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provided for shall receive from the available school fund of their respective counties annual salaries, as follows: In every county in Texas that has a scholastic population of two thousand or less, in which the office of County Superintendent has been created or may be created after this act shall have gone into effect, the County School Superintendent shall receive an annual salary of Nine Hundred Dollars; in every county in the State of Texas that has a scholastic population of not less than two thousand nor more than three thousand, the County School Superintendents shall receive an annual salary of eleven hundred dollars; in every county that has a scholastic population of not less than three thousand nor more than four thousand, the County School Superintendent shall receive an annual salary of thirteen hundred dollars; in every county that has a scholastic population of not less than four thousand nor more than five thousand, the County School Superintendent shall receive an annual salary of fourteen hundred dollars; in every county that has a scholastic population greater than five thousand, the County School Superintendent shall receive an annual salary of fifteen hundred dollars; provided, that the County Superindendent shall be allowed.any sum not to exceed one hundred dollars per year for stamps, stationery, expressage and printing, to be paid by the Commissioners' Court out of the County general fund. The compensation herein provided for shall be paid quarterly, by the County Treasurer on the order of the Commissioners' Court; provided, that the salary for the quarter ending on the second Monday in November shall not be paid until the County Superintendent presents a receipt from the State Superintendent of Public Instruction showing that he has made all reports required of him. Approved April 16, 1907.

Takes effect ninety days after adjournment.

TAXES PROVIDING OCCUPATION TAX ON DEALERS IN MALT LIQUORS.

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An Act to levy an occupation tax on all retail dealers in non-intoxicating malt liquors where such business is pursued in any county justice precinct, town, city or other subdivision of a county where the qualified voters thereof have by a majority vote determined that the sale of intoxicating liquors shall be prohibited therein; and also to levy an annual occupation tax on the business of selling or offering for sale any intoxicating liquor by soliciting orders there. for in any quantities whatever in any such county, justice precinct, town, city or other subdivision of a county where the qualified voters thereof have by a majority vote determined that the sale of intoxicating liquors shall be prohibited therein; also levying an annual occupation tax for the keeping, maintaining or operating of any "cold storage" or other such place, where intoxicating or non-intoxicating liquors or beverages are kept on deposit for others under any kind of bailment within the limits of any such local option territory, providing for the issuance of licenses and fixing penalties for the violation of this act and providing for injunction to prevent its violation, and declaring an emergency.

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

SECTION 1. In all counties, justices' precincts, towns, cities or other subdivisions of a county where the qualified voters thereof have, by a

majority vote, determined that the sale of intoxicating liquors shall be prohibited therein, there is hereby levied upon all firms, persons, associations of persons and corporations selling at retail non-intoxicating malt liquors, such as "uno," "Ino," "Frosty," "tin-top" and "teetotle" and all other such liquors an annual State tax of $2,000.00 and counties, also incorporated cities and towns where such sales are made. may each levy an annual tax of not exceeding $1,000.00 upen all such persons, firms or corporations; provided, that this Section shall not apply to regular druggists or pharmacists, who, as such, keep for sale as a part of a regular drug stock, such proprietary remedies as "malt extract," "malt medicine" and "malt and iron" used exclusively as medicine and not as a beverage.

In all counties, justices' precincts, towns, cities or other subdivisions of a county where the qualified voters thereof have by a majority vote determined that the sale of intoxicating liquors shall be prohibited therein, there is hereby levied upon all firms, persons, associations of persons and corporations that pursue the business of selling or offering for sale any intoxicating liquors by soliciting orders therefor in any quantities whatsoever, in any such county, justice precinct, town, city or other subdivision of a county, an annual State tax of $4,000.00, and each county, and also each incorporated city or town may levy an annual tax of not exceeding $2,000.00 in any such county or incorporated city or town where such business is pursued.

SEC. 3. In all counties, justices' precincts, towns, cities or other subdivision of a county where the qualified voters thereof have by a majority vote determined that the sale of intoxicating liquors shall be prohibited therein, there is hereby levied upon all firms, persons. associations of persons and corporations that pursue the business of keeping, running, maintaining or operating what is commonly known as a "cold storage" or any place by whatever name known or whether named or not, where intoxicating or non-intoxicating liquors or beverages are kept on deposit for others, or where any such liquors are kept for others. under any kind or character of bailment, an annual State tax of $2,000.00 and counties, also incorporated eities and towns, where such business is located, may each levy an annual tax of not exceeding $1,000.00 upon each such place so kept, run, maintained or operated.

SEC. 4. Each person and each firm and each corporation and each association of persons desiring to engage in the business mentioned in sections one, two or three of this Act in said local option territory before engaging in same shall file with the county clerk of the county in which the business is proposed to be pursued, an application in writing for a license to engage therein and shall state the county or portion of the county in which the business is to be pursued and if within the corporate limits of any incorporated city or town, that fact shall be so stated and any such person or firm or corporation or association of persons shall pay to the tax collector of the county the entire amount of annual tax levied for the State and the entire amount of, the annual tax upon such business as may be levied by the commissioners court of said county, and if the business if to be pursued in an incorporated city or town, shall pay to the collector of taxes of such city or town the tax that may be levied on such business by said city or town, and

all such taxes shall be paid in advance and no license shall be issued by the county clerk until the person or firm or corporation or association of persons applying therefor shall exhibit receipts showing the payment of all taxes levied and authorized by this Act and the county clerk shall be entitled to charge a fee of twenty-five cents for the issuance of such license.

