that the immunity clause of the statute prohibiting trusts, monopolies and conspiracies in restraint of trade should be broadened, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each House be suspended, and said rule is suspended, and this bill shall take effect from and after its passage, and it is so enacted.

Approved April 16, 1907.

Takes effect ninety days after adjournment.

GAMING-PROHIBITING BETTING ON BASE BALL OR FOOT BALL GAMES.

An Act prohibiting betting or gambling on baseball and football games, and providing penalties for violations.

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

SECTION 1. That it shall hereafter be unlawful for any person in this State to enter into an agreement with another, either orally, written or implied, whereby either one or both shall bet or wager money or anything of value, or otherwise become a party to any gambling scheme based upon the final result or outcome, or any play or portion thereof of a game of baseball, or football; provided, that nothin herein shall prohibit contesting baseball or football teams, or their duly authorized agents or managers from entering into an agreement as to the manner of disposition of gate receipts derived from such games.

SEC. 2. That any person found guilty of violating this law shall be subject to a fine of not less than five dollars nor more than one hundred dollars.

SEC. 3. The fact that there exists no adequate law on this subject, creates a public necessity and emergency requiring the suspension of the constitutional rule requiring bills to be read on three several days, and the rule is so suspended, and that this act 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.

RAILROADS-PROVIDING EIGHT HOUR DAY FOR RAILROAD, TELEGRAPH OR TELEPHONE OPERATORS.

An Act to provide for an eight hour day for railroad, telegraph or telephone operators, and providing penalties for the violation thereof, and declaring an emergency.

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

SECTION 1. That it shall be unlawful for any person, corporation or association operating a railroad within this State to permit any

telegraph or telephone operator who spaces trains by the use of the telegraph or telephone under what is known and termed "Block System" defined as follows: Reporting trains to another office or offices, or to a train dispatcher operating one or more trains under signals, and telegraph or telephone levermen who manipulate interlocking machines. in railroad yards or on main tracks out on the lines connecting side tracks or switches, or train dispatchers in its service whose duties substantially, as herein before set forth, pertain to the movement of cars, engines or trains on its railroad by the use of the telegraph or telephone in dispatching or reporting trains or receiving or transmitting train orders as interpreted in this Section, to be on duty for more than eight hours in any twenty-four consecutive hours; provided, that the provisions of this Act shall not apply to railroad, telegraph or telephone operators at stations where the services of only one operator is needed.

SEC. 2. And be it enacted, that any person, corporation or association that shall violate Section 1 of this Act shall pay a fine of one hundred dollars for each violation of this Act.

SEC. 3. It shall be unlawful for any railroad, telegraph or tele phone operator to work more than eight hours in twenty-four consecutive hours at such occupation, and any such operator violating this Section shall pay a fine in any sum not less than twenty-five dollars nor more than one hundred dollars; provided, that in case of an emergency any operator may remain on duty for an additional two hours.

SEC. 4. And be it enacted, that the fine mentioned in Section 2 of this Act shall be recovered by an action of debt in the name of the State of Texas for the use of the State, who shall sue for it against such person, corporation or association violating this Act, said suit to be instituted in any court in this State having appropriate jurisdiction.

SEC. 5. And be it enacted, that the said fine, when recovered as aforesaid shall be paid into the public school funds of the State of Texas.

SEC. 6. Owing to the crowded condition of the calendar, the near approach of the end of the session and the necessity for a law providing for an eight hour day for railroad telegraphers, creates an emergency and an imperative public necessity requiring the constitutional rule requiring bills to be read on three several days in each house be suspended, 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.

PRACTICE OF MEDICINE-REGULATING SAME.

S. B. No. 26.]

CHAPTER CXXIII.

An Act to define and regulate the practice of medicine; to create a Board of Medical Examiners for the examination and licensing of physicians and surgeons and to prescribe their qualifications; to provide for their proper registration, and to provide or the revocation of their licenses, and to fix suitable penalties for the violation of this act, and also to repeal Chapter 12 of the General Laws of Texas, passed by the Twenty-seventh Legislature, page 12, Laws of 1901, and all laws and parts of laws in conflict herewith, and declaring an emergency.

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

SECTION 1. That a board, to be known as the Board of Medical Examiners for the State of Texas, is hereby established. Said board shall consist of eleven men learned in medicine, legal and active practitioners in the State of Texas, who shall have resided and practiced medicine in this State under a diploma from a legal and reputable college of medicine of the school to which said practitioner shall belong for more than three years prior to their appointment, and no one school shall have a majority representation on said board. Said board shall be appointed by the Governor of this State within ninety days after this act shall become effective and biennially thereafter within ninety days after his inauguration and the term of office of its members shall be two years, or until their successors shall be appointed and qualified. No member of said board shall be a stockholder or a member of the faculty or a board of trustees of any medical school. Vacancies occurring in the board shall be filled by the Governor. The word "medicine" as used in this section shall have the same meaning and scope as given to it in Section 13 of this act.

SEC. 2. The members of said board shall qualify by taking the oath of office before a notary public or other officer empowered to administer oaths in the county in which each shall respectively reside. At the first meeting of said board after each biennial appointment the board shall elect a president, vice president and secretary-treasurer. Six members shall constitute a quorum. Regular meetings shall be held at least twice a year, at such times and places as shall be deemed most convenient for applicants. Due notice of such meetings shall be given by publication in such papers as may be selected by the board. Special meetings may be held upon a call of three members of the board. The board may prescribe rules, regulations and by-laws, in harmony with the provisions of this act, for its own proceedings and government for the examination of applicants for the practice of medicine and obstetrics. Said board, or any member, shall have power to administer oaths for all purposes required in the discharge of its duties, and to adopt a seal to be affixed to all of its official documents.

