Messrs. Adams, Atkins, Crawford, Eagan, Ginn, Henderson,

~ Kendrick, McKinnon,. Moragne, MeCaskill, Sutton and Weeks-12.

'So the motion to postpone for thirty days was not agreed to.Senate Bill No. 14: ' To be entitled an act to repeal An act to Incorporate the

Great Southern Railway Company, and to Perfect one of thePublic Works of this State.

Was read second time, and ordered engrossed.A communication from Hon. J. S. Adams, Commissioner of

Public Lands and Immigration, was announced by the Presi- dent, and, on motion, was read:Hon. SAMUEL T. DAY, President of the Senate: .

'Sin: Pursuant to the direction therein embodied, I have thehonor to. present the following as a copy of a preamble andresolution adopted by the Trustees of the Internal Improve-iment Fund, at a meeting held on tie 16th instant.

Very respectfully, your obedient servant, .

J...S. ADAMS, Secretary Trustees Internal Iminprovement Fuind.

WAereds, on the twenty-lourth day of November, 1870, a reso--lution was entered, as adopted by this board, which authorizeda certain conditional grant of the trust lands to a corporationstyled the Great Southern Railway Company; and whereas,upon a review of that action it has become apparent that it wasnot valid, for the reason among others that it was not adoptedby a majority of the board in regular meeting assembled, andthat it is in conflict with the will of the State as manifested inthe twenty-ninth section of the Internal Improvement Act, andsection'twelve of the act incorporating the said Great Southern 'Railway Company; and whereas, application for the said grantwas favorably considered unmfer the influence of representationasmade by Rev. A. C. Osborne, President of the said company,that the company was prepared to proceed at once with the con-struction of the road, and with the drainage of the lands, and thatarrangements had been made with Willis Gaylord, of New York,for commencing immediately the.work, if the grant applied forwas. made by the Trustees; and whereas, no work has as yetbeen done in fulfilment of the conditions 6f the grant, nor anyevidence of the purpose or ability of the' company to do so mani-fested; and whereas, it is represented to this board by the SouthFlorida Railroad Company that the outstanding of this grantoperates to the injury of their negotiations, for the constructionof their work, and jeopards its success by the implication it' af-

*~~ ~ ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ '- - 'Ni

109!

fords of special favor and preference by the State authorities, andalso that the said grant conflicts with the grant made tosaidSouth Florida Railroad Company, by the ILegislature of thisState; and whereas the lini occupied by the South Florida Rail---road is a portion of thelines for aiding in the construetiqn ofwhichthis trust was specially created, and is best located for theconvenience of the people of the State; and whereas, also, theGeneral Assembly of the State has recognized the South FloridaRa.ilroad as a public work of the State, and has pledged the pub- lie credit in its construction, and the security of the State will beimpaired, and the success of their policy interfered with by theundue encouragement df rival enterprises contesting for prefer-ence-in the money market at the same time; Therefore, for theseand various other reasons, determining the judgment of theboard,

It is resolved, That the 'aforesaid resolution of the twenty-fourth of November, 1870; be, and hereby is, rescinded, and thatnotice' thereof be duly given to all parties interested and to theLegislature now in session.

On motion of Mr. Wentworth, Mr. Hillyer was granted learejof absence till Monday at 10 o'clock.

Senate Joint Resolution No. 3: Proposing Amendments to the Constitution, the special order

for this afternoon, was taken up, and the proposed amendmentsread and acted on in order, as follows:

Article 6.'The yeas and nays were called, with the following result:Those voting in the affirmative were-Messrs. Adams, Atkins, Crawford, Ginn, Henderson, Hill,

-Jenkins, Johnson, Kendrilck, MeKinnon, Meacham, Moragne,McCaskill, Pearce, Sutton and Weeks-16.

Those voting in the negative were-Messrs. Dennis, Eagan, Hiliyer, Locke, Purman and Went-

worth-6.So the Article was adopted by a two-thirds vote.Article 7.

