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location of said office room for said commissioner in said college and to making arrangements and agreements with said commissioner a; may be of benefit to such students.
SEC. 19. It shall le the duty of the Dairy and Food Commissioner to carefully inquire into the quality of the foods and drug products manufactured or sold, or exposed for sale, or offered for sale in this State, and he may in a lawful manner procure samples of the same and make due and careful examinations, and the analysis of all or any such food and drug products, to discover if the same are adulterated, or misbranded, impure, or unwholesome, in contravention of this Act, and it shall be the duty of the commissioner to make complaint against the manufacturer or vendor thereof, in the proper county, and furnish the evidence thereon and thereof to obtain a conviction for the offense charged. The Dairy and Food Commissioner, or his deputy or deputies, or any person by him duly appointed for that purpose shall make complaint and cause proceedings to be commenced against any person for the violation of any of the laws relative to adulterated, misbranded, impure or unwholesome food, and in such case he shall not be obliged to furnish security for costs; and he shall have power in the performance of his duties to enter into any creamery, factory, store, salesroom, drug store or laboratory, or place where he has reason to believe foods or drugs are made, prepared, sold or offered for sale or exchange, and to open any cask, tub, jar, bottle, or package containing or supposed to contain any article of food or drug and examine or cause to be examined the contents thereof, and take therefrom samples for analysis. The persons making such inspection shall take such sample of such article or product and he shall mark or scal such sample and shall tender at the time of taking it to the manufacturer or vendor of such product or to the person having the custody of the same the value thereof, and a statement in writing of the reason for taking such sample. It shall also be the duty of the Dairy and Food Commissioner to formulate, publish and enforce such rules and regulations as may be necessary to enforce this Act, and he shall adopt the standards for foods, food products, beverages, drugs, etc., and the methods of analysis authorized as official by the United States Department of Agriculture or the National Food Commission in so far as they are applicable in the light of modern discovery and research.
Sec. 20. It shall be unlawful for the Dairy and Food Commissioner or his deputy or assistants while they hold office to furnish to any individual, firm or corporation any certificate as to the purity or excellence of any article manufactured or sold to or by them to be used as food or drug or in the preparation of foods or drugs.
SEC. 21. The commissioner shall make an annual report to the Governor on or before the thirty-first day of August in each rear which shall be printed and published at the expense of the State, which report shall cover the entire work of his office for the preceding year, and shall show among other things, the number of manufactories and other places inspected and by whom, the number of specimens of food and drug articles analyzed, and the number of complaints entered against any person or persons for the violation of the laws relative to the adulteration of foods and drugs, the number of convictions had and the amount of fines imposed therefor, together with such recommendations relative to the Statutes in force as his experience may justify.
SEC. 22. Any person who shall wilfully hinder or obstruct the Dairy and Food Commissioner, or his deputy or other person or inspector by him duly authorized in the exercise of the powers conferred upon him by this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $25.00 nor more than $500.00, or by imprisonment in the county jail for not less than thirty days nor more than ninety days, or both such fine and imprisonment.
SEC. 23. The commissioner is hereby empowered with authority to issue bulletins quarterly or as often as in his judgment he may deem advisable showing the work of the commissioner. And he shall give notices of the judgments of the courts, by publication in such manner as he may prescribe by the rules and regulations, and the expenses of such publications shall be paid by the State.
