with the original papers and a certified bill of costs, in each case to the county clerk, of said cases as appearances on the respective dockets for trial by said court. SEC. 9. The said county court shall also have the power to hear and determine all motions against sheriffs and other officers of the court for failure to pay over money collected under process of said court, or other defalcations of duty in connection with said process, and shall have power to punish by fine, not exceeding one hundred dollars, and by imprisonment in the county jail, not exceeding three days, any person guilty of contempt of said court, and all other powers and jurisdictions conferred on county courts by the Constitution and General Laws of this State. SEC. 10. The terms of said court shall commence on the fourth Monday in May and on the fourth Monday in August, and on the fourth Monday in November, and on the fourth Monday in February, of each year, and may continue in session for three weeks each term; provided, that the county commissioners court of said county may hereafter change the term of said court whenever it may be deemed necessary. SEC. 11. All laws and parts of laws in conflict with this Act, be and the same are hereby repealed. SEC. 12. The importance of restoring the jurisdiction of the county court of said county, to the end that pending and further litigation may be disposed of without delay, creates an emergency and an imperative public necessity that the rule requiring bills to be read on three several days be suspended, and the said rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is hereby so enacted. [NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 95, nays 0; and passed the Senate by a two-thirds vote, yeas 24, nays 0.] Approved March 21, 1907. Became a law March 21, 1907. TAXES REPEALING OCCUPATION TAXES ON CER- H. B. No. 128.] CHAPTER XXXV. An Act to repeal subdivisions one (1), five (5), six (6), eight (8), eleven (11), twelve (12), thirty-one (31), thirty-three (33), thirty-eight (38), fifty-one (51), fifty-five (55), fifty-nine (59), and to amend subdivision thirteen (13) of Section one (1) of an Act entitled "An Act to amend Article 5049, Chapter one (1), Title one hundred and four (104) of the Revised Civil Statutes, relating to general occupation taxes;" Chapter eighteen (18) of the Acts of the First Special Session of the Twenty-fifth Legislature, relating to taxes on certain occupations. Be it enacted by the Legislature of the State of Texas: SECTION 1. That subdivision one (1), five (5), six (6), eight (8), eleven (11), twelve (12), thirty-one (31), thirty-three (33), thirty eight (38), fifty-one (51), fifty-five (55), fifty-nine (59), of Section one (1) of an Act entitled "An Act to amend Article 5049, Chapter one (1), Title 104 of the Revised Statutes, relating to general occupation taxes," Chapter eighteen (18) of the Laws of the First Special Session of the Twenty-fifth Legislature, levying an occupation tax upon merchants, brokers, and bankers, dentists not traveling, photograph galleries, toll bridges, land agents, attorneys and conveyancers, livery stables, vehicles and wagon yards, local insurance agents, cotton, wool and hide buyers, steam laundries, grain elevators and dealers in cotton seed products, be and the same are hereby repealed. SEC. 2. That sub-division thirteen (13) of Section one (1) of said Act be so amended as hereafter to read as follows: "From every itinerate physician, surgeon, occùlist or medical or other specialist of any kind, traveling from place to place in the practice of his profession, except dentists practicing from place to place in the County of their residence, an annual tax of fifty dollars." SEC. 3. That all laws or parts of laws in conflict herewith are hereby repealed. SEC. 4. This Act shall take effect and be in force from and after the first day of January, 1908. Approved March 21, 1907. Takes effect January 1, 1908. RAILROADS-RELATING TO SEPARATE COMPART- H. B. No. 92.] CHAPTER XXXVI. An Act amending Title XVIII, Chapter 13, Article 1010 of the Penal Code relating to offenses by railway officials or against railway companies. SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 1010, Chapter 13, Title XVIII of the Penal Code of the State of Texas, be amended so that it shall hereafter read as follows: Article 1010. Every railway company, street car company and interurban railway company, lessee, manager, or receiver thereof doing business in this State as a common carrier of passengers for hire shall provide separate coaches or compartments, as hereinafter provided, for the accommodation of white and negro passengers, which separate coaches or compartments shall be equal in all points of comfort and convenience. SEC. 2. The term Negro used herein includes every person of African descent as defined by the statutes of this State. SEC. 3. Each compartment of a railroad coach divided by good and substantial wooden partitions with a door therein shall be deemed a separate coach within the meaning of this act, and each separate coach shall bear in some conspicuous place appropriate words in plain letters indicating the race for which it is set apart; and each compartment of the street car or interurban car divided by board or marker placed in a conspicuous place, bearing appropriate words in plain letters indicating the race for which it is set apart, shall be sufficient as a separate compartment within the meaning of this act. SEC. 4. Any railway company, street car company or interurban railroad company, lessee, manager or receiver thereof which shall fail to provide its cars bearing passengers with separate coaches or compartments, as above provided for, shall be liable for each and every failure to a penalty not less than one hundred nor more than one thousand dollars, to be recovered by suit in the name of the State in any court of competent jurisdiction, and each trip run with such train or street car or interurban car without such separate coach or compartment shall be deemed a separate offense. SEC. 5. If any passenger upon a train or street car or interurban car provided with separate coaches or compartments, as above provided, shall ride in any coach or compartment not designated for his race after having been forbidden to do so by the conductor in charge of the train, he shall be guilty of a misdemeanor, and upon conviction shall be fined not less than five nor more than twenty-five dollars. SEC. 6. The provisions of this act shall not be so construed as to prohibit nurses from traveling in any coach or compartment with their employer, or employees upon the train or cars in the discharge of their duty, nor shall it be construed to apply to such freight trains as carry passengers in cabooses, provided that nothing herein contained shall be