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JOURNAL OF THE SENATE

Tuesday, May 9, 1939

The Senate convened at 2:00 o'clock P. M., pursuant to and prescribing the manner of enforcing the provisions of

adjournment on Monday, May 8, 1939. this Act, and fixing the penalties for the violation of the

The President in the Chair. terms and provisions thereof.

The roll was called and the following Senators answered Also-to their names:to their names: Senate Bill No. 123:

Mr. President; Senators Adams, Beacham, Beall, Black, Senate BiClarke, Coulter, Dame, Dugger, Dye, Gillis, Gideons, Graham, An Act authorizing all counties of the State of Florida hav-Hinely, Hodges, Holland, Horne, Johns, Kanner, Kelly (llth), ing a population of not less than 60,000 and not more thanKelly (16th), Kendrick, Lewis, Lindler, Mapoles, McKenzie, 70,000 according to the last official, federal or State census,Parker, Parrish, Price, Rose, Savage, Sharit, Walker, Ward, to pay the compensation of State Auditors engaged in fullWestbrook, Whitaker, Wilson-37. time work in such counties.

A quorum present.Prayer by the Chaplain. Also-

The reading of the Journal was dispensed with. Senate Bill No. 172:The Journal of April 20, 1939, was further corrected as An Act authorizing all counties of the State of Florida hav-

follows: ing a population of not less than 60,000 and not more thanOn page 4, column 1, line 21, strike out the words, "and 70,000 according to the last official, federal or state census,

read the second time by title only," and insert in lieu there- to levy a rate of millage not to exceed five mills against allof the words "out of its order." of the taxable property in such counties for the purpose of

Then add the following: promoting agriculture."Senator McKenzie moved that the rules be waived and

Senate Bill No. 152 be read the second time by title only. Also-Which was agreed to by a two-thirds vote. Senate Bill No. 173:

And Senate Bill No. 152 was read the second time by title An A authorizing all counties of the State of lorida ha-. only."y ing a population of not less than 60,000 and not more than

The Journal of April 27, 1939, was further corrected as 70,000 according to the last official, federal or state census,follows: to levy a rate of millage not to exceed two mills against all* On page 12, column 1, strike out lines 6 and 7 from bot- of the taxable property in such counties for the purpose oftom of page, and insert in lieu thereof the following: "So bridge construction, maintenance, and repair in such coun-the bill passed, as amended, by the required Constitutional ties.two-thirds vote of all members elected to the Senate forthe 1939 session of the Florida Legislature and was referred Also-to the Committee on Engrossed Bills."

And as further corrected was approved. Senate Bill No. 174:

The Journal of May 8, 1939, was corrected as follows: An Act authorizing all counties of the State of Florida hav-

On page 5, column 2, strike out the word "March" in ing a population of not less than 60,000 and not more than

the 13th line from the top of the page and insert in lieu 70,000 according to the last official, federal or state census,

thereof the word "May." to acquire, mortgage and dispose of real property.

Also-On page 6, column 1, in the second line from the bottom

of the page, strike out the word, "proceding" and insertin lieu Senate Bill No. 175:thereof the word "preceding." An Act authorizing all counties of the State of Florida hav-

Also- ing a population of not less than 60,000 and not more than

On page 6, column 2, in the eighth line from the top of 70,000 according to the last official, federal or state census,the page, strike out the word "consist" and insert in lieu to levy a rate of millage not to exceed five mills against allthereof the word "consisting." of the taxable property of such counties for the purpose

And as corrected was approved. of county welfare.

Senator McKenzie, Chairman of the Joint Committee on Also-Enrolled Bills on the part of the Senate, submitted the fol- Senate Bill No. 258:

| <^ lowing report: , .A bill to be entitled An Act to amend Sections 3, 9, 11, 29,Your Joint Committee on Enrolled Bills, to whom was 37, 38, 41, 43, 44, 121, 122, 174, 177, 193, 196, 200, 226, and 229

referredof Chapter No. 12790 of the Special Acts of the Legislature

Senate Bill No. 65: of the State of Florida of 1927, Entitled: "An Act to abolishthe present municipality of Haines City, Polk County, Flori-

An Act to define and regulate the practice of optometry da, and to establish, organize and constitute a municipalityand declaring the same to be a profession: to provide for a to be known and designated as the City of Haines City,Board of Examiners, its duties, powers, appointments and Polk County, Florida, and to define its territorial boun-salaries, and for the examination, qualification and fee of daries and to provide for its jurisdiction, powers and privi-applicants for the practice of optometry: to provide for the leges and to authorize the said City of Haines City, Polkissuance and revocation of certificates and registration of County, Florida, to enforce ordinances of said city," and

licensed practitioners of optometry and providing for the rec- repealing all laws and parts of laws in conflict herewith.ordation of such certificates: exempting registered optome-trists from jury duty and making their services available on a Also-parity with those of any other profession performing similar Senate Bill No. 354:service: Optometrists to give expert testimony relative to the A bill to be entitled An Act to provide for the Sale ondiagnosis of the human eye and its appendages of any visual, Compromise offers, without advertisement, of all tax salemuscular, neurological or anatomic anomalies of the human certificates held by the State of Florida for the year 1936eyes and their appendages: prohibiting the unethical or un- and/or prior years governing lands in Putnam County, Stateprofessional practice and sale of eye-glasses, spectacles and of Florida; providing that the amount of State tax coveredlenses: and prohibiting unethical or unprofessional conduct, by tax certificates shall not be subject to compromise.

288 JOURNAL OF THE SENATE May 9, 1939

Also-- municipal character and that any municipality exercisingSenate Bill No. 397: any of the powers granted under this act shall be con-

strued as exercising a municipal power.A bill to be entitled An Act to provide for the biennial

registration of all legally qualified voters in the City of Pen- Also-sacola, Florida, entitled to vote in municipal primary or Senate Bill No. 476:general elections; providing that no person not registered inaccordance with the provisions of this Act shall vote in any A bill to be entitled An Act authorizing municipal cor-such election; repealing Section 4 of Chapter 16989, Laws porations to acquire by eminent domain, purchase, gift, de-of Florida, Acts of 1935, and all laws and parts of laws in vise or lease and to construct, maintain and operate librar-conflict with the provisions of this Act. ies, auditoriums, armories, community centers and any other

public buildings dedicated or to be dedicated to public use,Also- and declaring such facilities to be municipal facilities.

Senate Bill No. 442: Also-

A bill to be entitled An Act to amend Section 182 of the Senate Bill No. 616:Charter of the City of St. Augustine (Being Chapter 11148,Laws of Florida, Acts of 1925, and Acts amendatory thereof) A bill to be entitled An Act to amend Sections 8 and 11,

as amended by Section 77 of Chapter 14375, Laws of Florida, of Chapter 10100, Laws of Florida, Acts of 1925, relating to

Acts of 1929, relating to the making of contracts by said establishment and maintenance of municipal and county

City with individuals, companies or corporations for fur- recreation centers and playgrounds and prescribing a methodnishing electric power and energy; and repealing all laws or of taxation therefor.parts of laws in conflict therewith. And Senate Bills Nos. 475, 476 and 616, contained in the

Have examined the same and find them correctly enrolled. above report, were laid on the table.

The same having been duly signed by the Speaker and Senator Dye, Chairman of the Committee on Cities andChief Clerk of the House of Representatives, we herewith Towns, reported that the Committee had carefully con-present the same for the signature of the President and Sec- sidered the following bill and recommends that the sameretary of the Senate.do pass-

The Bills contained in the above report were thereuponduly signed by the President and Secretary of the Senate Senate Bill No. 589:in open session and ordered referred to the Joint Committee A bill to be entitled An Act requiring all municipalities inon Enrolled Bills on the part of the Senate, to be conveyed the State of Florida having according to the last censusto the Governor for his approval, a population in excess of 30,500 to provide medical treat-

ment at municipal expense to indigent residents of suchSenator Whitaker, Chairman of the Committee on Judiciary municipalities who are infected with venereal disease, .and

"B," reported that the Committee had carefully considered the authorizing the expenditure of municipal funds for suchfollowing bill and recommends that the same do pass, with treatment, and authorizing the levy of ad valorem taxesCommittee amendments- to defray the expenses thereof.

Senate Bill No. 420: And Senate Bill No 589, contained in the above report,

A bill to be entitled An Act prohibiting any person, firm was placed on the Calendar of Bills on second reading.or corporation acting as refunding agents for taxing units of Senator Dye, Chairman of the Committee on Cities and

the State of Florida from owning bonds or other indebtedness Towns, reported that the Committee had carefully con-of such tax unit and providing penalties and forefeiture for sidered the following bill and recommends that the same do

violation thereof. not pass-Which amendment is as follows: Senate Bill No. 185:

No. 1. A bill to be entitled An Act to provide that cities and

In Section 2, of the typewritten bill, following the period villages owning, maintaining or operating certain services orat the end of said section add the following: facilities may make provision for the collection of reason-

Such person, firm, corporation or association of persons able charges from the users of such services or facilities.Such person, firm, corporation or association of personsSenate Bill No. 185, contained in the above report,

shall also forfeit all right to compensation and reimburse- was laid on the tablement provided in the refunding contract. The Circuit Court was lad on the tablein the county where the taxing unit involved is located shall Senator Dye, Chairman of the Committee on Cities and

have full power and jurisdiction to enforce the forfeitures Towns, reported that the Committee had carefully considered

herein provided which shall be had only after full hearing the following bill and recommends that the same do not pass.

upon petition filed in the name of the State of Florida, by the House Bill No. 260:State Attorney, hearing to be had after thirty days' notice A bill to be entitled An Act to provide that cities andof the filing of said petition, which notice shall be served upon villages owning, maintaining or operating certain servicesthe person, firm, corporation or association of persons owning or facilities may make provision for the collection of reason.or claiming an interest in the bonds or evidence of debt able charges from the users of such services or facilities.involved as summons ad respondendum is served. Review And Senate Bill No. 260, contained in the above report,shall be upon appeal as in chancery matters. was laid on the table.

And Senate Bill No. 420, contained in the above report, Senator Dye, Chairman of the Committee on Cities andtogether with Committee Amendment thereto, was placed on Towns, reported that the Committee had carefully consid-the Calendar of Bills on second reading. ered the following bill and recommends that the same do

Senator Dye, Chairman of the Committee on Cities and Pass.Towns, reported that the Committee had carefully con- Senate Bill No. 598:sidered the following bills and recommends that they do not A b to be entitled An Act granting to the cities and townspass- of the Stat the power to prescribe hand enforce

Senate Bill No. 475: zoning regulations governing the construction, location, and

A bill to be entitled An Act authorizing municipal cor- use of buildings and other structures within the corporateporations to acquire by eminent domain, purchase, gift, de- limits of such cities and towns; to provide for the method ofvise or lease and to construct, maintain and operate port procedure to establish such regulations; to provide for theterminal facilities, warehouses, grain elevators, fruit termin- creation of a zoning commission and board of adjustmentals, re-barreling plants, cold storage and quick freezing plants and prescribing the duties of the same; to provide for hear-and other plants and establishments for the packing, com- ings and appeals; to provide for penalties for violation of thispressing and preparing for shipment of commodities, whar- Act and of such regulations, and to provide for civil reme-ves, docks dry docks, quays, yacht and ship basins, land dies to restrain, correct, or abate violations of this Act andmachinery, tanks, conveyors, facilities, appurtenances and of such regulations.equipment for the proper operation thereof; determining And Senate Bill No. 598, contained in the above report,and declaring that such facilities and functions are of a was placed on the Calendar of Bills on second reading.

May 9, 1939 JOURNAL OF THlE SENATE 289

Senator Adams; Chairman of the Committee on Agricul- providing for the organization, establishment, operation,ture and Livestock, reported that the Committee had care- maintenance, and support of the State System of Publicfully considered the following bill and recommends that Education and prescribing penalties for violating any pro-the same do pass. visions of the Act, and any rule and regulation made pur-

suant to the Act.Senate Bill No. 441:suntoheA.~~~~~Senate Bil No. 441: And Senate Bill No. 25, contained in the above report, to-An Act to amend Chapter 18,144, Laws of Florida, approved gether with Committee Substitute therefor, was placed on

June 10, 1937, entitled "An Act to. declare the necessity of the Calendar of Bills on second reading.establishing "Soil conservation districts"; to engage in con-serving soil resources and preventing and controlling soil Senator Graham, Chairman of the Committee on Mis-erosion; to establish the State soil conservation committee, cellaneous Legislation, reported that the Committee had care-and to define its powers and duties; to provide for the estab- fully considered the following bill and recommends that thelishment of soil conservation districts; to define the powers same do pass-and duties of soil conservation districts, and to provide for Senate Bill No. 543:the exercise of such powers, including the power to acquireproperty by purchase, gift, and otherwise; to empower such A bill to be entitled An Act to amend second paragraphdistricts to adopt programs and regulations for the discon- of Section 9, of Chapter 17276, Laws of Florida, Acts oftinuance of land-use practices contributing to soil wastage 1925, being An Act to amend Sections 1, 2, 3, 4, 5, 6, 7, 9,and soil erosion, and the adoption and carrying out of soil- 9B, 16 18 and 21, of Chapter 14832, Laws of Florida, Actsconserving land-use practices, and to provide for the en- of 1931, being "An Act to prvoide for a State Racing Conm-forcement of such programs and regulations; to provide for mission; to prescribe its powers and duties and to fix thethe establishment of boards of adjustment in connection compensation of its members; to provide for the holding ofwith land-use regulations, and to define their functions and referendum and recall elections in any county, to deter-powers- to provide for discontinuance of such soil conser- mine whether racing shall be permitted or continued there-vation districts, and for other purposes," to create a State in; to provide for licensing and taxing such racing; and

Soil Conservation Board and to prescribe its powers and apportioning the monies derived therefrom among the sev-duties and for other purposes. eral counties of the State; to provide for and regulate the

And Senate Bill No. 441, contained in the above report, making of parimutuel pools within the enclosure of licensedwas placed on the Calendar of Bills on second reading race tracks; providing certain penalties for the violation of

this Act, and for other purposes relating thereto" by provid-Senator Westbrook, Chairman of the Committee on Ap- ing that eighty-five percent of the employees of raCing

propriations, reported that the Committee had carefully plants, and of the concessions and businesses incidental there-considered the following bills and recommends that they do to, shall be bona fide residents and citizens of the State ofpass. Florida.

Senate Bill No. 472: And Senate Bill No. 543, contained in the above report,

A bill to be entitled An Act making an appropriation for was placed on the Calendar of Bills on second reading.conducting research and demonstration work on bright or Senator Savage, Chairman of the Special Committee onflue-cured tobaccos in the State of Florida. Whereas the Social Welfare, appointed pursuant to Senate Resolution No.bright or flue-cured tobacco industry is one of Florida's new 16, reported that the Committee had carefully consideredand most important industries, and whereas it is important the following bill and recommends that the same do pass-to the State of Florida that her tobacco farmers have ad- Senate Bill No 473:vantage of the best scientific information and help in all 4phases of growing and handling of their tobacco; particu- A bill to be entitled An Act to provide for and promotelarly the control of blue mold and other major problems. the general welfare of the State of Florida by supplying toand whereas it is deemed necessary and desirable that monies the people a more liberal distribution and increase of pur-be made available for conducting research and demonstra- chasing power. retiring certain citizens from gainful em-tion work for and with bright tobacco farmers, and whereas ployment,. improving and stabilizing gainful employment forsuch work is considered of great importance to the entire other citizens, stimulating agricultural and industrial pro-State of Florida and her citizens. duction and general business, and alleviating the hazards

and insecurity of old age and unemployment; to provide aAlso: method whereby citizens shall contribute to the purchaseSenate Bill No. 603: of and receive a retirement annuity; to provide for the rais-

A bill to be entitled An Act making an appropriation for. ing of the necessary revenue to operate a continuing planA bill to be entitled An Act making an appropriation forth~ereofor t~honpereoviadre froer tnhe atppro~ppriattiona anodntenxpenndipturne

a portion of the cost of constructing certain buildings and revenue-for to provide for the approproper administration ofand expenditureadditions at the Florida State Hospital at Chattahoochee, of sch r u provide penalties for violation of the Act; andFlorida, to supplement a Federal grant of a portion of the f other purpoves famount necessary to constmuct said forldiother dpurposes.r amount necessary to construct said building and additions. And Senate Bill No. 473, contained in the above report,

Also- was placed on the Calendar of Bills on second reading.

House Bill No. 537: Senator Hinely, Chairman of the Committee on Engrossed

A bill to be entitled An Act providing for the construction Bills, submited the following report:of a new south wing to the State Capitol to include a Senate Your Committee on Engrossed Bills, to whom was referredChamber and Committee Rooms and executive offices for (with amendments), after second reading-the Florida State Senate, and appropriating money for the Senate Bill No. 287:paynmentterefor. A bill to be entitled An Act to protect good will represented

And Senate Bills Nos. 472, 603 and House Bill No. 537, by trade marks, names or brands, against injury by authoriz-contained in the above report, were placed on the Calendar ing contracts establishing minimum resale prices on com-of Bills on second reading. modities bearing them and defining as unfair competition

Se . , _ . . . , „ _ .and making actionable knowingly and wilfully to advertiseSenator Kanner, Acting Chairman .of the Committee on and sell such commodities at less than the minimum prices

Edueation, reported that the Committee had carefully con- anpelrucicesit es h hEducation, reported that the Committee had carefully con- established in the contract authorized by this Act, whether~~sidered the following bill- the person so advertising and selling is or is not a party to

Senate Bill No. 25: such contract.

A bill to be entitled An Act relating to public education, Have carefully examined same, and find same correctlyproviding for the organization, establishment, operation, engrossed, and return same herewith.maintenance, and support of the State System of Public And Senate Bill No. 287, contained in the above report.Education. was placed on the Calendar of Bills on third reading.