-A ?rq h'eyeas and nays were called for, with'the following result:.Thobse voting in the affirmative were-Messrs. Adams, Atkins, Cjrawford, Dennis, Eagan, Ginn

Hendrson, Hill, Jenkins Johnson, Kendrick, Locke, Mocin-non, Meacham, Moragne, MeCaskill, Pearce, Sutton, Weeks and

-Wentivorth-20.-Mr.'-Puinan vbting in the negative.SoAthe article 8 as adopted by a two-thirds vote. -Artiele 8. 1The yeas and nays were called for, with the following result:*-Those voting in the affirmative were-Messrs." Adams, Atkins, Crawford, Dennis, Ginn, Hea-

- - . : .~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Af

'demon,- Johnson, Kendrick, MoKinnoi,. Moragne, MeCaIskilZ1Sutton and Weeks-la. 13

Those voting in the pegative were-Messrs. Eagan, Hill, Hillyer, Jenkins, Locker Meacham,

Pearce, Purman and Wentworth-D.So the Article was not adopted, less than two-thirds voting

in the affirmative.Article 9:The yeas ajd nays were called for, with the following result:These voting in the affirmative were-Messrs. Adams, Atkin, Crawford, Giun, Henderson, John-

sop, hendrick, Locke, 'Mekiqnpon, Mo'ragne,. MeCaskill, Sutton,and cW eek1s-3.

*Those voting in tle negative were-Messrs. Dennis, Eagan,1 H1il, Hillyer 'Jenkins, Meacham,

Pearce, Pqimgn, and Wentworth-9.So the Arjtile wa's not a'd~opt~,. lss than two-thirds voting

-ipth6 affima tive.*. DeNnnis moved to reb'onskidkr tlue vote, -W' hich Article 6was adopt~edb

Mr'.'HdneCTSeOflmov~edt04tOT the motion td rieconsider on thetable.

Tbe6yeas,and nays were called for, with the following result: rB:,,,Thosd voting in.the afirm dtiive w6re- '::'F Messrs. r A tkius,; , inn, Henderson, Jen-Adabs Iin '- Crawford tiu ~n ek

kins, JohusoP, Iendri ,McK I non, MeachamM orane,Mc as-kill Pearce,,Sutto and, p 'Weks-1-5..

Tbdh6Ee, v 6tid'g i tihe he.itive Were-M~~essrs. Deiqnnis, a1gan, Hill,Bilyer, Locke, PLirman, and

Wenlt~orth 7;

So tb 'nbtiipn to lay on the' table'was agreed to.xMr. Jenkins moved to reconsider the vote on Article 9;Wbihi WIa~aogreed to.Tfid yeas agre navswere called for, on the adoption of Ar-

ticle' 9, wth the following result:Those votiigrin th4affir-mative were-Jeikins. Ad'arnsj 4tkius, Crawford, Dennis, Ginnp H-enderson, '.

Johnson,; Ket~ iek, Locke,, MKinnon, Moragne,Me~oCas~kill, Sutton, apd Weeks-15.

Those, voting in the, jiegative were-*-e,'~es~s;.~ ,Eatn' , H , Hill yer,'T. MeachAmn Pearce, Pnrman,

and Wentworth-Z 'ASo the article was not adopted, less than two-thirds votingr in

the affirmative.M. JenkLins rioved to-reconsider the,'vote on Article 8;Wh~lioh= 'was not aor'eed to.,

'~Mr. -rendevqon, by permission, introduced Senate Bill No.42, to heentitled an atto rpealan act entitled An act to In-

ill

Joporate thel Gnlf Steamship Company, and to Perfect thegl liw ork- s of the State, approved Febrnhry9, 18h;0Wl'ch wags read first time by title, under suspension of rules.ThI&l.re ?ewere fuirther suspended, and the bill read second

Th lWere.further snspendcd, and the bill read third* 4itj, and put upon its (9nssage.rponjthequiestion, Shall the bill pass ?T0ileg yeas an(d nays wete called on its adoption, with the fol-Tshose voting in the affirmative were-Messrs.i Adams;, Atkins, Crawford, Eagan, Ginn, Henderson

iLoce, MlcKinnon, Mcaclhami Moragne,Mc~askill~ Pearce, :Purman, Suttoll, Weeks and WentirortlSo 56thelbill p4ssed, title as stated, and the Secretary was di-.reeted to erti~fy 4e same to the Assembly.

