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in the Journal of today, which motion was adopted. (The bill will be found following today's proceedings.)

OATH OF OFFICE ADMINISTERED.

Here the Chair administered the constitutional oath of office to Mr. J. W. Shotwell, Enrolling Clerk.

HOUSE BILL NO. 1 PRINTED IN
FULL.

By motion the Senate ordered House bill No. 1 printed in today's Journal and the same will be found immediately following Senate bill No. 1.

ADJOURNMENT.

On motion of Senator McNealus the Senate, at 12:30 o'clock p. m., adjourned until 10 o'clock tomorrow morning.

APPENDIX.

PETITIONS AND MEMORIALS.

Dallas, Texas, August 24, 1914. President of the Senate, Speaker of the House, State Capitol, Austin.

Delegates in convention here today of twenty-eight most important cotton Counties request legislation to co-operate with Federal government in efforts to assist in handling cotton crop. Resolution adopted that the State Legislature be urged to pass warehouse bill promptly providing for system of loaning money on cotton stored in such warehouses. Texas cotton organization perfected to cover every county and delegates selected to attend Southern Cotton Association at New Orleans, August

27th.

Signed-J. H. Connell, E. G. Senter, W. A. Bowen, Committee.

struction of public cotton warehouse,
requiring ginners to construct build-
ings or platforms for the protection
of ginned cotton, directing how cotton
shall be wrapped, records to be kept
by ginners; construing the term
warehouseman, providing for bond of
warehouseman, imposing certain du-
ties upon the Commissioner of Insur-
ance and Banking, providing for the
issuance of charter to warehouseman,
providing for warehouseman records,
and examination of public cotton
warehouses, defining the terms sam-
ples, loose, linter and bolly, making
warehouse receipts negotiable, provid-
ing for fees of warehouseman, exami-
nation of warehouses and charges for
such examination, limiting number of
warehouses conducted under one char-
ter; requiring railway companies to
shed platform and to transport cot-
ton in closed cars, requiring com-
presses to be supplied with weather-
proof platforms to protect cotton, re-
quiring all persons concentrating cot-
ton to provide suitable platforms and
sheds to protect same from damage,
providing penalties, repealing all laws
in conflict, and declare an emer-
gency.

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

Section 1.

Article 1. The term public cotton warehouse as used in this act shall be construed to include any building, platform or place provided for the weighing and storage of cotton for hire or fees, or as a place to hold or concentrate cotton for compressing or shipment, and offered to the public as a place for deposit and storage of cotton for any such purpose.

Article 2. Every person, firm or corporation conducting a cotton gin in this State for hire or fees payable in money, exchange or products, or by any other thing of value shall provide a building, platform or place of sufficient capacity to store such bales of cotton as they may permit to be and remain on their premises after it has been baled and held for delivery to the owner or agent. Such building, platform or place to bę so constructed as to protect the cotton By Senator Wiley. stored therein from becoming wet or otherwise damaged by reason of exposure to weather conditions.

SENATE BILL NO. 1.

The following bill is printed herewith by order of the Senate:

S. B. No. 1.

A BILL

To be Entitled

Article 3. Every person, firm or cor

An Act construing the term public cot-poration conducting a cotton gin shall

ton warehouse. providing for the con

require the owner or agent tendering

and no two shall be given the same name.

Article 4.

Each and every applicant shall execute a bond in an amount in dollars equal to five times the actual capacity of the proposed public cotton warehouse in bales, payable to the Com

cotton to be ginned to furnish or provide a sufficient quantity of wrapping material to wrap the bale so as to cover and protect the two round sides and the two ends; and shall keep a record of each and every bale ginned, using a serial number, which shall be so kept as to furnish a ready means of identi-missioner of Insurance and Banking, at fication of any bale ginned, and shall number the bale corresponding to the record number, which shall be placed on the bale by the use of a good grade of marking ink, and shall tag the bale, using tag number corresponding to record number, which cotton tag shall be of a good grade of material commonly used by the cotton trade.

