pended, and 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 Senate, no vote given; reported to the House of Representatives, was there amended; Senate concurred in House amendments, no vote given; and passed the House of Representatives, no vote given.]

An Act to regulate drilling, operation and abandonment of petroleum oil, natural gas and mineral water wells, and to prevent certain abuses connected therewith.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the owner or operator of any well being constructed for the production of petroleum oil, natural gas or mineral water, shall, before drilling into the oil or gas bearing rock, incase such well with good and sufficient wrought iron or steel casing, in such manner as shall exclude all surface or fresh water from the lower part of such well from penetrating the oil or gas bearing rock.

Should any well be drilled through the first into a lower oil or gas bearing rock, the same shall be cased in such manner as will exclude all fresh water above the last oil or gas bearing rock penetrated.

SEC. 2. That the owner or operator of any well constructed for either or any of the purposes named in the first section of this act, when about to abandon or cease operating the same, and before drawing the casing therefrom, shall securely fill such well with rock, sediment or with mortar, composed of two (2) parts sand and one (1) part cement or other suitable material to the depth of two hundred feet above the top of the first oil or gas bearing rock, and also in such manner as shall prevent the gas and oil from escaping therefrom.

If the owner or operator of any such well shall fail to or shall inefficiently comply with the provisions of this section then the owner of the land upon which the well is situated shall forthwith comply therewith.

If all the persons hereinbefore named shall fail to or inefficiently fill such well in the manner herein before described, then it shall be lawful for any person, after written demand therefor to any of said persons, to enter the premises where such well is situated, take possession thereof and fully comply with the provisions of this section.

The reasonable cost and expense thereof shall forthwith be paid by the owner or operator of the well, and on his default by the owner of the land. The amount of such reasonable cost and expense shall forthwith be a lien upon the fixtures and machinery and leasehold interest of the owner and operator of said well, as upon the title and interest of the land owner in the land upon which said well is situated, and may be recovered and

enforced against said owner or operator, in the order named, in any court of competent jurisdiction.

SEC. 3. That any person, co-partnership or corporation in possession either as owner, lessee, agent or manager of any well producing natural gas, in order to prevent the said gas from wasting by escape, shall, within ten days after this act takes effect, and within ten days after penetrating the gas bearing rock in any well hereafter drilled, shut in and confine the gas in said well until and during such time as the gas therein shall be utilized for light, or fuel or power; provided, that this shall not apply to any well that is operated for oil.

SEC. 4. That it shall be unlawful for any person, co-partnership or corporation to use natural gas for illuminating purposes than what are known as flambeau lights; but nothing herein shall prohibit the use of "Jumbo" burners, or any other burners consuming no more gas than such "Jumbo" burners, but the person, co-partnership or corporation consuming such gas and using such burners in the open air shall inclose the same in glass globes or lamps, and any one using such gas in the open air, or in or around derricks, shall turn off said gas not later than eight o'clock in the morning of each day such lights are burning or used, and shall not turn on or relight the same between the hours of eight o'clock a. m. and five o'clock p. m.

SEC. 5. That any person, co-partnership or corporation violating any of the provisions of this act, shall be liable to a penalty of one hundred dollars, to be recovered with the cost of suit in a civil action, in the name of the State of Texas, in any court of competent jurisdiction in the county in which the act shall be committed or omitted.

Such suit may be brought at the instance of any resident of the State of Texas, without security or liability of cost.

The amount of said penalty when collected shall be paid, one-half into the school fund of the county in which said suit is brought, and one-half to said person at whose instance said suit shall be brought.

SEC. 6. From the fact that the surface water in wells now abandoned is calculated to ruin the oil field in Navarro county, an emergency is created and an imperative public necessity requires the suspension of the constitutional rule requiring bills to be read on three several days, and it is 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 House of Representatives by a two-thirds vote, yeas 91, nays 0; and passed the Senate by a two-thirds vote, yeas 25, nays 1.]

Approved March 29, 1899.

Became effective March 29, 1899.

RAILROADS-SHALL DELIVER FREIGHT IN ACCORDANCE WITH BILL OF LADING.

An Act to prohibit railroad companies, their officers, agents and employes from making excessive charges for carrying and transporting freight, goods, wares and merchandise, and to require said companies, their officers, agents and employes to deliver freight, goods, wares and merchandise on the payment of the freight charges due, as shown by the bill of lading, and to provide penalties for the violation of this act.

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

SECTION 1. That it shall be unlawful for any railroad company in this State, its officers, agents or employes, to charge and collect, or to endeavor to charge and collect, from the owner, agent or consignee of any freight, goods, wares and merchandise, of any kind or character whatsoever, a greater sum for transporting said freight, goods, wares and merchandise than is specified in the bill of lading.

SEC. 2. That any railroad company, its officers, agents or employes, having possession of any goods, wares and merchandise of any kind or character whatsoever, shall deliver the same to the owner, his agent or consignee upon payment of the freight charges, as shown by the bill of lading.

SEC. 3. That any railroad company, its officers, agents or employes that shall refuse to deliver to the owner, agent or consignee, any freight, goods, wares and merchandise, of any kind or character whatsoever, upon the payment, or tender of payment, of the freight charges due as shown by the bill of lading, the said railroad company shall be liable in damages to the owner of said freight, goods, wares and merchandise, to an amount equal to the amount of the freight charges, for every day said freight, goods, wares and merchandise is held after payment or tender of payment of the charges due as shown by the bill of lading, to be recovered in any court of competent jurisdiction.

