STATE LEVEE AND DRAINAGE BOARD-PROVIDING FOR CREATION OF SAME.

An Act providing for surveys within this State for the construction and maintenance of pools, lakes, reservoirs, dams, canals and waterways, and for either or any of them, to prevent overflows, to procure drainage and for the improvement of rivers, creeks and streams by levees, or otherwise, to prevent overflows; to provide for the creation of a State Levee and Drainage Board, and defining and prescribing the duties and powers of said board, and providing for the payment of their expenses; authorizing and empowering said board to appoint a commissioner to be known as State Levee and Drainage Commissioner, defining his powers and prescribing his duties, and authorizing said board to prescribe his further duties not in confiict with this Act; and making an appropriation to carry out the provisions of this Act; and declaring an emergency.

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

SECTION 1. That there be and is hereby created and established a board, to be known as the State Levee and Drainage Board, composed of the Governor, who shall be chairman of said board, the Attorney General, and the Commissioner of the General Land Office.

SEC. 2. The said board shall have general charge of the work provided for in this Act and shall appoint a commissioner to be known as State Levee and Drainage Commissioner, who shall act as technical assistant and adviser to the board and who shall be a thoroughly experienced and skilled topographer and who shall serve without compensation from the State for a term of two years, and until his successor is appointed and qualified.

Provided, that the said commissioner with the approval of the board may be reimbursed for his actual and necessary traveling and station expenses while in the field in behalf of the State and that he may be reimbursed from any money hereinafter appropriated to carry out the provisions of this Act.

SEC. 3. The said commissioner with the advice and consent of the board is authorized to confer with the director or representative of the United States Geological Survey, and to accept its co-operation with this State in the preparation and completion of contour, topographical surveys and maps within this State which are hereby authorized to be made, and the said commissioner with the consent of the said board is further authorized to accomplish an agreement for the co-operation herein provided for and to arrange on behalf of the State the details of such surveys and maps, as are necessary in the future work of planning and constructing levee systems and drainage and such other public improvements as may be required to reclaim for agricultural uses the overflowed valleys of the following rivers within this State, towit: Red River, the Sulphur River, Navasota River, the Trinity River, the Brazos River, below Waco, the Little Brazos, the Colorado River, below Austin, and the valleys of such other rivers as may be deemed advisable by the Levee and Drainage Board to carry out the purposes of this Act; provided, that similar surveys and maps for similar purposes may also be made of the marsh and swamp lands and overflowed areas in the coastal

plain of this State, and the said board shall have the power to determine at what point such work shall begin and be continued.

SEC. 4. The said commissioner with the consent of said board is authorized to expend in co-operation with the said United States Geological Survey for these purposes all or part of the money hereinafter appropriated in this Act. Provided, that the said board may accept or reject the co-operation of the United States Geological Survey at any time upon thirty days' notice.

SEC. 5. It shall further be the duty of the said commissioner to confer in a technical capacity, from time to time with the proper representatives of the several State drainage and reclamation districts with a view to the adequate execution of proposed levee and drainage systems; and with the approval of the board to maintain within the State Capitol for public reference duplicate or original copies of all final results of this survey, such as field notes, maps, photographs, photolithographs and other estimates as are or may be of value to the people of the State.

SEC. 6. For the purpose of carrying out the provisions of this Act, there is hereby appropriated the sum of $25,000.00 out of any money in the State Treasury not otherwise appropriated, for the year 1909, and for the year 1910, there is hereby appropriated out of the Treasury, the sum of $25,000.00 out of any money in the Treasury not otherwise appropriated for the purpose of carrying out the provisions of this bill. Provided, the said board shall have power to make such appointment and allotment of the money herein appropriated as to properly carry out the work herein authorized.

[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 by the following vote, yeas 108, nays 0.]

Approved March 19, 1909.

Takes effect ninety days after adjournment.

LAMAR PAPERS-AUTHORIZING THE PURCHASE OF.

S. B. No. 113.]

CHAPTER 82.

An Act to authorize the Governor to purchase for the State the papers of Presídent Mirabeau Lamar, and making appropriation therefor, and declaring an emergency.

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

SECTION 1. The Governor of this State is hereby authorized to purchase from Mrs. Loretta Lamar Calder, of Beaumont, Jefferson county, Texas, the manuscripts, letters and papers now belonging to her, which were collected and left to her by her father, Mirabeau Lamar, President of the Republic of Texas, comprising all of the manuscripts, letters and documents owned by him at the time of his death bearing upon or affecting the history of the Republic or the State of Texas or upon its history prior to Texan Independence, the same to be deposited and kept among the archives of the State in the State Library.

SEC. 2. There is hereby appropriated out of the general revenue of the State, not otherwise appropriated, the sum of $10,000 to be used for the purposes of this Act, to be drawn upon warants upon the State Treasurer, signed by the Governor.

SEC. 3. The fact that the Session is near the close, and as a matter of fact it is very questionable whether or not a bill can finally pass unless the Constitutional rule requiring bills to be read on three several days be suspended, this fact creates an emergency and imperative public necessity that the Constitutional rule requiring bills to be read on three several days be suspended, and that this Act take effect from and after its passage, and it is so enacted.

Approved March 19, 1909.

Takes effect ninety days after adjournment.

OFFENSES-SENDING ANONYMOUS LETTERS.

S. B. No. 62.]

CHAPTER 83.

An Act making it a criminal offense for any person to send to another person an anonymous letter or writing reflecting upon the integrity, chastity, virtue, good character or reputation of any person or wherein the life of any such person is threatened, and prescribing a penalty for the violation thereof, and declaring an emergency.

