« ForrigeFortsett »
persons or party, shall wilfully do or cause to be done, or shall wilfully suffer or permit to be done any act, matter or thing in this Act prohibited or declared to be unlawful, or who shall aid or abet therein, or shall wilfully omit or fail to do any act, matter or thing in this Act required to be done, or shall cause or wilfully suffer or permit any act, matter or thing so directed, required by this Act to be done, not to be done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of this Act or shall aid or abet therein, shall be deemed guilty of a misdemeanor and shall, upon conviction, be subject to a fine of not less than one hundred dollars nor more than one thousand dollars, and if the offense for which any person shall be convicted under this section shall be unlawful discrimination in rates, fares or charges for the transportation of passengers or property or the transmission of messages such person may, in addition to the fines hereinbefore provided for, at the discretion of the jury, be imprisoned in the penitentiary for a term not less than six months nor more than two years.
SEC. 8. Suits brought under this Act for the recovery of penalties may be brought in any court in this State having jurisdiction of the subject-matter in any county (1) when an act violative of the provisions hereof is committed (2) where such company or receiver has an agent or representative; (3) where the principal office of such company is situated or such receiver or receivers, or either, reside; and one-half (1) of all monies collected under the provisions of this Act, less the commission and expenses allowed by law, shall be paid into the State Treasury and constitute a part of the general revenue of the State, and the remainder thereof shall be paid into the Treasury of the county where such suit or suits may be maintained and constitute a part of the jury fund of such county.
SEC. 9. It is hereby made the duty of the railroad commission of Texas, the Attorney General and the district anl county attorneys of this State, under the direction of the Attorney General to see that the provisions of this Act are enforced and obeyed, and penalties due the State are recovered and collected; and said Commission shall report to the Attorney General all violations within their knowledge, with the facts in their possession, and request him to institute, or have instituted, the proper proceedings for the recovery of any penalty that may be due the State.
Sec. 10. In any investigation, suit or prosecution which may be had or instituted under the provisions of this Act, the court or tribunal in which the investigation, suit or prosecution is pending may compel all persons to attend and give testimony, and to produce such papers, books and documents as may be desired by the State and no person shall be exempt from giving testimony therein; provided, however, that no criminal action or proceeding shall be brought or prosecuted against such witness on account of any testimony so given or furnished by him.
SEC. 11. If any provision or provisions of this Act which exempt or except any person, corporation or class of persons from the operation and effects of this Act, or which authorize any such persons, corporations or class of persons to give, grant, issue, receive or accept free transportation or transportation at any rate other than is granted to any and all persons of this State, shall be held unconstitutional or invalid, such holding as to any such provision or provisions shall not invalidate any other portion of this Act.
Approved March 26, 1907.
STOCK LAN-PERTAINING TO THE RUNNING IT LARGE OF
HORSES, JACKS, ETC.
An Act to amend Chapter XXIV, General Laws of the State of Texas, passed
at the Regular Session of the Twenty-seventh Legislature, A. D. 1901, placing Colorado, Lavaca, Washington Williamson, Smithi and Dálta counties under the provisions of Chapter 128 of an act passed by the Twenty-sixth Legislature of the State of Texas, providing a mode by which hors.'s, muls, jacks, jennets and cattle may be prevented from running at large in the following counties, or in subdivisions of said counties, viz.: Cookė, Bell, Ellis, Vontague, Fayette, Johnson, Collin, Rockwall, Lamar, Vilam, Denton, Falls, Navarro, Fannin, Ilunt, Tarrant, Grayson, Guadalupe, Dallas, Austin, Br:170s and Lavaca, by adding thereto Sections two and three to read as follows:
SECTION 1. Be it enacted by the Legislature of the State of Ters: That (hapter Twenty-four (XXIV) of the General Laws of the State of Texas, passed at the regular session of the (27) Twenty-seventh Legislature I. 1. 1901, be and the same is hereby amended by adding thereto Sections 2 and 3 which shall read as follows, towit:
SEC. 2. Ipon the written application of any free-holder of the county of Colorado directed to the commissioner's court of said county whose property and premises are now adjoining and shall hereafter ad. join the line of any sub-division pow subject to or hereafter to become subject to the provisions of said Chapter 18, an let pritsiood by the 26th Legislature of the State of Texas, to have his or her said property and premises taken into and made a part of sail subdivision, and shall, by said application, describe his or her said property, and premises by metes and bounds, naming the League or Leagues, and subdivisions of said Leagues, if any, of which his or her said property and premises are a part, shall be entitled to and receive all the benefits and privileges prayed for in said application, not inconsistent with the spirit of this Act.
SEC. 3. The ('ommissioners' Court of said county, shall at its first session after the filing of such application, consider the same, and enter an order in the minutes of said court describing said property and premises as described in said application, and showing that said property and premises of the applicant have become a part of said sub-division, and that the said free-holder shall thereafter be entitled to all the privileges and protection afforded by the operation of said law, and subject to its provisions.
Approved March 20, 1907.
RAILROADS-A('THORIZING TIIE S, K. RY. CO. TO ABANDON
PART OF ITS TRACK.
An Act adthorizing the Southern Kansas Railway Company of Texas to take up
and abandon that part of its track and roadbed extending from Washburn to Panhandle, and, in lieu thereof, locate, construct, maintain and operate its
road on a line extending direct from Panhandle to Amarillo. Be it chacted by the Legislature of the State of Teras:
SECTION 1. That the Southern Kansas Railway Company of Texas is hereby authorized and empowered to take up and abandon all that part of this track, roadhed and right of way extending from Washburn, in Armstrong county, to Panhandle, in Carson county, a distance of about 14.72 miles, and being that part of its line purchased unler and in pursuance of an act of the Twenty-sixth Legislature of the State of Texas, presented to the Governor for his approval on the 9th day of March, 1899, and published as Chapter XXV of the laws eracted by sail Legislature, and, in lieu of such abandoned track and roadbed, to locate, build and construct under its charter its line or road direct from Panhandle, in ('arson county, to Amarillo, in Potter county, and to a junction with the line of the Pecos & Northern Texas Railway Company at Amarillo, a distance of about 2-4.86 miles.
