Index to Opinions from the 1908-1910 Biennial Report from the … · 2019-03-04 · Railway company can not legally furnish free transportation to parties who are not bona fide employes

INDEX.

INDEX TO OPINIONS.

(For Index to Suits, see page 597, et seq.)

A

ABSTRACT BOOKS AND RECORDS.Are personal property, and subject to taxation............... 410

AGRICULTURAL DEPARTMENT.One person can not hold offices of chief clerk of, etc., and Chief

Inspector of Nurseries ..... .......................... 498Commissioner not authorized to give contract for printing bulle-

tins of department for distribution to any other than theState contractor .................................... 549

AMERICAN BOOK CO.Report of investigation of by Attorney General.............. 116

ANTI-NEPOTISM.Applicable to county officers .............................. 107Trustee can not vote for teacher, when...................... 109Parties, the wives of whom are second cousins, are related within

prohibited degree .............. .110Trustee may vote for his brother's wife's sister as teacher ...... 111Speaker and member of Legislature come within inhibition of law 112

ANTI-PASS LAW.Railway company can not legally furnish free transportation to

parties who are not bona fide employes............. .136, 137Contract between railway .company and casualty company, en-

tered into in 1903, to run for two years and thereafter to berenewed yearly by mutual consent of parties, is not a pre-existing contract as applied to anti-pass law which was en-acted in 1907.. ...................................... 139

Railway company may permit transfer men to go upoin its trainfor the purpose of soliciting baggage................... .. 141

Transportation of corpse................................. 144

ANTI-TRUST LAW.Suits reported .......................................... 34-39Report of Attorney General in re American Book Company .... 116Effect of, upon contracts of labor unions with merchants...... 120)Agreement between breweries and wholesale beer men not to sell

beer to any one guilty of violating Sunday law is in viola-tion of, etc.......... .............................. 130

Merger of insurance companies unlawful, etc ........ ......... .. 132

APPOPRIATIONS.By joint resolution, for defenders of State Treasury against band

of robbers is in violation of Art. 3, Sec. 44, of the State Con-stitution ....... ................................... 457

Texas Library and Historical Commission............... .484-496For enforcement of any and all laws....................... 524For Deaf and Dumb Institute.............................. 531

ATTORNEYS GENERAL.Their tenures ........................................... 3

AVAILABLE SCHOOL FUND.Interest arising from permanent fund must be placed to credit

of, etc.. ............................................ 478

Digitized from Best Copy Available

605

School district is entitled to have its warrant paid when warrantis properly drawn and money in depository, provided pay-ment of such warrant will not exceed amount apportionedto such school district................................ 558

BBANKING.

State bank not authorized to loan officer or director of bankmore than 10 per cent of capital and surplus,. without theconsent of a majority of the directors (other than the bor-rower) ........................................... 272

Certified copy of articles of incorporation of State bank may berecorded in deed records of county, etc................. 284

Banking corporation may change plan of securing depositors... 286Indemnity bond of banking corporation or individual sureties. . 287State banks, advertisements of, etc ..................... 291, 295State bank, directors, election of, etc., must state in articles

number of directors, which number may be increased ordiminished by vote of stockholders..................... 304

Banking corporation can not do business not authorized by itscharter ........................ ... 306

All State banks electing to come under provisions of bond secur-ity system shall tile bond, when, etc.................... 314

National banks may file bond at ahy time .................... 314Private banks may file bond at any time .................... 314In the designation of the manner in which a bank shall guarantee

its depositors, it is necessary that the holders of a majorityof the entire capital stock shall concur ................. 494

Married women may legaliy become stockholders in State bank,but not a director................................... 552

Bond guaranty banks, advertisements of, etc ................ 595

BANK GUARANTY LAW. (See "Banking," "Construction of Laws.")Construction of ............... 286, 287, 291, 295, 314, 494, 595

BOARD OF HEALTH.No provision of law authorizing appointment of local registrars

of vital and mortuary statistics, etc .................... 525

BONDS, MUNICIPAL, SCHOOL, ETC.County, approved....................................... 72City, approved.......................................... 73Independent school district, approved...................... 77Common school districts, approved......................... 80Road improvement districts, approved ...................... 84Levee improvement districts. approved..................... 84Navigation districts, approved............................. 85Drainage district; act authorizing bonds defective; refusal of de-

partment to approve Port Arthur drainage district bonds;reasons therefor ..................................... 152

Upon which the Attorney (xeneral has heretofore issued his cer-tificate of approval arp valid, notwithstanding an irregu-larity in the law under which they were issued .......... 154

Disposition of excess interest and sinking fund after redemption 157Where petition to commissioners court does not contain neces-

sary allegations prescribed by drainage district law to fixjurisdiction upon. said court to act, all subsequent proceed-ings are void...................................... 158

State railroad bonds: Legislature has authority to pass act au-thorizing Penitentiary Board to issue bonds to completeState railroad ..................................... 160

Commissioners court nas anthority to issue, etc., on faith andcredit of common school districts to pay accounts legallycontracted prior to date of bond issue................. 167


606 INDEX.

INDEX. 607

Tax rate must be specified in common school district tax elec-tion; not so in case of independent school districts ........ 171 7

Bonds, in order to be legal, must state a statutory purpose. Citycan not enter Into partnership with private corporation(water company) ior the purpose of extending its watermains ............................................. 178

Commissioners court may issue, etc., or interest-bearing war-rants, subject to limitation herein, for the purpose of con-structing court house and jail .... ...... 181

Validation of common school district bonds, etc.. ........... 184Proceeds of sale of, must be placed with depository .......... 197Can not sell at a price less than par and accrued interest. . .'. . 197Involving constitutionality of Fort Worth city charter, which au-

thorized issuance of city bonds........................ 560Commissioners court can not legally accept bid for county's

funds, waiving interest on proceeds of sale of, etc., kept onhand by depository until expended by the court for the pur-poses of their issuance............................... 194

BONDS (INDEMNITY).Of banking corporation or irdividual sureties................ 287To be filed by foreign corporations, etc., based upon premium re-

ceipts of preceding year; no part of commissioners' duty tofurnish surety with evidence of concellation .............. .302

BONDS (OFFICIAL).Of State Tax Commissioner continues in force until expiration of

term for which he was originally appointed.............. 156A woman who is a feme sole is eligible to hold office of county

superintendent; married woman not eligible because of dis-ability to bind herself by bond......................... 571

BREWERIES.An agreement betw*een, etc., and wholesale beer men 'not to sell

to any one guilty of violating Sunday law, is violation ofanti-trust law ...................................... 130

C

CANDIDATES. (See "Election Law.)

