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SEC. 2. The fact that the appropriation heretofore made for the contingent expenses of the Thirtieth Legislature is exhausted and that there is now no fund for this purpose, 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 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 101, nays 0; and passed the Senate with the following vote, yeas 27, nays 0.]

Approved April 15, 1907.

Became a law April 15, 1907.

COURTS-PRESCRIBING TIME FOR HOLDING COURT IN THE THIRTY-EIGHTH JUDICIAL DISTRICT.

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An Act to prescribe the time of holding the terms of the district court in the various counties comprising the Thirty-eighth Judicial District of the State of Texas, and to repeal all laws in conflict therewith.

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

SECTION 1. That the following counties shall compose the Thirtyeighth Judicial District of Texas, to-wit: Kendall, Uvalde, Zavalla, Medina, Bandera, Edwards and Kerr, and the times of holding the District Court therein shall be as follows:

In the county of Kendall, on the first Monday in March and September and may continue in session two weeks. In the county of Zavalla, on the second Monday after the first Monday in March and September, and may continue in session two weeks. In the County of Uvalde, on the fourth Monday after the first Monday in March and September, and may continue in session three weeks. In the county of Medina, on the seventh Monday after the first Monday in March and September, and may continue in session four weeks. In the county of Bandera, on the eleventh Monday after the first Monday in March and September, and may continue in session three weeks. In the county of Edwards, on the fourteenth Monday after the first Monday in March and September, and may continue in session two weeks. In the county of Kerr, on the sixteenth Monday after the first Monday in March and on the first Monday in January and may continue in session until the business is disposed of.

SEC. 2. All writs, process, recognizances and bonds issued, entered into or executed prior to the taking effect of this Act and returnable to terms of court heretofore fixed by law in the several counties composing said district, are hereby made returnable to the terms of said court as fixed by this Act, and shall be as valid and binding as if no change had been made in holding said courts.

SEC. 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

SEC. 4. The necessity for a change in times of holding court in said district, and the crowded condition of the calendar, creates an emergency and imperative public necessity requiring a suspension of the constitutional Rule requiring Bills to be read on three several days, and said rule is hereby suspended.

Approved April 15, 1907.

Takes effect ninety days after adjournment.

HIDE AND ANIMAL INSPECTOR-EXEMPTING WEBB COUNTY THEREFROM.

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An Act to exempt the county of Webb from the provisions and operations of Articles 5002-5042, inclusive, of Chapter 6, Title CII of the Revised Civil Statutes of 1895, as amended by act of the Twenty-eighth and Twenty-ninth Legislatures relating to the inspection of hides and animals and to repeal all laws in conflict herewith, and to declare an emergency.

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

SECTION 1. That the county of Webb, be and the same is hereby exempted from the operation and provisions of Articles 5002 and 5042, inclusive, of Chapter 6, Title 102 of the Revised Civil Statutes of 1895, relating to the inspection of hides and animals.

SEC. 2. That all laws and parts of laws in conflict herewith, be and the same are hereby repealed.

SEC. 3. The fact that the operation of said provisions of law in said county of Webb, entails a great and unnecessary expense upon the people and the stockraisers of said county of Webb, and the crowded condition of the calendar, creates an emergency and an imperative public necessity, that the constitutional rule requiring bills to be read on three several days be suspended and this Bill be in force and take effect from and after its passage, and it is so enacted.

Approved April 15, 1907.

Takes effect ninety days after adjournment.

SCHOOL TRUSTEES-RELATING TO THEIR DUTIES, QUALI

S. B. No. 61.]

FICATIONS, ETC.

CHAPTER CVI.

An Act to amend Sections 93 and 94 of Chapter 124 of the Acts of the Regular Session of the Twenty-ninth Legislature, relating to school trustees, their duties and qualifications; and providing means for their removal and venue of suits for such removal; authorizing the county attorney or district attorney, in case there be no county attorney, of Texas, in the name of the State of Texas, to bring suit for such removal; and providing for the appointment of trustees in case of vacancy; and providing for the division of the school funds between the different school districts in each county; and providing the manner of fixing the time and duration of schools in each school district in this State.

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

SECTION 1. That Sections 93 and 94 of Chapter 124 of the Acts of the Regular Session of the Twenty-ninth Legislature be amended so as to hereafter read as follows:

Sec. 93. White and colored children shall not be taught in the same schools, but impartial provision shall be made for both races. Three trustees shall in all cases be elected for the control and management of the schools of the district. Provided, the trustees elected must be able to read and write intelligently the English language, and read, comprehend and interpret the laws of the State of Texas relating to the public school system; and in the event a trustee elected, in the opinion of the county superintendent or the county judge, who is ex-officio county superintendent, is not qualified to serve under the provisions of this act, it shall be the duty of the county superintendent, or such county judge who is ex-officio county superintendent, to refuse to recognize such person who has been so elected as such school trustee, and to make written request, within twenty days after such election, of the county attorney, or district attorney in case there be no county attorney, to institute and prosecute with dispatch such suit, in the name of the State of Texas for the removal of such trustee in the district court of the county where such trustee resides, at the option of the county attorney or district attorney in case there be no county attorney; provided, it shall be lawful under the provisions of this act, upon good cause shown within the discretion of the court where such suit is pending, to enjoin and restrain such person from acting as such trustee during the pendency of such suit for his removal. It shall be lawful under the provisions of this act to summon such trustee so elected before the court in the trial of such cause, and there make examination of him as to his qualifications to serve as such trustee as defined by this act, and in case such trustee, after having been duly cited to answer in said cause and summoned as herein above provided to appear for examination, shall fail, neglect or refuse to obey said summons and fail to appear for the purpose of examination, and fail or refuse to submit to such examination, such failure, neglect or refusal shall be prima facie evidence of his disqualification under the terms of this act, and because thereof the court trying such cause shall be authorized to render thereupon judgment by default against such trustee so defaulting, removing him from his said office of school trustee and declaring the same

