JOURNAL OF THE SENATE

Friday, April 18, 1941

The Senate convened at 11:00 o'clock A. M., pursuant to making an appropriation therefor, and repealing Chapter

adjournment on Thursday, April 17, 1941. 19006, Laws of Florida, Act of 1939, and repealing all laws in

The President in the Chair. conflict herewithThe roll was called and the following Senators answered Senate Bill No 134:

to their names: A bill to be entitled An Act to making an appropriation for

Mr. President; Senators Adams (25th), Adams (30th), Beall., the maintenance of the Juda P. Benjamin Memorial in Mana-Butler, Clark, Cliett, Collins, Cooley, -Drummond, Dye, Folks tee County, Florida and compensation of the custodian.Gideons Graham, Hinely, Horne, Housholder, Johnson, Kan- And Senate Bills Nos. 52 and 134, contained in the abovener, Kelly, King, Lewis, Lindler, Maddox, Maines, McKenzie, report, were placed on the Calendar of Bills on second reading.Parker, Perdue, Price, Shands, Shepherd, Shuler, Smith, Tay- Senate Chamber, April 16th, 1941.lor, Ward, Whitaker, Wilson-37. Senator Adams, Chairman of the Committee on Agriculture

A quorum present. and Livestock, reported that the Committee had carefully con-Prayer by the Chaplain. sidered the following bill and recommends that the same pass:

The reading of the Journal was dispensed- with. Senate Bill No. 52:The Journal of Thursday, April 17, 1941, was corrected as A' bill to be entitled An Act to provide for the purchase,

follows:- . distribution and administration of Anti-Hog Cholera Serum

On page 6. column 1, in line 30 from the top, between the ana Hog Cholera Virus by the State Live Stock Sanitary Board;

words "Senator" and "Hinely" insert the words "Adams (30th) Making an appropriation. therefor; and repealing Chapterand" - - -19006, Laws of Florida, Acts of 1939, and repealing all laws

And as corrected was approved. in conflict herewith.And Senate Bill No. 52, contained in the above report, was

ision today. , placed on the Calendar of Bills on second reading.Senator Cliett, Chairman of the Committee on Cities and

REPORTS OF COMMITTEES Towns, submitted the following report:Senator Kanner, Chairman of the Committee on Constitu- Senate Chamber .

tional Amendments, submitted the following report: Tallahassee, Fla., April 17th, 1941.Senate Chamber Hon. John R. Beacham,

Tallahassee, Fla., April 17, 1941. President of the Senate.Hon. John R. Beacham, ,Sir :

President of the Senate.Sir: - Your Committee on Cities and Towns, to whom was referred:

Your Committee on Constitutional Amendments, to whom Senate Bill No. 26:was referred: A bill to be entitled An Act to require all public officials c

Joint Resolution No. 88, proposing an amendment to the now or hereafter required to post Fidelity or Performance t

Constitution of the State of Florida to be known as Section bonds to post bonds written by surety companies authorized a3 of Article XVII relating to amendments. to do business in Florida, and providing that such officials o.

of Article XV, relating to amendments.shall not be qualified until such bonds are filed, and provid- Have had the same under consideration and recommend ing for payment of premiums thereon.

that the same' pass, with the following amendments: ing for payment of premiums thereon. a;that the same pass, Have had the same under consideration and recommend a:

Amendment No. 1: In line two of Section 3, strike out the tat had the under consideration and recommend aword "two-thirds" and in lieu thereof insert the words "three- ame pass. Afourths," - .And Senate Bill No. 26, contained in the above report, to- v

Amendment No. 2: In line eight of Section 3, strike out gether with Committee Amendments thereto, wa6 placed on ei

the words "two-thirds" and in lieu thereof insert the words the Calendar of Bills on second rti"three-fourths." April 18th, 1941. di

Amendment No. 3: In line thirteen of Section 3, strike out Folks, Chairman of the Committee County Or- the words "thirty nor more than sixty" and in lieu thereof Senator Folks Chairman of the Comm ittee Oh County Or- oIinsert the words "ninety nor more than one hundred eighty." ganizations, reported that the Committee had carefully con-. insidered the following bills and recommends that the same

And Senate Joint Resolution No. 88, contained in the above pass. erreport, together with Committee Amendments thereto, was deplaced on the Calendar of Bills on Second reading. Senate Bill. No. 5: fo

A bill to be entitled An Act to authorize Housing Authori- tieSenate Chamber ties to undertake the development or administration of pro- re:

April 17, 1941. - jects to assure the availability of safe and sanitary dwellings ClSenator Price, Chairman of the Committee on Public Health, for persons engaged in National Defense activities who would to

reported that the Committee had carefully considered the fol- not otherwise be able to secure such dwellings within thelowing bill and recommends that the same pass. vicinity thereof: to limit the initiation of the development of .

Senate Bill No. 92: such projects until December 31, 1943; to authorize Housing Au- E

A bill to be entitled An Act to define and to regulate the thorities to cooperate with or-act as agent of the Federal Gov-practice of dentistry and dental hygiene in the State of ernment in the development and administration of such pro-Florida and to provide penalties for the violation of any of jeetp and to sell certain projects to the Federal Government: gelthe provisions of this Act. to authorize public bodies to assist such projects of Housing on

! the provIsions o hsA.Authorities and of the Federal Government; to make obliga-

placed on the Calendar of Bills o seco nd readi portng. wa tions issued for such projects of Housing Authorities legalplaced on the Calendar of Bills on second reading investments and security for deposits; and to declare valid

-Senate Chamber all bonds, notes, and obligations for Housing Authorities is- OrgApril 17th, 1941 sued for projects heretofore undertaken to assure the avail-^ c

Senator Wilson, Chairman of the Committee on Appropri- ability of safe and' sanitary dwellings for persons engaged in Pasations, reported that the Committee had carefully considered National Defense activities.the following bills and recommends that the same pass. Also-

Senate Bill No 52: . Senate Bill No. 6: - A bill to be entitled An Act to provide for the purchase. A bill to be entitled An Act to declare valid and legal the arttdistribution and administration for Anti-Hog Cholera Serum establishment and organization of Housing Authorities in theand Hog Cholera Virus by the State Live Stock Sanitary Board; the State of Florida under the pravisions of the Housing Aut

Apri 18, 1941 JOURNAL OFTHE SENATE 85April 18,1918tort4es LaW, and all contracts, bonds, notes, agreements, obligations and undertakings of such Housing Authorities0 itnattlfls and undertakings of such Housing Authorities, and all proceedings, Acts and things heretofore undertaken.an all pdroceh esl , Acts and things heretofore undertaken, performed or done with reference thereto.

performed or done with reference thereto.AsA. B COhLmanS,. House Bill No. 5:

And senate Bills NoT 5 and 6~ contained in the above re- A bill to be entitled An Act to authorize the Housing Au-And Senate BindsNos. 5 and6c^ ^ "^ontainedin the above re- thorities to undertake the development or administration

report, were placed on the Calendar of Bills on second reading. potes to ure the dvelopment or. adm snitatoofprojects to assure the &vallability of safe and sanitarySenate Chamber dwellings for persons engaged in national-defense activitiesTallahassee, Fla., April 18, 1941. who would not otherwise be able to secure such dwellingsSenator Folks, Chairman of the Committee on County within the vicinity thereof; to limit the initiation of the

organizations, reported that the Committee had carefully development to such projects until December 31, i943; toconsidered the following bill- .authorize Housing Authorities to cooperate with or act as

-' a * ~ -am~ .*n 4- agent of the Federal Government in the development andSenate Bill No. 4: administration of such projects of the Federal Government,A bill to be entitled An Act to amend Chapter 17,981, Laws to acquire or lease such projects and to sell certain projects

of Florida, Acts of 1937, entitled "An Act to declare the neces- to the Federal Government; to authorize public bodies tosity of creating public bodies corporate and politic to be assist such projects of Housing Authorities and of the Fed-known as Housing Authorities to undertake slum clearance eral Government; to make obligations issued for such pro-and projects to provide dwelling accommodations for persons jects of Housing Authorities legal investments and securityof low income; to create such Housing Authorities in cities .for deposits; and to declare valid all bonds, notes and obbliga-having population of more than 5,000; to define the powers tions of the Housing Authorities issued for projects hereto-and duties of Housing Authorities and. to provide for the fore undertaken to assure the availibility of safe and sanitaryexercise of such powers, including acquiring property, bor- dwellings for persons engaged in national-defense activities. rowing money, issuing debentures and other obligations, and Very respectfully,giving security therefor; to provide that Housing Authorities A. B. FOLKS,may obtain validation of their obligations and proceedings; Chairman of Committee.and to confer remedies on obligee of Housing Authorities," And House Bills Nos. 4 and 5, contained in the above report,as amended by Chapter 19,510, Laws of Florida Acts of 1939, were placed on the Calendar of Bills on second reading.by adding thereto the following Sections to be designatedand known as Sections 27, 28, 29. 30, 31, 32, 33, and 34 to Senator Drummond, Chairman of the Joint Committee oncreate Housing Authorities for counties and to provide for Enrolled Bills on the part of the Senate, submitted the fol-the organization of such Authorities, to authorize the crea- lowing report:tion and organization of Regional Housing Authorities by Senate Chambergroups of counties, to define the powers, provide for the Tallahassee, Fla., April 17th, 1941.appointment of Commissioners of such Housing Authorities Hon. John R. Beacham,and to authorize such Housing Authorities to provide hous- President of the Senate.ing for farmers of low income." Sir:

And recommends that the following Committee Substitute Your Joint Committee on Enrolled Bills, to whom waspass:referred:

"A bill to be entitled An Act relating to rural housing; to House Bill No. 52:create Housing Authorities for counties and to provide for A bill to be entitled An Act to outlaw in the State of Floridathe organization of such Authorities, to authorize the creation the Communist Party, the German-American Bund, and alland organization of Regional Housing Authorities by groups organizations groups, or individuals associated therewith whoof counties, to define the powers, and duties and area of seek to overthrow the Government of the United States byoperation of such Housing Authorities, to. provide for the force or violence through the advocacy of criminal anarchy,appointment of Commissioners of such Housing Authorities criminal communism, criminal nazi-ism, and criminal fascism.and to authorize such Housing Authorities to provide housingfor farmers of 6low income and to provide that the pro- Have examined the same and find them correctly enrolled.visions of Chapter 17,981, Laws of Florida, Acts of 1937, The same having been duly signed by the Speaker andentitled An Act to declare. the necessity of creating public Chief Clerk of the House of Representatives, we herewithbodies corporate and politic to be known as Housing Authori- present the same for the signature of the President and Sec-ties to undertake slum clearance and projects to provide retary of the Senate.dwelling accommodations for .persons of low income: to Very respectfullycreate such tusing Authorities in cities having a population A. P. DRUMMOND,Of more than.5,000; to define the powers and duties of Hous- . Chairman of the Joint Committee on EnrollederIng Authorities and to provide for the exercise of such pow- Bills on the Part of the Senate.ers, including acquiring property, borrowing money, issuing ThBilcnandinl the aboe rPort was therSeupna dulydebentures and otlier obligations, and giving security there- The bill contained in the above report was thereupon dulytor; to provide that Housing Authorities may obtain valida- signed by the President and Secretary of the Senate in opention of their obligations and proceedings; and to confer session and ordered referred to the Joint Committee onremedies on obligee of Housing Authorities," as amended by Enrolled Bills on the part of the Sehate, to be conveyed toto1thisAct waActs of 1939 shall apply the Governor for his approval.

his At except when in conflict herewith.Senator A. P. Drummond, Chairman of the Joint Commit-exct wheninconfli hery<ewith.ul -,tee on Enrolled Bills on the part of the Senate, submitted

- very respectfully, the following report:A. B. FOLKS, Senate Chamber

And Senate Eth No 4 Chairman of Committee. Tallahassee, Pla., April 16th; i941i eth Sent B No. 4, contained in the above report, to- Hon. John R. Beacham,g ther with the Committee Substitute therefor, was placed President of the Senate.nthe endar of Bills on second reading.Sir:

Senate Chamber Your Joint Committee on Enrolled Bills, to whom was re-Senator Po'k nBTallahassee, Fla., April 18, 1941. ferred:

organizations' Chairman of the 1 Committee on Count Senate Concurrent Resolution No. 1:oidefed roe tte fCmte haandr careful ly WHEREAS, His Excellency, Spessard L. Holland, Governorpass- t followig bills and recommends that the same of Florida, has expressed a desire to address the Legislature,Houe il No of Florida in Joint Session on this day, Tuesday, April 8th,^K A ~Ji to 4 A. D. 1941.

i tsohbme entit;0 ed6 An Act to declare valid and legal the THEREFORE, BE IT RESOLVED BY THE SENATE. THEth state 6-f pS ria1 nization"8 of Housing Authorities in HOUSE OF REPRESENTATIVES CONCURRING:

Authori~ties [arida under theprovnisio of the Housing That the Senate and House of Representatives convene inuthinb Lw, and al Contracts, bonds, notes, agreements, Joint Session in the House of Representatives at 3:00 o'clock

86 JOURNAL OF THE SENATE April :18, 1941

P. M. this day. Tuesday, April 8th, A.:D. 1941, for the purpose General Statutes of Florida, .1920, being Section 306, Conm-of receiving His Excellency's message. - piled General Laws of Florida, 1927, the same being the law

* Also-~ fixing and prescribing the compensation of inspectors andclerks of any Special or General Election, by including there-

Senate Concurrent Resolution No. 2: in a provision for the payment by the Board of County Corn-Honorable Claude Pepper will be available to address a missioners of the compensation of'Deputy Sheriff serving at

Joint Session of the Senate and House of Representatives on the polling places in any such Election and validating all pay--Monday, April 14th. 1941. ments 'heretofore made to such Deputy Sheriffs by any Board

Haxe examined the same and find them correctly enrolled. of County Commissioners.The same having been duly signed by the Speaker and Which was read the first time by title only and referred

Chief Clerk of the House of Representatives, we herewith pre- to the Committee on Judiciary "B".sent the same for the signature of the President and Secretary

of the Senate. ~~~~~~~By Senator Smith-of the Senate.Very respectfully, Senate Bill No. 159:A. P. DRUMMOND, A bill to be entitled An Act to amend Section 3224 of the

Chairman of the Joint Committee on Enrolled Revised General Statutes of Florida of 192Q, the same beingBills on the Part of the Senate. Section 5030 of the Compiled General Laws of 1927, relating

The Senate Concurrent Resolutions contained in the above to temporary injunction or an abatement of nuisances.-report were thereupon duly signed by the President and Secre- Which was read the first time by title only and referredtary of the Senate in open session and ordered referred to to the Committee on Judiciary "B".the Joint Committee on Enrolled Bills on the part of the By Senator Smith-Senate, to be conveyed to the Governor for his approval.

Senator Shepherd moved that the rules be waived and the Senate Bin No. 160:Senate do now reconsider the vote by which the Senate passed A bill to be entitled An Act to enlarge Lhe powers and dutiesSenate Bill No. 138 on April 17, 1941. of the State Welfare Board and to require the State Welfare

Board to give assistance from the Old Age Assistance Fund IWhich was, agreed to by a two-thirds vote, and the Senate to all persons regardless of age who have been bona fidereconsidered the vote by which Senate Bill No. 138 passed citizens of florida for a period of not less than. one year andthe Senate on April 17, 1941. who are physically or mentally disabled $o earn a living and

By unanimous consent Senator Shepherd withdrew Senate have no sufficient means or source of support on the sameDill No. 138. basis and at the same rate as other beneficiaries receiving

Senator Dye moved that the rules be waived and when the Old Age Assistance. .-Senate adjourns today it adjourn to reconvene at 4:00 o'clock Which -was read the first time by title only and referredP. M., Monday, April 21, 1941. to the Committee on Welfare.

Which was agreed to by a two-thirds vote and it was so By Senators Smith and Kelly-ordered. Senate Bill No. 161:...INTRODUCTION OF RESOLUTIONS v

A bill to be entitled An Act prescribing the duties of Sher-By Senator Drummond (By request)- iffs in levying writs.Senate Concurrent Resolution No. 7: tWhich was read the first time by title only and referred toWHEREAS Doctor Helen Keller is in the State of Florida the Committee on Judiary "B".

and will be available to address a joint session of the Senateand House of Representatives, on Tuesday, April 22, 1941, By Senator King-.at. 8 o'clock P. M., and, . Senate Bill No. 162:- 01

WHEREAS. a message from Doctor Keller will be of utmost A bill to be entitled An Act to designate that part .of the S'benefit to the members of the Senate and House of Repre- State Road Number 30 which lies within' the boundaries of insentatives in view of her intimate knowledge of conditions Polk County as the P. J. Langford Memorial Highway.applicable to the blind and unfortunate people of the nation, Which was read the first time by title only. to

NOW, THEREFORE, BE IT RESOLVED by the Senate and Senator King moved that -the rules be waived and Senatethe House of Representatives concurring: Bill No. 162 be read the second time by title only.