CAPITAL STOCK.Shareholders of the stock of a banking corporation may legally

become and be accepted as sureties upon indemnity bondgiven to protect depositors............................ 287

Can not be issued in consideration of promissory notes or othercontracts or agreements to pay for such stock; can not beissued except for money paid................. . ..... 289-533

Reduction of, etc................................319, 323, 567Minimum capital required of State banks governed by population

. of city or town as shown by census............ 4 ....... 325Of all insurance companies must be fully paid................ 327Is not a violation of the laws of this State for agents to solicit

subscriptions to capital stock of foreign corporations whichhave no permit to do business in Texas.................. 389

Franchise tax of corporations fixed by reference to amount ofcapital stock ....................................... 414

Corporations chartered under Subdivision 2, Art. 642, R. S., andhaving no capital stock, are not required to pay franchise'tax ............................................... 414

In the designation of the manner in which a bank shall guar-antee its depositors, it is necessary that the holders of amajority of the entire capital stock shall concur ......... .494

A share of, can not be divided into different parts and sold to


separate individuals .. ............................... 530Married woman may legally become a stockholder in State bank,

but not a director.................................... 552

CENSUS.Pending knowledge of latest census, candidate for sheriff and tax

collector may make request, in the alternative, to have nameplaced on ticket ...................................... 220

Counties entitled to separation of offices of sheriff and tax col-lector and county and district clerk, when ............... 217

Minimum capital required of State banks, governed by popula-tion, as shown by, etc ............................... 327

Method of determining population is by last census ............ 532

CHILD LABOR.Owner or his agent or employe, in control of operation of mill,

factory, etc., guilty of violating law by permitting childrento labor in such mill, factory, etc.; exemptions ............ 544

CIRCUSES.Required to pay occupation tax for each performance .......... 418

CITIES.Can not enter into partnership with private corporation...... 178Commissioners courts can not deny railroad right to construct

track along the streets of any unincorporated town,.but rail-way is liable to abutting owners for damages........... .. 393

Legislature has authority to enact city charter, subject to ratifi-cation of voters of city .. ............................. 580

CITY BONDS.A pproved ............................................. 73

CITY DEPOSITORIES. (See "Depositories.")

CLERKS, CRIMINAL DISTRICT COURTS.Of Galveston and Harris Counties, appointment of by the Gov-

ernor not required to be confirmed by Senate............ 458

COMMISSIONERS COURT.Where petition to, et-., for the issuance of bonds, does not con-

tain necessary 1legations prescribed by drainage districtlaw, to fix jurisdiction upon said court to act, all subsequentproceedings are void................................. 158

Has authority to issue bond? on the faith and credit of commonschool districts +o pay accounts legally contracted prior todate of jond issue.................................... 167

May issue bonds or interest-bearing warrants, subject to limita-tions herein, for purposes of constructing court house andjail ..... . .... .. ... .. .... ......... .. ... .. .. .. ..... .. 18 1

Can not legally accept bid for county's funds, waiving intereston proceeds of sale of bonds kept on hand by county deposi-tory until expended by said court for the purpose of theirissuance . ......................................... 194

Can not sell bonds at a price less than par and accrued interest. 197Has power to revoke original contract granted to county deposi- .

tory .......... .................................... 197Has no authority to employ either the county or district attorney,

by special contract, to collect delinquent taxes due countyand State.......................................... 256

Where road across county school land has been in constant useunder the authority of the commissioners court of countywhere such land is situated, for a period of ten years, beingregularly worked by its authority, having hands apportionedto it, held under open adverse possession for that length of


IN DEX.60)8

time, it becomes a public road by prescription........... 363Hasn't the authority to contract to pay an agent for the sale of

its school lands out of the proceeds of sale, etc. May con-tratt to pay him out of General revenue of county ........ 372

Can not deny railroad right to construct track along the streetsof an unincorporated town, but railway is liable to abuttingproperty owners for damages......................... 393

County commissioner can not at the same time hold office of-drainage commissioner, being two civil offices of emolument 475

Not authorized to pay county attorney ex officio salary......... 486'Where court leases county's school lands for a term of years, giv-

ing option to lessee to purchase at expiration of lease, suchcontract of lease is binding on court except for fraud....... 536

Has authority to redistrict county into commissioners' precincts. 565

COMMISSION FORM OF GOVERNMENT.Legislature has authority to enact city charter, prescribing, etc.,

subject to ratification Dy voters of city................. 580

COMMON SCHOOL DISTRICTS.Bonds of approved......................... ............ 80Commissioners court has authoritw to issue bonds on the faith

and credit of, etc., to pay accounts legally contracted priorto date of bond 1.3sue................................. 167

Tax rate must be specified in district tax election ............ 171Validation of bonds of, etc........ ....................... 184Disbursement of available school fund; entitled to have warrant

paid, when, etc..................................... 558

CONFEDERATE PENSIONS.Laws of 1909 construed.............................. 509, 512

CONSTITUTIONAL CONSTRUCTION.Legislature has authority to pass act authorizing Penitentiary

Board to issue bonds, the proceeds from the sale of whichare to be uesd to complete State Railroad .................. 160

Not necessary for the adoption of a constitutional amendmentthat it receive a majority of all the votes cast at an elec-tion, but a majority of the votes cast upon that question. . 171

