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SEC. 5. The United States shall be secure in their possession and enjoyment of all lands acquired under the provisions of this Act, and such lands and all improvements thereon shall be exempt from any taxation under the authority of this State so long as the same are held, owned, used and occupied by the United States for the purposes expressed in this Act, and not otherwise.

SEC. 6. And Whereas, the opening of another port on the Texas Coast is of vital importance to a large extent of country, and

Whereas, the present Legislature will not likely remain long in session, now, therefore, an imperative public necessity and an emergency exist requiring the suspension of the constitutional rule requiring bills to be read on three several days, and the rule is 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 the following vote, yeas 98, nays 0; and passed the Senate by the following vote, yeas 21, nays 0.]

Approved April 23, 1907.

Became a law April 23, 1907.

RAILROADS-REQUIRING PURCHASE OF SUFFICIENT ROLLING STOCK, ETC.

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An Act to require railroad companies chartered under the laws of the State of Texas and doing business in this State to purchase sufficient rolling stock and motive power to handle all passenger and freight traffic comfortably, expeditiously and without unreasonable delay and conferring authority upon the Railroad Commission of Texas to require compliance with the provisions of this Act, and prescribing penalties for their failure to do so or to observe orders made therein by the Railroad Commission of Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas: It is hereby declared to be the duty of every railroad company incorporated under the laws of the State of Texas and doing business in this State, under limitations and regulations prescribed by the Railroad Commission of Texas, to equip and provide sufficient motive power and rolling stock to handle all passenger and freight traffic expeditiously and without delay.

SEC. 2. The Railroad Commission shall have authority and it is hereby made its duty to see that each and every railroad corporation chartered under the laws of this State, holding itself out as a public highway and common carrier, shall provide and equip itself with sufficient motive power and rolling stock or other equipment necessary to handle all passenger and freight traffic expeditiously and without delay. The Railroad Commission of Texas shall be vested with full power to require of such common carriers the purchase of such rolling stock and motive power as will properly equip such common carrier and facilitate the movement of all traffic, passenger and freight, and that will supply the transportation accommodations which such com

mon carrier offers to perform as an inducement to the public to travel or ship via the lines of such railroad company or common carrier. The Railroad Commission is also authorized and empowered to approve liens or mortgages that may be given by such railroad companies and common carriers to secure the purchase or lease price of any equipment or motive power which may be deemed by the Railroad Commission necessary for the proper discharge of its duty as a common carrier. If in the judgment and discretion of the Commission any railroad company in this State, which now has an excessive issue of bonds and stocks outstanding, has not sufficient passenger and freight equipment and motive power to handle the passenger and freight business of such common carrier and railroad company, it shall be the duty of said Railroad Commission of Texas, after not less than five days notice and hearing, to issue an order requiring the purchase of such rolling stock as in the judgment and discretion of the Commission may be deemed necessary for the prompt, expeditious and comfortable transportation of freight and passengers over the line of such railroad company and common carrier, and in such case the Railroad Commission of Texas is authorized to approve contracts or liens for the purpose of securing the purchase or lease price of such rolling stock, motive power and equipment.

SEC. 3. Any railroad company or common carrier failing to comply with the provisions of this Act or to obey the orders of the Railroad Commission, made in pursuance of the provisions hereof shall be deemed guilty of an abuse of their rights and privileges and upon conviction shall be subject to a fine of $100.00 for a violation or failure to comply with any order that may be issued by the Railroad Commission as is provided said Commission may do by Section 2 of this Act and each day that such Railroad company or common carrier neglects, fails or refuses to comply with such orders shall constitute a separate offense.

SEC. 4. The near approach of the end of the session and the crowded condition of the calendar creates an imperative public necessity and an emergency that the rule requiring bills to be read on three several days be suspended and that this Act take effect from and after its passage, and it is so enacted.

Approved April 23, 1907.

Takes effect ninety days after adjournment.

CITIES AND TOWNS-RELATING TO APPOINTMENT OF POLICE OFFICERS.

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An Act to amend Title 18, Chapter 4, of the Revised Civil Statutes of the State of Texas, relative to Cities and Towns by adding to said chapter an article to be known and designated as "Article 483b," and declaring an emergency.

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

SECTION 1. That Title 18, Chapter 4 of the Revised Civil Statutes of the State of Texas be amended by adding thereto an article to be known as "Article 483b" which said article shall read as follows:

Article 483b. The city council or town council in any city or town in this State incorporated under the provisions of this title, may by ordinance provide for the appointment, term of office and qualifications of such police officer, or officers, as may by such city council be deemed necessary. Such police officer or officers so appointed by such city council shall receive a salary or fees of office, or both, as shall be fixed by the city council and such city council may, by ordinance, provide that such police officer or officers so appointed, shall hold their office at the pleasure of the city council and for such term as the city council may from time to time direct. Such police officer or officers so appointed by such city council shall give such bond for the faithful performance of his duties as the city council may require and such police officer or officers so appointed shall have like powers, rights and authority as are by said title vested in city marshalls.

