This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world's books discoverable online. It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the publisher to a library and finally to you. Usage guidelines Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to prevent abuse by commercial parties, including placing technical restrictions on automated querying. We also ask that you: + Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for personal, non-commercial purposes. + Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the use of public domain materials for these purposes and may be able to help. + Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find additional materials through Google Book Search. Please do not remove it. + Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner anywhere in the world. Copyright infringement liability can be quite severe. About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web atjhttp : //books . qooqle . com/ Author and Title Tennessee. Laws, statutes, etc. Acts of the State of Tennessee. Call Number KFT 25 A222 Volume 1905 Copy THIS BOOK DOES NOT CIRCULATE OUTSIDE THE BUILDING NAME LOCATION Tennessee. Laws, statutes, etc. Acts of the State of Tennessee, KFT vol 25 1905 A222 ACTS • OF THB ITATE OF TENNESSEE PASSKD BY THE % FIFTY-FOURTH GENERAL ASSEMBLY 19@5 PUBLISHED BY AUTHORITY. NASHVILLE, TENN.: BRANDON PRINTING COMPANY, 1905. 1970 ACTS OF THE GENERAL ASSEMBLY of the STATE OF TENNESSEE PASSED BY THE FIFTY-FOURTH GENERAL ASSEMBLY, WHICH WAS BEGUN AND HBJJD AT NASHVIWg, ON THR FIRST MONDAY IN JANUARY, IN THR YBAR OF OUR LORD ONB THOUSAND NINE HUNDRED AND FIVE- CHAPTER 1. Senate Bill No. 41. AN ACT to Incorporate Watertown, Wilson County, Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the town of Watertown, in the county of Wilson, and the inhabitants thereof are hereby constituted and declared a body politic and cor- porate by the name and style of the Mayor and Aldermen of Watertown, and by that name shall have perpetual suc- cession, shall sue and be sued, plead and be impleaded in all the courts of law and equity and in all actions whatso- ever, may purchase, 'receive, and hold real, personal, and mixed property in said town, and sell, lease, and dispose of the same for the benefit of the said town ; and may pur- chase, receive, and hold real, personal, and mixed property beyond the limit of said town, to be used for the burial of the dead, and for the establishment of a hospital, poor- house, workhouse, or house of correction, to have and use a common seal, and change it at pleasure. Sec. 2. Be it further enacted, That the corporate lim- its of said town shall embrace the territory within the fol- lowing boundaries — to-wit: — 4 — Beginning at a stake in the South line of the right-of- Boundariet. way 0f foe Tennessee Central Railroad at a point directly opposite and in line with the west boundary line of Har- din Davis ; thence with said Davis' west line to a stake on the north side of the Lebanon and Sparta pike; thence east .with said turnpike to the southwest corner of J. P. Blankenship's lot; thence north with said Blankenship's west line to his northwest corner ; thence with the western boundary line of the lots in what is known as the Maddux Addition to Watertown to the northwest corner of L. A. Phillips lot No. 14 ; thence in an easterly direction to the northwest corner of J. L. Bryan's lot in Bryan Addition to Watertown; thence in an easterly direction with the south boundary of J. L. Bryan, the same being the north line of all the lots facing on Woodland Street, to the north- east corner of W. H. Lincoln's lot ; thence north 500 feet to a stake ; thence east to the west line of the Commerce road ; thence north with said road to a point opposite Mrs. Bell's northwest corner; thence with said Bell's north boundary to the northeast corner of same; thence in an easterly direction to an elm in the northwest corner of L. A. Phillips yard ; thence east 200 feet to a stake ; thence to the northwest corner of the Christian Church lot; thence to the northeast corner of said church lot; thence south with the east line of the church lot and with the east line of the Catamount road to a stake in the south boundary of the Tennessee Central Railroad at pike crossing; thence with said right-of-way to the northeast corner of the Watertown Rolling Mill lot; thence south with said lot and to the Round Lick Creek ; thence in a westerly direc- tion with the meanderings of said creek to the eastern line of the Watertown and Statesville road ; thence north with said road's eastern line to the south line of the Tennessee Central Railroad right-of-way; thence with south line of said right-of-way to the beginning, and shall embrace all lands in the said boundaries. Sec. 3. Be it further enacted, That all parcels of land certain lands within the f oregoing boundaries not improved and used for taxSf* from * armin? purposes, or that are uncultivated, exceeding one acre, shall be free from municipal taxation until improved, and when an improvement shall have been made, one acre, together with the improvements thereon, may be subjected to taxation. Sec 4. Be it further enacted, That the government of said town shall be invested in a Mayor and six Aldermen, — 5 — to be chosen every year by the qualified voters of said officers. town; and all persons residing in said town, and all per- sons owning real estate in their own name in said town, bat residing without its limits, who would be qualified to rote for the members of the General Assembly, shall be qualified to vote for Mayor and Aldermen and in all town elections. Sec. 5. Be it further enacted, That the Mayor shall bold his office for two years and until his Mayor; Duties, successor shall be elected, and qualified. No per- son shall be elected a Mayor who is not at the time a citizen of the State of Tennessee, a qualified voter, one year a bona-fide resident of said town, and shall be a free- bolder to the assessed valuation of five hundred dollars. The Mayor shall be ex-officio Recorder, but may decline to perform the duties of Recorder, in which case the Recorder shall be appointed as hereinafter provided. He may fill all vacancies occurring in offices except that of Aldermen, until the same shall be filled in the manner pro- vided by this act, and shall receive no compensation or sal- aiy as such Mayor. It shall be the duty of the Mayor, un- less relieved by the Board of Aldermen, to preside at all meetings of the Board, but he will not be permitted to vote for any officer or agent, nor upon any measures, proposi- tion, or ordinances before the Board, except in case of a tie, and he shall then give the casting vote. In the event be is absent, or does not preside, sucn member of the Al- dermen shall preside as they may determine by majority vote or ordinance. It shall be the duty of the Mayor to take care and see that all ordinances and laws of the town are duly enforced, observed, and obeyed, and he shall, on application, instruct officers in their duty. Before enter- ing upon the duties of his office, he shall take an oath to faithfully demean himself in office and discharge the du- ties thereof. It shall be his duty, from time to time, to lay before the Board of Aldermen in writing all matters and things that he may deem it important to have acted upon, accompanied with suitable recommendations, and to call special sessions of the Board of Aldermen whenever be may deem it necessary and expedient, at which special session no ether business than that for which the session is called shall be transacted. He may remit wholly or in part fines, costs, forfeitures, and penalties imposed by the Dut|eg of corporate courts, but shall make a report of such remis- Mayor. rions at the next meeting of the Mayor and Aldermen, to- 6 — Aldermen. Powers of Mayor and Aldermen. gether with his reasons therefor. For any malfeasance or misfeasance in his office as Mayor he shall be subjected to be charged by the Board of Aldermen and fined and dis- missed from his office as the Aldermen may in their wis- dom determine for the best; and on such trial the Alder- men shall elect by ballot one of their number to preside, and shall take an oath to faithfully and impartially try and render judgment on such trial. Sec. 6. Be it further enacted. That no person shall be an Alderman unless he be a citizen of the State of Ten- nessee, a qualified voter, and shall be a freeholder to the assessed value of two hundred dollars, and for one year a bona-fide resident of said town. Each Alderman before entering upon the duties of his office shall take an oath to faithfully demean himself in office and discharge the du- ties thereof. The Board of Mayor and Aldermen shall have full power and authority to appoint and elect all officers, serv- ants, and agents of the corporation, and they shall have power for sufficient causes to dismiss and discharge any officer or agent that they may appoint by a majority vote of the Aldermen present. Four Aldermen shall constitute a quorum to transact business, and Aldermen shall hold their office for one year, and until their successors are elected and qualified. Every Alderman guilty of malfeasance or misfeasance in office shall be subject to be charged and tried by the Board of Aldermen and fined or dismissed from their of- fice as in their wisdom they may deem for the best; and on such trial the Mayor shall preside and have the casting vote. Before entering on such trial, each Alderman and the Mayor shall take an oath to faithfully and impartially try the accused and pass judgment. Sec. 7. Be it further enacted, That the Mayor and Alderman of Watertown shall have full power and author- ity by ordinance within the town ; first to levy and collect taxes for school and corporation purposes, and to dispense the same, upon all property taxable by law for State pur- poses, provided that the ad valorem asssessment on prop- erty for the purpose of meeting the current expenses of the corporation, shall not exceed fifty cents. 2. To levy and collect taxes upon all privileges and polls taxable by law for State purposes provided, however, that all taxes collected from poll tax shall be for school purposes only. — 7 — 3. To appropriate money and provide for the payment of the debts and expenses of the town. 4. To make regulations and laws to secure the health, safety, peace, and comfort of the town, determining what shall be deemed nuisances, and removing, preventing, and abating the same. 5. To make regulations and laws to prevent the intro- duction and spreading of contagious diseases, and to estab- lish pest houses and hospitals. 6. To alter, abolish, widen, extend, establish, grade, pave, or otherwise improve, clean, and repair streets, al- leys, sidewalks, pavements ; and to fix and determine the boundaries and location of lots, streets, and alleys; and to declare and determine what streets shall be opened and graded and what sidewalks and pavements shall be built and the width and quality of the same. And if the owner of the ground shall fail to comply with the provisions of 3uch laws and ordinances as may be pre- scribed thereby, the corporation may contract with some suitable person, the best terms that can be made, for the construction and repairing of such sidewalks and pave- ments, and pay for the same, and the amount so paid and expended shall constitute a charge against the owner of the ground on which said work shall be done, to be recov- ered by suit, in the name and for the use of the corporation before any court of law having jurisdiction of the amount, and the amount so paid shall be a lien on said lots or p*5JJrJ^Bd grounds ; provided that a reasonable compensation shall be Aldermen. paid to such persons whose ground may be taken or right effected in widening or extending streets and pavements ; and such grounds shall not be taken and used for the pur- poses aforesaid unless by consent of the owner, until such compensation and damages have been fixed, declared and paid or secured or an offer to secure and pay the same, and a refusal to receive said pay or damages by the owner ; and provided that said compensation or damages may be fixed by three disinterested persons, to be selected by the Mayor and- Aldermen and the person owning the ground, each selecting one and the two selecting the third. And in case of the refusal of one of the parties to select such dis- interested person, then the party desiring the valuation or assessment of damages shall select five disinterested persons to make and report the same. 7. To establish, support, and regulate a night watch and day police. — 8 — 8. To regulate the vending of meats, poultry, fish, and vegetables belonging to the town, in or out of the cor- porate limits. 9. To license, tax, and regulate auctioneers, grocers, merchants, druggists, retailers, taverns, brokers, shavers, bankers, confectioners, coffee houses, restaurants, profes- sions, insurance companies and agents, hawkers, ped- dlers, artists, livery stables, billiards, ninepin and tenpin alleys, drays, hacks, wagons and omnibusses, and all other businesses and occupations lawful to be carried on and con- ducted within the corporate limits of the town and which are taxable by the State; provided, that no tax shall be imposed on any business or calling or property exempt by taxation by the State. 10. To license, regulate, and suppress theatricals and other shows, exhibitions and amusements, and to regulate and suppress all disorderly houses and assemblies. 11. To prohibit gaming and gaming houses in the cor- porate limits, and to prohibit by ordinance the sale by re- tail or wholesale for beverage purposes, or the giving away for beverage purposes, of intoxicating liquors, including ale, wine, and beer, within the limits of said corporation, and to provide by ordinance suitable penalties for the vio- lation of such ordinance, and to prevent the sale or giv- ing such liquors to minors, within the limits of such cor- poration, and to provide suitable penalty for the preven- tion of same. 12. To prohibit gaming and gaming houses in the cor- porate limits, and to prohibit the selling of liquor and abolish, close, and fill up sinks. 13. To impose fines, forfeitures, and penalties for the breach of any law or ordinance of the town, and to provide for the recovery of the same. 14. To provide for the arrest and confinement until trial of all rioters, drunken and disorderly persons In the M^or°and town by day or night, and to authorize the arrest and de- ai ermeii. fention of all persons found violating any ordinance of said town. 15. To prevent and to punish by pecuniary fines and penalties all breaches of the peace, fighting, drunkenness, disorderly conduct, and disturbances by day or night, and within the corporate limits. 16. To prevent and remove all filth in the town and all encroachments into and obstructions upon all streets, lanes, alleys, sidewalks, and pavements, and for the cleaning of the same. Powers of — 9 — 17. To erect and establish a workhouse or house of cor- rection and organize the same in or near the town, and any person who shall fail or neglect to pay any fine and cost or to secure the same or give bond to appear to work out his fine that may be required, shall be committed to the workhouse until such fine and costs are paid or secured, and for such time as may be adjudged. And every person so committed shall work for the town at such labor as his or her health shall permit, within or without said work- house, not exceeding ten hours each day, and for such work shall be allowed, exclusive of board, a credit upon aoch fine and cost of such amount as may. be fixed by the Mayor and Aldermen for each day of work until the whole is discharged, when such person shall be released. 18. To appoint a city marshal or police officer, a Ee- corder in case the Mayor declines to serve as Recorder, a Treasurer, a Secretary, who may also be collector of taxes, i Health Officer, and all such other officers and agents as the necessities of the incorporation may require, and as the Board of Aldermen shall determine are needed, and fix and declare their pay and compensation, provided that no officer of this corporation shall receive compensation for services rendered except the city marshal or police officer, whose salary shall in no case exceed twenty-five dol- lars per month, and that of Secretary and collector of taxes who shall receive not more than fifty dolars per year, and provided further that the Eecorder shall re- ceive such fees for cases tried by him as are allowed Jus- tices of the Peace for like cases. 19. To designate and inclose a plat of ground in or near the town, not to the annoyance of any citizen, where all speeding of horses or other animals and where all exhi- bitions and shows of stock and jockeyings may be con- ducted, and prohibiting the same in other portions of the town under penalties prescribed by ordinances. 20. To pass all by-laws and ordinances for the govern- ment of the town and the rightful enjoyment of the power p°Mavor°and herein conferred, as may be deemed necessary, and possess A1(fcrme»- and exercise the power to pass all reasonable ordinances, fa the regulation and preservation of public morals the health and peace and good order of the town conferred by the code on municipal corporations, provided they be not incompatible with the constitution and laws of the land. Sec. 8. Be it further enacted, That the marshal of the city of Watertown shall take an oath to perform well and Marshal. Recorder. Taxes; how assessed. Bonds or officers. — 10 — truly the duties of his office, and he shall have full power and authority to execute within the corporate limits all State warrants which may come into his hands, as may be done by district constables under existing laws. Sec. 9. Be it further enacted, That the Board of Al- dermen shall have power and authority in the event the Mayor shall decline to perform the duties thereof, to elect and appoint a Recorder, who shall be invested with the powers of the Justice of the Peace, and hold his election for one year from his appointment or election. He shall have jurisdiction in all cases for violation of the criminal laws of the State as other Justices of the Peace, and shall hear and determine all breaches of the law and violations of the ordinances of the town, and be empowered to impose fines and costs, and preserve and enforce order in his court as other Justices of the Peace may do. The Recorder shall take the oath of office as prescribed for justices before entering upon the duties of his office. The Recorder, if not the Mayor, may be an Alderman, a Justice of the Peace, or other person the Aldermen may elect. Appeals shall lie from the judgments of the Recorder as are now allowed by law from Justices of the Peace. Sec. 10. Be it further enacted, That all taxes levied and assessed by the Mayor and Aldermen on property shall have the same lien (subject to State taxes), as is prescribed by law for State taxes; and in assessing and imposing taxes the basis and mode of assessment prescribed by law for State taxes may be observed, with such modifications as may be deemed suitable and proper for the town. All taxes shall be collected, upon the certificate of the town collector, in the same manner as the state taxes are col- lected by law when parties shall fail to pay. Sec. 11. Be it further enacted, That the corporation shall take from its officers and agents bonds in such amounts and such conditions as may be lawful, for the faithful discharge of duty and the sure accounting for the paying over of all moneys that may come into their hands, and it shall be unlawful for the Treasurer, Collector, Marshal, or other officer or agent empowered to receive the moneys of the corporation to enter on their offices un- til they shall have executed a good and sufficient bond, and all such officers and agents of the corporation shall make quarterly reports under oath to the Mayor of the trans- action and business of their office, showing the amount of money received and from what source and the dispo- —11— sition of the same, and the Mayor shall keep a record of said reports and publish the same in the town paper. Ssc. 12. Be it further enacted, That the Mayor and Aldermen shall have full power and authority to sell and convey, lease, and otherwise dispose of all property, real and personal, belonging to the corporation as to them shall seem best All conveyances of property to the corporation shall be made to the Mayor and Aldermen, and all convey- ances from the corporation shall be executed by the Mayor. 8eo. 13. Be it further enacted, That the Board of Al- dermen shall have the power to correct the assessment of taxes and to reduce and enlarge the same in all proper cases, and release taxes in proper cases. Sec. 14. Be it further enacted, That on the third Saturday in December, 1905, and on the same day an- nually thereafter, an election shall be held in the city of Election of Watertown for the purpose of electing a Board of Mayor offlcere- and Aldermen for said town, whose term of office shall begin on the first Monday of the next succeeding January, and who shall serve for a term of one year and until their snecessors are duly elected and qualified. The officers and judges and clerks to hold said election shall be appointed by the Board of Mayor and Aldermen, and all persons qualified to vote under the provisions of this act shall be entitled to vote at said election. The officer holding the election shall certify the returns to the existing Board of Mayor and Aldermen who shall canvass the same and declare the result, and should there be a tie they shall decide the election by a majority vote. Sic. 15. Be it further enacted, That the powers, rights and privileges of this act shall not be lost or forfeited by a failure to hold an election every year, as herein directed, but shall continue and be exercised at any time by the Mayor and Aldermen when elected in accordance with the provisions of this charter ; and if for any cause the election of Mayor and Aldermen should not occur on the day fixed by this Act, it shall be held, as provided by law, within thirty days thereafter, and on not less than ten days notice. Sec. 16. Be it further enacted, That arrests for all violations of corporate ordinances committed within the limits of the town may be made with or without warrants, In 0Jlle of and may also be made within one mile of the nearest cor- JjJJ™ to porate boundaries by any policeman or officer having a election. warrant for such arrest. — 12 — Sec. 17. Be it further enacted, That the Board of Mayor and Aldermen of the city of Watertown shall have Indfe££dn«M no power or authority to incur any indebtedness in excess of the revenues derived from ad valorem, poll, and privi- leges taxes for current year. Sec. 18. Be it further enacted, That-first Board of pirst Board. Mayor and Aldermen of the city of Watertown under ibis charter shall be the following named persons — to-wit: Caesar Thomas, Mayor; Aldermen: L. A. Phillips, J. A. Boyd, W. P. Phillips, E. B. Johnson, J. 0. McAdoo, J. R. Smith. And they shall hold their office and exercise all the power conferred and perform all the duties imposed by this act until their successors have been duly elected and qualified. Sec. 19. Be it further enacted, That this Act take effect from and after its passage, the public welfare requir- ing it. Passed January 27, 1905. J. L OOX, Speaker of the Senate. W. K ABERNATHT, Speaker of the House of Representatives. Approved February 4, 1905. JAMES B. ERAZIER, Governor. CHAPTER 2. Senate Bill No. 114. A BILL to be entitled "An Act making it unlawful to sell or give to minors, under seventeen years of age, tobacco, smoking tobacco, leaf tobacco, or tobacco manufactured in any form, without the permission of the parents, guardian, or other person having legal control of such minors, and fixing the penalties for violations of the same." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter it shall be unlawful for any person, firm, or corporation, their employees, agents, or servants, or any one for them knowingly to sell, to give, furnish to, or procure for any person under the — 13 — age of seventeen years, tobacco, smoking tobacco, leaf tobacco, or tobacco manufactured in any form, without permission first obtained from the parents, guardian, or other person having legal custody and control over such minors under the age of seventeen. Sec. 2. Be it further enacted, That any person, firm, or corporation violating Section 1 of this Act shall be guilty of a misdemeanor, and on conviction therefor, shall be fined not less than ten nor more than fifty dollars for eacL offense. Sec. 3. Be it further enacted. That the several judges in this State having criminal jurisdiction, shall give this Act in charge to the grand juries of their counties. Skc. 4. Be it' further enacted, That grand juries are hereby given inquisitorial powers over all offenses com- mitted under this Act Seo. 5. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed February 2, 1905. J. I. COX, Speaker of the Senate. W. K ABEENATHY, Speaker of the House of Representatives. Approved February 4, 1905. JAMES B. FEAZIEE, Governor. OHAPTEE 3. Senate Bill No. 91. AN ACT to redlstrict Hamilton County so as to divide the same into six civil districts in lieu of the twenty civil districts as therein now existing, to renumber the same, to regulate the manner of increasing the districts hereafter, and to provide that the twenty school districts shall remain unchanged. Section 1. Be it enacted by the General Assembly of Ae State of Tennessee, That Hamilton County be and the aame is hereby redistricted and the districts renumbered so as to divide said county into six civil districts, num- — 14 — bered from one to six inclusive, instead of the twenty civil districts as heretofore, and up to this time laid out and existing as follows : 1. That the territory of said county heretofore and up First District, to this time embraced in the Fourteenth Civil District shall be hereafter known and denominated and shall con- stitute the First Civil District. 2. That part of the territory of said county heretofore and up to this time embraced in Second, Third, and Six- second District teenth Civil Districts, and that part of the First Civil District which lies east of the Cincinnati, New Orleans, and Texas Pacific Eailway and south of the south land lines of the Hazard Powder Company, H. J. Springfield, Mrs. A. . J . Stephens, Frank Hixon, the Church Hill lands, Wm. Hensley's south and east lines to where the same in- tersects the Harrison Ferry road; thence eastward along the Harrison Ferry road to the Dallas spring branch; thence eastwardly along the Dallas spring branch to the Tennessee River, shall constitute and be hereafter known and denominated as the Second Civil District of Hamilton County. 8. That part of the territory of said county heretofore rrKi«i ™ and UP *° tk*8 time embraced in the Eighth, Eleventh, Third District. Twelfth and Thirteenth Civil Districts and all the First Civil District, except that part of said First Civil District attached by the preceding paragraph of this Act to the Second Civil District, shall constitute and be hereafter known and denominated as the Third Civil District of Hamilton County. 4. That part of the territory of said county heretofore and up to this time embraced in the Fourth, Seventeenth, pourth District Nineteenth and Twentieth Civil Districts of said county shall constitute and be hereafter known and denominated as the Fourth Civil District of Hamilton County. 5. That part of the territory of said county heretofore and up to this time embraced in the Fifth, Ninth, and Piftb District. Fif teonth C{vil Difltrictg shall constitute and be hereafter known and denominated as the Fifth Civil District of Hamilton County. 6. That part of the territory of said county heretofore and up to this time embraced in thte Sixth, Seventh, sixth District. Tenth and Eighteenth civil Districts shall hereafter con- stitute and be known and denominated as the Sixth Civil District of Hamilton County. Sec. 2. Be it further enacted, That no civil districts in excess of the number herein and hereby created and es- — 15 — tablished shall be created out of any of the territory of said county unless authorized by an Act of the General Assembly of the State of Tennessee. Sjec. 3. Be it further enacted, That the twenty school school districts in said county shall be and remain as heretofore and up to this time constituted and established, and that nothing in this Act shall be construed as changing either the number or lines of said twenty school districts as now existing. Rfc. 4. Be it further enacted, That this Act take effect on the first Thursday in August, 1906, at the general elec- tion for Justices of the Pe#ce and other district officers, but nothing in this act shall be so construed as to prevent any officer elected from the civil districts from serving out his term of office. Passed January 30, 1905. J. I. COX, Speaker of the Senate. W. K ABERNATHT, Speaker of the House of Representatives. Approved February 3, 1905. JAMES B. FRAZIER,. Governor. CHAPTER 4. Senate Bill No. 52. AN ACT to amend Chapter 438, Acts of 1901, being "An Act to amend an Act entitled 'An Act to divide the State of Tennes- see into Judicial Circuits and Chancery Divisions, and to provide for the administration of justice and equity in the Circuit and Chancery and other inferior courts of this State, and to fix the time for holding the terms of said Chancery, Circuit, and other courts/ passed April 21, 1899, and approved April 22, 1899, so as to provide for a different arrangement of the counties in the First and Second Chancery Divisions therein created, and to provide the times for the holding of the same," so as to change the time of holding the Chancery Court of Scott County in the Second Chancery Division. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 2 of said Chapter 438, of the Acts of 1901, he amended so as to provide that the Chancery Court of Scott County, in the Second Chan- cery Division, shall be held on the second Mondays in — 16 — February and August, instead of the third Mondays in January and July. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed January 30, 1905. J. I. COX, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved February 3, 1905. JAMES B. FRAZIER, Qovernor. CHAPTER 5. Senate Bill No. 3. A BILL to be entitled "An Act to amend an Act entitled 'An Act to fix the times and place* for holding the Circuit Courts of . the First Judicial Circuit of Tennessee/ passed March 19, ' 1903, and approved March 26, 1903, and being Chapter 198 of the published Acts of 1903, by striking out the word 'third' after the words 'Carter County/ and inserting in lieu thereof the word 'second/ " Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 198 of the published Acts of 1903, entitled, "An Act to fix the times and plaxses for holding the Circuit Courts of the First Judicial Circuit of Tennessee," be and the same is hereby amended as follows — to-wit: By striking; out the word "Third" after the words "Carter County" and inserting in lieu thereof the word "Second" so that the last line at bottom of page 439 shall read: "Carter County, second Monday in February, June, and October." Sec. 2. Be it further enacted* That this Act take effect from and after its passage, the public welfare requiring it. Passed January 30, 1905. J. I. COX, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved February 3, 1905. JAMES B. FRAZIER, Governor. —It- chapter 6. Senate Bill No. 90. A BILL to be entitled "An Act to authorize banks, bankers, trust companies, and Individuals to make advances In money on tobacco In barns, storage houses, warehouses, sheds, or else- where, which advance shall constitute and be a lien on same, and be a debt against the purchaser thereof, If such tobacco should be sold without liquidating the lien. Also providing the form of note which shall be executed for such advances; also providing for acknowledging such notes and providing for form of book, in which such notes shall be registered, and fee which shall be charged therefor." Section 1. Be it enacted by the General Assembly of &e 8tate of Tennessee, That it shall be lawful for banks, bankers, trust companies, and individuals to make such ad- Lien Created ranees in money on tobacco in barns, storage houses, ware- houses, sheds, or elsewhere, which advance shall constitute and be a lien on same, and shall be a debt against the pur- chase thereof for six years, should such tobacco be sold without liquidating the lien. Provided the lien herein referred to shall be enforced in the same manner that the landlord's lien is now enforced by law. Sec. 2. Be it further, enacted, That the lien thus ere- " tted shall expire on the first of July next preceding after date of the advance. S*c. 3. Be it further enacted, That in making these advances the following form of note shall be used : $ 190; . Popmof note# months after date promise to pay to the order of dollars for ▼alue received ; it being an advance on my crop of to secure the payment of which a lien is hereby given on said crop of about acres raised in the year 190 . . on the farm of in the district of county, supposed to be pounds now in There is on this crop of rents $ supplies $ > work stock $ Sec. 4. Be it further enacted, That the signer or sign- Acknowled . ersof these advance notes shall acknowledge their signa- mentofnpte, tares before the County Court Clerk, or anyone else au- 3 Record in — 18 — thorized by law to take such acknowledgments, who shall receive the sum of 25 cents for taking such acknowledg- ment; and said advance notes after being duly acknowl- edged shall then be lodged with the County Register, who shall note the time, month, day, hour, and minute on the back of the note and in the register book, for which he shall receive 25 cents for the registry. Sec. 5. Be it further enacted, That there shall be kept in the Register's office a book properly ruled with spaces offi^"^'8 sufficiently wide for the following headings to be printed thereon, in which all the advance notes shall be registered : Date of acknowledgment; date of advance note; name of person receiving advance; name of bank, etc., or person making the advance ; advance on tobacco ; on whose farm raised ; number of civil district ; county ; year tobacco was raised ; amount of advance ; amount of rent, if any ; amount of supplies, if any ; amount of work, if any ; where the tobacco is stored ; about number of pounds ; remarks. This book shall also be properly indexed. Sec. 6. Be it further enacted, That rents, supply ac- counts, and work stock debts and other landlord liens shall take precedents over these advances. Sec. 7. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 24, 1905. J. I. oox, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved February 3, 1905. JAMES B. FRAZIER, Governor. — 19 — CHAPTEE 7. Senate Bill No. 20. AN ACT giving to grand juries inquisitorial power in cases of public drunkenness. Section 1. Be it enacted by the General Assembly of (he State of Tennessee, That the several Grand Juries of this State be, and they are hereby authorized and empow- ered to inquire into violations of the law in all cases of public drunkenness, and to make presentments for said offense without the aid of a prosecutor. Sec. 2. Be it further enacted, That it shall be the duty of the several judges of the Circuit and Criminal Courts having cognizance of said offense to give the same in charge to the respective grand juries. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 24, 1905. J. I. COX, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved February 3, 1905. JAMES B. FRAZIER, Governor. — 20 — CHAPTEE 8. Senate Bill No. 7. AN ACT to facilitate the trial of causes in the Circuit Courts of this State which have been appealed from judgments of Jus- tices of the Peace, pending the sitting of the Circuit Court of the county. Section 1. Be it enacted by the General Assembly of the State of Termessee, That every civil case tried before a Justice of the Peace, during the sitting of the Circuit Court of the county from which an appeal is perfected, the Justice of the Peace shall within five days after said appeal has been perfected, deliver the papers in the cause to the Clerk of the Circuit Court ? and if the Circuit Court shall continue in session ten days after the papers shall have been filed with the clerk, the cause shall be placed on the trial docket and stand for trial at that term of the court. In such cases either party may demand trial by jury within seven days after the right of appeal has accrued. Sec. 2. Be it further enacted, That nothing in this Act shall in any way effect the present law or rule of demanding a jury on the first day of the term of the Cir- cuit Court at which the case is to be tried. Sec 3. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it. Passed January 30, 1905. J. I. COX, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved February 3, 1905. JAMES B. FRAZIER, Governor. — 21 — OHAPTEE 9. Senate Bill No. 85. A BILL to be entitled "An Act to change the county line between Putnam and Jackson Counties." Sxctiok 1. Be it enacted by the General Assembly of (he Btaie of Tennessee, That the county line between Put- nam and Jackson counties be so changed as to detach the portion of land belonging to F. P. Jared, which is in Jack- son County, and attach the same to Putnam County. 8*e. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 26, 1905. J. I. COX, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved January 30, 1905. JAMES B. FRAZIER, Governor. CHAPTER 10. Senate Bill No, 44. .AN ACT to amend Chapter 25 of the Acts of 1873, entitled "An Act to establish a uniform system of pubUc schools in refer- ence to the duties of State Superintendent" 8*ction 1. Be it enacted by the General Assembly of th State of Tennessee, That Section 7 of said Act be amended by adding at the end of the paragraph num- bered 2 in said section, the following words: To suspend the schools of any county for one day in each year when he may deem it necessary upon giving proper notice and to require all teachers and school officers upon the day so appointed, to attend at a designated hour and place for the purpose of instruction and conference, and all teachers attending such meeting or conference under the regulations of the State Superintendent shall receive a certificate of attendance which shall entitle them to receive pay for the said day under their respective con- tracts to the same amount as if their respective schools had continued in session for the said day. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it- Passed January 26, 1905. J. I. COX, Speaker of the Senate. W. K. ABERNATHY, Speaker of the Rouse of Representatives. Approved January 30, 1905. JAMES B. FRAZIER, Governor. CHAPTER 11. Senate Bill No. 42. AN ACT to prohibit any person who shall feloniously kill another, or who shall conspire or procure the same to be done, from inheriting or in any way taking the property of the deceased. Section 1 . Be it enacted by the General Assembly of the State of Tennessee, That any person who shall here- after kill, or conspire with another to kill, or procure to be killed, any other person from whom such person so killing or conspiring to kill, or procuring said killing, would in- herit the property, real, personal, or mixed, or any part thereof, belonging to such deceased person at the time of death, or who would take said property by deed, will, or otherwise, at the death of the deceased, shall forfeit all right, interest and estate in, and to said property, and the same shall go to such other persons as may be entitled thereto by the laws of descent and distribution, or by will, deed, or other conveyance duly executed by the deceased in — 23 — his or her lifetime ; provided that this Act shall not apply to any such killing as may be done by accident, or in self- defense. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed, and that this Act take effect from and after its passage, the public welfare requiring it. Passed January 24, 1905. J. I. COX, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved January 30, 1905. JAMES B. FRAZIER, Governor. CHAPTER 12. Senate Bill No. 6. AN ACT to repeal and abolish the charter of the town of Moun- tain City, to reincorporate said town, and to define its rights and powers. Section 1. B* it enacted by the General Assembly of the State of Tennessee, That the charter of the town of charter of Mountain City, in Johnson County, be, and the same is, city hereby hereby repealed and abolished, and that said town have in wi? taken lieu thereof the charter hereinafter granted. GeneraiLawi Sec. 2. Be it further enacted, That the town of Moun- JJJ*{Jod in tain City, in Johnson County, and the inhabitants thereof, secretary of are hereby constituted a body politic and corporate by the name and style of the town of Mountain City, and shall hare perpetnal succession ; that by this name and style it shall sue and be sued; contract and be contracted with; grant, receive, purchase, and hold real, mixed, and per- ^nal property, and dispose of the same to the benefit of said town ; and may have and use an official seal. Sec. 3. Be it further enacted, That the boundaries of said town hereby incorporated shall be as follows — to-wit: — 24 — Beginning on a stake in Roan Creek at the base of Doe Mountain, near a trestle of the Virginia and Southwestern Railway Company, and on a line of the lands of the H. Boundaries. T. D. Wills, and Laura Murphy; then east with the line of H. T. D. Wills and Laura Murphy, 100 poles to a stake in Cold Branch; thence north 65 east, 104 poles to the south end of the plank fence, a corner of R. A. Donnelly and the heirs of T. S. Smythc, deceased ; thence with said fence, north 16 east, 46 poles to the bank of a drain, west of the house of Mrs. Friddles ; thence north, 45 poles to a stake at the branch, above the residence of T. J. Cross- white; thence north 35 west, 148 poles to a fence on a line of E. E. Butler; thence north 14 west, 86 poles to a plum bush at the garden fence of S. D. G. Butler ; thence north 60 west, 76 poles to a corner of S. D. G. Butler and Elbert Johnson on top of a ridge ; thence with the line of E. F. Johnson, S. D. G. Butler and R. H. Butler, west, 96 • poles to a stake at the forks of the road; thence up the road and with the line of the fence, on the south side of said road, passing the residence of John K. Wilson, 158 poles to a stake on the south side of said road; thence south, 150 poles to the northeast corner of the lands of Abraham Wilson; thence south 55 west, 96 poles to a stake in the hollow, northwest of the residence of A. T. Barry ; thence in part with the line of A. T. Barry, south 26 east, 134 poles to the lower lime kiln road; thence south 80 east, 23 poles to the upper lime kiln road; thence with said road, south 70 east, 60 poles to a small chestnut on top of a ridge, in the cleared land of the Virginia Iron, Coal and Coke Company ; thence south 80 east, 134 poles to a bunch of alders on the east bank of the creek ; thence down the creek, as it meanders, to the beginning. Sec. 4. Be it further enacted, That all the real and personal property and all legal claims, fines, and forfeit- ures belonging to the said town of Mountain City, the charter of which is herein repealed, shall hereafter belong to the town of Mountain City hereby created; that all legal debts, claims, and demands now existing against the Municipal town of Mountain City, the charter of which is herein prop«riyf etc. repealed, shall hereafter belong to the town of Mountain City hereby created; that all legal debts, claims, and de- mands now existing against the town of Mountain City, the charter of which is herein repealed, be assumed and paid by the town of Mountain City, hereby incorporated, and constitute legal and valid claims against it. — 25 — Sec. 5. Be it further enacted, That the officers of the town of Mountain City shall be a Mayor, four Aldermen, As to offlcerft. a Marshal, Recorder, and such subordinate officers as the interest and well-being of the town may demand. The Mayor and Aldermen shall be elected by a popular vote, and shall hold their office for two years, and until their successors arc elected and qualified. All other officers of the town shall be elected by the Mayor and Aldermen, and shall hold their offices for one year, and until their success- ors are elected and qualified, unless sooner removed by the Mayor and Aldermen for cause. The election of all the officers that are to be elected by the Mayor and Alder- men Bhall be as hereinafter provided. The present Mayor and all other officers of the town of Mountain City shall hold their respective offices, and do and perform all the duties imposed upon them under the ordinances of said town, as they now exist, until the expiration of the term for which they were elected, and until their successors are elected and qualified. The beginning of the term of all the Term" officers of the town of Mountain City shall be the. first Monday in April, next, after their election, and the first popular election for the election of officers for the town of Mountain City shall be held on the fourth Saturday in March, 1905, at which time the Mayor and four Alder- men shall be elected. Said election shall be opened and held by the commissoners of election of Johnson County, after advertising for ten days by written or printed posters in said town, giving the time, place, and purpose of said election, assisted by such judges and clerks as the State law provides, to be appointed by such commissioners. Said election shall be governed by the same laws governing the elections in this State for State and county officers. Any person who is a qualified voter for the members of who may vote, the General Assembly under the laws of Tennessee in Johnson, and who shall have been a resident of said town for 30 days immediately preceding said election, shall be ^titled to vote in said election and have his vote counted *s cast Non-residents of the town of Mountain City, hav- ing a taxable freehold in said town, and who are qualified voters for members of the General Assembly at some place in Tennessee, shall be entitled to a vote, and the **iue qualifications that entitle a person to vote in said Section shall entitle him to vote in all subsequent elections held in said town. The commissioners of election holding said election shall at once make two certified copies of 26 — Old ordinances, Oath of office. Organ! zali on of Board. Powers. said election, showing the names of all candidates voted for, what offices they were voted for, and the number of votes received by each. One copy they shall deliver and deposit with the County Court Clerk of Johnston County, and the other shall deliver to the Mayor. The four candi- dates receiving the highest number of votes for Aldermen shall be declared elected Aldermen for said town of Moun- tain City, and shall hold their offices for a term of two years, provided that any qualified resident voter in said town shall be eligible to the office of Mayor and Aldermen. Sec. 6. Be it further enacted, That if in any election there should be a tie in the votes cast for any two candi- dates for Mayor, the matter shall be referred to the people and another election for Mayor shall be opened and held in said town, as soon thereafter as practicable, and if there should be a tie in the vote cast for any two Aldermen, the Mayor and Aldermen elected, between whom there is no tie, shall settle such controversy by a majority vote at their first meeting. Sec. 7. Be it further enacted, Provided, further, that all resolutions and ordinances heretofore enacted by the Mayor and Aldermen of said town, as they now exist, not in conflict with this charter, and not repealed or re- scinded by it, shall be and remain in full force and effect until ordered modified or repealed by the Mayor and Al- dermen. Sec. 8. Be it further enacted, That the Mayor and Aldermen before entering upon their duties shall take an oath that they will honestly and faithfully discharge the duties of their office without partiality, favor, or effection. Sec. ' 9. Be it further enacted, That said Mayor and Aldermen shall on the first Monday in February, after their election, organize, and shall hold their offices as herein provided, and until their successors shall have been elected and qualified. Any vacancies occurring, either of Mayor or Aldermen, whether by death, resignation, or otherwise, shall be filled by the remaining members of the board. Sec. 10. Be it further enacted, That the Mayor and Aldermen of the town of Mountain City are hereby em- powered : (1) To enact such ordinances and by-laws as may be necessary to preserve the health, quiet, peace, morals, and good order of the town, including such quarantine regula- tions, not to exceed one mile outside the town limits, as — 27 — occasion may require, in such ways as not to conflict with the laws of the State. (2) To fix the compensation of all officers and agents of said corporation. (3) To declare what is a nuisance and prevent and abate the same. (4) To levy and collect taxes on all property within the corporate limits, taxable by law for State purposes, and on polls, provided no levy for general corporate purposes, in- TaxeMate eluding the annual tax levy for the payment of bonds etc. and interest thereon shall not exceed one dollar and thirty cents ($1.30) on each one hundred dollars ($100) valuation of taxable property, and not exceed one dollar ($1) on polls; and provided, further, that before any board shall make the tax levy for general corporate pur- poses, which shall be made annually, they shall make and record on their minutes an estimate or budget of expenses for the coming year, to which reference shall be had in making their tax levy. The tax levy to be made annually, and not later than the month of March. (5) To appropriate money and provide for the debts and running expenses of the corporation. (6) To license and tax all privileges taxable by the laws of the State. (7) To regulate, prohibit, or suppress theatrical shows or other exhibitions. (8) To regulate and suppress gaming and gambling honses, disorderly houses, bawdy houses and houses of ill Gaming, fame, or assignation houses, and all houses where one or more men and women meet for lewd purposes, or prostitu- tion or adulterous cohabitation, and they shall have the power to declare all such places nuisances and abate them as such. (9) To suppress and prevent the carrying of concealed weapons or the sale of same. (10) To regulate the storage, sale, or use of firecrackers and all other fireworks and toy pistols, explosives and combustibles. (11) To provide for the inspection, weighing, and measuring of coal, wood, and other fuel, hay, corn, or other pain brought to or sold on the market, for the use of citizens of said town. (12) To impose fines, forfeitures, and penalties for the breach of ordinances adopted under this Act, and to Plnes' etc' provide for their recovery, and the arrest of any party or • 28- Workhouse. Fire limits. Health and good order. Streets. Open same. parties breaching said ordinances, and provide for sen- tences of imprisonment in the town workhouse, to secure such fines, provided that no fine shall exceed fifty dollars. (13) To erect or rent or keep a calaboose or town prison in which to confine all parties violating town ordi- nances, under such regulations as they may by by-laws or ordinances adopt. (14) To erect or organize a workhouse in or near the town, and provide for committing and working in said workhouse or on the public streets or town works, any per- son who shall fail to pay or secure any fine or cost assessed against them for the violation of any ordinance, or who for any such violation may be sentenced to said workhouse, and provide for the management and control of the same. (15) To regulate or prohibit the running at large in the streets of dogs or other animals. (16) To designate in said town certain districts as fire limits, and provide for the character of houses that may be built in said limit or limits, and to regulate the same. (17) To provide for the support and maintenance of a police force and maintain the same. (18) To lay said town off into any number of wards not more than three, and change same from time to time. (19) To pass all ordinances necessary for the health, peace, safety, and convenience and good order of the town, and for the suppression and prohibition of any and all acts and things made criminal by the laws of the State, and to provide a punishment for a breach of the same; provided that in cases amounting to felonies the offender shall be bound over to the Circuit Court of Johnson County. (20) To condemn, take, use, and appropriate the grounds necessary to widen or extend streets, avenues, and alleys, but it shall pay to the owner or owners of said grounds the actual value of the ground taken for such use, taking into consideration the improvements made as against damages. (21) To keep up the streets, alleys ,and sidewalks of said town, and to fix the grades of the same. To open others, abolish, sell, widen, or extend the same, and to pass all necessary ordinances, requiring the owner of the lots to make stone, plank, or other sidewalks in front of their property along any street, and if the owner's refuse to provide a remedy and create a lien on said property of the same. — 29 — (22) To prevent engines and trains from blocking the street and alleys of said town, and to regulate their speed through said town. (23) To make suitable regulations for the preservation Fiwregui*. of life and property from fire and other casualties and to pass ordinances requiring all parties, before erecting any buildings in said town, to obtain written permission from a building committee, which may be appointed and gov- erned by suitable regulations. (24) To provide for the organization and regulation of fire companies, volunteer or otherwise. (25) To provide for the inauguration and operation of a system of water works and electric lights, and to regu- late and fix the prices to be paid by the consumers thereof ; waterworks, provided, that the Mayor and Aldermen may elect all nec- essary officers of the plant or plants and fix their salaries, or otherwise provide for the election, appointment, or em- ployment of such officers as they may choose, and to pass and enforce all proper and necessary and useful ordi- nances and regulations in reference to the operation of said plant or plants, and to enforce the same. (26) To regulate the police of the town, but in no wise to exclude the jurisdiction of the justice of the peace with- in said corporate limits. Sec. 11. Be it further enacted, That at the time of streetUx levy of taxes for general purposes by said Board of Mayor. and Aldermen, there may be levied a street tax, but not ex- ceeding fifty cents on the one hundred dollars of property, subject to taxation, to be collected as other taxes, and to be expended only npon the repair, construction, and mainte- nance of the streets, alleys, bridges, and culverts of said city, by and under the direction of the marshal as herein provided; and at the same time of the levy of said road tax, levy and assess against every male inhabitant of said city, not physically disabled and within the age prescribed by the State of Tennessee for road duty, a certain number of days, not exceeding 8 days, service to be performed upon the streets, alleys, bridge, and culverts of said city, the labor of which persons shall be under the control and supervising of the Board of Mayor and Aldermen and marshal, and work by direction of the marshal in such places and at such times as he may designate. The time at which such persons are required to perform such service and the duration thereof to be made known to them by said marshal in the same way as provided in Sections 1669, — 30 — 1671, and 1074 of Shannon's Code, and any person so noti- fied, who shall fail to work or send an able-bodied substi- tute in his place, or before the day designated for such working, shall fail to pay to the marshal of said city the sum of seventy-five cents for each day's labor required (which when collected shall be held and expended as other street funds) shall be guilty of a misdemeanor and sub- ject to all the penalties and liabilities and proceeded against by said marshal as provided in Sections 1667, 1668 of.K. T. Shannon's compilation of the laws of the State of Tennessee, regulating the working of the public roads of the State. Sec. 12. Be it further enacted, That the Mayor and indebtedness Aldermen are hereby authorized to contract indebtedness on behalf of the town, and upon the credit there, by issu- ing bonds of the town and disposing of them at not less than their par value for the purpose of obtaining money for the following purposes : (1) To purchase or erect and furnish a public school building. (2) To build, add to, or improve electric plant or plants, waterworks, and extend a system of piping and wires. (3) To organize and construct and perfect a sewerage system for the town ; provided, that before any bonds are Bonds for sew- issued under this authority, the Mayor and Aldermen ©rage. shall draw up a proposition that shall disclose thoroughly and fully the amount of bonds to be issued, the length of time they are to run, the rate of interest, and the purpose or purposes for which they are to be issued, and shall cause said proposition to be published in some newspaper published in said town, for not less than thirty days be- fore the day of the election, which shall be called upon proper notice in said town, which election shall be called for the purpose of submitting the said proposition to a vote in the said town, such election to be held as the State law provides. All persons qualified at the time to vote for Mayor and Aldermen shall be entitled to vote in said election, and no bonds shall be issued under said proposi- tion unless two-thirds of the votes cast in said election shall be in favor of said proposition ; provided that the defeat of any proposition shall not preclude its resubmission after twelve months from the date of any election held under this HetLiMued' Act; provided further, that no bonds issued under this au- thority shall run for more than 20 years, or bear a greater — 31 — rite of interest than six per cent per annum and shall not exceed in amount, for all the purposes mentioned, 20 per cent of the assessed value of the property of the said town of Mountain City, which interest may be paid annuallly or semi-annually, as provided in the bonds when issued, the bonds and coupons to be signed by the Mayor and countersigned by the Recorder, and the bonds shall bear the official seal of the corporation. When any bonds are is- sued hereunder for any of the purposes named, the Mayor md Aldermen shall have the power to pass and enforce all ordinances necessary to effectuate and carry out the pur- poses for which said bonds are issued, and may create any tad all necessary boards and commissioners, and to pass ordinances regulating their actions and duties. Whenever any bonds are issued hereunder, the Mayor and Aldermen my annually levy a tax upon all taxable property and privileges within the corporate limits of said town of a sufficient amount and for the purpose of paying the inter- eat on said bonds, and create a sinking fund to liquidate die same when they mature: Sec. 13. Be it further enacted. That upon the organ- ization of the first board and all other boards thereafter, or as soon thereafter as possible, the Mayor and Aldermen town6 Mar- shall elect a town recorder and a town marshal, whose shftl* terms of office shall be for one year, and shall provide for the compensation of said officers ; provided that no person shall be eligible to any one of those offices unless at the time he would be eligible to the office of Mayor. Sec. 14. Be it further enacted. That the Mayor shall Dutieg of preside at all meetings of the boards, unless absent, for Mayor. which provision shall be made by ordinance or by-laws. He shall see that all the by-laws and ordinances of the city Me properly respected and enforced, and shall have such other authorities and perform such other duties as the board may, from time to time, demand and impose, and in the absence, inability, or incompetency of the recorder, shall have all criminal jurisdiction hereinafter given to the recorder of the city for the violation of the ordinances or of the criminal laws of the State, or may sit with the re- corder in the trial of any offenses against the ordinances of the city or laws of the State. The Mayor shall have the power to make protempore appointments to fill vacan- Mayor mfty ciea caused by sickness, absence, or other disabilities of makelncte/tain any city officer, and to suspend any city officer or officers meats, for misconduct in office, or neglect of duty, reporting his — 32 — actions with his reasons therefor to the next meeting of the Board of Mayor and Aldermen, by whom the final ac- tion shall be taken ; but he shall not have power to fill va- cancies or suspend members of the Board of Aldermen. He may, whenever in his judgment the good of the city re- quires it, call special meetings of the Board of Mayor and Aldermen, and when so called he shall state the object for which it has been called. other duties ^e Mayor shall at least once in every six months cause and appoint- the recorder to present to the Board of Mayor and Alder- men a full and complete statement of the financial condi- tion of the city. The Mayor shall from time to time communicate to the Board of Mayor and Aldermen such information and recommend cuch measures as may in his judgment tend to the welfare of the city. He shall appoint such commit- tees from the Board of Mayor and Aldermen as may be necessary for the speedy transaction of the public business and promotion of the public good. The compensation of the Mayor shall be such an amount as the Board of Mayor and Aldermen shall by resolution or ordinance adopt. He shall have the power and exercise the functions of a justice of the peace, but only for the preservation of the peace within the city limits and public works and grounds with- out the city belonging to the city. He shall have the power and it is made his duty, to bid in for the city property at tax sales and judicial sales, when the city is a party, when it is necessary to save or secure any debt or tax due the city. Seo. 15. Be it further enacted, That the recorder of the city shall hold his office for the term of one year un- DSorifer.f Re~ less he is sooner removed for good cause. He shall be the judicial officer of the city, and shall try offenders brought before him for violation of any of the city ordinances, and shall fix the penalty for the violation of the same, and he shall have and is hereby given all the rights, authority, duties, powers, and jurisdiction in all criminal offenses committed within the corporate limits that justices of the peace in the State have, and from time to time may have, for the purpose of binding over to the Circuit Court of Johnson County, all persons who commit felonies in the corporation, and for his services in all cases he shall re- ceive such fees as justices receive for similar services. He shall keep a recorder's docket, such as is kept by justices of the peace, and in the same way. He shall be the finan- — 33 — cial agent of the town, and the custodian of the funds. He shall assess and collect all taxes. He shall make such re- port of the finances of the town as he may be called on to Bond, oath, make from time to time by the board. He shall before entering upon the duties of his office give bond in the pen- alty, and on such conditions as the board may prescribe, and shall have all authority, and do and perform such acts as the board may grant and direct, and shall take an oath to faithfully perform the duties of his office, the term of which shall extend until his successor is elected and quali- fied. He shall keep true and correct minutes of all meet- ings of the board. Sec. 16. Be it further enacted, That the town marshal shall be the criminal officer of the town and chief of police. D^i®18 of He shall hold his office for the term of one year, and until his successor is elected and qualified, unless sooner re- moved from his office by the board on good cause. He shall arrest all persons violating the criminal laws of the State or ordinances of the town, and take them be- fore the recorder or Mayor, or some authorized person W law for trial and examination. He shall have all the power, authority, duty, and jurisdiction within the corpo- rate limits of the town as to all processes in criminal cases that sheriffs have, and from time to time may have, and his criminal jurisdiction and authority shall extend for one mile beyond the town limits. He shall have all other such authority, and do and perform such duties as the board may from time to time grant and direct. Before entering upon his duties he shall give bond in such condition and in such penalties as the board may pre- scribe, and shall take an oath to faithfully perform the Unties of his office. ^ Sec. 17. Be it further enacted, That the board at its first regular meeting after its election shall elect one of their number president of the board, who in the absence of the Mayor, shall preside over all meetings of the board. Sec. 18. Be it further enacted, That the assessment for taxes for the year 1904, and for every year thereafter, . , , L ii 1 1 ii» a«i -i i Assessment or snail be made on or before April 1st ; the assessment to be taxes, *°" made by the recorder who shall be governed by all the laws of the State governing assessors for the State, and shall have all their rights and authorities. Sec. 19. Be it further enacted, That there be a board Roftrdofequai. &f equalization of said town, to go over the assessments ^atiou. snd equalize the same. It shall consist of the Mayor and 3 — 34 — Tax books and collection. recorder and three resident freeholders in said town, ap- pointed by the Mayor who shall meet annually on the third Monday in April. All persons aggrieved by their as- sessment may appear before such board and present their grievance, and if after their appearance there they are aggrieved by their decision, they may within two days thereafter appeal to the Mayor and Aldermen. Sec. 20. Be it further enacted, That within twenty days after the adjournment of the equalization board, the recorder shall make out the town tax books in duplicate, one copy of same shall be delivered to the Mayor, and the other retained by the recorder. The taxes of each year after the year 190 — shall be due on and after the 15th day of May. The recorder in collecting said taxes shall have all the powers, rights and authorities belonging by law to the county trustee in the collection of State and county taxes. The recorder shall make out a list of all de- linquent taxes remaining on his books, and deliver the same to the town marshal, or such other person as the board may direct, not later than September 1st, following the year for which said taxes are levied. The town mar- shal or party receiving said delinquent taxes shall have all the rights, powers, and compensation as constables and de- linquent tax collectors have in collecting State and county taxes, and shall make his return on the first regular meet- ing of the board in December of each year. Before tak- ing such taxes he shall enter into bond of such condition and in such penalties as the board may prescribe. After the return of said marshal or delinquent tax collector, the recorder shall thereupon proceed to collect said delinquent taxes, proceeding in all respects, and being governed by all laws in their collection, governing at such times attorneys for the collection of State and county taxes. Sec. 21. Be it further enacted, That the town of 8$StriSth001 ^0Tmtain City is hereby created a special school district, and that the public or common schools of said town shall be managed and controlled by a board of school directors composed of three persons who shall be bona-fide citizens of said town and residents thereof, whose terms of office shall be as herein provided, and shall be elected by the board of Mayor and Aldermen of said town, on their first regular meeting after the passage of this Act, or as soon thereafter as practicable, as follows : One director shall be elected for a period of one year; one for two years ; and every year thereafter one director Delinquents. — 35 — shall be elected for a period of three years. In the event i vacancy occurs in said board of directors, the same shall Directon. be filled by the board of Mayor and Aldermen for the un- expired term as in other elections. The said directors shall meet and organize as district school directors or com- missions organize tinder the general laws of the State. Said directors shall have all the powers and perform all the duties now required and allowed by the laws of the State in reference to public schools, and be under the su- pervision of the State and county superintendents, as other school directors for districts under the general laws of the State. Said board of directors shall have all the au- thority, powers, and shall perform the same duties as de- toIto upon the district directors under the general laws of the State. They shall make to the Board of Mayor and Aldermen reports as often as required. The general laws of the State in regard to public or common schools shall apply to the town of Mountain City as far as the same are not modified herein. The county trustee of Johnson County be, and he is, herehy required to pay over on the warrants issued by the directors the school fund collected by him on the property, polls and privileges within the corporate limits of said school fundi town, to be used by said directors as hereinbefore directed county, bow! snd provided ; and also to pay over and account to said directors the pro rata of the common and public school fond, that shall come into his hands from the State of Tennessee, according to the scholastic population of said town, and as the same is paid to other directors in the «wnty. The clerk of the County Court of Johnson Coun- ty will report to the county trustee the amount realized by him for school purposes from the merchants and privileges vithin die limits of said town, and such amount shall pass or be placed to the credit of said directors by the trustee, as in case of polls and property tax, paid to the trustee for school purposes as above provided. The said board of fchool directors shall be a body corporate in like manner *9 district school directors are under the general laws of the State ; said school directors may arrange with persons or school directors without the corporate limits to become identified with the totfn public schools without any alter- ation as to age, etc., to entitle attendance upon said public fchook Sec. 22. Be it further enacted, That the Board of Speoial gchool Mayor and Aldermen of said town are authorized to levy tftX- — 36 — Franchises. Tie vote in elections. and collect a special school tax as other taxes are levied and collected for the purpose of running a school, erecting, buying, or leasing sufficient buildings for the accommo- dation of the scholastic population of the town of Mountain City. Sec. 23. Be it further enacted, That the Mayor and Aldermen shall have the power and rights to grant fran- chises to railways and street railways of any kind, gas companies, water companies, electric light companies, and such other companies or corporations as in their judgment they deem proper. Sec. 24. Be it further enacted, That the Mayor and Aldermen shall have the power to provide any ordinance for the settling of all tie votes in the election of any town officer not otherwise provided for in this Act; and provide for contests and the mode for such contests. Sec. 25. Be it further encated, That wherever in this Act any omission is made in defining the duty or authority of any officer provided for herein, and which is essential to properly carry out the objects of this Act, the Mayor and Aldermen are hereby granted authority to supply such omissions, and they are further given power and author- ity to do any and everything necessary to carry out the objects of this Act. Sec. 26. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Sec. 27. Be it further enacted, That this Act take effect from and after the first day of May, 1905, the pub- lic welfare requiring it. Passed January 13, 1905. J. I. COX, Speaker of the Senate. W. K. ABERNATIIY, Speaker of the House of Representatives. Approved January 27, 1905. JAMES B. FRAZIER, Governor. — 37 — CHAPTER 18. Senate Bill Xo. 66. AN ACT to cede to the United States exclusive jurisdiction of the strip of land immediately north of and adjoining the United States Marine Hospital Reservation in the city of Memphis, County of Shelby, State of Tennessee, conveyed by the city of Memphis to the United States by deed dated Sep- tember 19, 1904. Whekeas. The City of Memphis, in the County of Shelby, in pursuance of a resolution duly and legally passed by the Legislative Council of said City of Mem- plus, conveyed to the United States of America by war- ranty deed, of date September 19, 1904, and of record in the office of the Kegister of Shelby County, Tennessee, in Book 361, page 355, the following described property located in the City of Memphis, County of Shelby, State of Tennessee, and more particularly described as follows : Beginning in the west line of Armstrong Street at the point where the south line of Walker Avenue, now called Trainor Avenue, intersects same; running thence north ilong the west line of Armstrong Street, thirteen (13) feet; thence west parallel with the north line of Walker Avenue, now called Trainor Avenue, five hundred and seventy-five (575) feet; thence south seventy (70) feet; thence east to the point of beginning; said strip is trapezoidal in shape and lies immediately north of and adjoins the property now owned by the United States and known as the United States Marine Hospital Reservation. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That exclusive jurisdiction over the said tract or parcel of land with all the appurtenances thereto belonging so as aforesaid, conveyed by said city of Memphis to -the United States of America as, aforesaid, including all buildings and improvements erected and to be ereeted thereon, be and it is hereby ceded and granted to the United States of America by the State of Tennessee. Sec. 2. Be it further enacted. That said land with the appurtenances thereto belonging, together with all build- ings and improvements erected or to be erected thereon by — 38 — the United States of America, be and they are hereby en- tirely exonerated and freed from any taxation or assess- ment by the authority of the State of Tennessee or of any county or municipality therein, while the same are used, owned, or occupied by the United States of America, their officers or agents, and no process of any court of this State shall be permitted to issue against the same or in any way to dispossess any of the officers or agents of the United States of America. Sec. 3. Be it further enacted, That this Act shall take effect and be in force from and after its passage, the public welfare requiring it. Passed January 18, 1905. J. I. COX, Speaker of the Senate. W. K ABEENATHY,. Speaker of the House of Representatives. Approved January 20, 1905. JAMES B. FRAZEER, Governor. CHAPTER 14. Senate Bill No. 75. AN ACT to create and regulate the office of County Judge for Madison County, Tennessee, to define his powers, jurisdiction and duties, to fix his salary and abolish the office of Chairman and Chairman pro tern of the County Court of said county. Section 1. Be it enacted by the General Assembly of office created. tJie state 0f Tennessee, That the office of County Judge of the County Court of the County of Madison, in the State of Tennessee, be and the same is hereby created, and that there shall, in the first instance be appointed and then elected as hereinafter provided, a person to fill said office to be styled County Judge of Madison County, and hold the office of County Judge of the County Court of said County, and to have the powers and jurisdiction, and perform the duties herein prescribed. — 39 — Sec. 2. Be it further enacted, That the said County Judge of said county, appointed or elected to said office p tiS™rju4S" undo- this Act, shall have and exercise all the powers and jurisdiction conferred by law upon County Courts or a Chairman thereof ; do and perform all the duties pertain- ing to County Courts or a Chairman thereof; and comply with all the regulations and requirements of law for the conduct and duties of the Chairman of a County Court; or the Judge of a County Court; and for the purpose of this Act, the offices of the Chairman and Chairman Pro- tein of the County Court of Madison County, Tennessee, axe hereby abolished; and the powers, jurisdiction, and duties of the County Court of said county and the Chair- man thereof, are hereby transferred to, conferred upon, and vested in the Judge of the County Court of the said County of Madison and in the County Court held by the said Judge thereof, with the full power and authority of the said Judge thereof to exercise and perform all the duties and functions prescribed by law as to the office of the Chairman of the County Court of said county, but this Act shall not be construed as affecting the office of Clerk of the Country Court, nor as affecting the powers, jurisdic- tion, and duties of the Quarterly County Court of Madison Comity composed of the Justices of the Peace of said county, provided, however, in quarterly sessions of said County Court, the said County Judge shall exercise and perform such duties and functions of a presiding officer as are exercised by the Chairman of a County Court Sic. 3. . Be it further enacted, That the County Judge Qualifications. provided for by this Act shall be a person competent and learned in the law, and an active practitioner of law, and otherwise eligible under the laws of the State to hold said office; also before entering upon the duties of office, the aaid County Judge of said county, shall take the oath of oath and bond, office required by law of other Judges of the State and execute with good and sufficient security, a bond payable to the County of Madison, State of Tennessee, in the sum of five thousand dollars, conditioned to faithfully execute «nd perform the duties of his office ; the said bond to be approved by the Judge of the Circuit Court of said county, and the bond and oath to be filed with the County Court Clerk of said County Court, and spread upon the minutes of the said County Court. Sec. 4. Be it further enacted, That upon the passage a 7ern1°rttn,rat of thi<* Act the Governor of the State- shall appoint and — 4<). Election. In case of vacancies. Sessions. Appeals. Salary. Care of Children. commission a person eligible under this Act to hold the office of Judge of die said County Court of Madison Coun- ty, Tennessee, until the first Monday in September, 1906, or until his successor is elected and qualified. Sec. 5. Be it further enacted, That at the general election held for county officers on the first Thursday in August, 1906, there shall be elected by the qualified voters of said County of Madison, under the same rules and regu- lations, and by the same officers that are prescribed by law for the election of other county officers, a County Judge for said county of Madison, who shall hold his office for a term of eight years, or until his successor is elected and qualified ; and there shall be elected thereafter every eight years, a County Judge for said County of Madison in the same mode and manner, who shall hold his office for a term of eight years as aforesaid, or until his successor is elected and qualified. Seo. 6. Be it further enacted, That in case of vacan- cies in said office of Judge of said County Court of Madi- son County, or of sickness, inability, or incompetency of the Judge of said Court, the office shall be filled, or sup- plied in the same mode and manner as prescribed by law for other Judges of the State in like cases, Sec. 7. Be it further enacted, That the terms or ses- sions of the County Court of Madison County, held by the Judge thereof, shall be at the same times, in the same mode and manner, and with the same powers and author- ity prescribed by law for the regulations of the terms or sessions of County Courts. Sec. 8. Be it further enacted, That appellate pro- ceedings from the said Court held by the Judge thereof, shall be in the same mode and manner as prescribed by law for appellate proceedings from County Courts. Sec. 9. Be it further enacted, That the salary of the Judge of the County Court of said County shall be in the sum of eight hundred dollars per annum, to be paid quar- terly upon a county warrant drawn in the manner pre- scribed by law as to other demands against the said County. Sec. 10. Be it further enacted, That the Judge of the County Court of said County shall have the power and au- thority to bring before him all children between the ages of three and fifteen years whom he knows or who are re- ported to him to live in notorious resorts of bad charac- ter, or who frequent the company of lewd, wanton, or las- — 41 — eirious women, or whose parents live in or keep such boraos of ill- fame, in which said children are heing kept, tnd if said Judge is satisfied from the proof offered that such child is not being properly cared for, and that its moral, mental, or physical welfare is being neglected to that extent that it will probably grow up in pauperism, lewdness, or crime, the said Judge is authorized and em- powered by this Act to take charge of said child or chil- dren, and if there is no vacancies in the Tennessee Indus- trial School from his county, or other county reformatory, to find a home for the same, and place them in such fami- lies a9 in his judgment will look after their moral, mental, and physical welfare. Sec. 11. Be it further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Sbc 12. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare requir- ing it Passed January 19, 1905. J. I. COX, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved January 23, 1905. JAMES B. FRAZIER, Governor. CHAPTER 15. House Bill No. 15. a BILL to be entitled "An Act to amend an Act entitled 'An Act to fix the times and places for holding the Circuit Courts of the First Judicial Circuit of Tennessee/ passed March 19, 1903, and approved March 26, 1903, and being Chapter 198 of the published Acts of 1903, by striking out the word 'third' after the words 'Carter County/ and inserting in lieu thereof the word second.' " Section 1. Be it enacted by the General Assembly of ft* State of Tennessee, That Chapter 198 of the published 42 — Acts of 1903, entitled, "An Act to fix the times and pis for holding the Circuit Courts of the First Judicial Cir- cuit of Tennessee/' be, and the same is hereby amended, as follows — to-wit: By striking out the word "third" after the words "Carter County" and inserting in lieu thereof the word "second/' so that the last line at bottom of page 439 shall read, "Carter County, second Monday in Febru- ary, June, and October." Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 18, 1905. W. K ABERNATHY, Speaker of the House of Representatives* J. I. COX, Speaker of the Senate. Approved : JAMES B. FRAZIER, Governor. CHAPTER 16. House Bizx No. 281. AN ACT to authorize the County of Shelby to issue and sell not exceeding $1,000,000 of bonds for the purpose of building a court house in said county, and to declare the manner in which said bonds shall be Issued and disposed of, and the manner in which the proceeds of said bonds shall be kept and paid out and ? aid court house erected, and to provide for the payment of said bonds and interest thereon. Bonds— amount. How issued. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the County Court of Shelby County is hereby authorized and empowered by resolu- tion to direct the issuance of bonds of said county, not to exceed $1,000,000, said bonds shall be due and payable fifty (50) years from the date of issuance and shall bear not more than four per cent (4%) interest per annum, payable semi-annually from the date of issuance. Seo. 2. Be it further enacted, That after said resolu- tion has been passed by the County Court, the Chairman of said Court and the County Court Clerk shall cause to — 43 — be issued the bonds directed in said . resolution, which bonds shall have upon their face : "Shelby County Court House Bonds," the date on which the same were issued and the date and time the same matured. They shall be signed by the Chairman of said Court and by the County Court Clerk, and shall have the seal of the County Court Clerk attached thereto. They shall be numbered, begin- ning at number one, and to each bond there shall be at- tached coupons numbered, beginning at number one, and having on them the number of the bond to which they are attached. These coupons shall each be for the amount of semi-annual interest that will be due upon said bond, and they shall be signed with the lithograph facsimile of the signature of the Chairman of the County Court and of the Comity Court Clerk The expenses of the issuance of said bonds shall be paid out of the proceeds thereof. These bonds shall be in denominations ranging from one hundred to one thousand dollars, as the County Court may deter- mine. Sec. 3. Be it further enacted, That the County Court, Tax to pay in- at the annual meeting at which the tax rate and tax bud- ££&■£&- get is fixed for the other county taxes for said county, is lng fund- hereby authorized, empowered, and directed to levy a tax sufficient to pay the annual interest upon said bonds that hire been so issued, and also to provide a sinking fund to retire said bonds. Said tax shall be collected by the County Trustee, and he shall be entitled to the same com- pensation for collecting said taxes as he is allowed for other taxes, and he shall give a good and solvent bond, properly conditioned in a sufficient amount to preserve and protect said fund that shall come into his hands upon the collection of said taxes. But the Quarterly Court of said comity shall have the power, from time to time, as said sinking fund accumulates, to designate depositories for the . same, from which interest may be obtained. These deposi- tories shall be solvent banking or trust companies in said county and shall give bond properly conditioned in an amount to bo fixed by the Court Sec. 4. Be it further enacted, That the Chairman of c^imlEfrf to the Court of Shelby County shall appoint five commis- bonds, doners, two of whom shall not be members of the County Court and who shall be tax payers and residents of the city of Memphis. They shall constitute a commission who are authorized and empowered to sell said bonds for not less than par. Said sale of bonds to be advertised for not less — 44 — Chairman to keep record. Funds— how disbursed. than ten days in some Memphis newspaper. The proceeds of the bonds when sold are to be turned over to depositories selected by said commission, and the depositories shall give bonds with good and solvent sureties to secure said funds and the faithful performance of their duties re- garding same. The amount and conditions of said bonds are to be fixed bjr the County Court and approved by it. Sec. 5. Be %t further enacted, That the Chairman of the County Court shall keep a well-bound book in which the number, date, and amount of each bond signed and is- sued is recorded, together with the amount and number of the coupons attached to said bond, and in said book shall be entered the name of the purchaser of each of said bonds together with the amount paid for the same. Sec. 6. Be it further enacted, That the Chairman of the Commission and some other member of said commis- sion, who shall have been elected by said commissioners, their secretary shall alone be authorized upon their direct warrant or check, which shall be countersigned by the Chairman of the County Court, to draw out of the hands of the depositories the proceeds arising from sale of said bonds, and no check shall be drawn until approved and or- dered by the Board of Commissioners, and the said Secre- tary shall keep a neat and well-bound and accurate set of boooks showing the amount in the hands of the depositories arising from the sale of said bonds, and also showing the date, amount, and purpose for which said fund is checked out of said depositories. Sec. 7. Be it further enacted, That said Commission chairman and shall elect annually a Chairman and a Secretary, the Sec- ^mmtssion. retary not to be a member of the County Court. They may receive compensation for their services to be fixed by the County Court not to exceed two thousand dollars # ($2,000) per annum each. Said Chairman and Secretary shall enter into bonds to be fixed by the Commission, con- ditioned for the faithful performance of their duties and shall quarterly make a full and complete report to the County Court. The Commission may require bonds of said Chairman and Secretary in some solvent surety com- pany, and may pay the premium thereon out of said fund, or may require said officials to pay the same. It shall be the duty of the Secretary of said board to keep the books and accounts for said board, but the Chairman of the County Court shall also keep books showing the amount received and paid out by the depositories. — 45- Ssc. 8. Be U further enacted, That it shall be the duty Puwhgw of of the said Commissioners to select and purchase from the proceeds of the sale of said bonds a proper site upon which to locate said court house, and shall attend to the building of the same until said court house is finally com- Sec. 9, Be it further enacted, That said Commission- pi»m for ere are authorized to procure a competent architect and °°art oa-*' to pay him out of the court house fund. They are directed to advertise for at least sixty (60) days for bids on the plans which shall have been prepared and agreed upon by lent The party to whom the contract is awarded shall enter into bond with sureties of unquestionable solvency in an amount and properly conditioned to insure the poper, satisfactory and faithful performance of said work Sbc. 10. Be it further enacted, That all proper expen- E^JJ^dg sea, including the expenses necessarily incurred in the etc sale of said bonds and all proper expenses in the purchase of the lot and the erection of lie building shall be paid out of the fund arising from the sale of said bonds. But in no case shall the Commission on sale of said bonds exceed three-eighths of one per cent. Should the present site and court house building be sold, the proceeds of such sale are to be used to retire court house bonds. Sec. 11. Be it further enacted, That the County Court Bonds maybe of said county, whenever there is a sufficient fund arising howePur- from the sinking fund tax above provided for, or when- ohMed* ever there is a fund not especially appropriated or needed fop other county purposes, may purchase and cancel any of jftid bonds that can be obtained for a price that in the opinion of the County Court would justify them in making *&ch purchase, and any bonds so purchased shall be can- celed by the Chairman of the Court, who shall write across &e face thereof in red ink that said bond is canceled, give the date thereof, and sign his name thereto as Chairman, and he shall also cancel said bond and all attached coupons *ith a sharp instrument provided for that purpose. An accurate account in a book kept for the purpose shall be toade and kept of all bonds so purchased and canceled, giving the amount and number of said bond, the date when wme was purchased, and the amount paid therefor, and k shall thereupon paste said bonds and coupons in a 8P*ce set apart in books provided for their reception. 8^c. 12. Be it further enacted, That provided the city omoeg for city. °i Memphis shall have offices for all city officials in said — 46 — court house when built, rent free, upon condition that the city of Memphis shall pay its proportionate share of the expenses of caring for and operating the building in pro- tion to the space occupied until such time as the county may, for its own purposes need, in whole or in part the portion of the court house occupied by the city. But said building shall at all times be under the exclusive control of the County Court of Shelby County. Sec. 13. Be it further enacted, That this Act shall take effect from and after its passage, the public welfare re- quiring it Passed February 2, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved February 4, 1905. JAMES B. FRAZIER, Governor. CHAPTER 17. House Bill No. 263. AN ACT to amend an Act passed January 19, 1903, entitled "An Act to provide a system of highways and improved highways for counties in this State having a population of not less than 35,000 nor more than 36,250, under the last or any subsequent Federal census." Section 1. Be it enacted by the General Assembly of ^nettotfo'nt- '** Btate of Tennessee, That the Act mentioned in the gomery caption be so amended that hereafter persons subject to un y' road duty may commute for same by paying to the County Trustee two ($2.00) dollars on or before the first day of May of the year for which the service is due, or three ($3.00) dollars at any time between the first and tenth days of May of that year, and after May 10th cannot com- mute but must perform the five days labor required by law, and failing to do this, shall be deemed guilty of a mis- demeanor and subject to the penalties provided by the Act of which this Act is amendatory. — 47 — Sic. 2. Be it further enacted, That work on the com- w&e3™rkto men highways shall begin on the 10th day of May of each how. year, or as soon thereafter as practicable. All road work corporation, association, or union, adopting or using ment. a trade-mark, may proceed by suit to enjoin the manufac- ture, use, display, or sale of any counterfeits or imitations thereof, and all courts of competent jurisdiction shall grant injunctions to restrain such manufacture, use, dis- play or sale and may award the complainant in any such suit, the court having jurisdiction, such damages resulting from such fraudulent manufacture, use, display, or sale as may be by the court or jury deemed just and reasonable ; and shall require the defendants to pay to such person, firm, corporation; association, or union all profits derived from such wrongful manufacture, use, display, or sale, and such court shall also order that all such counterfeit or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court or to the complainant, to be destroyed. Sec. 7. Be it further enacted, That every person who penalty for as- shall use or display the genuine trade-mark for the Dur- ing another's _* j? j J ? n r trade mark, pose of fraud of any such person, firm, corporation, asso- ciation, or union, in any manner not being authorized so to do by such person, firm, corporation, association, or union, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment for not less than three months, or by a fine of not more than one hundred dollars. In all cases where such association or union is not incor- porated, suits under this Act may be commenced arid prose- cuted by an officer or member of such association or union, in behalf of and for the use of such association or union. Sec. 8. Be it further enacted, That none of the pro- visions of this Act shall affect or apply to persons, firms, or corporations who shall in good faith buy or come into possession of goods with a counterfeit trade-mark thereon, — 57 — when such person, firm, or corporation did not know at the time he or they obtained possession of such goods that the same were stamped with a counterfeit trade-mark; pro- vided such person, firm, or corporation does not knowingly misrepresent the facts regarding the trade-mark at the time he offers such goods for sale. Sbc. 9. Be it further enacted, That this Act shall take effect from and after its passage, the public welfare requir- ing it. Passed January 31, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIEE, Governor. CHAPTER 22. House Bill No. 226. AN ACT to amend an Act passed by the General Assembly of the State of Tennessee on January 28, 1897, and approved Febru- ary 2, 1897, entitled "An Act to authorize District Attorneys General in districts or circuits in which there is a county having a population of 50,000 or more, under the Federal census of 1890, or in which there may hereafter be a county having a population of 50,000 or more under any subsequent census, to appoint an assistant, and to provide for the com- pensation of such assistant," so as to provide that in districts or circuits in which there is a county having a population of not less than 60,000 or more than 70,000, under the Federal census of 1900, or in which there may hereafter be a county having a population of. not less than 60,000 or more than 70,000 under any subsequent Federal census, the compensation of the Assistant Attorney General for such district or circuit shall be eighteen hundred dollars per annum. Section 1. Be it enacted by the General Assembly of This act applies {he State of Tennessee, That Section 1 of an Act passed ^J^yj1*11 by the General Assembly of the State of Tennessee Janu- ary 28, 1897, and approved February 2, 1897, entitled, "An Act to authorize District Attorney Generals in dis- — 58 — tricts or circuits in which there is a county having a popu- lation of 50,000 or more under the Federal census of 1890 or in which there may hereafter be a county having a population of 50,000 or more under any subsequent cen- sus, to appoint an assistant and to provide for the compen- sation of such assistant," be and the same is hereby so amended as to fix the compensation of the Assistant Attor- ney General in district or circuits in which there is a county having a population of not less than 60,000 or more than 70,000 under the Federal census of 1900 or in which there may hereafter be a county having a population of not less than 60,000 or more than 70,000 under any sub- sequent Federal census at eighteen hundred dollars per annum, payable quarterly out of the State Treasury, upon the warrant of the Comptroller. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 31, 1905. W. K. ABERNATHT, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIER, Governor. CHAPTER 23. House Bill No. 35. AN ACT entitled "An Act to create and establish a School District, No. 28, in Wilson County, and define boundaries thereof, and appoint first Board of Directors of the same." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a School District known as No. 28, be and is hereby established in Wilson County, Tennessee, and that the boundaries thereof shall be as follows : School District 3So. 28, Wilson County, commencing at and including the farm of S. D. Thompson, it being the — 59 — southwest corner; thence in the north direction with the west boundary of the farm belonging to the Bennett heirs ; thence with the west boundary of the W. G. Warf s farm; thence north with the west boundary line of .the widow Hobbe* farm; thence north to the northwest corner of the widow Leqnisenbury farm, it being the northwest corner ; thence east with W. G. Fry's north boundary line ; thence east to J. F. Scarborough's north boundary line; thence east to H. G. Scarborough's north boundary line; thence east, embracing the Dock Jones farm, it being the northeast corner; thence south to and including J. M. Lester's farm ; thenpe south to and including Mrs. N. J. Bass' farm, the southeast corner; thence west to and in* eluding J. B. Bartlett's farm ; thence west to and includ- ing W. W. Arnold's farm; thence west, embracing W. C. Sellar's farm; thence west to and embracing C. R. Puck's farm; thence to and embracing C. W. Baird's farm; thence to and including D. B. Phillip's farm; thence west to S. D. Thompson, the beginning, known as the 28th School District of Wilson County. Sbc. 2. Be it further enacted, That W. L. Huddles- ton, Joseph Cason, and William Arnold are hereby ap- pointed and shall constitute the first Board of School Directors for this District, and as such exercise all the powers granted by law until their successors are duly elected, or appointed, and qualified. Sko. 3. Be it further enacted, That all laws and parts of laws in so far as they conflict with the provisions of this Act be, and the same are, hereby repealed, and, that this Act take effect from and after its passage, the public welfare requiring it. Passed January 27, 1905. W. K ABERNATHT, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIER, Governor. — 60 — CHAPTER 24. House Bill No. 12. AN ACT entitled "An Act to create and establish a School District, No. 26, in Wilson County, and define the boundaries thereof, and appoint first Board of Directors." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a School District, known as No. 26, be and the same is hereby established in Wilson County, Tennessee, and that the boundaries thereof shall be as follows: School District No. 26, Wilson County, Tenn. — Be- ginning at A. G. Roger's old farm; thence north, or nearly so, to the Dr. A. J. Winter farm; taking in the M. C. Wynne farm; thence west, or nearly so, to the Dr. J. P. McFarland farm; thence south, or nearly so, to the George Brown farm; thence south, or nearly so, to the Isham Davis farm, or his northwest corner, taking in the old Skud Eatherly farm; thence east, or nearly so, to the beginning farm or corner — thereby taking in this boundary the R. H. Russell place and the J. D. Bettis place and farm. It is intended to include in the boundary the A. G. Rogers, Dr. A. J. Winter, Dr. J. P. McFarland and George Brown land. Sec. 2. Be it further enacted, That F. Cochran, E. N. Sullivan, and I. J. Swingley shall constitute the first Board of Directors for this district, and exercise all the powers thereof until their successors are elected or ap- pointed according to law. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare re- quiring it. Passed January 27, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Approved. Speaker of the Senate. JAMES B. FRAZIER, Governor. — 61 — CHAPTER 25. House Bill No. 71. AN ACT to amend an Act entitled "An Act to incorporate the city of LaFoUette, Campbell County, Tennessee, and to estab- lish a school district therein and to support the same by taxation, and to provide for the election of officers for said city and school district and other purposes," approved March 19, 1897, and the subsequent Acts amendatory thereto, so as to establish a taxation limit which shall not be exceeded by the total levy for all general purposes in any year. Section 1. Be it enacted by the General Assembly of fte State of Tennessee, That the City Council of the City of La Follette, in making its levy upon its assessed valua- tion, to meet the expenses of said city, shall not exceed, in its total levy for all general purposes in any year, two per centum (2%) of the total assessment of said property for city purposes for that year. Sec. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act shall be and the same are hereby repealed. Sec. 3. Be it further enacted, That this Act shall go into effect and be in force from and after its passage, the public welfare requiring it. Passed January 27, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FKAZIER, Governor. — 62 — CHAPTER 26. House Bill No. 79. A BILL to be entitled "An Act to incorporate the town of Gaines- boro, in Jackson County, Tennessee, as a municipality, and to define its rights and powers, etc., and to establish and main- tain a separate school district in said town, and for' other purposes." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the town of Gainesboro, in Jackson County, and the inhabitants thereof are hereby constituted a body politic and corporate, by the name and style, "The Town of Gainesboro," and shall have perpetual succession ; that by this corporate name and style it may sue and be sued, contract and be contracted with, grants receive, purchase, and hold real, mixed and personal property, or sell or dispose of the same for the benefit of said town, and may have and use an official seal. Sec. 2. Be it further enacted, That the boundaries Boundaries, of said town hereby incorporated shall be as follows : Be- ginning in the public road at the first ford below Gaines- boro, running up said road to the tan yard branch ; then up said branch with its meanders to the southwest corner of M. T. Settle's garden; then running north and west and south to said branch, so as to include the mansion house of said Settle inside of the boundaries herein set out; then south to the Flynn's Lick road; and with the road east to the corner of Halie's fence ; then south with line of the fence running west of N". B. Young's house, and on south with the west boundary lines of N". W. Herod, R. V. Brooks, J. E. Stafford, W. F. Sadler, and John J. Gore to the Gipson branch; then down the branch to Doe Creek, and down the creek to the beginning. Sec. 3. Be it further enacted, That the first general Fiwt election, election for Mayor and. Aldermen under this Act shall be. held in said town of Gainesboro on the first Saturday in February, 1905. Said election shall be opened and held by officers of election appointed by the Election Com- missioners for Jackson County, Tennessee. Immediately after the passage of this Act, said election commissioners — 63 — shall give notice of said election, and the place where it ihall be held, by written or printed notice, published in it least five public places in said town, or they may give said notice by publication in a newspaper published in said town. Said election shall be governed by the same rules governing the election in this State of State and county officers. Any person who is a qualified voter for members of the General Assembly under the laws of Tennessee and Jackson County, and who- shall have been ° may vo e' a resident of said town for sixty days preceding said election, and who is otherwise a qualified voter under the laws of this State, shall be entitled to vote in said election. •• At said election there shall be elected a Mayor and three Aldermen. The officers holding said election shall at once make and certify two copies of the poll sheets and the result of said election, showing the names of the candi- dates, and for what offices they were voted for, and the number of votes received by each. One copy shall be de- Beturn§- limed by the Election Commissioners and the other to the person receiving the highest number of votes for the office of Mayor, shall be the Mayor of said town, and the three candidates receiving the highest number of votes for Aldermen shall be the Aldermen of said town until their successors are elected and qualified as hereinafter provided; provided that no person shall be elected to the office of Mayor, or Aldermen of said town, unless at the time of their election they are qualified voters in elections in said town. If there shall be a tie between two or more candidates for Mayor, or two or more candidates for Alderman, the remaining number of the Board of Mayor and Aldermen elect shall settle said tie or controversy, by a majority vote at their first meeting. Sec. 4. Be it further enacted, That the Mayor and oath °**™*> Aldermen, before entering upon their duties, shall take Aldermen. and subscribe to an oath before some one authorized to administer oaths, that they will honestly and faithfully discharge the duties of their offices without partiality, favor or affection. Sec. 5. Be it further enacted, That said Mayor and organization aii i /» rm i <• i-i of Board. Aldermen shall, on the first Thursday after; .their elec- tion, organize, and shall hold their offices for a term of two years, and until their successors shall be elected and qualified. Any vacancy occurring, either of Mayor or Aldennan, whether by death, resignation or removal, shall — 64 Regular elec- tions. Powers of Board. Taxes. School funds. be filled by the remaining members of the board electing some one to fill the unexpired term. Sec. 6. Be it further enacted, That on the first Satur- day in February, 1907, and every two years thereafter, an election shall be held in the town of Gainesboro for the election of a Mayor and Board of Aldermen provided for under Section 3 of this Act; provided that the Board of Mayor and Aldermen shall have the right to make such regulations as they may deem best touching the manner of advertising and holding of same, which regulations shall not be in conflict with the general laws of the State ; provided that a failure to hold said election at the time stated shall not operate as a forfeiture of this charter, but the Board of Mayor and Aldermen may be required to perform such duties as may be necessary for the holding of said election by mandamus in any court having juris- diction of the matter and parties. Sec. 7. Be it further enacted, That the Mayor and Board of Aldermen of the town of Gainesboro are hereby empowered : 1. To enact such by-laws and ordinances as may be necessary and proper to the preservation of the health, quiet, peace and good order of said town, including such quarantine regulations, not to exceed one mile outside of the town limits, as occasion may require. 2. To declare what is a nuisance, and to prevent and remove the same. 3. To annually levy and collect taxes upon all property within the corporate limits taxable by law for State pur- poses, and to levy and collect a poll on all persons within the corporate limits subject to a poll tax to the State; provided that no levy for general purposes shall exceed 100 cents on each $100 of taxable property, and shall not exceed two dollars on each poll ; and, provided further, that not less than one-half of all funds arising from levies, fines, and forfeitures made under this sub-section shall at the time they are made, be appropriated by the Mayor and Board of Aldermen for the use and benefit of the Gainesboro High School hereinafter created, and collected ami turned over to the Treasurer of the Board of Directors of said school, to assist in running the same ; and, provided further, that before any board shall make a tax levy for general corporate purposes, which shall be made annually, they shall first make and record on — 65 — their minutes an estimated list of expenses for the coming year, to which reference shall he had in making the levy. 4. To appropriate money, and provide for the dehts Expenses. and running expenses of the town, and for the purpose of paying outstanding obligations created for the necessary running expenses of the town. 5. To license and tax all privileges taxable by the Privileges, laws of the State, and which under the laws of the State are authorized to do business in said town. 6. To regulate or prohibit and suppress theatrical or other shows and exhibitions. ■ 7. To regulate and suppress gaming and gambling Gaming, etc. houses, disorderly houses, bawdy houses and houses of ill-fame, or assignation houses, and all houses where one or more men and women meet for lewd purposes or pros- titution or adulterous cohabitation, and they shall have power to declare all such places nuisance, and to abate them as such, and to arrest and punish such persons so offending by fine or imprisonment or both. 8. To suppress and prevent the carrying of concealer] weapons, or the sale of the same. 9. To regulate the sale, storage and use of firecrackers Expiosives.etc. and all other fireworks, toy pistols, explosives and com- bustibles. 10. To impose fines, forfeitures and penalties for the Fines. breach of any ordinance adopted under this Act, and to provide for their recovery, and the arrest of any party or parties breaching said ordinances, and to provide for sentences of imprisonment in the town work-house; pro- vided that no fine shall exceed $50, and no sentence of imprisonment more than three months. 11. To erect and keep a town prison or calaboose, in Town prison. which to confine all parties violating the town ordinances, under such regulations as they may by by-laws or ordi- nances adopt; Provided, that they may use the county jail at Gainesboro for such purposes by paying the lawful fees to the sheriff or jailer of said county. 12. To erect and organize a work-house in or near the work-house. said town, and to provide for committing and working in said work-house or on the public streets, or town works, of any person who shall fail to pay or secure the fine and cost assessed against them for the violation of any ordi- nance, or who for any such violation may be sentenced to the said work-house, and to provide for the management and control of the same. — 66 — Fire districts. Health and good order. Opening •treets. Maintain streets. Pyrotechnics, etcetera. Waterworks. 13. To regulate or prohibit dogs or other animals from running at large on the streets of said town. 14. To designate in said town certain districts as fire limits, and to provide for the character of house to be built in said limits, and to regulate the same. 15. To provide for the support and maintenance of a police force, and to appoint die same. 16. To pass all ordinances necessary for the health, peace, convenience, safety and good order of the town, and for the suppression and prohibition of any and all acts and things made criminal by the laws of the State, and to provide a punishment for a breach of the same. 17. To grant rights of way through and over the streets • and alleys of said town to railways and other corporations. 18. To condemn and take, use and appropriate any ground necessary to widen or extend its streets, avenues and alleys, but it shall pay the owners of said ground the actual damages done, taking into consideration the im- provements thereon. 19. To keep up the streets, alleys and sidewalks of said town, and to fix the grade of the same, to open, abolish, widen or extend the same, and to pass all necessary or- dinances, requiring the owners of lots to make brick, stone or plank sidewalks in front of their property along any street, and if the owner refuse to provide a reifcedy and create a lien on said property for the same. 20. To prevent engines, trains, wagons or any other ob- struction from blocking the streets of said town, and to regulate their speed and the speed of horsemen, buggies and vehicles through said town. 21. To make suitable regulations for the preservation of life and property from fire or other casualty. 22. To provide for the organization and regulation of fire companies, either voluntary or otherwise. 23. To provide for a system of fire works, and for the management and control of the same. 24. To provide for a system of waterworks and its con- trol, to erect hydrants, pumps, cisterns or reservoirs, to lay pipes for distributing water over the town and keep the same in repair, to subscribe, purchase or own stock in water companies in said town, and generally to do all things necessary to procure and maintain a system of waterworks for said town for domestic, mechanical, cor- porate or other purposes, and to regulate and fix the price thereof to private individuals or corporations or to others. — 67 — 25. To provide for a system of lighting, for the purpose Light8. of lighting the streets, alleys, and public buildings and places in said terwn, and for the purpose of furnishing lights for the inhabitants of said town, and generally to do any and all things necessary to provide a lighting sys- tem for said town and its inhabitants, and to regulate and fix the price to be paid therefor by private individuals. 26. To pass and enforce all ordinances that may be General necessary to effectuate and carry out the provisions of P°wers- this Act, and for all purposes for the good health, good government, and general welfare of the town and the in- habitants thereof; provided, that the Mayor and Board of Aldermen may by by-laws fix the number of times or read- ings of all resolutions, ordinances, etc, shall be passed by them before becoming effective, not less than one nor more than three, and may by by-laws provide that no publica- tion, other than spreading the same on the minutes of the hoard shall be required to make effective any ordinance, resolution or other proceeding. 27. To pass all ordinances necessary for the suppression of the manufacture or illegal sale of intoxicating liquors *>r beverages. S«c. 8. Be it further enacted, That the Mayor and Bonded Board of Aldermen are hereby authorized to contract in- *»debtedneM debtedness on behalf of the town, and upon the credit thereof, by issuing bonds of the town, and disposing of them for the purpose of obtaining money for any of the following purposes: 1. To build and operate a system of waterworks for said town. 2. To build, or repair the streets or sidewalks in the town. 3. To provide for the lighting of the streets. 4. To build schools, buildings, and to carry on a school school bonds, of high, or common grade; provided, that the bonds so issned for all purposes shall not aggregate more than twenty per cent of the taxable values of said town, as shown by the town tax books; provided further, that no bonds shall be issued until after two-thirds of the voters of said town shall approve the same by a two-thirds vote at an election to be held for the purpose, after a thirty days advertisement of the proposition to issue bonds by the Mayor; provided further, that said bonds shall not run for a snorter term than ten years, and shall not bear a greater rate of interest than six per cent — 68 — The Mayor and Board of Aldermen shall have power to Taxtopaj pass and enforce all ordinances necessary to carry out the create88in^ purposes for which said bonds were issued, and may create ing fund. anv anc[ an necessary boards of Trustees or Commissioners, and pass ordinances defining their duties, and enumerating their powers. Whenever any bonds are issued under this Act the Mayor and Board of Aldermen shall annually levy a tax to pay the annual interest accruing on the same, and shall create a sinking fund to pay said bonds at ma- turity. This power to levy and collect taxes is in addition to the powers enumerated in the foregoing sections of this Act. Sec. 9. Be it further enacted, That upon the organi- Board to elect zation of the first board, and all other boards thereafter, Treasurer or as soon thereafter as practicable, the Mayor and Board and Marshal. 0f Aldermen shall elect a Town Kecorder, a Town Treas- urer, and a Town Marshal, and shall provide for the com- pensation of said officers. No person shall be eligible to any of these offices unless at the time he would be eligible to the office of Mayor. They shall also, upon the organi- zation of the first board, elect three qualified voters in said town, who can read and write, as Town School Di- rectors, one of whom shall hold his office for one year, one for two years and one for three years, and annually thereafter they shall elect one member of said board for a term of three years. They shall also, from time to time, appoint all necessary committees to carry out the pro- visions of the charter, and all ordinances passed by them hereunder, and shall fill all vacancies in the offices above stated at the time they occur. Sec. 10. Be it further enacted, That the compensa- saiarvof Mayor ti on of the Mayor shall not exceed $25 per annum, to be and duties. fjxe(j by the Board of Aldermen. He shall preside at all meetings, and in his absence the Recorder shall preside. He shall see that all by-laws and ordinances of the town are carried out and enforced, and shall have such other powers and perform such other duties as the board may from time to time grant and impose, and in the absence, inability or incompetency of the Kecorder, he shall have all criminal jurisdiction hereafter given to the Recorder of the town for violation of the ordinances or the criminal laws. Sec. 11. Be it further enacted, That the Recorder Recorder. shall hold his office for a term of two years, and until his successor is elected and qualified, unless he is sooner re- — 69 — moved by the board for good cause. He shall try all offenders brought before him for a violation of any of the town ordinances, and he shall have, and he is hereby given, all the rights, authority, duties, powers and jurisdiction in all cases, both criminal and civil, that Justices of the Peace in Jackson County have or may have, and for his services in all cases, including cases for violation of the town ordinances, he shall receive such fees as a Justice of the Peace receives for similar services. He shall keep a Recorders Docket, such as is kept by Justices of the Peace, and in the same way. He shall keep his corpora- tion cases on pages of said book to themselves. He shall !»e the town Tax Assessor and the tax collector as herein Dutie8- stated. He shall, before entering upon his duties give a bond in such amount and conditions as the board shall prescribe, and take an oath to faithfully discharge his duties. He shall draw all orders when directed by the board on the City Treasury disbursing the funds of the town. He shall settle with the town Treasurer as often as the board may prescribe, but not less than once in every three months, and shall have such other powers, and do and perform such other duties as the board may from time to time grant and direct. Sec. 12. Be it further enacted, That the town Mar- Marshal. shall shall be the criminal officer of the town, and the chief of police. He shall hold his office for a term of two years, and until his successor is elected and qualified, unless sooner removed by the board. He shall arrest all persons violating any of the criminal laws of the State, or ordinances of the town, and take them before the Recorder, or some one else authorized by law, for trial or examination. When, in his judgment it is necessary, he shall have power to confine any one arrested, in the jail or town calaboose. He shall have all the power, authority, duty and jurisdiction within the corporate limits of the town as to all process, criminal or civil, that Constables have, or may from time to time have, and his criminal jurisdiction and authority shall extend to one mile be- Dut|eg vond the town limits. He shall have all such other au- thority and do and perform all such other duties as the board may from time to time grant and direct. Before entering upon the discharge of his duties he shall give bond in such amount and such conditions as the board may prescribe, and he shall take an oath to perform the duties of his office. — 70 Treasurer. Dutlei. Equalization Board. Recorder to make tax books. Delinquents. Sec. 13. Be it further enacted, That the town Treas- urer shall he the financial agent of the town and the cus- todian of the funds. He shall hold his office for two yeare, and until his successor is elected and qualified, unless he shall he sooner removed hy the hoard. He shall, before entering upon the duties of his office, give bond in such sum and conditions as the board may prescribe. He shall take an oath to faithfully perform the duties of his office- He shall have such authority and perform such acts as the board shall prescribe; provided that the board may im- the duties of Treasurer on the Recorder, if they see proper. Sec. 14. Be it further enacted, That there shall be a Board of Equalization, composed of the Mayor and two freeholders of the town to be appointed by the Mayor, who shall equalize the assessments each year, at a time to be appointed by the board; provided, that the board may adopt the assessment made by the county authorities of Jackson County. Sec. 15. Be it further enacted, That as soon as the Board of Equalization has adjourned the Recorder shall make out the tax books in duplicate, one copy to be held by the Mayor and the other to be kept by him. The taxes for each year shall be due and payable on the fist day of June of each year. The Recorder shall be the town tax collector, and in collecting said taxes he shall have all the powers, rights and authority that belong to the County Treasurer in the collecting of State and county taxes. He shall make out a list of all the delinquent taxes re- maining in his hands on the first of October of each year, for which said taxes were levied, which list shall go into the hands of the town Marshal immediately, and the said Marshal shall proceed to levy and collect the same, to which end he is given the same power and authority as is now vested in the Constables and delinquent tax collectors collecting State and county delinquent taxes, and he shall receive the same compensation, to be paid by said de- linquent, and he shall make his return of said taxes to the Treasurer on the first Monday in January of each year. Before receiving said taxes he shall enter into bond in such penalty as the Mayor may prescribe. If the Marshal shall fail to collect any delinquent taxes, and shall make levy upon any real estate to enforce collection of the same, the Mayor, upon such return, shall place said taxes in the hands of an attorney, who shall proceed to collect the same — 71 — By proper suit to enforce the lien secured by said levy ; provided, that the Mayor and Board of Aldermen may direct the Recorder to advertise and sell said real estate so levied upon, and in the event he shall so direct, the Recorder shall proceed in the manner provided for the sale of delinquent realty by the officers of the county in the collection of delinquent State and county taxes, and make deed as herein provided, which deed shall vest title Taxeg Hen in the purchaser. All taxes levied upon property in said corporate limits shall constitute a lien on said property, which lien shall continue until said taxes are paid; the Recorder, who is hereby, designated to collect the privilege taxes in the town, shall have the same rights, powers and compensation as is now provided for County Court Clerks in the collection of privileges due to the State and county. Sec. 16. Be it further enacted, That the town of Gainesboro is hereby created a separate school district, special and the public school in said town shall be managed and StotT controlled by the School Board hereinbefore provided for. Said Board of School Directors, at their first meeting, shall elect one of their number Chairman, another Secre- tary, and another Treasurer. The said board, by their name and style of the Board of Directors of Gainesboro High School, shall be a body coroporate, with powers to sne and be sued, contract and be contracted with, and to take and hold real and personal property for school pur- poses, and to sell and convey the same when for the best advantage of the schools of said town. The officers of said school board shall each hold their offices for the term as provided for in Section 9 of this Act, and until their successors are elected and qualified. The Treasurer, be- fore entering upon his duties, shall give such bond as the- board may prescribe, payable to the Board of Directors rf the Gainesboro High School. He shall be entitled to receive from the State and county officers all moneys that said school district may from time to time become entitled to, from the public school fund, the same as if it was organized under the school laws of the State. Said money to be paid to him on an order or orders drawn in his favor V the chairman and clerk of the board, and in the same way he shall receive all moneys belonging to said school from the town of Gainesboro. He shall pay out said money on the order of the chairman and clerk of said toari Said School Directors shall be governed by the State laws governing School Directors when not in con- flict with this Act — 72 — Sec. 17. Be it further enacted, That the Mayor and Franchises. Board of Aldermen shall have the power to grant fran- chises to railways, either steam or electric, gas companies, water companies, electric light companies, or any other company that may improve the town and increase the value of the property therein. Sec. 18. Be it further enacted, That whenever, in this Act, any omission is made in defining the duties or authority of any officer provided for herein and which is essential to properly carry out the objects of this Act, the Mayor and Board of Aldermen are hereby granted au- thority to supply such omission,^ and they are further given power and authority to do any and everything necessary to carry out the objects of this Act. Sec. 19. Be U further enacted, That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Sec. 20. Be it further enacted, That this Act take effect from and after its passage, the public welfare re- quiring it. Passed January 26, 1905. W. K. ABERKATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIER, Governor. CHAPTER 27. House Bill No. 139. AN ACT to extend the corporate limits of the town of Ripley, Tennessee. Section 1. Be it enacted by the General Assembly of the State of Termessee, That the corporate limits of the town of Ripley he extended as follows: Where the present — 73 — corporate line runs north along the east line of a lot sold by A. J. Folts and wife to Anderson Shaw, now owned by R. C. Klutts, same being J. F. Dunavant's west boundary line, and commencing at a stake in said line 140 feet south of an alley and J. F. Dunavant's northwest corner, runs thence in an easterly direction and parallel with said alley and J. F. Dunavant's north line to a stake in the present corporation line. Sec. 2. Be it further enacted, That this Act take erfect from and after its passage, the public welfare requiring it. Passed January 27, 1905. W. K. ABERNATIIY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIER, Governor. CHAPTER 28. House Bill No. 159. AN ACT to change the line between Giles and Marshall Counties. Section 1. Be it enacted by the General Assembly of the State of Tennesse, That the line between Giles and Marshall Counties be changed so as to place the farms of J. D. Gainer and J. B. Smithson in Marshall County. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 26, 1905. W. K. ABERtf ATIIY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 27, 1905. JAMES B. FRAZIER, Governor. -74 — OHAPTEK 29. House Bill No. 4. A BILL to be entitled "An Act to create and establish eight (8) civil districts in the County of Hardeman in lien of twenty (20) districts as therein now existing, and to define the boundaries of the same. Section 1. Be it enacted by the General Assembly of the State of Tennesse, That there be and are hereby created and established for and within the County of Hardeman, in this State, and in lieu of twenty (20) districts therein, as now laid out, eight (8) civil districts only. Sec. 2. Be it further enacted, That the boundaries of said civil districts shall be as follows: 1. The territory embracing in the sixth and seventh civil districts, as now laid out, shall compose the first civil districts of said county. 2. The territory embraced in the fourth and fifth civil districts, as now laid out, shall compose the second civil district of said county. 3. The territory embraced in the second, third and twentieth civil districts, as now laid out, shall compose civil district of said county. 4. The territory embraced in the first, tenth, and ninth civil districts, as now laid out, shall compose the fourth civil districts of said county. 5. The territory embraced in the eleventh and seven- teenth civil districts, as now laid out, shall compose the fifth civil district in said county. 6. The territory embraced in the eighth, twelfth, and nineteenth civil districts, as now laid out, shall compose the sixth civil district of said county. 7. The territory now embraced in the thirteenth and eighteenth civil districts, and that part of the fourteenth civil district, lying east of the Bolivar and Jackson public road, commencing at the river bridge over Hatchie Eiver and running to and with the east margin of said road north to a point o nthe southern bank of Mill Creek, shall compose the seventh civil district of said county. — 75 — 8. The territory now embraced in the fifteenth and six-. teenth civil districts, and that part of the fourteenth civil district that lies west of the Bolivar and Jackson public road shall compose the eighth civil district of said county. Sbc. 3. Be it further enacted, That said districts to so remain until changed by the Acts of the General As- sembly of the State of Tennessee. Sec. 4. Be it further enacted. That all laws or parts of laws in conflict with this Act are hereby repealed. Sbc. 5. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Provided, That this Act shall in no way interfere with the right and tenure of office of the present acting Justices of the Peace, Constables and School Directors of said county. Passed January 20, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 26, 1905. JAMES B. FRAZIER, Governor. CnAPTER 30. IIouse Bill No. 28. A BILL to be entitled "An Act to repeal an Act passed on March 28, 1903, and approved April 2, 1903, entitled 'An Act to establish and make lawful a three-wire, three-plank, or three- rail or slat fence, in counties haying a population of not less than 20,392 and more than 20,400, according to the Federal census of 1900, or of any subsequent Federal census/ " Skction 1. Be it enacted by the General Assembly of Thu Act the State of Tennessee,, That an Act passed March 28, KSnkC 1903, and approved April 2, 1903, and known as House Cottnty* Bill No. 480, Chapter 515, Acts of 1903, be, and the same is, hereby repealed. — 76 — Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it- Passed January 20, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Spectksr of the Senate. Approved January 26, 1905. JAMES B. FRAZIER, Governor. CHAPTER 31. House Bill No. 51. AN ACT to amend Section 3397 of the Code of Tennessee of 1858 so as to regulate judgments before Justices of the Peace in replevin cases. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 3397 of the Code of 1858 be so amended as to read as follows: "If the Justice finds the issue in favor of the defendant and ad- judge the property replevied to belong to the defendant, or the plaintiff dismisses or fails to prosecute his suit, the Justice shall under judgment against the plaintiff and his sureties on the replevin bond that the property re- plevied be returned to the defendant or on failure to do so, that the defendant recover of plaintiff and sureties on replevin bond the value of the property replevied with interest thereon and damages for the detention of the same. The value of the property and the damage to be assessed by the Justice trying the case, or where the plaintiff fails to prosecute, by the Justice trying the case. And the Justice may, in proper cases, give exemplary damages in favor of either party, and in all cases where the plaintiff fails to prosecute his suit with effect, the Justice may make such valuation as will be likely to effect the return of the property to the defendant if the charac- ter of the property is such as to make the return of the specific property important. — 77 — Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 20, 1905. W. K. ABEKNTATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 26, 1905. JAMES B. FRAZIEE, Governor. CHAPTER 32. House Bill No. 80. A BILL entitled "An Act to amend an Act passed 1857, Chapter 52, Section 1, so as to extend the time within which landlord and furnishers' liens may be enforced." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That landlord's liens for rent, for supplies, and for labor and moneys furnished tenants, and alao furnisher's liens on crop for supplies, implements of industry, or work stock contracted as required by existing law, shall continue for six months from and after the debt becomes due, and until the termination of any suit com- menced within that time for the enforcement of such liens ; provided nothing in this bill shall be construed to apply to as in any way effect suits already commenced. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are, hereby repealed, and that this Act take effect from and after its passage, the public welfare requiring it. Passed .lanuarv 20, 1905. W. K. ABERNATIIY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 26, 1005. JAMES B. ERAZIER, Governor. — 78 — CHAPTER 33. House Biu* No. 96. AN ACT entitled "An Act to establish and define a lawful fence for counties haying a population of not less than 22,738 nor more than 22,750, according to the Federal census of 1900 or any subsequent Federal census." Section 1 . Be it enacted by the General Assembly of ThiBAot the State of Tennessee , That four barbed wires securely gppHesto fastened to posts and stays, as below described, should be county. one of the lawful fences in counties having a population of not less than 22,738 nor more than 22,750 according to the Federal census of 1900, or according to any subsequent Federal census ; provided, the same be built on good-sized, substantial posts, set firmly in the ground, not more than twenty-four feet apart, with good sound stays or braces not less than two niches thick and not to be more than eight feet apart; said stays or braces to reach from the ground to the top of the fourth wire; provided further, that the bottom wire shall be twelve inches from the ground where posts are set and stays are stationed, the second wire twelve inches above the 'first, the third wire twelve inches above the second, and the fourth wire twelve inches above the third ; provided said wire shall be securely fastened to posts and stays as above described. Sec. 2. Be it further enacted, That counties having a population as described in Section 1 of this Act, a four- plank or rail fence shall also be and constitute a lawful fence, said rail or plank not to be less than four inches wide, and one inch thick; provided the rails or planks are attached to posts firmly set in the ground, and said posts to be not more than eight feet apart, and said rails or planks to be fastened to said posts the same distance from the ground and such other as the wires designated to be fastened in Section 1 of this Act. Sec. 3. Be it further enacted, That said wires, rails or planks may be fastened to growing timber where such tim- bers are found at such distances apart as will correspond with the placing of the posts, so as to make the wires, rails or planks secure. — 79 — 8sa 4. Be it further enacted, That in counties having a population as described in Section 1 of this Act, it shall be unlawful for sheep, goats, swine, and geese to run at large. Sec. 5. Be it further enacted, That any person violat- penalty. ing any of the provisions of this Act shall bis guilty of a misdemeanor, and upon conviction shall be fined not less than five nor more than ten dollars. Sbc. 6. Be it further enacted, That any damage done Damage*. by said sheep, goats, swine, and geese running at large in any of said counties, shall be and are hereby constituted a lien upon said sheep, goats, swine, and geese, and can be collected as any other lien by writ of replevin. Sec. 7. Be it further enacted, That any person or per- sons upon whose land such sheep, goats, swine and geese shall be found running at large shall have the right to take up and confine them, giving same reasonably good feed and attention, and shall be entitled to a reasonable com- pensation for same, and shall have and is hereby given a lien upon said sheep, goats, swine, and geese for same. S*c. 8. Be it further enacted, That this Act take effect on and after the first day of April, 1905, the public welfare requiring it. Passed January 20, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. L COX, Speaker of the Senate. Approved January 26, 1905. JAMES B. FKAZIEK, Governor. CHAPTER 34. House Biix No. 113. AN ACT to amend Chapter 318 of the Acts of 1903, passed March 23, 1903, and approved April 15, 1903, and entitled "An Act to incorporate the town of Huntington, in the County of Carroll, and provide a municipal government for the cor- poration." Section 1. Be it enacted by the General Assembly of (he State of Tennessee, That Section 4, Chapter 318 of the — 80 — Acts of 1903 be amended by the striking out of lines six and seven the words "and a town Marshal." Sec. 2. Be it further enacted, That Section 5, Chap- ter 318 of the Acts of 1903 he amended by striking out of lines three and four the words "and town Marshal." Sec. 3. Be it further enacted, That Section 6, Chap- Marshaieiected ter 318 of the Acts of 1903 be amended by striking out votl°pular at tnc D°ttom of the section the following, viz: "And shall make out and deliver to the person having the highest number of votes for town Marshal a certificate of election." Sec. 4. Be it further enacted, That Section 7, Chap- ter 318 of the Acts of 1903 be amended -by inserting after the word "elect" in line 1 2, the following, viz. : "A town Marshal who shall hold his office for a period of one year, unless discharged for good cause by the Mayor and Board of Aldermen, and then they shall elect." Sec. 5. Be it further enacted, That Section 8, Chap- ter 318 of the Acts of 1903 be amended by inserting after the word "removed," in line three, the following, viz. : "tie vote in general election." Sec. 6. Be it further enacted, That Section 9, Chap- Marshai collect ter ^18, of tne Acts of 1903 be amended by adding to said taxes. section the following, viz. : "It shall be the duty of the town Marshal to receive the tax book for collection of taxes due said corporation by the first Monday in September of each year, and that said tax book received by him shall have the same force and effect of an execution in his hands, and by which he is authorized and empowered to seize, levy and distrain personal property of any tax-payer within the limits of said corporation, and he is directed and authorized to sell personal property, when levied upon, in the same way and manner as sales are now made under executions from judgments at law." Sec. 7. Be it further enacted, That Section 10, Chap- Duties of ter ^^ °^ ^e ^cts °^ -^^ ^e amended by adding the fol- Mayor. lowing as sub-section 1 to said section, viz. : "It shall be the duty of the Mayor to preside at all meetings of the Mayor and Board of Aldermen and to vote on questions under consideration by the Board in the event of a tie vote only. And it is further made his duty to collect all privi- ege tax due the city, for which service he shall be com- pensated as the Board directs." Sec. 8. Be it further enacted, That Section 12, Chap- ter 318 of the Acts of 1903 be amended by adding as sub- section 1 to said section the following: "In the event the — 81 — Mayor is temporarily absent, sick or incompetent to dis- charge the duties of his office, the same shall devolve upon the Recorder and Treasurer, who is hereby authorized and empowered to discharge the duties of Mayor." Sec. 9, Be it further enacted, That Section 18, Chap- ter 318 of the Acts of 1903 be amended by striking out of said section the following : "And also to have such by-laws and ordinances published in some newspaper." Sec. 10. Be it further enacted, That this Act take effect from and after its passage, the public welfare re- quiring it. Passed January 20, 1905. W. K. ABERNATIIY, Speaker of the House of Representatives. J. L COX, Speaker of the Senate. Approved January 26, 1905. JAMES B. FRAZIER, Governor. CHAPTER 35. House Bell No. 114. AN ACT to change the line between the Counties of Wilson and Cannon. Section 1. Be it enacted by the General Assembly of (he State of Tennessee, That the line between the counties •if Wilson and Cnnnon be so changed as to include all the lands of J. B. Smithson in Cannon County that he now owns. Sec. 2. Be it farther enacted, That this Act take effect from and after its passage, this public welfare requiring it. Passed January 20, 1905. W. K ABERNATIIY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 26, 1905. JAMES B. FRAZIER, ' Governor. — 82 — CHAPTER 36. House Bill No. 115. Aim ACT entitled "An Act to change the county line betweei Putnam and DeKalb Counties/' Section 1. Be it enacted by the General Assembly o\ the State of Tennessee, That the county line between Put man and DeKalb Counties be so changed as to detach the land3 of V. M. Weaver, upon which he now lives, from DeKalb and attach it to Putman County, said lands : be- ginning at a stake in the Putman County line; thence north 99 poles to a stake ; thence east 99 poles to a stake in the said county line. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 20, 1905. W. K ABEENATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 26, 1905. JAMES B. FEAZIER, Governor. CHAPTEE 37. House Bill No. 124. AN ACT to change the line between the Counties of Monroe and Loudon. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the county line between the counties of Monroe and Loudon be, and the same is hereby, so changed as to include all the land of Mrs. Ada Hyden, purchased from Mrs. Harkin, containing one hundred and sixty-five acres, of which one hundred and sixty acres being in Monroe County. Said land is bounded as follows, to- wit: One the north by Morganton road, said Morganton road running west from Pleasant Run School House to Mrs. Hyden's west line to the county line, so as to include this five acres in Monroe county. S*c 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 20, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 26, 1905. JAMES B. FRAZIER, Governor. CHAPTER 38. House Bill No. 128. AN ACT entitled "An Act to change the county line between the counties of Overton and Putnam Counties." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the comity line between the counties of Overton and Putnam County be so changed as to include all of the lands of John Bohannon in Put- nam County, and that the line being at a stake. in the Putnam County line it also being said Bohannon's line; thence with his line to a stake in a corner of the same; thence with his and T. Matheny's line to a stone ; thence with his and J. A. Smith's line to a stake back in the Putnam County line. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 20, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 26, 1905. JAMES B. FRAZIER, Governor. — 84 — CHAPTER 39. House Bill No. 144. AN ACT to change the line between the counties of Pickett and Fentress. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between the counties of Pickett and Fentress be so changed as to detach that part of the land of W. M. Johnson from Pickett County and attach the same to Fentress County, which is at or near Forbus postoffice. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 20, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 26, 1905. JAMES B. FRAZIER, Governor. CHAPTER 40. House Bill No. 92. AN ACT to amend subsection 1 of section 8 of an Act of the General Assembly of the State of Tennessee for the year 1903. passed the 13th day of February, 1903, and approved by the Governor on the 13th day of March, 1903, the same being an Act entitled "An Act to incorporate the city of Murfreesboro, in Rutherford County, Tennessee; to establish the boundaries thereof, and define the powers of the same; to appoint the first Mayor, City Council, and all other officers and agents of the city of Murfreesboro, and to provide for the election of their successors and for the election of all other officials and agents of said city, and define their qualifications, powers and duties, and for other purposes incident to the incorporation of said city of Murfreesboro," so as to levy a tax of not more than nine mills on the dollar of taxable property for all purposes. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That sub-section 1 of Section 8 — 85 — of the Act passed "by ttie General Assembly of the State of Tennessee on the 13th day of February, 1963, and ipproved by the Governor, on the 13th day of March, 1903, tie same being the A.ct described in the caption hereof; tie, and the same is hereby amended, so as to read as fol- lows: That hereafter the City Council of the City of Mur- freesboro shall have authority to levy and collect taxes upon til property taxable by law for State purposes ; provided ibey shall not levy a tax of more than nine mills on the i'ilar instead of 1 i mills of taxable property for all pur- poses, and no tax in excess of this shall be levied on the taxable property of the city. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed January 13, 1905. W. K ABEBNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIEK, ) Governor. CHAPTER 41. House Bill No. 93. AN ACT to amend Section 12 of an Act of the General Assembly of the State of Tennessee of the year 1903, passed the 13th day of February, 1903, and approved by the Governor on the 13th day of March, 1903, the same being an Act entitled "An Act to incorporate the city of Murfreesboro, in Rutherford County, Tennessee; to establish the boundaries thereof, and define the powers of the same; to appoint the first Mayor, City Council, and aU other officers and agents of the city of Murfreesboro, and to provide for the election of their suc- cessors, and for the election of all other officials and agents of said city, and define their qualifications, powers and duties, and for other purposes Incident to the incorporation of said city of Murfreesboro," so as to empower the City Council to contract for the lighting of the city with lights for any period, not longer than ten years, and to make appropriations therefor. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 12 of the Act passed by the General Assembly of the State of Tennessee on the — 86 — 13th day of February, 1903, and approved by the Qovei nor on the 13th day of March, 1903, the same being th Act described in the caption hereof be, and the same i hereby amended, so as to read as follows : Provided, tha the provisions of said Section 12 shall not apply to an; contracts that the City Council may hereafter make fo the purpose of furnishing lights to light the streets of sai< city of Murfreesboro, and that the City Council shall hav< the power Under this Act to make all necessary and prope contracts, with any individual or corporation, for tin purpose of lighting said streets with lights, for any perio< not longer than ten years, and make appropriations an nually, for the purpose of meeting the provisions of anj such contract Sec. 2. Be it further enacted, That this Act take effed from and after its passage, the public welfare requiring it Passed January 13, 1905. W. K. ABERNATHT, Speaker of the House of Representatives, J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIER, Governor. CHAPTER 4&. House Bill No. 94. AN ACT to amend Section 5 of an Act of the General Assembly of the State of Tennessee, for the year 1903, passed the 13th. day of February, 1903, and approved by the Governor on the 13th day of March, 1903, the same being an Act entitled "An Act to incorporate the city of Murfreesboro, in Rutherford County, Tennessee; to establish the boundaries thereof and define the powers of the same; to appoint the first Mayor. City Council, and all other officers and agents of the city of Murfreesboro, and to provide for the election of their suc- cessors, and for the election of all other officials and agents of said city, and define their qualifications, powers and duties, and for other purposes Incident to the incorporation of said city of Murfreesboro," clothing the Mayor with all the powers of a Justice of the Peace in said municipality. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 5 of the Acts passed — 87 — by the General Assembly of the State of Tennessee, on the 13th day of February, 1903, and approved by the Governor on the 13th day of March, 1903, the same being the Act described in the caption hereof, and the same is hereby amended, so as to read as follows : That in addition ro the duties of the Mayor, he shall have all the powers of a Justice of the Peace, within the municipality for the purpose of keeping the peace and trying offenses against anv ordinance of the city, or the laws of the State. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed Januarv 13, 1905. W. K. ABERNATHY, Speaker of the Rouse of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIER, Governor. CHAPTER 43. House Bmr. No. 49. AN ACT to amend an Act entitled "An Act to repeal and abolish the charter of the town of Lexington, to reincorporate said town, and to define Its rights and powers/' passed by the General Assembly of the State of Tennessee on the 14th day of March, 1901, and approved March 26, 1901, being Chapter 402 of the printed Acts of 1901. Section 1. Be it enacted by the General Assembly of A3[3*£i MM" the State of Tennessee, That an Act entitled "An Act to ?<>»<*• repeal and abolish the charter of the town of Lexington, to reincorporate said town and to define its rights and powers," passed by the General Assembly of the State of Tennessee, March 14, 1901, and approved March 25, 1901, keing chapter 402 of the printed Acts of 1901 be and the same is amended in the particulars as follows: there is and shall be added to Section 12 of said Act and imme- diately after the words and figures, to-wit: Provided further, the Mayor and Aldermen, may at any meeting, either regnlar or special, elect or appoint as many assis- tant Marshals or special policemen to assist the Marshals. — 88 — or special policemen to assist the Marshal as may b deemed necessary, and such assistant Marshals and police men shall be appointed or elected for such period -of tim< *h may be deemed proper; and such assistant Marshals o policemen shall have the same rights and powers an< jurisdiction, and their duties shall in all respects be tin same as are possessed by the Marshal, and any person wb< is a resident of the "State of Tennessee and is twenty-on< years old shall be eligible to the position of assistant Mar shal. Sec. 2. Be it further enacted, That said Act be, anc the same fs further amended, by striking out of sub section 4 of Section 10 the words, to-wit: "One dollar and thirty cents/' and by substituting therefor and inserting therein the words and figures to-wit : "One dollar and fiftj cents." Sec. 3. Be it further enacted, That Section 15 of said Jurisdiction of ^c^ be and the same is amended by striking out the re- Marshai. pealing the words, and his criminal jurisdiction and au- thority for one mile beyond the town limits," and there shall be and is inserted therein and substituted therefor the words and figures, to-wit: And his criminal jurisdic- tion throughout Henderson County where he may make arrests of persons for violation of the city ordinances of said town within its limits and within one mile of the city limits. Sec. 4. Be it further enacted, That all laws and parts of laws- in conflict with this Act be, and the same are re- pealed, and that this Act take effect from and after its passage, the public welfare requiring it. Passed January 12, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FKAZIEK, Governor. — 89 — CHAPTER 44. House Bill No. 52. AN ACT to repeal an Act entitled "An *Act to prevent sheep, goats, swine and geese from running at large or trespassing in counties of this State haying a population of thirty-two thousand and not more than thirty-three thousand, according to the Federal census of 1900, or according to any subsequent Federal census, and to fix penalty for a violation of the same," said Act being Chapter 224, House Bill No. 341, of the Acts of the Fifty-third General Assembly of the State of Tennessee, passed March 19, 1903, approved by the Governor March 25, 1903. Section 1. Be it enacted by the General Assembly of This Act the State of Tennessee, That an Act entitled an Act to pre- we»keiey° vent sheep, goats, swine, and geese from running at large County- •»r trespassing in counties in this State, having a popula- tion of not less than thirty-two thousand, nor more than thirty-three thousand, according to the Federal Census of 1900, or according to any subsequent Federal census, and to fix penalty for a violation of the same, being Chapter 224, and House Bil No. 341, of the Acts of the Fifty- Third General Assembly of the State of Tennessee. Passed March 19, 1903, approved by the Governor March 25, 1903, be and the same is hereby repealed. Sec. 2. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it. Passed January 12, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIER, Governor. — 90 — CHAPTER 45. House Bill No. 53. AN ACT to repeal an Act entitled "An Act to make four barbed wires securely fastened and stayed, one of the lawful fences in counties of not less than thirty-two thousand nor more than thirty-three thousand population, by the Federal census of 1900, or any subsequent Federal census/' said Act being Chap- ter 602, and House Bill No. 696, of the Acts of the Fifty-third General Assembly of the State of Tennessee, passed March 28, 1903, approved by the Governor April 2, 1903. Section 1. Be it enacted by the General Assembly of ThiaAot the State of Tennessee, That an Act entitled an Act to tfeaktoy* make four barbed wires, securely fastened and stayed, one county. 0f thg lawful fences, in counties of not less than thirty-two thousand, nor more than thirty-three thousand population by the Federal census of 1900, or any subsequent Federal census, said Act being Chapter 502 and House Bill No. 696 of the Acts of the Fifty-Third General Assembly of the State of Tennesee. Passed March 28, 1903, approved by the Governor April 2, 1903, be and the same is hereby repealed. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 12, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIER, Governor. — 91 — CHAPTER 46. House Bill No. 27. A BILL entitled "An Act to repeal an Act passed on the 13th day of March, 1903, and approved March 18, 1903, authorizing Franklin County to Issue bonds for the purpose of building and constructing roads,, and to repeal an amendatory Act thereto, passed April 10, 1903, and approved April 15, 1903, being known as House Bill No. 990, Chapter 472, of the Acts of 1903, and to repeal an amendatory Act to the original Act, House Bill No. 448, the last named amendatory Act being House Bill No. 763, passed March 30, 1903, and approved March 31, 1903, Chapter 588, Acts of 1903." Section 1. Be it enacted by the General Assembly of the Stale of Tennessee, That a bill entitled "An Act au- thorizing Franklin County to issue bonds for the purpose of building and constructing roads," House Bill No. 448, Chapter 143, Acts of 1903, and passed March 13, 1903, and approved March 18, 1903, and an amendatory Act (hereto known as House Bill No. 990, passed April 10, 1903, and approved April 15, 1903, known as House Bill No. 990, Chapter 472, Acts of 1903, and another' amendatory Act to the original Act passed March 30, 1903, and approved March 31, 1903, known as House Bill No. 753, Chapter 588, Acts of 1903, be and the same are here- bj repealed. Sice. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 17, 1905. W. K ABEBNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 18, 1905. JAMES B. FKAZIER, Governor. — 92 CHAPTER 47. House Bill No. 13. AN ACT to change the line between the Counties of Smith ani Wilson. Section 1. Be it enacted by' the General Assembly o) the State of Tennessee, That the county line between the counties of Smith and Wilson be and is hereby changed so as to include the land of E. C. Maxey in Wilson Coun- ty, said tract is bounded east by Levi Beard, north hy Thomas Conatser's heirs, west by D. J. Shipp, south by Jacob Faley's heirs. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 16, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January IS, 1905. JAMES B. FRAZIER, Gdvernor* — 93 — CHAPTEE 48. House Bill No. 67. A BILL to be entitled "An Act to amend Chapter 270 of the Acts of 1903, entitled 'An Act to authorize municipal corporations having a population of not less than 2,179 nor more than 2,200 to issue bonds for the construction of waterworks, and to provide by taxation for the redemption of such bonds/ passed April 1, 1903, and approved April 10, 1903." Section 1. Be it enacted by the General Assembly ofThwAct the Stale of Tennessee, That Section 1 of the Act referred 5Sj*Jj£; to in the caption here be so amended as to strike out the T«nnewee. words "in denominations of one hundred dollars each," and to insert the words, "in such denominations as the Board of Mayor and Aldermen of said municipal corpo- rations may bv appropriate ordinance or resolution pre- scribe/' Sec. 2. Be it further enacted. That wherever an elec- tion has been held authorizing the issuance of bonds un- der said Act, said bonds shall be good and valid without another election being held. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 17, 1905. Sub. for H. B. No. 55. W. K ABERNATHT, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 18, 1905. JAMES B. FEAZIER, Governor. — 94 — CHAPTER 49. House Bill No. 65. AN ACT regulating the practice In Chancery Court cases whereby the appellate courts are required to consider the evidence objected to and the rulings of the Chancellor thereon without requiring a bill of exceptions. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That in the trial of causes in the Chancery Courts of this State where exceptions to evi- dence are either sustained or overruled, it shall not be nec- essary upon an appeal of the case to embody the rulings of the Chancellor, the exceptions and the excluded evidence in a bill of exceptions if the rulings of the Chancellor, the ex- ceptions and the excluded evidence are set out in the body of the deposition and properly authenticated by the Chan- cellor, and the same shall constitute a part of the record, and stand in lieu of a bill of exceptions. Sec. 2. Be it further enacted, That where any docu- ments, depositions or exhibits to depositions or any other papers, are excluded in part or as a whole it shall not be necessary on appeal to embody the same, the exceptions thereto and the rulings of the Chancellor in a separate bill of exceptions where the action of the court on the parts or the whole documents, depositions thereto, or other pa- pers, is duly noted thereon by the Chancellor, and the same shall constitute a part of the record as provided in Section 1 of this Act, provided, however, these rules shall not apply where the testimony is oral. Sec. 3. Be it further enacted, That this Act shall take effect from and after its passage, the public welfare requir- ing it Passed January 17, 1905. W. K ABERKATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 18, 1905. JAMES B. FRAZIER, Governor. — 95 — CHAPTER 50. House Bell No. 9. AN ACT to repeal Chapter 249, Acts of 1899, Incorporating the town of Walling, White County, Tennessee. Section 1. Be it enacted by the General Assembly of the Stale of Tennessee, That Chapter 249, Acts of 1899, entitled, "An Act to incorporate the town of Walling, White County, Tennessee, and to provide for the govern- ment and control of the same, and to provide for the elec- tion of officers for said town, to provide when this Act shall go into effect," be and the same is hereby repealed. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 17, 1905. Sub for H. B. No. 23. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 18, 1905. JAMES B. FRAZIER, Governor. — 86 — 13th day of February, 1903, and approved by the Gover- nor on die 13th day of March, 1903, the same being the Act described in the caption hereof be, and the same is hereby amended, so as to read as follows: Provided, that the provisions of said Section 12 shall not apply to any contracts that the City Council may hereafter make for the purpose of furnishing lights to light the streets of said city of Murfreesboro, and that the City Council shall have the power Under this Act to make all necessary and proper contracts, with any individual or corporation, for the purpose of lighting said streets with lights, for any period not longer than ten years, and make appropriations an- nually, for the purpose of meeting the provisions of any such contract Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 13, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIER, Governor. CHAPTER 4&. House Bill No. 94. AN ACT to amend Section 5 of an Act of the General Assembly of the State of Tennessee, for the year 1903, passed the 13th day of February, 1903, and approved by the Governor on the 13th day of March, 1903, the same being an Act entitled "An Act to Incorporate the city of Murfreesboro, in Rutherford County, Tennessee; to establish the boundaries thereof and define the powers of the same; to appoint the first Mayor, City Council, and all other officers and agents of the city of Murfreesboro, and to provide for the election of their suc- cessors, and for the election of all other officials and agents of said city, and define their qualifications, powers and duties, and for other purposes incident to the incorporation of said city of Murfreesboro," clothing the Mayor with all the powers of a Justice of the Peace in said municipality. Section 1. Be it enacted by the General Assembly of- the State of Tennessee, That Section 5 of the Acts passed — 87 — by the General Assembly of the State of Tennessee, on the 13th day of February, 1903, and approved by the Governor on the 13th day of March, 1903, the same being the Act described in the caption hereof, and the same is hereby amended, so as to read as follows : That in addition to the duties of the Mayor, he shall have all the powers of a Justice of the Peace, within the municipality for the purpose of keeping the peace and trying offenses against any ordinance of the city, or the laws of the State. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 13, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIER, Governor. CHAPTER 43. House Bit.:l No. 49. AN ACT to amend an Act entitled "An Act to repeal and abolish the charter of the town of Lexington, to reincorporate said town, and to define its rights and powers/' passed by the General Assembly of the State of Tennessee on the 14th day of March, 1901, and approved March 25, 1901, being Chapter 402 of the printed Acts of 1901. Section 1. Be it enacted by the General Assembly of ^Jft? MM" the State of Tennessee, That an Act entitled "An Act to p°u<*- repeal and abolish the charter of the town of Lexington, to reincorporate said town and to define its rights and powers," passed by the General Assembly of the State of Tennessee, March 14, 1901, and approved March 25, 1901, being chapter 402 of the printed Acts of 1901 be and the same is amended in the particulars as follows: there is and shall be added to Section 12 of said Act and imme- diately after the words and figures, to-wit: Provided further, the Mayor and Aldermen, may at any meeting, either regular or special, elect or appoint as many assis- tant Marshals or special policemen to assist the Marshals — 88 — or special policemen to assist the Marshal as may be deemed necessary, and such assistant Marshals and police- men shall be appointed or elected for such period of time as may be deemed proper; and such assistant Marshals or policemen shall have the same rights and powers and jurisdiction, and their duties shall in all respects be the same as are possessed by the Marshal, and any person who is a resident of the 'State of Tennessee and is twenty-one years old shall be eligible to the position of assistant Mar- shal. Sec. 2. Be it further enacted, That said Act be, and the same fs further amended, by striking out of sub- section 4 of Section 10 the words, to-wit: "One dollar and thirty cents," and by substituting therefor and inserting therein the words and figures to-wit : "One dollar and fifty cents." Sec. 3. Be it further enacted, That Section 15 of said Juriidiotion of Act h© aT*d the same is amended by striking out the re- Manhai. pealing the words, and his criminal jurisdiction and au- thority for one mile beyond the town limits," and there shall be and is inserted therein and substituted therefor the words and figures, to-wit: And his criminal jurisdic- tion throughout Henderson County where he may make arrests of persons for violation of the city ordinances of said town within its limits and within one mile of the city limits. Sec. 4. Be it further enacted, That all laws and parts of laws- in conflict with this Act be, and the same are re- pealed, and that this Act take effect from and after its passage, the public welfare requiring it. Passed January 12, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. T. COX, Speaker of the Senate. Approved. JAMES B. FKAZIER, Governor. — 89- CHAPTER 44. House Bill No. 52. AN ACT to repeal an Act entitled "An •Act to prevent sheep, goats, swine and geese from running at large or trespassing in counties of this State having a population of thirty-two thousand and not more than thirty-three thousand, according to the Federal census of 1900, or according to any subsequent Federal census, and to fix penalty for a violation of the same," said Act being Chapter 224, House Bill No. 341, of the Acts of the Fifty-third General Assembly of the State of Tennessee, passed March 19, 1903, approved by the Governor March 25, 1903. Section 1. Be it enacted by the General Assembly of This Act the State of Tennessee, That an Act entitled an Act to pre- wenlfiey0 vent sheep, goats, swine, and geese from running at large County- or trespassing in counties in this State, having a popula- tion of not less than thirty-two thousand, nor more than thirty-three thousand, according to the Federal Census of 1900* or according to any subsequent Federal census, and to fix penalty for a violation of the same, being Chapter 224, and House Bil No. 341, of the Acts of the Fifty- Third General Assembly of the State of Tennessee. Passed March 19, 1903, approved by the Governor March 25, 1903, be and the same is hereby repealed. Sjbc. 2. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it. Passed January 12, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIER, Governor. — 90 — CHAPTER 45. House Bill No. 53. AN ACT to repeal an Act entitled "An Act to make four barbed wires securely fastened and stayed, one of the lawful fences in counties of not less than thirty-two thousand nor more than thirty-three thousand population, by the Federal census of 1900, or any subsequent Federal census/' said Act being Chap- ter 602, and House Bill No. 696, of the Acts of the Fifty-third General Assembly of the State of Tennessee, passed March 28, 1903, approved by the Governor April 2, 1903. Section 1. Be it enacted by the General Assembly of ThUAot the Stale of Tennessee, That an Act entitled an Act to weakiey1 make four barbed wires, securely fastened and stayed, one county. 0f thg iawfui fences, in counties of not less than thirty-two thousand, nor more than thirty-three thousand population by the Federal census of 1900, or any subsequent Federal census, said Act being Chapter 502 and House Bill No. 696 of the Acts of the Fifty-Third General Assembly of the State of Tennesee. Passed March 28, 1903, approved by the Governor April 2, 1903, be and the same is hereby repealed. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 12, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIER, Governor. 91 — CHAPTER 46. House Bill No. 27. A BILL entitled "An Act to repeal an Act passed on the 13th day of March, 1903, and approved March 18, 1903, authorizing Franklin County to issue bonds for the purpose of building and constructing roads,- and to repeal an amendatory Act thereto, passed April 10, 1903, and approved April 16, 1903, being known as House Bill No. 990, Chapter 472, of the Acts of 1903, and to repeal an amendatory Act to the original Act, House Bill No. 448, the last named amendatory Act being House Bill No. 753, passed March 30, 1903, and approved March 31, 1903, Chapter 588, Acts of 1903." Section 1. Be it enacted by the General Assembly of ike State of Tennessee, That a bill entitled "An Act au- thorizing Franklin County to issue bonds for the purpose of building and constructing roads," House Bill No. 448, Chapter 143, Acts of 1903, and passed March 13, 1903, and approved March 18, 1903, and an amendatory Act thereto known as House Bill No. 990, passed April 10, 1903, and approved April 15, 1903, known as House Bill NTo. 990, Chapter 472, Acts of 1903, and another' amendatory Act to the original Act passed March 30, 1903, and approved March 31, 1903, known as House Bill No. 753, Chapter 588, Acts of 1903, be and the same are here- by repealed. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed January 17, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 18, 1905. JAMES B. FRAZIER, Governor. — 102 — Seo. 7. Be it further enacted, That the Mayor shall from time to time, give to the Legislative Council infor- mation in writing of the state of the corporation, and such other information as the said Council may need, and may recommend to the Council such measures as he may deem expedient He shall have general supervision cd all the officers of the city and see that the ordinances and provisions of this charter are observed. Sec. 8. Be it further enacted, That every law or ordi- nance passed by the Legislative Council shall be approved by the Mayor before it shall take effect. If he disap- proves of it, he shall return it to the Board in which it originated at its next regular meeting after its passage, with his objections in writing, and no law or ordinance vetoed by the Mayor shall go into effect unless the same be again passed in both Boards by a vote of a majority of the members-elect of each Board; Provided, however, that if the Mayor fail to return any law or ordinance, as aforesaid, he shall be deemed to have approved the same, and it shall become a law without any further action of the Board in which it originated, and every law, ordinance, resolution or vote, except on a question of ad- journment, shall require the approval of the Mayor, be- fore it shall have effect, except as above provided. Seo. 9. Be it further enacted, That the Mayor is Appointments hereby empowered to make pro tempore appointments to Gayor? by supply the places of city officers in case of sickness, death, resignation, absence or other disabilities. He shall also have power to suspend any city officer for misconduct or dereliction in office, reporting such action, with his reason therefor, in writing, to the next regular meeting of the Legislative Council, and he shall also have the power to administer oaths. Sec. 10. Be it further enacted, That the Mayor is MSJarnSa™ake hereby empowered to call special session of the Legisla- statement. tive Council by proclamation or otherwise, and in so call- ing he shall state to the members the object for which it shall have been convened. He shall at least once in every three months cause to be laid down before the Legis- lative Council a statement of the financial condition of the city, which statement shall be published among the proceedings of the Legislative Council or as the Legis- lative Council may by resolution direct Sec. 11. Be it further enacted, That the Mayor shall, before he enters upon the discharge of his duties, take — 103 — an oath of affirmation, that he will support the Constitu- oath of office. tion of tie United States and of the State of Tennessee ind the charter and ordinances of the City of Memphis, and faithfully carry out and enforce the same, and faith- fully demean himself in office. Sec 12. Be it further enacted, That in case of tern- vice Mayor. poraiy absence of the Mayor, or in sickness, the Vice Mayor shall discharge his duties; and in the absence of the Mayor and Vice Mayor the duties of the Mayor shall devolve upon the Chairman of the Board of Public Works. Ssc. 13. Be it further enacted, That the Mayor may Removai-how. be removed from office for misdemeanor therein by a vote of two-thirds of the members-elect of both Boards ot the Legislative Council sitting in joint session, at which the Vice Mayor shall preside. Before his removal from office the charges against him shall be preferred against him by any three members of the Legislative Council and reduced to writing, and he shall be furnished with a written copy and allowed ten days to appear before the Council to make his defense, either in person or by coun- sel, or both. Sbc. 14. Be it further enacted, That in case of the contests. contested election of Mayor, the Legislative Council shall determine the same, and whenever it is ascertained that two or more persons have the same number of votes for Mayor, the Legislative Council shall elect one of such persons for Mayor. Sbc. 15. Be it further enacted, That the Mayor shall Mayor to sign countersign all warrants drawn upon the Treasurer, or the custodian of the city's funds, and shall sign all bonds, notes or other evidence of city indebtedness, and shall sign all contracts to which the City of Memphis is a party; Provided that, if the Mayor refuse to sign any such contract, or any such instrument, or document, same becomes effective without his signature by a majority vote of the Legislative Council. Legislative Department. S«o. 16. Be it further enacted, That the Legislative Legislative Department of the City of Memphis shall consist of two Council. separate and distinct Boards of equal law-making power, which shall sit separately, known as and called the Legis- lative Council, as herein provided. No person shall be eligible to a seat in either Board of the Legislative Coun- cil who has not resided five years in the City of Mem- — 104 — phis, next preceding his election, or who is not a citizet of the United States, or who holds any office or agency under the City of Memphis, County of Shelby or State of Tennessee, and shall be a freeholder and not in arrears for taxes. Seo. 17. Be it further enacted, That no person cai who eligible to become a member of either Board of the Legislative Conn- membenhip. c^ w^o is interested, directly or indirectly, nearly 01 remotely, in any contract with the City of Memphis, ox who holds an office of trust or salary in any corporation which holds any contract with the city, the terms, rates or prices whereof are subject to modification or enforce- ment by said Legislative Council; and no collector or ' keeper of any money for the city shall be eligible to a seat in either Board until he has settled with the city and obtained a discharge in full. Nor shall any mem- ber of the Legislative Council take any interest what- ever in any form, manner or shape, whether directly or indirectly, in any contract with the City of Memphis, or be the beneficiary of any contract, either in labor or work, or for goods or supplies of any kind furnished. If after election, any member of said Council shall remove out- side of the city, or become a candidate for or accept any office or agency the holding of which would render him ineligible, or should become interested, directly or indi- rectly, in any contract with said city, his seat shall thereby be vacated, and the vacancy shall be supplied as hereinafter directed, any such contract shall be null and void. Should any member of the Legislative Council be a stockholder in any corporation, he shall not vote on any question directly or indirectly affecting any contract with the corporation in which he is a stockholder. Sec. 18. Be it further enacted, That each Board shall Each Board be the judge of the qualifications, election and returns tioirandelec~ of its members, and shall prescribe rules for the determi- It mSSbers!1 nation of contested elections. Each Board may determine the rules for its procedure and may prescribe the pun- ishment of its members for non-attendance or disorderly conduct and shall have power to enforce the same; two- thirds of its members concurring, may expel a member for improper conduct while in office. It shall require a majority of the members of each Board to form a quorum for the transaction of business, but a smaller number may adjourn from day to day and can adopt such — 105 — as are necessary to compel the attendance of absent members. Sec. 19. Be it further enacted, That each of the said Qualification Boards composing the Legislative Council shall meet on of membe"- the first Thursday after the first Monday following their election and be qualified, and enter upon the discharge of their duties. The Chairman of the Board of Public Works shall serve for a term of one year, and shall receive no compensation as such Chairman except his salary as a member of the Board. He shall be entitled to a vote on all questions coming before the Board, and in his absence a pro tern. Chairman for that meeting shall be chosen from the members thereof present All vacancies in either Board shall be filled by the Board for the unexpired term, but no action in such matters shall be taken except at a regular meeting. Sec. 20. Be it further enacted, That the time of meet- Regular ing for said two Boards shall be on the first Thursday lneetmg- after the first Monday of each month, at such place and ionr as may be designated by ordinance. Whenever such places of meeting shall be fixed and adopted* by said Boards they shall not be changed except by an ordinance passed by the two-thirds vote of each Board at a regular meeting. Special meetings of the Legislative Council may be held at any time upon the call of the Mayor or the call, regularly signed, by the majority of the mem- lew of each Board. Members of the Legislative Council shall be exempt from jury or military service. Sec. 21. Be it further enacted, That the Legislative Power of Council shall have power to pass, for the government of °unci " the city, any ordinance not in conflict with the Constitu- tion or laws of the United States or of the State of Ten- nessee; Provided, however, that no ordinance shall Be ▼•lid unless it shall have been read in full and passed on two separate readings before each Board on different ^J8? hy a vote of a majority of the members thereof, after an opportunity for free discussion thereof. Xo ordi- nance shall be valid if passed on final reading by both Boards on the same day, or if it shall embrace more than one subject, that subject to be expressed in its title. All ordinances shall be published as now required by law. But the Legislative Council shall have no power to dose a street or alley except for city purposes. Sbc. 22. Be it further enacted, That the Legislative Fines, etc. Council shall have the power by ordinance to impose fines — 106 — not exceeding fifty dollars for the violation of any ordi nance. All ordinances now in force and not in oonflic with this Act are continued in force, but the Legislative Council shall have power to amend or repeal any of then by ordinance. Seo. 23. Be it further enacted, That the member compensation of the Legislative Council shall receive as compensatioi offcounoii for their service the sum of ten dollars for each regular special or call meeting they attend, upon certificates oj attendance signed by the Register, and they shall fix the manner of transacting and conducting the business o: one Board with another and the manner of transmitting matters of business from one Board to another, and t< the Mayor and other city officers. One Board shall noi adjourn for a longer time than twenty-four hours with- out the consent of the other after they meet in regulai session, and both Boards shall have their meeting at the same time. Seo. 24. Be it further enacted, That when any or- Passage of dinance or joint resolution shall have passed its second ordinances, yeading^m either Board, it shall be transmitted by the Register to the other Board in open session, with the official indorsement of the fact of such passage by the Chairman of the Board in which it originated. If said other Board shall pass such resolution or ordinance with- out amendment on two readings, the Chairman thereof shall immediately sign it and cause it to be returned to the Board in which it originated, whereupon, being re- turned in open session, it shall immediately be signed by the Chairman thereof. It shall thereupon be delivered to the Register, whose duty is to copy it, together with the signatures of the Chairmen of both Boards, in a book to be kept for that purpose, and then, after it shall have been compared and found correct by the Committee on Enrolled Bills of both Boards, to transmit it to the Mayor, noting on it the day of delivery to the Mayor. But, if after passing one Board, such resolution or ordinance shall be amended and then passed in the other, the or- dinance or resolution so amended and passed shall be transmitted to the Register, with the official indorsement of the Chairman of said Board of the fact of such amend- ment, to the Board in which it originated for concurrence. If said latter Board shall concur in the amendment, reso- lution or ordinance, it shall be signed, copied and trans- mitted to the Mayor, as above provided. If, however, — 107 — aid Board shall refuse to concur in the amendments, or ay of them, the Chairman of each Board shall immedi- ately appoint a Conference Committee, and when such committee shall make a report, and the same shall be adopted by both Boards, the Register shall make a copy of die resolutions or ordinances as amended or adopted, and the same after having been compared and found cor- rect by the Committee on Enrolled Bills, of each Board, shall be signed, copied And transmitted to the Mayor as above provided. The signing of all ordinances and reso- lutions by the Chairman of either Board shall be done in open session, and the fact noted on the minutes. When a resolution or ordinance shall have been approved or disapproved, it shall be announced in open session of the Board in which the measure originated and noted on the minutes. The fact and date of such approval or disap- proval shall also be entered by the Register in the book in which such resolution or ordinance shall have been recorded, as hereinbefore provided. The resolution or ordinance, signed by the Chairman of the Board of Pub- lic Works and the Mayor and countersigned by the Reg- ister and the Mayor, shall be kept by ihe Register as a. part of the record of his office. Sec. 25. Be it further enacted, That the Legislative Council shall elect all city officers whose election is not otherwise herein provided for. 8ic. 26. Be it further enacted, That the Legislative Dutmrse- Oonncfl shall have no power through any committees or £ad£~how otherwise to superintend, control or direct the expen- ditnre of funds appropriated by it for any purpose whatever, or to approve warrants for the paying out the State shall appoint a Judge and Attorney General for JuSgeand said Sixteenth Judicial Circuit, to serve as such Judge GenenSf and Attorney General until the next general election, and said Judge and Attorney General shall receive the same compensation as is now paid to Circuit Judges and Dis- trict Attorney Generals of this State, and shall be vested with all the powers, rights, and privileges as are now conferred upon and exercised by other Circuit and Crim- inal Court Judges and Attorney Generals of the State. Sto. 4. Be it further enacted, That all bonds and Brad^Moogni- recognizanoes that shall be taken and all processes issued shall be returnable to the said Courts at the times and places for holding the same in Section 2 of this Act, and that all processes issued from either of said Courts be- fore the passage of this Act returnable to said Courts as now fixed by law shall be returned and returnable to the term of said Courts as fixed in this Act, and such returns shall bind all parties; and that all causes pending in either of said Courts and triable at the succeeding term thereof, as now fixed by law, shall stand continued to and triable at the term thereof fixed above in this Act, and if jurors shall be selected or summoned for any term of said Court prior to the passage of this Act, they shall attend the Court at the time fixed in this Act for the succeeding term after they were summoned; and that all bonds and recognizances heretofore entered into or taken in any criminal cases in Courts embraced in this Act shall be and remain in full force and effect, and shall bind the parties thereto to appear for trial at the next term of Circuit Court for the county in which the case is pending, fixed in this Act In the county of Madison this applies alone to civil causes, jurisdiction of criminal causes in said county not being conferred on the Judge of the said Six- teenth Judicial Circuit, and such bonds and recognizances shall have as full force and effect at the next succeeding term as under prior Acts of which this is amendatory. Seo. 5. Be it further enacted, That the Clerk of the Circuit Court of Madison County shall transfer all bonds, papers, and proceedings appertaining to civil matters now pending in said Circuit Court to the said Circuit Court of the Sixteenth Judicial Circuit herein created for trial and proceedings thereon, and the said Clerk of — 124 — Madison County shall transcribe upon his new records for the said Circuit Court of the Sixteenth Judicial Cir- cuit all records and minutes pertaining to civil matters now pending in the Circuit Court And all records and minutes and proceedings and papers of said Circuit Court of the Sixteenth Judicial Circuit shall be kept separate from those of other Courts, and that all appeals from Justices of the Peace, or causes of a civil nature, shall be to said Circuit Court of the Sixteenth Judicial Cir- cuit, and all new suits of a civil nature shall be instituted in said Circuit Court of the Sixteenth Judicial Circuit, which shall have full and exclusive jurisdiction over all causes of a civil nature in said county of Madison. Sec. 6. Be it further enacted, That the Clerk and his Deputy in the county of Madison shall also be the Clerk of the Circuit Court of the said Sixteenth Judicial Cir- cuit, and shall receive the same compensation for like services now performed and subject to the same liabilities. Sec. 7. Be it further enacted, That the county of Benton be detached from the Thirteenth Judicial Circuit as now provided by the Act passed April 21, 1899, and approved April 22, 1899, Acts of the General Assembly of the State of Tennessee, Chapter 427, and attached to and made a part of the Fourteenth Judicial Circuit. Sec. 8. