"An Act to amend Article 4177, was made by the Act of the Regular Code of Criminal Procedure where Session of the 40th Legislature there are one or more felony charges herein amended; and declaring an against a person." emergency." Read first time and referred to Committee on Criminal Jurisprudence. By Senators Holbrook and Bow ers: S. B. No. 59, A bill to be entitled "An Act to repeal Article 3107 of Chapter 13 of the Revised Civil Statutes of Texas, and substituting in its place a new Article providing that every political party in this State through its State Executive Committee shall have the power to prescribe the qualifications of its own members and shall in its own way determine who shall be qualified to vote or otherwise participate in such political party, and declaring an emergency." Read first time and referred to Committee on Privileges and Elections. By Senator Lewis: S. B. No. 60, A bill to be entitled "An Act to amend Article 3137 of Chapter 13 of Title 50, of the Revised Civil Statutes of Texas, adopted at the regular session of the 39th Legislature of said State in the year A. D. 1925." Read first time and referred to Committee on Privileges and Elections. By Senator Berkeley: S. B. No. 61, A bill to be entitled "An Act fixing the open season for hunting taking or killing Black Tail Deer in that part of the State 'west of the Pecos River; limiting and restricting the killing of such deer during said open season in said territory; prescribing the penalty for violating any provision of this Act; and declaring an emergency." Read first time and referred to Committee on Finance. By Senator Bledsoe: S. B. No. 63, A bill to be entitled "An Act respecting the formation of a fresh water supply District, etc." Read first time and referred to Committee on Mining, Irrigation and Drainage. By Senator Love: in S. B. No. 64, A bill to be entitled "An Act to create and establish for each of the incorporated cities of this state having a population of twenty-five thousand or more habitants, a court with jurisdiction co-extensive with the territorial limits of such city concurrent with county courts, county courts at law and the justice courts of this state over all misdemeanors committed within the territorial limits of such city, etc., and declaring an emergency." Read first time and referred to Committee on Towns and Cities and Corporations. Simple Resolution No. 24. The Chair laid before the Senate as pending business, the following resolution: Simple Resolution No. 24, instructing the Senate Conference Committee to take the $50,000.00 for a home for Criminal Delinquent Negro Girls from the appropriation bill. The resolution was read, and was adopted by the following vote: Fairchild. Floyd. Greer. Hardin. Read first time and referred to Lewis. Committee on State Affairs. By Senator Wood: Miller. Yeas-12. Neal. Parr. Pollard. Russek. Smith. Woodward. Nays-9. Reid. Westbrook. Wirtz. Absent. Price. Witt. Wood. Ward. Absent-Excused. (Pair Recorded.) Senator Stuart (present), who would vote yea with Senator Love (absent), who would vote nay. ated in said district as it existed at the time of the issuance of the present outstanding bonds; providing that said district hereby created shall have authority to issue serial bonds for the purpose of constructing, maintaining and operating maMessage From the House. cadamized, graveled or paved roads The Chair recognized the door- and turnpikes, or in aid thereof, upkeeper, who introduced a messenger on a vote of two-thirds majority of from the House with the following the resident property taxpayers vot- message: Sir: I am directed by the House to inform the Senate that the House grants the request of the Senate for a Free Conference on S. B. No. 2, and the following committee is appointed on the part of the House: Teer, Sinks, Rawlins, Storey, Fly. Hall of the House of Representatives, Austin, Texas, May 26, 1927. Hon. Barry Miller, President of the Senate. Sir: I am directed by the House to inform the Senate that the House has passed the following bills: of taxes sufficient to pay the interest on, and provide a sinking fund therefor, such bonds and taxes to be a charge against all property, real and personal, situated in the hereinafter defined district, and declaring an emergency." H. B. No. 18, A bill to be entitled "An Act to repeal the Coleman County Special Road Law, being Chapter 52, page 461, Special Laws the Regular Session Hall of the House of Representatives, H. B. No. 15. A bill to be entitled "An Act creating and defining by metes and bounds Road District No. 2 of Hidalgo County, Texas, under the authority of Article 3, Section 52, of the Constitution of the State Sir: I am directed by the House of Texas, for the purpose of con- to inform the Senate that the House structing, maintaining and operating has passed the following bill, with macadamized, graveled or paved amendments: roads and turnpikes, or in aid