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Article 2. Every public cotton warehouse conducted and operated by and under the provisions of this act shall be so constructed as to completely house and protect all cotton stored therein from damage by reason of becoming wet, absorbing moisture or being exposed to weather conditions, and in such manner as to reduce the fire hazard to such an extent as may be reasonable under local conditions.

Article 3. Before any warehouseman shall engage in the business of conducting a public cotton warehouse he shall make application to the Commissioner of Insurance and Banking for a charter authorizing him to engage in the public cotton warehouse business, which sai application shall state the name and address of the applicant, the location of the proposed public cotton warehouse, its capacity, name and of what material constructed. The name of the city or place where the proposed public cotton warehouse is to be located shall be a part of the name of each warehouse,

Austin, Texas, for the use and benefit of any and all persons depositing and storing cotton in the public cotton warehouses designated and described in the bond, conditioned that he will faithfully perform his duties as warehouseman, and it shall be a further condition of said bond that applicant will comply with the rules and regulations of said Commissioner of Insurance and Banking governing the payment of fees, keeping necessary records, issuing receipts and making reports.

Article 5. The bond provided for in Article 4 may be executed by the principal and at least two approved sureties or may be executed by the principal and any approved bonding company doing business in this State as surety.

Article 6. Any person who may have a good cause of action against the warehouseman for damage by reason of any act of the warehouseman shall be permitted to recover on said bond by establishing his claim in any court of competent jurisdiction, and any one or

more recoveries shall not invalidate said bond until the full amount of said bond has been recovered and paid.

Article 7. Any payment on said bond or impairment of said bond by any means shall be immediately reported to the Commissioner of Insurance and Banking by the principal and sureties of said bond.

Article 8. The Commissioner of Insurance and Banking shall require the execution of a new bond to be substituted and filed in lieu of any bond that has been reported under Article 7.

Article 9. The Commissioner of Insurance and Banking shall upon the filing and approval of an application and bond, as provided in Articles 3 and 4, issue to the applicant a charter authorizing applicant to engage in the public cotton warehouse business, and the Commissioner of Insurance and Banking shall demand and receive a fee of $5.00 for each and every charter so issued, which shall be paid into the general fund of the State. All charters issued shall be numbered consecutively and registered in a book provided for that purpose.

Article 10. All public cotton ware- this act and the requests and orders of house receipts issued by any warehouse- the Commissioner of Insurance and man, as provided in this act, shall be Banking he shall open his warehouse uniform, and the Commissioner of In- and begin the actual business of receivsurance and Banking shall prepare and ing, weighing and storing cotton, as is adopt uniform receipts, a copy of which provided in this act. shall be furnished each applicant with his charter. Each receipt shall bear the name and number of the public cotton warehouse, which number shall be the same as the charter number, the date issued, to whom issued, the weight of the bale of cotton for which the re

Article 14. No public cotton warehouse chartered under this act shall be used for any purpose other than for the weighing and storing of cotton during such time as there may be one or more bales of cotton stored therein.

Article 15. The warehouseman shall

issue his receipt for each bale of cotton received by him, and shall make all such records as is provided for by this

act.

Article 16. Terms construed:

ceipt was issued, the warehouse number of the bale, such notation as may be necessary to show the condition of the bale when received, a statement to the effect that the bale will be delivered upon surrender and cancellation of the The term "linter" shall be construed receipt, that the receipt is transferable upon delivery, and the words "Bonded to include all cotton that has been baled Public Cotton Warehouse Receipt" shall by means of reginning the seed. be printed on the margin of the receipt. The term "samples" shall be construed Article 11. When the warehouseman to include all cotton baled by the use has received the charter provided for in of samples drawn from the bale of colthis act, he shall provide all necessary ton in the course of trade. records for the purpose of keeping a true and correct record of each bale of cotton placed in his warehouse, using a serial number, showing the name of the person depositing or storing the bale, his post office address and a number corresponding to the record number shall be placed on the bale by the use of a good grade of marking ink, and shall tag the bale, using number corresponding to record number and the tag used shall be of good quality commonly used by the cotton trade.