That the Senate and House of Representatives do invite Which was agreed to by a two-thirds vote.'Doctot Keller to. address them in joint session in the House And Senate Bill No. 162 was read the second time by title m('of Representatives at 8:00 P. M., Tuesday evening, April 22, only.1941, and that the Senate and House of Representatives do 5convene in joint session at said time and place, if Doctor Senator King moved that the rules be further waived and 168Keller accepts said invitation and signifies her ability to be Senate Bill No. 162 be read the third time in full and put upon mE'present. -its passage. mc

· ' ~~~~~~~~~~~~~~~~~~forWhich. was read the first time in full. ' ' . Which was agreed to. by a two-thirds vote. theSenator Drummond moved that the rules be waived and And Senate Bill No. 162 was read the third time in full.. cer

Senate Concurrent Resolution No. 7 be read the second time vioin full.' i in full.' ~~~~~~~~~~~Upon the passage of the bill the roll was called and theri

. . ~~~~~~~~~~vote was: 'Which was agreed to' by a' two-thirds vote.'voews Yeas-Mr. President;' Senators Adams (25th), Adams toAnd Senate Concurrent Resolution No. 7 was read the (30th), Beall, Butler, Clarke, Cliett. Collins, Cooley, Drum-'

second: time in ful. mond, Dye, Folks, Gideons, Graham, Hinely, Horne, Hous- TThe question was put on the adoption of the Concurrent holder, Johnson. Kanner, Kelly, King, Lewis, Lindler, Mad- S

Resolution. ' dox, Maines, McKenzie, Parker, Perdue, Price, Shands, ShepAWhich was agreed to. herd, Shuler, Smith, Taylor, Ward, Whitaker, Wilson-37. ap1And Senate Concurrent Resolution No. 7 was adopted and Nays--None. ' ' a p

the action of the Senate was ordered certified to the House quaof Representatives immediately, by waiver of the rule. S h ilpsettea ttd n h cino VSenate was ordered to be certified to the House of Represen-

.Senator Shands moved that a committee be appointed to tatives immediately, by waiver of the rule, to tescort the Honorable Harry Wells, former member of the B

'Senate, to a seat on the rostrum. 'y n r a StWhich was agreed to. Senate Bin No. 163: AThe President appointed Senators Shands, Beall and Lewis A bill to be entitled An Act authorizing the State Road De-

as the.committee. partment to provide curbs and gutters for that portion of SfonState Road 31, extending through the Town of Hawthorne i fon

BySenatorsSmith and KeLLy-' AND JOINTRESOLUIAlachua County, and for that portion of State Road 77, ex-Ptending through the Town of Trenton in Gilchrist County. Year

Senate Bill No. 158: Which was read the first time by title only and referred towA bin to be entitled An Act amending Section 250, Revised the Committee on Public Roads and Highways. to tl

-prl 18,- 1941 JOURNAL OF THE SENATE 87April 18, 9

By Senator Butler-By enator i ng 164Senate Bill No. 170:A bill to be entitled An At to designate that part of the A bill to be entitled An Act for the relief of Gus Cheshire ofA bill to No 34 which lies within the boundaries of Polk Jacksonville, Duva' County, Florida, and providing an ap-

State Road thJohn L Robison Highway. propriation for injuries and damages sustained by him by rea-County, as the john L. Robson Highway . son of an accident with a truck belonging to and being operated

Which was read the first time by title only. by the State Road Department, and providing for the paymentsenator King moved that the rules be waived and Senate of same.

Bill No. 164 be read the second time by title only. Which was read the first time by title only and referredwhich was agreed to by a two-thirds vote. to the Committee on Pensions and Claims.And Senate Bill No. 164 was read the second time by title By Senator Beal-

only. Senate Bill No. 171:Senator King moved that the rules be further waived and A bill to be entitled An Act to provide necessary facilities

senate Bill No. 164 be read the third time in full and put for the Supreme Court, Railroad Commission and law library;upon its passage. for the erection and furnishing of a suitable addition to the

Which was agreed to by a two-thirds vote. court building erected in the year 1912, by a special buildingAnd Senate Bill No. 164 was read the third time in full. commission; making an appropriation for the same and other-

'Upon the passage of the bill the roll was called and the vote wise relating to said purpose.Which was read the first time by title only and referred

Yeas-Mr. President; Senators Adams (25th), Adams to the Committee on Appropriations(30th), Beall, Butler, Clarke, Cliett, Collins, Cooley, Drum- By Senator Home-mond, Dye, Folks, Gideons, Graham, Hinely, Horne, Hous- Senate Bill No. 172:holder, Johnson. Kanner. Kelly, King, Lewis, Lindler, Mad- A bill to be entitled An Act fixing the fees and taxes todox, Maines, McKenzie, Parker, Perdue, Price, Shands, Shep- be collected by the Motor Vehicle Commissioners upon the regis-herd, Shuler. Smith, Taylor, Ward, Whitaker, Wilson-37. tration or re-registration of automobiles for private use, and

Nays-None. repealing all laws or parts of laws in conflict herewith andSo the bill passed, title as stated, and the action of the providing when this Act shall take effect.

Senate was ordered to be certified to the House of Represen- Which was read the first time by title only and referredtatives immediately, by waiver of the rule. to the Committee on Motor Vehicles.

By Senator King- By Senator Horne-Senate Bill No. 165: Senate Bill No. 173:A bill to be entitled An Act to provide for assistance to blind A bill to be entitled An Act assessing, levying and imposing

voters in marking ballots or using voting machines. an annual license tax upon every person, firm, copartnership.Which was read the first time by title only and referred to joint adventure, joint stock company, association, corpora-

the Committee on Judiciary "A." tion, estate, business trust trust, receiver, syndicate, fiduciary.By Senator King- or any other association of persons conducting, engaging inSenate Bill No. 166: or carrying on the business of a retailer in this State, andSenate Bin No. 1066: ',., .. operating an independent store or one or more chain storesA bill to be entitled An Act to provide for the nomination within this State;. and to classify such stores, for the purpose

of candidates for President and Vice President of the United of such license taxes and of graduating the license tax inStates in the Primary Election and providing for the qualify- accordance with the number of stores operated under a singleing of candidates therefor. ownership, management or control,- in this State; and also

Which was read the first time by title only -and referred assessing, levying and imposing a separate and additionalto the Committee on Privileges and Elections. annual license tax based on the amount of gross receipts in

By Senator Johnson- each separate store for the preceding twelve months or frac-Senate Bill No. 167: tion thereof preceding the first day of July; defining "inde-SAenat Bin in 167: A, At t t f 4 1 t d t t pendent store" and "chain store" and "chain stores" andA bill to be entitled An Act to further regulate and tax the other words used in this Act; to provide for the adminstra-othe ewords used in this Act; to provid e for the ad ministra-

manufacture, distribution and sale of beverages containing ion and enforcement of this Act and for the promulgationmore than one per centumn of alcohol, by amending Section and enforcement of rules and regulations to facilitate such5 of Chapter 16,774, Laws of Florida of 1935; said Chapter enforcement: to provide for the creation and enforcement of18,774, being entitled: "An Act regulating and taxing the a lien upon the property of persons and associations liablemanufacture, distribution and sale of beverages containing for the payment of such license tax; to provide penalties forMore thsn one per cenrtun of alcohol, creating and providing the violation of this Act and of rules and regulations law-for a State Beverage Department, providing penalties for fully made under the authority hereof; to provide for thethe violation of this Act and repealing existing laws con- filing of sworn reports by the person or association on whichcaorning said beverages," and providing penalties for te such license tax is imposed; and to repeal consViolation of t his A t. e such license tax Is imposed; and to repeal conflicting lawslv iolation of this Act. expressly but on condition, including all parts and Sections

Which was read the first time by title only and referred of. Chapter 16848, Laws of Florida,-1935; and to appropriateto the Committee on Temperance and the Committee on Fin- the revenues derived hereunder.ance and Taxation, jointly.

BY Senator Soith-o .Which was read the first time by title only and referredto the Committee on Finance and Taxation.

Senate Bill No. 168: A bill to be entitled An Act providing for nominations for By Senator Butler-

appointments or election to the offices of State Attorneys by Senate Bill No. 174:fa Polticalp-arty in a primary election and providing for the A bill to be entitled An Act to declare, designate and estab-

qualifying of candidates therefor. lish a certain State Road.

Which was read the first time by title only and referred Which was read the first time by title only and referredto the Committee on Privileges and Elections. to the Committee on Public Roads and Highways.

-By Senator Smith- By Senator Collins-SFenate Bin No. 169: Senate Bill No. 175:

b eliob .entitl"ed An Act to amend Chapter 14782, Laws A bill to be entitled An Act to repeal the provisions ofones wh 1, by Providing for pensions to widows of pen- Chapter 17917, Laws of Florida, 1937, providing for certain

£0I aor b--ar1e entitled to receive monthly allowance in the license taxes on boats, vessels, schooners or launches operat-... i tubc arpensiou .o school teachers who have taught in the ing and/or plying min the tidal and salt waters, or other waters

- Y* fere schoob of the State of Florida for 35 or more under the control of the State Board of Conservation of theState of Florida.

Which was read the first timeto the Coitby t itle only and referred Which was read the first time by title only and referredthe -imittee on Pensions and Claims. to the Committee on Finance and Taxation.