Pur~man, chairman of Committee on Judiciatry, made thefollowing report: SEN vrflSEA TE CHAMBER,

Tallahassee Jan. 18, 1872.Hon.'b SAMUEL T. DAY, President of the Senate:_Sin Youciommittee, to whom was referred Assembly Bill No.entitled- abill to ~be Jntitled An act to Saie Small EstatesFrom Watfubosts and to Facilitate the Settlement. Thereof,beg leave to riport in Iavoi of the pgssage of the bill.,

Ve.r0y i epetfll y, WJ. -PUrUcANChairman JudiciaryCoWic w-as t6d a ad thle,. accompanyingm bill placed amongthe.orders of the day

SRNAJACnTGUAMBR1Tallahastie, J tnuaiy 18, 18172.

Hon SAMU L DA r P rS eside nt of the Se date":_Sin Ynr t committee, towbom was rcferr·d benate Bill N4 Jenttitledan act to amend. An act Relating to Juicrs, havinaexamined the same, beleave- to report in favor of its passage.Y7ery espectfullj, W. J. PUinrMA

Chairman Judiciary Comm'ttee.,Which wvas read, aad the; accompanying bill placed'amongthe &rders of the day.Also; *

-

SENATE CHAMLMBaRon. Sanxr. T. ~~~Tallahassee, Jani. 182,' 1872.8"r ~h EL ~ DAY, President of the Senate:

sn : Your cornmittei) to whom was referred Assembly Bill

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No. 11, entitled An act for the adoption of Children, beg leave toreport that they have considered the same, and would reslpect-fully recommend its passage.

Very respeetfully, W. .J. PtRMAN,Chairman Judiciary Committee.

Which was read, and the accomp)anying bill placed among

the orders of the day.

MAso:

SENATE CEUx:uME,Tallahassee, Fla., January IS, iST7L

Hon SkaMUEL T. DAY-v, President of the Senate:

Siu: Your committee, 10 whtomn was referred Assembly I'illNo. 19, entitled An act to .\ utlhorize Sheriffs, Coroners, Coni-sitables, Town and City )l;Lrl3als, to Arrest for Felony oinStrong and Sufficient u-roubl· of Suspicion in Cases of Escapes,having had the same under conisideration, beg leave to report

that the same do not pass.Very respectfully, WV. J. I3LRMAY,

Chairmnan Judiciary Committee.

Which was read, and the accompanying bill placed amongthe orders of the dav.

The messages of the Governor vetoing certain bills of lastFession were taken up.

An act Directing the Comptroller to Turn Over to the Treas-urer Certain Greenback Currency.

Upon the question, Shall the bill pass the objections of theGovernor to the contrary notwithstalindg '?

The yeas and nays were called for, with the following result:Those votina- in the negative were-Messrs. Adams, Atkins, Crawford, Dennis, Pagan, Ginn,

Heinderson, Hill, I-iillyer, Jenkins, Johli-on, Kii, N Iricl, L)ocke,MeKinnon0, Meacharm, lMoragune, iMc(1ill, I>'Iicc, PuVnuan),Sutton, XTeeks and Wentwotthl-1.