Commissioners court may,,issue bonds or interest-bearing war-rants, subject to limitation herein, for the purpose of con-

structing court house and jail...................... 181Concurrent resolution for relief of purchasers of school land

who purchased upon condition of occupancy, etc., fromeffect of failue to comply with the conditions of occupancy,etc., is repugnant to the Constitution. . . .............. . 7

One person can not hold offices of deputy county attorney anddeputy county surveyor................................ 442

Appropriation by joint resolution for defenders of State Treasuryagainst band of robbers is in violation of Article 3, Sec-tion 44, of, etc..................................... 457

Legislature can not delegate legislative authority to a StateBoard of Health in the promulgation of a sanitary code tohave the force and effect of law....................... 461

Legislature has authority to make appropriation for the erectionof monuments or statues, within or without this State, inmemory of distinguished citizens or soldiers............ 473

County commissioner can not at the same time hold office ofDrainage Commissioner, being two civil offices of emolu-ment and coming within inhibition of Constifution....... .475

Legslature had authority to provide that Penitentiary Investiga-tion Committee should be composed of members of Houseand Senate, to act after final adjournment of Legislature. . 482

Suit against the State can not be maintained without the con-sent of the State; such consent may be given by the

Legislature ........................................ 485


INDEX. 609

610 INDEX.

Member of Legislature not eligible to hold office created by ses-sion of Legislature of which he was a member .......... 486

Legislature can not enact statute creating county court in allcounties in State having therein cities of designaed'popula-tion, when there is only one county in State in which actwould be operative, and when no local notice has been given 488

One person can not hold offices of Chief Clerk, Agricultural De-partment, and Chief Inspector of Nurseries............. .498

When a quorum of the Legislature is present it only -requiresfour-fifths of those present to suspend rules requiring billsto be read on three several days....................... .. 560

Fire Rating Board may employ, at an additional salary, porterof Insurance Department, who draws from that departmentsalary regularly appropriated by the Legislature ........ 571

Legislature has authority to enact charter of city, subject* toratification by voters of city......................... . 580

Member of Legislature, after resignation, not disqualified toaccept appointment to another office, appointment to whichis subject to confirmation by the Senate ................ 587

CONSTRUCTION OF LAWS.Anti-nepotism law..................................107 to 114Anti-trust law....................................116 to 134-Anti-pass 14w.....................................136 to 149Of laws governing the issuance of bonds, and general bond

matters ..................................... 152 to 185Depository law....................................188,to 202Land Laws ...................................... 332 to 375Election laws .................................... 204 to 241Fee bill, and relating to fees of officers ................ 244 to 268Insurance and Banking laws ........................ 270 to 329School land laws..................................332 to 375Drainage district law............................152, 154, 158Bank Guaranty law............. .286, 287, 291, 295, 314, 494, 596Fire Rating Board law........................... 303, 309, 551Railroads, opinions affecting, etc..................... .378 to 401Tax laws, and matters of taxation................... 404 to 439Inheritance tax law.................... ........ 434Text book law.......................................... 442Jury wheel law....... .................................. 454Game laws ...................................... 480, 549, 579Liquor law................................492, 500, 573, 584Confederate pension law..............................509, 512M edical law............................................. 523Appropriation for enforcement of all laws .................. 524Pure food law . .......................................... 528Stenographer's law...................................539, 541Sixteen-hour law.... .................................... 552

CONTRACTS.Effect of anti-trust law upon contracts of labor unions with

merchants ......................................... 129Contract between railway company and casualty company, en-

tered into in 1903, to run for two years, and thereafter tobe renewed yearly by mutual consent of parties, is not a pre-existing contract as applied to Anti-Pass Law, enacted in1907 ..... ....................................... 139

A State bank, which is a State Depository, may convert itself intoNational* bank, without affecting the obligation of contractwith State as State Depository......... . . . . . .. . .188

County depository cannot transfer its contract to another bank. . 197Impairment of obligation of .............................. 551

CORPORATIONS (see "Banking." "Insurance Companies--).Merger of Insurance Companies unlawful.................... 132


Stock can not be issued except for money paid ............ .289, 528Foreign; permit fee, based upon capital invested within the State 294Banking corporation can not transact business not authorized by

its charter ......... ................... ............ 306Title guaranty company is an insurance company, and should

file charter with Commissioner of Insurance............. .311Reduction of capital stock; assignment of interest in char-

ter .................. *.. ........ ... 319, 567Capital of all insurance companies must be fully paid before such

companies are entitled to certificate authorizing them to dobusiness in Texas.................................... 327

Transfer of public school land to corporation has legal effect offorfeiture, terminating title of original individual purchaser 340

Can not purchase school land or be made substitute pur-chaser ........................................ 354, 373

A corporaion, without express statutory authority, has no powerto enter into a contracr as surety or guarantor and lend itscredit to another corporation. The charter of a corpora-tion is the measure of its powers....................... 386

It is not a violation of the laws of this State for agents to solicitsubscriptions to capital stock of foreign corporations whichhave not a permit to do business in Texas............... 389.

Franchise tax of, fixed by reference to amount of capital stockof corporation ...................... ..... .......... 414

Franchise tax; domestic corporation; penalty for failure to pay;reinstatement, etc....... ............................ 424

Object or purpose of corporation must be one of those authorizedby statute ......................................... 474

"Telegraph lines" construed to mean "telephone lines," andmaximum permit fee for foreign telephone company is$10,000 ........................................... 496

A share of stock can not be divided into different parts and soldto separate individuals................ .... 530

Married woman may Jegally become stockholder in State bank,but not a director.................................... 552

What corporations must hle Prticles with Secretary- of State .... 569

CORPSE.Transportation of, etc................................... 144

COUNTY ATTORNEY.Commissioners court has no authority to employ, etc., by special

contract, to collect dehnquent taxes due county and State. . 256One person can not hold offices of deputy county attorney and

deputy county surveyor...................... ........ 442Can not legally serve as school teacher while serving as county

attorney .......................................... 486Bondsmen of, not responsible for return of money paid as ex

officie salary ... ............. .... ............. 486

COUNTY BONDS.Approved ........... .................................. 72

COUNTY AND DISTRICT CLEEKS.Separation of offices of, whn.... ......................... 217

COUNTY DEPOSITORY. (See "Depositories.")

