512 HOUSE JOURNAL

TWENTY-SECOND DAY

!Monday, February 22, 1943)

The House met at 10:00 o'clock a. m., pursuant to ad3ournment, and was called to order by Speaker Daniel.

· The roll of the House was called, and the following Members were present:

Mr. Speaker Allison Avant Baker Bell of Dewitt Bell of Bexar Benton Blankenship Bond Bridgers Brown Bundy Burkett Callaway Carlton Carrington Cato Chambers Chessher Clark Coker Colson, Mrs. Connelly Craig Cross Davis

of McLennan Davis of Kendall Deen Donald Dove Duckett Dunn Dwyer Ellis Favors Fenley, Mrs. Flies, Miss Fitzgerald Fuchs Gandy Gardner Garland Geraughty GU mer Goodman

Of Midland Goodman

of Tarrant Halsey Hanna Harris

Hartzog HetPTnstlll Hileman Hobbs Hoyo Huddleston Huffman Hull Humphrey Hutchins Isaacks .Jones Kinard King Kirby Kllngeman Knight Lansberry La~seter Lehman Leonard Little Lock Love Lucas Manford l\Iangum Manning Markl.i Mills Montgomery Moore of Harris Moore of Fannin Moore

of Comanche Morgan Morse Murray McAllster McFarland McLellan McMurry Nicholson Overton Parker Parkhouse Phillips Pigg Power Price Proffer Rampy

Ramsey Reed Rhodes Ridgeway Roark Sadler Sallas Senterfltt Shell Simpson Smith of Bastrop Smith

of Atascosa Smith

of Jefferson

Stanford Stinson Stubbs Bulter, MiBB Summers Svadlenak Voigt Walker Walters Westbrook Whitesides Wllliamson Winfree Wood Young

A bsen t-Excuaed

Brawner Celaya Eubank Evans Flewellen Green Howard Hutchinson Leyendecker Lyle Matthews

Mc Cann McDonald McGlasson McNamara Parton Pruett Sharpe Spacek Vale Wattner

A quorum was announced present.

Prayer was o1fered by Rev. George W. Coltrin, Chaplain, as follows:

"Almighty God, we thank Thee fOr him whom we call 'the Father of our Country,' the anniversary of whose birth we have reached again today. We praise Thee for the heaven-born prlnclplee· which he loved, and for which he lived and fought. May we emulate his virtues, and prize and protect the foundations of our coun­try which he and others so nobl7 laid. In Jesus' name. Amen."

LEAVES OF ABSENCE GRANTED

The following Members were granted leaves of absence on account of important business:

Mr. McCann for toda7 on motion of Mr. Senterfttt.

Mr. Howard fo1· today on account of Important olrlcial State business on motion of Mr. Stinson.

Mr. Flewellen for today on motion of Mr. Burkett.

Mr. Sharpe for yesterday and today on motion of Mrs. Fenley.

February 22, 1943 HOUSE JO URN AL 513

Mr. Vale for today on account of Important State busines"B on motion Of Mr. Phillips.

Mr. Celaya tor today on account ot Important State business on mo­tion of Mr. Mangum.

Mr. Brawner tor today on motion of Mr. Mille.

Mr. Waltner tor today on motion of Mr. Rampy.

Mr. Evans tor today on motion of Mr. Morgan.

Mr. Spacek for today on motion of Mr. Morgan.

Mr. Pruett tor today on motion of Mr. Morgan.

Mr. McDonald tor today on motion of Mr. Bridgers.

The following Members were granted leaves of absence on account of Illness:

Mr. Green tor today on a~count of Illness in his family on motion of Mr. Gandy.

Mr. Leyendecker for today on mo­tion of Mr. Goodman of Midland.

AUTHORIZING CORRECTIONS IN BILLS

Mr. Gilmer asked unanimous con­sent that the Engrossing Clerk be permitted to amend the caption of House Bill No. 153 to conform to the body of the bill.

Mr. Kinard asked unanimous con­sent to amend the caption of House Bill No. 56 to conform to the body of the bill.

Mr. Chambers asked unanimous consent that the Engrossing Clerk be authorized to change the population brackets In House Bill No. 147, so as to Include only Brown County and to amend the caption to conform to the body of the bill.

Mr. Chambers asked unanimous consent that the Engrossing Clerk be authorized to change the popula­tion brackets In House Bill No. 148, ao as to Include only Brown County and to amend the caption to conform to the body of the bill.

17-J'our.

Mr. Manford asked unanimous consent that the Engrossing Clerk be authorized to add an emergency clause to House Bill No. 206, and to amend the caption to conform to the body of the bill.

Mr. Goodman of Midland asked unanimous consent that the Engross­ing Clerk be authorized to correct the ca.pt!on of House B!ll No. 146.

Mr. Goodman of Midland asked unanimous cons·ent to amend the caption of House Bill No. 14 5 to con­form to the body of the bill.

There was no objection otrered and it was so ordered.

CORRECTION OF HOUSE BILL NO. 171

On motion of Mrs. Fenley by unan­imous consent the Engrossing Clerk was authorized to correct certain typographical errors in House Bill No. 171, and to amend the caption to conform as follows:

Amending H. B. No. 171 by strik­ing out Section 1 and Inserting in lieu thereof the following:

"Section 1. ThPt Article 7005, Chapter 7, Title 121 of the Revised Civil Statutes of Texas, 1925, as amended, be so amended as to here­after read as follows:

"Article 7005. The Counties of Anderson. Angelina, Aransas, Archer, Arm•trong, Atascosa, Austin, Ba.Hey, Bandera, Bastrop, Bee, Bell, Bexar, Borden, Bowie, Bosque, Brooks Bra­zoria. Brazos, Bre\\"ster, Brovvn. Bur­leson, Burnet, Caldwell, Callahan, Calhoun, Camp, Carson, Cass, Cham­bers, Cherokee, Childress, Clay, Cochran, Coke, Collin, Collingsworth, Colorado, Comal, Comanche, Cooke, Coryell, Cottle, Crockett, Crosby, Culberson, Dalham, Dallas. Delta. Deaf Smith, Denton, Dewitt, Dickens, Dimmitt, Donley, Eastland, Ellis, El Paso. Erath, Falls, Fannin, Fayette, .Floyd, Foard, Fort Bend, Franklin, Freestone, Frio, Galveston, Garza, Gillespie, Goliad, Gonzales, Gray, Grayson, Gregg, Grimes, Guadalupe, Hall, Hamilton, Hansford, Hardeman, Harris, Harrison, Hartley, Hays, Hemphill, Henderson, Hidalgo, Hill, Hockley, Hood, Hopkins, Houston, Howard, Hudspeth, Hunt, Hutchin­son, Irion, Jackson, Jack, Jasper, Jeff

514 HOUSE JOURNAL

Davis, Jim Hogg, Johnson, Karnes, Kaufman, Kendall, Kenedy, Kleberg, Knox, Kinney, Lamar, Lamb, Lam­pasas, Lavaca, Leon, Limestone, Lips­comb, Live Oak. Llano, Loving, Lub­bock, Lynn, Madison, Marlon, Mason, Matagorda. Maverick, Medina, Mc­Lennan, Midland, Milam, Mills, Mon­tague, Montgomery, Moore, Morris, Motley, Nacogdoches, Navarro, New­ton, Nueces, Oldham, Orange, Palo Pinto, Panola, Parker, Parmer, Pe­cos, Polk, Rains, Randall, Reagan, Red River, Refugio, Robertson, Rockwall, Rusk, Reeves, Sabine, San Augustine, San Patricio, Schleicher, Shelby, Smith, Shackelford, Somer­vell, Starr, Scurry, Stephens, Sterling, Tarrant. Terrell, Terry, Throckmor­ton, Titus, Tom Green, Trinity, Tyler, Uvalde, Upshur, Upton, Val Verde, Van Zandt, Victoria, Ward, Washing­ton, Wharton, Wheeler, Wilbarger, Willacy, Williamson, Wilson, Wise, Winkler, Young, Zapata, and Zavala are hereby exempted from the pro­visions of this Chapter, and from all" laws regulating the inspection of hides and animals."

