twenty-one years without the written consent of the parent or guardian of such minor or person under the age of twenty-one years or some one standing in their place or stead, shall be guilty of a misdemeanor, and shall be punished upon conviction therefor by a fine of not less than twenty-five nor more than one hundred dollars.

SEC. 2. The crowded condition of the calendar, and the near approach of the end of the session, creates an emergency and an imperative public necessity demanding the suspension of the constitutional rule requiring bills to be read on three several days, and that this bill take effect and be in force from and after its passage, and it is so enacted.

Approved April 16, 1907.

Takes effect ninety days after adjournment.

PUBLIC UTILITY CORPORATIONS-RATES FIXED BY CITY COUNCIL.

An Act to authorize the City council of all Cities and towns of over two thousand population incorporated under the general laws of this State to regulate and fix the rates to be charged by all water, gas, light and sewer companies, or persons engaged in supplying water, gas, light and sewer service to the public within the limits of said cities or towns and occupying the streets or other public places for that purpose, and to prescribe reasonable rules and regulations therefor; to require such companies and persons to make and file annual reports giving full publicity as to its properties, earnings and expenses, and to protect any such companies, corporations or persons from imposition; to prevent any Mayor or Member of the City Council from accepting any lower rate for water, gas, light or sewer service than the regularly established rate, or any frank, privilege or right from any of said Companies, corporations or persons, directly or indirectly, providing penalties therefor, and making it unlawful for any such corporation, company or person, directly or indirectly to give or grant any such privilege, frank or gift to any Mayor or member of such City Council, and providing penalties for the violation of this Act; providing that any such City may establish and operate all necessary plants to manufacture, generate, produce and supply water, gas, light, sewer and power for public purposes, and to sell and distribute the same to the public within and throughout the limits of any such City or town and declaring an emergency.

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

SECTION 1. That the City Council of all Cities and towns in the State of Texas of over two thousand population incorporated under the general laws thereof, shall have the power to regulate by ordinance the rates and compensation to be charged by all water, gas, light and sewer companies, corporations or persons using the streets and public grounds of said city or town, and engaged in furnishing water, gas, light or sewerage service to the public; and also to prescribe rules and regulations under which such commodities shall be furnished, and service rendered, and to fix penalties to enforce such charges, rules and regulations; provided that the City Council or Board of Aldermen shall not prescribe any rate or compensation which will yield less than ten (10%) per cent per annum net on the actual cost of the physical properties, equipments and betterments.

SEC. 2. It shall be unlawful for the Mayor or any member of any City Council or Board of Aldermen, of any such City, or town in this State, to accept directly or indirectly any frank, privilege, free light or water, or sewerage service, or other service, or a lower rate therefor than the regular rate established by said Council or Board of Aldermen, or any gift or anything of value from any of the Companies, Corporations or persons heretofore mentioned in Section One of this Act; The servants, agents, officers or employes, or any person acting directly or indirectly in behalf of any of said companies, corporations or persons mentioned, who shall directly or indirectly give or grant any privilege, frank, free water, light, gas, sewerage service or free service of any kind, or any gift of anything of value to any Mayor, or to a member of any such City Council, Board of Aldermen, or any such Mayor, or a member of any such Council or Board of Aldermen who shall receive, accept or enjoy such free light, water, gas, or sewerage service, or other free service, or a lower rate than the regular rate, or any gift of anything of value, as prohibited herein, shall be guilty of a misdemeanor, and upon conviction therefor shall be fined in any sum not less than one hundred dollars, nor more than one thousand dollars ($1,000) or by confinement in the County jail not exceeding twelve months, or by both such fine. and imprisonment.

SEC. 3. The City Council shall have the power to pass such ordinances as they may deem necessary or proper to protect any of said companies, corporations or persons, in the free and full enjoyment of all their rights and franchises, to prevent any interference with their property or privileges and to prevent the free or unauthorized use or waste of the water or other commodity or service furnished and to prescribe penalties to enforce such ordinances.

