therefor shall have once been acted upon by a District Judge of the State; provided that when the judge applied to shall have refused to hear or act upon such application, he shall endorse thereon, or annex thereto, his refusal to hear or act upon such application, together with his reasons therefor; provided, that nothing herein shall apply to the granting of writs of injunction by non-resident judges to stay executions, or to restrain foreclosures, or to restrain sales under deeds of trust, or to restrain trespasses, or to restrain the removal of property, or to restrain acts injurious to, or impairing riparian or easement rights, where proof is made to the satisfaction of such non-resident judge that it is impracticable for the applicant to reach the resident judge and procure his action in time to effectuate the purpose of the application.

A resident judge shall be deemed inaccessible, within the meaning of this Act, when by the ordinary and available means and modes of travel and communication, he cannot be reached in sufficient time to effectuate the purpose of the writ of injunction sought.

Whenever an application or petition for the writ of injunction shall be made to a non-resident judge upon the ground that the resident judge is inaccessible, as hereinbefore defined, the party making such application, or his attorney, shall make and file with the application, as a part thereof or annexed thereto, an affidavit setting out fully the facts showing that the resident judge is inaccessible, and the efforts made by the applicant to reach and communicate with said resident judge, and the result of said efforts in that behalf. And unless it appears from said affidavit that the applicant has made a fair and reasonable effort to procure the action of the resident judge upon said application, no non-resident judge shall have the power to hear said application upon the ground of inaccessibility of the resident judge; and should any non-resident judge hear said application upon said ground of inaccessibility of the resident judge, and should grant the writ of injunction prayed for, said injunction so granted shall be dissolved upon its being shown that the petitioner has not first made a reasonable effort to procure a hearing upon said application before the resident judge.

(4) That all laws and parts of laws in conflict herewith are hereby repealed.

SEC. 2. Any party or parties to any civil suit wherein a temporary injunction may be granted or dissolved under any of the provisions of this title in term time or in vacation may appeal from the order of judg ment granting or dissolving such injunction to the Court of Civil Appeals having jurisdiction of the case; provided, the transcript in such case shall be filed with the clerk of the Court of Civil Appeals not later than fifteen days after the entry of record of such order or judgment granting or dissolving such injunction.

SEC. 3. It shall not be necessary to brief such case in the Court of Appeals or Supreme Court, and the case may be heard in the said courts. on the bill and answer, and such affidavits and evidence as may have been admitted by the judge granting or dissolving such injunction; provided, the appellant may file a brief in the Court of Appeals or Supreme Court upon furnishing the appellee with a copy thereof not later than two days before the case is called for submission in such court, and the ap

pellee shall have until the day the case is called for submission to answer such brief.

SEC. 4. Such case shall be advanced in the Court of Appeals or Supreme Court on motion of either party, and shall have priority over other cases pending in such courts.

SEC. 5. The lateness in the session of the Legislature, the crowded condition of the calendars of both houses, creates an emergency and an imperative public necessity demanding the suspension of the constitutional rule requiring bills to be read on three several days, and that this act be in force from and after its passage, and the same is so enacted.

Approved April 16, 1907.

Takes effect ninety days after adjournment.

DEPOSITORIES-RELATING TO COUNTY DEPOSITORIES.

H. B. No. 428.]

CHAPTER CVIII.

An Act to amend Chapter 164, Section 20 of the Acts of the Twenty-ninth Legislature, 1905.

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

SECTION 1. That Section 20, Chapter 164 of the Acts of the Twentyninth Legislature, approved May 1, 1905, be so amended as to hereafter read as follows:

Section 20. The Commissioners of each county in this State are authorized at the first term thereof after this act takes effect, and at the February term thereof in 1907, and every two years thereafter, to receive proposals from any banking incorporation, association or individual banker in such county as may be desired to be selected as the depository of the funds of such county. Notice that such bids will be received shall be published by and over the name of the County Judge once each week for at least twenty days before commencement of such term in some newspaper published in said county, and if no newspaper be published therein, then in any newspaper published in the nearest county, and in addition thereto notice shall be published by posting same at the courthouse door of said county.

If for any reason the Commissioners' Court of any county shall have failed or refused to advertise for bids as required by this section at the time provided herein it shall be the duty of said court to advertise therefor not more than thirty days after the taking effect of this Act. And any member of the Commissioners' Court of any county who shall fail or refuse to vote for a compliance with the requirements of this section shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment in the county jail for less than one nor more than six months, or by both such fine and imprisonment, and such failure or refusal shall be deemed ground for removal from office.

SEC. 2. The fact that the present depository law relating to county

funds is being ignored by the proper county authorities, and the further fact that the average daily balances of nearly all counties in the State of Texas are such as would bring in revenue to them, thereby saving to the tax payer much money, and the further fact that the county depository law wherever adopted has proven both satisfactory and a good revenue measure, creates an imperative public necessity that the constitutional rule requiring bills to be read on three several days be and the same is hereby suspended, and this act shall take effect immediately and be in force from and after its passage, and it is so enacted.

Approved April 16, 1907.

Takes effect ninety days after adjournment.

DELINQUENT CHILDREN-PROVIDING PUNISHMENT FOR THOSE RESPONSIBLE THEREFOR.

An Act to provide for the punishment of persons responsible for and contributing to the delinquency or neglect and dependency of children.