88 JOURNAL OF THE SENATE April 18, 1941

By Senator Drummond- By Mr. Luckie of Duval-Senate Bill No. 176: House Bill No. 61:A bill to be entitled An Act to clarify existing law by pro- A bill to be entitled An Act to amend Section 4846, Revised

viding that where the mortgagee named in any mortgage is General Statutes of Florida, the same being Chapter 6932,a married man or a married woman, or where the assignee Compiled General Laws, 1927, as amended by Section 1,of any mortgage is paid or satisfied, such mortgagee or Chapter 16067. Acts of 1933, relating to legal holidays..assignee alone may satisfy such mortgage and it shall not And respectfully requests the concurrence of the Senatebe necessary for the other spouse to join in either the execu- therein.tion or acknowledgment of such satisfaction. Very respectfully,

Which was read the first time by title only and referred BEN H. FUQUA,to the Committee on Judiciary "C". Chief Clerk House of Representatives.

By Senator Lindler- And House Bill No. 61, contained in the above message,Senate Bill No. 177: was .read the first time by title only and referred to the Comn-A bill to be entitled An Act for the relief of John Green mittee on Judiciary "C."

Hodges of Lake City, Columbia County, Florida, for injuries Senate Bills Nos. 444 (1939 Session), 849 (1939 Session), andreceived by him while working on a State Road in said County 514 (1939 Session) were taken up in their order and the con-as an employee of the State of Florida. sideration of same was informally passed.

Which was read the first time by title only and referred Senate Bill No. 372 (1939 Session):to the Committee on Pensions and Claims. "A bill to be entitled An Act making an appropriation of

By Senator Lindler- Five Thousand ($5,000.000) Dollars, to each of six counties ofSenate Bill No. 178: . the State of Florida, viz: Escambia, Santa Rosa, Walton,A bill to be entitled An Act relating to limited Agricultural Okaloosa, Bay and Wakulla, in order to be able to secure any

Associations; authorizing the formation of such Associations; Federal or Unite States funds that may be appropriatedprescribing the powers and duties thereof; limiting the per- for the control and elimination of the dog fly pest in saidsonal liability of members, and providing procedure for the counties; providing for a method of repayment of the ap-formation, organization, operation and dissolution of such propriation by the State of Florida: and setting up methodsAssociations. . for the enforcement of this Act."

Which was read the first time by title only and referred Was taken up in its order and read by title, together withto the Committee on Agriculture and Livestock. the objections thereto of the Honorable Fred P. Cone, former

By Senators Cooley and Drummond- Governor of Florida.Senate Bill No. 179: The President put the question: "Shall the bill pass, theA bill to be entitled An Act to amend Section 7 of Commit- Governor's objections to the contrary notwithstanding?"

tee Substitute for House Bill 579 of the 1939 Session, the Upon the passage of the bill the roll was called and the votesame being An Act entitled "An Act to prescribe the maxi- was:mum weight. width, length and height of certain motor Yeas-Nonevehicles operated on the public highways of the State ofFlorida, and relating to the operation of motor vehicles, Nays-Mr. Presdent; Senators Adams (25th), Adamsand placing a maintenance tax thereon." (30th), Beall, Butler, Clarke. Cliett, Collins, Cooley, Drum- _

Which was read the first time by title only. mond, Dye. Folks, Gidens, Graham, Hinely, Hondler, Mad-holder. Johnson, Kanner,' Kelly, King, Lewis, Lindler, Mad-Senator Cooley moved that the rules be waived and Senate dox, Maines, McKenzie, Parker. Perdue, Price, Shands, Shep-

Bill No. 179 be read the second time by title only. herd, Shuler, Smith, Taylor, Ward, Whitaker, Wilson-37.* Which was agreed to bY a two-thirds vote. . So Senate Bill No. 372 of the 1939 Session failed to pass ' (And Senate Bill No. 179 was read the second time by title over the Governor's veto.

only. Senator Cooley moved that the rules be further waived and Senate Bill No. 782 (1939 Session):

Senate Bill No. 179 be read the third time in full and put ."A bill to be entitled An Act appropriating Five Thousandupon its passage. ($5,000.00) Dollars from the General Inspection Fund for the

Which was agreed to by a two-thirds vote, use of the State Executive Committee of the Young Demo-cratic Clubs of Florida in its campaign to bring the 1941 ,

'And Senate Bill No. 179 was read the third time in full. National Convention of the Young Democratic Clubs of Ameri -191Upon the passage of the bill the roll was called, and the ca tc Florida." t

vote was: Yeas-Mr. President; Senators Adams (25th), Adams (30th), Was taken up in its order and read by title, together with C

BeaUll. Butler Clarke, Cliett, Collins, Cooley, Drummond, oero o r Honorable Fred P. Cone, formerGideons, Graham, Hinely, Home, Housholder, Johnson, Kan- Goveror o ora.ner, Kelly, King. Lewis, Lindler, Maddox, Maines, McKenzie, The President put the question: "Shal the bill pass, theParker, Perdue, Price, Shands, Shepherd, Shuler, Smith, Tay- Governor's objections to the contrary notwithstanding?" vlor. Whitaker, Wilson-34. Whtake Wlson-Upon the passage of the bill the roll was called and the vote

Nays-Senators Dye, Ward-2. wasSo the bill passed: title as stated, and the action of the . (

Senate 'was ordered to be certified to the House of Repre- Yeas-None. '

sentatives immediately, by waiver of the rule. Nays-Mr. President; Senators Adams (25th), Adams hSenator Clarke moved that a committee be appointed to (30th), BeaU, Butler, Clarke, Cliett, Collins, Cooley, Drum- d

escort Honorable T. T. Turnbull, former member of the Sen- mond, Dye, Folks, Gideons, Graham, Hinely, Hoe, Hous- hate from the 22nd, Senatorial District and a past President of holder, Johnson, Kanner, Kelly, King, Lewis, Lindler, Mad-the Senate, to a seat on the rostrum. dox, Maines, McKenzie, Parker, Perdue, Price, Shands, Shep- t'

Which was agreed to. herd, Shuler, Smith, Taylor, Ward, Whitaker, Wilson-37.The President appointed Senators Clarke, Butler and Hinely So Senate Bill No. 782 of the 1939 Session failed to pass

as the committee. over the Governor's veto. ·MESSAGES FROM THE HOUSE OF REPRESENTATIVES Senate Bill No. 693 (1939 Session): pThe following Message from the House of Representatives "A bill to be entitled An Act making an appropriation to si

was received and read: be used as sponsor's contribution to match federal funds for p,'Tallahassee, Fla. the construction of building at the Florida School for the u

April 17, 1941. ' Deaf and Blind." p.Hon. John R. Beacham, Was taken up in its order and read by title, together with a'

President of the Senate. the objections thereto of the Honorable Fred P. Cone, formerSir: Governor of Florida. tt

I am directed by the House of Representatives to inform The President put the question: "Shall the bill pass, the CGthe Senate that the House of Representatives has passed. Governor's objections to the contrary notwithstanding?"

April 18, 1941 JOURNAL OF THE SENATE 89upon the passage of the bill the roll was called and the The President put the question: "Shall, the bill pass, the

I pvote was: Governor's objections to the contrary notwithstanding?"

Yeas-None. Upon the passage of the bill the roll was called and theNaYs-Mr. President; Senators Adams (25th), Adams vote was:

(30th). Beall. Butler, Clarke, Cliett, Collins, Cooley, Drum- Yeas-None.mond, Dye, Folks, Gideons, Graham, Hinely, Home, Hous- Nays-Mr. President; Senators Adams (25th). Adamsholder. Johnson. Kanner. Kelly. King, Lewis, LAndler, Mad- (30th), Beall. Butler, Clarke, Cliett, Collins, Cooley, Drum-dox, Maines, McKenzie, Parker, Perdue, Price, Shands, Shep- mond, Dye, Folks, Gideons. Graham, Hinely, Horne, Hous-herd, Shuler, Smith, Taylor, Ward, Whitaker, Wilson-37. holder. Johnson, Kanner. Kelly. King, Lewis, Lindler, Mad-

So senate Bill No. 693 of the 1939 Session failed to pass dox, Maines, McKenzie, Parker. Perdue, Price, Shands, Shep-over the Governor's veto herd,- Shuler, Smith, Taylor, Ward, Whitaker, Wilson-37.

