warranto or other appropriate proceedings in some court of competent jurisdiction either in Travis county or in any other county in which said corporation may be sued; to forfeit its charter, if a domestic corporation, and to cancel its permit, if a foreign corporation.

It shall be the duty of the several district and county attorneys of this State to bring and prosecute the proceedings mentioned above whenever directed so to do by the Attorney General of Texas; and the court trying said cause, after the corporation has been shown to be insolvent, may in its discretion appoint a receiver or receivers for said corporation and all its properties, with full power to settle its affairs, collect its outstanding debts and divide the moneys and other properties belonging to said company among the stockholders thereof, after paying the debts due and owing by such corporation and all expenses incident to the judicial proceedings and receivership; and the court may continue the existence of such corporation for three years, and for such further reasonable time as may be necessary to accomplish the objects and purposes of this act.

Where any corporation has issued and has outstanding any stocks or bonds given or issued for any purpose, other than money paid to, labor done for, or property actually received by the corporation it shall be the duty of the Attorney General of this State, when convinced that the facts exist which authorize the action to institute quo warranto or other appropriate judicial proceedings in some court of competent jurisdiction in Travis county or in any other county of this State where such corporation may be sued, to have any such stocks or bonds issued in violation of the Constitution and statutes of this State canceled, expunged and held for naught; and within the meaning of the above is included any bond or stock given in renewal or in lieu of any originally issued for purposes other than those mentioned above, also any issued by any corporation with which the corporation originally issuing any such has merged or been consolidated and given by said issuing corporation, in the place of those originally issued for purposes other than as mentioned above.

SEC. 4. If any suit authorized by Section 2 of this act has been instituted the same shall be dismissed at the cost of the defendant, or if not instituted, the same shall not be begun, if the defendant corporation through its stockholders shall pay off its indebtedness or reduce the same by paying, so that it is relieved of insolvency; and if any suit authorized under Section 3 of this act has been instituted, the same shall be dismissed at the cost of the defendant, or if not instituted, no action shall be brought, if the defendant corporation shall surrender or cause to be surrendered to the court or to the Railroad Commission of Texas for destruction all such illegal stocks complained of, and also the illegal bonds complained of, with proper and legal releases thereof, suitably executed for record with such other written evidences and documents necessary to show that such stocks or bonds are no longer outstanding against the corporation.

SEC. 5. Stockholders of any insolvent corporation, who own 25 per cent of its stock or creditors of any such insolvent corporation who own 25 per cent of its indebtedness may institute and prosecute a suit for the dissolution of such corporation; provided, that before any petition. is filed by either the Attorney General, or under his authority, or by

stockholders or creditors, as provided in this act, leave therefor shall be first granted by the presiding judge of the court in which the proceeding is to be instituted, and on presentation of any petition, it shall be the duty of such judge before granting leave to file the same to carefully examine the same, and he may also require an examination into the facts and it shall be made to appear with reasonable certainty from said petition, or from the petition and the facts, as the case may be, that the relief sought should be granted; and it is further provided, that any such corporation proceeded against shall have ten full days notice prior to the day set for the hearing on an application for the appointment of a receiver.

SEC. 6. The rights and remedies given by this act are cumulative, and shall not effect, change or repeal any other remedies or rights now existing in this State for the enforcement, payment or collection of fines, forfeitures and penalties.

SEC. 7. The crowded condition of the calendar of both houses, and the need of such a law as proposed by this bill, creates an emergency and an imperative public necessity demanding the suspension of the constitutional rule requiring bills to be read on three several days, and that this act take effect and be in force from and after its passage, and it is so enacted.

Approved April 30, 1907.

Takes effect ninety days after adjournment.

RAILROADS DEFINING DUTIES WITH RESPECT TO FURNISHING CARS, ETC.

An Act to define the duties of the Railroad Companies with respect to the furnishing of cars for shipment of freight, the interchange of cars as between each other at junction points, and to promptly receive and transport and deliver cars loaded with freight and to exchange cars, with connecting lines and otherwise, to define the duties of the railway companies with respect to the transportation of freight, and the exchange and delivery of cars at junction points, and to define the duties, fix penalties for failure of such duty, and to define abuses of railroad companies with respect to the matter of furnishing and exchanging of cars in the transportation of freight and to empower the Railroad Commission of the State of Texas to correct such abuses and to fix rules and regulations with respect thereto, and to fix penalties for the disobedience of such rules and regulations and failure of duty on the part of the railroad companies.

