The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-05-05
SENATE HEARS ARGUMENT
ON FRANCHISE TAX BILL

Mr.. Dormon of Suwannee introduced
a constitutional amendment in the
house providing for the removal of
the state capital to Live Oak
The principal debate in the house
was in the afternoon, on the bill in
troduced by Mr.. Clarke of jefferson,
prohibiting fraudulent contract for The
performance of labor and services in
return for money advanced, or other
thing of value. The main difference
between the bill and the present Law
is in the rule of evidence proposed,
which provides that the making of
contract, the receipt of money upon 1t,
and the failure to perform the con-
tract, presumptive evidence of fraudu-
lent intent, and putting upon the de
PENDANT the burden of proving that
the intent was not fraudulent. The
object of the bill is clearly TO protect
farmers and other employers from the
jumping of contracts, but Mr.. Reese
of Escambia, who is assistant district
attorney of the u. S. court of the
Northern District of Florida, has had
considerable experience in the prose-
cUtion of peonage cases, made All ~
gUment pointing out the dangers OF
the bill which while strong did not ap-
pear to be particularly convincing, as
his motion to postpone the bill in
definitely was voted down almost
unGI imously, though the passage of
the bill, in the light of past accom-
plishments of the gentleman from Is
caIhbia in leading foriorn hopes
against legislation to which he was
strongly opposed. leaves it an open
question as to whether his position
has been taken by the enemy, or
81 f1r.
cited 1T the course of his speech a
number of instances that have come
under his personal observation show
ing that under similar laws poor
people. both negroes and white. nave
been arrested and not being able to
fight the cases in the courts, have
been compelled to enter into contracts
with employers that reduced chem
practically to a state of slavery He
also questioned the constitutiOnality
OF the act very seriously, but Mr..
Clarke author of the bill, defended
its legality, and also the merits of the
law as proposed. Mr.. Pettigrew OPP
posed it on the ground that it was
bill for the protection of the rich and
powerful against the poor and power
less. and he could not see the neceS-
sity for this Mr.. Willis of Levy. and
Mr.. MacWilliams of St Johns defend
ed the bill, as did Mr.. Faulkner CT
Taylor, who evolved the somewhat re-
MAJ kable principle of craftsmanship
thai Ito say a bill is unconstitutional
is about the poorest argument that
can be used against it," the gentle
from Taylor being a believer in the
theory that it is better not to cross q
bridge until you come to it.
The senate held a short executive
session yesterday afternoon, adjourn
ing until $3.50 Monday afternoon. N
the executive session. which was or
dered OH motion of Mr.. Beard of the
second, the governors suspension of
J. NJ. Andrews, chairman of the
Board of County Commissioners of
Escambia county, who is under
charges of grave offenses, was 'us-
tanned unanimously. The house ad-
journed just before five o'clock until
ten this morning, though tO-day's
work will be mainly routine.
Col. T J. l. Brown, president of the
state fair association, is feeling great
ly encouraged over the prospects of
the bill introduced in the senate by
Mr.. Crane and in the house by Mr..
Dudley of Hillsborough, for renewing
the $4,000 annual appropriation 10
the Tampa fair. The senate commit
tee on appropriations yesterday rec
commended the bill favorably with
only one dissenting vote, and the
house committee will report 1t this
morning. not a single member Of tue
committee being opposed to the DILL.