Amend H. B. No. 171 by striking out "Sec. 2" of Article 7008 and In­serting in lieu thereof the following:

"Sec. 2. Provided this Act does not apply to the following Counties in Texas: Anderson, Andrews, Ange­lina, Aransas, ;Archer, Armstrong, Atascosa, Austin, Bailey, Bastrop, Bandera, Baylor, Bee, Bell, Bexar, Blanco, Borden, Bosque, Bowie, Bra­zos, Brewster, Briscoe, Brown, Bur­leson, Burnet, Caldwell, Calhoun, Callahan, Camp, Carson, Cass, Cas­tro, Chambers, Cherokee, Childress, Clay, Cochran, Coke, Coleman, Colo­rado, Collin. Collinsworth, Comal. Comanche, Concho, Cooke, Coryell, Cottle, Crane, Crockett, Crosby, Cul­berson. Dallam, Dallas. Dawson, Deaf Smith, Delta, Denton, Dewitt, Dick­ens, Dimmitt, Donley, Eastland, Ec­tor, Edwards, Ellis, El Paso, Erath, Falls, Fannin, Fayette, Floyd, Foard, Fort Bend, Franklin, Freestone, Gaines, Galveston, G111esple, Glass­cock, Goliad, Gonzales, Gray, Gray­son, Gregg, Grimes, Guadalupe, Hale, Hall, Hamilton, Hansford, Harde­man, Hardin, Harris, Harrison, Hartley" Haskell, Haye, Hemphill,

Henderson. Hill, Hockley. Hood. Hon­kins, Houston, Howard, Hudspeth, Hunt, Hutchinson, Irion, Jack, .Jack­son, Jasper, Jeff Davis, Jefferson,

Johnson, Jones, Karnes, Kaufman, Kendall, Kent, Kerr, Kimble, King, Kinney, Knox, Lamar, Lamb, Lam­pasas, Lavaca, Lee, Leon, Liberty, Limestone, Lipscomb, Live Oak, Llano, Lubbock, Lynn, Marlon, Mar­tin, Mason, Matagorda, Maverick, Medina, Menard, Midland, Milam, Mills, Montgomery, Moore, Morris, Motley, McCulloch, McLennan, Na­cogdoches, Navarro, Newton, Ochil­tree, Oldham, Orange, Palo Pinto, Panola, Parker, Parmer, Pecos, Polk, Potter. Presidio, Rains, Randall, Reagan, Real, Red River, Reeves, Refugio, Roberts, Robertson, Rock­wall, Runnels, Rusk, Sabine, San Augustine, San Jacinto, San Patri­cio, San Saba, Schleicher, Scurry, Shackelford, Shelby, Sherman, Smith, Somervell, Stephens, Sterling, Stone­wall, Sutton, Swisher, Tarrant, Tay­lor. Terrell, Terry, Throckmorton, Titus, Tom Green, Travis, Trinity, T:.·ler, Upshur, Upton, Uvalde, Val Verde, Van Zandt, Victoria, Walker, Waller, Ward, Washington, Whar­ton, Wheeler, Wichita, Wilbarger, Wilson, Williamson, Winkler, Wise, Wood .. Yoakum, Young, and Zavala."

CONCERNING H. B. NO. 374

By unanimous consent of the House, Mr. Pigg was authorized to withdraw his name from H. B. No. 374, as a co-author of same.

ADDITIONAL SIGNERS OF BILLS

By unanimous consent of the House the following Members were authorized to sign bills as co-authors of same as follows:

Mr. Cato: H. B. No. 19.

Mr. Whitesides: H. B. No. 387.

Mr. Donald: H. B. No. 367.

ADDRESS BY HON. JOE C. HUMPHREY

On motion of Mr. McMurry the fol­lowing address by Hon. Joe Hum­phrey, addressing the HouRe on per­sonal privilege, was ordered printed in the Journal.

Mr. Speaker, Ladies and Gentlemen of the House. This Is my first time during the

Forty-seventh or Forty-eighth ses­sions of the Legislature to speak under the right of personal privilege.

February 22, 1943 HOUSE JOURNAL 515 I

Two hundred and eleven years ago: Sir: I am directed by the Senate· today, there was born In this coun- to inform the House that the Senate: try a gentleman, whose birthday we has passed: are celebrating today. Yes, this gen­tleman was George Washington.

Ever)' man and woman, boy and girl In America today will probably think of the memory of George Washington; however, we will not all remember him in the same way. Each of us will recall the memory or George Washington In a different way. Under our American system of government each of us enjoy such a privilege.

S. B. No. 9 2, A bill to be entitled "An Act to repeal House BiIJ No. 12, Acts of the First Called Session of the 45th Legislature of the State of Texas; providing for the disposal of State owned jacks and stallions; and the payment of expenses incurred in connection with such disposal; pro­viding for the transfer of fees and declaring an emergency."

Some of us will think of Mr. Wash- S. B. No. 5, A bill to be entitled !ngton from the standpoint of his in-' "An Act to prevent fraud in the sale dustry. He was truly a man of toil of agricultural Insecticides and fun­and labor; he knew what it meant to gkide products by providing for the earn one's bread by the sweat of his IJJ·ancling or labeling of the products brow. sold under this Act and prohibiting

Others of us will think of him from the adulteration, misbranding or lnis­the standpoint of his escapades. He I representation of agricultural insec­was a gentleman who enjoyed the ticide and fungicide products; defln­llghter pleasures of life; he knew ing certain words, terms and phrases; how to relax and play. j providing for the registration with

Still others of us wlll recall bis the Commissioner of Agriculture; state papers and documents, which I providing ror the examination of ag­declare his philosophy of life. Cer- rlcultural insecticide and fungicide tainly he has colored, in a very products by the State Chemist, etc.; marked way, the entire thinking of· and clP.claring an emergency." our American people. He was truly one of the rounding fathers of our S. B. No. 129, A bill to be entitled American way of life. "An Act limiting the hours of labor

Others will remember Washing-, and prescribing wages for overtime ton as a great leader, both in state I labor of female employees employed and military matters. Not only was in anv factory, mine, mill, workshop, he a great leader in the domestic nnd [ mech;.nical or mercantile establish­foreign affairs of his day, but he was ment, hotel, restaurant, rooming truly one of the great military men [ ]lou•r. theater. movini; picture show, of his day. • barber shop, road side drink and I or

Ladles and gel\tlemen of the 1 food vending establishment, tele­Hoilse on this 22nd day Of February, I gram. telephone or other office, ex­whether we remember Washington press or transportation company, or for his industry. his escapades, his an~· State institution. or any other philosophy or his leadership, let us establishment. institution or enter­not forget what Washington might prise where females are employed, advise both Americans and Texans to any laundry, or cleaning and press­do on his birthday. If Washington Ing establishment, any factory en­could speak from his tranquil tomb gaged in the manufacture of cotton. at old Mt. Vernon during these woolen or worsted goods or articles tragic days of world strife, I believe of merchandise manufactured out of that we could hear him say "Work cotton goods, etc.; and declaring an diligently today and tomorrow: do emergency." not celebrate too much while so many Respectfully, are sacrificing and suffering in order BOB B,A.RKER, thin America may continue to grow Secretary of the Senate. to be a greater people In the tomor-row than she is even today." OATH OF OFFICE ADMINISTERED

MESSAGE FROM THE SENATE Austin, Texas, February 22, 1943.

Hon. Price Daniel, Speaker of the House of Representatives.

The Speaker announced that the Hon. Mark Halsey, Representative­elect of the l 19th Representative District was within the Bar of the Houae and would now be adminis-

516 HOUSE JOURNAL

tered the Constltutlona.1 oath of of­fice.

Mr. Halsey was escorted to the Speaker's rostrum by Messrs. Leon­ard, Reed. Sadler, Fil'zgerald and Clark.

The Constitutional oath of office was then administered to Mr. Halsey, by Speaker Daniel.

Mr. Halsey then addressed tbe House.

ADDRESS BY MR. ED KILMAN

Mr. Winfree having been recog­nized by the Speaker, presented Mr. Ed Kilman, Editor of The Houston Post.

Mr. Kilman addressed the House.

BILL AND RESOLUTION RECOMMITTED

On motion of Mr. Phillips, H. S. R. No. 82 was re-committed to the Com­mittee on Rules.

