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SEC. 131. The jurisdiction of the courts and boards established by this act shall be presumed, and the burden of proof shall rest on any person seeking to oust such courts or boards of jurisdiction in any action or proceeding.

SEC. 132. No action or proceeding shall be prosecuted or maintained against a member of the military forces of this State or officer or person acting under its authority or reviewing its proceedings on account of the approval or imposition or execution of any sentence, or the imposi tion or collection of any fine or penalty, or the execution of any warrant, writ, execution, process, or mandate of a military court.

SEC. 133. Any officer or member of the military forces of this State, who is indicted or sued for any injury to persons or property done while performing or endeavoring to perform any duty required of lim by this act, shall have the right, and it is hereby made the duty of the court in which such indictment or suit is pending, upon the application of the person so indicted or sued, to remove the venue of such cause to some court of competent jurisdiction in another county not subject to the same or some other disqualification; provided, such application is supported by the affidavit of two credible persons to the effect that they have good reason to believe that the defendant can not have a fair and impartial trial before such court.

SEC. 134. All laws and parts of laws in conflict with the provisions of this act are hereby repealed.

SEC. 135. The near approach of the end of the session and the immediate necessity of passing a law to promote the efficiency of the militia, 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 House of Representatives by the following vote, yeas 82, nays 20; it was referred to the Senate, where it was amended and passed, no vote given; the House of Representatives concurred in the Senate amendments, no vote given.]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 15th day of April, A. D. 1905, but was not signed by him nor returned to the house in which it originated with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.-O. K. SHANNON, Secretary of State.]

Takes effect 90 days after adjournment.

METERS ELECTRIC, WATER AND GAS-RELATING TO DIVERSION FROM.

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An Act to prevent the diversion of electric current, water or gas, from passing through any meter, and prevent any electric, water or gas meter by any manner or means from registering the full amount of current of electricity, water or gas, that passes through it, and to prevent the diversion from any wire of electricity, or pipe, or pipes of water, or gas, or use of any electric current, water or gas, of any person, corporation, or company engaged in the manufacture or distribution of electricity, water or gas, for lighting, power or other purposes; and to prevent the retaining of, or refusing to deliver any meters, lamps or other appliances which may have been loaned or supplied for furnishing electricity, water or gas; and to prescribe a penalty for the violation thereof. SECTION 1. Be it enacted by the Legislature of the State of Texas: That whoever intentionally by any means or device prevents electric current, water or gas from passing through any meter or meters belonging to a person, corporation, or company, engaged in the manufacture or sale of electricity, water or gas, for lighting, power or other purposes, furnished such person to register the current of electricity, water or gas, passing through meters; or intentionally. prevents a meter from duly registering the quantity of electricity, water or gas, supplied, or in any way interferes with its proper action or just registration, or without the consent of such person, corporation or company, intentionally diverts any electric current from any wire or water or gas from any pipe or pipes of such person, corporation or company, or otherwise, intentionally uses or causes to be used without the consent of such person, corporation or company, any electricity or gas manufactured, or water produced or distributed by such person, corporation or company; or any person, corporation or company who retains possession of or refuses to deliver any meter or meters, lamp or lamps, or other appliances which may be or may have been loaned them by any person, corporation or company for the purpose of furnishing electricity, water or gas, through the same, with the intent to defraud such person, corporation or company; or if any person, corporation or company engaged in the manufacture or sale of electricity, water or gas for lighting, power or other purposes shall knowingly misread any meter or overcharge any customer for such light, water or gas furnished, shall for every such offense be punished by a fine of not less than twenty-five dollars, and not more than one hundred dollars. Every person, firm or corporation engaged in the business referred to in this act shall keep displayed at all times, in a conspicuous place in their office, a printed copy of this act.

SEC. 2. Whereas the near approach of the end of the session, and the fact that there is now no adequate law on the subject matter of this bill creates an emergency and an imperative public necessity requiring the suspension of the constitutional rule requiring bills to be read on three several days, and it is so suspended.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 15th day of April, A. D. 1905, but was not signed by him nor returned to the house in which it originated with

his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.-O. K. SHANNON. Secretary of State.]

Takes effect 90 days after adjournment.

FRATERNAL BENEFICIARY SOCIETIES-RELATING TO RAILWAY ORDERS AND ASSOCIATIONS.

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An Act to amend "An Act to amend Section 16 of an Act to define and regulate fraternal benefit societies, orders or associations; to prescribe the terms and conditions on which such societies organized under the laws of other States, or those doing business in other States, may be permitted to do business in Texas, and to define the duties of the Commissioner of Insurance of this State in reference thereto; providing for the incorporation of such societies, and declaring an emergency," approved May 12, 1899, so as to exclude from the provisions of said Act the Brotherhood of Locomotive Firemen, Brotherhood of Locomotive Engineers, Brotherhood of Railway Trainmen, Order of Railway Conductors, Order of Railway Telegraphers, Switchmen's Union of North America, and Railway Mail Association.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Section 16 of an Act entitled "An Act to define and regulate fraternal benefit societies, orders or associations; to prescribe the terms and conditions on which such societies, organized under the laws of other States, or those doing business in other States, may be permitted to do business in Texas, and to define the duties of the Commissioner of Insurance of this State in reference thereto; providing for the incorporation of such societies, and declaring an emergency," approved May 12, 1899, be and the same is hereby so amended as to read as follows, towit: Section 16. The provisions of this Act shall not apply to nor include the Brotherhood of Locomotive Firemen, Brotherhood of Locomotive Engineers, Brotherhood of Railroad Trainmen, Order of Railway Conductors, Order of Railway Telegraphers, Switchmen's Union of North America, and Railway Mail Association.

