« ForrigeFortsett »
any nominee of any political party in said State for election by the Legislature or qualified voters thereof, to any public office in respect to matters or charges that reflect upon the personal or official integrity of such public officer or nominee or that disqualifies or tends to disqualify such public officer to hold the office to which he has been elected or nominated by any political party, or any investigation of any other matter or for any other purpose that may be ordered by the Legislature of this State or either house of such Legislature, before any committee heretofore appointed by the Legislature of this State or by either house of said Legislature and now pending, or before any committee that may hereafter be appointed by the Legislature of this State or either house thereof, at this or any subsequent session, such investigating committee and each member thereof shall have. full power and authority to administer oaths to officers, clerks and stenographers that it may employ in connection with the performance of its duties and to any witnesses and parties called to testify before it, and said investigating committee shall have full power and authority to issue any and all process that may be necessary to compel the attendance of witnesses and the production of any books, papers and other written documents it may designate, and to compel' any witness to testify in respect to any matter or charge by it being investigated in answer to all pertinent questions propounded by it or under its direction and to fine or imprison any witness for his failure or refusal to obey the process served on him by such committee or to answer any such pertinent questions' propounded; provided, that such fine shall not exceed one hundred dollars nor shall imprisonment extend beyond the date of adjournment of the Legislature then in session; and provided, further, that the testimony given by a witness before such investigating committee shall not be used against him in any criminal action or proceeding, nor shall any criminal action or proceeding be brought against such witness on account of any testimony so given by him, except for perjury committed before such committee.
SEC. 2. The sergeant-at-arms assistant sergeant-at-arms of either house of the Legislature of this State or any sheriff or constable of this State may serve any process that may be issued by said investigating committee or by any commission by them appointed, for the attendance of witnesses who reside within this State; and if such service is made by any sheriff or constable he shall be allowed the same fees and mileage allowed for similar process by the district courts of this State in civil cases. Should said investigating committee so direct, any witness visiting or being within the State may be summoned before such committee by having a brief statement of the process issued for such witness, transmitted by telegram to any sheriff or constable of the county within which such witness may reside or is supposed to be at the time such process may be issued.
SEC. 3. Whenever such investigating committee before which any investigation such as herein above defined is pending shall deem it necessary or advisable to procure the testimony of any witness or witnesses residing or being at a great distance from the city of Austin within this State, or residing or being without this State, or procure
the evidence contained or supposed to be contained in any books, papers or written documents without this State such investigating committee may name, appoint and delegate any two of its members as a special commission to go to any such distant point or points within this State or beyond the confines of this State where such witness resides or is supposed to be or where such evidence may probably be had, for the purpose of procuring the testimony of such witness or witnesses or of such evidence and shall seek to procure the same as hereinafter provided.
SEC. 4. When such special commission as hereinabove defined shall be appointed and delegated by said investigating committee, notice thereof shall be forthwith given to the party under investigation or his attorneys of record, and the point or points to which such special commission is directed to go, as far as may then be known shall be stated in such notice, and the order in which such points are to be visited as far as may then be known; provided, that such special commission may visit any other point or points than those named by such investigating committee, if in the judgment of such commission necessary to procure such testimony or any other material testimony.
SEC. 5. Such special commission shall have authority to issue any and all process that may be necessary to compel the attendance of witnesses before them, administer oaths to witnesses, compel witnesses to produce before them any books, papers and other written documents designated in any process by them issued and take the testimony of any witness in respect to any matters or charges pending before said investigating committee and to compel any witness to answer any questions propounded by them or under their direction pertinent to such matters or charges; and should said commissioners disagree as to the admissibility of any evidence to which objection is made they shall receive the same, together with such objections, to be referred to the investigating committee for its decision. Whenever any witness is subpoenaed by said commissioners to appear before them, such subpoena shall state the time when and the place where such witness is expected to appear to testify in respect to such matters and charges and reasonable time, to be determined by said commissioners, shall be given such witness to make his appearance and produce any books, papers and documents that he may be required by the process served on him to produce before said commissioners. Said commissioners shall employ an expert stenographer to take down all questions propounded to any witness and his answers thereto, whether said witness is examined before them or before some officer of the State in which such examination is being had as hereinafter provided.
SEC. 6. Said commissioners, if they elect so to do, may file with any judge of any court of record, justice of the peace, commissioner of deeds for the State of Texas or notary public of the county and State where any witness, whose testimony is desired may reside or be found, a brief statement of the matters or charges under investigation by the Legislature of the State of Texas or either house of such Legislature in respect to which the testimony of such witness is sought, the name of the witness and where he can probably be found, the reasons why such witness is believed to possess the information sought, and when books, papers and other documents are accessible to such witness are desired, such a description thereof as will enable the witness to produce the same, and thereupon ask that such judge, justice of the peace or commissioner of deeds or notary public shall summon Ich witness to appear before him with any books, papers, and other written documents that may be so designated, and testify in answer to any and all pertinent questions that may be propounded to him by said commissioners or under their direction in respect to said matters and charges. Any subpoena or other process issued by said judge, justice of the peace, commissioner of deeds or notary public shall state the time and place of holding such examination and otherwise conform to the laws of the State in which the same is issued; and the examination of such witness shall be in the same manner and subject to the same rules of procedure as provided by law for taking the deposition of witnesses in answer to oral interrogatories and cross interrogatories under a commission issued upon agreements of the parties litigant by the district courts of the State of Texas to take the deposition of non-resident witnesses, except, that no notice shall be required to be given to any one other than the witness and the party being investigated by the Legislature of the State of Texas or either house of said Legislature. Any process that may be issued by any officer without this State hereinabove named may be served by any sheriff, constable or policeman of the county and State in which such witness · may reside or be found and for such service shall receive the same fees and mileage as may be provided by the law of said State for service of process in the district or circuit courts of such State in civil cases.