And offer the following substitute and recommend thatthe sAn d offer the following substitutepass- Senator Hinely, Chairman of the Committee on Engrossed

~~~~~~~~~the same do pass-g~ .Bills, submited the following report:Committee Substitute for Senate Bill No. 25: Your Committee on Engrossed Bills, to whom was referredA bill to be entitled-An Act relating to public education, (with amendments) after third reading.


Senate Bill No. 659: tor, town clerk, and town tax assessor, and providing forA bill to be entitled An Act relating to Napoleon B. Brow- a town manager.

ard Drainage District, in Brown County, Florida; to the en- Als-forcement of taxes, interest, and penalties thereon imposedby said district; to the foreclosure of taxes and liens for Senate Bill No. 207:taxes for said district; providing for suits in chancery by A bill to be entitled An Act fixing and providing for the pay-said district for the foreclosure and cutting off of the owners' ment of salaries of Supervisors of Registration in Counties ofright to redeem lands where title has vested in the district; the State of Florida having a population of not less than nineproviding a supplemental, additional, optional, and alterna- thousand, seven hundred and eighty, and not more than tentive method of enforcing tax liens due- said district by suit thousand, according to the last preceding State census takenin chancery in rem against said lands; prescribing the prac- prior to the passage of this Act.tice, pleading, and procedure in such suits and authorizingthe allowance of attorneys' fees therein, and providing for Also-lease and sale of lands bid in by the district under such sale. Senate Bill No. 236:

Have carefully examined same, and find same correctly A bill to be entitled An Act for the relief of Jim Hopkins ofengrossed, and return same herewith. Escambia County, Florida.

And Senate Bill No. 659, contained in the above report,was certified to the House of Representatives. Also-

Senator McKenzie, Chairman of the Joint Committee on Senate Bill No. 254:Enrolled Bills on the part of the Senate, submitted the fol- A bill to be entitled An Act to amend Section 4 and Sectionlowing report: 5 of Chapter 18284, Laws of Florida, Acts of 1937, being An

Your Joint Committee on Enrolled Bills, to whom was Act entitled: "An Act relating to the admission of patientsreferred: to the State Tuberculosis Sanatorium and providing for the

Committee Substitute for Senate Bill No. 26: payment of the care and maintenance charges of such pa-A bill to be entitled An Act to amend Sections 11 and 12 e .

of Chapter 17808, Laws of Florida, Acts of 1937 entitled Also-"An Act to promote the planting and production, within Senate Bill No 294-the State of Florida, of Sea Island cotton; in the exerciseof the reserve powers of the State of Florida to provide pro- A bill to be entitled An Act to repeal Chapter 17969, Actstection for growers and producers of such cotton against of 1937, Laws of Florida, being 'An Act relating to the dis-hybridization and reduction in value thereof; to that end tribution and expenditure of monies derived from gasolineproviding for creation of cotton production control districts: taxes placed to the credit of the several counties of theprohibiting the production, in said districts, of any type of State of Florida having a population of not less than sevencotton other than Sea Island cotton; also prohibiting the thousand one hundred and fifty (7,150) and not more thanplanting therein of any type of cotton seed or plants other seven thousand two hundred (7,200) according to the Statethan Sea Island cotton seed or plants; providing for the census of 1935, conferring certain powers, authority, and dutiesadministration and enforcement of the provisions hereof; upon the State 3oardof Administration and the State Treas-making an annual appropriation for the purpose of carrying urer with reference thereto, and prescribing the purpose forout the provisions hereof; providing penalties and punish- which such monies shall be expended."ment for violation ot the provisions hereof" so as to clarify Also-the provision of Section 11 as to the territorial scope of the -Act and increasing the annual appropriation provided for in Senate Bill No. 337:Section 12 of the Act. A bill to be entitled An Act authorizing and empowering

Also- the Board of County Commissioners of Escambia County,Florida, to budget, appropriate and expend moneys out of

Senate Bill No. 117: the General Revenue Fund for the purpose of employing aA bill to be entitled An Act to repeal Chapter 4247, Laws representative or representatives to consult and advise with

of Florida, Acts of 1893, entitled "An Act to incorporate the Board of County Commissioners of said County regardingthe Florida annual conference of the Methodist Episcopal the development of natural resources in said County, the estab-Church, South." lishment, maintenance and development of industries and

Also- Federal and State projects and other governmental establish-ments in said County and to endeavor to secure such indus-

Senate Bill N o. 124: *tries, developments, projects and establishments, and validatingA bill to be entitled An Act authorizing Pinellas County, any and all expenditures for like purposes hertofore made.

Florida to construct; acquire, improve, extend, operate andmaintain certain public works, undertakings, and projects Also-in said county and under, in, over, above and across the Senate Bill No. 349:waters of Boca Ceiga or Tampa Bay; prescribing the mode A bill to be entitled An Act to fix and provide the com-of procedure for and regulating the issuance and sale of pensation of members of the County Board of Public Instruc-bonds and other obligations to finance such works, under- tions in all counties in the State of Florida having a popula-takings and projects, providing for the payment of such tion of not less than 5,525 nor more than 5,850 according tobonds and other obligations; and authorizing agreements the last preceding State census.with the holders of such bonds and other obligations.

Also- ' ' Also-

Senate Bill No. 152:Senate Bill No. 350:A bill to be entitled An Act to amend Chapter 6337, Laws A bill to be entitled An Act to fix and provide the compen-

of Florida, Acts of 1911, being An Act entitled "An Act re- sation of members of the Board of County Commissioners inlating to the incorporation of the Town of Crescent City, all counties in the State of Florida having a population offixing its boundaries, conferring on said town all the pow- not less than 5,525 nor nor more than 5,850 according to theers and privileges incident thereto under the laws of the last preceding State census.State of Florida, validating all ordinances heretofore pass- Also-ed by said town. validating all Acts of said town and its Senate Bill No 362-officers, providing for the assessment of taxes and collec- tions of revenue providing for paving and improving streets A bill to be entitled An Act to authorize the Board ofand sidewalks, providing for and authorizing the issue and County Commissioners of Polk County, Florida to providesale of bonds, providing for a town council and other offi- group insurance for the following officers of Polk County andcials for said town, providing methods for the government their respective employees, viz: Board of County Commission-of said town and conferring other powers and privileges of ers, Clerk of the Court, County -Judge, Sheriff, Tax Col-sald town," as said Chapter 6337, Laws of Florida. Acts of lector, Tax Assessor, Clerk County Court and Criminal Court1911, is amended by Chapter 8928, Laws of Florida, Acts of Record, Supervisor of Registration, and providing that, asof 1921, this Act providing for the abolishment of the elec- to such employees, such group insurance shall be in lieu oftive offices in said town of town treasurer, town tax collec- the provisions of Chapter 17481, Acts of 1935, known as the

May 9, 1939 JOURNAL OF THE SENATE 291

Florida Workmen's Compensation Act, and providing that prohibit the netting, placing and setting of nets, or the tak-the expenses thereof shall be paid out of the general fund ing of fish by nets or in any other way or manner exceptand validating and confirming all payments heretofore made with rod and reel; pole, hook and line from the waters ofby such Board of County Commissioners for such group Homosassa river, in Citrus County, Florida, and providinginsurance. a penalty for the violation thereof.

Also- Also-Senate Bill No. 370: Senate Bill No. 505:A bill to be entitled An Act to provide payment to the A bill to be entitled An Act prohibiting, in Lake County,

Pace Company, John K. Edwards, M. C. Boley, W. M. John- the pursuing, taking, hunting or killing of any game, gameson, W. S. Gay, D. C. Dunlap, L. E. Dove, McCurdy Estate, birds or game animals on Monday, Wednesday and FridayW. T. Farror, Drs. Turberville and Turberville, Pensacola of each week during the period which, under any law, theHospital, Goodyear Service Stores, Pensacola Buggy Works, hunting pursuing, taking or killing is permitted by the lawsD. H. Tart and Pensacola Broadcasting Company, by Es- of the State of Florida: providing a penalty for the viola-cambia County, Florida. tion of this Act and repealing all laws and parts of laws in

conflict with this Act; and providing that this Act shallAlso- take effect immediately upon its passage and approval bySenate Bill No. 371: the Governor or its becoming a law without such approval.

A bill to be entitled An Act to provide payment to L. A. Also-Maygarden, W. J. Noonan, H. E. Gandy, Irving Staples, Senate Bill No. 506:J. E. and Evelyn Staples, J. H. Simmons, Raymond Grause,Tom Braswell, Paul E. Maygarden, Frank Frick and Gladys A bill to be entitled An Act fixing the salary of State At-Frick, Mrs. W. A. Williams, Walter Jones, George Kinsley, torneys in the State of Florida in circuits comprising fiveMrs. R. E. Williams, C. L. J. Smith and Beulah C. Smith, counties with a population of more than 79,000 people ac-B. N. Cobb, J. C. McConnell, F. W. Nicholson, M. C. Kil- cording to the last State census.patrick, Luella Marble, Edgar Brockman, Levi Brazwell,J. G. McNair, D. H. Tart, J. M. Gant, R. C. Johnson, and Also-Soule Brothers, by Escambia County, Florida. Senate Bill No. 513:

A bill to be entitled An Act authorizing and directing theAlso- Board of County Commissioners of St. Johns County, Florida,Senate Bill No. 392: to cancel all general school and school district bonds andA bill to be entitled An Act providing that no court shall interest coupons of St. Johns County, and other bonds, in-

enter any interlocutory or final order, decree or judgement terest coupons and evidences of indebtedness heretoforein any case involving the validity or constitutionality of any received by St. Johns County officials for the payment oflaw relating to the distribution, apportionment of allocation taxes, and prescribing the procedure therefor.of any state excise or .other taxes equally to the several Alcounties of this state, until it appears of record that serviceof notice of the. pendency of the suit and of hearings of Senate Joint Memorial No. 1:applications of such orders, decrees or judgments accompan- A Joint Resolution as a Memorial to Congress to pass anled by copies of the pleadings has been had upon the chair- Act for the relief of property owners who suffered damagesman of the Board of County Commissioners or chairman of from the campaign to eradicate the Mediterranean fruit fly.the Board of Public Instruction of the several counties orupon both such chairman of said board depending upon Also-whether one or both or said boards has an interest in the Senate Memorial No. 3:subject matter, and providing that such boards after suchservice shall be parties to the case and properly aligned by A Jomt Resolution as a Memorial to Congress to pass an

Act terminating the selling of munitions and war materialsthe court.. by citizens of the United States to the country of Japan.

Also- Beg leave to report that the same have this day been pre-Senate Bill No. 398: sented to the Governor for his approval.

A bill to be entitled An Act fixing the fiscal year of the Senator McKenzie, Chairman of the Joint Committee onCity of Pensacola, fixing the time of passage by the City Enrolled Bills on the Part of the Senate, submitted the fol-Council of said City of the annual appropriation ordinance lowing report:'and the annual tax levy ordinance, fixing the time for the Your Joint Committee on Enrolled Bills, to whom wassubmission by the City Manager of the budget estimate referred-for the year, fixing the time for the meeting of the Board ofTax Equalization of said City, and repealing all laws and Senate Bill No. 65:parts of laws in conflict with the provisions of this Act. A bill to be entitled An Act to define and regulate the

practice of optometry and declaring the same to be a pro-Also- fession: to provide for a Board of Examiners, its duties, pow-Senate Bill No. 499: ers, appointments and salaries, and for the examination,A bill to be entitled An Act to amend Section 25 of Ar- qualification and fee of applicants for the practice of opto-

ticle 3, and Section 49 of Article 4, and Section 62 of Article metry: to provide for the issuance and revocation of certifi-8, and Section 63 of Article 8, of Chapter- 15116, Laws of cates and registration of licensed practitioners of optometryFlorida of 1931, entitled: "An Act to abolish the present mu- and providing for the recordation of such certificates: exempt-nicipal government of the City of Carrabelle, in the County ng registered optometrists from jury duty and making theirof Franklin and State of Florida; and to organize and estab- services available on a parity with those of any other pro-lish a commission form of government for the same; to pre- fession performing similar service: optometrists to give ex-scribe its jurisdiction and powers; and to authorize the im- pert testimony relative to the diagnosis of the human eyeposition of penalties for the violation of its ordinances"; its appendages of any visual, muscular, neurological or ana-enlarging the powers of the City of Carrabelle to incur in- tomic anomalies of the human eyes and their appendages;debtedness, and to issue bonds and other obligations; author- prohibiting the unethical or unprofessional practice andizing the issuance and delivery of mortgages and deeds of sale of eye-glasses, spectacles and lenses: and prohibitingtrust creating liens on real estate and personal property of unethical or unprofessional conduct and prescribing thethe City of Carrabelle, and the pledge of revenues of public manner of enforcing the provisions of this Act, and fixingutilities to pay certain indebtedness; providing for a refer- the penalties for the violation of the terms and provisionsendum election for the ratification or rejection of this Act; thereof.repealing conflicting laws.

Also-.Also- .Senate Bill No. 123:Senate Bill No. 504: A bill to be entitled An Act authorizing all counties of theA bill to be entitled An Act making it unlawful, and to State of Florida having a population of not less than 60,000


and not more than 70,000 according to the last official, ing electric power and energy; and repealing all laws orfederal or State census, to pay the compensation of State parts of laws in conflict therewith.Auditors engaged in full time work in such counties. Beg leave to report that the same have this day been pre-

sented to the Governor for his approval.Alsoenate- BillNo.172Tallahassee, Florida,Senate Bill No. 172: May 9, 1939.A bill to be entitled An Act authorizing all counties of the Hon. J. Turner Butler,

State of Florida having a population of not less than 60,000 President, Florida State Senate,and not more than 70,000 according to the last official, Tallahassee, Florida.federal or state census, to levy a rate or millage not to ex- Sir:ceed five mills against all of the taxable property in such Your Committee on Rules and Calendar respectfully recom-counties for the purpose of promoting agriculture. mends that a session of the Senate be held on Wednesday,

Also- May 10th, from 8:00 to 10:30 p. m., for the consideration ofSenate Bill No. 173: the following classes of bills only:A bill to be entitled An Act authorizing all counties of the 1. AU local bills.

State of Florida having a population of not less than 60,000 2. Road designation bills.and not more than 70,000 according to the last official, 3. Pension bills.federal or state census, to levy a rate or millage not to ex- 4. Claims bills.ceed two mills against all of the taxable property in such Respectfully submitted,counties for the purpose of bridge construction, mainten- A. 0. KANNERance, and repair in such counties. Chairman, Committee on Rules and Calendar.

Also- Senator Kanner moved the adoption of the foregoing reportSenate Bill No, 174: of the Committee on Rules and Calendar.A bill to be entitled An Act authorizing all counties of the

State of Florida having a population of not less than 60,000 Which was agreed to and the report was adopted.and not more than 70,000 according to the last official, Senator Adams moved that the rules be waived and Senatefederal or state census, to acquire, mortgage and dispose of Bills Nos. 468, 469, 466, 465. 467. 96, 450, 451, 452 and 609 bereal property. made a Special and Continuing Order of Business for con-

sideration by the Senate beginning at 2:30 o'clock, P. M.,Also-enate Bill NoThursday, May 11, 1939.

A bill to be entitled An Act authorizing all Counties of Which was agreed to by a two-thirds vote and it was sothe State of Florida having a population of not less than ordered.60,000 and not more than 70,000 according to the last offi- Senator Dame moved that the rules be waived and Senatecial, Federal or State census, to levy a rate of millage not Bills Nos 457, 456, 455, 548 and 624 be made a Special andto exceed five mills against all of the taxable property of Continuing Order of Business for consideration by the Senatesuch counties for the purpose of County welfare. beginning at 2:30 o'clock, P. M., Friday, May 12, 1939.

Which was agreed to by a two-thirds vote and it was soAlso- ordered.Senate Bill No. 258: Senator Dame moved that the rules be waived and SenateA bill to be entitled An Act to amend Sections 3, 9, 11, 29. Bill No. 35 be made a Special and Continuing Order of Business

37, 38, 41, 43, 44, 121, 122, 174, 177, 193, 196, 200, 226, and for consideration by the Senate beginning at 4:00 o'clock.229 of Chapter No. 12790 of the Special Acts of the Legis- P. M., Monday, May 15, 1939.lature of the State of Florida of 1927, entitled: "An Act to Which was agreed to by a two-thirds vote and it was soabolish the present municipality of Haines City, Polk County, ordered.F. lorida, and to establish, organize and constitute a munici- Senator Black moved that the rules be waived and Senatepality to be known and designated as the City of Haines Bills Nos. 422 and 464 be made a Special and Continuing OrderCity, Polk County, Florida, and to define its territorial boun of Business for consideration by the Senate beginning at 3:30daries and to provide for its jurisdiction, powers and privi- o'clock, P. M., Wednesday, May 10, 1939.leges and to authorize the said City of Haines City, Polk County, Florida, to enforce ordinances of said City," and Whh was agreed to by a two-thirds vote and it was sorepealing all laws and parts of laws in conflict herewith. ordered.

Senator Dame moved that the rules be waived and SenateAlso- Bill No. 279 be made a Special and Continuing Order of Busi-Senate Bill No. 354: ness for consideration by the Senate beginning at 4:30 o'clock,

P. M.. Monday, May 15, 1939.A bill to be entitled An Act to provide for the sale on com- Which was agreed to by a two-thirds vote and t as so

tificates held by the State of Florida for the year 1936and/or prior years covering lands in Putnam County, State Senator Savage moved that the rules be waived and Senateof Florida providing that the amount of State tax covered Bills No 355 and 356 be made a Special and Continuing Orderby tax certificates shall not be subject to compromise. of Business for consideration by the Senate beginning at 4:00

o'clock, P. M., Wednesday, May 10. 1939.Also- Which was agreed to by a two-thirds vote and it was soSenate Bill No. 397: ordered.

A bill to be entitled An Act to provide for the biennial Senator Parrish moved that the rules be waived and SenateA bill to be entitled An Act to provide for the biennial Bill No. 222 be made a Special and Continuing Order of Busiiregistration of all legally qualified voters in the City of Pen- ness for consideration b y the Senate begining Order of Busisacola, Florida, entitled to vote in municipal primary or P. M., Wednesday, May 10, 1939.general elections; providing that no person not registeredin accordance with the provisions of this Act shall vote in Which was agreed to by a two-thirds vote and it was soany such election, repealing Section. 4 of Chapter 16989, ordered.Laws of Florida. Acts of 1935, and all laws and parts of Senator Beall moved that the rules be waived and Senatelaws in conflict with the provisions of this Act. Bill No. 473 be made a Special and Continuing Order of Busi-

ness for consideration by the Senate beginning thirty minutesAlso- after the Senate convenes on Tuesday, May 16, 1939.Senate Bill No. 442: Upon which a roll call was demanded.A bill to be entitled An Act to amend Section 182 of the Upon the adoption of the motion, made by Senator Beall

Charter of the City of St. Augustine (being Chapter 11148, the roll was called and the vote was:Laws of Florida, Acts of 1925, and Acts amendatory thereof) Yeas-Mr. President; Senators Adams, Beacham, Beall,as amended by Section 77 of Chapter 14375, Laws of Florida, Black, Clarke. Coulter, Dame, Dugger, Dye, Gillis, Gideons.Acts of 1929, relating to the making of contracts by said Graham, Hinely, Hodges, Holland. Home, Johns, Kanner,City with individuals, companies or corporations for furnish- Kelly (11th), Kelly -('6th). Kendrick, Lewis, Lindler, Mapoles,


McKenzie, Parker, Parrish, Price, Rose, Sharit, Walker, Ward, WHEREAS, it is generally conceded that the great sun-Westbrook, Whitaker, Wilson-36. shine state is the happy mecca of those who would come