The record of each bale shall be so kept as to furnish a ready means of identification of any bale handled by the warehouseman. He shall also obtain a supply of public cotton warehouse receipts, using the form adopted by the Commissioner of Insurance and Banking, and no form other than that adopted shall be issued or used by any warehouseman acting by authority of this act. No receipt shall be issued for more than one bale.

Article 12. All warehousemen acting by authority of this act shall procure

and
keep accurate and well adjusted
scales and balances and give accurate
weights, and shall have the same tested
and certified to as provided by law.
Article 13. At such time as the ware-
houseman may have received his char-
ter, paid his fees, constructed his ware-
house, obtained all necessary records,
receipts, scales and balances, and has
complied with all the requirements of

The term "loose" shall be construed to include all cotton baled by the use of yard, warehouse and compress cleaning and pickings.

The term "bolly" shall be construed to include all cotton baled from cotton

that has been pulled and ginned by gins equipped with hullers.

Article 17. A warehouseman issuing a receipt for a "linter" shall write the word "linter" on the receipt.

A warehouseman issuing a receipt for a bale of "samples" shall write the word "samples" on the receipt.

A warehouseman issuing a receipt for a bale of "loose" shall write the word

"loose" on the receipt.

A warehouseman issuing a receipt for a "bolly" shall write the word "bolly" on the receipt.

or

The word linter, sample, loose bolly, when written upon any receipt, shall be placed and written as to readily attract the attention of persons handling the receipt.

Article 18. No warehouseman shall ship, reship nor by any other means transfer or remove the stored cotton from his warehouse except upon the written order of the owner of the cotton, and upon such removal he shall demand the surrender of each and every receipt issued for the bales of cotton being removed, and the owner shall deliver and surrender the receipts upon delivery of the cotton. The order for delivery may be written upon the back of the receipt or may be in the form of

an ordinary shipping list, but shall be signed by the owner of the cotton or his duly constituted agent.

Article 19.

The warehouseman shall receive the following fees for services rendered:

For each bale of cotton weighed, not exceeding ten cents.

For marking, sampling and preparing for shipment or delivery, not exceeding twenty-five cents per bale. If a bale remains in the warehouse longer than ten days the warehouseman shall receive a fee of fifteen cents per bale for the first twenty days after the expira: tion of the first ten-day period, and thereafter per bale per month or fraction of a month, if removed sooner, not exceeding twenty-five cents.

Article 20. The warehouseman shail cancel all receipts delivered to him upon delivery of cotton, and shall keep and retain all such receipts as part of the records of his office. Duplicate receipts may be issued in lieu of original receipts that may be lost or destroyed upon the owner making oath as to the facts and executing an indemnity bond to the warehouseman in double the amount of the value of the cotton represented by the lost receipt, which bond shall be subject to approval by the warehouseman. The duplicate shall be plainly marked "Duplicate," and the warehouseman shall keep a true record of all such duplicates issued.

by the Department of Insurance and Banking when requested so to do.

Article 23. The Commissioner of Insurance and Banking shall cause an examination of each public cotton warehouse to be made at least one time dur

ing each year, and may make other and more frequent examinations where conditions justify or require, provided that no warehouseman shall be required to pay for more than two examinations in

any one year.

Article 24. The Commissioner of Insurance and Banking shall receive the provided for in Article 23, which he following fees for making examinations shall pay into the general fund of the State. Examining warehouses handling 1000 bales or less per annum, ten dollars; 1000 to 5000 bales per annum, fifteen dollars; 5000 to 10,000 bales per annum, twenty dollars, and an additional fee of five dollars for every 1000 bales handled per annum in excess of 10,000 bales, over and above twenty dollars for first 10,000 bales.

Article 25. Any warehouseman who shall violate any of the provisions of this act relating to a warehouseman shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five dollars nor more than five hundred dollars, and in addition thereto may have his charter forfeited authorizing him to conduct the business of a warehouseman.

Section 3.

Article 21. No two or more warehouses shall be conducted under one charter in different towns or cities, but Article 1. Every railway or transany warehouseman may establish asportation company doing business in many branch warehouses in the same town or city as may be necessary to properly care for and house all cotton handled by him; provided, that the establishment of a branch warehouse shall be first reported to the Commissioner of Insurance and Banking and a bond filed, subject to the approval of said Commissioner, in an amount equal to five times the actual capacity of the branch warehouse.

