the amount for the use or hire thereof may be prescribed by the Railroad Commission of Texas, except where the owners of such cars and such railway companies agree upon such compensation, in which case, the amount so fixed shall govern. And where any such railroad company or owner of any such car or cars shall be dissatisfied with the amount fixed by the Commission for such use, hire, loss or destruction or damage to such car, or where the railroad company liable therefor shall fail to pay for the same, the Railroad Commission or person entitled thereto or which is liable for the use, hire, loss, injury or destruction of such cars shall be entitled to establish the reasonable value thereof in a suit brought in any Court of this State having jurisdiction of the parties and of the amount in controversy, and such Court shall render such judgment as to it shall seem just and reasonable; provided, that no railroad company shall be compelled to furnish its own cars to any other railroad company which is involved except upon reasonable security furnished to it to protect it from loss of or damages to, or destruction of such cars and compensation for the use thereof and in no event shall any railroad company be required to furnish any cars to any connecting line except to exchange for other cars reasonably suitable for the transportation of freight.

SEC. 5. That every railroad company which shall wilfully by its own gross negligence, or by the gross negligence of its agents having charge and management of the matter of furnishing cars, fail or refuse to furnish or exchange cars as herein provided for or to transport or deliver the same within the time prescribed by the Commission as to freight carried between points wholly within this State, or if not so prescribed then within a reasonable time, shall in addition to the other liabilities herein provided for, forfeit to the State of Texas, for each of such violations not less than one dollar ($1.00) nor more than one hundred dollars ($100.00) for each offense; and each day of such failure or neglect as to each car which it by such wilful or gross negligence shall fail or refuse to furnish or exchange shall be treated as a separate offense; such penalties to be recovered at the suit of the Attorney General of the State of Texas in the Court having jurisdiction of the amount, at Austin in Travis County.

By the term "shipper" as herein used is meant any person, firm or corporation tendering freight for shipment, and any consignor or consignee of any bill of lading, or other person, firm or corporation having the right of a consignor or consignee.

SEC. 6. It shall be deemed prima facie a reasonable time within. which to order cars that any shipper shall give written notice thereof to the Station Agent at the place of shipment, or in his absence to the nearest station agent of the railroad company to which such applica tion is made three (3) days before such shipment of five (5) cars or less, and five (5) days for less than ten (10) or more than five (5) cars, and eight (8) days for ten (10) cars or more, and it shall be the duty of the railroad companies to furnish their station agents with printed blanks upon which shippers may make application for their cars. Provided, that nothing in this Act shall be construed to exempt any railroad company from the obligation to furnish cars for

shipment without such written notice, but it shall only be subject to the penalties of this Act for failure to furnish cars to shippers where notice thereof shall be given in writing, or in case of shipment of freight wholly between points in this State, then in accordance with. the rules and regulations of the Railroad Commission of Texas.

Approved May 1, 1907.

Takes effect ninety days after adjournment.

COURT REPORTS-PROVIDING FOR PUBLICATION.

S. B. No. 214.]

CHAPTER CLXXXV.

An Act to provide for the publication of the Appellate Court Reports, and declaring an emergency.

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

SECTION 1. That the Board of Public Printing are hereby authorized and it is made their duty, for the purpose of the publication of the Reports of the Appellate Courts, to cause to be printed and bound the decisions of the Supreme Court, Court of Criminal Appeals and the Courts of Civil Appeals, in the form, size and manner as now provided by law, and for this purpose to invite bids not confined to residents of this State, upon proposals advertised by said Board, for such time and manner as may be fixed by said Board, and to award the contract for such printing and binding to the lowest responsible bidder and the said Board shall have the right to reject any and all bids; the said Board are hereby given full power and discretion to fix all the details and conditions of such contract, and demand such security as will secure the interests of the State, provided, that said contract shall be for a term of six years. Said contract shall also provide for the printing and binding of delayed manuscript of said volumes; and to facilitate the prompt printing and binding of said reports in the future, the clerks of said courts shall provide the reporters of said courts with manifold copies of such opinions as the several courts rendering the same shall direct to be published, duly certified, together with the record of the cases as soon as said opinions become final; provided, that nothing herein shall be so construed as to prevent any publisher from making or procuring from the clerks of said courts copies of any opinions of any of said courts at the time when the same are rendered; and provided further, that when any publisher makes copies of opinions the clerks shall make no charge for furnishing such opinions to such publisher for that purpose. The maximum price of said reports furnished the legal profession and the public of this State shall not exceed $2 per volume, and the maximum price paid by the State for such volumes shall not exceed $4 per volume and shall not exceed 250 copies for the use of the State; and said contract shall also provide that the contractor shall keep on hand a sufficient number of volumes of said reports or make such arrangements as to enable the legal profession and the public in this State to obtain such reports at the price fixed in such contract. Said Board