COUNTY FUNDS.What funds may be transferred; how invested; interest and

sinking fund for redemption of bonds................... .478

COUNTY ,JUDGE.Not entitled to fee of 03.00 in trial of delinquent children, etc. . . 247


I.NDEX . 611

612 INDEX.

COUNTY SCHOOL LANDS.Where road across county school land has been in constant use

under the authority of the commissioners court for a periodof ten years, being regularly worked by its authority, havinghands apportioned to it, held under open adverse claim inpossession for that length of time, it becomes a public roadby prescription ...................................... 363

Commissioners court hasn't the authority to pay an agent for thesale of the county's school land out of the proceeds of sale,etc. May contract to pay him out of general revenue ofthe county ............... .......................... 372

Commissioners court may lease and give option; and such, con-tract of lease and option is binding on commissioners court,except for fraud..................................... 536

COUNTY TREASURER.Can not legally draw check against funds of county unless there

are sufficient funds to credit of account against which itis drawn ........................................... 478

CRIMINAL CASES.R eport of.............................................. 39Report of Clerk, Court Criminal Appeals .................... 92

CRIMINAL STATISTICS.Report of ................................................. 95

DEAF AND DUMB INSTITUTE.Appropriation for ............................... 531

DELINQUENT TAXES (see "Taxation.")

DEPOSITORIES.A State bank which is a State depository, may convert itself

into National bank, without affecting the obligations of con-tract with State or State Depository ..... ........ 188

Old depository has sixty days within which to turn over to newdepository funds of the county......................... 192

Commissieners court can not legally accept bid for county'sfunds, waiving interest on proceeds of sale of bonds kepton hand by County Depository until expiended by said courtfor the purpose of their issuance....................... 194

Can not transfer contract to another bank.................. 197N Commissioners court may revoke order granting original

contrict . ........................................... 197Proceeds of the sale of bonds must be placed with, etc .......... 197

DISTRICT ATTORNEYS.Fiscal year begins December 1st; shall be allowed such propor-

.tionate part of maximum allowed as the time of his service,as such officer, bears to the entire year ................. 248

Not chargable with excess funds drawn by his prededessor, butComptroller must look to officer who drew excess of fundsfor replacement of same............................. 249

Commissioners' court has no authority to employ, etc., by specialcontract, to collect delinqent taxes due county and State. . 256

Habeas corpus: In all cases where there is an actual trial orhearing, is entitled to fee, etc......................... .354

DISTRICT JUDGES.Court stenographer required to perform services under direction

of etc....... ................... ................... 541Granting of writ of habeas corpus, within the discretion of, etc. . 554Exchange of districts................................. 521, 547


DRAINAGE DISTRICT LAW.Bonds of, approved...................................... 84Act of 1907 defective; refusal of department to approve bonds

issued thereunder. .................................. 152Bonds upon which the Attorney General has heretofore issued his

certificate of approval are valid, nothwithstanding an irregu-larity in law, etc .......... * ........................ 154

Where petition to commissioners court does not contain necessaryallegations prescribed by said law to fix jurisdiction uponsaid court to act, all subsequent proceedings are void ...... 15S

ELECTION LAW.Notice of special election for State Senator must be given, though

it be held on same day of general election.............. 204City executive committeemen shall serve until successors are

elected; disqualifications of. etc........................ 205Special election for State Senator: provision of law that twenty

days notice be given not mandatory, provided voters haveactual notice'of such election.......................... 211

Candidates for Representative (a district office), may be as-sessed a greater sum than $1.00 for election expenses.... 215

It is beyond the power of county executive committee to deter-mine that candidates for Representative (a district office),shall be elected otherwise than by plurality vote......... .215

County entitled to elect tax collector separate from sheriff, when;county and district clerk .......................... .217, 220

Candidate for district office required to have application to havename placed upon ballot in the hands of the proper officerwithin time prescribed by law; transmission by mail, whererequest fails to reach chairman, not sufficient compliance toget name upon ballot........................... 224

Vacancy, in office to be filled by election; vacancy in nominationto be filled by executive committee..................... 226

Same ballot boxes can not be used in Democratic primary electionand for special election to fill vacancies in Legislature. . . . 228

Effect of filing request for name to be printed on ballot by cand"-date, with party who held himself out to the public, and wasrecognized by the p blic, as district chairman. ........... 229

Where county executive ommirtee makes assessment against acandidate and requ sts that he have such assessment intheir hands by the f urth Monday in June, and such candi-date fails to meet this requirement of the committee, butdoes forward same prior to meeting of primary committee, isentitled to have his name placed upon official ballot...... 2213

Special election to fill vacancy in Congress........... . .. .* 239Supervisors, challengers, no provision for, in party primaries;

one-fifth number of candidates may choose two supervisons:and voter may challenge, when and how................ .240

ENFORCEMENT OF ALL LAWS.Expenditures ............................................ 16

FEE BILL, (see "Fees of Officers.")Construction of; fees of tax collector and assessor for independent

school districts ........................... ..... 244Construction of; basis for determining whether a county comes

under Fee Bill in number of votes cast at preceding presi-dential election, etc..... .............................. 259

FEES OF OFFICERS.Anti-Nepotism law applicable to officers who have absolute

ownership in'fees, etc................................ 107Where school district designates county tax assessor and collector -

to assess and collect taxes of district, fees therefor should betreated as fees of office and accounted for under Fee Bill. . 2'44

Fees not collected during fiscal year should be reported as de-


INDEX. 6113

614 INDEX.

linquent ........................................... 244County judge not entitled to fee of $3.00 for each trial of de-

pendent or delinquent children, as in criminal cases ...... 247Of district attorney...................................248, 249District attorney not chargeable with excess funds drawn by his

predecessor, but Comptroller must look to officer who drewexcess of funds for replacement of same............... 249