SEC. 2. Said railway company shall, before abandoning that part of its line of road between Washburn and Panhandle, construct and put in condition for the running and operation of trains thereon, such new line from Panhandle to Imarillo, and in making such change in its line of road it shall so prosecute sich undertaking as not to interfere with a proper running and operation of its trains between Amarillo and lliygins, as the same are not required by law to be run for the transportation of freight, passengers and the mails.
Sec. 3. When said part of said company's line of road has been so changed, as authorized by Sections 1 and 2 of this act, that part of sail company's line of road between Panhandle and Imarillo and constructed to make such change in its line, shall be and is hereby declared to be subject to all mortgages, bonded indebtedness and claims of any and all kinds and characters whatsoever as such abandoned part of its line is now or may at the time of such abandonment be subject, with like force and effect as if such new line were the identical lands and property as the old, and no person, firm or corporation having any valid claim for debt or damage against said company or property shall be given any preference or suffer any loss or prejudice as to such claim or claims.
Sec. 3a. The enactment of this law shall not preclude any jeron who may have a legal cause of action against said Southern Kansas Railway Company for damages, if any, occasioned by reason of the taking up and destruction of said track from prosecuting said cause of action in the proper courts having jurisdiction thereof.
SEC. 4. The fact that extensive and important internal improvements and material developments are waiting and dependent upon the result of the enactment and taking effect of this law, and the material interests of the State will be largely benefited thereby, creates an emergency and an imperative public necessity requiring the suspension of the constitutional rule requiring bills to be read on three several days and the same is so suspended; and this act shall take effect 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 21, nays 6; and passed the 'House of Representatives by a two-thirds vote, yeas 65, nays 33.]
[NOTE.—The foregoing Act was presented to the Governor of Texas for his approval on the 14th day of March, A. D. 1907, but was not signed by him nor returned to the house in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.—L. T. DASHIELL, Secretary of State.]
Takes effect ninety days after adjournment.
COURTS-FIXING TIME OF HOLDING IN FIRST AND
SECOND JUDICIAL DISTRICTS.
An Act to reorganize the first and second judicial districts in the State of Texas,
to prescribe the time for the holding of the courts therein, and to repeal all laws in conflict with same, and to validate all process, bonds and recognizences heretofore taken in the courts of said districts, and all judgments therein rendered or to be rendered, and to provide an emergency.
Be it enacted by the Legislature of the State of Texas :
SECTION 1. That from and after the passage of this act, the first judicial district shall be composed of the counties of San Augustine, Sabine, Jasper, Newton, Orange and Tyler.
Sec. 2. The second judicial district shall, from and after the passage of this act, be composed of the counties of Shelby, Nacogdoches, Angelina and Cherokee.
SEC. 3. The terms of court shall be held in the first judicial district as follows: In the county of San Augustine on the first Mondays in January and July, and may continue in session three weeks. In the county of Tyler, on the third Monday after the first Monday in January and July, and may continue in session five weeks. In the county of Newton, on the eighth Monday after the first Monday in January and July, and may continue in session three weeks. In the county of Sabine on the eleventh Monday after the first Monday in January and July, and may continue in session six weeks. In the county of Orange, on the seventeenth Monday after the first Mondays in January and July, and may continue in session five weeks. In the county of Jasper, on the twenty-second Monday after the first Mondays in January and July, and may continue in session until the business is disposed of.
SEC. 4. The courts of the Second Judicial District shall be held as follows: In the county of Shelby on the first Monday in February and in August and may continue in session for six weeks; in the County of Nacogdoches on the sixth Monday after the first Monday in February and August and may continue in session for six weeks; in the county of Angelina on the twelfth Monday after the first Monday in February and August and may continue in session for five weeks; in the county of Cherokee, on the seventeenth Monday after the first Monday in February and August and may continue in session, at the spring term, for six weeks, and at the fall or winter term, until the Saturday night before the first Monday in February following.
SEC. 5. That all process and writs issued out of the first district and of the second district prior to the taking effect of this act, are hereby made returnable to the terms of said court as said terms are fixed by this act, and that all bonds heretofore executed and recognizances entered of record in said courts shall bind the parties for their appearance or to fulfill the obligation of such bond and recognizances at the terms of said court as they are fixed by this act, and all process heretofore returned to, as well as all bonds and recognizances heretofore taken in any of said counties in the district courts thereof shall be as valid as if no change had been made in said district, and the time of the holding of the courts therein.
SEC. 6. Should any district court, in either of the counties affected by the change made in this act be in session under existing laws when this act takes effect, the same shall continue and end its terms under such existing laws; and process, writs, judgments and decrees shall be valid and shall not be affected by the change in said district, and the time of holding the court therein made by this act.
Sec. 7. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.
SEC. 8. The crowded condition of the dockets of the counties of Shelby, Sabine and Angelina creates an emergency and an imperative public necessity and the crowded condition of the calendar makes it impossible for this bill to be reached in its regular order, thereby creates an emergency demanding that the Constitutional rule requiring bills to be read on three several days 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.
[NOTE.—The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 23, nays 1; and passed the House of Representatives with amendments by a two-thirds vote, yeas 109, nays (); Senate concurred in House amendments by a two-thirds vote, yeas 24, nays 0.]
Approved March 26, 1907.