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

SECTION 1. It is hereby declared to be the duty of every railroad company operating a line of railroad within this State, to provide sufficient tracks, switches, sidings, yards, depots, and other facilities for receiving and delivering freight, motive power, cars and all other needful facilities and appliances to enable it with reasonable dispatch to perform all of its duties as to all traffic which with ordinary foresight and diligence could be anticipated as a common carrier; and to furnish all necessary and suitable cars and vehicles of transportation for all freight offered

or tendered or to be offered or tendered to it for shipment within a reasonable time after demand therefor made by any shipper of such freight; and to supply within a reasonable time at its station or stations, spurs, sidings, switches, or other places, at which it receives freight for transportation, and from which such shipper gives notice to such railway company that he desires to ship such freight, at the time designated by the shipper where it is within reasonable time, sufficient suitable cars in which to load the same; and as to all services to be performed within the limits of this State, as to such freight and cars to transport same within a reasonable time to destination when destined, to a point upon the line of such railway receiving such freight, and if destined to a point beyond the line of such railroad, then to transport and deliver within a reasonable time, such freight in such loaded car or cars to the connecting carrier forming any part of the route over which such shipment is made or to be made for the purpose of transportation by such connecting carrier on to the destination of such freight, or for delivery by it to the connecting line or lines forming any part of the route over which same is to be transported to its ultimate destination; and it shall likewise be the duty of each connecting line of railroad engaged in such transportation, as to all such service to be performed, as to all such freight and cars in which the same is carried within this State to receive and transport within a reasonable time such loaded car or cars offered or tendered to it, if in suitable condition for movement, and deliver the same at the destination thereof, if destined to a point upon its line of railroad and if destined to a point beyond its line of railroad, then to its connecting carrier forming any part of the route over which such car or cars are to be transported, subject to the same duties and obligations as if such freight had originated upon such line of railroad; provided, that where such freight forms less than a carload, or where it may be necessary to unload the same because of any accident or injury thereto or to the car in which the same is being transported, or where such freight is unloaded at the request of the shipper en route, or where by reason of any accidental or unavoidable cause, or in order to comply with any law or regulation provided by law, such freight is unloaded, or it is reasonably necessary to do so, or where it is for any other reason necessary to unload such freight in order to forward, or before it can be forwarded, in any such cases where suitable cars may be supplied. Provided, that as to freight carried wholly within this State the Railroad Commission of Texas shall have the power and authority is hereby vested in it to make all needful rules and regulations for unloading cars at junction points or otherwise forwarding cars, furnishing cars for forwarding or reloading and the exchange of cars and forwarding of such freight in the same or other cars. Provided, also, that whenever by reason of any accidental or unavoidable cause which can not be reasonably provided against by the use of reasonable foresight or diligence, such railroad company fails to so furnish cars and shall use reasonable diligence to do so promptly after the happening of such accidental or unavoidable cause, it shall not on account of such failure be liable to the penalties of attorney's fees or as otherwise herein prescribed. But nothing in this Act shall in any wise affect the right or remedy of any shipper or other person as same may exist at common law or under any Statute to recover on account of the failure, delay, refusal to furnish cars for

transportation of any freight, or other failure to perform any other legal duty, nor to in any wise exempt any such railroad company from any of the provisions of the Statutes of this State, or other duties imposed by law.

SEC. 2. That, for the purpose of facilitating the movement, preservation and exchange of freight, it shall be the duty of every railroad company in this State, whose line of railroad connects with the line of any other railroad company in this State, to exchange at such connecting or junction points, the loaded and empty cars used in or for the transportation of freight carried upon such lines of railroad forming any part of the route over which said freight is carried or to be carried, and it shall be the duty of any such railroad companies forming any part of the through or joint route over which any freight is carried or to be carried, or having or participating in the joint rates on which such freight is carried or to be carried, on demand of any such connecting line, delivering to it any such loaded car or cars of freight at junction. points within this State, to furnish to such delivering line within a reasonable time after such loaded cars are so received, at such junction point. in this State, as many cars suitable for the carriage or transportation of similar freight as may be so delivered to it loaded, by such connecting line; and upon the demand of the owner thereof, or the railroad company entitled thereto, or to the use thereof, it shall be the duty of every such railroad company so receiving the cars of another to return the same at the place where they were received or at such place as may be by said railroads agreed upon, within as reasonable time after demand therefor; and as to cars exchanged in transporting freight wholly in this State within the time and according to the rules and regulations prescribed by the Railroad Commission of Texas.

