ceedings may be applicable, the same proceedings may be had, and as to each party, the same rights shall exist as would exist if such proceedings in condemnation were by or on behalf of a railroad corporation, except that in no case shall said Penitentiary Board, or the State of Texas be required to give bond.

SEC. 3. Any and all proceedings in condemnation provided for by this act shall be instituted and prosecuted in the name of the State of Texas, for the use of said Penitentiary Board and their successors in office, and any and all judgments and decrees of condemnation in such proceedings, and any and all deeds for any and all such lands which may be acquired by said Board for any of the purposes mentioned in this act shall run accordingly.

Any and all such condemnation proceedings shall be instituted and prosecuted by the county attorney of the county in which such land or material may be situate; and as compensation for such services such county attorney shall be entitled to receive and shall be paid by said Board, out of current revenues, reasonable fees, not exceeding in any instance, more than ten per cent of the price which said Board shall pay for such condemned land or material.

SEC. 4. In order to obtain and secure repayment of the necessary money with which to carry into effect the provisions of this act, said Penitentiary Board shall be, and they are hereby authorized, and it shall be their duty, to have printed and to execute, as herein provided, twenty bonds, to be designated and known as "Penitentiary Railroad Bonds," and numbered, consecutively, from one to twenty, inclusive, each for the principal sum of seven thousand five hundred ($7500) dollars, bearing interest from their date at five per cent per annum, payable annually, on the first day of December of each year, as indicated upon the coupons therefor, which shall be attached to such bonds, principal and interest payable to the State Treasurer of the State of Texas, at his office, at Austin, Texas, and maturing one each year, consecutively, until all such bonds shall have matured, and reserving to said Penitentiary Board the right to pay off and redeem such bond and its interest coupons at the option of said Board. Each of said bonds shall, upon its face, declare that payment of such bond and its interest coupons is secured by a lien upon said State Railroad, including any and all extensions thereof authorized by this act, and embracing its entire right of way, franchises, depot buildings and grounds, equipment, rolling stock, engines and cars, and that, to the payment thereof, are pledged all of the net revenues and income which may be derived or received by said Board from year to year, from any and all sources whatsoever, and remaining after the payment of the current expenses of every character which may be incurred by said Board, or under its direction, pursuant to law, in such current year, until all of said bonds and coupons shall have been paid. All such net income, from year to year, shall be so applied by said Board, from time to time, until all of said bonds. and coupons shall have been paid.

The form of such bonds and coupons shall be approved by the Attorney General, and all such bonds and coupons shall be signed by the president and secretary of said Board, and such bonds shall be countersigned by the Governor.

Such bonds and coupons, when so executed and delivered to the Comptroller of Public Accounts, shall constitute a valid lien upon said State Railroad, including any and all extensions thereof authorized by this act, and embracing its entire right of way, franchises, depot buildings and grounds, equipment, rolling stock, engines and cars.

SEC. 5. The Comptroller of Public Accounts and the State Board of Education are, severally, hereby authorized, and it shall be their duty to purchase said bends from said Penitentiary Board, and to pay to said Board therefor, out of the permanent school fund, the face value of said bonds, with accrued interest thereon, down to the date of such purchase; and the principal of such bonds shall constitute and remain a part of the permanent school fund and the interest thereon shall become a part of the available school fund, and such bonds and coupons shall be deposited with, and kept and held by the State Treasurer, as provided by law, in case of other securities belonging to the permanent school fund; provided, however, that no part of the permanent school fund shall be invested in such bonds unless same shall have been registered by the Comptroller of Public Accounts and shall be accompanied by a certificate from the Attorney General, under his seal, to the effect that such bonds are in all respects in compliance with the requirements. of this act.

SEC. 6. The money which shall be derived by said Penitentiary Board from said bonds, or so much thereof as may be necessary, shall be used by said Board for the purpose set forth in this act; and the residue thereof, if any, shall be applied by said Board at any time to payment, pro tanto, of said bonds and coupons, in numerical order.

SEC. 7. The Railroad Commission of Texas shall have the same jurisdiction and power over the traffic carried on and over said railroad and with respect to divisions of traffic charges between said railroad and connecting lines of railroad as said Commission now has or may hereafter have by law, in the matter of compelling just and fair divisions of traffic charges between connecting lines of railway corporations in this State, and it shall be and is hereby made the duty of the Penitentiary Board of this State to obey and enforce all rules, regulations, rates and divisions relating to such traffic charges as are made and fixed by the Railroad Commission of Texas.