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Sec. 9. Be U further enacted, That this Act take ef- fect from and after its passage, the public welfare re- quiring it Passed March 14, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 17, 1905. JAMES B. FRAZIER, Governor. — 125 CHAPTER 58. House Bill No. 331. AN ACT to incorporate the town of Lafayette, In Macon County, Tennessee, and conferring and defining the corporate limits thereof, and to amend an Act passed April 18, 1899, creating a college at Lafayette in conjunction with the common school, and to amend an Act creating a special school dis- trict in Macon County, passed April 13, 1903. Section 1. Be it enacted by the General Assembly of Boundaries. the State of Tennessee, That the inhabitants of the town of Lafayette, in the county of Macon and the State of Ten- nessee, are hereby constituted a body politic and corporate under the name and title of the town of Lafayette, with the following boundaries — to wit : Beginning on the north- west corner of J. R. Holland's land, running a southerly direction with his line to William Haley's land, thence south to the line between the First and Fourth Civil Dis- tricts of the county of Macon; thence eastwardly with said line, including the old dwelling house of William Haley's; thence continuing with said district line so as to in.Jude the lands of John Parker and Joe Lovclady; thence a northerly direction so as to include the lands belonging to the estate of M. B. Johnson, deceased, the lands of T. B. Beckner, W. S. Loftis, George Meador, T. E. Freeman, and Julius Coley ; thence a northwesterly course so as to include the lands of G. W. Bradley, James Gammon, Jeff Gann, J. S. Wootten, and J. H. Key, to the old Tompkinsville Koad, between the lands of said Key and E. G. Price ; thence a southwesterly course with said road to the line of W. L. Chamberlin's land; thence a northwesterly course with said Chamberlin's line to his northwest corner ; thence with said Chamberlin's line west- wardly to a stone in Lafayette and Scottsville Boad, in- cluding the land of Mrs. Palistine Ragland, now Mrs. Marshall; thence westwardly so as to include the land of Peyton Goodall to the old Billy Saunders spring; thence westwardly with the meanders of said spring branch to the public road, leading from Bratton Town to Maple Grove; thence south westwardly with said road, including — 126 — Officers— how elected. the lands of Widow Jewitt, situated on either side of the road; thence continuing with said road to the old H. C Bratton blacksmith shop, at the Lafayette and Gallatin Road ; thence up the branch to the spring in D. B. Coth- ron's lot; thence in a southerly direction, including the lands of D. B. Cothron's, Elizabeth Hargis, and A. J. Hargis to the beginning corner. Sec. 2. Be it further enacted, That the corporation shall be known as the Lafayette -Corporation, coextensive with the boundaries aforesaid, shall have perpetual sue- cession, may sue and be sued, plead and be impleaded in all the Courts of Law and Equity in the State; may pur- chase, receive, and hold real, personal, and mixed prop- erty within said corporate limits for municipal purposes, and may purchase real and personal property to be used for the burial of the dead; and may sell and dispose of said property for the benefit of said corporation, and to do all other acts as natural persons; they shall have and use a common seal, which may be changed at pleasure. Sec. 3. Be it further enacted, That the officers of said corporation shall be elected by the qualified voters of the same. There shall be a Mayor and six Aldermen, who shall constitute and be known as a corporation Coun- cil. Said Mayor, by the virtue of his office, shall exercise and perform judicial power under the by-laws of said corporation, and shall be the Chairman of the Council at their meetings; each and all of said officers shall be citi- zens and voters of said corporation. Sec. 4. Be it further enacted, That the first Mayor and Aldermen shall be as follows: J. W. Brown, Mayor; S. A. Sneed, T. E. Foust, A. R. Harlan, J. J. Carter, E. W. Oglesby, and J. B. Freeman, Aldermen, or Council, who shall qualify as soon as practicable after the passage of this Act, and shall hold their office until the election and qualification of their successors. The first election for Mayor and Council shall be held in the courthouse in the town of Lafayette by the corporate Marshal, aided by two clerks and three judges, to be appointed by the Council, all of whom shall be legal voters of said corpora- tion, on the first Thursday in May, 1906, after giving ten days' notice by posters, and the Mayor and Council shall be elected every two years thereafter. If the Marshal shall be unable to hold the election at Failure to hold the ^me prescribed, he shall hold it as soon thereafter as possible. For a willful failure to hold said election as pre- First officers. elections. — 127 — scribed by this Act, he shall forfeit and pay to the cor- poration the sum of two hundred dollars ($200.00), to be recovered from him and securities by an action of debt in the name of the Mayor, in the latter event the Council shall designate some other person to hold an elec- tion. All the officers of said corporation shall hold their * office until their successors are elected or appointed and qualified. The election shall be held under the same regulations prescribed by law for the election of county officers. Sec. 5. Be it further enacted, That the Mayor andoath. Council, or other officers, before entering upon their duties, shall each take an oath before some person quali- fied to administer the same, that they will honestly and faithfully discharge the duties of the office without fear, favor, or affection, and to support the Constitution of the United States and of the State of Tennessee. Sec. 6. Be it further enacted, That no person shall be Wh0 may hoid eligible to the office of Mayor and Council unless he shall offloe- have been for one year next preceding his election a hona fide resident of the corporation at the time of his election and qualification as aforesaid, or should he cease to be a resident as aforesaid, his office shall become vacant. Sec. 7. Be it further enacted, That the legislative powers of said corporation shall be exercised by the Coun- cil, consisting of the Mayor and Council, over whose meet- ings the Mayor shall preside and cast the deciding vote in case of a tie. A majority of all the Council constitute a quorum for the transacting of business. In the event the Mayor shall be temporarily absent, the Council shall elect one of their members to preside over their delib- erations, in which event one more, than a quorum shall be present, in the event of the death of the Mayor, or should his office become vacant by removing from said corporate limits or resignation, or impeachment, or other causes, then the Council shall proceed at their next regular meeting to elect one of their members Mayor to fill out the unexpired term, and in case the office of any of the Council has become vacant the Council shall elect some qualified person to fill the place vacated, and the Council shall have the power to fill all vacancies on account of death, removal, resignation, or other causes. Sec. 8. Be U further enacted, That the Council ofcoUn0iito the corporation shall judge of the election and qualifica- S^ftionfs. tion of its members. The Marshal shall, within three days — 128 — after holding election hereinbefore provided for, issue certificates of election to the persons receiving the highest number of votes for the respective offices. The Council shall prescribe rules for the determination of contested elections, from which any party aggrieved shall have the right of appeal to the Circuit Court. The Council shall prescribe its own rules of proceedings and punishing its own members for malfeasance, misfeasance, or nonfea- sance, drunkenness, or any other misconduct in office, and enforce tlje sanie. Two-thirds of the remaining members of the' CbtmcJP present, and voting to concur, may expel a member for misfeasance, malfeasance, nonfeasance, drunk- enness, or other misconduct, which vacancy shall be filled as other vacancies hereinbefore provided. A less number than a majority can adjourn from day to day, and may by ordinance compel the attendance of absent members by fines and penalties. The Mayor and Council shall hold their first meeting as soon after the passage of this Act as practicable, and as often thereafter as may be pre- scribed by the by-laws fixing the time and place, but they shall meet for the transaction of business as often as the Mayor may call a meeting, specifying in his call the pur- pose of the meeting. Skc. 9. Be it further enacted, That the Mayor and Council are vested with legislative power, with power to Mayor and enact all by-laws, rules, and regulations for the best gov- Couucil. y. 7 '. . ° .. n» • i ernment of the corporation, but not to be m conflict with the Constitution of the State, the statutory laws of the State, nor of this Act. They shall have power to elect a Secretary, Marshal, and Treasurer, fixing by law the amount of their respective bonds. The Mayor and Coun- cil shall serve without pay, except the Mayor's fees as hereinafter fixed. The Secretary and Treasurer shall receive such compensation as the Council may deem proper. The Mayor is hereby invested with judicial power to the extent of Justice of the Peace, to try all offenders brought before him under the by-laws of the corporation, and shall receive the same fees as a Justice of the Peace for similar service. In case the Mayor ia incompetent to sit on a case, he shall transfer the case to the Justice of the Peace of the corporation; in case of his incompetency, to any other Justice of the Peace of the First Civil District of the county. The Marshal shall receive the same fees of a Sheriff or Constable of the county for similar services as his pay. The Mayor Powers of — 129 — mud Council shall have power to create, define, grant, and license for the exercise of privileges, and it shall be the duty of the Secretary to issue said license, collect the fee, and pay over from time to time to the Treasurer. The Marshal shall pay over all sums coming into his hands for the corporation to the Treasurer. It shall be the duty of the Council to enact such laws and ordi* nances to guard against fire, and to define and fix the ex* tent to which firecrackers, Roman candles, or other ex* plosive substances that may be used within corporate lim- its, or to prohibit their use. Sec. 10. Be it further enacted, That there shall be school three School Directors elected by the voters of the cor- Dlpeotori- poration at the regular election at the time fixed as here- inbefore for the election of Mayor and Council. It shall be their duty to take the census of the scholastic popula- tion or scholars within said corporate limits, and report the same to the Mayor and Council annually, as fixed by the laws of the State. Sec. 11. Be it further enacted, That the Mayor, by Mayor, chair- virtue of his office, shall be the Chairman of the Board man- of Directors hereinbefore constituted, and the Secretary shall be the Clerk of said Board of Directors, who shall keep a record of all their proceedings. Sbc. 12. Be it further enacted, That the Mayor and Taxes. Council shall take the Tax Assessor's book of the First Civil District of the county as a basis, and make an addi- tional assessment to that of the County Court for school purposes on all the property and privileges within said corporate limits. The assessment thus made on property shall not exceed fifty cents on the hundred dollars, and on privileges it shall not exceed the State and county taxes. If the County Court of Macon County should at any time fail to make assessments on any property or How assessed, privileges in whole, or in part, the Council is authorized eto- to make the necessary assessments, with the addition as hereinbefore provided. The Council shall make an item- ized report of their assessments to the Clerk of the County Court of said county, who shall add the same to the assessments made by the County Court for school purposes within the limits of said corporation, and set it out in his tax book and turn it over to the Trustee of the county for annual collection when the county and State taxes are collected. The County Trustee shall, when said school tax is collected by him, together with the amount or 9 — ISO- amounts which the First Special District may be en- titled to receive under the Act of April 13, 1903, pay to the Treasurer of corporation upon the warrant of the May- or. The Clerk of the County Court shall payy all the school funds coming into his hands under said Act of April 13, 1003, upon privileges or otherwise, to the Treas- urer of said corporation, taking his receipt therefor, which shall be a sufficient voucher for him, and the Mayor's war- rant upon the Trustee aforesaid shall be a sufficient voucher for him upon settlement Sbc. 13. Be it further enacted, That the School Di- Dutiesofichooi rectors now in office of the First Special District of Macon director*. County shall hold their office until the next regular elec- tion, as provided for in the foregoing Act; the bounda- ries of said Special District and corporate limits being the same. The Mayor and the three School Directors shall become members of the Board of Trustees of Lafayette College, which is situated in the town of Lafayette, and the Act of April 18; 1899, and the Act of April 13, 1903, be, and the same is so amended as to make the Mayor and three Directors a part of the Trustees of said college. The said Board of Trustees shall have power to enact all by-laws that may be necessary for the best interest of said college. They shall employ the teacher or teachers in said college, regulating their salaries, looking to the best interest of the school. They shall cause to be taught all the common school branches and special school branches and the collegiate courses in said school. Seo. 14. Be it further enacted, That all the pupils or children over the age of six and under twenty-one years school ages. Q£ ^^ w^0 are cj^jzens within said corporate limits, shall be entitled to be taught in all the literary branches and grades in the common school courses, special literary branches as provided by present existing laws of the State, and collegiate literary branches taught in said school free, without paying for their tuitions, so long as the teachers are being paid out of the school fund hereinbefore men* tioned, except contingent fees may be required. The Act of April 18, 1899, consolidating Lafayette College, is so amended as to conform with the foregoing Act; and the Act passed April 13, 1903, is so amended by the fore- going Act so as to conform with the same, and that all the rights, benefits, and immunities given to said special dis- trict as provided therein is by this Act retained and al- lowed to said corporation for school purpose and benefit, — 131 — to be controlled by the Council, Board of Directors, and Trustees, as provided in this Act. 8m. 15. Be it further enacted, That when teachers' school f unds- nlaries are due and to be paid out of the school fund ponded. provided fop in the foregoing Act and other necessary ex- penses of said school, the Board of Trustees of said col- lege shall cause the same, if allowed, to be certified by its Clerk, to be approved and signed by the President of said Board of Trustees and filed with the Mayor and Council, and if found correct and approved by said Coun- cil, the Mayor shall issue his warrant to the parties en- titled thereto upon the Treasurer for payment, which warrant when paid shall be a sufficient voucher in the hands of the Treasurer upon settlement. The Mayor and Council shall semi-annually call the Treasurer to settle- ment, and for this purpose they shall have free access to the hooks of the Treasurer, Secretary, Marshal, and the books kept hy the Clerk of the Board of Trustees. They shall also have power to examine the contracts made with teachers and other contracts trenching upon said school fund, and if found correct to approve the same, and if found incorrect to disapprove the same, which disapproval shall annul said contracts, orders, and appropriations. And if the public school funds have been improperly paid ont, they shall have the power to bring action in any of the Courts of Law or Equity of the State against the proper parties to recover the same. 8tc. 16. Be it further enacted, That said corporate 0^BE<5ulke limits is hereby established and constituted a Special Boad ^motOAd District, and that all the road fund assessed by the County Court upon property privileges or otherwise with- in the limits of said corporation, when collected by the Trustee of the county, shall be kept separate by him and paid over to the Trustee of the corporation, to be used for the keeping up the public roads within said corporate limits. The Mayor and Council shall have power to as- sess and fix the number of days that each citizen subject to road duty within said corporation shall work out as required by the laws of the State. Said Council shall have power to require the Marshal, and appoint an over- seer, or overseers, within said corporation, and cause said roads to be worked. _132 — Sec. 17. Be it further enacted, That said Mayor and Council shall have no power to assess taxes on property and privileges for no other purpose than that for the ben- efit of the public school, but the corporate authorities shall be entitled to all the fines, forfeitures, and penalties col- lected by said corporation, to be used for corporate pur- poses and necessary expenses; and should any of said fines, forfeitures, penalties be remaining in the hands of the Treasurer at his semi-annual settlement, the same shall be turned over to, and become a part of, the public school fund. Said corporation shall be entitled to her pro rata part of the money coming from the State of Tennessee for school purposes. Sec. 18. Be it further enacted, That the Mayor and Council shall have power to annex any adjoining territory to her limits, provided the territory or adjoining farms shall come for the annexation by the consent of the school officers under whose control they may be; and then the Council may annex the same, provided it shall appear to them to be to the best school interest of all the parties, and in the same manner the Council shall have power to de- tach any part of the corporate limits adjoining to outside territory ; and should such annexations or detachments be made, the same shall be spread upon the minutes of the Council and a copy thereof filed with the Clerk of the Countv Court, to be entered or recorded upon the order of said Court, and the parties desiring said attachment or detachment shall pay the expense of the same. Sec. 19. Be it further enacted, That no by-law or or- Poi£inanoes. finance ^0T the government of Lafayette Corporation shall become a law, unless it has been read and passed by the Council on three different davs, and then approved and signed by the Mayor. The Mavor is invested with veto power, and should he veto any bill or code of law, he shall give his reasons for the same and return it to the Council with his veto, and it shall not become a law, or laws, unless it is again passed by a two-thirds vote by the Coun- cil, to which the Mayor shall affix his signature. Sec. 20. Be it further enacted, That there shall not be any retail liquor dealer's license issued to any person or firm of persons for the retail or tippling of intoxicating drinks within the limits of said corporation; and that this — 183 — Act take effect from and after its passage, the public wel- fare requiring it Passed March 10, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 17, 1905. JAMES B. ERAZIER, Governor. CHAPTER 59. House Bill No. 306. A BILL to be entitled an Act to amend an Act of the General Assembly, passed March 24, 1903, anjl approved March 25, 1903, it being House Bill No. 468, and entitled "An Act to be entitled an Act to amend an Act of the General Assembly, passed April 21, 1899, and approved April 22, 1899, entitled House Bill No. 770; An Act to divide the State of Tennessee into Judicial Circuits and Chancery Divisions, and provide for the administration of justice and equity in the Circuit and Chancery and other inferior courts of this State, and to fix the time for holding the terms of said Chancery, Circuit, and other courts, so as to change the time for holding the Circuit Courts in the Second Judicial Circuit, and to provide that the Chancellor of the Fourth Chancery Division to hold the Circuit Courts of Fentress County," by repealing Section 2 of said Act - Section 1. Be it enacted by the General Assembly of (he State of Tennessee, That Section 2 of Chapter 227 of the Acts of the General Assembly, passed March 24, 1903, and approved March 25, 1903, be, and the same is hereby, repealed. Sbc 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare re- quiring it- Passed February 4, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 17, 1905. JAMES B. FRAZIER, Governor. — 134- CHAPTER 60. House Bill No. 284. AN ACT, entitled an Act to prevent live stock from running at large in counties of this State having a population of 10,700 and not over ll,000y according to the Federal Census of 1900, or according to any subsequent Federal Census, and to pre- vent the necessity of fencing lands in counties that are now affected by this Act, and that may hereafter be affected by it Section 1. Be it enacted by the General Assembly of ThisAotap- the State of Tennessee, That in all counties in this State SSTctounty." having a population of 10,700 and not more than 11,000, according to the Federal Census of 1900, or according to any subsequent Federal Census, it shall be unlawful for any owner of any horse, cow, sheep, goat, or hog, or any other live stock, knowingly to permit the same to run at large within the limits of such counties within this State. Sec. 2. Be it further enacted, That the owner of live stock mentioned or included in Section 1 of this Act shall be liable for all damages done to the property of other persons while any of said stock may be running at large in said counties. Sec. 3. Be it further enacted, That in addition to the owner's liability for the damage done by the live stock mentioned or included in Section 1 of this Act, the party damaged shall have a lien on the animals doing the damage, and may enforce said lien by attachment as land- lord for rent. Sec. 4. Be it further enacted, That any person or per- sons upon whose lands such live stock shall be found running at large shall have the right to take up and confine them, giving same reasonable good feed and at- tention, and shall be entitled a reasonable compensation for same, and shall have and is hereby given a lien upon said stock for same. Sec. 5. Be it further enacted, That any person vio- lating this Act shall be guilty of a misdemeanor, and on conviction shall be fined not less than five dollars nor more than fifteen dollars. — 135 — 8*c. 6. Be it further enacted, That nothing in this Act shall operate to annul or repeal the railway fence and stock law. Skc. 7. Be it further enacted, That this Act shall take effect from and after the first day of April, 1905, the pub- lic welfare requiring it. Passed March 14, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. L COX, Speaker of the Senate. Approved March 17, 1905. JAMES B. FRAZIER, Governor. CHAPTER 61. House Bill No. 173. AN ACT to amend Chapter 445 of the Acts of the General Assembly for tho year 1901, "Entitled an Act to incorporate the town of Halls, Lauderdale County, Tennessee, so as to give the Board of Mayor and Aldermen the right to estab- lish a fire limit and prescribe penalty for a violation of same by ordinance; and so as to give the Mayor and Board of Aldermen the right to elect a Tax Assessor for the town of Halls and prescribe his duties, and to elect a Board of Equalizers for said town of Halls and pre- scribe their duties; and to fix the time when the tax due the town of Halls shall become due, and when the same shall become delinquent, and to prescribe means for granting an extension of said tax; and so that the Marshal of the town shall be elected by the legal voters of the town; and so as to fix the salary for the Mayor and Board of Aldermen. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 445 of the Acts of the General Assembly of Tennessee for the year 1901 be, and the same is hereby, amended as follows : That the Board of Aldermen and Mayor of the town of Fire limit Halls, Lauderdale County, Tenn., shall have the right to establish a "Fire Limit" and prescribe penalty for a violation of same by ordinance. That the Board of Mayor and Aldermen shall have the right to elect a Tax Assessor for the town of Halls ; the said Tax Assessor shall — 136 — Board of Equalizers. Taxes due— when. Bate of tax. Marshal election. hold his office for two years and until his successor is elected and qualified, and that he shall assess the tax foi the town in the same manner that the Assessor for th< county has the right to assess the State and county tax His salary to he fixed by the Board of Mayor and Alder men, and qualifications same as Board of Equalizer! hereinafter created. Sec. 2. Be it further enacted, That the Board 01 Mayor and Aldermen shall have the right to elect a Boarc of Equalizers for the town of Halls, which Board shal be composed of five freeholders of the town of Halls whose duty it shall be to meet the first Tuesday in Julj of each year and go over the books of the City Assessoi and equalize the tax for said town as near as they can, Said Board of Equalizers to be elected for a term of twc years and hold office until their successors are elected and qualified. The compensation of said Board of Equalizers shall be fixed by the Board of Mayor and Aldermen before the said Board of Equalizers are elected. And they shall take and subscribe to an oath before some acting Justice of the Peace of Lauderdale County to faithfully and dili- gently perform the duties of their respective offices to the best of their ability. Sec. 3. Be it further enacted, That Chapter 445 of the Acts of 1901 be, and the same is hereby, further amended, so that all tax due the town of Halls, both prop- erty and poll tax, shall be due and payable on September 15 for the current year for which they are assessed, and shall be delinquent on the 1st day of December of said year, and to grant an extension of the said tax it shall require a two-thirds vote of the Board of Mayor and Aldermen. Sec. 4. Be it further enacted, That Section 24 of the Acts of 1901, Chapter 445, page 1061, lines 3 and 4, be amended as follows: Where it now reads "not to exceed in amount the school tax levied and assessed for county purposes," that clause be changed so as to read, "not to exceed in amount 40 cents on each one hundred dollars' worth of taxable property in the town." Sec. 5. Be it further enacted, That Chapter 445, Acts of 1901, be further amended so that the Marshal for the town of Halls shall be elected by the legal voters of the town instead of by the Board of Mayor and Aldermen, as it now is ; that his term of office be the same it now is, and his salary be fixed by the Board of Mayor and Alder- men of said town of Halls. — 137 — Sia 6. Be it further enacted, That Section 5 of the Acta of 1901, Chapter 445, page 1062 thereof, be amend- ed as follows: So that the Mayor shall receive an addi- tional salary of $1.00 per month, and that each member of the Board shall receive a salary of $1.00 per month. Sec. 7. Be U further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed; and that this Act take effect from and after its passage, the public welfare requiring it Passed February 4, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 17, 1905. JAMES B. FKAZIER, Governor. CHAPTER 62. House Bill No. 178. AN ACT to amend the Charter of Newborn, it being Chapter 450 of the Acta of 1901. Section 1. Be it enacted by the General Assembly of fte State of Tennessee, That the Acts of 1901, Chapter 450, being entitled "A Bill to incorporate the town of Xewbern, in Dyer County, and to define its powers and provide for the election of officers," be and is amended 90 as to extend the limits of the said corporation in the following manner: Beginning at a stake fonr chains west of the south- west corner of the cemetery lot, same being now one of the southwestern corners of the said corporation ; thence westward with Q. Shumate's north line to a stake in the arathwest corner of H. C. Porter's lot; thence north to a stake to the present corporation line ; thence on west and north with the present corporation line to a stake in A. D. Cude's lot, forty poles west of the present most westerly, southwest comer of the said corporation j thence — 138 — north sixty poles to a stake in J. G. Wynne's field, north' west from his house; thence forty poles to the present corporation line; thence on with the present corporation line to a stake in the northwest corner of Ben Hasting7 lot ; thence on north to a stake twelve poles north of the Lake Ferry Koad ; thence east to a stake in the west side of the Sharp's Ferry Eoad; thence south along the side of the said road to the present corporation line ; thence with the present corporation line to the northwest corner of a five- acre lot, purchased by the Mayor and Aldermen of New- bern for school purposes; thence east with the north line of the said lot to a stake in the Yorkville Koad; thence south with the said road to the present corporation line. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 14, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. L COX, Speaker of the Senate. Approved March 17, 1905. JAMES B. FRAZIER, Ghvernor. CHAPTER 63. House Bill No. 252. AN ACT to re-create the office of Road Commissioner in counties of over one hundred and fifty thousand inhabitants, according to the Federal Census of 1900, as provided by the Act of 1891, Chapter 1. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the office of Road Commis- piiegtoap" sioners is hereby re-created in counties having over 150,- county. 000 inhabitants, according to the Federal Census of 1900, or any subsequent Federal Census, with all the powers, duties, and provisions contained in the Act of 1891, Chap- ter 1, relating thereto; and the County Court of said county shall proceed to elect said Commissioners as soon after the passage of this Act as practicable. — 139 — Sec 2. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare re- quiring it. Passed February 3, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 17, 1905. JAMES B. FRAZIER, Governor. CHAPTER 64. House Bill No. 64. AN ACT to be entitled an Act to prohibit County Trustees from paying out school funds upon warrants Issued by district school directors for charts, maps, desks, libraries, and other apparatus, unless such warrants are approved by the County Judge or Chairman of the County Court and the County Court Clerk, and to provide a penalty for the violation of Section 1. Be it enacted by the General Assembly of (he State of Tennessee, That it shall be unlawful for the County Trustee to pay out school funds upon warrants is- sued by District School Directors for maps, charts, libra- ries, and other school furniture or apparatus, unless such warrants are approved by the County Judge or Chairman of the County Court and the County Court Clerk of the county wherein the articles are sold. Sec. 2. Be it further enacted, That the provisions of this Act shall not apply to, nor in any way affect, the payment of warrants for the purchase of chalk, fuel, brooms, and other incidentals. 8ec. 3. Be it further enacted, That any Trustee vio- lating the provisions of this Act shall be guilty of a mis- demeanor, and upon conviction shall be fined and im- prisoned at the discretion of the Court, and, moreover, shall be liable to the district out of whose funds the money is paid for the amount so paid, which may be — 140 — sued for in any Court having jurisdiction by any citize of the district affected. Sec. 4. Be it further enacted, That the grand juric are hereby given inquisitorial powers of violations of tfa provisions of this Act, and it shall be the duty of th Circuit and Criminal Judges of the State to give the ma ter specially in charge to the grand jury. Sec. 5. Be it further enacted, That this Act tak effect from and after its passage, the public welfare n quiring it Passed February 2, 1905. W. K ABEENATHY, Speaker of the House of Representatives J. I. COX, Speaker of the Senate Approved March 17, 1905. JAMES B. FRAZZER, Governor CHAPTER 65. House Bill No. 347. A BILL to be entitled an Act to incorporate the town of Man- chester, in Coffee County, and to provide for the election of officers, fix and prescribe their duties and powers, and tor other purposes. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the town of Manchester, in Coffee County, and the inhabitants thereof, be, and they are hereby, constituted a body politic and corporate, under and by the name and style of the Mayor and Aldermen of the town of Manchester, and shall have perpetual succes- sion by their corporate name, may sue and be sued, plead and be impleaded, grant, receive, purchase and hold real, mixed and personal property, or dispose of the same for the benefit of said town. Sec 2. Be it further enacted, That the corporate limits of the town of Manchester shall be as follows — to wit: — 141 — Beginning at the northwest corner of the original town Limltl# site of Manchester, in the Sixth Civil District of Coffee County, Tennessee, on the seuth bank of the Bark Camp Fork of Duck Biver and on the east boundary line of the James G. Aydelott (formerly Huggins) tract of land; thence south with the east boundary line of the said James G. Aydelott (formerly Huggins) tract of land to the tract formerly owned by Moore, Shr ader, Alwood and Har- pole (the Bobinson tract) ; thence east with the north boundary line of said tract, crossing the Sparta Branch of the Nashville, Chattanooga & St. Louis Railway, to the east boundary of the right of way of said railway ; thence north with the east boundary of the said right of way to the southwest comer of the James A. Clark lot; thence east with the south boundary of said lot two hundred (200) feet; thence north parallel with said railroad to a point opposite the southeast corner of the lot owned by X. L. May, Jr., and now occupied by (on the west aide of the railroad) ; thence west to the east boundary of said right of way; thence north with said east boundary to the south margin of the public road leading from Man- chester to Hillsboro; thence an easterly course with the south margin or side of said road to a point opposite the southwest corner of the John W. Emerson tract of land; thence in a northerly direction with the west boundary line of the said Emerson tract of land to the south bank of the Bark Camp Fork of Duck Biver ; thence down said river with its meanders and with its southerly and westerly bank to a point on the west bank of the same where a line running east with the north line or side of High Street would strike or intersect said river; thence west to the east boundary line of the J. L. Ewell tract of land ; thence south and west with the east and south boundary of the Ewell tract to the southeast corner of the Manchester Packing Company's lot; thence north with the east boun- dary of said lot to its northeast corner ; thence west to the east boundary of the right of way of the Sparta Branch of Llmlu- the Nashville, Chattanooga & St. Louis Bailway; thence on west, crossing said railway, to the east boundary line of the Manchester Manufacturing Company's lot; thence north with the east boundary line of said lot to its north- east corner; thence west with its north boundary line to its northwest corner; thence south with its west boundary line to a point opposite the north side of High Street (or directly in line with the north side of said street) ; thence — uo— sued for in any Court having jurisdiction by any dtizc of the district affected. Sec. 4. Be it further enacted, That the grand juri< are hereby given inquisitorial powers of violations of tl provisions of this Act, and it shall be the duty of tl Circuit and Criminal Judges of the State to give the ma ter specially in charge to the grand jury. Seo. 5. Be it further enacted, That this Act tai effect from and after its passage, the public welfare n quiring it Passed February 2, 1905. W. K ABEKNATHY, Speaker of the House of Representative* J. I. COX, Speaker of the SenaU Approved March 17, 1905. JAMES B. FRAZIER, Governor CHAPTER 65. House Bill No. 347. A BILL to be entitled an Act to incorporate the town of Man- chester, in Coffee County, and to provide for the election ol officers' fix and prescribe their duties and powers, and foi other purposes. Section 1. Be it enacted by the General Assembly oj the State of Tennessee, That the town of Manchester, in Coffee County, and the inhabitants thereof, be, and thej are hereby, constituted a body politic and corporate, under and by the name and style of the Mayor and Aldermen of the town of Manchester, and shall have perpetual succes- sion by their corporate name, may sue and be sued, plead and be impleaded, grant, receive, purchase and hold real, mixed and personal property, or dispose of the same for the benefit of said town. Sec 2. Be it further enacted, That limits of the town of Manchester shall be as wit: the cornqBflj »teof j* the no«fc^^ ^Sff* *** the i**^? Sj^TJ* ^ *_ "aJ of the saT^ di^eS<^". ^ Baric n*™0**** **»-?*_, r > of the saT^ di*«eS<^-^^- -, * ^ Bark C^?1**^ t^V^r* s* ^ ™w with its S^F"* of IW%^ • * ^ "W* boundary lit.-T^^ct «»» •" sSSfSfSS «> west .—J!?- th4tt«»oo«i *T^ ** ** -^ i" *orthw*a*r^w an^ tne wor^ n°t so done shall be disapproved and rejected by the Commissioners. The said Commissioners 'shall make written contracts with all contractors employed by them, and shall require solvent bond of all contractors conditioned for the faithful performance of their said contracts. Seo. 9. Be it further enacted, That said Commis- sioners shall not expend any of the fund derived from the sale of said bonds toward the payment of rights of way or releases, or for any damages growing out of said road building in any way or manner. Sec. 10. Be it further enacted, That said Commis- RiKhUofway. si°ners and surveying force shall have the right to enter and survey on any lands in the county, the county thereby being subject to none but actual damages. Said Commis- sioners may have condemned the rights of way selected by them on any route, damages to be assessed as now — 163 — provided by law; the Commissioners herein named hav- ing all the rights and powers now conferred by law upon District Commissioners for the purpose of laying out, condemning, and assessing damages for rights of way required by them in the discharge of their duties un- der this Act. Should any vacancies occur on the Board of Commissioners, the other Commissioners shall have the right to fill the vacancv and to act until such vacancy is filled. Sec. 11. Be it further enacted, That said Commis- Boftdg de8lg. doners shall build and construct in the manner and form Daled- before named and indicated the following named public roads of said county — to wit : 1. The road leading from Newport up Big Pigeon River, beginning at the east end of the county bridge and extending to the first railroad crossing beyond Jim Bry- ant's place. 2. Beginning at the Cosby bridge on Big Pigeon River and extending to James Erby's store. 3. The road leading from Newport to Jones' Cove, be- ginning at the terminus of Woodlawn Avenue at the New- port corporation line and extending to the Butler school- house. 4. A road running from Bryant's Mill, on the Jones Cove Road, to the Cosby Pike. 5. The Wilsonville Road, beginning at the Newport cor- poration line at A. J. Tucker's and extending to the Jef- ferson County line near Reidville. 6. The Dutch Bottom Road, beginning where it inter- sects with the Wilsonville Road and extending a distance of four miles down into the Dutch Bottom. 7. The Parrottsville Road, beginning at the bridge across Pigeon River and extending to the town of Parrotts- ville. 8. The Bybee and Knob Road, beginning at the old town bridge across French Broad River and extending by way of Bybee to Blount Fork, and from Bybee through the Narrows to the forks of the road at Wm. Kroppf's place. 9. That $2,000 be expended on the road leading from Hartford by way of Naillon to the Davis schoolhouse, and from Cole's Mill on Mountain Creek to the mouth of Raven's Branch, and $200 on the improvement of the Low Gap Road. 10. That the sum of $7,500 be expended in the grading, macadamizing and general improvement of the following roads of the old First and Fifteenth Districts : 1^" ,, • /" ' Hle 1IP" "nJ& Bridge *° L°ng °reek J W" y i^'/ghxA Mountain by way of Jones- W^'ivtffi m^ to ^ee?s store> via Piney *? &*?% ^llr^don ; from the Jonestown Road up "SgS&Z ^'! fr "J* JvB&af a; from the Del Rio Bridge '''TjSrf ^ j?r*ncb ; the nature and character of the ^oo^f^e on the various roads to be left to the dis- JJLi ^^ Commissioners. cretin ° ge u further enacted, That said Commission- ^/jnafre report to the County Court at each quarterly 08 shoeing the process of improvements in detail, and *r££* ^^'e completion of the work shall make final report to laiA Court Sbc. 13. Be it further enacted, That said bonds, when issued by the Chairman and Clerk of the County Court as t^JS*"* hereinafter provided for, shall be turned over to the said $oii*/ **** County Trustee, he executing receipts in duplicate there- ** for; but before said bonds are delivered to said County Trustee to be disposed of as hereinbefore set out for the purpose of realizing the funds for the building of said turnpikes and the improvement of the roads set out, said Trustee shall execute the bond hereinbefore required, and upon sale of said bonds by the Commissioners, said Trustee shall deliver said bonds to the purchasers and shall take charge of the proceeds hereof under the bond hereinbefore required, and said fund shall remain in his hands for the purpose of carrying out the purposes of this Act, and shall be subject to the order of the Commissioners herein named, whose order shall constitute a good and sufficient voucher for the Trustee in making his settlements with the Chair- man of the County Court for the proceeds of said bonds, which shall be charged against him as are other county funds, and he shall receive as compensation one-fourth of one per cent for disbursing same. Sec. 14. Be it further enacted, That the compensa- tion of the Commissioners shall be two ($2.00) dollars per day for time actually employed, not to exceed fifty days in any one year. Sec. 15. Be it further enacted, That none of said Commissioners shall be interested to any extent in any contract under which any of said turnpikes or roads shall be built or improved. Any Commissioner violating this section of this Act shall be subject to a fine of not less than $1,500 and imprisonment at the discretion of the Court. — 165 — Sec. 16. Be it further enacted, That said Commis- ^^^ of 8ale doners shall make a report in detail to the County Court of bonds., of the sale of said bonds in addition to reporting the dis- bursements of proceeds of sale, together with the other reports herein required. Sec. 17. Be it further enacted, That the Commission- ers shall pay contractors each thirty days upon estimates made by the engineers or assistants, reserving ten per cent of each estimate until the entire contract is completed. Sec. 18. Be it further enacted, That said Commis- sioners, when said bonds are delivered to the Trustee, shall sell the same, either at public or private sale, and the Trus- tee shall deliver to the purchasers designated by the Com- missioners, as hereinbefore specified, on payment to him of the purchase price ; and the funds realized from the sale of said bonds shall be disbursed by the Trustee for the pur- poses for which said bonds were issued on the order or warrant of said Commissioners. Sec. 19. Be it further enacted, That said Commis- 0 nlaatlon sioners shall organize as a body and elect a Chairman and of commu- such other officers as they deem necessary, which said of- ficers shall serve without any compensation other than their compensation as Commissioners. Said Commission- ers shall appoint regular times and places of meeting, and may meet at any time and place in the County, on the call of the Chairman (notice being given to each Commis- sioner) ; and the action of said Commissioners may be de- termined by majority vote. Sec. 20. Be it further enacted, That said Commis- sioners shall hold their office until the completion of the work and improvements contemplated by this Act. Sec. 21. Be it further enacted, That whatever of thcsillkllU5fUIld# funds raised by the levy of taxes herein provided for, re- main in the hands of the Trustee after the payment of interest on said bonds as herein provided, shall constitute a sinking fund for the retirement of said bonds at ma- turity ; and said funds shall be loaned by a sinking fund commission, of which the County Trustee shall be ex of- ficio a member and Chairman, and the remaining two members elected by the County Court for a term of three years. Said fund shall be loaned upon such security as the Quarterly County Court may direct, at the legal rate of interest, interest payable semi-annually. Said Commis- sioners shall be required to give bond in such penalty and with such sureties as the County Court may require. — 162 — the improvement of the public roads in said county, J« W. Fisher, J. G. Murray, William Jack, and J. P. Iledrick are hereby appointed and constitute the Com- missioners to sell said bonds and to contract said public May employ roads in said county. Said Commissioners are author- eDgineen. jze(j ^ emp}0y engineers and other expert service to sur- vey, inspect, change, and classify said public roads as hereinafter set out and indicated, and to make charts and maps, showing the changes and improvements on or near the lines of the roads hereinafter to be indicated. Said improvements to include grading, filling, metaling, ditching, widening, bridging, draining, piping, and other necessary improvements in constructing said roads; and said Commissioners shall make a record of the probable cost or approximate cost of making such improvements, that specifications shall then be made for work to be done in the improvement of said roads and building of such turnpikes in said county hereinafter made and set out as may be determined upon by said Commissioners, who then advertise for said work to be done as a whole or in parts or sections, and give the same to the lowest responsi- ble bidder or bidders, the Commissioners having the right to reject all bids, and said Commissioners may employ engineers or other necessary aid to supervise and super- intend the work. All work shall be done subject to the inspection of the Commissioners or engineers employed by them. The work done according to specifications laid commisuoners down shall be approved and accepted by the Commission- work8pect er8> anc* th° work not so done shall be disapproved and rejected by the Commissioners. The said Commissioners "shall make written contracts with all contractors employed by them, and shall require solvent bond of all contractors conditioned for the faithful performance of their said contracts. Sec. 9. Be it further enacted, That said Commis- sioners shall not expend any of the fund derived from the sale of said bonds toward the payment of rights of way or releases, or for any damages growing out of said road building in any way or manner. Sec. 10. Be it further enacted, That said Commis- Righuofway. 8i°ners and surveying force shall have the right to enter and survey on any lands in the county, the county thereby being subject to none but actual damages. Said Commis- sioners may have condemned the rights of way selected by them on any route, damages to be assessed as now — 163 — provided by law; the Commissioners herein named hav- ing all the rights and powers no"w conferred by law upon District Commissioners for the purpose of laying out, condemning, and assessing damages for rights of way required by them in the discharge of their duties un- der this Act. Should any vacancies occur on the Board of Commissioners, the other Commissioners shall have the right to fill the vacancy and to act until such vacancy is filled. Sec. 11. Be it further enacted, That said Commis-Boftdsde8lg_ doners shall build and construct in the manner and form Daled- before named and indicated the following named public roads of said county — to wit : 1. The road leading from Newport up Big Pigeon River, beginning at the east end of the county bridge and extending to the first railroad crossing beyond Jim Bry- ant's place. 2. Beginning at the Cosby bridge on Big Pigeon River and extending to James Erby's store. 3. The road leading from Newport to Jones' Cove, be- ginning at the terminus of Woodlawn Avenue at the New- port corporation line and extending to the Butler school- house. 4. A road running from Bryant's Mill, on the Jones Cove Road, to the Cosby Pike. 5. The Wilsonville Road, beginning at the Newport cor- poration line at A. J. Tucker's and extending to the Jef- ferson County line near Reidville. 6. The Dutch Bottom Road, beginning where it inter- sects with the Wilsonville Road and extending a distance of four miles down into the Dutch Bottom. 7. The Parrottsville Road, beginning at the bridge across Pigeon River and extending to the town of Parrotts- ville. 8. The Bybee and Knob Road, beginning at the old town bridge across French Broad River and extending by way of Bybee to Blount Fork, and from Bybee through the Narrows to the forks of the road at Wm. Kroppf's place. 9. That $2,000 be expended on the road leading from Hartford by way of Naillon to the Davis schoolhouse, and from Cole's Mill on Mountain Creek to the mouth of Raven's Branch, and $200 on the improvement of the Low Gap Road. 10. That the sum of $7,500 be expended in the grading, macadamizing and general improvement of the following roads of the old First and Fifteenth Districts : — 164 - Del Rio to Hough ; Del Rio Bridge to Long Creek ; W. R. Stokeley*s to foot of Round Mountain by way of Jones- town; Jesse Stokeley's mill to Lee's store, via Piney Grove; north to London; from the Jonestown Road up Diy Fork to Reuben Justice's ; from the Del Rio Bridge to Mooneyham Branch; the nature and character of the work to be done on the various roads to be left to the dis- cretion of the Commissioners. Sec. 12. Be it further enacted, That said Commission- Quarterly ers shall make report to the County Court at each quarterly report*. term, showing the process of improvements in detail, and at the completion of the work shall make final report to said Court Sec. 13. Be it further enacted, That said bonds, when Bondt to be issued by the Chairman and Clerk of the County Court as county Trua- hereinafter provided for, shall be turned over to the said teo* County Trustee, he executing receipts in duplicate there- for; but before said bonds are delivered to said County Trustee to be disposed of as hereinbefore set out for the purpose of realizing the funds for the building of said turnpikes and the improvement of the roads set out, said Trustee shall execute the bond hereinbefore required, and upon sale of said bonds by the Commissioners, said Trustee shall deliver said bonds to the purchasers and shall take charge of the proceeds hereof under the bond hereinbefore required, and said fund shall remain in his hands for the purpose of carrying out the purposes of this Act, and shall be subject to the order of the Commissioners herein named, whose order shall constitute a good and sufficient voucher for the Trustee in making his settlements with the Chair- man of the County Court for the proceeds of said bonds, which shall be charged against him as are other county funds, and he shall receive as compensation one-fourth of one per cent for disbursing same. Sec. 14. Be it further enacted, That the compensa- tion of the Commissioners shall be two ($2.00) dollars per day for time actually employed, not to exceed fifty days in any one year. Sec. 15. Be it further enacted, That none of said Commissioners shall be interested to any extent in any contract under which any of said turnpikes or roads shall be built or improved. Any Commissioner violating this section of this Act shall be subject to a fine of not less than $1,600 and imprisonment at the discretion of the Court. — 165 — Sec. 16. Be it further enacted, That said Commis- ^p^ of gale sioners shall make a report in detail to the County Court <>* *>»<*»■• of the sale of said bonds in addition to reporting the dis- bursements of proceeds of sale, together with the other reports herein required. Sec. 17. Be it further enacted, That the Commission- era shall pay contractors each thirty days upon estimates made by the engineers or assistants, reserving ten per cent of each estimate until the entire contract is completed. Sec. 18. Be it further enacted, That said Commis- sioners, when said bonds are delivered to the Trustee, shall sell the same, either at public or private sale, and the Trus- tee shall deliver to the purchasers designated by the Com- missioners, as hereinbefore specified, on payment to him of the purchase price ; and the funds realized from the sale of said bonds shall be disbursed by the Trustee for the pur- poses for which said bonds were issued on the order or warrant of said Commissioners. Sec 19. Be it further enacted, That said Commis- nUatlon sioners shall organize as a body and elect a Chairman and of commis- such other officers as they deem necessary, which said of- " °neN' fleers shall serve without any compensation other than their compensation as Commissioners. Said Commission- ers shall appoint regular times and places of meeting, and may meet at any time and place in the County, on the call of the Chairman (notice being given to each Commis- sioner) ; and the action of said Commissioners may be de- termined by majority vote. Sec. 20. Be it further enacted, That said Commis- sioners shall hold their office until the completion of tho work and improvements contemplated by this Act. Sec 21. Be it further enacted, That whatever of the8lnklni5faild. funds raised by the levy of taxes herein provided for, re- main in the hands of the Trustee after the payment of interest on said bonds as herein provided, shall constitute a sinking fund for the retirement of said bonds at ma- turity; and said funds shall be loaned by a sinking fund commission, of which the County Trustee shall be ex of- ficio a member and Chairman, and the remaining two members elected by the County Court for a term of three years. Said fund shall be loaned upon such security as the Quarterly County Court may direct, at the legal rate of interest, interest payable semi-annually. Said Commis- sioners shall be required to give bond in such penalty and with such sureties as the County Court may require. Oath of Com- — 166 — Sec. 22. Be it further enacted, That said Commis- sioners may contract with the road builders or contractors to use the convicts or workhouse labor of the County on said roads if they can do so advantageously to the County, and in such cases, the provisions of the contract as to the safe-keeping, care and comfort of such convicts shall be the same as is now provided by law. Sec. 23. Be it further enacted, That the Commission- ers named in Section 8 of this Act before entering upon 'mi'uionera. the discharge of their duties as such Commissioners shall take and subscribe the following oath : "I, , do sol- emnly swear that I will faithfully and with fidelity dis- charge the duties imposed upon me as Commissioner of Roads for Cocke County, Tennessee, without fear, favor or partiality, to the best of my ability." The foregoing oath may be taken and subscribed before any officer authorized to administer oaths, and the same shall be filed for record in the office of the County Court Clerk of said County. In addition to taking the fore- going oath, said Commissioners shall enter into bond in the penalty of $10,000 each, with two or more solvent securties, conditioned for the faithful performance of their duties as Commissioners prescribed in this Act. Sec. 24. Be it further enacted, That if a majority of the votes cast at the election ordered in the first section of this Act shall be against good roads, the Election Commis- sioners of said County shall, at any time after one year from the date of said election, upon the petition of fifty citizens and taxpayers of the County, order and hold an- other election under this Act, upon thirty days' notice. Sec. 25. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Sec. 26. Be it further enacted, That this Act take effect from and after its passage, the public welfare re- quiring it. Passed March 14, 1905. J. I. COX, Speaker of the Senate. W. K. ABERNATIIY, Speaker of the House of Representatives. Approved March 21, 1905. JAMES B. FRAZIER, Governor. 167 CHAPTER 73. Senate Bill, No. 158. A BILL to be entitled "An Act to amend Section 3778 of the Code of Tennessee, being to Code of 1858, and Section 4526 of Milliken and Vertrees* compilation of the statutes of Tennessee, being the law relative to filing and making the plea of non est factum in suits on written instruments." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 3778 of the Code of 1858, being Section 4526 of Millikin & Vertrees' com- pilation of the Laws of Tennessee, be amended by inserting the following words after the words "personal representa- tive" in line one of said section, "or in case he refuses or fails to do so, then any heir of the deceased, or other per- son, who inherits any part of the estate, either by will or by law, and who is a party to the suit," making the whole* section and the law read as follows: "If the party be dead, the personal representative, or in case' he refuses or fails to do, any heir of the deceased, or other person, who inherifs any part of the estate, either by will or by law, and who is a party to the suit, may make the denial under oath, 'according to the best of his knowledge, information and belief/ » Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are here- by, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed March 14, 1905. J. I. COX, Speaker of the Senate. W. K. ABERNATIIY, Speaker of the Tlouse of Representatives. Approved March 91, 1905. JAMES B. FRAZIEE, Governor. — 168 — CHAPTER 74. House Bill No. 251. AN ACT to repeal an Act of 1903, passed April 14, 1903, entitled "An Act to abolish the office of Road Commissioners in counties having a population of more than one hundred and fifty thousand inhabitants according to the Federal Census of 1900, or any subsequent Federal Census, same being Chap- ter 370 of the published Acts of 1903." Section 1. Be it enacted by the General Assembly of This Act ap- the State of Tennessee, That an Act passed by the Gen- SheibyCoun- erfll Assembly of the State of Tennessee, April 14, 1903, '* and approved April 15, 1903, entitled An Act to abolish the office of Road Commissioners in counties having a population of more than 150,000 inhabitants, according to the Federal Census of 1900, or any subsequent Federal Census, the same being Chapter 370 of the published Acts of 1903, be, and hereby is, repealed. Sec. 2. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare requir- ing it. Passed March 15, 1905. % W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 22, 1905. JAMES B. FRAZIER, Governor. — 169 — CHAPTER 75. House Bii/l No. 30. AN ACT to create the office of Delinquent Poll Tax Collector for counties having a population of not less than sixty thou- sand, and not more than seventy thousand, and denning his powers and duties, and fixing his compensation. Section 1. Be it enacted by the General Assembly of Thu Act ap- the State of Tennessee, That the office of Delinquent Poll fiSH county." Tax Collector be, and the same is hereby, created for counties having a population of not less than 60,000 and not more than 70,000 ; and all polls not paid to the County Trustee by March 1st, after the year for which said poll taxes were levied, shall by said Trustee, and it is hereby made his duty to turn over to said Delinquent Poll Tax Collector to be by him collected, and for collecting such taxes said Delinquent Poll Tax Collector shall be entitled to collect, as compensation, a commission of twenty-five cents on each, in addition to the commission now allowed by law for collecting executions, which commission shall be paid by the delinquent. Sec. 2. Be it further enacted, That said Delinquent Poll Tax Collector be, and he is hereby, vested with full power and authority to levy execution, by distress and sale, or garnishment as provided by law for collecting tax assessed against owners of real estate ; to inspect the regis- tration books, and the right to send for and examine wit- nesses and administer oaths. Sec. 3.- Be it further enacted. That said Delinquent Poll Tax Collector shall be elected by the County Court at the first regular term after the passage of this Act and shall be elected for term of eight years. Sec. 4. Be it further enacted, That said Delinquent Poll Tax Collector shall give bond in the sum of $20,000, signed by two or more solvent sureties, or by a guarantee company authorized to do business in Tennes- see, for the faithful discharge of his duties, and shall set- tle quarterly with County Trustee and report the aggregate amount of his collections monthly to the County Court. — 170 — Sec. 5. Be it further enacted, That in lieu of turning over said polls when delinquent to Constables, the same shall by the Trustee be turned over for collection to the Delinquent Poll Tax Collector. Sec. 6. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are here- by, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed February 2, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Approved March 21, 1905. Speaker of the Senate. JAMES B. FRAZIER, Governor. CHAPTER 76. Senate Bill No. 38. A BILLi to be entitled "An Act to regulate the practice of veterinary medicine and veterinary 6urgery in the State of Tennessee, and to define and punish offenses committed in violation of this Act." Section 1. Be it enacted by the General Assembly of TowhomAot the ^ate °f Tennessee, That no person shall practice vet- appiies. erinary medicine or veterinary surgery in any of their de- partments, including veterinary dentistry, within this State, unless and until such person shall have obtained a certificate of license from the State Board of Veterinary Medical Examiners hereinafter created, and shall have re- corded it in the County Court Clerk's office in the county in which he makes his residence ; Provided, however, that the provisions of this Act shall not apply to any person or persons who, at the time of its passage, shall have been en- gaged in the practice of veterinary medicine or veterinary surgery in any of their departments, including veterinary dentistry, in the State of Tennessee for a period of three (3) years prior to the enactment of this law. Said exist- ing practitioners shall make application to the State Board — 171 — of Veterinary Medical Examiners on or before January 1, 1906, and receive a license as further provided in this Act. Said license shall entitle the holder thereof to continue the practice of veterinary medicine or veterinary surgery in any of their departments, including veterinary dentistry, in this State when recorded in the office of the County Court Clerk of the county in which he makes his residence. Sec. 2. Be it further enacted, That there shall be aguteBoard Board to be known as the "State Board of Veterinary Medical Examiners," said Board to consist of four (4) qualified veterinary surgeons, who shall be graduates of organized and recognized veterinary colleges and of good standing in their professions, and who have had not less than five (5) years' actual experience in the practice of veterinary medicine and veterinary surgery. It shall be the duty of this Board to examine into the qualifications of all applicants for certificates of license to practice veteri- nary medicine or veterinary surgery in this State. Sec. 3. Be it further enacted, That the members of How appointed said Board shall be appointed by the Governor within thirty (30) days after the passage of this Act, and shall hold office for a term of four (4) years ; but all vacancies occurring in the Board by reason of death or resignation shall be filled by the Board itself for the unexpired term ; Provided, however, that the first Board appointed upon the expiration of the term of the present Board shall be ap- pointed as the term of the present members of the Board expires and shall within thirty (30) days from said ap- pointment meet and organize, and shall serve, one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, and one (1) for four (4) years, deciding by lot or arrangement among themselves as to their respective terms of office. Sec. 4. Be it further enacted, That the State Board organization, of Veterinary Medical Examiners is authorized to elect from its own members a President and Secretary, and to create such other offices and to adopt such rules and regula- tions as may be necessary and proper for the efficient op- erations of the Board. Three (3) members shall consti- tute a quorum for the transaction, of business and exami- nation of candidates, and a majority of those present shall be necessary to reject any application ; but such rejection shall not bar the applicant from a re-examination after the lapse of twelve (12) months. — 172 — Seo. 5. Be it further enacted, That the regular meet- Date or meet- ing of the Board shall be held on the second Wednesday lDg8- in June of each year in the State Capitol building, Nash- ville, Tennessee ; but special meetings may be held of tener upon the call of the President and Secretary. Ssc. 6. Be it further enacted, That persons desiring Examinations, to obtain a certificate of license to practice veterinary medicine or veterinary surgery in this State, shall make application therefor in writing to said State Board of Veterinary Medical Examiners upon blanks provided for that purpose. Said applications shall be accompanied by the examination fees hereinafter prescribed, and by satis- factory proof that the applicant is of good moral char- acter. When these preliminary requirements are satisfied, the applicant shall then present himself before said Board for examination upon the following branches — viz., Vet- erinary Anatomy, Veterinary Physiology, Chemistry, Vet- erinary Pathology, Veterinary Surgery, Veterinary Ob- stetrics, Veterinary Materia Medica, and Veterinary Prac- tice. That a graduate of a regularly organized and recog- nized Veterinary College, which has a curriculum of at least three years of six months each especially devoted to the study of Veterinary Science, and whose corps of in- structors shall contain at least four qualified veterinarians, be granted a certificate of permanent license without ex- amination. Seo. 7. Be it further enacted, That said Board shall piaoeofmeet- hold one or more meetings each year for the purpose of ***"' examining candidates for license. Said meetings shall be held in the State Capitol building, Nashville, Tennessee, or some other convenient place, to be determined upon by the Board. Due notice of all examinations shall be made pub- lic at such times as the Board may determine. All exami- nations shall be held under uniform rules and regulations, to be adopted by the Board. All examination papers shall be examined, graded, and passed upon at the regular meet- Ezamination- ing of the Board next following date of examination, the ducted. " results to be declared and certificates issued to those enti- tled to receive them ; Provided, that in order to prevent any inconvenience, one member of the Board of Veterinary Medical Examiners may grant a certificate of temporary license to any applicant, whose application is accompanied by the examination fee hereinafter prescribed. Said ap- plicant shall be permanently located at some designated place in this State, and must present satisfactory evidence f — 173 — to the examiner that he possesses the qualifications herein- before or hereinafter prescribed. Said temporary license shall entitle the holder thereof to practice until he is ex- amined and his papers passed upon. Sic. 8. Be it further enacted. That if the applicant for examination shall thereupon be found worthy and competent by the Board, it shall issue to him a certificate of license to practice veterinary medicine or veterinary sur- gery, or both, in this State. Sec. 9. Be it further enacted, That the Board of Vet- Record, erinaiy Medical Examiners shall keep a record of their proceedings in a book provided for that purpose, which book shall be open for inspection and shall record the name of each applicant, the time of granting a certificate of license, the names of the members of the Board present; ind where a certificate of license is denied by the Board to any applicant under authority of this Act, the fact and ground of such denial shall be entered on the minutes of the Board, and shall be communicated in writing to such applicant Sec. 10. Be it further enacted, That the Board is Fees. * hereby empowered to demand a fee of ten ($10.00) dollars for an examination, and to demand five ($5.00) dollars for the issuance of a certificate of license. Sec. 11. Be it further enacted, That any person thus Registration receiving a certificate of license from the Board of Veteri- of ucente. nary Medical Examiners shall forewith have it recorded in the office of the County Court Clerk in the county in which he makes his residence, and the date of such record- ing shall be indorsed thereon ; and said license, when so recorded, shall not be collaterally questioned in any legal proceeding. Until this license is recorded the holder shall not exercise any of the rights or privileges therein con- ferred; and in case said Jicense is not recorded within three months from the date of its issuance, it shall be- come invalid. The clerk shall be paid a fee of fifty (50) cents for recording said certificate. Any registered vet- erinarian removing his residence from one county in this State to another in order to practice veterinary medicine or surgery shall in like manner record the certificate of license in the county to which he removes, and the holder of the certificate shall pay to the County Court Clerk the usual fee for so doing. Practitioners who have regis- tered in the county in which they reside may go from one county to another on professional business without being required to re-register. — 174 — Sec. 12. Be it further enacted, That the County County cierk to Court Clerk of each county shall keep, in a book pro- -cepreoo . y-(je(j for ^^ p^pQg^ a complete list of the certificates of license recorded by him, together with the date of each and the date of recording. lie shall further record the name of the Veterinary College which conferred the diploma, on which the certificate is based, and the date when conferred; and the Clerk shall hereafter, beginning1 with the first Monday in January, 1906, and regularly at the expiration of every six months thereafter, report to th^ Secretary of the said Board of Veterinary Medical Exami- ners a list of such registrations in his office, together with a list of the deaths and removals from his county of veteri- narians who have thus registered, for which service the Clerk shall be paid out of the funds of the Board ten (10) cents for each name so reported. The register of the County Court Clerk shall be open for inspection during business hours. Sec. 13. Be it further enacted, That the members of compensation said Board shall receive as a compensation for their serv- of CoMd. i^g ten ($10) dollars per day while in the actual service of the Board, and also their actual hotel and traveling ex- penses by the most direct route to and from their respect- ive places of residence, which, together with the necessary • expenses of each meeting of the Board, shall be paid out of any moneys in the treasury of the Board upon the certifi- cate of the President and Secretary. Sec. 14. Be it further enacted, That said Board shall have the right and power to revoke any license when it is procured by fraud, or the holder thereof has been guilty of habitual drunkenness or dishonest conduct. Sec. 15. Be it further enacted, That any person who practices or attempts to practice veterinary medicine or veterinary surgery in this State and make a charge there- for without having first complied with the provisions of this Act shall, for each and every instance of such practice, be guilty of a misdemeanor, and on conviction thereof be fined in the sum of not less than twenty-five ($25.00) dol- lars, nor more than fifty ($50.00) dollars; and any person filing or attempting to file on his own license of another, or a forged affidavit of indentification, shall be guilty of a felony, and upon conviction thereof shall be subject to the punishment prescribed by law for the crime of forgery. All fines for offenses under this Act shall be paid oveT to — 175 — the Board of Veterinary Examiners, to constitute a part of the funds of said Board. Sec. 16. Be it further enacted^ That nothing in this Doeg not appiy Act shall be construed to interfere with or punish veteri- U>| whom- narians in the United States Army or in the United States Bureau of Animal Industry or State Live Stock Commis- sioner or his assistants or deputies or County Live Stock inspector, while so commissioned, or any lawfully qualified feterinarian residing in other States or counties meeting registered veterinarians of this State in consultation or my veterinarian residing on the border of a neighboring State and duly authorized, under the laws thereof, to prac- tice veterinary medicine or veterinary surgery therein whose practice extends into the limits of this State; Pro- vided, that such practitioner shall not open any office or appoint a place to meet patients within the limits of Ten- nessee. Nothing in this Act shall apply to persons gratu- itously treating animals in cases of emergency; Provided, they do not represent themselves to be veterinarians or use any title or degree appertaining to the practice thereof. "And nothing in this Act shall interfere with or prevent persons in rural districts, or small towns where the services of a registered veterinarian are not available, from treat- ing, operating upon or prescribing for domestic animals and charging for same." It is further provided that the operations known as "castrating," "spaying," and "dehorning," shall not be re- garded as practicing veterinary surgery, and nothing in this Act shall be construed to prohibit any one whomso- ever from castrating, spaying, or dehorning any wild or domestic animal. It is further provided that nothing in this Act shall prevent or interfere with students practicing under preceptors from the end of one college session to the beginning of the college session next following. Sec. 17. Be it further enacted, That it shall not be state not liable lawful for the Board of Veterinary Medical Examiners or Sti^?pen" any member thereof, in any manner whatever or for any purpose, to charge or obligate the State for the payment of any money, and said Board shall look alone to the revenue derived from the operation of this Act for the compensa- tion designed in Section 10 hereof; and if said revenue is not sufficient to pay each member in full, together with the necessary expenses of the Board, then the amount avail- able shall be prorated among the members. But if there should be a greater revenue derived than shall be required — 176 — to pay the compensation and expenses hereinbefore or hereinafter directed, any surplus remaining therefrom shall be paid to the Comptroller of the State, who shall re- ceipt the Board for the amount so received and shall ac- count for said money as for other State revenue. Sec. 18. Be it further enacted, That the Grand Jury G»nd juries of each county in this State is hereby given inquisitorial Jairitoruf power over all offenses against or violations of this Act, and powew. the Circuit and Criminal Judges shall give the same in their charges to the Grand Jury. And it shall be the duty of the Board of Veterinary Medical Examiners or any member thereof to report any violations of this Act to the proper authorities. Sec. 19. Be it further enacted, That it shall be a mis- demeanor and shall disqualify from office for the Board of Veterinary Medical Examiners to issue a certificate of license to any person only as prescribed or set forth in this Act; Provided, however, if the Board of Veterinary Medi- cal Examiners should be disqualified from office, the Gov- ernor shall appoint' a new Board of Veterinary Medical Examiners in full, as provided in this Act; Provided, the provisions of this bill shall apply only to counties of this State having a population of 40,000 and over by the Fed- eral Census of 1900 or any subsequent Federal Census. Sec. 20. Be it further enacted, That this Act take effect from and after its passage, the public welfare re- quiring it. Passed February 2, 1905. J. I. COX, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Note. — This bill became a law without the 'Governor's approval, being held by him for more than five days with- out action. See the Journal. EDWARD W. THOMAS, Chief Clerk Senate. — 177 CHAPTER 77. Senate Bill No. 139. AN ACT to amend an Act entitled "An Act to incorporate the town of CrosBville, in the County of Cumberland, and to prescribe the duties and powers, and provide for the election of officers, and prescribe their duties." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 16 of Chapter 362 of the Acts of the General Assembly of 1901, entitled "An Act to incorporate the town of Crossville, in the County of •Cumberland, and to prescribe the duties and powers, and provide for the election of officers and pre- scribe their duties," be, and the same is hereby, amended by inserting after the words "road taxes" in the eighth line of said section the following: The Board of Mayor and Aldermen shall have power to levy an ad valorem tax upon the average capital invested by persons doing business as merchants, but said tax shall not exceed that levied by the State for similar purposes ; and every person, firm, company, or corporation applying for license to do business as merchant shall, before receiving the same, ex- ecute a bond to the Board of Mayor and Aldermen, to be approved by the Recorder, in the sum of $500, conditioned that suet person, firm, company, or corporation will ren- der to the Recorder issuing the license, at the end of twelve months from the date of the bond (or if said merchant ceases to do business before the expiration of twelve months, then as soon as he ceases to do business), a true statement, under oath, showing the amount of capital invested in business to be assessed for taxation, and, at the expiration of the period covered by the bond, file with the Recorder a statement giving the aggregate amount of capital employed during such period, verified by oath that the statement correctly and fully shows the aggregate amount of capital of every kind and character employed during such period. Second — By striking out all that pertains to the manner of assessment in said section and inserting therefor the following: • 12 Boundaries. — 178 — It shall be the duty of the Eecorder, on or before the first day of March of each year, to assess in a well-bound book all polls, real, personal, and mixed property, with- in the corporate limits ; said assessment to be made by the Recorder in the manner prescribed by law for making county assessments. The Recorder shall receive such com- pensation as the Board of Mayor and Aldermen may pre- scribe for making assessments, which shall in no case ex- ceed that fixed by law for District and County Assessors. Sec. 2. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare requir- ing it. Passed March 15, 1905. J. I. COX, Speaker of the Senate. W. K ABER^ATHY, Speaker of the House of Representatives. Approved March 23, 1905. JAMES B. FRAZIER, Governor. CHAPTER 78. Senate Bill No. 113. • AN ACT to establish a School District In Gibson County, Ten- nessee, to be known as Central High School District No. 26. _ Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a school district, to be known and designated as Central High School District No. 26 of Gibson County, Tennessee, be established in Gibson County, Tennessee, with the following lines and boun- daries : Beginning at a stake on the south side of North Fork of Forked Deer River, running south to northeast corner of X. E. Alford's land; thence south with said land and James Taylor's to J. S. Norvell's land; thence east to boundary of said land; thence south with east line of J. S. Xorvdl, L. Turner, J. N. Norvcll, to Trenton and — 179 — Dyersburg Road ; thence east to east line of N. 0. Arnold ; thence south with said line ; thence west with south line of X. C. Arnold and W* E. Adams to Allen Ingram's west line; thence south with said line to Wallace's east line; thence south with said line to Allen O'Neil's north line; thence west to the corner of said land ; thence south with lines of said O'Xeil and Esquire Buchanan to Sam Grimes ; thence east to corner of said Grimes ; thence south with east line of Sam Grimes, William Blessings, J. W. Smith, across Dodson land to east line of B. F. Lemons ; thence south with said line to corner ; thence west to Eaton and Brazil Road ; thence north to Big Creek ; thence down 3aid creek to the Middle Fork of the Forked Deer Eiver ; thence down said Middle Fork of Forked Deer Eiver to the Xorth Fork of Forked Deer River; and thence up the North Fork of Forked Deer River to the beginning. Sic. 2. Be it further enacted, That J. C. Taylor, J. FirBt Boiird of W. Olive, B. F. Lemon are hereby appointed as School Dlrectow- Directors for the school district created by the first section of this Act, to serve until the next general election for School Directors, when three Directors shall be elected by the people of said special district, and successively there- after at every regular election for School Directors in Gibson County. Sec. 3. Be it further enacted, That the school district created by the first section of this Act shall have all the rights, privileges, and emoluments, and be governed by the same laws and rules that govern, control, and regulate other school districts in Gibson County, Tennessee. Sec. 4. Be it further enacted, That the Trustee ofTrnsteefco Gibson County be, and is hereby, directed and empowered portion ap" to apportion to the district created by the first section of this Act, in proportion to the scholastic population of said district, its pro rata of all school funds in his hands at the time of the passage of this Act, or that may here- after come into his hands, under the same rules and regu- lations as he does to the other school districts in Gibson County, Tennessee. Sec. 5. Be it further enacted, That said District Di- rectors an other (their) successors in office shall have the power, and they are hereby authorized, to make contracts of consolidation with Trustees, teachers, or other authori- ties of academies, seminaries, colleges, or private schools. by which the public schools may be taught in such institu- tions; Provided, that the branches of study designated in — 180 — the common school laws shall be taught free of any charge in such consolidated or high school; and Provided fur- • ther, that the authority of the County Superintendent, District Directors, and other school officers over those studying such public school branches, shall be as full aad ample as in the ordinary public school Sec. 6. Be it further enacted, That upon the passage census to be °* *k*8 Act the said District Directors shall take the cen- i&ken. sus of the scholastic population within said territory and report the same to the County Trustee, and upon this scholastic report apportion the school fund of the Sixth District between this district and the balance of the Sixth Civil District, according to the scholastic population of the territory covered by this district and the balance o±* the territory not so covered. Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are here- by, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed March 16, 1905. J. I. COX, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved March 23, 1905. JAMES B. FRAZIER, Governor. — 181 — CHAPTER 79. Senate Bill No. 168. AN ACT to amend an Act entitled "An Act to regulate the laying oat and working of public roads, and compile the Road Law, and to include all laws on this subject in one Act, passed March 23, 1891, and being Chapter 1 of the published Acts of 1891, so as to make various changes In said Act applicable to counties of over one hundred and fifty thousand Inhabi- tants, according to the Federal Census of 1900, or any subse- quent Federal Census." Section 1. Be it enacted by the General Assembly of This Act an- te State of Tennessee, That Section 8 of an Act passed Eyl county61" March 23, 1891, and being Chapter 1 of the published Acts of 1891, entitled "An Act to regulate the laying out and working of public roads and compile the Road Law and to include all laws on this subject in one Act," be, and hereby is, amended by adding to said Section 8 the follow- ing: "And give bond in the sum of $500, to be approved ty the Quarterly Court, conditioned to pay over all moneys and property that may come into his hands and properly perform his duties." Sec. 2. Be it further enacted, That Section 10 of said commissioners Act be amended by enacting in lieu of said Section 10 the J^J^ following: "That each Commissioner shall keep in a book provided for that purpose a correct record of all his official transactions, and shall make a quarterly report to the County Court, full and complete, of the condition of the roads in his district, and shall state in his last quarterly report of each year how many delinquent road hands in his district who have failed to work or commute for the fall amount of time assessed to them by the County Court for each year, and in each report shall state the amount collected and from whom collected, and shall attach the re- ceipt of the County Trustee for the amount paid him as a voucher for such collections. " Sec. 3. Be it further enacted, That Section 12 of said Appointment Act be, and hereby is, so amended as to read as follows: of overseers. "The Commissioner may appoint one or more overseers when in his judgment he thinks it necessary, who shall perform any duties designated by the Commissioner; and to Commis- sioners. — 182 — if road overseers are not appointed, the duties of overseers, as provided in this Act, shall devolve on and be performed by the Commissioner, and the Commissioner shall in any event be responsible for the roads' road money and road property of his district." Sec. 4. Be it further enacted, That Section 20 of said Disobedience Act be amended so as to read as follows : "That any sucli person or persons willfully disobeying the Commissioner or overseer's summons, or so failing or refusing to com- mute as above, shall be guilty of a misdemeanor and liable to fine and punishment as in other misdemeanors. Any money collected by execution or fine imposed and collected under this Act shall be paid by the officer or person col- lecting the same to. the County Trustee. Said amount to be placed to the credit of the district in which same was collected. Sec. 5. Be it further enacted, That Section 31 of said Act be so amended as to add to the end thereof the fol- lowing: "Provided, that in any district where it is not neces- sary to appoint overseers, the Commissioner shall receive $2 for each day's official service of nine hours; and Pro- vided further, that where the road fund from all sources in any district does not exceed $150 in any year, the Coun- ty Court may allow said district's road fund $50, to be paid out of the County Treasury; Provided further, that no Commissioner shall receive pay for more than one hun- dred days in any one year." Sec. G. Be it further enacted, That Section 40 of said Act be amended so as to provide in that part of said section that authorizes the use of wagons, teams, and plows on the roads of the county so as to read as follows: When by permission of the Commissioner wagons and team are furnished to work out labor tax and day's work with a two-horse plow and team for same or two horse-wagon and team, shall exempt one hand from three days' work. One horse and plow shall exempt one hand from two days' work. When teams and wagons, etc., are furnished that are not described by the above clause, their value in com- muting for tax and labor shall be fixed by the Commis- sioner. Sec 7. Be it further enacted, That this Act shall ap- ply only to counties having 150,000 inhabitants by the Federal Census of 1900 or any subsequent Federal Cen- sus. Shelby County. 183 Sec. 8. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare re- quiring it. Passed March 23, 1905. J. I. COX, ' Speaker of the Senate. W. K ABEflNATIIY, Speaker of the House of Representatives. Approved March 27, 1905. JAMES B. FRAZIER, Governor. CHAPTER 80. Senate Bill No. 117. AN ACT to be entitled "An Act to amend the Acts entitled 'An Act for the benefit of the indigent and disabled soldiers of the war between the States, and to fix the fees of attorneys or agents for procuring such pensions, and fixing a penalty for the violation of the same/ being Chapter 64, Acts of 1891, and Chapter 244, Acts of 1903." Section 1. Be it enacted by the General Assembly of (he State of Tennessee, That $500,000 ($250,000 annual- ly), or so much thereof as may he necessary, be, and the same is hereby, appropriated for the payment of pensions and expenses as provided in Chapter 64, Acts of 1891, and Chapter 244 of the Acts of 1903. Sec. 2. Be it further enacted, That false swearing in pension application, either by the applicant or the witness, shall be deemed a felony, and upon conviction of the party or parties so false swearing, he or they shall be confined in the State Penitentiary for not less than one year, nor more than three years. Sec. 3. Be it further enacted, That the Board of Pen- sion Examiners shall not hold more than four meetings in any one year, and shall not be allowed compensation and expenses for more than ten days at any one meeting of the Board. — 184 — Seo. 4. Be it further enacted, That the Special Pen- sion Examiner may be employed not to exceed two hun- dred and fifty days, if thought necessary by the Board of Pension Examiners ; and that said Special Examiner shall receive as compensation for his services four dollars per day, with actual expenses for the number of days actually engaged in the perfprmance of such duties. Sec. 5. Be it further enacted, That the Secretary of the Board of Pension Examiners shall be paid twelve hun- dred dollars per year for his services as Secretary of said Board. Sec. 6. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare requir- ing it. Passed March 22, 1905. J. I. COX, Speaker of the Seriate. W. K ABERNATHY, Speaker of the House of Representatives. Approved March 27, 1905. JAMES B. FRAZIER, Governor. CHAPTER 81. Senate Bill No. 65. AN ACT to amend Section 9 of Chapter 39 of the Acts of 1893, being "An Act to establish a State Board of Pharmacy, and to regulate the practice of pharmacy, the sale of poisons, and to prohibit the adulteration of drugs in the State of Tennessee," as amended by Chapter 80 of the Acts of 1897. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 9 of Chapter 39 of the Acts of 1893, as amended by Section 80 of the Acts of 1897, be amended by striking out the last two lines of said Section 9 and inserting in lieu therefor the following : "The Grand Jury shall have inquisitorial power to in- vestigate violations of this Act, and the Circuit and Crim- inal Judges shall give said law in charge to the Grand Juries in their respective districts." • — 185 — Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 23, 1905. J. I. COX, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved March 27, 1905. JAMES B. FRAZIER, Governor. CHAPTER 82. Senate Bill No. 72. A BILL to be entitled "An Act to prohibit gambling on races." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be unlawful for any person to record or register, by mechanical or other means, bets or wagers, or sell auction pools, or French mutual pools, or engage in any bookmaking, by or through any device, book, instrument, or contrivance, upon the result of any trial or contest of skill, speed or power of endur- ance of man or beast, which is to take place within or be- yond the limits of this State. Sec. 2. Be it further enacted^ That any person who ahall bet, or wager, by or through the sale or purchase of auction pools, French mutual pools, or in any book, or by or through any device, instrument, or contrivance, and any person who shall sell auction pools, French mutual pools, or engage in any bookmaking by any known con- trivance, shall be guilty of gaming. 8ec. 3. Be it further enacted, That any person found guilty under this Act shall, upon conviction, be punished by fine of not less than $25 and imprisonment at the dis- cretion of the Court not exceeding six months. Sec. 4. Be it further enacted, That it shall be the duty of the Judges of the Circuit and Criminal Courts in this State to give the provisions of this Act in instructing Grand Juries in the several counties of the State as a part of the charge. ♦ — 186 — Sec. 5. Be it further enacted, That Section 4881 oi the Code of Tennessee, and an Act to amend Section 488 1 approved 2Gth of March* 1891, be, an collect all special taxes levied by the Council, and shall keep a proper ledger account of the same. He shall make out the town tax book and turn the same over to the Mar- shal for collection, taking his receipt therefor under the State laws regulating the collection of State and county taxes. He shall act as Treasurer, receive from the Mar- shal, receipt, take care of, and keep proper account of what- ever funds of any nature that may come into his hands belonging to the corporation. For such purpose he shall keep such books as the Council may direct, and shall make such reports and settlements and perform such other duties as may be imposed on him by proper ordinance of the Council The Marshal shall acquaint himself thoroughly with the laws and ordinances of the town, and it shall — 190 — be his duty to rigidly enforce the same, for which police authority is hereby given him, which he may exercise with- out warrant in hand within and one mile beyond the limits of said corporation ; and the same authority is hereby ex- tended to special policemen and watchmen, should the cor- poration see fit to appoint or employ such. The Marshal shall collect all taxes levied by the Council, except' priv- ileges and special taxes, unless relieved of the same hy ordinance of Council. lie shall have power to execute State warrants and other processes which constables have within the town limits. Sec. 6. Be it futher enacted, That when any tax or duty shall be levied by said corporation upon any real estate within said town, and the owner or occupiers thereof shall not pay the same, and having no personal property within the corporation limits on which to distrain for said taxes, the Recorder, by and with the consent of the Council, shall take such steps for the collection of said taxes as are provided by the State laws for the collection of taxes. Sec. 7. Be it further enacted, That if the Recorder Liability of or ^arshal or any other officer or agent of the corporation Marshal and shall fail to collect, or after collection fail or refuse to Recorder. ' • i i i . i ~ i pay over any money received by them, or either of them, for the use of said town, said Recorder, Marshal, officer, or agent shall be liable to be proceeded against by motion or suit at common law in the Circuit Court of Meigs County, or any other Court having jurisdiction of the per- son of such officer or agent, and it shall be the duty of such Court to render up judgment against them and their sureties for the money so received, or that ought to have been collected in the name of the Mayor and Aldermen aforesaid. Sec. 8. Be it further enacted, That the fees and com- pensation of all officers herein mentioned shall be pre- scribed by the Council, and that the Board of Mayor and Aldermen are forbidden from making any appropriation of any money or taxes to be assessed and collected in any other manner than for strictly corporate or school pur- poses. Sec. 9. Be it further enacted* That the corporation, in addition to the streets and alleys, shall take charge of and work out and keep in repair all public roads within the corporate limits, and the County Court Clerk and Trustee of Meigs County shall pay over to the Recorder Compensation. — 191 — (»f said corporation all road taxes by them collected on property or privileges within the limits of the corporation, taking his receipt therefor. Sec. 10. Be it further enacted, That the Board of powers of Mayor and Aldermen, or Town Council, shall have power mJ^VwI within the town by ordinance : Aldermen. First — To assess property for taxes, and to levy and col- lect, by proper officers, taxes upon all real and personal property, polls, and privileges taxable by the laws of the State, and all persons subject to labor on the public roads, under the laws of the State, are subject to road labor with- in the corporation, and the time may be fixed by ordinance not more nor less than that fixed by the laws of the State, labor commuted, and work enforced under the same laws and penalties as the State enforces the same, and the work may be done under overseer appointed by the Board or under contract. Second — To appropriate money and provide for the expenses of the town. Third — To open, alter, abolish, widen, extend, establish, streets. grade, pave, or otherwise improve, clean, and keep in repair streets, highways, alleys, and sidewalks and sewers, or to have the same done ; also to erect, establish, and keep in repair bridges. Fourth — To license, tax, or regulate everything or per- son by the State or county licensed, taxed, or regulated. Fifth — To provide for the erection or renting (of) all buildings for the use of the town. Sixth — To regulate or prohibit and suppress all disor- derly or bawdy houses. Seventh — To regulate the police of the town ; to impose police. fines, forfeitures, and penalties for the breach of any ordi- nances, and to provide for the recovery and appropriation of the same, and to appoint an officer of the town as here- inbefore provided, before whom such recovery may be had — not, howrever, to the exclusion of any other competent Court. Eighth — To provide for the arrest and confinement un- til trial of all disorderly or riotous persons by day or night; to authorize the arrest and detention of all sus- picious persons found violating any ordinance of the town. Ninth — To prevent or punish by pecuniary penalty or Brenohe8 of otherwise all breaches of the peace, noise, or disturbance, the p^"^- loud cursing, swearing, or use of obscene language, dis- — 192 — orderly assembly in any alley or street, house, or any place in the town, by day or night Tenth — To provide for the removal of all obstructions from the sidewalks and to prevent riding or leading stock menu.pPOTe" on the same; to provide for the construction, repair, and cleaning of sidewalks; to require owners of property to erect sidewalks and sewers in accordance with such ordi- nance as the Council may provide, at the expense of the owners of the ground fronting same, and provide suitable ordinance for enforcing same; to provide for setting out shade trees and the protection of the same on any street, alley, or public ground within the corporation, and to pre- vent the hitching of stock to any shade tree or fence within the limits of the corporation. Eleventh — To establish a system of schools, to be run by u gtem 8Pec*al taxes imposed by the corporation, or in combina- oo ays m. ^.^ ^.^ gtate an(j county school funds, to be free or partly free or all pay, as the public welfare and the finances of the corporation may require ; said schools may be of a primary, secondary, or collegiate grade, or all three in combination, and the Council may appoint com- missioners to control the same, said Commissioners to be appointed from the different political parties and different religious denominations as they are represented in the town, to avoid political or sectarian influences as much as possible. Twelfth — To enter into an agreement with Meigs Coun- ty relative to committing prisoners to the county jail or workhouse. Thirteenth — To commit any person or persons who may commitment ^ a^ t° Pay 0r secure any fine or costs imposed on them by of violators, ordinance thereof, or by the Recorder, or competent Court, for breach of any ordinance, to said jail or workhouse, until said fine and costs are paid or secured; and said persons may be worked within or without the corporation, secured by ball and chain or shackles, and may be worked in the county workhouse or by private individuals, and shall be required to do such labor as his or her strength and health will permit, not exceeding ten hours per day, until the fine and costs are paid, and shall be allowed a credit thereon at the same rate the State allows ; Provided, that no prisoner shall be kept in the workhouse for a longer period than three months. Fourteenth — No member of the Town Council shall be- come a bondsman for any agent, officer, or servant of the . —193 — town ; nor be directly or indirectly interested in any con- tract with the corporation. Fifteenth — To define nuisances and prohibit the same, Nukanoes. to make sanitary regulations and enforce the same, to re- move or prohibit anything detrimental to the health of the town, to establish quarantine regulations, to prevent the introduction and spread of contagious diseases, and shall have all the powers within the incorporation that are given by law to the County Board of Health. Sixteenth — To tax, regulate, or restrain theatrical or^-j^p^. other public amusements, shows, and exhibitions within J~JJJJa8e' the town ; to prohibit horse swapping ; to remove stock lots from the public square; to prohibit gambling; to pass til ordinances and by-laws not contrary to the constitu- tional laws of the State that may be necessary to carry out the full intent and meaning of their corporation. Sec. 10a. Be it further enacted, That in criminal pro- ceedings, or proceedings before the Recorder for breach of the ordinances of the town of a criminal nature, the town shall not be liable for defendant's costs, and shall only be liable for such costs as the county would be liable , for in a suit of a similar nature, and that the corporation may employ competent legal counsel when deemed neces- sary, or, if deemed necessary, may create the office of City Attorney and fix the compensation thereof, whose duty it shall be to look after the legal interests of the corporation. Sec. 11. Be it further enacted, That the corporation Franchises. 3hall have power to grant franchises over its streets for public utilities, telephone, telegraph, or for lighting the town, or the railroad tracks, under such conditions as may appear equitable to the corporation. Sec. 12. Be it further enacted. That if, for any rea- son, the election of officers authorized by this bill should not be held at the time designated herein, the same will not annul the charter, but said election may be held at any time thereafter, the proper notice being given. Sec. 13. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare re- quiring it Passed March 14, 1905. W. K ABERKATHY, Speaker of the House of Representatives. J. I. COX, Approved March 22, 1905. Speaker of the Senate. JAMES B. FRAZIER, 13 Governor. 194 •CHAPTER 84, House Bill No. 311. AN ACT to fix the compensation of the financial officer or agent of Union County, Tennessee, and to amend Chapter 291 of the Acts of 1901, entitled "An Act to create and regulate tbe office of County Judge for Union County." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 5 of Chapter 201 of the Acts of 1901 be amended so as to read as follows : That the compensation of said County Judge shall he $150 per annum, and the compensation which shall be paid him for services as financial agent of the county shall be $150 per annum. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 17, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 22, 1005. JAMES B. FRAZIER, Governor. 