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COUNTY ATTORNEYS-FIXING COMPENSATION FOR REPRESENTING STATE IN CORPORATION COURTS.

H. B. No. 687.]

CHAPTER LXXXVIII. An Act fixing the compensation of county attorneys who, in cities of over thirty

thousand and under forty thousand population, according to the United States census of 1900, represent the State in misdemeanor cases in the corporation courts thereof, and to declare an emergency.

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

Section 1. That county attorneys, who in cities of over thirty thousand and under forty thousand population, according to United States census of 1900, represent the State in misdemeanor cases in the corporation courts thereof, shall receive for such services the same fees as are now provided for by law for similar services in justice courts, and in no case shall there be charged more than one fee, as provided by law.

SEC. 2. The fact that there is now no law providing compensation for county attorneys who represent the State in corporation courts in cities of over thirty thousand and under forty thousand population, according to United States census of 1900, creates an emergency and an imperative public necessity, justifying the suspension of the constitutional rule requiring bills to be read on three several days, and said rule 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 House of Representatives with the following vote, yeas 89, navs 0; and passed the Senate with the following vote, yeas 21, navs 0.1

Approved April 11, 1907.
Became a law April 11, 1907.

RAILROADS-AUTHORIZING CONSOLIDATION OF G. C. & S.

F. RY. CO. AND T. & G. RY. CO.

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An Act to authorize the Gulf, Colorado and Santa Fe Railway Company to pur

chase the railroads and all other properties of the Texas and Gulf Railway Company now owned and hereafter acquired, and to operate the same under the charter of the Gulf, Colorado and Santa Fe Railway Company, and as part of its own lines, and to extend the said railroads and to construct branches therefrom, by amendment to its charter under the general laws of the State of Texas; and to authorize the corporation or corporations, person or persons, now or hereafter owning the said properties, to sell the same, or any part thereof, to the Gulf, Colorado and Santa Fe Railway Company, and until such purchase is made, to authorize the lease by the Gulf, Colorado and Santa Fe Railway Company of the railroads and other properties of the said other company, and until such purchase is made, to authorize the Gulf, Colorado and Santa Fe Railway Company to purchase and own the capital stock of the Texas and Gulf Railway Company; and to require as a condition hereoi, the construction of a railroad by either of said companies from Longview, Texas, to a point on Red River, in Texas, and of a railroad from a point on the railroad of the Texas and Gulf Railway Company to a point on the railroad of the Gulf, Beaumont and Great Northern Railway Company, and for such purposes to authorize the Gulf, Colorado and Santa Fe Railway Company, or the Texas and Gulf Railway Company to amend its charter under the general laws of the State, and declaring an emergency.

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

SECTION 1. That the Gulf, Colorado and Santa Fe Railway Company is hereby authorized and empowered to purchase the railroads and other properties of every character of the Texas and Gulf Railway Company, now owned and hereafter acquired (said The Texas and Gulf Railway Company now owns a railroad from Longview in Gregg County to Watterman in Shelby County, Texas), and the corporation or corporations, person or persons, now or hereafter owning the said properties, are authorized and empowered to sell, transfer and convey the said railroads and all such other properties, real, personal or mixed, to the Gulf, Colorado and Santa Fe Railway Company; when the said properties are so purchased by the Gulf, Colorado and Santa Fe Railway Company, it, the said Gulf, Colorado and Santa Fe Railway Company, shall, and it is hereby authorized to own and operate the same under its charter and as a part of its own lines, and it shall have the right, by amendment to its charter, under the general laws of this State, to extend the said railroads and to construct branches of the said railroads and of the extension thereof.

SEC. 2. In addition to the stocks and bonds heretofore issued by it, the Gulf, Colorado and Santa Fe Railway Company is hereby empowered and authorized to issue its stocks and bonds either or both, to make payment for the said properties, but the said stocks and bonds shall not be used at less than par value, and before the same shall be issued, much thereof as shall be used to pay for property in this State shall be approved by an order of the Railroad Commission of Texas, and registered by the Secretary of State; before making such order the Railroad Commission shall require satisfactory evidence that all bonds theretofore issued by said The Texas and Gulf Railway Company have been satisfied and cancelled ; provided, that before approval of any bonds or stock

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under this Act, the Railroad Commission shall require the filing of all agreements relating to the purchase price and all other data pertaining thereto.