On motion of Mr. Carrington, House Bill No. 36 was re-committed to the Committee on Criminal Juris­prudence.

COMMITTEE ON RULES

The Speaker announced the ap­pointment of the following Committee on Rules:

Messrs. Cham hers, Chairman: Montgomery, Vice-Chairman; Bond, Favors, Hull. Humphrey, Hutchins, lsaa~ks. Stinson, Miss Suiter and Mr. Winfree.

RELATIVE TO ISSUANCE OF PAY CHECKS FOR MEMBERS AND EMPLOYEES OF THE HOUSE

The Speaker laid before the House, for consideration at this time H. S. R. No. 99, by Mr. Smith of Atascosa concerning payment of Members and employees of the House.

The resolution having been read second time on last Thursday,

Mr. Chambers moved to table the resolution.

The motion to table prevailed

TO NAME W~NFORD LEE DUNN, JR., MASCOT OF THE HOUSE

H. S. R. No. 103, To name Win­ford I..ee Dunn, .Jr., Ma.scot of the House.

Whereas, We have with us now a proper person to be named Mascot of the House of Representatives of the Forty-eighth I..eglslature, ID Win­ford J,ee Dunn, Jr., BOD of our es­teemed and distinguished member, the Hon. Winford Lee Dunn. Sr., of Bowle County; and

Whereas, Winford Lee Dunn ls a charming youngster, aged four months, who endears himself to all be meets; now therefore, be lt

Resolved by the House of Repre­sentatives, That Winford Lee Dunn, Jr .. be named Mascot of the Forty­eigbth Legislature and that the eald Mascot have his picture made and pJa.ced with the Members of the House lo the otrlclal group when said group picture Is provided for.

The resolution was rea.d second time and was referred to the Com­mittee on Rules.

RECALLING HOUSE BILL NO. 92 FROM SENATE

Mr. Spacek otrered the following resol u tton:

H. S. R. No. 104, Reca.lllng Houee Bill No. 92 from tbe Senate.

Wbereas, House Bill No. 92, a local squirrel Jaw for Fayette Count;y, has pa.ssed the House of Representatives and Is now before the Senate of the Sta.te of Texa.s; a.nd

\Vbereas, It Is the desire of the House to recall same for further con­sideration; therefore be it

Resolved by the House of Repre­sentath·es. That the Senate be re­quested to return House Bill No. 92.

The resolution was read second time a.nd was adopted.

TO PROVIDE FOR COMMITTEE TO DRAFT NEW STATE CON­

STITUTION

lllr. Whitesides otrered the follow­ing resolution:

H. C. R. No. 41, To provide for committee to draft new· Constitu­tion.

Mr. Hilema.n otrered the followln1 Whereas, Our present State Con-resolutlon: stltutlon waa adopted ln 1876 &11d

February 22, 1943 HOUSE JOURNAL 517

conditions have so vitally changed since that time; and

Whereas, So many amendments have been added to our present Con­stitution that It has become cumber­some, complex, and antiquated; and

Whereas, It la the purpoae of the Constitution to be simple, brief, and clear: and

Whereas, ·our present Constitution Is neither simple, brief, nor clear; and

Whereas, Many provisions now In­cluded In our Constitution should be In our Statutes; and

Whereas, We are called upon at great expense from year to year to vote for various and sundry amend­ments to our Constitution; now, therefore, be It

Resolved, That the House of Rep­resentatives, the Senate concurring, provide for the drafting of a new Constitution for the State of Texas; this Constitution to be simple, brief, and clear; and be It further

Resolved, That the Speaker of the House appoint five members. and the President of the Senate appoint five members. together with five members to be appointed by the Governor, to draft a new Constitution and submit the same to the next Regular Session of the Legislature for Its approval or rejection, and should said new Constitution be approved by the next Legislature, that It be then submitted to the voters of the State of Texas for their ratification.

The resolution was read second time.

On motion of Mr. Klingeman the resolution was referred to the Com­mittee on Constitutional Amend­ments.

AUTHORIZING THE USE OF CER­TAIN HIGHWAY EQUIPMENT

Mrs. Colson otrered the following resolution:

H. C. R. No. 42, Authorizing the use of certain highway equipment.

Whereas, The State Highway De­partment of Texas has certain equip­ment which is not In continuous use; and

Whereas, The County of Grimes Is now engaged in certain Improvement projects and Is In need of additional equipment to complete such pr~ecta

at the earliest time possible; now, therefore, be It

Resolved, by the House of Hepre­sentatlves, the Senate concurring, That the State Highway Department of Texas be, and the same Is hereby, authorized and requested to lend this equipment to the County of Grimes for this purpose.

MRS. COLSON, McDONALD.

The resolution was read second time and was adopted.

EXTENDING GREETINGS TO DR. RAMIRO COLLOZO

Mr. Cato offered the following re­solution:

H. C. R. No. 43, Extending greet­ings to Dr. Ramiro Collozo.

Whereas, The Honorable Dr. Ra­miro Collozo, third Vice President ot Lions International, Is scheduled to visit in Texas several days In May, 1943; and

Whereas, He Is a distinguished and outstanding citizen of Havana, Cuba;

Whereas, He is an outstanding stu­dent of Democracy, having received his education In St. Paul's School and Colet Court, London, England, Geneva, SwitzerU.nd, and the Na­tional University of Havana; and

Whereas, The State of Texas will feel greatly honored and gratified to have him as a guest within her bord­ers; now, therefore, be It

Resolved by the House of Repre­sentatives, the Senate IQOncurrlng, That cordial greetings and sincere expressions of friendship be extended to Dr. Collozo, and through him, as a distinguished citizen, to his native country, Cuba, and into all other countries and states into which his travels shall take him; and be It further

Resolved, That these greetings be extended to Dr. Collozo in anticipa­tion of his visit to Texas In May.

CATO, SUMMERS, SIMPSON.

The resolution was read second time and was adopted.

MOTION TO RE-COMMIT BILL

Mr. Hanna moved that H. B. No. 52 be re-committed to the Commit­tee on Military Affairs.

518 HOUSE JOURNAL

Mr. Hull raised a point of order on further consideration of the mo­tion by Mr. Hanna, on the ground that the routine motion period has expired.

The Speaker sustained the point of order.

HOUSE BILL NO. 79 ON SECOND READING

On .,mot/lon of Mr. Stlns.on the regular order of business was sus­pended to take up and have placed on its second reading and passage to engrossment,

H. B. No. 79, A b111 to be entitled "An Act to accomplish the consti­tutional directive expressed In Ar­ticle XVI, Section 16, by authorizing the incorporation of corporate bodies with banking and discounting privi­leges, and providing for a system of state supervision, regulation and con­trol of banks and other financial in­stitutions placed under the super­vision of the Banking Department, t '1 the end that all depositors and creditors of such bodies shall be adequately protected and secured. To accomplish which general purpose Title 16 of the Revised Civil Stat­utes of Texas of 1926, is repealed, etc., and declaring an emergency."

The Speaker then laid H. B. No. 79 before the House, and It was read second time.

(Pending consideration of the bill Mr. Ridgeway occupied the Chair temporarily.)

(The Speaker in the Chair.)

Mr. Stinson offered the following committee amendment to the bill:

Amend Article No. 15 on line 4, after the word State, by 11triking out the word "shall be vested with quasi-judicial powers" and on line 8 by striking out the word after the word jurisdiction by striking out the words "only on the ·grounds of fraud" or want of substantial evi­dence: and in lieu thereof substitute the following after the word state, the following words: "and its find­ings and determinations shall be sub­ject to review and may be set aside by a court or competent jurisdiction shall be de-novo, the same as if said matter had been originally filed In said manner."

The amendment was adopted.

(Mr. Montgomery occupied the Chair temporarily.)

(Speaker in the Chair.)

Mr. Stinson offered the following committee a.mendment to the bill:

~mend H. B. No. 79, Ohapter J:I, Article 7, page 12, on line 6, after ibe word "examiner" and the period strike out "The Commissioner shall be vested with quasi-judicial powers In the exercise of any discretionary authority provided for under this Code, and his findings, determina­tions and actions made pursuant therto shall be subject to review by a court of competent jurisdiction and shall be set aside only on the ground that they are not supported by sub­stantial evidence or are fraudlently made.',

The amendment was adopted.

