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passage and approval by the Governor.
Approved June 3, 1907.



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LAWS OP FLORIDA. 103

CHAPTER 5619— (No. 24) . 1907.



AN ACT Requiring Railroad Gompaniefi and Terminal
Ck>mpanies to Furnish Separate Waiting Rooms and
Ticket Windows for White and Colored Passengers
at Depots Along Their Lines of Railways, and Con-
ferring Upon the Railroad Conunissioners of the State
of Florida Certain Powers and Duties in Relation
Thereto.

Be It Enacted by the Legi^latvA^e of the State of Florida :

Section 1. ^hat all railroad companies and terminal separate ac-
companies in this State are required, within six months ^<5S™^xS^"
after the passage of this act, to provide separate waiting <vi^red.
rooms and ticket windows of equkl accommodation for
white and colored passengers at all depots along lines
of railway owned, controlled or operated by them, and
at terminal passenger stations controlled and operated by
them.

Sec. 2. That the Railroad Commissioners of the State Power of
of Florida are hereby authorized to require the building coSSSssion-
or alteration of any and all passenger depots and terminal «"•
stations in this State, in such manner as to secure the
separation of white and colored passengers, as required
by this act, but said Commissioners may for good cause
shown extend the time for the building or alteration of
any such depot for such time as may appear to them
reasonable. Said Commissioners shall have power to pre-
scribe all necessary rules, orders and regulations necefii% .
sary to carry this act into effect.

Sec. 3. If any railroad company or terminal company
in this State shall refuse to comolv with anv provision
of this act, or to comply with any rule, order or regula-
tion provided or prescribed by the Railroad Conmiission-
ers under the authority of this act, such company shall
thereby incur a penalty for each such offense of not more penalty.
than 15,000.00, to be fixed, imposed and collected by
said Railroad Commissioners in the manner provided
by law.



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104 LAWS OF FLORIDA.

1907. Sec. 4. This act shall take effect upon its passage and
approval by the Governor.



J^^act ef- Appj,^^^^ j^y ^5^ ;^9Q7



CHAPTER 5620— (No. 25).

AN ACT Authorizing the Railroad Commissioners of the
State of Florida to Employ Special OonnseL

Be It Enacted by the Legislature of the Stgie of Florida:

Authority to Section 1. The Railroad Commissioners of the State
Sf^uiSeL of Florida are hereby authorized to employ special counsel
to advise them and to conduct any or all litigation or pro-
ceeding of any character instituted by or against them,
and such special counsel shall be paid such compensation
as said Commissioners deem proper out of the funds avail-
a,ble for the maintenance of the Railroad Commission.

coaduot of Sec. 2. All suits instituted by the Railroad Commis-

tSSSt'^^' fiioii^rs through special counsel shall be conducted as now

provided by law, and it shall be the duty of the Attorney

General or any State Attorney to join in any such suit

when requested to do so by said Commissioners.

wbMi act ef- Sec. 3. This act shall take effect upon its passaire and



foeltTB.



approval by the Governor.
Approved May 10, 1907.



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LAWS OF FLORIDA. 105

CHAPTER 5621— (NO. 26). 1907.



AN ACT to Prohibit the Giving of a Rebate, Special Rate,
or Drawback, by any Common Carrier, or any OflBcer,
Agent, or Employe Thereof, Doing Business in the
State of Florida; op the Receiving of Same by any
Person, Persons or Corporation.

Be It Enacted hy the Legislature of the State of Florida :

Section 1. That if any common carrier, engaged in
business as such in the State of Florida, or any ofiicer,
agent or employe thereof, shall, directly or indirectly, by
any special rate, rebate, drawback, or other device, ^^J^^JJjJJj^
charge, demand, collect, or receive from any corporation, unlawful.
person or persons, a greater or less compensation for any
service rendered, or to be rendered, in the transportation
of passengers or property, than such common carrier
charges, demands, collects or receives from any other
corporation, person or persons for doing it, or him or her
or them, a like and contemporaneous service in the trans-
portation of a like kind of traffic, under substantially
similar circumstances and conditions, such common car-
rier, officer, agent, or employe, shall be guilty of unjust
discrimination, which is hereby prohibited and declared
to be unlawful. And it shall be unlawful for any corpo-
ration, person pr persons, to receive any sum of inoney,
rebate, or other thing of value, directly or indirectly, that
is prohibited to be given, charged, demanded, collected or
received by this act.