Nays-None. to seek recreation, happiness and wonderful living, andWhich was agreed to and Senate Bill No. 473 was made a WHEREAS, the variety of entertainment, sports, recrea-

Special and Continuing Order of Business for consideration tion and points of interest offered by the peninsular stateby the Senate beginning thirty minutes after the Senate con- in the great expanse stretching from the banks of the Perdidovenes on Tuesday May 16, 1939. to the waters of St. Mary's and St. John's Rivers, thence

Senator Savage moved that a committee be appointed to south to the southernmost tip of the United States, are un-escort the Honorable W. J. Crosby, a former member of the surpassed and without equal within the boundaries of theseSenate from the 20th Senatorial District, to a seat on the great United States, androstrum. WHEREAS, the State of Florida has since its creation

Which was agreed to. and admission into the Union been a gibraltar of Democracy

And the President appointed Senators Savage, Hinely and andParrish as the committee. 'WHEREAS, the activities of its prominent Democrats has

Senator Holland moved that the rules be waived and' the made its influence felt in the high councils of this nation,

Senate do now take up and consider Senate Bill No. 287, out aof its order. WHEREAS, the State of Florida is desirous of showing

Which was agreed to by a two-thirds vote. every possible courtesy to the younger element of the greatDemocratic Party.

Senate Bill No. 287: NOW THEREFORE, BE IT RESOLVED BY THE SENATE

A bill to be entitled An Act to protect trade-mark owners, OFTHESTATEOF FLORIDA, THE HOUSE O REP-producers, distributors and the general public against injurious RESENTATIVES CONCURRING.and uneconomic practices in the distribution of competitive That the Young Democratic Clubs of America be, and theycommodities bearing a distinguishing trade-mark, brand or are herein and hereby cordially invited to hold their nationalname; authorizing the use of contracts establishing minimum biennial convention for 1941 within the State of Florida,resale prices and refusal to sell unless such minimum resale And be it further resolved that a copy of this resolutionprices are observed, and making such contracts obligatory on be spread upon the minutes of both houses, and that aall persons having knowledge of them, whether or not such copy thereof under the great seal of this state, be transmittedpersons are parties thereto. to the -Honorable Pitt Tyson Manor, President of the Young

Was taken up. Democratic Clubs of America, that a copy be furnished theSenator Holland moved that the rules be waived and Senate press, and that sufficient copies be ordered for distribution

Bill No. 287 be read the second time by title only, to the delegates at the next biennial convention of the YoungWhich was agreed to by a two-thirds vote. Democratic Clubs of America, which is to be. held in theAnd Senate Bill No. 287 was read the second time by title Wiy wsrg, efsti in l.

~O~~~~~nlf~~~~~~y. w a s Which was read the first time in full.Q>or»only. Tii^iTfr o t,,^ ^^ Senator Westbrook moved that the rules be waived andSenator Holland offered the following amendment to Sen- Senate Concurrent Resolution No. 15 be read the second

ate Bill No. 287: time in full.(Typewritten bill) strike out the title, and insert in lieu Which was agreed to by a two-thirds vote.

"An Act to protect good will represented by trade marks, And Senate Concurrent Resolution No. 15 was read thenames or brands, against injury by authorizing contractsestablishing minimum resale prices on commodities bearing The question was put upon the adoption of the Resolution.them and defining as unfair competition and making action- No. 15 was adopted, and the action of the Senate was or-able knowingly and wilfully to advertise and sell such com- dered certified to the House of Representatives immediately,modities at less than the minimum prices established in the by waiver of the rule.contracts authorized by this Act, whether the person so INTRODUCTION OF BILLS AND JOINT RESOLUTIONSadvertising and selling is or is not a party to such con-tract." .By Senators Graham, Holland and Hinely-

Senator Holland moved the adoption of the amendment. Senate Bill No. 638:Which was agreed to and the amendment was adopted. A bill to be entitled An Act to amend Section three (3)And Senate Bill No. 287, as amended, was referred to the and subsections (b) and (c) of Section 8 of Chapter 15659

Committee on Engrossed Bils. Laws of Florida Acts of 1931 entitled "An Act relating totaxation, levying and Imposing an excise tax on gasoline

Senator Kanner moved that the rules be waived and and other like products of petroleum in addition to otherwhen the Senate adjourns at this session it adjourn to re- taxes thereon; levying and imposing a license tax on everyconvene on Wednesday, May 10, 1939, at 2:00 o'clock P. M. dealer in gasoline or any other like product of petroleum;and adjourn at 6:00 o'clock P. M. - providing for the report of sale of such commodities, and

Which was agreed to by a two-thirds vote and it was so the collection and payment of such taxes; creating specialordered. 'funds for the reception of such taxes; providing the pur-

poses of such taxes, and for the deposit, appropriation andINTRODUCTION OF RESOLUTIONS AND CONSIDERATION disposition of the proceeds derived from such taxes, and

OF OTHER RESOLUTIONS prescribing the duties of certain officials with referencethereto, and declaring certain roads to have been and to be

By Senators Mapoles, Beall, Gillis, Lewis, Walker, Wilson, built for State purposes and as being State undertakings;Holland, Hodges, Dame, Home, Kelly (11th), Kelly (16th), repealing Chapter 14575, Laws of Florida, Acts of 1929,Parker, Graham, Lindler, Johns, Hinely, Butler, Rose, Sav- relating to the subject of gasoline taxes; repealing Chapterage, Coulter, Clarke, Westbrook, Ward, Sharit, McKenzie, 14573. Acts of 1929, relating to the subject of gasoline taxes,Murphy, Price, Dugger, Adams, Kendrick, Black, Kanner, and raising special revenue for educational purposes, andWhitaker, Beacham, Dye, Parrish and Gideons- all laws in conflict with this Act; providing for the enforce-

ment of this Act and penalties for violation hereof." Ap-Senate Concurrent Resolution No. 15: proved June 22 1931.

A RESOLUTION INVITING THE YOUNG DEMOCRATIC Which was read the first time by title only and referredCLUBS OF AMERICA TO HOLD THEIR NATIONAL to the Committee on Finance and Taxation.

BIENNIAL CONVENTION FOR 1941 IN THESTAlTE OP FLORIDA. By Senators Graham, Holland and Hinely-

Senate Bill No. 639:WHEREAS, the State of Florida is the playground of A bill to be entitled An Act to amend Section 23, of Chap-

America and attracts each year hundreds of thousands of ter 18285, Laws of Florida, Acts of 1937, entitled "An Actvisitors to bask in its healthful and invigorating climate and creating a State Welfare Board and district welfare Boardssunshine, to enjoy its unparalleled beaches and its thousands and providing for their appointment, qualifications, powersupon thousands of fresh water lakes, rivers and streams, and and duties; providing that said State Board shall be the agent


for the United States, State, County and municipal govern- ployment of teachers under the age of 65 years in thements in the administration of funds for the relief of un- public schools of Escambia County, Florida; defining termsfortunates; and authorizing the said boards to act as agent used in said Act; providing when teachers are entitled tofor the United States, State, County and municipal govern- tenure of employment and the causes for which such teach-ments in the administration of any funds for investigations, ers may be discharged or demoted and prescribing the pro-social welfare work, or any other work incident to the pub- cedure thereof; and conferring jurisdiction upon the Circuitlic welfare of the United States, State, County and municipal Court to issue writs of mandamus and certiorari in ordergovernments; authorizing the State Welfare Board to pro- to give effect to the provisions of said Act.mulgate rules and regulations necessary to carry out the The following proof of publication was attached to Senateintent and purposes of this Act; providing for the super- Bill No. 645 when it was introduced in the Senate:vision of State and local institutions for destitute or depend-ent children and providing for the disposition, care, pro- LEGAL NOTICEtection, support and maintenance of dependent children; NOTICE IS HEREBY GIVEN that the undersigned willauthorizing the State Welfare Board to establish minimum apply to the Legislature of the State of Florida at its presentstandards of care for all local public and private institu- session for the passage of a local law providing for Tenure oftions or agencies; creating the office of State Welfare Corn- Employment of School Teachers in the Public Schools ofmissioner and providing for his appointment, providing that Escambia County, Florida, defining when such teachers arethis Act shall not affect the enforcement of 'Chapter 9274, entitled to such tenure, providing procedure for the termina-Acts of 1923, of Chapter 11834, and .13384, Acts of 1927, tion thereof, and for judicial ascertainment of the rights ofof Chapter 13620, Acts of 1929, and Acts amendatory there- parties thereunder.of; repealing all other laws or parts of laws in conflict here- PHILIP D. BEALLwith; and making appropriations to carry out the purposes EVERITT 0. MALONEof said Act; and fixing the qualifications of persons entitled EDWIN HOLSBERRY.to monetary benefits or assistance under this Act." Ap- 6020-It-4-8-39.proved June 10, 1937 STATE OF FLORIDA,

Which was read the first time by title only and referred COUNTY OF ESCAMBIA:to the Special Committee appointed by the President pur- Before the undersigned personally appeared N. S. Veal,suant to Senate Concurrent Resolution No. 16. who on oath does solemnly swear that he has knowledge of

By Senator Dame- the matters stated herein; that a notice stating the sub-S e tBill No. 64 stance of a contemplated law or proposed bill relating to theSenate Bill No. 640:Tenure of Employment of School Teachers in the PublicA bill to be entitled An Act to declare, designate, and es- Schools of Escambia County, Florida, has been published at

tablish a certain State Road in Citrus County. least thirty days prior to this date, by being printed in theWhich was read the first time by title only and referred April 8th, 1939 issue of the PENSACOLA JOURNAL, a news-

to the Committee on Public Roads and Highways. paper published in Escambia County, Florida; that a copyof the notice that has been published as aforesaid and also

By Senator Dame- this affidavit of proof of publication are attached to theSenate Bill No. 641: proposed or contemplated law, and such copy of the notice

so attached is by reference made a part of this affidavit.A bill to be entitled An Act to declare, designate, and es-

tablish a certain State Road in Citrus County. N. S. VEALWhich was read the first time by title only and referred Sworn to and subscribed before me this 8th day of May,

to the Committee on Public Roads and Highways. 1939. DOROTHY G. THOMAS,

By Senators Beacham and Coulter- (Notary Public).Senate Bill No. 642: (Seal) My commission expires March 6, 1940.

A bill to be entitled An Act to require the teaching of Which was read the first time b title only.the civil government of Florida in the public schools of the Senator Beall moved that the rules be waived and SenateState of Florida and to make it the duty of the State Board Bill No. 645 be read the second time by title only.of Education and the State School Book Commission to car- Which was agreed to by a two-thirds vote.ry out the provisions of this Act. And Senate Bill No. 645 was read the second time by title

Which was read the first time by title only and referred only.to the Committee on Education. Senator Beall moved that the rules be further waived and

By Senators Beacham and Whitaker- Senate Bill No. 645 be read the third time in full and putSenate Bill No. 643: upon its passage.

Which was agreed to by a two-thirds vote.A bill to be entitled Aofn FlAct to amend Section 5918. e And Senate Bill No. 645 was read the third time in full.vised General Statutes of Florida, the same being Section

8182, Compiled General Laws of Florida, relating to expendi- Upon the passage of the bill the roll was called and thetures allowable in furtherance of the candidacy of any per- vote was:son at a primary election. Yeas-Mr. President; Senators Adams, Beacham, Beall,

Which was read the first time by title only and referred Black, Clarke, Coulter, Dame, Dugger, Dye, Gillis, Gideons,to the Committee on Judiciary "B." Graham, Hinely, Hodges, Holland, Horne, Johns, Kanner,

Kelly (lth), Kelly (16th), Kendrick, Lewis, Lindler, Mapoles,By Senator Beacham-- McKenzie, Parker, Parrish, Price, Rose, Savage, Sharit, Wal-Senate Bill No. 644: ker, Ward, Westbrook, Whitaker, Wilson-37.

A bill to be entitled An Act authorizing and directing the Nays-None.Clerk of the Circuit Court of Broward County, Florida, to So the bill passed, title as stated, and the action of thedeliver certain tax sale certificates held by the State and Senate was ordered certified to the House of Representativessold and assigned to Bart A Riley, and set aside and paid immediately, by waiver of the rule.for by him, during the year of 1931. under the provisionsof a certain contract then existing between said. purchaser, By Senator Kendrick-the Board of County Commissioners of Broward County, and Senate Bill No. 646:the State Comptroller,, entered into during the month of A bill to be entitled An At to amend Setion 5086 o

," *,May-, 1 931. ^ .the Revised General Statutes of Florida, 1920, the sameWhich was read the first time by title .only. being Section 7188 of the Compiled General Laws of Florida,By unanimous consent Senator Beacham withdrew Sen- 1927, and all amendatory Acts thereto, i. e. Chapter 14831,

ate Bill No. 644. .Acts of 1931, Section 1, and Chapter 17179, Section 1, Acts ofBy- Senator Bea-- , 1935; relating to and defining the meaning of pugilistic ex-By Senator Beall-hibitionsSenate Bill No. 645: . Which was read the first time by title only and referred to

-;.A bill to be entitled An Act providing for tenure of em- the Committee on-Miscellaneous.Legislation.

May 9, 1939 JOURNAL OF THE SENATE 29o

By Senator Hendrick- Which was agreed to by a two-thirds vote.

Senate Bill No. 647: And Senate Bill No. 649 was read the second time by title

A bill to be entitled An Act for the relief of A. L. Harris enator Bea moved that the rules be further waived andof flagler County, Florida. Senate Bill move that the rules be further waived andSenate Bill No. 649 be read the third time in full and put

Which was read the first time by title only and referred upon its passage.to the Committee on Pensions and Claims. Which was agreed to by a two-thirds vote.

By Senator Beall- And Senate Bill No. 649 was read the third time in full.

Senate Bill No. 648: Upon the passage of the bill the roll was called and the

A bill to be entitled An Act authorizing the City of Pen- vote was:sacola to construct, build, maintain and operate docks, dry Yeas-Mr. President: Senators Adams, Beacham, Beall,docks, ship ways, foundations for ship ways and the nec- Black, Clarke, Coulter, Dame, Dugger, Dye, Gillis, Gideons,essary dredging. filling and bulk-heading incident to the Graham, Hinely, Hodges, Holland, Home. Johns, Kanner,

construction of any of such facilities, and such other indus- .Kelly (lth), Kelly (16th), Kendrick, Lewis, Lindler, Mapoles,trial facilities as the city council of said city may determine McKenzie, Parker, Parrish, Price, Rose, Savage, Sharit, Wal-by ordinance; authorizing said city to acquire lands for such ker, Ward, Westbrook, Whitaker, Wilson-37.purposes; authorizing said city to levy taxes for the con- Nays-None.struction and operation of any of such facilities; authoriz- So the bill passed, title as stated, and the action of theing said city to issue bonds for the construction of any of Senate was ordered certified to the House of Representativessuch facilities, and providing method for the payment of immediately, by waiver of the rule.such bonds; authorizing said city to sell or lease any ofsuch facilities; declaring the powers and functions granted By Senator Beall-in this Act to be municipal in character; repealing all lawst Bill N 650-in conflict with the provisions of this Act; providing for Senate Bill No. 650:the submission of the question as to whether this Act shall A bill to be entitled An Act relating to the City of Pensa-become operative and effective to the voters of said city cola: authorizing such City to acquire by eminent domain,at the 1939 general municipal election, or at a special elec- purchase, gift, devise, or lease and to construct, maintain andtion to be called for such purpose, and providing for the operate port terminal facilities, warehouses, grain elevators,canvass of the votes cast upon such question, in either event fruit terminals, rebarreling plants, cold storage and quick

Which was read the first time by title only. freezing plants and other plants and establishments for the

Senator Beall moved that the rules be waived and Sen- packing, compressing and preparing for shipment of com-ate Bill No. 648 be read the second time by title only. modities: wharves, docks, dry docks, quays, yacht and ship

basins: land, machinery, tanks, conveyors, facilities, appur-Which was agreed to by a two-thirds vote. tenances and equipment for the proper operation thereof:And Senate Bill No. 648 was read the second time by title authorizing the issuance of revenue and general obligation

only. bonds of such city for the purposes above set forth, within

Senator Beall moved that the rules be further waived certain limits: authorizing the issuance of revenue certifi-and Senate Bill No. 648 be read -the third time in full and cates for such purposes: providing for a referendum electionput upon its passage; for the submission of this Act, to be called and held in the

Which was agreed-to by a two-thirds vote. City of Pensacola.And Senate Bill No. 648 was read the third time in full. Which was read the first time by title only.

Upon the passage of the bill the roll. was called and the Senator Beall moved that the rules be waived and Senatevote was: .- - Bill No. 650 be read the second time by title only.

Yeas-Mr. President; Senators Adams, Beacham, Beall, Which was agreed to by a two-thirds vote.Black, Clarke, Coulter, Dame, Dugger, Dye, Gillis, Gideons, And Senate Bill .No. 650 was read the second time by titleGraham, Hinely, Hodges, Holland, Homrne, Johns, Kanner, only.Kelly (l1th), Kelly (16th), Kendrick, Lewis, Lindler, Ma- Senator Beall moved that the rules be further waived andpoles, McKenzie, Parker, Parrish, Price, Rose, Savage, Sharit. Senate Bill No. 650 be-read the third time in full and putWalker, Ward, Westbrook, Whitaker, Wilson-37. upon its passage. -

Nays-None. . .Which was agreed to by a two-thirds vote.So the bill passed, title as stated, and the action of the And Senate Bill No 650 was read the third time in full.

Senate was ordered certified to the House of Representativesimmediately, by waiver of the rule. Upon the passage of the bill the roll was called and the

vote was:By Senator Beall- Yeas-Mr. President; Senators Adams, Beacham, Beall,

Senate Bill No. 649: Black, Clarke, Coulter, Dame, Dugger, Dye, Gillis, Gideons,Graham, Hinely, Hodges, Holland, Homrne, Johns, Kanner,

A bill to be entitled An Act authorizing the City of Pensa- Kelly (l1th), Kelly (16th), Kendrick, Lewis, Lindler, Mapoles,cola, Florida, to construct, build, maintain and operate a McKenzie, Parker; Parrish, Price, Rose, Savage, Sharit, Wal-free public library, a public auditorium, an armory, and a ker, Ward, Westbrook. Whitaker, Wilson-37.community center, or a combination of any two or more such Nays-None. facilities, and any other building dedicated to public use, So the bill passed, title as stated, and the action of theand' authorizing said City to acquire lands for such pur- Senate was ordered certified to the House of Representativesposes; providing that any armory constructed by said City immediately by waiver of the rule.under the provisions of this Act may be conveyed or leasedto the State Armory Board; authorizing said City to levy By Senator Black-taxes for the construction and operation of any such facilities; authorizing said City to issue bonds for the construe- Senate Bill No. 651:tion of any such facilities, and providing the method for A bill to be entitled An Act providing that all Justice of thethe payment of said bonds; declaring the powers and func- Peace Courts in Alachua County, Florida, as.now established,tions granted in this Act to be municipal in character; re- or which may hereafter be established in accordance withpealing all laws in conflict with the provisions of this Act; law, shall have jurisdiction to hear, try,. and determine crimi-and providing for the submission of the question as to nal cases arising within the respective territorial limits ofwhether this Act shall become operative and effective to such Justice of the Peace District, which jurisdiction shall bethe voters of said City at the 1939 general municipal elec- confined to misdemeanors carrying no greater punishmenttion or at a special election to be called for such purpose, upon adjudication of guilt than a fine of $500.00, or imprison-and providing for the canvass of the votes cast upon such ment for six months in the county jail or both, and providingquestion in either event. for the fees of such Justices of the Peace, and the procedure

Which was read the first time by title only. 3. .to be followed in such courts.

Senator Beall moved that the rules be waived and Senate 'The following proof of publication was attached to SenateBill No. 649 be read the Lecond time by title only. Bill No. 651 when it was introduced in- the Senate: -


NOTICE OF INTENTION TO APPLY FOR SPECIAL LAW censing by the Commission of Game and Fresh Water Fish

