TRUSTS-PROVIDING PENALTIES, AND FIXING VENUE OF

S. B. No. 177.]

SUITS.

CHAPTER CLXXIII.

An Act to amend Chapter XCIV, page 119, of the 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 herewith," by adding to said law Section 18, concerning punishment for violation thereof, Section 19, with reference to venue, Section 20, with reference to the duties of district and county attorneys and the Attorney General, and Section 21, concerning fees, and declaring an emergency.

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

SECTION 1. That the Act mentioned in the Caption hereof shall be amended by adding thereto Section 18, to read as follows:

Section 18. If any person shall enter into an agreement or understanding of any character to form a trust, or to form a monopoly, er to form a conspiracy in restraint of trade, (as these offenses are defined by Chapter XCIV of the Acts of the Twenty-eighth Legislature, which Chapter this Act amends), or shall form a trust, monopoly or conspiracy in restraint of trade, or shall be a party to the formation of a trust, or monopoly, or conspiracy in restraint of trade, or shall become a party to a trust, or monopoly or conspiracy in restraint of trade, or shall do any act in furtherance of, or aid to such trust or monopoly or conspiracy, in restraint of trade, he shall be punished by imprisonment in the penitentiary for a period of not less than two years, nor more than ten years. If any person shall, as a member, agent, employee, officer, director or stockholder of any business, firm, corporation or association of persons, form, in violation of the provisions of Chapter XCIV of the Acts of the Twenty-eighth Legislature, which Chapter this Act amends, or shall operate in violation of the provisions of this Act any such business, firm, corporation, or association formed in violation of Chapter XCIV, of the Acts of the Twenty-eighth Legislature, which Chapter this Act amends, or shall make any sale, or purchase, or any other contract, or do business for such business, firm, corporation or association, or shall do any other act which has the effect of violating or aiding in the violation of the provisions of Chapter XCIV, of the Acts of the Twentyeighth Legislature, which Chapter this Act amends, he shall be punished by confinement in the penitentiary for a period of not less than two years nor more than ten years. If any person shall outside of this State do anything which if done within this State would constitute the formation of a trust, or monopoly, or conspiracy in restraint of trade, and shall cause or permit the trust or monopoly so formed by him to do business within this State, or shall cause or permit such trust, monopoly, or conspiracy in restraint of trade to have any operation or effect within this State, or if such trust, monopoly or conspiracy in restraint of trade, having been formed outside of this State, any person shall give effect to such trust, monopoly or conspiracy in

this State or shall do anything to help or aid it in doing business in this State, or otherwise violate the anti-trust laws of this State, or if any person shall buy or sell, or otherwise make contracts for or aid any other business for any business firm, corporation or association of persons, formed or operated in violation of the provisions of Chapter XCIV of the Acts of the Twenty-eighth Legislature, which Chapter this Act amends, or so formed or operated as would be in violation of the laws of this State, if it had been formed within this State, shall be punished by confinement in the penitentiary for a period of not less than two years nor more than ten years. If any person or employee or employees, or agent or agents, stockholder or stockholders, officer or officers, of any person, firm, association of persons, or corporations now doing business in this State, who has formed a trust as defined in Chapter XCIV, of the Acts of the Twenty-eighth Legislature, which Act this Chapter amends, or formed a monopoly as defined in Chapter XCIV of the Acts of the Twenty-eighth Legislature, which Chapter this Act amends, or has formed a conspiracy in restraint of trade as defined in Chapter XCIV of the Acts of the Twenty-eighth Legislature, which Chapter this Act amends, shall do or perform any act of any character to carry out such trust, monopoly, or conspiracy in restraint of trade, such person, employee, or employees, agent or agents, stockholder or stockholders, officer or officers shall be punished by confinement in the penitentiary for not less than two years nor more than ten years.

Sec. 18. Criminal prosecutions under this Act may be conducted in Travis County, Texas, or in any County in this State wherein a trust or conspiracy in restraint of trade is being carried on, a recovery or prosecution against any person for any violation of this Act, or shall, with the intent or purpose of driving out competition, or for the purpose of financially injuring competitors sell within this State at less than cost of manufacture or production, or sell in such a way, or give away within this State products for the purpose of driving out competition or financially injuring competitors engaged in a similar business, or give secret rebates on such purchase for the purpose aforesaid, shall not bar a prosecution of or recovery against any other person or persons for the same offense.