SEC. 7. Any process issued by said commissioners or by any of the officers named in Section 6 of this act when the same is to be served without this State shall be served by any of the officers named in Section 6 by delivering a true copy of such process to the witness therein named and such officer shall make his return on such service showing how and when the same has been served and service of process in this State shall be the same as service of similar process in civil cases in the district courts of this State.
SEC. 8. When any witness appears to testify either before said commissioners or any of the officers named in Section 6 of this act the questions propounded and answers thereto shall be taken down by a competent stenographer and thereafter transcribed together with all objections thereto and shall be returned to the investigating committee to be incorporated in the record as a part of the evidence in such investigation, subject to the ruling of said investigating committee as to the admissibility of any evidence therein contained. Any officer named in Section 6 of this act shall have power and authority to compel any witness appearing before him to testify in answer to any and all pertinent questions propounded and upon the failure or refusal of such witness to testify such officer may fine or imprison such witness for contempt to the extent and as may be provided by the laws of the State in which such witness is examined.
The commission provided for by this act shall have the authority to employ and have to accompany them not more than one attorney who is not a member of such committee and who is a citizen of the State of Texas, at the expense of the State, but shall not have the authority to employ attorneys who are not citizens of this State at the expense thereof.
ŠEC. 9. The fact that there is no law now provided for the procuring of evidence in investigation by the Legislature of this State or either house of the Legislature of this State, and the further fact that there is now pending before committees appointed by the Senate and House of Representatives of this Legislature an investigation ordered by said Senate and House of Representatives, creates an emergency and an imperative public necessity requiring the suspension of the constitutional rule requiring bills to be read on three several days be suspended, and it is so suspended; and that this act take effect and be in force from and after its passage, and it is so enacted.
[NOTE.—The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 24, nays 3; and passed the House of Representatives by a two-thirds vote, yeas 101, nays 2.]
Approved February 18, 1907.
MILEAGE AND PER DIEM OF MEMBERS OF THE LEGIS
An Act fixing the per diem pay and mileage of members of the Legislature, and
validating certificates therefor heretofore issued to members of the Thirtieth Legislature and warrants issued by the Comptroller of Public Accounts for such per diem and mileage, pursuant to such certificates, and declaring an emergency.
Be it enacted by the Legislature of the State of Texas :
SECTION 1. That hereafter, until otherwise provided by law, members of the Legislature shall receive as compensation for their services and attendance upon any regular or called session of the Legislature five dollars per day for the first sixty days of each session, and after that the sum of two dollars per day for the remainder of the session.
SEC. 2. That hereafter, until otherwise provided by law, members of the Legislature shall receive as mileage for attendance upon any regular or called session of the Legislature $5 for every twenty-five miles in going to and returning from the seat of government, to be computed by the nearest and most direct route of travel by land, regardless of railways or water routes, and the Comptroller of Public Accounts shall prepare and preserve a table of distances to each county seat now or hereafter to be established, and by such table the mileage of each member of the Legislature shall be computed and paid, the calculation to be based in each instance upon the distance to the county seat of the county in which such member resides; provided, that no member shall be entitled to mileage for any extra session of the Legislature that may be called within one day after the adjournment of any regular or called session.
Sec. 3. That all certificates for per diem and mileage which have been heretofore.issued to members of the Thirtieth Legislature by its officers, and all warrants issued by the Comptroller of Public Accounts for such per diem and mileage, pursuant to such certificates, are hereby validated.
SEO. 4. The fact that there is now in force no law fixing the amount of the per diem and mileage of members of the Legislature, creates an emergency and an imperative public necessity requiring that the constitutional rule providing that bills be read on three several days be suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.
[NOTE.—The enrolled bill shows that this act passed the Senate by a two-thirds vote, yeas 24, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 106, nays 0.]
Approved February 18, 1907.
CORPORATIONS/ORGANIZATION OF FOR APIARY
H. B. No. 226.]
An Act to amend Article 642 of the Revised Civil Statutes of the State of Texas,
relating to the purposes for which private corporations may be formed by adding to said article another subdivision known as Subdivision 65, and declaring an emergency.
SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 642 of the Revised Civil Statutes of the State of Texas be so amended as to add to said article Subdivision 65 to read as follows:
65. For the organization of companies to conduct and carry on a general apiary business, and in connection therewith to manufacture bee hives and bee keepers' supplies and the purchase and sale of such goods, wares and merchandise used, manufactured and produced in such business.
Sec. 2. The fact that there is now no law permitting the incorporation of companies to carry on the apiary business in Texas, which is of great importance to the people of Texas, creates an emergency and an imperative public necessity requiring the suspension of the constitutional rule requiring bills to be read on three several days, which rule is hereby suspended, and that this act take effect from and after its passage, and it is so enacted.
NOTE.—The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, veas 95, nays 4; and passed the Senate by a two-thirds vote, yeas 29, navs 0.]
Approved February 20, 1907.