Mr. Stinson offered the following committee amendment to the bill:

Amend H. B. No. 79, Chapter II, Article 8, page 13, line 11: After the word "made" and the period, strike out the remainder of the paragraph, and In lieu thereof substitute:

"Such fees, together with any other fees, penalties or revenues collected by the Commissioner pursuant to the provisions of this Code or pursuant to other laws of this State relative to corporations under the supervision of the Banking Department, shall be paid by the Commissioner to the State Treasurer who shall deposit the same In a special fund to be known as "State Department of Banking Fund" to be used exclusively for the purpose of enforcing such laws and the pro­visions of this Code, providing that such "State Department of Banking Fund" shall become effective and be operative September 1, 1943; provid­ing that on September 1, 1943, or as soon thereafter as possible, the State Treasurer shall deposit to the credit of the "State Department of Bank~ng Fund" out of the first monies col­lected from any and all sources of revenue which would otherwise go into the General Revenue :Fund an amount of money equal to the unex­pended balances or surpluses remain­ing as a credit at the end of the flBcal biennium ending August 31, 1943, to the control account maintained by

February 22, 1943 HOUSE JOURNAL 519

the State Comptroller for the Depart­ment of Banking and known as

"Control Bank-Loan Brokerage;" and further providing that from and after the passage of this Code and un­til the special fund hereby created becomes effective and operative the receipts and expenditures of the De­partment of Banking shall be de­posited and paid as prescribed in the statutes governing such receipts and expenditures and in the Departmental Appropriation Bill tor the biennium ending August' 31. 1943.

"All officers and employees of the Banking Department shall be reim­bursed for their services and expenses necessarily Incurred In the discharge ot their duties, as provided In this Code or any amendment thereto, and as may be now or hereafter provided by statute."

Mr. Craig moved that further con­sideration ot H. B. No. 79 be post­poned until 11: 00 o'clock a. m. Tues­day, March 2.

Mr. Hull moved to table the motion by Mr. Craig.

The motion to table was lost.

Mr. Kinard moved that all neces­sary Rules be suspended in order that Mr. Hull may speak at this time.

The motion prevailed ..

.Mr. Hull moved as a substitute motion that further consideration of H.B. No. 79 be postponed until 10:30 o'clock a. m., next Monday, March 1.

Question recurring on the motion by Mr. Hull, yeas and nays were de­manded.

The motion prevailed by the fol­lowing vote:

Allison Avant Baker Bell of Dewitt Benton Blankenship Bond Bridcera Brown Bund7 Burkett

Yeas-97

Callaway Carlton Carrington Cato Chambers Chessher Clark Colson, Mrs. Connelly Craig Dunn

Dwyer Favors Fenley, Mrs. Files, Miss Fitzgerald Fuchs Gandy Gardner Garland Geraughty Gilmer Goodman

of Midland Goodman

of Tarrant Halsey Hanna Harris Hartzog Helplnstlll Hileman Ho yo Huffman Hull Humphrey J'ones Kinard Knight Lansberry Lasseter Lehman Leonard Leyendecker Little Lock Love Mangum Manning Markle Montgomery

Moore of Harris Moore of Fannin Morse Murray Mc Alister McFarland Mc Murry Overton Parker Parkhouse Phillips Pigg Price Rampy Ramsey Reed Ridgeway Roark Sadler Sallas Simpson Smith of Bastrop Smith

of Atascosa Smith

of J'efferson Stanford Stinson Stubbs Summers Svadlenak Voigt Walker Walters Whitesides Williamson Winfree Wood Young

Nays-19

Bell of Bexar Davis

of McLennan Davis of Kendall Donald Dove Duckett Ellis Hobbs Huddleston Kllngeman

Lucas Manford Mills Moore

of Comanche Power Rhodes Senterfltt Suiter, Miss Westbrook

Absent

Coker Cross Deen Hutchins Isaacks King

Kirby Morgan McLellan Nicholson Proffer Shell

520 HOUSE JOURNAL

Absent-Excused

Mc Cann McDonald McGlasson McNamara Parton Pruett

Brawner Celaya Eubank Evans Flewellen Green Howard Hutchinson Lyle Matthews

Sharpe Spacek Vale Wattner

ADDRESS BY HONORABLE MAX BOYER

Mr. Little offered the following resolution:

H. S. R. No. 111, Be it resolved that the Honorable Max Boyer, former member of the House of Representa­tives be invited to address the House.

The resolution was read a·econd time and was adopted.

In accordance with the above ac­tion Mr. Boyer was escorted to the Speakers rostrum by MeBBrs. Little, Morse, Callaway and Smith of Atas­cosa.

Speaker Daniel presented Mr. Boyer, who then addressed the House.

EXPRESSING SYMPATHY OF THE HOUSE

On motion of Mr. Whitesides, flowers were ordered sent, on behalf of the Members of the House, to Mrs. Albert Power, wife of Hon. Albert Power, and the daughter of Hon. A. N. Green and the daughter of Hon. R. A. Fuchs, who are ill.

MESSAGE FROM THE SENATE

Austin, Texas, February 22, 194.3.

Hon. Price Daniel, Speaker of the House of Representatives.

Sir: I a.m directed by the Senate to Inform the House the Senate has concurred in House Amendments to Senate Bill No. 66 by the following vote, yeas 27, nays O.

Respectfully, BOB BARKER,

Secretary of the Senate. \Mrs. Fenley In the Chair.)

ltOUSE BILLS ON FIRST READING

The following House bills Intro­duced today were laid before the House, read severally first time and referred to the appropriate commit­tees, as follows:

By Mr. Goodman of Midland, :Mias Suitert Mr. Wood, Mr. Bell ot Bexar, Mr. Rnodes, Mr. Sallas, Mr. Sadler, Mr. Spacek, Mr. Gardner, Mr. Deen, Mr. Hoyo, Mr. Brawner, Mr. Win­free, Mr. Connelly, Mr. Davis ot Mc­Lennan and Mr. Price:

H. B. No. 391, A bill to be entitled "An Act to establish coordinated county child welfare advisory coun­cils for the purpose of anlstlng and advising local judicial, administra­tive, and educational authorities ID preventing Increase of juvenlle delin­quency and solving the child welfare problem in each county in the state: providing composition of said coun­cil; the method of selection of said council; providing for the meetings of said council, and requiring local judicial, administrative, and educa­tional officials to report and coop­erate with said council, and provid­ing for a report of its recommenda­tions to the county grand jury for Its action; a.nd declaring an emer­gency."

Referred to the Committee on .Ju­diciary and Uniform State Lawa.

By Mr. Hull:

H. B. No. 392, A bill to be entitled "An Act providing and authorizing that any bonds, interest thereon, or similar obligations, Issued by any municipality or political subdivision of the State may be payable at the office of the State Treasurer; desig­nating and constituting the State Treasurer, ex officio Treasurer and fiscal agent of such munlclpalltlee and political subdivisions for such purposes; providing for the deposit and payment of funds by munlclpal­i ties and political subdivisions with the State Treasurer for such pur­poses; providing that the State Treas­urer shall cancel and return coupons and bonds that have matured or have been retired by purchase and shall at the request of the municipalltr or polltlcal subdivision remit bal­ances remalDing on hand for two ,(I) 7ears for which bonda have not beea.

February 22, 1943 HOUSE JOURNAL 521

presented for payment; and declar­ing an emergency."

Referred to the Committee ou State Affairs.

By Mr. Wood and Mr. Daniel:

H. B. No. 393, A blll to be entitled "An Act amending Chapter I of Title 50, of the Revised Civil Statutes ot the State of Texas by adding Article 2929a; providing that no person who has been elected or appointed to an executive ·or administrative publlc office In the State of Texas for a term of more than two years shall be eligible to run for nomination or election to any other public office the term of which would begin before the expiration of the term of the original office to which such person was elected or appointed, without first resigning from such original of­Bce; providing that no election of­ficial shall place the name of such lnellglble person on the ballot for any election or certify his name as a candidate or nominee; and provid­ing for enforcement of such law by Injunction proceedings and other remedies provided in the laws of TexaB" concerning Ineligible candi­date•; defining the term 'executive or administrative public office• to mean all public officers except the Legislative and Judicial offices of Members of the Legislature and Judges of the Courts of Texas."