SEC. 2. The importance of this measure, and the crowded condition of the calendar, creates an emergency and an imperative public necessity exists that the 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, no vote given; and passed the Senate by a two-thirds vote, yeas 29, nays 0.]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval, on the 15th day of April, A. D. 1905, but was not signed by him nor returned to the house in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature. O. K. SHANNON, Secretary of State.]

Takes effect 90 days after adjournment.

JURORS

RELATING TO THE QUALIFICATIONS OF.

S. B. No. 210.]

CHAPTER 107.

An act to amend subdivision 1 of Article 3139, Chapter one Title LXII, of the Revised Statutes of the State of Texas, relating to qualifications of jurors, and declaring an emergency.

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

SECTION 1. That subdivision 1 of Article 3139, Chapter 1, Title LXII be and the same is hereby amended so as to read as follows:

(1) He must be a citizen of the State and of the county in which he is to serve and qualified under the Constitution and laws to vote in said county; provided, that his failure to pay poll tax as required by law shall not be held to disqualify him for jury service in any instance. SECTION 2. The overcrowded condition of the court dockets in the largely populated counties of the State, and the fact that many of the citizens therein refuse to pay their poll taxes so as to exempt themselves from jury service, creates an emergency, and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and it is so done; and that this law shall take effect and be in force from and after its passage.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 21, nays 3; and passed the House of Representatives by the following vote, yeas 66, nays 25.]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 15th day of April, A. D. 1905, but was not signed by him nor returned to the house in which it originated with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature. O. K. SHANNON, Secretary of State.]

Takes effect 90 days after adjournment.

FEED STUFFS-DEFINING, AND REGULATING SALE OF. S. B. No. 159.]

CHAPTER 108.

An Act regulating the sale of concentrated commercial feeding stuffs and the materials from which they are manufactured, defining concentrated feeding stuffs, prohibiting their adulteration, providing for their correct weighing and making, and providing for the collection of samples, the expenses of the enforcement of the law, and fixing penalties for its violation.

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

SECTION 1. Every lot or parcel of concentrated feeding stuff, as defined in Section 3 of this Act, used for feeding farm live stock, sold, offered or exposed for sale in the State of Texas for use within this State, shall, in addition to the tax tag described in Section 5 of this Act, have affixed thereto in a conspicuous place on the outside thereof a plainly printed statement clearly and truly certifying the number of net pounds of feeding stuffs in the package, the name, brand or trade-mark under which the article is sold, the name and address of the manufacturer or importer, the place of manufacture, and a chemicle analysis stating the

percentage it contains of crude protein allowing one per cent of nitrogen to equal six and one-fourth per cent of protein and of crude fat. both constituents to be determined by the methods adopted at the time by the association of official agricultural chemists of the United States. Mill products hereinafter mentioned shall have the following standard of weights, viz: Flour, one hundred and ninety-six (196) pounds per barrel, or forty-eight (48) pounds per sack; corn meal, bolted or unbolted, thirty-five (35) pounds per sack; cotton seed meal, one hundred (100) pounds per sack. Cereals of any kind, whether pure mixed or adulterated, one hundred (100) pounds per sack. Fractional barrels and sacks shall weigh in the same proportion, and these weights shall be exclusive of the barrel in which the product is packed.

SECTION 2. The term concentrated commercial feeding stuffs, as herein used, shall not include hay or straw the whole seed or grains of wheat, rye, barley, oats, Indian corn, rice, buckwheat or broom corn, or any other whole or unground grains or seeds.

SECTION 3. The term concentrated feed stuffs, as herein used, shall include wheat bran, wheat shorts, linseed meals, cotton seed meals, pea meals, coaconut meals, gluten meals, gluten feeds, maize feeds, starch feed, sugar feeds, dried brewer's grains, malt sprouts, hominy feeds, cerealine feeds, rice meals, rice bean, rice polish, rice hulls, oat feeds, corn and oat chops, corn chops, ground beef, or mixed fish feeds, and all other materials of similar nature not included in Section 3 of this Act. SECTION 4. Before any concentrated feeding stuff as defined in Section 3 of this Act is so offered or exposed for sale, the importer, manufacturer or party who causes it to be sold or offered for sale within the State of Texas, for use within this State, shall, for each and every feed stuff bearing a distinguishing name and trade mark, file with the director of the Texas Agricultural Experiment Station a certified copy of the Statement named in Section 1 of this Act, and shall also deposit with said director a sealed glass jar or bottle, containing not less than one pound of the feeding stuff to be sold or offered for sale, accompanied by an affidavit that it is a fair average sample thereof and corresponds within reasonable limits to the feeding stuff which it represents in the percentage of protein and fat which it contains.

SECTION 5. The manufacturer, importer, agent or seller of each concentrated commercial feeding stuff as defined in Section 3 of this Act shall, before the article is offered for sale, pay to the director of the Texas Agricultural Experiment Station an inspection tax of twenty cents per ton for each ton of such concentrated feeding stuff sold or offered for sale in the State of Texas for use within this State and shall affix to each lot shipped in bulk, and to each bag, barrel or other package of such concentrated feed stuffs a tag to be furnished by said director stating that all charges specified in this section have been paid. The director of said Texas Agricultural Experiment Station is hereby empowered to prescribe the form of such tags and adopt such regulations as may be necessary for the enforcement of this law. Whenever the manufacturer or importer or shipper of a concentrated feeding stuff shall have filed the statement made in Section 1 of this Act and have paid the inspection tax, no agent or seller of said manufacturer, inspector or shipper shall be required to file such statement or pay such

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