there- S. B. No. 16, A bill to be entitled of; provided, that such district shall "An Act making an appropriation of be made a body corporate and tax- the sum of $31,409.85, or so much ing district under the Constitution thereof as may be necessary, payable and laws of the State of Texas; in- out of the General Revenue not cluding certain territories heretofore otherwise appropriated, and approembraced and contained within the priating all other current revenue, old original Road District No. 1 of or so much thereof as may be necesHidalgo county, Texas; providing sary, to be derived from the operathat the present outstanding bonds tion of the Texas State Railroad unof said original Road District No. 1 til August 31, 1927, and to be deshall remain a charge against all posited in the State Treasury; said taxable properties situated within appropriation being for the travelsaid original district as it existed at ing, clerical and other expenses of the date of the issuance of the pres- the Board of Managers, and all other ent outstanding bonds thereof; pro- expenses connected with the sale and viding that the commissioners court maintenance, operation or lease of of Hidalgo county shall continue to said railroad, and being for the levy, assess and collect, annually, period up to and including August sufficient taxes to pay the interest 31, 1927; and declaring an emerthereon and provide sinking funds gency." sufficient to pay the principal at maturity, said taxes to be levied and Respectfully submitted, collected upon all the property situ- Chief Clerk, House of Representatives. Absent-Excused. Neal. The Chair laid before the Senate on second reading, the following Bowers. Floyd. bill: Price. Ward. S. B. No. 18. A bill to be entitled Hardin. "An Act to provide for the eradication of scabies among sheep and cattle, to provide adequate quarantine and sanitary measures, to provide for the inspection and dipping and certification of said livestock, and The Chair laid before the Senate to provide adequate penalties for on second reading, the following violation of quarantine and dipping bill: orders of the Live Stock Sanitary S. B. No. 22, A bill to be entitled Commission, and declaring an emer- "An Act regulating the slaughter gency." and sale of the meat of animals for The bill was read second time and market and providing that every passed to engrossment. person engaged in the occupation of a butcher or a slaughterer of cattle The bill was read second time. an amendment, was read. On the motion of Senator Bailey, the bill was laid on the table subject to call. Senate Bill No. 35. The Chair laid before the Senate on the calendar, the following bill: S. B. No. 35, A bill to be entitled "An Act providing for the separation of all public free school affairs in cities or towns from the municipal government therein; providing visions of Article 5681, Revised Civil Statutes, 1925, the following persons to be public weighers in the towns respectively listed: Mr. Joe Key, Davistown, Atascosa County. Mr. H. C. Billimek, McCoy, Atascosa County. Mr. E. A. Tuttle, Poteet, Atascosa County. Article 5682, requiring endorsement by the Senator and a majority of the representatives of the senatorial district, has been complied with. Respectfully submitted, DAN MOODY, Governor of Texas. Executive Office, Austin, Texas, May 26, 1927. ture of Texas. Gentlemen: The subject of the passage of the attached bills is submitted by request for your consideration. Respectfully submitted, that all the power and authority To the Honorable Fortieth Legislaover such schools shall be exercised by such cities or towns through their boards of education; providing for the election of trustees of the independent districts authorized herein; vesting the title to school property of such cities and towns in the independent district; authorizing the independent districts to assume outstanding bonds of cities and towns issued for school purposes; repealing all laws and parts of laws in conflict with the provisions of this Act, and declaring an emergency." The bill was read second time. brook, the bill was laid on the table Messages From the Governor. The Chair recognized the doorkeeper, who introduced a messenger from the Governor, with the following Executive Messages. Executive Department, Austin, Texas, May 26, 1927. To the Honorable Senate of Texas. Gentlemen: At the Regular Session of the Fortieth Legislature, I appointed Honorable Will Embry (inadvertently listed as Mrs. Will Embry), to be one of the Commissioners of Washington Park. Mr. Embrey advises that he is unable to accept this place. To succeed Mr. Embry, I submit for your confirmation the name of Mr. W. B. Francis of Brenham, Texas, to be one of the commissioners of this park. "An DAN MOODY, Governor of Texas. B. No.