Sec. 2. Any common carrier or corporation violating
any provision or provisions of Section one of this act,
shall, upon conviction thereof by a court of competent
jurisdiction, be fined not less than one thousand dollars, ^
nor more than twenty-five thousand dollars, and any
officer, agent or employe of such corporation, or any other
person violating the provisions of this act, shall, upon
conviction by a court of competent jurisdiction, be deemed
guilty of a felony and confined in the State prison for a Penalty.
term of not exceeding five years.

Approved May 27, 1967.



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106 LAWS OP FLORIDA.

1907. CHAPTER 562^— (No. 27) .



AN ACT Relating to the Powers and Dnties of the Rail-
road Commissioners with reference to the condition
and Value of the Physical Properties and Equipments
of Railroad Companies, and other Common Carriers.

Be It Enacted hy the Legislature of the Staie of Florida:

Railroad Section 1. It shall be the dntv pf the Railroad Com-

S?t"iS{SSyM>issioners of the State of Florida, and they are hereby
inepector. empowered to employ a competent inspector to inspect
the physical condition of the roadbed, rights of way,
tracks, depot, rolling stock and other fixtures and equip-
ment of any railroad or railroads being operated wholly or
in part in the State of Florida, and to investigate and
make estimate on cost of reproducing the same.

compenaa- Such inspector shall be paid such compensation as said
duty*c?Mn- Commissioners deem proper out of the funds available fop
flpector. the maintenance of the Railroad Commission, and he shall
report in writing the result of his inspection, investiga-
tions and estimations to the said Commissioners at such
times end in such manner as they shall direct.

Commission- Sc( . 2. It shall be the duty of said Railroad Com-
riues!^ ™^* missi oners, and they are hereby empowered to make and
adopt reasonable rules and regulations requiring rail-
road companies and other common carriers operating
railroads wholly or in part in the State of Florida to
maintain the roadbeds, rights of way, tracks, depots, roll-
ing stock, and other fixtures and equipment of such rail-
way lines within the State of Florida in a safe and
pro])er condition.

Commission- Sec. 3. Said Railroad Commissioners shall require ^11
q3r«*^sa?e railroad companies operating railroads, either in whole op
Bwitches. in part within this State, to construct and maintain all

their switches and switching devices in a safe mannep

and condition.

Sec. 4. If any railroad company, or other common
carrier, operating a railroad wholly or in part in this
State, shall refuse to comply with any rule, order or regu-
lation provided or prescribed by the Railroad Commis-



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LAWS OF FLORIDA. , 107

fiioners under the authority of this act, or Bhall otherwise 1907.
violate any of the provisions of this act, such company
or common carrier shall thereby incur a penalty for each ^®"^"y-
Bucti offense of not more than five thousand (f 5,000.00)
dollars, to be fixed, imposed and collected by said Bail*
road Commissioners in the manner provided in section
2908 of the General Statutes of the State of Florida.

Sec. 5. All laws and parts of laws in conflict with the conflicting
provisions of this act are hereby repealed. **^*'

Sec. 6. This act shall take effect upon its passage and
approval by the Governor.

Approved May 27, 1907.



CHAPTER 562a— (No. 28).

AN ACT To Impose License Taxes on Railroad Com-
panies.'

Be It Enacted hy the Legislature of the State of Florida:

Section 1. Any railroad company doing business in License
this State shall pay annually on the first day of October JSro^
to the Comptroller of the State a sum equal to ten dollars companiea.
for each and every mile of its railroad tracks in this
State, including branches, switches, spurs and sidetracks.
as shown by the last assessment of the said railroad com-
pany for property taxation, as a license tax, one-half of
which amount shall be paid into the State Treasury, and
one-half of which amount shall be distributed immedi-
ately by the Comptroller to the various counties in which
such railroad may be located, proportioned to the amount
of railroad trackage in each county, which license tax
shall be in lieu of all other State and County license taxes
on said railroad companies.

Sec. 2. Any city or town hereinafter described is city or town
hereby authorized to impose upon any railroad company uSinTO Haxei



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I
108 » LAWS OP PLOBIDA. I

1907. whose tracks extend into or through its corporate limits
a license tax not exceeding the sums following: Muniei-



^Sadii. ' palities of twenty thousand inhabitants or more, two
hundred and fifty dollars; those of fifteen thousand to
twenty thousand inhabitants, one hundred and fifty dol-
lars; those of ten thousand to fifteen thousand inhabi-
tants, one hundred dollars; those of five thousand to ten
thousand inhabitants, seventy-five dollars; those of three
thousand to five thousand inhabitants, fifty dollars, and
those of one thousand to three thousand inhabitants,
twenty-five dollars; those of five hundred to one thou-
sand inhabitants, fifteen dollars; those of less than five
hundred inhabitants, ten dollars.