Referred to the Committee on Privileges, Suffrage and Elections.

By Mr. Little:

H. B. No. 394, A bill to be entitled "An Act to amend Subsection 69 of Article 19 9, Title 8, of the Revised Statut&11 of Tezas, 1925, so as to change the time and terms of hold­ing the 69th District Court In Par­mer, Deaf Smith, Oldham, Moore, Hartley, Sherman and Dallam Coun­tlee, constituting the 69th Judicial District of Texas; validating and con­tinuing all processes issued or served before this Act takes elrect, Includ­ing recognizances and bonds, and making them returnable to the next term of court In said counties and district, as herein fixed; to validate the 1JUmmonlng of grand and petlt juries under this Act; and declaring an emergency."

Referred to the Committee on Ju­dicial District•.

By Mr. Benton and Mr. Overton:

H. B. No. 395, A bill to be entitled "An Act to amend Article 7047, Re­vised Civil Statutes of Texas, 1925, by adding Subsection 35a thereto ao as to provide tor the collection of an occupation tax of Three ($3.00) Dol­larS" per month on each domino table operated for a profit; providing for the collection of said tax semi-a.nnu­ally by the Comptroller of Public Ac­counts; and dflclarlng an emer­gency."

Referred to the Committee on Revenue and Taxation.

By Mr. Garland:

H. B. No. 396, A blll to be enttlted "An Act amending H. B. No. 794, Regula.r Session 47th Legislature, so as to provide for the taking of rac­coon In Commissioners' Precinct No. 4 of Red River County; a.nd decla.r­lng an emergency.••

Referred to the Committee on Game and Fisheries.

By Mr. Davis of McLennan:

H. B. No. 397, A bill to be entitled "An Act amending Article 1583, Chapter 6, Title 18, of the Penal C'ode of Tezas, 1925, as amended by Chapter 139, Acta of the Regular Session of the Forty-fourth LegiB'­lature, as amended by Chapter 173, Acta of the Regular Session of the Forty-fifth Legislature, relating to work and vacation of firemen and policemen in cities of not less than fl.tty-five thousand nine hundred eighty-two, ( 55,982) Inhabitants and not more than fifty-seven thou­sand, (57,000) Inhabitants; fixing the hours that shall constitute a legal day's work In tire and police depart­ments In cities of not less than ll.fty­tlve thousand nine hundred eighty­two ( 55,982) population and not more than fifty-seven thousand, ( 57,000) population; providing that not more than seventy-two (72) hours shall constitute the calendar week's work, and that no person shall work more than one hundred, forty-four (144) hours in any two ( 2) consecutive calendar week1 In cities of not leBS than fifty-five -thou-

522 HOUSE JOURNAL

sand nine hundred eighty-two (55,982) population; and not more than fifty-seven thousand (57,000) population; providing for emergency pay in cities of not less than fifty­ftve thousand nine hundred eighty­two, (55,982) population and not more than fifty-seven thousand, (67,000) population; providing for a minimum wage scale in cities of not less than· fifty-five thousand n lne hundred eighty-two, (66,982) popu­lation and not more tha.n fifty-seven thousand, ( &7,000) population; pro­viding that each violation shall con­stitute a separate offense; providing penalty for the violation of the pro­visions of this Article and declaring an emergency."

Referred to the Committee on Municipal and Private Corporations.

By Mr. Hull:

H. B. No. 398, A bill to be entitled "An Act to amend section 4 of Senate Bill No. 165, Acts of 1931, 42nd Leg­islature, page 280, Chapter 165, as amended by Acts 1937, 45th Legisla­ture, page 405, Chapter 204, Section 1, and by Acts 1939, 46th Legisla­ture, page 135, Section 1, so as to in­crease fees for filing reports of Loan and Brokerage Companies, and allow­ing Commissioner for good cause shown to extend time for filing re­ports by such companies for not more than sixty days, and declaring an emergency."

Referred to the Committee Banks and Banking.

By Mr. Hull:

on

H. B. No. 399, A blll to be entitled "An Act to amend Article 2465, Re­vised Civil Statutes of Texas, 1925, as amended by Acts 1929, 41st Leg­islature, page 4, Chapter 17, Section 1, by Acts 1929, 41st Legislature, 2nd Called Session, page 168, Chap­ter 185, Section 1, and by Acts 1941, 47th Legislature, page 1399, Chap­ter 634, Section 1, so that the Bank­ins Commissioner may adequately examine Credit Unions, providing for the appointment of Credit Union Ex­aminers and the salary and traveling expenses of such Examiners, for the collection of fees therefor and pro­viding for the deposit of said fees

with the State Treasurer, and de­claring an emergency,"

Referred to the Committee on Banks and Banking.

By Mr. Hull:

H. B. No. 400, A bill to be entitled "An Act to amend Section 2 of Sen­ate Bill 165, Acts of 1931, 42nd Leg­islature, page 280, Chapter 166, as amended by Acts 1937, 45th Legisla­ture, page 406, Chapter 204, Section 1, and by Acts 1939, 46th Legisla­ture, page 135, Section 1, BO a.a to change the method of computing ex­e.minallon fees of Loan and Broker­age Companies, providing for the de­posit of such fees with the State Treasurer, and declaring an emerg­ency.''

Referred to the Committee on Banks and Banking.

By Mr. Hull:

H. B. No. 401, A bill to be entitled "An Act to amend Article 2494, Re­vised Civil Ste.tutes of Texas, 1926, as thereafter amended, by Acta of 1929, _41st Legislature, 2nd Called Session, page 166, Chapter 86, Sec­tion 1, and by Acts 1937, <16th Legis­lature, page 217, Chapter 117, Sec­tion 1, and by Acts 1939, 46th Leg­islature, page 221, Section. 4, so that Banking Commissioner may, for good cause shown, extend time Of filing of reports by Credit Unions for a period of not more than sixty days, and de­claring an emergency."

Referred to the Committee Banks and Banking.

By Mr. Dove:

on

H. B. No. 402, A bill to be entitled "An Act providing for the payment of delinquent taxes which are col­lected In the respective Counties by the County Assessor and Collector of Taxes on real and personal property In Installments; providing for the establishment of a partial payment or Installment account system by tbe AsseSBor and Collector of Taxes In each County; providing the Install­ments are not to be extended over a greater period of time than five ( 6) years: providing the method to be pursued by the delinquent· taxpayer in availing himself of the provisions of this Act; providing that all monies

February 22, 194:3 HOUSE JOURNAL 523

the back of su<'h notice shall be con­tained abbreYiated •tatement of the provisions or this Act, and that such abbre,·iatcd statement shall be pre­pared and furnished by the Comptrol­ler or Public Accounts to all Tax As-

collected by the Tax Assessor and Collector under the provisions or this Act shall be in the regular course or business transmitted to the State, County and other political subdh·i­slons in the same manner as other collections; providing for the issu- sPssors and Colle .. tors within thirty ance to the taxpayer of a receipt \ 30 .1 dars afte~ t_he effecllve date of showing the Installment payment, this A<"t: i1rov1dmi:; that the provl­and providing for the payment to bel slons of this Act shall not apply to credited on the various delinquent any political subdivision whose taxes tax rolls; providing that all interest are not assessed and collected by the and penalties be released upon all Countr T_ax Assessor and Collector, taxes that were or will be delinquent and pro\·1~mg the. l!lethod whereby on or before the expiration of the due such polltt<'al subd1v1slon mar adopt date, as to all delinquent taxpayers the provislonR of this Act; providing who avail themselves of this Act and that the Act shall not affect existing actually begin paying the delinquent delln<J,uent ta_x suits: repealing all taxes owing by them 011 or before the law_s 10 confhct "·Ith this Act; pro­due date of the next current year's v_idrng that if any sert10n or provl­taxea, and continues to pay all In- ~10ns. of. this Act sh~ll be declare~ stallments on or before the due date rnvahd, it shall not impair the vah­and In addition thereto paY& all cur~ dity of the remainder; and declaring rent ad valorem taxes assessed an emergency." against the taxpayer In that County, before delinquency, during the year Referred to the Committee on or )'ears the installments cover; pro- Revenue and Taxation. vidlng that if any deferred Install­ment Is not paid on or before its due date, or any current year's taxes are not paid before delinquency, that th~ full amount of the penalties and in­terest shall be added to the unpaid balance, and in such event making It mandatory upon tbe part of the County Attorney, District Attorney, Criminal District Attorney or con­tracting delinquent tax attorney to file suit within sixty ( 6 O) days from the date of such default for the col­lection of such taxes, penalties and lntereet, and providing penalties ror their refusal or failure to do so; pro­viding that It shall be mandatory npon the County Attorney, District Attorney, Criminal District Attorney or delinquent tax attorney to file suit on or before the expiration or the due date, and dellgently prosecute same to Judgment and collection against all taxpayer& who owe delinquent taxes covering three ( 3) or more years, and who do not avail them-1elve1 of this Act on or before the due date of the next current year's taxes; making It mandatory on the part of tbe Tax Assessor and Collec­tor of each County to mail to the tax roll address of each delinquent tax­payer, within six ( 6) months after ths effective date of this Act, a no­tice, as provided In Article 7324, and 7 3 2 5 of the Revised Civil Sta­tutes of Texas, and providing that on

