| An Act to declare and establish the rights of the State
of Florida in certain Rail Roads. {Vetoed, see
last line} |
| Whereas the Pensacola & Georgia Rail Road, the
Tallahassee Rail Road, the Atlantic Gulf & Central Rail Road, and the
Florida Rail Road are parts of a system of Internal Improvement,
established under the laws of the State of Florida, and principally
constructed by the use of her Trust Fund and Credits, and whereas, said
roads were or originally designed in part for the protection of the
State, and are now vital to her interests and defence, to the
maintenance of her public credit, and the subsistence of her people and
he faith has been pledged to their preservation for these purposes.
Therefore Be it enacted by the Senate and House of Representatives of
the State of Florida in General Assembly convened. |
| That it shall not be lawful the stockholders of said
roads, or any other person or persons to remove the Iron, or rolling
stock, or necessary machinery of said roads or any of them in such
manner, or to such extent as to interrupt their continuous running. |
| Sec 2 Be it further enacted, that it shall not be
lawful for any officer of the Confederate States Government, Civil or
Military, to remove the iron or rolling stock from said roads or either
of them under or by virtue of any authority from said Government |
| Sec 3 Be it further enacted That the courts
of this state shall interfere by writ of injunction on information filed
by the Attorney General, or on other lawful remedy against any person,
or persons, attempting the removal of said iron or rolling stock or
machinery. |
| Sec 4 Be it further enacted; That the right
of eminent domain, or of appropriation for military or other uses of the
Government of the Confederate States extendeth not to by the
Constitutions & laws of this state, to the taking of public franchises,
nor to private freeholders, nor to the soil, nor to the public works of
the state, and shall not so prevail. |
| Sec 5 Be it further enacted, That on the
representation of the President of the Confederate States to the
Governor of this state, that any portion of the iron on the Florida Rail
Roads herein before mentioned, is absolutely necessary for the defence
of vital parts of the Confederacy and that such iron cannot be obtained
elsewhere; the Governor shall convene the trustees of the Internal
Improvement fund. The President and board of directors of each Road, and
the judges of the Supreme Court, who shall constitute a board, with full
authority to determine how much and on what parts of said roads the iron
shall be taken for the use of the Confederate States, and to agree with
said Government as to the conditions of said terms on which said iron
shall be taken, and provided said iron shall not be taken from any said
roads to an extent sufficient to destroy the connection between the
different sections of the state. |
| Sec 6 Be it further enacted
That the Alabama & Florida Rail Road, although built without the aid of
the Bonds endorsed by the Trustees of the Internal Improvement fund, is
yet a part of the State System of Internal Improvements and is entitled
to all the privileges and immunities to which the other Rail Roads in
this state are entitled. |
| |
| Passed the Senate Decr 3rd 1863 & the House of Reps
Decr 4th 1863 & signed by E. J. ?am Pres Senate T. N. Spfs Sheraton Hs.
Repy. |
| Thoms B. Barefort Clek H O Reps & J. B. W?? Secty Senate & vetoed by
the Gov the 4th Day of Decr 1863. |
|