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at any place in this State, engage or assist in pool selling or bookmaking on any horse race or by means of pool selling or book-making, to take or accept any bet or aid any other person in betting or taking or accepting any bet upon any horse race to be run, trotted or paced in this State.

SEC. 2. That it shall be unlawful for any person or association of persons or any corporation, at any place in this State by pool selling or bookmaking or by means of telegraph, telephone or otherwise to aid or assist any other person in wagering, betting or placing a bet or in offering to wager, bet or place a bet of anything of value on any horse race to be run, trotted, or paced at any place in this State or elsewhere.

SEC. 3. It shall be unlawful for the owner, agent or lessee of any property in this State to permit the same to be used as a place for selling pools or book-making or wagering or receiving or assisting any person in placing any bet of or in receiving or transmitting any offer to bet anything of value on any horse race to be run, trotted or paced at any place in this State or elsewhere.

Sec. 4. That any person violating any one of the provisions of Sections 1, 2 or 3 of this Act shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than two hundred dollars, nor more than five hundred dollars, and by imprisonment in the county jail not less than thirty days nor more than ninety days. And any corporation holding a charter, or foreign corporation holding a permit to do business in this State, which shall violate any of the provisions of Sections 1, 2 or 3 of this Act shall thereby forfeit its charter or permit to do business in this State, as the case may be, and in addition thereto shall be liable to the State for a penalty of not less than two hundred nor more than five hundred dollars, and the person or persons acting for said corporation in the violation of any of the provisions of either of said Sections, shall upon conviction be punished by a fine of not less than two hundred nor more than five hundred dollars, and by imprisonment in the county jail for not less than thirty days, nor more than ninety davs.

Sec. 5. If any person shall, at any place in this State, buy pools or otherwise wager anything of value on any horse race to be run, trotted or paced, at any place in this State or elsewhere, or shall offer to wager, or shall offer to place any money or other thing of value with any

other person to be transmitted to any other place to be wagered on any such horse race, he shall upon conviction be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars.

Sec. 6. A conviction for the violation of any of the provisions of this Act may be had upon the unsupported evidence of an accomplice or participant, and such accomplice or participant shall be exempt from prosecution for any offense under this Act about which he may be required to testify.

Sec. 7. That the Act approved May 2, 1905, and published and known as Chapter CLXV of the General Laws of the Regular Session of the Twenty-ninth Legislature, entitled, “An Act to amend Sections 1, 2 and 3 and adding thereto Sections 4 and 5 of Chapter L of the General Laws of Texas passed at the Regular Session of the Twenty-eighth Leg. islature, entitled 'An Act to prohibit the buying and selling oi peuis, or receiving or making bets on horse racing; to prohibit leasing of premises for pool rooms; and to provide a penalty for its violation', prohibiting horse racing and betting on horse racing on Sunday," be and the same is hereby repealed. Approved March 11, 1909.

. Takes effect ninety days after adjournment.

RAILROAD COMPANIES-REQUIRING ENGINEERS OR CONDUCTORS TO SERVE FIRST AS FIREMEN

OR ENGINEERS. S. B. No. 117.]

CHAPTER 46. An Act to provide adequate punishment for any person who shall engage or act

in the capacity of a locomotive engineer, or train conductor, upon any railroad in the State of Texas, without having first served three (3) years as a locomotive fireman, or engineer, or if engaged as a conductor on any railroad train in this State, he shall be punished as herein provided if he engages to su ait without first having served two (2) years as a brakeman, or conductor of a freight train. To punish any person who shall knowingly engage, promote, require, persuade, prevail upon or cause any person to do any act in violation of this Act, but exempting lines operating of less than twenty-five miles in

length from the operation of this Act. Be it enacted by the Legislature of the State of Texas :

SECTION 1. If any person shall run or operate any locomotive engine upon any railroad in the State of Texas, without having served three (3) years prior thereto as a fireman or engineer on a locomotive engine, he shall be deemed guilty of a misdemeanor, and he shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, and each day he so engages shall constitute a separate offense.

SEC. 2. If any person shall act or engage to act as a conductor on a railroad train in this State without having for two (2) years prior thereto served or worked in the capacity of a brakeman or conductor on a freight train on a line of railroad, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, and each day he so engages shall constitute a separate offense.

SEC. 3. If any person shall knowingly engage, promote, require, persuade, prevail upon or cause any person to do any act in violation of the provisions of the two preceding Sections of this Act, he shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, and each day he so engages shall constitute a separate offense.

SEC. 4. Nothing in this Act shall be construed as applying to the running or operating of engines, in taking said engines to or from trains at division terminals by engine hostlers, or of the shifting of cars or making up trains, or doing any work appurtenant thereto at engine houses, tram or freight yards by switchman or yardman, or in the case of the disability of an engineer or a conductor while out on the road between division terminals. In case of emergency where such companies can not obtain the employes mentioned in this Act who have the qualifications prescribed by the provisions thereof, then such companies may employ temporary firemen, engineers and conductors who have not the qualifications prescribed by this Act, but no such employment shall continue longer than such companies can supply their respective places with men who have the qualifications prescribed by this Act, and provided further, that nothing herein contained shall relieve any of such companies from the negligence of any of its employes.

SEC. 4a. The provisions of this Act shall not apply to any railroad company within this State or the receiver, lessee thereof, whose line of railway is less than twenty-five miles in length.

SEC. 5. The fact that there are now no adequate laws in this State prohibiting the running of locomotives and trains on railroads by inexperienced engineers and conductors, thus endangering the lives of the traveling public and employees of said railroads, creates an emergency and an imperative public necessity requiring the suspension of the Constitutional rule, which requires bills to be read on three several days in each House, and the rule is hereby 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 24, nays 0; and passed the House, the vote not being given.]

