1907. liable for message for all damages which they or either of them may sustain in consequence of the refusal to receive, transmit and deliver such message unless it shall be made to appear Company that the line or lines over which such message should be damages. transmitted is or are in such condition that such message could not be transmitted by means thereof, and the burden of showing such a condition of said line or lines shall be upon the company. Sec. 2. That any person recovering the penalty herein specified or any damage under this act shall be entitled to recover in addition thereto ten (10 p. c.) per cent. of the amount so recovered as attorneys' fees. Sec. 3. This act shall take effect from and upon its passage and approval by the Governor. Approved May 27, 1907. CHAPTER 5630—(No. 35). AN ACT To Appropriate the Sum of One Thousand Dollars, or so Much Thereof as may be Necessary, for the Use of the Joint Committee the Senate and House Appointed To Investigate the Transactions of the Internal Improvement Board. Be It Enacted by the Legislature of the State of Florida: tion. Section 1. That there is hereby appropriated the sum Appropriaof one thousand dollars, or so much thereof as may be necessary, for the use of the joint committee of the Senate and House appointed to investigate the transactions of the Internal Improvement Board. to draw war Sec. 2. That the Comptroller is hereby directed to Comptroller draw his warrant in favor of H. H. Buckman, Esq., Chair- rant. man of the Joint Committee, for said amount in such sums and at such times as the Chairman of the Joint Committee shall request, and the State Treasurer is hereby directed to pay the same. Conflicting Sec. 3. That all laws and parts of laws in conflict laws. 1907. When act effective. with the provisions of this act be, and the same are hereby repealed. Sec. 4. This act shall take effect immediately upon its passage and approval by the Governor. Approved May 1st, 1907. Authority to construct lock. Authority to make rules. Appropriation. CHAPTER 5631-(No, 36). AN ACT Directing the Trustees of the Internal Improvement Fund of Florida to Construct a Lock Across Lake Hicpochee Canal and Making an Appropriation for the Same. Whereas, during the rainy season of each year the overflow from Lake Okeechobee into the Caloosahatchee River through Lake Hicpochee Canal causes great damage to the whole Caloosahatchee Valley; And whereas, it has been definitely settled by competent authority that the erection of a lock across Lake Hicpochee Canal at or near the Lake Shore, with a levee on each side of said lock, would prevent the annual inundation of said Valley; therefore, Be It Enacted by the Legislature of the State of Florida: Section 1. That the Trustees of the Internal Improvement Fund of Florida be, and they are hereby directed to construct a lock with a gateway across what is known as the Lake Hicpochee Canal at or near the Lake Shore. and to construct a levee or embankment on each side of said lock. Sec. 2. That said Trustees of the Internal Improvement Fund be, and they are hereby authorized to make such rules and regulations as they may deem proper for the opening and closing of said lock and to appoint a keeper for the same. Sec. 3. That the sum of twenty-five thousand dollars, or so much thereof as may be necessary be, and the same is hereby appropriated out of any money in the Treasury, not otherwise appropriated, for the purpose of carrying into effect the provisions of this act. 1907. rant. Sec. 4. It shall be the duty of the Comptroller to draw Comptroller his warrant upon the Treasurer in favor of the Trustees to draw warof the Internal Improvement Fund for such sums as may be found necessary to carry into effect the provisions of this act, not exceeding the amount appropriated, and said money shall not be used for any other purpose. Sec. 5. This act shall take effect immediately upon when act efits passage and approval by the Governor. Approved May 22, 1907. fective. CHAPTER 5632-(No. 37). AN ACT to Create a Commission for the Investigation of the Acts and Doings of the Trustees of the Interna! Improvement Fund; Defining Its Duties and Powers, and Making Appropriations for Carrying Out the Provisions of the Same. Be It Enacted by the Legislature of the State of Florida: Creation of Section 1. A Commission is hereby created consisting of three members of the Senate, to be elected by the Sen- Commission. ate, and four members of the House of Representatives, to be elected by the House of Representatives, for the purpose of investigating the affairs of the Internal Improvement Fund. Commission. Sec. 2. The said Commission shall meet as soon as Duty of practicable and