SEC. 4. Any such company, corporation or person who may be engaged in furnishing to the inhabitants of any city or town mentioned in Section one, any water, light, gas or sewerage service shall on or before the first day of March of each year file with the Mayor of such City or town a report in writing, sworn to by the manager, secretary, or president of such corporation, by a member of such company and by any such person which report shall show:

(a) The amount of any lien or mortgage upon the properties composing such plant;

(b) All other indebtedness pertaining to such enterprise and the consideration therefor;

(c) The actual cost of the visible physical properties, date when installed and the present value thereof, and herein the lands, machinery, buildings, pipes, poles, circuits, mains, shall each be treated separately; (d) The annual cost of operating such plant, showing under separate items, the amount paid for actual salaries, amount paid for labor of all kinds, fixed charges, including interest, taxes and insurance, giving each separately, amount paid for fuel, for extensions and repairs, giving each separately, and particularizing the extension and repairs: the cost of maintenance, amount paid for damages, claims or suits for damages, identifying each claim or suit; amount paid for miscellaneous expenses; and if any machinery or equipment is abandoned, worn out or its use discontinued within the preceding year, the same shall be stated, the

original cost thereof shall be given, and the present value thereof shall be stated;

(e) The report shall give the gross earnings from any such plant, including revenues from every source whatever, stating items separately, amount received by each department.

SEC. 5. Any such corporation or any member of such company, or any such person mentioned in this Act who shall for 30 days willfully fail or refuse to file the report in the manner provided by this Act shall forfeit and pay to any such City or town the sum of one hundred dollars ($100.00) per day for each and every day during which it shall continue in default; or if any such corporation or company or person shall file any report, knowing that the same does not truly report the facts about the matters mentioned therein, shall forfeit and pay to any such City or town the sum of two hundred and fifty dollars ($250.00) for each such willfully false report, all of which forfeitures and penalties shall be recovered at the suit of such City or town in any court of competent jurisdiction of the County wherein such City or town is located. SEC. 6. The City Council of all Cities and town in the State of Texas incorporated under the general laws thereof shall have the power where it owns the plant to regulate by ordinance the rates and compensation to be charged the public by said city or town for water, sewerage, gas, electricity or other fluid or substance used for lights, heat or power; to establish and operate necessary plants for the manufacture, generation or production thereof, and to sell and distribute the same to the public within and throughout the limits of any such city or town.

SEC. 7. Nothing in this Act shall be construed as repealing or invalidating any provision of Chapter 33 or 145, General Laws of the 29th Legislature of this State.

SEC. 8. The lateness in the session, the crowded condition of the calendars of both Houses, the importance of this measure to the public, creates an emergency and an imperative public necessity demanding the suspension of the Constitutional rule requiring bills to be read on three several days, and that this Act take effect and be in force from and after its passage, and the same are hereby so enacted.

Approved April 16, 1907.

Takes effect ninety days after adjournment.

EVIDENCE-AMENDING CODE OF CRIMINAL PROCEDURE.

H. B. No. 102.]

CHAPTER CXVIII.

An Act to amend Article 790, of Chapter 7, Title VIII of the Code of Criminal Procedure of Texas, relating to evidence.

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

SECTION 1. That Article 790 of Chapter 7, Title VIII, of the Code of Criminal Procedure of Texas, be and the same is hereby amended so as to read as follows:

Art. 790. The confession shall not be used if at the time it was made the defendant was in jail or other place of confinement, nor while he is

in the custody of an officer, unless made in the voluntary statement of the accused taken before an examining court in accordance with law, or be made in writing and signed by him, which written statement shall show that he has been warned by the person to whom the same is made: First, that he does not have to make any statement at all. Second, that any statment made may be used in evidence against him on his trial for the offense concerning which the confession is therein made, or unless in connection with said confession, he makes statements of facts or circumstances that are found to be true, which conduce to establish his guilt, such as the finding of secreted or stolen property, or the instrument with which he states the offense was committed; provided, that where the defendant is unable to write his name and sign the statement by making his mark, such statement shall not be admitted in evidence, unless it be witnessed by some person other than a peace office, who shall sign the same as a witness.

Approved April 16, 1907.

