tional name inserted therein, 15 cents. 8. For issuing each attachment, 40 cents. 9. For entering each order not otherwise provided for, 40 cents. 10. For filing each paper, 10 cents. 11. For entering each judgment, 40 cents. 12. For entering each continuance, 20 cents. 13. For entering each motion or rule, 10 cents. 14. For entering each recognizance, 40 cents. 15. For entering each indictment or information, 10 cents. 16. For issuing each commitment, 80 cents. 17. For each transcript on appeal, for each 100 words, 10 cents. the witness, 20 cents. 35. For recording physician's certificate, 80 cents. 36. or entering minute of transfer of judgment, 40 cents. 37. In matters relating to estates of deceased persons and minors, when the same are transacted in the district court, the clerk of said court shall receive the same fees that are allowed therefor to clerks of the county court. 38. The clerks of the district court of said counties shall receive in addition to the fees herein allowed, for the care and preservation of the records of his office, keeping the necessary indexes and other labor of a like class, to be paid out of the county treasury on the order of the commissioners court, such sum as said commissioners court shall determine. cribing, comparing and verifying record books of his office, payable out of the county treasury upon warrants issued on order of the commissioners court, each 100 words, 10 cents. 28. Making transcript of the records and papers in any cause upon appeal or writ of error, with certificate and seal, each 100 words, 15 cents. 29. Making a copy of records of judgments or papers on file in his office for any party applying for the same, with certificate and seal, 100 words each, certificate and seal, 100 words each, 15 cents. 30. Issuing a writ of sire facias Sec. 44. That the clerks of the dis- 31. Issuing each license to atorney, trict courts in said counties of 45,000 and recording proceedings thereon, $4. population or greater shall be allowed 32. Filing and recording declarations the following fees in civil cases: 1. For of intention to become a citizen of the copy of petition, including certificate United States, $1.60. 33. Issuing cerand seal, each 100 words, 15 cents. 2. tificate of naturalization, $2.. 34. ReEach writ of citation, 60 cents. 3. cording each attached witness acEach copy thereof, 60 cents. 4. Dock-count, in felony cases to be paid by eting each cause, to be charged but once, 15 cents. 5. Docketing each rule or motion, 15 cents. 6. Filing each paper, 15 cents. 7. Entering appearance of each party to a suit, to be charged but once, 15 cents. 8. Each continuance, 15 cents. 9. Swearing each witness, 10 cents. 10. Administering oath or affirmation, with certificate and seal, 40 cents. 11. Issuing subpoenas, 20 cents. 12. Each additional name inserted in each subpoena, 15 cents. 13. Approving bond, except bond for cost, $1.20. 14. Swearing and empaneling a jury, 35 cents. 15. Receiving and recording verdict of jury, 35 cents. 16. Assessing damages in each case not tried by a jury, 40 cents. 17. Each commission to take deposition, 60 cents. 18. Taking deposition, each 100 words, 15 cents. 19. Each order, judgment or decree, 60 cents. 20. When the judgment or decree exceeds 200 words, the additional fee for each 100 words in excess of 200 words shall be 15 cents. 21. Each execution or order of sale, writ of possession, restitution or other writ not otherwise provided for, 60 cents. 22. Recording return of any writ when such return is required by law to be recorded, 60 cents. 23. Each | certificate to any facts contained in the records of his office, 60 cents. 24. Making out and transmitting the records and proceedings in a cause from inferior courts, for each 100 words, 15 cents. 25. Making out and transmitting the mandate or judgment of the district court upon an appeal from the county court, 80 cents. 26. Filing the record in any cause appealed to the district court, 40 cents. 