1907. Sec. 4. That each day of refusal, failure or neglect to provide for the separation of the white and negro pasEach day a sengers as directed in this act shall constitute a separate and distinct offense. separate of fense. Duty of conductor. Penalty. Penalty for refusal of vacate. Sec. 5. That the conductor or other person in charge of a car shall see that each passenger is in the car or division furnished for the race to which such passenger belongs, and any conductor or other person in charge of such car who shall permit any passenger of one race to occupy a car or division provided for passengers of the other race, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not exceeding twenty-five dollars, or by imprisonment in the county jail for not exceeding sixty days, or by both such fine and imprisonment, in the discretion of the court. Sec. 6. That any passenger belonging to one race who passenger to wilfully occupies or attempts to occupy a car or division provided for passengers of the other race, or who occupying such car or division, refuses to leave the same when requested so to do by the conductor or other person in chargeof such car, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not exceeding fifty dollars, or by imprisonment in the county jail for not exceeding three months, or by both such fine and imprisonment, in the discretion of the court. And the conductor or other person in charge of such car is conductor to hereby vested with full power and authority to arrest such passenger and to eject him or her from the car. Power of arrest, etc. Inscription designating car. Nurses. Special cars. Sec. 7. That on the car or division provided for whitepassengers shall be marked in plain letters in a conspicu ous place, "For White," and on the car or division provided for negro passengers shall be marked in plain let ters in a conspicuous place, "For Colored." Sec. 8. That nothing in this act shall be so construed as to apply to nurses of one race attending children or invalids of the other race. Sec. 9. That this act shall not be so construed as to prevent the running of special or extra cars, in addition to the regular schedule cars, for the exclusive accommoda-tion of either white or negro passengers. Sec. 10. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. Sec. 11. That this act shall take effect thirty days after its passage and approval by the Governor. Approved May 7, 1907. 1907. Repealing clause. When effective. CHAPTER 5618-(No. 23). AN ACT To Require Common Carriers To Pay Claims for Lost or Damaged Freight or Express and Overcharges on Freight or Express within a Certain Time, and Providing that in the Event a Common Carrier Fails to Pay Said Claim within Said Time that such Common Carrier Shall, in Certain Cases, be Liable for, Interest on Said Claim at the Rate of Fifty per.cent per Annum, and Shall also be Liable for a Reasonable Attorney's Fee. Be It Enacted by the Legislature of the State of Florida: Section 1. That it shall be the duty of all common Claim to be carriers operating within this State, and they are hereby paid in sixty required when any person files with, or presents to, them or any station agent of said common carrier to be filed, his claim for any freight or express lost or damaged by said common carrier, or for any overcharge made by such common carrier on any freight or express, to pay the said claim within sixty days from its filing with, or presentation to, said common carrier or any station agent of such common carrier. Common Sec. 2. That should any common carrier fail to com- carrier subply with the provisions of section one (1) of this act, then ject to pay principal and the said common carrier making such failure shall be lia- interest on ble to the claimant for the amount of his claim and fifty claim. per cent. per annum interest on the principal sum of said claim from the date of the filing of the same with, or presentation of the same to, the common carrier or any 1907. Proviso. Common for attor ney's fee. station agent of such common carrier, and when the said claimant shall bring suit and recover judgment for his claim against said common carrier, he shall be allowed the said fifty per cent per annum, in addition to the principal sum of said claim, and the same shall be allowed in the verdict giving him judgment; Provided, however, That the claimant shall not recover and have judgment for the said fifty per cent per annum, unless he recovers judgment for a sum which fixes the principal sum of said claim at an amount greater than the amount which said common carrier had, offered and tendered to the claimant in settlement of his claim before the expiration of said sixty days in which the said common carrier is required to pay. such claims under the provisions of section one (1).of.this act. Sec. 3. That any common carrier who fails to comply carrier liable with. the provisions of section one (1) of this act, shall, in the event that the claimant shall prevail in an action to recover on his claim, be liable for a reasonable attorirey's fee and it shall be the duty of the court to allow the claimant such reasonable attorney's fee, which shall be fixed by the court, not to exceed fifteen dollars, if the amount recovered does not exceed one hundred dollars, and not to exceed fifteen per cent on any amount recovered greater than the sum of one hundred dollars. Conflicting laws. When act operative. Sec. 4. That all laws and parts of laws in conflict with the provisions of this act be, and the same are hereby repealed. Sec. 5. That this act shall become operative upon its passage and approval by the Governor. Approved June 3, 1907. CHAPTER 5619-(No. 24). AN ACT Requiring Railroad Companies and Terminal Companies to Furnish Separate Waiting Rooms and Ticket Windows for White and Colored Passengers at Depots Along Their Lines of Railways, and Conferring Upon the Railroad Commissioners of the State of Florida Certain Powers and Duties in Relation Thereto. Be It Enacted by the Legislature of the State of Florida: 1907. commoda Section 1. That all railroad companies and terminal Separate accompanies in this State are required, within six months tions reafter the passage of this act, to provide separate waiting quired. rooms and ticket windows of equal 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. Railroad Sec. 2. That the Railroad Commissioners of the State Power of of Florida are hereby authorized to require the building Commissionor alteration of any and all passenger depots and terminal ers. 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 prescribe all necessary rules, orders and regulations neces-. sary to carry this act into effect. Sec. 3. If any railroad company or terminal company in this State shall refuse to comply with any provision of this act, or to comply with any rule, order or regulation provided or prescribed by the Railroad Commissioners under the authority of this act, such company shall thereby incur a penalty for each such offense of not more Penalty. than $5,000.00, to be fixed, imposed and collected by said Railroad Commissioners in the manner provided by law. 1907. When act effective. Sec. 4. This act shall take effect upon its passage and approval by the Governor. Approved May 15, 1907. Authority to employ spe CHAPTER 5620-(No. 25). AN ACT Authorizing the Railroad Commissioners of the Be It Enacted by the Legislature of the State of Florida: Section 1. The Railroad Commissioners of the State cial counsel. of Florida are hereby authorized to employ special counsel to advise them and to conduct any or all litigation or proceeding 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. able for the maintenance of the Railroad Commission. Conduct of suits instituted. When act effective. Sec. 2. All suits instituted by the Railroad Commissioners 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. Sec. 3. This act shall take effect upon its passage and approval by the Governor. Approved May 10, 1907. |