So the bill did not pass.An act to A\uthorize the lncoruorntton of tie Florida sLand,

Building- and Loan Associa!ion.Upon the question, Shall the bill pa'> ill Objection of the

Governor to the contrary notwithstanditiLa The yeas and nays wielre called for, with the lbo llowing result:Those votin(g in the affirm at ei\ were:Messrs. Dennis, .Tenkins, Pc:rce, Purruan and Wentworth-5.Those voting in the negalive were-Messrs. Adams, Atkins, Crawfford, Eagan, GAnn, IHenderson,

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Hill, Hillyer, Johnson, Kendrick-, Locke, McKinnon, Meacham,Mora'gtj, MeCaskill, Sutton and Weeks-1i7

So the bill did not pass.An dct to Organize the Farmers' and Laborers' Immigration

Comipany, and for Other Purposes.On the question, Shall the bill pass the Governor's objections

to the contrary notwithstanding ?The yeas and iays were called for, with the following result:Those voting in the affirmative were--Messrs. Pearce and Purman-2.Those voting in the negative were-IMessrs. Adams, AtkinN Crawford, Dennis, Ginn, Henderson,

Hillyer, Kendrick, LockeMcKinnon, Meacham, Morague, Mc-Caskill, Sutton, Weeks, andWentworth-i16.

So the bill did not pass.An act to Protect the Lumber, Log, and Timber Business of

tls1 Escambia River.Upon the question, Shall the bill pass, the Governor's objec-

tions, to the contrary notwithstanding ?The yeas and nays were called for, with the following result:Those voting in the affirmative were-Messrs. Atkins, Crawford, Dennis, Ginn, Hill, Hillyer, Jen-

k-ins, Johnsqn, Meacham, and Wentworth-io.Those voting in the negative were-Messrs, Adams,.Eagan, Henderson, Kendrick, Locke, MeKin-non, Moragne, MeCaskill, Pearce, Sutton, ahd Weeks-il.So the bill did not, pass.Assemubly Bill No. Si,Toie entitled An act to Saye Smdall Estates from Wasteful

Cd'sts, and.to Facilitite the Settlement thereof,Was talien ip on, its second rqading, read by sections, and r-

dered engrossed..AB*ssem-bly B-ill No. 11:To, be entgtled Au Ac% for the Adoption of Children,Was takie'n up on its second reading.On oiotionof Mr. Wentworth, the bill was recommittedto

the Committee op Judiciary.* Assembly BillNo'. 19:

Top e entitled An act to Authorize Sheriffs, Coroners, Cousta-bles, Town and City Marshals to Arrest'for Felony on Strongand Sufficient Grounds of Suspicion in Cases of Escapes,

Wd\s tn~ken up on its second reading, and, on motion, indefi-nite Qnly potoed.

The Pras't announned the sigbing of the following enrolled bills:Anarct .to Change the Name .of the Corporation now owning

the Rbad calledthe Florida Railroad, and to call it the Atlantic,Gulf, iand West India Transih Company.

S·C'

114

Memorial to the Postmaster-Gener-al of the United States.Meinorial to tl~e Congress of'the United States Prayinig! for

tne Establishmbnt of a Mail Route.Memorial to Congress for an Appropriation to Dredge and

Deepen the Ship Channel op Apalachicola Bay.A message was received fron the Governor;Mix. Pearce introduced a mxemorial and accompanying dodu-

ments:The undersigncd,at yourlast session, January, 1871, was regu-

ladly sworn in as Senator for the 18th Senatorial District, uponthe certificate of the State Board of Cantassvrs, I.e vas dulyelected for said district, said certificate being based upon and inconl'obrmity vit.htllhe certified rkurn from the board of countycaurvassers.

Subsequently Horatio Jenkins, Jr., claimed the seat awardedthe undersigned, upon a certified copy of a paper in the countycleriks 6fficelfor Dtival cnInty, purporting to be a return of theelection ordered and held Novemnber 8, 1870,: at- Yellow BluffPrecinct, in said county.