27. Trans-vided by law. Sec. 46. That in all counties of this State having a population according to the last preceding United States census of 45,000 or greater, the several assessors of taxes within this State shall each receive, as compensation for their services, commissions on the value of property assessed by them as follows: For assessing the State and county tax on all sums of 2,000,000 or less, 4% cents. For each $100 000, 2 5-10 cents on each $100 and all sums of five million dollars, 1 17-20 cents on each $100. Onehalf of the above fees shall be paid by the State, and one-half by the county, and for assessing the poll tax, 45% cents on each poll, which shall be paid by the State. Sec. 47. The commissions herein allowed to the assessors of taxes shall be collected and paid as now pro AFTERNOON SESSION. The House was called to order by the Speaker at 3 o'clock p. m. Pending question, The amendment by Mr. Carpenter to Senate bill No. 83, the Wayland fee bill, on its passage to a third reading. BILLS INTRODUCED. (By unanimous consent.) By Mr. Harris: Sec. 48. That in all counties of this State having a population according to the last preceding United States census of 45,000 or greater, the several collectors of taxes shall each receive the following compensations: Beginning with the 1st day of September of each year, 44 per cent on the first $10,000 of taxes collected, and 3 2-5 per cent on the next $10,000 of taxes collected for the State, and 1 1-16 per cent on all collections over that sum; for collecting the county taxes, 44 per cent on the first $5000 of such taxes collected, and 3 2-5 per cent on the next $5000 collected, and 1 7-10 per cent on all taxes collected over that sum, and in counties ow-bers, only children of Thomas Chambers, deceased." ing subsidies to railroads the collectors shall receive only 1 per cent for collecting such railroad taxes, and in cases where property is levied on and sold for taxes he shall receive the same compensation as alolwed by law to sheriffs or constables upon making a levy and sale in similar cases, but in case to include commissions on such sales. no Sec. 49. On all occupation and llcense taxes collected, the collector shall receive 44 per cent on all such collections. Sec. 50. All fees allowed in this act to the respective officers enumerated in this act, to be paid by the State or county shall be charged, verified, presented, allowed, approved and paid as is now provided by law, or may hereafter be provided by law. Sec. 51. It is intended by this act to embrace all fees now allowed by law to the officers enumerated herein, but in case any item of fees, salaries, commissions or perquisites which are now allowed by law to any officer for services performed has been omitted in this act, the respective officers enumerated in this act, irrespective of the population of the counties in which they may reside, shall be permitted and allowed to charge and collect the same fee, salary, commission or perquisite as are now provided by law. Sec. 52. at all laws and parts of laws in conflict with this act be and the same are hereby repealed. Sec. 53. Provided that this act shall take effect and be in force on and after December the 10th, eighteen hundred and ninety-eight, and it is so enacted. (Mr. Bailey in the chair.) Pending consideration, On motion of Mr. Green, the House at 12:20 p. m. took recess until 3 p. m. to-day. titled "An act for the relief of Kate House bill No. 679, a bill to be enChambers Sturgis and Stella J. Cham Read first time and referred to Committee on Finance. By Mr. Crowley: House bill No. 680, a bill to be entitled "An act to diminish the civil and criminal jurisdiction of the county court of Borden county, to conform the jurisdiction of the district court thereto, and to repeal all laws and parts of laws in conflict herewith." Read first time and referred to Judiciary Committee No. 1. To COMMITTEE REPORTS. By Mr. Wood, chairman: Committee Room, Austin, Texas, April 7, 1897. Hon. L. T. Dashiell, Speaker of the House of Representatives. Your Judiciary Committee No. 1, to whom was referred Senate bill No. 121, entitled "An act to amend article 5051 of the Revised Civil Statutes of 1895, relating to county warrants, and prohibiting the payment of county warrants and jury scrip upon taxes except in the order of their registration," Have had the same under considera tion, and I am instructed to report the WARD, Chairman. Committee Room, Austin, Texas, April 7, 1897. House bill No. 668, a bill to be entitled "An act to amend section 37, article 642, chapter 2, title 21, of the Revised Civil Statutes of the State of Texas, relating to the creation of corporations." Have had the same under considera- tion, and I am instructed to report the tion, and I am instructed to report the same back to the House with the recsame back to the House with the recommendation that it do not pass. ommendation that it do pass. WARD, Chairman. WARD, Chairman. MINORITY REPORT. Committee Room, Austin, Texas, April 7, 1897. Committee Room, Austin, Texas, April 7, 1897. Hon. L. T. Dashiell, Speaker of the Hon. L. T. Dashiell, Speaker of the House. Committee Room, Austin, Texas, April 7, 1897. Hon. L. T. Dashiell, Speaker of the House. Your