and be served by any proper officer, requiring the person, firm or corporation having possession of such books or papers to permit the inspection by the Comptroller or by the Revenue Agent of the State of Texas, or so much thereof as may be specially named in such writ, and being only such books and papers or so much thereof as may contain the evidence tending to show the unlawful omission complained of in said affidavit, and the court or the judge thereof in vacation, issuing such writ shall for the purpose of enforcing obedience thereto possess and exercise all the powers usually possessed and exercised by it or him in contempt proceedings. All costs incurred on account of the filing of any affidavit of the issuance of the writ thereon and of the service of such writ, shall be charged against the State of Texas; provided, however, if as a result of such proceedings it is found that such designated person, firm or corporation has unlawfully omitted from the report required herein any statement or statements, then the State shall recover the costs from such person, firm or corporation. SEC. 17. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. SEC. 18. There now being a deficit in the public revenues of the State, an imperative public necessity and an emergency exists requiring that the constitutional rule requiring all 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 a two-thirds vote, yeas 91, nays 9; it was referred to the Senate where it was amended and passed by a two-thirds vote, yeas 27, nays 0. The House of Representatives refused to concur in the Senate amendments and asked for a free conference committee; the report of the free conference committee was adopted by the House of Representatives by a two-thirds vote, yeas 94, nays 6; and the report of the free conference committee was adopted by the Senate by a two-thirds vote, yeas 28, nays 1.] Approved April 17, 1905. Became a law April 17, 1905. COUNTY TREASURERS-REQUIRED TO FURNISH DETAILED STATEMENT TO COMMISSIONERS S. B. No. 164.] COURT UPON DEMAND. CHAPTER 149. An Act to amend Article 278, Chapter 6, Title 8, of the Penal Code of the State of Texas. Be it enacted by the Legislature of the State of Texas: SECTION 1. That Article 278, Chapter 6, Title 8, of the Penal Code of the State of Texas, be so amended as to read as follows: Art. 278. If any county treasurer in this State shall fail, neglect or refuse to furnish to the commissioners court of his county, upon demand, a detailed statement of the amount of county funds, including permanent and available county school funds, received by him from any given time, and when and from whom received, the amount of each fund on hand, the amount paid out, when and to whom paid, on what account, and the kinds of funds received and disbursed; or shall fail, neglect or refuse to exhibit to said commissioners court upon demand, all his books and accounts from any given time, together with all vouchers relating to the same, for the inspection and auditing by said court; or shall fail, neglect or refuse to forthwith produce to said commissioners court, upon demand, all cash and other assets in his hands belonging to his county, to be counted by said commissioners court, he shall be fined in any sum not less than one hundred dollars, nor more than five hundred dollars, and, in addition thereto, he may be punished for contempt by said commissioners court. SEC. 2. The fact that the present law is insufficient 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 be put on its third reading and final passage, and it is so 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 25, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 91, nays 4.] Approved April 18, 1905. Became a law April 18, 1905. MALPRACTICE-PROHIBITING SAME. S. B. No. 165.] CHAPTER 150. An Act to prohibit malpractice and frauds in the practice of medicine and surgery, and to revoke license. Be it enacted by the Legislature of the State of Texas: SECTION 1. Any physician or person who is engaged in the practice of medicine, surgery, osteopathy, or who belongs to any other school of medicine, whether they use the medicines in their practice or not, who shall be guilty of any fraudulent or dishonorable conduct, or of any malpractice, or shall, by any untrue or fraudulent statement or representation, made as such physician or person to a patient or other person being treated by such physician or person, procure and withhold or cause to be withheld from another any money, negotiable note, or thing of value, may be suspended in his right to practice medicine, or his license may be revoked by the District Court of the county in which such physician or person resides, or of the county where such conduct or malpractice or false representations occurred, in the manner and form as is provided for revoking or suspending license of attorneys at law in this State. SECTION 2. There being no adequate law on this subject creates an emergency and imperative public necessity requiring the constitutional rule which requires bills to be read on three several days in each house, and said rule 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 Senate by a two-thirds vote, yeas 23, nays 0; and passed the House of Representatives by the following vote, yeas 82, nays 5.] Approved April 18, 1905. Takes effect 90 days after adjournment. SURVEYORS, COUNTY AND DISTRICT-RELATING TO FILLING VACANCIES. An Act to amend Article 4070 of the Revised Statutes of 1895, relating to the filling of vacancies in the office of county and district surveyor in this State, and to add the emergency clause. Be it enacted by the Legislature of the State of Texas: That Article 4070 of the Revised Statutes of 1895, be so amended as to hereafter read as follows: Article 4070 (3836). "Whenever there shall be a vacancy in the office of county or district surveyor in any of the counties, it shall be the duty of the county commissioners' court of the county in which such vacancy occurs to fill by appointment such vacancy, such appointment to continue in force until the next general election. In the event such commissioners court shall fail to appoint a person to fill such vacancy, or if they shall appoint a person to fill same and he shall fail to qualify and act as such surveyor, then any county or district surveyor of the nearest county or district to such county, who may be accessable and willing to act, shall be authorized to do surveying in such county, and for his services he shall be entitled to receive the same fees