shall also determine whether electrotype or stereotype plates of said volumes are to be made, and to regulate the use, ownership and disposition of such plates in the event they are made; provided, that the copyright of said volumes shall remain in this State.

SEC. 2. That the sum of $20,000 is hereby appropriated to carry out the provisions of Section 1 of this act, out of any money in the treasury not otherwise appropriated and to cover the two fiscal years ending August 31, 1909.

SEC. 3. That all laws and parts of laws in conflict with this act be and the same are hereby repealed.

SEC. 4. The fact that there are now in the hands of said official reporters a number of said volumes of said reports in manuscript, and that there exists no adequate provision of law for the publication of said reports, 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 May 1, 1907.

Takes effect ninety days after adjournment.

STATE BOARD OF PHARMACY-CREATING SAME.

S. B. No. 82.]

CHAPTER CLXXXVI.

An Act to establish the Texas State Board of Pharmacy, and to prescribe the power and duties of said board, and to regulate the practice of pharmacy, and the licensing of pharmacists and the compounding and sale of medicines, drugs and poisons in the State of Texas, and to provide penalties for any infringement of the provisions of this act, and to repeal all laws in conflict herewith.

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

SECTION 1. That it shall be unlawful for any person not licensed as a pharmacist, within the meaning of this act, to conduct or manage any pharmacy, drug or chemical store, apothecary shop or other place of business for the retailing, compounding or dispensing of any drug, chemical or poison, or for the compounding of physician's prescriptions, or to keep exposed for sale at retail any drug, chemicals or poisons, except as hereinafter provided, or for any person not licensed as a pharmacist or assistant pharmacist, within the meaning of this act, to compound, dispense or sell at retail any drug, chemical, poison, or pharmaceutical preparation upon the prescription of a physician, or otherwise, or to compound physician's prescriptions, except as an aid to, or under the supervision of a person licensed as a pharmacist under this act. And it shall be unlawful for any owner or manager of a pharmacy, or drug store, or other place of business, to cause or permit any other than a person licensed as a pharmacist or assistant pharmacist to compound, dispense, or sell at retail any medicine or poison, except as an aid to or under the supervision of a person licensed as a pharmacist. Provided, however, that nothing in this section shall be construed to prevent any person from engaging in the business herein described as proprietors

and owners thereof, provided such proprietors or owners shall have employed in his business to conduct same, some one qualified under this act, nor to interfere with any legally registered practitioner of medicine or dentistry in the compounding of his prescriptions, or to prevent him from supplying his patients such medicine as he may deem proper, nor with exclusively wholesale business of any dealer who shall be licensed as a pharmacist, or who shall keep in his employ at least one person who is licensed as a pharmacist, nor with the selling at retail of non-poisonous domestic remedies, nor with the sale of patent or proprietary preparations, when sold in unbroken packages, nor with the sale of poisonous substances which are sold exclusively for use in the arts, or for use as insecticides, when such substances are sold in unbroken packages bearing a label having plainly printed upon it the name of the contents, the word poison and the names of at least two readily obtainable antidotes.