Sec. 19. Prosecutions under this Act may be instigated by any County or District Attorney of this State, and when any such prosecutions have been instigated by any County or District Attorney such officer shall forthwith notify the Attorney General of such fact and it is hereby made the duty of the Attorney General, when he shall receive such notice, to join such officer in such prosecution and do all in his power to secure the enforcement of this Act.

Sec. 20. For every conviction obtained under the provisions of this Act the State shall pay to the County or District Attorney in such prosecution the sum of $250.00, and if both the County and District Attorney shall serve together in such prosecution, such fee shall be divided between them as follows: $100.00 to the County Attorney, and $150.00 to the District Attorney.

Sec. 21. The fact that many trusts, monopolies, and conspiracies in restraint of trade are now in operation in this State, creates an

emergency and an imperative public necessity which requires that the Constitutional rule which requires that bills be read on three several days should 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.

Approved April 25, 1907.

Takes effect ninety days after adjournment.

COURTS CREATING SIXTH SUPREME JUDICIAL DISTRICT OF TEXAS.

S. B. No. 58.]

CHAPTER CLXXIV.

An Act to amend Article 21 of Title IV of the Revised Civil Statutes of Texas, and to create the Sixth Supreme Judicial District of Texas, and to provide for the organization of a Court of Civil Appeals within and for the Sixth Supreme Judicial District of Texas.

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

SECTION 1. That Article 21 of Title IV of the Revised Civil Statutes of Texas be and the same is hereby amended so as to read as follows:

Article 21. The State of Texas shall be and is hereby divided into six Supreme Judicial Districts for the purpose of constituting and organizing Courts of Civil Appeals therein, respectively:

1. The following counties shall compose the First Supreme Judicial District: Newton, Jasper, Orange, Jefferson, Hardin, Tyler, Polk, Trinity, Houston, Madison, Walker, San Jacinto, Liberty, Chambers, Harris, Montgomery, Grimes, Washington, Waller, Fort Bend, Brazoria, Matagorda, Wharton, Colorado, Austin, Fayette, Lavaca, Jackson, Calhoun, Victoria, DeWitt, Goliad, Refugio, San Patricio, Aransas, Nueces, Hidalgo, Cameron, Sabine, San Augustine, Angelina, Anderson, Brazos, Leon, Burleson, Galveston, Starr, Shelby and Nacogdoches.

2. The following counties shall compose the Second Supreme Judicial District: Dallam, Sherman, Hansford, Ochiltree, Lipscomb, Hartley, Moore, Hutchinson, Roberts, Hemphill, Oldham, Potter, Carson, Gray, Wheeler, Deaf Smith, Randall, Armstrong, Donley, Collingsworth, Palmer, Castro, Swisher, Briscoe, Hall, Childress, Bailey, Lamb, Hale, Floyd, Motley, Cottle, Foard, Hardeman, Wil barger, Wichita, Cooke, Montague, Clay, Archer, Baylor, Knox, King, Dickens, Crosby, Lubbock, Greer, Hockley, Ector, Midland, Glasscock. Loving, Winkler, Reeves, Ward, Crane, Upton, Cockran, Yoakum, Terry, Linn, Garza, Kent, Stonewall, Haskell, Throckmorton, Young, Jack, Wise, Denton, Tarrant, Parker, Palo Pinto, Stephens, Shackelford, Jones, Fisher, Scurry, Borden, Dawson, Gaines, Andrews, Martin, Howard, Mitchell, Nolan, Taylor, Callahan, Bosque, Eastland, Erath, Hood, Somervell and Comanche.

3. The following counties shall compose the Third Supreme Judi cial District: Sterling, Coke, Runnels, Coleman, Brown, Mills, Ham

ilton, Coryell, Bell, Lampasas, San Saba, McCulloch, Concho, Tom Green, Irion, Llano, Burnet, Williamson, Milam, Lee, Bastrop, Travis, Blanco, Hays, Comal, Caldwell, Robertson, McLennan and Falls.

4. The following counties shall compose the Fourth Supreme Judicial District: El Paso, Jeff Davis, Presidio, Brewster, Buchel, Pecos, Crockett, Val Verde, Schleicher, Sutton, Edwards, Kinney, Maverick, Menard, Kimble, Kerr, Bandera, Uvalde, Zavala, Dimmitt, Webb, Encinal, La Salle, Frio, Medina, Duval, McMullen, Atascosa, Bexar, Kendall, Gillespie, Mason, Guadalupe, Wilson, Live Oak, Zapata, Bee, Gonzales and Karnes.