Judiciary Committee No. 1, to whom was referred Senate bill No. 95, a bill to be entitled "An act to amend article 976 of chapter 8, title 27, of the Revised Civil Statutes of the State of Texas, relating to payments of costs and returning mandates in the Supreme Court." Have had the same under consideration, and I am instructed to report the same back to the House with the recommendation that it do pass. WARD, Chairman. MAJORITY REPORT. Committee Room, Austin, Texas, April 7, 1897. Hon. L. T. Dashiell, Speaker of the House: Your Judiciary Committee No. 1, to whom was referred Senate bill No. 139, a bill to be entitled "An act to amend title XXX, chapter 4, article 1194, of the Revised Statutes of the State of Texas of 1895, relating to venue of suits in cases of personal injury against a railroad corporation, or against any assignee, trustee or receiver operating said railway, by adding thereto section 23a after section 23." Have had the same under considera House: We, a minority of your Judiciary Committee No. 1, to whom was referred Senate bill No. 139, a bill to be entitled "An act to amend title 30, chapStatutes of the State of Texas of 1895, ter 4, article 1194, of the Revised Civil relating to venue of suits in cases of personal injury against a railroad coror against any assignee, poration, trustee or receiver operating said railway, by adding thereto section 23a after section 23." and beg leave to report the same back Do not concur with the majority, to the House with the recommendation that it do pass. tion, and I am instructed to report the same back to the House with the recommendation that it do pass. WARD, Chairman. By Mr. McGaughey, chairman: Committee Room, Austin, Texas, April 7, 1897. By Mr. Melton, acting chairman: Austin, Texas, April 7, 1897. Hon. L. T. Dashiell, Speaker of the House. Your Committee on Irrigation, to whom was referred House bill No. 677, a bil Ito be entitled "An act to amend sections 23 and 24 of House bill No. 351, entitled An Hon. L. T. Dashiell, Speaker of the House bill No. 678, a bill to be entitled "An act to validate the incorporation and to declare valid the acts of towns and villages heretofore regularly incorporated for free school purposes having within their limits towns incorporated for municipal purposes, which latter had ceased to exercise their functions as such," Have had the same under consideration, and I am instructed to report the same back to the House with the recommendation that it do pass. MCGAUGHEY, Chairman. By Mr. Bertram, chairman: Committee Room, Austin, Texas, April 7, 1897. Hon. L. T. Dashiell, Speaker of the House. Your Committee on Claims and Accounts, to whom was referred The claim of B. Sbisa for $32 paid the State as part purchase money on a section of land sold erroneously to Duncan Adriance as "detached" land in Liberty county, and which sale was canceled November 21, 1894, Have had the same under consideration, and I am instructed to report the same back to the House with the recommendation that it be not repaid. BERTRAM, Chairman. My Mr. O'Connor, acting chairman: Committee Room, Austin, Texas, April 7, 1897. Hon. L. T. Dashiell, Speaker of the House. Your Committee on Public Buildings and Grounds, to whom was referred Senate concurrent resolution No. 22, granting to the Eighth Texas Cavalry Association, known as Terry's Texas Rangers, permission to erect in the capitol grounds a monument to their heroic dead, Have had the same under consideration, and I am instructed to report the same back to the House with the recommendation that it do pass. O'CONNOR, Acting Chairman. maintenance of drains, ditches and water courses, and for the improvement and enlargement of natural drainage of the several counties within the State of Texas, and to repeal all laws in conflict with this act,' passed at the present session,” Have had the same under consideration, and I am instructed to report the same back to the House with the rec ommendation that it do pass, and be not printed. MELTON, Acting Chairman. By Mr. Lillard, chairman: Committee Room, Austin, Texas, April 7, 1897. Hon. L. T. Dashiell, Speaker of the House. Your Committee on Enrolled Bills have carefully examined and compared House bill No. 614, a bill to be entifix the times for holding the district tled "An act to regulate the terms and courts in the Eighth judicial district of Texas, and to repeal all laws and parts of laws in conflict with this act," And find the same correctly enrolled, and I have this day, at 4 p. m., presented the same to the Governor for his approval. LILLARD, Chairman. Committe Room, Austin, Texas, April 