SEC. 3. The Railroad Commission of Texas is hereby authorized and empowered, as to all freight carried wholly within this State and the cars used therefor, to make and establish all needful rules and regulations, general and special, which may be different according to the circumstances and conditions to different railroads and localities and for different kind and classes of freight and cars, providing for the time, place and manner of demanding cars for, or giving notice of shipment of such freight and the time, place, manner and order in which the same shall be furnished to shippers for the purpose of shipping freight between points in this State; and to prescribe rules and regulations for the furnishing, exchanging and interchanging of cars loaded and empty by railroad companies as between each other; the time, place, terms and conditions upon which such cars shall be furnished and such interchange shall be made, and in the absence of an agreement of such railroad companies, the reasonable compensation to be paid by each railroad company for the use, loss, injury or destruction of the cars of another railroad company in the transportation of such freight; the time within which, and the manner by which railroad companies shall give notice or make demand upon each other for cars to be furnished by one railroad company in exchange for loaded cars, or to have its cars returned, the reasonable free time to be allowed the shippers for the loading of such car or cars without incurring liability for demurrage, the free time which shall be allowed to the shipper or consignee in which to unload such freight without incurring any liability for demurrage: a schedule of

reasonable demurrage charges, reciprocal or otherwise, for the use of cars irrespective of damages or penalties herein provided, which may be different for different railroads and different traffic and localities, to be paid by shippers for the detention or use of cars either in loading or unloading, or by the railroads for failing in a reasonable time to furnish cars, or to make delivery of loaded cars, subject to the penalties and damages herein provided, and the rules and regulations with respect thereto. Said Commission whenever it may deem same necessary in order to secure the prompt transportation of freight and preservation of the property, shall be authorized to prescribe the minimum speed at which freight shall be moved when being transported between points within this State, including the time for transfer and delivery as between connecting railroads. It shall be the duty of every such railway company to conform to all of the rules and regulations and orders of the Commission made in accordance with this Act, and the failure of any such railroad company to observe the rules and regulations of the Commission, or to comply with the provisions hereof, as to freight carried wholly within this State, shall be deemed an abuse subject to correction by the Railroad Commission of Texas, and shall subject such railroad company to the penalties hereinafter provided.

SEC. 4. That every railroad company which in violation of any of the provisions of this Act shall fail to furnish any car or cars for the shipment of any freight within a reasonable time, or in case of the shipment of freight between points when within this State, then within the time prescribed by the Railroad Commission of Texas, in the event it shall prescribe the time by rules or regulations as provided for herein, and if it shall fail to do so then within a reasonable time, or shall fail to receive and forward any loaded car or cars or to exchange cars as provided for herein, shall be liable to the shipper or other person injured or damaged thereby for all such injury and damages as may result to such shipper and all special damages of which such railroad company had notice at the time of the shipment or which shall occur after written notice thereof, and shall be liable in addition thereto for an amount equal to a reasonable attorney's fee in case suit is brought for the recovery of such damage; and in case of the failure or refusal to so furnish within a reasonable time any car or cars for the shipment of live-stock, green fruit, vegetables or other perishable freight, such railroad company for such failure to furnish such car or cars, within a reasonable time shall be liable to the shipper for the damage caused thereby, and a reasonable. attorney's fee in case suit is brought to recover the same. That every railroad company which shall fail to furnish cars or to exchange as required by the provisions of this Act, or by the rules and regulations of the Railroad Commission as provided for herein, shall be liable to the railroad company injured thereby for all such damage as may result to it and in addition thereto an amount equal to a reasonable attorney's fee in case of suit brought for the recovery of any damage. Every railroad company using cars of another railroad company or which have been delivered to it by such railroad company shall be liable to the party entitled thereto to pay for the reasonable use and hire thereof, and for injury or damage thereto, or destruction thereof, while in its possession or under its control for the amount of such injury and in case of cars in the shipment of freight between points wholly within this State,