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

SECTION 1. In all cases where any child shall be a "delinquent child" or a "neglected or dependent child" as defined in the Statutes of this State, the parent or parents, legal guardian or persons having the custody of such child, or any person responsible for or who, by any act, encourages, causes or contributes to the delinquency or dependency of such child shall be deemed guilty of a misdemeanor, and upon conviction. thereof shall be fined in any sum not to exceed one thousand ($1000) dollars or by imprisonment in the county jail for any period not exceeding one year, or by both such fine and imprisonment. The court may impose conditions on any person found guilty under this act, and so long as such person shall comply therewith to the satisfaction of the court the judgment imposed may be suspended.

SEC. 2. The crowded condition of the calendar and the public interests create 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 so suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.

Approved April 16, 1907.

Takes effect ninety days after adjournment.

BURGLARY WITH EXPLOSIVES-DEFINING SAME.

S. B. No. 152.j

CHAPTER CX.

An Act defining "Burglary with Explosives," prescribing penalty for the commission thereof, and declaring an emergency.

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

SECTION 1. Any person who shall commit burglary as defined by the Penal Code of this State, and in the commission of the offense uses nitro-glycerine, dynamite, gunpowder or other high explosives, shall be deemed guilty of burglary with explosives.

SEC. 2. Any person who shall be convicted of burglary with explosives shall be punished by imprisonment in the State prison for not less than twenty-five years and not more than forty years.

SEC. 3. The fact that there is no adequate law concerning this character of crime, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read 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.

Approved April 16, 1907.

Takes effect ninety days after adjournment.

COUNTY SUPERINTENDENT OF PUBLIC INSTRUCTION— CREATING SAME.

H. B. No. 147.]

CHAPTER CXI.

An Act to amend Section 36, 37, and 40 of Chapter 124 of the Acts of the Regular Session of the Twenty-ninth Legislature, relating to county supervision of public schools.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Sections 36, 37, and 40, of Chapter 124 of the Acts of the Regular Session of the Twenty-ninth Legislature of the State of Texas, be so amended as to hereafter read as follows:

Sec. 36. The office of County Superintendent of public instruction is hereby created, and the commissioners' court of every county in the State having three thousand scholastic population as shown by the preceding scholastic census, shall provide for the election of a County Superintendent of public instruction at each general election, who shall be a person of educational attainments, good moral character, and executive ability, and who shall be provided by the Commissioners' Court with an office in the Court House, and with necessary office furniture and fixture. He shall be the holder of a teachers first grade certificate, or teachers permanent certificate and he shall hold his office for the term of two years, and until his successor is elected and qualified. Immediately after the passage of this Act, in every county that has three thousand scholastic population or more, the Commissioners' court shall appoint a County Superintendent of public instruction, with qualifications above described who shall perform the duties of such office until a

County Superintendent shall have been elected as hereinbefore provided, and shall have qualified; provided that in counties having less than three thousand scholastic population, whenever more than twenty-five per cent of the qualified voters of said county, as shown by the vote for Governor at the last general election, shall petition the Commissioners' Court therefor, the Commissioners' Court shall order an election for said county to determine whether or not the office of County Superintendent shall be created in said county, and if the majority of the qualified property tax paying voters, voting at said election shall vote for the creation of the office of County Superintendent in said County, Commissioners' Court, at its next regular term, after the holding of said election, shall create the office of County Superintendent, and name a county superintendent who shall qualify under this Act, and hold such. office until the next general election, and until his successor shall have been elected and qualified.

Sec. 37. The County Superintendent of public instruction shall have, under the direction of the State Superintendent of Public Instruction, the immediate supervision of all matters pertaining to public education in his county. He shall confer with the teachers and trustees and give them advice when needed, visit and examine schools, and deliver lectures that shall tend to create an interest in public education. He shall spend as much as four days in each week visiting the schools while they are in session, when it is possible for him to do. He shall have authority over all of the public schools within his county, except such of the independent school districts as have a scholastic population of five hundred or more. In such independent school districts as have less than five hundred scholastic population the reports of the principals and treasurers to the State Department of Education shall be approved by the County Superintendent before they are forwarded to the State Superintendent, and all appeals in such independent school districts shall lie to the County Superintendent, and from the decisions of the County Superintendent to the State Superintendent of Public Instruction and to the State Board of Education.

The County Superintendent shall organize and hold, with such assistance as may be necessary, within the first four months of the scholastic year, one institute of five consecutive days for white and for colored teachers, respectively, and he shall require the attendance of white teachers upon the institute for white teachers and the attendance of colored teachers upon the institute for colored teachers, provided that a failure to comply with these requirements shall be sufficient cause for his removal from office; provided further, that the County Superintendent of Public Instruction shall be authorized to cancel the certificate of any teacher who wilfully and persistently absents himself from attendance upon the county teachers' institute; provided, that the Board of School Trustees in any independent school district having five hundred or more scholastic population, may authorize the Superintendent or Principal to organize and hold institutes for the teachers of such district, in lieu of the County institute, and the work of the teachers in said city institutes shall be counted toward the extension of their certificates; provided, that the plan, scope and quality of the work of said City institutes shall be approved by the State Superintendent of Public Instruction.

Sec. 40. The County Superintendent of Public Instruction herein