construed to prevent railroad companies in this State from hauling sleeping cars, dining or cafe cars or chair cars attached to their trains to be used exclusively by either white or negro passengers, separately but not jointly. SEC. 7. Every railroad company carrying passengers in this State shall keep this law posted in a conspicuous place in each passenger depot and in each passenger coach provided in this law. SEC. 8. The provisions of this law shall not apply to any excursion train or street car or interurban car as such for the benefit of either race. SEC. 9. Conductors of passenger trains, street cars or interurban lines provided with separate coaches shall have the authority to refuse any passenger admittance to any coach or compartment in which they are not entitled to ride under the provisions of this law, and the conductor in charge of the train or street car or interurban car shall have authority, and it shall be his duty, to remove from a coach or street car, or interurban car any passenger not entitled to ride therein under the provisions of this act, and upon his refusal to do so knowingly shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than five or more than twenty-five dollars. SEC. 10. All fines collected under the provisions of this law shall go to the available common school fund of the county in which conviction is had. Prosecutions under the provisions of this law may be instituted in any court of competent jurisdiction in any county through or into which said railroad may be run or have an office. SEC. 11. The great necessity of this legislation and the crowded condition of the calendar, and the near approach of the close of this. session of the Legislature, creates an emergency, and an imperative. public necessity requiring that the constitutional rule which requires 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 March 22, 1907. Takes effect ninety days after adjournment. BANKS AND BANKING CORPORATIONS-RELATING An Act to amend Section 7, Chapter 10, Acts of the First Called Session of the Twenty-ninth Legislature of the General Laws of Texas, of 1905, in reference to the reserve fund to be kept by the State banks. SECTION 1. Be it enacted by the Legislature of the State of Texas: That Section 7, Chapter 10 of the Acts of the Twenty-ninth Legislature of 1905 in reference to the reserve fund of State banks be amended so as to hereafter read as follows: Sec. 7. Every banking corporation shall at all times have an amount of cash on hand and cash due from other banks equal to at least 25 per cent of the aggregate amount of its demand deposits, 10 per cent of which is to be actual cash in the bank. Whenever the reserve of a bank, as hereinbefore required, shall fall below 25 per cent of the demand deposits, then such bank shall not make any new loans or discounts until it shall, by collections, restore its lawful reserve. The reserve fund or any part thereof, together with the current receipts, may be kept on hand or on deposit, payable on demand, in any bank or banking association of the State of Texas, or any bank, banking association, or trust company, regularly chartered and operating under the laws of any other State, or under the laws of the United States, approved by the Superintendent of Banking, and having a paid up capital stock of $50,000 or more, but the deposits in any one bank or trust company shall not exceed twenty per cent of the total deposits, capital and surplus of said bank. SEC. 2. The importance of the legislation herein proposed, there being now no sufficient legislation with reference to the same, creates an emergency and imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house, be suspended and that this bill be put upon its third reading and final passage and take effect from and after its passage, and it is so enacted. Approved March 22, 1907. Takes effect ninety days after adjournment. COMMISSION MERCHANTS-DEFINING THEIR H. B. No. 162.] DUTIES. CHAPTER XXXVIII. An Act defining commission merchants, requiring such merchants to give bond, imposing a penalty for pursuing the occupation of commission merchant when bond has not been made, providing that suit may be brought on such bonds, fixing the venue of such suits, repealing all laws in conflict, and declaring an emergency. SECTION 1. Be it enacted by the Legislature of the State of Texas: That any person, firm or corporation pursuing or who shall pursue the business of selling produce or goods, wares or merchandise of any kind upon consignment for a commission shall be deemed to be a commission merchant. SEC. 2. That all commission merchants be and they are hereby required to make bond, each in the sum of $2000, entered into with two or more good and sufficient sureties, who are residents of this State, payable to the county judge of the county in which such commission merchant resides or has his principal office, and such bond shall be made in at least one county in which they do business, in which county suits may be maintained on said bonds, and to his successors in office, as trustees for all persons who may become entitled to the benefits of this act, conditioned that such commission merchant will faithfully and truly perform all agreements entered into with consignors with respect to receiving, handling, selling and making remittances and payments for consignments made to him, which bond shall be approved by the county clerk of the county in which such commission merchant resides or has his principal office, and by him be filed and recorded. SEC. 3. That the bond provided for by the preceding section may be sued upon and recovery had thereon by any person claiming to have been damaged by a breach of its conditions; provided, that said bond shall not become void upon the first recovery thereon, but may be sued upon until the amount thereof is exhausted. That upon the exhaustion of said bond by recoveries thereon, said commission merchant shall be required to make and file a new bond conditioned as provided in Section 2 hereof. SEC. 4. That any commission merchant, or the officers or agents of such, whether the merchant is a resident of this State or not, who shall advertise or solicit business as a commission merchant, or who shall pursue in any way the occupation of a commission merchant without having made the bond or bonds as required by this act shall he deemed guilty of a misdemeanor, and upon conviction shall be fined. in any sum not less than one hundred dollars and not more than one thousand dollars. SEC. 5. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. SEC. 6. The fact that there is now no adequate law for the protection of farmers and truck growers 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 bill take effect and be in force from and after its passage, and it is so enacted. |