Notice is hereby given that 30 days after the publication or private game preserves, and prescribing the open seasonhereof, the undersigned will cause to be introduced in the for taking game on such registered licensed private gameLegislature of the State of Florida a local bill providing in preserves.substance that the Justice of the Peace Courts of Alachua Which was read the first time by title only and referred

County, Florida. are to have full trial jurisdiction for offenses to the Committee on Game and Fisheries.against the State of Florida of a criminal nature where theprescribed punishment does not exceed 6 months imprison- By Senator Dye-ment, or fine of $500.00 or both. Senate Bill No. 655:

Dated this 7th day of April, 1939. R. SNOWDEN. A bill to be entitled An Act relating to certain offensesSTATE OF FLORIDA SNOWin connection with female children under the age of eigh-

STALACHUA COUNTY. NO. 302teen years, defining "disorderly person" in relation to such~~~ALACHI~A COUNTY. NO. 302. offenses, and prescribing a penalty therefor.

PERSONALLY CAME BEFORE ME Thomas B. Irving, Pub- Which was read the first time by title only and referredlisher of the High Springs Telegram, a weekly newspaper pub- th Committee on Judiciary "B."lished in the City of High Springs, Alachua County, Florida. ° e ommitee on ry B.and having been published continuously weekly and has been By Senator Dame-entered as second class mail matter at the post office in High nate Bi No 656Springs, Alachua County, Florida, for a period of more than enate Bl No. oa:one year next preceding the date of first insertion of this A bill to be entitled An Act to declare and designate as

notice, who being duly sworn, deposes and says that the adver- the "W. H. Boswell Bridge" a certain bridge on the With-tisement of Notice of Intention to Apply for Special Law in lacoochee River and State Road Number 36.the case of L. R. Snowden, a copy of which is hereunto at- Which was read the first time by title only and referredtached, was duly Published and advertised in the regular to the Committee on Public Roads and Highways.issue of said newspaper once each week consecutively for theperiod of 1 time preceding the ..... . day of ............... .A.D., By Senator Savage-1939, as required by law, to-wit: In the issue dated April Senate Bill No. 657:7th. 1939. 7th. 1939. THOMAS B. IRVING, Publisher A bill to De entitled An Act amending Section 30 of Chap-

Sworn to and subscribed before me this 8th day of April, ter 14764, Laws of Florida. Acts of 1931, entitled "An Actworn to and subscribed before m1939e this 8th ay of Aprl providing for the supervision and regulation of persons, firms,

1939 KATE RYALS, corporations and associations owning, controlling, operating

Notary Public, State of Florida at Large. or managing motor vehicles used in the business of trans-My. commission expires March 3, 1941. porting persons or property for compensation over the pub-

My commission expires March 3, 1941. lic highways of the State; providing for regulations of safetyWhich was read the first time by title only. and proper operation affecting the use of said highways and

Senator Black moved that the rules be waived and Senate the preservation thereof; defining auto transportation com-Bill No. 651 be read the second time by title only. panies and providing supervision and regulation thereof by

Which was agreed to by a two-thirds vote. the Railroad Commission of the State of Florida and pro-

And Senate Bill No. 651 was read the second time by title viding for the enforcement of the provisions of this Act,and for the punishment of violations thereof and imposing

only . a mileage tax and providing for the disposition of the reve-Senator Black moved that the rules be further waived and nue raised by the same; and providing certain exemptions;

Senate Bill No 651 be read the third time in full and put and repealing all Acts inconsistent with the provisions ofupon its passage. this Act," and Acts amendatory thereof; providing that per-

Which was agreed to by a two-thirds vote. sons, firms or corporations operating motor vehicles over

And Senate Bill No. 651 was read the third time in full. and upon State Roads Numbers Seventy-Four (74). Eighty-

Upon the passage of the bill the roll was called and the One (81), Five (5), Nineteen (19), Forty-Five (45). Two

vote was: Hundred Sixty One (261) and Two (2) and the territoriesYoewas-M. Preidet; enaor Adm, Beaha, eal, adjacent to said State Roads within a radius of ten miles

Yeas-M-r. President; Senators Adams, Beacham, Beall, thereof shall be exempted from the provisions of said ActBlack, Clarke, Coulter, Dame, Dugger, Dye, Gillis, Gideons, nd from Commission Jurisdiction and control.Graham, Hinely, Hodges, Holland, Horne, Johns, Kanner,Kelly (11th), Kelly (16th), Kendrick, Lewis, Lindler, Ma- Which was read the first time by title only and referredpoles, McKenzie, Parker, Parrish, Price, Rose, Savage, Sharit, to the Committee on Motor Vehicles.

Walker, Ward, Westbrook, Whitaker, Wilson-37. By Senators Kanner, Kendrick, Price, Parrish, Beacham

Nays-None. and Graham-So the bill passed, title as stated, and the action of the Senate Bill No. 658:

Senate was ordered certified to the House of Representativesimmediately, by waiver of the rule. A bill to be entitled An Act authorizing and empowering

the Board of Commissioners of Florida Inland Navigation

By Senators Parrish and Kelly (16th)- District, a special taxing district under the laws of the StateBy Senate Bill No and 652: - btn ^of Florida, to collect, compile and furnish to the United

State of America, data, statistics and other appropriate in-A bill to be entitled An Act to amend Section 1, Chapter formation as to the advantages, benefits, desirability and

15859 (No. 2), Laws of Florida, Acts of 1933, being An Act usefulness of the further improvement of the intracoastalto fix the annual salaries of certain State officers and em- waterway from Jacksonville to Miami, Florida, by the Unitedployees, and repealing Chapter 15720, Laws of Florida, Acts States: and authorizing and empowering the said Board toof 1931, relating to same subject. acquire and convey to the United States, free of costs any

Which was read the first time by title only and referred lands, easements, rights of way and spoil disposal areas as

to the Committee on Appropriations. may be required by the United States for the purpose of saidimprovement of said waterway, and its subsequent mainten-

By Senator Walker- ance:

Senate Bill No. 653: The following proof of publication was attached -to Senate

A bill to be entitled An Act to grant a pension to Mrs. Bill No. 658 when it was introduced in the Senate:

Vester Culverson of Wakulla County, Florida. NOTICE OF INTENTION TO APPLY FOR SPECIAL

Which was read the first time by title only and referred LEGISLATION.to the Committee on Pensions and Claims. TO WHOM IT MAY CONCERN:

NOTICE IS HEREBY GIVEN of intention of the under-By Senator Walker- signed to apply to the Legislature of the State of Florida atSenate Bill No. 654: its regular session, A. D., 1939, for the passage of the follow-

A bill to be entitled An Act to amend Section 44 of Chap- ing local or special bill and/or law, the substance of which

ter 13644, Laws of Florida, Acts of 1929, relating to fresh is:water fish and game; providing for the registration and li- To authorize and empower the Board of Commissioners of


Florida Inland Navigation District, a Special Taxing District Acts of the Legislature 1931, on the following dates, to wit:under the laws of the State of Florida, to collect, compile April 7, 1939.and furnish to the United States of America data, statistics DON MORRIS.and other appropriate information as to the advantages, Subscribed and sworn to before me this 7th day of April.benefits, desirability and usefulness of the further improve- 1939.ment of the Intracoastal Waterway from Jacksonville to W. H. HENDRY,Miami, Florida, by the United States, and authorizing and Notary Public,empowering the said Board to acquire and so convey to the State of Florida at Large.United States, free of cost any lands, easements, rights-of- My Commission Expires July 6, 1941.way and spoil disposal areas that may be required for the Seal.purpose of said improvement, with a view of providing a Which was read the first time by title only.depth of twelve feet, more or less, at local mean low water, Senator Kanner moved that the rules be waived and Senateand a width appropriate to said depth, and/or such other Bill No. 658 be read the second time by title only.improvement as may be authorized and adopted by theUnited States Congress, and in connection with the subse- Which was agreed to by a two-thirds vote.quent maintenance thereof. And Senate Bill No. 658 was read the second time by title

THOMAS J. PANCOAST, only.On behalf of the Chamber of Commerce of the City of Senator Kanner moved that the rules be further waived

Miami Beach. and Senate Bill No. 658 be read the third time in full and putAUGUST BUROHARD, upon its passage.AUGUST BURGHARD,

On behalf of the Chamber of Commerce of the City of Which was agreed to by a two-thirds vote.Fort Lauderdale. And Senate Bill No. 658 was read the third time in full.

R. L. RAY, Upon the passage of the bill the roll was called and theOn behalf of the Chamber of Commerce of the Town of vote was:

Palm Beach. DA YYeas-Mr, President; Senators Adams, Beacham, Beall,DAN McCARTY, Black. Clarke, Coulter, Dame, Dugger, Dye, Gillis, Gideons,

On behalf of the Chamber of Commerce of the City of Graham, Hinely, Hodges, Holland, Horne, Johns, Kanner,Ft. Pierce. Kelly (11th), Kelly (16th), Kendrick. Lewis, Lindler, Mapoles,

0. L. BURTON, McKenzie, Parker, Parrish, Price, Rose, Savage, Sharit, Wal-On behalf of the Chamber of Commerce of the City of ker, Ward, Westbrook, Whitaker, Wilson-37.

Eau Gallie. Nays-None.OJ. A. BUfRGofMANe' Cit of So the bill passed, title as stated, and the action of the

On behalf of the Chamber of Commerce of the City of Senate was ordered certified to the House of RepresentativesDaytonaJAMES T. DANIELS, immediately, by waiver of the rule.

On behalf of the Chamber of Commerce of the City of By Senator Beacham-Jacksonville. Senate Bill No. 659:

C. D. LEFFLER, A bill to be entitled An Act relating to Napoleon B. BrowardOn behalf of the Chamber of Commerce of the City of Drainage District in Broward County, Florida; to the en-

Miami. forcement of taxes; interest, and penalties thereon imposed byE. P. STUMPF, said District; to the foreclosure of taxes and liens for taxes

On behalf of the Chamber of Commerce of the City of for said District; oroviding for suits in chancery by said Dis-West Palm Beach. trict for the foreclosure and cutting off of the owners' right to

D. H. HUDSON, redeem lands where title has vested in the District; providinga supplemental additional, optional, and alternative method

On behalf of the Chamber of Commerce of the City of of enforcing tax liens due said District by suit in chancery inStuart. rem against said lands; prescribing the practice, pleading, and

FRANK R. JEWETT, procedure in such suits and authorizing the allowance of at-On behalf of the Chamber of Commerce of the City of torneys' fees therein. and providing for lease and sale of lands

Vero Beach. bid in by the district under such sale.J. S. DUSS, JR., The following proof of publication was attached to Senate

On behalf of the Chamber of Commerce of the City of Bill No. 659 when it was introduced in the Senate:New Smyrna Beach.

NwS aBe .CHRISTINE TOLAN, NOTICE OF PROPOSED LEGISLATION-On behalf of the Women's Chamber of Commerce of the NOTICE IS HEREBY GIVEN that a Bill or Proposed Law

City of Flagler Beach. will be introduced at the next session of the Legislature ofJOHN W. DILLIN, the State of Florida relating to Napoleon B. Broward Drainage

On behalf of the Chamber of Commerce of the City of District in Broward County Florida, to the foreclosure ofSt. Augustine. taxes and liens for taxes due said District, providing for thePub. April 7, 1939. foreclosure and cutting off of the owner's right to redeem

lands where title is vested in the District by suits in chanceryTHE PALM BEACH POST in the nature of proceedings in rem, providing a supplemental,

Proof of Publication additional, optional and alternative method of enforcing taxliens due said District by suit in chancery in rem against the

STATE OF FLORIDA ) lands; prescribing the practice, pleading and procedure inCOUNTY OF PALM BEACH) such suits, authorizing the allowance of attorneys' fees therein,

I HEREBY CERTIFY that on this day personally appeared and providing for the lease and sale of lands bid in by saidbefore me, the undersigned Notary Public in and for the State District under such sales.of Florida at Large, Don Morris who upon being by me first W. H. AIRES,duly sworn, deposes and states: That he is Editor of The Secretary Napoleon B. BrowardPalm Beach Post, a newspaper of general circulation pub- raiage District.lished in the City of West Palm Beach, Palm Beach County, March 30.State of Florida; that said newspaper had been, at the timeAFFIDAVIT OF PULIATIOof the first publication of the legal notice, as hereinaftermentioned, continuously published in said County of Palm Now comes J. W. Dickey, who being duly sworn says he isBeach at least once each week for a period of one year next Business Manager of the Ft. Lauderdale Daily News, a news-preceding the date of the said first insertion of such publi- paper published daily at Ft. Lauderdale, in the County ofcation, and had also, during said period been entered as Broward, State of Florida, that the attached notice has beensecond class mailing matter at the United States Post Office published in said newspaper in the issue of March 30. 1939.in the said City of West Palm Beach, State of Florida; that That the said Fort Lauderdale Daily News is a newspapersaid legal notice, a true copy of which is hereunto attached, published in Fort Lauderdale, Broward County, Florida, inwas duly published in the said Palm Beach Post, in all accordance with Senate Bill No. 58, enacted by the Legislaturerespects in accordance with the provisions of Chapter 14,830, of the State of Florida for the year 1931, and approved by

29'S JOURNAL OF ThE SENATE May 9, 1939

the Governor May 20th 1931; that the said Fort Lauderdale McKenzie, Parker, Parrish, Price Rose, Savage, Sharit, Walker,

Daily News is a newspaper which has been continuously pub- Ward, Westbroolk. Whitaker, Wilson-37.lished at least once a week and has been entered as second Nays-None.class mail matter at a post office in Broward County, Florida. So the bill passed, as amended, and was referred to the Com-for a period ol more than one year next preceding the first mittee on Engrossed Bills.insertion of the attached published matter: that the said Fort I o Lauderdale Daily News was a newspaper published at the By Senators Black and Beacham-time of the passage of said Senate Bill No. 58. Senate Bill No. 660:

(Signed' J. W. DICKEY. A bill to be entitled An Act requiring proof of financial

Subscribed and sworn to before me this 30th day of March, responsibility by owners and operators and lien holders of1939. motor vehicles before operating the same, after any accident

(Seal) MARGUERITE K. A*RMBRUST. rescribing the method of furnishing such proof, and to whom,Notary Public. and in what manner furnished, and penalties for violation

My commission expires 5-9-1939. thereof.

STATE OF FLORIDA Which was read the first time by title only and referred toCOUNTY OF BROWARD. the Committee on Insurance.

Which was read the first time by title only.

Senator Beacham moved that the rules be waived and By Senator McKenzie-Senate Bill No. 659 be read the second time by title only. Senate Bill No- 661:

Which was agreed to by a two-thirds vote. A bill to be entitled An Act relating to expenditures and

And Senate Bill No 659 was read the second time by title disbursements of surplus moneys in St. Johns River Bridgeonly. Fund of Putnam County Florida: providing that such surplus

Senator Beacham offered the following amendment to moneys shall be applied to the Road and B idee Fund ofSenate Bill No.acm 659: ed - IIPutnam County. Florida in amounts to be detel mined by the

Senate Bil No. 659or:fBoeTute f unmCuty lna nIn Section 4, line 14, (typewritten bill) strike out the words: Bovalidating a of Bond onfiTr ustees o f P utnam Countds. Floiida and

"fifteen" and insert in lieu thereof the following: "thirty.", validating and confirming use of surplus funds.Sfifteenator Band i mseotvied theredoptionof the follonty. The following proof of publication was attached to SenateSenator Beacham moved the adoption of the amendment. Bill No. 661 wnei. it was introduced in the Senate.Which was agreed to and the amendment was adopted.

Senator Beacham also offered the following amendment NOTICE OF INTENTION TO APPLY FOR SPECIAL

to Senate Bill No. 659: LEGISLATION.

In Section 4, line 17, (typewritten bill) strike out the words: NOTICE IS HEREBY GIVEN, That the Board of Bond"It shall not be necessary in such notice to name any per- Trustees of Putnam County Florida, will apply to the Floridason or describe any parcel of land, but it shall be sufficient Legislature at its 1939 Session for Enactment of a Specialto give notice to whom it may concern that at any time or Local bill relating to expenditures and disbursements of

after the expiration of fifteen days a suit or suits will se surplus moneys in St. Johns River Bridge Fund of Putnamfiled by the district for the foreclosure of tax liens and County. Providing such surplus moneys may be applied torights of redemption as aforesaid, provided, however that the Road and Bridge Fund of said County in amounts tofailure to publish such notice shall not invalidate any such be determined by said Board of Bond Trustees and validatingproceedings or affect the jurisdiction of the Court in any and confirming use of such surplus funds.such pioceedings. Proof of publication of such notice shall C. E. CURRIE,be made as required be general law for legal notices." Chairman, Board of Bond Trustees.and insert the following: Mar. 24-31, April 7-14-21, 1939.

"At least thirty days prior to the filing of any such billin Chancery, written notice of intention to file the same AFFIDAVIT OF PROOF OF PUBLICATIONshall be sent by registered mail to the last known addressof the holder of the record title and to the holder of rec- STATE OF FLORIDA)ord of each mortgage or other lien, except judgment liens. COUNTY OF PUTNAM)upon each tract of land to be included in said bill in Chan- BEFORE ME, the undersigned authority personally came

cery; such notice shall briefly describe the particular lot or H. S. McKenzie, publisher of The Times Herald of Palatka.

parcel of land, shall state the amount of tax certificate Putnam County, Florida, who does solemnly swear that he

and/or special assessment liens sought to be enforced and has knowledge of the matters stated herein; that a notice

shall warn said owner and/or holders of liens, mortgages stating the substance of a contemplated law or proposed bill

or other liens that on or after the day named said bill in relating to expenditures and disbursements of surplus moneys

chancery to enforce the same will be filed, unless paid on in St. Johns River Bridge Fund in Putnam County, Florida,

or before said date. has been published at least 30 days prior to this date by being

Aer tiat s of te attney shaPl be tta otc he printed in the March 24, 31, April 7. 14, 21 issues of TheA certificate of the attorney shall be attached to0 the billTimes Herald, a newspaper published in Putnam County,

of complaint to the effect that said written notice has been Florida, where the matter or thing to be affected by the con-given. and such certificate shall be prima facie evidence thai f te- iated law is situate; that a copy of the notice that hasthe provisions of this Section have been complied with. The acomplainant's counsel shall make diligent inquiry as to the netn published. as aforesaid, and also this affidavit of Proof

address of the record title and holders of record liens other of Publicationed law, arend suattach edopy to the prNotiposed bill or con-than judgments and the Clerk of the Circuit Court shall tefplated law, and such opy of the Notice attached is bay

mail by registered mail a copy of the notice hereinafter reference made a part of this affidavit.mail by registered mail a copy of the notice n.res.aMcKENZIE.,provided for, to such record owner and holders of record H. S. McKENZIE.liens other than judgments at such last known address." SWORN to and subscribed before me this 0SOth day of

Senator Beacham moved the adoption of the amendment. Apil A. D 1939 W. P. BEVIS.

Which was agreed to and the amendment was adopted. Notary Public, State of Florida at Large. (Seal)

Senator Beacham moved that the rules be further waived My commission expires April 15, 1940.and Senate Bill No. 659. as amended, be read the third time Which was read the first time b title only.

Whichin full and put upon its passage two-thirds vote. Senator McKenzie moved that the rules be waived andAndWh ich was agreed to by69 a two-amenthirds vote. Senate Bill No. 661 be read the second time by title only.And Senate Bill N. 65, as amended was read the third Which was agreed to by a two-thirds vote.

tpoi n tl passage of the bill, as amended the roll was called And Senate Bill No. 661 was read the second time by title

and the vote was: ony.Yeas-Mr. President; Senators Adams Beacham, Beall, Senator McKenzie moved that the rules be further waived

Black. Clarke, Coulter, Dame, Dugger. Dye. illis, Gideons, and Senate Bill No. 661 be read the third time in full and put

Graham, Hinely, Hodges, Holland, Homrne. Johns, Kanner, upon its passage.Kelly (lith), Kelly (16th). Kendrick. Lewis, Lindler, Mapoles, Which was agreed to by a two-thirds vote.


And Senate Bill No 661 was read the third time in full. minor or incompetent; providing for an election of remediesUpon the passage of the bill the roll was called and the in case of third party liability; permitting -n assessment ofI dtdhe not more e othan three tper centum upon premiums for purposes