Takes effect ninety days after adjournment.

RAILROAD COMMISSION-CONFERRING POWER TO MAKE EMERGENCY RATES.

An Act to confer upon the Railroad Commission of Texas the power to make temporary freight and passenger rates, whenever an emergency arises the sufficiency of which shall be judged by said Commission, in order that justice may be done or injury prevented to any person, place or locality; and to suspend temporarily any existing freight or passenger rate, and to establish temporarily any freight or passenger rate where none exists, and to declare an emergency.

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

SECTION 1. That in addition to all other powers conferred by law upon the Railroad Commission of Texas, said Commission shall have the power to make temporary freight and passenger tariffs, to take immediate effect or at such times as shall be fixed by said Commission, whenever an emergency arises the sufficiency of which shall be judged of by said Commission, in order that justice may be done or injury prevented any person, place or locality; and said Commission shall have the power at once to suspend temporarily any existing freight or passenger tariff and to establish freight and passenger tariffs, rules and regulations for temporary use to have immediate effect where none exists.

SEC. 2. The near approach of the end of the Session and the demand for immediate legislation on this subject constitutes an imperative public necessity that the Constitutional rule requiring bills to be read in each House of the Legislature on three several days be suspended and that this Act take effect from and after its passage, and it is so enacted.

Approved April 16, 1907.

Takes effect ninety days after adjournment.

TRUSTS-DEFINING AND DECLARING ILLEGAL TRUSTS,

H. B. No. 493.]

ETC.

CHAPTER CXX.

An Act to amend Section 15 of Chapter 94, Acts of the Twenty-eighth Legisla ture of Texas, entitled "An Act to define, prohibit and declare illegal, trusts, monopolies and conspiracies in restraint of trade, and to prescribe penalties for forming or being connected with such trusts, monopolies and conspiracies, and to provide for the suppression of same, and to promote free competition in the State of Texas, and to repeal all laws in conflict therewith," and declaring an emergency.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Section 15 of Chapter 94, Acts of the Twenty-eighth Legislature, entitled "An Act to define, prohibit and declare illegal, trusts, monopolies and conspiracies in restraint of trade, and to prescribe penalties for forming or being connected with such trusts, monopolies and conspiracies, and to provide for the suppression of the same, and to promote free competition in the State of Texas, and to repeal all laws in conflict therewith," be so amended as to hereafter read as follows:

Section 15. Upon the application of the Attorney General or of any of his assistants, or of any district or county attorney, acting under the direction of the Attorney General, made to any county judge, or any justice of the peace, in this State, stating that he has reason to believe that a witness, who is to be found in the county in which such county judge or justice of the peace is an officer, knows of a violation of any of the provisions of this act, it shall be the duty of the county judge, or of the justice of the peace, as the case may be, before whom such application is made, to have summoned and to have examined such witness in relation to violations of any of the provisions of this act, said witness to be summoned as provided for in criminal cases. The said witness shall be duly sworn, and the county judge, or justice of the peace, as the case may be, shall cause the statements of the witness to be reduced to writing and signed and sworn to before him, such sworn statement shall be delivered to the Attorney General, his assistants, or the district or county attorney, upon whose application the witness was summoned. Should the witness summoned as aforesaid fail to appear, or to make statements of the facts within his knowledge, under oath, or to sign the same after it has been reduced to writing, he shall be guilty of contempt of court, and may be fined not exceeding one hundred dollars, and may be attached and imprisoned in the county jail until he shall make a full statement of all the facts within his knowledge with reference to the matter inquired about. Any person who shall testify before any county judge, or justice of the peace, as provided for in this act, or who shall testify as a witness for the State in the course of any statutory proceeding to secure testimony for the enforcement of this act, or in the course of any judicial proceeding to enforce the provisions of this act. shall not be subject to indictment or prosecution for any transaction. matter or thing concerning which he shall so give evidence, documentary or otherwise.

SEC. 2. The fact that there is no statute in force in this State authorizing county judges to inquire into violations of the law against trusts, monopolies and conspiracies in restraint of trade, and the fact