195 CHAPTEK 85. House Buj. No. 320. AN ACT to authorise the Board of Mayor and Aldermen of the town of Johnson City to issue interest-bearing bonds to fund its floating and judgment indebtedness, and to provide a sink- ing fund for the payment of such bonds. Sectiox 1. Be it enacted by the General Assembly of the State of Tennessee, That the municipality, the town, of Johnson City, in Washington County, Tennessee, through its Board of Mayor and Aldermen, is hereby authorized to issue the negotiable bonds of said town, in its corporate name, signed by the Mayor and counter- signed by the Recorder, with interest coupons attached, to an amount not exceeding ten thousand ($10,000) dol- lars, which shall be used, or the proceeds of which shall be used, for no other purpose than to pay off the present judgment and floating indebtedness of said town. Sec. 2. Be it further enacted, That the bonds herein Denomination, authorized may be executed of any denomination from $100 to $500, and shall mature at any time from one to ten years, as may be fixed by ordinance of the Board of Mayor and Aldermen of said town, and shall bear interest at six* per cent, or at any less rate which may be fixed by said Board of Mayor and Aldermen by ordi- nance and at which they can be negotiated at par value. Said bonds shall be paid in lawful money of the United States. Sec. 3. Be it further enacted, That the Mayor and sinking fund. Aldermen of the said town of Johnson City shall levy and collect an annual tax, in the aggregate not less than one-tenth of the amount of bonds issued hereunder, which shall be set apart from all other funds and used for no other purpose than paying off the bonded indebted- ness created under this Act; Provided, said sinking fund may be paid out at any time in liquidation of any bond or bonds issued under this Act, whether the same be due or not — 196 — Sec. 4. Be it further enacted, That the Mayor an PnndinR Aldermen of said town shall elect two of their numbe BoMd' who, with the Mayor of said town, shall constitute Funding Board, whose duties it shall be to take cliarg of the sinking fund herein provided for, and which Boar shall perform their duties according as said Mayor an Aldermen shall direct, provided each member of sai Board shall first take an oath before the Recorder t faithfully discharge their duties as such, and shall joint ly give bond, payable to the Mayor and Aldermen of sai< town, in double the amount which shall come into thei hands ; and Provided further, that said Board shall serv< without compensation. Sec. 5. Be it further enacted, That the Sinking Fun< Report*. Board shall make written reports, under oath, of theii actions, not less than once every six months to the !Af ayoi and Aldermen of said town, which shall be subject to rati- fication or rejection by said Mayor and Aldermen. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Passed March 22, 1905. W. K ABERtf ATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 25, 1905. JAMES B. FRAZIER, Oovernoi. — 197 — CHAPTER S6 House Bill No, AN ACT to change the line between the counties of Trousdale and Smith. Section 1. Be it enacted by the Gteneral Assembly of the State of Tennessee, That the line between the counties of Trousdale and Smith be so changed as to detach the lands of G. W. Evitts from the Fourth Civil District of Smith County and attach the same to the Second Civil District of Trousdale County. Sec. 2. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare re- quiring it Passed March 23, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of •the Senate. Approved March 25, 1905. JAMES B. FRAZIER, Governor. — 198 — CHAPTER 87 House Bill No, A BILL to be entitled "An Act to authorize the Board of Edu- cation of the town of Huntingdon to sell the old Academy School property." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Board of Education of the town of Huntingdon, Tennessee, are hereby author- ized and empowered to sell the old Academy School prop- erty in the town of Huntingdon, and to use the money derived from said sale for educational purposes. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed March 22, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 25, 1905. JAMES B. FRAZIER, Governor. — 199 CHAPTER 88. House Bill No. 234. AN ACT to change the line between the counties of Smith and DeKalb. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between the counties of Smith and DeKalb be so changed as to detach the lands of J. B. Williams from the Seventeenth Civil Dis- trict of DeKalb County and attach the same to the Sev- enth Civil District of Smith County. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 22, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 27, 1905. JAM^S B. FRAZIER, Governor. — 200 — CHAPTER 89. House Bill No. 156. A BILL to be entitled "An Act to amend Section 3162 of the Code of Tennessee 'In respect to bonds to be executed on appeals in the nature of a writ of error/ so as to provide for bonds on appeal from judgments in actions on account." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 3162 of the Code of Tennessee be amended to read as follows: "In actions founded on bonds for the payment of money, bills single, bills of exchange, promissory notes, accounts, written ob- ligations for the payment of bank notes, or promissory notes, bonds or written obligations for the delivery of the specific articles, or on indorsements of negotiable instru- ments, if the appellant take an appeal, or an appeal in the nature of a writ of error, from an inferior to a superior jurisdiction, the bond shall be taken and the sureties bound for the payment of the whole debt, dam- ages and costs, and for the satisfaction of the judgment of the superior court where such cause may be finally tried and determined; Provided, that nothing contained in this Act shall be construed as depriving appellants of the right of appeal in fonna pauperis.9' Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 22, 1905. W. K. ABERNATHT, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 27, 1905. JAMES B. FRAZIER, Governor. — 201 CHAPTER 90. House Bill No. 271. A BILL to be entitled "An Act to amend an Act incorporating the town of Humboldt, in Gibson County, Tennessee," said Act being passed March 12, 1903, and being Chapter 158 of the Acts of Tennessee of that year. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 158 of the Acts of Tennessee of 1903 be, and the same is hereby, amended by striking out the figures $50.00 in the seventh line of the seventh section and inserting the figures $60.00 in- stead thereof, and by striking out the figures $30.00 in the fourteenth line of said seventh section and inserting the figures $50.00 instead thereof. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed March 22, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 27, 1905. JAMES B. FRAZIER, Governor. — 202 — CHAPTER 91. IIouse Bill No. 261/ AN ACT to change the line between Moore and Lincoln Counties so as to include the lands of J. L. Foster in Moore County. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between Moore and Lincoln Counties be, and the same is hereby, so changed as to include all the lands of J. L. Foster in Moore County. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 22, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 27, 1905. JAMES B. FRAZIER, Governor. — 203- CHAPTEK 92. House Bill No. 334. A BELL to be entitled "An Act to repeal Section 15 of Chapter 404 of the Acts of 1901, entitled 'An Act to create and regu- late the office of County Judge for Dickson County, Tennes- see, to fix his salary, and to define his duties and jurisdic- tion/ passed March 14, 1901, approved March 16, 1901." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 15 of Chapter 404 of the Acts of 1901 be, and the same is hereby, repealed. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 22, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 27, 1905. JAMES B. ERAZIER, Governor. 204- CHAPTER 93. House Biix No. 317. A BILL to be entitled "An Act to create and establish School District No. 17 in the county of Dickson, and define bound- aries thereof." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a school district be estab- lished in the County of Dickson, bounded as follows: All that portion of the Thirteenth School District lying north of a line beginning at the point where the Fifth School District crosses the Nashville, Chattanooga & St. Louis Railroad, and running westwardly with said railroad to the southwest corner of the W. H. Trummen's tract of land, including the W. H. Trumming's tract of land, and of the north boundary line of the Sixteenth School Dis- trict. Said district shall be known as the Seventeenth School District of Dickson County, Tennessee. Sec. 2. Be it further enacted, That J. B. Burgie, B. F. Hurt, and Sam Lamastus be, and are hereby, consti- tuted School Directors of said School District No. 17, until the first regular election for electing School Directors or Commissioners under the general law governing such school districts. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 22, 1905. W. K. ABERNATHT, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 27, 1905. JAMES B. FRAZIER, Governor. — 205 — CHAPTER 94. House Bill No. 410. AN ACT entitled "An Act to create and establish an Independent school district, No. 32, in Wilson County, and define the 1 boundaries thereof, and appoint a Board of Directors." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an independent school dis- ! triet, to be known as No. -32, be, and the same is hereby, created and established in Wilson County, Tennessee, and that the boundaries thereof shall be as follows: School District No. 32, Wilson County, taken from the Eleventh and Nineteenth Civil Districts, beginning with Thomas H. Stark, on the Lebanon and Sparta pike, foDowing Jiis west boundary line to Widow Robinson; then following her west and north line to Robert Hankins ; then to Samuel lobes; then B. H. Hankins; then to Widow Andrews; then to Mikles; then to Justus Wood; then to W. C. Green; then to William Grimmett; then to William Bass ; then to J. W. Bryan ; then to R. M. Williams; then to Ben Morier; then to S. D. Williams; then to W. E. Bass; then to E. Bass; then to J. P. Don- nefl; then to Widow Williams; then to R. M. Williams; then to S. C. Donnell; then to Walter Bryan; then to E. L. Leeman ; then to John Bryan ; then to J. A. Don- nell; then to Nelson Bryan ; then to Toll House tract; then with Lebanon and Sparta pike to the beginning. All of the above farms are included in this district Sec. 2. Be it further enacted, That D. S. Crips, J. M. Barbee, and N. Bryan are hereby appointed, and shall constitute, the first Board of Directors for this district, and shall exercise all the powers thereof until their suc- cessors are elected or appointed according to law. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed, so far as necessary to make this Act operative and effective. — 206 — Sec. 4. Be it further enacted, That this Act take effe< from and after its passage, the public welfare requiring i Passed March 23, 1905. W. K ABERKATHY, Speaker of the House of Representative, J. I. COX, Speaker of the Senati Approved March 27, 1905. JAMES B. FRAZIER, Governor CHAPTER 95. House Bill No. 391. AN ACT to change the line between the counties of DeKalt and Smith. Section 1. Be it enacted by the General Assembly oj the State of Tennessee, That the line between the counties of DeKalb and Smith be so clanged as to detach the lane of Daniel Driver from Smith County and attach the sann to DeKalb County. Sec. 2. Be it further enacted, That this Act take effecl from and after its passage, the public welfare requiring it Passed March 23, 1905. W. K ABERNATHY, Speaker of the House of Representatives, J. I. COX, Speaker of the Senate. Approved March 27, 1905. JAMES B. FRAZIER, Governor. 207 — CHAPTER 96. House Bill Eo. 133. A BILL to be entitled "An Act to remove the disabilities of Mr. G. C. Sherrod, of Crockett County, Tennessee, so as to permit him to practice law, he being under age." Whebeas, Mr. Grover Cleveland Sherrod, of Crockett Comity, Tennessee, has completed, with a high degree of proficiency, the law course of Cumberland University, at Lebanon, Tennessee, as shown by the attached certificate signed by the faculty ; and, Whereas, He has also stood satisfactory examination by the State Board of Law Examiners, as shown by the records of said Board, and he being a young man of high moral character and splendid personal attainments, but will not be twenty-one years of age until July 29, 1905 ; therefore, Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the disabilities of Mr. G. C. Sherrod, of Crockett County, Tennessee, be, and the same tre hereby, removed ; and he be permitted to practice law Wore the courts of this State; and the State Board of Law Examiners are hereby permitted to issue to the said Sherrod their license so permitting him to be qualified as in attorney at law and solicitor in chancery. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 23, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 27, 1905. JAMES B. FRAZIER, Governor. — 208 — CHAPTER 97. House Bill No. 386. AN ACT to prevent the running at large of certain stock !i! counties having a population of not less than twenty-twc thousand seven hundred and thirty-eight, and not more than twenty-two thousand seven hundred and fifty, according tc the Federal Census of 1900, or any subsequent Federal Gen- bus, and to provide a remedy for its violation. Section 1. Be it enacted by the General Assembly of ThUActsp- Me State of Tennessee, That it shall be a misdemeanor goun% ^^ for the owner or owners of any sheep, goat, swine, or geese to permit the same to run at large or to run loose upon any public street, road, highways, or upon any un fenced ground in any county in this State having a population of not less than twenty-two thousand seven hundred and thirty-eight, nor more than twenty-two thousand seven hundred and fifty, according to the Federal Census of 1900, or any subsequent Federal Census; and any person violating the provisions of this section shall, upon con- viction, be fined not less than five nor more than fifty dollars for each offense. Sec. 2. Be it further enacted. That the grand juries of all counties in this State having a population desig- nated in the first section of this Act be, and they are hereby, given inquisitorial power over offenses committed against the provisions of this Act, and the Circuit Judges of this State are hereby required to give this Act in charge to all grand juries in all counties of the population pro- vided in the first section of this Act. Sec 3. Be it further enacted, That this Act take effect on and after the first day of April, 1905, the public wel- fare requiring it. Passed March 23, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 27, 1905. JAMES B. FRAZIER, Qovemor. — 209 — CHAPTER 98. House Bill No. 385. AN ACT entitled "An Act to establish and define a lawful fence for counties having a population of not less than twenty-two thousand seven hundred and thirty-eight, nor more than twenty-two thousand seven hundred and fifty, according to the Federal Census of 1900, or any subsequent Federal Census." Section 1. Be it enacted by the General Assembly o/ Thi»»cuppiiei the State of Tennessee, That four barbed wires, securely Q*£t™ fastened to posts and stays, as below described, should be one of the lawful fences in counties having a population of not less than twenty-two thousand seven hundred and thirty-eight, nor more than twenty-two thousand seven hundred and fifty, according to the Federal Census of 1900, or according to any subsequent Federal Census; Provided, the same be built on good-sized, substantial posts, set firmly in the ground, nor more than twenty-four feet apart, with good, sound stays or braces, not less than two inches thick and not to be more than eight feet apart, aavd stays or braces to reach from the ground to the top of the fourth wire; Provided further, that the bottom wire shall be about twelve inches from the ground where posts are set and stays are stationed, the second wire about twelve inches above the first, the third wire about twelve inches above the second, and the fourth wire about twelve inches above the third; provided said wires shall be securely fastened to posts and stays as above described. Sec. 2. Be it further enacted, That in counties hav- ing a population as described in Section 1 of this Act, a four-plank or rail fence shall also be and constitute a lawful fence, said rail or plank not to be less than four inches wide; Provided, the rails or planks are attached to poets firmly set in the ground, and said posts to be not more than eight feet apart, and said rails or planks to be fastened to said posts the same distance from the ground, and such other as the wires designated to be fastened in Section 1 of this Act. 14 — 210 — Sec. 3. Be it further enacted, That said wires, rails, or planks may be fastened to growing timber where such timber is so located as to take the place of posts providccL for in Section 1, or where they are located within one foot- of the place provided for a post in Section 1, and where such timbers are of sufficient size to make a support for* said wires or planks or rails equal to the support furnished by the posts provided for in Section 1 of this Act. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same arc* hereby, repealed; and that this Act take effect from and after the first day of April, 1905, the public welfare re- quiring it. Passed March 23, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Approved March 27, 1905. Speaker of the Senate. JAMES B. FRAZIER, Governor. CHAPTER 99. Senate Bill No. 116. Be it enacted by the General Assembly of the State of Tennessee : Section 1. That for the purpose of constructing and operating a turnpike road from Mountain City, in the Tbiiiofth*gl county of Johnson, to the North Carolina State line near captiSi.no Trade, Tennessee, the formation of a corporation, with a capital stock not exceeding twenty thousand dollars ($20,000), to be styled "The Mountain City and Roan's Creek Turnpike Company," is hereby authorized. Sec. 2. That it shall be lawful to open books of sub- scription to the capital stock of said corporation in the town of Mountain City under the direction of any of the following named persons — to wit: I. S. Rambo, Edward E. Butler, T. H. Taylor, L, D. Lowe, and T. S. Coffey. — 211 — Sec. 3. That the capital stock of said association shall capital stock, be divided into shares of fifty dollars each, and whenever twenty of such shares shall he subscrihed for on the books authorized to be opened for that purpose, the subscribers for the same and their future associates and successors are hereby declared to be a body politic and corporate by the name and style of "The Mountain City and Roan's Creek Turnpike Company," with all the rights, powers, and privileges as herein set forth. Sec. 4. So soon as twenty shares of the capital stock organization, of said coroporation shall be subscribed for it shall be lawful for any three of the persons hereinbefore men- tioned to call a general meeting of such subscribers, by writing, at least ten days prior to such meeting, and such subscribers at said meeting shall elect one of their num- ber President of said corporation. • They may adopt all such by-laws as may be considered necessary for the elec- tion of Treasurer, Secretary, and Superintendent, and for the good management of said corporation; and all matters not provided for by such by-laws shall be regulated and done as the Board of Directors shall from time to time order and direct. Sec. 5. That the Board of Directors may require pay- ments of subscription to the capital stock of said corpora- Xpftautook. tion to be made in such installments as they may deem proper; and in case any subscriber shall fail to pay the amount of his subscription after thirty days' notice, given in writing, the Directors may sell said share or shares of stock, so subscribed for by him, by public auction, or so many of them as may be necessary to pay the amount of his subscription then remaining unpaid ; and if a balance shall remain unpaid, after applying the proceeds of the sale as aforesaid, the same may be recovered by the cor- poration from such delinquent subscriber before any court having jurisdiction of the amount so remaining unpaid. Sec. 6. That whenever any lands, stone, or other ma- terial may be required for said turnpike, either for a road- ian(Ps%tone, way or for toll houses, or other appurtenances thereto, and sSied.™ as" an agreement cannot be made with the owner or owners of such lands, the company or owner may, in writing, apply to the Clerk of the Circuit Court of Johnson County to cause the damages of such owner, if any, to be assessed by three disinterested freeholders, competent to act as jurors, to appraise the same, one to be chosen by the owner, one by the corporation, and one by the Clerk of said court ; if (This Motion _212 — either party or both shall fail to appoint, after ten days' notice of the application to the Clerk, then the Clerk shall appoint instead. The appraisers so appointed, being duly sworn by some person authorized to administer oaths to act impartially, lay off a right of way forty feet in width or less, as the company may elect, and also, if re- quired by the company, shall lay off a suitable site or sites for a toll house or houses not exceeding two acres of land at each toll house, and assess the damages, if any, to the owners of the land, taking into consideration any benefit or advantages to accrue to each owner from the making of such road, and return their report in writing within ten days to said Clerk ; and such award of said appraisers, or any two of them, when returned shall become a judg- ment of the Circuit Court of said county, on Sec. 6. Which execution may issue, as on other judg"- MMtmmwwm ments of said court, if the amount is not paid by said V^iasMt company within thirty days after notice of such return, cm^norg- j£ either party is dissatisfied with the. amount allowed by the said appraisers, the issues shall be tried by a jury on appeal to the Circuit Court. So soon, however, as an award is returned by a majority of such appraisers as aforesaid, whether there is an appeal or not, the company may enter upon the lands thus appraised and use the same for constructing a said turnpike road, or for erecting toll houses, or use stone or other materials, as the case may be. The said company may purchase land for the purpose of procuring stone, gravel, dirt, wood, timber, or other material necessary for the construction or re- pairing said road. It shall also be lawful for said com- pany, its officers or agents, to enter upon the lands of the owners along said turnpike for the purpose of making ditches and culverts for the better drainage of said road, or for procuring stone, gravel, dirt, wood, timber, or other material necessary for the construction or repairing said road, or for cutting and removing timber or shade from the same, doing as little damage as may be to the owners, and to pay just compensation for the material used or damage done in the construction of ditches and culverts. Sec. 7. That said company shall be authorized to Toiu. demand, recover, and receive from all persons using the road of said company as compensation no greater than the following fare or toll: For two-horse or two-ox team, twenty-five cents (25 cents )each way, and for each addi- tional animal five cents (5 cents) ; two-horse buggy or — 213 — lack, twenty-five cents (25 cents) each way; one-horse boggy or wagon, fifteen cents (15 cents) each way; horse tnd rider, ten cents (10 cents) each way; loose horses, fire cents (5 cents) each; cattle, three cents (3 cents) each; sheep, one cent (1 cent) each; Provided, that no toil shall be demanded from persons passing from one to mother part of his farm, or from persons attending funerals or religious worship, or in going to or returning from Sec. 7. precincts at elections, the persons being au- (0righial bllI thorized to vote, or from persons going to or returning JJU^JJ^' from grist mills on horseback with grain for family use or from any persons traveling on foot. Any person who shall shun a gate for the purpose of evading toll, or who shall rise any part of said road without paying the fare or toll due and payable for such use, and demanded by any officer or agent of said company at the established toll gate, shall forfeit the sum of five dollars to the use of said company, to be recovered before any Justice of the Peace; and upon failure to pay said forfeiture, the person so offending shall be guilty of a misdemeanor and im- prisoned by said Justice not less than five days, nor more than ten days. Sec- 8. That said company is hereby authorized toTollgatenear erect a toll gate across said turnpike at some convenient citynUln place, as the Board of Directors may select after the road from the coroporate limits of Mountain City leading up Roan's Creek to the North Carolina State line shall have been put in good condition for a road of that character, and at such place may demand, receive, and recover the fare or toll authorized by this Act. Sec, 9. That the fare or toll received for the use of said road shall be expended in keeping the toll house, grading and constructing said turnpike, paying the ex- penses incident thereto, keeping the post thus made in re- pair, and keeping the old road from the corporate limits of Mountain City to the State line, or so much thereof as may be temporarily used by said company, in repair until the whole turnpike from the corporate limits of Mountain City to the State line is completed, and after said road is completed as aforesaid the said company shall be author- ised to declare dividends for the benefit of the stockholders. Sec. 10. That the said turnpike, wheji completed, shall Grade, have no grade to exceed any angle of five degrees with the horizon. The said company shall not be required to con- — 214 — struct the roadbed of greater width than twelve on mon tain sides through cliffs of Sec. 10. stone, if sufficient turnouts be construct* (These iections ^0T ^e convenient and safety passage of vehicles; and tl arintedTUy 8a*^ comPany shall not be required to use stone or grav on such parts of the road as have a compact and gravel] nature, if the road be well drained to prevent an accumi lation of water. Sec. 11. That if before or after the said turnpike : completed the said company shall elect to keep two to gates the rate of fare or toll shall be no greater than th charges at one gate. Sec. 12. That any person who shall in any mannc injure or obstruct the road of said company or any bridg connected therewith, besides being liable in a civil actio] for damages, shall be guilty of a misdemeanor, and oi conviction thereof be fined or imprisoned, or both, in tin discretion of the court. Sec. 13. That the stockholders shall not be individ ually liable for the debts of the corporation. Sec. 14. That all laws and clauses of law in conflic1 with this Act are hereby repealed. Sec. 15. That this Act shall be in force from anc after its passage. Passed February 3, 1905. J. I. COX, Speaker of the Senate. W. K. ABERNATIIY, Speaker of the Ilouse of Representatives. Approved March 17, 1905. JAMES B. FRAZIER, Governor. This Act creates a private corporation, and is admit- tedly in contravention of Art. XL, Sec. 8, of the Constitu- tion. It was signed by Governor Frazier through mistake. JOHN W. MORTON, Secretary of State. — 215 CHAPTER 100. Senate Bill No. 13S. AN ACT to create a special school district out of portions of the Fifteenth, Sixteenth, and Twenty-second Civil Districts of Rutherford County, and to provide directors and govern- ment for the same. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a special school district be, and the same is hereby, created out of portions of the Fifteenth, Sixteenth, and Twenty-Second Civil Districts of Rutherford County to be bounded as follows : Beginning at R. E. Jarman's farm, running east with the Wilson County line to Robert Nolen's farm; thence south with the lands of David Crouse, Jake Dillon, M. R. Allen, and William Butler to the Murfreesboro & Milton turnpike ; thence east with said pike to Browley's Creek ; thence south to and including the farm of James Greer; thence west to Sam Knight, Will Butler and W. S. Mc- Henry,s farms ; thence southwest to E. G. Brown's farm ; thence with Stones River to the bridge near G. H. Burke, Esq.; thence with his lines and crossing said river and TO'th the meanderings of the same to Walter Hill corpora- tion line ; thence north with said line to include the lands of R. M. Rucker; thence easterly to the lands of E. N*. Dunnaway, John Dillon, Z. T. Herron, W. B. Loughry, A. T. Young, Mrs Jacob Dunnaway, Willie Freas, M. W. White, J. G. Barlow, and P. B. Florida ; thence east with the Wilson County line to the beginning, including the above-named farms. Sec. 2. Be it further enacted. That the directors of the said Fifteenth, Sixteenth, and Twenty-second Civil Districts of said county be, and the same are hereby, di- rected and empowered to pay over to the directors of the special district created by this Act, in proportion to the scholastic population of said special district, its pro rata of all school funds in their hands at the time of the pas- sage of this Act Sec. 3. Be it further enacted. That the County Su- perintendent for Rutherford County is hereby authorized — 210 — and directed to number said special school district, and to appoint three directors for the same to serve until thi! next regular election for school directors, when three di rectors shall be elected by the people of said special dis trict, in the manner now provided by law ; and said specia I district shall be entitled to the same lawful privileges, immunities, and rights of other school districts, and be subject to the same regulations and restrictions. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act* be, and the same are here- by, repealed. Sec. 5. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 16, 1905. J. I. COX, Speaker of the Senate. W. K ABERXATUY, Speaker of the House of Representatives. Approved March 23, 1905. JAMES B. FRAZIER, Governor. CHAPTER 101. Senate Bill No. 182. A BILL to be entitled "An Act to amend Section 1, Chapter 227, of the Acts of the General Assembly of Tennessee, passed March 24, 1903, and approved March 25, 1903, which was entitled 'An Act to amend an Act of the General As- sembly passed April 21, 1899, and approved April 22, 1899, en- titled House Bill No. 770, an Act to divide the State of Ten- nessee into Judicial Circuits and Chancery Divisions and pro- vide for the administration of justice and equity in the Cir- cuit and Chancery and other inferior courts of this State, and to fix the time for holding the terms of said Chancery, Cir- cuit, and other courts so as to change the time for holding the Circuit Courts in the Second Judicial Circuit, and provide that the Chancellor of the Fourth Chancery Division hold the Circuit Courts of Fentress County/ so as to change the time for holding the terms of the Circuit Courts in Sevier and Morgan Counties." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 1, Chapter 227 of — 217 in holding Circuit Courts in Sevier and Morgan Counties. the Acts of the General Assembly, passed March 24, 1903, ipproved March 25, 1903, entitled "An Act to amend an Act of the General Assembly passed April 21, 1899, and approved April 22, 1899, entitled 'House Bill No. 770, an Act to divide the State of Tennessee into Judicial Cir- cuits and Chancery Divisions, and provide for the admin- istration of justice and equity in the Circuit and Chan- cery and other inferior Courts of this State, and to fix the times of holding said Chancery, Circuit, and other Courts, » as to change the time for holding the Circuit Courts in change of time the Second Judicial Circuit and provide that the Chan- cellor of the Fourth Chancery Division hold the Circuit Courts of Fentress County," be amended so as to change the time for holding the terms of the Circuit Courts in Sevier County from the first Mondays of March, July, and November to the third Mondays of March, July, and No- vember of each year; and to change the time for holding the terms of the Circuit Courts for Morgan County from the third Mondays of March, July, and November to the first Mondays of March, July, and November of each year. Sec. 2. Be it further enacted, That all bonds and recognizances shall be taken and all process made returna- ahle to the Courts at the times and places fixed for holding the same in the first section of this Act ; and all bonds and recognizances and all process, heretofore taken and issued under the provisions of said Act hereby amended, shall be made returnable to the terms of the Court hereafter to be held under the provisions of this Act and may be enforced accordingly. Sec 3. Be it further enacted, That all Acts and parts of Acts in conflict with this Act be, and the same are hereby, repealed; and that this Act take effect from and after its passage, the public welfare requiring it. Passed March 21, 1903. J. I. COX, Speaker of the Senate. W. K. ABEKNATHY, Speaker of the House of Representatives, Approved March 27, 1905. JAMES B. FTtAZIER, Governor, — 218-^- Terms, rulei, CHAPTER 102. House Bill Xo. 104. AN ACT to reorganize the Circuit Court of Shelby County. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Circuit Court of Shelby 'etc." 4M""' County be, and i3 hereby, divided into four parts, to be known and designated as Divisions One, Two, Three, and Four of said Court. The terms of said Court in said four divisions shall be held, beginning on the third Mondays in January, March, May, September, and November of each year, as now required by law, and said Court shall have such civil jurisdiction and powers as are now exer- cised by Circuit Courts in this State. The procedure, rules of practice, and the laws governing said Court shall be the same as are now in force, except as they are changed by this Act, or as the rules of practice may hereafter be changed by said Court; and each division of said Court shall be considered open for orders at all times. When it has not finally adjourned for the term, each division of said Court shall regulate its own sessions and sit upon its own adjournments. Sec. 2. Be it further enacted. That the present Judge of the Circuit Court of Shelby County, and his successors in office, shall sit and hold Court regularly in Division One ; and the offices of three additional Circuit Judges of Sheby County are hereby created, which shall be filled by the appointees hereafter to be named until the election of Judges to fill said offices, as hereinafter provided, and said three Circuit Judges, to be so appointed or elected, and their successors in office, shall sit and hold Court regularly in Divisions Two, Three, and Four thereof. Sec. 3. Be it further enacted, That the Governor, as soon after the passage of this Act as practicable, shall ap- wlnuTrst ftp" point persons qualified, under the law, to fill the offices Judges. hereby created of Circuit Judges in Divisions Two, Three, and Four of said Court, and shall designate which of said three persons shall hold Division Two and Division Three and Division Four thereof, all of whom shall hold office — 219 — until their successors are elected and qualified. An elec- tion shall be held in said county, as required by law, on the first Thursday in August, 1906, for said three Judges, who shall hold said offices respectively as in the case of a vacancy, and shall hold office until the next regular elec- tion of judicial officers in the State, and until their suc- cessors are elected and qualified. Sec. 4. Be it further enacted, That the three Judges Power8f jurlB. herein provided for shall have the same qualifications and diction, and siilftrv exercise the same powers and civil jurisdiction and receive *he same compensation as other Circuit Judges in the State. Sec. 5. Be it further enacted, That the Judges presid- Tofonnniate ing in Divisions One, Two, Three, and Four of said Court JJJJi0,pM0" shall formulate such rules and regulations as may be nec- essary to apportion the docket of said Circuit Court be- tween the four divisions thereof, and the Clerk of the said Tourt will, under the rules so established, apportion and divide said docket between the four divisions, assigning to each division, for trial and disposition, a proper propor- tion of the docket. The Judge holding Division No. Four •jf said Court shall hear and determine all cases appealed to said Court from Justices of the Peace in Shelby County, and all cases taken to that Court by writs of certiorari or other appellate processes from inferior jurisdictions, ex- cept the Probate Court of Shelby County, and shall also heir and determine all divorce cases instituted in said Court, and the same shall be assigned by the Clerk to said division; Provided, however, that either Judge in Divi- sions One, Two, or Three of said Court may hear and de- termine the causes now allotted to Division Four, upon the conditions and upon assignment of the same to said divi- sions respectively as hereinafter provided. Sec. 6. Be it further enacted, That the minutes of Minute books. Divisions One, Two, Three, and Four of said Court shall be kept in separate books, the same to be numbered in regular sequence, as heretofore. The minutes of each divi- sion shall be signed by the Judge presiding therein, except in the case of interchange regularly made. Sec. 7. Be it further enacted, That if at any time Transfer of either of said Divisions One, Two, Three, or Four shall ^J}*"^*" dispose of the cases assigned to such division, and either of ness. the other divisions shall then have cases on its own docket undisposed of, then the Judge of the division so having cases or other business undisposed of shall assign — 220 — to one of the other divisions of said Court a portion of the docket so undisposed of in his division, all of which busi- ness and cases when so assigned shall be tried and dis- posed of by the division to which they are assigned or trans- ferred. Sec. 8. Be it further enacted* That all cases now pend- Dispoiition of iag in the Second Circuit Court of Shelby County shall be pending.* assigned and transferred to Division Four of the Circuit Court, to be tried and determined, as herein provided. Hereafter all appeals to the Circuit Court of Shelby Coun- ty and all cases taken to that Court by certiorari or other appellate proceedings shall be kept upon a separate docket, to be known as the Docket of Division No. Four. All cases brought in the Circuit Court and assigned to Divi- sions One, Two, and Three shall be kept upon one docket. Sec. 9. Be it further enacted, That the County Court count tofu °^ Stalby County shall furnish all books and necessary nUiih7reoordV. supplies for said Court, and shall also furnish for the sit- tings of said Courts separate rooms, but as near together as may be convenient, and the Sheriff of said county shall in person or by deputy attend upon each division of said Court when in session. Sec. 10. Be it further enacted, That this Act shall not A»toctrouit affect the office, powers, duties, or compensation of the court ciork. present Clerk of the Circuit Court and his successors in office, who shall hold said office, with all the powers, duties, and responsibilities now attached thereto, during the term for which he was elected and until his successors shall be elected and qualified. Said Clerk shall, either in person or by deputy, attend upon each division of said Court when in session. Sec. 11. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and they are hereby, repealed. Sec. 12. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare requir- ing it. Passed March 27, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. • E. RICE, Speaker of the Senate. Approved March 29, 1905. JOIIN I. COX, Governor. — 221 — CHAPTER 103. House Bill No. 29. A BILL to amend Chapter 198 of the published Acts of the Gen- eral Assembly of Tennessee of 1903, entitled "An Act to fix the times and places for holding the Circuit Courts of the First Judicial Circuit of Tennessee/' so as to change the . time of holding the Circuit Court for Hawkins County, Ten- Section 1. Be it enacted by the General Assembly of &e State of Tennessee, That Section 1 of Chapter 198 of the Acts of 1903, the same being the Act described in the caption hereof, be, and the same is hereby, amended so as to provide that the Circuit Court for Hawkins County shall be held on the first Mondays in March, July, and November, instead of the second Mondays in said months as provided in said Act of 1903. Sec. 2. Be it further enacted. That all bonds andrecog- nizances taken requiring the appearance of any person or the performance of any duty at any term provided for in the Act hereby amended, and all process issued returna- ble to any Court, as provided for in said Act hereby amend- ed, shall be held as valid and binding at the terms provided for herein and returnable thereto. Sic. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 24, 1905. W. K. ABEKNATHT, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved March 29, 1905. JOHN I. COX, Governor. — 222- CHAPTER 104. House Bill No. 39. AN ACT to amend Chapter 256, ActB of 1903, entitled "An Act. to provide and regulate the compensation of Circuit Court. Clerk in the State of Tennesse," so as to provide another class for counties having a population between seven thou- sand four hundred and fifty and seven thousand five hundred, according to the Federal Census of 1900, or any subsequent- census. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Chapter 255 of the Acts to8Mei£?p e§ of 1903, Section 1, be, and the same is hereby, amended Statfor^by adding the following clause after the "to wit" in the ing 7,4W. fourth line of said Act as printed in the published Acts of 1 903 — viz. : In counties having a population between 7,450 and 7,500, according to Federal Census of 1900, or any subsequent census, and three hundred ($300) dollars. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 23, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate . Approved March 29, 1905. JOHN I. COX, Governor. — 223 — CHAPTEK 105. House Bill No. 233. AN ACT to incorporate the town of Doyle, Tennessee, in the county of White and State of Tennessee. Sectiok 1. Be it enacted by the General Assembly of the State of Tennessee, That the town of Doyle, in the County of White and State of Tennessee, and the inhabit- ants thereof be, and are hereby, constituted a body politic and corporate, under and by the name and style of the "Mayor and Aldermen of the town of Doyle;" may sue and be sued ; grant, receive, purchase, and hold real estate, mixed and personal property, and dispose of the same for the use and benefit of said town of Doyle ; and may have and use a common seal, and change the same at pleasure. Sec. 2. Be it further enacted, That the corporate lim- Bo^^eg. its of said town of Doyle shall be as follows : Beginning at a stake, M. V. Nichol's southwest corner in W. M. Coop- er's line, running south 87i degrees, east with said line crossing the N., C. & St. L. R. R. at 83 poles and crossing the Sparta and McMinnville Road at 137 poles, in all 263 poles, to a cedar in W. M. Moore's and Hollingsworth's line; thence 3 degrees east, crossing the Doyle and John- son Mill Road at 58 poles, in all 301 poles, to a stake at the northeast corner of W. M. Eelton's blacksmith shop on the south side of the onward Seminary and Eaton Road; thence wcstwardly with the south side of said road, cross- ing the Sparta and McMinnville Road at 88 poles, cross- ing the N"., C. & St. L. R. R. at 129i poles, and passing the mouth of a lane leading to Doyle at 222 poles, leaving the said road at the northwest comer of Smith Swindell's barn lot at 240 poles ; thence west through a woods lot, in all 260 poles, to a small persimmon in Smith and Mrs. E. A- Swindell's dividing line ; thence south 2§ degrees, west with said line 59 poles, to S. A. Mitchell's southwest corner in the center of a lane ; thence 3i degrees west, crossing Mountain Street at 56 poles near Dr. Wood's barn, passing M. V. Nichol's. northwest corner in R. E. Lee Smith's line at 201 poles, and with his (STichol's) line through an orchard, in all 241 \ poles, to a stake, the beginning. — 224 — Sec. 3. Be it further enacted, That the first Board of pint Board of Mayor and Aldermen of the town of Doyle, under this A&ra»n? charter, shall be the following named persons — to wit: Mayor, R. E. Lee Smith; Aldermen, A. P. Johnson, W. H. Gooch, G. D. Carlock, J. L. Horton, M. ST. Camp, Wil- son McConnell. The said Board of Mayor and Aldermen shall at their first meeting proceed to elect a Marshal and Recorder, and that they hold their said offices and be vest- ed with all the powers of regularly elected officers until the first Saturday in January, 1906, and their successors are elected and qualified; Provided also, that at the ex- piration of the term of the above-named officers there shall be held on the first Saturday in January, 1906, an election within the corporate limits of said town of Doyle for the purpose of electing a Mayor and six "Aldermen for the said town of Doyle, who shall for a term of one year and until their successors are elected and qualified, and an election shall be held on the first Saturday in January of each subsequent year for the purpose of electing a Board of Mayor and Aldermen for the said town of Doyle ; Provided further, that the Board of Mayor and Aldermen of said town of Doyle shall have the power to appoint officers, Judges, and Clerks to hold said election under the general rules and regulations prescribed by law for holding general, State, county, and municipal elections: Provided further, that all vacancies in the Board of Mayor and Aldermen shall be filled by the remaining members ot said Board. In all elections held under this Act, all per- who may vote. song living within the limits of said corporation for six months next preceding the election, and who shall be qual- ified to vote for members of the General Assembly of the State, and all male persons twenty-one years of age and qualified to vote for members of the General Assembly of the State, owning fifty ($50) dollars' worth of real estate in said corporate limits, assessable for taxes for said year, such ownership to be evidenced by registered conveyance prior to the tenth day of the preceding January, shall constitute the qualified electors in said election, and be en- titled to vote for all the officers elected in such election. Sec. 4. Be it further enacted. That the person having Remit of eieo- received the highest number of legal votes at any election deo!iredOW held shall be declared elected, and the officers holding the election shall, within two days thereafter, issue to each of the Aldermen elected certificates of election; and that at all subsequent elections the officers holding the said dee- tion shall make certified returns thereof, on the day suc- ceeding the election, of said election to the acting Mayor, whose duty it shall be to issue to the persons receiving the highest number of legal votes in said town of Doyle certifi- cates of election within two days. It shall be the duty of the persons elected to meet at some convenient place and proceed to organize by the election of a Eecorder, Treas- urer, Marshal, and such Assistant Marshal or Policemen as the Board of Mayor and Aldermen may from time to time provide, and as may be necessary for the dispatch of municipal business. Sec. 5. Be it further enacted, That no person shall be elected to any office in the municipality unless he has been a resident for at least six months next preceding his elec- tion, and unless he is twenty-one years of age. Sec. 6. Be it further enacted. That the compensation compensation of all officers, agents, and servants of the municipality shall -how flxed- be fixed by the Board of Mayor and Aldermen before the election of officers, agents, and servants, and shall not be changed during his term of office. Sec. 7. Be it further enacted, That the corporation Power80foor. aforesaid shall have full power and authority to make and P°ration- pass such laws and by-laws as are necessary to prevent or remove nuisances ; to provide for licensing and regulating auctions, taxing, regulating, or restraining theatricals or public amusements, shows, or exhibitions, within the boundary of the corporation ; for restraining or prohibiting gambling houses; to regulate the sale of intoxicating liq- uors; to establish night and day watches and patrol; to ascertain when necessary the boundary of streets and al- leys; to have and keep in repair the streets, alleys, etc., and pass all laws necessary for the same; to repair and regulate markets, drayage, and personal privileges ; to pro- vide for the establishment and regulation of a fire com- pany, the sweeping of chimneys, and the safe condition of flues; to impose and appropriate fines, penalties, and for- feitures for breach of by-laws and ordinances ; to build and keep in good condition a lockup or calaboose for the safe- keeping of persons, before trial, who have violated any of said ordinances or by-laws of said corporation; to levy and collect taxes of privileges, real and personal property, for the purpose of carrying necessary measures into opera- tion for the benefit of said town ; to regulate the speed of locomotives, engines, and cars passing through said cor- poration, and prevent engines and cars from blocking pub- is — 22fl — Explosives. Franchises. Waterworks. lie highways at their crossings," or standing in certain pre- scribed distance from crossings of said highway for a. longer time than actually necessary to transact their busi- ness; to establish fire limits and such general regulations « by ordinance, for the prevention and extinguishment of fire, as they may see or deem expedient; to regulate the storage and transportation of illuminating oils, high ex- plosives, gunpowder, tar, pitch, resin, and other explosives and combustible material, and to regulate or prohibit the use of firearms ; to alter, abolish, widen, extend, establish, and create streets, avenues, lanes, alleys, and sidewallrs, and to improve and keep in repair the said streets, ave- nues, lanes, alleys, and sidewalks, drain, and sewer ; and to provide for the planting and protection of shade trees upon the streets, avenues, or park, or other public grounds, and to regulate same; to remove all obstructions from the streets, lanes, alleys, avenues, and sidewalks and curb- stones, and to provide for the removal of all encroachments into or upon all or any streets, lanes, avenues, or alleys within the town of Doyle established by law or ordinances ; to regulate the running of horse or railway cars, propelled by dummy engines, cable, or electricity, and the laying of tracks for the same, transportation for passengers thereon, and the form of rail to be used, and to require railroad companies using streets to lay their tracks at the official grade thereof, and require them to bring such streets be- tween the sidewalks to their official grade at their own expense, and to compel them to pave and keep in repair the streets between their tracks and for a distance of two feet on each side of same ; to erect and maintain a work- house, a house of correction, and to provide for the regula- tion and government thereof; to provide for lighting tbe streets, to erect lamp posts, electric towers, or other ap- paratus; to prevent and restrain riots, noise, disturbances, or disorderly assemblages in any streets, houses, or places within the town of Doyle, breaches of the peace, fighting or disorderly conduct, and to suppress bawdy houses; to prohibit and punish the abu3e of animals ; to provide the town with water, to erect hydrants and pumps, construct cisterns and reservoirs, to lay pipes for conducting and dis- tributing water over the town, and keep the same in repair ; to acquire and own stock in any water company organized for the purpose of supplying with water for domestic, ir- rigating, mechanical, or other purposes; to build and con- struct reservoirs for the storage of water; to construct or — 227 — purchase waterworks for the use of the town, and enlarge their capacity from time to time and keep the same in re- pair, and generally to do whatever may be needful and necessary to be done by contracting with water companies, jx otherwise, in order to supply the town with water for fire, domestic, irrigating, mechanical, and other purposes, ind to regulate the same and fix the price to be charged private consumers thereof; to establish and enforce quaran- tine laws and regulations, and enforce the same within the town; to regulate or prevent the use of fireworks, and to prevent the carrying on of manufactories dangerous in causing or promoting fires; to make all ordinances which shall be necessary and proper for carrying into execution the powers specified in this Act, and make all ordinances which it may deem necessary or requisite for the good or- der, health, good government, or general welfare of the town, and also for the protection and preservation of any town properties, privileges, and franchises, and enforce the same by proper fine, imprisonment, or other penalties, and all the powers and authority set out in Section 160Y of Milliken & Vertrees' Compilation of the Code of Ten- Sec. 8. Be it further enacted, That the Board of May- Grade of streets or and Aldermen shall have the power to establish and change the grade of streets of said town of Doyle. Sec. 9. Be it further enacted, That before entering upon the discharge of their duties the Aldermen and all °oVo™oers.ndi municipal officers shall take an oath to faithfully demean themselves, as the law directs, during their existence in office; that the Recorder, Treasurer, and other officials charged with the collection, safe-keeping, and disbursement of the corporation funds, shall give bond in such sum or snms as the Board of Mayor and Aldermen may require for the faithful performance of their duties; Provided, the bond of the Recorder shall not be less than five hun- dred ($500) dollars. Sec. 10. Be it further enacted, That it shall be theDutiegof duty of the Mayor to preside at all meetings of the Board Mayor, of Mayor and Aldermen ; to see that all ordinances and by-laws of the corporation are duly and properly per- formed, respected, and observed within the town of Doyle ; c*D special meetings of the Board of Mayor and Alder- men whenever he may deem it expedient ; to make such suggestions and give instruction in reference to the action of said Board as in his judgment will be the most con-i ducive to the interest of said corporation ; to give orders, in connection with the Recorder, upon the Treasurer of said town of Doyle, whenever said Board directs, same to be done for the payment of money that may be due from said corporation ; to employ counsel upon advice of the ■ Board in behalf of said corporation in any case in which said corporation may be interested, when in his judgment the same may be necessary. He shall be allowed one vote, as any other Alderman, in all questions coming before the * Board for consideration, but shall not be allowed a second in case of a tie; but unless a majority of the Aldermen present shall vote in favor of any proposition coming before the Board, the same shall be declared lost. Sec. 11. Be it further enacted, That the Recorder Powen and dn- 8hall be vested with full power and authority to try all Sorter. Re" offenses for the violation of ordinances and by-laws of said corporation ; and said Recorder of the town of Doyle shall be, and is hereby, invested with concurrent jurisdiction with the Justice of the Peace in all cases for the violation of the crimina laws of the State, or the ordinances or by-laws of the Board of Mayor and Aldermen of the town of Doyle, within the corporate limits of said town; and for trial of State offenses the cost incident thereto shall be the same as allowed to Justices of the Peace for like services, which cost, when collected, shall be paid into the town treasury. Said Recorder shall keep a regular docket, in a well-bound book, the same as are kept by the Justices of the Peace, and shall docket every case tried by him and show amount of bill of costs of same. Sec. 12. Be it further enacted, That the Board of Workhouse. Mayor and Aldermen of said corporation shall have full power and authority to erect a workhouse and lockup or calaboose for the safe-keeping of persons when arrested, who fail to give or fail to put up forfeitures for their ap- pearance before the Recorder for trial; and when any per- son or persons, who have been convicted of any violation of any by-laws or ordinances of said corporation, fail or refuse to pay or to secure to be paid the fine and costs ac- cruing thereon, the Board of Mayor and Aldermen may provide by an ordinance for the confinement in said lock- up, workhouse, or calaboose, and put them to work for the town, either within an enclosure, on the streets, or other public works, under proper guards or secured by ball and chain, at such wages as the Board may adopt by ordinance, until the costs and fine are paid. — 229 — Sec. 13. Be it further enacted, That the Board ofaemovaiot Mayor and Aldermen shall have full power and authority offloer1, to dismiss and remove any officer or agent appointed or elected by them, including the Kecorder or Marshal, for in- competency or any violation, neglect, or disregard of the duties imposed upon them by the by-laws or ordinances of said corporation ; Provided, that two-thirds of the Board of Mayor and Aldermen concur in the removal or dismissal. Sec. 14. Be it further enacted, That the Board of jurisdiction of Mayor and Aldermen of the town of Doyle shall have full offloerB* power and authority by ordinance, within the town, and for a distance of one mile from the corporate limits there- of, to provide for the sanitary measures necessary to pre- Tent sickness, and to establish quarantine when, in the judgment of the Board, the same is necessary, and also to set the fees of the Recorder, town Marshal, and other offi- cials and witnesses, who may be required to attend trial of causes on behalf of the corporation. Sec. 15. Be it further enacted, That the Mayor and Power to open Aldermen of the town of Doyle shall have full power and ,treet8# authority to lay off and open new streets, lanes, and alleys in said town and extend old ones for the convenience of the inhabitants thereof, in the manner and mode prescribed by Sections 1388, 1389, 1391, of Thompson & Steger's Compilation of the Code of Tennessee ; also may require the owners of business houses and residences in said town of Doyle to make good stone, brick, gravel, or wood pavements in front of their said business houses and resi- dences. Sec. 16. Be it further enacted, That the Board of Taxes, Mayor and Aldermen shall have full power to levy and collect taxes for city purposes upon all taxable property, real, personal, and mixed, within the limits of the town, not exceeding the total levy for all State and county pur- poses levied in any year. Sec. 17. Be it further enacted, That all franchises or Franchises privileges granted by said town of Doyle, to corporations llmlted- or individuals, shall be limited to twenty years from the granting of the same, and such franchises or privileges so panted shall plainly specify on what particular street, al- ky* or avenue the same shall apply, and no franchises or privileges shall be granted by the town of Doyle in general terms, or that will apply to the town generally ; Provided, however, those franchises and privileges may be granted to gas, waterworks, electric lights, companies, and manuf ac- — 230 — tures in general terms and for a period of longer than twenty (20) years, in the discretion of the Board of May- or and Aldermen. Seo. 18. Be it further enacted, That the citizens liv- jmtioe of ing within the corporate limits of the town of Doyle shall Peace. ^ entitled to elect a Justice of the Peace, who shall sit in the County Court of said county, and who shall have the same jurisdiction and powers as other Justices of the Peace. Sec. 19. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare requir- ing it Passed March 24, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved March 29, 1905. JOHN I. COX, Governor. CHAPTER 106. House Bill No. 384. AN ACT to authorize Rhea County to issue bonds for the pur- pose of laying out, building, and constructing roads In said county. Section 1. Be it enacted by the General Assembly of commissioners, the State of Tennessee, That the County of Rhea, through the following five Commissioners — to wit, W. C. Paine, of the First ; W. D. Browder, of the Second ; E. T. Water- house and W. IT. Rogers, of the Third ; and J. D. Ellis, of the Fourth Civil District of said county — be, and is hereby, authorized to issue bonds not to exceed in amount the aggregate sum of $150,000, payable in lawful money of the United States, for the purpose of laying out, build- ing, and constructing public roads in said county ; Provid- ed, a majority of the qualified voters of the said county, at an election called for that purpose, as hereinafter pro- vided, shall vote in favor of the issuance of said bonds. — 231 — Sec. 2. Be it further enacted, That said bonds shall Denomination be issued in denominations not to exceed $1,000 each, of bondI» eta numbered consecutively from one upwards, and shall be at a rate of interest not exceeding five per centum per an- num, payable semi-annually; and each one shall have at- tached to it a correspondingly numbered coupon for each semi-annual installment of interest, which coupons shall be receivable for any tax due said county, except taxes due for school purposes and upon the sinking fund for the re- demption of said "bonds hereinafter provided for. Said bonds shall be due and payable at the expiration of twenty years from the date of issuance ; Provided, that before the expiration of twenty years from the issuance of said bonds the Trustee may redeem any of said bonds presented for redemption out of any moneys that may be in his hands, derived from the sinking fund taxes hereinafter provided for, or may receive said bonds for payments of said sinking fond taxes. Sic. 3. Be it further enacted, That said bonds shall how signed, be signed by the Chairman of the County Court of said etc* Rhea County, countersigned by the Clerk of said county, with the seal of said County Court affixed, and the coupons attached to said bonds shall be 'signed in the same way; Provided, the signature and seal aforesaid to said coupons may be lithographed, and after the signature aforesaid is attached to said bonds, the same shall be delivered to the Commissioners appointed by this Act, whose duty it shall be to sell the same, receive the proceeds, pay the same over to the Trustee of said county, and expend the said funds in laying out, building, and constructing such public roads in said county as to them may seem proper, having in view the necessity of public travel and the best interests of the citizens of said county; and Provided further, that said bonds shall not be sold for less than par, and that- no commissions shall be paid for the sale of said bonds here- in provided for; and said Commissioners shall make a written report, sworn to, to the quarterly session of said County Court, succeeding the sale of said bonds, showing the number of each bond sold, to whom sold, the rate of interest, and the amount received therefrom, which report shall be entered upon the minutes of said Court; and Provided further, that said Commissioners shall at each subsequent quarterly session of said County Court make and file a written report with the Chairman thereof, show- ing by the first report so made what road or roads they — 232 — propose to make, the length and width of the proposed road or roads, the probable cost of the right of way, if any, and the estimated probable cost of the construction of said road or roads, and by each subsequent report so made, showing the status of the work done on each road ; and upon ootumd the completion of all said roads, said Commissioners shall ro«i.hof make and file a final written report and settlement with the Chairman of the said County Court of said county, showing by items how they have expended said road fund, and upon what road or roads, which report and final set- tlement shall be sworn to and spread upon the minutes of said County Court ; and Provided further^ that said Com- missioners may employ a competent, experienced engineer and such assistants as may be necessary, whose duty it shall be to lay out such roads and superintend the con- struction of same ; and Provided further, that none of said roads shall be a greater width of roadbed than twenty-five feet, nor less width than fourteen feet, and none of heavier grade than three per cent when practicable. After said final report and settlement, shall there remain any of said road fund, the same shall be converted into the sinking fund for the redemption of said bonds hereinafter provided for. Sec. 4. Be it further enacted. That in the construc- commiBiionerB ti°n °' sa^ roads said Commissioners are authorized to to locate. jay ou^ locate, alter, change, or widen said roads, as in their judgment seems right and proper, and to fix the amount of damages any citizen may sustain on account of laying out, locating, widening, altering, or changing said roads, their finding of amount to be fixed in writing, from which action any citizen feeling aggrieved may appeal to the" next term of the Circuit Court, and any sum recovered shall be a charge against and payable out of the funds derived from the sale of said bonds. Sec. 5. Be it further enacted, That it shall be the interest and duty of the County Court of said Rhea County annually •inking fund ^o jeyy ft tflX 11p0n fae taxable property and privileges of said county for the purpose of paying the interest on said bonds, and for the purpose of creating a sinking fund for the redemption of said bonds; Provided, the Trustee of said county shall collect said taxes in the same way and upon the same terms as other taxes of said county are — 233 — collected ; and Provided further, that said Trustee shall keep said taxes separate from other taxes, shall loan the same and upon undoubted security, and the same shall not be paid out by him except by redemption of said bonds ind payment of the semi-annual interest due therefor. Sec. 6. Be it further enacted, That the Election Com- Eleoti0n. misBioners of said county, as soon after the passage of this Act as is practicable, shall hold an election at the several voting places in said county for the purpose of determining whethermore bonds shall be issued; Provided,8Rid election shall be held in the same way as general elections are now held; Provided, all persons who are now and who were legally qualified to vote at the November, 1904, election, or who have since become so,- shall be qualified to vote thereat ; and if the majority of the legal votes cast at said election shall be in favor of the issuance of said bonds, the same shall be issued; otherwise said bonds shall not be issued. Sec. 7. Be it further enacted, That the Trustee of Disbursement said county shall pay out the fund realized from the sale of said bonds upon the written order of the majority of the Commissioners named by this Act, or their legal successors, and add a compensation thereof not to exceed ten cents of each $100 when paid out by him. Sec. 8. Be it further enacted. That in case of any vacancies in the Board of Fire Commissioners created by this Act, the same shall be filled by the majority vote of the remaining members of said Board ; Provided, in the event all said Commissioners fail or refuse to act, then the mem- bers of the Quarterly Court of said county, at a quarterly term thereof, shall elect a Board of Fire Commissioners as herein provided for. Sec. 9. Be it further enacted, That said Commission- compensation ers shall be paid a reasonable compensation for their serv- stoners™ ices, not to exceed $2 for each day's work and expenses, which shall be paid, by order of said County Court, out of the general fund of said county ; and that each of said Commissioners shall execute a good and solvent bond for the sum of $10,000, payable to the State of Tennessee, for the use of Rhea County, for the faithful performance of their duty. Said bond to be approved by the Chairman of the County Court. — 234 — Sec. 10. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare requir- ing it. Passed March 24, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved March 29, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 107. House Bill No. 383. AN ACT to amend "An Act to incorporate the City of Dayton, in the county of Rhea and State of Tennessee, and provide for the election of officers, and prescribe their duties and for other purposes/' being House Bill No. 326, Chapter 229, of the Acts of 1903. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the charter of the City of Dayton, being House Bill No. 326, Chapter 229, Acts of 1903, be amended so as to strike out in Section 4 the fol- lowing words in lines 23 and 24 in said Section 4 — to wit : "The Board of Mayor and Aldermen" — and insert instead the following — to wit: The Election Commissioners for Rhea County. Sec. 2. Be it further enacted, That Section 8 of said Chapter 229 be amended so that these words shall be added to said Section 8 : Defining the powers of the corporation of the City of Dayton; that the corporation through its Board of Mayor and Aldermen shall have power and authority to pass by-laws and ordinance requiring owners of property to build such sidewalks along the streets in front of their property as required by ordinance ; or in the event the owner or owners of property refuse to build said sidewalks, such as are fixed by and in accordance with the ordinance enacted, then said corporation shall have the power by ordinance to build said sidewalks in front of said property where the owner or owners refuse to build the same, and charge the same up to the owner or owners, and the amount so expended by the city for the building of said adewalkB shall be a lien on the property of the owner or owners who refuse to build the same, and shall be enforced as provided in Section 3543 of Shannon's Code of Ten- nessee; that the corporation shall have power by ordinance to lease its convicts to the State of Tennessee, the county of Rhea, or to any person, firm, or corporation. Sec. 3. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it. Passed March 24, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved March 29, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 108. House Bell No. 388. AN ACT to incorporate the town of Clifty, in the counties of White and Cumberland, in the State of Tennessee^ Section 1. Be it enacted by the General Assembly of BoundBTie§, fte State of Tennessee, That the territory in the counties erf White and Cumberland, in the State of Tennessee, bounded and described as follows — viz. : Beginning at a stake in the east boundary of Grant No. 6214 from the State of Tennessee to Thomas B. Eastland, said stake be- ing due east of the northeast corner of the Scarbrough 300-acre tract, grant No. 7901, now owned by the heirs of Thomas Snodgrass, deceased; thence west (274) two hun- dred and seventy-four poles with the north boundary of the Scarbrough tract, to the southeast corner of the Fannie Albie tract in said line; thence north (80) eighty poles with the east line of the Albie tract to a rock corner; thence west (98) ninety-eight poles with the north bound- ary of the Albie tract to a corner in the east boundary of the Green 300-acre tract ; thence north with the east bound- ary of said Green tract, passing the northeast corner of same (200) two hundred poles to a corner in the south boundary of the Warren tract; thence east with the War- ren line (22) twenty-two poles to the southeast corner of the Warren tract ; thence north with the east boundary of the Warren tract (30i) thirty and one-half poles to a stake; thence east (346) three hundred and forty-six poles to a stake in the east line of grant No. 6214 ; thence south with the east boundary of grant No. 6214 to the begin- ning— be, and the same is hereby, constituted a municipal corporation, under the name and style of "Clifty," by which name said corporation shall be known. Sec. 2. Be it further enacted, That the corporation hereby created shall have all the rights and powers and be subject in all respects to the laws of this State relating to municipal corporations under the general laws of the State. The intent of this Act being that the powers and lia- Generai owew ^***es °^ 8a*^ corporation of Clifty, the number and style of its officers, the election of its officials, their duties and terms of office, and all the relations of said corporation with its members and with others, shall be the same as if said corporation had been organized under the provisions of the general laws of the State of Tennessee. All pro- visions of law now in force applicable to municipal cor- porations under the general laws of this State shall be applicable to the corporation hereby created. Seo. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 24, 1905. W. K, ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved March 29, 1905. JOHN I. COX, Governor. 237 — CHAPTEK 109. House Bill No. 16. AN ACT to regulate the business of lending money on personal property, wages or salaries, and the buying of salaries or wages; and to prescribe the penalties for its violation in counties of not less than fifty thousand population, according to the Federal Census of 1900, or any subsequent Federal .Census. Section 1. Be it enacted by the General Assembly of License. the State of Tennessee* That no person, firm, or corpora- tion shall engage in the business of making loans on per- sonal property or wages or salaries, or in the business, of buying wages or salaries, without first filing bond, as here- inafter required, and obtaining a license for carrying on such business. The applicant for license shall, before the same is issued, file with the officer authorized to issue it a statement on oath, giving the location where such busi- ness is to be conducted; the name and the residence and business address of the applicant, if the licensee is an indi- vidual; the name and the residence and business address of each of the partners, if the licensee is a firm ; and the name and the residence and business address of each of its officers, if the licensee is a corporation ; and in the case of a corporation, the State under the laws of which it is organized. Said license, when issued, shall not be trans- ferable ; and should the licensee change the location of his business, said license shall immediately become void, un- less said licensee shall, ten days before changing the loca- tion, file with the officer authorized to issue said license a notice of the proposed change of location. And so changing the location the licensee shall have the officer issuing said license indorse upon it a permit authorizing said change. In default of compliance with the provi- sions, said license shall be null and void. The license shall at all times be kept publicly exposed by the licensee on his business premises. No license shall be good for a13**1***1011, period longer than a year, and a new bond shall be given upon each renewal thereof. Sec. 2. Be it further enacted, That no license shall be issued to any person, firm, or corporation to carry on — 238 — the business as specified in Section 1 of this Act until the applicant shall file with the officer authorized to issue such licensa a bond with good security in the penal sum of Bond of ii- fifteen hundred dollars for the faithful performance by oenaee. ^e j^^^ 0f the obligations pertaining to the business so licensed, and the prompt payment of any judgment which may be recovered against said licensee on account of damages or other claims directly or collaterally from any loan of money or sale of wages or salaries. Said bond shall not be valid until it shall be approved in writing by the officer taking the same. Sec. 3. Be it further enacted, That whoever shall have any cause of action against said licensee arising col- laterally or directly out of any loan of money or side of wages or salary may join as defendant in said suit the surety or sureties on said bond, and shall have the right to recover from the licensee and said sureties, as though the plaintiff in said suit were the obligee in said bond. Sec. 4. Be it further enacted, That should any surety Renewal of in- on such bond become insolvent, the officer taking the bond •oi vent bond. or t^e grand jury of the county shall immediately require the licensee to file an additional bond with good security, and on failure to do so within ten days after notice, said license shall stand ipso facto revoked. Sec. 5. Be it further enacted^ That every person en- ^ ,, gaged ^ the business herein regulated shall keep on the Record of loans B^ . , i i_ • •Jxjt.t- i_ • i to be kept, premises where such business is conducted a book m which shall be recorded, consecutively numbered, legibly written in English, at the time of making each loan, the name and the residence of the borrower, the amount of the loan, the time of maturity, the rate of interest, the fees charged in connection with the loan, and a full description of the security ; and the licensee shall at the time give to the bor- rower, legibly written in English, a duplicate statement of the entry in said book, which statement shall be signed by the licensee or a duly authorized agent or employe, and numbered to correspond with the number in said book. Sec. 6. Be it further enacted, That whenever any loan Aito renewal g°verned by the provisions of this Act shall be renewed, of loans. or the borrower shall make a partial payment thereon, an entry shall be made on the book referred to in the pre- ceding section, giving the particulars of said renewal or of said partial payment, and the borrower shall be given a legibly written duplicate of the entry so made. When said loan shall be paid in full a proper entry to that effect shall be made upon the book, and the borrower shall im- mediately be given a receipt in full and a cancellation of the mortgage or lien given to secure the debt. Sec. 7. Be it further enacted, That said book shall Books open to be at all times, during the usual business hours, open to n8peot011- the inspection of all officers of the law or the grand jury of the county in which said business is conducted,- or other persons interested in the same, or to any person authorized in writing by such officer or grand jury to inspect said book. Sec. 8. Be it further enacted, That should such book ^t^^ of ift. not be faithfully or correctly kept, or should any licensee XesHoenie. or the agent or officer of any licensee refuse to allow the inspection of said book by any one authorized to inspect same, or willfully hinder or delay such person in said in- spection, the licensee under which the business is con- ducted shall stand ipso facto revoked. Sec. 9. Be it further enacted, That if it be agreed on Peel allowed in writing by the borrower and lender at the time the loan '"^^J**^. is made, the lender may charge for investigating the se- Sea, etc. curity or title and closing the loan a fee of not more than fifty cents where the amount borrowed is five dollars or less; not more than seventy cents where the amount bor- rowed is more than five dollars and not more than ten dollars ; not more than one dollar where the amount bor- rowed is more than ten dollars and not more than twenty dollars; not more than one dollar and a half where the amount borrowed is more than twenty dollars and not more than thirty-five dollars ; and not more than two dol- lars where the amount borrowed is more than thirty-five dollars, which said fee may be charged, if so agreed, upon each original loan, or any renewal thereof; Providing, however, that no fee whatever shall be allowed on any re- newal or extension which occurs within thirty days from the time of making the loan from the time of the last loan or renewal ; and Provided further, that the fee provided for in this section shall not be charged on any renewal made after the expiration of four months from the date of the original loan, but that all renewals made after said four months shall be at a fee not greater than one-half the amount herein provided; and Provided further, that any loan which shall be made between the parties immediately upon, or a short time after, the payment of a pre-existing loan of approximately the same amount shall be construed — 240 — 6 per oent Interest. in all cases to be a renewal of said pre-existing loan. No original loan shall be split up into smaller loans in order to increase the fees allowed ; but if two or more loans are made at or about the same time between the same parties, they shall be construed to be but one original loan, unless the contrary plainly and unequivocally appears. On loans of sixty dollars or more the borrower may, if agreed upon, pay such fees as will be a fair and reasonable compensa- tion for services actually rendered, if any, by the lender in examining the title or the property pledged as security, but in no event to be more than six per cent of the amount of the loan, and this fee shall not be paid on any renewal of said loan. Sec. 10. Be it further enacted, That any interest To charge only charged by the lender to the borrower in excess of six per cent per annum, or any fee, fine, or charge whatsoever charged by the lender against the borrower, whether for negotiating a loan or for commissions, examinations, at- torneys' fees, or any other bonus or additional charge what- soever to those allowed in Section 9 of this Act, and any charge of more than six per cent of the amount of any loan of more than sixty dollars, shall be considered as a payment on the principal of said loan, and the same shall be credited with the amount of such additional charge or excess. Sec. 11. Be it further enacted, That it shall be un- lawful for any licensee under this Act to charge any sum of money for fire insurance on any article of personal property pledged as security for any loan, or any fee for recording any papers connected with any loan or sale un- der the terms of this Act, except such as are actually paid by such licensee; "nor shall such licensee by pretended or fictitious sale, or by the giving of a bill of sale and the taking of notes for the money borrowed, charge any more than the legal rate of interest, nor charge any fee for en- dorsing such notes." Sec. 12. Be it further enacted, by the authority afore- said, That the license under which said business shall be conducted shall be issued, if the business is sought to be conducted within the limits of any incorporated city or town, by the officer of said city or town whose duty it is to issue licenses granted by the authority of such corpora- tion, and if without the limits of an incorporated city or town, said license shall be issued by the County Court Clerk of the county within which said business is sought No fire Insur- ance charge, License— how Issued. — 241 — to Iks conducted. The officer issuing the license shall re- ceive for each license so issued a fee of one dollar and fifty cents, to be paid by the applicant. Sec. 13. Be it further enacted, That if any person, firm, or corporation shall engage in the business of making fading or re- loans or purchasing wages or salaries, as prescribed in Sec- ouVuoenw^6 tion 1 of this Act, without first obtaining a license for carrying on such business in the city, town, or county in which said business is transacted, or shall continue to conduct said business after forfeiture or cancellation of the license under which same is conducted, such person, each and every member of such firm or each and every officer of such corporation, shall forfeit the license and all interest charged on the loan; "and shall be guilty of a misdemeanor, and the grand jury is hereby given inquisi- torial powers over all violations of this Act." Sec. 14. Be it further enacted, That if any licensee licensed under this Act shall violate any 6i the provisions of Sections 6, 7, 8, and 9 of this Act, or shall charge for the making of any loan any rate of interest in excess of six per cent per annum, or any fee or bonus in excess of m those provided in this Act, the license under which said business is conducted shall become ipso facto void. Sec. 15. Be it further enacted, That none of the pro- d^ not appiy visions of this Act shall apply to or in any way affect any to banks- regularly chartered bank, or any firm or person engaged regularly in what is known as a banking business" as now recognized by the laws of this State, nor shall any of the provisions of this Act be construed to apply to pawn- brokers or to affect any existing laws relating to pawn- brokers, "or to apply to merchants who furnish goods or supplies and take a mortgage or other lien on personal property to secure such debt." Sec. 16. Be it further enacted, That none of the pro- visions of this Act shall apply to persons, firms, or cor- porations who loan money or furnish goods and take a mortgage or lien on buggies, wagons, live stock, agricul- tural products, or farming implements. Sec. 17. Be it further enacted, That this Act shall apply only to counties of fifty thousand population or more by the Federal Census of 1900 or any subsequent Federal Census. Sec. 18. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. 16 — 242 — Sec. 19. Be it further enacted, That this Act ahall take effect from and after its passage, the public welfare requiring it. Passed March 24, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved March 30, 1905. JOHN I. COX, Governor. CHAPTER 110. House Bill No. 299. • AN ACT to redistrict Davidson County, and to lay off and de- fine the Civil Districts, and to fix the number thereof at four- teen, and to provide for the election of Justices of the Peace and all other Civil District's officers in such districts, and to fix the number of Justices of the Peace for the city of Nashville, in the First District of said county. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Davidson County shall be re- districted and laid off into fourteen civil districts as here- inafter defined and divided. Sec. 2. Be it further enacted, That there shall be „ „ , one district, including the territory known as the First Boundaries of ^. •1-r^.A.li.-r^V-I ^ , m i First District Civil District of Davidson County, lennessee, and com- prising the City of Nashville; and that portion of the Tenth and Ninth Civil Districts of Davidson County, Ten- nessee, commencing at the intersection of the Harding or Richland turnpike and the corporation line of the City of Nashville at a point where Eton street intersects said turn- pike and said corporation line; thence southeastwardly with Eton street to a point where Blakemore street, if con- tinued westwardly, would intersect with said Eton street ; thence eastwardly with Blakemore street to the Hillsboro turnpike ; thence southwardly with said turnpike to Jones Avenue ; thence eastwardly to Belmont Heights Avenue or Boulevard; thence southwardly to Elmwood Avenue — 243 — at or near the terminus of the railway line of the Nashville Railway and Light Company in Belmont Heights ; thence eastwardly with Elmwood Avenue to the Granny White turnpike; thence southwardly with said turnpike to the intersection thereof with Montrose Avenue; thence east- wardly with Montrose Avenue to the intersection thereof with Preston Avenue; thence southwardly with Preston Avenue to Halcyon street ; thence eastwardly with Halcyon street to a point opposite and south of the intersection of Kirkman and Tennessee avenues; thence northwardly to the intersection of Kirkman Avenue and Tennessee Ave- nue; thence eastwardly with Tennessee Avenue to the intersection thereof with the Franklin turnpike; thence eastwardly to the Nashville and Decatur Railroad ; thence Boundanei of northwardly with said railroad to Hamilton street; thence -continued. eastwardly with Hamilton street and in line therewith to the Tennessee Central Railroad ; thence northwardly with the Tennessee Central Railroad, including two hundred feet on the east side thereof, to South Hill street and to the corporation line of the City of Nashville; and that portion of the Eighteenth Civil District of Davidson County, Tennessee, commencing at the corporation lin^ of the City of Nashville at the intersection of Sevier and Fourteenth streets ; thence southwardly to Sevier street as continued toward the east; thence eastwardly with Se- vier street to Nineteenth street; thence northwardly with Nineteenth street, including two hundred feet on the east ride thereof, to a point two hundred feet east to Nineteenth street, and opposite and east of a point where Grove street • would intersect with Nineteenth street if continued in an eastwardly direction; thence westwardly in a line toward Grove street to Sixteenth street; thence with Sixteenth street, including two hundred feet on the east side thereof, to a point two hundred feet north of the Vaughn turnpike, where it intersects with Sixteenth street; thence west- wardly and parallel with said Vaughn turnpike to the Gal- latin turnpike; thence westwardly in a straight line to McFerrin Avenue, where it is intersected on its west side hy Mansfield street; thence westwardly with Mansfield street, including two hundred feet on the^ north side there- of, to the intersection of said street with* the Louisville & Nashville and the Great Southern Railroad, and to the corporation line of the City of Nashville ; and that portion of the Seventeenth Civil District of Davidson County, Tennessee, commencing at a point in the corporation line — 244 — of the City of Nashville, where Bayard street and the Louisville & Nashville and the Great Southern Railroad intersect; thence northeastwardly with said railroad to Mile-end street ; thence westwardly with Mile-end street to Lischey Avenue ; thence southwardly with Lischey Avenue, including two hundred feet on the west side thereof, to the corporation line of the City of Nashville, Tennessee ; and that portion of the Seventeenth Civil District of said county, commencing at a point where East Brown street intersects the corporation line of the City of Nashville on North First street ; thence westwardly with East Brown street to the east bank of Cumberland River ; thence south- wardly with the east bank of said river to the corporation line of the City of Nashville, Tennessee ; and that portion of the Thirteenth Civil District of Davidson County, Ten- nessee, commencing at a point on the west bank of Cumber- land River at the intersection thereof with the corporation line of the City of Nashville; thence northwardly with said river to a point east of and in line with Cass street ; thence westwardly to a point in the corporation line of said city northeast of Third Avenue (formerly College street) ; thence westwardly with the corporation line of said city to said Third Avenue; thence northwardly with said Third Avenue, including two hundred feet on the east side there- of, to a point in an unnamed street east of and opposite McKinney street; thence westwardly in a line with Mc- BpinUMitrta Kinney street to the intersection thereof with Darmstadt —continued, street ; thence westwardly with McKinney street, including . two hundred feet on the north side thereof, to the intersec- tion thereof with Hamburg street; thence northwardly in a line with Hamburg street to a point in line with and east of Springer street; thence westwardly to said Springer street and the intersection thereof with Buena Vista turnpike and Crooked street ; thence westwardly with said Springer street, including two hundred feet on the north side there- of, to the intersection of said street with North Webster street; thence southwardly with North Webster street to North Clay street; thence westwardly with North Clay street to the intersection thereof with Salem street ; thence northwardly with Salem street to the intersection thereof with the New Bridge Road ; thence southwardly with Salem street, including two hundred feet on the west side thereof, to Buchanan street and to the corporation line of the City of Nashville; and that portion of the Thirteenth Civil District of said county, commencing at a point where — 245 — Estrella and Jefferson streets intersect in the corporation line of said city ; thence westwardly with Jefferson street or Centennial Avenue to Twenty-third street in the town or suburb known as West Nashville; thence southwest- wardly along Twenty-third street, including two hundred feet on the west side thereof, to the Morrow Road ; thence southeastward^ along said Morrow Road, including two hundred feet on the western side thereof, to the Charlotte turnpike; thence westwardly along said Charlotte turnpike, including two hundred feet on the northern side thereof, to Richland Avenue ; thence southwardly along said Rich- land Avenue to a point where Second Avenue would inter- sect Richland Avenue if continued in a westwardly direc- tion ; thence eastwardly in a straight line to a point where Tenth street and Second Avenue intersect; thence east- wardly with said Second Avenue, including two hundred feet on the south side thereof, to the intersection thereof with First street; thence southwardly with said First street, including two hundred feet on the west side thereof, to the Nashville, Chattanooga & St Louis Railway ; thence westwardly with said railway to First street or West Nash- ville Road in said West Nashville ; thence southwardly to the Richland or Harding turnpike; thence eastwardly with said turnpike to the corporation line of the City of Nash- ville ; and all said territory shall be and shall be designated as the First Civil District of said county ; Provided, how- ever, that in addition to the three Justices of the Peace elected in the First Civil District of said county, including the county town of Nashville, there shall be appointed and elected in the incorporated town known as the City of Nashville, sixteen Justices of the Peace, making in all nineteen Justices of the Peace to be elected in said district, including said county town and incorporated city. Sec. 3. Be it further enacted, That the territory in- Seoond Dlg. eluded in and comprising the Third and Fifth Civil trict. Districts of said county shall be and shall be designated as the Second Civil District of said county. Sec. 4. Be it further enacted, That the territory in- cluded in and comprising the Second and Fifteenth Civil Thlrd Dl8trIct* Districts of said county shall be and shall be designated as the Third Civil District of said county. Sec. 5. Be it further enacted, That the territory in- Fourth Dlg. eluded in and comprising the Fourth and Sixteenth Civil **<*• Districts of said county shall be and shall be designated as the Fourth Civil District of said county. — 246 — Fifth District Sixth District Seventh Dis- trict. Eighth District Ninth District. Tenth District. Eleventh Dis- trict. Twelfth Dis- trict. Thirteenth Dis- trict. Sec. 6. Be it further enacted, That the territory in- cluded in and comprising the Sixth and Seventh Civil Dis- tricts of said county shall be and shall be designated as the Fifth Civil District of said county. Sec. 7. Be it further enacted, That the territory in- cluded in and comprising the Eighth (8th) and remainder of the Ninth Civil Districts of said county shall be and shall be designated as the Sixth Civil District of said county. Sec. 8. Be it further enacted, That the territory in- cluded in and comprising the remainder of the Tenth Civil District of said county not hereinbefore laid off and de- fined, and the territory included in and comprising the Eleventh Civil District of said county, shall be and shall be designated as the Seventh Civil District of said county. Sec. 9. Be it further enacted, That the territory in- cluded in and comprising the Twelfth Civil District of said county, and the territory included in and comprising the remainder of the Thirteenth Civil District not herein- before laid off and defined, shall be and shall bo designated as the Eighth Civil District of said county. Sec. 10. Be it further enacted, That the territory in- cluded in and comprising the Fourth Civil District of said county shall be and shall be designated as the Ninth Civil District of said county. Sec. 11. Be it further enacted, That the territory in- cluded in and comprising the Twentieth and Twenty-sec- ond Civil Districts of said county shall be and shall be designated as the Tenth Civil District of said county. Sec. 12. Be it further enacted, That the territory in- cluded in and comprising the remainder of the Eighteenth Civil District of said county not hereinbefore laid off and defined, and the territory included in and comprising the Nineteenth Civil District of said county, shall be and shall be designated as the Eleventh Civil District of said county. Sec. 13. Be it further enacted, That the territory in- cluded in and comprising the remainder of the Seventeenth Civil District of said county not hereinbefore laid off and defined, and the territory included in and comprising the Twenty-first Civil District of said county, shall be and shall be designated as the Twelfth Civil District of said county. Sec. 14. Be it further enacted, That the territory in- cluded in and comprising the Twenty-third and the Twen- ty-fifth Civil Districts of said county shall be and shall — 247 — be designated as the Thirteenth Civil District of said county. Sec. 15. Be it further enacted, That the territory in- FoUrteenth eluded in and comprising the Twenty-fourth Civil Dis- Di8trict- trict of said county shall be and shall be designated as the Fourteenth Civil District of said county. Sec. 16. Be it further enacted, That all of the several school districts and road districts in said county shall re- main as now existing until changed by lawful authority. Sec. 17. Be it further enacted, That all election pre- cincts now established and existing in said county shall continue and shall be legal election precincts in and for the several civil districts of said county, as herein and here- by established, in which such precincts may be located un- til changed by lawful authority; and that the number of registration places and registrars of votes of each of the several civil districts of said county shall continue and shall be legal registration places and registrars for votes for each of the civil districts of said county as herein and hereby established until changed by lawful authority. Sec. 18. Be it further enacted, That an election for Justices of the Peace and all other district officers in the districts herein laid off and defined shall be held by the election officers and commissioners, under the existing elec- tion laws, on the first Thursday in August, 1906 ; but the incumbent Justices of the Peace and all other civil district officers shall hold their offices and shall serve until the end of the terms for which they were elected, and shall be vested with all the powers and authority of their respective offices. Sec. 19. Be it further enacted, That this Act, for the purpose of electing Justices of the Peace and all other civil district officers in the districts herein laid off and defined, shall take effect on the first Thursday of August, 1906; but this Act, for all other purposes, shall take effect on the first day of September next succeeding said election in 1906. Passed March 27, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved March 30, 1905. JOHN I. COX, Qovernor. — 248 — CHAPTER 111. House Bill No. 294. AN ACT to amend Section 1 of Chapter 78 of the Acts of 1901, entitled "A Bill to be entitled 'An Act to regulate the practice of medicine and surgery in the State of Tennessee, and to define and punish offenses committed in violation of this Act, and to repeal an Act passed April 3, 1889, and approved April 4, 1889, and being Chapter 178 of the Acts of 1889, en- titled "An Act to regulate the practice of medicine and surgery in the State of Tennessee/' and to repeal all Acts amendatory of said Chapter 178 of the Acts of 1889/ " Section 1. Be it enacted by the Oeneral Assembly of the State of Tennessee, That Section 1 of Chapter 78, Acts of 1901, be amended by adding: And Provided further, that the provisions of this Act shall not apply to any grad- uate of a reputable medical college who has been a prac- titioner of medicine or surgery for more than ten years in the State of Tennessee at the date of the passage of this Act Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 27, 1905. W. K. ABEKNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved March 30, 1905. JOHN I. COX, Governor. — 249 — CHAPTER 112. House Bill No. 188. AN ACT to provide for the registration of certified copies of power of attorney to convey real estate where the lands to be so conveyed are located in more than one county where said power of attorney may have been registered in one county. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That where any power of attorney to convey more than one tract of land lying in different counties in the State with proper probates shall have been, or may hereafter be, registered in any county in the State in which one or more of said tracts may be located, it shall and may be lawful for any one interested therein to have registered in the county or counties in which the other tract or tracts are located. A copy of said power of attor- ney and certificate of probate, certified by the Register of the county in which said power of attorney may have been registered, and such registration shall be good and valid in law; and the copy so registered, with the certificate of the Register affixed, or a certified copy of the same, shall be evidence as if such registration had been of the original power of attorney. Sec. 2. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it. Passed March 27, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved March 30, 1905. JOHN L COX, 0 over nor. — 250 — CHAPTER 113. House Bill No. 23. AN ACT authorizing and empowering Judges of the Circuit Courts, when holding any regular term of the Circuit or Criminal Court, to adjourn the regular term thereof over to and hold an adjourned term of said court to a time during or following the expiration of the time allowed by law tor holding the regular term and following any time or times fixed by law for holding the Circuit or Criminal Court by said Judge in some other county or counties, and provide for jurors to serve at said adjourned term. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That any Judge of the State, when holding any regular term of the Circuit or Criminal Court and the business of such court requires it, may, and is hereby authorized and empowered to, adjourn such court over to and hold an adjourned term of said court at a time during or following the expiration of the time al- lowed by law for holding such regular term and subsequent to a time or times fixed by law for the holding of the Cir- cuit or Criminal Court by said Judge in some other county or counties in the same Judicial Circuit with the county in which such adjourned term of the court is to be held. Sec. 2. Be it further enacted, That the regular jurors, both grand and petit, serving as such at the regular term of said court, shall continue to serve as such jurors at the adjourned term of said court, and at such adjourned term shall perform and do all things as fully as if done at the regular term. Sec. 3. Be it further enacted, That all proceedings of said court, at the regular and adjourned terms of the court, herein provided for, shall be valid and legal and have the same force and effect as if all done at the regular term and no time has intervened between the terms, and the two terms shall be and constitute but one term. — 251 — Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it- Passed March 27, 1905. W. K ABEENATHY, Speaker of the House of Representatives. E. EICE, Approved March 30, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 114. Senate Bill No. 490. AN ACT to enable County Courts in counties having a population of not less than seventy thousand, and not more than ninety thousand, under the Federal Census of 1900, or any subse- quent Federal Census, to make appropriation from the public school fund for the professional education and training of teachers in summer institutes and summer schools. Section 1. Be it enacted by the General Assembly of This act ap- the State of Tennessee, That for the professional educa- InoVcounty tion and training of teachers in teachers' institutes and summer schools the County Court of any county having a population of not less than seventy thousand and not more than ninety thousand, under the Federal Census of 1900 or any subsequent Federal Census, may appropriate out of the public school fund of that county a sum not exceeding two per cent of the total school fund of the county for the year in which the appropriation is made. Sec. 2. Be it further enacted, That the expenditure of any moneys appropriated under the provision of this Act shall be made under the direction of the County Su- perintendent of Public Instruction and a committee of three appointed by the court, and a report of the expendi- ture of the same shall be made by the County Superin- tendent of Public Instruction in bis annual report to the County Court — 252 — Sec. 3. Be it further enacted, That this Act shall take effect from and after its passage, the public welfare re- quiring it. Passed March 30, 1905. E. RICE, Speaker of the Senate. J. J. BEAU, Speaker pro tern, of the House of Representatives. Approved March 31, 1905. JOHN I. COX, Governor. CHAPTER 115. Senate Bill No. 321. AN ACT to create the Twenty-first School District in Hamilton County, and to provide for the selection of School Directors for same. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an additional school district, known as the Twenty-first School District, in Hamilton County, is hereby created and established within the present Second and Third School Districts, bounded as follows: Beginning on the east bank of the Tennessee River at intersection at the south line of the Jeff Sawyer's land with the said Tennessee River ; thence easterly along the south land line of said Sawyer's land, extended to the top of Stringer's Ridge ; thence northeastwardly with the top of said ridge to White Oak Cemetery; thence eastwardly along the line of the old Jeff Sawyer's lands and the south land line of what is known as the Caldwell Place, to the Tennessee ; thence up the Tennessee River to the north land line of the said Caldwell Place; thence northwardly along the east land line of the Mat Rogers, Jarnagin, and I. N. Plumlee; thence westwardly along the north land lines of I. N. Plumlee, Chattanooga Com- pany, Limited, and William Miles' lands; thence north- wardly along the east of the old Hartman lands; thence — 253 — irestwardly along the north line of said Hartman lands to the H. H. Hamilton lands; and thence westwardly along the north land lines of James Brown to the bluff of Walden's Eidge ; thence southwardly with said bluff along the line of the old Third District lines, crossing the Ten- nessee River, and back with the lines of the old Fourth District to the Tennessee Eiver ; thence along the river to the beginning. Sec. 2. Be it further enacted, That the school dis- trict created by Section 1 of this Act shall have the rights, privileges, and emoluments and be governed by the same rales and laws that govern and regulate the other school districts of Hamilton County. Sec. 3. Be it further enacted, That the County Su- perintendent shall appoint three School Directors for said district, to serve until the next regular August election, when their successors shall be elected. Sec. 4. Be it further enacted^ That this Act take effect from and after its passage, the public welfare requiring it. Passed March 24, 1905. E. EICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 3, 1905. JOHN I. COX, Governor. CHAPTEE 116. Senate Bill No. 212. A BILL to be entitled "An Act to create a new School District in the Third and Seventh Civil Districts of Decatur County, Tennessee." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an additional school district be created in Decatur County — to wit : Beginning on J. P. Houston's southeast corner, run- ning west with his and L. M. Hurst's line to W. R. Den- — 254 — nison's northeast corner; thence west with the meanders of the Perryville and Decaturville Eoad to T. D. Stant's southeast corner; thence west to W. Stants' line; thence north with said line to T. D. Stants' line; thence north with said line to J. C. Partin's southwest corner; thence with his west boundary line to his northwest corner; thence in a northeast direction to J. W. Alley's north boundary line; thence with said Alley's line to Tennessee River; thence south with the meanders of said river to the be- ginning. Sec. 2. Be it further enacted, That the school district created by Section 1 of this Act be known as District Number Thirteen in said county, and to have all the rights, emoluments, and privileges and be governed by the same laws, rules, and officers that regulate and govern. other districts of the county, and that the County Super- intendent of Public Instruction of said county shall ap- point three Directors in said district, to serve until the next regular election, or until their successors are elected and qualified. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 23, 1905. E. KICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 3, 1905. JOHN I. COX, Governor. 255 — CHAPTER 117. Senate Bill No. 317. AN ACT to create School District No. 15 In Macon County. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an independent school dis- trict be established out of portions of the school districts Noe. 2 and 5 of Macon County, Tennessee, so as to in- clude the following farms: Beginning on a stake east of Long Creek and about one-fourth of a mile north of the widow J. M. Douglas' farm in the line between the States of Tennessee and Kentucky ; running thence south one mile to E. Payne's ; thence south five-eighths of a mile to H. D. Jents; thence south forty-five degrees, east one- half a mile, to the widow Margaret Lyles; thence south eighty degrees, east three-fourths of a mile, to Joel Blank- enship's ; thence eighty degrees east, one-half mile, to A. P. House's place; thence south one mile to Rufus Driver's; thence north fifteen degrees, east three-fourths of a mile, to T. P. Whirley's; thence north twenty degrees, east one-half mile, to J. W. Crowder's; thence north one- fourth of a mile to the State line; thence west with same State line three miles to the beginning. Said district will be known and numbered the Fifteenth School District of Macon County. Sec. 2. Be it further enacted, That the election au- thorities of Macon County be, and are hereby, empowered and required to hold an election within said district by the qualified voters of said district on the fourth Saturday in April, 1905, for School Directors, to hold their office until next regular election. Sec. 3. Be it further enacted, That the Clerk of said district shall furnish to the County Superintendent of Macon County a correct statement of the number of chil- dren within said district. 8ec. 4. Be it further enacted, That the County Super- intendent shall furnish a copy of said enumeration to the Trustee of Macon County, who shall pay the moneys be- longing to that portion of said county upon the order of the Directors of the district. — 256 — Sec. 5. Be it further enacted, That all laws and part of laws in conflict with this Act be, and the same an hereby, repealed; and that this Act take effect from an< after its passage, the public welfare requiring it. Passed March 24, 1905. E. RICE, Speaker of the Senate J. J. BEAN, Speaker pro tern, of the House of Representatives, Approved April 3, 1905. JOHN I. COX, Governor CHAPTER 118. i Senate Bill No. 249. AN ACT to authorize Hamilton County to fund her floating in- debtedness, to refund a part of her bonded indebtedness created by virtue of Chapter 18, of the Acts of 1895, and for this purpose to issue not exceeding one hundred thousand dollars in bonds. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That in order to enable Hamilton County to pay off her floating indebtedness and to refund a part of her bonded indebtedness, maturing April I, 1905, being one hundred and fifty thousand dollars, in bonds issued by Hamilton County by virtue of Chapter 18 of the Acts of 1895, the Quarterly Court may, and is hereby authorized and empowered to, issue coupon bonds, signed by the County Judge and countersigned by the Clerk of the County Court, to an amount not exceed- ing one hundred thousand dollars. Sec. 2. Be it further enacted, That the bonds herein authorized may be executed in denominations of one hun- Denominationg jre(j dollars or multiples thereof, and shall run for a term not exceeding twenty years from April 1, 1905, and shall bear a rate of interest not exceeding four and one-half per cent per annum, payable semi-annually, and in no case shall be sold for less than par. —257 — Sec. 3. Be it further enacted, That the Quarterly TaX ievy. Court of said Hamilton County shall each year levy a tax for the purpose of paying the interest of said bonds, and also sufficient with its accumulations as nearly as may be estimated to meet the principal indebtedness at its maturity. Ssc. 4. Be it further enacted. That a sufficient to augment amount of money derived from the sale of said bonds be ■lnkin«fund- added to the present accumulated sinking funds to re- deem the outstanding bonded indebtedness of one hundred and fifty thousand dollars, issued by virtue of Chapter 18 of the Acts of 1895, and the money remaining from the sale of said bonds shall be applied to the liquidation of the floating indebtedness of Hamilton County, and for no other purpose. Sec. 5. Be it further enacted, That a record showing Recordofbondi the number and denomination of each bond issued, the whaL8bow~ name of the person or party to whom it was sold, and the price for which it was sold, shall be kept and spread upon the minutes of the court; and each of said bonds as it is taken up shall be cancelled by the County Judge and exhibited at the Quarterly Court at the next session and disposed of as the court may direct. Sbc. 6. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 24, 1905. E. RICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved March 31, 1905. JOHN I. COX, Governor. 17 — 258- CHAPTER 119. Senate Bill No. 107. AN ACT to amend an Act entitled "An Act to provide and late the compensation of Circuit Court Clerks, in the State of Tennessee, passed and approved April 15, 1903, bein^ Chapter 255 of the Acts of 1903," so as to exclnde from the provisions of said Act all counties having a population of less than four thousand, according to the Federal Census of 19 OO, and any subsequent Federal Census. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 255, being House piie» toa£- Bill No. 956, of the Acts of 1903, entitled "An Act to pro- ^anBuren11 vide and regulate the compensation of Circuit Court ooontiea. Clerks in the State of Tennessee," passed and approved April 15, 1903, be, and the same is, so amended as to exclude from the provisions of said Act all counties having a population of less than four thousand, according to the Federal Census of 1900 and any subsequent Federal Cen- sus. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it- Passed March 28, 1905. E. EICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 3, 1905. JOHN I. COX, Governor. — 259 — CHAPTER 120 Senate Bell No, AN ACT to fix the time for holding the Chancery Courts in the Fourth Chancery Division. Section 1. Be it enacted by the General Assembly of tfce State of Tennessee, That the Chancery Courts in the Fourth Chancery Division shall hereafter be held as fol- lows: Cannon County, first Tuesday after first Monday in January and July. Trousdale County, first Tuesday after second Monday in January and July. Cumberland County, first Tuesday after second Monday in February and August. Smith County, first Tuesday after first Monday in March and September. Macon County, first Tuesday after second Monday in March and September. Jackson County, first Wednesday after third Monday in March and September. Clay County, fourth Monday in March and September. Fentress County, first Monday in April and October. Pickett County, second Monday in April and October. Overton County, first Thursday after second Monday in April and October. Van Buren County, first Thursday after fourth Mon- day in April and October. White County, first Tuesday after first Monday in June and first Monday after fourth Monday in October. DeKalb County, second Monday in May and fourth Monday in November. Morgan County, first Tuesday after the third Monday in May and November. Putnam County, second Monday in June and December. Sec. 2. Be it further enacted, That all laws in con- flict with this Act be, and the same are hereby, repealed ; — 260 — and that this Act take effect from and after its passage, the public welfare requiring it. Passed March 28, 1905. E. RICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 3, 1905. JOHN I. COX, Governor. CHAPTER 121. Senate Bill No. 198. AN ACT to authorize the municipal corporation of " The Mayor and Aldermen of the town of Morristown,"in Hamblen County, Tennessee, to Issue coupon bonds In the sum of sixty-flye thousand ($65,000) dollars for the purpose of funding under certain conditions its indebtedness, consisting of outstanding coupon bonds to the amount of forty thousand ($40,000) dol- lars, issued by authority of Chapter 88 of the Acts of 1893, and a floating indebtedness of twenty-five thousand ($25,000) dollars. Whereas, The municipal corporation of "The Mayor and Aldermen of the town of Morristown," in Hamblen County, Tennessee, under and by virtue of Chapter 88 of the Acts of 1893, has outstanding coupon bonds in the sum of forty thousand dollars ($40,000), which are, at the option of said municipality, redeemable in July, 1905, bearing six per cent interest, and has outstanding a float- ing indebtedness evidenced by warrants in the sum of twenty-five thousand dollars ($25,000), bearing six per cent interest; and, Whereas, Said municipal corporation is desirous of funding said indebtedness to the end that bonds may be issued bearing not more than five per cent interest Section 1. Be it therefore enacted by the General Assembly of the State of Tennessee, That it shall be law- ful for "The Mayor and Aldermen of the town of Morris- — 261 — town" to issue its coupon bonds in the sum of sixty-five thousand dollars ($65,000), but not exceeding that sum, for the purpose of funding its said bonded indebtedness of forty thousand dollars ($40,000) and its floating in- debtedness of twenty-five thousand dollars ($25,000) in the manner and under the restrictions hereinafter pro- vided. Sec. 2. Be it further enacted, That the bonds issued Denomination for the above purpose and under this Act shall be of such gj£d*rie8 of denomination and shall bear such rate of interest, not to exceed, however, five per cent per annum, as the said Board of Mayor and Aldermen may determine by ordi- nance. Said interest shall be payable semi-annually, in January and July. Of said bonds forty-five thousand dollars ($45,000) shall be due thirty years from the date of their issuance, and twenty thousand dollars ($20,000) shall be payable at any time after the end of ten years, or may run thirty years, at the option of said Board of Mayor and Aldermen. All said bonds issued for the above purpose shall be payable in lawful money of the United States at such place as the Board of Mayor and Aldermen may determine, and shall show on their face that they are issued under and in pursuance to the au- ' thority of this Act. Sec. 3. Be it further enacted, That th j bonds provid- How ,Mued. ed for by this Act shall be signed by the Mayor and Ke- eorder of the town, shall have the corporate seal thereof, and in no case be sold for less than par ; and the coupons attached shall, as they mature and become due, be re- ceivable for all taxes and dues to the said municipality, except the sinking fund tax hereinafter provided for. Sec. 4. Be it further enacted, That before the issu- SInklnK f und% ance hereunder of any bonds, the said corporation shall provide by ordinance for a sinking fund, wherewith to rebut the bonds by levying a special tax on property, the same to be designated "The Sinking Fund Tax," the tax to run with the bonds and to be collected annually and used exclusively for the purpose levied, and to be suffi- cient with its accumulations as near as can be estimated to meet or retire the said bonds at maturity. Sec. 5. Be it further enacted, That said corporation, sinklngPand before issuing any of the bonds authorized by this Act, commission- shall, through its Board of Mayor and Aldermen, elect three citizens of the corporation who shall bo known as the Sinking Fund Commissioners. They shall be elected Oatb and bond of Commis- sioners. Disbursement of linking fund taxes. Purposes. for three years, and shall hold office until their successors are elected and qualified. They shall be so elected that the term of office of one of the said Commissioners shall expire each year, which shall be done by electing at the first election one Commissioner whose term of office shall be one year, one whose term of office shall be two years, and one whose term of office shall be three years; and thereafter the Commissioners elected shall be elected for the term of three years, as provided herein. Sec. 6. Be it further enacted, That said Commission- ers shall take and subscribe an oath in writing before any persons authorized to administer oaths to faithfully dis- charge their duties, and shall give bond and otherwise qualify themselves as said Board of Mayor and Aldermen may prescribe, and shall receive such compensation as the Board may deem just and proper. Said Sinking Fund Commissioners are authorized on giving bond and quali- fying, as provided herein, to receive the Sinking Fund that has accumulated for the liquidation of the forty thousand dollars ($40,000) of bonds issued under Chapter 88 of the Acts of 1893, whose funding is provided for in this Act, and said Sinking Fund so received shall be and become a part of the Sinking Fund for the liquidation of the bonds herein authorized to be issued. Sec. 7. Be it further enacted, That said Commission- ers shall receive from the Collector of Taxes or the treas- urer of the corporation said "Sinking Fund Taxes," and shall invest the same from time to time in such manner as will best serve the interest of the corporation ; and they will make settlement in such manner and with such per- sons as the corporation by ordinance may direct. The Sinking Fund, in the hands of the Sinking Fund Com- missioners, may at any time be used for the purpose of taking up and cancelling any bonds issued under authority of this Act, which are not due; Provided, the holders of such bonds are willing to surrender same at par value. Sec. 8. Be it further enacted, That bonds authorized to be issued under this Act shall be issued for the purpose of funding the bonded and floating indebtedness herein- before mentioned. All bonds and warrants of said cor- poration funded and called in by the issuance of the bonds provided for in this Act shall be cancelled in the presence of the Board of Mayor and Aldermen, and in such manner as may be determined by said Board. Ssc. 9. Be U further enacted. That this Act take effect from and after its passage, the public welfare requiring it. Passed March 23, 1905. E. RICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Governor. CHAPTER 122. Senate Bill No. 271. ▲ BILL* to be entitled "An Act to create and establish a School District, No. 21, in Robertson County, Tennessee, to define its boundaries, and to provide for Directors thereof." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a School District, known as Bo. 21, be, and the same is hereby, established in Robert- son County, Tennessee, and that the boundaries shall be as follows — viz. : Beginning at the north end of Washington Bridge over Boundaries Sulphur Fork Creek, in the Eighth Civil District of Robertson County, Tennessee; thence west or nearly so with the said Sulphur Fork Creek to the southwest corner of the land of W. W. Sherrod ; thence north or nearly so, including the lands of W. W. Sherrod, Joe Pitt, G. A. Sherrod, H. W. Williams, and B. S. Byrns, to the north- west corner of the land of B. S. Byrns; thence east or nearly so, including the lands of B. S. Byrns and F. E. Alford, to the northwest corner of the land of F. E. Al- ford; thence south or nearly so, including the lands of F. E. Alford, Mrs. N. C. Mathews, Thomas Menees, Mrs. Lula Fizer, and D. S. Williams, as far as Spring Creek; thence with the meanderings of said creek to the begin- ning. — 264 — Sec. 2. Be it further enacted, That the County Super- OountySaper- intendent of Public Instruction of Robertson County is ap?9intnt to hereby authorized and directed to appoint three Directors Directors, for said district, to serve until the next regular election for School Directors, when three Directors shall be elected by the people of said district in the manner now provided by law ; and said district shall be entitled to all the privileges, immunities, and rights of other school districts, and be subjected to the same organizations and restriction. Sec. 3. Be it further enacted, That the Clerk of said district, as soon as practicable after coming into office, shall furnish to the proper authorities a correct statement of children of school age within said district, and the County Trustee of Robertson County, upon said enumera- tion, shall disburse the funds belonging to said district upon the orders of the Directors of said district. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are here- by, repealed : and that this Act take effect from and after its passage, the public welfare requiring it. Passed March 24, 1905. E. RICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Governor. — 265 — CHAPTER 123. Senate Bill No. 348. AN ACT to authorize, empower, and enable Davidson County to issue bonds for the purpose of building a courthouse and county jail, and to submit the proposition of the issuance of said bonds to the qualified voters of said county at an election to be held under this Act, and to provide for the payment of said bonds and the interest thereon. Section 1. Be it enacted by the General Assembly of ihe State of Tennessee, That the County Court of David- son County in any quarterly session assembled may, a majority of the Justices of the Peace being present and voting therefor, submit a proposition to the qualified vot- ers of said county to determine at an election to be held under the provisions of this Act whether said county shall issue bonds in an amount not exceeding the sum of five hundred thousand dollars for the purpose of building a courthouse and county jail in said county; Provided, that said propositions shall state the amount of bonds proposed to be issued for a courthouse and the amount of said bonds proposed to be issued for a county jail, and said proposition shall be published for at least thirty days be- fore the date of election herein provided for in some newspaper published in said county. Sec. 2. Be it further enacted, That the County Court of said county shall submit said proposition to the people submission to at an election to be held at each voting precinct in the county court county not less than sixty days from the date the County Court shall authorize the submission of said proposition, and said election shall be held under the provisions of the law governing county elections, and said bonds shall not be issued under said proposition unless a majority of all qualified voters in said election shall be in favor there- of, the qualifications of voters at said election to be the same as the qualifications of voters for county officers; and Provided, that those voting in favor of the issuance of said bonds shall have written or printed on their ballots {rFor the issuance of bonds," and those opposed to said bonds shall have written or printed on their ballots "Against the issuance of said bonds;" and Provided, that — 966 — Amount of bonds. How signed. Interest coupons attached. the returns of said election shall be certified as required by law for the certification of county elections, and the result determined in the same manner; and Provided further, that a failure to carry out the election for bonds herein shall not prevent the submission of another propo- sition under this Act, and that a substantial compliance with the provisions of this Act in regard to said election shall be sufficient, and no irregularity in said election shall invalidate the same. Sec. 3. Be it further enacted, That if said proposi- tion for the issuance of said bonds shall be voted under the provisions of this Act, then the said Davidson County, through its County Court in any quarterly session assem- bled, a quorum of the Justices of the Peace being present, a majority voting therefor shall be, and it is hereby author- ized, empowered, and enabled to issue bonds of the county for the purpose of erecting a courthouse and a county jail, not exceeding the sum of five hundred thousand dollars, bearing interest at a rate not exceeding four per centum per annum, payable semi-annually or annually, as said court may direct, and said bonds shall be payable in from one to thirty years from the date thereof, as said County Court may order and direct Sec. 4. Be it further enacted, That said bonds shall be executed in the name of Davidson County and shall be signed by the County Judge or Chairman of the County Court in said county, and countersigned by the Clerk of Baid court, with his official seal affixed thereto; and such bonds shall be in such denominations as said court may direct, not less than one hundred dollars each, and shall be numbered consecutively in the order of issuance, be- ginning with one. Sec. 5. Be it further enacted, That each of said bonds shall have attached to it interest coupons, showing the amount of each annual or semi-annual installment of in- terest on said bonds and when same shall fall due, and each coupon shall be signed in the same manner as the bonds, but without the official seal of the Clerk, and show- ing on their face the number of the bond to which they are attached; and the County Judge or Chairman of the County Court of said county shall keep in a well-bound book a record of the number and denominations of all said bonds issued, to whom issued, and also of all bonds and interest coupons redeemed or paid ; and he shall make settlement with the County Trustee upon the receipts and — 267 — disbursements in the same manner as provided for set- tlements in regard to other county funds. Sec. 6. Be it further enacted, That said bonds or any „ . - & ' . _ ' . _. ,J May be re- part thereof may be redeemed at any time during the deemed-ao period for which they were issued by order of the County to Voider.00 Court in quarterly session by giving thirty days notice to the holder of said bonds by publication in some newspaper published in Davidson County, and said publication shall prevent the accrual of any interest thereafter. Sec. 7. Be it further enacted, That the County Court Interegt And of said county in quarterly session assembled shall have jinking 'and the power and authority, and it shall be the duty of said court, to levy a tax on all taxable property, privileges, and polls of such county for the purpose of paying said bonds and the interest thereon, and to create a sinking fund for the payment of said bonds when due. Sec. 8. Be it further enacted, That the Trustee of said T*u»tee to county shall collect and account for the taxes herein au- coUeoi- thorized in the same manner as he is required by law to collect and account for other taxes, and shall receive the same compensation as he receives for the collection of other taxes; and the County Court may, if it deems it proper, require said Trustee to give additional bond for the performance of his duties in accounting for and col- lecting said funds. Sec. 9. Be it further enacted, That the County Court committee to of said county shall elect or appoint three disinterested |ndUs|^\afi™" persons not members of said court and freeholders of said cau°ns. county, together with two members of said court, who shall be authorized to employ an architect and to procure other necessary services of experts to draw and prepare plans and specifications for said courthouse and county jail, and to make sale of said bonds ; Provided, that said bonds shall not be sold for less than par value; and Pro- vided further, that no commission shall be paid for the Bale of said bonds, but the County Court shall have the authority to make an appropriation for a reasonable amount for the compensation of said parties for their services. Sec. 10. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 23, 1905. E. RICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Governor. 268 - CHAPTER 124. Senate Bill No. 254. AN ACT to amend House Bill No. 281, passed February 2, 1905, and approved February 4, 1905, entitled "An Act to authorize the County of Shelby to issue and sell not exceeding $1 ,000,000 of bonds for the purpose of building a courthouse in said county, and to declare the manner in which said bonds shall be issued and disposed of, and the manner in which the proceeds of said bonds shall be kept and paid out and said courthouse erected, and to provide for the payment of said bonds and interest thereon ;" so as to require the bonds of the Chairman and Secre- tary of the Commission to be approved by the Quarterly Court, and to authorize the Chairman of the Commission, if a member of the court, to receive whatever compensation may be fixed by the court ; aud to provide a method for filling any vacancy that may occur in said Commission, and to permit the county to con- demn property for courthouse site. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 7 of an Act passed February 2, 1905, and approved February 4, 1905, and being House Bill No. 281, and entitled as set forth in the caption hereof, be, and is hereby, amended so as to read as follows : Said Commission shall elect annually a Chairman and a Secretary, the Srcretary not to be a member of the County Court. They may receive compensation for their services, to be fixed by the County Court, not to exceed two thousand ($2,000) dollars per annum each. And the fact that the Ch airman so elected is a member of the County Court shall not disqualify him from receiving such compensation as may be fixed by the court, as above pro- vided; said Chairman and Secretary shall enter into bonds, to be fixed by the Commission and to be approved by the Quarterly County Court of Shelby County, con- ditioned for the faithful performance of their duties, and shall quarterly make a full and complete report to the County Court. The Commission may require bonds of said Chairman and Secretary in some solvent surety company, and may pay the premiums thereon out of said fund, or may require said officials to pay the same. It shall be the duty of the Secretary of said Board to keep the books and accounts of said Board, but the Chairman of the County Court shall also keep books showing the imount received and paid out by the depositories. In the event of a vacancy in said Commission by the death or failure or refusal of any member to act, or his removal from Shelby County, or his removal from th/» Commission by the Quarterly Court of Shelby County, because of his failure to properly and satisfactorily per- form his duties as a member of said Commission, the Chairman of said court is empowered and directed to ap- point his successor. Sec. 2. Be it further enacted, That the Courthouse Commission, in the name of the State for the use of the County of Shelby, be, and is hereby, expressly given the power to condemn any land that may be necessary for the courthouse site; and the proceedings for the exercise of this power of condemnation shall be the same as those now provided by law for the taking of private property for public uses, the compensation for land so condemned to be paid out of the proceeds of said bonds in all respects as if said property were acquired by purchase. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 23, 1905. E. EICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Governor. 2T0- Taxes— when due. How collected. CHAPTER 125. Senate Bill No. 278. AN ACT to amend an Act entitled "An Act to incorporate the town of Humboldt, in Gibson County, Tennessee, and to con- fer powers on the said corporation; and to define its boun- daries and to provide for the government of said town, and the debts of the town contracted under a charter thereof repealed in 1903, and for other purposes/' so as to provide for the collection of the taxes due the said town, define the duties of the said Tax Collector, and provide for the collection of back or delinquent taxes due the said town on real estate within the corporate limits of the said town, and to provide penalties and attorney's fees for the collection of back or delinquent taxes. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Act entitled "An Act to incorporate the town of Humboldt, in Gibson County, Tennessee, and to confer powers on the said corporation; and to define its boundaries and to provide for the govern- ment of said town, and the debts of the town contracted under a charter thereof repealed in 1903, and for other purposes," passed on the 12th day of March, 1903, and approved on the 20th day of March, 1903, be, and the same is hereby, amended so as to provide as follows: That the taxes in the said town shall be due and payable on the 1st day of October of the year for which they are assessed, and shall be paid on or before the 1st day of February thereafter. That after the first day of January of each year the tax books or lists of taxes for said town, whether the same be for the year next preceding or any prior year within the statute of limitations applicable to taxes, shall have the force and effect of an execution from a court of records, and shall have authority for distraining or levy- ing on personal preperty for the collection of such taxes and penalties, and the said Tax Collector, with such books or lists in his hands for collection, shall levy on such property when necessary, in his judgment, to collect such taxes, or he may garnishee for the same purpose and in the same manner that a Sheriff or Constable may garnishee with an execution, and upon such levy or garnishment the Tax Collector shall be paid the same fees as are al- lowed to the Sheriff or Constable for such services by law, to be paid by the delinquent taxpayer; and he shall also — 271 — be allowed ten per cent commission on taxes collected by evyy to be paid by the delinquent taxpayer as a penalty 01 him, or her, for failure to pay taxes until the levy is made. That said collector shall, when he levies on per- socalty, advertise the same by printed or written posters for ten days within the corporation, and sell the same to the highest bidder at public outcry, and apply the pro- ceeds to the payment of unpaid taxes and costs and pen- alties. But if the said Tax Collector cannot collect or find personalty on which to levy for unpaid taxes before the first day of June next after the year for which such taxes are assessed or for any unpaid taxes prior to that, the Board of Mayor and Aldermen of said town may ^ihow file a bill in Chancery in the corporate name of said town collected- against the delinquent taxpayer, or heirs, or distributees of the same, to enforce the tax lien and to collect such taies as may be due up to date of filing such bill, and they may make twenty or less delinquent parties to said bill. And such cause shall be conducted and tried as other Chancery causes, and such delinquent on recovery by complainant in such cause shall be taxed in addition to other costs of the cause the sum of two and one-half dollars ($2.50) each, and ten per cent of the amount of the taxes delinquent to cover solicitors' fees for complain- ants, and this shall be a lien on the property ordered sold. The certificate of the said Tax Collector attached to the list of delinquents turned over to the Board of Mayor and Aldermen by him, to the effect that after diligent search he has failed to find any personalty on which to levy for said taxes, shall be prima facie evidence that the delinquent taxpayer has no personal property on which to levy for said taxes. Such sales made by the Chancery Court may be made on a credit of seven months, barring the equity of redemption. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Skc 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it- Passed March 24, 1905. E. RICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Governor. — 272 — CHAPTER 126. Senate Bill No. 185. AN ACT to be entitled "An Act to authorize the Mayor and Aldermen of the City of Jackson to execute ten interest- bear- ing notes of said city, said notes or the proceeds thereof to be used In paying for a new pump for the waterworks." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Mayor and Aldermen of the City of Jackson be, and they are hereby, authorized and empowered to execute ten promissory notes of said city, each note to be in the sum of twenty-five hundred dollars ($2,500), making a total of twenty-five hundred dollars ($2,500) principal, said notes to be numbered consecutively from one to ten inclusive and payable one each year respectively after date of issuance — to-wit: The first of said notes to be payable one year after date of issuance, the second note to be payable two years after date of issuance, and so on with the entire series, note number ten maturing ten years after date of execution. Said notes or the proceeds thereof to be used in purchasing or paying for a new six-million-gallon pump now bein# installed in the Waterworks Plant of said city, and for no other purpose. Sec. 2. Be it further enacted, That the notes to be executed as herein authorized shall bear interest at a rate not exceeding five per cent per annum, payable semi- annually, but no interest shall be paid without proper re- ceipt being given therefor, and the payment and date thereof being stamped upon said note. And none of said notes shall be delivered, transferred, or assigned for less than the face value of the same. Sec. 3. Be it further enacted, That before the execu- tion of said notes the Mayor and Aldermen of said city shall by ordinance passed at a regular meeting or a special meeting to be called for the purpose, prescribe the form of said notes, fix the dates of issuance and maturity, and direct what disposition shall be made of the same or their proceeds. Said notes shall be executed by the Mayor of — 273 — said city, who shall sign the name of the municipality by himself as Mayor, and they shall be stamped with the cor- porate seal of the city. Sec. 4. Be it further enacted, That said Board of Mayor and Aldermen shall have the power to pledge the faith and property of said city for the payment of the principal and interest of said notes, and to levy and col- lect taxes on the taxable property within the corporate limits of said city to meet and pay the interest on said notes as it falls due, and to pay the principal when the notes mature. Sec. 5. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 23, 1905. E. RICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives, Approved April 4, 1905. JOHN I. COX, Governor. CHAPTER 127. Senate Bill No. 261. A BILL, to be entitled "An Act to authorize Fentress County to issue bonds for the purpose of building a courthouse, and to provide for and restrict the expenditure of the funds raised by the sale of said bonds.'1 Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the County of Fentress be, and is hereby, authorized to issue bonds of the said county in a sum not to exceed fifteen thousand dollars ($15,000) ; Provided, that the County Court of said county, assem- bled in regular quarterly session, shall, by a vote of a majority of the Justices of the Peace comprising said court, vote for the issuance of said bonds ; the said bonds when so issued to be sold, and the funds derived from such sale to be used in building a courthouse in the town of Jamestown, Tennessee. 18 — 274 — I Sec. 2. Be it further enacted, That the said bonds shall be signed by the County Judge of Fentress Comity and countersigned by the County Court Clerk of said county, with his official seal affixed to the same; and said . bonds shall be in such denominations as the court shall direct; Provided, however, that no bonds shall be issued in denominations less than one hundred dollars ($100), nor more than one thousand dollars ($1,000), and they shall be numbered consecutively in the order of issuance, beginning at one. Sec. 3. Be it further enacted, That each of said bonds coupons. shall have attached to it interest coupons showing the amount of annual or semi-annual installments of interest, as the court directs, and when the same falls due, which coupons shall be signed in the same manner as the bonds, but without the seal of the court, and they shall show on their face the number of the bond to which they are at- tached. Sec. 4. Be it further enacted, That said bonds shall Time to run, mature at any time fixed by the said county before their interest, etc. issuance ; Provided, that the time of maturity shall not exceed twenty (20) years; and that the said court shall fix the time when the interest on said bonds shall be due and payable, whether annually or semi-annually, and the said court shall also, before the issuance of said bonds, fix the rate of interest, not to exceed four (4) per cent per annum ; and that the said bonds or any part thereof may be redeemed at any time during the period for which they are issued, after the expiration of the first five years, upon the order of the said court, by giving thirty (30) days notice to the holders of said bonds by publication of said notice in some newspaper published in said county, which notice shall enumerate the bonds to be redeemed, beginning, always, with the lowest numbered bond out- standing, and said notice when so published shall be an estoppel of interest on the bonds enumerated in said notice. Sec. 5. Be it further enacted, That it shall be the interest and ^uty °^ ^e sa*^ Quarterly Court to annually levy a tax sinkiog fund upon the taxable property and polls of said county for the purpose of paying the interest on said bonds and to create a sinking fund for the payment of the said bonds when they become due. The Judge of the County Court of said county shall keep in a well-bound book the number and denomination of e#ch and every bond issued, to whom — 275 — issued, and a record of all the interest coupons and bonds redeemed or paid, and he shall make settlement with the County Trustee upon receipts and disbursements in the same manner as he does with regard to the county funds. Sec. 6. Be it further enacted, That the proceeds aris- ing from the sale of said bonds shall be paid into the County Treasury as a special fund, and shall be kept separate and apart from all other accounts; and the Trustee shall give a special bond for this fund, and shall pay the same out upon the warrant or order of the County Judge, which warrants or orders shall be issued by the County Judge upQn the certificate of the Building Com- mission as the work progresses, except twenty (20) per cent of the estimates shall be retained until the entire work is completed and the building accepted by the said Commission. Sbc. 7. Be it further enacted, That the Quarterly BllUdlng Com. Court shall, at its next regular term after the passage of ^"^"b0 this Act, appoint or elect five (5) Commissioners, to be theCouDty known as the Building Commission. It shall be their duty to employ architects to draw plans for the said court- house and to receive sealed bids for the contract of erect- ing the same. And they are hereby invested with power to select plans for the said courthouse, but under no circumstances to select plans for a building which will cost more than the issuance of bonds made by the said Quarterly Court, in pursuance with this Act And after the financial arrangements have been made, the said Build- ing Commission is empowered to let the contract for theBids_how building of the said courthouse to the lowest and best taken, bidder. It shall be the duty of the said Building Com- mission to exact a good and solvent bond from each bid- der, the same to be filed with the sealed bids. And no bid shall be received or considered" unless accompanied by the bond, which said bond shall be approved by the County Judge and shall provide for the faithful performance of the contract in every manner. The said Commission shall make reports to each term of the Quarterly Court which meets during the course of the erection of the said court- house, and the members of the said Building Commission shall receive such compensation as the said Quarterly Court deems proper. Sec. 8. Be it further enacted, That no bond herein provided for shall be sold for less than its par value. — 276 — Sec. 9. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 23, 1905. E. EICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representative*. Approved April 4, 1905. JOHN I. COX, Governor. CHAPTER 128. Senate Bill No. 181. A BILL to be entitled "An Act to create and establish School District No. 17 in the County of Dickson, and define bounda- ries thereof/' Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a School District be estab- lished in the County of Dickson, bounded as follows: All that portion of the Thirteenth School District lying north of a line beginning at the point where the Fifth School District crosses the Nashville, Chattanooga & St. Louis Railroad, and running westwardly with said rail- road to the southwest corner of the W. H. Trummin's tract of land, including the W. H. Trummin's tract of land and of the north boundary line of the Sixteenth School District. Said district shall be known as the Seventeenth School District of Dickson County, Ten- nessee. Sec. 2. Be it further enacted. That J. B. Burgie, B. F. Hurt, and Sam Lamastus be, and hereby are, con- stituted School Directors of said School District No. 17 until the first regular election for electing School Direct- ors or Commissioners under the general law governing such school districts. — 277 — Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 24, 1905. E. RICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Governor. CHAPTER 129. Senate Bill No. 155. A BILL, to be entitled "An Act to authorize and empower the County of Sumner to purchase, extend, or construct turnpike roads, and make them free roads, and to issue bonds for the purpose of paying for the same; and to submit the question of the issuance of the bonds to a vote of the people of said county, and to levy and collect a tax to pay said bonds and the interest thereon, and to levy and collect a tax to raise money to purchase, build, extend, or maintain turnpike roads. " Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the County of Sumner be, and is hereby, authorized and empowered to purchase, upon such terms as it may see fit, any turnpike road or roads, or any part thereof, which may be situated within the territorial limits of said county, and when so pur- chased the same shall become free roads, and no toll or other charge shall ever be made or collected for travel thereon. Sec. 2. Be it further enacted. That said County of May extend Sumner is further authorized and empowered to extend rottdSp the line of road of any turnpike which it may purchase to any point it may be desired to extend it; Provided, it shall not go beyond the territorial limits of the county; and in making said extension or extensions it is author- ized and empowered to build or construct the road in . such manner or of such material as it may see fit; and said county is further authorized and empowered to build — 278 — Bonds may issue. Annual tax. or construct a turnpike road or roads in any portion oj| the county it may desire and of such material and in such manner as it may deem best. Sec. 3. Be it further enacted, That if said county shall purchase the road of any turnpike company regu- larly chartered and organized under the laws of the State of Tennessee, it shall not be held to have thereby assumed any of the duties or liabilities imposed by such charter or the laws of the State of Tennessee, or any contract of such turnpike company, but the said county shall only purchase and succeed to the rights of property in the turnpike road itself, and shall hold the same free of all encumbrances of any sort. Sec. 4. Be it further enacted, That said county may provide all or any part of the money with which to pay for said road or roads, their extension, construction, or maintenance, by taxation ; or in lieu thereof, or in addition thereto, it may issue, not exceeding one hundred thousand dollars ($100,000) in negotiable, interest-bearing, coupon bonds, payable not longer than thirty years from date, and bearing interest at a rate not exceeding five per cent per annual, and having appropriate interest coupons thereto attached. Said bonds may be made redeemable by the county at its option, before their maturity, upon notice to the bond holder given by publication or other manner to be specified on the face of said bonds. The said bonds, or their proceeds or such portion of them as may be issued, shall be used to pay for any turnpike road that may be purchased, or in paying for the extension of any of such turnpike roads, or in the construction of such manner or of such material as it may see fit; and said bonds or their proceeds shall not be used for any other purpose. Said bonds, whether used to pay for said roads or their extension or the construction of turnpike roads directly or sold for cash, shall not be disposed of at less than their par value. Sec. 5. Be it further enacted, That said county, through its legally constituted authorities, is hereby au- thorized and empowered to levy and collect a tax annually for the purpose of raising money with which to purchase, extend, construct, or maintain turnpike roads, or with which to pay any bonds and the interest on same that may be issued under the authority of this Act, which tax shall at no time be more than twentv cents on the one hundred dollars of taxable property in said county in — 879 — any one year, and in the assessment and collection of which all taxable property, real, personal, or mixed, in said county, shall be burdened and charged alike, and property, within the limits of any incorporated town in said county shall be burdened and taxed along with all other property, and no exception or exemption of any taxable property shall be allowed. Skc. 6. Be it further enacted, That the powers con- An authority in fened upon said county by this Act shall "be exercised court? by and through its County Court, at any quarterly term thereof, by a majority of the Justices present ; Provided, there be a quorum present. Said Quarterly Court may adjourn to any day desired for the purpose of considering the question of the purchase, extension, or construction of turnpike roads, or any question connected therewith. And it is further provided that a special term of the said court may be called and held at any time the Chairman of said court may think such special term necessary, and said Chairman is hereby authorized to call a special term of the court whenever, in his opinion, the necessities of the case require it, to consider any question connected with the purchase, extension, or construction of said turnpike roads, or the levy of the tax, or the issuance of the bonds authorized hereby; Provided, he shall publish a call for fcid special term in any newspaper published in Gallatin, Tennessee, not less than fifteen days before the court is called to meet Said court, in determining the question as to whether it will purchase, extend, or construct any turnpike road, shall proceed in such manner as it may appear advisable, and it is hereby authorized and em- powered to make any and all contracts necessary or proper to be made in the matter of the purchase, extension, or construction of any turnpike road, and to bind the county accordingly. Sec. 7. Be it further enacted, That there shall be court to elect elected by the County Court of said county at its quarterly commi88ion- meeting on the first Monday of January, 1906, three turn- pike Commissioners, whose terms of office shall be one, two, and three years respectively, or until their successors we elected and qualified, and on the first Monday of Jan- wry of every year thereafter one Turnpike Commissioner shall be elected by said court, whose term of office shall he three years, or until his successor is elected and quali- fied. Before entering upon the discharge of his duty, each and every Commissioner shall execute a bond with — 280- Powers and duties Election to be held. approved security in such amount as may be fixed hy said court, conditioned to faithfully discharge the duties of his position and account for all money or other property that may come into his hands by virtue of his office, and he shall also be required to take and subscribe to an oath before the Clerk of the County Court that he will faith- fully discharge the duties of his position, and that he will not be or become interested directly ot indirectly in any contract- in connection with the purchase, building, or maintenance of any turnpike road in said county, which oath shall be filed and preserved in the office of the Clerk of the County Court. The said Commissioners shall be invested with such powers and shall perform such duties as may from time to time be vested in them by order of said court, duly entered upon the minutes of the same. They shall receive no compensation, except such as may be allowed by said County Court. And said court is authorized to fill any vacancy that may occur by reason of the death, resignation, removal, or other cause of any Commissioner, and is authorized to remove any Commis- sioner for any reason that may be thought sufficient 6y said court. Sec. 8. Be it further enacted, That before any bonds shall be issued hereunder, there shall be opened and held by the Commissioners of Election for the County of Sum- ner, or other person or persons authorized by law to hold elections in said county, an election after giving notice of the time, and in the manner now required by law in gen- eral elections, for the purpose of determining whether the qualified voters of said county favor the issuance of not exceeding one hundred thousand dollars ($100,000) in interest-bearing, coupon bonds, for the purpose of pro- viding money to pay for the purchase, extension, or con- struction of turnpike roads in said county, and at such election the qualification of the voters shall be the same as at general elections for the selection of State or county officers, and shall be held in the same manner. That at such election those who favor the issuance of the bonds shall have written or printed on their tickets the words "For bonds," and those opposed to the issuance of the bonds shall have written or printed on their tickets "Against bonds." Said election shall be held by said Elec- tion Commissioners whenever request therefor is made by the County Court of said county, through its Chairman* — 281 — ind at such time as may be fixed and designated by said court. Sec. 9. Be it further enacted, That after the Com- Bet*™ to be miasioners of Election shall have received and canvassed ^untycourt the returns of such election, it shall be their duty to file clerk- t report in writing with the Clerk of the County Court of said county, showing the number of votes cast in said election 'Tor free pikes" and the number of votes cast "Against free pikes," and which report shall be submitted by the Clerk to the next meeting thereafter of the Quar- terly County Court, and the said report shall be copied on • the minutes of said court, and shall be final and con- clusive as to the number of the respective votes cast at such election. If it shall appear from the said report of said election a majority of the votes cast were "For free pikes,." then the issuance of said bonds is authorized. If it shall appear, however, that at such election a majority of the votes cast were "Against free pikes," the said Quarterly Court may make demand of said Commissioners of Election to hold another election, similar to the first election in all respects, fixing a time in said demand for the holding of the same ; Provided, however, that no other election shall be held upon this proposition until after the expiration of six months' time from the date of said first election. Sec. 10. Be it further enacted, That if it shall becourttodeur- determined to issue the bonds, or any of them, as provided torun!lme in this Act, the County Court of Sumner County shall determine the length of time said bonds shall run, the fate of interest they shall bear (all within the limits pre- scribed in Section four (4) hereof), the denominations in vhich they shall be issued, and whether they shall be subject to call or redemption before maturity, and if so, after what time, and may provide for the sale or negotia- tion of the same. Said bonds when issued shall be signed How8ignedi by the Chairman of the County Court of Sumner County, and attested by the Clerk of the County Court, with the fcal of the court attached ; and the bonds shall be num- bered consecutively, beginning with number one. For their services in the execution and issuance of said bonds, said Clerk and Chairman shall receive no compen- sation, except such as may be allowed by order of the? County Court of said county. 8«c. 11. Be it further enacted, That the proceeds of Ate aale of said bonds shall be paid into the office of the — 282 — county Troiue County Trustee, who shall execute a receipt for all monej Moo2dseot bo received by him, which receipt shall be filed with the bonds. Clerk of the County Court and by him entered upon the minutes of said court. This money shall be kept separate and distinct from all other funds in the hands of said Trustee, and shall be paid out only upon the warrant oJ the Chairman, as other county funds in his hands arc disbursed. Said Trustee shall receive as his compensation for receiving, disbursing, and being responsible for said fund one-fourth of one per cent of all amounts disbursed by him out of said fund. Sec. 12. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed; and that this Act take effect from and after its passage, the public welfare requiring it. Passed March 23, 1905. E. RICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Governor. CHAPTER 130. Senate Bill No. 279. AN ACT to enable the town of Humboldt, in Gibson County, Tennessee, to issue bonds for the purpose of erecting a new school building in said town for white school children, or repairing or remodeling the present school buildings in said town, and also to refurnish or to replenish the present school furniture in said buildings, and providing for an election to be neld in said town to carry into effect this Act. Section 1. Be it enacted by the General Assembly of the. State of Tennessee, That the town of Humboldt, in Gibson County, Tennessee, be, and the same is hereby, authorized and enabled to issue and sell interest-bearing, coupon bonds in a sum not to exceed twelve thousand dol- lire ($12,000), the proceeds of which shall be used for the purpose of erecting a new public school building in said town for white children, or repairing or remodeling the public school buildings in said town and the furnishing of said buildings. Sec. 2. Be it further enacted, That before the issu- Election to be ance of any bonds under the authority of this Act, the SoncraSE Board of Mayor and Aldermen of said town shall first doners, cause to be held an election in said town, and shall notify the Election Commissioners of Gibson County, Tennessee, of the time and place of the holding of the said election ; said Election Commissioners shall proceed to appoint judges and clerks and officer of said election, prepare the ballots, and notify the Registration Commissioners, and said election to be held under and in accordance with the regular election laws of the State of Tennessee, except it shall be the duty of the said Election Commissioners after receiving and canvassing the returns of the said election to certify the result of the said election to the Board of Mayor and Aldermen of said town, and if it appear that a majority of the votes cast in said election be in favor of the issuance of said bonds, the Board of Mayor and Aldermen shall proceed to issue said bonds as hereinafter provided. The Board of Mayor and Aldermen shall direct the City Marshal of said town to advertise the said elec- tion by printed hand bills at least twenty (20) days prior to the date of the said election, said printed hand bills to state the purpose of the said election. The ballots to be Ballots. (This used in said election shall contain the words "For bonds" wrreSJ? and the words "Against bonds," and those voting in said printed> election in favor of the issuance of the bonds shall mark the ballot with a cross (X) mark before and after the words "For bonds," and those voting in said election against the issuance of bonds shall mark the ballot with a cross (X) mark before or after the words "Against bonds." Only legally qualified voters residing within the corporate limits of the town of Humboldt will be permitted to vote in said election. Skc 3/ Be it further enacted, That said bonds shall Bonds-how he issued on the order of the Mayor and Aldermen ; shall iMued- fe signed by the Mayor and Secretary of the Board of Aldermen ; and that the bonds issued under this Act shall fe of sueh denomination, bear such a rate of interest per annum, not to exceed six per cent, and mature at such times and places as the Board of Mayor and Aldermen — 284 — Town Treas- urer to be custodian of bonds. Funds— how expended. Record to be kept by Secretary. shall determine by ordinance. Said bonds and interest shall be payable in lawful money of the United States of America. The Board of Mayor and Aldermen shall pro- vide by ordinance for the sale of said bonds. Sec. 4. Be it further enacted, That upon the issuance of the bonds under this Act the Treasurer of said town shall receive and receipt for the same and retain the cus- tody of said bonds, pending a sale and delivery of the same to the purchaser; that after the said bonds shall have been sold the proceeds of the sale of said bonds shall be placed with the said Treasurer of the said town as a separate fund for the purposes set out in this Act, and shall be paid out by him as hereinafter directed; the Treasurer of said town shall be required to enter into a special bond, payable to the Board of Mayor and Aldermen of said town, and to be approved by said Board, in double the amount of-said bond issue, for the faithful handling, safe-keeping, properly paying over and accounting for such funds; the said Treasurer to receive a commission of one-fourth of one per cent for the said services. Sec. 5. Be it further enacted, That the Board of Edu- cation of said town and the Board of Mayor and Alder- men of said town shall constitute a joint board or com- mittee, who shall have the sole power, and it shall be their duty, to have prepared plans and specifications for the buildings to be erected, repaired, or remodeled under the provisions of this Act ; contract for the erection, repairing, or remodeling said buildings, and furnishing the same, said joint board or committee may appoint sub-committees from among the members of said joint board or commit- tee, and the Secretary of the Board of Aldermen shall be the Secretary of said joint board or committee, and the Mayor of said town shall be the Chairman of said joint board or committee ; the Treasurer of said town shall pay out the funds arising from the sale of the said bonds on the order of the Chairman and Secretary of the said joint board or committee and as directed by said joint board or committee. Sec. 6. Be it further enacted, That it shall be the duty of the Secretary of the Board of Mayor and Alder- men to keep in a well-bound book a record of all bonds issued under this Act, showing date of issuance, number of bonds, amounts, time to run, when matured, number of coupons, and when they are payable. — 285 — Sec. 7. Be U further enacted, That all laws and Acts heretofore enacted by the General Assembly of the State of Tennessee, authorizing the said town to issue bonds for school purposes, and under which no bonds have been issued or sold by said town, be, and the same are hereby, repealed. Sic. 8. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 24, 1905. E. RICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Governor. CHAPTER 131. Senate Bill No. 184. AN ACT to be entitled "An Act to extend the corporate limits of the City of Jackson, a municipality incorporated under the flame of the Mayor and Aldermen of the City of Jackson, so w to include therein certain territory lying south of the present corporate line of said city and east of Chester's LeTee." Section 1. Be it enacted by the General Assembly of (he State of Tennessee, That the corporate limits of the City of Jackson, a municipality incorporated under the name of the Mayor and Aldermen of the City of Jackson, are hereby extended from a stake in the present corporate line of said city at the intersection of the east margin of Boyal Street and the north margin of Magnolia Street at the southwest corner of the Waterworks lot, south eighteen hundred and eighty feet, parallel with Chester's I*vee, to a stake sixty feet north of the north hank of the Forked Deer River ; thence east two and one-half degrees, wuth thirteen hundred and sixty feet, to Taylor's west line; thence north about nineteen hundred feet to the north line of Magnolia Street, at a point in the present — 286 — corporate line of said city, so as to include within the corporate limits of said city the ahove described territory. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it- Passed March 23, 1905. E. RICE, Speaker of the Seriate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 4, 1905. JOHN L COX, Governor. CHAPTER 132. Senate Bill No. 248. AN ACT to amend the charter of Lookout Mountain, so as to change limits thereof and enlarge the powers of said corpora- tion. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 1, of Chapter 197, of the Acts of 1899, passed March 29, 1899, and ap- proved April 3, 1899, be amended as follows: Strike out the words, "Thence westwardly with the south line of said right of way to the point where- said line intersects the southern line of the right of way of what is known as the narrow-gauge railway; thence with the southwestern line of said right of way of said narrow- gauge railway to a point near the Point Hotel." And, in lieu of said words so stricken, insert the following lan- guage : "Thence southwardly with the top of the bluff to the State line between Tennessee and Georgia; thence west along said State line to the top of the bluff on the western side of the mountain ; thence along the top of the western bluff of the mountain to a point on the western line of the right of way of the electric railway near Sunset Rock, where said western bluff intersects said right of way; thence with the western line of said right of way to a point near the Point Hotel. " — 287 — Sec. 2. Be it further enacted, That Article 12, Sec- tion 4, of said Act, be amended by striking out the word "thirty," and inserting in its place the word "fifty." Sbc. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed; and that this Act take effect from and after the 1st day of April, 1905, the public welfare requiring it Passed March 24, 1905. E. KICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Governor. OHAPTEE 133. Senate Bell No. 196. AN ACT to establish and create a School District in the Twenty- first District of Gibson County, Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a special school district, to be known and designated as Union Academy District No. 68, be established in the Twenty-first Civil District of Gibson County, Tennessee, with the following lines and boundaries : Beginning on the north fork of the Forked Deer River (Stults' old mill stand), and running thence in a northerly direction with the road out to the Dyersburg and Trenton Road; thence north across the farms of J. T. Hunt and Allen James' hrs., crossing into the Dyer and Hanton Road, and running with said road on the east line of Bob Collins' farm; thence west to Tabernacle Road; thence north with said road to the South Creek to Mud Creek ; thence with the meanderingB of Mud Creek to the north fork of the Forked Deer River; thence with said river to the beginning. — 288 — Sec. 2. Be it further enacted, That the school district created by the first section of this Act shall have all the rights, privileges, and emoluments, and be governed by the same laws and rules that govern, control, and regulate other districts in Gibson County, and that T. B. Fisher, S. D. Davidson, O. T. Fletcher are hereby appointed. School Directors of this special school district, and shall serve until the next regular election for School Directors in Gibson County, Tennessee, at which time three Direct- ors shall be elected by the qualified voters of this special school district and successively thereafter at every regu- lar election for School Directors in Gibson County, Ten- nessee. Sec. 3. Be it further enacted, That the Trustee of Gibson County, Tennessee, be, and is hereby, authorized to apportion to this special district, created by this Act, all funds now on hand or to be collected not yet appor- tioned, in proportion to the scholastic population of said special school district, which funds shall be subject to the orders of the School Directors of this special district. Sec. 4. Be it further enacted, That all laws or parts of laws in conflict with this Act are hereby repealed, so far as it may affect this Act; and that this Act take effect from and after its passage, the public welfare re- quiring it Passed March 24, 1905. E. RICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives, Approved April 4, 1905. JOHN I. COX, Governor. — 289 — CHAPTER 134. Senate Bill No. 64. AN ACT to amend an Act entitled "An Act to provide for the organisation of corporations/' approved March 23, 1875, so as to provide for and authorise the organisation of acetylene gas companies for the manufacture and sale of acetylene gas. Section 1. Be it enacted by the General Assembly of ike State of Tennessee, That the Act entitled "An Act to provide for the organization of corporations," approved March 23, 1875, be so amended that any five or more per- sons over the age of twenty-one years may apply for and obtain a charter of incorporation for the manufacture of acetylene gas. Sec. 2. Be it further enacted, That the form of char- ter for acetylene gas companies shall be as follows : State of Tennessee, Charter of Incorporation. Be it known that (here insert the names of five or Pom# more persons over the age of twenty-one years) are hereby constituted a body politic and corporate by the name and style of (here insert name of corporation and amount of capital stock). The business of said company shall be to establish and construct gas works in or near the city, town, or village of (here insert the name of the city, town, or village) foT the manufacture of acetylene gas and the distribution and sale of the same. The general powers of said cor- poration are (here set forth the powers set out in Section 5, Chapter 142, of the Acts of 1875). Sec. 3. Be it further enacted* That, in order to en- special powers able the company to establish such gas works, it is hereby authorized and empowered to lay down pipes and extend conductors through ,the lanes, streets, and alleys of the town or city in which it is located ; but in such manner, however, as to produce the least possible inconvenience to the city, town, or village, and the inhabitants thereof, and to travelers ; and in order to lay such pipes and conduce tors the company is authorized and empowered to take np pavements and sidewalks, but it is hereby required to relay and repave same with the least possible delay; 19 — 290 — Provided, however, that no one of the lanes, streets, or alleys of any incorporated town shall be entered upon or used by the company for laying pipes and conductors, or otherwise, until the consent of the municipal authorities shall have been first obtained and an ordinance shall have been passed prescribing the terms on which the same may be done. Sbc. 4. Be it further enacted, That the said company shall have the privilege of erecting, establishing, and con- structing acetylene gas works, and manufacturing and vending acetylene gas in the city, town, or village in which the company is located ; and that said company be authorized to charge a reasonable price for its product; Provided, however, that said company shall never charge the authorities of such city, town, or village more per cubic foot for acetylene gas than it is receiving at the same time from the people. Seo. 6. Be U further enacted, That the works of said company shall be so constructed and the operations so managed that no nuisance shall accrue therefrom affecting the health or comfort of the inhabitants of the city, town, or village where located; Provided, that nothing herein shall be construed so as to absolve the company, its officers or agents from any legal proceeding, to restrain any nuisance arising from such works or operations. Sso. 6. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed March 27, J905. E. RICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Chvernor. — 291 — CHAPTER 135. Senate Bill No. 313. AN ACT to authorize the town of Bells, Tennessee, to issue bands for the purpose of improving and furnishing the present school buildings, or for the purpose of buying a new site and erecting thereon a new building or buildings, and furnishing and equip pn g the same. Section 1." Be it enacted by the General Assembly of Amount and ike Stale of Tennessee, That from and after the passage purp0Mi- of this Act, it shall be lawful for the Board of Mayor and Councilmen of the town of Bells to issue coupon bonds in the manner and under the restrictions hereinafter pro- vided, in the sum of not to exceed ten thousand dollars ($10,000) ; Provided, said bonds or their proceeds shall be used exclusively for the purpose of improving and famishing and equipping the present school building and property, or for the purpose of purchasing a new site, erecting a new building or buildings thereon, furnishing and equipping the same in such manner as may be de- termined by the corporate authorities of said town. Sec. 2. Be it further enacted, That all bonds issued Denomination under this Act shall be of such denomination, bear such fnter«8tof rate of interest, not to exceed six per cent per annum, be due in sixteen years, and payable, both principal and interest, at such time and place as the corporate authorities may determine, and be payable in lawful money of the United States. The said town of Bells may retain the right to call in and pay off the principal of said bonds at any time after ten years from date of their issuance, said call to be made by said Board of Mayor and Councilmen, and be posted conspicuously in the town of Bells, and also pub- lished for four consecutive issues in some newspaper pub- lished in said town ; and no interest shall accrue on said bonds so called after the expiration of thirty days, the termination of the publication so made. Sbo. 3. Be it further enacted, That the bonds pro-g^^^^p^ vided for in this Act shall in no case be sold for less than par or face value, and no commission whatever shall be paid for the sale of said bonds. — 292 — Bond election to be lint Sec. 4. Be it further enacted, That said Board of interest *nd Mayor and Councilmen shall provide and levy, by ordi- •inkingfund nanoe> a tax upon all the taxable property and privileges in said town of Bells, to pay the interest on said bonds as the same accrues, and in like manner provide a sinking fund wherewith to retire said bonds, by levying a special tax in addition to the tax that can now be levied under the charter powers of said town, to be designed as the sinking fund tax, both said interest and sinking fund tax not to exceed one hundred cents on the one hundred dollars ; the tax to be levied, collected, and used exclusively for the pur- pose levied. Sec. 5. Be it further enacted, That said bonds shall not be issued unless so ordered by a vote of the majority of the qualified voters of said town of Bells, voting at an election to be held for that purpose by order of the Board of Mayor and Councilmen of said town of Bells. Said election shall be held at any time, or at as many times, as said Board of Mayor and Councilmen may deem neces- sary, and the said Board of Mayor and Councilmen may submit the question of the issuance of a portion of said bonds at one election, and another portion at another election, until the whole amount of said bonds herein pro- vided for are ordered to be issued. At least thirty days' notice shall be given of any elec- tion ordered to be held under this Act, by publication in some newspaper published in said town of Bells. And those voting for the proposition shall have written or printed on their tickets "For bonds," and those voting against the proposition shall have written on their tickets "Against bonds." And if a majority of the votes cast in the election shall be for the proposition, bonds to the amount specified in the ordinance, or such part thereof as shall be necessary to carry out the purpose of this Act, shall be issued. If any proposition be defeated at an election held to test the will of the said voters in reference thereto, then it may be resubmitted at any time after the expiration of six months. Said election or elections shall he held at such time or times as the Board of Mayor and Council- men of said town of Bells may designate, and shall be held at the same place and by the same officers as other corporate elections for said town and within the same hours. Ballots. — 293 — Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed March 28, 1905. E. KICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Governor. CHAPTEK 136. Senate Bill No. 233. AN ACT to change the line between Lincoln and Moore Counties. Section 1. Be it enacted by the General Assembly of fke State of Tennessee, That the line between the counties of Lincoln and Moore be changed so as to include what is known as the Dave Wagster Place on Chestnut Ridge, con- taining about two acres, more or less, and being the same place which Joe Stevenson recently purchased from said Wagster, within the limits of Lincoln County. Sec 2. Be it further enacted, That this" Act take effect from and after its passage, the public welfare requiring it. Passed March 27, 1905. E. RICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Governor. — 294 - CHAPTEE 137. Senate Bill No. 47. AN ACT to repeal Chapter 99 of the Acts of 1893 entitled " An Act to create the Second Circuit Court of Shelby County! and to define its jurisdiction." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 99, of the Acta of 1893, approved April 10, 1893, entitled "An Act to create the Second Circuit Court of Shelby Comity, and to de- fine the jurisdiction," be, and the same is hereby, repealed Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 27, 1905. E. EICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Governor. — 295 — CHAPTER 138. Senate Bill No. 48. AN ACT to repeal Chapter 62 of the Acts of 1893, approved April 1, 1893, entitled "An Act to make the Judge of the Probate Court of Shelby County, and his successors in office, the Judge of the Second Circuit Court of Shelby County, and defining his powers." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 62, of the Acts of 1893, approved April 1, 1893, entitled "An Act to make the Judge of the Probate Court of Shelby County, and his successors in office, the Judge of the Second Circuit Court of Shelby County, and defining his powers," be, and the same is hereby, repealed. Sic. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 31, 1905. E. BICE, Speaker of the Senate. W. K ABEENATHY, Speaker of the House of Representatives. Approved April 4, 1905. JOHN L COX, Governor. — 296 — CHAPTER 139. Sbnatb Bill No. 260. AN ACT to authorize the Mayor and Aldermen of the City of Chattanooga to issue its bonds for the purpose of paying the indebtedness incurred for grounds purchased for public parka, public schools, the erection of public school buildings, and to build, open, and improve streets and sewers. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Mayor and Aldermen of the City of Chattanooga be, and it is hereby, authorized in its corporate capacity to issue its bonds, to be signed by the Mayor and countersigned by the Auditor of said city, to an amount not exceeding in the aggregate two hundred and seventy-five thousand dollars ($275,000), of which bonds one hundred and twenty-five thousand dollars ($125,000) shall be issued for the purpose of pay- ing off the indebtedness heretofore incurred by said city in the purchase of grounds for public parks, for public schools, and for the erection of public school buildings, and one hundred and fifty thousand dollars ($150,000) of said bonds shall be issued for the purpose of building sewers, and building, opening, and improving streets in said city ; Provided, however, that said bonds shall not be issued until an election is first held in said City of Chat- Election to be tanooga of the qualified voters thereof, and until a nia- Eilction by jority of the qualified voters voting in said election shall commission- have> by their ballots, voted in favor of the issuance of said bonds; Provided further, that said election shall be held within one year from the date of the passage of this Act ; and Provided also, that the date of said election shall first be fixed by resolution of the General Council of the said City of Chattanooga. And on the passage of said resolution, it shall be the duty of the Commissioners of Kegistration of Hamilton County to call and hold an election in the same manner as other elections are now called and held by law for the purpose of determining the question of the issuance of the bonds aforesaid. On the Ballots. tickets or ballots used in said election there shall be written or printed the words "For School and Park — 297 — Bonds," "Against School and Park Bonds;" "For Street and Sewer Bonds," "Against Street and Sewer Bonds." And the voter shall express and indicate his will in the tune manner as now required by law in regular or gen- end elections ; and the voter may vote for or against either one or both sets, or series, of said bonds, as he may desire. And in the event a majority of the voters voting in said election shall declare by their ballots in favor of the imance of both sets, or series, of said bonds, then the said City of Chattanooga shall have the authority to issue its bonds to an amount not exceeding two hundred and seventy-five thousand dollars ($275,000). But, should only one set, or series, of said bonds carry, then said city shall have the authority to issue the set, or series, of bonds thus carried : and the failure of one set, or series, of bonds shall in no wise affect the validity of the set, or series, of bonds which may receive a majority of the votes cast in said election. Sec. 2. Be it further enacted, That said bonds and Denomination, interest shall be payable in lawful money of the United uSfloron, 8tates, shall be executed in denomination of one hundred eto- dollars ($100), or multiples thereof, no single bond to exceed one thousand dollars ($1,000), and shall run for a period not to exceed thirty years from the date of the is- snance thereof, and shall bear a rate of interest not to ex- ceed four and one-half per cent per annum, as the Gen- eral Council of said city of Chattanooga shall by resolution determine, said interest to be payable semi-annually, and to be evidenced by eoupons in the usual form ; and in no case shall said bonds be sold for less than par. Sec. 3. Be it further enacted, That in the event of Name, style the issuance of both sets, or series, of bonds herein author- ofbo^dJ!0*68 wed to be issued, the same shall be known as the "School, ?«k, Street, and Sewer Bonds of the City of Chattanooga, of 1905." But should only one set, or series, of said bonds be issued, then the same shall be known as the "School and Park Bonds, of the City of Chattanooga, of 1905," or "Street and Sewer Bonds 'of the City of Chat- tanooga, of 1905," as the case may be. And the pro- wedB of said bonds shall be used exclusively for the pur- ple for which they are authorized to be issued ; and in no event shall the proceeds arising from one set, or series, of bonds be used for any other purpose than the one for *hich the same was issued. — 298 — Sxo. 4. Be it further enacted, That it shall be the duty intemt »nd °* ^e corporate authorities of the said City of Chattanooga stoking fund for the year 1905 and for each succeeding year thereafter, to make provision in the tax levy for the interest to become due on such bonds as may be issued under the authority of this Act, and for a sinking fund which will be sufficient with its accumulation, as nearly as may be estimated, to meet the principal indebtedness at its maturity. Sbo. 5. Be it further enacted, That the Sinking Fund sinking Fund Trustees, now provided for by law, for the City of Chat- dati^To'T tanooga shall have charge of the sinking fund to be raised for bonds hereby authorized to be issued, and their powers and duties in reference to these bonds and in the management of the sinking fund shall be the same as those prescribed and defined for said Trustees by an Act passed March 20, 1873, Chapter 59, entitled "An Act to pro- vide for the issuance of bonds by cities," except that said Trustees shall have the money at six per cent interest, and shall not purchase any bonds therewith, except the bonds authorized to be issued under this Act; and the said Trustees shall give such bonds, from time to time, as the General Council of said city shall prescribe. Sec. 6. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed March 30, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Governor. — 299 — CHAPTER 140. Senate Bill No. 108. AN ACT to amend the charter of Newborn, it being Chapter 450 of the Acts of 1901, so as to extend the corporate limits. Section 1. Be it enacted by the General Assembly of fte State of Tennessee, That the Acts of 1901, Chapter 450, being entitled "A Bill to incorporate the town of Uewbern, in Dyer County, and to define its powers and provide for the election of officers," be, and is, amended so as to extend the limits of the said corporation in the following manner: Beginning at a stake four chains west of the southwest Boundaries, corner of the cemetery lot, same being now one of the southwestern corners of the said corporation ; thence west- ward with Q. Shumate's north line to a stake in the south- west corner of H. C. Porter's lot ; thence north to a stake to the present corporation line ; thence on west and north with the present corporation line to a stake in A. D. Code's lot, forty poles west of the present most westerly southwest corner of the said corporation; thence north sixty poles to a stake in J. G. Wynne's field, northwest from his house; thence forty poles to the present cor- poration line; thence on with the present corporation tine to a stake in the northwest corner of Ben Haskins' lot; thence on north to a stake twelve poles north of the lake Ferry Road ; thence east to a stake in the west side of the Sharps Ferry Road ; thence south along the side of the said road to the present corporation line ; thence with the present corporation line to the northwest corner of a five-acre lot, purchased by the Mayor and Aldermen of Newborn for school purposes; thence east with the north line of said lot to a stake in the Yorkville Road; thence south with the said road to the present corporation — 300 — Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 24, 1905. E. RICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Governor. CHAPTER 141. Senate Bill No. 33. AN ACT authorising the officers and members of a Lodge of the Order of Knights of Pythias to purchase, own, hold, or take by deed or otherwise, ground or real estate for the purpose of building a hall thereon, or to purchase, or to take by deed or otherwise, suitable lots and buildings, or to erect a build- ing or hall upon their lots, and to purchase, own, hold, or take by deed or otherwise, ground for burial purposes; and to veer the title to same in such officers and members and their suc- cessors for the use and benefit of the lodge, and to authorize the issuance of evidence of indebtedness, secured by mortgage or deed of trust on said real estate, to pay for same, or for the purposes set forth in this Act. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the officers and members of a lodge of the order of Knights of Pythias may purchase, own, hold, or take, by deed or otherwise, such quantity of ground or real estate for the purpose of building a hall, or for a burial place, as may be deemed necessary by such officers and members, or to purchase, own, hold, or take, by deed or otherwise, a lot and building, or lots and buildings, for the purpose of converting the same into and using same as a suitable hall. The deed, or other in- strument, shall vest the legal and equitable title to the — 301 — said real estate in such officers and members and their successors, in the name of the lodge, and for its use and benefit Sec. 2. Be it further enacted, That all lodges of the Power to ^m order of Knights of Pythias shall have authority and S3S5S& power to issue evidences of indebtedness, bearing legal interest, secured by a mortgage or deed of trust on the said real estate, for the purpose of purchasing a suitable building or buildings for hall purposes or of erecting a bnilding or hall upon their lots, or for the purpose of converting a building or buildings into a suitable hall, or for the purpose of improving or repairing the same, or furnishing the same, or for the purchasing and paying for grounds for burial purposes ; and all of said lodges, which shall issue evidences of indebtedness under the pro- visions of this Act. are empowered to execute a mortgage op deed of trust upon said real estate to secure and make certain the payment of the indebtedness thereby secured. Such lodges are further empowered, through its proper officials, to execute a mortgage or deed of trust upon any real estate owned by them for the purpose of borrowing money to purchase ground for such burial place, or ground for erecting or remodeling, improving, or repairing a building suitable for hall purposes? as provided for in this Act, or for repairing or improving the same when- ever it may become necessary, or to secure the payment of any indebtedness already contracted for, as authorized under the terms of this Act. Sec. 3. Be it further enacted, That the Chancellor Execution of Commander of the lodge shall have authority and power to Sence!*1" execute and issue said evidences of indebtedness, to exe- cute any mortgage, deed of trust, transfer, or other con- veyance provided for in this Act, whenever he has been in- structed by a meeting of his lodge to do so ; and all such evidences, indebtedness, mortgages, deeds of trust, or other conveyances provided for in this Act shall be executed by such Chancellor Commander in the name of the lodge, and shall be attested by the Keeper of Records and Seal of such lodge under its seal. Neither said Chancellor Commander, nor said Keeper of Records and Seal, nor any member of said lodge, shall be individually liable for *ay of the indebtedness incurred by authority of or men- tioned in this Act. — 302 — Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 28, 1905. E. RICE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives* Approved April 4, 1905. JOHN I. COX, Governor. CHAPTER 142. Senate Bill No. 281. AN ACT to authorize the town of Collierville, Shelby County, Tennessee, to Issue bonds for the purpose of erecting and maintaining an electric light and power plant, and water system. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Board of Mayor and Aldermen of the town of Collierville, Shelby County, Ten- nessee, is hereby authorized and empowered to issue nego- tiable, interest-bearing bonds of the denomination of one hundred dollars to the amount of ten thousand dollars ($10,000), or such part thereof as they shall find neces- sary, and to negotiate and sell the same for the purpose of raising money for improving the present waterworks, and for erecting in said corporation an electric plant and system to furnish light, heat, and power; and the wires of said plant may be extended to outlying territory from the town of Collierville, so as to furnish said territory with said light, heat, or power. But said bonds shall not be sold for less than par value, and the rate of interest on said bonds shall not exceed six per centum per annum, payable annually. Sec. 2. Be it further enacted, That said bonds shall How issued— be signed by the Mayor and Register of said Board, and time to run, ^u mature ^ twenty years from date of issue; the said — 303 — town reserving the option to pay or redeem the same, or any part of them, at any time after the expiration of five years from date of issue. The said bonds shall be num- bered in consecutive order as they are issued, com- mencing with one, and ending with one hundred, if ao many shall be issued, and shall be bound in sub- stantial book form, with a suitable stub for each bond, upon which stub shall be entered the number, date and amount of the bond, the date of its issuance, date of ma- turity, rate of interest, to whom issued, and the amount paid therefor, also the date when such bond is redeemed or paid. Sec. 3. Be it further enacted, That the said Board of interest and Mayor and Aldermen are hereby authorized to levy and tlx!cing fnnd collect annually a special tax in said town to create a fond to pay the interest and also to pay off and redeem the said bonds herein authorized to be issued. And the said Board of Mayor and Aldermen may set aside a por- tion of the net earnings of said electric plant and water- works as a fund to be used to redeem said bonds. Sbo. 4. Be it further enacted, That when any of said bonds are called in for redemption and payment, notice shall be given by said municipality to the holder of such bonds personally, or by three publications in a newspaper published in Shelby County, Tennessee, to present same for payment on a day fixed, at least thirty days after such personal notice or after the last publication above provided for; and if the same be not presented at the time so named, interest thereon shall cease, and shall not be col- lectable from that date. Sec 5. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 20, 1905. E. EIOE, Speaker of the Senate. J. J. BEAN, Speaker pro tern, of the House of Representatives. Approved April 4, 1905. JOHN I. COX, Governor. — 304 — CHAPTER 143. House Bill No. 407. A BILL to be entitled "An Act to create and establish a School District, to be known as School District No. 25, in the County of Williamson, to define the boundaries thereof, and to pro- vide a Board of Directors for said district" Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a school district, to be known as School District No. 25, be created and established in the County of Williamson, bounded as follows — viz. : Beginning at Keuben Anglin's, in the Second Civil District of said county, and running north to the west prong of South Harpeth at the mouth of Cash Hollow; thence west to the Lick Creek Eoad, near R. Owens', in the First Civil District; thence with said road to J. A. Prewitt's ; thence down the creek to the forks of Younger's Branch ; thence south to Shoal Branch, at Daniel Fisher's ; thence southeast to Frank Harris7, in the Second Civil District; thence northeast to the beginning, and so as to include in said district the lands of the persons above named. Sec. 2. Be it further enacted, That J. W. Hendrix, G. A. Green, and Reuben Anglin, as Directors, be, and they are hereby, created and constituted Directors of said School District No. 25, to serve as such until the next regular election for electing School Directors in William- son County. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 30, 1906. W. K. ABERNATHY, Speaker of the .House of Representatives. E. RICE, Speaker of the Senate. Approved. JOHN I. COX, Governor. — 305 CHAPTER 144. House Bill No. 280. AN ACT to create and establish an Independent School District in Washington County, and define the boundary thereof. Section 1. Be it enacted by the General Assembly of ike State of Tennessee, That a school district be estab- lished in the Fourth and Eighth Civil Districts of the County of Washington, and bounded as follows: Beginning at the Joe Harris farm, running straight to the John Borin farm ; thence straight to Thomas Keplin- gies' farm; thence straight to the John Miller farm; thence straight to the Fannie Hoss farm; thence to the beginning, being part of the Fourth and Eighth Civil Districts of Washington County, Tennessee. Said district will be known and remembered as the Nineteenth School District of said county. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed March 30, 1905. J. J. BEAN, Speaker pro tern, of the House of Representatives. E. RICE, Speaker of the Senate. Approved. JOHN I. COX, Governor. — 306 — CHAPTER 145. House Bill No. 282. A BILL to be entitled "An Act to create a special School District at and near Bellwood, in Wilson County, Tennessee.** Section 1. Be it enacted by the General Assembly of the State of Tennessee^ That a special school district, No. 31, be created and established at and near Bellwood, in Wilson County, from the Seventh, Eighth, and Ninth Civil Districts, with boundaries defined as follows: Beginning at the point where the Rome and Lebanon Boundaries. Turnpike intersects the line between Smith and Wilson Counties, and running with said line to and including farm of E. C. Maxey; thence northwest to and including farm of Mrs. Ruth Massey; thence southwest to and in- cluding farm of L. W. Baird ; thence west running with meanderings of County Road to Carder's Church (col.) ; thence west with the meanderings of County Road to and including farm of Mrs. Lee Miller ; thence running with said road to the farm of Mrs. Polly T alley; thence west to and including the farm of J. M. Bradshaw; thence southeast to farm of John L. Bass, including farm of E. A. Elam; thence with meanderings of Big Spring Road to farm of J. C. Ragland ; thence east to and including farm of James T. Green ; thence east to and including farm of Alfred L. Baines ; thence northeast to and including farm of John Caplenor ; thence to the county line with its mean- derings to point of beginning. Sec. 2. Be it further enacted, That T. B. Harding, L. A. Green, and B. R. Purnell be, and are hereby, appointed the first Board of Directors for this district, and that they exercise all the power as such to which the laws entitle them until their successors are elected or appointed ac- cording to law. — 307 — 8bc. 3, Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed; and that this Act take effect from and after its passage, the public welfare requiring it. Passed March 30, 1905. J. J. BEAN, Speaker pro tern of the House of Representatives. E. RICE, Speaker of the Senate. Approved. JOHN I. COX, Oovernoi\ CHAPTER 146. House Bill No. 169. AN ACT to provide a system of highways and improved high- ways for counties in this State having a population of not less than twenty thousand nine hundred and twenty, nor more than twenty-two thousand and seventeen, under the last or any subsequent Federal Census. Section 1. Be it enacted by the General Assembly o/ThliAotap. fte State of Tennessee, That the Quarterly Courts of tho g***^ several counties embraced in this Act shall have general county, supervision of the public roads and bridges, subject to the provisions of this enactment Sic. 2. Be it further enacted, That the public roads of this State shall be divided into four classes. Roads of the first class shall be not less than thirty nor more than sixty feet wide ; roads of the second class shall be not less than twenty-five nor more than forty feet wide; roads of the third class shall be not less than eighteen nor more than twenty-five feet wide; roads of the fourth class shall be not less than fourteen nor more than twenty feet wide. Sic. 3. Be it further enacted, That all roads shall be paded with a slope of at least one inch per foot from the ©enter outwards, and with a ditch on each side capable of running the water off. — 308 — Sec. 4. Be it further enacted, That all applications to New roadt- open, change, close, or restore to the public use any and all how opened, public roa(js jn this State shall be made by written petition to the Chairman or Judge of the County Court, signed in each case by at least five land owners of the county, which petition, in case of change, shall set forth in writing a de- scription of the road and what part thereof is to be changed or abandoned. If the petition is for a new road, the names of the owners and tenants of the land over which the road is to pass, the points at or near which it is to com- mence its general course, and the place at or near which it is to terminate, shall all be set forth in the petition. Sec. 5. Be it further enacted, That previous to the Notice to be filing of any petition mentioned in the preceding sections, glven# ten days notice shall be given in writing to all persons owning or controlling land to be affected by the proposed change. Said notice shall state the time when said petition is to be presented to the Chairman or County Judge, the substance thereof; and a copy of said notice, with the re- turn of the officer serving same, shall be filed with the petition. Sec. 6. Be it further enacted, That when said petition is presented to the Chairman or County Judge he shall appoint three disinterested freeholders as commissioners to view the route and assess damages if there be any. Sec. 7. Be it further enacted, That it shall be the duty Commissioners °f sa*d Commissioners to view the ground along which the to view route, j^^ j9 proposed to be conducted, and to view both the old and the new routes, if a change of road is proposed ; they may examine other routes than that set forth in the peti- tion, and shall report to the Judge or Chairman of the County Court in favor of the route they prefer, with rea- sons for their preference. Said Commissioners shall determine what will be a just compensation to each owner and tenant for the land pro- posed to be taken, the additional fencing which will be thereby rendered necessary, and if a person has an estate for life or years in the land and the remainder belongs to another the Commissioners shall apportion the damages between them. Sec. 8. Be it further enacted, That said Commission- Beportof com-ers 8^a^ return a report in writing signed by them to the missioned. County Chairman or Judge, stating the convenience or inconvenience which will result to individuals and the pub- lic from the opening, change, or discontinuance of the roa4 — 309 — The report shall state the commencement and termination, courses and distances of any proposed road, or alteration, so that the same can readily be found and located. The value of the land sought to be appropriated for the establishment of the road, or change, and the amount of damages which should be paid, and to whom, shall be stated. The Judge or Chairman shall, if deemed necessary, direct the County Surveyor to attend the Commissioners and make out and return a map or diagram of the routes viewed. Sec. 9. Be it further enacted, That at the first day of county court the next term of the County Court after the filing of the *****<»** report of the Commissioners, the Judge or Chairman of the County Court shall hear the whole case and may either grant or reject the application, or take such other action aa may be deemed advisable. If the application be to open or change a highway, damages may be assessed either against the county or petitioners, as the court may adjudge. If against the county, the Chairman or Judge of the County shall draw a warrant in favor of the ag- grieved party for the amount of said damages, and said warrant shall be paid by the Trustee out of the road fund of the road section in which said road is, or if there be no fnnd to the credit of said road section, then out of the County fund. If against the petitioners, the Court will give judgment against them and execution will issue for same. The cost will be adjudged as the Court deems proper. Sec. 10. Be it further enacted, That an appeal may be taken by any aggrieved party within ten days after the * action of the Court to the Supreme Court of the State, which shall hear and decide the case upon the record trans- mitted from the County Court. Sec. 11. Be it further enacted, That the position of Position of Koad Commissioner is hereby abolished, and road dis- SusloneS" tricts in the counties to which this Act is applicable are aboli8hed- likewise abolished. It shall be the duty of the Quarterly Court at the Janu- system of road aiy term, 1906, and at the January term each two years thereafter to divide the highways of their respective coun- ties into road sections, and fix boundaries for the same. At the same time the Court shall appoint an overseer for each road section, who shall hold his place for two years, and under whom all hands residing in his territory shall sections and overseers. — 310 — work. The order appointing overseers and defining road sections shall be entered on the minutes of the court, and published twice in a newspaper at the County seat, having the largest circulation, or if the Court deem necessary in two newspapers at the County seat, which publication shall be sufficient notice to the overseers of their appointment. It shall be a misdemeanor on the part of any overseer to fail to act or to discharge his full duty, after such notice. The overseers heretofore appointed shall serve for the year 1905, and the road sections shall remain as now es- tablished until January, 1906. Sec. 12. Be it further enacted, That the overseer shall natiat of l* a person subject to road duty. He shall be exempt dur- ovtrtMn. ing Ins term from jury service, from payment of poll tax, and from actual road labor, and shall receive no other compensation. He shall not be required to serve more than one term in three, and if he discharge his duty faithfully shall be exempt from road duty for two years following the expiration of his term of office. He shall have charge of the highways and bridges upon his section, and shall super- intend the road hands while at work. It shall be his duty to preserve the road tools committed to his care, to take them to and from the place where they are to be used by the road laborers, and to turn them at the expiration of his term over to his successor, whether damaged by use or not, taking a receipt for them. All road tools shall be pur- chased by the Judge or Chairman of the County Court on application of the overseer in whose section they are to be used. The check for their payment shall be drawn against the road section, if there be money on hand to the credit * of the section ; if not, then against the County Treasury. The overseer shall receipt for the tools obtained by him in a book to be kept in the office of the Chairman of the County Court, or County Judge, and in his annual report as to delinquent road hands shall state what road tools are in his possession. Broken or damaged tools must be kept and turn over to the overseer at cost price. The overseer shall promptly notify the Chairman or County Judge of any unexpected damages to roads on his section, and the Chairman or County Judge shall have same repaired at the cost of section or County, as above provided. It shall be the duty of the road overseer to report to the Attorney General of his County the names of all persons placing obstructions on a highway or in the ditches of his section, and it is hereby made the duty of the State's offi- — 311 — ear to prepare indictments against such persons for the con- sideration of the next grand jury. In case of failure of any overseer to comply with all the provisions of this Act, he shall be guilty of a misde- meanor and punished accordingly. Sec. 13. Be it further enacted, That all male residents wbo subject to of the County between the ages of twenty-one and fifty TOAd duty- years shall be subject to road duty, except such as have been released by the County Court for physical disability. Six days' labor shall be performed on the highways each year. Eight hours of actual labor shall constitute a day's work. The hands of each road section shall be notified by the overseer of their section five. days before he will begin work, the time and place he will start, and at the end of each day's work he will notify them of the next day he will work, and the place and time he will begin. It shall be the duty of the overseer to work all roads in his section, and if the same are not worked he will be guilty of a misde- meanor and dealt with accordingly. The overseer shall keep a list of all hands belonging toLlgtofbandi his section, and at the end of each day will make a note w^j **u°* of those who work faithfully, those who fail to do good work, work, and those who fail to appear at all. On the first Thursday in June, October, and February of each year he shall mail or bring this list to the Chairman or Judge of the County Court, who shall present the same to the Attor- Bey General of the Court or Circuit at the next succeeding term of the Circuit Court. The Trustee of the County shall at each term of the Circuit Court of his County pre- sent to the Attorney General a list of the road hands of each road section of the County that have commuted for Ms labor, as hereinafter provided by this Act All persons who have neither commuted nor paid by the first Thursday in July of each year for which service is due, are hereby declared to be guilty of a misdemeanor, and it is hereby made the duty of the Attorney General to prepare and D5£y GeterS". present to the Grand Jury indictments against said delin- quent road hands for their consideration. The State offi- cer at the same time shall prepare indictments against any overseer failing to report as herein required for the con- sideration of the Grand Jury, and any overseer failing to *port as herein required shall be deemed guilty of a mis- demeanor and punished accordingly. If the delinquents, one or more, plead guilty, the court shall fine them one dollar for each day's delinquency, together with all costs, Commutation road money. — 312 — and on failure to pay or secure the fine and costs they shall be committed to the workhouse of the County and work the same out as in other cases ; if there be no work ? house, then to the County Jail. If an overseer plead guilty of neglect of duty, he shall be fined five dollars and costs for such neglect and committed to the workhouse or jail if same is not secured or paid. If they plead not guilty the Court shall try them as in other misdemeanor cases. In no cases shall the County be taxed with any part of the cost in proceedings against delinquent road hands. Sec. 14. Be it further enacted, That any person liable to road duty may commute for same by payment to the County Trustee of his County six dollars by the first day of June of each year. After this time he shall not be per- mitted to commute at any price. The County Trustee shall, when he receives commutation road money, enter in a book to be kept for the purpose, the civil district, road, and section of the person commuting, and the sum paid shall be placed to the credit of the road section to which said person had been assigned to work. For keeping this account the Trustee shall be entitled to such commission as he receives for collecting and disbursing the County revenue fund. Sec. 15. Be it further enacted, That it shall be the duty of the County Court, at any quarterly session, to make appropriations for improving highways when the work cannot be done by the overseer and his hands. Sec. 16. Be it further enacted, That any person sub- ject to road duty must either work himself or commute the same, and cannot work by substitute. Sec. 17. Be it further enacted, That the road overseers are authorized to hire teams to work to road scrapers in h1rTt£m!.ay their section, if the same cannot be furnished by road hands. The bill for hiring said teams shall be ratified by the overseer and presented to the Judge or Chairman of the County Court, who shall draw "his warrant on the County Trustee for same to be paid out of the highway fund of that road section; Provided, no teams shall be hired by any one overseer for more than six days' work on his road section. Sec. 18. Be it further enacted, That this Act shall only apply to counties in this State having a population of not less than twenty thousand nine hundred and twenty, nor more than twenty-two thousand and seventeen, under the last or any subsequent Federal Census.* — 313 — Sec. 19. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it.# Passed March 30, 1905. W. K ABERNATHY, Speaker pro tern, of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 4, 1905. JOHN L COX, Governor. CHAPTER 147. House Biia No. 498. A BELLi to be entitled "An Act to amend the charter of the City of Chattanooga, set out in the Acts of the General Assembly of Tennessee of 1869-70, Chapter 4; and Acts 1889, Chapter 29; Acts to Extra Session 1890, Chapter 1; and Acts 1899, Chapter 216, and Acts 1901, Chapter 432, bo as to extend the corporate limits, and annex additional territory of the City of Chattanooga; to provide for the government of the same, and the issuance of bonds for public Improvements in said an- nexed territory." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the charter of the City of Chattanooga, set out in the Acts of the General Assembly of Tennessee of 1869-70, Chapter 4; Acts 1889, Chapter 29; Acts Extra Session 1890, Chapter 1 ; Acts 1899, Chap- ter 216, and Acts 1901, Chapter 432, and said Acts be, And they are hereby, amended as hereinafter provided : That the corporate limits of the City of Chattanooga, a Boundarie8. corporation and body politic by the name and style of the Mayor and Aldermen of the City of Chattanooga, be extended so as to embrace parts of the present Fifth and Tenth Civil Districts of Hamilton County, contiguous to said city, described as follows : Commencing at the inter- section of the present corporation line of the City of Chat- tanooga with the south line of Harrison Avenue; thence eastward along said south line to the west line of the right of way of the Chattanooga Belt Railway; thence south- — 3U — wardly along said west line of said right of way to the % south line of E. Fifth or Carolina Street (extended) ; thence eastwardly along the south line of said E. Fifth or Carolina Street (extended) to the west line of Hawthorne Street; thence northwardly along the west line of Haw- thorne Street to the north line of Clio Street; thence east- wardly along the north line of Clio Street to the east line of Lociist Street or Orchard Knob Avenue ; thence south- wardly along the east line of Locust street or Orchard Knob Avenue to the south line of said Carolina Street; thence eastwardly along the south line of Carolina Street to the west line of Maple Street ; thence southwardly along the west line of Maple Street to the south line of McCallie Avenue ; thence eastwardly along the south line of McCal- lie Avenue to the west line of Lyerly Street ; thence south- wardly along the west line of Lyerly Street to the south line of Chamberlain Avenue ; thence westwardly along the south line of Chamberlain Avenue to the east line of Maple Street ; thence southwardly along the west line of Maple Street to the south side of the alley running east and west between Chamberlain and Bailey Avenues; thence eastwardly along the south line of said alley to the west line of Lyerly Street ; thence southwardly along the west line of Lyerly Street to the north line of Montgomery Avenue ; thence westwardly along the north line of Mont- gomery Avenue to the west line of Holly Street; thence Boundaries northwardly along west line of Holly Street to the north line of George Street ; thence westwardly along the north line of George Street to a point one hundred and forty (140) feet west of Euohs Crossing; thence northwardly paralel to said Kouhs Crossing to the north line of Mon- tague Street ; thence northwardly to the intersection of said Montague Street with the east boundary line of the lands of the United States Government surrounding the Nation- al Cemetery ; thence southwardly along the said boundary line to the southeast corner of said lands or reservation ; thence westwardly along the south line of Baid lands to the present corporation line of the City of Chattanooga; thence northwardly along the said corporation line to the place of beginning; Provided, however, that this Act shall not take effect until there shall have been an election in the City of Chattanooga, and also an election in the above described territory to be annexed, and at each of said elec- tions a majority of the ballots cast shall have been in favor of such annexation. The elections in the City of Chatta- — 315 — nooga and the territory to be annexed shall be held within sixty days after the approval of this Act by the Governor. Ten days' notice of said elections shall be given by the Commissioners of Registration of Hamilton County, by at least two advertisements in some newspaper or newspa- pers published in Chattanooga, and said elections shall be held and conducted as other elections are now required by law to be held. The ballots used at said elections shall con- tain, in substance, these words : "Election on day Ballotg of , 1905, to determine whether part of the Fifth and Tenth Civil Districts of Hamilton County shall be annexed to the City of Chattanooga, and the issuance of seventy-five thousand dollars of bonds, pursuant to the terms of am Act relative thereto, passed by the General Assembly of Tennessee, on the day of , 1905, and approved by the Governor on the day of , 1905." 'Tor annexation and issuance of seventy-five thousand dollars of bonds." "Against annexation and issuance of seventy-five thou- sand dollars of bonds." And the voter shall signify his will by putting a X mark opposite "For annexation and issuance of seventy-five thousand dollars of bonds," or "Against annexation and issuance of seventy-five thousand dollars of bonds." At such election in tie City of Chattanooga every person qualified by existing laws to vote in an election for Mayor of said city shall be entitled to vote. In the notice of. election the Board of Registration Commissioners shall designate one voting place in the territory to be annexed ; all residents of the territory to be annexed qualified to vote in any general election for Justice of the Peace shall be entitled to vote in such election. The said Commissioners of Registration shall report five days after said election, and if at said election the majority of votes cast in the City of Chattanooga and the majority of votes cast in said territory to be annexed shall have been in favor of annex- ation and the issuance of said bonds, the said Mayor shall within five days, by written proclamation thereof, pub- lished in two newspapers published in Chattanooga, de- dare that said territory has been annexed to the City of Chattanooga, and thereupon said annexed territory shall become a part of the corporate area of the City of Chatta- nooga, and said bonds shall be issued, as provided in this Act — 316 — Number of Ward and Aldermanic District and School Dis- trict. Sec. 2. Be it further enacted, That the charter of the City of Chattanooga, as set out in the Acts of the General Assembly of the State of Tennessee of 1869-70, Chapter 4, and amended in Acts of 1889, Chapter 29; Acts 1899, Chapter 216, and Acts of 1901, Chapter 432, and all other Acts heretofore passed amending said chapter, are hereby amonded so as to constitute the above described territory, when annexed, the Ninth Ward and the Fourth Aider- manic District and the Fourth School District of the City of Chattanooga, and entitling the same to the same repre- sentation in the City Government as each of the Aider- manic Districts, Wards, and School Districts now have. And at the next meeting of the Board of Aldermen after the proclamation by the Mayor of the annexation of said territory, as above provided, said Board shall elect one Alderman to represent said Fourth Aldermanic District in said Board until the next regular election of members of said Board; and at the next meeting of the Board of Councilmen of said city there shall be elected by said Board two Councilmen to represent said Ninth Ward in said Council till the next regular election of members of said Board. At the regular city election in October, 1906, and at each biennial election thereafter, there shall be elected by the qualified voters of said Fourth Aldermanic District one member of the Board of Alder- men, and at the regular city election in October, 1905, and at each biennial election thereafter, there shall be .elected two Councilmen for said Ninth Ward, to hold for two years, so that the terms of said Aldermen and Councilmen will conform and expire at the same time as the terms of Aldermen and Councilmen expire under the present and existing government of the City of Chatta- nooga. Said Aldermen and Councilmen shall possess all of the qualifications and be free from the disqualifications required by the charter of the City of Chattanooga, and shall be resident freeholders in said Aldermanic District and Ward, and be required to give bond and to subscribe to the same' oath as now required for Aldermen and Coun- cilmen, and receive the same compensation. Sec. 3. Be it further enacted, That upon the annexa- tion of said territory, the Council of the City of Chatta- ^bfeteoteS™ ^°°ga shall elect two School Commissioners, residents of byconnoii. BSL^ Fourth School District, for said Fourth School Dis- trict, in the manner now provided by law, to hold office till the next regular election of School Commissioners for Representa- tepi tic Pint School — 317 — Chattanooga, and at such regular election shall elect one Commissioner for two years and one for four years, and thereafter shall elect one Commissioner every two years to hold for four years, so as to comply with the present sys- tem of electing School Commissioners, and not more than one of Commissioners shall be elected from the majority same political party. Sec. 4. Be it further enacted* That for the purpose of improvement building and repairing sewers, streets, and schoolhouses, {J^i*0 ** and for other public purposes, within the territory above, when annexed, the Mayor and Aldermen of the City of Chattanooga is hereby authorized and empowered in its corporate capacity to issue, and it shall upon the annexa- tion of said territory as above provided issue, its bonds, signed by its Mayor and countersigned or attested by its Auditor, and under the corporate seal, to the amount of seventy-five thousand ($75,000) dollars, payable in law- ful money of the United States. Said bonds may be exe- cuted in denominations of one hundred dollars and multi- tiples thereof, no single bond to exceed one thousand ($1,000) dollars, and shall run for a term not exceeding thirty years from the date of issuance and bear interest at a rate of not exceeding five per cent, as the Board of Mayor and Aldermen shall decide by ordinance, payable semi-an- nually, as evidenced by coupons attached, and said bonds shall not be sold for less than par. Sec. 5. Be it further enacted, That said bonds shall be to be expended known as the "Highland Park Improvement Bonds of terraitoryXed the City of Chattanooga of 1905/' and the proceeds thereof shall be used exclusively by the Board of Public Works of the City of Chattanooga, for the improvement of sewers, streets, schoolhouses, and other public purposes in the above described territory, when annexed to the City of Chattanooga, and for no other purpose. To accomplish this end, the Treasurer of the City of Chattanooga shall deposit the proceeds arising from the sale of said bonds in some bank or banks in Chattanooga, to be designated by the Mayor of said city, and upon such conditions as to the security from said bank or banks for said deposit as the Mayor may require, and the Treasurer shall issue to the Board of Public Works of Chattanooga, upon its warrants showing the work done in this, territory, checks upon said bank or banks, from time to time, to pay for the above mentioned public improve- i ments in said new territory when annexed, but for no — 318 — other purpose; all said checks must be countersigned or indorsed by the Mayor of said city before being paid by said bank or banks ; Provided; no taxes for municipal pur- poses shall be collected on any property in said annexed territory until the bonds provided for above shall have been first issued and sold and the proceeds therefrom deposited as provided herein. Sec. 6. Be it further enacted, That it shall be the duty intemtand °* ^e c^P0™*6 authorities of the City of Chattanooga ■taking fund for the year 1905, and for each succeeding year thereafter, to make provision in the tax levy, and to levy a tax, for the interest to become due on said bonds, and for a sinking fund, which will be sufficient with its accumulations, as near as may be estimated, to meet the principal indebted- ness at its maturity, and the sinking fund Trustees, as now provided for the City of Chattanooga, shall have charge of the sinking fund to be raised for the payment of said bonds. The execution and delivery of said bonds by the authorities of the City of Chattanooga, as above pro- vided, shall be exclusive evidence that all the requirements of this Act as to the issuance of said bonds have been com- plied with. Sec. 7. Be it further enacted, That it shall be unlaw- ful for any person to open or keep a saloon or other place where any spirituous, vinous, malt, or other intoxicating liquors are sold or dispensed in the above described terri- tory, when annexed to the City of Chattanooga, and no license therefor shall be issued by the county, State, or city authorities to any person. Sec. 8. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed March 29, 1905. W. K ABERNATHY, Speaker of the House of Representatives, E. RICE, Speaker of the Senate. JOHN I. COX, Governor. Approved April 4, 1905. — 319 — CHAPTER 148. House Bill No. 406. A BILL to be entitled "An Act to create and establish a School District to be known as School District No. 24, in the County of Williamson, to define the boundaries thereof, and to provide a Board of Directors for said district" Section 1. Be it enacted by the General Assembly of fke State of Tennessee, That a School District to be known 13 School District No. 24, be created and established in the County of Williamson, bounded as f ollows — viz. : Beginning at the northwest corner of the Sallie Ridley farm in the Fourth Civil District of said county, and run- ning thence south so as to include the farms of Sallie Rid- ley, the heirs of Fitzgerald Ridley, deceased, D. B. Jones, Mis. Alice Short, John Fitzgerald, and S. N. Warren, to the Maury County line; thence eastwardly with the said county line to the eastern boundary of the Chapman farm ; thence northwardly so as to include the farms of Chapman, George Sedberry, J. B. Buckner, F. P. Brumbach, Wm. Arnold, T. L. Critz, John Wells, J. H. -Akin,, and Wm. dandle, to the line of the Tenth Civil District; thence *ert to the beginning. Sec. 2. jBe it further enacted, That F. P. Brumbach, William Veevers, and Tom Jones be, and they are hereby, created and constituted Directors of said School District No. 24, to serve as such until the next regular election for electing School Directors in Williamson County. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 30, 1905. J. J. BEAN, Speaker pro tern of the House of Representatives. E. RICE, Speaker of the Senate. Approved. JOHN I. COX, Governor. — 320 — CHAPTER 149. House Bill No. 423. AN ACT to create a special School District in the Seventh Civil District of Sevier County, and to provide for director* and government of same. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a Special School District be, and the same is hereby, created in the Seventh Civil School District of Sevier County, bounded as follows : Beginning in the Seventh Civil District of Sevier County on the banks of French Broad River; thence in a south course, including the farms of Lauretta Henderson, A. C. Atchley, S. C. Atchley, A. P. Lowe, Wm. Murrell, Boyd Clark, J. H. Murrell, J. C. Elder, to Fifth Civil District line; thence east with Fifth District line, including the farms of Jas. Maples, H. G. Frazier, Samuel Huffaker, Stafford Brothers, to W. A. Bird's; thence north, including the farms of W. A. Bird, R. E. Parks, J. C. Sims, G. P. Huf- f aker, A. R. Archer, J. M. H. Atchley, Enoch Atchley, P. W. Sarrett, and J. H. Catlett, to the French Broad River; thence with same to the beginning, including the farms of the late G. M. Maples, A. J. Kyker, Sarah Atchley, and W. D. Atchley. Sec. 2. Be it further enacted. That the* Directors of the Seventh School District be, and the same are hereby, directed and empowered to pay over to the Directors of the special School District, created by this Act, in propor- tion to the scholastic population of said special district its pro rata of all school funds in their hands at the time of the passage of this Act. Sec. 3. Be it further enacted, That the County Super- intendent of Public Instruction for Sevier County shall appoint three School Directors for said special district, who shall serve until the next regular election, when three directors shall be elected by the legal voters of said special district. Sec. 4. Be it further enacted, That upon a three-fourth affirmative vote of all the legal voters of said special dis- trict the directors are hereby empowered to levy a tax on _ sai _ all real and personal estate so as to have a sufficient fund to run the school in said special district eight months in the year. Sec, 5. Be it further enacted. That said special dis- trict be known as the Eighteenth School District of Sevier County. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed March 30, 1905. J. J. BEAN, Speaker pro tern of the House of Representatives. E. RICE, * Speaker of the Senate. JOHN I. COX, Governor. Approved April 4, 1905. CHAPTER 150. House Bill No. 87. AN ACT to promote the comfort of public travel by providing for and securing the separation of white and colored passengers on street cars. Section 1. Be it enacted by the General Assembly of Port!oll8 ^ caLf the State of Tennessee, That all persons, companies, or cor- ^J*^**; porations operating any street car line or lines in the State of Tennessee be, and the same are hereby, required, where white and colored passengers are carried or transported in the same car or cars, to set apart and designate in each car or coach so operated for both a portion thereof or certain seats therein to be occupied by white passengers, and a portion thereof or certain seats therein to be occupied by colored passengers ; ProvidedA that nothing in this Act shall 21 — 322 — be construed to apply to nurses attending children or other helpless persons of the other race; Provided, that large printed or painted signs shall be kept in a conspicuous place in the car or cars, or the parts thereof set apart or designated for the different races, on which shall be printed or painted, if set apart or designated for the white people, and it being a car so designated or set apart, "This car for white people." If a part of a car is so designated, then this sign, "This part of the car for white people." If set apart or designated for the colored race, this sign to be displayed in a conspicuous place as follows, "This car for the colored race." If any part of a car is set apart or designated for said race, then this sign as follows, "This part of the car for the colored race." Sec. 2. Be it further enacted, That the conductor or conductor may ot^er Per80n *n charge of any car or coach so operated i?OI**«l or upon any street car line shall have the right at any time, diminish i_ • i_- • j j. -a i_ * space. when m his judgment it may be necessary or proper for the comfort or convenience of passengers so to do, to change the said designation so as to increase or decrease the amount of space or seats set apart for either race, or he may require any passenger to change his seat when or so often as the change in the passengers may make such change necessary. Sbo. 3. Be it further enacted, That all passengers on passen rs to ftn^ street car line shall be required to take the seats as- be amenable signed to them, and any person refusing so to do shall leave °°n uo ' the car or remaining upon the car shall be guilty of a mis- demeanor, and upon conviction shall be fined in any sum not to exceed twenty-five dollars; Provided, no conductor shall assign any person or passenger to a seat except those designated or set apart for the race to which said passen- ger belongs. Sec. 4. Be it further enacted, That any person, oom- penaity on VRli7> or corporation failing to set apart or designate sepa- SSSttnl8 rat® portion of the cars operated for the separate accommo- dation of the white and colored passengers, as provided by this Act, shall be guilty of a misdemeanor and upon con- viction shall be fined in any sum not to exceed twenty-five dollars. Sec. 5. Be it further enacted, That nothing in this Act shall be construed to prevent the running of extra or special cars for the exclusive accommodation of either white or colored passengers if the regular cars are operated as required by this Act. oar. Sec. 6. Be it further enacted, That this Act shall take effect ninety days from and after its passage, the public welfare requiring it Passed March 30, 1905. J. J. BEAN, Speaker pro tern of the House of Representatives. E. EICE, Approved April 4, 1905. Speaker of the Senate. JOHN I. COX, Governor, CHAPTER 151. House Bill No. 312. A BILL to be entitled "An Act to establish a new School Dis- trict from portions of the Seventeenth, Nineteenth and Twenty-second Civil Districts in the County of Rutherford, State of Tennessee, and to provide for the appointment of School Directors for the same." Section 1. Be it enacted by the General Assembly of Boundaries. the State of Tennessee, That the territory now a part of the Seventeenth, Nineteenth, and Twenty-second Civil Districts of Rutherford County, State of Tennessee, and bounded as follows: Commencing at hridge on Cripple Creek on Hall's Hill turnpike in Twenty-second District ; thence east, containing the lands of Mrs. Mary Brown, to 6. H. Jones' west boundary line; thence north with said G. H. Jones' *line to Stone's River; thence northeast with said Stone's River to the southwest corner of Mrs. Jane McKnight's land; thence north to county road in Seven- teenth District ; thence east with said county road to J. T. McKnight's line ; thence north with said J. T. McKnight's line to northwest corner of Mrs. C. Floyd's land ; thence east with said Mrs. Floyd's north boundary line to county road in Seventeenth District at Word's Schoolhouse; thence south with said county road to another county road called Hall's Hill and Trimble County Road ; thence east with said county road to road leading out to Gran Todd's ; — 334 — thence south with the Gran Todd Road to Will Me- Knight's land; thence east with north boundary line of said Will McKnight's land to county road leading from HalPs Hill turnpike to Trimble Church; thence sputh with said county road to Hall's Hill turnpike ; thence east with said Hall's Hill turnpike to Eeadyvolle County Road; thence south with said county road to Andrew's Creek ; thence west with Andrew's Creek to Stone's River ; thence south t with Stone's River to B. R. Bivins' south- east corner in Nineteenth District; thence west, taking in the land of B. R. Bivins, Miss Adams, Sam Kerr, Dave Herrod's estate, A. B. Parker, John Richardson, Sud Hoover, Fayette Jennings (col.), W. F. Helton, and Mrs. Eliza Tillford, to county road; thence west (with) said county road to Cripple Creek; thence north and east with the meanderings of said Cripple Creek to the beginning, except the lands of W. D. Laning — be, and is hereby, es- tablished into a School District No. 53 of the County of Rutherford, State of Tennessee. Sec. 2. Be it further enacted, That said new district shall be entitled to their pro rata of the school fund and taxes now on hand or to be collected and due to them as the law now is. Sec. 3. Be it further enacted, That J. R. Stroop, C. O. Wright, and G. H. Jones shall be the first School Com- missioners for said district, to serve till the next election for School Commissioners. Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are hereby, re- pealed, and that this Act take effect from and after its passage, the public welfare requiring it. Passed March 29, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. JOHN I. COX, Governor* Approved April 4, 1905. — 325 — CHAPTER 152. House Bill No. 345. AN ACT to amend an act entitled "An Act to prevent the spreading of contagious or Infectious diseases among do- mestic animals, the same being Chapter 168, of the Acts of 1895," so as to give grand juries inquisitorial powers over all offenses set out in said Act. Section 1. Be it enacted by the General Assembly of tie State of Tennessee/That Section 2 of Chapter 168 of the Acts of 1895 be amended by adding the following to 3aid section : "Grand Jury is given inquisitorial powers over all offenses set out in this Act, and the Circuit and Criminal Judges of this State shall charge this matter specially to the Grand Juries/' Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 29, 1905. J. J. BEAN, Speaker pro tern of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 4, 1905. JOHN I. COX, Govern r. — 336 — CHAPTER 153. House Bill No. 427. AN ACT to incorporate the Town of Rives, and define its rig-lite and powers. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Town of Rives, Obion County, Tennessee, and the inhabitants thereof are hereby constituted a body politic and corporate by the name and style of Rives, and shall have perpetual succession. That by this corporate name and style may sue and be sued, contract and be contracted with, grant, reqeive, pur- chase, and hold real, mixed, and personal property, or dispose of same for the benefit of said town. Sec. 2. Be it further enacted, That the officers of the Officers. Town of Rives, to be chosen by the people, shall be a Mayor and six Aldermen, all of which shall be voters and citizens in said town, and they shall constitute the Town Council, and shall have powers to elect a town Mar- shal, a Recorder, and such other officers as may be nec- essary for the carrying out and executing the powers here- in granted. The election of the Mayor and Aldermen shall be held on the second Saturday in January, 1906, and every two years thereafter. The polls shall be opened at ten o'clock a.m. and close at four o'clock p.m. The election shall be held in the same way and manner, and governed by the same law, as now govern our county Election.. ^ g^ ^^[^ The parties receiving the largest vote shall be declared elected, and the Election Commissioners shall issue cer- tificates of election to the parties thus elected. Said parties to hold their office for two years or until their successors are elected and qualified. Should there be a tie vote as to Mayor, a new election shall be ordered and held in ten days. If a tie vote should occur in the election of any other office, the Mayor elect shall cast the deciding vote. — 327 — The said Town Council shall, within ten days after Election of election and being qualified, meet and organize by elect- Assessor.1111 ing one of their number Recorder and Assessor; also elect a Marshal, a Treasurer, and such other officers as they deem necessary, as hereinbefore granted, and the said Board shall require of its elective officers such bonds as they deem necessary to enforce the full performance of the duties pertaining to said officers. Sec. 3. Be it further enacted, That the qualification Qualification of voters shall be such as will render them legal voters °,voter§- for members of the General Assembly of the State of Tennessee, and all legal voters who may live without the corporate limits of said town who own as much as fifty dollars ($50^ worth of property located within the said town of Rives, the value of said property to be imputed by the Town Council. Sec. 4. Be it further enacted, That the Mayor and Board of Aldermen of the Town of Rives are hereby em- powered: 1. To enact such by-laws and ordinances as may be nee- powers and essary to preserve the health, quiet, peace, and good order MayoVand of said town, including such quarantine regulations, not Aldermen, to exceed two miles outside the town limit, as occasion may require. 2. To declare what is a nuisance and to prevent and re- move the same. 3. To levy and collect taxes upon all property within May levy taxes the corporate limits, taxable by the laws for State pur- poses and on poll; Provided, that all fields included in boundaries hereinafter given are exempt from taxation until the same is laid off into town lots or sold as such; Provided, that no levy for general corporate purposes shall exceed seventy-five cents ($0.75) on each one hun- dred dollars ($100) valuation of taxable property, and shall not exceed one dollar ($1) on polls. Said tax levy shall be made annually in the month of May, and in such way as may be provided by the Town Council for assess- ments of taxes and collection of same. 4. To appropriate money and provide for the debts and running expenses of the corporation. 5. They may provide for and establish a system of Publl080hool» public school, which shall be free from all sectarian in- fluences, and to provide for the support of same. 6. To license and tax all privileges taxable by the Laws of the State, except license to sell or tipple any intoxi- — 828 — eating liquors, including wines, ale, and beer, as a bever- age, for which no license shall be issued. 7. To regulate or prohibit and suppress theatrical and other shows and exhibitions. 8. To regulate and suppress gaming and gambling Gaming, etc houses, disorderly houses, bawdy houses, and all houses where one or more men and women meet for lewd pur- poses. They shall have power to declare all such places nuisances and suppress the same. 9. To prevent or suppress the carrying of concealed weapons or the sale of same. 10. To regulate the storage, sale, or use of firecrackers and all other fireworks, toy pistols, explosives, and com- bustibles. 11. To establish, regulate, license, and tax markets and marketers or persons selling produce or provisions in the town. 12. To impose fines, forfeitures, and penalties for the breach of any ordinance adopted under this Act, and to provide for their recovery and the arrest of any party or parties breaching said ordinances, and to provide for sentences of imprisonment in the town workhouse; Pro* vided, that no fine shall exceed fifty dollars ($50) or im- prisonment more than three (3) months. 18. To erect and keep a town prison or calaboose in which to confine all persons violating the town ordinances, Under such regulations as they may by law or ordinance adopt 14. To erect and organize a workhouse in or near the town, and provide for the committing and working in said workhouse or on the public streets or town work of any person who shall fail to pay or secure any fine and cost assessed against them for the violation of any ordi- nance, or who for any such violation may be sentenced to said workhouse, and to provide for the management and control of same. 15. To regulate or prohibit the running at large on the streets dogs or other animals. 16. To pass all ordinances necessary for the health, peace, convenience, safety, and good order of the town, and for the suppression and prohibiting of any and all acts and things made criminal by the Laws of the State, and to provide a punishment for the breach of same. 17. To condemn and take, use and appropriate any open streeti. ground necessary to widen or extend streets, avenues, or Town prison. Workhouse. alleys, but it shall pay to the owner or owners of said ground the actual damage done them, taking into consid- eration the improvement made. 18. To keep up streets, alleys, and sidewalks of said Maintain town and to fix the grade of same, to open others and abolish, widen, or extend the same, and to pass all neces- sary ordinances requiring the owners of lots to make brick, stone, or plank sidewalks in front of their property along any street, and, if the owner refuses, to provide a remedy and create a lien on said property for the same. 19. To prevent engines and trains from blocking tjie streets and alleys in said town, and to regulate their speed through the town. 20. To provide for the organization and regulation of fire companies, volunteer and otherwise. 21. To provide a system of waterworks and its control, WatePWorkg erect hydrants and pumps, construct reservoir or tank, to lay pipe for conducting and distributing water over, or to any part of, the town, and keep the same in repair and do all things necessary to provide for said town a system of waterworks for domestic, mechanical, and other purposes, and to regulate the price to be paid by private customers thereof. To provide for lighting the streets, alleys, and public places in said town. They shall have the power of granting a franchise for a telephone system within the corporation. They shall have the power and authority to grant a franchise for an electric plant and for a system of waterworks, either or both, but neither for a period of more than ten (10) years; Provided, the franchise shall be submitted to a vote of the legal voters of said town, and it shall require a two-third majority of the votes cast to ratify or make legal the franchise herein authorized for electric light and waterworks; Provided further, that the Board of Mayor and Aldermen shall order an election, giving such notice of time and manner of holding and making such regulations as they in their judgment may deem proper. 22. To pass and enforce all ordinances that may be necessary to effectuate and carry out the provisions of this Act, and do such things as will promote good health, good government, and general welfare of the town and inhabitants thereof. Sec. 5. Be it further enacted, That the compensation com^^tion of the Mayor shall be fixed by the Board of Aldermen, £a o?tle" of but shall not exceed two dollars ($2) for each regular ayor* Recorder. — 380 — meeting. • He shall preside at all meetings of the Board, unless absent, and in his absence the Board shall elect some member of the Board of Aldermen to preside in his place. He shall see that all by-laws and and ordinances of the town are properly respected and enforced, and shall have such authority and duties as the Board from time to time grant and impose. He shall try all offenders brought before him for a violation of any town ordinance, and shall have, and is hereby given, all rights, authorities, duties, power, and jurisdiction in all cases, both civil and criminal, that Justice of Peace has in Obion County; in all cases com- ing before him, he shall receive such fees as Justice of Peace receives for similar service. He shall keep a Mayor's docket book, such as is kept by the Justice of the Peace, and in the same way he shall countersign all warrants drawn on Treasurer. Sec. 6. Be it further enacted, That the Recorder shall Duties of keep an accurate minute of the proceedings of the Mayor and Board of Aldermen, issue license to merchants and license privileges and collect taxes on same as well as other taxes, and shall keep an accurate account of same in a book kept for that purpose, as well as any other funds that may come into his hands from any other source what- ever. He shall make out the town tax book at such time and under such rule as the Board may prescribe; in making out the tax book the Recorder may take the list of prop- erty, the assessed value, etc., from the assessment book of the Assessor for the present year for the State and county, also any omitted property, and fix the value there- of. The Recorder in the performance of his duty as Assess- or shall keep a book in which shall be entered all assess- ments of property and poll, and for such assessment he shall be allowed the same fee as is allowed the District Assessor for State and county. He shall be required by the Board to take an oath to faithfully discharge all the duties of his office, and shall every thirty (30) days or oftener, if required by the Board, report all money collected by virtue of his office as Recorder and Assessor to the Treasurer. The Recorder's salary shall be fixed by the Board, and saiar Axed b ^e ^ecor^er> before entering upon his duties, shall ex- Board, ecute a bond, payable to the. Mayor and Aldermen of — 331 — Rives, with good security, in such sum as the Board may prescribe. Sxc. 7. Be it further enacted, That the town Marshal Duties of be the criminal officer of the town and Chief of Police. He shall hold his office for a term of one year, until his successor is elected and qualified, unless sooner removed by the Board for good cause. He shall arrest all persons violating any one of the criminal laws of the State or or- dinances of the town for trial or examination. When in his judgment it is necessary, he shall have the power to confine any one so arrested in the town calaboose or jaiL He shall have all the power, authority, duty, and juris- powers. diction within the corporate limits of the town as to pro- cesses, civil or criminal, that Constables have, and from time to time may have. In making arrest he shall have power to call upon or summon assistance when neces- sary, and may arrest persons without a warrant when offenses are committed in his presence, or when the offend- er is about to escape beyond the limits of the town, and he may pursue the offender one mile beyond the limits of the town for the purpose of making arrests. He is hereby authorized, with warrant in his possession, to make arrest at any place in Obion County. Before entering upon the duties of his office he shall take an oath to faithfully perform the duties thereof. Sec. 8. Be it further enacted, That the town Treas- Town Trea8. urer may be one of the. Board of Aldermen. He shall urer- be the Financial Agent of said town and the custodian of the funds. He shall hold his office for one year and until his suc- cessor is elected and qualified, unless he is sooner removed for good cause. He shall, before entering upon the duties of his office, give bond in the penalty and upon conditions as the Board may prescribe, and take an oath to faithfully perform the duties of his office. Sec; 9. Be it further enacted, That the Town of separate school Hives is hereby created a separate School District, and created1. the public school in said town, known as the Rives Grad- , ing School, shall be managed and controlled by a Board of three (3) Directors, who shall be elected by the Board of Mayor and Aldermen, and who shall hold this office for twelve (12) months, until their successors are elected and qualified. -332 — Said Board of School Directors at their first meeting annually shall organize by electing one of their number Chairman and another Secretary and another Treasurer. The Treasurer, before. entering upon the duties of his office, shall give bond as the Board may require, payable to the Board of Directors of the Rives Graded School. He shall be entitled to receive from the State and county officers all moneys that said School District may from time to time become entitled to from the school fund, the same as if it was organized under the public school laws of the State. Said money to be paid to him on an order or orders drawn in his favor by the Chairman and Clerk of said Board. Said School Directors shall be governed by the State Government of Laws governing School Directors, when not in conflict with school Board t^ jg ^.. ftn(j ^jj jjave autn0rity to arrange with the School Directors of the district from which the Town of Rives is taken by this Act for the children of said School District to attend the Rives Graded School so long as the# pro rata of the State and county school funds may last, and when this State and county fund is exhausted or expended, said Board may make and fix terms and prices by which the children of said district or any other district may attend the said Rives Graded School. Sec. 10. Be it further enacted, That the Mayor and Board of Aldermen of the Town of Rives are hereby em- powered to maintain the public school interest, may an- nually levy and collect a sum not exceeding five cents on the one hundred dollars' worth of taxable property, and one dollar on polls for school purposes. Sec. 11. Be it further enacted, That all vacancies that may occur by removal, death, or otherwise in any of the Boards or offices herein created by this Act shall be filled by the Mayor and Board of Aldermen. If the office of Mayor is vacated by resignation, death, or other- wise, the Board of Aldermen shall proceed to elect a Mayor to fill the unexpired term. Sec. 12. Be it further enacted, That the boundaries Boundaries, of the incorporation of the Town of Rives be as follows : Beginning at the south end of the Illinois Central bridge across Houser Creek, on the north side of Rives; thence west to a point (in Candle's field) in direct line with the west boundary line of the Methodist church; thence south to and following the said west boundary — 833 — line, and on south to the west line of the Illinois Central Railroad Company right of way; thence southwest with said right of way to a point opposite the south boundary line of the Illinois Central Railroad stockyards; thence due south to a ditch between the lands of Mrs. C. M. Benton and Caldwell; thence east with said ditch to the east line of the Mobile & Ohio right of way; thence north with said right of way to the northwest corner of W. L. Clemmons' field ; thence east with the north boundary line of said field to Houser Creek ; thence in a northern direc- tion with said creek to the beginning. Sec. 13. Be it further enacted, That the present May- or and Aldermen of the* said corporation shall be as fol- lows: J. H. Biticks, Mayor; S. H. Dickey, J. E. House, D. H. Bond, W. L. Clemmons, J. H. McCaw, and George F. Botts, Aldermen, who shall serve said corporation un- der the provisions of the charter until their successors are elected and qualified at the election to be held for the election of said .officers as hereinbefore provided. Sec. 14. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed, and this Act take effect from and after its passage. Passed March 81, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 4, 1905. JOHN I. COX, Governor. — 334- Boundaries. CHAPTER 154. House Bill No. 429. AN ACT to incorporate the City of Highland Park, in the County of Hamilton, provide for the election of officers, pre- scribe their duties, and define the powers of said corporation. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the City of Highland Park, County of Hamilton, and the inhabitants thereof be, and are hereby, constituted a body politic and corporate under and by the name of the City of Highland Park, may sue and be sued, grant, receive, purchase, and hold real estate and personal property, and dispose of t)ie same for the use and benefit of said city, and may have and use a common seal, and change the same at pleasure. The boundary of said city herein incorporated shall be as follows : Beginning at the intersection of the north line of Montague Street with the east line of the Chattanooga, Union, or Belt Railway; thence northwardly with the east line of said right of way to the south line of Carolina or East Fifth Street; thence with the said south line of Carolina or East Fifth Street eastwardly to the west line of Maple Street; thence with the west line of Maple Street southwardly to the south line of McCallie Avenue ; thence with the south line of McCallie Avenue eastwardly to the west side of Lyerly Street; thence with the west line of Lyerly Street to the south side of Chamberlain Avenue; thence with the south line of Chamberlain Ave- nue to the east line of Maple Street ; thence with the east line of Maple Street to the south side of the alley between Chamberlain Avenue and Bailey Avenue; thence with the south line of said alley to the west line of Lyerly Street; thence with the west line of Lyerly Street south- wardly to the north line of Montgomery Avenue; thence with the north line of Montgomery Avenue westwardly to the west line of T. G. Montague's addition ; thence with said line north to the north side of Henderson Street; thence with the north line of Henderson Street to the — 335 — east line oi James Avenue ; thence with said east line to . the north line of Montague Street ; thence with said north line of Montague Street to the beginning. Sec. 2. Be. it further enacted, That the corporation aforesaid shall have full power and authority : 1. To enact such by-laws and ordinances as may be powers of the proper and necessary to preserve the health, quiet, peace, operation and good order of the city. 2. To ascertain and declare the boundaries of streets and alleys, condemn property to open same, and to grant privileges in their use. 3. To provide for the paving or improving of streets, alleys, sidewalks, bridges, sewers, and drains, and to pave or build sidewalks at the expense of owners of abutr ting property when they fail or refuse to build the same; but no one shall be compelled to pave or build a sidewalk until the city has first opened and graded the street in front of same; and the Mayor and Council are hereby empowered to compel the said property owners to make ftie said improvements by fine, imprisonment, or both, and any expense incurred by the city for work done on sidewalks, which it was the duty of the owners of the abut- ting property to have done, shall be a lien on the said abutting property superior to everything but taxes and collectable in the same manner as are unpaid State and county and municipal taxes. 4. To assess property for taxes and to levy and collect i^y taxes. by proper officers taxes upon all real and personal prop- erty and street tax, polls and privileges taxable under the State law, except as hereafter provided. 5. To appropriate money and provide for the debts and expenses of the city. 6. To provide for the organization', regulation, equip- ment, and maintenance of a fire department. 7. To provide for the lighting of streets and public buildings. 8. To provide the city with water by contract, pur- water, chase, or the erection of waterworks, either within or without the corporate limits, for corporate purposes. 9. To regulate and control the rates charged the public and the city by all quasi public corporations operating within the corporate limits, and to grant franchises to same, but no franchises shall be granted for a longer term than twenty-one years. — 336 — Liquor license. 10. To establish a system of free schools and maintain Public school*, them bj taxation and to regulate said schools. 11. To regulate tax or license and regulate the keeping or going at large of animals within the city, and to im- pound said animals, and in default of redemption sell or dispose of same. 12. To regulate, tax, or license and collect taxes from all businesses, amusements, and exhibitions, which are or shall be taxable by the State Law, as hereinafter lim- ited; Provided, that no privilege license shall issue for saloons or retail liquor dealers. Provided further, that should it hereafter become law- ful to maintain saloons within said corporate limits, not- withstanding said charter prohibition, then the privilege licenses for saloons or retail liquor dealers shall not be less than one thousand dollars ($1,000) per year, payable in advance, nor more than two thousand dollars ($2,000), and no license shall issue for a shorter time than one year. 13. To establish a Police Department for the city when necessary; and to impose fines, forfeitures, and penalties for the breach of any ordinance of the city, and to pro- vide for their recovery and appropriation. 14. To commit any person or persons who may fail or refuse to pay or secure any fine and cost imposed upon them or him, by any ordinance of the city, to the jail or workhouse of the said town, until such fine or cost be paid or secured. Every such person so committed shall be required to work for the city, as his or her health will permit, at such wages and under such regulations as may be established by ordinances ; said work to continue until such fine and costs are fully paid, and said corporation may either erect or buy a workhouse or jail within or without its limits, or may contract with Hamilton County to be allowed to commit persons to the jail or workhouse of said county upon such terms as can be agreed upon. 15. To pass all ordinances not contrary to the Consti- tution and Laws of the State that may be necessary and proper to carry out the provisions and full intent and meaning of the object of this incorporation. Sec. 3. Be it further enacted, That the officers of the corporation shall consist of a Mayor, four Aldermen, on$ from each ward, an Auditor, and Marshal; Provided, however, that the City of Highland Park is hereby divided into four wards as follows: Polio*. Commitment to secure Ones Offloen. — 337 — Fiist W*rd, bounded by the rigjit of way of the Belt wards. Bailway, Montgomery Avenue, Hawthorne Street, and Bailey Avenue Second Ward, bounded by the right of way of the Belt Eailway, Carolina or East Fifth Street, Hawthorne Street, and Bailey Avenue. Third Ward, bounded by Hawthorne and Sassafras Streets, Bailey Avenue, Lyerly Street, and Montgomery Avenue. Fourth Ward, bounded by Bailey Avenue, Hawthorne Street, East Fifth or Carolina Street, Maple Street, and Lyerly Street. Sec. 4. Be it further enacted, That within thirty meotion of days after the passage of this Act the Board of Election officers. Commissioners of Hamilton County, after giving ten days previous notice through some daily paper published in Chattanooga, Tennessee, shall hold an election in the City of Highland Park, at the usual polling place, for the purpose of electing four persons to serve as Aldermen and one as Mayor. The terms of all these officers shall be for two years, but the terms of those first elected shall expire as follows : That of Mayor on May 1st, 1907 ; that of two Aldermen on May 1st, 1906, and two on May 1st, 1907. The person receiving the largest number of votes for Mayor shall serve as such ; and the two Aldermen re- ceiving the largest vote shall serve as such for the long term, and those receiving the next highest for the short term. Hereafter all elections shall be held on the second Monday in April of each year, when two Aldermen shall \* elected each year and a Mayor every second year, and said election shall be held and conducted by the Mayor and Council under proper ordinances and regulations not in conflict with the Constitution and Laws of Ten ne&see. No person shall be eligible for the office of Mayor orwhoel, ible Alderman unless he be a citizen of the City of Highland Park, as herein incorporated, and a freeholder or house- holder of said city and otherwise qualified to vote for members of the General Assembly of Tennessee, and in case of death or removal or resignation of any officer, the Mayor and Council shall have power to fill said vacancy for the unexpired term. Sec. 5. Be it further enacted, That the said Board Appointment of Election Commissioners shall, previous to holding said election" 338 — Organization of Board. Oath of office. election for Mayor and Aldermen, appoint six respectable citizens of Highland Park, three of whom shall act as judges, and three as clerks of said election, whose duties shall be the same as other clerks and judges of popular elections. Sec. -6. Be it further enacted, That all persons living who may yote.within the limits of said corporation, who would 'be quali- fied to vote for members of the General Assembly of this State, and persons owning a freehold within the limits of said incorporation, and otherwise qualified to vote, shall be entitled to vote for Mayor and Aldermen for said corporation. Sec. 7. Be it further enacted, That within five days after their election the said Board of Election Commis- sioners shall furnish to the Mayor and Aldermen-elect certificates of their election, and it shall be the duty of said officers, upon receiving their certificates, to at once effect an organization and proceed upon the management and the control of the corporate affairs. Sec. 8. Be it further enacted, That the Mayor and Aldermen shall, before entering upon their duties as such, take an oath before some Justice of the Peace of Hamilton County to support the Constitution of the United States and the State of Tennessee, and to faithfully, uprightly, and honestly perform their duties during their term of office. Sec. 9. Be it further enacted, That the Council shall, immediately on organization, or as soon as possible there- after, elect an Auditor and a Marshal, who shall serve for two years, or for the same term of office as the Mayor during whose term they are elected. It shall be the duty of the Mayor to preside at all meet- ings of the Council, to see that all ordinances and by-laws of the corporation are enforced, to call special meetings of the Council, to make such suggestions and give such instructions in reference to the action of the Council as in his judgment will benefit the corporation; to sign all ordinances; to give orders upon the Auditor whenever directed to do so by the Council; to employ counsel in behalf of the corporation whenever, in his opinion, the same may be necessary, and to perform all duties incum- bent upon the office he occupies. Sec. 10. Be it further enacted, That a Mayor's Court Mayors court. ™ hereby created, over which the Mayor shall preside and try all cases of offenses against the by-laws and ordinances Auditor and Marshal. Duties of Mayor. — 339 — of said corporation and the peace and dignity of the city, and to this end the Mayor is vested with full power and authority to try offenses for violation of the ordinances and by-laws of said corporation, and is further vested with concurrent jurisdiction with Justices of the Peace in all cases of the violation of the criminal laws of the State, or of the ordinances or by-laws of the Council of the city within the corporate limits of said city, and for trying State offenses shall be allowed the same fees now allowed to Justices of the Peace for like services. He shall keep a regular docket in a well-bound book, the same as are kept by Justices of the Peace, and shall docket every case tried by him, and shall show amount of bills of cost of same. No appeal shall be allowed from any judgment imposing any fine for the violation of a city ordinance, except on the giving of security for the pay- ment of said fine and costs. Sec. 11. Be it further enacted, That the Mayor shall have no vote in the Council except on a tie, and no ordi- nance shall become a law if vetoed by the Mayor unless it is passed by the unanimous vote of the Council. Sec. 12. Be it further enacted, That the Auditor shall Dutje« of receive, receipt for, and be the custodian of, all the money Auditor- of the city, received from any source whatever. He shall receive from the Mayor and the Marshal all of the taxes, fines, and other money belonging to the city that may come into their hands from all sources, and shall make settlements for same, and pay out all sums ordered paid out by the Mayor under the direction of the Council, and for this and for all other purposes he shall be the book- keeper of the city, and keep all such books as the Council may direct. He shall make as many reports and state- ments monthly or quarterly as the Council may direct. He shall give bond with good securities, payable to the Mayor and Council of the City of Highland Park, and in such amount as may be prescribed by ordinances, for the faithful discharge of the duties of his office, and shall perform such other duties as the Council may direct. He shall prepare each year, as soon as the State and county books are completed, a tax book embracing all property, real, personal, and polls, within the corporate limits, sub- ject to taxation under the State laws, observing in mak- ing said assessments, the value fixed by the Tax Assessor of Hamilton County and the State of Tennessee. And he is hereby vested with the powers conferred by law on — $40 — collectors of State and county taxes, to collect same, and lands shall be condemned and sold for failure to pay taxes in accordance with the laws of the State for State and county purposes; and the Mayor and Council shall by ordinance fix the mode of collecting delinquent or back taxes. He shall issue all licenses for privileges and collect all privilege and ad valorem taxes growing out thereof. He shall keep the minutes of the Council. The salary of the Auditor shall be fixed by the Council by ordinance, but not to exceed in any one year four per cent of the receipts of his office for the said year. Sec. 13. Be it further enacted, That the Marshal, be- Doties of fore entering upon his duties as such, shall give bond with* Marshal. g^j security, payable to said corporation, in the sum of one thousand dollars ($1,000) for the faithful discharge of the duties of the office, and to account for all moneys collected by him. He shall acquaint himself thoroughly with all the laws and ordinances of the city, and it shall be his duty to rigidly enforce the same, for which pur- pose police authority is hereby given him, which he may exercise without warrant in hand. He shall have the power to execute State warrants and other processes which Constables generally have within the corporate limits, and he shall be entitled to and receive for such services the same fees allowed by law for Constables in such cases. He shall be chief of any police force or patrol or- ganization within the city. He shall have supervision and control of the work hands on the street, if the Council so direct, and shall perform such other duties as may be imposed upon him by ordinance. In addition to the fees allowed him above, he shall receive such salary as may be fixed by the Council, but not to succeed (exceed), in any event, fifty dollars ($50) per month. Sec. 14. Be it further enacted, That the Mayo* and Compensation Council shall receive no compensation in excess of five of Mayor, dollars ($5) each per annum, except as hereinabove pro- vided. Sec. 15. Be it further enacted, That the Mayor and Removal of Council shall have full power and authority to remove officers. any officer or agent, appointed by them, for incompe- tency or any violation, neglect, or disregard of the duties imposed upon them by the ordinances of said corporation. Sec. 16. Be it further enacted, That the Board shall Levy taxes ^ave ^e Power anc* authority to levy taxes for city pur- poses upon all taxable property, real, personal, and mixed, — 841 — within the limits of the city, not exceeding in the total levy for all general purposes in any one year one per cent of the total assessment of said property for city purposes for that year. The annual tax levy of the city shall be fixed by the Council at some meeting in November, and said taxes when levied shall have all the force and effect given by law to State and county taxes in this State, and shall be payable at the same time and subject to the same penalties. Sec. 17. Be it further enacted, That said City of sTS3&?cb00l| Highland Park is hereby constituted a separate school created, district, and as such shall be entitled to its pro rata of the State and county school fund under existing laws, and the said municipality is hereby authorized to elect School Directors and to raise money for the purpose of augmenting the school fund and to adopt a graded high school. The election of the School Directors shall be had at such time and place as shall be designated by the Board of Mayor and Aldermen, and they shall hold their office for such length of time as is now provided by law for School Directors, and shall draw their orders on the school funds in the hands of the County Trustee or the City Auditor for any and all money due said school dis- trict hereby created. But the first Board of School Di- rectors shall be elected by the Board of Mayor and Alder- men. That whenever the public school fund payable to said school district shall be insufficient to run said schools such length of time as the Board of Directors may deem necessary, said Board may certify -that fact to the Board of Mayor and Aldermen, with an estimate of the amount necessary to run the schools the length of time desired for the ensuing year, and the Board of Mayor and Aldermen may levy and collect a tax for the purpose of running said schools such length of time as to them may appear proper, looking especially to the estimate and recommenda- tion of the Board of Directors ; Provided, that the Board of Mayor and Aldermen may levy such tax without said estimate or recommendation of the Board of Directors, when in their judgment it may seem advisable; Provided, snch tax thus levied will not exceed the rate levied by the State for State purposes for the same year ; and Provided further, that the total tax levy, including the school tax above provided for, shall not exceed one per cent of the total assessment as hereinbefore provided. The general — 842 — laws of the State in regard to common schools shall apply to the City of Highland Park, except as herein modified. May incur Sbc. 19. Be it further enacted, That the Mayor and forTmproVT Council are hereby authorized to contract any indebted- menu. negg on j^h^f 0f the city, and upon the credit thereof, by borrowing money and issuing bonds of the city at a rate not exceeding six per cent per annum, for the purpose of erecting public buildings, including the erection and equipment of school buildings, constructing and main- taining public sewers for the city, for the purpose of grad- ing and paving streets and alleys, and for constructing sidewalks, curbing, and guttering, and other improve- ments; for the purpose of constructing bridges, and their approaches ; for the purchase, construction, or erection of waterworks, and the necessary machinery, pipes, conduits, and appurtenances for their operation, or any other spe- cific purpose; to improve the streets of the city, or for lighting the same ; Provided, that the aggregate indebted- ness to be incurred for the purposes above set forth shall never exceed ten per cent of the assessed valuation of the taxable property of the city as shown by the city assess- ment of the year preceding the one in which the loan is voted; Provided always, that no bonds shall be disposed of for less than par, and that no loan shall be madfe and no bonds shall be issued for any purpose except by ordi- nance, which shall be unrepealable until the indebtedness therein provided for, and the bonds issued in pursuance thereof, shall have been fully paid, and such ordinance shall specify the purpose to which funds received for the bonds to be issued are to be applied, and shall also provide for a levy upon the taxable property of the city sufficient to pay the annual interest thereon and extinguish the principal of such debts and bonds within the time limited for the same, which shall not be less than five years, nor more than thirty years; and Provided further, that said taxes, when collected, shall only be applied to the pur- pose in said ordinance specified until the indebtedness and bonds have been paid and discharged, but no such debt shall be created, nor bonds issued, unless the ques- tion of incurring the same and issuing bonds thereof shall be submitted to a vote of the qualified electors of the city, and a majority of said voters voting upon the ques- tion by ballot shall vote in favor of creating such indebted- ness and issuing said bonds. — 843 — Sec. 20. Be it further enacted. That before this Act Question or shall become effective that the question of incorporation toberoSdo* shall be submitted to a vote of the legally qualified voters (under the general law) of the territory herein men- tioned and non-resident taxpayers of said territory, and if a majority so voting shall vote for incorporation then this Act shall become effective, and the territory will thereby become incorporated ; but if less than a majority so voting vote in favor of incorporation then this Act shall not become effective. The Board of Election Com- missioners of Hamilton County shall hold such election in Highland Park; Provided, however, the election pro- vided for herein shall not be called until after the election for annexation of the above territory, as provided in bill No. — , shall have been held, and should election for annexation carry, then no election shall be held for in- corporation; Provided, however, that in the event said annexation fails to become operative, the election pro- vided for herein shall be held at any time within two years hereafter upon the petition to the said Board of Election Commissioners of Hamilton County of ten qualified voters of said territory. Sec. 21. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Sec. 22. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 29, 1905. W. K ABEENATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 4, 1905. JOHN I. COX, Governor. 344 — CHAPTER 155. House Bill No. 551. AN ACT entitled "An Act to authorize the City of Clarksville to issue ten thousand dollars of coupon bonds to improve or repair its waterworks system." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That from and after the passage of this Act the City of Clarksville is authorized to issue ten thousand dollars of four per cent (4%) coupon bonds and payable thirty (30) years after date for the purpose of improving or repairing its waterworks system. Said bonds shall bear date of July 1, 1905, and shall be denomi- nated "Waterworks Improvement Bonds," numbered from one to twenty inclusive, each to be of five hundred ($500) dollars, with interest coupons attached, bonds and coupons to be signed by the Mayor and countersigned by the Recorder, but the signatures of these officials may be litho- graphed on the coupons. Said bonds shall be sold by ap- proval of the Board of Mayor and Aldermen upon com- petitive bidding, but not for less than par. Sec. 2. Be it further enacted, That the Board of Mayor and Aldermen may provide for the payment of the interest on said bonds when due, and also a sinking fund to retire the bonds when due, from the revenue derived from the waterworks of said city. Sec/ 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 31, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 4, 1905. JOHN I. COX, Governor. *48 — CHAPTEE 156. House Bill No. 326. AN ACT to change the line between Putnam and DeKalh Counties. Section 1. Be it enacted by the General Assembly of (he State of Tennessee, That Montgomery County be, and DeKalb Counties be so changed as to include all the land of Richard Herron in DeKalb County. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public -welfare requiring it. Passed March 81, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Spealcer of the Senate. JOHN I. COX, Governor. Approved April 4, 1905. CHAPTER 157. House Bill No. 445. AN ACT to authorize Montgomery County to issue bonds for highway purposes, and to fund passed indebtedness. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Montgomery County be and is hereby, authorized to issue coupon bonds of the aggre- gate face value of one hundred and fifty thousand ($150,- 000) dollars or less and bearing interest at the rate of not more than five per cent per annum. Said bonds shall be signed by the County Judge and countersigned by the County Clerk of the county. The coupons shall each bear the lithographed signature of the County Judge. The bonds — 34d — shall each be of the denomination of five hundred ($500) dollars, and shall be numbered consecutively from one to three hundred. They shall be payable, principal and inter- est, at the office of the County Judge of Montgomery Coun- ty at Clarksville, Tenn. They shall mature thirty (30) years after date of issuance, and shall be redeemable at the option of the county as follows: Bonds numbered one to seventy-five inclusive, ten (10) years after date of issu- ance; bonds numbered seventy-six to one hundred and fifty inclusive, fifteen (15) years after date of issuance; bonds numbered one hundred and fifty-one to two hun- dred and twenty-five inclusive, twenty (20) years after date of issuance ; bonds numbered two hundred and twenty- six to three hundred inclusive, twenty-five (25) years after date of issuance. Sec. 2. Be it further enacted, That it shall be the duty interest and °* the Quarterly Court of Montgomery County each, until sinking fund au 0f the bonds authorized by the first section of this Act are retired, to levy a tax on all of the taxable property of the county of not less than twenty nor more than thirty-five cents on the hundred dollars which, when collected, shall be applied to the payment of interest and the establish- ment of such sinking funds as may be needed to retire the bonds at or before maturity, and any surplus remaining may be expended in repairing the turnpikes, bridges, fer- ries, and improved highways of the county. Sec. 3. Be it further enacted, That the proceeds of the bonds authorized by the first section of this Act shall be used exclusively in retiring outstanding promissory notes of the county given for turnpike, bridge, ferry, and im- proved highway purposes and for obtaining additional money for improved highway purposes, as authorized by Chapter 17 of the Acts of the present General Assembly; passed February 2, and approved February 4, 1905. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed March 30, 1905. W. K ABEENATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 4, 1905. JOHN I. COX, Governor. 347 — OHAPTEE 158. House Blll No. 447. AN ACT authorizing the Mayor and Aldermen of the Town of Shelbyville, Tennessee, to issue not exceeding forty thou- sand dollars of interest-bearing, coupon bonds, at any time within two years from the passage of this Act, said bonds to be issued and used exclusively in acquiring, completing, and extending a system of waterworks and electric light plant, or either, within the corporate limits of said town. Secttok 1. Be it enacted by the General Assembly of (he State of Tennessee, That the Mayor and Aldermen of the Town of Shelbyville, in Bedford County, Tennessee, a municipality of Tennessee, organized under the Acts of the General Assembly, is hereby empowered, in its corpor- ate capacity, to issue the bonds of the said city or town, at any time within two years from the passage of this Act, to be signed by the Mayor and countersigned by the Secretary and Treasurer, with interest coupons attached, and the seal of said city or town affixed, to an amount not to exceed forty thousand dollars. Sec. 2. Be it further enacted-, That the bonds herein provided may be executed in denominations from one hundred to one thousand dollars, and shall mature thirty years from the date of their issuance, bearing interest at the rate of not more than five per cent per annum, payable semi-annually. Said bonds shall be sold in no case for lesn than their face value, and shall be payable in legal tender money of the United States of America. Skc. 3. Be it further enacted, That the proceeds of useofprooeedi the bonds issued, or such part thereof as may be necessary, shall be used exclusively in the payment of such indebted- ness as may be contracted on account of said waterworks, or electric light plant, or both, and in extending, acquiring, and improving same in such manner as the Mayor and Aldermen may direct, by ordinance or resolution. Sec. 4. Be it further enacted, That before said bonds shall be issued, the Mayor and Aldermen shall order an election or elections held by the qualified voters of said city or town, to ascertain the will of said voters in refer- — 348 — ence to the issuance of said bonds. As many elections may be held as may be necessary, and at different times, to determine the will of the said voters in reference to the issuance of said bonds herein provided for. The ques- tion of authorizing the issuance of all the bonds herein provided for, or such amounts as may be deemed necessary to acquire, extend, and complete a system of waterworks, or electric lights, or both, may be submitted and voted on in the same election ; Provided, the amount for each purpose is stated and set out in the ordinance authorizing the election to be held, or they may be voted on in separate elections, and at different times. The election or elections herein provided for may be held at the tiijie of any city or town election for officers, or any other purpose, by the same officers and upon the same ballot used in such election, or at any other time that may be directed and ordered by the Mayor and Aldermen of Shelbyville, after advertising same for at least thirty days, either by publi- cation in some local newspaper or by written or printed hand bills. Sec. 5. Be it further enacted, That at any of these Ballots and oloctions herein provided for, all persons shall be en- quaiiflcation titled to vote, who are qualified to vote for said city or town officers. Legal ballots shall be used in said elections, upon which shall be written or printed, "For the Water Bonds," "Against the Water Bonds;" "For the Light Bonds," "Against the Light Bonds." Those in favor of the issuance of the water bonds shall make a cross mark, thus "X," opposite the words "For Water Bonds," and those opposed to the issuance of the water bonds shall make a similar mark opposite the words "Against the Water Bonds;" and those in favor of the issuance of the light bonds shall make a similar mark opposite the words "For the Light Bonds," and those opposed to the issuance of the light bonds shall make a similar mark opposite the words "Against the Light Bonds." If, at any election held under the authority of this Act, the majority of the votes cast on the proposition to issue either the water or the light bonds are cast either "For the Water Bonds" or "For the Light Bonds," then the Mayor and Aldermen shall have power and authority to issue said bonds so authorized by said election, but not otherwise. Skc. 6. Be it further enacted, That if the bonds are interest and issued under the provisions of this Act, the Mayor and sinking fund Aldermen are hereby authorized and empowered to levy — U9 — such taxes on property, privileges, and polls of the city or town of Shelbyville as will be sufficient to pay the semi-annual interest on said bonds, and provide for a sinking fund to meet the payment of said bonds at ma- turity; said taxes shall be kept separate and apart from other funds of said city or town. The Mayor and Alder- men may also set aside and appropriate such earnings of said plants, or plant, as may be deemed prudent and adrisable, for the purpose of paying the semi-annual in- terest on the bonds, or place same in the sinking fund. The Mayor and Aldermen of said city or town may, by ordinance, adopt such rules and regulations as may be deemed advisable for the control and management of said plant, or plants, and for the purpose of investing and safe-keeping of the sinking fund herein provided for, and may elect private individuals, or the local banks, or either of them of said city or town, as a Sinking Fund Com- mission, and make such contracts with such Commission for the proper handling or use of said sinking fund as may be expedient, and best, and require such bond of said Commission for the safe-keeping or investment of said sinking fund, as will be ample to protect said city or town from loss. No commission shall be paid for the nego- tiation of said bonds. The Mayor and Aldermen of said city or town may apply any part or all of said sinking fnnd on hand at any time to the purchase of any of the said bonds, as can be bought, and cancel same after their purchase. Sec. 7. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 81, 1905. W. K. ABEKNATHT, Speaker of the House of Representatives. Approved April 4, 1905. E. RICE, Speaker of the Senate. JOHN I. COX, Governor, — 350- CHAPTEE 159. House Bill No. 286. AN ACT to amend Chapter "401, of the Acta of 1899, being "An Act to provide for the inspection of shops and factories and appointment of Shop and Factory Inspector, and defining his duties and powers;" to include bakeries In said inspec- tion law, whether the same be run by machinery or not Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 401, of the Acts of 1899 be, and same is hereby, amended to make the word "workshop," whenever the same shall appear therein, include bakeries, whether the same be run by machinery or not Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 81, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 4, 1905. JOHN I. COX, Governor. 351 — CHAPTEK 160. ■ House Bill No. 545. AN ACT to amend an Act passed April 2, 1901, and approved April 12, 1901, same being Chapter 272, of the Acts of 1901. Section 1. Be it enacted by the General Assembly of This amends ihe 8tate of Tennessee, That Section 33, of Chapter 272, ^«b««,°f of the Acts of 1901, be amended by adding at the close ^l&cSiL of said section the following: "Provided, that no man countiea. who is not a real estate owner in the town shall be per- mitted to vote in any election until he has been a bona fide resident of said town for six months." Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 31, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 4, 1905. JOHN I. COX, Governor. — $52- CHAPTER 161. House Bill No. 438. A BILL to be entitled "An Act to change the line between the Counties of Chester and Henderson." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between the Counties of Chester and Henderson be, and the same is hereby, so changed that all the lands of W. M. Jones, and C. P. Jones, bounded as follows: On the west by Jordan; on the north by Jordan, Wright, and Goff ; on the east by Stevens; and on the south by Smith, be detached from Henderson County and attached to and included in the Eleventh Civil District of Chester County. Sec. 2. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it. Passed March 29, 1905. W. K. ABEKNATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 4, 1905. JOHN I. COX, Governor. — 353 — CHAPTER 162. • House Bill No. 419. k BILL to be entitled "An Act to amend an Act entitled 'An Act to amend an Act entitled "An Act to provide for the crea- tion and organization and defining the powers of municipal corporations embracing territories of cities haying a popu- lation of thirty-six thousand and upward, according to the Federal Census of 1880, whose charters have been abolished/" passed by the General Assembly of the State of Tennessee, March 21, 1883, and approved by the Governor, March 27, 1888, and all Acts amendatory thereof which em- power and enable said municipal corporation to create, main- tain and control a system of public parks, to provide for a Board of Park Commissioners, to fix and define its powers and duties, amend said Act so as to provide that the moneys to which the parks are entitled shall be kept in a separate account, and may be drawn from time to time as the same is received, upon the checks of the Park Commissioner, except to revenue derived from taxation and to authorize the Board of Park Commissioners to expend the sums so received and make a report thereof annually to the Mayor and City Council." Section 1. Be it enacted by the General Assembly of (he State of Tennessee, That Chapter 117, of the Acts of 1901, entitled "An Act to amend an Act entitled 'An Act entitled "An Act to provide for the creation and organization and defining the powers of municipal cor- porations embracing territories of cities having a popu- lation of thirty-six thousand and upward, according to the Federal Census of 1880, whose charters have been abol- ished," ' " passed by the General Assembly of the State of Tennessee, March 21, 1883, and approved by the Governor, March 27, 1883, and all Acts amendatory thereof which empower and enable said municipal cor- porations to create, maintain, and control a system of public parks, and to provide for a Board of Park Com- missioners, to fix and define its powers and duties, be amended as follows: "All funds arising from any sources, which are to be devoted to or used for the maintenance and betterment of public parks, owned or controlled by municipal corporations organized under this Act, shall k paid from time to time to the City Treasurer of Nash- ville, and a separate account thereof kept, except such as 23 — 354 — may be derived from taxation, levied for that purpose by the Mayor and City Council of such corporations." Sec. 2. Be it further enacted, That the Park Com- mission, through its proper officials, shall be authorized to draw, from time to time, upon the funds set apart under Section 1 of this Act, and it shall be the duty of the Treasurer of such municipality to pay such checks whenever drawn, so long as there is a balance to the credit of the account of public parks, created under Sec- tion 1, of this Act, but the money so drawn shall be used by the Board of Park Commissioners to repair, improve, and maintain the public parks in and near the City of Nashville under the management of said Board of Park Commissioners. Sec. 3. Be it further enacted, That said Board of Park Commissioners shall make a report to the Mayor and City Council during the month of December of each year, showing amounts received, from what sources, how expended, with such explanations and recommendations as may be deemed to the best interest of the public parks. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed March 30, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 4, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 163. House Bill No. 663. A BILL to be entitled "An Act to amend Chapter 393, Acts of 1901, the same being entitled 'An Act to Incorporate the Town of Mossy Creek, Jefferson County, Tennessee, under the corporate name of Jefferson City.'" Section 1. Be it enacted by the General Assembly of the State of Tennessee, That paragraphs 3, 7, 20, and 21, of Section 3, of Chapter 393 of the Acts of 1901, be, and the same are hereby, repealed. — 855 — Sec. 2. Be it further enacted, That Chapter 393, of the Acts of 1901, be further amended by striking out all of Section 16, and abolishing the office of City Marshal, tat give to the Mayor power to appoint for temporary service, when demanded by two members of the Board of Mayor and Aldermen, and when practicable he shall at all times appoint for temporary serrfce a civil officer. Sec. 3. Be it further enacted, That the Board of Mayor and Aldermen shall not grant any franchise what*, erer to any person, or persons, firm, or corporation with- out two-thirds of the tax-paying freeholders voting for said franchise. Sec. 4. Be it further enacted, That the Board of Mayor and Aldermen may have power to levy such privi- lege tax as, in their judgment, shall be equitable for the occupancy of the streets and sidewalks by any firm or cor- poration doing business in the Town of Jefferson City. Sec. 5. Be 'it further enacted, That the word "sev- erty-five," where it appears in line 3, Section 25, be stricken out and "forty" be inserted therefor. Sec. 6. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and ther same are hereby, repealed. Sec. 7. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it. Passed March 30, 1905. W. K. ABEKNATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. JOHN I. COX, Governor. Approved April 4, 1905. — 356 — CHAPTER 164. HpfrsE Bill No. 667. A BILL to be entitled "An Act to amend an Act passed February 3, 1905, entitled 'An Act to amend an Act entitled "An Act to establish Taxing Districts in this State, and to provide the means of local government for the same/"" etc., so as to authorize the Legislative Council of the City of Memphis to close streets and alleys for the purpose of providing a site for a union passenger station, and to convey said streets and alleys when closed to a railroad terminal corporation. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 21, of the Acts of the General Assembly of 1905, known as Senate Bill No. 162, and entitled "An Act to amend an Act entitled 'An Act to establish taxing districts in this State, and to pro- vide the means of local government for the same/ the same being Chapter 11, of the Acts of 1879, and all the Acts amendatory thereof, constituting the charter of the City of Memphis, so as: (1) That among other things to add two more members to the Board of Fire and Police Commissioners, and to provide for the temporary appoint- ment of same ; (2) to add two more members to the Board of Public Works, and to provide for the temporary appoint- ment of the same; (3) to more clearly define lie powers and duties of the Mayor ; (4) to set forth the powers and duties of the Legislative Council; (5) to provide a method of letting city contracts and franchises; (6) to provide for the election of City Engineer and other officers not named; (7) to provide for a City Court and a Judge thereof, define his duties and fix his compensation; (8) to provide for a Clerk of such City Court; (9) to set forth and define the duties and powers of the Fire and Police Commissioners; (10) to provide for the election of the Chief of the Fire and Police Departments; (11) to provide for the reorganization of the Fire and Police De- partments by the introduction of the merit system of Civil Service; (12) to abolish the office of City Secretary; (13) to provide for a City Register, define his duties and fix his compensation, and give him an assistant; (14) to pro- vide for a City Attorney, and assistant; (15) to change — S57 — the date of holding city elections; (16) to provide for the systematic examination of city accounts; (18) to provide for the separate sitting of the Supervisors of the Board of Public Works and the Board of Fire and Police Com- guasioneTB, and the organization of said separate bodies/' be amended by adding at the end of the second paragraph, of said Section 21, the following words: "Provided, how- ever, that when a railroad terminal corporation shall have been formed for the purpose of erecting and operating in the City of Memphis, an Union Passenger Station for the use of railroads entering said city, and shall in good faith undertake the erection of such a station, then the Legislative Council shall have power to close and convey to said terminal corporation such streets and alleys as it may be necessary to close in order to provide a site for said station and the sheds, tracks, yards, roundhouses, machine shops, switches, cross-overs, turnouts, and other terminal facilities, appurtenances, and accommodations, suitable in size and location to the prompt and efficient re- ceiving and transferring of passengers and baggage of the railroads using said station; and Provided further, that owners of property abutting on streets and alleys which are closed for the purpose aforesaid, shall receive just compen- sation for any damages to their property caused by the dosing of said streets and alleys." Sec. 2. Be it further enacted, That Section 28, of said Act, be amended by adding at the end of said section the following words: "Provided, however, that nothing in this section, limiting the time for which a franchise may be granted, shall apply to any franchise which may be granted to a railroad terminal corporation organized for the purpose of constructing and operating an union passenger station within said city." 8eo. 3. Be it further enacted, That Section 29, of said Act, be amended by adding at the end of said section the following words : "Provided, however, that it shall not be necessary to submit to a vote of the people any fran- chise granted to a railroad terminal corporation organized for the purpose of erecting and operating within the City of Memphis, a union passenger station, and that so much of said Section 29 as is contained in the second sentence thereof, beginning 'Nor shall such ordinance become effec- tive/ etc, and running through to the end of the section, "shall not apply to any franchise granted to'a railroad ter- minal corporation organized for the purpose aforesaid." — 358 — Seo. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 3, 1905. W. K. ABERNATH*, • Speaker of the House of Representatives* E. RICE, Approved April 4, 1905. Speaker of the Senate* JOHN I. COX, Governor* CHAPTER 165. House Bill No. 404. A BILL entitled "An Act to establish a School District in Unicoi County, and provide for the election of School Directors for the same." Section 1. Be it enacted by the General Assembly of the State of Tennessee^ That the following boundaries Boundaries, ^gtitute the Thirteenth School District of Unicoi County, Tennessee: Beginning at a stake in the Tenth District line, on the top of the Coffee Ridge ; thence run- ning with said ridge north to the mouth of the Murray Branch ; thence southeast to the top of the Raven Cliff ; thence northeast to the top of the Laurel Ridge; thence with said ridge, running so as to include the Low Gap Branch to the forks of the creek at Riddle and Brown's store; thence up South Indian Creek, so as to include those adjoining said creek, to the First District line ; thence with said First District line to the Tenth .District line ; thence with said Tenth District line to the beginning. Sec. 2. Be it further enacted, That the school district above created shall have all the rights and privileges that ^ntenden?1" are granted other school districts in said county under the dESofen law? and the County Superintendent of Public Schools of until election Baj j county shall appoint three School Directors in said district to serve until the next regular election, or until their successors are elected or appointed and qualified;* and at the time of ordering general county elections the — 359 — County Election Commissioners, or those governing said elections, shall order a special election to be held at Clear Branch Schoolhouse for the purpose of electing School Directors for said district, and said election shall be gov- erned by the general election laws, except the polls of said election to be opened at one o'clock p. m. (but be closed as other elections), and to be held without compensation. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 30, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 4, 1905. Speaker of the Senate. JOHN I. COX, Governor, CHAPTER 166. House Bill No. 553. AN ACT entitled "An Act to create an independent School Dis- trict in Putnam County, Tennessee, to be known as Dis- trict No. 21." Section 1. Be it enacted by the General Assembly of Boundarlei# the State of Tennessee, That an independent School Dis- trict, created in Putnam County, Tennessee, at or near the corner of the Eleventh, Twelfth, and Seventeenth Districts, at or near Gentry, to be known as No. 21, bounded as follows: Beginning with and including the lands of J. H. Jared ; thence eastwardly with and includ- ing the lands of Joseph Holladay and J. C. Jared ; thence northwardly with and including the lands of L. E. Elrod, Polly Elrod, and A. B. Thompson; thence westwardly with and including the lands of W. A. Holladay, Allison -Holladay, W. R. Brown heirs, William and Lem Burton, — 300 — James and Robert McKinley — all in the Twelfth Dis- trict; thenee southwardly with and including the lands of J. H. Jared, Mary Bush, Albert Stanton, M. H. Left- witch, L. T. Leftwitch, Joseph Leftwitch — all in the Eleventh District*; thence on to the beginning, including the lands of Anthony Bush, James Brown, and C. F. Mo- Caleb— all in the Seventh District, and including all the lands and families in said boundary. Skc. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 30, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 4, 1905. JOHN I. COX, Governor. CHAPTER 167. House Bill Xo. 432. A BILL to be entitled "An Act to create an Independent School District at Morrison, Warren County." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That there be created at Morrison, Warren County, an independent School District, to be known as Independent School District No. 1, Warren County, and bounded as follows — to wit: Beginning on the northwest corner of John Baker's Boundaries. ^an<^ an(^ running southward with the Coffee County and Warren County lines to Will Rogers' southwest corner; thence east with said Rogers' south line to Thomas Rogers' line to the south line of A. McCrouch ; with the south line of said McCrouch, Phil King, William Ramsey, A. Bain to the southeast corner of said Bain's land ; thence north with Bain's, John Gessler's, H. McAfie's, G. M. Stroud's, J. M. Smoot's, William Henderson's, J. L. Parker's, and J. B. Comer's east boundary line to J. B. Comer's north- — 361 — east comer; thence west with the north boundaries of J. B. Comer, Tom Barnes, R Brown, Grace Kimball, Jesse firewer, and John Baker, to the beginning. 8eo. 2. Be it further enacted; That on the first Satur- day in May, 1905, and every two years thereafter, there be elected three Directors for said district, whose duties shall be the same as prescribed by law for other School Directors. Sac. 3. Be it further enacted, That in case of a va- eancy the County Superintendent shall appoint to. fill out the unexpired term. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed March 30, 1905. W. K ABEENATHT, Speaker of the House of Representatives. E. RICE, Approved April 4, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 168. House Bill No. 196. A BILi. to be entitled "An Act to establish a School District in Gibson County, Tennessee, to be known as Laneview College District No. 28, and to provide for the election or appoint- ment of Directors for said district, and to define their powers, etc" Section 1, Be it enacted by the General Assembly of the State of Tennessee, That a school district, to be known and designated as Laneview College District No. 28, of Gibson County, Tennessee, be established in Gibson Coun- ty, Tennessee, with the following lines and boundaries: Beginning at the residence of James Williams, run- Boundaries. ning west with the south fork of the Obion River to a point Trtutee to ap- portion money. SohoUitlo oenstu to be taken. in the yard of Houston Diris, so as to include said Diiis* residence within this district; thence south so as to include W. P. Glasscock, Jim Huckaby, Neal Kinsey, Misses Sarah and Meek Huckaby, to a stake; thence west to a point near the residence of G. P. Penn, said line being run and said point being located so as to include all parties in the Burress and Hayes settlement who are not enrolled with the Burress School; thence southeast, so as to in- clude C. M. Greer, J. B. Fletcher, J. A. Spencer, M. !L. Cathcart and W. H. Catler, to a point; thence north- wardly, so as to include Green Phelan, David Hassell, George Lorance, Joe Bell, F. W. Bawls, William Bean, and H. C. Conlee, to the point of beginning. Sec. 2. Be it further enacted, That J. E. Conlee, Dr. J. C. Moore, and D. I. Fairless are hereby appointed as School Directors for the School District created by the first section of this Act, to serve until the next general election for School Directors, when three Directors shall be elected by the people of said special district, and successively thereafter at every regular election for School Directors in Gibson County. Sec. 3. Be it further enacted^ That the school dis- trict created by the first section of this Act shall have all the rights, privileges, and emoluments, and be governed by the same laws and rules that govern, control, and regu- late other school districts in Gibson County, Tennessee. Sec, 4. Be it further enacted, That the Trustee of Gibson County be, and is hereby, directed and empowered to apportion to the district created by the first section of this Act in proportion to the scholastic population of said district, its rate pro rata of all school funds in his hands at the time of the passage of this Act, or that may here- after come into his hands, under the same rules and regu- lations as he does to the other school districts in Gibson County, Tennessee. Sec. 5. Be it further enacted, That upon the passage of this Act the said District Directors shall take the cen- sus of the scholastic population within said territory, and report the same to County Trustee, and upon this scholastic report apportion the school funds of the Eleventh District between this district and the balance of the Eleventh Civil District, according to the scholastic popula- tion of the territory covered by this district and the bal- ance of the territory not so covered. — 363 — Sec. 6. Be it further enacted, That all laws and parts n the Acts of the General Assembly of the State of Tennes- SpSStion see for 1903, passed April 13, 1903, and approved April E»n*a.°®- 15, 1903, be, and the same is hereby, amended by adding to the end of said section the words, "Or by the action of the Quarterly County Courts of the several counties of the State ; Provided, this Act shall apply only to coun- ties in this State having a population of not less than 25,000 nor more than 25,030, according to the Federal Census of 1900 or any subsequent Federal Census." Sec. 2. Be it further enacted, That Section 5 of the said Chapter 240 of the Acts of the General Assembly for 1903 be also amended by adding to said section the words : "County Superintendent of Schools shall appoint the three School Directors for any district created by the said County Courts of the several counties, which Directors shall serve till the next regular election of School Direc- tors, and said appointees shall have the same qualifica- tions and take the same oath now provided by law for School Directors. Sec. 3. Be it further enacted, That Section 9 of Chap- ter 240 of the Acts of 1903 be amended by striking out 70 and inserting therefor 50. — 394 — Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it- Passed April 4, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 6, 1905. JOHN I. COX, Governor. CHAPTER 190. House Bill No. 328. • AN ACT to create a special School District in the Third Civil District of Cannon County, and provide for election of directors, and government of same. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a special School District be, and the same is hereby, created in the Third Civil District of Cannon County, bounded as follows : Beginning in John Good's south boundary line, and with his line to the county line; thence north with said county line to Dr. G. A. Spear's south line, east with his line, north with Spear's line, to the south line of W. F. Dickens' and brothers' south line; thence with their southeast boundary line to the lands of Young and Garther, east to the Sixteenth School District; thence south with said line to the north boundary line of the Twelfth Civil District; thence up said creek to the southwest boundary line of Willey Willis to the place of beginning. Sec. 2. Be it further enacted, That the proper elec- tion authorities of Cannon County be, and are hereby, E1dfreoton. empowered and required to hold an election within said School District by the qualified voters of said district on the second Saturday in May, 1905, for School Directors, to hold their respective office until next regular election. Sec. 3. Be it further enacted. That the officers ap- pointed by said authorities shall serve without compensa- tion. — 395 — Sec. 4. Be it further enacted, That the Clerk of said district shall furnish to County Superintendent of Can- non County a correct statement of the number of children within said district, which includes children belonging to School No. 1 in the Third District, Sec. 5. Be it further enacted, That County Superin- tendent shall furnish a copy of said enumeration to the Trustee of Cannon County, who shall pay out moneys belonging to that portion of said county, upon orders of Directors of said district Sec. 6. Be it further enacted, That all laws and parts in conflict with this Act be, and the same are hereby, re- pealed; and that this Act take effect from and after its passage, the public welfare requiring it Passed March 30, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 6, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 191. House Bill No. 490. AN ACT to change the line between Moore and Franklin Counties. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between Moore and Franklin Counties be, and the same is hereby, so changed a9 to include all the lands of A. J. Womack in Moore County, and said lands are hereby detached from Franklin County and attached to Moore County. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 4, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 6, 1905. Speaker of the Senate. JOHN I. COX, Governor. — 396 — CHAPTER 192. Senate Bill No. 402. AN ACT to change and fix the time for holding the Circuit Courts in the several counties in the Twelfth Judicial Circuit of Tennessee, and to provide for and make valid all bonds, recognizances, and all processes issued prior to the passage of this Act, and provide for the return thereof. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That on and after the last day of April, 1905, the Circuit Courts of the State of Tennessee shall be convened and held in each calendar year in the various counties composing the Twelfth Judicial Circuit of Tennessee on the respective dates fixed in the following schedule : Madison County, the first Monday in January, May, and September. Henderson County, the second Monday in February, June, and October. Chester County, the fourth Monday in February, June, and October. Perry County, the first Monday in March, July, and November. Hardin County, the first Tuesday after the third Mon- day in March, July, and November. Decatur County, the second Monday in April x August, and December. Sec. 2. Be it further enacted, That hereafter all bonds and recognizances shall be taken and all process made re- turnable to said court in these various counties at the time and according to the terms fixed by this Act for hold- ing the same, and all bonds and recognizances that have been taken, or that may bo taken at or after the last term of said court, as the same may have been held in any county under the existing laws of this State, and all process issued and bonds taken after that time, shall be returnable to the first term of said court to be held in that respective county under the provisions of this Act. Sec. 3. Be it further enacted, That no civil suit or criminal prosecution or other judicial proceedings, wheth- — 397 — er civil or criminal, now pending, or that may hereafter pend, in the various Circuit Courts of these respective counties, shall abate or suffer discontinuance by reason of the abolition or postponement of the terms of said courts that would next ensue under existing laws but for the provisions of this Act, but the same shall be and pend in the next term in each respective county that shall be held under the provisions of this Act as though the said original term had not been changed. Sec. 4. Be it further enacted, That this Act take effect on and after the last day in April, 1905, the public wel- fare requiring it. Passed March 4, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 7, 1905. JOHN I. COX, Governor. CHAPTER 193. House Bill No. 639. A BILL to be entitled "An Act to change the line between the Counties of Overton and Pickett." r Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between the Counties of Overton and Pickett be so changed as to detach that part of the land of Lottie Sells' farm, Overton County, and attach Pickett County, which land is at or near Spurier, Tenn. Sec 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 5, 1905. .W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 7, 1905. Speaker of the Senate-. JOHN I. COX, Governor. — 398 — Boundaries. CHAPTER 194. House Bill No. 518. AN ACT to Incorporate the Town of Greenfield, in Weakley County, Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Town of Greenfield, in the County of Weakley, and the inhabitants thereof, are hereby constituted a body politic and corporate by the name and style of the Mayor and Aldermen of the Town of Greenfield, and by such name may sue and be sued, plead and be impleaded, in all courts of law and equity and in all actions whatever, and may grant, receive, pur- chase, and hold, real, personal, and mixed estate and dis- pose of the same for the benefit of said town, and for that purpose alone, and do all other acts touching the same as natural persons for the benefit of said town, and may have a town seal. Sec. 2. Be it further enacted, That the corporate lim- its of the Town of Greenfield shall be as follows: Begin- ning at the east end of the bridge on the Big Branch two hundred and thirteen and one-half poles west to the Illi- nois Central depot in said town ; thence south one hundred and eighty poles to a stake in Robert Kinnery's berry field ; thence south seventy-eight degrees east two hundred poles to a stake in public road; thence north eighty-two degrees east (crossing the Illinois Central Railroad at fifty-two poles) one hundred and forty-nine poles to a stake on south side of road southeast of H. O. Elam's resi- dence ; thence north one hundred and twenty-one poles to a stake one pole south of public road leading east from said Illinois Central Railroad depot ; thence east parallel with said road twenty-four poles to a stake ; thence north thirty- four poles to a stake; thence west twenty-four poles to a stake in Dr. H. F. Hudson's lot; thence north one hun- dred and fifty-three poles to a stake a little southeast of what is known as the Barton Bridge near the residence of Spencer Barton ; thence west one hundred and fifty-seven poles to a stake, three poles west of the Illinois Central — 899 — Railroad at the northeast corner of the lumber yard of the Greenfield Manufacturing Co. ; thence south seventy- five degrees west one hundred and ninety-two poles to rtake in W. H. Orr's field ; thence south one hundred and tvo poles to the beginning. The said Town of Greenfield is hereby divided into four wards, bounded as follows : First Ward. — Beginning at the middle of the Illinois Firgt WMdi Central Railroad, where it crosses Main Street; thence west in the center of said Main Street so far as it now ex- tends, and thence in the same general direction to the west boundary line of said town; thence north to the northwest corner of said Town of Greenfield ; thence east to the mid- dle of the main track of the Illinois Central Railroad, and thence in a southerly direction along the middle of the main track of said railroad to beginning. Second Ward. — Beginning in the middle of the main second waid. track of the Illinois Central Railroad where it crosses Main Street, and in the middle of said street ; thence along the middle of said Main Street so far as it now extends, and thence in the same general direction and along the line of the First Ward aforesaid to the west boundary line of said town ; thence south along the boundaries of said town to the southwest corner of said town ; thence east along said boundary line to the middle of the main track of the Illi- nois Central Railroad; thence in a northerly direction in- the middle of said main track to beginning. Third Ward. — Beginning at the middle of the Illinois Third w»rd. Central Railroad, where the middle of Cedar Street inter- sects it; thence in an easterly direction along the middle of said Cedar Street so far as it now extends, and thence in the same general direction to the east boundary line of said town ; thence south with the boundary line of said town to the southeast corner of said town ; thence west to the middle of the main track of the Illinois Central Rail- road ; thence in a northerly direction along the said main track of said railroad to beginning. Fourth Ward. — Beginning in the middle of Cedar Pourth Ward. Street, where it crosses the main track of the Illinois Central Railroad ; thence in an easterly direction along the north boundary line of Ward Three to the eastern boun- dary line of said town; thence along the east boundary line of said town to the northeast corner thereof; thence west along said boundary line to the middle of the main track of the Illinois Central Railroad, and thence in a southerly direction along the middle of said main track of said railroad to the place of beginning. — 400 — Sec. 3. Be it further enacted, That said corporation shall have full power and authority : 1. To enact and pass laws and ordinances necessary and proper to preserve the health of said town. 2. To prevent and remove nuisances. 3. To appoint a Marshal, Recorder, Treasurer, and Appointive 8U°h other police officers as shall be necessary to preserve omo*re. the peaoe an'ear*870- dollars per month, payable quarterly; Provided, the hus- band of such widow had an honorable record as a soldier, and would be pensionable, if living, and she has not mar- ried since the death of said soldier husband, and that they are now indigent and dependent and of good moral char- acter ; Provided further, that no widow shall be pensioned under this section unless there shall remain a surplus of the appropriation herein made or hereafter to be made, after pensioning all widows applying or coming under Sec- tions 1 and 2 of this Act. Sec. 4. Be it further enacted, That the widows pen- widows to be gioned under Sections 1, 2, and 3 of this Act shall be bonat raiSenu of fide citizens of Tennessee, and shall have been actual resi- Tonne8Me- dents of Tennessee three years before filing their applica- tions, — 426 — Sec. 5. Be it further enacted, That this Act shall be a part of the present pension system of the State of Ten- nessee, and the present and succeeding pension officials shall have supervision and control thereof with all the powers and discretions as they now have under the gen- eral pension laws of the State of Tennessee. Re-marriage Sec. 6. Be it further enacted^ That upon the marriage forfeits pen- Q£ an^ wjJow of any soldier above mentioned, who are placed upon the pension rolls under the provisions of this Act, upon the acquisition of sufficient property to support her without the aid of a pension, her right to a pension shall cease, and the Board of Pension Examiners is hereby given full power to strike her name from the roll of pen- sioners. Sec. 7. Be it further enacted, That $50,000 ($25,000 annually), or as much thereof as may be necessary, be, and the same is hereby, appropriated for the payment of the pensions, as provided for in this Act. Sec. 8. Be it further enacted, That in event that any widow who may receive a pension under this Act is not capable of taking care of the pension fund allowed her, the Board of Pension Examiners is hereby clothed witii full power to have a guardian or trustee appointed to re- ceive and pay over, from time to time, said pension funds to such widow as such guardian or trustee may deem nec- essary within their discretion. Sec. 9. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed March 29, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 7, 1905. JOHN I. COX, Governor. — 427- CHAPTER 203. House Bill No. 472. AN ACT to amend an Act entitled "An Act to amend Chapter 258 of the Acts of the General Assembly of Tennessee of 1901, so as to amend Article 11, Sections 1 and 2, of said Act, same being an Act to incorporate the town of Sweetwater in Monroe County, Tennessee; to provide for the government thereof; to establish a school district therein; to authorize said cor- poration to borrow money and issue bonds for corporate pur- poses; to provide for the election of officers and prescribe their duties, etc." i Section 1. Be it enacted by the General Assembly of (he State of Tennessee, That Section 1 of an Act passed April 1, 1903, be so amended as to add to said section that an election held in the corporation for the purpose of vot- ing on the bond issue for said town, as provided for under Article XL, Sections 1, 2, 3, and 4 of the original Act passed by the Legislature April 1, 1901, of which the Act here sought to be amended was an amendment, so as to pro- vide that the Board of Mayor and Aldermen in calling snch election shall designate in the call the proportion of the bonds to be issued and the money to be expended for each purpose — to-wit : Streets, electric lights, schools, and waterworks for said town ; and Provided further, that the Board of Mayor and Aldermen shall have the authority and power to so proportion said bonds and money as they may see proper before the vote is taken, therein giving to any and all of said causes the amount which they deem 13 to the best interest of the citizens of said Town of Sweetwater. Seo. 2. Be it further enacted, That the votes cast in an election on the bond issue shall be cast for each district expenditure separately, and that any one expenditure may carry upon receiving a majority of the votes cast in said election, and that any one set of bonds for either expendi- ture may issue without interfering with or affecting the right to again vote upon and, if carried, to issue the other or others. — 428 — Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 4, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 7, 1905. JOHN I. COX, Governor. CHAPTER 204. House Bill No. 201. AN ACT to change the time of holding the Circuit Court of Roane County and of Polk County in the Fourth Judicial Circuit Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the time of holding the Cir- cuit Court of Roane County and of Polk County, in the Fourth Judicial Circuit, be changed so that the Circuit Court of Roane County shall hereafter be held on the first Mondays of March, July, and November of each year, and the Circuit Court of Polk County shall hereafter be held on the third Mondays of March, July, and November of each year. Sec. 2. Be it further enacted, That all bonds or recog- nizances taken at or after the last terms of the courts of said counties, under existing laws, and all process issued after that time shall be made returnable to the first term of the courts held thereafter under the provisions of this Act And if any bond or recognizances shall be entered into or process issued after any of said terms and before the pas- sage of this Act, or before the next term shall be held under this Act, they shall be deemed and held to be re* turnable to the first term under this Act, and shall be as valid and binding as though made returnable upon their faces to said term. — 429 — Sjbc. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are here- by, repealed. Sec. 4. Be it further enacted, That this Act take effect from and after May 1, 1905, the public welfare requiring it Passed April 4, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. EICE, Approved April 7, 1905. Speaker of the Senate. JOHN L OOX, Governor. CHAPTEE 205. House Bill No. 474. AN ACT to change the line between Maury and Williamson Counties, so as to include the lands of J. A. Trimble and G. C. Hawkins in Maury County. Section 1. Be it enacted by the General Assembly of ft« State of Tennessee, That the line between Maury and Williamson Counties be, and the same is hereby, so changed so as to include all the lands of J. A. Trimble and 6. C. Hawkins in Maury County. The said lands hav- ing been situated in the Second Civil District of William- son County are hereby attached to and do hereby become * part of the Second Civil District of Maury County. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 31, 1905. W. K. ABEENATHT, Speaker of the House of Representatives. E. EICE, Approved April 7, 1905. Speaker of the Senate. JOHN I. COX, Governor. — 430 CHAPTER 206. House Bill No. 489. AN ACT to change the line between Moore and Franklin Counties. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between Moore and Franklin Counties be, and the same is hereby, so changed as to include all the lands of N. A. Majors in Moore Coun- ty, and said lands are hereby detached from Franklin County and attached to Moore County. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 3, 1905. W. K. ABEKNATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. JOHN I. COX, Governor Approved April 7, 1905. — 431 CHAPTEE 207. House Bell No. 493. AN ACT to abolish District No. 21 in Weakley County, and to annex the territory thereof to District No. 2 of said county. Section 1. Be it enacted by the General Assembly of ihe State of Tennessee, That District No. 21, of Weakley County, be, and the same is hereby, abolished; and that the territory of said district, as now established by law, he, and the same is hereby, annexed to District No. 2 of said county. Be it further enacted, That when this Act shall have taken effect the Justices of the Peace in said District No. 21 shall deliver their dockets and all papers relating to the business recorded in said dockets to the Justices of the Peace of said District No. 2. Sec. 2. Be it further enacted, That this Act shall take effect on the fourth day of July, 1906, the public welfare requiring it. Passed April 3, 1905. W. K ABEENATHT, Speaker of the House of Representatives. E. EIOE, Speaker of the Senate. JOHN I. COX, Governor. Approved April 7, 1905. — 432 — CHAPTER 208. House Bill No. 494. AN ACT to amend an Act entitled "An Act to repeal the charter of the City of Martin, to reincorporate said city, and to define its rights and powers, said Act being Chapter 178 of the Acts of the General Assembly of Tennessee, 1901/' so as to provide for the election of Recorder and Marshal for said city by popular vote. Recorder and Section 1. Be it enacted by the General Assembly of XJotedb?be the state °f Tennessee, That Section 5 of an Act entitled people. «^n Act to repeal the charter of the City of Martin, to reincorporate said city, and define its rights and powers," being Chapter 178 of the Acts of 1901, be so amended as to provide that after the passage of this Act the Recorder and Marshal of said City of Martin shall be elected by popular vote, just as the Mayor and Aldermen are required to be elected by popular vote, just as the Mayor and Alder- men are required to be elected under said Act herein amended. Terms of each. Seo. 2. Be it further enacted, That the term of office of the Recorder shall be two years, and that of the Marshal shall be one year, and that said terms shall begin with the terms of the Aldermen elected at the same time that they or either of them shall be elected, and that they shall ex- pjre on the first Monday in July, after the election of their successors. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 3, 1905. W. K ABERNATHT, Speaker of the House of Representatives. E. RICE, Approved April 7, 1905. Speaker of the Senate. JOHN I. COX, Governor. — 433 — CHAPTEK 209. Senate Bill No. 374. AN ACT to create a special School District in the Fourth Civil District of Hardin County, Tennessee, to be known and num- bered as District Number 9, and to provide for directors and for the government of the same. Section 1. Be it enacted by the General Assembly of Boundaries, the State of Tennessee, That a special School District be, and the same is hereby, created in Hardin County, Ten- nessee, to be known and numbered as School District No. 9, bounded as follows — to-wit : Beginning at the mouth of Carr Branch, south of the Town of Savannah, running thence up said branch, with its meanders, to the comer of the fence around the old Carr field, now owned by Edgar Cherry, at the foot of Gallows Hill ; thence south with the fence to the east side of said field, with the said Edgar Cherry's line, to the Barnhill line ; thence east with said Barnhill line to Cal Spear's line; thence north with said Spear's line to his northwest corner, so as to include what is known as String Town; thence east with said Spear's north boundary line to the Hamburg and Savan- nah Road; thence south with said road to a point west of Bob Boggen's southwest corner ; thence east to said Bog- gen's southeast corner; thence north with his line to his northeast corner ; thence in a northeastern direction so as to strike the land known as the brick yard land ; thence east with the south boundary line of said brick yard land, owned by Hughes, Boss & Co., and Arch Walker, to the Sa- vannah and Florence Road ; thence south with said road to the southwest corner of the tract of land owned by D. A. and T. J. Welch, known as the H. H. Hardin land ; thence east and north with the lines of said land to its northeast corner ; thence in a northern direction to the southeast cor- ner of the land owned by Mrs. Jennie Watson, known as the Jno. A. Pitts place ; thence with the east boundary line of said land to the Pinhook Road ; thence with said Pin- hook Road to G. A. Farriss' line ; thence with said Farms' line, so as to include his land, to Horse Creek ; thence down 28 Directors of — 434 — said creek, with its meanders, to the north boundary line of E. D. Patterson's land; thence in a western direction fol- lowing said Patterson's lines to a point east of the north- east corner of the tract of land owned by M. H. Meeks, ly- ing just north of New Town ; thence west with the north boundary line of said Meeks' land to the northwest corner of the same, and continuing west to the Savannah and Cra- ven's Landing Road ; thence in a northern direction with said road to the north boundary line to the M. F. Parker land; thence west with the north boundary line of said land, so as to include all of the same, to the Tennessee Eiver ; thence up said river, with its meanders, to the be- ginning. Sec. 2. Be it further enacted, That the Directors of gw diitHot 9aid Fourth District be, and they are hereby, directed and funds. empowered to certify and pay over to the Directors of the special School District, created by this Act, in proportion to the scholastic population of said special district, its pro rata of all school funds due the same at the time -of the passage of this Act, and said special district shall be en- titled to its pro rata of the School Fund provided by the General Assembly of the State of Tennessee of 1905. county super- Sec. 3. Be it further enacted, That the County Super- intendent of Public Instruction for Hardin County, Ten- nessee, be, and he is hereby, authorized and directed to ap- point three directors for said special School District, resi- dent within the same, to serve until the next regular elec- tion for School Directors, when there shall be elected by the qualified voters residing within said special School District three directors in the manner now provided by law; and said special School District shall be entitled to the same lawful privileges, rights, and immunities of other School Districts and be subject to the same regula- tions and control. Sec. 4. Be it further enacted, That said three School Directors so appointed by said Superintendent of Public Instruction for said County of Hardin be, and they are hereby, empowered and directed to carry out all contracts heretofore made by the Directors now acting for said Fourth District and now existing with any person or per- sons within said special School District or with any teach- er or teachers engaged in teaching any school or schools within said special School District. Sec. 5. Be it further enacted, That all laws and parts intendent to appoint directors — 435 — of laws in conflict with this Act be, and the same are here- by, repealed. Sec. 6. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 4, 1905. E. EICE, Speaker of the Senate. W. K ABEKNATHY, Speaker of the House of Representatives. Approved April 8, 1905. JOHN I. COX, Governor. OHAPTEK 210. Senate Bill No. 225. AN ACT entitled "An Act to abolish all the Civil Districts of Grundy County, Tennessee; to redlstrict said county, and establish four Civil Districts in lieu of the thirteen Civil Districts now existing in said county; to define the bounda- ries of the same, and to abolish certain offices in said county, and to provide for the election of their successors." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That there are hereby created and established for the County of Grundy four Civil Districts in lieu of the thirteen Civil Districts now existing therein. Sec. 2. Be it further enacted. That the boundaries of said new Civil Districts shall be as follows : First — The territory now embraced within the boun- First District. daries of the First, Third, and Fourth Civil Districts shall be consolidated and shall hereafter be known as the First Civil District. Second — That the territory now embraced in the Second, second Dutriot Fifth, Sixth, and Tenth (Civil Districts) shall be con- solidated and shall hereafter be known as the Second Civil District Third — That the territory now embraced within the Third District, boundaries of the Seventh, Eighth, and Ninth Civil Dis- — 436 — tricts shall be consolidated and shall hereafter be known as the Third Civil District. Fourth District Fourth — That the territory now embraced in the Elev- enth, Twelfth, and Thirteenth Civil Districts shall be consolidated and shall hereafter be known as the Fourth Civil District. Election in Seo. 3. Be it further enacted, That an election for August, 1906. justices 0f the peace? an(j all other Civil District officers, in the districts herein laid off and defined, shall be held by the election officers and Commissioners, under the ex- isting election laws, on the first Thursday in August, 1906, but the incumbent Justices of the Peace, Constables, Dis- trict Assessors, and all other Civil District officers, shall hold their offices and shall serve until the end of the terms for which they were elected, and shall be vested with all the powers and authority of their respective offices. Sec. 4. Be it further enacted, That this Act, for the purpose of electing Justices of the Peace and all other Civil District officers in the districts herein laid off and defined, shall take effect on the first day of August, 1906, but this Act, for all other purposes, shall take effect on the first day of September next, succeeding said election in 1906. No new dis- Sec. 5. Be it further enacted, That no Civil Districts created! ** *n ex<*ss of the four districts hereby created and estab- lished, shall be created out of any of the territory of said county unless authorized by an Act of the General Assembly of the State of Tennessee. Disposition of Sec. 6. Be it further enacted, That from and after the re?okrd88and first day of September, 1906, the offices of the Justices of the Peace, Constables, Civil District Assessors, and of all other Civil District officers are abolished and shall cease to exist, and the Civil Districts now existing be, and the same shall be abolished, and the Justices and other civil officers of the districts so abolished by this Act shall turn over to the Justices and officers elected under this Act, of which their abolished district has been made a part, all their docket books, papers, and documents pertaining to their respective offices, that all law books, Codes, Acts of the General Assembly, maps, etc., belonging to the county shall, within thirty days from and after the first of Sep- tember, 1906, be delivered to the Clerk of the County Court of Grundy County, to be disposed of as the County Court may see proper; Provided, that the Road Districts and School Districts in said county shall remain as now — 437 — existing until changed by lawful authority ; and Provided further, that the voting precincts of said county shall re- main as heretofore established, unless otherwise provided for by the County Court Sec. 7. Be it further enacted, That there shall be elected in each of the new Civil Districts created by this Act two Justices of the Peace, one Constable, and one Tax Assessor, election to be at period of time above stated. Sec. 8. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same. are here- by, repealed ; and that this Act take effect from and after the first day of September, 1906, the public welfare re- quiring it. Passed April 4, 1905. E. RICE, Speaker of the Senate. W. K ABEENATHY, Speaker of the House of Representatives, Approved April 8, 1905* JOHN I. COX, Governor. CHAPTER 211. Senate Bill No. 293. A BILL to be entitled "An Act to secure the establishment of a college for the higher education of teachers, In the State of Tennessee, by providing an annual appropriation therefor for a term of years." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That, whereas, the Trustees of the Peabody Education Fund, pursuant to the powers in them vested, have resolved to apply one million dollars of the capital of said fund to the establishment at Nashville, Tennessee, of a college for the higher education of white teachers for the Southern States, and as the successor of the Peabody Normal College, which was established at Nashville by the said Board of Trustees, and which is in — 438 — part supported by the State of Tennessee through annual appropriations made by the General Assembly; and, Whereas, The Constitution of the State provides that it shall be the duty of the General Assembly to cherish lit- erature and science, and pursuant thereto the State has established and now maintains a system of common schools, and has supported, by appropriation, the Normal College as a training school for teachers ; and Whereas, Great advantages will accrue to the State of Tennessee and its common schools by the establishment of said College within its limits and at its capital ; and Whereas, The said Trustees of the Peabody Education Fund, at a meeting held in the City of Washington, D. C, on the 24th day of January, 1905, adopted the following resolutions — viz. : "Be it therefore resolved (two-thirds of the members of the Board concurring), That within one year from this date there shall be delivered to this Board, or shall be placed at its disposition: First — Bonds of the County of Davidson for $50,000. Secondly— Bonds of the City of Nashville for $200,000. Thirdly— The sum of $250,000 appropriated by the State of Tennessee. Fourthly — Sixteen acres of land and the buildings and appurtenances now occupied and used by the Peabody Normal College, and conveyed by the Trustees of the Uni- versity of Nashville ; and Fifthly — The further sum of $50,000 in money or its equivalent. This Board will immediately take proper action to es- tablish in Nashville, Tenn., a college for the higher edu- cation of teachers of the Southern States, to be the suc- cessor of the present Peabody Normal College in said city, and to be known as 'George Peabody College for Teach- ers,' and to be duly incorporated in said name under competent authority and to be under the government of a Board of Trustees to be named and appointed by this Board, and to have the power to fill all vacancies which may occur on said Board. And further that this Board hereby nledges itself to appropriate $1,000,000 out of the funds in its hands as a permanent endowment of said College; said $1,000,000 to be held as a permanent fund, only the income thereof to be applied to the maintenance of the institution. And further, that as soon as the 'George Peabody Col- — 439 — lege for Teachers' shall be duly incorporated this Board will immediately assign, set over, and deliver unto the said corporation, or its aforesaid Trustees, the said sum of $1,000,000 of its funds, and also of all other moneys, bonds, and property above referred to, which shall have been received or placed at the disposition of this Board for said purpose, to be received and used by the said Trus- tees for the establishment, maintenance, and development of the said 'George Peabody College for Teachers' as an institution for the higher education of teachers for the Southern States." Section 1. Now, therefore (be it enacted by the Gen- eral Assembly of the State of Tennessee, That) the State of Tennessee hereby assents to and accepts the proposi- tion contained in said resolution. Sec. 2. Be it further enacted, That tho State of Ten- nessee hereby appropriates the sum of two hundred and fifty thousand dollars to the support, maintenance, and use of said College for the education of teachers, payable thereto as follows: Twenty-five thousand dollars annually for ten years, beginning with the year A.D. 1905, without interest, for the due, prompt, and punctual appropriation of which, by succeeding General Assemblies of the State of Tennessee, the faith and honor of the State of Ten- nessee are hereby pledged, if the Trustees of the "George Peabody School for Teachers" shall deal justly and fairly with the State of Tennessee and its teachers and students in the matter of the disposition of the funds herein granted them; Provided, however, always, that the vari- ous sums and amounts required by said resolution to be raised by the City of Nashville, and by Davidson Coun- ty, and by the Trustees of the University of Nashville, and the fifty thousand dollars in money, are raised and delivered over in manner and form and time as by said res- olution is provided; and Provided further, that the said sum of one million dollars is- applied and transferred to the use and benefit of the College located at Nashville, by said resolution contemplated; and Provided further, also that the Governor of the State of Tennessee shall be ex officio a member of the Board of Trustees of the Peabody College for Teachers. Sec. 3. * Be it further enacted, That the Governor and Secretary of State of Tennessee execute under the great seal of the State, and deliver to the said Board of Trus- tees of the Peabody Education Fund, on or before the — 442 — CHAPTER 213. Senate Bill Xo. 100. AN ACT to amend Chapter 105 of the Acts of the General Assembly of 1903, entitled "An Act to provide for the disposi- tion of the surplus remaining in the Treasury at the end of each year by appropriating it to use for scholastic purposes in the State of Tennessee, and to repeal Chapter 171, Acts of 1901, and that portion of Section 3 of Chapter 8, Acts of 1899, and any other law which is in conflict with this Act," by pro- viding the maximum amount of surplus which shall be applied for scholastic purposes, and specifying that a portion of such maximum amount be set apart to be used for the purpose of equalizing the length of the school terms in the several counties, and directing the manner in which said surplus shall be ascertained, and providing for the disposition of any surplus above the maximum amount set aside for scholastic purposes. Amount of sur- Section 1. Be it enacted by the General Assembly of Sohiois the State of Tennessee, That Section 1 of Chapter 105, woo,ooo. ° Acts of 1903, the same being entitled "An Act to provide for the disposition of the surplus remaining in the Treas- ury at the end of each year by appropriating it to use for scholastic purposes in the State of Tennessee, and to re- peal Chapter 171, Acts of 1901, and that portion of Sec- tion 3 of Chapter 8, Acts of 1899, and any other law which is in conflict with this Act" be, and the same is hereby, amended by adding at the close of said section the following: "Provided further, that the maximum amount of surplus in the Treasury set aside for scholastic pur- poses each year shall not exceed the sum of three hundred thousand dollars; and Provided further, that fifty thou- sand of said three hundred thousand dollars shall be spe- cially set apart to be used and expended annually for the purpose of making the scholastic terms of all public schools as much as six months, or as near thereto as may be accomplished with said special fund. Said special fund to be apportioned as provided in Section 4 of this Act; and Provided further, that if on the 31st day of Decem- ber of any year the surplus in the Treasury shall fall be- — 443 — low three hundred thousand dollars, the amount of such deficiency shall be made up the preceding year out of any surplus remaining in the Treasury on the 31st day of December of said year in excess of three hundred thousand dollars. Sec. 2. Be it further enacted, That the Funding Funding Board Board is hereby directed, as early as practicable after the to determine- first day o'f each year, to ascertain the amount of the sur- plus in the Treasury over and above the current obliga- tions on said first day of the year. Sec. 3. Be it further enacted, That Section 2 of said comptroller to Chapter 105, Acts of 1903, be hereby amended so as to disWse- read: "The Comptroller is directed, after the surplus has been ascertained by the said Funding Board, to pass to the credit of the school fund such surplus, provided the amount does not exceed three hundred thousand dollars, and the emergency deficiency heretofore mentioned, and shall, as soon as practicable, apportion among the various counties, in accordance with the scholastic population of the several counties, two hundred and fifty thousand dol- lars of this amount. The remainder of the said fund to the credit of the school fund shall be held to be appor- tioned in accordance with the provisions of Section 4 of this Act" Sec. 4. Be it further enacted, That the State Super- state superin- intendent of Public Instruction shall secure reports from ?lther re- each county in the State showing the length of school term ffm/in^if- in each district in said county, and the amount of expense {fe^nt Coun" incurred by each district, and these reports, together with all information which may be obtained, shall be submitted by said Superintendent to the State Board of Education at a regular or special meeting of said Board of Education, and said Boatfd of Education, after thoroughly consider- ing these reports and adopting methods of procedure and state Board of rules and regulations under the limitations of this Act, in JdopSTnae/0 order to carry out the purposes of this Act, shall apportion men1? 5r the the said sum of fifty thousand dollars of the surplus »o.-- passed to the credit of the school fund to the several coun- ties or any part of them in such manner and in such sums as to equalize the scholastic terms of the various public schools throughout the State and to make said scholastic terms not less than six months or as near thereto as may be accomplished with the said special fund. Said Board of Education, in making the distribution of this special fund, shall take into consideration the scholastic population of — 444 — each School District in the State, the amounts received by said districts from the county and from the State, inde- pendent of this special fund of fifty thousand dollars of the annual surplus, and shall be governed in determining what additional aid shall be given any district by the length of time the last scholastic term should have been with the funds received from the county and State, on the basis of a fixed amount of expense per school month of twenty days. wh*t counties Sec. 5. Be it further enacted, That no county shall be m*y receive. eijgibie to receive any benefit from this special fund of fifty thousand dollars of the amount passed to the credit of the school fund unless said county shall levy a tax of two and one-half mills on the dollar of assessable property in said county for school purposes, this to be in addition to the levy made by the State for State purposes, which remains in each county where collected. Sec. 6. Be it further enacted, That if, after carrying out the purposes of this Act to equalize the scholastic terms in the various public schools by making said terms as much as six months, there should remain any balance of this special fund, said balance shall be apportioned by the Comptroller to the various counties in accordance with the scholastic population to be used for school purposes, upon certificate from the State Board of Education speci- fying the amount of said balance, state Board to Sec. 7. Be it further enacted, That the State Board of SScVai coun- Education, through its President and Secretary, shall cer- ^toComp-tify to the Comptroller the amount of said special fund apportioned to each county, and upon receipt of said cer- tificate the Comptroller shall issue his warrant in favor of the Trustee of said county for said sum, thfe said Trustee shall apportion to each district in his county the amount to the credit of said school designated by the State Board of Education. SurpjuiftboTe Sec. 8. Be it further enacted^ That if there should be ™>X toXk- an.y residue of surplus in the Treasury at the end of each rngfund. year over an(j akove three hundred thousand dollars as herein provided for, and the emergency deficiency here- tofore mentioned, said residue shall go into the sinking fund and be applied to the retirement of bonds, as pro- vided in Chapter 8, Acts of 1899. Sec. 9. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are here- — 445 — by, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 4, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 8, 1905. JOHN I. COX, Governor. CHAPTER 214. Senate Bill No. 488. A BILL to be entitled "An Act to create a joint School District out of parts of the Fifth and Tenth Civil Districts of Hum- phreys County, to be known as the McEwen District No. 19, and to regulate the same." Section 1. Be it enacted by the General Assembly of (he State of Tennessee, That a joint School District, to be known as the McEwen District No. 19, be, and the same is hereby, established out of parts of the Fifth and Tenth Civil Districts of Humphreys County, said district to be bounded as follows — to-wit : Beginning at the Alex Simpson farm, on the Nashville Boundaries and Charlotte Stage Road, at the head of Trace Creek, one and one-half miles northeast of the center of the Town of McEwen, and running south to Yellow Bank Trestle on the N., C. & St. L. R. R., said trestle being one mile east of the center of the Town of McEwen ; thence southwest via Wesley Lomax's and Patrick Hughes' farm on the Mc- Ewen and Hurricane Road to Samuel May's farm on Big Blue Creek, two miles south of the center of the Town of McEwen; thence northwest via Brown Cheates and Hous- ton Henry's farm, to the residence of M. G. Chronister, on the McEwen and Little Blue Creek Road, said residence being one and one-half miles from the center of the Town of McEwen ; thence north via the Matt Jansen and Pat- — 446 — rick McGlynnan farms, on the IfcEwen and Waverly Road on Trace Creek, said place being one and one-half miles from the center of the Town of McEwen; thence east with the meanderings of said creek to the beginning, including all the territory within the boundaries above set out Sec. 2. Be it further enacted, That all public free school property situated within the limits of the district hereby and herein created shall be and become the proper- ty of such said Nineteenth School District, to be held and used by it as other free school property. county super- Sec. 3. Be it further enacted, That upon the passage appoint first of this Act the County Superintendent of Humphreys eotors. county shall appoint three School Directors for said Nineteenth School District, who shall possess all the quali- fications required by existing laws for School Directors, and shall possess all the powers and authority under ex- isting laws given to School Directors of the State, who shall hold office until the next regular election for School Directors of the State. Election of Sec. 4. Be it further enacted, That upon the appoint- ment and qualification of said directors they shall elect one of their number Clerk who shall, as soon as practica- ble, take a scholastic census of said district and file one copy of the same with the County Superintendent of Humphreys County, Tennessee, and one with the Trustee of said county. Such census shall show separately the scholars within the old territory of the Fifth and Tenth School Districts of said county embraced in the district hereby created and from which the same is hereby cre- ated and detached. Sec. 5. Be it further enacted, That upon the filing of said scholastic census as aforesaid, the County Superin- tendent, together with the Trustee of Humphreys County, shall ascertain the several amounts of free school money apportioned and unexpended to the credit of said Fifth and Tenth School Districts with said Trustee, and in the proportion said scholastic census shows according to the last scholastic census for said Fifth and Tenth School Districts that the scholastic population taken from said district and embraced in the district here created, said Superintendent shall issue warrants against said free school funds of said Fifth and Tenth School Districts to the Trustee of said Humphreys County transferring such part or proportion of said free school fund from said Fifth — 447 — and Tenth School Districts herein created, which warrant said Trustee shall honor and place the sums to the credit of the district herein created, and charge the same re- spectively against said Fifth and Tenth School Districts, from which the same are transferred and which amount, when so transferred and so credited, shall be and become the property of the district herein created. Sec. 6. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 4, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 8, 1905. JOHN I. COX, Governor. CHAPTER 215. Senate Bill No. 407. A BILL (to be entitled) "An Act to amend Chapter 114 of the Acts of Tennessee, 1903, entitled 'An Act to regulate the collection of costs and fees in criminal cases arising under the small offense law by Justices of the Peace in counties of this State having a population of from 60,000 to 90,000 inhab- itants by the Federal census of 1900, or that may have that population by any subsequent Federal census/ so as to pro- vide that said Act shall apply to counties having a population of 150,000 inhabitants or over by the Federal census of 1900, or any subsequent Federal census." Section 1. Be it enacted bv the General Assembly of the State of Tennessee, That Chapter 114 of the Acts of 1903 be amended as follows: That Section 1 of said Act be amended* by inserting immediately after the words "60,000 to 90,000" the fol- lowing words, "and also 150,000 or over," and also by in- serting immediately after the words "Civil District" the following words, "or municipal corporation." — 448 — Sec. 2. Be it further enacted, That Section 2 of said Act be amended as follower: That immediately after the words "magisterial district" be inserted the following words, "or municipal corporation ;" and immediately after the words "than the district" be inserted the words, "or municipal corporation;" and immediately after the words "of such district" be inserted the words, "or municipal corporation;" and immediately after the words "in whose district" be inserted the words, "or municipal corpora- tion." Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 4, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHY, Speaker of the TTouse of Representatives. Approved April 8, 1905. JOHN I. COX, Governor. CHAPTER 216. House Bill No. 366. AN ACT to amend Chapter 577 of the Acts of 1903 and House Bill No. 770, the same' being an Act entitled "An Act to reduce the number of Civil Districts in Henry County by abolishing certain districts, and annexing the territory embraced therein to the districts remaining, and to renumber said remaining districts," so as to create Civil District No. 14 in said County of Henry, and provide for the election of officers in same. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 577 of the Acts of 1903, and House Bill No. 770, be, and the same is hereby, amended as follows : By striking out "23" in the first line of Section 1, and lines "24" and "25" of said section, and by adding to Section 1 the following: "District No. 23 shall be changed to Civil District No. 14." Sec. 2. Be it further enacted, That the Election Com- missioners of the said County of Henry be, and the same — 449 — are hereby, authorized to call an election to be held in said District Xo. 14, as established by this Act, and under the rules now prescribed by law, not later than the 15th day of April, 1905, for the purpose of electing two Justices of the Peace, one Constable, Tax Assessor, and three School Directors, the same to hold their office until the next gen- eral August election thereafter. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it, and that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Passed ]tfarch 31, 1905. W. K. ABERXATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 7, 1905. JOHX I. COX, Governor. CHAPTEE 217. House Bill No. 428. AN ACT to amend Chapter 348 of the Acts of the General Assembly of the State of Tennessee for the year 1903, entitled "An Act to create a Board of Jury Commissioners for counties in this State having a population of 24,255 and less than 24,275 inhabitants by the Federal census of 1900, and for the selec- tion of juries, etc." Section 1. Be it enacted by the General Assembly of tm>a <* «g-w the State of Tennessee, That Section 4 of Chapter 348 of tins county, the Acts of the General Assembly of the State of Tennes- see, for the year 1903, entitled "An Act to create a Board of Jury Commissioners for counties in this State, of the population named in said Act, etc., be, and the same is hereby, amended so as to read down to the sentence, The Circuit Court Clerk, as Clerk of the Board, shall pur- chase for the Board a suitable and well-bound book in which to record said list/ " as follows — to-wit : "That it shall 39 — 450 — be the duty of said Jury Commissioners to select from the tax books of the county and other sources, names of up- right and intelligent men, known for their integrity, fair character, and sound judgment, from each and every dis- trict in the county, and in proportion to the population of such districts as near as may be, and possessing the quali- fications now prescribed by law, except that service on a regular panel within one year shall not disqualify a per- son, a list of names numbering not less than two hundred and fifty, nor more than three hundred. Said list shall constitute the jury list for one year from the making thereof, and shall not during the said year be added to or taken from, except as hereinafter provided." judge may Sec. 2. Be it further enacted, That Section 5 of said $frortnfrom Act be, and the same is hereby, amended by the addition bystanders. Qf foe following proviso at the end, and as a part of said section — to-wit: Provided fuHher, that the presiding Judge may, in his discretion, designate by name from by- standers or other citizens of the county, additional jurors necessary to complete the regular panel without drawing the names from the jury box, and in which event the record will show such designation and the names of the parties designated. Sec. 3. Be it further enacted, That the last sentence in Section 8 of said Act be, and the same is hereby, amended so as to read as follows : "If by reason of excus- ing jurors under this section it becomes necessary to have additional jurors during the term they shall be drawn from the box or designated by the presiding Judge, as provided in Section 5 of this Act." List to be pre- Sec. 4. Be it further enacted, That Section 10 of said STonda^iS'81 Act be amended so as to read as follows: That the jury list June, 1905. herein provided for shall be prepared as soon as practica- ble after the passage of this Act. On the first Monday in June, 1905, or as soon thereafter as practicable, and annually thereafter, the Board shall make out a new jury list, and place the names in the jury box, the names then remaining in the jury box being first removed; Provided, that if within one year the number of names remaining in the jury box shall have been reduced below seventy-five, then the Judge of the court may, by order, made either at chambers or in open court, require the Board to renew the list and box as though the one year had expired. Sec. 5. Be it further enacted. That Section 11 of said Act be so amended as to strike out the words "two years" — 451 — in the fourth line from the top of said section and substi- tute therefor the words "one year." Sec. 6. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 31, 1905. W. K. ABERNATIIY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. JOHX I. COX, Governor. Approved April 7, 1905. CHAPTER 218. House Bill No. 552. A BILL to be entitled "An Act to change the line between Overton and Putnam Counties." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the county line between Over- ton and Putnam Counties be, and the same is hereby, so changed so as to detach that portion of land belonging to Ben Mason, which is in Putnam County, and attach the same to Overton County. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 4, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 7, 1905. JOHX I. COX, Governor. — 452 — CHAPTER 219. House Bill No. 38. AN ACT to amend Section 324 of the Code of 1858, known as the Code of Tennessee, so as to provide for the performance of the duties of Clerks of the Circuit and Criminal Courts and to regulate their salaries in counties having a population of less than 7,500 or more than 7,450, according to the Federal census of 1900, or any subsequent census. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 324 of the Code of Tennessee be, and the same is hereby, amended by add- ing the following provision — viz. : Provided, that in coun- ties having a less population than 7,500 and more than 7,450 by the Federal Census of 1900, or any subsequent Census, the Eegister of said county shall be ex officio Clerk of the Circuit and Criminal Courts, and shall per- form the duties of such Clerks and receive the same salary as now provided or may hereafter be provided by law for such Clerks. And such Eegister shall include in his re- port to the County Court of fees collected all fees collect- ed by him as Register and as Clerk, and the total of all fees collected both as Clerk and as Register shall be taken into account in ascertaining the amount of salary due from the county. Sec. 2. Be it further enacted, That this Act take effect for the purpose of electing such Register on the first Thursday in August, 1906, and for all purposes on the first Monday in September, 1906; Provided, that in the event any vacancy in the offices of Circuit Clerk or Reg- ister should occur in the counties affected by this Act, as to such county, this Act shall take effect upon the* happen- ing of such event, the public welfare requiring it. Passed March 31, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 7, 1905. Speaker of the Senate. JOHN I. COX, Governor. 453 CHAPTER 220. House Bill ~So. 519. AX ACT to amend the charter of the City of South Pittsburg, ; Tennessee, and to repeal and codify the various amendments thereto into one Act. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the charter of the City of South Pittsburg, Tennessee, as contained in Chapter 235 of the Acts of 1899, entitled "An Act to incorporate the Town of South Pittsburg, in the County of Marion, and make same a School District, provide for the election of the necessary officers, prescribe their duties, powers, and compensation, and define the city limits and the powers of said corporation, to amend and repeal the present char- ter of the same, and to provide for the payment of its out- standing obligations, and to codify all laws upon this sub- ject into one Act, and to authorize said city to issue bonds, upon certain conditions," be, and the same is hereby, amended in the following particulars: Section 1 of Article 2 is amended so that the Mayor shall be elected for two years instead of one year as here- tofore. Section 10, Sub-Section 3 of Article 2, is amended by F™g>g* ™n- adding thereto the following, "and to compel the adjacent downside- property owners on Cedar Avenue, between Second and Sixth Streets, to put down sidewalks in front of their property of uniform character, upon the city paying one- half the expense thereof, including the placing of curbing, in case any property owner fails to pay the one-half of the cost of pavement chargeable to his property, the same Bhall be a charge upon the adjacent property and collecti- ble in manner provided for the collection of taxes, immedi- ately upon the completion of the work by the city." Section 7 of Article 3 is amended so that a vacancy in the Board shall be filled by the remaining members of the Board, instead of a special election. Sub-Section 16 of Section 10, Article 2, is hereby re- m»i« inhaw- pealed, and in lieu thereof is inserted the following: street*. "Each male inhabitant, between the ages of twenty and — 454 — * forty-five years, that lives or boards within said munic- ipality as a citizen, shall perform four days' work of nine hours each upon the public streets of the city or in lieu thereof pay into the City Treasury four dollars each, such inhabitant shall be liable to work or commute as above at any time upon five days' notice, provided no one shall be required to work or commute oftener than once each cal- endar year or fractional part thereof he may be a resi- dent of the city. A failure to work or commute as above shall be a misdemeanor and subject the offender to a fine in the City Court in double the amount and imprison- ment until such fine and costs are paid. The Board of Mayor and Aldermen shall pass proper ordinance for carrying this provision into effect." Section 1 of Article 4 is amended by adding thereto the following: "Provided, that rate of property tax shall be ten mills on the dollar for the year 1905 and 1906 after which the rate shall be seven and one-half mills on the dollar." Section 3 of Article 4 is amended by striking out of said section the words "31st day of December of each year" and inserting in lieu thereof the words, "1st day of March of the following year." May fund Section 10 of Article 4 is amended by prefixing to said 2ebtJSnelM. section the following, "Not less than twenty-five per cent of the total revenues of the city shall be set apart as sink- ing fund to pay the present outstanding indebtedness or any other necessarily incurred. The Board of Mayor and Aldermen may, by two-thirds majority, direct the Mayor, from time to time, to borrow money to fund floating in- debtedness, necessarily incurred, and to execute notes therefor, such notes, when signed by the Mayor upon reso- lution of the Board, shall be a valid obligation of the city." The words "twenty-five per cent" in the first line of said Section 10 are stricken out, and the words, "ten per cent" inserted. Sec. 2. Be it further enacted, That Chapter 360 of the Acts of 1901, passed April 19, 1901, which was an amendment and continuation of the charter of South Pittsburg, Tennessee, as contained in Chapter 235 of the Acts of 1899 above set out, with caption substantially as that copied in the first section of this Act, be, and the same is hereby, repealed. — 455 — Chapter 446 of the Acts of 1903, which is an Act to amend the charter of the Town of South Pittsburg, in Marion County, Tennessee, so as to provide for the pay- ment of its outstanding indebtedness and for other pur- poses, passed April 10, 1903, is hereby repealed. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 5, 1905. W. K. ABERXATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 8, 1905. JOHN I. COX, Governor. CHAPTER 221. House Bill No. 570. i AN ACT to create and establish a School District in Jefferson County, Tennessee, to be known as School District No. 8, and to define the boundaries thereof. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a School District, known as District No. S, be, and the same is hereby, established in | Jefferson County, Tennessee, and that said School District 1 Xo. 8 shall include the territory formerly included in the Fifth Civil District of Jefferson County, Tennessee, before the passage of the Act redisricting Jefferson County, Ten- nessee, as passed by the General Assembly of 1903, as shown by House Bill No. 983, printed in the Acts of 1903, on pages 1228, 1229, and 1230. The purpose of this Act being to create an independent School District, known as i School District No. 8, to include the territory formerly in- cluded in the Fifth Civil District of Jefferson County, Tennessee, before the passage of the Act above referred to. — 456 — Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 4, 1905. W. K. ABERNATHY, Speaker of the House of Representatives, E. EICE, Speaker of the Senate. Approved April 7, 1905. JOHX I. COX, Governor. CHAPTER 222. House Bill Xo. GOG. AN ACT to change the line between the Counties of Cannon and Wilson. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between the Coun- ties of Cannon and Wilson be so changed as to include all the lands of Henry Thomas, T. L. McMillin, and Mar- guerite Tenpennv in Cannon County. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 4, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of (he Senate. Approved April 7, 1905. JOHX I. COX, Governor. — 457 — CHAPTER 223. House Bill No. 559. A BILL to be entitled "An Act to establish an independent School District in the Sixteenth Civil District of Warren County, Tennessee, and to be known as Dibrell School Dis- trict No. 59." Section 1. Be it enacted by the General Assembly of the State of Tennessee-, That an independent School Dis- trict be established in the Sixteenth Civil District of Warren County, Tennessee, with the following bounda- ries : Beginning with the farm of Robert Kenton on Moun- tain Creek and running up said creek to H. Christian's farm, including the farms of B. F. Womack, E. H. Rob- inson, J. T. Turner, J. X. Kenton, and then running west to the line of the Twelfth Civil District, including the farms of L. Sutton and D. P. Taylor; thence south with the line between the Twelfth and Sixteenth Civil Districts, including the farms of William Martin, Poter- field, and William McGregor; thence to the line of the Thirteenth Civil District, including A. C. Summers and the farm of Ben Bullard ; thence east wTith the said line of the Thirteenth Civil District to the Fourteenth Civil District, including the farms of Melvin Sparkman and A. A. Turner; thence with the Fourteenth Civil District line, including the Wilson's lands ; thence with Mountain Creek to the Robert Kenton farm, including same. The said School District is to be known as Dibrell School Dis- trict No. 59, and shall have all the rights and privileges and emoluments as other School Districts of Warren County, and shall be controlled by the Directors appoint- ed by the County Superintendent, to serve until the next regular election, when the three Directors shall be elect- ed by the qualified voters of the said School District as other School Directors are elected and for the same time. — 458 — Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it- Passed April 4, 1905. W. K ABERXATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 7, 1905. JOHX I. COX, Governor. CHAPTER 224.. House Bill Xo. 471. BILL to be entitled "An Act to amend an Act passed by the Legislature on the first day of April, 1901, Chapter 258, enti- tled 'An Act to incorporate the Town of Sweetwater, In Mon- roe County, Tennessee, and to provide for the government thereof; to establish a School District therein; to authorize said corporation to borrow money and issue bonds for cor- porate purposes; to provide for the election of officers, pre- scribe their duties, and for other purposes/ " ARTICLE I. Amend bound- Section 1. Be it enacted by the General Assembly of "oynde8crip' the state °f Tennessee, That the limits of said Town of Sweetwater and the lines be so changed in the sixth line of the description in Acts of 1901 as to use the word "west" instead of the word "east," and then read as follows after the word "west" is inserted, "west with Monroe Street to the southeast corner of the old Fair Grounds; thence north with the east line of the old Fair Grounds to Boyd's or Wilson's line ; thence easterly with Boyd's line to Boyd's or Wilson's southeast corner; thence north with Boyd's or Wilson's line and G. H. Ferguson's line to Beardshear's and Williams' line to Gauts' and James May's line," and then the same description as in Acts of 1901. — 459 — ARTICLE II. Section 1. Be it further enacted, That Section 6 of property own- Article IX., be so amended as to add to said section that anV?ep£ird before said lien provided for in said section shall apply, sidewalks, the Board of Mayor and Aldermen shall issue, through the Chairman of the Board of Public Works, written notice to the owner or occupant of the lot to make or repair the side- walk along his property, said written notice to designate the kind of sidewalk to be made or how to repair it and with what kind of material, and have the same served on the property owner or occupant by the Marshal or some other officer of the Town of Sweetwater, Tennessee, and that if the sidewalk in question is not made or repaired within twenty days from the date of the service of notice that at any time thereafter the Board of Mayor and Alder- men shall, through their agents or street foreman, proceed to do the work, and the value of the same shall become a lien upon the property along which it runs, and said lien may be enforced as other liens upon realty. AKTICLE III. Section 1. Be it further enacted, That said Act be so chairmen of amended as to create Article XIII. of said Act, and pro- tobwome8 vide that the chairmen of the three committees appointed no*$>rkTub~ by the Mayor — to-wit: Street Committee, Finance Com- mittee, and Sanitary Committee — shall be and constitute the Board of Public Works for the Town of Sweetwater, and these three men shall organize as such after being sworn in as Aldermen, and shall have a Chairman, who shall be the Chairman of the Street Committee, appointed aforesaid, and the Board of Public Works shall, from time to time, make their reports to the Board of Mayor and Aldermen, to their regular meetings or at called meet- ings of said Board of Mayor and Aldermen; and this Board of Public Works shall have control and supervision of all the public streets, squares, avenues, alleys, parks, and thoroughfares of the town, including sidewalks, foot pave- ments, curbings, health regulations, and sanitary regula- tions, sewerage, drainage, and all contrivances for light- ing the town, by electric lights or otherwise, and of the waterworks, if any are built; and it shall be the duty of the Board of Public Works to see that all the laws and or- dinances of the Town of Sweetwater are enforced. — 460 — powers of Said Board of Public Works shall also have the power Board* to contract for and purchase the necessary material to im- prove, repair, and keep the streets, street crossings, alleys, bridges, and sidewalks in good condition, and to use the street force; Pivvided, however, that no expenditure shall exceed the amount of funds available for the purpose, which shall at all times be provided for and set apart by the Board of Mayor and Aldermen before said work is done. For all of said work, whether under contract or otherwise, they shall issue an order to the Treasurer, which shall be approved by the Board of Mayor and Aldermen, and they shall make their report of all expenditures at the regular monthly meeting of the Board of Mayor and Al- dermen at the end of each month, and shall at all times as- certain what funds are available before any contract for wrork is let or work done, and only contract to use the available funds. Compensation. Sec. 2. Be it further enacted, That the Chairman of the Board of Public Works shall receive ten dollars per month, and each of the other two members of the Board of Public Works shall receive five dollars per month, to be paid quarterly as other salaries. Sec. 3. Be it further enacted, That the Board of Pub- lic Works, or any member of the same, may be discharged by the Mayor for nonperformance of duty or for failure to look after the matters entrusted to their care, or for any other reason in keeping with the line of their work, and others be appointed in their stead. ARTICLE IV. Section 1. Be it further enacted, That Article XIII., Section 1, be so amended as to strike out that part of the third and fourth lines that reads as follows, "To see that all the laws, ordinances, and laws of the corporation are enforced," and it shall be the duty of the Board of Public Works to see that all the laws and ordinances of the Town of Sweetwater are promptly enforced by those whose duty it shall be to, from time to time, perform each duty and enforce each law. AKTICLE V. salary of Section 1. Be it further enacted, That Section 1 of Mayor. Article X. be so amended as to read that the Mayor shall receive as his salary a sum not to exceed one hun- — 461 — died dollars per year; and each member of the Board of Mayor and Aldermen, other than the Mayor and Board of Public Works, shall receive a sum not to exceed twenty- four dollars per year, which sum shall be paid quarterly as provided. ARTICLE VI. Section 1. Be it further enacted, That the Board of pauper fund. Mayor and Aldermen are hereby empowered to, and may create and set apart a fund that shall be known as a pauper fund, same not to exceed one hundred dollars per annum, same to be taken from the general fund of said corporation, and this fund shall not be used for any pur- pose except upon order of the Board of Public Works, countersigned by the Mayor. ARTICLE VII. Section 1. Be it further enacted, That Article XL, Section 3, be, and is hereby, amended so as to strike out the two words "vote cast/' and insert in lieu thereof, after the word "majority," the words "of the votes cast at an election;" and to further amend said section so as to add to the same that when such an election is held the proportion of the money voted and of the said bonds to be issued for streets, electric light plant, and school buildings shall be fully set out in the call for election ; and to provide further that the votes shall be cast for each of the said purposes separately, and that any one or more of said improvements may carry and be issued for the pur- pose without interfering with or affecting the rights to vote again upon the other, and, if carried, to then issue bonds also for any or all of the other improvements, if they are carried in any Selection held for said purpose or purposes. Sec. 2. Be it further enacted, That Article XII., Section 2, of said Act be amended so as to strike out the words "Justice of the Peace of Monroe County" and in- sert in lieu thereof the words, "The Mayor or any one of the Aldermen." Sec. 3. Be it further enacted, That the said Act be further amended so as to authorize and empower the Board of Mayor and Aldermen to appropriate and set apart an amount not exceeding one hundred dollars 462- ($100) each year for the purpose of enlarging, creating, and sustaining a public library in the Town of Sweet- water. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 3, 1905. W. K. ABERJsTATHT, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 7, 1905. JOI1X I. COX, Governor. CHAPTER 225. House Bill Xo. G6S. A BILL to be entitled "An Act to authorize Jefferson County to issue bonds for the purpose of macadamizing a road from Dandridge to Jefferson City, and to provide for the payment of said bonds and interest." •20,000.00 bonda Section 1. Be it enacted by the General Assembly of for roads. //|p gMe ^ TennesseCf That jeffcrson County, through its Quarterly County Court, be, and is hereby, authorized and empowered to issue bonds of the county to the amount of twenty thousand dollars, to bear interest at a rate not exceeding five per cent per annum, and to run not ex- ceeding twenty years, the proceeds to be used for the purpose of macadamizing a road leading from Dandridge to Jefferson City, said macadamizing to be placed on the road ; the contract for grading of which has been let. How issued. Sec. 2. Be it further enacted, That said bonds shall be signed by the Chairman and the County Court. Clerk, with his official seal attached ; shall be in such amounts, not exceeding one thousand dollars, as may be ordered by the court. Said bonds to be numbered consecutively in the order of their issuance, beginning with one; interest to be paid in legal tender money of the United States. — 463 — Sec. 3. Be it further enacted, That said bonds shall interest cou- havt attached to them interest-bearing coupons showing the P°nsatt,lched amount of each semi-annual installment of interest on said bonds and when the same shall fall due ; each coupon shall be signed in the same manner as the bonds, except the official seal of the Clerk of the County Court need not be affixed to the coupons ; the said coupons, however, shall have on their face the number of bonds to which they are attached. The bonds and coupons herein provided for when due and paid off by the Trustee shall be by said Trustee cancelled by stamping or writing on the face thereof the date of payment and held by him as his vouch- ers for the same in his settlement with the Chairman of the County Court, who will preserve said coupons as a part of the records of his office. Sec. 4. Be it further enacted, That it shall be the interest and duty of said Quarterly County Court to levy a tax an- ||l°ldn*fund nually on the taxable property of said county sufficient for the purpose of paying the annual interest on said bonds, also for the purpose of creating a sinking fund for the redemption of the bonds herein authorized, when the same fall due, in such sum as said County Court may determine. The Clerk of the County Court shall keep in a well- bound book, in his office, a record of the number and denomination of all bonds issued under this Act and the aggregate sum thereof, which at all times shall be subject to the inspection by said court and the public. Sec. 5. B§ it further enacted, That the County Trus- Trustee to coi- tee shall collect and account for the tax herein authorized lect* in the same manner as he is now required to collect and account for other county taxes, and he shall receive the same compensation as for collecting and accounting -for other county taxes. Sec. 6. Be it further enacted, That the Chairman of R^temption of the County Court of said county shall, within the last sixty days preceding the maturity of said bonds, give notice to the holder or holders of same, through a newspaper pub- lished in said county for a term of thirty days' standing in said notice, the date said bonds fall due, and requesting that the same be presented for payment or redemption on said date of maturity, and if said bonds be not presented for payment at maturity, then the interest thereon shall cease on that day. — 464 — chairman to Sec. 7. Be it further enacted, That for the purpose miMioner8m"of carrying out the purposes of this Act the Chairman of the County Court shall appoint two Commissioners to act with himself, one of whom shall reside at Dandridge and the other at Jefferson City. Said Commissioners shall ad- vertise for bids on said work, as a whole or in sections or in parts, but the contract for said work shall not be let until the bidders shall make a bond in such an amount as the Commissioners shall see fit to fix for the carrying out said contract in accordance with the specifications therein. Xot more than eighty per cent of the amount earned shall be paid the contractor or contractors until the work is com- pleted and accepted by said Commissioners. Sec. 8. Be it further enacted, That said Commission- ers shall make report to Quarterly County Court showing the progress of said work in detail, and at completion of the work shall make a final report. Bonds to be Sec. 9. Be it further enacted, That said bonds, when TrolSe^ to issued by the Clerk, shall be turned over to the Trustee for sale at either public or private, and said Commissioners shall assist the Trustee in the sale, but said bonds shall not be sold for less than their par value. Said funds shall be paid out by the Trustee on the Chairman's warrant, as other moneys are paid for general county purposes, but no warrant shall be drawn on said fund by the Chairman without an order signed by a ma- jority of the Commissioners showing the account on which said money is to be expended. Sec. 10. Be it further enacted, That said bonds shall not be taxable by the county for county purposes. Sec. 11. Be it further enacted. That this Act take ef- fect from and after its passage, the public welfare requir- ing it. Passed March 30, 1905. W. K. ABERXATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 7, 1905. JOHN I. COX, Governor. — 465 — CHAPTER 226. House Bill No. 600. .* HILL to be entitled "An Act to create special School District No. 17, in Crockett County, Tennessee, including the Town of Maury City." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That, in order to better serve the public school interests of the community of Maury City, Tennessee, in the Tenth Civil District of Crockett County, special School District No. 17 is hereby authorized and created with metes and bounds as follows — to-wit: Begin- ning at a point on the old Holly Springs, Brownsville and Ohio Railroad bed, about one mile north of Maury City ; thence east to public road leading from Esquire S. G. Booth to Browders v thence south with road to northwest corner of the Nunn farm; thence east to the northeast corner of the Nunn farm ; thence south with the Crockett Mills Road to the Alamo and Chestnut Bluff Road ; thence east with said road to the northeast corner of the Mayo farm ; thence south to Brook's southeast corner ; thence west with the Gates and Alamo Road to the old district line; thence south with the old district line to Black Creek ; thence west with the creek to the southwest corner of the C. H. Onim farm; thence north to the Harrison farm ; thence west to Harrison's southwest corner ; thence north to the southeast corner of the Rucker farm ; thence north to the Alamo and Gates Road; thence west with said road to Sutton's southwest corner; thence north to Sutton's northwest corner; thence east with Claybrook Alley to Cleek's southwest corner; thence north to Cleek's northwest corner; thence east to J. T. Perry's southwest corner; thence north to Perry's northwest corner; thence east to Sandlin's northeast corner; thence north to Perry's northwest corner; thence east to the old railroad bed; thence north with said railroad bed to the beginning. 30 rectors. — 466.