SEC. 3. The said Gulf, Colorado and Santa Fe Railway Company shall have the right to either purchase and pay for such railroads and other properties, as provided in Section 2 of this Act, or it may purchase the said railroads and other properties subject to all bonds and mortgages of the Texas and Gulf Railway Company then owing and outstanding, and the said Gulf, Colorado and Santa Fe Railway Company may issue a sufficient amount of its stock to pay for the said railroads: and properties, subject to the bonds and mortgages then outstanding; and such stock so issued by the Gulf, Colorado and Santa Fe Railway Company to be first approved by the said Railroad Commission. In the event a purchase be made under this Section, the Gulf, Colorado and Santa Fe Railway Company may at any time thereafter issue its bonds in exchange for the bonds outstanding of the Texas and Gulf Railway Company; provided, the said bonds so to be issued in exchange shall be approved by the said Railroad Commission, which shall require satisfactory evidence of the cancellation of the bonds of the Texas and" Gulf Railway Company, before approving the bon.Is so to be issued by the Gulf, Colorado and Santa Fe Railway Company.

Sec. 4. No bonds that may be issued and no mortgages that may be on any part of any line or lines in the Indian Territory or the Territory of Oklahoma shall be a lien on any property in this State, and the Railroad Commission of this State shall not be required to approve any bonds that may be issued on any such line in the Indian Territory or the Territory of Oklahoma, and Chapter 14, Title XCIV of the Revised Civil Statutes of this State shall not apply thereto. Provided, that none of the present bonded or mortgaged indebtedness of Gulf, Colorado and Santa Fe Railway Company shall ever become a lien on the properties of the Texas and Gulf Railway Company, nor upon any extension of said The Texas and Gulf Railway Company: provide:l further that no bonded or mortgaged indebtedness shall hereafter be created upon the property, franchise or income of the Gulf, Colorado and Santa Fe Railway Company in this State; or upon the property, franchise or income of the Texas and Gulf Railway Company in this State or any extension thereof, without the approval of the Railroad Commission of of Texas, which approval shall be made in accordance with the provisions of Chapter 14, Title XCIV of the Revised Civil Statutes of Texas, and of any general law of this State applicable thereto.

SEC. 5. Until a purchase shall have been made by the Gulf, Colorado and Santa Fe Railway Company under this Act of the properties described in Section 1 hereof, the said Gulf, Colorado and Santa Fe Railway Company is hereby authorized and empowered to lease said railroads and all other properties of the Texas and Gulf Railway Company for a term or terms not exceeding fifty vears, upon such terms as may be agreed upon by the said Gulf, Colorado and Santa Fe Railway Company and the owner or owners of said railroads and other properties or either, of them, and to operate the same, or either of the same during any such lease as a part of its own lines. During the existence of any such lease the Texas and Gulf Railway Company shall remain liable upon all valid contracts and for all debts and liabilities of every character at the time that such lease is executed, to the same extent as though such lease had not been executed. Provided, that the rental to be paid under any such lease, in addition to the cost of maintenance and operation, shall not exceed a sum equal to the interest on the bonds of The Texas and Gulf Railway Company, approved by the Railroad Commission of Texas, and to a dividend at the rate of five per cent per annum on its stock lawfully issued.

SEC. 6. In the event of any purchase of any of the property described in Section 1 of this Act by the Gulf, Colorado and Santa Fe Railway Company, said property so purchased shall, in the possession of the Gulf, Colorado and Santa Fe Railway Company, be and remain liable upon all valid contracts for all debts and liabilities (other than bonds which may have been cancelled as provided in this Act) existing at the time of such purchase, to the same extent that the same would have been while owned by and in possession of the corporation or corporations, person or persons, from whom such purchase shall be made; it being the intent hereof that such purchase shall not discharge such property from any contract, obligation or other liability which would have existed but for such purchase, and suits pending at the time of such purchase may be prosecuted and suits thereafter may be instituted on any such debt, liability or contract, in which services of process may be had upon any officer or agent of the Gulf, Colorado and Santa Fe Railway Company, on whom service may be authorized by the general laws of this State, and in such suit or suits, the party or parties shall be entitled to any and every remedy that would have existed had no such purchase been made.