Of sheriff, attachment out county witnesses.................. 251Of tax collector in issuance of poll tax receipts and certificates of

exemption .......................................... 265

FIRE RATING BOARD LAW.Applies to such insurance companies -as insure against loss by

fire only, and not to marine and inland insurance companies 303If a fire insurance company extends credit to customers, must

extend to all alike; agent has no authority to extend creditto insured beyond term of credit provided for in basisschedule .. ......................................... 309

Insurance companies which do strictly a marine and automobilebusiness not subject to provisions of, etc............... 316

Member of Legislature, at its session which create Fire RatingBoard, not eligible to appointment to................... 486

Contruction of; impairment of obligation of contracts......... .551Board may employ, at an additional salary, porter of Insurance

department, who draws through that department salary reg-ularly appropriated ................................... 571

FRANCHISE TAX.Of Fraternal Beneficiary Associations is fixed by reference to

amount of capital stock of corporation.................. .. 414Corporations chartered under Subdivision 2, Art. 642, R. S., and

having no capital stock, not required to pay, etc......... .414Of domestic corporations; penalty for failure tq pay; rein-

statement .......................................... 424

FRATERNAL BENEFICIARY ASSOCIATIONS.Payment of benefits must legally be contingent upon death or dis-

ability of member to whom certificate may be issued, andcan not legally be coitingent upon death or disability ofany other person.................................... 279

Commissioner authorized to issue certificate of authority to com-panies organized under laws of other States, etc.; but nottb companies organized under laws of this State .......... 281

Examination prior to issuance of permit to foreign, etc ......... 318Franchise tax of, is fixed by reference to amount of capital stock

of corporation ....................................... 414

GALVESTON CAUSEWAY.Contracts for lease of must be ratified by Legislature, and ap-

proved by Railroad Commission....................... 378

GAME LAWS.Construction of ....... .......................... 480, 549, 579Game killed in Mexico may be transported into Texas .......... 549

GOVERNOR.Is without authority to direct an exchange of districts by District

Judges ......................... .................. 521May revoke pardon procured by false and fraudulent repre-7 sentations ..... ................................... 575

GROSS RECEIPTS TAXES. (See "Occupation Taxes.")

HABEAS CORPUS.Granting of writ wiu~lin diacretion of District Judge .......... 554


In all cases where there is an actual trial or hearing, DistrictAttorney is entitled to fee............................ 554

INDEPENDENT SCHOOL DISTRICTS.Bonds of, approved ................... ......... ........... 77Where city, in 1889, voted school bonds, and afterwards city

assumed control of its schools, thereby becoming an inde-pendent school district, redeeming bonds previously issued,leaving excess fund collected as interest and sinking fund forsaid bond issue, the board of tru tees and not the city, is en-titled to the use of said fund, the same to be expended forlike purposes as original issue.......................... 157

Tax rate need not be specified in District tax collection; contra,in case of common school districts..................... 171

INHERITANCE TAX.An estate of less value than $500 not subject to, etc. In comput-

ing a tax due from an estate of greater value than $500,said amount of $500 should first be deducted from totalvalue .................................... ......... 434

INSURANCE AGENTS.Soliciting business for unincorporated association, not required

to hold certificate from Insurance Commissioner, etc..... 285

INSURANCE CHARTERS.Approved ............................................ 70, 71

INSURANCE COMPANIES.Merger of, unlawful, etc.. ................................ 132No statute authorizing formation of corporation for the purpose

of insuring corporations and individuals employing laboragainst loss for liability for negligent acts resulting ininjury to employes and others......................... 270

Acts prescribing occupation taxes of, etc., construed .......... 275Certificates of authority to do business in this State; may be

revoked, when, etc.......... ; . ....................... 282Stock can not be issued except for money paid................. 289Foreign, etc., may be granted pernit to do loan or investment

business only; permit fee based upon capital invested withinthe State . . . . ........................... .. . . 294

Shall not issue policy containing special or board contract, orsimilar provision; Survivorship Fund, etc. . . . . .. 2,97

Foreign, Fire Insurance Company; indemnity bond to be filedby, etc., based on premium receipts of preceding year; nopart of commissioner's duty to furnish surety with evidenceof cancellation of indemnity bond or release from liability.. .302

FiraRating Board Law; said law applies to such insurance com-1)anies as insure against loss by fire only, and not to marine,and inland insurance companies........................ 303

If a fire insurance company extends credit to its customers, mustextend to all alike...................... ....... ... . 309

Title guaranty company is an insurance company, and should filecharter with Commissioner of Insurance and Banking ...... 311

Which do strictly a marine and automobile business not subjetto provision of Fire Rating Board Law .... I....... ...... 316

Reduction of capital stock; assignment of interest in charter.319, 323Foreign fire insurance company which has reinsured- Texas Ma-

rine risks in conpanies which have no authority to do busi-ness in Texas, has violated law, and renewal of permitshould be refused for one year ........................ 322

Capital must be fully paid before authorized to do business Inthis State............................................ 327


INDEX. 615

INDEX.

INTEREST AND SINKING FUND.Disposition of excess, etc., after redemption of bonds .......... 157Of county bonds, how invebted............................ 478

INTOXICATING LIQUOR. (See also "Liquor Dealer.")Whether hard 'cider is an intoxicant is a question of fact. If an

intoxicant and it is sold in local option territory, felonyprovision of law will apply............................ 433

Not a violation of Sunday law for a bona fide club to dispenseliquor to its members, such clubs not coming within theterms "Merchant, Grocer, or dealer in wares or merchan-dise, or Trader," etc................................. 451

Construction of liquor law ........................ .492, 500. 573Tax collector should refuse to issue licenses unless law is.com-

plied with ......................................... 584Druggists exempt from provisions of law, except payment of tax

im pos .d ........................................... 584 .

