Ten days previous notice of the time, place and purpose of such elcetion shall be given by posting advertisements thereof at three public places within said above described territory; and except as herein otherwise provided, said election shall be held in the same manner as general elections under the General Laws of this State, a return thereof shall be made to said County Judge within five days thereafter.

SECTION 5. If a majority of the votes cast at such election shall be in favor of such incorporation, and shall be so returned to said County Judge, said school district shall thereby be and become an incorporated independent school district under the name of the "Lancaster Independent School District," and shall have, possess and exercise all the powers, rights and duties of independent school districts formed by towns and villages incorporating for free school purposes only; And the said County Judge shall cause an entry thereof in the records of the County Commissioners Court; and said County Judge shall, within ten days after receiving said election returns, order an election to be held in said "Lancaster Independent School District" for the purpose of electing seven (7) school trustees, four (4) of whom shall serve until the regular election in May, 1906, and the remaining three (3) shall serve until such election in May 1907. The seven (7) trustees elected at said election shall as soon as possible thereafter, determine by lot which four (4) of the trustees shall serve until May 1906, and which three (3) shall serve until May 1097. Said seven (7) trustees and their successors, shall be elected and qualified in the manner provided by the act of the First Called Session of the Twenty-Sixth Legislature, approved Feb. 21st 1900, entitled, "An act to provide a uniform. method of selecting school trustees in independent school districts," etc., as amended by the Act of the Twenty-Seventh Legislature, approved April 18th 1901, and further amended by the act of the Twenty-Eighth Legislature, which took effect ninety days after the adjournment of said Twenty-Eighth Legislature.

SECTION 6. Such incorporated independent school district, and the said Trustees and school board thereof, shall be vested with and have, possess and exercise all the rights, powers and duties of independent school districts and of the boards or trustees thereof formed by towns and villages incorporated for free school purposes only, under the provisions of Chapter 45 of the General Laws of the State of Texas for the year 1897, Chapter 15, of Title 86, of the Revised Civil Statutes of 1895, and the aforesaid act, approved Feb. 21st 1900, so far as the same are now in force, and any acts amendatory thereof, as to voting, assessing, levying and collecting taxes for school purposes, and as to voting and issuing coupon bonds of said independent school district for the purpose of purchasing or constructing free school buildings, and as to having full management and control of the public free schools of such incorporated Independent School District, and as to reorganizing by choosing from their number a President, and by choosing a Secretary, a Treasurer and an Assessor and Collector of taxes wholly free and independent of and from the control, interference and powers of said incorporated City of Lancaster.

SECTION 7. The near approach of the close of the present session of the Legislature, and the crowded condition of the calendar of both the

Senate and the House, creates an emergency and an imperative public necessity that the Constitutional rule requiring bills to be read on three several days, be and the same is hereby suspended, and it is so enacted, and that 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 24, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 90, nays 0.]

Approved March 23, 1905.
Became a law March 23, 1905.

DRUGS-REGULATING SALE OF COCAINE, ETC.

H. B. No. 39.]

CHAPTER 35.

An Act to regulate the sale of cocaine and other drugs; to regulate the issuance of prescriptions for such drugs; to require persons selling such drugs upon prescription to file same, and to provide that nothing in this Act shall prevent the sale of certain preparations containing not more than two grains of opium, one-eighth grain of morphine, two grains of chloral hydrate and onesixteenth grain of cocaine; in one fluid ounce and to provide penalties for the violation thereof; and repealing all laws in conflict herewith; and providing an emergency.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That it shall be unlawful for any person, firm or corporation to sell, furnish or give away cocaine, salts of cocaine or preparations containing cocaine or salts of cocaine or any morphine or salts of morphine, or preparations containing morphine or salts of morphine, or any opium or preparations containing opium, or any chloral hydrate or preparations containing chloral hydrate, except upon the original written order or prescription of a lawfully authorized practitioner of medicine, dentistry or veterinary medicine, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, or if ordered by a practitioner of veterinary medicine, shall state the kind of animal for which ordered and shall be signed by the person giving the prescription or order. Such written order or prescription shall be permanently retained on file by the person, firm or corporation who shall compound or dispense the article ordered or prescribed, and it shall not be recompounded or dispensed a second time, except upon the written order of the original prescriber for each and every subsequent compounding or dispensing. No copy or duplicate of such written order or prescription shall be made or delivered to any person, but the original shall at all times be open to inspection by properly authorized officers of the law. Provided, however, that the above provisions shall not apply to preparations containing not more than two grains of opium, or not more than one-eighth grain of morphine, nor not more than two grains of chloral hydrate, or not more than onesixteenth grain of cocaine, in one fluid ounce, or if a solid preparation, in one avoirdupois ounce; provided also that the above provisions shall not apply to preparations recommended in good faith for diarrhoea or cholera, each bottle or package of which is ac

companied by specific directions for use, and the caution against habitual use, nor to linaments or ointments when plainly labeled "For external use only." And provided further, that the above provisions shall not apply to sales at wholesale jobbers, wholesalers and manufacturers to retail druggists, nor to sales at retail by retail druggists to regular practitioners of medicine, dentistry or veterinary medicine, nor to sales made to manufacturers of proprietary or pharmaceutical preparations for use in the manufacture of such preparations, nor the sales to hospitals, colleges, scientific or public institutions; nor to the sale of patent or proprietary medicines sold by druggists or others, containing any of the foregoing substances, the sale of which is prohibited by this Act; provided, such preparations be not compounded or sold for the purpose of the evasion of this Act.