SEC. 7. Any purchase or lease authorized by this Act shall be valid only when approved by a vote of two-thirds of the stock of each company to be affected thereby.

SEC. 8. Until such bonds shall be acquired by the Gulf, Colorado and Santa Fe Railway Company, or cancelled as hereinafter provided, The Gulf, Colorado and Santa Fe Railway Company is hereby authorized and empowered to guarantee the payment of the bonds now or hereafter issued and interest thereon as the same shall accrue, of The Texas and Gulf Railway Company. Until such purchase shall have been made, as authorized by Section 1, The Gulf, Colorado and Santa Fe Railway Company may purchase any or all of the capital stock of The Texas and Gulf Railway Company now or hereafter issued, and may subscribe and pay for capital stock that may be hereafter lawfully issued by The Texas and Gulf Railway Company, but such purchase of stock by the Gulf, Colorado and Santa Fe Railway Company shall be made only after a certificate by the Railroad Commission that the price to be paid therefor is not more than the fair value thereof.

SEC. 9. The Texas and Gulf Railway Company or the Gulf, Colorado and Santa Fe Railway Company shall within three years from the date when this Act shall take effect, construct a railroad from Longview in Gregg County, Texas, to a point on Red River in this State, and a railroad from some point on the present line of The Texas and Gulf Railway Company to some point on the present line of the Gulf, Beaumont and Great Northern Railway Company, both points being in the State of Texas, and to provide for the construction of said railroads, said companies, and each of them are hereby authorized to amend their

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respective charters under the general laws of this State. If the railroads to be constructed as provided herein shall not be constructed within said three years, the powers, rights and privileges granted by this Act shall be forfeited; provided, further, that the Gulf, Colorado and Santa Fe Railway Company shall establish and maintain division headquarters in the City of Longview, Texas.

SEC. 10. The crowded condition of the calendar and the demand for a continuous North and South line through the Eastern Section of the State create an emergency and an imperative public necessity that the Constitutional Rule requiring bills to be read on three several days be suspended, and it is so enacted.

S. P. SKINNER, President Pro Tem. of Senate.

Thos. B. LOVE,

Speaker of the House of Representatives. Received in the Executive Office, this 1st day of April, A. D. 1907, at 2 o'clock and 15 minutes p. m.

A. M. BARTON,

Private Secretary. I hereby certify that the within S. S. B. No. 6 passed the Senate March 11, 1907, aves 20, nays 6. House amendments concurred in on April 1, 1907, by two-third vote, aves 23, navs 2.

CLYDE D. SMITH,

Secretary of the Senate. I hereby certify that the within S. S. B. No. 6 passel the House of Representatives with amendments, March 28, 1907, veas 70, nays 32.

BOB BARKER,

Chief Clerk, House of Representatives. In the Senate.- April 10, 1907.-Received back from the Governor with veto message, which was read and printed in the Journal. Called. up and passed by two-thirds vote, ayes 21, nays 10.

CLYDE D. SMITH,

Secretary of the Senate. In the House.- April 10, 1907.—Received from the Senate with vetomessage April 11, 1907. Message read. Failed to pass by the following vote, yeas 83, navs 36, present not voting 6 (not receiving the required two-thirds vote). April 11, 1907. Reconsidered and passed by the following rote, veas 88. nays 36, present not voting 3.

BOB BARKER,

Chief Clerk, House of Representatives. In the Senate.-April 11, 1907.-Received back from House.

CLYDE D. SMITH,

Secretary of the Senate. We certify that the foregoing Substitute Senate Bill No. 6 was disapproved by the Governor and returned by him with his objections to the Senate in which it originated. Whereupon the objections of the Governor were entered at large upon the Journal of the Senate. Whereupon the Senate proceeded to reconsider the bill and after such reconsid

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