J UINAL CLERK.Is without authority to change in any respect printed-joirnals of

either House of the Legislature........................ 490

JURY WHEEL LAW.Manner of drawing jurors; replenishing wheel with names..... .454

.IESTICE OF THE PEACE.Justice Precinct entitled to elect two Justices only when said

precinct contaiiis a city of 10,000 population............ 532

LABOR.Effect of Anti-trust Law upon contracts of labor unions with

merchants ......................................... 129Railroads required to erect and maintain car sheds for the protec-

tion of employes in inclement weather................. 397Child labor: Meaning of word "employ" owner or his agent or

"employe," in control of the operation of mill, factory, etc.,guilty of violating law by permitting children to labor insuch mill. factory. etc; exemptions...................... 544

Sixteen-hour Law, construction of ......................... . 552

IAND OFFICE.Without act of Legislature authorizing i.t. would be illegal to re-

move archives. papers, etc.. of General Land Office to capitolbuilding. ... ......................................... 493

LAND SUITS.Report of .............................................

LjEcTSLATURE.Speaker of House, and members of, come within inhibition of

Anti-Nepotism Law.................... ............ 112Has authority to pass act authorizing Penitentiary Board to issue

bonds to complete State railroad...................... 160Notice of special election for State Senator must be given, though

it be held on same day of general election............... 204Special election for State Senator: provision of law that twenty

days notice be given not mandatory, provided voters haveactual notice of such election......................... 211

Office of Representative is a district office, whether composed ofone county or a greater number of counties.............. 215

Same ballot boxes can not be used in Democratic primary electionand for special election to fill vacancy in Legislature...... 228

Member of. has authority to make appointments to StateNormals, notwithstanding he has tendered to Governor hisresignation and same has been accepted, he being a member


Q6($

INDEX. 617

of the Legislature until his successor has qualified ........ 444Appointment of clerks of criminal district courts, Galveston and

Harris counties, not required to be confirmed by the Senate 458Can not delegate Legislature authority to State Board of Health

in the promulgation of a sanitary code to have the force andeffect of law......................................... 461

Has authority to make appropriation for the erection of monu-ments or statues, within or without this State, in memory ofdistinguished citizens or soldiers...................... 473

Legislature had authority to provide that committee should becomposed of members of House and Senate, to act after finaladjournment of Legislature: Speaker of House and Lieu-tenant Governor may make appointments during session. .. 482

Suit against the State can not be maintained without consent of,etc. ........ ............. 485

Member of, not eligible to hold of* created by session of, ofwhich he was a member.............................. 486

Can not enact statute creating county court in all counties inState having therein city of designated population, whenthere is only one county in State in which said Act would beoperative, and when no local notice has been given........ 488.

Journal Clerk is without authority to change in any respectprinted journals of either -louse of Legislature .......... 490

Archives, etc., of General Land Office can not be removed toCapitol Building without authority of Legislature........ .. 49 3

When a quorum is shown to be present, it only requires a vote offour-fifths of those present to suspend rules requiring billsto be read on three several days....................... 360

M1ember of, after resignation, not disqualified to accept appoint-n-ent to another office, appointment to which is subject toconfirmation by Senate................................. 587

LEVEE IMPROVEMENT DISTRICTS.Bonds approved ........................................ 84

LIQUOR DEALER.Gross receipts tax of wholesale dealer................... 40.Gross receipts occupation tax statute not applicable to retail

dealer .. ............................................ 405Required to pay tax based upon report of any and all sales made

within State, whether shipped to points within or withoutthe State .......................................... 419

Disposition of stock after adoption of local option............ ... 576Agreement between, etc.. not to sell beer to one guilty of violai-

ing Sunday Law, unlawful. etc........................... 130

LOCAL OPTION.Whether hard cider is an intoxicant is a question of faci : if an

intoxicant and it is sold in local option territory, felony pro-visions of law will apply.............................. 433,

Disposition of stock of dealer after adoption of, etc....... .576

LOTTERY. ...... ... ...W hat is, etc............................................ 44s

MANDAMUS SUITS.Report of ............................................... 52-56

MARRIED WOMAN.May legally become stockholder in State bank, but not a director 552Not elegible to hold office of county superintendent because of

disability to bind herself by bond: feme sole may hold saidoffice ...... ....................................... 571


618 INDEX.

MATRIMONY.British Consul may solemnize' marriage contracts under Texas

law ............................................. 594

MEDICAL BOARD.Where Medical Board loses in a suit involving construction of

Medical Law, said Board is liable for costs incurred....... .516Individual members composing Board not liable.............. 516

MEDICAL LAW.Construction of......................................... 523

MISCELLANEOUS SUITS.R eport of.............................................41-52

MONEYS COLLECTED.Report of ............................................ 66-68

NAVIGABLE STREAMS.What are, etc.; sand and gravel in, are property of State.... 343, 344A survey across, etc., is illegal; State has reserved title to chan-

nels and beds of, etc................................ 361County school lands, roadway across, etc., by long continued use,

etc., becomes a public road by prescription ............... 363NAVIGATION DISTRICTS

Bonds approved........................ ................ 85

NOTICE OF ELECTION. (See "Election Law.")

NURSERY STOCK.Certificate of Inspection no4. required to be placed upon each

bundle of, etc., consigned, but only upon each box or bale. . 446

OCCUPATION TAXES. IOf Insurance Companies, coustrued, ,...................... .. 275Canvasser for, and dealer in lightning rods .................. 404Gross receipts; wholesale liquor dealer ..................... 405Dealers in text books not roquired to pay tax when acting merely

a local agent; dealeis maintaining State agency requiredto pay............................................. 417.

Circuses ....................... . ........................ 418Liquor dealer required to pay tax based upon report of any and

all sales made within State, whether shipped to points withinor without the State................................. 419

Dealer in Roman candles, toy pistols, etc., not subject to tax;vendor of common crackers liable for tax............... 422

Peddlers of sewing machines, working upon salary, etc., notsubject to, etc.; dealerq or middlemen subject, etc....... .437

Druggists exempt from provisions of liquor law other than pay-ment of tax imposed................................ 584

OPINIONS.Report of.........................................107, 596

PARDON.Procured by false and fraudulent representation is void, and the

Governor has power to revoke, etc..................... 575

PENITENTIARY INVESTIGATION COMMITTE.Legislature had authority to provide that committee should be

composed of members of House and Senate, to act afterfinal adjournment of Legislature; Speaker of House andLieutenant Governor may make appointments during sessionof Legislature.....f................................ 482


INDEX. 619PENSIONS.