Sec. 24. The commissioner, his deputy or any person by said commissioner duly appointed for that purpose is authorized at all times to seize and take possession of any and all food, drugs, drinks, and dairy products, substitute thereof, or imitations thereof, kept for sale, exposed for sale, exposed for exchange, held in possession or under the control of any person which in the opinion of the said commissioner or his deputy, or such person by him duly appointed, shall be contrary to the provisions of this Act. First, the person so making such seizure as aforesaid shall take from such goods as seized a sample for the purpose of analysis, and shall cause the remainder thereof to be boxed and sealed and shall leave the same in the possession of the person from whom they were seized subject to such disposition as shall thereafter be made thereof according to the provisions of this Act. Second, the person so making such a seizure shall forward the sample so taken to the commissioner for analysis, who shall make an analysis of the same and shall certify the results of such analysis, to any court where the same shall be offered in evidence. Third, if upon such analysis it shall appear that said food, drugs, or dairy products are adulterated, substitutes or imitations within the meaning of this Act, said commissioner or his deputy or any person by him duly authorized, may make complaint before any justice of the peace having jurisdiction where such goods were seized, and thereupon said justice of the peace shall issue his summons to the person from whom said goods were seized, directing him to appear not less than six days nor more than ten days from the date of issuing said summons and show cause why said goods should not be condemned and disposed of. If the said person from whom said goods were seized can not be found, said summons shall be served upon the person or persons then in possession of the goods. The said summons shall be served at least ten days before the time of appearance mentioned herein. If the person from whom said goods were seized can not be found and no one can be found in possession of said goods, and the defendants shall not appear on the return day, then said justice of the peace shall proceed in said cause in the same manner provided by the law where a writ of attachment is returned not personally served upon any of the defendants, and none of the defendants shall appear upon the return day. Fourth, unless cause to the contrary thereof is shown, or if said goods shall be found upon trial to be in violation of any of the provisions of this Act or other laws which now exist, it shall be the duty of said justice of the peace to render judgment that said seized property be forfeited to the State of Texas, and that the said goods be destroyed or sold by the said commissioner. The mode of procedure before said justice of the peace shall be the same, as near as may be, as in civil proceedings before justices of the peace. Either party may appeal to the county court as appeals are taken from justices courts, but it shall not be necessary for the State to give an appeal bond. Fifth, the proceeds arising from any such sale shall be paid into the State Treasury and credited to the general fund; provided, that if the owner or party claiming the property or goods so declared forfeited can produce and prove a written guaranty of purity signed by the wholesaler, jobber, manufacturer or other party from whom said articles were purchased, then the proceeds of the sale of such articles over and above the costs of seizure, forfeiture and sale shall be paid over to such owner or claimant to reimburse him to the extent of such surplus for his actual loss resulting from such seizure and forfeiture as shown by the invoice. Sixth. It shall be the duty of each prosecuting attorney when called upon by the said commissioner or by any person by him authorized as aforesaid, to render any legal assistance in his power in proceedings under the provisions of this Act.
Sec. 25. The sum of $5,700.00, or as much thereof as may be necessary, is hereby appropriated and set aside for the purpose of carrying into effect this Act for the remainder of the fiscal year ending August 31, 1909, and providing for the payment of any unpaid salary and expenses of the Dairy and Food Commissioner and his assistants that accrued under Chapter 39 of the Acts of the General Laws of the Thirtieth Legislature.
SEC. 26. Whereas, the existing pure food law regulating the sale of misbranded and adulterated food and drugs, on the Statute books of Texas is inadequate, an emergency therefore exists that the rule requiring bills to be read on three several days be suspended, and that this bill be placed upon its final passage, and the rule is hereby suspended, and that this bill take effect and be enforced from and after its passage, and it is so enacted.
Approved March 20, 1909.
TAXES—IMPOSING TAX UPON THE OCCUPATION OF
SELLING CANYON CRACKERS OR TOY PISTOLS. H. B. No. 229.]
