Ordinances of the Constitutional

Convention of 1885

ORDINANCE NO. 1

Section 1. This Constitution shall be submitted to the people of the State of Florida for ratification on the first Tuesday after the first Monday in November, A. D. 1886, and it shall require a majority of the votes cast upon the question to determine its ratification or rejection.

Section 2. At such an election each qualified elector shall express his assent or dissent, by having written or printed upon the ticket which he shall vote the words, "For the Constitution," or "Against the Constitution;" such election being subject to the same regulations and restrictions. as are now prescribed by law. And in case of its ratification by the people, the Governor shall forthwith cause proclamation to be made of the fact, and it shall go into effect on the first day of January, A. D. 1887.

ORDINANCE NO. 2

Section 1. Article XIX shall be submitted to the people, when the Constitution is submitted for ratification, to become a part of the Constitution, if adopted by a majority of the votes cast upon the question, and the ballots of those voting on this article shall have written or printed on them the words "For Article XIX," or "Against Article XIX."

ORDINANCE NO. 3

Be it Ordained by the People of Florida, Represented in Constitutional Convention:

Section 1. The pay of the members of this Constitutional Convention shall be a per diem for attendance of six ($6.00) dollars a day in addition to mileage of ten cents a mile, each way, from their places of residence to the capital and return, estimated by the shortest thoroughfare.

ORDINANCES

Section 2. The pay of the secretary and assistant secretary of the convention and all the clerks elected by the convention shall be six ($6.00) dollars per diem each, allowing the secretary and assistant secretary one day after adjournment to complete unfinished business; all committee clerks shall receive five ($5.00) dollars per diem for the number of days certified by the chairman of the committee; the pay of the sergeant-at-arms shall be six ($6.00) dollars per diem, and the assistant sergeant-at-arms shall be five ($5.00) dollars per diem; the pay of the messengers of the convention shall be four ($4.00) per diem each; the pay of the doorkeeper shall be five ($5.00) dollars per diem; the pay of pages shall be three ($3.00) dollars per diem each; the pay of the janitor shall be two ($2.00) dollars per diem; the pay of the chaplain shall be one hundred dollars. The recording clerk shall complete his work after the adjournment of the convention, under the supervision of the secretary of state, and shall be paid for the same fifty dollars when his work is completed. Eighteen dollars shall be paid W. R. Carter for services as assistant secretary for three days. Messrs. Dorr and Bowen shall be paid for printing the amount approved by the committee on printing, certified by the president and secretary of the convention.

Section 3. The Comptroller is required to draw his warrant on the treasurer in favor of the officers and employees of this convention for the full amount allowed them by section two, and to each delegate of this convention for his pro rata share of the amount appropriated by the legislature, after deducting from said amount the amount due said employees and all other expenses, including mileage of members, incurred by this convention.

Section 4. The president is authorized on behalf of this convention to issue certificates signed by himself and countersigned by the secretary to each of the members, payable to himself or his order, bearing interest at the rate of eight per cent. per annum from date, for the amount remaining due on account of the deficiency of the legislative appropriation for expenses of this convention.

Section 5. The legislature shall make an appropriation at its next session to pay said certificates.

Section 6. Be it further ordained, That the secretary of this convention be and he is hereby authorized to audit the accounts of the members and all other expenses.

Done in open convention, at Tallahassee, this third day of August, A. D. eighteen hundred and eighty-five, and of the independence of the United States the one hundred and tenth

year.

J. E. YONGE, First Vice-President.
WM. H. REYNOLDS, Secretary Convention.

Constitution of the State of Florida

ADOPTED BY THE CONVENTION OF 1885,
AS AMENDEed.

PREAMBLE

We, the People of the State of Florida, grateful to Almighty God for our constitutional liberty, in order to secure its blessings and to form a more perfect government, insuring domestic tranquility, maintaining public order, and guaranteeing equal civil and political rights to all, do ordain and establish this Constitution.

DECLARATION OF RIGHTS.

Section 1. All men are equal before the law, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing happiness and obtaining safety.

Chapter 4173, Acts 1893, authorizing the recovery of reasonable attorneys' fees against life and fire insurance companies in suits upon policies is not in contravention of this section. Tillis v. L. & L. & G. Ins. Co., 46 Fla. 268, 35 So. 171.

A lawful governmental regulation of the service of common carriers though it may be a burden is not a violation of constitutional rights to acquire, possess and protect property. State v. F. E. C. Ry. Co., 57 Fla. 522, 49 So. 43.

The constitutional right of "acquiring, possessing and protecting property" is not infringed by valid governmental regulations of the use of property emploved in rendering a public service. King Lumber & Mfg. Co. v. A. C. L. Ry. Co., 58 Fla. 292, 50 So. 509.

A statute regulating the transportation by a carrier of lumber or timber on "cars belonging to such carrier." does not deny to the carrier the constitutional right of "acquiring, possessing and protecting property." Ib.

A statute will not be said to offend against the equal protection clause of the State Constitution merely because it permits a recovery of interest and attorney's fees by the shipper if he succeeds, and secures no such right to the carrier in the event it prevails. A. C. L. R. R. Co. v. Coachman, 59 Fla. 130, 52 So. 377.

The burden of just and reasonable regulation is an incident to the service undertaken by the common carrier, and such burden is not a denial or deprivation of property rights secured by the State Constitution. State v. A. C. L. R. R. Co., 60 Fla, 465, 54 So. 394.

The burdens of lawful governmental regulations are assumed by common carriers in undertaking to render the public service, and such burdens are not invasions of property rights. State v. L. & N. R. R. Co., 63 Fla. 274, 57 So. 673.