SEC. 2. All persons heretofore registered by district boards as pharmaceutical examiners shall, upon presenting proof of such registration in accordance with the law regulating the practice of pharmacy then in force, and the payment of one dollar, be entitled to a certificate of registration as licensed pharmacist, under the meaning of this act, from the State Board of Pharmacy, without examination. Such application shall be made to the State Board of Pharmacy within ninety days after the first meeting of said board. Proprietors and employes of such proprietors who are actively engaged in the preparation of physician's prescriptions, and compounding and vending of medicines in towns of less than one thousand inhabitants in the State of Texas, and also proprietors and employes of such proprietors who shall become so engaged in such towns during the next five years after the passage of this act, shall be exempt from examination, provided he or she will register as required in this act, and upon paying said Board of Pharmacy one dollar, shall receive a certificate of registra-. tion which shall entitle such person to practice pharmacy in towns of one thousand inhabitants or under. Provided, that should such person fail to apply for registration within ninety days, from and after the first meeting of said board, said party shall be required to pay the same fee as in original registration. Every person who shall hereafter desire to be licensed as a pharmacist, shall file with the secretary of the Board of Pharmacy, an application upon blanks furnished by the Board of Pharmacy for that purpose, duly verified under oath, setting forth the name and age of the applicant, the place or places at which, and the time spent in the study of the science and art of pharmacy. the experience in the compounding of physician's prescriptions which the applicant has had under the direction of a legally licensed pharmacist, and shall appear at a time and place designated by the Board of Pharmacy, and submit to an examination as to his or her qualifications for registration as a licensed pharmacist or assistant pharmacist. provided, however, if any applicant should fail to pass a satisfactory examination, he or she may at any subsequent meeting of the Board of Pharmacy, within six months, be permitted to be re-examined, without cost.

SEC. 3. In order to be licensed as a pharmacist within the mean

ing of this act, an applicant shall be not less than twenty-one years of age, and shall have been licensed as an assistant pharmacist for not less than two years prior to his application for license as a pharmacist, or he shall present to the Board, satisfactory evidence that he is a graduate of a reputable school or college of pharmacy, or that he has had four years practical experience in pharmacy under the instruction of a pharmacist, and he shall also pass a satisfactory examination by or under the direction of a Board of Pharmacy. In order to be licensed as an Assistant pharmacist within the meaning of this act, an applicant shall not be less than eighteen years of age, and shall have a sufficient preliminary general education, and shall have not less than two years experience in pharmacy, and shall pass a satisfactory examination by or under the direction of the Board of Pharmacy. vided, however, that in the case of persons who have attended a reputable school or college of pharmacy, the actual time of attendance at school or college of pharmacy, may be deducted from the time of experience required of pharmacist and assistant pharmacist, but in no case shall less than two years experience be required for registration as a licensed pharmacist.

Pro

SEC. 4. If the applicant for license as a pharmacist or assistant pharmacist has complied with all the requirements of the two preceding sections the Board of Pharmacy shall enroll his name upon the register of pharmacist or assistant pharmacist, and issue to him at license which shall entitle him to practice as pharmacist or assistant pharmacist for a period of two years from the date of said license. The Board of Pharmacy may refuse to grant a license to any person guilty of felony or gross immorality, or who is addicted to the use of alcoholic liquors or narcotic drugs to such an extent as to render him unfit to practice, and the Board of Pharmacy, after due notice and herein may revoke a license for like cause, or any license which has been procured by fraud.

SEC. 5. The Board of Pharmacy may issue license to practice as pharmacist or assistant pharmacist in this State, without examination. to such persons as have been legally registered or licensed as pharmacists or assistant pharmacists in other States or foreign countries; provided, that the applicant for such license shall present satisfactory evidence of qualifications equal to those required from licentiates in this State, and that he was registered or licensed by examination in such other State or foreign country, and that the standard of competency required in such other State or foreign country accords similar recognition to the licentiates of this State. Applicants for license under this section shall with their application forward to the secretary of the Board of Pharmacy the same fees as are required of other candidates for license.

SEC. 6. Every certificate of license to practice as pharmacist or assistant pharmacist, and every license to any proprietor or employee to conduct a drug store in towns of not more than one thousand inhabitants as above provided, and every renewal of such license shall be conspicuously exposed in the pharmacy or drug store or place of business of which the pharmacist or assistant pharmacist or other person to whom it is issued is the owner or manager, or in which he is employed.