SEC. 8. No convict shall be employed or used in the operation or handling of any train or car upon said State railroad which may be used or operated thereon in transporting, for hire, either passengers or freight.

It shall be the duty of said Penitentiary Board to carry into effect each and all of the provisions of said bond and of this act. SEC. 10. The provisions of this act shall be construed as cumulative of all laws in force in this State.

SEC. 11. The fact that there now exists no law providing for means for the extension of said State railroad, and the fact that the operation of said State railroad, and the fact that the operation of the Rusk Penitentiary will be materially facilitated and cheapened by such extensions and operation of said State railroad, as in this act provided, and the fact that such extension is necessary to protect the timber and mineral resources of said Penitentiary, creates an emergency and an imperative

public necessity requiring that the constitutional rule which provides that bills be read on three several days be suspended, and it is hereby suspended, and this act shall 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 23, nays 3; and passed the House of Representatives by a two-thirds vote, yeas 92, nays 1.]

Approved April 5, 1907.

Became a law April 5, 1907.

FISH-REGULATING THE TAKING OF.

H. B. No. 144.]

CHAPTER LXXV.

An Act to amend Chapter 153 of the General Laws of the State of Texas, passed at the Regular Session of the Twenty-fifth Legislature, and amended at the Regular Session of the Twenty-sixth Legislature, and at the Regular Session of the Twenty-seventh Legislature, and at the First Called Session of the Twenty-seventh Legislature, and at the Regular Session of the Twenty-eighth Legislature, and at the Regular Session of the Twenty-ninth Legislature, “An Act to prohibit the taking of fish from the fresh waters and streams of this State otherwise than by means of the ordinary hook and line and trot line; and to prohibit the sale or shipping of game fish in this State; and to provide penalties for the violation thereof," by fixing a penalty for the use of poison, dynamite or other explosives in killing, catching and taking fish, also regulating the sale and shipment of fish, and declaring an emergency.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. That Chapter 153 of the General Laws of the State of Texas, passed at the Regular Session of the Twenty-fifth Legislature, and amended at the Regular Session of the Twenty-sixth Legislature, and at the Regular Session of the Twenty-seventh Legislature, and at the First Called Session of the Twenty-seventh Legislature, and at the Regular Session of the Twenty-eighth Legislature, and the Twenty-ninth Legislature, be amended to hereafter read as follows:

Chapter 153, Section 1. That if any person shall at any time during the year take, catch or kill, or attempt to take, catch or kill, any fish by means of poison, dynamite or any other explosive in any of the fresh waters, lakes and streams of this State, such person shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty nor more than two hundred dollars, or by imprisonment in the county jail for a term of not less than twenty nor more than sixty days, or by both such fine and imprisonment.

SEC. 2. If any person shali at any time during the year take, catch, ensnare or entrap any fish (except minnows for bait) by means of nets, or in any other manner than with the ordinary hook and line or trot line, except as specified in Section 1 of this Chapter, such person shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five nor more than one hundred dollars; provided, that the following counties are hereby exempted from the provisions of this section: Anderson, Angelina, Archer, Baylor, Bosque, Brown, Burnet, Brazoria, Bastrop, Camp, Caldwell, Chambers, Chero

