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services, except the expert authorized to be appointed as expressed, who shall receive such reasonable compensation as the Governor may fix and direct to be paid.

The said commission shall have authority to employ such clerks, stenographers and other subordinates as may be necessary, and to do such printing as may be required in the performance of their duty, as herein defined.

SEC. 5. The sum of two thousand five hundred dollars ($2500), or so much thereof as may be required, is hereby appropriated for the purpose of paying the compensation and defraying the expenses hereinbefore provided and contemplated.

Sec. 6. The urgent necessity for the revision of the tax laws to accomplish the objects above declared, and the desirability of having the aforesaid commission at once enter upon its labors, so as to secure a speedy and satisfactory report, create a public emergency for the immediate passage and operation of this act; and therefore the constitutional rule requiring bills to be read on three several days is suspended, and this act shall take effect and go into 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 97, nays 8; Senate amendments concurred in, no vote given, but the House Journal shows that the amendments were concurred in by a vote of 99 yeas, 0 nays; and passed the Senate by a two-thirds vote, yeas 26, nays 0.]

Approved March 1, 1899.

PERMANENT SCHOOL FUND_REPEALING ONE PER CENT.

LAW.

H. B. No. 157.]

CHAPTER XIV. An Act to repeal Articles 3898, 3899, 3900 and 3901, Title 86, Chapter 7, of the

Revised Civil Statutes of 1895 of the State of Texas, transferring and setting apart annually one per cent. of the full value of the permanent school fund to the credit of the available school fund, and to declare an emergency and provide that this act take immediate effect.

SECTION 1. Be it enacted by the Legislature of the State of Texas : That Articles 3898, 3899, 3900 and 3901, of Title 86, Chapter 7, of the Revised Civil Statutes of 1895, of the State of Texas, be and the same is hereby repealed.

Sec. 2. The great importance of protection to the permanent school fund, and the necessity of a law to safely guard same, create 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 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 House of Representatives by a two-thirds vote, yeas 102, nays 6; and passed the Senate by a two-thirds vote, yeas 21, nays 0.]

Approved March 1, 1899.
Became effective March 1, 1899.

WORK ON PUBLIC ROADS-AMENDMENTS. S. H. B. No. 54.]

CHAPTER XV. An Act to repeal Article 492, of Chapter 2, of Title 13, of the Penal Code of the

State of Texas, and to amend Article 491, of Chapter 2, of Title 13, of the Penal Code of the State of Texas, and declaring an emergency.

SECTION 1. Be it enacted by the Legislature of the State of Teras: That Article 492, of Chapter 2, Title 13, of the Penal Code of the State of Texas, be and the same is hereby repealed; and Article 491, of Chapter 2, Title 13, of the Penal Code of the State of Texas, be so amended as to hereafter read as follows:

Article 491. If any person liable under the law to work upon the public roads shall wilfully fail or refuse to attend, either in person or by substitute, at the time and place designated by the road overseer, the person summoning, the superintendent or other person authorized by the commissioners' court to discharge the duties of overseer or superintendent of his district or precinct, after being legally summoned, or shall fail on or before the day for which he is summoned to attend, to pay to such overseer or superintendent the sum of one dollar per day for each day he may have been notified to work on the road, or having attended, shall fail to perform any duty required of him by law, he shall be fined in any sum not exceeding ten dollars.

SEC. 2. Whereas, the above article is in conflict with Article 491, of the Penal Code, which renders the law in reference to working public roads uncertain, and creates an imperative public necessity that the constitutional rule requiring bills to be read on three several days should be 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 House of Representatives by a two-thirds vote, yeas 97, nays 1; and passed the Senate by a two-thirds vote, yeas 23, nays 0.]

Approved March 2, 1899.
Became effective March 2, 1899.

PUBLIC SCHOOL LANDS-ORDERING ACCOUNT BETWEEN

STATE AND PERMANENT SCHOOL FUND. S. H. B. No. 364.]

CHAPTER XVI. An Act empowering the Governor of the State of Texas, together with the Com

missioner of the General Land Office of said State, to employ four additional clerks, or so many thereof as may be necessary, to tabulate the account in the General Land Office between the State of Texas and the permanent school fund, and providing for the ascertainment of the amount of public domain of the State of Texas at the time of the adoption of the Constitution of 1876, and [and] what has been done with same, and showing the present condition of the account between the State of Texas and the permanent school fund growing out of their

joint landed interests, and making an appropriation therefor. Be it enacted by the Legislature of the State of Texas :

SECTION 1. That the Governor of said State, together with the Com

missioner of the General Land Office of said State, are authorized and empowered to employ four additional clerks for the General Land Office, or so many thereof as may be necessary, to work under the direction and supervision of said Commissioner for such length of time as may be actually necessary for the investigation and correct ascertainment of the amount of public domain held and owned by the State of Texas at the time of the adoption of the Constitution of 1876, and the amount of such lands that have since been transferred, or, in any wise appropriated to said school fund, together with the amount of the proceeds of any lands sold for the benefit of said fund, other than the lands sold as school lands, as well as all other funds credited by the State to said school fund, with the amount of expenses paid by the State for benefit of said school fund, and to ascertain any other matter of proper charge or credit to the State, growing out of the joint landed interest of the State and school fund, under the provisions of the Constitution. And further, to ascertain the amount of said lands that have been in anywise used or appropriated by the State of Texas out of said public domain since the adoption of the Constitution of 1876.

