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and in making of said contract and the performance thereof, not inconsistent with the provisions of this Act.
Sec. 3. Said board is hereby authorized to employ such agents and assistants as may be deemed by them necessary to carry out the purpose of this Act in establishing and putting into operation the said water, light and power system, and to pay thein for their services, such compensation as may be agreed upon out of the appropriation hereinafter made.
Sec. 4. Said board is hereby fully authorized to lay such mains and pipes and erect poles and place wires as may be necessary to supply and convey water, light and power to the various public institutions and buildings herein referred to across and along the sireets and public alleys of the City of Austin and other public highways in said city and adjacent thereto in such manner as noi to obstruct the same or to interfere with the use of the same for public travel, except such obstruction and interference with public travel as may be reasonably necessary while engaged in putting down such mains and pipes and erecting such poles and placing such wires and for necessary repairs and replacements thereof; and also through and across any public grounds belonging to the State; and should it be necessary to lay such mains and pipes and erect such poles and place wires across any private lands, said board is hereby authorized to obtain and secure from the owners thereof the right of such use, for such compensation as may be agreed upon; and should said board not be able to secure from such owner or owners of private lands the use and privileges aforesaid or to agree with them as to the compensation, then they are hereby fully authorized and empowered to condemn the same by proceedings to be instituted by the Attorney General under the direction of the board in the manner and in accordance with the procedure hereinafter provided for. The board shall pay out of the appropriation hereinafter made such amounts as may be agreed upon with the owner of such lands as aforesaid, and such awards as may be made in such conden nation proceedings; but the awards in such condemnation proceedings shall not be paid unless the same are satisfactory to the board, and the foregoing provisions of this Section shall also apply to public highways if it should become necessary to pay the owner of the fee of such highway for such use, or to condemn the same for the uses and purposes aforesaid ; provided, that in the event the awards, or any one of them, of such condemnation proceedings are found satisfactory to said board, no property thus condemned shall be taken or used by the State until the same is first paid for; and provided further, that all streets, alleys and other thoroughfares shall be left in as good condition as they were before such improvements were made.
SEC. 5. Should said board for any reason fail or be unable to agree with the owner or owners of any land as to the price to be paid for the use thereof, as herein aforesaid, then they shall take steps to condemn the same in the name of the State of Texas, and in order to effect this
purpose it shall be the duty of said board to cause to be stated in writ· ing the real estate or property the use of which is sought to be taken,
the name of the owner or owners thereof and the residence of such owners if known and file such statements with the county clerk of Travis county. Upon the filing of the statement provided for in this Section.
it shall be the duty of the county judge of said county in term time or vacation to appoint three disinteresied freeholders and qualified voters of Travis county as special commissioners to assess the damage to accrue to the property by reason of such condemnation. The special commissioners as appointed to assess such damage shall, in the proceedings, be governed and controlled by the laws in force in reference to the condemnation of the right of way for railroad companies and the assessment and damages therefor, and the proceedings shall be in accordance with such laws, the State of Texas occupying the position of the railroad company, and all laws in reference to the application for the condemnation of right of way of railroad companies including the measure of damages, the service actual or constructive on the property owner, the right of appeal, and the like, not consistent [inconsistent with the provisions of this Act, shall apply to the application by the State in these proceedings; but it is specially provided that in the event in the condemnation proceedings the damages assessed for the use of any tract or parcel of land shall in the discretion of the board herein provided for be deemed excessive and greater than a reasonable and adequate compensation therefor, said board shall uecline and refuse to pay the same, and in such event the State of Texas shall pay the court costs of such proceedings and no further action shall be taken thereunder.
SEC. 6. When such water, light and power system shall have been completed and ready to be put in operation the same shall be placed under the control and supervision of the Superintendent of Public Buildings and Grounds, who shall provide for the operation of the same and the supplying of water, light and power to the various public buildings and institutions herein before referred to under the general supervision and control of the water and light board.
Sec. 7. It [there] is hereby appropriated out of any money in the public Treasury not otherwise appropriated, the sum of two hundred and fifty thousand ($250,000.00) dollars, or so much thereof as may be necessary for the purpose of carrying out the provisions of this Act, and the Comptroller shall issue warrants payable out of the same upon the order of the Governor as chairman of said board, for all expenses incurred under this Act; provided, that no water, light or power shall be supplied to any private building or grounds.
Sec. 8. The said board shall have the power, and it shall be their duty, to prescribe and adopt rules and regulations for the supplying of water, light and power to the various institutions of the State herein aforesaid, and for the enforcement of the same and to alter and amend the same from time to time, in such manner as the board may deem necessary or proper.
SEC. 9. That the Act of the Twenty-ninth Legislature of Texas, First Called Session, approved May 1st, 1903, and appearing on page 18 of the General Laws of the Twenty-eighth Legislature and entitled “An Act to provide a system of electric power, electric lights and waterworks for the purpose of supplying electric power, electric lights and water to the State Capitol, the General Land office, Governor's Mansion and the various public institutions of the State of Texas in the City of Austin and adjacent thereto, to create a board with authority to pur
chase and [put] in operation the necessary property, machinery and plant for such purposes, and with authority to lay mains and pipes and to erect and place wire across and along the streets and alleys and public highways in the City of Austin and public roads adjacent therelu, and to secure from private owners, by purchase or condemnation proceedings, if necessary, the right to lay such mains and pipes and erect such poles and place such wire across private lands; to provide for the operation of such plant, to make an appropriation therefor and to declare an emergency,” be and the same is hereby repealed; provided, that all contracts or rights under contracts, actions, claims and demands, penalties and forfeitures, which have been made or accrued under the said Act approved May 1st, 1903, shall be vested in and prosecuted by the said water and light board hereby created for and in behalf of the State of Texas, and no contract or rights under contracts, actions, claims, or demands, penalties or forfeitures shall be affected by the passage of this Act.