SEC. 5. The county clerk shall be and is hereby required to make report of all licenses issued by authority of this Act as in other cases. SEC. 6. Any person or any member of a firm or any member of an association of persons or any officer or representative of a corporation who shall pursue or engage in or aid or assist in any manner in said business mentioned in sections one, two or three of this Act in said local option territory without there having been issued to said person or firm or association of persons or corporation license therefor as provided for in this Act shall each be guilty of a misdemeanor and on conviction therefor shall be fined in any sum not less than the amount of the tax due and not more than double that sum and shall in addition be imprisoned in the county jail not less than ninety days nor more than six months.

SEC. 7. The actual threatened or contemplated pursuit of any such business mentioned in sections one, two or three of this Act in said local option territory by any person or firm or association of persons or corporation without there having first been procured a license therefor as provided in this Act shall be enjoined at the suit of the State at the instigation of either the county or district attorney or at the suit of any individual citizen of the county where the business is or is about to be pursued, and it shall not be necessary for any citizen to show that he has any pecuniary interest involved and the State shall not be required to give security for cost and all the rules of evidence, practice and procedure that pertain to courts of equity generally, or that exist by virtue of any law of this State may be invoked and applied in any injunction proceeding instituted hereunder.

SEC. 8. The crowded condition of the calendars of both houses and the lateness in the session of the Legislature and the importance of this measure to the local option districts of this State create 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 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.

VENIREMEN-PROVIDING FOR THEIR COMPENSATION.

H. B. No. 95.]

CHAPTER CXIII.

An Act to pay special veniremen.

SECTION 1. Be it enacted by the Legislature of the State of Teras: That all men summoned on a special venire and who shall have been

challenged or excused from service on the trial, and who reside more than one mile distant from the court house of the county, shall be paid out of the jury fund one dollar for each day that he attends court on said summons provided further no person shall receive pay as a special venireman and regular juror for the same day; provided that no per diem shall in any event be allowed any venireman under this act who resides within the corporate limits of the county seat if incorporated nor shall any per diem be allowed any venireman for more than one case the same day.

SEC. 2. The near approach of the end of the session and the crowded condition of the calendar creates an emergency and an imperative public necessity demanding the suspension of the constitutional rule requiring bills to be read upon three several days, and that this act be in force and take effect from and after its passage, and it is so enacted.

Approved April 16, 1907.

Takes effect ninety days after adjournment.

EXAMINING TRIALS-AUTHORIZING JUSTICES OF THE PEACE AND CONSTABLES TO COLLECT FEES.

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An Act to authorize justices of the peace and constables to charge and collect fees in examining trials in misdemeanor cases, and declaring an emergency.

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

SECTION 1. That in all cases where justices of the peace shall sit as an examining court in misdemeanor cases they shall be entitled to the same fees allowed by law for similar services in the trial of misdemeanor cases to justices of the peace, to be paid by the defendant in case of final conviction; provided he shall never receive more than three dollars in any one case.

SEC. 2. Sheriffs and constables serving process and attending any examining court in the examination of any misdemeanor case shall be entitled to such fees as are allowed by law for similar services in the trial of misdemeanor cases, to be paid by the defendant in case of final conviction, provided he shall never receive more than three dollars in any one case.

SEC. 3. The fact that there is now no law authorizing justices of the peace, sheriffs and constables to charge and collect fees in misdemeanor cases in examining trials 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.

Approved April 16, 1907.

Takes effect ninety days after adjournment.

JURORS--PROVIDING FOR THE FILING OF LEGAL

H. B. No. 133.]

EXEMPTIONS.

CHAPTER CXV.

An Act to allow persons summoned as jurors who have legal exemptions to make an oath and file same with the clerk of the court issuing same.

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

SECTION 1. That all persons summoned as jurors in any court of this State, who are exempt by statutory law from jury service, may hereafter, if they so desire to claim their exemptions, make oath before any officer authorized by law to administer oaths, or before the officers summoning such person, stating their exemptions and file said affidavit at any time before the convening of said court with the clerk of said court, which shall constitute sufficient excuse without appearing in

person.

SEC. 2. The fact that there exists no adequate law on this subject creates a public necessity and an emergency requiring the suspension of the constitutional rule requiring bills to be read on three several days, and the 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.

INTOXICATING LIQUORS—PROHIBITING THE GIVING OF SAME TO MINORS.

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An Act to prohibit the selling, giving or delivery of any spirituous, vinous or intoxicating liquors to any person under the age of twenty-one years without the written consent of the parent or guardian of such minor or some one standing in their place or stead, and to prohibit the causing of or being interested in any such sale, gift or delivery, and to prohibit the agents of any express company or common carrier from knowingly making such sale, gift or delivery or causing the same to be done or being interested therein, and providing penalties therefor.

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

SECTION 1. That any person who shall knowingly sell or give or deliver, or cause to be sold, given or delivered or be in any way interested in the sale, gift or delivery of any spirituous, vinous or intoxicating liquors to any person under the age of twenty-one years without the written consent of the parent or guardian of such person who is under the age of twenty-one years, or some one standing in their place or stead, shall be guilty of a misdemeanor and shall be fined therefor not less than twenty-five nor more than one hundred dollars; and any person who is agent for or employed by any express company or other common carrier, or who, as agent for or employee of any other person, firm or corporation, knowingly delivers or causes to be delivered any spirituous; vinous or intoxicating liquors to any other person under the age of

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