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administering this act; creating cer-
tain penal offenses to secure the en-
forcement of the act and prescribing
penalties therefor; making an appro-
priation to carry out the provisions
of this act, and declaring an
gency.

emer

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

Section 1. It is declared that this act

terms and conditions and rules and regulations under which such officer shall establish said warehouse system, conferring certain authority upon him with reference thereto and conferring authority upon incorporated cities and towns to contribute to the cost and expense of such system in their respective locations and conferring authority upon private corporations to make contributions for such purpose; authorizing the Commissioner to ap- is an emergency measure, made necespoint managers at each local ware- sary by the conditions brought about by house, fixing the bond and defining the the wars on the continent of Europe. duties of such managers; prescribing The purpose of this act is to preserve the terms and conditions of warehouse the credit of the citizens generally of receipts to be issued by the managers the State; prevent the sacrifice of a of warehouses established by the Com- large part of the products of its indusmissioner of Insurance and Banking, try now impending and due to the caand prescribing when and under what lamities and exigencies of war; to asconditions such receipts may be issued sist in maintaining the solvency of the and when duplicates may be issued; banks chartered by the State of Texas, defining negotiable and non-negotiable and preserve intact the depositors' guarreceipts; prescribing when property anty fund; to maintain the integrity of placed in State warehouses shall be the actual values of the products of indelivered upon the surrender of re- dustry during the present period of ceipt and all terms and conditions, financial disturbance, to the end that rules and regulations governing State taxes may be collected and taxable valwarehouses established by the Com- ues maintained; to furnish a certain, missioner of Insurance and Banking; safe, authoritative and liquid security, to defining the liability of the State as enable the people of the State generally a public warehouseman and permitting to obtain their ratable and proper dissuits to be brought against it as such; tribution of currency issued or authorprescribing the ized to be issued by the national governvenue thereof; prescribing that the Commissioner of In- ment, or other relief issues of money or surance and Banking shall fix the currency made by the national governcharges for storage; authorizing the ment or authorized to be made by it; Commissioner of Insurance and Bank- and generally to preserve the credit and ing to have all products stored in industrial and financial integrity of the State warehouses insured; defining what character of buildings may be Sec. 2. This act shall be administered used for warehouse and storage pur- by the Commissioner of Insurance and poses; providing for the appointment Banking. To aid him in this work he of warehouse examiners by the Com- is empowered to appoint a chief clerk missioner of Insurance and Banking, of the warehouse division of his departprescribing their duties, conferring au- ment, who shall perform the duties thority upon the Commissioner of In- usually incident to that character of surance and Banking to have State position and such other duties as may warehouses examined by the State be assigned him by the Commissioner. bank examiners; providing how the Such chief clerk shall be paid the sum warehouseman's lien provided for in of three thousand ($3000) dollars per the measure may be satisfied; stating annum, payable monthly, and shall hold when the Commissioner of Insurance his position at the will of the Commisand Banking shall cease to receive cot- sioner. The Commissioner of Insurance ton in storage under the act; declaring and Banking shall also have authority that all public cotton gins are charged to employ such clerks, stenographers, exwith the public use and levying an oc- perts, managers, examiners, and such cupation tax of 10 cents per bale other help as may be necessary in carryagainst each public cotton ginner in ing out the provisions of this measure. the State; creating special fund to All those employed by the Commissioner be used only in the administration of for any purpose shall receive such salthis law; defining the standard of ary and compensation as may be fixed weights and measures and classifica- by him, except as herein otherwise protion to govern the Commissioner in vided, and, in addition thereto, shall,

State.

when traveling on official business receive their actual necessary traveling expenses.

Sec. 3. It shall be the duty of the State banks chartered under the laws of this State to render the Commissioner such assistance as he may request in putting into effect, and in administering this act.