SEC. 2. It shall be unlawful for any practitioner of medicine, dentistry or veterinary medicine to furnish to or prescribe for the use of any habitual user of the same, any cocaine or morphine, or any salts or compound of cocaine or morphine, or any preparation containing cocaine or morphine or their salts, or any opium or chloral hydrate, or any preparation containing opium or chloral hydrate, and it shall also be unlawful for any practitioner of dentistry to prescribe` any of the foregoing substances for the use of any person not under his treatment in the regular practice of his profession, or for any practitioner of veterinary medicine to prescribe any of the foregoing substances for the use of any human being; provided, however, that the provisions of this, section shall not be construed to prevent any lawfully authorized practitioner of medicine from prescribing in good faith for the use of any habitual user of narcotic drugs such substances as he may deem necessary for the treatment of such habit.

SEC. 3. Any person who shall knowingly violate any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction for the first offense shall be fined not less than twenty-five ($25.00) dollars, nor more than fifty ($50.00) dollars, and upon a conviction for a second offense shall be fined not less than fifty ($50.00) dollars, nor more than one hundred ($100.00) dollars, and conviction for a third and all subsequent offenses shall be fined not less than one hundred ($100.00) dollars, nor more than two hundred ($200.00) dollars, and shall be imprisoned in the county jail for not less than six months. It shall be the duty of the grand jury to make presentments for violations of this Act.

upon a

SEC. 4. All laws and parts of laws in conflict herewith are hereby repealed.

SEC. 5. The fact that there is no adequate law regulating the sale of narcotics and other drugs creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and the said rule is 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 House of Representatives by a two-thirds vote, yeas 102, nays 0; and was referred to the Senate, where it was amended and passed by a twothirds vote, yeas 26, nays 0; and the Senate amendments were con

curred in by the House of Representatives by a two-thirds vote, yeas 99, nays 0.]

Approved March 23, 1905.

Became a law March 23, 1905.

ASYLUMS AND CONFEDERATE HOME-PROVIDING FOR MONTHLY MEETINGS OF BOARDS OF TRUSTEES.

An Act to amend Articles 146 and 152 of Chapter 2, Title 9, of the Revised Statutes of the State of Texas, so as to provide for monthly meetings of the Boards of Trustees of the State Asylums and Confederate Home and allow pay therefor.

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

SECTION 1. That Article 146, of Chapter 2, of Title 9 of the Revised Statutes of the State of Texas, be and the same is hereby amended so as hereafter to read as follows:

Article 146. The Boards of Trustees shall hold monthly meetings at their respective asylums, and at such other times as they may be called tog ther by their President, or the by-laws of the institution may prescribe.

SECTION 2. That Article 152 of Chapter 2, of Title 9 of the Revised Statutes of the State of Texas, be and the same is hereby amended so as hereafter to read as follows:

Article 152. The members of the respective boards of trustees shall be paid five dollars each per day and mileage at the rate of three cents per mile in going to and returning from their respective asylums, for their services in attending the monthly meetings provided for in Article 146; provided; that no member shall draw pay for said monthly meetings unless he shall have actually have attended said meeting; and provided further that no member can draw pay under this Article for more than one day's attendance upon said monthly meeting, and the certificate of the President of the Board, approved by the Superintendent, shall be sufficient evidence upon which the Comptroller can draw a warrant upon the Treasurer of the State to pay the amount provided for in this Article.

Approved March 23, 1905.

Takes effect 90 days after adjournment.

NIZING

COURTS-REORGANIZING THE TWENTY-SEVENTH, THIRTY-THIRD AND THIRTY-FIFTH JUDICIAL DISTRICTS.

An Act to amend an act to reorganize the Twenty-seventh, Thirty-third and Thirty-fifth Judicial Districts of the State of Texas, and fix the time for holding court therein as passed by the Twenty-seventh Legislature, Chapter LXIV, page 133; and to repeal all laws and parts of laws in conflict therewith.

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

SECTION 1. That the Twenty-seventh Judicial District of this State

shall be composed of the following counties, to wit: Lampasas and Bell, and the terms of court shall be holden therein each year as follows:

In the county of Lampasas on the first Monday in April and October, and may continue in session four weeks. In the county of Bell on the first Monday in January, June and November, and may continue in session until the business is disposed of.

SECTION 2. That the Thirty-third Judicial District shall be composed of the counties of Blanco, Gillespie, Mason, Kimble, San Saba, Llano and Burnet, as now constituted, and the district courts, shall be held therein as follows:

In the county of Blanco on the first Monday in February and September, and may continue in session two weeks.

In the county of Gillespie on the third Monday in February and September, and may continue in session two weeks.

In the county of Mason on the fourth Monday after the first Monday in February and September, and may continue in session three weeks.

In the county of Kimble on the seventh Monday after the first Monday in February and September, and may continue in session two weeks.

In the county of San Saba on the ninth Monday after the first Monday in February and September, and may continue in session three weeks.

In the county of Llano on the twelfth Monday after the first Monday in February and September, and may continue in session four weeks.

In the county of Burnet said district court shall be held therein as follows: On the first Monday in January, and may continue in session three weeks, and on the sixteenth Monday after the first Monday in February, and may continue in session until the business is disposed of.

SECTION 3. The Thirty-fifth Judicial District of this State shall be composed of the following counties: Coleman, Runnels, Concho, Mills, McCulloch and Brown, and the district court shall be holden therein each year as follows:

In the county of Coleman on the first Monday in February and September, and may continue in session four weeks.

In the county of Runnels on the fourth Monday after the first Monday in February and September, and may continue in session four weeks.

In the county of Concho on the eighth Monday after the first Monday in February and September, and may continue in session two weeks.

In the county of Mills on the tenth Monday after the first Monday in February and September, and may continue in session three weeks.

In the county of McCulloch on the thirteenth Monday after the first Monday in February and September, and may continue in session two weeks.

In the county of Brown on the fifteenth Monday after the first Monday in February and September and may continue in session until the business is disposed of.