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

SECTION 1. If any person shall send or cause to be sent, deliver or cause to be delivered, to any other person any anonymous letter or written instrument of any character whatsoever reflecting upon the integrity, chastity, virtue, good character or reputation of the person to whom such letter or written instrument is sent or addressed, or of any other person, or wherein the life of such person is threatened, said person so sending such letter or written instrument shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than two hundred and fifty dollars, nor more than one thousand dollars, and by imprisonment in the county jail for not less than one month nor more than twelve months.

SEC. 2. By an anonymous letter or written instrument, within the meaning of this law is meant where the sender of such letter or written instrument withholds his or her full and true name from the same, or where no name is signed thereto, or where a fictitious name is signed thereto, or where any description of such sender instead of a name is used, such as "A friend," or "A true friend" or the like.

SEC. 3. If two or more persons are concerned in the composition or sending of any anonymous letter or written instrument as hereinbefore prohibited by this Act, then either of such persons shall be compelled to testify thereto, and the fact that such testimony will incriminate such person shall not exempt such person from testifying in regard thereto; provided, that where such person has been compelled to testify in regard thereto as above stated then in that event when such person has testified fully, fairly and truthfully in regard thereto, then such person shall not

be prosecuted under this Act for the particular offense about which such person has so testified.

SEC. 4. The fact that there is now no law in force making it a criminal offense to send anonymous letters, and the fact that such practice is frequently indulged in by evil disposed and malicious persons, causing distress and annoyance to innocent persons create an imperative public necessity and emergency for the suspension of the Constitutional rule requiring bills to be read on three several days, and that this Act should take effect from and after its passage, and it is hereby so enacted.

Approved March 19, 1909.

Takes effect ninety days after adjournment.

COURTS-FORTIETH JUDICIAL DISTRICT.

S. B. No. 301.]

CHAPTER 81.

An Act changing and fixing the times of holding the courts in the Fortieth Judicial District of Texas, and providing for a longer term of court to be held in Ellis county, and for all writs and process returnable to the other courts at the time now fixed by law shall be returnable at the terms and times now fixed by law, shall be returnable at the terms and times as fixed by this Act, and shall be valid; and the present district judge now in office and residing in the Fortieth Judicial District shall hold the several terms of court in said district, for and during the term for which he was elected, and declaring an emergency.

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

SECTION 1. That the Fortieth Judicial District shall be composed of the counties of Ellis, Kaufman and Rockwall, as now constituted, the terms of the district courts in and for said counties shall be as follows:

SEC. 2. In the county of Rockwall, beginning on the first Monday in September, and continuing in session three weeks.

In the county of Ellis, beginning on the fourth Monday in September, and continuing in session ten weeks.

In the county of Kaufman, beginning on the tenth Monday after the fourth Monday in September, and continuing in session eight weeks. In the county of Rockwall, beginning on the first Monday in February, and continuing in session three weeks.

In the county of Ellis, beginning on the fourth Monday in February, and continuing in session twelve weeks.

In the county of Kaufman, beginning on the twelfth Monday after the fourth Monday in February, and continuing until the business is disposed of.

SEC. 3. All writs, bonds and recognizances, civil and criminal, which may be issued or executed up to the time this Act takes effect by or from the district court of the several counties named in this Act or under the order of said court, and made returnable to the terms of said court as they are now fixed by law, shall be returnable to the next ensuing term of said court in each county, as they are prescribed in this Act, and any such writs, process and bonds above mentioned are hereby legalized and validated to all intents and purposes, as if the same had been returnable to the terms of said court as the terms thereof are herein prescribed.

SEC. 4. The judge of the district now in office, and residing within the above named Fortieth Judicial District as herein defined shall hold the several terms of court in the counties composing this district for and during the term for which he was elected.

SEC. 5. That all laws and parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed.

SEC. 6. The crowded condition of the docket of the district court in Ellis county hereinbefore named, creates an emergency and an imperative public necessity requiring that the Constitutional rule requiring bills to 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 Senate by a two-thirds vote, yeas 27, nays 0; and passed the House by the following vote, yeas 100, nays 0.]

Approved March 19, 1909.

Became a law March 19, 1909.

IMPROVEMENT DISTRICTS-AUTHORIZING COMMISSIONERS COURTS TO ESTABLISH SAME.

An Act to authorize the commissioners court of the several counties in Texas to create and establish Improvement Districts to prevent overflows, and to construct and maintain levees and other improvements on rivers, creeks, and streams to prevent overflows, to order and hold elections for the purpose of voting on the establishment of such improvement districts and authorizing the issuance of bonds to pay for such improvements and the maintenance thereof, and the levy and collection of taxes to pay for such bonds and interest thereon, to appoint commissioners and all other necessary officers of such Improvement Districts for the purpose of carrying into effect the provisions of this Act; defining their powers and duties; granting the right of eminent domain to such Improvement Districts and authorizing the Improvement Commissioners to acquire by purchase, gift or grant for such districts, title to any right of way and other property, and such levees or other improvements as may have been therein previously constructed or made in such districts, and authorizing such commissioners to sell any property acquired by said district under the provisions of this Act or otherwise, and generally authorizing the commissioners court and Improvement Commissioners to do all things necessary for the establishment and maintenance of such districts and the construction and maintenance of said levees and other improvements, according to the provisions of this Act, and making it a penal offense for any person to wilfully prevent the Improvement District officers from entering upon such person's land for the purpose of carrying out the provisions of this Act, and providing a penalty therefor, and creating other offenses and providing penalties therefor under this Act, and repealing all laws and parts of laws in conflict herewith, and declaring an emergency.

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

SECTION 1. The commisisoners court of the several counties of this State may hereafter create, establish and define one or more improvement districts in their respective counties in the manner hereinafter provided, and may or may not, include within the boundaries and limits of such districts, villages, towns and municipal corporations, or any portion.