Senate Bill No. 690 '(1939 Session): So Senate Bill No. 266 of the 1939 Session failed to pass"A bill to be entitled An Act for the relief of C. D. Ivey, a over the Governor's veto.

resident Of St. Johns County, Florida, providing an ap- Senate Bill No. 167 (1939 Session):propriation for injuries and damages sustained by him on "A bill to be entitled An Act to define farm and farm trail-account of ar automobile collision occurring at Junction Point ers operated in connection. therewith: to provide that suchon State Highway No. 4 near St. Augustine, Florida, on Janu- farir vehicles and farm trailers shall be exempt from thearv 1, 1936, providing for the State Treasurer and the State requirement of registration and the purchase of tags underComptroller of the State ot Florida to draw and cause to e i,- Motor VelTicle Laws of this State, when such farm ve-drawn, warrant in payment of said appropriation herein pro- hides and/or trailers are operated on farms, groves, andvided for: and providing for the enforcement of this Act." orchards and in going to and from headquartets to such farms,

Was taken up in its order and read by title, together with groves and orchards.'the objections thereto of the Honorable Fred P. Cone, former Was taken up in its order and read by title together withGovernoPresof'nt putithe question: .$Shall the bill pass the the objections thereto of the Honorable Fred P. Cone, former*'The President Put the question: "Shall the bill pass, the Governor of florida.Governor's 'objections to the contrary notwithstanding?" The President put the question: "Shall the bill pass, the

Upon the passage of the bill the roll was called and the Governor's objections to the contrary notwithstanding?"vote was: Upon the passage of the bill the roll was called and the*Yeas-None. vote was:

Nays-Mr. President; Senators Adams (25th), Adams Yeas-None.(30th), Beall, Butler, Clarke, Cliett, Collins, Cooley, Drum-mond, Dye. Folks, Gideons. Graham, Hinely, Horne, Hous- Nays-Mr. . President; Senators Adams (25th), Adamsholder, Johnson, Kanner, Kelly, King, Lewis, Lindler, Mad- (30th), Beall, Butler, Clarke, Cliett, Collins, Cooley, Drum-dox, Maines, McKenzie, Parker. Perdue, Price, Shands, Shep- mond. Dye, Folks, Gideons, Graham, Hinely, Home, Hous-herd, Shuler, Smith, Taylor, Ward, Whitaker, Wilson-37. holder.- Johnson. Kanner. Kelly, King, Lewis, Lindler, Mad-

No690ofthe 1939 Session failed to pass dox, Maines, McKenzie, Parker, Perdue, Price, Shands, Shep-.So Senate Bill No. 690 of te13Ssiofaldopss herd,: Shuler, Smith, Taylor, Ward, Whitaker, Wilson-37.

* over the Governor's vetoSo Senate Bill No. 167 of the 1939 Session failed to pass

Senate 'Bill No. 541 (1939 Session): over the Governor's veto.* "A bill to be entitled An Act to amend Section .1 of Chapter17976, Acts of 1937. entitled An Act relating to the guardian- Senate Bill No. 141 (1939 Session):ship of weak-minded and physically incapacitated persons by "A bill to be entitled An Act for the relief of R. H. Brownthe appointment of a curator to take charge of their prop- in the matter of damage done to certain lands owned byerty and, if necessary, a guardian to take charge of their hirm by the building of highways and requiring the Floridapersons, prescribing the form of petition, notice of hearing and State Road Department to pay to the said R H Brown theProcedure with reference to making said appointment, powers sum of Two Hundred and Fifty Dollars."and duties of curator and guardian, discharge of curator and Was taken up in its order and read by title, together withof guardian, appointed under the provisions of this Act, effect the objections thereto of the Honorable Fred P. Cone, former,of the decree of appointment and provisions for safe-guard- Governor of Florida.ing the property and interests of said weak-minded or phy-sically incapacitated persons." The President put the question: "Shall the bill pass, the

Was taken up in its order and read by title, together with Governor's objections to the contrary notwithstanding?"the objections thereto of the Honorable Fred P. Cone, former Upon the passage of the bill the roll was called and the voteGoverner of Florida. was:

The President put the question: "Shall ;he bill pass, the Yeas-None.Governor's objections to the contrary notwithstanding?" Nays-Mr. President; Senators Adams (25th), Adams

UPon the passage of the bill the roll was called and the (30th), Beall, Butler, Clarke, Cliett, Collins, Cooley. Drum-vote was: . mond. Dye, Folks, Gideons, Graham, Hinely, Horne, Hous-

Yeas-None holder, Johnson, Kanner, Kelly, King, Lewis, Lindler, Mad-Nays-~~, " dox, Maines, McKenzie, Parker, Perdue, Price, Shands,. Shep-

(30thys-BMr. President; Senators Adams: (25th), Adams herd, Shuler, Smith, Taylor, Ward, Whitaker, Wilson-37.(30h),Beal.Butler. Clarke, Cliett, .Collins, Cooley, Drum- So. Senate Bill No. 141 of the 1939 Session failed to-Pass over

mond, Dye, Folks Qideons, Graham, Rinely, Home, Hous- the ' Governo's veto.holder, Johnson. Kanner, Kelly, King. Lewis, Lindler, Mad-dox, Maines, McKenzie, Parker. Perdue, Price, Shands, Shep- Senate Bill No. 1160 (1939 Session):

herd, Shuler, Smith, Taylor, Ward, Whitaker, 'Wilson-37. "A bill to be entitled An Act providing that in all counties ofSO Senate Bill No: 541 of the 1939 Session failed to pass over the State of florida having a population of not less than

the Governor's veto - 7,000 and not more than 7,500, according to the last preced-Senate Bill No. 266 (1939 Session): ing State Census, the provisions -of Section 9 of Chapter"A bill to 18296, Laws of Fiorida of 1937, shall not apply to any lots,D~epar °be entitled An Act authorizing the State Road parcels or tracts of land where the county or any municipality

Poration to permit any responsible Person, Firm or Cor- or any drainage district, or other taxing authority in the saidstations o erect within the right of way of any State troad, county holds a lien, other than a state and county tax lien,Ported bo waiing rooms for school children who are trans- on said lots, parcels or tracts of land by virtue of any valid

underand y whih suh permits may be granted: and em-Uonder and by whicbh sseuehrp~~iitgmaye~ngranedaante law of saidSteofFriaw

Pawering th. Road Department to make reasonable rules Was taken up in its order and read by title, together withand resolutions covering the same." the objections thereto of the Honorable Fred P. Cone, former

Was taken up in its order and read by title, together with Governor of Florida.Gove c ons thereto of the Honorable Fred P. Cone, former The President put the question: "Shall the bill pass, the

rnor Of Florida. Governor's objections to the contrary notwithstanding?"

90 JOURNAL OF THE SENATE April 18, 1941

Upon the passage of the bill the roll was' called and the vote - Yeas-Senators Cooley, Graham, King, Shands-4.was: Nays-Mr. President; Senators Adams (25th), Adams (30th),

Yeas--None. Beall Butler, Clarke, Cliett, Collins, Drummond, Dye, Folks,Gideons, Hinely, Horne, Housholder, Johnson, Kanner, Kelly,

Nays-Mr. President; Senators Adams (25th), Adams Lewis, Lindler, Maddox, Maines, McKenzie, Parker, Perdue, C

(30th), Beall, Butler, Clarke, Cliett, Collins, Cooley, Drum- Price, Shepherd,. Shuler, Smith, Taylor, Ward, Whitaker,mond. Dye, Folks, Gideons,. Graham, Hinely, Horne, Hous- Wilson-33.holder, Johnson, Kanner, Kelly, King, Lewis, Lindler, Mad-dox, Maines, McKenzie, Parker, Perdue, Price, Shands, Shep- So Senate Bill No. 422 of the 1939 Session failed to pass Overherd, Shuler, Smith, Taylor, Ward, Whitaker, Wilson-37. the Governor's veto.

* So Senate Bill No. 1160 of the 1939 Session failed to pass Senate Bill No. 81 (1939 Session):over the Governor's veto. "A bill to be entitled An Act authorizing the establishment

Senate Bill No. 1098 (1939 Session): and maintenance of separate State Prisons for the confine- c

"A bill to be entitled An Act providing that in all Counties ment and Punishment of female persons and first offendersEunds er atwn tuy-fisvheyears of age, convicted and sent e toof the State of Florida having a population of not less than the te Prn.t " 60,000 and not more than 80,000 according to the last pre- e State Pson.ceding State census. The provision of Chapter 18292, Laws Was taken up and read by title, together with the followingof Florida, Acts of 1937, same being an Act relating to and objections thereto of the Honorable Fred P. Cone, formerconcerning taxation and providing for the Sale of Tax Cer- Governor of Florida.tificates together with subsequent omitted or levied taxes; June 9th, 1939. v

and further providing for vesting of title to land covered by Honorable R. A. Gray,Tax Certificates in State of Florida, shall not apply and Secretary of State,shall be of no force and effect in such counties; repealing all Tallahassee, Fla.laws. in conflict herewith." Dea ssee, G ay

*Was taken up in its order and read by title, together with DerM.Gryd the objections thereto of the Honorable Fred P. Cone, former Pursuant to authority vested in me as Governor of Florida htheobjectionstert of theida under' the provisions of Section 28, Article III of the Consti-Governor of Florida. . tution of this State, .I transmit to you with my objections

The President put .the question: "Shall the bill pass, the thereto Senate Bill No. 81, entitled:Governor's objections to the, contrary notwithstanding?" a