Sec. 4. As soon as this act goes into effect the Commissioner shall establish in each town or city of this State, whether incorporated or unincorporated, where the demand therefor is reasonably sufficient to justify the outlay, a State warehouse for the storage of cotton in the bale, and shall store the same and issue receipts therefor in the manner herein provided. Only in cases of extreme necessity and when the income will probably justify the outlay shall the Commissioner erect or purchase warehouses, but he shall rent and lease the same. Should the Commissioner, how ever, find it necessary to erect or purchase a warehouse he shall take title thereto in his name as Commissioner of Insurance and Banking, and when he ceases to use such property under the provisions of this act he shall sell the same, execute a proper deed thereto in the name of the State and place the proceeds thereof in the special fund created by this act.

the Commissioner, who shall be compe-
tent to keep the books required to be
kept and to grade and classify cotton.
The manager shall give bond payable to
the State at Austin, Texas, in the sum
of two thousand five hundred ($2500)
dollars in towns or cities of a popula-
tion of less than twenty-five hundred
(2500); five thousand ($5000) dollars
in towns and cities of a population ex-
ceeding twenty-five hundred (2500) and
less than ten thousand (10,000); seven
thousand five hundred ($7500) dollars
in towns and cities of a population ex-
ceeding ten thousand (10,000) and less
than twenty-five thousand (25,000); and
in the sum of ten thousand ($10,000)
dollars in towns and cities of a popu-
lation exceeding twenty-five thousand
(25,000). The population shall be ascer-
tained by multiplying the number of
school children shown by the last pre-
ceding school census within the limits
of such town, city or village by five.
There shall be but one manager in each
town, city or village, regardless of the
fact that the Commissioner may estab-
lish any number of warehouses in each
such town, city or village. The bond of
the manager shall be conditioned for the
faithful and competent discharge of his
duties under this act, and shall be in
form drawn by the Attorney General.
The manager of warehouses in each such
town, city or village shall receive such
salary as may be fixed by the Commis-
sioner and shall employ such help as
may be necessary in the discretion of
the Commissioner.

Each manager shall have a certificate signed by the Commissioner of Insurance and Banking showing his appointment as manager, which he shall keep displayed in his office at the warehouse.

Before establishing any warehouse hereunder in any incorporated city or town the Commissioner may, in his discretion, require such city or town to agree to pay and to pay all or any part of the cost of establishing and operating such warehouse; and authority is hereby conferred upon all incorporated cities and towns and villages of this State to appropriate and use as much of their general funds as may be necessary for such purpose. The Commissioner may also, in his discretion, be fore establishing any warehouse hereunder at any place require the citizens of such place, represented by some responsible body or committee, to agree to pay and pay all or any part of the cost of establishing and operating such warehouse, and authority is hereby conferred upon all private corporations, chartered under the laws of the State Sec. 7. Each warehouse receipt issued of Texas, to contribute so much of their hereunder shall bear the date of issuance funds as may be necessary for such pur- and shall state upon its face the name pose, in aiding the citizens of any par- and number of the warehouse and its ticular place to obtain in the manner location, the description, quantity, numsuggested the establishment and mainte- ber and marks of the cotton there stored, nance of a warehouse under this act. and shall state the class and weight of Sec. 5. Each warehouse shall be in the same, and the date on which it was charge of a manager to be appointed by originally received in the warehouse,

Sec. 6. Warehouses established under this act shall be conducted under rules fixed by the Commissioner of Insurance and Banking, in order to effectively carry out its provisions, and it shall be the duty of the Commissioner, as soon as may be after organizing this division of his department, to promulgate rules and regulations and forms by which the provisions of this law may be carried out.

and that it is deliverable upon the return of the receipt properly endorsed by the person to whose order it was issued and upon payment of all charges for storage and insurance, which charges shall be stated on the face of the receipt, to secure all of which the State shall have a warehouseman's lien.

All such receipts shall be numbered consecutively in the order of their is

suance, and shall state whether the cotton therein described is exposed to the weather or under shelter. A correct record of such receipts shall be kept in a well bound book, which shall be at all reasonable hours open to examination by any interested person.

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No two receipts bearing the same numSec. 8. Upon the present ber shall be issued from the same ware turn to the warehouse of house during the same year, nor shall warehouse receipt issued by its any duplicate receipts be issued, except and properly endorsed, and the in the case of a lost or destroyed re- of all proper warehouse charges upo ceipt, in which case a new receipt shall property represented by it, such p bear the same date and number as the erty shall be delivered immediately original and shall be plainly marked on the holder of such reeipt, but the ma its face "duplicate." A receipt in which ager of such warehouse who shall iss it is stated that the goods shall be de-a receipt for cotton shall not, under ar livered to the recipient or to any other circumstances or upon any order specified person is a non-negotiable re- guaranty, deliver the property upo ceipt. A non-negotiable receipt shall which receipts have been issued unti have plainly marked upon its face by such receipts have been delivered and the manager issuing it "non-negotiable" cancelled, except in case of lost receipts; or "not negotiable." A receipt in which and upon any default in strict compliit is stated that the goods will be de-ance with the terms of this article the livered to the bearer or to the order of any person named in such receipt is a negotiable receipt.