Population Fop the purposes of this section, the population of any
such municipality shall be held to be that shown by the
last official census, whether of the United States or of
this State, or by any later census which may be taken as
now provided by law.
Approved June 3, 1907.



"' i
CHAPTER 5624— (No. 29).

■I i
AN ACT To Amend Section 2910, Chapter V. of the

General Statutes of the State of Plorida, Relative to
the Power of the Railroad Commission to Sue in Behalf
of Individuals and the Time in Which Certain Suita
€;hall be Brought.

Be It Enacted hy the Legislature of the State of Florida :

Section 1. That Section 2910 of Chapter V. of the
General Statutes of the State of Plorida be, and the
same is hereby amended to read as follows :

SS"S'7n?tT. Sec. 2910. Power To Sue in Behalf of Individuals.—
iSiSiSSi' If If ^Dv railroad, railroad company or other common cap-

ceedingrs if . v. . , . • i,. ^. . «.i. ....

requested, rier domg busiuess m this State, shall, m violation or
disregard of any rule, rate or regulation, provided by the
Commissioners aforesaid, inflict any wrong or injury on
any person, it shall be the duty of the Railroad Commis-
sioners, if requested by such injured person, to institute



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LAWS OP FLORIDA. 109

proceedings to compel restitution, and to enforce the pen- 1907.

alty incurred in any court having jurisdiction, and such —

action by the Railroad Commission shall preclude settle-
ment by the party or parties injured without the consent
of the Ck>mmission. And if any railroad company or
common carrier shall discriminate, by way of rebate or Right of ac-
otherwise, directly or indirectly, in favor of any consignor count °5 mS"
or consignee of freights within this State, or allowing crimination.
him a reduction of the rate fixed by said CJommissioners
as reasonable and ju^t, any other consignor or consignee
of freights within this State shall have a right of action
against the said railroad company or common carrier,
and the amount of his damages shall be fixed by a jury,
unless a jury shall be waived, and the measure of dam-
ages shall be such sum or sums of money as will fairly
compensate the injury done to said last mentioned con-
signor or consignee. But in all such cases demand in
writing on said railroad, railroad company or common Demands to
carrier shall be made for the money damages sustained ^uSgfiifia
before suit is brought for recovery under this section, and months.
all suits under this chapter shall be brought within twelve
months after the commission of the alleged wrong or
injury, except in cases where the Railroad Commissioners Exception.
have heretofore been, or shall hereafter be, by the refusal
of such railroad or common carrier to observe the rates,
rules, schedules or regulations, and in such cases, suits*
for such loss, damage or penalty may be brought within
twelve months after the termination of such suits in favor
of the Railroad Commissioners.

Sec. 2. This act shall take effect upon its passage and
approval by the Governor.
Approved June 3, 1907.



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110 LAWS OP FLORIDA.

1907. CHAPTER 5625— (No. 30) .



AN ACT To Amend Section 2887 of the General Statutes
of the State of Florida, Relating to the Holding of
Sessions of the Railroad Commissioners, and Expendi-
tures by them.

Be It Enacted by the Legislature of the State of Florida i

Section 1. That Section 2887 of the General Statutes
of the State of Florida be amended so as to read as
follows :

seBsions and Sec. 2887. Clerk of Commissioners and His Salary
Suroad "'^^* and Place of Meef ing. — Said Commissioners may employ
coini^ssion> a clerk at a salary of not more than f 1,500.00 per annum.
The office of said Commissioners shall be at the capitol
at Tallahassee, but they may hold sessions anywhere iu
the State at their discretion, and all such sums of money
authorized to be paid on account of said Commissioners
shall be paid out of the State Treasury, only on the order
of the Comptroller, countersigned by the Governor, not
exceeding the sum of f 25^000.00 per annum.

Sec. 2. This act shall take eflPect the Ist day of July,
1907.
Approved June 3, 1907.



ers.



CHAPTER 5626— (No. 31).

AN ACT To Require Express Companies Doing Business
in this State To Post Schedules of Rates and to Weigh
All Articles Received by such Companies for Shipment
by Express, or Delivered by such Companies, such
Articles Having Been Received by Elxpress, and Provid-
ing a Penalty for the Violation Thereof.

