Art. 5124-f. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed. Art. 5124-g. The fact that the assessment of property for taxation in the several counties of this State is now in progress and will be completed, and that the several boards of equalization would be called to pass on the property values within the next succeeding ninety days and the fact that the present law is inadequate for the determination of the values of property for tax purposes in this State, creates an emergency and an imperative public necessity that the Constitutional rule requiring bills to be read on three several days be suspended and that this Act take effect and be operative from and after its passage and it is so enacted. Approved May 16, 1907. Takes effect ninety days after adjournment. TELEPHONE AND TELEGRAPH COMPANIES-REQUIRING An Act to compel telephone and telegraph companies to arrange for connections or transfer of messages with other telephone and telegraph lines doing a like business, and declaring an emergency. Be it enacted by the Legislature of the State of Texas: SECTION 1. That all companies and corporations that own or operate telephone or telegraph lines for the purpose of transmitting messages from one point to another are hereby required to arrange for conversations or transfer of messages as hereinafter provided. another. SEC. 2. All companies, individuals, firms or corporations doing a telephone business in this State shall be compelled to make physical connections between their toll line at common points for the transmission of messages or conversations from one line to another. Such connection to be made through the switchboard of such individuals, companies, firms or corporations, if any is maintained at such points, so that persons so desiring may converse from points on one of such lines to point on All telegraph companies or persons, firms, corporations or associations of persons, which are now or shall hereafter be engaged in the business of accepting and transmitting messages to and from different points in this State, where the use of a telegraph instrument or instruments is necessary in the conduct of such business, shall, if there be any other persons, firm, corporation or association engaged in such business at the same point or in the same town, city or village, provide means whereby all messages conveyed to such points over the lines of any such companies shall be transferred to the lines of either or all other such companies engaged in such business at such common points and transmitted to their final destination, and such facilities shall be provided as will guarantee the transfer of such messages in compliance with the provisions of this act; provided, that in no case shall any message be transferred from one line to another against the will of the company first handling same when it is possible for such company to deliver said message direct to the party for whom it is intended via the line or lines operated and owned by said company, and provided further, that no telegraph or telephone company shall, under the provisions of this act, be compelled to receive from the wires or lines of any other telegraph or telephone company and convey to its final destination any message originating at any point on its own lines. SEC. 4. The city council in incorporated cities and the commissioners court at points where there is no city council, shall, on the application of one hundred resident citizens, or upon its own motion, hear such evidence as they think necessary, and upon a final hearing they shall determine whether or not it would be necessary for public convenience and just to the telephone or telegraph companies to make such connection or arrange for transfer of messages, whereupon they shall enter of record their findings, and shall also set out in their order the conditions upon which such arrangements for conversation or transfer of messages shall be made, and shall decide what proportion of expense shall be paid by each of said connecting lines. SEC. 5. Whenever the city council or commissioners court shall enter an order in compliance with Section 3 of this act, requiring telephone or telegraph companies to arrange for conversation or transfer or messages, it shall be compulsory on said company to arrange for such conversation or transfer of messages, and failing to do so shall forfeit to the State of Texas, on suit by the county or district attorney, the sum of ten dollars for each and every day they so neglect; provided, that the penalty herein assessed shall not be operative against a company which is prevented from making connections as herein required through the fault or omission of another company, so long as such fault or omission shall cause such failure on its part to so connect; provided further, that any company ordered to arrange for conversations or to transfer messages between its line and another line as herein provided shall have the right to appeal from such order to the court having jurisdiction over said matter, and the court shall, if it shall find that appellant had reasonable grounds for prosecuting such appeal, suspend the penalty herein provided for until such appeal is finally determined. SEC. 6. The fact that there is no law requiring telephone and telegraph companies to connect in this State, creates an emergency and an imperative public necessity, requiring that the constitutional rule which. provides that all bills shall be read on three several days be suspended, and said rule is hereby suspended and that this act take effect from and after its passage, and it is so enacted. Approved May 16, 1907. Takes effect ninety days after adjournment. TAXES-CREATING TAX BOARD TO CALCULATE STATE RATE OF TAXATION. An Act to amend an act passed at the Regular Session of the Thirtieth Legislature, entitled "An Act to provide for a Board to calculate the ad valorem rate of taxes for State purposes each year, and to prescribe the duties of such Board and certain duties of the tax assessors of the various counties in this State," providing that said Board shall also calculate the ad valorem rate of taxes for public free school purposes, and also authorizing the commissioners court of the several counties in this State to calculate the rate and to adjust the taxes levied in the several counties or portions thereof, for general or special purposes to the taxable values as shown on the assessment rolls. Be it enacted by the Legislature of the State of Texas: That an act passed at the Regular Session of the Thirtieth Legislature, entitled "An Act to provide for a Board to calculate the ad valorem rate of taxes for State purposes each year and to prescribe the duties of such Board and certain duties of the tax assessors of the various counties in this State," be and the same is hereby amended so as to read as follows: SECTION 1. That the Governor, Comptroller of Public Accounts and Treasurer of this State, be and the same are hereby constituted a Board to calculate the ad valorem tax to be levied and collected each year for State and public free school purposes. SEC. 2. It shall be the duty of the tax assessor of each county in this State to make to the Comptroller of Public Accounts a statement as near as can be ascertained from the inventories or assessments showing the total amount of property in such county subject to taxation on or before the 15th day of August of the year 1907, and each year thereafter; provided, that the taxes for State and public free school purposes shall not be calculated and carried out upon said rolls. SEC. 3. Within five days after the