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plants or other nursery stock therein contained appear to be free from all injurious insects or diseases.

SEC. 3. Whenever any nursery stock is shipped into this State without such certificate, the fact shall be reported to said Commissioner within twenty-four hours by the railroad, express or other transportation company or other person or persons carrying the same; and any agent of any such railroad, express or other transportation company or any person or persons who shall violate the provisions of this article shall be punished by a fine of not less than fifty nor more than two hundred dollars for each offense. The consignee or person receiving such stock shall before selling, using or disposing of same fumigate such stock in accordance with the rules of said Commissioner, with hydrocyanic gas, or procure a certificate from said Commissioner that he has examined such stock and found the same to be apparently free from San Jose scale and other insect pests, and from all dangerously infectious diseases; and any one violating the provisions of this section shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars. The words "nursery stock" wherever used in this article shall apply to and include all trees, shrubs, plants or buds grown for nursery, basket or other commercial purposes, or cuttings, whether grown in a nursery or elsewhere, so far as it relates to fumigation. The provisions of this and the preceding section shall not apply to florists, greenhouse plants, flowers or cuttings commonly known as greenhouse stock.

SEC. 4. Should any trees, shrubs, plants or other nursery stock be shipped into this State under the certificate required in Section 2 of this act without being first fumigated as required therein, or without having been inspected as required in Section 2, or should it be made to appear that any such certificate is false and that the nursery stock to which it relates is not free from insect pests or dangerous contagious diseases, such certificate shall be disregarded, and such trees, shrubs, plants or nursery stock shall be held to have been shipped without such certificate as far as their sale, use or disposition is concerned, and said Commissioner shall when deemed necessary, cause any trees, shrubs, plants or other nursery stock shipped into this State from without the State to be examined, and where necessary, have such trees fumigated or destroyed; and when it comes to the knowledge of said Commissioner that any person, firm or corporation is shipping into this State, or is about to ship. any trees, plants, shrubs, or other nursery stock under a false certificate, such Commissioner shall forbid such shipments and give warning to the public of same.

SEC. 5. The Commissioner of Agriculture, Insurance, Statistics and History shall make such rules and regulations as may be deemed proper, for carrying into effect this act, not inconsistent with same, and for the inspection of nurseries, and may call into service the State entomologist when not otherwise engaged, and also such other person or persons as may be necessary, and he shall fix and collect any reasonable fees for inspecting nurseries to be paid by the person or persons for whom such inspection is made.

SEC. 6. If said Commissioner or any of his agents or employes give a false certificate, or a certificate without an actual examination of the

nursery stock for which such certificate is given, to any owner, proprietor or lessee of any nursery or to any other person for use under the provisions of this Chapter, he shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars for each offense.

SEC. 7. That the sum of one thousand dollars or so much thereof as may be necessary is hereby appropriated out of any funds in the State treasury not otherwise appropriated to carry out the provisions of this

act.

SEC. 8. The fact that there is no law in this State to prevent the introduction, dissemination and spread of San Jose scale, and other dangerous insect pests and contagious dangerous diseases, and that the fruit industry, one of the most important in this State, is seriously menaced and threatened with irreparable loss and injury, creates an emergency and an imperative public necessity requiring the constitutional rule requiring bills to be read on three several days be suspended, and is hereby 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 77, nays 21; 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.

IRRIGATION DISTRICTS-PROVIDING FOR ORGANIZATION AND GOVERNMENT OF.

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An Act to provide for the organization and government of irrigation districts, and to provide for the acquisition or construction thereby of works for the irrigation of the lands embraced within such districts, and to issue bonds in payment therefor, as authorized under the Constitution; and also to provide for the distribution of water for irrigation purposes, and to furnish water for mechanical purposes; and granting to such irrigation districts the right of eminent domain.

SECTION 1. Be it enacted by the Legislature of the State of Texas: A majority in numbers of the holders of title, or evidence of title, to lands susceptible of irrigation from a common source, and by the same system of works, such holders of title, or evidence of title, representing a majority in value of said land, according to the county assessment roll or rolls for the year last preceding, may propose the organization of an irrigation district under the provisions of this Act.

In order to propose the organization of an irrigation district a petition shall be presented to the commissioners court of the county

in which the lands within the proposed district, or the greater portion thereof, are situated, signed by the required number of holders of title, or evidence of title, to lands within such proposed district, and representing the requisite majority in value of said lands, which petition shall set forth the boundaries of the proposed district, and shall state generally the source from which said lands are proposed to be irrigated, and the character of the works proposed to be acquired or constructed for irrigation purposes, and shall pray that the territory embraced within the boundaries of the proposed district may be organized as an irrigation district under the provisions of this Act. The petition must be accompanied with a good and sufficient undertaking, to be approved by the county commissioners court, in double the amount of the probable cost of organizing such district, conditioned that the sureties shall pay all of said costs, in case said organization shall not be effected. Said petition shall be presented at a regular meeting of said commissioners court, and shall be published for at least two weeks before the time at which the same is to be presented, in some newspaper of general circulation printed and published in the county where said petition is presented, together with the notice stating the time of the meeting at which the same will be presented; and if any portion of the lands within said district lie within another county or counties, then said petition and notice shall be published, as above provided, in a newspaper published in each of said counties. When such petition is presented, said commissioners court shall hear the same, and may adjourn such hearing from time to time, not exceeding four weeks in all. And on final hearing, said commissioners court shall make such changes in the proposed boundaries as may be deeded advisable, and shall define and establish such boundaries. But said commissioners court shall not modify said boundaries so as to exclude from such proposed district any territory which is susceptible of irrigation from a common source, and by the same system of works applicable to the other lands in such proposed district; nor shall any lands which will not, in the judgment of the commissioners court, be benefited by irrigation, by the same system of works, be included within such proposed district. Any person whose lands are susceptible of irrigation, from the same source and system of works, may, upon his application, in the discretion of said commissioners court, have such lands included within said proposed district.