7, 1897. Hon. L. T. Dashiell, Speaker of the House: Your Committee on Enrolled Bills have carefully examined and compared tled "An act to quiet titles to lands House bill No. 176, a bill to be entilocated and surveyed by virtue of land certificates granted under the act of the Legislature of the State of Texas, entitled an act granting to persons who have been permanently disabled by reason of wounds received while in the service of this State or of the Confederate States, a certificate for 1280 acres of land, approved April 9, 1881, and to validate patents issued on such locations and surveys," And find the same correctly enrolled, and I have this day, at 4 p. m., presented the same to the Governor for his approval. LILLARD, Chairman. Committee Room, Austin, Texas, April 7, 1897. Hon. L. T. Dashiell, Speaker of the House. Your Committee on Enrolled Bills have carefully examined and compared House bill No. 168, a bill to be entitled "An act to punish persons for wilfully turning out or permitting to run at large within a county or subdivision of any county in which the stock law has been adopted, stock not permitted to run at large," And find the same correctly enrolled, and I have this day, at 4 p. m., presented the same to the Governor for his approval. LILLARD, Chairman. Committee Room, Austin, Texas, April 7, 1897. Hon. L. T. Dashiell, Speaker of the House. Your Committee on Enrolled Bills have carefully examined and compared House bill No. 571, a bill to be entitled "An act prescribing the time of holding the terms of the district court in the Twenty-eighth, Thirty-sixth and Forty-ninth Judicial Districts of the State of Texas, and to repeal all laws and parts of laws in conflict herewith." And find the same correctly enrolled, and I have this day, at 4 p. m., presented the same to the Governor for his approval. LILLARD, Chairman. MESSAGE FROM THE GOVERNOR. To the House of Representatives: House bill No. 457, a special law, which seeks to amend the charter of the city of Waco, is herewith returned without approval. Section 57, article 3, of the Constitution, provides that no local or special law shall be passed unless notice of the intention to apply therefor shall have been published in the locality where the matter or thing to be affected may be situated, stating the substance of the contemplated law, for thirty days prior to the introduction of such bill. The only notice published as a basis for this bill was that application 55-House. would be made to amend section 1 of the charter of the city of Waco so as to change the boundary lines of said city in certain specified particulars. The bill is entitled an act to amend sections 1 and 21 of the charter, and not only amends section 1 pursuant to the notice, but materially amends section 21, one of the most comprehensive and important sections of the charter, in matters wholly foreign to section 1 and the boundary lines of the city. The constitutional provision is intended to protect the people against changes in their local laws without notice to them, is plain and mandatory, has manifestly not been complied with in this case as to section 21 of the charter, and no alternative is left me but to disapprove the bill. C. A. CULBERSON. MESSAGE FROM THE SENATE. Senate Chamber. Austin, Texas, April 7, 1897. Hon. L. T. Dashiell, Speaker of the House. I am instructed by the Senate to inform the House that the Senate has passed House bill No. 476, entitled "An act to restore to and confer upon the county court of San Saba county the civil and criminal jurisdiction formerly belonging to said county under the Constitution and General Statutes, and to conform the jurisdiction of the district court of said county to said change," By two-thirds vote-yeas 21, nays 0. House bill No. 613, a bill to be entitled "An act to set apart for free school purposes four leagues of land heretofore granted to the territory known as Greer county, and to authorize the Attorney General to institute proceedings for the recovery of said land." By two-thirds vote-yeas 24, nays 0. Senate concurrent resolution No. 20, relating to deep water, good harbors and an open sea, etc. Also that the Senate has refused to concur in the House amendment to Senate bill No. 13, abolishing the unorganized counties of Buchell and Foley; asks for a free conference, and that Senators Turney, Atlee Goss, Darwiin, and Linn of Wharton, have been appointed as such committee upon the part of the Senate. Respectfully, WILL LAMBERT, Secretary. The House resumed consideration of Senate bili No. 83, with pending amendment by Mr. Carpenter. |