Comptroller of Public Accounts has received such certified statements from every assessor within this State, said Board shall meet for the purpose of calculating the ad valorem rate for taxes to be collected for the State and public free school purposes. In calculating said rates the Board shall calculate the same by the following rules and upon the following basis: They shall find by adding together all the property subject to taxation in all the counties as shown by the certified statements returned by the assessors the total valuation of all property within this State subject to ad valorem taxes. They shall find by adding together the sums appropriated by the Legislature, which will or which may become due by the State during the following fiscal year, the total sum which will or which may become due by the State, during the following fiscal year. They shall find by adding all sums paid into the State Treasury as taxes for State purposes from all sources other than as ad valorem taxes during the first half of the current calendar year and the latter half of the last preceding calendar year the total sum paid into the State Treasury from said sources during said time. They shall find by subtracting from the total sum which will or which may become due by the State during the next succeeding fiscal year the total sum which was paid into the State Treasury as taxes for State purposes during the first half of the current calendar year and the latter half of the last preceding calendar year, the total sum for State purposes which must be collected by ad valorem taxes. They shall add to such remainder, twenty per cent of said remainder. They shall divide the total sum for State purposes which must be collected by ad valorem taxes added to twenty per cent of such total sum by the quotient of the total valuation of all property within this State divided by one hundred. The quotient shall be the number of cents on the one hundred dollars valuation to be collected for the current year for State purposes; provided that said quotient shall not be run to more than three decimals, and provided that the rate for State purposes shall never exceed the rate fixed by law on the one hundred dollars valuation of property. In calculating the rate to be collected for public free school purposes the said board shall take into consideration the number of children in the State within the scholastic age to be determined from the most recent official school census; and shall fix a rate that will yield and produce for such fiscal year four dollars per capita for all the children within the scholastic age, as shown by said scholastic census, provided the rate so fixed for any year shall never exceed the rate fixed by law. SEC. 4. It shall be the duty of the Comptroller of Public Accounts to certify to the assessor of taxes of each county in this State, through registered letter, the rate of taxes for State purposes and for public free school purposes for the current year, and shall also publish immediately such rate for thirty days in some newspaper published in the State and having a general circulation therein, and as soon as such tax assessor has received notice of such rate he shall calculate the taxes due the State for State purposes, and also the taxes due for public free school purposes, on all taxable property within his county, as set out in Section 3 of this act, and shall carry the same out upon the copies of the tax rolls of the county to be delivered to the tax collector and to the clerk of the county court and to be returned to the Comptroller of Public Accounts, as provided by law. After he has so completed the said copies of the tax rolls he shall return to the Comptroller of Public Accounts a copy of same. SEC. 5. The commissioners courts of the several counties of this State, all the members thereof being present, at either a regular or special session, may at any time after the tax assessor of their respective counties have forwarded to the Comptroller of Public Accounts the certificate required in Section 2 of this act, and prior to the time when the tax collector of such county shall have begun to make out his receipts, calculate the rate and adjust the taxes levied in their respective counties for general purposes to the taxable values shown by the assessment rolls. SEC. 6. The near approach of the end of this special session of the Legislature, the fact that property all over this State is being assessed at a much higher valuation than heretofore, which fact will result in materially increasing the burdens of taxation unless the rates to be calculated and collected thereon are adjusted to the increased values, creates an emergency and an imperative public necessity demanding that the constitutional rule requiring bills to be read on three several days be sus pended and this act take effect and be in force from and after its passage, and the same are hereby so enacted. Approved May 16, 1907. Takes effect ninety days after adjournment. FEES-RELATING TO FEES OF COUNTY AND DISTRICT ATTORNEYS. An Act to amend Article 1092, Chapter 2, Title XV, of the Code of Criminal Procedure of the State of Texas, relating to fees of County and District Attorneys in examining trials, with an emergency. Be it enacted by the Legislature of the State of Texas: SECTION 1. That Article 1092, Chapter 2, Title XV, of the Code of Criminal Procedure shall be amended to read hereafter as follows: (1) County judges, justices of the peace, sheriffs, constables, district and county attorneys and district clerks shall be allowed the following fees: (2) In all cases where county judges and justices of the peace shall sit as examining courts in felony cases they shall be entitled to the same fees allowed by law for similar services in misdemeanor cases to justices of the peace, and ten cents for each one hundred words for writing down testimony, to be paid by the State, not to exceed three dollars for all his services in any one case. (3) Sheriffs and constables serving process and attending any examining court in the examination of any felony case shall be entitled to such fees as are fixed by law for similar services in misdemeanor cases to be paid by the State, not to exceed four dollars in any one case. (4) District and county attorneys, for attending and prosecuting any felony case before an examining court, shall be entitled to a fee of five ($5.00) dollars to be paid by the State for each case prosecuted by him before such court, provided such fee shall not be paid except in cases where the testimony of the material witnesses to the transaction shall be reduced to writing, subscribed and sworn to by said witness. (5) The fees mentioned in Sections 2, 3 and 4 of this act shall become due and payable only after the indictment of the defendant for the offense of which he was charged in the examining court and upon an itemized account sworn to by the officers claiming such fees approved by the judge of the district court. (6) Only one fee shall be allowed for an examining trial, though more than one defendant is joined in the complaint, and when defendants are proceeded against separately who could have been proceeded against jointly, but one fee shall be allowed in all cases that could have been so joined, and the account of the officer and the approval of the judge must show that the provisions of this article are complied with. SEC. 2. The fact that in many counties of this State, district and county attorneys fail to have the evidence of the material witnesses in examining trials reduced to writing, and as a result said witnesses are |