SEC. 3. Upon such hearing of said petition, the commissioners court shall determine whether or not said petition complies with the requirements of Sections 1 and 2 in this Act, and for that purpose must hear all competent and relevant testimony offered in support or in opposition thereto. Such determination shall be entered upon the minutes of said commissioners court.

SEC. 4. The right of appeal from said order to the district court of the county where said petition is heard, is hereby given to any person interested who is a party to the record; provided, that if more than one appeal be taken, they shall be consolidated and tried together. Such appeal shall be taken within ten days after the entry of such order upon the minutes of the commissioners court. Upon the appeal, the district court may make and enter its judgment affirming, modifying or reversing the order appealed from. Within ten days thereafter, the district

court must cause its decree to issue to said commissioners court, and if said order of the commissioners court is modified or reversed, the judgment of the district court and its decree shall direct the commissioners court what order it shall enter. Such decree shall be filed by the clerk of the commissioners court, and at the first regular meeting of the commissioners court thereafter, it shall cause to be entered in its minutes the order as directed by said district court. The appeal herein provided for shall be heard and determined at the first regular term of the district after the filing of the notice of appeal.

SEC. 5. If, on said final hearing, the boundaries of the proposed district are defined and established, said commissioners court shall make an order dividing said district into five divisions, as nearly equal in size as may be practicable, which shall be numbered first, second, third, fourth and fifth, and one director shall be elected for each division by the electors thereof; provided, that if so requested in said petition, the commissioners court may order that there be only three divisions in said district, and that only three directors be elected, or that they be elected for the district at large.

ELECTION ON ORGANIZATION.

SEC. 6. Said Commissioners Court shall then give notice of an election to be held in such proposed district, for the purpose of determining whether or not the same shall be organized under the provision of this Act. Such notice shall describe the boundaries so established and shall designate a name for the proposed district, and said notice shall be published for at least three weeks previous to such election in a newspaper published within the county in which the petition for the organization for the proposed district was presented; and if any portion of such proposed district is within another county or counties, then such notice shall be published for the same length of time in a newspaper published in each of said counties. Such notice shall require the electors to cast ballots, which shall contain the words, "Irrigation District, Yes," or "Irrigation District, No," signed by the voter, or words equivalent thereto, and also the names of persons to be voted for at said election. For the purposes of said election, the Commissioners Court must establish a convenient number of election precincts in said proposed district, and define the boundaries of the same. Such election shall be conducted as nearly as practicable in accordance with the general election laws of the State, but no particular form of ballot shall be required.

SEC. 7. At such election there shall be elected a board of directors, and an assessor, tax collector and treasurer; provided, that where a consolidation of offices as hereinafter provided for is deemed advisable in the organization of the district, the petitioners may request in their petition to organization, such consolidation, and the Commissioners Court calling the election, shall in its order therefor announce such consolidation, and then only one person shall be elected to fill the several offices so consolidated.

SEC. 8. No person shall be entitled to vote at any election held under the provisions of this Act unless he possesses all the qualifications required of electors under the general election laws of this State and must be a resident property tax payer in the district.

SEC. 9. The Commissioners Court shall meet on the second Monday succeeding such election, and shall proceed to canvass the votes cast thereat, and if upon such canvass it appears that at least two-thirds of all the votes cast are "Irrigation District, Yes," said Commissioners. Court shall, by an order entered on its minutes, declare the territory duly organized as an irrigation district, under the name theretofore designated, and shall declare the persons receiving respectively the highest number of votes at said election to be duly elected.

SEC. 10. Said Commissioners Court shall then cause a copy of such order, duly certified, to be immediately filed for record in the office of the county clerk of any county in which any portion of the land embraced in such district is situated, and must also immediately forward a copy thereof to the commissioners court of each of said last mentioned counties, and no commissioners court of any county in which any portion of the lands embraced in such districts are situated, shall, after the date of the organization thereof, allow another district to be formed, including any portion of said lands, without the consent of the board of directors of the district in which they are situated. From and after such filing, the organization of such district shall be complete.

SEC. 11. Such election on organization may be contested by any person owning property within the proposed district liable to assessment. The directors elected at such election shall be made parties defendant. Such contest shall be brought in the district court of the county where the petition for organization is filed; provided, that if more than one contest be pending, they shall be consolidated and tried together. The court having jurisdiction shall speedily try such contest, and determine upon the hearing whether the election was fairly conducted, and in substantial compliance with the requirements of this Act, and enter its judgment accordingly. Such contest must be brought within twenty days after the canvass of the vote and declaration of the result by the commissioners court. The right of appeal is hereby given to either party to the record as in other cases tried before the district court.

SEC. 12. The officers elected at the election hereinbefore provided for shall immediately enter upon their duties as such, upon qualifying in the manner for such officers herein provided. Said officers shall hold office respectively until their successors are elected and qualified.

DUTIES AND POWERS OF THE BOARD OF DIRECTORS.

SEC. 13. The directors of any district created after the passage of this Act, on the first Tuesday after their election, after they shall have qualified, shall meet and classify themselves by lot into two classes, as nearly equal in number as possible, and the term of office of the class having the greater number shall expire at the next general February election in this Act provided for; and the term of office of the class having the lesser number shall terminate at the next general February election thereafter. After such classification, said directors shall organize as a board, shall elect a president from their number, and appoint a secretary, who shall each hold office during the pleasure of the board. The salary of the secretary and the amount of the bond to be given by him for the faithful performance of his duties shall be fixed by the board of directors.

SEC. 14. The board of directors shall hold a regular monthly meet

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