kee, Collin, Coryell, Comanche, Delta, DeWitt, Denton, Eastland, Ellis, Fannin, Franklin, Freestone, Fayette, Galveston, Goliad, Grimes, Hamilton, Hardin, Henderson, Hopkins, Hunt, Hill, Hood, Houston, Jasper, Jefferson, Johnson, Jones, Knox, Lamar, Limestone, Liberty, Llano, Lavaca, Montagorda, Mason, Montague, Morris, Nacogdoches, Newton, Orange, Palo Pinto, Panola, Polk, Rockwall, Raines, Red River, San Augustine, Sabine, Stephens, Shackleford, San Jacinto, Somerville, Shelby, Throckmorton, Trinity, Tyler, Titus, Upshur, Webb, Walker, Wharton, Wood and Young: provided, that Colorado county shall be exempted from the provisions of this section except in so far as they apply to the waters of Eagle Lake, which shall remain under the provisions of this Act; provided, that Gregg, Harrison and Rusk counties shall be exempt from the provisions of this Section as to the waters of Sabine River, and no further; provided, that in the county of McClellan it shall not be lawful for any person or persons to take or catch fish by means of net or seine from any stream in said county froin May 15th to October 1st of each year; provided, that Clay county shall be exempt from the provisions of this Section along the waters of Wichita and Red River; also Jack county along the waters of the Trinity River; provided, that the counties of Austin and Washington shall be exempt from the provisions of this Section along the waters of the Brazos River; provided, further, that in the county of Falls it shall not be unlawful for any person or persons to take or catch fish by means of net or seine from any stream in said county from June 15th to Sept. 1st of each year; provided, further, that it shall be unlawful for any person to sell or offer for sale, ship or offer to ship, any game fish, including white perch, trout or bass, taken from any of the fresh water lakes and streams in Marion, Harrison and Cass counties, and whoever shall violate this provision as relating to said counties shall be deemed guilty of a misdemeanor and on conviction shall be fined not less than twenty-five dollars ($25.00) nor more then one hundred dollars ($100.00).

SEC. 3. Any person who shall take, catch, ensnare or entrap any fish by means of nets or seines, or by muddying, ditching or drawing in any lake, pool or pond in any county within this State without the consent of the owner of such lake, pool or pond shall be subject to the penalty hereinbefore prescribed in Section 2 of this Act, and in all prosecutions under this Act the burden of proof of such consent of the owner shall devolve and be upon the defendant.

SEC. 4. The crowded condition of the calendar and the fact that there is no adequate law to prevent the destruction of fish, creates an emergency and imperative public necessity for the suspension of the constitutional rule requiring bills to be read on three several days, and the said rule is therefore suspended, and this Act shall 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, yeas 101, nays 0; and passed the Senate by a two-thirds vote, yeas 24, nays 0.]

Approved April 5, 1907.

Became a law April 5, 1907.

COCK FIGHTS-PROHIBITING SAME.

H. B. No. 306.]

CHAPTER LXXVI.

An Act to prevent the matching of cock fights and fights between other animals or fowls, and to prevent the keeping of cock pits or other places for the purpose of matching fights between cocks or any other animals or fowls.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That any person who shall match or be concerned in matching any cock fight or who shall match or be concerned in matching or causing a fight between any animals or fowls, or who shall keep or be concerned in keeping any cock pit or other place for the purpose of matching fights between cocks or any other animals or fowls, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than ten nor more than one hundred dollars. Each day such cock pit or other place as aforesaid shall be kept shall constitute a separate offense.

SEC. 2. The fact that there is now no law prohibiting persons from betting on the fighting of cocks and wild animals in this State and prohibiting them from fighting, and the fact that such is demoralizing to the boys of this State, and the near approach of the close of the present session of the Legislature create an emergency and an imperative public necessity that the constitutional rule requiring bills to 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.

Approved April 5, 1907.

Takes effect ninety days after adjournment.

INTOXICATING LIQUORS-PROHIBITING THE STORING OF SAME FOR SALE IN LOCAL OPTION DISTRICTS.

An Act denouncing as a nuisance any place, room or building in any County, Justice Precinct, town, city or such subdivision of a County as may be designated by the Commissioners' Court of said County, in which the sale of intoxicating liquors have been prohibited under the laws of this State, kept or used for the purpose of selling intoxicating liquor in violation of law, also denouncing as a nuisance any intoxicating liquor kept, possessed or used for such purpose and the tools, appliances and furniture used therewith, prescribing a suitable procedure for the search and seizure of any such liquor, tools, appliances and furniture, for the trial of the issue presented, the judgment to be rendered therein, also to prevent by means of the writ of injunction at the suit of the State or any citizen thereof, the use or the contemplated use, or threatened use of any such place, room or building or the keeping of any such intoxicating liquor and the tools, appliances and furniture used therewith, for any such illegal purpose, and providing an emergency.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. Any place, room or building, in any County, Justice Precinct, town, city or such subdivision of the County as may be designated by the Commissioner.' Court of said County, in which the sale