By Mr. Hulrman:

H. B. No. 403, A bill to be entitled "An Act amending Article 3883, Re­vised Civil Statutes or Texas, 1925, as heretofore amended by adding thereto a new section to be known as Section 2/b, providing for maximum fees of olrlce for certain county and precinct olricers In counties contain­ing as many as 15,400 and not more than 15,500 inhabitants, according to the last preceding Federal census of the United States, and with a tax valuation according to the last ap­proved tax roll in excess or nine mil­lion dollars and less than fifteen million dollars, and amending Ar­ticle 3891, Revised Civil Statutes of Texas, 19 2 5, as heretofore amended, by adding thereto a new praragraph providing for the amount of excess fees to be retained by certain county and precinct olrlcers In counties con­taining as many as 15,400 and not not more than 15,500 Inhabitants, according to the last preceding Fed­eral census of the United States and with a tax valuation according to the last approved tax roll In excess of nine million dollars and less than fifteen million dollars, and amending Article 3902, Revised Civil Statut• of Texas, 1925, as heretofore amended, by adding thereto a new section to be known as Section 3-b, providing for the maximum com-

624 HOUSE JOURNAL

pensation for first assistant and chief deputies and to the assistants, depu­ties or clerks, and further providing that the assessor and collector of taxes may employ a first assistant or chief deputy In the tax collector's department, and also a first assistant or chief deputy in the tax asses­sor's department, and providing for tbe maximum compensation of each In counties containing as many as 15,400 and not more than 15,500 in­habitants, according to the last pre­ceding Federal census of the United States, and with a tax valuation ac­cording to the last approved tax roll in excess of nine million dollars and leSB than fifteen million dollars, and declaring an emergency."

Referred to the Committee on Revenue and Taxation.

HOUSE JOINT RESOLUTION ON FIRST READING

The following House Joint Resolu­tions introduced today was laid be­fore the House, read first time and referred to the appropriate commit­tee, as follows:

By Mr. Dove and Mr. Hileman:

H. J. R. No. 23, Proposing an amendment to the Constitution of the State of Texas to provide for a State J,;and Bank which shall make loans to aid citizens of Texas to pur­chase a farm homestead.

Referred to the Committee on Con­Ref erred to the Committee on stltutional Amendments.

Counties.

By Mr. Dwyer, Mr. Bell of De­Witt and Mr. Hartzog:

H. B. No. 404, A bill to be entitled "An Act levying additional taxes upon the sale of alcoholic beverages in this State; levying an Occupation Tax; levying a gross proceeds tax of ten per cent ( 10 % ) upon sale of liquor under the Dlspensor's Per­mit; providing the manner of the collection of said taxes; fixing penal­ties for failure to pay the State the taxes due thereon: defining the pow­ers and duties of the Tax Assessor­Collector and the Texas Liquor Con­trol Board with respect to the collec­tion ot said taxes; authorizing the Is­suance of a Dispenser's Permit for the sale of diluted distilled spirits; fixing the qualifications of persons entitled to hold such permits; author­izing the Texas Liquor Control Board or the Administrator to cancel or suspend the same for violation; fix­ing the fees for such permits; pro­viding for local option elections to legalize or prohibit the issuance of such permits; fixing penalties and defining same; allocating fees and revenues derived from said permits to the Social Security Program of Texas; excepting the holders of Dis­penser's Permits from the prohibi­tions contained In Section 3 (a) of Article I of the Texas Liquor Control Act; amending the Texas Liquor Control Act by adding thereto a new section; and declarinc an emer­gency.''

SENATE BILLS ON FIRST READING

The following Senate bills received from the Senate today were laid be­fore the House, read severally Aret time and referred to the appropriate committees, as follows:

S. B. No. 92, to the Committee on Agriculture.

s. B. No. 5, to the Committee on Agriculture.

s. B. No. 129, to the Committee on Labor.

ADJOURNMENT

Mr. Kinard moved that the House recess to 2: 30 o'clock p. m., today.

Mr. Love moved that the House adjourn until 10:00 o'clock a. m., tomorrow.

Question first recurring on the mo­tion by Mr. Love, it prevailed and the House accordingly, at 12:30 o'clock p. m., adjourned until 10:00 o'clock a. m., tomorrow.

APPENDIX

STANDING COMMITTEE REPORTS

The following committees have tiled favorable reports on bills, as follows:

Agriculture: H. B. No. 16.

February 22, 1943 HOUSE JOURNAL 525

Counties: H. B. Nos. 249 and 297.

Liquor Regulations: H. B. No. 8.

Austin, Texas, February 19, 1943.

Hon. Price Daniel, Speaker of the House of Representatives. REPORTS OF THE COMMITTEE ON

ENGROSSED BILLS Sir: Your Committee on Engrossed Austin, Texas, February 19, 1943. Bills to whom was referred

Hon. Price Daniel, Speaker of the House of Repres.,ntatlves.

Sir: Your Committee on Engrossed Bills· to whom was referred

H. B. No. 56, A bill to be entitled "An Act providing for the suspension of the running of the primary and principal terms of certain State leases by the School Land Board In certain Instances, and declaring an emergency."

Has carefully compared same and finds It correctly engrossed.

DA VIS of McLennan, Chairman.

Austin, Texas, February 19, 1943.

Hon. Price Daniel, Speaker of the House of Representatives.

Sir: Your Committee on Engrossed Bills to whom was referred

H.B. No. 137, A bill to be entitled "An Act to amend Section 1 of House Bill No. 271, Acts of the Regular Session of the 4 7th Legislature, the Judiciary Appropriation Bill, by add­ing thereto a new section to be known as Section la, to make an appropria­tion Of $2,600 for the payment or compensation or fees to attorneys, Including county attorneys, who, since January 1, 1940, to the elfec­ttve date of this Act, have performed the duties of a district attorney pur­suant to the provisions of Articles 26 and 31 or the Code of Criminal Procedure of Texas; and making an appropriation of $10,000 for the pay­ment of Compensation or fees to attorneys, Including county attor­neys, performing the duties of a dis­trict attorney, pursuant to the pro­visions of Articles 2 6 and 31 of the Code of Criminal Procedure of Tex­as, from the etrectl ve date of this Act through the biennium ending August 31, 1943; providing for the payment of such compensation or fees when approved by the District Judge; and declaring an emergency."

Haa carefully compared same and 11nds It correctly engrossed.

DA VIS ot McLennan, Chairman.

H.B. No. 145, A bill to be entitled "An Act to amend subdivision 109 of Article 199, Title 8, of the Revised Statutes of Texas, 19 2 5, so as to change the time and terms of hold­ing the 109th District Court In Reeves, Ward, \\'Inkier, Crane, An­drews and Loving Counties, consti­tuting the 109th Judicial District of Texas; validating and continuing all processes Issued or served before this Act takes effect, including recogni­zances and bonds, and making them returnable lo the next term of court In said counties and District, as here­in fixed; to ,·alidate the summoning of Grand and Petit Jurors under this Act; pro\'iding for apportionment or reporter's salary, and declaring an emergency."