SEC. 2. The large number of bills now pending before the Legislature creates an emergency and an imperative public necessity requiring the suspension of the constitutional rule requiring bills to be read oa three several days be suspended and said rule is hereby suspended and that this Act 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 with the following vote, yeas 24, nays 0; and passed the House of Representatives with the following vote, yeas 99, nays 0.]

Approved April 23, 1907.

Became a law April 23, 1907.

RAILROADS-RELATING TO CONSTRUCTION OF TER

S. B. No. 171.]

MINAL RAILWAYS.

CHAPTER CLVII.

An Act to amend Section 53, Article 642, Chapter 2, Title XXI, of the Revised Statutes of Texas, and declaring an emergency.

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

SECTION 1. That Section 53, Article 642, Chapter 2, Title XXI, of the Revised Statutes of the State of Texas, as amended by Chapter

109 of the General Laws of Texas of 1905, be still further amended so as to hereafter read as follows:

Section 53. The construction, maintenance and operation of terminal railways, and any such terminal railway company, in addition to the rights conferred by law upon corporations generally, shall have and exercise all rights and powers conferred upon railroad companies by Chapters 8 and 9 of Title 94 of the Revised Statutes of Texas relating to railroads, including the right to issue bonds in excess of its authorized capital stock; provided, that its stock and bonds shall be issued under the direction of the Railroad Commission of this State in accordance with the stock and bond law regulating the issuance of stocks and bonds by railroads, and the Commission shall fix the values of the property, rights and franchises of such terminal railway company and its stocks and bonds shall not exceed the amount authorized by the Railroad Commission of Texas; and jurisdiction over the issuance of the bonds herein authorized is hereby expressly vested in the Railroad Commission; provided, that no such terminal company shall have the right to charge any railroad company for terminal facilities a greater amount than may be from time to time designated and established by the Railroad Commission, which shall have authority to prescribe such rates and rules for the operation of all such terminal companies as will prevent discrimination by them against any common carrier with respect to either charges or service; provided further, that the provisions of Articles 4564, 4565 and 4566 of the Revised Statutes of Texas shall apply to any and all orders, rulings, judgments and decrees of the Railroad Commission made, entered or held under the provisions of this act in regard to such terminal railway companies.

SEC. 2. The fact that there is now no law conferring sufficient powers upon terminal railway companies to authorize them to acquire proper trackage to meet public demands, creates an emergency and an imperative public necessity that the constitutional rule requiring all bills to be read on three several days be suspended, and the 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 Senate by the following vote, yeas 22, nays 0; was referred to the House of Representatives, amended and passed by the following vote, yeas 102, nays 0, and that the Senate concurred in the House amendments by the following vote, yeas 23, nays 0.]

Approved April 23, 1907.

Became a law April 23, 1907.

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CORPORATIONS-RELATING TO POWERS OF.

S. B. No. 221.]

CHAPTER CLVIII.

An Act to amend Article 651, Chapter 3, Title 21, of the Revised Statutes of the State of Texas, and declaring an emergency.

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

SECTION 1. That Article 651, Chapter 3, Title 21, of the Revised Statutes of the State of Texas, be amended so that hereafter it shall read as follows:

Article 651. Every private corporation as such has power:

1. To have succession by its corporate name for the period limited in its charter, not to exceed fifty years, and when no period is limited, for twenty years.

2. To maintain and defend judicial proceedings.

3. To make and use a common seal.

4. To hold, purchase, sell, mortgage or otherwise convey such real and personal estate as the purposes of the corporation shall require, and also take, hold and convey such other property, real, personal or mixed, as shall be requisite for such corporation to acquire in order to obtain or secure the payment of any indebtedness or liability due or belonging to the corporation.

5. To appoint and remove such subordinate officers and agents as the business of the corporation shall require, and to allow them a suitable compensation.

6. To make by-laws not inconsistent with existing laws for the management of its property, the regulation of its affairs and the transfer of its stock.

7. To enter into any obligation or contract essential to the transaction of its authorized business.

8. To increase or diminish by a vote of its stockholders, cast as its by-laws may direct, the number of its directors or trustees to be not less than three nor more than thirteen; provided, that any corporation formed under Subdivisions 1, 2 and 3, Article 642, Chapter 3, Title 21 of the Revised Statutes of the State of Texas, may increase the number of its directors or trustees to not more than twenty-five.

9. Any private corporation created either by special act of the Legislature or under the provisions of the general law for the support of any benevolent, charitable, educational or missionary undertaking, the support of any literary or scientific undertaking, the maintenance of a library, or the promotion of painting, music or other fine arts, whose charter may expire or may have expired by limitation, may revive such charter with all the privileges and immunities and rights of property, real and personal, exercised and held by it at the date of the expiration of its said charter, by filing, with the consent of a majority of its stockhelders, a new charter under the provisions of the general law of the State of Texas, reciting therein such original privileges and immunities and rights of property, and by filing therewith a certified copy of such original forfeited charter; and any two or more of such corporations may revive and consolidate their charters under a new corporate name or under the name of either, with all privileges, immunities and

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