Act of 1909 construed.................................509, 512

PER1M1ANENT SCHOOL FUND.Board of Education authoiized to invest permanent school fund

in bonds of State railroad............................. 160Interest arising from, placed to credit of available school fund. . 478

POLL TAX.Vendor's lien prior to State's lien for, etc .................. 436

PRIMARY. (See "Election Law.")

PUBLIC PRINTING. ICommissioner of Agriculture not authorized to give contract for

printing bulletins of Department for distribution to anyother than the State Contractor....................... 549

PUBLIC SCHOOL LANDS.Forfeiture for non-payment of interest; payment, through mis-

4 take, being applied to other lands..................... 188Failure to file proof of occupancy within time prescribed by law. 332General rules prescribed by law for applications for surveys and

for purchase of unsurveyed public school lands apply to sur-veyed lands referred to in Section 2, Chapter 103, ActsTwenty-ninth Legislature, except, etc................... 334

Two or more parties may purchase jointly, home section, and insuch case, each joint purchaser would, under the law, beentitled to complement of additional land............... 336

Concurrent resolution for relief of purchasers of school landfrom effect of failure to comply with condition of occupancy,etc., repugnant to provisions of the Constitution......... .337

Act to "validate sales of real estate within this State heretoforemade by foreign executors of wills probated in any of theStates of the United States" criticized; vetoed by Governor 33S

Cancellation for non-settlement and non-occupancy ............ 339Transfer of, to Corprration has logal effect of forfeiture, ter-

minating title ol original individual purchaser ........ 340, 354I4orfeiturn terminates all liens by Stato for taxes............. .341liocomo subjoet to taxatjiion on January 1st next after filing in

General Land Office of application to purchase........... .341Manner and form of making payments to State............... .342Validating surveys; in a revision of laws, the incorporation

therein of a law enacted prior thereto is not a re-enactmentof said statute, but simply a continuation of said statutein force............................................ 346

Mineral lands; right to buy, etc., is reserved to prospector whofiles proper application. etc........................... 347

Purchaser must make settlement within 90 days; only exceptionin case of death................................348, 370

Commissioner can. not legally sell to county surveyor publiclands, whether surveyed or unsurveyed ................. 349

"'Public Lands" includes all public school lands belonging toState .............................................. 349

What affidavit of settlement must show..................... 350Purchaser is prohibited from selling any part of land prior to one

year from date of award of home tract................. 351Corporation can not purchase school land, or be made substitute

I purchaser, etc...................................354, 373Where original purchaser lives upon home tract only one year,

and transfers it to another, both original and substitutepurchasers having lived upon it the required length of time,additional land may he patented at any time............. 360

Survey across a navigable stream is illegal; State reserves titleItto channels and beds of, etc............................ 361

Whdre party applies for land as actual settler and it is awarded


to him and he, fails to settle and file in the General LandOffice his affidavit as required by law, the purchase oraward should -be counted against him when he applies tobuy other lands..................................... 367

Purchaser of school land, upon condition of settlement, maysell same after expiration of one year. Award datedJanuary 27, 1909, and sale made January 27, 1910, not.within inhibition of law................................ 371

Where applicant, under law of 1901, is awarded two sections ofland in a four-section county and two sections in an eight-section county, would these purchases, underthe circum-stances stated, be a bar from further purchase from theState? .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 374

PURE FOOD LAW.Construction of ......................................... 528

RAFFLE.W hat is, etc............................................ 448

RAILROADS. (See "Anti-Pass Law.")Suits reported (see index to suits) ............. ....... 29Legislature has authority to pass act authorizing Penitentiary

Board to issue bonds to complete State Railroad .......... 160Galveston causeway, lease of ,etc., lease does not suspend power

of alienation; contract for lease of, must be ratified. byLegislature and approved by Railroad Commission ........ 378

Freight rates; effect of decision of higher courts in case of Gal-veston Chamber of Commerce vs. Railroad Commission,known as Galveston-Houston Differential, reported, 115 S.W. Rep., 94, upon making of rates between other points andover other railroads ................................ 380

Charters approved .. ................................ 69, 70Texas & Pacific Coal Company would have no authority to guar-

antee the bonds, nor the right to acquire the stock of a rail-road company; a corporation without express statutory au-thority has no power to enter into a contract as surety orguarantor and lend its credit to another corporation. Thecliarter of a corporation is the measure of its powers..... 386

May grant reduced rates to State, County, City or Towngovernments ....................................... 391

Railroad Commission is without authority to grant special rateon cement to the T. & P. Railroad and its connections fromEagle Ford via Dallas, to Galveston, -such commodity to beused only in the construction of Galveston causeway; suchrate should extend to all shipments of such commodity, towhomsoever made, over the same lines of road......... .:.'91

Commissioners courts can not deny railroad right to constructtrack along the streets of an unincorporated town, but rail-way is liable to abutting owners for damages ............ 393

Required to furnish freight and passenger service on its lines,but not spur track; when railway constructs switch for ac-commodation of fr. ighters. required to furnish sufficientnumber of cars far transportation of freight when requestedto do so........... ................................ 395

Required to erect and maintain car sheds for the protection ofemployes in inclement weather........................ 397

RAILROAD COMMISSION.Contract for lease of Galvc.ston causeway must be ratified by the

Legislature and approved by, etc....................... 3 78Galveston-Houston Differential: Effect of decision of higher

courts in, etc. upon making of rates by Railroad Commis-sion between other ponuts and over other railroads ........ 380

Is without authority to grant special rate to the T. & P. Railroad


620) INDEX.

and its connections on cement from Eagle Ford via Dallas,to Galveston, for the purpose of being used only in the con-struction of the Galveston causeway. Such rate should ex-tend to all shipments of such commodity, to whomsoevermade, over the same lines of road .................... 391

Has power to prevent advancement of freight charges, draw-backs, etc ........ ................................ 399

RELIGIOUS WORSHIP.Tabernacle and such ground as is reasonably necessary for use

of building used by religious association is exempt fromtaxation .............. ............................. 424

REPRESENTATIVE. (See "Legislature.")

