[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 10th 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 21, 1905.

POSTED LANDS-AMENDING ACT RELATING TO HUNTING THEREON.

An Act to amend Section 6 of Chapter 102 of the Acts of the Regular Session of the Twenty-sixth Legislature, entitled "An Act to promote agriculture and stock raising, and to prohibit the hunting with fire-arms or dogs upon the inclosed or posted lands of another in all counties within this State not specially named as exempt from the provisions of this Act," as amended by the Twenty-eighth Legislature, and to provide a penalty therefor.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Section 6, of Chapter 102, of the Acts of the Regular Session of the Twenty-sixth Legislature, as amended by the Twenty-eighth Legislature, be and the same is hereby amended so as to hereafter read as follows:

Section 6. That the following counties be, and the same are hereby exempted, and the provisions of this Act shall not have effect or be operative therein, or in any thereof, viz: Archer, Atascosa, Bell, Burnet, Caldwell, Comal, Coke, Coryell, Dallas, Denton, Ellis, Erath, Fannin, Gonzales, Grimes, Hamilton, Hardin, Hays, Jasper, Knox, Lampassas, Limestone, McLennan, McCulloch, Mills, Nacogdoches, Navarro, Newton, Orange, Parker, Polk, Sabine, San Augustine, San Saba, San Jacinto, Smith, Tarrant Upton, Walker, Washington, Wilson, Wise and Wood.

SEC. 2. The fact that there is now no law exempting counties not herein specially exempted from the operation of this Act, creates an emergency and an imperative public necessity requiring the suspension of the constitutional rule requiring bills to be read on three several days, 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 House of Representatives, no vote given; it was referred to the Senate, where it was amended and passed, no vote given; the House of Representatives concurred in the Senate amendments, no vote given.]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 10th 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.

FRANCHISE TAX-DEFINING METHOD OF COMPUTATION.

H. B. No. 597.]

CHAPTER 72.

An Act to define the method of computing the annual franchise tax payable by private domestic and foreign corporations; to repeal all laws and parts of laws in conflict with the provisions of this Act; and declaring an emergency.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the annual franchise tax, payable to the State by private domestic corporations heretofore chartered or that may hereafter be chartered under the laws of this State, and foreign corporations heretofore authorized or that may hereafter be authorized to do business in this State, shall be computed upon the basis of the authorized capital stock of the corporation, as stated in its articles of incorporation, or certified copy thereof, unless the aggregate amount of the capital stock issued, plus the surplus and undivided profits of the corporation exceeds the authorized capital stock, in which case the franchise tax shall be computed upon the basis of such aggregate amount. For the purpose of making such computations, the Secretary of State is authorized to require affidavits of the president, secretary, treasurer and other officers of any such corporation to show the amount of its capital stock issued and its surplus and undivided profits, whenever in his judgment the same may be necessary, or he may ascertain such facts from other sources. Should an officer of any corporation subject to the payment of an annual franchise tax, fail or refuse to give under oath full and accurate information of the amount of the capital stock issued by the corporation, or of the amount of its surplus or undivided profits, when required so to do by the Secretary of State, he shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not more than five hundred dollars.

SEC. 2. That all laws and parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed, in so far as they conflict herewith.

SEC. 3. The near approach of the time (May first) on or before which the franchise tax due and payable by corporations must be paid, and the growing deficit in the State Treasury, create an imperative public necessity for the suspension of the constitutional rule requiring bills to be read on three several days, and an emergency demanding 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, years 90, nays 0; and passed the Senate by a two-thirds vote, yeas 28, nays 0.]

Approved April 11, 1905.

Became a law April 11, 1905.

LANDS-UNITED STATES GOVERNMENT AUTHORIZED TO

S. B. No. 13.]

OBTAIN TITLE TO.

CHAPTER 73.

An Act to authorize the government of the United States to obtain title to land for all public improvements herein named, and to condemn same, and to define the procedure for such condemnation.

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

SECTION 1. That the United States government may purchase, acquire, hold, own, occupy and possess such lands within the limits of the State of Texas as they shall deem expedient and may seek to occupy and hold as sites on which to erect and maintain light houses, forts, military stations, magazines, arsenals, dock yards, custom houses, postoffices, and all other needful public buildings and for the purpose of erecting and constructing dams, locks and dams, for the straightening of streams by making cutoffs, building levies, or for the erection of any other structures or improvements that may become necessary in developing or improving the waterways, rivers and harbors of Texas, and the consent of the Legislature of the State of Texas is hereby expressly given to any such purchase or acquisition made in accordance with the provisions of this bill.

SECTION 2. All purchases or acquisitions of land by the United States government for any of the purposes mentioned in the preceding section shall be effected by the proper agent of the United States government with the owners thereof or by any judicial proceedings as hereinafter prescribed; that is to say whenever the owners of the land desired by the United States government cannot agree with the United States authorities thereto authorized upon the price thereto then the said United States government is authorized under the direction of the proper law officer to institute proceedings against the owner of said land or the owners of any interest therein in the county court of the county in which the land may be situated and in the same manner as is provided for the condemnation for right of way for railroads, except as hereinafter indicated.