-, A bill to be entitled Act requiring every person, firm, co-partnership, association or corporation doing business in this State, which are subject to occupation, gross receipts, or other taxes upon sales or gross receipts, to keep complete, permanent and detailed records of all business transacted in Texas, said records to be kept at the principal place of business in Texas; providing that the Attorney General of Texas, or the State Comptroller, or the duly authorized representatives of either, may make examination of all such books and records; defining the offense of failing to keep such records, and also failing or refusing to produce the same for examination, and fixing the penalty; providing for the producing of such records in court, and declaring an emergency." With your advise and consent, I violating any provision of this Act; desire to appoint, under the pro- and declaring an emergency." -. B. No.-, A bill to be entitled transaction, or for two or more "An Act providing that negotiable actions or transactions connected toinstruments shall not be rendered gether, or for two or more acts or non-negotiable by reason of the exe- transactions of the same class of cution or contents of any other paper crimes or offenses which may be creating a lien or other right, secur- properly joined, the whole may be ing such negotiable instrument, or joined in one indictment in separby reason of any reference in the ate counts, charging separate ofnegotiable instrument to such other fenses, and a conviction may be sepaper; and declaring an emergency. "cured for each offense in the same —. B. No.—, A bill to be entitled trial under the same indictment; "An Act to prohibit the killing of providing for judgment and sentence squirrel in Hardin County during for each offense; providing for the the months of February 1st to Oct- manner of returning verdicts by the ober 15th, inclusive; providing that jury; providing that failure to reach during the other months of the year a verdict on any count shall not be a no one shall kill more than ten bar to judgment on counts on which squirrels in any one day; prescrib- verdict is, returned; providing for ing a penalty for violation, and de- numbering the counts of indictment; claring an emergency." and declaring an emergency." -. B. No. A bill to be entitled "An Act to amend Chapter 2, Title 22, Revised Civil Statutes, 1925, by adding thereto Article 725a to permit the issuance of bonds by counties for the purpose of funding or refunding indebtedness heretofore incurred for the purchase and improvement of county parks; and declaring an emergency." Executive Office, Austin, Texas, May 25, 1927. In the re-codification of the statutes of 1925, a material change was made in the wording of subdivision 7 of article 1995, Revised Civil Statutes, 1925. Prior to the recodification, subdivision 7 read as follows: "In all cases of fraud and in cases suit "may be instituted in the county in which the fraud was committed, or where the defalcation occurred or where the defendant has his domicile." As carried into the Revised Statutes of 1925, the subdivision reads: B. No., A bill to be entitled "An Act declaring unlawful the sale or offer for sale, transportation, preparation, receiving or delivery for transportation or marketing of of defalcation of public officers" citrus fruit that is immature, unripe, overripe, frost damaged or otherwise unfit for consumption and the sale thereof declared to be a fraud upon the public; defining terms; providing for the inspection of citrus fruits and issuance of certificates of inspection thereof; providing for the purchase and affixing of stamps in connection with the marketing or transportation of such citrus fruits; providing for the appointment of persons to inspect the same and fixing their compensation; defining certain offenses; prescribing the power and duties of the commissioner of agriculture, with regard to the provisions of this Act; providing for the enforcement thereof and this change and pointed out that prescribing penalties for violation of any of the provisions of this Act, and declaring an emergency." —. B. No.—, A bill to be entitled "An Act to amend Article 417 of the Code of Criminal Procedure of the State of Texas for 1925, so as to provide that where there are one or more felony charges against one or more persons for the same act or "In all cases of fraud and defalcation of public officers, suit may be brought in the county in which the fraud was committed or defalcation occurred or where the defendant has his domicile." In the case of San Marcos Academy v. Burgess, 292 S. W. 626, Advanced Sheet, No. 2, dated May 4, 1927, the Court of Civil Appeals at San Antonio has called attention to while the rule of law was well settled under this subdivision as it existed prior to re-codification, that the changed wording in the re-codification will likely change the rule of law with reference to cases brought under this subdivision. I deem this of sufficient importance to merit consideration, and I submit to you for your consideration |