begin the investigation, commencing at the date of the creation of the Board by the act of the Legislature of 1855 and continue down to the present time, or such time as said Commission shall have reached the date of the last acts of the said Trustees. Commission. Sec. 3. The said Commission shall have power to sum- Powers of mon and compel the attendance of witnesses and the production of books and papers by process of subpoena and attachment signed by the chairman of the Commission which process shall be executed by the Sheriff of the 1907. Proviso. Fees. Duty and discharge of mittee. county wherein the witnesses or books and papers are to be found; and shall have power to administer oaths by any member of the Commission, and to examine witnesses under oath and do all things necessary to a complete and thorough investigation. The Commission shall also have power to employ all clerical and other aid necessary to the due performance of its duties; Provided, That the Commission shall not employ any legal adviser or counsel. The fees allowed for the services of process shall be the same as those allowed by law in the Circuit Court for like services. The Joint Committee of the House and Joint Com- Senate, heretofore appointed under House Concurrent Resolution No. 1 to investigate the Internal Improvement Fund, consisting of H. H. Buckman, J. H. Humphreys and Thomas F. West, from the Senate, Syd L. Carter, John W. Watson, R. Pope Reese and J. F. C. Griggs, from the House, is hereby directed to turn over to the Commission hereinafter named all records, papers received and all evidence, books and papers in its possession, taken by it in carrying out the investigation under the said resolution, and when same is done such committee shall be discharged. The said Commission shall receive and take charge of all papers, records and testimony heretofore had, received and made by the Joint Committee appointed under House Concurrent Resolution No. 1 of this Legislature to investigate the Internal Improvement Fund and shall, out of the appropriation herein made, pay all unpaid expenses of the Joint Committee incurred by it in making its investigation; Provided, The accounts for the same shall appear to have been approved and certified by said Joint Committee. Duties of Proviso. Powers of Public sessions. Vacancy on Sec. 4. The said Commission are hereby empowered to employ a stenographer and typewriter and an expert accountant or accountants and such other employees as may be necessary, who shall be under their control and who shall make reports to the said Commission only. Sec. 5. In making the investigation the sessions of the Commission shall be open to the public when witnesses are being examined, except when the Commission by consent of 3-4 of its members shall decide otherwise. Sec. 6. If any member of said Commission shall refuse Commission. to serve on said Commission, his place shall be filled by the other members of the Commission by the election of a Senator, if the vacancy be in the place of a Senator, or of a member of the House of Representatives, if the vacancy be in the place of a Representative. 1907. Sec. 7. The Commission shall complete their work as Requirement soon as practicable and make their report to the Legislature. tion. Sec. 8. For the purposes of carrying out the provisions Appropriaof this act, and defraying the expenses of said Commission and of the witnesses and clerical help, the sum of ten thousand dollars ($10,000) or so much thereof as may be necessary is hereby appropriated to be paid out of any moneys in the Treasury not otherwise appropriated, and the Comptroller is hereby required to draw his warrant Compensain favor of the Chairman of the said Commission in such mission. sums as said Chairman may deem necessary when such demand is accompanied by an itemized statement of expenses covering said amount. The members of the said Commission shall be allowed six dollars per day and mileage for expenses. tion of Com fective. Sec. 9. That this act shall take effect immediately upon When act ofits passage and approval by the Governor. Approved May 31st, 1907. CHAPTER 5633—(No. 38). AN ACT Making an Appropriation to Pay the Expenses Incurred by the Joint Committee Appointed under House Concurrent Resolution No. 1, to Investigate the Charges Affecting and the Acts and Doings of the Trustees of the Internal Improvement Fund from Its Com mencement to the Present date. Whereas, under House Concurrent Resolution No. 1. passed at this session, the Joint Committee, composed of three on the part of the Senate and four on the part of the House, was appointed for the purpose of investigating the charges against and the acts and doings of |