vacant. It shall be the duty of the commissioners court of the county where such trustee has been elected to appoint some suitable person who is qualified as herein defined to act as such trustee during the pendency of such suit to remove such trustee so elected, if he shall be enjoined from so acting, and in case such trustee so elected shall be so removed by such suit brought by the county attorney or district attorney in case there be no county attorney, then such trustee so appointed by the commissioners court of said county shall continue to serve until the next regular election of school trustees for such district; provided, however, that such trustee so appointed may be removed for the causes and in the manner provided by this section. In case of vacancy in said office of trustee, by resignation or otherwise, the commissioners court of the county shall appoint a suitable person qualified under the provisions of this act to so act as such trustee until the next regular election of school trustees for such district; and in case such commissioners court under the provisions hereof should appoint some person not qualified, suit for his removal shall be brought by the county attorney or district attorney in case there be no county attorney, of the State, in the name of the State of Texas, in the manner and upon the same terms and conditions as has been herein provided for in case of the election of persons who are not qualified to act as such trustees. The returns of the election of the trustees to be elected, as hereinbefore provided for the control and management of the schools of the district shall be made to the county clerk of the county, where such election is held, who shall deliver the same to the commissioners court, to be canvassed and the result declared as in cases of other elections, which commissioners court shall issue to the persons so elected their commissions as such trustees.

Sec. 94. The county superintendent, or county judge who is ex-officio county superintendent, upon the receipt of the certificate issued by the Board of Education for the State fund belonging to his county shall apportion the same to the several school districts (not including the independent school districts of the county), making a pro rata distribution as per the scholastic census, and shall at the same time apportion the income arising from the county school fund to all the school districts, including the independent school districts, of the county, making a pro rata distribution as per scholastic census. Within thirty days after such apportionment by the county superintendent of education, or county judge who is ex-officio county superintendent of education, the trustees of each district shall, if possible, agree upon a division of the funds of the district among the schools thereof, and shall fix the term for which the schools of the district shall be maintained for the year. Should they agree upon a division of the funds of the district or upon the length of the term for which the schools of the district shall be maintained, they shall at once certify their agreement to the county superintendent, or county judge who is ex-officio county superintendent, who shall not approve any contract with teachers of the district until such agreement is received. Should the trustees fail to agree upon a division of the funds of the district, or upon the length of the term for which the schools of the district shall be maintained, they shall at once certify their disagreement to the county superintendent, or the

county judge who is ex-officio county superintendent, who shall proceed to fix the school term of such school district and declare the division of the school fund of the district among the schools thereof, endeavoring as far as practicable to provide for the schools of such district school terms of the same length.

Approved April 16, 1907.

Takes effect ninety days after adjournment.

INJUNCTIONS-PROVIDING FOR APPEALS, ETC.
CHAPTER CVII.

H. B. No. 131.]

An Act to amend Article 2989, Title 56, of the Revised Civil Statutes, with respect to the granting of injunctions, and providing for appeals from judgments or orders of trial courts in such cases, and declaring an emergency.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 2989 of the Revised Civil Statutes of Texas be amended so as to read as follows:

Article 2989. Judges of the District and County Courts shall either in term time or vacation hear and determine all applications and may grant writs of injunction, returnable to said courts in the following

cases:

(1) Where it shall appear that the party applying for such writ is entitled to the relief demanded, and such relief, or any part thereof, requires the restraint of some act prejudicial to the applicant.

(2) Where, pending litigation, it shall be made to appear that a party is doing some act respecting the subject of litigation, or threatens or is about to do some act, or is procuring or suffering the same to be done in violation of the rights of the applicant, which act would tend to render judgment ineffectual.

(3) In all cases where the applicant for such writ may show himself entitled thereto under the principles of equity, and as provided by statutes in all other acts of this State providing for the granting of injunctions.

Provided, that no District Judge shall have the power to grant any writ of injunction returnable to any other court than his own, unless the application or petition therefor shall state that the resident judge, that is the judge in whose district the suit is, or is to be, brought, is absent from his district, or is sick and unable to hear or act upon the application, or is inaccessible; or unless such resident judge shall have refused to hear or act upon such application for the writ of injunction, or unless such judge is disqualified to hear or act upon the application; and the facts of, and relating to, such judge's absence, or sickness and inability, or disqualification, or inaccessibility, or refusal to act, must be fully set out in the application for the writ, or in an affidavit accompanying said application; and in case of such absence, or sickness and inability, or inaccessibility, or disqualification, of the resident judge, or in case of his refusal to hear, or act upon, such application no District Judge shall have the power to grant the writ when the application

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