ROAD 1IPROVEMENT DISTRICTS.Bonds approved ....................................... 84

SAND AND GRAVEL.In bed of navigable stream are property of State .......... 343, 344

SCHOOL LAND (see "Public School Land.")

SCHOOL TEACHER.Trustee can not vote for, when............................ 109Trustee may vote for brother's wife's sister, as teacher ......... .111Can not legally serve as county attorney while serving as school

teacher ........................................... 486

SENATE. (see "Legislature.")

SHERIFF AND TAX COLLECTOR.Separation of officers, when ...... ................... .217, 220Fees and expenses of sheriff, in attachment of out-county wit-

nesses ............................................ 231

SIXTEEN-HOUR LAW.Construction of ......................................... .52

STATE BANK. (see "Banking.")

STATE DEPOSITORY. (see "Depositories.")

STATE NORMAL SCHOOLS.Member of Legislature has authority to make appointments to,

notwithstanding he has tendered to the Governor his resig-nation and same has been accepted, he being a member ofthe Legislature until his successor has qualified .......... 444

STENOGRAPHERS.Fees of, in what .cases collectible, etc....................... . . 39D uties of, etc.......................................... 541

SUNDAY LAW.Agreement between breweries and wholesale beer men not to

sell beer to any one guilty of violating the Sunday law, isviolation of the Anti-Trust law....................... 1340

Not a violation of law for a bona fide club to dispense liquor toits members, such clubs not coming within the terms "Mer-chant, Grocer or dealer in wares or merchandise, or Trader,etc............................................... 451

Shareholders of the stock of a banking corporation may le-gally become and be accepted as sureties upon indemnitybond given to protect depositors.................... .. .287


INDEX. 621

622 Ik1DEX.

No part of Insurance Commissloner's duty to fu*ish surety with,evidence of cancellation \of indemnity boid, or release 14 -libility thereunder..............................

SURVEYOR.Books and records of, when transcribed and certified to by OoAO -

missioner of the General Land Office, become permanentreords, etc., but there is no law authorizing them to"beused as evidence.................................X 518

TAXATION. (See also, "Occupation Tax," "Franchise Taxes.")Delinquent Taxes: Commissioners Court ha no authority to

employ County or District Attorney, by special conract,-tocollect delinquent taxes due. County and State............. 256

Public school land becomes subject to taxation on January, 1stnext after filing in General Land Office of application topurchase ........................................... 341

Abstract books and records compiled by abstractor for his per-soral use and benefit are personal property and' subject totaxation. ......................................... 410

Goods, ware and merchandise stored in warehouses in Texas fordistribution, and which are owned by foreign corporation,are subject to taxation..............................412

Places of religious worship: Tabernacle and such ground as isreasonably necessary for use of building used by religiousassociation is exempt from taxation.................... 424

Delinquent taxes: City of Fort Worth has authority under itscharter to employ assistant to assist City Tax Assessor todiscover and list for taxes omitted personal property here-tofore escaping taxation .............................. 429

Inheritance tax, computation of, etc........................ 434Delinquent taxes; Poll tax; all taxes, upon delinquency, become

a lien upon real estate, except that the homestead is sub-ject to lien only for taxes assessed against it; Vendor's lienprior to State's lien for poll tax ........................ 436

TAX COLLECTOR AND ASSESSOR.Where independent school district designates county tax assessor

and collector to assess and collect taxes of district, feestherefor should be treated as fees of offlice, and accountedfor under Fee bill................................... 244

Fees of Tax Colector in issuance of Poll tax receipts and certi-ficates of exemption................. ..... 265

Collector should refuse to issue license for sale of intoxicatingliquor, unless all the provisions of law are complied with. . . 584

TAX COMMISSIONER.Bond of, continues in force until expiration of term for which

he was originally appointed........................... 156TELEGRAPH COMPANIES.

"Telegraph lines" construed to mean "Telephone lines," Maxi-mum permit fee of, etc.............................. 496

TEXAS LIBRARY AND HISTORICAL COMMISSION.Appropriation for, etc...............................484, 496

TEXT BOOKS.Dealer in. not required to pay occupation tax when acting merely

as local agent; dealers maintaining State agency requiredto pay ............................................ '417

Privilege of Law (exchange of books), held to extend to bookdealers having on hand books used prior to adoption of1908 .............................................. 442


INDEX. 623

TITLE GUARANTY COMPANY.Is Insurance Company, and should file charter with Commis-

sioner of Insurance................................... 311

TRANSFER COMPANY.Railway Company may permit transfer agent to go upon its

trains for the' purpose of soliciting baggage, without vio-lating Anti-Pass Law................................ 141

TRUSTEE.Can not vote for teacher who is, by mariage, the uncle of his wife 109May vote for his brother's wife's sister as teacher ............ 111

VACANCY.In oflice to be filled by election; in nomination to be filled by

executive committee................................. 226Same ballot boxes can not be used in Democratic primary elec-

tion and special election to fill vancies in Legislature ...... 228Special election to fill vacancy in Congress................... 239

WARRANTS.Commissioners Court may issue, subject to limitation herein for

purpose of constructing court house and jail............. 181School district entitled to have its warrant paid, when warrant

is properly drawn and money in Depositor ,yprovided ifsuch warrant will not exceed amount apportioned to suchschool district...................................... 558

WITNESSES.Out County, fees of, etc................................. 246May properly claim fees, regardless of whether they have been

compensated as such, in another case during same termof court........................................ . 254


Documents

Index to Opinions from the 1908-1910 Biennial Report from the … · 2019-03-04 · Railway company can not legally furnish free transportation to parties who are not bona fide employes