freights.

a terminus west

consent of cer

SEC. 43. The Jacksonville, Pensacola and Mobile Railroad Rate of freight Company, the Florida Railroad Company, and all companies for State organized under an act entitled An act to Provide for and Encourage a Liberal System of Internal Improvements in the State, shall be bound to transport freight for the State at half the usual rates, except in time of war, when the charge for freights shall not exceed 25 per cent. over actual cost. In consideration of this liability and of the undertaking by the No road having company to build the road herein contemplated, no railroad of Quincy shall competing with this road for passengers or freight, which has be built without its terminus west of Quincy, shall be hereafter built or author- tain other roads ized within this State without the consent of the owners of a majority of the stock in interest of this and all other railroad companies, any part of whose road is now completed or authorized to be completed, nor without such consent shall any railroad be authorized to cross or connect tracks, or continue such connection with said Jacksonville, Pensacola and Mobile Railroad: Provided, That it shall be the duty of the said Jacksonville, Pensacola and Mobile Railroad to connect tracks with any roads which may be made from Apalachicola or St. Andrews bay to the main line of the road of said company: Provided further, This shall not be so construed as to prevent the running of a branch from some point on said road to strike Choctawhatchie bay between the mouth of Choctawhatchie river and Boggy bayou. (9)

SEC. 44. The Jacksonville, Pensacola and Mobile Railroad May own and Company, the Florida Railroad Company and the Pensacola run steamships. and Louisville Railroad Company, shall have power to own and run steamships and other craft to and from any of the ports of Florida, and may enter or depart with or without pilots, and likewise in any of the navigable waters within the jurisdiction. of the State. (q)

SEC. 45. Said Jacksonville, Pensacola and Mobile Railroad May construct bridges proCompany shall in the construction of said railroad have the vided with right to build and construct all bridges necessary to cross any draws. and all rivers, but in crossing navigable rivers suitable draws shall be constructed to admit the passage of all steamboats and other water craft usually navigating such rivers, which draws shall always be kept in good order and ready to be opened whenever necessary. (q)

and character

SEC. 46. The gauge of said railroad shall be uniformly five Gauge of road feet, and the iron rail to be used shall weigh not less than fifty- of road. four pounds per lineal yard, and the said railroad shall in all

SEC. 47. Section 6 of an act entitled an act to alter and Acts altered amend an act entitled An act to Perfect the Public Works of and amended. the State, approved June 24, 1869, said act of which this act is amendatory, being approved by the Governor January 28, 1870, which said section 6 reads as follows: Sec. 6. That section 20

(q) Secs. 16, 17, 18 and 19, Chap. 1716, Act of June 24, 1869.

Enlarging time for com. pletion.

Repeal.

Shall provide

class cars.

Accommoda

tions to be furnished accord ing to classifica

of said act entitled An act to Perfect the Public Works of the State, which reads as follows: Sec. 20. That said railroad shall be completed from Quincy to the Apalachicola river by the first day of January next, and the whole line within this State shall be completed within three years from the passage of this act, be so altered and amended as to read as follows: That the said railroad shall be completed from Quincy to the Apalachicola river by the first day of July, A. D. 1870, and the whole line within this State shall be completed within five years from the passage of this act, otherwise all chartered rights vested in this act shall be forfeited to the State, be so altered and amended as to read as follows: That the said railroad shall be completed from Quincy to the Apalachicola river by the first day of January, A. D. 1871, and the whole line within this State shall be completed within five years from the 28th of January, 1870, otherwise all chartered rights vested in this act shall be forfeited to the State. (r) All laws and parts of laws conflicting with the true intent and meaning of this act, which is to extend the time of completing the railroad from Quincy to the Apalachicola river to the first day of January, A. D. 1871, be and the same are hereby repealed. (r)

SEC. 48. Said Jacksonville, Pensacola and Mobile Railroad first and second Company, and all railroad companies organized under the act of January 6th, 1855, relating to internal improvements, shall provide first and second-class cars for the accommodation of passengers, for each of which fare shall be charged at proportionate rates, and passengers, without distinction, paying fare for first-class cars shall be entitled to seats in such cars, and passengers paying fare for second-class cars shall be entitled to seats in second-class cars; and any conductor, superintendent or agent of any railroad train of any company mentioned in this act, who shall refuse a seat in a first-class car to any person holding a first-class ticket, shall be subject to arrest on the warrant of any Judge of any county through which said train may pass, and be liable for a fine of not less than $100 or more than $500. (8)

tion of tickets.