5. The following counties shall compose the Fifth Supreme Judicial District: Grayson, Collin, Dallas, Rockwall, Ellis, Navarro, Kaufman, Henderson, Van Zandt, Raines, Hunt, Johnson, Hill, Limestone, Freestone, Wood and Delta.

6. The following counties shall compose the Sixth Supreme Judicial District, which is hereby created, to wit: Lamar, Red River, Bowie, Hopkins, Franklin, Titus, Morris, Cass, Marion, Camp, Fannin, Cherokee, Rusk, Gregg, Harrison, Panola, Smith and Upshur.

SEC. 2. Within thirty days after the passage of this act the Gov ernor shall, by and with the advice and consent of the Senate, appoint one Chief Justice and two Associate Justices, who shall each reside within the territorial limits of the Sixth Supreme Judicial District, and who shall possess the qualifications now required by law, who shall constitute the Court of Civil Appeals within and for the Sixth Supreme Judicial District, and who shall hold their offices until the next general election in 1908, and shall thereafter be elected and qualified as provided and required by Article 988 of the Revised Statutes of Texas.

SEC. 3. The Court of Civil Appeals of the Sixth Supreme Judicial District shall hold its sessions at the city of Texarkana in the county of Bowie, and its terms shall commence on the First Monday in October of each year and shall continue in session until the first Monday in July of each suceeeding year; provided, however, said court may commence its first session immediately upon the appointment and qualification of the judges thereof and the organization of the court; and provided further, that if said court is located at Texarkana the citizens thereof will furnish, provide and equip a suitable room or rooms for said court and the members thereof, and the necessary law library therefor without cost or expense to the State.

SEC. 4. The fact that there exists a great and constantly increasing accumulation of cases in the five Courts of Civil Appeals now existing, whereby it is rendered practically impossible for said courts. to dispose of the business on their dockets with reasonable dispatch constitutes an emergency rendering it proper and necessary that the constitutional rule requiring bills to be read on three several days be suspended, and the same is hereby suspended, and that this act take effect and be in force from and after its passage, and that all laws and parts of laws in conflict herewith be and the same are hereby repealed, and it is so enacted.

Approved April 29, 1907.

Takes effect ninety days after adjournment.

FEES-PRESCRIBING COMPENSATION OF DISTRICT ATTORNEYS.

S. S. B. No. 185.]

CHAPTER CLXXV.

An Act to amend Article 1081 of the Code of Criminal Procedure, prescribing the compensation of District Attorneys to be paid by the State by adding thereto Article 1081a, prescribing the compensation of District Attorneys in districts composed of four or more counties, and declaring an emergency.

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

SECTION 1. That Article 1081 of the Code of Criminal Procedure, prescribing the compensation of District Attorneys to be paid by the State, be amended by adding thereto the following, to be known as Article 1081a.

Article 1081a. From and after the passage of this Act, in addition to the five hundred ($500) dollars now allowed them by law, District Attorneys in all judicial districts in this State, composed of four counties or more, shall receive from the State as compensation for their services the sum of fifteen dollars ($15) for each day they attend the session of the District Court in their respective districts, in the necessary discharge of their official duties, and fifteen dollars. ($15) per day for each day they represent the State at examining trials, inquest proceedings and habeas corpus proceedings in vacation. Said fifteen dollars ($15) per day to be paid to the District Attorneys upon the sworn account of the District Attorney approved by the District Judge who shall certify that the attendance of said District Attorney for the number of days mentioned in his account was necessary, after which said account shall be recorded in the minutes of the District Court; provided that the maximum number of days for such attendance and service for which the said compensation is allowed shall not exceed one hundred and thirty-three days in any one year and provided further, that all fees in misdemeanor cases, and commissions and fees heretofore allowed District Attorneys under the provisions of Article 1081 of the Code of Criminal Procedure and in Chapter 5 of the General Laws passed at the Special Session of the Twenty-fifth Legislature in districts composed of four or more counties shall, when collected, be paid to the clerk of the District Court who shall pay over the same to the State Treasurer. Provided the provisions of this bill shall not apply to District Attorneys whose last preceding annual report of himself or his predecessor shows that he or his predecessor making such report received in fees under the criminal laws over $2495.00.

SEC. 2. The fact that there is no adequate law of this state regulating the compensation of district attorneys creates an emergency and imperative public necessity that this Act be passed under a suspension of the constitutional rule requiring bills to be read on three several days, and the rule is therefore suspended, and this Act shall take effect from and after its passage, and it is so enacted.

Approved April 29, 1907.

Takes effect ninety days after adjournment.