Article 22. Every warehouseman shall make such reports as may be requested by the Commissioner of Insurance and Banking, and shall pay to said Commissioner, for the use and benefit of general fund of the State, an annual tax of five dollars. The records of his office shall be public records and subject to examination by any citizen at all reasonable hours.

He shall submit all records, papers and cotton on hand to an examination

this State and handling cotton for hire shall prepare a suitable platform at each of its shipping points where cotton is handled for the receipt of cotton for shipment, which platform shall be so shedded and constructed as to completely protect all such cotton from becoming wet or in any way damaged by exposure to weather conditions,

Article 2. Every railway or transportation company handling cotton shall furnish cars for shipping cotton that are so constructed as to prevent cotton loaded therein from becoming wet or otherwise damaged by exposure. It shall be a violation of this act for any such railway or transportation company to haul or transport baled cotton in open or flat cars.

Article 3. Any railway or transportation company violating any of the provisions of Section 3 of this act shall be liable to any person who may sus

tain damages by reason of their failure to comply with the terms and conditions of said section, and in addition may be subjected to a penalty of not less than twenty-five dollars and not more than one hundred dollars, and each day that they may fail or refuse to so comply with any part of the provisions of said section shall constitute a separate offense.

Section 4.

Article 1. Every person, firm or corporation owning, leasing, controlling or operating a compress in this State shall construct and prepare a cotton platform or cotton warehouse of sufficient capacity to house and care for such cotton as may be delivered to them for compressing, and the said platform or cot ton warehouse shall be so constructed!

as to prevent cotton stored or held therein becoming wet or otherwise damaged by reason of weather conditions.

Article 2. Any person, firm or corporation owning, leasing, controlling or operating a compress in this State who may violate any of the provisions of Article 1, Section 4, of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars

nor more than five hundred dollars, and each day that they may fail or refuse to comply with this act shall constitute a separate offense.

Section 5.

Article 1. Every person, firm or corporation concentrating cotton at any point in this State for shipment or transportation shall furnish, construct and provide suitable platforms and buildings to protect all such cotton from exposure to weather conditions, and to prevent said cotton becoming wet and otherwise damaged.

Article 2. Every person, firm or corporation violating all or any part of Article 1, Section 5, of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars and not more than five hundred dollars, and each day that the violation may be continued shall constitute a separate offense.

Article 3. All laws and parts of laws in conflict herewith are hereby repealed. Article 4. The local conditions in

each community, town and city shall be given full consideration, and no forfeitures or penalties shall be imposed

under this act until such time as the parties at interest may have had a reasonable time to make such improvements and changes in business. Pending such time as changes are being made by the construction of improvements the former statutes shall apply and be effective.

Article 5. Should any section or article of this act be declared unconstitutional or void for any reason it shall not affect the validity and enforcement of any other portion of same.

Article 6. The importance of the legislation proposed in this act and the relief to be had hereunder, and the fact that the present session of the Legislature may expire within a few days, renders it improbable that this bill can be read on three several days in each house, and thereby creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and that this act take effect from and after its passage, and it is so enacted.

HOUSE BILL NO. 1-EMERGENCY WAREHOUSE BILL.

The following bill is printed herewith by order of the Senate:

A BILL

To be Entitled

An Act to preserve the credit of the citizens of the State of Texas generally and to prevent the acrifice of a large part of the products of its industry; to assist in maintaining the solvency of the banks chartered by the State and to preserve intact the depositors' guaranty fund; to maintain the integrity of the actual values of the products of industry during the present period of financial disturbance, to the end that taxes may be collected and taxable values maintained; to furnish a certain, safe, authoritative and liquid security, to enable the people of the State generally to obtain their ratable and proper distribution of currency which may be issued by the national government and generally to preserve the credit and industrial and financial integrity of the State; authorizing and requiring the Commissioner of Insurance and Banking to establish a State warehouse system for the storing of cotton in bales, wheat in elevators, and other products of industry; prescribing the

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