In addition to other provisions each receipt shall have a blank form on the back thereof to be filled in and signed by the owner of the cotton, showing whether such cotton is free from encumbrance or liens of any kind. If there is any encumbrance or liens of any kind on said cotton at the time of its storage the nature and amount of the same shall be clearly set out and it is made the duty of the manager issuing the receipt to have said blank filled in and signed by the owner of the cotton before issuing a negotiable receipt for the same; provided, however, such statement may not be made if a non-negotiable receipt is desired.

If the person holding a non-negotiable receipt shall desire to obtain a negotiable receipt in lieu thereof he shall return said non-negotiable receipt to the warehouse issuing the same and thereupon shall comply in every respect with the provisions of this act relating to negotiable receipts, upon compliance with which a negotiable receipt shall be issued to him in lieu of said non-ne

manager shall be held liable not only to the State on his bond but to the lawful holder of the receipt for the full value of the property therein described; and shall further be liable to the special penalty herein provided.

Upon delivery of the goods in a warehouse upon any receipt such receipt shall be plainly marked or stamped in ink across the face thereof with the word "cancelled," together with the name of the manager cancelling the same, and shall thereafter be void and shall not again be put into circulation, but shall be filed for further inspection.

Sec. 9. The liability of the State shall be that of a public warehouseman and suits may be brought against the State for any liability arising in favor of any one who has stored cotton in warehouses under this act, either at Austin, in Travis county, Texas, or in the county in which is located the warehouse where the cause of action accrued; service may be had upon the Commissioner of Insurane and Banking, or upon the local manager of the warehouse.

But in all instances before suit may be brought and maintained a statement of the claim, properly sworn to, giving

or

the amount thereof, and the manner in which it arose, shall be delivered in person or by mail to the Commissioner of Insurance and Banking within ninety days after the accrual of the cause of action, or such notice may be given by delivering a copy of the same to the local manager of the warehouse at which the cause of action arose. No personal liability shall attach to the Commissioner of insurance and Banking for any action done by him or by his managers under the terms of this act.

surance to be left to the judgment, dis-
cretion and experience of the Commis-
sioner. In the event of any loss or
damage the Commissioner shall collect
the insurance due and pay the same
over ratably and equitably to those law-
fully entitled to the same.
ance policies shall be issued in the name
of the Commissioner of Insurance and
Banking.

All insur

All cotton placed in a warehouse must be insured and the premium shall be collected from the owner of the cotton by the Commissioner and the State shall have warehouseman's lien for the insurance on the cotton, the same as it has for storage charges.

Sec. 10. A negotiable receipt issued against cotton stored in a warehouse under this act shall be negotiable and transferable by endorsement in blank or by special endorsement and delivery in the same manner and to the same Sec. 13. Cotton shall not be stored in extent as bills of exchange and promis- wooden buildings and none shall be sory notes now are, without any other stored in anything but waterproof formality; and the transferee or holder buildings, so that the entire bale shall of such warehouse receipt shall be con be protected from the weather. The sidered and held as an actual and ex- Commissioner shall equip all places of clusive owner to all intents and pur- storage with such practical fire protecposes of the property therein described, tion as the location and necessities of subject only to the lien and privileges the warehouse will permit and in all of the warehouse for storage, insurance instances every practical safeguard shall and other warehouse charges; provided, be taken, and in the rules and regulahowever, that all such warehouse re- tions to be formed by the Commissioner ceipts that shall have the words non-governing his managers he shall set forth negotiable plainly marked or stamped the general details of the system of on the face thereof shall be exempted fire protection and shall enforce the from the provisions of this section.

The manager of each warehouse shall keep a carbon copy of each receipt, whether negotiable or non-negotiable, issued by him and which shall have printed in large letters across the face of the same "Carbon Copy." Such carbon copy shall be of no value for any purpose, except as part of the records of the office of the manager issuing the

same.

Sec. 11. All charges for storage shall be fixed by the Commissioner and need not be necessarily the same at all places, but shall be fixed by him, taking into consideration the amount of cotton, local conditions and necessities, the object in view being to collect a sufficient amount at each local warehouse to pay for its operation, but at the same time make the rates reasonable and just. The Commissioner shall in his rules and regulations prescribe when insurance, warehouse charges and other charges shall be due and payable.

same; to this end he shall have the right to call to his assistance all the experts, engineers and employes of the State Fire Insurance Commission.