Has carefully compared same and finds It correctly engrossed.

DAVIS of McLennan, Chairman.

Austin, Texas, February 19, 1943.

Hon. Price Daniel, Speaker of the House of Representatives.

Sir: Your Committee on Engrossed l:lills to whom was referred

H. B. No. 146, A bill to be entitled "An Act to am,.nd Subdivision 70 of Article 199, Title 9, or the Revised Statutes of Texas, 1925, as to hold­ing court In Howard, Martin, Mid­land, Ector and Glasscock Counties, constituting the 70th Judicial Dis­trict of Texas; validating and con­tinuing all processes Issued or served before this Act takes effect, includ­ing recognizances and bonds, and making them returnable to the next term of court in said Counties and district, as herein fixed; to validate the summoning ot Grand and Petit Jurors under this Act; and declaring an emergency."

Has carefully compared same and finds It correctly engrossed.

DA VIS of McLennan, Chairman.

Austin, Texas. February 19, 1943.

Hon. Price Daniel, Speaker of the House of Representatives.

526 HOUSE JOURNAL

Sir: Your Committee on Engrossed Bills to whom was referred

H. B. No. 147, A bill to be entitled "An Act fixing the compensation and salaries of members of the Commis­sioners' Court of certain counties having a population of not less than twenty-five thousand, five hundred, (25,500), and not more than twentY­slx thousand, two hundred, (26,200), Inhabitants, according to the Federal Census of 1940, in which a military camp is now established or may be established; and declaring an emerg­ency."

Has carefully compared same and finds it correctly engrossed.

DAVIS of McLennan, Chairman.

Austin, Texas, February 19, 1943.

Hon. Price Daniel, Speaker of the House of Representatives.

Sir: Your Committee on En­grossed Bills to whom was referred

H. B. No. 148, A bill to be entllled "An Act fixing the compensation and salaries of Constables and Justices of the Peace in all counties in this State having a. population of not less than twenty-five thousand, five hun­dred ( 25,500) and not more than twenty-six thousand, two hundred, (26,200). and containing a city hav­ing a population of not less than thir­teen thousand (13,000) and not more than fourteen thousand ( 14,000) In­habitants, according 'to the last pre­ceding Federal Census of 1940, with­in the boundaries of which county is located a military camp; and declar­ing an emergency."

Has carefully compared same and finds It correctly engrossed.

DAVIS of McLennan, Chairman.

Austin, Texas, February 19, 1943.

Hon. Price Daniel, Speaker of the House of Representatives.

Sir: Your Committee on EngroBBed Bills to whom was referred

H. B. No. 153, A blll to be entitled "An Act to amend Subdivision 38, of Article 199, Title 8, Revised Statutes of 1925, as amended by Act of the 45th Legislature at Its regular session, page 484, Chapter 246, and

providing for changing and pre­scribing terms and times for holding the courts In the counties comuosing the 38th Judicial District of Texas; validating and continuing all proc­esses and writs, bonds and recog­nizances, and making them return­able to the terms of court in the sev­eral counties as herein fixed; validat­ing the summoning of Grand and Petit jurors under the present law so as to render them available under this Act; repealing all laws and parts of laws In conflict herewith; and pro­viding the time for this Act to take effect; and declaring an emergency."

Has carefully compared same and finds It correctly engrossed.

DA VIS or McLennan, Chairman. Austin, Texas, February 19, 1943.

Hon. Price Daniel, Speaker of the House of Representatives. Sir: Your Committee on En­

grossed Bills to whom was referred H. B. No. 165, A bill to be entitled

"An Act to amend subdivision 33 of Article 19 9, Title 8, of the Revised Civil Statutes of Texas, 1925, so aa to change the length of the terms of District Court a.nd the time of hold­ing the terms of District Court in Gillespie, Mason, •Blanco, Menard, San Saba, Llano and Burnet coun­tlea, constituting the Thirty-third Judicial District of Texas; validating and continuing all processes Issued or served before this Act takes ef­fect, including recognizances and bonds, and making them returna.ble to the next terms of Court In said Counties and DIBtrlct, as herein ftxed; to validate the summoning of Grand and Petit juries under the present law so as to render them available In said counties under thl1 Act; and declaring an emergency."

Has carefully compared same and tlnds It correctly engrossed.

DAVIS of McLennan, Chairman.

Austin, Texas, February 19, 1943.

Hon. Price Daniel, Speaker ol the House of Representatives.

Sir: Your Committee on En­groased Bills to whom was referred

H. B. No. 171, A blll to be entitled "An Act to amend Articles 7001 aad 7008, Chapter 7, Title 121 of the Revised Civil Statutes, placing the countiee of Zavala and Dimmit

February 22, 1943 HOUSE JOURNAL 527

among the exempted Counties from the provisions of Chapter 7; and declaring an emergency."

Has carefuUy compared same and finds It correctly engrossed.

DAVIS of McLennan, Chairman.

Austin, Texas, February 19, 1943.

Hon. Price Daniel, Speaker of the House of Representatives.

Sir: Your Committee on En­grossed Bills to whom was referred

H. B. No. 206, A bil1 to be entitled "An Act to amend Section 9 of House Bill 10, Chapter 6 7 of Fifth Called Session of tbe Forty-first Legislature providing for the insertion after the word 11 department" the words "state institutions" and repealing Senate Joint Resolution 26, Acts of the Forty-first Legislature, Regular Ses­sion ...

Has carefully compared same and finds it correctly engrossed.

DAVIS of McLennan, Chairman.

Austin, Texas, February 19, 1943.

Hon. Price Daniel, Speaker of the House of Representatives.

Sir: Your Committee on En­grossed Bills to whom was referred

H. B. No. 225, A blll to be entitled "An Act to authorize the appoint­ment and employment of a 'Night Chief Deputy' in addition to the ftrst asssistant or Chief Deputy now authorized, in the sheriff's office in all counties having a population or five hundred thousand (600,000) or more, according to the last pre­ceding Federal Census, fixing the salary, the method and manner of making the appointment and em­ployment, requiring two years prior services as deputy sheriff as a pre­requisite to this appointment; and declaring an emergency."

Has carefully compared same and finds In correctly engrossed.

DA VIS of McLennan, Chairman.

Austin, Texas, February 19, 1943.

Hon. Price Daniel, Speaker of the House of Representatives.

Sir: Your Committee on En­groBBed Bills to whom was referred

H.B. No. 236, A bill to be sntitled "An Act authorizing the Commis­sioners' court in any county having a population of not less than eight thousand and seven hundred ( 8 ,­i 00) and not more than nine thou­sand ( 9,00 O), according to the last preceding Federal census, to allow each County Commissioner certain expenses for traveling In connection with the use of his automobile on official business; requiring each such Commissioner to pay the ex­pense of operation and repair of such automobile so used by him without further expense to the coun­ty; and declaring an smergency."

Has carefully compared same and finds it correctly engrossed.

DAVIS of McLennan, Chairman.

Austin, Texas, February 19, 1943.

Hon. Price Daniel, Speaker of the House of Representatives.

Sir: Your Committes on Engrossed Bills to whom was referred

H. B. No. 245, A blll to be entitled "An Act granting permission to Eunita Mae Adams, a minor, to bring suit against the State of Texas and/or Highway Department of Texas in a court of competent jurisdiction, In Jones County, Texas, for damages for personal injuries alleged to have been sustained by her while riding In an automobile with her father, Lyle Adams who was driving said automobile, which said automobile was run into and struck by another automobile owned by the State of Texas and being driven by an em­ployee of the State of Texas, to-wit, W. A. Haynes, on or about the 11th day of July, 1941, at the intersec­tion of two lateral highways In Jones County, Texas, known as the McChristian Road and the road known as the Compress Road; while the said Ha.ynes was in the discharge of his duties as an highway road overseer and engaged at said time in his capacity as road overseer and employed by the Highway Depart­ment of Texas on the state road run­ning from the City of Stanford to the City of Anson in Jones County, Texas; providing the usual rules of law and procedure to apply and that no admission of liability of the State

528 HOUSE JOURNAL

of Texas is made by this bill, and the facts as set out herein must be proved In court: providing that proceBB In such suit may be served upon the Governor of Texas and the Attorney General of Texas; provid­ing that If any provisions of this Act shall be invalid, the validity of the other provisions thereof shall not be atrected; and declaring an emer­gency."