CHAPTER 95. An Act to levy a tax of five hundred ($500.00) dollars upon the occupation of
selling cannon crackers, or toy pistols used for shooting or exploding cart. ridges and permitting counties and incorporated cities and towns to levy an additional tax of one-half of the amount herein levied, defining the term “cannon crackers," and providing that nothing herein shall be construed to prohibit the sale of or place a tax on the sale of cartridges, combustible packages or explosives, commonly used for firearms or artillery, mining, excavating earth or stone, scientific purposes, or for any public or private work, and
declaring an emergency. Be it enacted by the Legislature of the State of Texas :
SECTION 1. There shall be levied upon every person, firm or corporation engaged in the occupation of selling cannon crackers, or toy pistols used for shooting or exploding cartridges within this State an annual tax of five hundred ($500.00) dollars, and counties and incorporated cities or towns in which such business shall be located shall have the power to levy a tax of one-half the above amount as now provided by law in addition to the above tax, and such person, firm or corporation so selling such cannon crackers shall be required to pay an additional tax in the above amount and take out an additional license for each separate establishment or place in which such cannon crackers shall be sold.
SEC. 2. By the term “cannon cracker” is meant any fire cracker or other combustible package more than two inches in length, and more than one inch in circumference commonly sold and exploded for purposes of amusement.
SEC. 3. Nothing in this Act shall be so construed as to prohibit the sale of or to place a tax on the sale of cartridges, combustible packages or explosives commonly used for fire arms or artillery, mining, excavating earth or stone, scientific purposes or for any public or private work.
SEC. 4. The fact that a great amount of property is being destroyed by fire in this State as the direct result of the sale and reckless use and exploding of cannon crackers as herein defined and torpedoes for amusement, creates an emergency and an imperative public necessity requiring the suspension of the Constitutional rule requiring bills to be read on three several days in each House, and this Act shall take effect from and after its passage, and it is so enacted.
Approved March 20, 1909.
RAILROAD COMPANIES—COMPELLING RAILWAY CORPORATIONS TO MAINTAIN WATER CLOSETS, ETC.,
AT PASSENGER STATIONS. H. B. No. 476.]
CHAPTER 96. An Act to compel railroad and railway corporations to erect and maintain water
closets or privies at passenger stations, to regulate the same, to fix penalties
and authorize suits therefor, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That each railroad and railway corporation operating a line of railway in the State of Texas for the transportation of passengers thereon, shall hereafter be required to construct within ninety days of the taking effect of this Act, and to maintain and keep in a reasonably clean and sanitary condition, suitable and separate water closets or privies for both male and female persons at each passenger station on its line of railway, either within its passenger depot or in connection therewith, or within it reasonable and convenient distance therefrom at such station for the accommodation of its passengers who are received and discharged from its cars thereat, and of its patrons and employees who have business with such railroads and corporations at such station.
SEC. 2. That said railroads and corporations are hereby required to keep said water closets and depot grounds adjacent thereto well lighted at such hours in the night time, as its passengers and patrons at such stations may have occasion to be at the same either for the purpose of taking passage on its trains or waiting for the arrival thereof, or after leaving the same for at least thirty minutes before the schedule time for the arrival of its said train and after the arrival thereof at said station; provided, that said railroad or incorporation shall not be required by the provisions hereof to keep said closets lighted at such stations where the said railroad does not receive and discharge thereat in the night time passengers on and from its cars.
SEC. 3. Any railroad or railway corporation which fails, neglects or refuses to comply with the provisions of this Act shall forfeit and pay to the State of Texas, the sum of fifty ($50) dollars for each week it so fails and neglects. The county attorney of the county in which such station is located, and in case there is no such county attorney then the attorney for the district including said county, shall upon credible information furnished him, institute suit or suits in the name of the State of Texas against such defaulting railroad or railway corporation for the recovery of said penalties, and in case of said recovery the said attorney shall be entitled to one-fourth the amount thereof as commission for his said services and the remainder thereof shall be paid into the road and bridge fund of said county, provided that the State of Texas shall in no erent be liable for any costs in suit authorized by this Act to enforce its provisions.
The failure of railway corporations to provide and maintain water closets at their passenger depots in this State, and the great inconrenience to the traveling public by reason of such failure, create an emergency and an imperative public necessity that the Constitutional rule requiring bills to be read on three several days should be, and the