SEC. 3. The Board of Examiners shall preserve a record of its proceedings in a book kept for that purpose, showing name, age, place and duration of residence of each applicant, the time spent in medical study in respective medical schools, and the year and school from which degrees were granted; said register shall also show whether applicants were rejected or licensed, and shall be prima facie evidence

of all matters contained therein. The secretary of the board shall, on March 1 of each year, transmit an official copy of said register to the Secretary of State for permanent record, certified copy of which, with hand and seal of the secretary of said board, or Secretary of State, shall be admitted in evidence in all courts.

SEC. 4. From and after the pasage of this act it shall be unlawful for any one to practice medicine in any of its branches upon human beings within the limits of this State who has not registered in the district clerk's office of the county in which he resides his authority for so practicing, as herein prescribed, together with his age, postoffice address, place of birth, school of practice to which he professes to belong, subscribed and verified by oath, which, if wilfully false, shall subject the applicant to conviction and punishment for false swearing as provided by law. The fact of such oath and record shall be indorsed by the district clerk upon the certificate. The holder of the certificate must have the same recorded upon each change of residence to another county, and the absence of such record shall be prima facie evidence of the want of possession of such certificate.

SEC. 5. It is hereby made the duty of the district clerk of each county in this State to purchase a book of suitable size, to be known as the "Medical Register" of such county, and set apart one full page for the registration of each physician, and to record in the same the name and record of each practitioner who presents a certificate from the State Board of Examiners, issued under this act. The clerk shall receive the sum of one dollar from each physician so registered, which shall be his full compensation for all duties required under this act. When any physician shall die or remove from the county, or have his license revoked, it shall be the duty of said clerk to make a note of facts at the bottom of the page as closing the record. On the first day of January in each year said clerk shall, on request of the beard, certify to the office of the State Board of Medical Examiners a correct list of the physicians then registered in the county, together with such other information as said board may require. Any district clerk, upon conviction of knowingly violating any of the provisions of this act, shall be fined not more than fifty dollars. A copy from the medical register pertaining to any person certified to by said clerk under the seal of said court; also a certificate issued by said officer certifying that any person named has or has not registered in said office as required by this act, shall be admitted as evidence in all trials courts.

SEC. 6. Within one year after the passage of this act all legal practitioners of medicine in this State, who, practicing under the provisions of previous laws, or under diplomas of a reputable and legal college of medicine, have not already received license from a State Medical Examining Board of this State, shall present to the Board of Medical Examiners for the State of Texas documents, or legally certified transcripts of documents, sufficient to establish the existence and validity of such diplomas or of the valid and existing license heretofore issued. by previous examining boards of this State, or exemption existing under any law, and shall receive from said board verification license, which shall be recorded in the district clerk's office in the county in which the licentiates may reside. Such verification license shall be

issued for a fee of fifty cents to all practitioners who have not already received a license from the State Board of Medical Examiners of this It is especially provided that those whose claims to State licenses rest upon diplomas from medical colleges recorded from January 1, 1891, to July 9, 1901, shall present to the State Board of Medical Examiners satisfactory evidence that their diplomas were issued from bona fide medical colleges of reputable standing, which shall be decided by the Board of Medical Examiners before they are entitled to a certificate from said board. This board may, at its discretion, arrange for reciprocity in license with the authorities of other States and Territories having requirements equal to those established by this License may be granted applicants for license under such reciprocity on payment of twenty dollars.

act.

SEC. 7. All applicants for license to practice medicine in this State who are not licensed under the provisions of the previous section must successfully pass an examination before the Board of Medical Examiners established by this act. Applicants to be eligible for examination must present satisfactory evidence to the board that they are more than twenty-one years of age, of good moral character and graduates of bona fide, reputable medical schools. Such schools shall be considered reputable within the meaning of this act whose entrance requirements. and courses of instruction are as high as those adopted by the better class of medical schools of the United States, whose course of instruction shall embrace not less than four terms of five months each. Application for examination must be made in writing under affidavit to the secretary of the board, on forms prepared by the board, accompanied by a fee of fifteen dollars; except when an applicant desires to practice obstetrics alone the fee shall be five dollars. Such applicants. shall be given due notice of the date and place of examination. Applicants to practice obstetrics in the State of Texas, upon proper application, shall be examined by the board in obstetrics only, and upon satisfactory examination shall be licensed to practice that branch only; provided, this shall not apply to those who do not follow obstetrics as a profession, and who do not advertise themselves as obstetricians or midwives, or hold themselves out to the public as so practicing. In case any applicant, because of failure to pass examination, be refused a license, he or she shall, after one year, be permitted to take a second examination without an additional fee.

SEC. 8. The fund realized from the aforesaid fees shall be applied first to the payment of necessary expenses of the Board of Examiners; any remaining funds shall be applied by the order of the board to compensating members of the board in proportion to their labors.

SEC. 9. All examinations shall be conducted in writing and in such manner as shall be entirely fair and impartial to all individuals and every school of medicine, the applicants being known by numbers, without names or other method of identification on examination papers by which members of the board may be able to identify such papers, until after the applicants have been granted licenses or rejected. Examinations shall be conducted on the scientific branches of medicine only, and shall include anatomy, physiology, chemistry, histology, pathology, bacteriology, physical diagnosis, surgery, obstetrics, gynecology,