Has carefully compared same and finds It correctly engrossed.

DAVIS of McLennan, Chairman.

Austin, Texas, February 19, 1943.

Hon. Price Daniel, Speaker of the House of Representatives.

Sir: Your Committee on Engrossed Bills to whom was referred

H. B. No. 268, A bill to be entitled "An Act fixing the salaries and traveling expenses tor county Com­missioners In counties of not less than twelve thousand ( 12,000) and not more than twelve thousand, one hundred, ( 12,100) inhabitants; and fixing traveling expenses for County Commissioners in counties having the same popula.tlon; repealing all laws and parts of laws in contUct; and declaring an emergency."

Has carefully compared same and ftnds It correctly engroBSed.

DA VIS of McLennan, Chairman.

Austin, Texas, February 19, 1943.

Hon. Price Daniel, Speaker or the House of Repreae~tatlves.

Sir: Your Committee on Engrossed Bills to whom was referred

H. B. No. 269, A bill to be entitled "An Act to fix the salaries of County Superintendents of Schools In all counties having a population of not less than twenty-seven thousand and ftfty ( 27 ,060) nor more than twenty­• e v en thousand, one hundred (27,100) according to the last Fed­eral Censns, and which counties have a valuation of not less than Fifty Mil­lion Dollars ( $60,000,000) am ahown by the last preceding assessment roll and also have a Negro scholastic population of 1360 or more In which there Is no Educational Suparv11or of Negro Schools other than the County

Superintendent; and declaring an emergency."

Has carefully compared n.me and finds it correctly engrossed.

DAVIS of McLennan, Chairman.

Austin, Texas, February 19, 1948.

Hon. Price Daniel, Speaker of the House of Repreaenta.tlves.

Sir: Your Committee on Engrossed Bills to whom was referred

H. B. No. 260, A bill to be entitled "An Act a.uthorlzlng the Commis­sioners Court In each county in tbts State ha.vlng a population of not leu than eighteen thousand, four hun­dred and forty-tour (18,444) and not more than eighteen thousand tlve hundred (18,600); and counties having a population of not less than twelve thousand, tbrse hundred and forty-four (12,344) nor more than twelve thousand, four hundred (12,400) and counties having a population of not les11 than six thou­sand, two hundred and five (6,205) and not more than six thousand, two hundred and fifteen ( 6,215), ac­cording to the last preceding Fed­eral Census, to allow each County Commissioner certain expenses for traveling and In connection with the use or his automobile on oll'l­cial business only and/ or In over­seeing the construction and main­tenance of ths public roads of the county, to be paid out of Road and Bridge Fund of the respective Com­missioner's precinct; requiring each aucb Commissioner to pay the ex­pense of operation and repair or such vehicle eo used by him without any further expense whatsoever to the county; and declaring an emer­gency.''

Has carefully compared nme and tlnds lt correctly engroHed.

DA VIS of McLennan, Chairman.

Austin, Texas, February 19, 1943.

Hon. Price Daniel, Speaker of the House of Representatives.

Sir: Your Committee on En­groHed Bills to whom was referred

H. B. No. 273, A bill to be entitled "An Act to amend Chapter 88, sec­tion 13, Acts of the ll'orty-tlrat Leg­islature, Second Called Session aa

February 22, 1943 HOUSE JOURNAL 529

amended by the Acts of the Forty­third Legislature. Chapter 178, Sec­tion 1, to permit the State Highway Department to Issue for the 1943, 1944, and 1945 registration years single plate or plates of metal or other materials, symbols, tabs, de­vices, in connection with or in lieu of the motor vehicles license plate or plates; authorizing the Highway Department to prescribe the place or attachment of the li­cense plate or plates, symbols, tabs, or other devices; amending Chapter 178, Section 2, Acts of the Forty­third Legislature, to provide for the design specUlications and purchase of such registration insignia; re­pealing an Jays in confilct here­with; providing a savings clause; and declaring an emergency."

Hae carefully compared same and finds it correctly engrossed.

DAVIS of McLennan, Chairman.

Austin, Texas, February 19,.1943.

Hon. Price Daniel, Speaker of the House of Representatives.

Sir: Your Committee on En-grossed Billa to whom was referred

H. B. No. 338, A bill to be entitled "An Act making an appropriation of Nineteen Thousand Six Hundred and Twenty-Five Dollars (19,625.00) to the Cigarette Tax Stamp Board for the purpose of purchasing 175 ,000,-000 additional cigarette tax stamps under an existing contract between this State and the Steck Company,

Austin, Texas; and declaring an emergency/'

Has carefully compared same and ft nds it correctly engrossed.

DA VIS of McLennan, Chairman.

Austin, Texas, February 22, 1943.

Hon. Price Daniel, Speaker of the House of RepresentaUves.

Sir: Your Committee on En-grossed Bills to whom was referred

H. C. R. No. 42, Authorizing the State Highway Department to lend certain equipment to Grimes County.

Has carefully compared same and finds it correctly engrossed.

DA VIS of McLennan, Chairman.

Austin, Texas, February 22, 1943.

Hon. Price . Daniel, Speaker of the House of Representatives.

Sir: Your Committee on En­grossed Bills to whom was referred

H. C. R. No. 43, extending greet­ings to Dr. Ramiro Collozo, third Vice President of Lions Interna­tional.

Has carefully compared same and finds it correctly engroBBed.

DA VIS of McLennan, Chairman.

SENT TO THE GOVERNOR

February 22, 1943

H. B. No. 58.

H. B. No. 2tl.

Jn .flltmoru of

Sirs. Abella Bubert.a

Mr. Callaway offered the following resolution:

H. S. R. No. 108, In Memory of Mrs. Adella Roberts.

WhereaS', The House of Representatives has learned that Mrs. Adella Roberts, age 79, mother of a former Member of this House, the Honorable Grady Roberts who served in the Forty-sb:th and Forty-seventh Legislatures and distinguished himself as a.n a.ble and beloved worker, passed to the Great Beyond on .January 26, 1943, in Byers, Texas; and

Whereas, The membership of the House of Representatives sym­pathizes with Mr. Roberts; therefore be i,t

Resolved bY the House of Representatives, That the Members re­gret her passing and extend our deepest sympathy to Mr. Roberts and the surviving members of her family; and be It further

Resolved, That when the House adjourns today, lt do S'O in mem­ory of Mrs. Adella Roberts, that a page of the House .Journal of to­day be dedicated to her memory, and the Chief Clerk of the House of Representatives be instructed to send copies of the resolution to to the various members of the family.

CALLAWAY, MORSE, LITTLE, SMITH of Atascosa, PARKER, CLARK, McALISTER, Mc MURRY, KINARD, LEHMAN.

The resolution was read second time and was unanimou1dy adopted by a rising vote.

610

.Jn •emnry of

8rs. <&us Sieyhler

Mr. Duckett offered the following resolution:

H. S. R. No. 110, In Memory of Mrs. Gus Beydler.

Whereas, On the 10th day of February, 1943, God called to her glorious reward Mrs. Gus Beydler. Since July 13, 1878 she was a leading spirit In the upbuildlng of the comm unities of El Campo and Wharton, Tezas; and

Whereas, Every family in Wharton County knew and loved this rugged, generous, noble woman who showed them how to live an up­right chrlstian life; and

Whereas, She was a member of the United Daughters of the Con­federacy, and she was a Catholic and worked faithfully for her church. Her hobbles were entertaining and the growing of flowers; and

Whereas, She has gone to her reward and left us examples that each and every Texan should emulate; now, therefore, be It

Resolved, That the Legislature of the State of Texas here and now pay tribute to this splendid pioneer woman and when we adjourn today we shall adjourn in memory of this fine spirit; and be It further

Resolved, That the Chief Clerk of the House of Representatives be Instructed to send a copy of this resolution to her husband, Judge Gus Beydler of Wharton, Texas that the family may know of this tribute paid to Mrs. Gus Beydler.

The resolution was read a second time and was unanimously adopted by a rising vote.

&n