The Commnittee on Privileges and Electi6ns,jto which thematter was referred, reported immediately in Iitvor of Mr. Jen-kibs§s elaim; refusing the npdersighed, time and opportunity tosut6stantiaite ihb-allegationn he. made before them, that the pa-per, a cetiiied copy of wvhich they had before them, purportingto be a return froni Yellow Bluff precinc;t anid representingthetdtal vote at said precinct as 383,(5 for Christy and-378 forJenkins) wa8s afaiudulent return.

The majority report signed by Senators Dennis, Purman, andHill, vdas received and adopted, and Mr.- Jenkins: seated as Sen-ator, for the 18th Senatofial District, being sworn in under theusual oath.

The undersigned would respectfully represent to your honor-able body that, immediately upon your adjournment at the lastsession, the whole matter of the election frauds at Yellow:BluffPrecinct, in Duval county, underwentjudicial investigation in theUnited States Court at Jacksonville, in said county of Dival;that the fraudulency of said paper purporting to be a return ofthe election held November 8, 1870, at Yellow Bluff Precinct,on file in the Duval County Clerk's office, a certified cop~y ofwhich;. s set forth above, was presented beforeyour, Commit-tee on PiiviLeges and Elections, and on whOich Mr. Jenkins wasawarded my seat as Senator lit the 18th District, wvas fully andcompletely established by saidecourt. One of tie inspectors atsaid. election, and to whom' the correct returns were intrustedfor the safe-keeping wvas indicted, fround guilty, and punuished* for; :5 concealiniig withliolding and destroyiing certificates ofejection.'l A certified copy ·aof theo Andicllt~en, thle finding ofthe j jury, aud sentence otdhe court, is herewith submitted,

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with certified copies of the tbstimony of the inspectors at theAfo:rsaid electiona, before the Ciretit Court grand jury for DIValcounty; an-d a' certified copy of the returns ot' the Board 'ofVQ urty. C'anvjassers for Duval county of said electioj as re-prtedi to theStkate Board of Canvasseis.For the above considerations, and many otheis that 'night besubmitted, throwving a new light around the difftrence in refer-e . ncoto the Senatolship for tile 18lt Distilicc the undersignedrespbecttlly, asks the immediate and impai tial consideration ofyai'our rhnorable body, and that lie.be returned to the seat asbenatori'oir tile 18th District.,awarded hin,. in common withother"Sinators, under the certificate of the State Board of Can--v-Aasbers. ' Very respectwihllj WMx. H. CHRISTY.J1intl·ry, 10Q, -1872.WhCick-was read, and, with accompanying documents, referredto Committee on Privileges and Elctinns.On-motion of Mr. Meacham, the Senate went into ExecutivesessionTh6e follovii Executive appointment was confirmed:Tha~ddeusA ~Mconald- to be State Attorney for the 5th Ju-On m · t'on, the vote of yesterday confirming Charles Beechertede Public Instructi· Thie doois wtie o~6'ned - on was reconsiderd

On motio te p ate adjourned till 10 o'clock to-morrowmornng.

FRIDAY, -Jaii 9

'Thd Senatenmet pursuant to addjournmentT he PIesident in the chair*Prayci by the ChaplaiThe, roll was c'illc and th' following Senators answered totheir names

''--Messrs. AdamsAtkins Billings;-Crawrfi;l, Reiidso Sa

iendrick AMi(nnon Meac h ai' Morage,Pe arce, SuttonWe eks and Wentworth- s.A quoium present.-Oiinotion thereadingr of the journa was dispensed' with,

nan~lM jownal appioved.M 6 Johnson introduced th6 followingjoint resolution:B: 1Zdlo~oed'byte ~f e, (the Assembly concurring,) That the aL:gisiatre'- meet-ine 1 joint session on next Thursday, at B2

oc o k m t P 'i'ipoe of electiu a Btate printer ;* Whi ~cfr:~ on motiot, ·adopted.MiY~dhms; o~y peimibnsioi], iitroduicgA Senate Bill No. 43, to