vote was: of administering the Workmen's Compensation Act; and pro-Yeas-Mr. President; Senators Adams, Beacham, Beall, viding foi autopsy in compensation cases; and for disposition

Black, Clarke, Coulter, Dame, Dugger, Dye, Gillis, Gideons, of death benefits to designated parties where no dependentsGraham, Hinely, Hodges, Holland, Homrne, Johns, Kanner, exist; and further to amend such Act by adding thereto certainKelly (11th), Kelly (16th), Kendrick, Lewis, Lindler, Mapoles, sections thereby providing for accident prevention and safetyMcKenzie, Parker, Parrish, Price, Rose, Savage, Sharit, Wal- o' employees in connection with the administration of theker, Ward, Westbrook, Whitaker, Wilson-37. Workmen's Compensation Act by authorizing the Industrial

Nays-None. Commission to make rules relating to safety in places ofSo the bill passed, title as stated, and the action of the employment; requiring employers to maintain safe places of

Senate was ordered certified to the House of Representatives employment; permitting inspectors to see that such safetyimmediately, by waiver of the rule. provisions are observed; providing for appeal from such rules

and for penalties in case of violation thereof; surrending inBy Senator Whitaker- compensation cases on behalf of the State, its boards, bureaus.Senate Bill No 662: departments, and agencies and its subdivisions employing labor

the sovereign's right to freedom from suit and authorizing pro-A bill to be entitled An Act to amend Sections-11, 16, 17 ceedings to collect compensation due employees thereof; pro-

and 26 of Chapter 14764, Laws of Florida, Acts of 1931, viding double Compensation in case of injury to illegallyentitled "An Act providing for the supervision and regula- employed minors; and for other purposes." By amendingtion of persons, firms, corporations and associations own- Sections 2, 12. 13, 16, 27, so as to define the term "appeal";ing, controlling, operating or managing motor vehicles used relating to compensation for disability or death; relating toin the business of transporting persons or property for com- medical service and supplies, and providing for the enforce-pensation over the public highways of the State; providing ment of claims for medical service and supplies: to providefor regulations of safety and proper operation affecting the for the payment of compensation for temporary total disabilityuse of said highways and preservation thereof defining auto in addition to compensation for permanent partial disability;transportation companies and providing supervision and reg- to provide for the review of compensation orders and a methodulation thereof by the Railroad Commission of the State of for taking appeals therefrom.Florida, and providing for the enforcement of the provisions Which was read the first time by title only and referredof this Act for the punishment of violations thereof and to the Committee on Labor and Industry.imposing a mileage tax and providing for the dispositionof the revenues raised by the same; and providing certain By Senators Graham and Holland-exemptions and repealing all Acts inconsistent with the pro- Senate Bill] No. 665:visions of this Act," as amended by Chapter 18026, Laws of A bill to be entitled An At authorizing the State MotorFlorida, Acts of 1937; imposing a maintenance tax on motor A bill to be entitled An Act authorizing the State Motorvehicle oerate by autImosi tansoraioeancmtaniesengaged Vehicle Commissioner and Railroad Commission of the Statevehicles operated by auto transportation companies engaged of Florida to consummate reciprocal agreements with thein the transpo rtation of property and providing for the dis- proper authorities of other states relative to the operation

l Ats'ionc the ievtenues irtsed r o evsi ame;and oPsealing of motor vehicles by non-residents over the highways of thisall Actsminconsistent with the provisions of this Act. State; providing for certain conditions to be included in such

Which was read the first time by title only and referred agreements and certain duties to be performed; and pro-to the Committee on Public Roads and Highways. viding for approval by the Governor and repudiation by the

By Senator McKenzie- Legislature of the State of Florida.Sey na oil No 66i Which was read the first time by title only and referred toSenate Bill No. 663: the Committee on Public Roads and Highways.A bill to be entitled An Act to amend Section 19 of Chap-

ter 18285, Acts of 1911, the same being An Act creating a By Senator Holland-State Welfare Board and District Welfare Boards; provid- Senate Bill No. 666:ing for the supervision of State and local institutions for A bill to be entitled An Act to amend the Charter of thedestitute or dependent children and providing for the dispo- City of Auburndale, Polk County, Florida, relating to andsition, care, protection, support and maintenance of depend- regulating municipa] elections in the City of Auburndale,ent children, and for other purposes. Polk County, Florida; prescribing the qualifications of such

Which was read the first time by title only and referred voters in such elections and providing for the registration ofto the Special Committee appointed by the President pur- such voters; prescribing an oath to be taken by those desiringsuant to Senate Resolution No. 16. to register; providing for the challenging of voters and pre-

scribing an oath for challenged voters; providing for theBy Senator Beall- examination under oath of any person desiring to vote atSenate Bill No. 664: any such election: prescribing the duties of the election offi-

bill to be e d An At to a d C r cers; prescribing the manner of holding elections, countingA bill to be entitled An Act to amend Chapter 17481 Laws the ballots and canvassing the returns of such elections and

of Florida 1935, as amended by Chapter 18413 Laws of Florida recounting the ballots used therein; and authorizing ordinances1937, being "An Act to provide for and adopt a comprehensive prohibiting the making falsely of any oath or statementWorkmen's Compensation Law for the State of Florida: to under oath provided for by this Act and prohibiting the votingprovide compensation thereunder for disability or death re- in any such election of any person not qualified to. vote thereinsulting from an injury arising out of and in the course of and providing penalties for the violation of such ordinancesemployment: limiting, regulating, and prohibiting resort to and making each provision hereof an independent provision.certain common law causes of action and/or defenses in cases p pbctn w ac t Sfalling within the purview of this Act; imposing certain duties The follow.ing proof of publcation was attn hed to Sen-and exactions upon employers and/or employees falling within ate Bill No. 666 when it was introduced in the Senatethe scope of this law; defining the employments subject here- (First Published in the Auburndale Journal April 7, 1939)to and delimiting the application of this Act as applied to 417-14-21-28;515-5teother employments and setting up an agency of the State for NOTICE OF APPLICATION FOR AMENDMENTS TO CHAR-the administration hereof; creating the Florida Industrial TER OF CITY OF AUBURNDALE, POLK COUNTY,Commission and providing for the appointment of three (3) FLORIDA.members on said Commission and providing for the appoint-ment of said Commission, consisting of the chairman and Notice is hereby given that the City of Auburndale, Polktwo (2) other members; fixing their compensation and pre- County, Florida, will apply according to Law to the Legisla-scribing their duties, redefining the employments subject to ture of the State of Florida, during its regular 1939 sessionthe Workmen's Compensation Law; providing for a waiting for passage of certain amendments to Chapter 10301, Spe-period of four days and for the non-payment of compensation cial Acts of 1925, being the Charter Act of said City, andduring such period; providing for rules and regulations per- amendments to be substantially as follows:mitting two or more employers to join together in qualifyingas self-assured; making certain changes with respect to death AMENDMENT NUMBER 1.benefits; permitting the Commission to designate in the awards Section 1. To provide that only those persons who at thea person to whom compensation is payable in the case of a time of registration and at the time of voting:


(a) Are citizens of the United States and have resided next general election, the Mayor shall thereafter be elected

in the State of Florida for twelve (12) months and in the for a term of two (2) years instead of for one (1) year.City of Auburndale for six (6) months; DATED at Auburndale, Florida, this April 6th, 1939.

(b) Are at least twenty-one (21) years of age; CITY OF AUBU RNDALE,

(c) Either are and have been for six months the record y jas . Anderson,owners of a freehold interest (having an assessed value of By as. A. Anderson,at least Twenty-five ($25.00) Dollars on the last tax assess- J WIL NES ment roll of said city) in real estate situated within said city ATTEST . EY JOrkor have been engaged for six (6) months in a business, trade, Cty Ceror profession in said city for which an occupational license (City)is required by said city and have paid the occupational li- (Seal)cense tax required by said city for the current year; AFFIDAVIT OF PUBLICATION

AUBURNDALE JOURNAL(d) Have duly registered upon the registration books of S E FLORIDA)

said city at least ten (10) days before any such election, STATE OF DAshall be qualified to vote in any election held in and by said COUNTY OF POLK

On this day personally appeared before me M. J. Lee, toSection 2. Shall provide for the keeping of the registra- me well known, who, being by me first duly sworn, deposes

tion books by the City Clerk and when same shall be kept and says, that he is publisher of the Auburndale Journal, aopen. newspaper of general circulation published in the City of

Section 3. Shall provide for the registration of voters Auburndale, County of Polk, State of Florida;and prescribe the oath to be taken by those desiring to regis- That the notice hereto attached ofter, and the manner of taking said oath. Notice of Application for Amendments to Charter of City

Section 4. Shall provide for the checking of the Regis- of Auburndale, Floridatration Books by the City Council and the method of elimi- was published in said newspaper once each week for 5 con-

nation of the names of those persons not entitled to be reg- secutive weekly issues, on the following dates, viz:istered. April 7, 14, 21, 28 1939, May 5. 1939.

Section 5. Shall provide for the furnishing of a poll list making 5 publications as required by law;by the City Clerk to the.poll holders. That said newspaper at the time of said publication had

Section 6. Shall provide for the challenging of voters and been continuously published at least once a week and hadprescribe an oath for challenged voters to make. been entered as second class matter at the post office in

Auburndale, Polk County, Florida, where published, for aSection 7. Shall provide for the appointment of the Clerk period of more than one year next preceding the first inser-

and Inspectors of the election, their qualifications and duties. tion of said notice, as required by Laws of Florida, Acts of

Section 8. Shall provide for the presence of a police officer 1931, approved May 20, 1931, and known as Senate Bill No. 58.

at the polls. Signed M. J. LEE, Publisher.Sworn to and subscribed before me this May 5, 1939.

Section 9. Shall provide for the counting of the ballots (Seal) H. E. SMOAK,by the Inspectors and their report to the City Council, and Notary Public, State of Florida at large.the canvassing of the returns of such election. My Commission expires Feb. 2, 1942.

Section 10. Shall provide for the oath to be taken by Which was read the first time by title only.the Clerk and Inspectors. Senator Holland moved that the rules be waived and Senate

Section 11. Shall provide for the checking of voters and Bill No. 666 be read the second time by title only.the keeping of a poll list by the Clerk of the election. Which was agreed to by a two-thirds vote.

Section 12. Shall provide for the canvassing of the re- And Senate Bill No. 666 was read the second time by titleturns of the election. make the City Council a canvassing only.board, and provide for the recounting of the ballots on re- Senator Holland moved that the rules be further waivedquest of defeated candidates. and Senate Bill No. 666 be read the third time in full and put

Section 13. Shall provide for the issuance of Certificates upon its passage.of Election by the City Clerk to successful candidates. Which was agreed to by a two-thirds vote.

Section 14. Shall provide for the printing of the official And Senate Bill No. 666 was read the third time in full.

ballot at least five (5) days before the election and provide Upon the passage of the bill the roll was called and thewhat the ballot shall contain; provide for declination of vote was:nomination by candidates and for substitute nominations m Yeas-Mr. President; Senators Adams, Beacham, Beallplace of such candidates. Black, Clarke, Coulter, Dame, Dugger, Dye, Gillis, Gideons,

Sections 15 and 16. Shall provide the form and contents Graham, Hinely, Hodges, Holland, Home, Johns, Kanner,of the official ballot. Kelly (11th) Kelly (16th), Kendrick, Lewis, Lindler, Mapoles.

McKenzie. Parker, Parrish, Price, Rose, Savage, Sharit, Wal-Section 17. Shall provide for special election in case of ker, Ward, Westbrook. Whitaker, Wilson-37.

a tie vote. ~~~~~a ti t ~~~e vote.Nays-None.Section 18. Shall place City under Laws of State gov- So the bill passed, title as stated, and the action of the

*erning State and County elections except when otherwise Senate was ordered certified to the House of Representativesprovided for by this Act or the Charter or Ordinances of immediately, by waiver of the rule.said City.

Section 19. Shall authorize Ordinances prohibiting the By Senator Holland-making falsely of any oath or statement under oath pro- Senate Bill No. 667:vided for by this Act, and prohibiting the voting in any such A bill to be entitled An Act amending Section 25 of Chap-election of any person not qualified to vote therein, and ter 10301, Laws of Florida, Special Acts of 1925, and chang-providing penalties for the violation of such Ordinances. ing the term of office of the mayor of the City of Auburn-

Section 20. Shall make each Provision of this Act an in- dale, Polk County, Florida, from one (1) year to two (2)dependent Provision years.

Section 21: Shall repeal all Laws in conflict herewith. The following proof of publication was attached to SenateBill No. 667 when it was introduced in the Senate:

Section 22. Shall provide at what time Act shall become (First Published in the Auburndale Journal April 7, 1939)effective. 417-14-21-28:515-5tc

NOTICE OF APPLICATION FOR AMENDMENTS TOAMENDMENT NUMBER 11. CHARTER OF CITY OF AUBURNDALE, POLKThis Amendment shall provide that beginning with the COUNTY, FLORIDA.

May 9,1939 JOURNAL OF TIHE SENATE 301

Notice is hereby given that the City of Auburndale, Polk AMENDMENT NUMBER II.County, Florida, will apply according to Law to the Legisla- This Amendment shall provide that beginning with thelature of the State of Florida, during its regular 1939 ses- next general election, the Mayor shall thereafter be electedsion for passage of certain amendments to Chapter 10301, for a term of two (2) years instead of for one (1) year.Special Acts of 1925, being the Charter Act of said City, said DATED at Auburndale, Florida, this April 6th, 1939.amendments to be substantially as follows: CITY OF AUBURNDALE

AMENDMENT NUMBER 1. POLK COUNTY FLORIDA,Section 1. To provide that only those persons who at By Jas. A Anderson

the time of registration and at the time of voting: Mayor.(a) Are citizens of the United States and have resided in ATTEST: J. WILEY JONES,

the State of Florida for twelve (12) months and in the City City Clerk.of Auburndale for six (6) months; (City)

(b) Are at least twenty-one (21) years of age; (Seal).(c) Either are and have been for six months the record AFFIDAVIT OF PUBLICATION

owners of a freehold interest (having an assessed value of Auburndale Journalat least Twenty-five ($25.00) Dollars on the last tax assess-ment roll of said city) in real estate situated within said city STATE OF FLORIDA)or have been engaged for six (6) months in a business, tradeP ) ss:or profession in said city for which an occupational license COUNTY OF POLK is required by said city and have paid the occupational On this day personally appeared before me M. J. Lee,license tax required by said city for the current year; to me well known, who, being by me first duly sworn, deposes

(d) Have duly registered upon the registration books of and says, that he is publisher of the Auburndale Journal, asaid city at least ten (10) days before any such election newspaper of general circulation published in the City ofshall be qualified to vote in any election held in and by said Auburndale, County of Polk, State of Florida;city That the notice hereto attached of Notice -f Application

Section 2. Shall provide for the keeping of the registration for Amendments to Charter of City of Auburndale, Floridabooks by the City Clerk and when same shall be kept open. was published in said newspaper once each week for 5 con-secutive weekly issues, on the following dates, viz: April 7.

Section 3. Shall provide for the registration of voters and 14 21 28, 1939 May 5 1939, making 5 publications as re-prescribe the oath to be taken by those desiring to register, quired by lawand the manner of taking said oath. That said newspaper at the time of said publication had

Section 4. Shall provide for the checking of the Registra- been continuously published at least once a week and hadtion Books by the City Council and the method of elimma- been entered as second class matter at the post office intion of the names of those persons not entitled to be regis- Auburndale, Polk County, Florida, where published, for atered. period of more than one year next preceding the first inser-

Section 5. Shall provide for the furnishing of a poll list tion of said notice, as required by Laws of Florida, Acts of! by the City Clerk to the poll holders. 1931, approved May 20, 1931, and known as Senate Bill No.

+' ~ Section 6. Shall provide for the challenging of voters and 58.I prescribe an oath for challenged voters to make. Signed M. J. LEE,

i* Section 7. Shall provide for the appointment of the ClerkPublisher.i and inspectors of the election, their qualifications and duties. Sworn to and subscribed before me this May 5, 1939.

i* Section 8. Shall provide for the presence of a police offi- H. E. SMOAK,cer at the polls. Notary Publi(Seal).

Section 9. Shall provide for the counting of the ballots Notary Public, State of Florida at Large. (Seal).by the Inspectors and their report to the City Council, and the canvassing of the returns of such election. My commission expires Feb. 2, 1942.

' ~ Section 10. Shall provide for the oath to be taken by Which was read the first time by title only.the Clerk and Inspectors. Senator Holland moved that the rules be waived and Senate

: Section 11. Shall provide for the checking of voters and Bill No. 667 be read the second time by title only.I the keeping of a poll list by the Clerk of the election. Which was agreed to by a two-thirds vote.

* Section 12. Shall provide for the canvassing of the returns And Senate Bill No. 667 was read the second time by titleof the election, make the City Council a canvassing board, only-and provide for the recounting of the ballots on request of Senator Holland moved that the rules be further waiveddefeated candidates. and Senate Bill No. 667 be read the third time in full and put

Section 13. Shall provide for the issuance of Certificates upon its passage.of Election by the City Clerk to successful candidates. Which was agreed to by a two-thirds vote.

Section 14. Shall provide for the printing of the official And Senate Bill No. 667 was read the third time in full.ballot at least five (5) days before the election and pro- Upon the passage of the bill the roll was called and thevide what the ballot shall contain; provide for declination vote was:of nomination by candidates and for substitute nominations Yeas-Mr. President; Senators Adams, Beacham, Beall,in place of such candidates. Black, Clarke. Coulter, Dame, Dugger, Dye, Gillis, Gideons,

Sections 15 and 16. Shall provide the form and contents Graham, Hinely, Hodges, Holland, Homrne, Johns, Kanner,of the official ballot. Kelly (11th), Kelly (16th), Kendrick, Lewis, -indler, Mapoles.

Section 17. Shall provide for special election in case of a McKenzie, Parker, Parrish, Price, Rose, Savage, Sharit,tie vote. Walker, Ward, Westbrook, Whitaker, Wilson-37.

Section 18. Shall place City under Laws of State govern- Nays-None.ing State and County elections except when otherwise pro- So the bill passed title as stated, and the action of thevided for by this Act or the Charter or Ordinances of said Senate was ordered certified to the House of RepresentativesCity. immediately. by waiver of the rule.

Section 19. Shall authorize Ordinances prohibiting themaking falsely of any oath or statement under oath pro- By Senators Holland and Parrish-vided for by this Act, and prohibiting the voting in any Senate Bill No. 668:such election of any person not qualified to vote therein, and t or vehicles usedproviding penalties for the violation of such Ordinances. A bill to be entitled An Act; to exempt motor vehicles usedproviding penalties for the violation of such Ordinancesexclusively in the transportation of agricultural and/or hor-

Section 20. Shall make each provision of this Act an in- ticultural products from necessity of procuring for hire licensedependent provision. and tags and to exempt such vehicles when so used from

Section 21. Shall repeal all Laws in conflict herewith jurisdiction and control of the State Railroad Commission.Section 22. Shall provide at what time Act shall be- Which was read the first time by title only and referred

come effective. to the Committee on Motor Vehicles.


By Senator Beall- NOTICE OF INTENTION TO APPLY TO THE FLORIDASenate Bill No 669: LEGISLATURE OF 1939 FOR THE PASSAGE OF