Penalty for refusal.

pal office and residence of corporation.

SEC. 49. The Jacksonville, Pensacola and Mobile Railroad Place of princi- Company, and all other corporations existing under the laws and by the authority of this State, shall, by public advertisement in a newspaper printed at the seat of government, declare the place within the State at which their principal office of business shall be considered as located, and such place shall thereafter be taken to be the residence of such corporation, and all contracts made by authority of such corporation shall be considered as made in the place at which such principal office is located. (8)

Engineer to be appointed, his

SEC. 50. The Governor shall appoint a competent engineer duty and salary. to have general supervision of the various roads provided for

(r) Secs. 1 and 2, Chap. 1823, Act of June 6, 1870.

(8) Secs. 21, and 22, Chap. 1716, Act of June 24, 1869.

under this act, and whose duty it shall be to protect the interests of the State, and see that the work is carried on and conducted in all respects in compliance with law, and shall from time to time report to the Governor. The salary of such engineer shall be paid by the companies interested, and shall in no case be chargeable to the State. (s)

SEC. 51. The corporation of the Jacksonville, Pensacola and Continuance of Mobile Railroad Company shall be and continue for the term corporation. of thirty-five years from the date of the passage and approval of this act. This act shall be deemed and held a public act. (s)

of sale of

ject to I. I. act.

SEC. 52. In all cases of seizure and sale of the railroad, Rights of parproperty, and franchises of any company by the Trustees of chasers in case the Internal Improvement Fund, under the provisions of the roads. act to provide for and encourage a liberal system of internal improvement, the purchaser or purchasers shall be entitled to do whatever acts may be necessary to enable him or them to exercise and enjoy the franchises granted by the charter of incorporation, under the provisions of the said original charter and the amendments thereto. And in order to prevent doubt, New corpora it is hereby declared that all the provisions of the internal im- tions to be subprovement act above referred to, and which act constituted a contract between the State and the companies, shall continue to apply to the said corporations so newly organized, in the same manner as the same were applicable to the corporations which existed under the same charters prior to the sale: Provided, That this section only applies to roads built under said internal improvement act, and shall not authorize the issue of bonds exceeding fourteen thousand dollars per mile, as provided in section twenty-six, nor any other pecuniary aid by endorsement or otherwise, and that nothing in this section herein contained shall in any wise affect any special act relating to the sales of the Atlantic and Gulf Railroad, or the Pensacola and Georgia and Tallahassee Railroad, or the rights acquired under said sales.

(8)

This section applicable alone roads built

to

under I. I. act.

SEC. 53. The Jacksonville, Pensacola and Mobile Railroad Passengers and Company, and the Florida Railroad Company, shall, at reason- through wayfreights upon able times and for a reasonable compensation, draw over their bills for freight. respective roads the passengers, merchandise, and cars of each other, and shall give and receive through way-bills for freight, through tickets for passengers, and through checks for baggage, to and from all points on their respective roads, and shall make no unequal discrimination for or against each other in their joint through passenger and freight rates, or in the division of the same; it being the true intent and meaning of this act to require the said railroad corporations to give as good facilities and as favorable rates, terms, and conditions to each other as they enjoy themselves. If the corporations cannot agree upon the stated periods at which their cars shall be so referred to Judge of Cir. drawn, and the compensation to be paid, the Judge of the cuit Court.

(8) Secs. 23, 24 and 29, Chap. 1716, Act of June 24, 1869.

In case of disagreement to be

such case.

Privileges of

Circuit Court of the district in which either of the companies reside, upon the petition of either party and notice to the other, Proceedings in shall appoint three disinterested commissioners who are experienced in such matters, who, after due notice to and hearing the parties interested, shall determine such rates, terms, and conditions, and fix such periods, having reference to the convenience and interest of the corporations, and the public to be accommodated thereby; and the award of the commissioners, or a major part of them, shall be binding upon the respective corporations interested therein until the same shall have been revised or altered by the commissioners to be so appointed; but no revision or alteration shall be made within one year after the award, without the consent of the companies. (u) SEC. 54. All the rights, franchises, privileges and conditions this act granted granted and prescribed in this act are hereby granted and apto other roads. plied to any company that is now or hereafter may be organized for the purpose of building a railroad from the waters of Tampa bay and Charlotte Harbor, on the Gulf, by the way of Ocala, and ending at Gainesville, on the Florida Railroad, and from Marianna, in the county of Jackson, to the waters of St. Andrews bay, in West Florida, and also to the waters of Apalachicola bay, in West Florida, and to a point on the Choctawhatchie bay between the mouth of Choctawhatchie river and Boggy bayou, and from Palatka and Mellonville, on the St. Johns river, to the nearest practicable point on the line of railway from Tampa bay or Charlotte Harbor to Gainesville, as far as the same can be constitutionally granted. The said railroad company from Palatka is hereby authorized to connect and be entitled to all the benefits of Section thirty. (u)

Local rates limited.