and compensation as are now provided by law for county and district surveyors, and such surveyor shall be subject to the same law as is now applicable to county and district surveyors for the faithful performance of their duties. In making a survey under the provisions hereof said surveyor shall make out and return said field notes in the manner and form as required under Article 4144, of the Revised Statutes of 1895, but he shall sign the field notes, officially, as the surveyor of his own county or district, and also cause to be attached to said field notes, so made by him, a certificate of the county clerk of proper county to the fact that there is no qualified surveyor of such county. From the fact that there are many counties in this State without qualified surveyors, and from the fact that in many of such counties field notes are required to be made and others to be corrected before the present owners of such lands can secure patents thereupon, as well as surveys to be made and field notes to be corrected for other purposes, an emergency and public necessity is created requiring the suspension of the constitutional rule that all bills shall be read on three several days in each house of the Legislature, 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 by a two-thirds vote, yeas 27, nays 0; and passed the House of Representatives by the following vote, yeas 84, nays 4.] Approved April 18, 1905. Takes effect 90 days after adjournment. MERCHANDISE CHECKS-PROHIBITING ISSUANCE OF TO H. B. No. 193.] EMPLOYES. CHAPTER 152. An Act to amend an act passed at the regular session of the Twenty-seventh Legislature of the State of Texas, Chapter 112, entitled "An Act to forbid the issuance of merchandise checks to employes, and to repeal all laws and parts of laws in conflict therewith." SECTION 1. Be it enacted by the Legislature of the State of Texas: That Chapter 112, acts of regular session of the Twenty-seventh Legislature of the State of Texas be, and the same is hereby amended to read as follows: Sec. 1. That it shall be unlawful for any person, firm, association of persons, corporation, or agent of either, to issue any ticket, check or writing obligatory to any servant or employe for labor performed, redeemable or payable in goods or merchandise. SEC. 2. Any person or the agent of any person, firm, association of peisons or corporation, who shall violate any provisions in the foregoing section, shall be deemed guilty of a misdemeanor, and on conviction, shall be punish ed by a fine of not less than five nor more than one hundred dollars, or by imprisonment in the county jail for a period of not less than five nor more than sixty days, or both. SEC. 3. All laws and parts of laws in conflict with this act be and the same are hereby repealed. SEC. 4. The fact that there are no adequate laws to protect laborers from the imposition of their employers, creates an emergency and an imperative public necessity exists 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 70, nays 27; and passed the Senate by a two-thirds vote, yeas 25, nays 0.] Approved April 18, 1905. Takes effect 90 days after adjournment. GAMING-PROHIBITING, BY INJUNCTION, THE USE OR CONTEMPLATED USE OF ANY PREMISES S. B. No. 176.] FOR THE PURPOSE OF. CHAPTER 153. An Act to prevent by means of the writ of injunction at the suit of the State or any citizen thereof the habitual use, actual, contemplated or threatened, of any premises, place, building, or part thereof, for the purpose of gaming or of keeping or exhibiting games prohibited by the laws of this State. Be it enacted by the Legislature of the State of Texas: SECTION 1. The habitual use, actual, threatened or contemplated use of any premises, place, building, or part thereof, for the purpose of gaming or of keeping or exhibiting games prohibited by the laws of this State, shall be enjoined at the suit either of the State or of any citizen thereof. Any person who may so use, or who may be about to use, or who may aid or abet, any other person in the use of any premises, place or building, or part thereof, may be made a party defendant in such suit. SEC. 2. The Attorney-General and the several district and county. attorneys shall institute and prosecute all suits that said AttorneyGeneral or such district or county attorney may deem necessary to enjoin such use; provided, that such suit may be brought and prosecuted by any one of said officers; and provided further, that nothing in the above proviso contained shall prevent such injunction from issuing at the suit of any citizen of this State who may sue in his own name, and such citizen shall not be required to show that he is personally injured by the acts complained of. SEC. 3. The procedure in all cases brought hereunder shall be the same as in other suits for injunction, as near as may be; provided, that when the suit is brought in the name of the State by any of the officers aforesaid, the petition for injunction need not be verified. SEC. 4. The fact that there is no adequate remedy to suppress gaming houses in this State 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 passed the House of Representatives by a two-thirds vote, yeas 89, nays 2.] Approved April 19, 1905. Became a law April 19, 1905. INSURANCE COMPANIES-PROVIDING FOR LEVYING AND COLLECTING TAXES ON THE GROSS RECEIPTS OF. An Act to amend Article 5243e of an act entitled "An Act to amend Articles 5243e, 52431, 5243j and 5243k, of Chapter 9, Title 104, of the Revised Civil Statutes, relating to the taxation of insurance, telephone, sleeping and dining car and other corporations, and to provide for forfeiting the charter of domestic corporations, and permits of foreign corporations to do business in this State for failure to pay the franchise tax levied by this Act, and to define and prescribe the notice to be given to said corporations previous to such forfeiture; and to provide adequate penalties for the violation of this Act," passed and enacted by the Twenty-fifth Legislature of the State of Texas, and approved April 30th, 1897. SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 5243e of an act entitled "An Act to amend Articles 5243e, 52431, 5243j and 5243k of Chapter 9, Title 104, of the Revised Civil Statutes, relating to the taxation of insurance, telephone, sleeping and dining car and other corporations, and to provide for forfeiting the charters of domestic corporations, and permits of foreign corporations to do business in this State, for failure to pay the franchise tax levied by this |