SEC. 2. The fact that the sum stated, or so much thereof as may be necessary, is required to meet the contingent expenses of the Thirtieth Legislature, creates an emergency and an imperative public necessity which requires that the constitutional rule providing that all bills be read on three several days be suspended, and the same 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 a two-thirds vote, yeas 27, nays 0; and was passed by the House of Representatives by a two-thirds vote, yeas 108, nays 0.]

Approved January 15, 1907.
Became a law January 15, 1907.

RAILROAD COMMISSION-APPROPRIATING FIVE THOUSAND DOLLARS TO DEFRAY EXPENSES OF SUITS PENDING IN THE FEDERAL COURTS.

An Act appropriating five thousand dollars, or so much thereof as may be necessary, for use by the Railroad Commission of Texas, to defray the expense of any extra labor, traveling or other necessary expenses in preparing the defense of the Railroad Commission in the suits now pending in the Federal District Court for the Western District of Texas, wherein certain railroad companies are suing to enjoin the enforcement of orders reducing their rates; and declaring an emergency.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the sum of Five Thousand Dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the treasury not otherwise appropriated, for the us of the Railroad Commission of Texas, for the payment of any extra labor, or help, or any traveling expenses, or any other expenses necessarily incurred in taking testimony and preparing facts for the trial of the suits now pending in the Federal District Court for the Western District of Texas, wherein certain railcertain orders of the Railroad Commission making reductions in their road companies are seeking to enjoin and restrain the enforcement of rates. The Comptroller of Public Accounts shall draw his warrant in payment of such expenses on vouchers duly approved by the Commission or any member of the Railroad Commission, but such vouchers shall be approved by not less than two members of the Commission.

SEC. 2. There are now no funds at the disposal of the Railroad Commission of Texas out of which such expenses can be paid, and which are necessary to incur in order to defend said suits in the Federal Court, an emergency and imperative publie necessity is declared to exist which justifies the suspension of the constitutional rule requiring bills to be read on three several days, and said 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 House of Representatives by a two-thirds vote, yeas 106, nays 4; and passed the Senate by a two-thirds vote, yeas 27, nays 0.]

Approved February 8, 1907.

Became a law February 8, 1907.

TAXES-IMPOSING OCCUPATION TAX ON PERSONS, FIRMS OR CORPORATIONS HANDLING LIQUORS C. O. D.

An Act imposing an annual occupation tax upon each office or place kept and maintained by any person, firm or corporation in this State at which intoxicating liquors legally deliverable are delivered upon payment of purchase money therefor, providing a penalty for failure to pay such tax, and declaring an emergency.

SECTION 1. Be it enacted by the Legislature of the State of Texas: Any person, firm or corporation doing business in this State shall, at each office or place kept, operated or maintained by such person, firm or corporation at which intoxicating liquors legally deliverable are delivered upon payment of purchase money therefor, commonly designated as shipments C. O. D., pay annually for each office or place so kept an annual occupation tax to the State of Texas of five thousand dollars, and any county or any incorporated city or town wherein such office or place is located, may levy an annual occupation tax upon such person, firm or corporation herein referred to for each of said. offices, not to exceed one-half of the amount hereby levied by the State, such tax to be due and payable annually.

SEC. 2. The maintaining or operating such office or offices, place or places by any person, firm or corporation in this State without paying the occupation tax required in section one of this Act shall subject such person, firm or corporation so operating and maintaining such office or offices, place or places, to pay to the State of Texas the sum of fifty dollars, and to the county and any incorporated city or town in which said offices or places are located, each the sum of fifty dollars for each day such office or offices, place or places, may be maintained or operated and for each office or place so operated; and the State or county or any incorporated city or town may sue for and recover either jointly or severally, each the said sum, for each day that each of said offices or places may be maintained and operated without prepayment of the aforesaid occupation tax.

SEC. 3. The fact that persons, firms and corporations are doing an extensive business in shipping and delivering intoxicating liquors in this State at their various offices or places on the payment of the purchase money therefor and are paying no occupation tax for such privilege, creates an emergency and an imperative public necessity for the suspension of the Constitutional rule requiring bills to be read on

three several days in each House, and that this act 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 104, nays 3; was referred to the Senate, amended and passed by the following vote, yeas 29, nays 0; the House concurred in Senate amendments by the following vote, yeas 94, nays 4.]

Approved February 12, 1907.

Became a law February 12, 1907.

COURT COSTS-AFFIDAVIT OF INABILITY TO GIVE.

S. B. No. 21.]

CHAPTER V.

An Act to amend Article 1442 of Title 30, Chapter 20, of the Revised Civil Statutes of Texas, pertaining to giving security for costs.