Be It Enacted hy the Legislature of the State of Florida :

Section 1. That every express company doing business
in this State shall have x>osted in a conspicuous place »



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LAWS OP FLORIDA. Ill

easily accessible to the public, at every place where arti- 1907.

cJes are received by such company for shipment by '

€ipress, or delivered by such company, such articles hav- pog™|^cheduie
ing been received by express, a schedule of rates, plainly and wei^rh
printed; and that all such articles shall be weighed on**"**^*®"*
demand of and in the presence of the consignor or con-
ttgnee, his servant or agent, on standard scales to be furn-
ished by the express company, and that no charge greater
than that si)ecified in the posted schedule shall be made
hy Bnch express company.

Sec. 2. That any express company doing business in P^^^aity.
this State violating, failing or refusing to comply with
the provisions of Section one of this act shall be deemed
guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not less than twenty-flve
dollars. Every day of such violation, failure or refusal Bach day a
shall constitute a separate and distinct offense. S^nST** *^''

"Provided, however. That if such violation be ' an Proviso.
excessive charge for transjiorting or carrying any arti-
cle or thing, and within fifteen days after demand at the
place where paid such excess over the proper charge be
returned to the party paying the same, then the penalty
or forfeiture above provided shall not be enforced."

Sec. 3. That all laws and parts of laws in conflict S?^^^*"^
herewith be, and the same are hereby repealed.

Sec. 4. This act shall go into effect sixty days from when^act ef-
the day upon which it shall become a law.
Approved May 27, 1907.



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112 LAWS OF FLORIDA.

1907. CHAPTER 5627— (No. 32) .



AN ACT Providing that Express Companies Shall Trans-
port Packages of Merchandise, not Weighing over Five
Pounds, of the Value of not More Than Fifty Dollars,
Anywhere in the State not Exceeding Two Hundred
Miles, for Twenty-five Cents, and Prescribing a Penalty
for a Violation Thereof.

Be It Enacted by the Legislature of the State of Florida:

Express rate Section 1. That any express company doing business
pounds 200 in the State of Florida shall transport and carry any
miles. package of merchandise not weighing over five pounds, of

the value of not more than fifty dollars, from point to
point in this State not exceeding two hundred miles, for
the sum of twenty-five cents, and shall charge no more
for the transportation of the same.

Penalty. gee. 2. That any express company, its agents, or

employee who shall violate the provisions of Section 1 of
this act, and collect more than the amount as prescribed,
shall, upon conviction, be punished by a fine not exceeding
five hundred dollars, or by imprisonment not exceeding
six months.

When act ef- ^^' 3. That this act shall go into effect and be in full
fective. force on and after sixty days after its passage and
approval by the Governor.
Approved June 3, 1907.



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LAWS OF FLORIDA. 113

CHAPTER 5628— (NO. 33) 1907.

AN ACT to Fix a Penalty and Other Liabilities upon any
Telegraph Company Owning or Operating a Telegraph
line or Lines Wholly or Partly in this State, and
Engaged in the Tl*ansmi8sion of Messages for a Consid-
eration, for the Negligent Failure Promptly to Trans-
mit and Deliver to the Addressee any Message Received -
by it or by any of its Agents or Employees for Trans-
mission, and to Fix a Rule of Evidence in Actions to
Becover same.

Be It Enacted hy the Legislature of the State of Florida :

Section 1. That any telegraph company owning or op-
erating a telegraph line or lines wholly or partly in this
State, and engaged in transmitting messages for a con-
sideration, who shall negligently fail promptly to
transmit and deliver to the addressee, any message re-Penaitr *•>
ceived by such company or by any of its agents or em- ^5S5*t#**'
ployees for transmission, shall be liable to the sender of tranrntt
such message in a penalty for fifty (150.00) dollars, and ™*"*
in addition thereto, shall be liable to both the sender and
to the addressee of such message for all damages which
they or either of them may sustain in consequence of such
negligent failure promptly to transmit and deliver any
message so received for transmission as aforesaid, andi
the company shall not be relieved from such penalty or
liability by any stipulation or notice to the contrary;
Provided, That the provisions of this section relative tOproviaoL
the delivery of messages shall apply only to deliveries
in incorporated cities and towns.

Sec. 2. The failure promptly to transmit or to pre^qnMtfii
deliver to the addressee any message so received for trans- negu«wi©ac
mission as aforesaid shall be presumed to be due to the
negligence of the company accepting such message for
transmission until the contrary shall be made to appear^.