Uponthepasage ofthe illtherol wa caled nd he ote "A bill to be entitled An Act authorizing the establishmentUpon the passage of the bill the roll was called and the vote and maintenance of separate State prisons for the confine-

was: .ment and punishment of female persons and first offenders

Yeas-None.. under twenty-five years of age, convicted and sentenced to ei

Nays-Mr. President; Senators Adams (25th), Adams the State prison'.(30th), Beall, Butler,. Clarke, Cliett, Collins, Cooley. Drum- "- This bill authorizes the building of a separate State prisonmond, Dye, Folks,. Gideons, Graham, Hinely, Horne, Hous- for the confinement and punishment of female persons and pholder,- Johnson, Kanner, Kelly, King, Lewis, Lindler, Mad- first offenders under 25 years of age, without providing any R

dox, Maines, McKenzie, Parker, Perdue,. Price, Shands, Shep- revenue for the purpose of -carrying out the terms of the bill.herd, Shuler, Smith, Taylor, Ward, Whitaker, Wilson-37. The State has no money and the Legislature did not provide

So Senate Bill No. 1098 of the 1939 Session failed to pass the source from which this revenue is to come .in. order to Bover the Governor's veto. - - carry out the mandates of this bill. therefore. I veto Senate

Senate Bill No. 1190 (1939 Session): Bill No. 81, passed by the 1939 session of the Legislature,

"A bill to be entitled An Act providing . that in all coun- Respectfully, . 01ties of the State of Florida having a population of no less FRED P. CONE,than 9,000 and not more than 9,700, according to the last - Governor. S(preceding State Census, the provisions of Section 9 of Chap- Pending consideration of Senate Bill No. 81 (1939 Session), it:ter 18296, Laws of Florida of 1937, shall not apply to any Senator Kelly moved that the further consideration thereoflots, parcels or tracts of land where the county or any mu- be informally passed.nicipality or any drainage district, or other taxing authority Which was agreed to and it was so ordered.in the said county holds a lien, other than a state and countytax lien on said lots, parcels or tracts of land by virtue of any Senator Horne moved that the rules be waived and all Wvalid law of said State of Florida." bills now referred to and in possession of. committees be per-

Was akenup i itsorde andreadby ttlewith mitted to remain with the respective committees for a periodWas taken up in its order and read by titled together with of fourteen days from the date of each reference thereof.. m

Governor of Florida. - Which was not agreed to. so

The President put the question: "Shall the bill pass, the SENATE BILLS ON SECOND READING Si

Governor's objections to the contrary notwithstanding?" SloUpon the passage of the bill the roll was called and the Senate Bill No. 66':

vote was: ' o t b t r A bill to be entitled An Act exempting machines used forvending drinking cups, postage stamps and also coin operatedat

Yeas-None. machines or devices, such as parcel checking lockers and at

Nays-Mr. President; Senators Adams (25th), Adams toilet locks, used in railroad, bus, airport stations, depots(30th), Beall, Butler, Clarke, Cliett, Collins, Cooley, Drum- and hotels, boarding houses. restaurants and rest rooms formond, Dye, Folks, "Gideons, Graham, Hinely, Horne, Hous- the convenience of or in rendering service to the public frolnmholder, Johnson, Kanner, Kelly, King, Lewis, Lindleri Mad- any and all license taxes. ' I.edox, Maines, McKenzie, Parker, Perdue, Price, Shands, Shep- Was taken up in its order and read the second time in full, heherd, Shuler, Smith, Taylor, Ward, Whitaker, Wilson-37. Senator Whitaker 'moved that the rules be waived and Senate pr(

So Senate Bill No. 1190 of the 1939 Session failed to pass Bill No. 66 be read the third time in full and put upon its inEover the Governor's veto. . passage. an,

Senate Bill No. 422 (1939 Session): Which was agreed to by a two-thirds vote. I

"A bill to be entitled An Act for the relief of L. B. Alexander, And Senate Bill No. 66 was read the third time in full. Eof the City of Waldo,. County of Alachua, State of Florida Bilon account of injuries to his automobile caused by a State Upon the passage of the bill the roll was called and theconvict running into said car." vote was: I

Was taken up in its order and read by title, together with Yeas-Mr. President; Senators Beall, Butler, Cliett, CooleYJ I

the objections thereto of the Honorable Fred P. Cone, former Dye. Gideons, Horne. Housholder, Johnson, King, Price-12. Oil]

Governor of Florida. ' Nays-Senators Adams (25th), Adams (30th), Clarke, C01- E

The President -put the question: "Shall the bill pass, the lins, Drummond, Folks, Graham, Hinely, Kanner, Kelly, Lew- SerGovernor's objections to the contrary notwithstanding?" is, Lindler, Maddox, Maines, McKenzie, Parker, Perdue, Shands its

Upon the passage of the bill the roll was called and the Shepherd, Shuler; Smith,- Taylor, Ward, Whitaker, Wilson- 2 5 -vote was: ' ' So the bill failed to pass. ' - '

April 18,1941 JOURNAL OF THE SENATE 91

Senate Bill No. 55: Upon the passage of the bill the roll was called and theSenate Bill No. 55: vote was:A bill to be entitled An Act relating to the time of entry Yeas-Mr. President; Senators Adams (25th), Adams

of defaults and decrees pro confesso. (30th), Beall, Butler, Clarke, Cliett, Collins, Cooley, Drum-Was taken up in its order. mond, Dye, Folks, Gideons, Graham, Hinely, Horne, Hous-senator Beall moved that the rules be waived and Senate holder, Johnson. Kanner, Kelly, King, Lewis, Lindler, Mad-Se No. 55 b read the second time by title only. dox. Maines, McKenzie, Parker, Perdue, Price, Shands, Shep-

Bich No. 55 be read the secoy at tide voe. herd, Shuler, Smith, Taylor, Ward, Whitaker, Wilson-37.Which was agreed to by a two-thirds vote. Nays-None.

And Senate Bill No. 66 was read the second time by title Sc the biL passed, title as stated, and the action of theonly. Senate was ordered to be certified to the House of Repre-Senator BeaU moved that the rules be further waived and sentatives immediately, by waiver of the rule.

senate Bill No. 55 be read the third time in full and put upon Senate Bill No. 56:its passage. A bill to be entitled An Act relating to witness pay rolls

Which was agreed to by a two-thirds vote. and to amend Section 1778 (CGL 2829) Revised GeneralAnd Senate Bill No. 55 was read the third time in full. Statutes of Florida, entitled "Clerk Not Entitled to Fee.";Upon the passage of the bill the roll was called and the vote Was taken up in its order.

was: Senator Beall moved that the rules be waived and SenateYeas-Mr. President; Senators Adams (25th), Adams Bill No. 56 be read the second time by title only.

(30th), Beall, Butler, Clarke, Cliett. Collins, Cooley, Drum- Which was agreed to by a two-thirds vote.mond. Dye, Folks, Gideons, Graham, Hinely, Home, Hous- And Senate Bil No. 56 was read the second time by titleholder, Johnson. Kanner, Kelly, King, Lewis, Lindler, Mad- only.dox, Maines, McKenzie, Parker, Perdue, Price, Shands, Shep- Senator Beall moved that the rules be further waived andherd, Shuler, Smith, Taylor. Ward, Whitaker, .Wilson-37. Senate Bill No. 56 be read the third time in full and put upou

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

ate was ordered to be certified to the House of Representatives And Senate Bill No 56 was read the third time in full.immediately, by waiver of the rule. es AUpon the passage of the bill the ro was called and the

Senate Bill No. 53 was taken up in its order and the consid- vote wasteration thereof was informally passed. vote was:Yeas-Mr. President; Senators Adams (25th), Adams (30th),

Senate Bill No. 54: Beall, Butler, Clarke, Cliett, Collins, Cooley, Drummond, Dye,A bill to be entitled An Act relating to the removal .of a Gideons, Graham, Hinely, Home, Housholder, Johnson, Kan-

prisoner to jail of another county, and to repeal Section 6209 ner, Kelly, King, Lewis, Lindler, Maddox, Maines, McKenzie,Revised General Statutes of Florida. Perdue, Price, Shands, Shepherd, Shuler, Smith, Ward, Whit-

Was taken up in its order. . aker, Wlson-34.Senator BeaU moved that the rules be waived and Senate Nays-None.

Bill No. 54 be read the second time by title only. So the bill passed, title as stated, and the action of theWhich was agreed to by a two-thirds vote. Senate was ordered to be certified to the House of Represen-

And Senate Bill No. 54 was read the second time by titleonly. Senate Bill No. 3:

Senator Beall moved that the rules be further waived and A bill to be entitled An Act to amend Paragraph (12) ofSenate Bill No. 54 be read the third time in full and put upon Section 3 of Chapter 16085. Laws of Florida, Acts of 1933,its passage. . being Paragraph (12) of Section 1285, Permanent Cumulative

Which was agreedr to by a two-thirds vote. Supplement to Compiled General Laws of Florida, 1927: saidWhichwasageedtob a tw s vote. chapter relating to the operation, licensing and taxing ofAnd Senate Bill No. 54 was read the third time in full, motor vehicles, trailers, semi-trailers and motorcycle sidecars

Upon the passage of the bill the roll was called and the vote and providing penalties for the violation thereof. so as towas: provide for the exemption from the provisions of said chapter

Yeas-Mr. President; Senators Adams (25th), Adams any motor truck. trailer or semi-trailer owned and operated(30th), Beall, Butler, Clarke, Cliett, Collins, Cooley, Drum- exclusively by any charitable or character-building youthmond, Dye, Folks, Graham, Hinely, Home, Housholder, John- organization or movement organized and operated not forson, Kanner, Kelly, King, Lewis, Lindler, Maddox, Maines, Me- profit: and while being used exclusively for the carrying outKenzie, Perdue, Price, Shands, Shepherd, Shuler, Smith, Tay- of the purpose of said organization.lor, Ward, Whitaker, Wilson-=36. Was taken up in its order.