Acts of corpora

ers and directors of the company confirmed.

SEC. 55. The local rates for freight and passengers on the Jacksonville, Pensacola and Mobile Railroad, and the Florida Railroad, shall not exceed at any time the usual rates for similar distances upon the railroads of the adjacent States. (u)

SEC. 56. All acts and doings of the corporators, stockholders tors, stockhold and board of directors of the Jacksonville, Pensacola and Mobile Railroad Company, under and by virtue of an act entitled "An act to perfect the public works of the State," approved June 24th, 1869, in relation to the organization and management of said Jacksonville, Pensacola and Mobile Railroad Company, are hereby approved and confirmed and declared to be of full force and effect. (v)

SEC. 57. The act published as Chapter 1,716, [No. 4,] in pamphlet form, under the direction of the Attorney-General, by authority of law, as the acts and resolutions adopted by the Legislature of Florida at its extra session beginning June 8th, 1869, under the Constitution of A. D. 1868, wherein from page 29 to page 38, inclusive, is found and published an act entitled "An act to perfect the public works of the State,"

(u) Secs. 30, 31 and 32, Chap. 1716, Act of June 24, 1869.

(2) Sec. 7, Chap. 1731, Act of Jan. 28, 1870.

approved June 24th, 1869, and printed at Tallahassee, Florida, by Edw. M. Cheney, State Printer, is hereby declared to be an act and law of the State of Florida of which this act is an alteration and amendment.

(v)

SEC. 58. This act shall be deemed and held to be a public This to be held act, and all laws and parts of laws conflicting with this act be a public act. and they are hereby repealed. (v)

stitutional.

SEC. 59. Resolved by the Assembly, the Senate concurring, Bonds unconThat the four million bonds issued by the State under and by virtue of an act of the Legislature of the State, approved June 24th, 1869, and the several amendments thereto, and purporting to be issued in aid of the Jacksonville, Pensacola and Mobile Railroad Company, were issued in violation of the Constitution and in fraud upon the tax-payers of the State of Florida. (w)

SEC. 60. Resolved, That the State of Florida is not responsi-State will ble for, and will not pay the interest that has accrued or that not pay. may hereafter accrue upon said bonds when they ultimately become due. (w)

PENSACOLA AND LOUISVILLE RAILROAD COMPANY.

to open books

SECTION 1. That Walker Anderson, W. H. Chase, B. Ŋ. Commissioners Wright, O. M. Avery, of Pensacola, Florida; U. Boulevare, of subscription. John G. McLane, J. G. Robinson, A. J. Robinson, W. T. Sterns, C. Snowden, W. Ashley, Asa Johnson, T. McIver, A. Russell, and A. Fowler, of Conecuh county, Alabama; E. J. Pickens, L. J. Bowling, W. J. Streety, James Dunklin, J. J. Burnett, H. L. Henderson, H. B. Taylor, B. W. Henderson, and J. L. McMullen, of Butler county, Alabama; C. Webb, A. J. Perry, G. Harrison, J. C. Swanson, and John Walker, of Lowndes county, Alabama; and C. Cromlin, J. E. Belser, ELangford Lazer, John Craigen, J. J. Seibles, B. S. Bibbs, B. W. Hilliard, E. Barnes, James R. Dilliard, R. Wall, and G. Matthews, be, and they are hereby, appointed commissioners to open books and receive subscriptions for stock in a railroad to be constructed from some point or points on the bay of Pensacola, in Florida, to the city of Montgomery, in Alabama, any three of whom may open in the cities of Pensacola and Montgomery, and such other places as they may think proper, and keep the same open until the whole capital stock is subscribed; and they shall give public notice of times and places of opening said books, not less than twenty days, as they may think proper. (a)

SEC. 2. The capital stock of said company may be one mil- Capital stock. lion five hundred thousand dollars, with the privilege of in

creasing it to two million five hundred thousand dollars, should

(v) Secs. 8 and 9, Chap. 1731, Act of Jan. 28, 1870.

(w) Resolution of 1877.

(a) Sec. 1, Chap. 483, Act of Jan. 8, 1853.