SEC. 2. The additional clerks provided for in the first section of this act shall be well informed in that part of the business of the General Land Office that is required to be investigated and examined under the provisions of this act, and said persons shall be well qualified for the work thus required and shall not be retained by the State, by virtue of this act longer than is absolutely necessary for the ascertainment of the facts herein required, neither shall there be more clerks employed hereunder than can successfully work together in the accomplishment of the purposes of this act. When said work is completed it shall be immediately reported to the Governor by said Land Commissioner, and said Commissioner shall report the proceedings of said investigation to the Governor from time to time, as he may request the same.

Sec. 3. There is hereby appropriated out of any money in the State treasury, not otherwise appropriated, the sum of thirty-five hundred dollars, or so much thereof as may be necessary, for the carrying into full effect the provisions and purposes of this act. Said clerks shall be paid by the Commissioner as are other clerks in the General Land Office.

The fact that the present condition of the public school fund, and the rights of the State of Texas, growing out of the joint landed interests of the State and the permanent school fund has produced the effect to disturb the land titles in this State, and their condition cannot be known, or remedy provided, until the provisions of this act have been put into effect; therefore, an imperative public necessity and emergency exists that the constitutional rule requiring bills to be read on three several days be and the same is hereby suspended, 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 a two-thirds vote, yeas 87, nays 12; and passed the Senate by a two-thirds vote, yeas 21, nays 0.]

Approved March 2, 1899.
Became effective March 2, 1899.

RAILROADS THROUGH THE INDIAN TERRITORY.

S. B. No. 156.1

CHAPTER XVII. An Act to be entitled an act to authorize railroad companies of this State to accept

and exercise the right and privileges conferred upon them by acts of Congress granting them the right of way for their roads in and through the Indian Territory without limiting the authority of the laws of Texas over so much of such

railroad as may be within the State of Texas. Be it enacted by the Legislature of the State of Texas:

SECTION 1. That any railway company organized under the laws of this State to which the Congress of the United States has granted or shall hereafter grant the right of way and permission to extend and construct its railway in the Indian Territory be and it is hereby authorized to accept such grant and to construct and operate its railway in said Territory in accordance with the terms and provisions of the act of Congress under which such grant is made, and such company, in the issuance of its bonds to provide funds for the construction of that part of its road in said Indian Territory shall not be subject to the provisions and requirements of Chapter fourteen (14), Title ninety-four (94), of the Revised Statutes of this state, of 1895; provided, that any mortgage which may be given by such company to secure the payment of bonds issued by it on account of its railway and property in said Territory shall not operate as a lien upon that part of its road which is in the State of Texas, but may extend to and include all and singular the railway property and franchises of said company in said Indian Territory; and provided further, that the rates of freight and passenger fares on such railway in the Indian Territory shall not exceed rates fixed by the laws of the State of Texas for like transportation therein; and provided further, that nothing in this act shall be so construed as to waive any right the State of Texas has under its Constitution and laws now in force or that may hereafter be enacted for the government of railroads.

SEC. 2. Whereas, a number of railway corporations of this State have secured grants from Congress of right of way with permission to extend their lines into said Indian Territory to and through the coal fields therein, and the extension of commerce of this State with the increasing population of said Indian Territory would greatly enhance the prosperity of the people of Texas, and, whereas, said provisions of the laws of this State are not applicable to railway construction in said Territory by companies of this State to the prejudice of its citizens; therefore, an emergency and an imperative public necessity authorizing the suspension of the constitutional rule requiring bills to be read in each house on three several days is created, and such rule is so 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 21, nays 1; and passed the House of Representatives by a two-thirds vote, yeas 93, nays 3.]

Approved March 3, 1899.
Became effective March 3, 1899.

SOUTHWESTERN INSANE ASYLUM-REPAIRS AND

ANCHORAGE.

S. B. No. 155.]

CHAPTER XVIII. An Act to be entitled an act authorizing the Governor to have underpinned,

repaired and anchored the administration and ward buildings of the South

western Insane Asylum, and making an appropriation therefor. Be it enacted by the Legislature of the State of Texas :

SECTION 1. That the Governor of the State of Texas is hereby authorized and empowered immediately to have underpinned, repaired and anchored the administration and ward buildings of the Southwestern Insane Asylum at San Antonio, under the supervision of an honest and competent architect; provided, however, that no architect or contractor who was in any manner connected with the original construction of said buildings shall under any circumstances be employed or consulted.

Sec. 2. For the purpose of paying for the work and material for underpinning, repairing and anchoring said buildings and paying the salary of said architect, the sum of ten thousand dollars, or so much thereof as may be required, is hereby appropriated out of any money in the State treasury not otherwise appropriated, and the same shall be expended under the direction of the Governor, and warrants shall be drawn against said money by the Comptroller upon accounts duly approved by the signature of the Governor, but not otherwise.

Sec. 3. The fact that the administration and ward buildings of the Southwestern Insane Asylum, which this act authorizes to be underpinned, repaired and anchored, have been condemned as dangerous, and are in a state of impending delapidation and ruin, the result of incompetency, fraud and public pilferings, hourly threatening the lives of about three hundred helpless and unfortunate human beings, creates an emergency and an imperative public necessity authorizing the suspension of the constitutional rule requiring bills to be read on three several days, and said rule is therefore 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 22, nays 1; and passed the House of Representatives by a two-thirds vote, yeas 100, nays 0.]

Approved March 3, 1899.
Became effective March 3, 1899. .

2-G. L.

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