to said site and way, either by private agreement with the owners of the tract of land on which same are situated, or by condemnation, as hereafter set forth; provided, that said site to be acquired shall not exceed in area one-half an acre, and shall be in such shape as said commissioners, in their discretion, may deem proper, but which shall embrace the vault as it now stands upon said bluff. SEC. 3. That upon the taking effect of this Act, or as soon thereafter as practicable, the Governor of Texas shall appoint three commissioners, who shall enter into bond, payable, to the Governor of Texas or his successors in office, in the sum of one thousand dollars, conditioned that they will well and truly discharge their duties as such commissioners, and faithfully expend said money and make due report to the Governor of their action, who shall have the powers and duties provided in this Act, and who shall serve without compensation. A majority of said commissioners may act, and the decision of the majority shall be sufficient and binding in all matters coming before them. SEC. 4. That it shall be the duty of said commissioners to acquire title to said site and way, as aforesaid, within the limitations and restrictions of this Act, and they shall have full power and discretion in selecting said site and way, and in arranging and in carrying through the terms of sale and purchase, or of condemnation, as hereafter provided for. SEC. 5. That the commissioners herein provided for are authorized to pay for the site they may designate and select for said mausoleum, and pay whatever they may consider the fair and reasonable market value of the same, but should said commissioners for any reason fail or be unable to agree with any owner or owners of said land as to the price to be paid, either for said site and way, or for said site or way, then they shall take steps to condemn the same, in the name of the State of Texas. And in order to affect this purpose, it is hereby made the duty of said commissioners to cause to be stated in writing a description of the property sought to be taken and condemned, either for such sepulchral purposes or way, or for both, as the case may be, the name of the owner or owners thereof, and the residence of such owner or owners; and to file such statement with the county judge of Fayette county. Upon the filing of the statement provided for in this Section, it shall be the duty of the county judge, either in term time or in vacation, to appoint three disinterested freeholders and qualified voters of Fayette county, as special commissioners to assess the damages which may accrue to the owners of said property by reason of such condemnation. The special commissioners so appointed to assess such damages, in their proceedings shall be governed and controlled by the laws of this State in force in relation to the condemnation of the right of way for railroad companies, and the assessment of damages therefor, and the proceedings to be had shall be in accordance with such laws, the State of Texas occupying the position of the railroad company. And all laws in reference to application for the condemnation for right of way of railroad companies, including the measure of damages, the service of notice on the property owners, the right of appeal and the like, not inconsistent with the provisions of this Act, shall apply to the application which shall be made by the State, and all other things which shall be done in these proceedings. But it is specially provided that if, in the event of condemnation proceedings, the damages assessed for the taking of said site and way, or either of them, in the discretion of the commissioners herein provided for, shall be deemed excessive and greater than a reasonable and adequate compensation therefor, that they, the said commissioners, shall decline and refuse to pay the same, and in that event the State of Texas shall pay the court costs of such proceedings, and no further action thereunder shall be had. SEC. 6. That before either a purchase or a condemnation of said site and way, or either of them, shall be consummated under the provisions of this Act, a proper and complete abstract of the title thereto shall be by said commissioners presented to the Attorney-General of this State, and shall be examined and approved by him, showing in his opinion in whom the legal title thereto is vested; and upon such approval of the title by the Attorney-General, then in the event either of purchase by agreement with the owners, or of condemnation, the commissioners hereby appointed shall make an application in writing and under oath, addressed to the Treasurer of the State of Texas, stating the amount of land and way, either or both, to be acquired, from whom to be acquired, how to be acquired, and the price to be paid therefor; and when such application has been approved by the Governor, it shall be a sufficient warrant and the Treasurer is hereby required to pay the same, and said commissioners shall thereupon take proper conveyance or evidence of title, vesting the title to said site and way in the State of Texas, and pay, the owners therefor. SEC. 7. That upon the completion of their services herein provided for, and not later than the first day of January, 1908, said commissioners shall make a full report to the Governor, with an itemized statement of all expenditures and things done and performed by them under the provisions of this Act. SEC. 8. The Governor of Texas is hereby authorized and empowered to enter into an agreement with the Dawson-Eastland Chapter, No. 12, of the Daughters of the Republic of Texas, by the terms of which the said Dawson-Eastland Chapter, No. 12, of the Daughters of the Republic of Texas, will indemnify the State of Texas to the end that the State of Texas will be free from expense by reason of the provisions of this Act; and until the State of Texas shall be so indemnified no action Ishall be had under this Act. SEC. 9. That the great number of bills now