SECTION 3. If the said government of the United States and said owner cannot agree upon the value of said land or the damages thereto, caused by the erection or construction of the improvement required, it shall be the duty of the United States officer having the matter in hand and authorized thereto by the United States government to state in writing the real estate and property condemned, the object for which it is to be condemned, the name of the owner thereof and his residence, if known, and file same with the county judge of the county in which said property or a part thereof is situated; providing the owner resides in either county in which the land is situated, the same shall be filed in the county of his residence.

SECTION 4. Upon the filing of said statement the county judge shall either in term time or in vacation, appoint three disinterested freeholders of said county as commissioners to assess said damages, giving preference to those that may be agreed upon between the United States government and the owner of said property.

SECTION 5. The said commissioners shall be sworn by the county

judge, or by any officer qualified to administer oaths, to assess said damages impartially and according to law.

SECTION 6. Said commissioners shall without delay, appoint a time and place for the hearing of said parties, and the day appointed shall be the earliest day practicable, and the place, the nearest practicable place to the said property, or at the said county seat of the county in which the property is situated or a part thereof.

SECTION 7. The commissioners shall issue a notice in writing to each of the parties, notifying them of the time and place selected for the hearing.

SECTION 8. Said notice shall be served upon said parties at least five days before the date of the hearing, exclusive of the day of service, and shall be served by the delivery of the copy of same to the party, his agent or attorney, and may be served by any person competent to testify.

SECTION 9. The party making such service shall return the original notice to said commissioners, or any one of them, on or before the day set for said hearing, with his statement thereon showing how and when same was served.

SECTION 10. When the property in controversy is the property of a deceased person or minor, or of a person of unsound mind and such estate has a legal representative or such minor, or person of unsound mind has a guardian, the notice shall be served upon such a legal representative or guardian. But if said minor or person of unsound mind have no legal representative then said commissioner shall appoint a guardian ad litem as courts of record are authorized to do, to protect the interest of said minor or person of unsound mind and shall allow reasonable compensation therefor which shall be allowed and taxed as part of the costs of the proceedings.

SECTION 11. When the property in controversy belongs to a non resident of this State, or to an unknown person, or to persons whose residence is unknown, or who secrete themselves so that service cannot be had on them, then such notice may be served upon said owner by publication in the same manner as provided in Article 1235 of the Revised Statutes of the State of Texas, provided that said cause may be tried by said commission on any day not less than four weeks after the publication of said notice.

SECTION 12. When the service of notice has been perfected, the commissioners shall at the time and place appointed or at any other time. or place to which said hearing has been adjourned, proceed to hear said parties, but if upon the day set for the hearing, the serving of notice has not been perfected, the hearing shall be postponed from time to time until the service has been perfected.

SECTION 13. Said commissioners for the purpose mentioned in this bill shall have the power to compel the attendance of witnesses and the giving of testimony and to administer oath and punish for contempt as fully as is provided by law for the district or county court. The rules for damages to be applied in these cases shall be the same as those prescribed for ascertaining the amount of damages in condemnation for right of way proceedings for railroads.

SECTION 14. The compensation for the commissioners shall be the

same as is prescribed by law for for commissioners in performing similar services in condemnation of right of way for railroads.

SECTION 15. When the said commissioners shall have assessed the damages they shall reduce their decision to writing, stating therein the amount of damages due to the owner of such real estate, if any be found to be due, and shall date same, sign it, and file it with the county judge without delay.

SECTION 16. If said commissioners or either of them from any cause be unable or fail to act as such, the county judge shall appoint another commissioner or commissioners to fill the place or places left vacant by those who are unable or fail to act.

SECTION 17. The commissioners may adjudge the cost against either party and shall in their finding state against who it is adjudged and the amount thereof and file same with their award with the county judge.

SECTION 18. If either party be dissatisfied with the decision of such commissioners, he may within ten days after the same has been filed with the county judge file his opposition thereto in writing, setting forth the particular cause or causes of his opposition, and thereupon the case shall be set down on the county court docket for trial as other civil cases. SECTION 19. If no objections are filed to such decision within the time prescribed in preceding section, the said judge shall have same entered on the record and shall make necessary provisions to enforce the same.

SECTION 20. Upon the filing of the award of the commissioners with the county judge, stating the amount of damages and costs which the United States government shall pay before taking possession of the property, if the United States government shall deposit the amount of the award of the commissioners, together with all costs adjudged against the said United States, they may proceed immediately to the occupancy of the said land and to the construction of their said improvements without awaiting the decision of the county court.

SECTION 21. If, after the filing of the objections to the award, the case shall be retried in the county court and a judgment rendered against the United States for a larger sum than that found in the award of the commissioners, then the said United States government shall be responsible for the costs of said appeal, as well as for the amount adjudged against it in said county court.

SECTION 22. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

SECTION 23. The fact that the United States government is now engaged in making many needed improvements of the rivers and harbors of Texas, and that the present provisions of the law are wholly inadequate to permit the said improvements to be made with reasonable expedition creates an imperative and public necessity that the constitutional rule requiring bills to be read on three several days be and the same is hereby suspended and that this bill 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 25, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 90, nays 0.]