MINERALS AND TIMBER-TAKEN FROM SCHOOL, UNIVERSITY, ASYLUM AND OTHER PUBLIC LANDS—

H. B. No. 190.]

AUTHORIZING SUIT FOR.

CHAPTER 32.

An Act to authorize and require the Attorney-General to bring suits for the value of all minerals or other property of value taken therefrom, and for all timber destroyed, used and otherwise appropriated by persons and corporations on public free school, university, asylum and other public lands of the State; to fix the venue of said suits; to require the Commissioner of the General Land Office and county attorneys to report to the Attorney-General, and to fix compensation of said officers for said services.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That after the passage of this Act it shall be the duty of the AttorneyGeneral of the State of Texas to bring suit against every person, firm, association of persons or corporations for the value of all minerals or other property of value taken therefrom, and for all timber which has been or may hereafter be cut, destroyed, sold, used or otherwise appropriated by them off of any public free school, university, asylum or other public lands.

SEC. 2. That the venue of said suits shall be in any county in Texas, or in the county where the injury occurs, or a part thereof, or in the county of the residence of the defendant, at the discretion of the Attorney-General.

SEC. 3. That it shall be the duty of the Commissioner of the General Land Office and the county attorneys of the State to report to the Attorney-General semi-annually, or oftener, if they desire, the names and residence of every person, firm, association of persons, or corporations who have cut, used, destroyed, sold or otherwise appropriated any timber on the aforesaid lands, or taken any minerals or other property of value therefrom, and such other data and evidence as shall come to their knowledge.

SEC. 4. That the Attorney-General shall have power by and with the consent of the Governor to compromise and settle with or without suit any of the aforesaid liabilities.

SEC. 5. That whatever sums are collected or received by the Attorney-General shall be turned over by him to the permanent funds to which they belong.

SEC. 6. As compensation for said services the Attorney-General and county attorneys shall receive the following compensation, respectively, to be paid by the defendant as part of the costs to be taxed against the defendant, to wit: The Attorney-General, ten per cent; the county attorney, five per cent of the amount recovered if recovered by suit, and if recovered by compromise then said officers shall receive one-half of the above amounts, respectively; provided, that the county attorneys shall receive compensation only from cases reported by them to the Attorney-General. It shall be the duty of county attorneys to assist the Attorney-General in whatever way he may be requested in relation to such cases.

SEC. 7. The fact that a great many persons and corporations are cutting, using, destroying and appropriating much valuable timber off the lands belonging to the State of Texas, and taking minerals and

other property of value therefrom, and the fact that there is not now any adequate provisions authorizing suit to be brought, 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 a two-thirds vote, yeas 101, nays 0; and was referred to the Senate where it was amended and passed by a two-thirds vote, yeas 26, nays 0; Senate amendments concurred in by the House of Representatives by the following vote, yeas 75, nays 13.]

Approved March 22, 1905.

Takes effect 90 days after adjournment.

CORPORATIONS-REQUIRING ANNUAL REPORTS FROM. CHAPTER 33.

S. S. B. No. 12.]

An Act to compel all corporations in this State, owning, leasing or operating in cities or towns of over twenty-five hundred population, street railways, electric lighting, or power plants furnishing light and power to the public, gas plant furnishing gas to the public, and sewerage company, or water plant furnishing water to the public, to file annual reports and providing penalties for the violation of the provisions of this Act.

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

SECTION 1. Every corporation within this State owning, leasing or operating in this State in cities or towns of over twenty five hundred population according, to the last official census of the United States, a street railway, electric lighting, or power plant furnishing light or power to the public, gas plant furnishing gas to the public, water plant furnishing water to the public, and sewerage company furnishing sewerage to the public, shall annually on or before the first day of March of each year file a report with the Secretary of State upon blank forms to be furnished by the Secretary of State showing the following facts:

First. The authorized capital stock of such corporation, the amount of such stock that has actually been issued and how much of such stock actually issued is common and how much preferred and how much is due upon unpaid stock.

Second. The bonded indebtedness of such corporation and how many bonds have been actually sold, the rate of interest upon such bonds and when such bonds mature and the price at which such bonds were sold.

Third. Any other fixed lien or mortgage upon such property, and the amount thereof.

Fourth. The floating indebtedness of such corporation including all bills payable of whatever nature.