SEC. 10. The fact that the public institutions of the State located at the City of Austin, or adjacent should be provided with an adaquate supply of water and electric light and power, and that the construction and putting in operation or the purchase of an independent plant by the State of Texas, as provided for in this Act, will result in an enormous saving to the State and supply such institutions with an adequate supply of water and electric light and power as provided for by 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 that this Act shall take immediate effect, said Constitutional rule is therefore hereby suspended and it is enacted that this Act shall take effect from and after its passage.
Approved April 8, 1909.
AGRICULTURAL EXPERIMENT STATIONS-PROVIDING
FOR EXPERIMENTAL CULTURE OF TOBACCO. H. B. No. 115.]
CHAPTER 9. An Act to provide for the maintenance of an agricultural experiment station for
the experimental culture of tobacco, to be located in the Seventeenth Representative District, and making necessary appropriation therefor and declaring
an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. The Board of Directors of the Agricultural and Mechanical College of Texas are hereby authorized and directed to assist the National government in maintaining an experiment station for the purpose of conducting experimental culture of tobacco and carrying on researches and experiments in tobacco growing under the direction of the National government's expert in the Seventeenth Representative District.
Sec. 2. There is hereby appropriated out of any money in the State i Treasury not otherwise appropriated for the support of the State government, the sum of two thousard ($2,000) dollars to be used in assisting the National government's expert in demonstrating and experimenting the culture of tobacco. Said Board of Directors of the Agricultural and Mechanical College of Texas are hereby authorized to use one thousand ($1,000) dollars per annum for a period of two years, in a'efraying the expenses of the National government's expert in experimenting and demonstrating to the actual settler the best methods of raising tobacco for the market.
SEC. 3. The fact that the National government has conducted experiments in tobacco growing ir said Seventeenth Representative District for some two or three years, and the further fact that the National government has given notice that they will remove their expert unless the State assists the National government in making demonstrations in tobacco culture, create an emergency and an imperative public necessity that the Constitutional rule requiring bills to be read on three several days in each House be suspended, and that this Act take effect and be in force from and after its passago, ana' it is so enacted.
Approved April 10, 1909.
RAILROAD COMPANIES_RELATING TO LIABILITY TO
S. B. No. 24.]
CHAPTER 10. An Act declaring corporations, receivers, or other persons operating railroads in
this State, to be liable to employes for injuries received through the negligence of such employer, officer, agent or servant, or in case of death from such injury, to be liable to the surviving widow and children, or husband and child dren and mother and father of the deceased; and if none, then of the next of kin dependent upon such employes; prescribing the effect of contributory negligence and assumed risk upon the right of recovery; declaring void any contract, rule or regulation intended to enable the employer to limit liability; also providing that employer shall be entitled to set off against any claim any sum contributed by such employer to a fund provided for such cases and which was actually paid to the injured party, and exempting such recovery from the debts of the deceased and providing that the recovery shall be apportioned by the jury, or court trying the case without a jury, among those entitled to recover; providing how and by whom suit may be brought, also that nothing in this Act shall impair any right under any other law of this State or of the United States or in any way interfere with any proceeding now pending in any
court, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That every corporation, receiver, or other person operating any railroad in this State, shall be liable in damages to any person suffering injury while he is employed by such carrier operating such railroad; or in case of the death of such employee, to his or her personal representative for the benefit of the surviving widow and children, or husband and children, and mother and father of the deceased, and if none, then of the next kin dependent upon such employee for such injury or death resulting in whole or in part from the negligence of any
of the officers, agents or employees of such carrier; or by reason of any defect or irsufficiency due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment; provided the amount recovered shall not be liable for the debts of deceased' and shall be divided among the persons entitled to the benefit of the action, or such of them as shall be alive, in such shares as the jury, or court trying the case without a jury, shall deem proper; and provided in case of the death of such employee the action may be brought without administration by all the parties entitled thereto, or by any one or more of them for the benefit of all, and if all parties be not before the court the action may proceed for the benefit of such of said parties as are before the court.
SEC. 2. That in all actions hereafter brought against any such common carrier by [or] railroad under or by virtue of any of the provisions of this Act to recover damages for personal injuries to an emplove, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee; provided, that no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violations by such common carrier of any Statute enacted for the safety of employees contributed to the injury or death of such employee.
SEC. 3. That any action brought against any common carrier under or by virtue of any of the provisions of this Act to recover damages for injuries to, or the death of any of its employees, such employee shall not be held to have assumed the risks of his employment in any case where the violation of such common carrier of any Statute enacted for the safety of employees contributed to the injury or death of such emplovee.
SEC. 4. That any contract, rule, regulation or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this Act, shall to that extent be void ; provided, that in any action brought against any such common carrier under or by virtue of any of the provisions of this Act, such common carrier may set off therein any sum it has contributed or paid to any insurace, relief, benefit or indemnity that may have been paid to the injured employee or the person entitled thereto on account of the injury or death for which said action was brought.
SEC. 5. That nothing in this Act shall be held to limit the duty or liability of common carriers or to impair the rights of their employees under "The Assumed Risk Law,” enacted by the Twenty-ninth Legislature and known as Chapter 163, page 386, of the General Laws of the Twenty-ninth Legislature, any other Act or Acts of the Legislature of this State, though in case of conflict this law shall prevail, or to affect the prosecution of any pending proceeding or right of action under the laws of this State.
Sec. 6. The fact that a conflict may arise between the Federal courts and the courts of this State in construing the Federal [Statutes) and State Statutes of this State in suits against common carriers by employees for damages on account of personal injuries, creates an emergency