Bj Nays-None. -Senator King moved that the rules be waived and SenateSo the bill passed, title as stated, and the action of the Sen- Bill No. 3 be read the second time by title only.

ate was ordered to be certified to the House of Representatives Which was agreed to by a two-thirds vote.immediately, by waiver of the rule. - And Senate Bill No. 3 was read the second time by title

Senate Bill No. 10: only.A bill to be entitled An Act relating to mortgages or other Senator King moved that the rules be further waived and

instruments given by cooperative associations, as defined Senate Bill No. 3 be read the third time in full and put uponherein, for the purpose of creating liens on real or personal its passage.aloperty, or both, securing not only existing indebtedness but Which was agreed to by a two-thirds vote.

o future advances, whether obligatory or otherwise: provid- And Senate Bill No. 3 was read the third time in full.Ing for the priority of such mortgages or other instruments; Pnd Senato King moved tha the furte

d Providing when this Act shall become effective Pending roll call, Senator King moved that the furtherWas take n up in its order become effectiveconsideration of Senate Bill No. 3 be informally passed.

Weastakenor up In Its, o.1^ . Which was agreed to.Senator King moved that the rules be waived and Senate Semate Bill1No. on.Bill N. 10 be read the second time by title only. S enate Bill No. 90:Which was agreed to by a two-thirds vote. A bill to be entitled An Act amending Section 1285 RevisedAnd Senate Bill No. 10 was read the second time by title General Statutes of the State of Florida, as amended, and

only No. 10 was read the second time by title setting the motor vehicle license fee for motor vehicles usedSenator King oved that t r exclusively for the transportation of pupils to and from

Senate Bill NOnlOb. ed thea the rules be further waived and school; repealing all laws in conflict herewith and setting theIts Passage. - e read the third time in ful and put upon time for which this Act shall become effective.

Which was agreed t Was taken up in its order.And Senate Bill w a to-thirds vote. . Senator Kanner moved that the rules be waived and Sen-

N No. 10 was read the third time in full. ate Bill No. 90 be read the second time by title only.

92 JOURNAL OF THE SENATE April 18, 1941

Which was agreed to by a two-thirds vote. Also-And Senate Bill No. 90 was read the second time by title House Bill No. 122:

only. A bill to be entitled An Act providing that no motor vehicle

Senator Kanner moved that the rules be further waived shall be offered for sale, sold or exchanged which has beenand Senate Bill No. 90 be read the third time in full and in taxi cab, U-Drive-It or for hire service unless the certificate,aput upon its passage. of title has stamped upon it that such motor vehicle has been

~~~~~~put upon its passage. in such service and unless a notice is also affixed to the wind-Which was agreed to by a two-thirds vote. shield of such motor vehicle that it has been in such service,

And Senate Bill No. 90 was read the third time in full. and providing penalties for the violation hereof.

By unanimous consent Senator Kanner offered the follow- And respectfully requests the concurrence of the Senate

ing amendment to Senate Bill No. 90:ere.Strike out "1285" wherever it appears in the bill and insert .'Q Vr

the following: "1011" in each place. House of RepresentativesSenator Kanner moved the adoption of the amendment. Chief Clerk House of Represeontatied in the above message.

And House' Bill No. 120, contailaed in the above meSsage,Which was agreed to and the amendment was adopted. was read the first time by title only.

Senator Kanner also offered the following amendment to Senator Cooley moved that the rules be waived- and HouseSenate Bill No. 90: . Bill No. 120 be read the second time by title only.

In the title .strike out "1285" and insert the following: Which was agreed to by a two-thirds vote."1011 ." And House Bill No. 120 was read the second time by title

Senator Kanner moved the adoption of the amendment. only. Which was agreed to and the amendment was adopted. Senator Cooley moved that the rules be further waived and,

Upon the passage of the bill, as amended, the roll was Called House Bill No. 120 be read the third time in full and put upon

'and the vote was: its psaeYeas-Mr. President; Senators Adams (25th), Adams (30), Which was agreed to by a two-thirds vote.

Beall, Butler Clarke, Cliett, Collins, Cooley, Drummond, Dye, And House Bill No. 120 was read the third time in full.Folks'- Gideons, Graham, Hinely, Homrne, Housholder, Kan- Upon the passage of the bill the roll was called and the:ner ;Kelly King, Lewis, Lindler, Maddox, Maines, McKenzie, vote was:Parker, Perdue, Price, Shands, Shepherd, Shulei, Smith, Tay- Yeas-Mr. President; Senators Adams (25th). Adams (30th),2

blr, Ward, Whitaker Wison-3D . ', ', Beall, Butler, Clarke, Cliett, Collins. Cooley, Drummond.Dye,-Nays-None. ' : '. Folks, Gideons, Graham, Hinely,. Homrne, Housholder, Johnson,

So the bill passed, as amended, and was referred to the Kanner, Kelly, King, Lewis. Lindler, Maddox, Maines, Mc-Committee on Engrossed Bills. Kenzle. Parker, Perdue, Price, Shands, Shepherd, Shuler,' C

Senator Dye moved that the hour of adjournment be ex- Smith, Taylor, Ward, Whitaker. Wilson-37. -tended thirty (30) minutes. Nays-None.

Which was agreed to and it was so ordered. So the bill passed, title as stated, and the action of the

Senator Cooley moved that the rules be waived and the Sen- Senate was ordered to be certified to the House of Repre-ate do now revert to the consideration of messages from. the sentatives immediately, by waiver of the rule. House of Representatives. And House Bill No. 121, contained in the above message

Which was agreed to by a two-thirds vote. was read the first time by title only.

-MESSAGES FROM THE HOUSE OF REPRESENTATIVES _Senator Cooley moved that the -rules be waived and House Bill No. 121 be read a second time by title only.

The following Message from the House of Representatives Which was agreed to by a two-thirds vote. was received and read: - And House Bill No. 121 was read the second time bby title

Tallahassee, Florida, only. ---April 18, 1941. Senator Dye offered the following admendment to House '

Hon. John R. Beacham, Bill.,No. 121: .

President of the Senate. At end of Section 1 add, a comma" in lieu of the "period"Str: - -- and add the following "which filing is in lieu of all filing and,

I am directed by the House of Representatives to inform recording now required or authorized by law, and shall be the Senate that the House of Representatives has passed- ,effective as constructive notice when filed."

House Bill No. 120: Senator Dye moved the adoption of the amendment. '

A bill to be entitled An Act providing for the registration Which was agreed to and the amendment was adopted.and licensing of manufacturers, factory branches and fac- Senator Dye also offered the following amendment to ,tory representatives of motor vehicles: setting forth reasons House Bill No 121:for the denial, suspension or revocation of licenses: provid-ing for the denial, suspension or revocation of such licenses: In Section 3, line 5, (typewritten bill) strike out the words S

authorizing the Motor Vehicle Commissioner to make rules "without" and insert in lieu thereof the following: "at notand regulations, and providing for the enforcement of this to exceed fifty percent more than". tlAct and penalties for the violation therefor. Senator Dye moved the adoption of the amendment.

Also- Which was agreed to and the amendment was adopted. a:

House Bill No. 121: Senator Dye also offered the following amendment a]

,A bill to be entitled An Act providing for the recording in House Bill No. 121: , 4the office of the Motor Vehicle Commissioner of a sworn no- At end of Section 3, add: "The said commissioner is heretice of all liens for purchase money or as security for debts by authorized to furnish certified copies of such notices o bfon motor vehicles; providing that no such lien shall be en- satisfactions for a fee of $1.00 which certified copies shall seforceable as against creditors or subsequent purchasers with- be admissible in evidence in all courts of this State undeout notice unless such notice has been recorded in such office; same conditions and to same effect as certified copies. oiauthorizing the Motor Vehicle Commissioner to make rules other public records." : tand regulations for the enforcement of this Act and prepare Senator Dye moved the adoption of the amendment.form and books for such recording; providing the amount of Which was agreed to and the amendment was adopted. -lees to be charged; providing for the cancellation of such liens Senator Dye also offered the following amendment tO fupon payment and penalties for failure to cancel such liens HouSe Bill No 121: e ' *l i 9upon payment, and repealing all laws in conflict except Chap- co .ter-4918. Acts of 1901, known as Section 7866 C. G. L. 1927, Strike Section 7, and insert in lieu thereof the followingand Section-5663, Revised General Statutes. - "Sec. 7. -This Act shall take effect on August 1,- 1941."

April 18, 194-1 JOURNAL OF TE- SENATE 93Apri o -t

sn De moved the adoption of the amendment. Keller accepts said invitation and signifies ner ability to be

ih was T agreed to and-the amendment was adopted. present. very Respectfuly^T' rCo moved that the rules be waived and House BEN H. FUQUA

gi~nit5r cooey dtetidtm nfl n E . `QAna121 as AmeTgded, be read the third time in full and Chief Clerk House of Representatives.

St 130n- hIts passage; ,; .^;.. .And Senate Concurrent: Resoluuion No. 7, contained in-theW"hi was agreed to by a two-thirds vote. above message, was referred to the Committee on EnrolledAnd House Bil No. 121, as amended, was read the third Bills; -

Amein full - . The following Message from the House of Representatives

,ot the passage of the bill, as amended, the roll was called was received and read: Tallahassee lorida,tQ vqe ws- Taplahassee, Florida,

Mri . president. Senators Adams (30th), Beall, Butler, April 18th, 1941.Tcu e, Q et olliS, Cooley, Drumimorid, Dye, Folks, Gideons, Hon. John B. Beacham,

aGrkaa Hinely Horne, Housholder, Johnson, Kanner, Kelly, President of the Senate.King Lewis, Lindler, Maddox, Maines, McKenzie, parker, Sir: .--.. -

p*erdueg rie sqands, Shepherd, Shuler, Smith, Taylor, Whita- - ax mdirected by the House of Representatives to inform thewi4Lnerd - 5 Senate that the House of Representatives has passed by the

NaswSenator Ward-1. .required Constitutional two-thirds vote of all members of-theSo the bll' pased, as amended, and the action of the Sen- Hose of Representatives present on April 18, 1941, the Gov-

was ordered ocertified to the House of Representatives ernor-s objectionx to- the contrary notwithstanding:

immediately, by waiver of the rule. House Bill No; 548-(1939 Session):And House Bill No. 122, contained in the above message, A bill to be entitled An Act assenting to the provisions of

was read the first time by title only. the Act of Congress entitled "An Act to provide that the UnitedSenator Cooley moved that the rules be waived and House States shall aid the States in wildlife restoration projects and

Bill No. 122 be read the second tine by title onit other purposes," approved September 2, 1937, and prohibitingB No. 122 be read the second te by tithe only.e diversion of the funds accruing to the State of Florida

Which was agreed to by a two-thirds vote. from license fees paid by hunters for any purpose other thanAnd House Bill No. 122 was read the second time by title the administration of the Department of Game and Fresh

only, Water Fish of Florida.senator Cooley moved that the rules be further waived And respectfully requests the concurrence of the Senate

and House Bill No. 122 be read the third time in full and put therein.upon its passage. Very Respectfully,

Which was agreed to by a two-thirds vote. BEN H. FUQUA,

And House Bill No. 122 was read the third time in full. Chief Clerk House of Representatives.

Upon the passage of the bill the roll was called and the And House Bill No. 548 (1939 Session), contained in thevote was: S above message, was read by title together with -the following

Yeas-Mr. President; Senators Adams (25th), Adams (30th) objections thereto of the Honorable Fred P. Cone, formerBeall, Butler,' Clarke, Cliett, Collins, Cooley, Drummonc, Dye Governor of Florida:Folks, Gideons, Graham, Hinely, Home, Housholder, John- State of Floridason, Kanner Kelly, King, Lewis, Lindler, Maddox, Maines, REXECUTIVE DEPARTMENTMcKeenzie, Parker, Perdue, Price, Shands, Shepherd, ShulerTallahasseeSmith, Taylor, Ward, Whitaker, Wilson-37. Tallahasse June 9th, 1939.

Nays-None. Honorable B. A. Gray,So the bill passed, title as stated, and the action of the Secretary of State,

Senate was ordered to be certified to the House of Repre- Tallahassee, Florida.sentatives Immediately, by waiver of the rule. . . Dear Mr. Gray:

By unanimous consent Senator Dye withdrew Senate Bills Pursuant to authority vested in me as Governor of FloridaNos. 79, 81 and 84. under the provisions of Section 28, Article III of the Con-

Senator Shuler moved that a committee be appointed to stitution of this State, I transmit to you with my objectionsescort Honorable H. N. Walker, a former member of the thereto, House Bill No. 548:Senate- from the 5th Senatorial District, to a seat on the "A bill to be entitled An Act assenting to the provisionsrostrum. -of the Act of Congress entitled "An Act to provide that the

Which was agreed to. United States shall aid the States in wildlife restorationThe President appointed Senators Shuler, Maddox and projects and other purposes," approved September 2, 1937:

Hlousholder as the committee and prohibiting the diversion of the funds accruing to the

The f ollowin Message from the House of Representatives State of Florida from license fees paid by hunters for anywas received and read: purpose other than the administration of the Department

Tlae reorida, adreadof Game and Fresh Water Fish of Florida."Tallahassee, Florida, The bill is indefinite. It gives the Commission of Game

Zon. John R. Beacham, * . and Fresh Water Fish the power to protect the wild life ofPresident of the Senate Florida according to the rules and regulations made by thePSir: the S te* :Secretary of Agriculture of the United States.

B I am fdirected by the' H o to This bill does away with home rule and State rights andHoue. f eprsenatvestoinform anrurthe Senate that the Houseof Representatives adtoede ornform regulation promulgated by the Secretary of Agri-

Senate Ctharthe House of Representatives has adopted7culture would be mandatory upon the Game and Fresh WaterSenate Concurrent Resolution No. 7: Fish Commission of the State of Florida and when this was

WHEREAS, Doctor Helen Keller is in the State of Florida once approved the State of Florida would be powerless toand will be available to address a joint session of the Senate control its fresh water fish, game and wild life.and House of Representatives, on Tuesday, April 22, 1941, at prevents the transfer of any money or surplus funds

4 mo'lc PM. and, -.accruing to the Game and Fresh Water Fish CommissionbWHEREASt^8 a message irom Doctor Keller will be of utmost to any other Department of the State of Florida and if this bill

* - enefit to the members of the Senate and House of Repre- should become effective it would set a precedent for otherSentatives in vlew of her intimate knowledge of conditions Boards and Commissions, who have taxing authority. and

,applicable to, the blind and unfortunate people of the nation, the State of Florida would be powerless to use by transferNOW ' THEREFORE, BE IT RESOLVED by the Senate and any funds from the various Boards and Commissions, although

b JHIouse of Representatives concurring: the Constitutional departments of the State might be in

t cThat the Senate and House of Representatives do invite distress.DBoto Keller to address them in joint session in the House I do not believe that the Constitution would permit the

of4 R dpresntatives at 4:00 P. M. Tuesday afternoon, April 22, State Legislature to delegate to any Commission this powerB '. van iTthaat. the Senate and House of Representatives do and authority but such Commission .hould be submissive toconv-ene in joint session at said time and place, if Doctor the Constitutional Officers of the State.

"4 JOURNAL OF THE SENATE April 18,' 1941

The State is now and has been for two years, with its Which 'was agreed to.public charges. embarrassed for the want of funds for their Anid the Senate went into Executive Session at 1:21 o'clockcare and maintenance- when many Boards and Commissions p. M.who have taxing nowers. have nienty of money in the Treasury Th eaeemegdfo ExctvSsinat13o'lktd spend- as they see fit snd quite often -intend it for useless P M. and resumecd its Session.things, yet the Constitutionnl Departmonts of the Stste aresuffering for the want of fundsq and the dependent charges The roll was called and the following Senators answered tosuch as convict-, blind insane and others are without funds teinmsfor ordinary care and mainteniAnce. .. Mr. President; Senators Adams. (25th), Adams (3Oth, Beall,

For he oreging reaons I vto ouseBil No.548 atButler, Clarke, Cliett, Collins. Cooley, Dtuxnmnond, Dye, Folks,For he oreoin reson. Ivet Hose illNo.548 a~ Gidleons, 3raham. Hinely. Home. Housholder, Johnson,. San-

passed by -the 1939 Legislature nef Kelly,T King, Lewis, Lindler, Maddox, Mvaines, 'McKenzie,Respectully sumitted.Parker, Perdue, Price. Shands, Shepherd, Shuler Smith, taylor,

'FRED P. CONE, WrWiaeWlo-7cGovernor. WrWiaeW~o-7

Pending consideration of House Bill No. 548 (1939 Session) AqurmpentSenator Shuler moved that the further consideration thereof Senator Dye moved that the Senate do now adjourn.be informally Passed. Which was agreed to.

Which was agreed to. And the Senate stood adjourned at 1:33 o'clock P. M.,Senator Lewis moved that the Senate do now proceed to until 4:00 o'clock P. M., Monday, April 21. 1941.

the consideration of Executive Communications.

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