House of Representatives, Railroad Commissioners, heads of departments of the State government, judges and members of any and all boards and courts established by or under authority of any general or special law of this State, mayors, commissioners, recorders, aldermen and members of school boards of incorporated cities and towns, public school trustees, officers and members of boards of managers of the State University, and of its several branches, and of the various State educational institutions and of the various State eleemosynary institutions and of the penitentiaries; but this enumeration is not intended and shall not be construed or held to exclude from the operation and effect of this Act any person included within its general provisions. SEC. 3. It shall be unlawful for any officer or other person included within any of the provisions of this Act to appoint or vote for appointment or for confirmation of appointment to any such office, position, clerkship, employment, or duty of any person whose services are to be rendered under his direction or control and to be paid for, directly or indirectly out of any such public funds or fees of office, and who is related by affinity within the second degree or by consanguinity within the third degree to any such officer or person included within any of the provisions of this Act, in consideration, in whole or in part, that such other officer or person has theretofore appointed, or voted for the appointment or for the confirmation of the appointment, or will thereafter appoint or vote for the appointment, or for the confirmation of the appointment, to any such office, position, clerkship, employment or duty, of any person whomsoever related within the second degree by affinity or within the third degree by consanguinity to such officer or other person making such appointment. SEC. 4. Nothing in this Act shall apply to any appointment to the office of notary public or to confirmation thereof. SEC. 5. No executive, legislative, judicial or ministerial officer or other person included within any of the provisions of Section 1 of this Act shall approve any account or authorize the drawing of or drawing warrant or order, or pay any salary, fee, wages, or compensation of such ineligible officer or person knowing him to be so ineligible. SEC. 6. Any violation of any of the provisions of this Act shall constitute a misdemeanor involving official misconduct, and shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars. In addition to any other penalty imposed by this Act, any person who shall violate any of its provisions shall be removed from his aforesaid office, position, clerkship, employment or duty. Such removal from office shall be made in conformity to the provisions of the Constitution of this State concerning removal from office in all cases to which they may be applicable. All other removals from office under the provisions of this Act shall be by quo warranto proceedings. All removals from any such position, clerkship, employment or duty under the provisions of this Act shall be summarily made, forthwith, by the appointing power in the particular instance, whenever the judgment of conviction in a criminal prosecution in the particular case under the provisions of this Act, shall become final; provided, that if such removal be not so made within thirty days after such judgment of conviction shall become final, the person holding such position, clerkship, or employment, or performing such duty, may be removed therefrom as herein provided with reference to removal from office. All quo warranto poceedings under the provisions of this Act shall be instituted by the Attorney General in one of the district courts of Travis county, or in the district court of the county in which the defendant may reside, and concurrent jurisdiction in such suits is hereby conferred apon such courts. In such suits the district attorney or the county attorney of the county in which such suit may be filed shall assist the Attorney General whenever he shall so direct. SEC. 7. Chapter X of the General Laws of the Thirtieth Legislature, and any and all other laws and parts of laws in conflict with any of the provisions of this Act are hereby repealed. SEC. 7a. Nothing in this Act shall be held or deemed to permit any district judge within this State to appoint as official stenographer of his district any person related within the third degree to the judge or district attorney of such district, but any such appointment is hereby declared unlawful under the provisions of this Act and subject to the penalties herein provided in Section 6 of this Act. SEC. 8. The crowded condition of the calendar and the near approach of the time when notaries public are to be appointed by the Governor and confirmed by the Senate, creates an emergency and an imperative public necessity requiring that the Constitutional rule which provides that bills shall be read on three several days be suspended, and it is so 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 the following two-thirds vote, yeas 21, nays 4; was referred to the House, amended and passed by the following vote, yeas 96, nays 0; and that the Senate concurred in the House amendments by the following two-thirds vote, yeas 24, nays 0.] Approved March 9, 1909. Became a law March 9, 1909. OFFENSES-TO USE INDECENT LANGUAGE OVER S. B. No. 110.] CHAPTER 41. An Act making it a criminal offense punishable by fine, for any person in this State to use any vulgar, profane, obscene or indecent language over or through any telephone, and declaring an emergency. Be it enacted by the Legislature of the State of Texas: SECTION 1. If any person shall use any vulgar, profane, obscene or indecent language over or through any telephone in this State, he shall be guilty of a misdemeanor, and on conviction shall be fined in any sum not less than five dollars nor more than one hundred dollars. SEC. 2. The absence of any law of this State directly applicable to the offense defined herein, and the prevalence of such conduct as is here denounced as an offense, creates an emergency, and an imperative public necessity, demanding the suspension of the Constitutional rule, requiring 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 the same is so enacted. [NOTE. The enrolled bill shows that the foregoing Act passed the Senate by a two-thirds vote, yeas 23, nays 1; and passed the House by the following vote, yeas 100, nays 0.] Approved March 10, 1909. Became a law March 10, 1909. COURTS SUPREME COURT TO EQUALIZE DOCKETS OF COURTS OF CIVIL APPEALS. An Act to amend Article 994a, Chapter 12, Title XXVII of the Revised Civil Statutes of the State of Texas, and declaring an emergency. Be it enacted by the Legislature of the State of Texas: SECTION 1. That Article 994a of the Revised Civil Statutes of the State of Texas be and the same is hereby amended so as to hereafter read as follows: Article 994a. It shall be the duty of the Supreme