Sec. 3. That any person recovering the penalty herein AttonMiy*^
specified or any damage under this act, shall be entitled ^®^
to recover in addition thereto, ten (10 p. c.) per cent, of
the amount so recovered as attorneys' fees.



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lU LAWS OF FLORIDA.

1907 Sec. 4. This act shall take effect from and upon its

passage and approval by the Governor.

^^en^act ef- ^pp^^^^^ ^g^y 27, 1907.



CHAPTER 5629— (No. 34).

AN ACT to Fix a Penalty and Other Liabilities upon
any Telegraph Company Owning or Operating a Tele-
graph Line or Lines Wholly or Partly in This State
Engaged in the Transmission of Messages, for a Con-
sideration, for the refusal of such Company, its Ai^ents
or Employees to Receive any Message Tendered to it or
to any of its Agents or Employees, Together with the
Usual Charges for the Transmission of such Messages
at any Office or Place where such Messages are Usually
Received for Transmission, During the Usual Hours
in which Messages are Received at Said Office or Place
for Transmission to the Destination to which the Mes-
sage so Refused is Addressed, and to Prescribe a Rule of
Evidence in Actions to Recover Same.

Be It Enacted by the Legislature of the State of Florida:

Section 1. That any telegraph company owning or
operating any telegraph line or lines wholly or partly in
this State and engaged in transmitting messages, for a
consideration, who shall refuse to receive for transmis-
sion any legible message tendered to it or to any of itf
agents or employees for transmission at any office or
place where such messages are usually received for trans-
mission during the usual hours in which messages are
received at such office or place for transmission to the
destination to which the message so refused is addressed,
Provided, Such destination is a place to which messages
are usually transmitted, together with the usual charge
f Aurif ^^^ for the transmission of such a message, shall be liable to
the sender and addressee of such message in a penalty
of fifty (150.00) dollars, and in addition thereto shall
be liable both to the sender and to the addressee of such



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I-



LAWS OP FLORIDA, 115

message for all damages which they or either of them may 1907.
Bostain in consequence of the refusal to receive, transmit
and deliver such message unless it shall be made to &PP^ft^ naue^r
that the line or lines over which such message shoidd bedamagea.
transmitted is or are in such condition that such message
could not be transmitted by means thereof, and the bur-
den of showing such a condition of said line or lines shall
be upon the company.

See. 2. That any person recovering the penalty herein
specified or any damage under this act shall be entitled
to recover in addition thereto ten (10 p. c.) per cent, of
the amount so reco^nered as attorneys' fees.

Sec. 3. This act shall take effect from and upon its
passage and approval by the Governor.
Approved May 27, 1907.



CHAPTER 5630— (No. 35).

AN ACT To Appropriate the Sum of One Thousand
Dollars, or so Much Thereof as may be Necessary, for
the Use of the Joint Committee the Senate and House
Appointed To Investigate the Transactions of the Inter-
nal Improvement Board.

Be It Enacted hy the Legislature of the State of Florida :

Section 1. That there is hereby appropriated the sum Appropria-
of one thousand dollars, or so much thereof as may be ^^'
necessary, for the use of the joint committee of the Sen-
ate and House appointed to investigate the transactions
of the Internal Improvement Board.

See. 2. That the Comptroller is hereby directed to g'SS^^'Srw
draw his warrant in favor of H. H. Buckman, Esq., Chair- rant.
man of the Joint Committee, for said amount in such
roms and at such times as the Chairman of the Joint
Committee shall request, and the State Treasurer is
kereby directed to pay the same.

Sec. 3. That all laws and parts of laws in conflict Swa'^""'



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116 LAWS OF FLORIDA.

1907. with the provisions of this act be, and the same are hereby

^ repealed.

2ctiv/°* «'- Sec. 4t. This act shall take effect immediately ui>on its
(passage and approval by the Governor.
Approved May 1st, 1907.



CHAPTER 5631— (No, 36i).

AN ACT Directing the Trustees of the Internal Improve-
ment Fund of Florida to Construct a Lock Across Lake
Hicpochee Canal and Making an Appropriation for
the Same.

Whereas,' during the rainy season of each year the over-
flow from Lake Okeechobee into the Oaloosahatchee
•River through Lake Hicpochee Canal causes great dam-
age to the whole Oaloosahatchee Valley;

And whereas, it has been definitely settled by competent
authority that the erection of a lock across Lake Hicpo-
chee Canal at or near the Lake Shore, with a levee on
each side of said lock, would prevent the annual inunda-



Online LibraryFloridaActs and resolutions adopted by the Legislature of Florida → online text (page 14 of 80)