Sec. 14. All warehouse receipt books shall be designed by the Commissioner and printed under his direction and be furnished each warehouse by him, each receipt being numbered and accounted for by the manager under such rules as the Commissioner may provide. Each receipt shall contain the lithographed or engraved signature of the Commissioner of Insurance and Banking and the lithographed or engraved seal of his Department, but the same shall be signed with pen and ink by the local manager.

Sec. 15. All local managers shall make daily reports, if required, to the Commissioner of Insurance and Banking, showing the amount, grade, character, classification and weight of cotton received and delivered by him and from whom received and to whom delivered; said reports to be in such form Sec. 12. All cotton placed in ware- as may be designed by the Commissioner houses shall be insured by the Com- of Insurance' and Banking. Such manmissioner, either by individual policies ager shall also make such other reports or by blanket policies covering any and as may be required by the Commissionall cotton in any State warehouse, the All reports required by the Commethod and manner of securing the in- missioner shall contain such other in

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formation as may be requested by the dered monthly under oath by each exCommissioner.

Sec. 16. The Commissioner of Insur ance and Banking shall appoint a sufficient number of warehouse examiners to visit each local warehouse from time to time and carefully examine the records kept by the managers and the contents of said warehouses, and make such reports to the Commissioner of Insurance and Banking relative thereto and relative to all other matters that may be required and specified by the Commissioner concerning such warehouses. Such examiners shall visit each warehouse at least twice during each cotton season and at such other times as may be designated by the Commissioner of Insurance and Banking.

aminer and shall be approved by the Commissioner. Provided, however, the Commissioner may, in his discretion, cause State Bank Examiners to perform the duties of Warehouse Examiners in addition to their duties as State Bank Examiners, where such action will be economical, desirable and practical; in such instance, however, it will not be necessary for the State Bank Examiner to make any additional bond or take any additional oath. The expense of any examination by a State Bank Examiner shall be borne by the funds appropriated for the enforcement of this law. State Bank Examiners performing the duties of State Warehouse Examiners shall during the time they perform such additional duty receive as additional compensation therefor the sum of fifty dollars ($50) per month.

Sec. 18. The Commissioner shall have authority and it shall be his duty it he finds it necessary in addition to local warehouses to prepare and maintain warehouses at points of concentration.

Sec. 19. The warehouseman's lien herein provided for when same has become due may be satisfied as follows:

Sec. 17. Every warehouse examiner appointed by the Commissioner shall be an expert bookkeeper and accountant and cotton classer, and before entering upon the duties of his office shall take and file in the office of the Commissioner the constitutional oath, and in addition thereto shall take an oath to make fair and impartial examinations and that he will not accept as presents or emoluments any pay, directly or indirectly, for the discharge of any act in the The manager shall give a written noline of his duty other than the remuner- tice to the person on whose account the ation accorded and fixed by law; and goods are held, and to any other person that he will not reveal the condition of known by the manager to claim an inany warehouse examined by him terest in the goods. Such notice shall of any storage account examined by be given by delivery in person or by him or give any information secured in registered letter addressed to the last the course of examination to any one known place of business or abode of the except to the Governor, the Commission-person to be notified. The notice shall er and the Attorney General; and ex- contain: cept when required to do so in the enforcement of the law upon the order of a district or county judge.

or

No such examiner shall be appointed who is at the time an officer or stockholder in any warehouse company or warehouse corporation or a member of any firm or an officer of any corporation engaged in the purchase or sale of cotton or cotton products.

Each such examiner shall enter into a bond payable to the State, in the sum of ten thousand dollars ($10,000), to be approved by the Commissioner and deposited in his office, conditioned that he will faithfully perform his duties as such examiner.

(a) An itemized statement of the manager's claim, showing the sum due at the time of the notice and the date or dates when it became due.

(b) A brief description of the goods against which the lien exists.

(c) A demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue shall be paid on or before a day mentioned, not less than ten days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail, and

(d) A statement that unless the As full compensation for the perform-claim is paid within the time specified ance of the duties of examiner each the goods will be advertised for sale person so appointed shall be entitled to and sold by auction at a specified time receive a salary of two thousand dol- and place. lars ($2000) per annum, and all necessary traveling expenses. An itemized account of such expenses shall be ren

In accordance with the terms of a notice so given, a sale of the goods by auction may be had to satisfy any

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