Court to equalize as nearly as practicable the amount of business upon the dockets of the different courts of civil appeals by directing the transfer of cases from such of said courts as may have the greater amount of business upon their dockets to those having a less amount of business upon their dockets; such transfers to be made as soon as practicable after the passage of this Article, and thereafter at least once a year, in such manner and under such rules and regulations as the Supreme Court shall provide. And said courts of civil appeals to which such cases shall be transferred shall have jurisdiction of all such cases transferred without regard to the districts in which cases were originally tried and returnable on appeal; provided, that cases transferred from any court of civil appeals shall be taken from cases appealed from the counties nearest to the place where the court to which the cases are transferred is held. SEC. 2. The fact that great inconvenience is caused to the legal profession under the rule, as it now exists, for the transfer of cases from one court of civil appeals to another, constitutes an emergency and an imperative pupblic necessity that the Constitutional rule 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 25, nays 0; and passed the house by the following vote, yeas 95, nays 0.] Approved March 10, 1909. Became a law March 10, 1909. JUDGMENTS ALLOWING JUDGMENT IN JUSTICES S. B. No. 121.] UPON NOTICE TO SERVE. CHAPTER 43. An Act to amend Article 1647, Chapter 13, Title 33, of the Revised Cicil Statutes of Texas, 1895, so as to allow a judgment in the justices courts to be rendered against a non-resident upon a notice to serve a non-resident, and so that said Article may hereafter read as follows, and declaring an emergency. Be it enacted by the Legislature of the State of Texas: SECTION 1. Article 1647. No judgment other than judgment by confession shall be rendered by the justice of the peace against any party who has not entered an appearance, or accepted service unless such party has been cited either personally or by pupblication, or been served by the notice to serve a non-resident provided for in Article 1230 of these Statutes, which said Article 1230, is now made applicable to the justices courts. SEC. 2. The fact that the present Statute does not permit a judgment in the justice court to be rendered upon a statutory notice to serve a non-resident, confusion resulting from this creates an imperative public necessity that the Constitutional rule requiring bills to be read on three several days be and the same is hereby suspended and this bill be voted upon at the third and final passage, and it is so enacted. [NOTE. The enrolled bill shows that the foregoing Act passed the Senate by the following vote, yeas 26, nays 0; was referred to the House, amended and passed by the following vote, yeas 96, nays 1; and that the Senate concurred in the House amendments by the following vote, yeas 28, nays 0.] Approved March 10, 1909. Became a law March 10, 1909. RAILROAD COMPANIES PROHIBITED ESTABLISHING NAME FOR A STATION OTHER THAN NAME OF S. B. No. 68.] POSTOFFICE. CHAPTER 44. An Act to prohibit any corporation, or receiver, operating a line of railway in whole, or in part, in the State of Texas, or any officer, agent or representative of such corporation, or receiver, to retain, maintain, or establish a name on any railway station or depot in any incorporated, or unincorporated town or city, within this State, other than the name of the town or city, which town or city bears the name of its postoffice so given by the United States Government, and providing penalties for violation of this act, and prescribing the venue of suits and prosecutions thereunder. Be it enacted by the Legislature of the State of Texas: SECTION 1. It shall hereafter be unlawful for any corporation or receiver operating any line of railroad in whole, or part, in this State, or any officer, agent, or representative of such corporation or re ceiver to retain, maintain, or establish a name for any railway station. or depot in any incorporated or unincorporated town or city, within this State, other than the name of the town or city, which have, and bears, the name of its postoffice so given by the United States Government. SEC. 2.. That the provisions of Section 1 of this Act shall not ap ply to two or more incorporated or unincorporated towns or cities in this State which now are situated within five miles of each other, and which each have therein established postoffice named and designated by the United States Government. Provided, that this Act shall not apply to those cases where the postoffice name of the city, town, village or settlement is so similar in sound or otherwise to that of some other station upon such railroad, as that confusion in train orders and directions may arise therefrom and provided further that where the name of such place is changed by the postal department of the Federal Government such railway shall not be required to again change the name of its station, and provided further that all railways having stations affected hereby shall have ninety days from and after this Act becomes effective to comply therewith. SEC. 3. Any officer, agent, or representative of any corporation, or receiver operating any line of railroad in whole, or in part, within this State, who shall violate the provisions of this act shall be deemed guilty of a misdemeanor, and upon a conviction therefor shall be punished by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for such offense, or by confinement in the county jail for not less than thirty (30) nor more than ninety (90) days, or by both such fine and imprisonment. Provided that the venue of all suits originating under the provisions of this Act shall be in the county where the station about which the suit occurs, is located. Approved March 10, 1909. Takes effect ninety days after adjournment. POOLS, POOL ROOMS AND HORSE RACING-RELATING TO. H. B. No. 90.3 CHAPTER 45. An Act to prohibit the buying and selling of pools or receiving or making bets on horse racing; to prohibit the leasing of premises for pool rooms, and to provide a penalty for its violation and to repeal the Act approved May 2, 1905, and published and known as Chapter CLXV of the 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 Legislature entitled 'An Act to prohibit the buying and selling of pools, or receiving or making bets on horse racing; to prohibit leasing premises for pool rooms; and to provide a penalty for its violation'; prohibiting horse racing and betting on horse racing on Sunday," and providing that a conviction may be had upon the unsupported evidence of an accomplice or participant, and exempting such witness from prosecution. Be it enacted by the Legislature of the State of Texas: SECTION 1. That from and after the passage of this Act it shall be unlawful for any person, association of persons or any corporation, to |