Fifth. The value of the visible tangible property of such corporation. giving separate values of lands, machinery, buildings, tracks, and equipment and in gross all bills receivable and cash on hand.

Sixth. The annual cost of operating such corporation showing under

separate items, (a) Amount paid for salaries; (b) Amount paid for labor; (c) Fixed charges including interest taxes and insurance giving each separately; (d) Amount paid for fuel; (e) Amount paid for extensions, repairs and maintenance giving each separately; (f) Amount paid for claims or suits for damages; (g) Amount paid for miscellaneous expenses.

Seventh. The annual gross earnings of such corporation including revenues from every source showing by separate items amount received by departments such as amount received for light, amount received for sewerage, for power, water, gas, amount received for street railway fares and tickets.

SECTION 2. The corporations mentioned in section one hereof shall also make to the Secretary of State upon blanks to be furnished by him reports as to the price charged the public for sewerage, gas, water, light, power and the price charged per passenger upon street railways and if any such corporations have contracts with cities or towns for furnishing water or light, then the amount of such charge.

SECTION 3. The reports provided for in sections one and two of this act shall be under oath and shall be made by any officer of the corporation having knowledge of the facts or its general manager or superintendent.

SECTION 4. A true copy of the reports required by the provisions of this act sworn to as provided shall be filed annually on or before the first day of March of each year with the Mayor of the city or town where the corporation has its principal place of business and there shall also be filed at the same time a true copy of said reports with the clerk of the county court of the county in which such corporation has its principal place of business and by said clerk delivered to the Commissioner's Court and such reports shall be recorded in a properly indexed book to be kept for that purpose and open to the inspection of the public at all times.

SECTION 5. Any such corporation as described in section 1 of this Act which shall for thirty days willfully fail or refuse to file the reports in the manner provided by this Act shall forfeit and pay to the State $100, for each and every day during which it shall continue in default, which shall be recovered by suit in a court of competent jurisdiction by the Attorney General of the State of Texas.

SECTION 6. The fact that there is now no law providing for securing data and statistics concerning corporations owning and operating gas, water, electric light and street railways in this State creates an emergency and an imperative public necessity requiring that the constitutional rule which provides that all bills shall be read on three several days be suspended and such rule is hereby suspended and it is so enacted.

[NOTE. The enrolled bill shows that this act passed the Senate by a two-thirds vote, yeas 27, nays 1; and passed the House of Representatives by the following vote: yeas 68, nays 27.]

Approved March 22, 1905.

Takes effect 90 days after adjournment.

LANCASTER INDEPENDENT SCHOOL DISTRICT-AUTHORIZING INCORPORATION OF.

An act to authorize, enable and permit the territory situated within the bounds of the City of Lancaster, in the County of Dallas, and State of Texas, and other land and territory adjacent thereto, to incorporate as an independent school district for free school purposes only, to be known as the "Lancaster Independent School District," with all the powers, rights, and duties of independent school districts formed by incorporation of towns and villages for free school purposes only.

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

SECTION 1. That the territory situated within the bounds of the City of Lancaster, County of Dallas, and State of Texas, incorporated for municipal purposes under the General Laws of this State, as a city of one thousand inhabitants and over, and other land and territory adjacent thereto, as hereinafter described and bounded, is hereby authorized, enabled and permitted to incorporate as an independent school district for public free school purposes only, under the name of the "Lancaster Independent School District," in the manner in this Act provided.

SECTION 2. The territory hereby created into said independent school district is hereby described and bounded as follows:

Beginning at the N. W. corner of the A. Bledsoe survey, the same being the S. E. corner of the W. Fleming survey, also the S. W. corner of the Peter Hall survey, thence N. with the W. line of the said Hall survey to an inside corner of the same, being also the most southerly N. E. corner of said Fleming survey; thence W. with the N. line of said Fleming survey to the S. E. corner of the M. A. McBrayer survey; Thence N. 30° W. with the N. E. line of said McBrayer survey, the same being the S. W. line of said Hall survey to the N. corner of the said McBrayer survey, the same being the N. W. corner of said Hall survey; Thence N. 60° E. with the N. W. line of said Hall survey, passing its N. E. corner, also N. W. corner of John Hall survey, continuing on N. 60° E. with said John Hall N. W. line, passing his north corner, the same being the W. corner of J. H. Holloway survey, and continuing N. 60° E. with said Holloway N. W. line to his north corner; Thence S. 30° E. with said Holloway N. E. line to the S. or S. E. corner of same, it being an inside corner of said John Hall survey, also the S. W. corner of W. H. Newton survey; Thence E. with said Halls north line to and passing his N. E. corner, continuing E. with the N. line of H. H. Hickman's survey, to his N. E. corner; Thence S. with the E. line of said Hickman survey to his Southeast corner of same, being the N. W. corner of J. Manley survey: Thence E. with the North line of said J. Manley survey, to his N. E. corner; Thence S. with said Manley's E. line passing his S. E. corner of same being the N. E. corner of the S. Keller survey continuing S. with said Keller's E. line to his S. E. corner in the N. line of the M. Perry survey, the same being the S. W. corner of the J. Goar survey; thence E. with the N. line of said Perry's survey to his N. E. corner, the same being the N. W. corner of J. Green's survey; Thence S. with the dividing line between said Perry and Green surveys, passing said Perry's S. E. corner, the same being the most northerly N. E. corner of the A.

Dowdy survey, continuing on to the S. W. corner of said Green's survey, same being an outside corner of said Dowdy survey; Thence E. with the N. line of said Dowdy survey to the N. W. corner of the M. L. Swing survey, same being the most southerly N. E. corner of said Dowdy survey; Thence S. with the dividing line between said Dowdy and said Swing surveys to their S. E. and S. W. corners in the N. W. line of the M. Lavender survey; Thence S. 60° W. to the N. W. corner of said Lavender's survey in the E. line of the E. Leroy Patton survey; Thence S. 30° E. with the said Patton E. line to the S. E. corner of Mrs. Mary Green's (widow of Jones Green, deceased) farm, same being the N. E. corner of tract owned by Tom Mitchel; Thence S. 60° W. with the dividing line of said Green and Mitchel farms to the center of ten mile creek; Thence up said creek with its meanders to the S. E. line of the J. McMillan survey; Thence S. 60° W. with said McMillan S. E. line to and passing his S. W. corner, same being the S. E. corner of the W. C. Walker survey continuing S. 60° W. with said Walker S. E. line to his S. W. corner in the N. line of the S. T. Bledsoe survey; Thence W. with the N. line of said Bledsoe survey to his N. W. corner, also the N. E. corner of a survey in the name of the heirs of P. Kirkland; Thence S. with the E. line of said P. Kirkland survey to the Dallas and Ellis County line; Thence W. with said County line to the W. line of said P. Kirkland's survey; Thence N. with the W. line of said Kirkland's survey to his N. W. corner on the S. line of R. Rawlin's survey; Thence West to his S. W. corner and the S. E. corner of the G. W. Durrett survey, continuing W. with the S. line of said Durrett survey to a point in the same due S. of the S. W. corner of the M. L. Swing survey, same being an inside corner of said Durrett survey; Thence N. to the S. W. corner of said Swing survey; Thence E. with the S. line of said Swing survey to the S. W. line of the A. Eldridge survey; Thence N. 30° W. with the S. W. line of said Eldridge survey to the N. W. corner of same, S. E. line of J. Hunter survey; Thence N. 60° E. with the N. W. line of said Eldridge survey to the S. E. corner of said Hunter's survey, same being S. W. corner of the J. M. Rawlins survey; Thence N. 30° W. with said Rawlin's S. W. line to the N. W. corner of same, it being the N. E. corner of said Hunter's survey, also an inside corner of the B. B. B. and C. R. R. Co. survey; Thence E. with the N. line of said Rawlins survey to the S. E. corner of said R. R. Co. survey also the most northerly S. W. corner of A. Bledsoe survey; Thence N. with the W. line of said Bledsoe survey to the beginning.

SECTION 3. The County Judge of said county of Dallas, within ten days after receiving the written application of not less than one hundred of the qualified electors of said territory hereinbefore described, shall make an order for holding an election on a day therein named, and at a place therein designated, within said territory, for the purpose of submitting to a vote of the qualified electors of said above described territory, the question of incorporating as an independent school district, under the name of the "Lancaster Independent School District" under the authority and provisions of this act.

SECTION 4. The said County Judge shall appoint an officer to preside at said election, who shall select two judges and two clerks, to assist him in holding the same, all of whom shall serve without compensation.