Approved March 11, 1909.
Takes effect ninety days after adjournment.

CLAIMS REGULATING PRESENTATION AND

COLLECTION OF. H. B. No. 27.]

CHAPTER 47. An Act to regulate the presentation and collection of claims for personal services

or for labor rendered, or for material furnished, or for overchages in freight or express, or for any claim for lost or damaged freight, or for stock killed or injured by any person or corporation, against any person or corporation doing business in this State, and providing a reasonable amount of attorney's fees to be recovered, in cases where the amount of such claims shall not exceed

two hundred ($200) dollars, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:

SECTION 1. That hereafter any person in this State, having a valid, bona fide claim against any person or corporation doing business in this State, for personal services rendered or for labor done, or for material furnished, or for overcharges on freight or express, or for any claim for lost or damaged freight, or for stock killed or injured by such person or corporation, its agents or employees, may present the same to such person or corporation or to any duly authorized agent, thereof, in any county where suit may be instituted for the same; and if, at the expiration of thirty days after the presentation of such claim, the same has not been paid or satisfied, he may immediately institute suit thereon in the proper court, and if he shall finally establish his claim, and obtain judgment for the full amount thereof, as presented for payment to such person or corporation in such court he shall be entitled to recover the amount of such claim and all costs of suit, and in addition thereto a reasonable amount as attorney's fees, provided, he has an attorney employed in the case, not to exceed twenty ($20.00) dollars, to be determined by the court or jury trying the case; provided, however, that nothing in this Act shall be construed to repeal or in any manner affect any provision of the law now in force giving a remedy to persons having claims of the character mentioned in this Act, but the same shall be considered as cumulative of all other remedies given to such a person or persons.

SEC. 2. The fact that there is no law now in force in this State providing an effectual remedy for persons having such claims as are mentioned in 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 this Act shall take effect from and after its passage, and it is so enacted.

Approved March 13, 1909.
Takes effect ninety days after adjournment.

ASSISTANT DISTRICT ATTORNEYS-RELATING TO.

S. B. No. 137.]

CHAPTER 48. An Act to amend Title 12, Chapter 2 of the Revised Civil Statutes of the State

of Texas, by adding to [thereto] Article 278a; prescribing the mode of appointnient of assistant district attorneys in districts containing a city of 50,000 population or more, according to the United States census of 1900, and in which there is established no criminal district court; prescribing qualification of such an assistant district attorney, defining his duties and providing a method for

bis removal from office, fixing his salary and declaring an emergency. Be it enacted by the Legislature of the State of Texas:

SECTION 1. That Title 12, Chapter 2, Article 278 of the Revised Civil Statutes of the State of Texas be and the same is hereby amended by adding thereto Article 278a, which shall read as follows:

Article 278a. From and after the passage of this Act the Governor of the State of Texas shall appoint one assistant district attorney in districts in which there is situated a city of 50,000 population or over, aecording to the United States census of 1900, and in which there is no criminal district court established by law; provided the dietrict attorney or dietrict judge in said district shall furnish data to the Governor that he is in need of an assistant, and that the district attorney is himself unable to attend to all of the duties required of him by law, and that it is necessary to the best interest of the State that an assistant district attorney be appointed. Every person so appointed shall be a qualified resident attorney of the district in which said appointment is made and shall give bond and take the oath of office required of district attorneys hy this State, and shall have the power and authority to perform all the acts and duties of district attorneys under the law of this State, and said appointment shall be for such time as the Governor shall deem best in the enforcement of the law, not to be less than one month.

SEC. 2. Said assistant district attorney shall be paid for the time of actual service rendered at the rate of the sum of $2000.00 per annum, by the Comptroller of the State of Texas, and said amounts to be paid in monthly payments, upon certificate of district clerk and district judge of said district, that said assistant district attorney has performed his duties and is entitled to pay.

SEC. 3. The Governor of the State of Texas, at any time he deems said assistant unnecessary, in any district, or that person appointed is not attending to his duty as required by law, remove said person from office, by merely writing district attorney and district judge of said district to that effect.

SEC. 1. The fact that there is no adequate law of this State, providing for assistant district attorneys, and in many districts of the State, the district attorneys have a large amount of important work, which they are unable to attend to, on account of lack of time, creates an emergency and imperative public necessity, that this Act be passed under a suspension of the Constitutional rule requiring bills to be read on three several days, and that the rule is therefore suspended and this Act shall take effect 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 28, nays 0; and passed the House by the following vote, yeas 110, nays 1.]

Approved March 15, 1909.
Became a law March 15, 1909.

FISH-RELATING TO TAKING OF.

H. B. No. 77.]

CHAPTER 49. An Act to amend Section 2, Chapter 78, of the General Laws of the Regular

Session of the Thirtieth Legislature relating to the taking of fish, the purpose of the amendment being to include Brazos, Clay, Collin, Fayette, Gil. lespie, Hunt, Jack, Kauffman, Mitchell, Raines, Rusk, Smith and Van Zandt counties in the exemption of said Section 2, and to strike from the list of counties exempted under the provisions of said Section 2, Harrison and Lavaca

counties, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:

SECTION 1. That Section 2 of Chapter 78 of the General Laws of the Regular Session of the Thirtieth Legislature relating to the taking of fish, be so amended as to hereafter read as follows:

Section 2. If any person shall at any time during the year take, catch, ensnare or entrap any fish (except minnows for bait) by means of nets, or in any other manner than with ordinary hook and line or trot line, except as specified in Section 1 of this Chapter, such person shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $25.00 nor more than $100.00; provided that the following counties are hereby exempted from the provisions of this Sec

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