~~~Senate Blll No 669: ~A SPECIAL OR LOCAL LAW.A bill to be entitled An Act to amend Section 19 of Chapter

10,096 Laws of Florida, Acts of 1925, the same being entitled Notice is hereby given that the Board of Supervisors of"An Act relating to corporations," so as to provide that any The Lake Worth Draage District, a corporation undertrustee or trustees in any voting trust shall not have the right, the general drainage laws of florida, existing wholly in Palmas such trustee, to vote said stock held by him for the purpose Beach County, florida, and having ts principal place ofof either increasing or reducing the capital stock of such cor- business at West Palm Beach, Florida, intend to apply to theporation, unless such right is expressly conferred in said Florida Legislature of 1939 for the passage of a special orvoting trust agreement, and providing that until all holders local law relating to said The Lake Worth Drainage District,of stock ot the class or classes transferred to the voting trust and the substance and substantial text of the contemplatedhave joined therein and become a party thereto, such voting law which said Board of Supervisors will ask to be intro-trust shall remair in choate and be revocable by the parties duced in and passed by said Florida Legislature are aspreviously joining therein. follows:

Which was read the first time by title only and referred to A BILL TO BE ENTITLED:the Committee on Judiciary "B." An Act relating to the Lake Worth Drainage District, a

corporation under the General Drainage Laws, existing inBy Senator Beall- Palm' Beach County, Florida; authorizing said the Lake

Senate Bill No. 670: Worth Drainage District to maintain water levels within thedistrict and to install and operate pumps and pumping sta-

A bill to be entitled An Act to amend Section 19 of Chapter tions and to assess the land in the district benefitted by10,096 Laws of Florida, Acts of 1925, the same being entitled the maintenance of said water levels and installation and"An Act relating to corporation," so as to provide that any operation of said pumps and pumping stations not to ex-trustee or trustees in any voting trust shall not have the ceed seventy five cents per acre per annum to defray theright. as such trustee or trustees, to vote said stock held by cost and expense of maintaining of said water levels andsuch trustee or trustees for the purpose of either increasing installing and operating said pumps and pumping stations;or reducing the capital stock of such corporation, unless and empowering the Board of Supervisors of the districtsuch right is expressly conferred in said voting trust agree- to determine the lands benefitted and the amounts of suchment. benefits; and giving said the Lake Worth Drainage dis-

Which was read the first time by title only and referred trict a lien on the land assessed as security equal in dignityto the Committee on Judiciary "B." to the lien for State and County taxes and providing for

the enforcement of said lien; and making it unlawful toBy Senator Whitaker- interfere with the water levels maintained by the said dis-

Senate Bill No. 671: trict or with any of its pumps or pumping stations or withany of its dams, flood gates or water controls or to pump

A bill to be entitled An Act providing for the inspection of or drain any water from the canals of said district withoutsteam boilers and their-appurtenances; and the licensing of its consent.engineers and firemen; regulating the operation thereof; mak- BE IT ENACTED BY THE LEGISLATURE OF THE STATEing certain exceptions: the employment or qualification of O FLORIDAboiler inspectors, engineers and firemen; providing for apenalty for the violation of this Act, and appropriating of Section 1. That The Lake Worth Drainage District, asufficient sum to operate the two divisions covered by this corporation under the general drainage laws of Florida, ex-Act, for the enforcement of the provisions hereof of boiler isting in Palm Beach County, Florida, be and it is herebyinspection and the licensing of engineers and firemen. permitted and authorized to maintain and control water

Which s as read the first time by title only and referred levels within The Lake Worth Drainage District and to in-

dams, flood gates and such other works within said Districtwhich it deems necessary in order to keep, maintain and

By Senator Wh taker- control said water levels.Section 2. That in order to defray the cost of maintain-

A bill to be entitled An Act relating to the practice of ing and controlling said water levels, and installing, oper-Osteopathy; to authorize certain persons to practice osteopathy ating and maintaining said pumps, pumping stations, dams,and to authorize and direct the State Board of Osteopathic flood gates and other works which it deems necessary toMedical Examiners to issue to certain persons licenses to maintain and control said water levels, said The Lake Worthpractice osteopathy in the State of Florida. Drainage District is hereby authorized and permitted to

Which was read the first time by title only and referred assess the land in the District benefitted by the maintenanceto the Committee on Public Health. and control of such water levels and the installation, opera-

tion and maintenance of said pumps, pumping stations,

By Senator Beacham- dams, flood gates and other works not to exceed Seventy-Senate Bllow proo. 673 f pubcfive Cents (.75) per acre per annum. The Board of Super-

Senate Bill No. 673: visors are hereby empowered to determine the lands bene-A bill to be entitled An Act relating to the Lake Worth fitted byv the maintenance and control of such water levels

Drainage District, a corporation under the General Drainage and installation, operation and maintenance of said pumps,Laws, existing in Palm Beach County, Florida; authorizing pumping stations, dams, flood gates and other works, andthe said Lake Worth Drainage District to maintain water the total amount of the benefits and also the proportionatelevels within the District and to install and operate pumps part of the benefits to be assessed against each piece of landand pumping stations and to assess the land in the District so found to be benefitted, and they shall assess each piecebenefited by the maintenance of said water levels and instal- of land benefitted its proportionate part of such total bene-lation and operation of said pumps and pumping stations not fits at the same time and in the same manner as otherto exceed seventy five cents per acre per annum to defray the assessments made by the said The Lake Worth Drainagecost and expenses of maintaining of said water levels and District on lands within its boundaries, and said assessmentsinstalling and operating said pumps and pumping stations; shall be made on the basis of proportionate benefits not toand empowering the Board of Supervisors of the District to exceed but may be as much as Seventy-five Cents (.75c)determine the lands benefited and the amounts of such bene- per acre or less on each piece of land benefitted, dependingfits: and giving said the Lake Worth Drainage District a lien upon the amount of the benefits as determined by said Board.on the land assessed as security equal in dignity to the lien Section 3. All funds collected from assessments leviedfor State and County taxes, and providing for the enforce- under and pursuant to the provisions of this Act shall bement of said lien; and making it unlawful to interfere with set up and kept in a separate and distinct fund and shallthe water levels maintained by the said District or with any be used only for the purpose of defraying the cost and ex-of its pumps or pumping stations or with any if its dams, pense of -maintaining and controlling said water levels, andflood gates or water controls or to pump or drain any water installing, operating-and maintaining said pumps, pumpingfrom the canals of said District without its consent. stations, dams, flood gates and other works and furnishing

lne following proof of publication was attached to, Sen- water to the area assessed. and shall be used for no otherate Bill No. 673 when it was introduced in the Senate: purpose.


Section 4. That said The Lake Worth Drainage District Which was read the first time by title onlyfrom the date of the assessment of said lands under and pur- Senatoi Beacham moved that the rules be waived andsuant to the provisions of this Act shall have a lien therefor Senate Bill No. 673 be read the second time by title only.on the land assessed, which lien shall be of equal dignity Which was agreed to by a two-thirds vote.with the lien for State and County taxes, and shall be en- e

| forced by foreclosure in the same manner that the said And Senate Bill No. 673 was read the second time by titleThe Lake Worth Drainage District enforces and forecloses only.its other drainage tax liens. Senator Beacham moved that the rules be further waived

Section 5. When the Board of Supervisors of the District and Senate Bill No. 673 be read the third time in full andhave fixed and determined the lands benefitted by the main- put upon its passage.tenance and control of such water levels and installation, Which was agreed to by a two-thirds vote.operation and maintenance of said pumps, pumping stations, And Senate Bill No. 673 was read the third time in fulldams, flood gates and other works, and the total amount of the Upon the passage of the bill the roll was called and thebenefits and also the proportionate part of the benefit so vote was: c and ebe assessed against each piece of land so found to be bene- Yeas-Mr. President; Senators Adams, Beacham, Bea,fitted, they shall publish a notice in some newspaper pub- Black Clarke, Coulter Dame Dugger Dye, Gillis, Gideons.lished in Palm Beach County. Florida, once a week for two Graham Hinely. Hodges, Holland, HorDye, Johns, Kanneronsconsecutive weeks, stating a time when and a place where Kelly (1th), Kelly (16th), Kendrick, Lewis,' LJndler, Maponnlesthey will hear complaints as to the proposed assessments, McKenzie, Parker, Parrish, Price Rose Savage, Sharit, Walker,and said notice shall contain a description of the land to be Ward, Westbrook, Whitaker Wiison---37 ' aassessed and the proportionate assessment to be made againsteach piece of land. and as far as its known the names of Nays-None.the owners of the land to be assessed, but a mistake in SO the bill passed, title as stated, and the action of thenaming the owner of the land shall not invalidate the no- Senate was ordered certified to the House of Representativestice or assessment which follows unless the owner has been immediately, by waiver of the rule.purposely misnamed with intent to deceive. The Board ofSupervisors of the District at the time and place named in By Senator Beacham-said notice shall hear complaints of the land owners as to Senate Bill No. 674:the proposed assessments, if any, and if they are of the A bill to be entitled An Act prohibiting the change in loca-opinion that any objection is well taken and should be sus- tion of or the abandonment of any part or section of thattained, they shall revise the proposed assessments accord- portion of State Road No. 140 lying in Palm Beach Countyingly, otherwise said proposed assessments shall stand as the same being known as the Ocean Boulevard in Palm Beachoriginally determined. County, without first submitting the question to the qualified

Section 6. The assessment authorized and provided for electors of said County for them to determine by a majorityby this Act shall be separate and distinct from and in addi- vote whether or not the location of any part or section of thattion to the maintenance tax already provided by law. portion of Stale Road No 140 lying in Palm Beach County

A ~ Section 7. It shall be unlawful for any person to inter- the same being known as the Ocean Boulevard in Palm Beachfere with the water levels maintained and controlled by the County, shall be changed or abandoned; providing for thesaid The Lake Worth Drainage District pursuant to the calling and holding of an election in such case and providing

* provisions of this Act, or with any of its pumps or pumping penalties for the violation of said Act; providing for a referen-stations, or with any of its dams, flood gates, water controls dum herein; repealing all laws in conflict herewithor other works installed or used by said District to main- Which was read the first time by title only.tain and control such water levels, or to pump or drain any Senator Beacham moved that the rules be waived andwater from any of the canals of said District without spe- Senate Bill No. 674 be read the second time by title only.cial permit from said District, and any person violating the Which was agreed to by a two-thirds vote . yprovisions hereof shall be deemed guilty of misdemeanor AB was ra t eo tm and shall be punished accordingly. And Senate Bill No. 674 was read the second time by title

1{ ~ Section 8. If any section, paragraph or clause or provis- onyion of this Act shall be held unconstitutional, the remain- Senator Beacham moved that the rules be further waiveding provisions hereof shall nevertheless stand and be and and Senate Bill No. 674 be read the third time in full andremain of full force and effect. put upon its passage.

Section 9. This Act shall take effect immediately upon Which was agreed to by a two-thirds vote.its becoming a law. And Senate Bill No. 674 was read the third time in fullPub.: March 18, 1939. Upon the passage of the bill the roll was called and the

THE PALM BEACH POST vote was:PROOF OF PUBLICATION Yeas-Mr. President: Senators Adams, Beacham, Beall,

STATE OF FLORIDA )Black Clarke, Couller. Dame. Dugger, Dye, Gillis, Gideons,COUNTY OP PALM BEACH) Graham, Hinely, Hodges. Holland, one, Johns Kanner

I HEREBY CERTIFY that on this day personally appeared Kelly (lth), Kelly (16th), Kendrick, Lewis Lindler' a oles,before me, the undersigned Notary Public in and for the McKenzie, Parker, Parrish, Price, Rose, Savage, Sharit Walker,

* - State of Florida at Large, Don Morris, who upon being by Ward, Westbrook, Whitaker, Wilson-3 7 ' , a eme first duly sworn, deposes and states: That he is Editor Nays-Noneof The Palm Beach Post, a newspaper of general circulation N oeb. d, til asso, t coeP ublished in the City of West Palm Beach, Palm Beach Coun- So the bil passed, title as stated, and the action of thety, State of Florida; that said newspaper had been, at the time Senate was ordered certified to the House of Representativesof the first publication of the legal notice, as hereinafter immediately, by waiver of the rule.mentioned, continuously published in said County of Palm By Senator Beacham-Beach at least once each week for a period of one year Senate Bill No. 675:next preceding the date of the first insertion of such pub- enae o.lication, and had also, during said period, been entered as A bill to be entitled An Act for the relief of James A

! second class mailing matter at the United States Post Office Henderson, and authorizing the State Road Department toin the said City of West Palm Beach, State of Florida; that pay the said James A. Henderson for injuries sustained bysaid legal notice, a true copy of which is hereunto attached, him while assisting one of its employees in the perform ancewas duly published in the said Palm Beach Post, in all re- of his duties.spects in accordance with the provisions of Chapter 14,830, Which was read the first time by title only and referred tActs of the Legislature 1931, on the following dates, to-wit: the Committee on Pensions and Claims. erre March 18. 1939.if~~~ S~~~'DON MORRIS. By Senator Mapoles-

's ~ Subscribed and sworn to before me this 18th day of March, Senate Bill No. 676:1939.