pending before both houses of the Legislature, and the necessity that early action be taken to preserve the bones of said Dawson's men and the Mier prisoners, create an emergency and an imperative public necessity that the constitutional rule which requires that all bills 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 94, nays 2; 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 4th 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.] Became a law April 15, 1905. INTOXICATING LIQUORS-PROHIBITING DRINKING IN S. B. No. 44.] CERTAIN PLACES. CHAPTER 64. An Act to prohibit any person, firm or association of persons, agents or employes of such person, firm or association of persons, who are engaged in the occupation or business of storing or keeping for others, spiritous, vinous, or intoxicating liquors, within any county, justice precinct, subdivision of a county, town or city within this State, wherein the sale of spirituous, vinous and intoxicating liquors has been prohibited according to law, from allowing any vinous, spiritous or intoxicating liquors to be drank within said place of business; and providing a penalty therefor. Be it enacted by the Legislature of the State of Texas: SECTION 1. If any person, firm or association of persons agent or employe of any person, firm or association of persons who are engaged in the business or occupation of keeping or storing spiritous, vinous, or intoxicating liquors for others within any county, justice precinct, subdivision of a county, city or town in which the sale of spiritous, vinous and intoxicating liquors has been prohibited under the laws of this State shall permit any one to drink any spiritous, vinous or intoxicating liquors within such place of business, such person, firm or association of persons, agent or employes, shall be deemed guilty of a misdemeanor. SECTION 2. If any person, firm or association of persons or any agent or employe, shall be found guilty of the above defined offense they shall be punished by a fine in any sum not less than twenty five dollars ($25.00) nor more than two hundred dollars ($200.00) and by confinement in the county jail for not less than twenty nor more than sixty days. Approved April 5, 1905. Takes effect 90 days after adjournment. SHERIFFS' FEES-EX OFFICIO SALARY. S. B. No. 146.] An Act to amend Article 2462, Title XLV Chapter 3 of the Revised Statutes of 1895. Be it enacted by the Legislature of the State of Texas: That Article 2462, Title XLV, Chapter 3 of the Revised Statutes be amended so as to read as follows: Article 2462. For summoning jurors in district and county courts, serving all election notices, notices to overseers of roads and doing all other public business not otherwise provided for, the sheriff may receive annually not exceeding Five Hundred dollars ($500.00) to be fixed by the Commissioners Court at the same time other ex officio salaries are fixed, provided; That in Counties exceeding twenty five thousand (25000) population at last Decennial Census, sheriffs may receive an additional amount not exceeding fifty dollars ($50.) for each five thousand population in excess of twenty five thousand, up to fifty thousand population; to be paid out of the General funds of the County on the order of the Commissioners Court. Provided, that the total amount of compensation which may be paid. annually shall under the provisions of this act shall not exceed the sum of Eight Hundred Dollars ($800.) [NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 5th 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. HALLETTSVILLE INDEPENDENT SCHOOL DISTRICT-INCORPORATION OF. S. B. No. 276.] CHAPTER 66. An Act to authorize, enable and permit the territory situated within the bounds of the city of Hallettsville in the County of Lavaca, and the State of Texas, and other lands and territory adjacent thereto, to incorporate as an independent school district for free school purposes only, to be known as the "Hallettsville 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 Hallettsville, County of Lavaca, and State of Texas, incorporated for municipal purposes under the General Laws of the 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 "Hallettsville 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 upper, or N. E. corner, of the J. M. Ashby League on the west bank of of the Lavaca River. Thence West to the N. W. corner of said league; thence North to the Lavaca River; thence up said river with its meanderings to the N. W. corner of the James Campbell League; thence east to the N. E. corner of said league; thence south to the S. E. corner of same; thence east to the N. E. corner of the L. Presnal League; thence south to the S. E. corner of the same; thence east to the N. E. corner of the John Hallett League; thence south to the S. E. corner of the same; thence west to the N. E. corner of the William Smothers survey; thence south to the S. E. corner of the W. S. Fisher survey; thence west to the Lavaca River; thence down the said river with its meanderings to the point of beginning, and containing twenty-five square miles, more or less. SECTION 3. The county judge of said county of Lavaca, 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 an independent school district, under the name of the "Hallettsville Independent School Districts, 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. Ten days previous notice of the time, place, and purpose of such election 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 "Hallettsville 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; 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 "Hallettsville 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 1907. 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 February 21, 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 18, 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 the board of trustees thereof, formed by towns and villages incorporated for free school purposes only, under the provisions of |