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

That Article 1442 of Title 30, Chapter 20, of the Revised Civil Statutes of Texas be and the same is hereby amended so as to hereafter read as follows:

Article 1442. A party who is required to give security for costs may file with the clerk or justice of the peace an affidavit that he is too poor to pay the costs of court and is unable to give security therefor, and it shall thereupon be the duty of the clerk or justice of the peace to issue process and to perform all other services required of him in the same manner as if the security had been given; provided any party to the suit, the clerk or justice of the peace, shall have the right to contest by proof the inability of the party to pay the costs or his inability to give security for the same; or in lieu of such bond, the party required to give the same may deposit with the clerk of the court or with the justice of the peace such amount of money as the court or justice of the peace from time to time may designate as sufficient to pay the costs that have accrued. Provided that said contest may be tried before the trial of the cause, at such time as may be designated by the court. Provided that notice of such contest shall be given by noting it on the docket at the term of the court at which the affidavit of inability to give security is filed.

Approved February 14, 1907.

Takes effect ninety days after adjournment.

RAILROAD COMPANIES-EXTENDING TIME IN WHICH TO CONSTRUCT RAILROADS.

An Act for the relief of railway corporations having charters granted or amended since the 1st day of January, 1887, and which have failed, or are about to fail to construct their roads and branches, or any part thereof, within the time required by law, and providing for exceptions, with emergency.

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

SECTION 1. That the time in which any railway corporation chartered under the laws of the State of Texas since the first day of January, 1887, or the charter of which has been amended since that date, is required to begin construction of its road, and construct, equip, and put in good running order, as provided in Article 4558 of the Revised Statutes of the State of Texas, and the same hereby is, as to any unfinished portion of such road, extended two years from the taking effect of this Act; and any railway company having been chartered since January 1, 1887, or the charter to which has been amended since said date, which shall have forfeited its corporate existence or any of its rights and powers, or is about to do so, by reason of the failure to comply with said Article 4558, or any part of said Article, shall have restored and preserved to it, its corporate existence and it shall have and enjoy all of the corporate franchises, property rights and powers held or acquired by it previous to any cause of forfeiture. on account of such failure as aforesaid; provided, that no railway company which shall be revived or the time extended by the virtue of this Act shall claim or exercise any right or franchise not allowed, granted or permitted to other railway corporations under the laws as now in force in this State, and such railroad company as may be revived or time extended by this Act, shall comply with the laws of this State now in force pertaining to railway corporations, and provided further, that this Act shall not be construed as giving any relief or extension of time to any railway corporation chartered as aforesaid, that has heretofore been permitted or authorized by Act of the Legislature to be consolidated or merged with any other railroad or railroads by purchase, sale, lease or otherwise. And provided further, that this section of this Act shall not be so construed as to annul or in any way impair the force and effect of the provision last written. in Section 2 of this Act.

SEC. 2. Any railway corporation chartered since the first day of January A. D. 1887, and which by its original charter or by amendment thereto, filed since said first day of January A. D. 1887, has further provided for the locating, constructing, maintaining, owning and operating of any extension or branch line or lines of railway, and which have failed or is about to fail to complete the same or any part thereof, within the time required by law, shall, upon the payment of all its franchise tax, be and is hereby restored to and granted all and singular the rights, privileges and franchises acquired by such original charter or by such amendment to its articles of incorporation, as if the same were filed and recorded in the office of the Secretary of State on the day of taking effect of this Act, and such corporation shall,

upon the payment of its franchise tax, be and is hereby authorized to project, complete, construct, own and operate any such extension and branch line or lines of railway under and as provided for in its charter or in any such amendment to its articles of incorporation; provided, that such extensions and branch lines of railway shall be by such corporation completed and put in running order at the rate of at least ten miles in one year from the taking effect of this Act, and twenty additional miles for each and every year thereafter until all of the branch line or lines or extensions as provided for are completed. And provided further that the provisions of this Act shall not apply to any corporation or railroad company which has less than twenty miles of road to build in order to complete the line as originally contemplated by the original charter, or the terms thereof, which shall fail to construct and put in operation at least ten miles of the line as originally contemplated by its charter, within twelve months from and after the passage of this Act.

SEC. 3. The fact that no good can result to the State from the forfeiture provided for against this Act, and that the public interest and convenience will be promoted, and citizens in many parts of the State having invested in railway enterprises subject to great loss unless the relief herein provided for be granted, therefore an emergency and an imperative public necessity authorizing the suspension of the Constitutional rule requiring bills to be read on three several days is created, and it is so suspended, and demanding 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 by the following vote, yeas 28, nays 0; and passed the House of Representatives by the following vote, yeas 104, nays 0.]

Approved February 15, 1907.

Became a law February 15, 1907.

INVESTIGATING COMMITTEES-PROVIDING METHOD OF PROCEDURE.

S. B. No. 144.]

CHAPTER VII.

An Act providing for the method of procedure of serving process and the taking and procuring and returning of testimony of witnesses whether residing or being within or without the State of Texas, and the taking and procuring of documentary evidence whether within or without said State before and to be used before any investigating committee before which an investigation is now pending or before any investigating committee before which an investigation may hereafter be pending where such investigation has heretofore been or may here. after be ordered by the Legislature of this State or either branch of such Legislature, for the imposition of fines upon, or imprisonment of, any witness for contempt and authorizing such investigating committee to appoint two of their members as a special commission to take testimony either within or without this State, with the emergency clause.

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

SECTION 1. In the investigation of any public officer elected by the Legislature or the qualified voters of the State of Texas, or of