'I*~~~~ ~W. A. HENDRY, A bill to be entitled An Act to create a s- 'stem for the\^~~~ ~~Notary Public, State of Florida at Large. administration of adult parole; authorizing and regulating

My Commission Expires July 6, 1941. the use of parole; establishing a state commission of parole;(Seal) conferring and defining its jurisdiction, powers and duties;

i.


providing for the method of selection or employment of 'ts of the State, who shall be appointed by the Governor for amembers; regulating the selection or employment of mem- term of five years by and with the consent of the Senate andbers and employees, removal and discharge of its employees; who shall be a resident of the District from which he is ap-regulating the compensation of members of the commission pointed at the time of his appointment and continuouslyand of employees thereof; making violations of certain pro- thereafter during the time that he serves as Commissionervisions of this Act misdemeanors and providing punishment from said District; provided that members of the statutorytherefor; defining parole and making provisions therefor, Commission who are in office when this amendment shall be-authorizing supervision and defining violation thereof; and come effective shall continue as Commissioners hereunder forfor other related purposes; making appropriation for opera- the remainder of the respective terms for which they weretion of this Act; effective date of Act, and to repeal all laws appointed. Each Commissioner appointed thereafter shall beand parts of laws inconsistent with this Act, appointed for a term of five years respectively. Should a

Commissioner remove his residence from his respective Dis-Which was read the first time by title only and referred trict during the term for which he was appointed, the office

to the Special Committee appointed by the President pur- of Commissioner from said District becomes vacant. Anysuant to Senate Resolution No. 16. vacancy so occurring on said Commission or caused by sus-

pension of a member of said Commission or otherwise, shallBy Senator Gideons- be fillet within sixty days of its occurrence by appointmentSenate Bill No. 677: made by the Governor subject to approval of the Senate

A bill to be entitled An Act to provide for and adopt a com- when it is next in session. Organization, operation andprehensive insurance plan for compensation insurance intphestate lra ptolnprfovride compensation thereundesre fonr Water Fish, compensation and reimbursement of its membersdisability or death resulting from an injury arising out of fo ens cred n d aand in the course of employment; providing for an insurance to snal be as prescrbedby law.fund and method of collecting premiums for the said fund; Any member of the Commission of Game and Fresh Waterproviding for the administration by the Florida Industrial Fish may be suspended or removed from office on groundsCommission and prescribing certain duties for the state rating for suspension or removal cited in Section 15 of Article IV of

bureau, and for other purposes repealing all laws in con- the Constitution of the State of Florida. Charges preferredbureau, and for other purposes; repealing all sal sflict herewith, and prescribing the effective date of this shall be written, sustained by competent evidence and heard~~~~~~Act.f~~~~ ~by the Governor, the Attorney-General and any three of the

Act.-~~~~~~~~~~~ _,. . . ., „other Administrative Officers of the State named by theWhich was read the first time by title only and referred to Governor, who shall come together for said hearing on the

the Committee on Insurance. Governor's call and provided that the Commissioner againstwhom said charges are preferred shall be permitted to be

By Senator Wilson- present and to submit evidence to refute the same. ShouldSenate Bill No. 678: the majority of those sitting under this Amendment deem

A bi t ntit An A t siat and ish r- circumstance and evidence submitted warrant suspension fromtabill to be entitled An Act to designate and establ cer office they shall recommend such action, and the Governor

tamn roads in Gadsden county as State roads. shall suspend said Commissioner from office, and shall imme-Which was read the first time by title only and referred to diately notify him of the action taken; and shall report the

the Committee on Public Roads and Highways. same to the Senate when it next convenes, for its approval.Should the Senate approve the Governor shall remove that

By Senator Westbrook- Commissioner from office.Senate Bill No. 679: All revenues accruing to the State from the operation ofA bill to be entitled An Act imposing a tax of seven cents those laws administered by the Commission of Game and

(7c) per gallon upon any liquid fuel of any kind or character Fresh Water Fish shall be placed in the State Game Fund,not already taxed by the State of Florida when such fuel is hereby established, and shall be expended for the conserva-used in any combustion engine to propel a vehicle over the tion and restoration of wild life in Florida aforementioned,streets and highways in the State of Florida; providing for and for no other purpose.reports of such sales to the Comptroller of the State of Which was read the first time by title only and referred toFlorida; providing for the disposition of moneys derived from the Committee on Constitutional Amendments.such taxes and fixing the penalty for the violation of any ofthe provisions of this Act; and providing further that it is the By Senator Lewis-intent of the Legislature to tax any liquid fuel of any kind or Senate Bill No. 681:character not already taxed by the State of Florida for thesale of gasoline or other like products of petroleum. A bill to be entitled An Act for the relief of T. Bernard

Which was read the first time by title only and referred Bishop and J. M. Marshburn from all liability as suretiesto the Committee on Finance and Taxation. upon an appearance bond of Joe James, in the county judge's

court of Jackson County, Florida.By Senator Rose- Which was read the first time by title only and referred toSenate Joint Resolution No. 680: the Committee on Pensions and Claims.A Joint Resolution proposing an amendment to Article IV

of the Constitution of the State of Florida relative to the By Senator Westbrook-Executive Department. to be numbered Section 30 of said Senate Bill No. 682:Article IV, creating a Commission of Game and Fresh Water A bill to be entitled An Act declaring an emergency to beFish, prescribing its functions and authority and establishing existing in the citrus industry in the State of Florida, anda State Game Fund, reducing the taxes levied for advertising purposes on grape-

BE IT RESOLVED BY THE LEGISLATURE OF THE fruit and tangerines for the two year period ending on JuneSTATE OF FLORIDA: 30, 1941; and exempting express shipments from the pay-

That the following amendment to Article IV of the Con- ment of any tax on citrus fruit during such period.stitution of the State of Florida, relative to the Executive Which was read the first time by title only and referred toDepartment, to be numbered Section 30 of said Article IV, be, the Committee on Citrus Fruit.and the same is, hereby agreed to and shall be submitted tothe electors of the State on the first Tuesday after the first By Senators Dye and Mapoles-Monday in November, 1940. for their ratification or rejection, y enator yea Mapoles-to-wit: Senate Bill No. 683:

SECTION 30. The administrative control and regulation A bill to be entitled An Act appropriating three cents (3c)of the taking, utilization, possession and management of all of the gasoline tax collected from gasoline used in fishinggame and non-game birds, mammals. fresh-water fish, amphi- boats in this State which formerly was allocated to the Statebians and reptiles and of all land and waters physical proper- Road Department to the State Board of Conservation; re-ties and equipment owned, used, leased or hereafter acquired quiring wholesale and retail dealers of gasoline to make aby the State foi the conservation and restoration of said wild report to the Comptroller every thirty (30) days of thelife in Florida as prescribed by law, are vested in a Corn- amount of gasoline sold by them which was used in fishingmission of Game and Fresh Water Fish, which shall be corn- boats; providing penalties for the violation of this Act; andprised of one Commissioner from each Congressional District repealing all laws in conflict herewith.


Which was read the first time by title only and referred to bill of complaint in Chancery to quiet the title to real estate,the Committee on Finance and Taxation. and to preclude a wife or heirs from claiming her inchoate

dower or other interest in real estate conveyed by a husbandBy Senator Dye- as a single man, where the said lusband and wife have -iotSenate Bill No. 684: lived and cohabited together as husband and wife for a

A bill to be entitled An At to amend Setions 1, 13 and 19 period of thirty years, and during the said period of timeof Chapter 10177, Laws of Florida of 1925, entitled "An Act the said husband has conveyed real estate as a single man,of Chapter 10177, Laws of Florida of 1925, which"An Actsd rome othehands o nnto license and regulate the business of making loans in cer- which sad real estate has come to the hands of innocenttain counties in sums of three hundred ($300) dollars or less purchasers for a valuable consideration without notice tosecured or unsecured, at a greater rate of interest than ten the said purchasers that the said husband is married orper centum per annum; prescribing the rate of interest and ever was marrledcharge therefor, and penalties for the violation thereof, and Was taken up and read the second time in full.regulating the assignment of wages or salaries, earned or to Senator Whitaker moved that the rules be waived andbe earned when given as security for any such loan," making Senate Bill No. 621 be read the third time in full and putsaid statute of state-wide application, and available to all upon its passage.banks, state or national, and adding a new section relative Which was agreed to by a two-thirds vote.to salary and wage buying where the consideration is lessthan three hundred ($300) dollars, making such transactions And Senate Bll No. 621 was read the thlrd time n fullloans. Upon the passage of the bill the roll was called and the

Which was read the first time by title only and referred to vote was:the Committee on Banking and Building and Loans. Yeas-Mr. President; Senators Adams, Beall, Black, Clarke,

Coulter, Dame, Dugger, Dye, Gillis, Gideons, Graham, Hodges,By Senator Gideons- Holland, Horne, Johns, Kanner, Kelly (llth), Kendrick, Lewis,

.Senate Bill No. 685: cLindler, Mapoles, McKenzie, Price, Savage, Sharit, Westbrook,Senate Bill No. 685:Whitaker-28.

A bill to be entitled An Act designating the time in which Nays-Nonea fence shall be erected and built as a prerequisite to the So the bill passed title as sted and the action of thetaking effect of an election declaring a closed range ter- Senate was ordered certified to the House of Representativesritory. immediately, by waiver of the rule.

Which was read the first time by title only and referred to Senator Hodges moved that the rules be waived and thethe Committee on Agriculture and Livestock. Senate do now take up and consider Senate Bill No. 339, out

By Senator Johns (By Request)- of its order.Senate Bill No. 686: Which was agreed to by a two-thirds vote.

A bill to be entitled An Act providing penalty for persons Senate Bill No. 339:making and filing for recordation instruments concerning in-terest in real estate when person making and recording same A bill to be entitled An Act prohibiting the courts of thisdoes not have purported interest in said property evidenced State from entering final judgments or decrees in cases whereby said instrument, legal advertisements or publications have been necessary or

Which wasread the first time by title only and refe rred to employed therein, until proof of the payment for the publica-Which was read the rst time by title only and referred to ion of the same shall be furnished such courts; permitting

the Committee on Internal Affairs. newspapers to withhold proofs of publication of official no-tices and legal advertisement until the charge therefor is

By Senator Johns- paid and providing that the filing thereof shall be proof thatSenate Bill No. 687: the charge therefor has been paid in full.

A bill to be entitled An Act to prescribe the commissions Was taken up.and fixing the compensation of the county assessor of taxes Senator Hodges moved that the rules be waived and Senateand the county tax collector in counties having a total popu- Bill No. 339 be read the second time by title only.lation of not less than 8800 and not more than 8845, accord- Which was agreed to by a two-thirds vote.ing to the state census of 1935. And Senate Bill No. 339 was read the second time by title

Which was read the first time by title only. only.Senator Johns moved that the rules be waived and Senate Senator Hodges moved that the rules be further waived

Bill No. 687 be read the second time by title only. and Senate Bill No. 339 be read the third time in full and putWhich was agreed to by a two-thirds vote. upon its passage.And Senate Bill No. 687 was read the second time by title Which was agreed to by a two-thirds vote.

only. And Senate Bill No. 339 was read the third time in full.Senator Johns moved that the rules be further waived and Upon the passage of the bill the roll was called and the

Senate Bill No. 687 be read the third time in full and put vote was:upon its passage. Yeas-Mr. President; Senators Adams, Beacham, Beall,

Which was agreed to by a two-thirds vote. Black, Clarke, Coulter, Dame, Dugger, Dye, Gillis, Gideons,And Senate Bill No. 687 was read the third time in full. Graham, Hodges, Holland, Horne, Johns, Kanner, Kelly (llth),Upon the passage of the bill the roll was called and the Kelly (16th), Kendrick, Lewis, Lindler, Mapoles, McKenzie,

vote was: Parker, Parrish, Price, Savage, Sharit, Walker, Ward, West-

Yeas-Mr. President; Senators Adams, Beacham, Beall,Black, Clarke, Coulter, Dame, Dugger, Dye, Gillis, Gideons, She Epassed, title as stated, and the action of theGraham, Hinely, Hodges, Holland, Horme, Johns, Kanner, ente was orpered rtified to the Housnf RpresentativesKelly (llth), Kelly (16th), Kendrick, Lewis, Lindler, Mapoles,Senate was ordered certified to the House of Representatives.

McKenzie, Parker, Parrish, Price, Rose, Savage, Sharit, Wal- Senator Hodges moved that the rules be waived and theker, Ward, Westbrook, Whitaker, Wilson-37. Senate do now take up and consider Senate Bill No. 189, out

Nays-None. of its orderSo the bill passed, title as stated, and the action of the Which was agreed to by a two-thirds vote.

Senate was ordered certified to the House of Representativesimmediately, by waiver of the rule. Senate Bill No. 189:

Senator Whitaker moved that the rules be waived and A bill to be entitled An Act establishing uniform affidavitsthe Senate do now take up and consider Senate Bill No. for proof of publication of all official public notices or legal621, out of its order. advertisements published in newspapers in the State of Florida.

Which was agreed to by a two-thirds vote. Was taken up.Senator Hodges moved that the rules be waived and Senate

Senate Bill No. 621: Bill No. 189 be read the second time by title only.A bill to be entitled An Act to allow the bringing of a Which was agreed to by a two-thirds vote.


And Senate Bill No. 189 was read the second time by title Senate do now take up and consider Senate Bill No. 218,

only. out of its order.

Senator Hodges moved that the rules be further waived and Which was agreed to by a two-thirds vote.

Senate Bill No 189 be read the third time in full and put Senate Bill No. 218:upon its passage.upon its passagrdo at hdve. A bill to be entitled An Act requiring companies and cor-

Which was agreed to by a two-thirds vote. porations doing an insurance business under the sick and

And Senate Bill No. 189 was read the third time in full. funeral benefit laws, to set aside and maintain for the pro-

Upon the passage of the bill the roll was called and the tection of policies issued after the passage of this Act, the

vote was: same reserve required of life insurance companies for the

Yeas-Mr. President; Senators Adams, Beacham, Beall, protection .of similar policies, and requiring said companies

Black, Clarke, Dame, Dugger, Dye, Gillis, Gideons. Graham and corporations to set aside and maintain reserve at the

Hodges, Holland, Johns, Kanner, Kelly (11th), Kelly (16th), rate of not less than twenty per cent per year until full

Kendrick, Lewis, Lindler, Mapoles, McKenzie, Parker, Par- reserve is set aside to protect policies which are in force

rish, Price, Rose, Sharit, Walker, Ward, Westbrook, Wil- at the time this Act takes effect and providing for annual

son-32. valuation of policies by Insurance Commissioner.

Nays-None. Was taken up.

So the bill passed, title as stated, and the action of the Senator Dugger moved that the rules be waived and Senate

Senate was ordered certified to the House of Representatives Bill No. 218 be read the second time by title only.Which was agreed to by a two-thirds vote.

Senator Adams moved that the rules be waived and theSenate do now take up and consider Senate Bill No. 97, And Senate Bll No. 218 was read the second time by title

out of its order. only.Whic wais oreedtryato-hrsvt.Senator Dugger moved that the rules be further waived

Which was agreed to by a two-thirds vote. and Senate Bill No. 218 be read the third time in full and

Senate Bill No. 97: put upon its passage.

A bill to be entitled An Act relating to the compensation Which was agreed to by a two-thirds vote.

of the Clerk of the Supreme Court of Florida, the fees re- And Senate Bill No. 218 was read the third time in full.

quired to be collected by him, and to provide for their dispo- Upon the passage of the bill the roll was called and the

sition. vote was:

Was taken up and read the second time in full. Yeas-Mr. President, Senators Adams, Beacham, Beall,

Senator Adams moved that the rules be waived and Sen- Coulter, Dame, Dugger, Dye, Gillis, Gideons, Graham, Hol-

ate Bill No. 97 be read the third time in full and put upon land, Johns, Kanner, Kelly (11th), Kelly (16th), Kendrick.

its passage. Lewis, Lindler, Mapoles, McKenzie, Parker, Price, Rose, Sharit.

Which was agreed to by a two-thirds vote. Walker, Ward, Whitaker, Wilson-29.

And Senate Bill No. 97 was read the third time in full. Nays-None.Upon the passage of the bill the roll was called and the So the bill passed, title as stated, and the action of the

vote was: Senate was ordered certified to the House of Representatives.

Yeas-Mr. President: Senators Adams, Beacham, Beall, Senator Dugger moved that the rules be waived and the

Black, Clarke, Coulter, Dame, Dugger, Dye, Gillis, Gideons, Senate do now take up and consider Senate Bill No. 219,

Graham, Hinely, Hodges, Holland, Homrne, Johns, Kanner, out of its order.Kelly (11th), Kelly (16th), Kendrick, Lewis, Lindler, Ma- Which was agreed to by a two-thirds vote.

poles, McKenzie, Parker, Parrish, Price, Rose, Walker, Ward, Senate Bill No. 219:

Whitaker, Wilson-34. A bill to be entitled An Act defining companies andNays-None. corporations engaged in the business of issuing life or an-So the bill passed, title as stated, and the action of the nunity contracts, including combined life, health and acci-

Senate was ordered certified to the House of Representatives. dent contracts, which hold reserves for the fulfillment ofits contracts of more than fifty per centum of its total

Senator Dugger moved that the rules be waived and the reserve fund or such other reserve as may be requiredSenate do now take up and consider Senate Bill No. 214, under any law or regulation of the United States of America

out of its order. now or hereafter in force to be life insurance companies.Which was agreed to by a two-thirds vote. Was taken up.

Senate Bill No. 214: Senator Dugger moved that the rules be waived and Sen-

A bill to be entitled An Act permitting companies and cor- ate Bill No. 219 be read the second time by title only.

porations authorized and qualified to do an insurance busi- Which was agreed to by a two-thirds vote.

ness under the laws relating to sick and funeral benefit in- And Senate Bill No. 219 was read the second time by titlesurance who have paid up capital of fifty thousand ($50,- only.000.00) dollars to issue or assume on any one life or risk, Senator Dugger moved that the rules be further waivedpolicies, contracts or agreements, wherein the death bene- and Senate Bill No. 219 be read the third time in full and putfits may equal but not exceed five hundred ($500.00) dollars, upon its passage.

Was taken up and read the second time in full. Which was agreed to by a two-thirds vote.

Senator Dugger moved that the rules be waived and Sen- And Senate Bill No. 219 was read the third time in full.ate Bill No. 214 be read the third time in full and put upon Upon the passage of the bill the roll was called and theits passage. vote was:

Which was agreed to by a two-thirds vote. Yeas-Mr. President; Senators Adams, Beall, Clarke, Coul-

And Senate Bill No. 214 was read the third time in full. ter, Dame, Dugger, Dye, Gillis, Gideons, Graham, Hodges.

Upon the passage of the bill the roll was called and the Holland, Johns, Kanner, Kelly (llth), Kelly (16th), Ken-

vote was: drick, Lewis, Lindler, Mapoles, McKenzie, Parker, Price, Rose,

Yeas-Mr. President; Senators Adams, Beacham, Beall, Sharit, Walker. Ward, Westbrook, Whitaker, Wilson-31.

Coulter, Dame, Dugger, Dye, Gillis, Gideons, Graham, Hinely, Nays-None.Hodges, Holland, Home, Johns, Kanner, Kelly (llth), Kelly So the bill passed title as stated, and the action of the(16th), Kendrick, Lewis, Lindler, Mapoles, McKenzie, Par- Senate was ordered certified to the House of Representatives.ker, Price, Rose, Sharit, Walker, Ward, Whitaker, Wil- Senator Parker moved that the rules be waived and theson-32. Senate do now take up and consider Senate Bill No. 366, out

Nays-None. of its order.

So the bill passed, title as stated, and the action of the Which was agreed to by a two-thirds vote.Senate was ordered certified to the House of Representatives. Senate Bill No. 336:

Senator Dugger moved that the rules be waived and the A bill to be entitled An Act to require the State Board of


Veterinary Examiners to issue without examination the licenses trol, the use of soaps, oils, waxes, gases, gas forming materials,provided for in Chapter 10289, Laws of Florida, Acts of 1925, and other similar compositions and the component partsas amended by Chapter 13891, Laws of Florida, Acts of 1929, thereof, on or in the processing of citrus fruits, and fixing pen-to persons who nave been veterinary practitioners for five alties for the violation thereof.years prior to June 8, 1925. Very respectfully,

Was taken up. BEN H. FUQUA,Senator Parker moved that the rules be waived and Senate Chief Clerk House of Representatives.