SEC. 4. The fact that the above foregoing act was passed by the Legislature of the State of Texas, and approved May 6, 1882, and took effect ninety days after its adjournment, and has never been expressly repealed by the Legislature of the State of Texas, but that by reason of its omission from the Revised Statutes, as now in force, some doubts exist as to whether or not the said act so passed by the Legislature of the State of Texas on May 6, 1882, is now in force, creates an imperative public necessity and emergency that the constitutional rule requiring 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.

[NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 103, nays 0; and passed the Senate by a two-thirds vote, yeas 22, nays 4.]

Approved March 29, 1899.

Became effective March 29, 1899.

SCHOOL TRUSTEES-INDEPENDENT DISTRICTS.

S. B. No. 188.]

CHAPTER LI.

An Act to provide a uniform method of electing school trustees in independent districts; defining the duties of such trustees in reference to the election of superintendents of schools and the control of schools in such independent districts, and repealing Article 4008, of the Revised Civil Statutes, and all other laws, both general and special, in conflict with the provisions of this act, and providing an emergency.

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

SECTION 1. There shall be elected six school trustees for each independent district of this State at an election held in each such independent school district on the first Tuesday in May, 1899, and three on the second Tuesday in December of each second year thereafter, that is, in 1901, 1903, etc.

SEC. 2. At the first election held under this act, the first Tuesday in May, 1899, there shall also be elected a president of the board of trustees, who shall serve until the regular trustees' election in 1901, and until his successor is elected and qualified; and thereafter the term of office of the president of the board of trustees shall be four years. The president of the board of trustees shall preside at all meetings of the board; he shall sign all drafts upon the treasurer, which are issued by authority of the board; he shall not vote on any question submitted to the board, or in any election of teachers, except when the votes cast are equally divided, when it shall be his duty to cast the deciding vote, and he shall serve without compensation.

SEC. 3. Three of the trustees elected in May, 1899, shall serve until the regular trustees' election in 1901, and three shall serve until such election in 1903, and until their successors are elected and shall have qualified. The trustees elected at the first election provided for in this act shall meet within twenty days after such election, or as soon as possible thereafter, and shall determine by lot which three of the trustees elected shall serve until December, 1901, and which three shall serve until December, 1903; and at the regular election of trustees in each alternate. year thereafter three trustees shall be elected, and the term of office of each shall be four years, and said trustees shall serve without compen

sation.

SEC. 4. The county judge of each county shall order for each and every independent district in the county for which he is county judge the first election required to be held under the provisions of this act, and thereafter all such elections shall be ordered by the board of trustees of each independent district at least ten days before the date of the election, and the secretary of the board of trustees shall post three notices of the order for election at three different places in the district. The board of trustees, at the time of ordering such election, shall appoint persons to hold the election, who shall serve without compensation, and shall designate the places where the polls of such election shall be open.

SEC. 5. All the qualified voters of each independent district shall be entitled to vote at a trustees' election, and the three candidates receiving

the largest number of votes shall be entitled to serve as trustees for the terms for which they are candidates.

SEC. 6. Before any trustee enters upon the discharge of the duties of his office he shall swear that he will faithfully and impartially discharge. the duties of such office, and such affidavit shall be filed with the county judge.

SEC. 7. Said board of trustees may adopt such rules, regulations and by-laws, for their own government, as they may deem proper. The public free school of such independent district shall be under the control and supervision of such board of trustees, and said board, when elected, shall have the exclusive power to control, manage and govern said schools.

SEC. 8. Each board of trustees provided for in this act shall elect a superintendent or principal of schools of such independent district for not more than two years, and such election of superintendent or principal shall be held between the 15th day of April and the 15th day of August of each year, or each alternate year, as may be necessary. election of a superintendent or principal to fill any vacancy in said position, arising from any cause whatever, shall be for the unexpired term only.

The

SEC. 9. When a vacancy occurs in the board of trustees in any independent district, the remaining members of such board shall fill the vacancy by electing a person to serve until the next regular election of trustees, when at that time the vacancy shall be filled by an election; provided, the term of the trustees first elected has not expired, and a person elected by the people to fill a vacancy shall serve to the end of the term for which the trustee creating the vacancy was elected.

SEC. 10. Any independent district which now has a board of six trustees, elected by the people or appointed by the city council, shall not be required to hold the special election in May, 1899, provided for in this act; but the said board of trustees that are elected under Article 4007 of this chapter shall determine, by lot or otherwise, the members of said. board whose term of office shall expire in 1901, and those whose term shall expire in 1903, and the regular election of trustees in the odd numbered years, as provided for in this act, shall be held in each such independent district, save in the cities as provided for in Article 4018.

SEC. 11. All laws and parts of laws, both general and special, in conflict with the provisions of this act are hereby repealed, and Article 4008, of the Revised Civil Statutes, is specially repealed.

SEC. 12. The fact that the Revised Statutes are indefinite in their provisions, in reference to the election of trustees in independent districts incorporated for school purposes only, and that much confusion and uncertainty will result if an attempt is made to elect trustees in such districts in June next, 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 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 24, nays 0, and reported to the House where it was amended; Senate concurred in House amendments by a two