Bill No. 336 be read the second time by title only. And Senate Bills Nos. 163 and 165, contained in the aboveWhich was agreed to by a two-thirds vote. message, were referred to the Committee on Enrolled Bills.

And Senate Bill No. 336 was read the second time by title The following Message from the House of Representativesonly. was received and read:

Senator Parker moved that the rules be further waived Tallahassee, Florida,and Senate Bill No. 336 be read the third time in full and put May 9, 1939.upon its passage. Hon J. Turner Butler,

Which was agreed to by a two-thirds vote. President of the SenatesAnd Senate Bill No. 336 was read the third time in full. Sir:I am directed by the House of Representatives to informUpon the passage of the bill the roll was called and the the Senate that the House of Representatives has passed

vote was: with amendments:Yeas-Mr. President; Senators Adams, Beall, Black, Clarke,

Coulter, Dame, Dugger, Dye, Gillis, Gideons, Graham, Holland, By Senators Holland and Parrish-Kanner, Kelly (11th), Kelly (16th), Kendrick, Lindler, Ma- Senate Bill No. 168:poles, McKenzie, Parker, Parrish, Price, Rose, Sharit, Walker, A bill to be entitled An Act relating to the purchase,Ward, Whitaker, Wilson-29. handling, sale and accounting of sales of citrus fruit grown in

Nays-None. the State of Florida; to prevent fraud and deception therein;So the bill passed, title as stated, and the action of the to provide for the licensing and bonding of citrus fruit deal-

Senate was ordered certified to the House of Representatives. ers; to prescribe certain powers and duties of the CitrusCommission and the Commissioner of Agriculture of the

Senator McKenzie moved that the rules be waived and the State of Florida in the administration and enforcement ofSenate de now take up and consider Messages from the House this Act; and to prescribe penalties for the violations of theof Representatives, out of their order. provisions of this Act; and providing certain exceptions from

Which was agreed to by a two-thirds vote. the provisions of this Act.

MESSAGES FROM THE HOUSE OF REPRESENTATIVES Which amendment reads as follows:The following Message from the House of Representatives At the end of Section 15A, Senate Engrossed Bill No. 168,

insert as part of said Section an additional paragraph aswas received and readTaaha lorida follows: "Nothing in this section shall be interpreted to

nMay 9, 1939: allow any kind of purchasing or handling of citrus fruitHo. JM T9urner Butler, . by any dealer who has therefore been under bond and li-

President of the Senate scense and whose license nas been duly revoked under theprovisions of this Act. Any cash buyer desiring to operate

$ir: *under the terms of this exception without furnishing bondI am directed by the House of Representatives to inform and securing license hereunder must first secure a written

the Senate that the House of Representatives has recalled permit so to do from the Commission which permit shall befrom the Committee on Enrolled Bills, reconsidered, and issued to him as a matter of right upon his filing with saidindefinitely postponed: Commission his written application therefor. Such written

By Messrs. Turner and Versaggi of St. Johns- permit may be revoked by the Commission for the sameHouse Bill No. 826: reasons and by the same procedure that a license may be

revoked by the Commissioner hereunder. In addition toA bill to be entitled An Act to amend Section 182 of the procuring said written permit such cash buyer operating

Charter of the City of St. Augustine (being Chapter 11148, under said permit is likewise required hereby to file with saidLaws of Florida, Acts of 1925, and Acts amendatory thereof) Commission or its agents or any citrus fruit inspector of theas amended by Section 77 of Chapter 14375, Laws of Florida, Commissioner, within twenty-four hours after its execution,Acts of 1929, relating to the making of contracts by said City a duplicate copy of each bill of sale which is given underwith individuals, companies, or corporations for furnishing the terms of this exception.electric power and energy; and repealing all laws or parts of And respectfully requests the concurrence of the Senatelaws in conflict therewith.therein

Very respectfully,t Very respectfullyiBEN H. FUQUA, BEN H. 'ulQUA,

Chief Clerk House of Representatives. Chief Clerk House of Representatives.The following Message from the House of Representatives And Senate Bill No. 168, contained in the above message,

was received and read: was read by title together with the House Amendment thereto.Tallahassee, Florida, Senator Holland moved that the Senate do concur in the

May 9, 1939. House Amendment to Senate Bill No. 168.on.J.Turn~er Bu~tl~er, atWhich was agreed to and the Senate concurred in thePresident of the Senate, House Amendment to Senate Bill No. 168.

I am directed by the House of Representatives to inform And Senate Bill No. 168, as amended, was referred tothe Senate that the House of Representatives has passed: the C ommittee on Engrossed Bills, and the action of the

Senate was ordered certified to the House of Representatives.By Senators Holland and Parrish- The following Message from the House of RepresentativesSenate Bill No. 163: was received and read:A bill to be entitled An Act to prohibit the canning in the Tallahassee, Florida,

State of Florida of citrus fruit that is unwholesome or de- May 9, 1939.composed so that it is unfit for canning purposes; and pro- Hon. J. Turner Butler,viding the powers and duties of the Florida Citrus Commis- President of the Senate.sion with reference thereto; providing for the enforcement Sir:of this Act and penalties for the violation thereof. I am directed by the House of Representatives to inform

Also- the Senate that the House of Representatives has passed-By Senators Holland and Parrish- By Senator Beall-Senate Bill No. 165: Senate Bill No. 338:A bill to be entitled An Act to provide for, regulate and con- A bill to be entitled An Act providing that whenever any


authorized State, County or Municipal officer or agency, an- Florida Citrus Commission in connection with the process-nually, for two or more consecutive years receives the ten- ing, packing and marketing of Citrus Fruit; providing fordered taxes for and issues and delivers license or licenses for the promulgation by said Commission of regulations toplaces of business or stores, no such officer or agency shall regulate and control methods and practices used in thethereafter prohibit the operation of such places of busi- preparation and processing of Citrus Fruit for market;ness or stores thereunder, nor issue or enforce any war- providing for the application of other provisions of lawrants against the licensee or others, for any additional license to rules and regulations promulgated hereunder; provid-taxes for such places of business for the periods covered ing penalties for the violation of this Act and rules andby such licenses so issued; and providing no action shall regulations promulgated hereunder; and providing theexist or proceeding be had or taken for any such additional manner in which the provisions of this Act shall be con-taxes for such places for such license periods. strued.

Also- Very respectfully,BEN H. FUQUA,By the Committee on Citrus Fruit- Chief Clerk House of Representatives.

Senate Bill No. 412: And Senate Bills Nos. 169, 170, 181 and Committee Sub-A bill to be entitled An Act to prescribe the duties of the stitute for Senate Bill No. 194, contained in the above mes-

Florida Citrus Commission with reference to transportation sage, were referred to the Committee on Enrolled Bills.problems affecting the Florida citrus industry and trans- The following Message from the House of Representativesportation rates and charges on Florida citrus fruits; to was received and read:prescribe the duties of the Florida Citrus Commission with Tallahassee, Florida,reference to the study of standards, quality, grade and Taahassee, Florida,maturity of Florida citrus fruits and the cause and effect Hon. J. Turner Butler,thereof; to prescribe for expenditures from the Orange Ad- President of the Senatevertising Fund, the Grapefruit Advertising Fund and the Sir Tangerine Advertising Fund for protecting the Florida cit- I am directed by the House of Representatives to informrus industry in obtaining and enjoying just, reasonable and the Senate that the House of Representatives has passed:otherwise lawful transportation rates and charges; and toconduct the study of standards of quality, grade and ma- By Senator Beall-turity of Florida citrus fruits and the cause and effect there- Senate Bill No. 4:of.

Very respectfully, A bill to be entitled An Act to provide for the service ofBEN H. FUQUA, process on the directors of dissolved corporations as trustees

Chief Clerk House of Representatives. of such dissolved corporations.And Senate Bills Nos. 338 and 412, contained in the above Also-

message, were referred to the Committee on Enrolled Bills. By Senator Dame-The following Message from the House of Representatives Senate Bill No. 72:

was received and read: A bin to be entitled An Act relating to the functions andTallahassee, Florida, duties of the State Bureau of Vital Statistics, and providing

Hon. J. Turner Butler, May 9, 1939. for the entry in the records of said Bureau of judgments.President of the Senateand decrees relating to the paternity or providing for the

,President of the Senate. adoption of persons whose birth shall have been previouslyregistered in said Bureau, and authorizing the State Registrar

I am directed by the House of Representatives to inform of Vital Statistics to seal records in certain cases, to file newthe Senate that the House of Representatives has passed- and substituted certificates of birth in cases of legitimization

By Senators Holland and Parrish- lor adoption, and to issue copies thereof, and certificates re-lating thereto.

Senate Bill No. 169:A bill to be entitled An Act to provide for, regulate, and Also-

control, the artificial coloring of certain citrus fruits by the By Senators Hodges and Parrish-addition of artificial color to the peel thereof, and fixing Senate Bill No. 102:penalties for the violation thereof. A bill to be entitled An Act to Amend Chapter 12,650,

Also- General Laws of Florida, approved June 6, 1937, entitled"An Act to prevent the introduction into and dissemination

By Senators Holland and Parrish- within the State of Florida of contagious and infectiousSenate Bill No. 170: diseases of honey bees; providing for the eradication of beeA bill to be entitled An Act to prohibit the sale or offer- diseases; authorizing the State Plant Board of Florida to

ing for sale, the transportation, and the preparation, receipt make rules and regulations for carrying out the provisionsor delivery for transportation or market of any citrus fruit of this Act and prescribing a penalty for violations"; tothat is immature or otherwise unfit for human consumption' provide for certification of freedom from infectious diseasesto provide for the enforcement thereof; and to provide penal- of honey bees shipped or moved into this State when in wireties for the violation thereof. cages and when without combs or honey, and for other

purposes.Also-By Senators Holland and Parrish-AloBySenate Bill Nolland 181 and ParrBy Senators Holland and Parrish-

Senate Bill No. 181: Senate Bill No. 164:A bill to be entitled An Act relating to Citrus fruit dam-

aged by freezing; providing for the determination of the ex- A bil to be entitled An Act to prohibit canning of anycitrus fruit that is immature or otherwise unfit for canningtent of damage occurring to Citrus fruit from freezing term- cltrus rut that s re or otherwise unfit for canningperatures; prescribing conditions under which Citrus fruit purposes; t provide for the enforcement thereof; and to prodamaged by freezing shall be deemed unfit for human con-s for the violation thereofsumption; providing for issuance of rules and regulations Very respectfully,by the Florida Citrus Commission under the provisions of BEN H. FUQUA,this Act; providing for an embargo on Citrus fruit under Chief Clerk House of Representatives.certain conditions; and providing penalties for violation of And Senate Bills Nos, 4, 72, 102 and 164, contained in thethe provisions of this Act. above message, were referred to the Committee on Enrolled

Bills.Also-Committee Substitute for Senate Bill No. 194: The following Message from the House of Representatives

was received and read:A bill to be entitled An Act providing for and prescrib-Tallahassee Floridaing certain additional powers, duties and authority of the May 5, 1939.May 5, 1939.


Hon. J. Turner Butler, the Laws of Florida, Acts of 1937, the same being An ActPresident of the Senate. fixing the time of holding the regular terms of Circuit

Sir: Court of the Fifth Judicial Circuit of Florida, composed ofI am directed by the House of Representatives to inform Lake, Marion, Citrus, Hernando and Sumter Counties.

the Senate that the House of Representatives has indefinitely Very respectfully,postponed. BEN H. FUQUA,Chief Clerk House of Representatives.

By Senator Beacham- And Senate Bills Nos. 167, 324 and 328, contained in theSenate Bill No. 60: above message, were referred to the Committee on Enrolled

A bill to be entitled An Act to promote public morals byabolishing the right of action to recover sums of money as The fellowing Message from the House of Representativesdamages for the alienation of affection, and breach of was received and read:contract to marry, limiting the time within which such pres- Tallahassee, Florida.ent existing causes of action must be commenced, making May 5, 1939.it unlawful to prosecute or threaten to prosecute such causes Hon. J. Turner Butler,of action, declaring all contracts hereafter executed in pay- President of the Senate.ment, satisfaction, settlement or compromise of any cause Sir:of action abolished by this Act to be void as against public I am directed by the House of Representatives to informpolicy, and declaring the public policy of the State and pre- the Senate that the House of Representatives has passed:scribing the penalty of the violation of this Act.

Very respectfully, By Messrs. Finch and Pickels of Jackson-BEN H. FUQUA, House Bill No. 71:

Chief Clerk House of Representatives.A bill to be entitled An Act to provide that in all Appeals

The following Message from the House of Representatives and Writs of Error taken to the Supreme Court of Floridawas received and read: from any lower courts, the appellees, or any one of them, and

Tallahassee, Florida, the defendants in error or any one of them, shall have theMay 5, 1939. right to file cross assignments of error and have reviewed by

Hon. J. Turner Butler, the Supreme Court all rulings, orders, judgments and decreesPresident of the Senate. adversely affecting such appellee or defendant in error, in-

Sir: cluding orders requiring a plaintiff or plaintiffs to enter aI am directed by the House of Representatives to inform remittitur to his or their judgment as an alternative to the

Senate that the House of Representatives has passed by the granting of a new trial, and conferring upon the SupremeConstitutional two-thirds vote of all members elected to the Court to the power to award judgment or relief to the partyHouse of Representatives for the 1939 Session of the Legis- or parties filing such cross assignment of errors.lature- And respectfully requests the concurrence -of the Senate

therein.By Senator Black- Very respectfully,Senate Bill No. 182: BEN H. FUQUA,A bill to be entitled An Act granting and providing for the Chief Clerk House of Representatives.

payment of compensation to James S. Dunning for injuries And House Bill No. 71, contained in the above message,received while in the performance of his duties for the State was read the first timmittee on Jdiciand referred to theof Florida. Committee on Judiciary "C."

Very respectfully, The following Message from the House of RepresentativesBEN H. FUQUA, was received and read:

Chief Clerk House of Representatives. Tallahassee, Florida,And Senate Bill No. 182, contained in the above message, May 9, 1939.

was referred to the Committee on Enrolled Bills. Hon. J. Turner Butler,The following Message from the House of Representatives President of the Senate.

was received and read: Sir:Tallahassee, Florida, I am directed by the House of Representatives to inform

May 5, 1939. the Senate that the House of Representatives has passed-Hon. J. Turner Butler,

President of the Senate. By Mr. Butt of Brevard-Sir: House Bill No. 23:

I am directed by the House of Representatives to informthe Senate that the House of Representatives has passed- A bill to be entitled An Act to fix the annual salaries of the~the Snaetht hHus fepeenatvsaspssd official Court Reporters of the State of Florida.

By Senators Holland and Parrish-Senate Bill No. 167: Also-

A bill to be entitled An Act to define farm vehicles and By Messrs. Cooley and Robinson of Lake-farm trailers operated in connection therewith; to provide House Bill No. 336:that such farm vehicles and farm trailers shall be exempt A bill to be entitled An Act relating to citrus fruit, andfrom the requirement of registration and the purchase of regulating and prohibiting, upon certain conditions, the ship-tags under the motor vehicle laws of this State, when such ment of all citrus fruit, that will grade number three, whenfarm vehicles and/or trailers are operated on farms, groves United States standard for citrus fruit, promulgated by theand orchards and in going to or from headquarters to such United States Department of Agriculture, Bureau of Agri-farms, groves and orchards. cultural Economics, is applied, and providing means for en-

Also- forcement of such act, and penalty for violation thereof.By the Committee on Judiciary "C"- Also-Senate Bill No. 324: Committee Substitute for House Bill No. 340:A bill to be entitled An Act fixing the salary of the Presi- A bill to be entitled An Act relating to the marketings,

dent of the Senate or of the Speaker of the House of Rep- processing, handling, and distributing of citrus fruit grownresentatives when the powers and duties of Governor shall in the State of Florida, and providing for the regulationdevolve upon such officer, as provided In Section 19 of of handlers, processors, distributors, producers and others,Article 4 of the Constitution. and establishing standards in relation to such regulation:

Also- providing for hearings on and the issuance, administra-By Senators Dame, Savage, Gideons and Westbrook- tion and enforcement of marketing agreements and market-Senate Bill No. 328: ing orders in connection with the regulation aforesaid;

prescribing the powers, duties and jurisdiction of the Com-A bill to be entitled An Act to amend Chapter 17,765, of missioner of Agriculture of the State of Florida in rela-


tion thereto and prescribing remedies, rights, duties and And House Bill No. 336, contained in the above message,penalties with the respect to violations of this Act or any was read the first time by title only.marketing order promulgated thereunder, and providing for Senator Rose moved that House Bill No. 336 be placed onassessments to be levied and collected by the Commissioner the Calendar of Bills on second reading without reference.of Agriculture of the State of Florida to pay the expenses Senator Parrish moved as a substitute motion that Houseincurred in the formulation, issuance, administration and Bill No. 336 be referred to the Committee on Citrus Fruit.enforcement of such marketing orders. The question was put on the substitute motion made by

Also- Senator Parrish.By Mr. Christie of Duval- Which was not agreed to.

House Bill No. 1031: The question recurred on the motion made by SenatorRose to place House Bill No. 336 on the Calendar of Bills

A bill to be entitled An Act to amend Chapter 9278, Laws on second reading without reference.of Florida, Acts of 1923, as amended by Chapter 17086, Laws Which was agreed to and it was so ordered.of Florida, Acts of 1935. relating to the voluntary resigna- And Committee Substitute for House Bill No. 340, containedtion and retirement of Justices of the Supreme Court under And Committee Substitute for House Bill No. 340, containedtion and retirement of Justices of the Supreme Court under i t a message, was read the fast time by title onlycertain conditions with pay. and referred to the Committee on Citrus Fruit.

And respectfully requests the concurrence of the Senatetherein. And House Bill No. 1031, contained in the above message.

-*en ^Very respectfully, was read the first time by title only and referred to theBEN H. FUQUA, Committee on Judiciary "C".

Chief Clerk House of Representatives. Senator Mapoles moved that the Senate do now adjourn.

And House Bill No. 23, contained in the above message, Which was agreed to.was read the first time by title only and referred to the And the Senate stood adjourned at 5:29 o'clock, P. M., un-Committee on Judiciary "C". til 2:00 o'clock, P. M., Wednesday, May 10, 1939.

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