^- County super- Sec. 2. Be it further enacted, That the County Super- appointV10 intendent is hereby authorized to appoint three citizens living in the above described territory to serve as School Directors until the next regular election of School Direc- tors, when three Directors shall be elected by the people of said special School District in the manner now pro- vided by law. And the Directors herein provided for are authorized and empowered to receive from the Directors of the School Districts from which this special district is formed its pro rata of any and all school funds in the hands of the Directors of the original School Districts in proportion to the scholastic population of each fraction so taken to form this special district. Section 3. Be it further enacted, That the manage- ment and control of the school or schools in the above described district be, and remain, in all other respects under the general public school laws as the same now exist, and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 4, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. JOHN I. COX, Governor. Approved April 8, 1905. — 4H7 — CHAPTER 227. House Bill No. 491. AX ACT to authorize the Town of Johnson City, Tennessee, to issue coupon bonds to the amount of thirty-five thousand dol- lars ($35,000), the proceeds to be used in the purchase of a site, and the erection thereon, of a high school building with- in said town, and for the purpose of furnishing and equip- ping: the same; and also for the purpose of making additions to the other school buildings of said town. Section" 1. Be it enacted by the General Assembly of the State of Tennessee, That from and after the passage of this Act the Board of Mayor and Aldermen of said Town of Johnson City, Tennessee, is authorized to issue the coupon bonds of said town, under the restrictions here- inafter set out, not to exceed the sum of thirty-five thou- sand dollars ($35,000), payable, principal and interest, in any lawful currency of the United States; Provided^ that said bonds, when issued, shall not be sold for lessthan par. Sec 2. Be it further enacted, That all bonds issued Denomination under this Act shall be in denomination of five hundred andintere>t- dollars ($500) each, and bear a rate of interest not ex- ceeding five per cent per annum, payable semi-annually, and represented by coupons attached to the bonds, and said t>onds to mature in not less than ten nor more than twenty years, as may be determined prior to issue by the Board of Mayor and Aldermen of said town, the principal and interest to bo payable at such places as the said Board of Mayor and Aldermen may determine. Sec. 3. Be it further enacted, That the said bonds, or to purchase the proceeds thereof, shall be used exclusively for the pur- bunding001 pose of purchasing a suitable site for a high school build- ing within the corporate limits of the said Town of John- son City, and the erection thereon of a high school build- ing of such size, design, and architecture as may be deter- mined by said Board of Mayor and Aldermen ; and for the purpose of furnishing and equipping the same, and also for the purpose of making additions to the other school buildings of said town ; Provided, that said Board may de- — 468 Election to be held. tcrinine the location of said building, after authorization to issue said bonds as hereinafter provided, and Provided further, that the total cost of site, building, equipment, and additions shall not exceed the sum of thirty-five thousand dollars ($35,00b). Sec. 4. Be it further enacted, That the said bonds shall not be issued unless so ordered by a majority of the votes cast in an election, to be held upon thirty days' notice, by order of the Board of Mayor and Aldermen at any time, and as many times as said Board may deem necessary. Sec. 5. Be it further enacted, That said election shall be held according to the laws regulating such elections ex- isting in the State of Tennessee. Sec. 6. Be it further enacted, That the officers charged with the duty of providing for the registration of votes in the general elections and the management of general elec- tions in the Town of Johnson City, are hereby charged with the duty of providing for the registration of voters and the conduct of any and all elections held under this Act; Provided, that all expenses of said election shall be borne by the Town of Johnson City. Sec. 7. Be it further enacted, That whenever any elec- tion shall be held under this Act the officers of election shall make a return thereof, in the manner and to the per- son prescribed by law in general municipal elections, and the votes shall be canvassed and the result decided and an- nounced in the method now provided by law for said gen- eral elections. Sec. 8. Be it further enacted. That the Commissioners of Election shall furnish, according to the laws now exist- ing and regulating elections in this State, tickets to be used in said election, and upon said tickets shall be printed first, "Bonds," and second, immediately below, "No Bonds," and persons voting for the issuance of bonds shall mark their tickets wTith a cross opposite the word "Bonds," . and those voting against the issuance of bonds shall, in like manner, mark their tickets opposite the words "No Bonds." Board to man- Sec. 9. Be it further enacted, That the funds arising age funds. from tjie 9aje or gajes 0f ggjj fondg shall be under the man- agement and control, as to keeping and expenditure, of the Board of Mayor and Aldermen of said town, and in no event shall said funds be paid out except upon approval in writing of the Mayor of said town, and of a Building Com- mittee, composed of four (4) Aldermen of said town, or Returns of election. Form of ballots. — 469 — one member from each ward, who shall be appointed by the Mayor, whose duties shall be to inspect the building equipment and additions to other buildings provided for herein, from time to time, and shall see that the same are erected and equipped according to plans and specifications ; Provided, that said building and additions to other build- ings shall be let to contract to the lowest and best bidder, who shall, before entering upon the work, enter into a bond in double the amount of the contract price, conditioned for the faithful performance of the contract, according to plans and specifications ; Provided further, that plans and specifications for said building, equipment, and additions to other buildings, shall be drawn up and adopted, and such advertisements made for bids as said Board may de- termine, before said contract is let. Sec. 10. Be it further enacted, That the said Board Board to em- may employ some capable and disinterested resident and visoVoF*" citizen of Johnson City,' and fix his compensation in ad- building- vance, whose duties shall be ta inspect said building from time to time, have general supervision over the work and construction of the same, and who shall see that said build- ing is erected according to the plans and specifications, and who shall approve all bills and accounts before they are paid, and make report thereof to the Board of Mayor and Aldermen, after which, if said bills and accounts are ap- proved by said Building Committee, then the same may be paid as above provided; Provided, that such party, when employed, shall execute a bond in an amount to be fixed by the Board of Mayor and Aldermen before entering upon his duties. Sec. 11. Be it further enacted, That the Board of interest and Afayor and Aldermen of said town shall annually levy JJ£*lnKfund and collect a special tax to pay interest on the bonds is- sued hereunder, and also to provide a sinking fund with which to liquidate said indebtedness, and any and all funds collected under said levies shall be used only to pay interest upon, or liquidate, the bonded indebtedness of said town. Sec. 12. Be it further enacted, That some person, investment of persons, or trust company, who or which shall execute a ^8inkingfund- bond in amount and terms approved by the Board of Mayor and Aldermen of said town, mav be chosen as the Trustee or Trustees to invest the sinking fund, and it is hereby made the duty of said Trustee or Trustees to invest said fund only in manner and form provided by — 470 — the laws of Tennessee for the investment of the funds of a ward by his guardian or used in the discretion of the Board of Mayor and Aldermen and the Trustee or Trustees in the purchase of bonds issued hereunder, or other outstanding valid bonds of the Town of Johnson City. Sec. 13. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare re- quiring it. Passed April 5, 1905. W. K. ABERXATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved. JOHN I. COX, Governor. CHAPTER 228. TIursE Bill Xo. 537. AN ACT entitled an Act to repeal an Act passed March 19, 1903, entitled "An Act to make it unlawful for owners of swine, sheep, or goats, or those having the control or custody of such animals, to permit them to run at large in counties hav- ing a population of more than 30,575, and less than 30,650, by the Federal Census of 1900, or any subsequent Federal Cen- sus, and to prescribe a remedy for damages committed by such animals, and to prescribe punishment for the violation of this Act." a ta Section 1. Be it enacted by the General Assembly of niiesto the State of Tennessee, That an Act of the General As- ^reene oun- gemyv 0f t]ie gfa^e 0f Tennessee, passed March 19, 1903, and approved March 25, 1903, entitled "An Act to make • it unlawful for owners of swine, sheep, or goats, or those having the control or custody of such animals, to permit them to run at large in counties having a popula- tion of more than thirty thousand five hundred and seventy-five and less than thirty thousand six hundred and fifty by the Federal Census of 1900 or any subsequent — 471 — Federal Census, and to prescribe a remedy for damages committed by such animals and to prescribe punishment for the violation of this Act," be, and the same is hereby, repealed. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 5, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved. JOHN I. COX, Governor. CHAPTER 229. House Bill No. 190. i AN ACT to repeal An Act entitled "An Act to provide for locat- ing-and building public roads in Anderson County, by authoriz- ing the County Court to issue interest- bearing coupon bonds of said county, and providing for a Board of Commissioners to carry out the provisions of said Act," being Chapter 369 of the published Acts of the General Assembly of the State of Tennessee of 1901. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 369 of the Acts of the General Assembly of the State of Tennessee, passed on April 20, 1901, and approved April 22, 1901, be, and the same is hereby, repealed. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 5, 1905. W. K ABEKtfATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved. JOHN I. COX, Governor. — 472 — CHAPTER 230. House Bill Xo. 240. AN ACT entitled "An Act to create a Board of Jury Commis- sioners for each county in this State, having a population of 150,000 or over, under the Federal Census of 1900, or any subsequent Federal Census, and for the selection of juries, and to prescribe the duties of the members of said Board, and of the Judges, and to provide for a Clerk of said Board and for his oath and duties, and to require certain duties of each Justice of the Peace in aid of said Board, and to provide for jury lists and jury boxes in each of said counties, and for the manner of drawing and impaneling juries, and the dealings of the Circuit and Criminal Courts in said counties with said jury boxes, jury lists, and juries, and to punish certain viola- tions of this Act, and to repeal all laws and parts of laws in conflict with this Act." TM»Aot*D- Section 1. Be it enacted by the General Assembly of Syoountyf1' the State of Tennessee, That for each county in this State, having a population of 150,000 or over, under the Federal Census of 1900, or any subsequent Federal Census, shall be, and is hereby authorized to be created, a Board of Jury Commissioners. Said Board shall be ap- pointed by the Judge or Judges of the Circuit Court or Courts, as the case may l>c, in each of said counties, acting conjointly with the Judge of the Criminal Court, if such there be in such counties, and acting conjointly with the Chancellor in such counties. Said Board shall consist of three discreet persons, who are householders and free- holders of the county, and who are not practicing attorneys at law, or State or county officers, and who have no suit pending in any one of said courts above mentioned at the time of appointment, and no more than two of the said Commissioners shall belong to the same political party. On the first appointment one of said Commissioners shall be appointed to serve for one year, one of said Commis- sioners shall be appointed to serve two years, and one of said Commissioners shall be appointed to serve three years, and all vacancies which may occur in said Board, either from death, resignation, or otherwise, shall be filled in the same manner as the original appointments are made, three years' term. — 473 — The Clerk of the Circuit Court is hereby created the circuit cierk Clerk of said Board, and whenever any one member of said of Board.* Board shall fail or be unable to discharge any of the duties imposed by this Act upon said Board, the remaining mem- bers of said Board shall perform the duties required of .said Board for the time being, such performance of said duties by said remaining members of said Board shall be justified at any time when it shall appear by the affidavit of any member of said Board, or the certificate of a repu- table physician, that any member of said Board is by sick- ness or physical disability disqualified from the perform- ance of any duty required of such member. Sec. 2. Be it further enacted, That the Jury Commis- oath of.com- sioners, before entering on the discharge of their duties, mi8Sioner8# shall take and subscribe before any officer authorized to administer oaths, the following oath — viz. : "I, A. B., do solemnly swear (or affirm) that I will faithfully and im- partially discharge the duty of Jury Commissioner for the county of (filling in name), to the best of my knowledge and ability, and that I will not place the name of anyperson* upon the jury list of said county or in the jury box thereof, whom I believe to be corrupt or unfit, or who has to my knowledge solicited or had others to solicit that his name be placed on the jury list or in the jury box ; that I will keep secret and inviolate the deliberations and coun- sel of the Jury Commissioners while in the discharge of their duty, unless called on to give evidence thereof in some court of justice or other legal tribunal of this State, so help me God." Said oath shall be spread upon the min- nates of the Circuit Court and the original preserved as a part of the records of said Commissioners. Sec. 3. Be it further enacted, That immediately after organization— their appointment and qualification by the taking of said oatt?*01**6 oath said Jury Commissioners shall meet and organize by the election of one of their members as Chairman, and by requiring the Clerk of the Circuit Court to take and sub- scribe to an oath to faithfully discharge the duties of Clerk of said Board, as required by law, and never to di- vulge any of the proceedings and deliberations of the Jury Commissioners, unless required to testify thereof in some court in this State. This oath shall be spread upon the minutes of the Circuit Court and the original preserved as a part of the records of the Commissioners. — 474 — commissioners Sec. 4. Be it further enacted, That it shall be the duty Juto°jury- of each and every Justice of the Peace, in counties subject men-how. ^Q t]ie pr0VjSi0Ils 0f this Act, to furnish a list to said Com- missioners, when requested, showing the name of each per- son resident in the Civil District from which such Justice was elected, eligible to jury service, and from said list and the tax books and poll books of the county, and from any other sources of information, it shall be the duty of said Jury Commissioners to select and write on scrolls, or pieces of paper separately, the names of all upright and intelligent men of fair character and sound judgment from each and every Civil District in the county who are eligible to jury service, according to the qualifications of jurors as now prescribed by law so far as the same may be practicable from the sources of information available to said Com- missioners, and said names, when so compiled by said Commissioners and listed as hereinafter provided, shall constitute the jury list of said county until in the judg- ment of the Judges of said courts it has become necessary to make a new list, at which time a new list shall be pre- pared upon an order of said Judges to said Commissioners, and said list shall be prepared in like manner as hereinbe- fore directed. The Clerk of said Board of Commissioners lk^tbycieS!sna^ purchase for said Board a suitable and well-bound book, in which the names of said persons so found to be eligible to jury service and selected by said Commissioners, shall be recorded by said Clerk. At the top of each page of said book shall be written or printed the words "Jury List for County (filling in the name of the county). Said book shall be so ruled as to leave a space at the left hand side of each page for the names, and at the right hand side for such entries as are hereinafter provided for. Preceding the list of names in said book shall be writ- ten these words on each page, "Jury list selected by the Board of Jury Commissioners* for County, the day of (filling in the name of county and date). Immediately following this shall be re- corded the names of said persons eligible to jury service, placing one name on each line, and arranging the names in alphabetical order, and numbering them consecutively, be- ginning with number one, but no name shall be placed on said list except by a majority vote of the Board of Com- missioners. At the end of the list shall be written and signed by the Commissioners the following: "We certify — ±75 - that the foregoing is the jury list selected by us the day .of (filling in date). The Clerk of said Board, after said jury list is recorded in said book, as aforesaid, shall deposit each of said pieces of paper, con- taining a name selected by said Commissioners, in a box and label said box "Jury Box Number One." Said box shall be securely locked and sealed by said Clerk and so kept by him until he is ordered by the Judges of said courts to break said seal and unlock said box, and said seal shall be broken and said box unlocked only in the presence of one or more of said Judges, as may be convenient. At the said time said Jury Box Number One is prepared the Clerk shall prepare an- other box and label same "Jury Box Number Two," to be used as hereinafter directed. Said book containing said jury list and said jury boxes shall be kept by said Clerk under lock and key, and no inspection of same shall be permitted except by one of said Judges or said Jury Com- missioners. For recording said jury list in said book said Clerk shall be entitled to a fee of five cents for each name upon said list, to be paid by the county on the certificate of one or more of said Judges that said service has been ren- dered by said Clerk, and said sum so allowed shall be in full payment of all services rendered by said Clerk per- taining to said jury list and said jury boxes and the keep- ing thereof, which said Clerk is required to perform under this Act. Sec. 5. Be it further enacted, That not less than ten Board to draw days, nor more than fifteen days, before each regular or venlre~~ bow- special term of the Circuit Court or Criminal Court of any county to which said Acts applies, said Board shall unlock the Jury Box Number One and break the seal thereof, and after having well shaken the same, cause to be drawn there- from, in the presence of the Board, by a child under the age of ten years, or a person over said age but blindfolded, *uch number of names as may be ordered to be taken there- from by the Judges of said courts from which to impanel the grand and petit juries for the terms of said courts. In the event the name or names of persons known by the Commissioners to have died or removed from the county, or to be mentally or physically disabled, should be drawn from said box, a line shall be drawn through such name upon said jury list, and the death, removal, mental or phy- sical disability shall be noted beside said name, or on the same line therewith, and the scroll or piece of paper con- — 476- taining said name shall be destroyed and another name shall be drawn from said box in lieu of said name so dealt with, and a like proceeding shall be had in case where the name of any person shall be drawn from said box who, for any reason than that above set out, is not liable to or is in- eligible to jury service. When in the manner above re- quired the number of names of persons eligible to jury service has been drawn from said box, required by the order of the Judges of said courts and certain of them impanelled on the jury, the slips and scrolls on which the names of said persons shall have been written and drawn from said box number one, shall be immediately placed in an envelope, which envelope shall be thereafter sealed, and shall be indorsed by the Clerk with the date of the drawing of said names, and said envelope shall be placed by said Clerk in said box number two, and shall remain there until the period of one year from the date of said drawing, when said envelope shall l>e opened by said Clerk in the presence of one or more of said Commissioners, or one of said Judges, and said names shall again be deposited in said box number one. After the number of names of persons eligible to jury service have been drawn from said jury box required by the order of said Judges, a report shall be prepared by the Clerk of said Board, substantially as fol- lows : Report of Com- To the Honorable Court of County ( filling clerk?"6™ *° in the name of the court or county, as the case may be) : We the Jury Commissioners for said county, respectfully re- port the following as the list of persons eligible to jury service on grand and petit juries, or petit juries, as the case may be, for said court which have been drawn according to law, for the term of said court — viz. : (filling in the blank before the word "term" and then copying the names drawn from the jury box). The report shall be de- livered to the Clerk of the Circuit or Criminal Court, ac- cording to the court for which said panel has been drawn, and by him filed in his office, and the date of such filing entered thereon. Thereafter, and at least five days before the next regular or special term of such court, the Clerk of the court shall issue to the Sheriff a writ of venire facias, commanding him to summon the persons whose names are set out in said reports as the jurors for said term of court, and it shall be the duty of the Sheriff to serve same as now provided, and from such persons, when summoned* the court shall impanel the grand and petit juries for that — 477 — term, or petit juries, as the case may be, as may be neces- sary. In the event that, by reason of the disqualification of the proposed jurors, or other cause, the required number of jurors cannot be obtained from said persons so sum- moned, the Clerk of the Circuit Court shall produce in open court the jury boxes, and Jury Box Number One shall be opened, and there shall be drawn therefrom, in the manner provided for the original drawing, the number of names deemed by the Judge of said court to be sufficient to complete the jury or juries. This drawing, however, need not be in the presence of the Jury Commissioners, but will be sufficient if done in open court. Such drawing from the box, as last provided for, may continue by order of the court until the jury, or the grand and petit juries, as may be necessary, are completed. Sec. 6. Be it further enacted, That the Clerk of each cierk to keep court subject to the provisions of this Act shall procure drawn fivm and keep in his office as a public record, a well-bound box' book in which said Clerk shall keep a list of the jurors who serve upon juries in said court, and this list shall be alphabetically arranged and shall show the date when each juror was placed upon the jury, and each day that each juror was in attendance upon the court ; and, if not in actual attendance, was subject to call to do jury duty at any time by the court, so that by examination of said book it may be at any time ascertained how many days during the year each juror has served upon the jury or been impanelled upon the jury, ready for service and liable at any time to be called thereto ; and this record shall be a public one and subject at all times to inspection during the time that the office of the Clerk of said court shall be open for business, and said book shall be duly and correctly posted by the Clerk at the end of each day't* Fitting of this court, and the failure to keep said book as hereinabove required by said Clerk shall be a misde- meanor in office and shall subject said Clerk to a fine of twenty-five dollars for each offense. Said book shall be known as the "Jury Service Book" in each court, and each page of said book shall contain at the top the name of said book. Said book shall be properly ruled so as to be easily kept and clearly understood. Sec. 7. Be it further enacted. That whenever the Judge my. Judge of any Circuit or Criminal Court in any county tionai namei subject to the provisions of this Act shall be satisfied that rBWn> a jury in cause pending in his court cannot be obtained — 478 — from the number of persons ordinarily summoned, such Judge may at such time, previous to the hearing of the cause as he may deem best, cause the jury box to be brought into open court, and such number of names as he deems sufficient drawn therefrom, said drawing to be done in the manner last above provided for in order to obtain such jury, and the Sheriff shall summon the persons whose names are so drawn; and from the persons whose names are so drawn, said jury shall be made up, if practicable; and, if not, another number of names shall be drawn from said box in the same manner as hereinbefore directed and summoned install ter, and so on until the jury is com- pleted. It shall be a misdemeanor, punishable by a fine of not less than twenty-five dollars nor more than fifty dollars for each offense, for any person to make request, directly or indirectly, of said Clerk or either one of said Commissioners, or other person, to have his name placed upon said jury list. Actual service upon a jury, in the Circuit or Criminal Courts of any county affected by this Act, for twelve days during any one year shall exempt the person so serving from jury duty and make him in- eligible to further service during the year in which such service shall take place, except in the cases hereinafter provided for. The year for which such person is exempt under the language above set out shall be counted to run from the date which the name of said person was drawn from jury box number one and placed in a marked and sealed envelope and deposited in jury box number two, as hereinbefore provided, and where such exemption is sought to be shown by any person summoned for jury service, the entries of the Clerk upon the "Jury Service Book," hereinbefore provided for, shall be the only com- petent evidence of service for the time required, by the person claiming exemption from jury service on account of service upon the jury for the time above required, and in computing the time of actual service under the pro- visions above the court shall construe "actual service" to mean not only the days which said jury book may show said person claiming such exemption to have been actually sitting on the jury in the trial of causes, but also those days during which said person may by said book be shown to have been subject to call at any time from his business, or in actual attendance upon the court, though not actual- ly sitting upon the cause on trial. — 479 — Sec. 8. Be it further enacted, That any person sum- jurors excused moned to serve as a juror in the Circuit or Criminal ~how* Court of any county subject to the provisions of this Act may present to the court in which he may be. summoned such excuse as such person may have at any time before being selected as a member of the jury, and the court may * thereupon excuse, or not excuse, said persons from service as jurors, according to the sound judgment and discretion of rhe court; but, in the event such person shall be ex- cused by the court, his name shall be replaced in said jury box number one, and this shall be done in the case of any and all persons eligible to jury service excused for any reason which, in the sound judgment of the court, , temporarily exempts said person from jury service. But in case where a person shall be excused from jury service by the court for the reason that such person under the law is not eligible to jury service, the name of such per- son so excused shall not be again placed as above stated in jury box number 1, and the scroll or piece of paper showing such name shall be destroyed and a line drawn through said name on the jury list by the Clerk. Sec. 9. Be it further enacted, That from time to rime, as may be practicable, and for the purpose of adding to said jury list such persons as under the provisions of this Act are eligible to jury service, the said Jury Com- missioners, with the aid and assistance of the said Board, may add names to said jury list of persons eligible to jury service, and each of said names so added to said list §hall be written upon a piece or scroll of paper and placed in said jury box number one. Sec. 10. Be it further enacted, That in any case of ^diiteJsT emergency where it is necessary to secure jurors or a "JJJJ™^ jury for immediate use names may be drawn as herein- remote from before provided from box number one, and where the names of jurors drawn from said box number one shall re- side at such a distance from the courthouse as would entail unreasonable delay to secure their attendance, the court shall be authorized to cause the names of such per- sons when drawn from jury box number one to be re- placed in said box number one, and other names drawn from said box until the requisite number of names of persons, residing so near the courthouse as that they may be summoned without unreasonable delay, shall have been drawn from said box to secure a jury, and when- ever the same may be deemed advisable by the Judge of — 480 — said Criminal or Circuit Courts he may order a special jury to be drawn from said jury box number one, as here- inbefore provided, and at the beginning or any time after the beginni/ig of any regular or special term of any Crim- inal or Circuit Court subject to the provisions of this Act, the Judge of said court may fix the date upon which each juror who has been selected as one of the jurors for service at said term of couitf shall appear in said court and render said service, and each of said jurors so elected shall be advised of the date so fixed by said Judge for the service of said juror to begin, and each of said jurors shall attend upon the court and begin to render service upon the jury on the day fixed by the order of said court, and for failure so to do may be punished by the court, as now provided by law. Commissioners Sec. 11. Be it further enacted, That it shall be a todivuige001 misdemeanor for any Jury Commissioner or the Clerk of names. fae Q0VLTt or the Sheriff of any county or any of his depu- ties in said county, subject to the provisions of this Act, to divulge any of the secrets of said Jury Commissioners, or to notify any one what name or names appear upon said jury list, or appear upon any regular or special venire to be summoned for use in any court, or any part of such regular or special panel ; and it shall also be a misdemean- or for any of the persons or officers charged with the duty of carrying out this Act to fail to perform any duty im- posed by this Act, and upon the conviction of any person so offending they shall pay a fine of not less than forty dollars and be imprisoned in the county jail not less than thirty days, one or both, in the discretion of the court trying the cause, and shall be removed from office and be ineligible to hold any State or county office for a period of five years from the date of conviction. It shall also be a contempt of court, punishable by the Circuit Court upon its own motion, or by the Criminal Court upon the petition of the Attorney General, or on its own motion, for any Jury Commissioner, Circuit Court Clerk, or any other person to hold any jury box except as authorized by the provisions of this Act, or to destroy, deface, or re- move without authority any jury list or to assist in or connive at any such acts, or for any custodian of a jury box or list to knowingly permit such acts to be done. judges may re- ^Ec# ^. ^e ^ fur^er enacted. That the Judge or move com- Judges having the right to appoint Jury Commissioners, under the provisions of this Act, shall also have the right — 481 — and authority to remove any or all of such Jury Com- missioners for incompetency, failure to perform their duties as required by law, or corruption in office, or any other good and sufficient reason to said Judge or Judges appearing, upon giving five days' notice to said Commis- sioner or Commissioners of the time and place of taking action thereon and the grounds therefor. Sec. 13. Be it further enacted, That it shall be a mis- juror not to demeanor for any person, in any county subject to the pro- than twStJe visions of this Act, to serve upon any jury in the Cir- day8, cuit or Criminal Courts of said county for more than twelve days in any one year dating from the time the name of such person is drawn from said jury box number one, and any person so offending shall be fined fifty dol- lars and imprisoned thirty days in the county jail, unless at the end of his twelve days' service he shall be engaged in the hearing of a cause as a juror, which cause shall not then be concluded, in which event sudi person shall sit until the end of said cause without offending against this Act. Sec. 14. Be it further enacted, That the Jury Com- compensation missioners provided for by this Act shall receive two dol- aioneS™ "" lars each for each and every day's service while actually engaged in the performance of the duties required of them in this Act. Sec 15. Be it further enacted, That all books and county to fur- boxes and other things required by this Act to be pur- ,llBh8UM,lie,• chased by the Clerk of said Board of Commissioners, shall be paid for by the county for whose use they were pur- chased. Sec. 16. Be it further enacted, That in the absence of fraud no irregularity with respect to the provisions of this Act shall affect the validity of any action of a pand jury if this Act has been substantially complied ^ith, or the validity of any verdict rendered by a trial jtiry if this Act has been substantially complied with, unless such irregularity has been specially pointed out and exception taken thereto before the jury is sworn. Sec 17. Be it further enacted, That the provisions of ^flgjjj* to &is Act shall apply to all grand and petit juries in all Circuit and Criminal Courts of this State in counties subject to the provisions of this Act ; Provided, the pro- visions limiting jury services to twelve days shall be con- ned .to apply to petit juries only, grand juries being 31 — 482 — eligible to serve one whole term during any one given year. Sec. 18. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Sec. 19. Be it further enacted, That this Act take ef- fect and be in force from and after its passage, the public welfare requiring it Passed April 4, 1905. W. K. ABERNATHY, Speaker of the House of Representatives, E. EICE, Speaker of the Senate. Approved. JOHN I. COX, Governor. CHAPTER 231. House Bill No. 544. AN ACT repealing an Act passed March 23, 1883, and approved March 26, 1883, the same being Chapter 161 of the Acts of 1883. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an Act passed March 23, 1883, and approved March 26, 1883, the same being Chap- ter 161 of the Acts of 1883, be, and the same is hereby, repealed. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 4, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved. JOHN I. COX, Governor. — 483 — CHAPTER 232. House Bill Xo. 340. AN ACT to amend an Act entitled "An Act to make the School Districts in the various counties of the State of Tennessee coextensive with the Civil Districts, and to repeal Section 1, Chapter 166, Acts 1891, being Chapter 240, Acts 1903, so as to provide that persons living on each side of the county line, and not convenient to a public school in their respective dis- tricts or counties, may form themselves into a School Dis- trict jointly or attend the nearest school in the adjacent dis- trict or county, the children of each county drawing their respective pro rata of public school money; Provided, that the School Directors of the School Districts adjoining said county line may agree as to the number of scholars taken from each county to form said districts; Provided, that this Act shall apply only to Lincoln and Moore Counties. Section 1. Be it enacted by the Oeneral Assembly of the State of Tennessee, That Chapter 24 of the Acts of 1903 being an Act entitled "An Act to make the School Districts of various counties of the State of Tennessee co- extensive with the Civil Districts and to repeal Section 1, Chapter 166, Acts 1891, be, and is hereby, so amended so as to provide that persons living on side of a county line and not convenient to a public school in their re- spective districts or counties may form themselves into a School District jointly or attend the nearest school in the adjacent district or county, the children of each coun- ty drawing their respective pro rata of public school money; Provided, that the School Directors of the said School Districts adjoining said county line may agree as to the number of scholars taken from each county to form said districts; Provided, that this Act shall apply only to Lincoln and Moore Counties. Sec. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are here- by, repealed. — 484 — Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 4, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved. JOHN L COX, Governor. CHAPTER 233. House Bill No. 273. AN ACT to create a Board of Jury Commissioners for counties In this State having a population of not leas than 20,292 and not more than 20,400 Inhabitants according to the Federal Census of 1900. or that may have that number of inhabitants by any subsequent Federal Census, and for the selection of juries, to prescribe the duties of the members of said Board, and Of the judges, and punish violations of this Act; to provide for Jury lists and jury boxes to be kept in each county affected by this Act, and to repeal all laws in con- flict with this Act. ThtiAotap- Section 1. Be it enacted by the General Assembly of SSiwin the State of Tennessee, That there shall be a Board of 2tion7beTnpu" ^U17 Commissioners for each county in this State having ~9n Dg a population of 20,392, and less than 20,400 inhabi- tants, by the Federal Census of 1900, or that may have that number of inhabitants by any subsequent Federal Census, to be appointed by the Circuit and Criminal Judge, who holds court in said county, and in case there is more than one Circuit Judge, or a Judge holding a Crim- inal Court, or a Chancellor or other Judge whose duty it shall be to hold the Circuit Court or Criminal Court, then such Judges holding Circuit or Criminal Court, and if more than one Judge, by all jointly. Said Board shall consist of three discreet persons who are householders and freeholders of the county, and who are not practicing at- torneys at law, or State or county officers, each of whom shall be appointed for a term of two years after the pas- — 485 — sage of this Act. All vacancies occurring in said Board, either from death, resignation, or otherwise, shall be filled in the same manner as the original appointments are made. In the event that at any time, when by the provisions of this Act it shall be the duty of said Board to discharge any of the duties hereinafter imposed, it shall appear by the affidavit of any member thereof, or by the certificate of a reputable physician, that such mem- ber is, by temporary sickness or physical disability, or other good and sufficient reasons, unable to attend and dis- charge such duty or duties, then said affidavit or certifi- cate shall be filed in the office of the Circuit Court Clerk, and the two remaining members shall constitute the Board and discharge such duties. Sec. 2. Be it further enacted, That the Jury Commis- oath of com- sioners, before entering upon the discharge of their duties, ^^a6™- shall take and subscribe before an officer authorized to ad- minister oaths, the following oath — namely: "I, A B ,. do solemnly swear (or affirm) that I will faithfully and impartially discharge the duty of Jury Commissioner for the county of (filling in name), to the best of my knowledge and ability ; that I will not place the name of any person on said list, or in the jury box, whom I believe to be corrupt or unfit, or who has to my knowl- edge solicited, or had others to solicit, that his name be placed on the jury list or in the jury box; that I will keep secret and inviolate the deliberations and counsel of the Jury Commissioners while in the discharge of their duty, unless called upon to give evidence thereof in some court of justice or other legal tribunal of this State, so help me God." Said oath shall be spread upon the minutes of the Circuit or Criminal Court, and the original preserved as a part of the records of said Commissioners. Sec. 3. Be it further enacted, That immediately after organization, their appointment and qualification said Jury Commis- sioners shall meet and organize by the election of one of their members as Chairman, the Clerk of the Circuit ciwk of court Court shall be the Clerk of the Board of Jury Commis- cierk. Burners, and shall perform all the clerical duties required by law. Before entering upon the performance of his du- ties as Clerk of said Board, he shall take and subscribe to *& oath to faithfully discharge his duties as required by law, and that he will never divulge any of the proceedings or deliberations of the Jury Commission unless compelled to testify thereto in some court of this State. This oath — 486 — shall be spread upon the minutes of the court, and the orig- inal preserved as a part of the records of the Commission- commiMionen Sec. 4. Be it further enacted, That it shall be the duty iuto?£»mei °* sa*d Jury Commissioners to select from the tax books for jurymen. 0f the county, and other sources, the names of upright and intelligent men, known for their integrity, their character, and sound judgment, from each and every district in the county, and in the proportion to the population of said dis- tricts as near as may be, and possessing the qualifications now prescribed by law, except that service on the regular panel within two years shall not disqualify a person, a list of names numbering not less than one-eighth the whole number of votes cast in the county for Presidential elec- tors at the Presidential election next preceding the making of said list ; Provided, said list shall not for any one county contain more than one thousand, nor less than two hundred and fifty names. Said list shall constitute the jury list for two years from the making thereof, and shall not, dur- ing said years, be added to or taken from, except as here- Book to be kept inafter provided. The Circuit Court Clerk of the Board hownainei~" s^a^ Purcnase f°r tne Board, at the expense of the county, a suitable and well-bound book in which to record said list. At the top of each page of said book shall be written or printed the words, "Jury Lists for County" (filling in the name of the county). Said book shall be so ruled as to leave space at the left hand side of each page for the names, and at the right hand side for such entries as are hereinafter provided for. Preceding the list of names in said book shall be written these words, "Jury List Selected by the Board of Jury Commissioners for County, the day of (filling in the name of county and date). Immediately following this shall be recorded the list of jurors selected, placing one name on each line, arranging the names in alphabetical order, and numbering them consecutively, beginning with number one, after each name shall be placed in parenthesis the ini- tials of the Commissioner proposing such name; but no name shall be placed on said list except by majority vote of the Board of Commissioners. At the end of the list shall be written, and signed by the Commissioners, the fol- lowing: "We certify that the foregoing was the jury list selected by us the day of (filling in the Report of com- name)« The Commissioners shall also report the list to miBiionen. tne next term 0f tj,e Circuit and Criminal Court, as fol- lows: "To the Honorable Circuit and Criminal Court of — 487- County (filling in the name of the county) : We, the Jury Commissioners for said county, respectfully submit the following as a jury list selected by us for the next two years, as shown by the jury book herewith — viz. : (there shall follow a complete copy of the list). Each of the names on said list shall be written on a slip or scroll of paper and placed in an envelope containing no mark or rign indicating the name within the envelope and then placed in a box to be known as a Jury Box, and so labeled. Said box shall be kept securely locked and under seal, and it shall not be unlocked or the seal broken except by the order of and in the presence of the Board, and then only for the purpose of drawing therefrom the names of jurors, or making a new list as herein provided, or in open court by order of the Circuit or Criminal Court for good and sufficient cause. Said jury book shall be kept in secret by the Clerk under lock and key, and no one shall be allowed to inspect the same except the Clerk, the presiding Judge, and Jury Commissioners. It shall be the duty of the Clerk of the Circuit Court to record the jury list in said jury hook, and to write the names or number on said slips or scroll. For these services he shall be entitled to a fee of commentation five cents for each name on said list, to be paid by the of clerk. county on the certificate of the Circuit or Criminal Judge that the services have been rendered. Sec. 5. Be it further enacted, That not less than ten Jurors— how days, nor more than fifteen, before each regular or special **WI1' term of the Circuit Court or Criminal Court, said Board Aall unlock the jury box and break the seal thereof, and after well shaking the same, cause to be drawn therefrom, in the presence of the Board, by a child under ten years of age, a number of names equal to the number of jurors who • under existing laws are selected by the County Court and Judge of the Circuit or Criminal Court, or the number designated by the order of the Court, as hereinafter provid- *!, to constitute the regular panel of grand and petit jurors for such term of court. In the event a name or names of a person or persons known to the Commissioners to have died, or to have removed from the county, or to be mentally or physically disabled, shall be drawn, such name or names Aall be put aside, and another name or names drawn in Jte or their stead. When in this way a required number of JNUnes have been drawn the slips or scrolls on which they hve been written shall be placed in a sealed envelope, *My kept by the Chairman of the Board and by him de- — 488 — livered in open court to the Judge on the first day of the term. In the same manner all names which have been drawn and put aside as above provided, shall be kept and delivered in open court. A report shall also Report of be prepared by the Clerk of the Board substantially c*™*10** as follows: "To the Honorable Court of County (filling in name of county, whether Circuit or Criminal, and also the name of the county) : We, the Jury Commissioners for said coun- ty, respectfully report the following as the regular panel of grand and petit jurors which have been drawn ac- cording to law for the term of said court — viz. : (filling in the blank before the word "term," and then copying the name drawn from the jury box)." If any names have been drawn and put aside as above provided there shall be added to the report substantially the follow- ing : "In addition to the above there were drawn from the jury box the following names of persons known to the Board to have died or removed from the county or become mentally or physically disabled — viz. : (here copying such names)." If, as hereinbefore provided, any member of the Board cannot be present at said drawing this fact shall be stated in the report, which shall be signed by the mem- bers actually present at the drawing. This report shall be delivered to the Clerk of the Circuit or Criminal Court, and by him filed in his office, and the date of such filing in- dorsed thereon. Thereafter, and at least five days before the next regular or special term of such court, the Clerk of SuiM?e°to to *he Court shall issue to the Sheriff a writ of venire facias, sheriff by commanding him to summon the persons whose names are set out in said report, as the jurors for said term of court, . and it shall be the duty of the Sheriff to serve the same as now provided. At such regular or special term of the court the Judge thereof shall first compare the list contained in the report filed with the Clerk with the names on the slips or scrolls delivered in open court by the Chairman of the Board, and if they correspond they shall constitute the panel of grand and petit jurors for that term of the court, and said report shall be spread upon the minutes of the court. From this panel the grand and petit jurors shall be made up as now required by law, examining each proposed juror to ascertain if he is qualified. In the event that by reason of the disqualification of proposed jurors or other cause, the required number of jurors cannot be obtained ■from said panel, the Clerk of the Circuit Court shall pro- — 489 — duce in open court the jury box, and said box shall be opened, and there shall be drawn therefrom in the manner provided for the original drawing, except that it shall be done in open court instead of the presence of the Board, the number of names deemed by the Judpe sufficient to complete the juries. This process shall, if necessary, be continued until the grand and petit juries are completed ; Provided, that it shall be the duty of the Judge of each Cir- cuit and Criminal Court to make a rule or order of court entered on the minutes designating how many jurors shall be in attendance on each term of the court, and the number of additional or extra jurors who shall be in attendance to supply the places of such jurors as shall be disqualified in particular cases, and further directing how many names shall be drawn by the Board for each term, including such number as he deems necessary to insure the prompt im- paneling of the juries. Sec. 6. Be it further enacted, That a list shall be List composing kept by the Clerk of the court of all persons whose names ipreld^i}* are drawn from the jury box, but who are for any reason Q^^ot other than that they are not qualified, do not serve as reg- ular jurors, and when the juries are made up and entry shall be spread upon the minutes showing a list of such persons, and their names shall in open court be put back into the jury box, the court ordering the box to be opened for that purpose. A list of these constituting the regular grand and petit jurors shall also be spread on the minutes, and it shall be the duty of the Clerk of the Circuit Court to enter in the space following the names of every such juror on the jury list the following words, "Regular jury," and also the date of such service on the jury. The names drawn from the jury box as herein provided shall constitute the juries for both the Circuit and Criminal Court. Sec. 7. Be it further enacted. That whenever the J^ge may or- Judge is satisfied that in any case a jury cannot be ob- tionai names tained from the regular panel, he may, but not earlier when?" than three days before the case is assigned for hearing, cause the jury box to be brought into open court and such number of names as he deems sufficient to obtain such jwy to be drawn therefrom, and the Sheriff shall forth- with summon the persons whose names so drawn from the panel so drawn and summoned and the regular panel, the panel shall be made up if practicable, if not another Panel shall likewise be drawn and summoned instanter, — 490 — and so on until the jury is completed, or the jury box exhausted before the jury is completed, the Sheriff shall summon such other men as may be designated by the presiding Judge until the jury is completed; Provided, that in case of emergency the presiding Judge may in his discretion, where the regular panel has been exhausted before the jury is completed, furnish the Sheriff with ad- ditional names, who shall forthwith be summoned by the Sheriff, and so on until the jury is completed. The Judge shall not place on the list the name of any person who seeks directly or indirectly through another to be summoned as a juror, and such solicitations shall operate to disqualify said persons for jury service. x&met drawn Sec. 8. Be it further enacted, That it shall be a mis- Mrrwf8" demeanor punishable by a fine of not less than twenty-five nor more than fifty dollars, for any person to request, or have another request, to be placed upon said jury list. The names drawn from the jury box under this section shall be carefully preserved and returned to the jury box, wheth- er such persons serve on the jury or not, in the same man- ner as hereinbefore provided with respect to names of those drawn, but not serving as regular jurors. It shall not be cause for challenge of a person drawn or sum- moned under this section that he has served on a regular jury within two years, nor shall serving on a jury under this section disqualify or excuse him from service on the regular juries, if his name is regularly drawn from the box thereafter. The Clerk of the court shall keep a list of all persons serving on juries provided in this section, and at the close of each term shall furnish the same to the Clerk of the Board, who shall enter opposite each such name the words, "served on special jury," together with the date of such service. court m» ^EC* ®* ^e ^ fur^ter enacted, That the court shall ezouie jurors not have the right to excuse any person summoned as a juror who is qualified for service, except it may be made to appear by affidavit in writing, which shall be pre- served, as a record of court, and in which it shall appear to the satisfaction of the court that the state of his own health, or that of his family, requires his absence, or that some pressing and urgent business engagement, the neglect of which would cause irreparable loss, or the public service would be materially injured by the at- tendance, and such details shall be given as will clearly show the reason therefor to the satisfaction of the court — 491 — If excused, it shall be only for such time as the cause of excuse exists. If by reason of excusing of jurors under this section, it becomes necessary to have additional jurors during the term, they shall be drawn and summoned, the drawing to be done in open court as provided in sec- tion 5 of this Act. Nothing in this Act shall be con- strued as prohibiting a Judge from discharging a juror for good cause to him appearing. Sec. 10. Be it further enacted, That before the Clerk sheriff to uke delivers to the Sheriff, or his deputies, the writ for the oath* regular panel, or any writ for names of jurors otherwise drawn, or prepared by the presiding Judge, he shall ad- minister an oath to the Sheriff or deputies to keep said names secret, and instruct them to caution such jurors, not to divulge the fact that they had been summoned as jurors. Sec. 11. Be it further enacted, That the jury list List— when to herein provided for shall be prepared as soon as practica- ** prepftre!1- Me after the passage of this Act On the first Monday in July, 1905, or as soon thereafter as practicable, and bi- ennially thereafter the Board shall make out a new jury list and place the names in the jury box, the names then remaining in the jury box being first removed ; Provided, that, if within two years the number of names remaining in the jury box shall have been reduced until they are less than one-third of the number of names on the jury list, then the Judge of the Circuit or Criminal Court shall, hy an order made either at chambers or in open court, require the Board to renew the list and box as though the two years had expired. Sec. 12. Be it further enacted, That when a new jury list is to be made, the Board shall, if practicable, not put thereon the names of those on the list for the preced- ing two years, who have actually served during that time as regular jurors. Sec 13. Be it further enacted, That if for any rea- court to en- son the court should at any time discover that the jury Act**1*18 hox has not been filled or renewed, or that the jury list had not been prepared or renewed as required by law, or the panel drawn therefrom, as required by law, or the jury box has been tampered with, the Circuit or Criminal Judge may have the right to investigate said jury box and also the jury list, and see that this Act is duly enforced, and should it bo discovered that any irregularities or frauds exist, correct them. If for any — 492 — reason a legal panel is not furnished a Circuit or Crim- inal Court at any regular or special term as provided by this Act, then the Judge of said Court shall have the right to select a panel, and such additional jurors as may be needed by this court during said term of court. penalties ap- Sec. 14. Be it further enacted, That it shall be a mis- SommiMion- demeanor for any Jury Commissioner, the Clerk of the cierk!d Court, his deputy, or the Sheriff or any of his deputies, to divulge any of the secrets of said Jury Commissioners, or to notify any one what name or names constitute the panel, or any part of it, for the court, or any name or names drawn from the jury box for service in any case pending in court or to fail to perform any duty imposed by this Act ; and, upon open conviction therefor, they shall pay a fine of not less than $40 and be imprisoned in the county jail for not less than thirty days, one or both, in the discretion of the court trying the case, and shall be removed from office and be ineligible to hold any State or county office for a period of five years. It shall also be contempt of court, punishable by the Circuit Court upon its own motion, or upon the petition of the District Attorney, for any Jury Commissioner, Circuit Court Clerk, or other person, to open any jury box, except as herein provided, or to destroy, deface or remove without authority such box, or to change, deface, or remove without authority any jury list, or to assist or connive at such acts, or for any custo- dian of a jury box or list to knowingly permit any such acts to be done. judge may re- " Sec. 15. Be it further enacted, That the Judge or miMionersT Judges having the right to appoint Jury Commissioners have the right and authority to remove any and all of such Jury Commissioners for incompetency, failure to perform their duties as required by law, or corruption in office, or for any other good and sufficient reason, upon giving five days notice to said Commissioner, or Commissioners, of the time and place of taking action thereon, and the grounds therefor. combination Sec. 16. Be it further enacted, That said Jury Com- moners?118" missioners shall receive two dollars each for every day service while actually engaged in making up the jury list, to be paid from the County Treasury. county to fur- Sec. 17. Be it further enacted, That the book for re- niflh supplies. COrding the jury list and also the jury box, shall be pur- chased by the Circuit Court Clerk and paid for by the county, and the Circuit Court Clerk shall be the custodian — 498 — of such book and box, which hook and box shall not be open for inspection, except to the Commissioners them- selves, and the courts heretofore referred to. Sec. 18. Be it further enacted, That in the absence of fraud or irregularity with respect to the provisions of this Act it shall not affect the validity of the grand jury if this Act has been substantially complied with, or the validity of any verdict rendered by a trial jury, unless such irregu- larity has been specifically pointed out, and exception taken thereto before the jury is sworn. Sec. 19. Be it further enacted, That the provisions of this Act will apply to all grand and petit juries in all Cir- cuit and Criminal Courts of this State. Sec. 20. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. 8ec. 21. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare requir- ing it. Passed April 4, 1905. W. K. ABEKNATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved. JOHN I. COX, Governor. 494 — CHAPTER 234. House Bill No. 50. AN ACT to amend an Act entitled "An Act to establish and maintain a uniform system of public schools/' passed March 6, 1873, the same being Chapter 25. ThiiActap- Section 1. Be it enacted by the General Assembly of EHad£daie th<> State of Tennessee, That Chapter 25, of the Acts of SHESffiS1" 1873, beginning with Section 10, be so amended as to read »,wi. as follows: In each county in the State there shall be a County Board of Education composed of one member from each Civil District, the Judge or Chairman of the County- Court, and the County Superintendent of Public Instruc- tion, who shall be ex' officio Chairman of said County Board of Education. Sec. 2. Be it further enacted, That the District Clerks of the various districts of the county shall serve as mem- bers of the County Board of Education until September 1, 1906, and on the first day of August, 1906, and bien- nially thereafter each member of the County Board of Education shall be elected by the qualified voters of the district, and the term of service of members thus elected shall begin on the first day of September next after said election. Sec. 3. Be it further enacted* That any person, ex- cept a Justice of the Peace, shall be eligible to the office of member of the County Board of Education who is qualified by having at least a primary education such as the primary public school course at the present time to perform the duties required, and who is a resident of the district. If he shall cease to be a resident thereof his office shall be deemed vacant. Sec. 4. Be it further enacted, That all District School Directors now in office shall hold their office until the first day of July, 1905. Sec. 5. Be it further enacted, That whenever a va- cancy occurs among the members of the County Board of Education the County Superintendent shall fill same by appointment upon being notified of such vacancy. Who eligible to Board. Vacancies— how filled. — 495 — Sec. 6. Be it further enacted, That the County Board of Education shall elect one of their number Secretary, and his term of service shall be two years ; Provided, the first term shall expire on the 1st day of September, 1906. I Sec. 7. Be it further enacted, That the duties of the DatieiofChair- Chairman of the County Board of Education shall be: n»*ofBoaid 1. To issue all warrants authorized by the County Board of Education upon the County Trustee for all expenditures of the public school funds. 2. To make a written report to the County Court quar- terly of all expenditures of the public school funds by items, which accounts shall be audited by the County Judge and Auditing Committee of the County Court. 3. To preside at all meetings of the County Board of Education, and to appoint all committees authorized by said board. Sec. 8. Be it further enacted. That the duties of theDutietof Secretary shall be : 8ecreUry- 1. To keep in a well-bound record book, to be furnished by the county, a full and accurate record of each meeting of the County Board of Education, which record shall be kept in the office of the County Superintendent of Public Instruction. 2. To furnish the County Trustee not later than three days after each meeting of the County Board of Educa- tion, and before the Chairman of the County Board of Education shall draw any warrant on the County Trustee, a full and true list of all expenditures authorized by the County Board of Education. Sec. 9. Be it further enacted, That it shall be theDntieiof duty of the County Board of Education : on&nStkS! 1. To hold a regular meeting on the first Saturday in July, October, January, and April to transact all public school business ; Provided, the Chairman may call a special meeting whenever, in his judgment, the interest of the public school requires it. 2. To select teachers, fix their salaries, locate, build, repair, furnish schoolhouses, fix all wages and incidental expenses, and control the expenditure of the public school fund. 3. To run all schools of the county, as nearly as prac- schools to be ticable, the same length of time. If a daily attendance fengtho? of one or more schools shall fall below minimum fixed by iime' the County Board of Education, then such schools shall be suspended until an attendance can be assured of not — 496 — Marfdismiu teachers. Members to report to County Superinten- dent. Scholastic Kpulation to taken yearly. Compensation of members of Board. less than one-fourth of the number of pupils within thta province of said school or schools 4. To locate schools where deemed most convenient, having due regard for lessening the number in order to improve the efficiency of the county system of education- Pupils may by the County Board of Education be per*- mitted to attend school in a district other than that in which they reside. 5. To receive monthly reports from their respective teachers, and issue an order or certificate therein to the Chairman of the County Board of Education for warrant for salary due. 6. To visit the public schools of their respective dis- tricts as often as the County Board of Education may re- quire. 7. To dismiss teachers for incompetency, improper conduct, or inattention to duty. 8. To suspend pupils whenever the prosperity of the school makes it necessary. 9. To take care of, manage and control all school prop- erty, to transfer or sell school property and make a deed therefor, and perform all duties now required of District Directors under Sections 1430 and 1431 of the Code, which may not be included in the foregoing sub-sections. Sec. 10. Be it further enacted. That each member of the County Board of Education shall make a full and accurate report of the public schools of his district to the County Superintendent of Public Instruction not later than the first day of August each year, said report to be made on the forms furnished, and to include the time from July 1st to June 30th following next before the report is made. Sec. 11. Be it further enacted, That the members of the County Board of Education shall take the scholastic population annually within the month of July and not later than the fifteenth day of the month. Sec. 12. Be it further enacted, That each member of the County Board of Education shall receive one dollar and fifty cents for attendance and service upon each meet- ing, and one dollar a day for taking scholastic population, visiting schools of the district when ordered by the County Board of Education, or any other service in his district required by law ; Provided, the Secretary of the Board of Education shall receive two dollars a day for actual service required of him. — 497 — Sec- 13. Be it further enacted, That this Act shall not be so construed as to in any way affect or abridge the rights of cities and towns in this State maintaining a separate school system of their own. Sec 14. Be it further enacted. That this Act shall Applies to apply to counties in this State having a population of not county**1* • less than twenty thousand nine hundred and twenty (20,- 920), nor more than twenty-two thousand and seventeen (22,017) under the last or any subsequent Federal Census. Sec 15. Be it further enacted j That when the money derived from the school fund and taxes imposed by the State upon the counties shall not be sufficient to keep up a public school for eight months in the year in the school district in the county the County Court shall levy an ad- ditional tax sufficient for this purpose, said tax to be levied on all property, polls, and privileges liable to taxation. Sec 16. Be it further enacted, That the County Graded schools Board of Education shall have the authority, and it is hereby made their duty, to establish graded schools in any of the districts in their county, where, in their opinion, the prosperity of the school requires it, and where there are enough advanced students to enter such graded school. Sec 17. Be it further enacted, That when five or more taxpayers of a district shall petition the County Board of Education for a graded school it shall be their duty to appoint a committee to investigate and act upon said petition and report to said Board, and if in the judg- ment of said Board a graded school is necessary to the advancement of the pupils of said district, they shall establish said graded school and employ competent teacher or teachers to teach same. Sec 18. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed; and that this Act take effect from and after its passage, the public welfare requiring it. Passed March 30, 1905. W. K. ABEKNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved. JOHN I. COX, Governor. 32 — 498 — CHAPTER 235. House Bill No. 439. AN ACT to create a Board of Jury Commissioners for counties in this State having a population of 19,163 and less than 19,175 by the Federal Census of 1900, or that may have that number of inhabitants by any subsequent Federal Census, and for the selection of- juries, to prescribe the duties of the members of said Board, and of the judges, and punish •violations of this Act; to provide for the jury lists and jury boxes to be kept in each county affected by this Act, and repeal all laws in conflict with this Act. This act aP- Section 1. Be it enacted by the General Asssembly SicmSq of the State of Tennessee, That there shall be a Board of MpnSatioB JU17 Commissioners for each county in this State having being 19.KB. a population of nineteen thousand one hundred and sixty- three and less than nineteen thousand one hundred and sev- enty-five inhabitants, by the Federal Census of 1900, or that may have that number of inhabitants by any subse- quent Federal. Census, to be appointed by the Circuit Judge, who holds court in said county. Said Board shall consist of three discreet persons, who are householders and freeholders of the county, and who are not practicing attor- neys at law, or State or county officers, and who have no suit pending in said court at the time of their or his ap- pointment, and not more than two of whom shall belong to the same political party, each of whom shall be ap- pointed for a term of six years at the July term of said court. All vacancies occurring in said Board, either from death, resignation, or otherwise, shall be filled in the same manner as the original appointments are made. In the event that at any time when, by the provisions of this Act, it shall be the duty of said Board to discharge any of the duties hereinafter imposed, it shall appear by the affidavit of any member thereof, or by the certificate of a reputable physician, that such member is by temporary sickness, or physical disability, or for some other good and sufficient reason, unable to attend and discharge such duty or duties, then said affidavit or certificate shall be filed in the office of the Circuit Court Clerk and the two — 499 — remaining members shall constitute the Board and dis- charge such duties. Sec. 2 Be it further enacted, That the Jury Com- missioners before entering on the discharge of their duties shall take and subscribe before an officer authorized to administer oaths, the following oath — viz. : "I, A. B., do solemnly swear (or affirm) that I will oath of com- faithfully and impartially discharge the duty of Jury mlMionert- Commissioner for the County of (filling in name) to the best of my knowledge and ability; that I will not place • the name of any person on said jury list or in the jury box whom I believe to be corrupt or unfit, or who has to my knowledge solicited, or had others to solicit, that his name be placed on the jury list or in the jury box ; that I will keep secret and inviolate the deliberations and counsel of the Jury Commissioners while in the discharge of their duties, unless called upon to give evidence thereof in some court of justice, or other legal tribunal of this State, so help me God." Said oath shall be spread upon the minutes of the Cir- cuit Court, and the original preserved as a part of the records of said Commissioners. Sec. 3. Be it further enacted, That immediately after org*Dization their appointment and qualification, said Jury Commis- JfoneSI111*" sioners shall meet and organize by the election of one of their members as Chairman. The Clerk of the Circuit Court shall be the Clerk of the Board of Jury Commis- sioners, and shall perform all the clerical duties required bv law. Before entering upon the performance of his duties as Clerk of said Board, he shall take and subscribe to an oath to faithfully discharge his duties, as required by law, and that he will never divulge any of the proceedings and deliberations of the Jury Commissioners, unless com- pelled to testify thereto in some court in this State. This oath shall be spread upon the minutes of the court, and tne original preserved as a part of the record of the Commis- sioners. Sec. 4. Be it further enacted, That it shall be the compile lut duty of the said Jury Commissioners to select from the j2q£2£le tax books of the county, and other sources, names of up- right and intelligent men, known for their integrity, fair character, and sound judgment, for each and every district in the county and in proportion to the population of such districts, as near as may be, and possessing the qualifica- tions now prescribed by law, except that (having) served — 500 — on a regular panel within two years shall not disqualify a person, a list of names numbering not less than one-fifth the whole number of votes cast in the county for Presidential electors at the Presidential election next preceding the making of said list; Provided, said list shall not for any one county contain more than fifteen hundred names, nor less than two hundred and fifty names. Said list shall constitute the jury list for two years from the Making thereof, and shall not, during said years, be added to or * taken from, except as hereinafter provided. The Circuit Court Clerk as Clerk of the Board, shall purchase for the Board a suitable and well-bound book, in which to record R©cord-how said list. At the top of each page of said book shall be kept' written or printed the words, "Jury list for County" (filling in the name of the county). Said book shall be so ruled as to leave a space at the left hand side of each page for the names, and at the right hand side for such entries as are hereinafter provided for. Preceding the list of names in said book shall be written these words : "Jury list selected by the Board of Jury Commissioners for County, the — day of " (filling in the name of county and date). Immediately following this shall be recorded the list of jurors selected, placing one name in each line, arranging the names in alphabetical order, and numbering them consecutively, beginning with No. 1. After each name shall be placed in parenthesis the initials of the Commissioners proposing such name, but no name shall be placed on such list except by a majority vote of the Board of Commissioners. At the end of the list shall be written and signed by the Commis- sioners the following: "We certify that the foregoing is the jury list selected by us the day of (filing in the date)." The Commissioners report the list to the next term of the Circuit Court as follows : "To the Honorable Circuit Court of County (filling in the name of the county) : Report to court "We, the Jury Commissioners for said county, respect- fully submit the following as the jury list selected by us for the next two years, as shown by the jury book here- with— viz. : (Here shall follow a complete copy of the list.)" Each of the names on said list shall be written on a slip or scroll of paper and placed in a box, to be known as the jury box, and so labeled. Said box shall be kept secure- ly locked and under seal, and it shall not be unlocked or — 501 — the seal broken except by the order of and in the presence of the Board, and then only for the purpose of drawing therefrom names of jurors, or making a new list, as herein provided, or in open court, by order of the Circuit or Criminal Court, for good and sufficient cause. Said jury hook shall be kept in secret by the Clerk, under lock and key, and no one shall be allowed to inspect the same except the Clerk, the presiding Judge, and Jury Commissioners. It shall be the duty of the Clerk of the Circuit Court to record the jury list in said jury book, and to write the names or numbers on said slips or scrolls. For these serv- compensation ices he shall be entitled to a fee of five cents for each name of °lerk- on said list, to be paid by the county on the certificate of the Circuit Judge that the services have been rendered. Sec. 5. Be it further enacted, That not less than ten Nameg__how days nor more than fifteen days before each regular or drawn- special term of the Circuit Court, or Criminal Court, said Board shall unlock the jury box and break the seal thereof, and after well shaking the same, cause to be drawn there- from in the presence of the Board, by a child under ten years of age, a number of names equal to the number of jurors, who, under existing laws, are selected by the County Court and the Judge of the Circuit or Criminal Court as the number designated by order of the Court as hereinafter provided, to constitute the regular panel of grand and petit jurors for such term of court. In the event a name or names of a person or persons known by the Commissioners to have died or removed from the county, or to be men- tally or physically disabled, shall be drawn, such name or names shall be put aside, and another name or names drawn in its or their stead. When, in this way, the required number of names have been drawn, the slips or scrolls on which they have been written shall be placed in a sealed envelope and safely kept by the Chairman of the Board, and by him delivered in open court to the Judge of the Court, on the first day of the term. In the same manner, all names which may have been drawn and put aside, as above provided, shall be kept and delivered in open court. A report shall also be prepared by the Clerk of the Board, substantially as follows : "To the Honorable Court, of County Keport of list (filling in the name of court, whether Circuit or Criminal, nwto&tSt? and also the name of the county) : ^ couhrtterm °f "We, the Jury Commissioners for said county, respect- fully report the following as the regular panel of grand an«t — 502 — petit jurors, which have been drawn according to law, for the term of said court — viz. : (filling in the blank before the word 'term,' and then copying the names drawn from the jury box)." If any names have been drawn and put aside, as above provided, there shall be added to the report, substantially the following: "In addition to the above, there were drawn from the jury box the following names of persons known to the Board to have died or removed from the county, or become mentally or physically disabled (here copying such names)." If, as heretofore provided, any member of the Board cannot be present at said drawing, this fact shall be stated in the report, which shall be signed by the members actually present at the drawing. This report shall be de- livered to the Clerk of the Circuit or Criminal Court, ac- cording to the court for which said panel has been drawn, and by him filed in his office, and the date of such filing indorsed thereon. Thereafter, and at least five days before the next regular or special term of such court, the Clerk of the Court shall issue to the Sheriff a writ of venire facias, commanding him to summon the persons whose names are set out in said report as the jurors for said term of court, and it shall be the duty of the Sheriff to serve same as now provided, judge to com- At such regular or special term of the court, the Judge pare Hsu. thereof shall first compare the list contained in the report filed with the Clerk with the names on the slips or scrolls, delivered in open court by the Chairman of the Board, and if they correspond, they shall constitute the panel of grand and petit jurors for that term of the court, and said report shall be spread upon the minutes of the court. From this panel the grand and petit jurors shall be made up, as now provided by law, examining each proposed juror to ascer- tain whether he is qualified. In the event that, by reason of the disqualification of proposed iurors, or other cause, the required number of jurors cannot be obtained from said panel, the Clerk of the Circuit Court shall produce in open court the jury box, and said box shall be opened, and there shall be drawn therefrom, in the manner provided for the original drawing, except that it shall be done in open court, instead of in the presence of the Board, the number of the names deemed by the Judge sufficient to complete the juries. — 503 — This process shall, if necessary, be continued until the judge to desig- (lists of) grand and petit jurors are completed ; Provided, waited™1** it shall be the duty of the Judge of each Circuit and Crimi- nal Court to make a rule or order of the court, entered on the minutes, designating how many jurors shall be in at- tendance to supply the places of such jurors as shall be dis- qualified in particular cases, and further directing how many names shall be drawn by the Board for each term, including such number as he deems necessary to insure the prompt impaneling of the juries. Sec. 6. Be it further enacted, That a list shall be kept Lists compos- by the Clerk of the court of all persons whose names are bespread on drawn from the jury box, but who, for any reason other court"* °f than that they are not qualified, do not serve as regular jurors; and when the juries are made up and entry shall be spread upon the minutes showing a list of such per- sons, and their names shall, in open court, be put back in the jury box, the court ordering the box to be opened for that purpose. A list of those constituting the regular grand and petit jurors shall also be spread on the minutes, and it shall be the duty of the Clerk of the Circuit Court to enter in the space following the name of every such juror on the jury list the following words, "Regular jury," and also the date of such service on the jury. In counties where the Criminal and Circuit Courts are separated, the Clerk of the Criminal Court shall, during each term of his court, furnish a list of the regular jurors serving to the Clerk of the Circuit Court, and from this list the latter shall make the entries on the jury list required by this section. Sec. 7. Be it further enacted, That whenever the Judge may or_ Judge is satisfied that in any case a jury cannot be ob- tionai names tained from the regular panel, he may, but not earlier {J^^JJJ11 than three days before the case is assigned for hearing, juries, cause the jury box to be brought into open court, and such number of names as he deems sufficient to obtain such jury to be drawn therefrom, and the Sheriff shall forthwith summon the persons whose names are so drawn. From the panel so drawn and summoned, and the regular panel, the panel shall be made up, if practicable. If not, another panel shall likewise be drawn and summoned instanter, and so on until the jury box is completed or the jury box exhausted. If the jury box is exhausted before the jury is completed, the Sheriff shall summon such other men as may be designated by the presiding Judge until the jury is complete ; Provided, that in case of emergency, the pre- — 504 — siding Judge may in his discretion, where the regular panel has been exhausted before the jury is completed, furnish the Sheriff with additional names, who shall forth- with be summoned by the Sheriff, and so on until the jury is completed. The Judge shall not place on the list the name of any person who seeks either directly or indirectly through another to be summoned as a juror, and such solicitations shall operate to disqualify said person for jury service. It shall be a misdemeanor punishable by fine of not less than twenty-five dollars ($25) nor more than fifty dollars ($50) for any person to request or to have another to request to be placed upon said jury list. The names drawn from the jury box, under this section, shall be carefully preserved and returned to the jury box, whether such person serve on the jury or not, in the same manner as hereinbefore provided with respect to names of those drawn, but not serving as regular jurors. It shall not be cause for challenge of a person drawn or summoned under this section that he has served on a regular jury within two years; nor shall service on a jury under this section disqualify or excuse him from service on the regu- lar juries if his name is regularly drawn from the box thereafter. The Clerk of the Court shall keep a list of all persona serving on juries as provided in this section, and at the close of each term shall furnish the same to the Clerk of the Board, who shall enter opposito each such name the words, "Served on special jury," together with the date of such service. Sec. 8. Be it further enacted, That the court shall °cuM7aro£!" not have the right to excuse any person summoned as a juror who is qualified for service, except it be made to ap- pear by affidavit in writing, which shall be preserved as a record of the court, and in which it shall appear to the sat- isfaction of the court that the state of his own health or that of his family requires his absence, or that some press- ing or urgent business engagement, the neglect of which would cause irreparable loss, or the public service will be materially injured by his attendance, and such details shall be given as will clearly show the reason therefor to the satisfaction of the court. If excused, it shall be only for such time as the cause for excuse exists. If, by reason of excusing jurors under this section, it becomes necessary to have additional jurors during the term, they shall be drawn and summoned, the drawing to be done in open court, as provided in Section 5 of this Act. — 505 — Nothing in this Act shall be construed as prohibiting a Judge from discharging a juror for good cause to him ap- pearing. Sec. 9. Be it further enacted, That before the Clerk sheriff to uk« delivers to the Sheriff or his deputies the writ for the regu- °* lar panel, or any writ for names of jurors otherwise drawn or prepared by the presiding Judge, he shall administer an oath to said Sheriff or deputies to keep said names secret, and instruct them to caution such jurors as summoned not to divulge the fact that they have been summoned as jurors. Sec. 10. Be it further enacted, That the jury list LiaU £ *• p1*- i • •ii<» li-ii i • i_i pared at soon herein provided for shall be prepared as soon as practicable aa practicable after the passage of this Act. On the first Monday in June, 1905, or as soon thereafter as practicable, and biennially thereafter, the Board shall make out a new jury list and place the names in the jury box, the names then remaining ih the jury box being first removed ; Provided, that if within two years the number of names remaining in the jury box shall have been reduced until they are less than one-third of the number of names on the jury list, then the Judge of the Circuit or Criminal Court shall, by an order made either at chambers or in open court, re- quire the Board to renew the list and box as though the two years had expired. Sec. 11. Be it further enacted* That when a new jury list is to be made the Board shall, if practicable, not put thereon the names of those on the list for the preceding two years who have actually served during that time as regular jurors. Sec. 12. Be it further enacted, That if for any rea- court to en- son the court should at any time discover that the jury forcethl»Act box had not been filled or renewed, or that the jury list has not been prepared or renewed as required by law, or the panel drawn, or additional names drawn therefrom, as required by law, or the jury box has been tampered with, the Circuit or Criminal Judge may have the right to investigate said jury box, and also the jury list, and • see that this Act is' duly enforced, and should it be dis- covered that any irregularities or frauds exist, correct same. If for any reason a legal panel is not furnished a Cir- cuit or Criminal Court at any regular or special term, as provided by this Act, then the Judge of said court shall have the right to select a panel and such additional jurors as may be needed by this court during said term of court. — 506 — Penaitv for Sec. 13. Be it further enacted, That it shall be a mis- name?.11* demeanor for any Jury Commissioner, the Clerk of the Court, his deputy, or the Sheriff, or any of his deputies, to divulge any of the secrets of said Jury Commissioners, or to notify any one what name or names constitute the panel, or any part of it, for the court, or any name or names drawn from the jury box for service in any case pending in court, or to fail to perform any duty imposed by this Act, and, upon conviction thereof, they shall pay a fine of not less than forty dollars and be imprisoned in the county jail not less than thirty days, one or both, in the discretion of the court trying the case, and shall be removed from ofiice and be ineligible to hold any State or county office for a period of five years. It shall also be contempt of court, punishable by the Circuit Court upon its own motion, or upon 'the petition of the District Attorney, for any Jury Commissioner, Circuit Court. Clerk, or other person to open any jury box except as herein provided, or to destroy, deface, or remove without authority such box, or to change, deface, or remove without authority any jury list, or to assist in or connive at any such acts, or for any custodian of a jury box or list to knowingly permit any such acts to be done. Conn m*y re- Sec. 14. Be it further enacted. That the Judge or miBstoMM" Judges having the right to appoint Jury Commissioners have the right and authority to remove any or all of said Jury Commissioners for incompetency, failure to perform their duties as required by law, or corruption in office, or for any other good and sufficient reason, upon giving five days' notice to said Commissioner or Commissioners of the time and place of taking action thereon and the grounds therefor. Sec. 15. Be it further enacted, That said Jury Com- missioners shall receive two dollars each for every day's . service, while actually engaged in making up the jury list, to be paid from the County Treasury. cierk to keep Sec. 16. Be it further enacted, That the book for re- reoord- cording the jury list, and also the jury box, shall be pur- chased by the Circuit Court Clerk and paid for by the county, and the Circuit Court Clerk shall be the custodian of said book and box, which book and box shall not be opened for inspection except to the Commissioners them- selves, and the courts heretofore referred to. — 507 — Sec. 17. Be it further enacted, That in the absence of fraud, no irregularity with respect to the provisions of this Act shall affect the validity of any action of a grand jury if this Act has been substantially complied with, or the validity of any verdict rendered by a trial jury, unless such irregularity has been specially pointed out and excep- tion taken thereto before the jury is sworn. Sec. 18. Be it further enacted, That provisions of this Act shall apply to all grand and petit juries in all Circuit and Criminal Courts of this State. Sec. 19. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Sec. 20. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare requir- ing it. Passed April 4, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 8, 1905. JOHN I. COX, Governor. — 508 CHAPTER 236. House Bill No. 664. A BILL to be entitled "An Act to amend an Act entitled 'An Act to establish certain Civil Districts of Jefferson County and to redlstrlct the county, to regulate the manner of increasing the districts in the county hereafter, and to abolish the offices of Justice of the Peace, and other district offices in the abolished districts/ so as to detach what was formerly the Third and Seventeenth Districts, before the passage of said Act, from the Fifth District, and to detach what was the Nineteenth District before the passage of said Act from the Second District as created by said Act, and to create and establish a new Civil District in Jefferson County, Tennessee, to be known as the Eighth Civil District of Jefferson County, to be composed of the territory so detached, and to detach what was the Tenth District, previous to the -passage of said Act, from what is now the Third Civil District, and constitute the Ninth Civil District out of said detached territory, and to attach a portion of what was the Thirteenth Civil District to what is now the Fourth Civil District of said county." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 431, of the Acts of the General Assembly of the year 1903, be, and the same is, amended so as to insert the word "and" between the words first and sixteenth in the ninth line of Section 2, and that the words "and nineteenth" be stricken out, and that that part of said Act providing "that the territory heretofore and up to this time embraced in the Third and Seventeenth Civil Districts of said county be, and the same is hereby, attached to the Fifth Civil District," he stricken out That the sentence beginning with the word "they" in the fourteenth line of Section 2, of said Act, and ending with the word "county" in the nineteenth line of said section be stricken out, and that the following be inserted in its stead: "That the territory heretofore and up to this time known as the Twelfth Civil District of said county shall remain as it has been heretofore, and be de- nominated the Third Civil District of said county." Sec. 2. Be it further enacted, That the territory em- braced in the Third, Seventeenth, and Nineteenth Civil Districts of said county, before the passage of said Act — 509 — of 1903, constitute a Civil District No. 8, of Jefferson County, Tennessee; that the territory up to the time of the passage of the redistricting Act of 1903 for said county, known as the Tenth Civil District of said county, be and remain as it has been heretofore, and be denomi- nated the Ninth Civil District of said county. Sec. 3. Be it further enacted, That the territory, known as the Thirteenth Civil District before and at the time of the passage of the redistricting Act of 1903, for said county, be divided by attaching to the Fourth Civil District that portion of said district lying east of the line beginning on the south side of the Thirteenth Civil Dis- trict at a point where the line crosses the road leading from the Nance's Ferry Road, east of L. M. Dick's farm, to Mill Spring; thence with the branch of said spring to the Holston River. Sec. 4. Be it further enacted, That this Act take effect from and after July 9, 1906, the public welfare requir- ing it Passed March 31, 1905. W. K. ABEENATHT, Speaker of the House of Representatives. Approved April 8, 1905. E. EICE, Speaker of the Senate. JOHN I. COX, Governor. 510 — CHAPTER 237. House Bill Xo. 503. AN ACT to abolish the First, Second, Third, Fourth, Sixth, Eighth, Ninth, Eleventh, and fourteenth Civil Districts of Marion County, as now laid out and constituted, to attach the territory therein to the Twelfth, Fifteenth, Fifth, Thir- teenth, Seventh, Tenth, and Sixteenth Civil Districts of said county, and to renumber the same. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the First, Second, Third, Fourth, Sixth, Eighth, Ninth, Eleventh, and Fourteenth Civil Districts of Marion County, as now laid out and con- stituted, be, and the same are hereby, abolished. Sec. 2. Be it further enacted, That the territory here- tofore embraced in and constituting the First and Second Civil Districts of Marion County is hereby attached to and made a part of the Twelfth Civil District of said county, and the same shall be hereafter numbered and designated as the First Civil District of Marion County ; the territory heretofore embraced in and constituting the Third Civil District of Marion County is hereby attached to and made a part of the Fifteenth Civil District of said county, and the same shall be hereafter numbered and designated as the Second Civil District of Marion County; the territory heretofore embraced in and constituting the Sixth Civil District of Marion County is hereby attached to and made a part of the Thirteenth Civil District of said county, and the same shall hereafter be numbered and designated as the Third Civil District of Marion County; the territory heretofore embraced in and consti- tuting the Ninth and Eleventh Civil Districts of Marion County is hereby attached to and made a part of the fenth Civil District of said county, and the same shall hereafter be numbered and designated as the Fourth Civil District of Marion County; the territory heretofore embraced in and constituting the Fourth Civil District of Marion County is hereby attached to and made a part of the Fifth Civil District of Marion County ; the territory heretofore embraced in and constituting the Fourteenth Civil Dis- — 511 — trict of Marion County is hereby attached to and made a part of the Sixteenth Civil District of said county, and the same shall be hereafter numbered and designated as the Sixth Civil District of Marion County ; the territory here- tofore embraced in and constituting the Eighth Civil Dis- tricts of Marion County is hereby attached to and made a part of the Seventh Civil District of Marion County. Sec. 3. Be it further enacted, That the number of Civil Districts for Marion County as herein established shall not be increased or diminished except by Act of the General Assembly. Sec. 4. Be it further enacted, That the Sixteenth School District in said county shall be and remain as here- tofore and up to this time constituted and established, and that nothing in this Act shall be construed as changing either the number of lines of said sixteen school districts as now existing. Sec 5. Be it further enacted, That this Act take effect on the first Thursday in August, 1906, at the general elec- tion for Justices of the Peace, and other district officers, but nothing in this Act shall be so construed as to prevent any officer elected from the Civil Districts from serving until the first Mondav in September, 1906. Passed April 5, 1905. W. K ABEENATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 8, 1905. JOHN I. COX, Governor. — 512 CHAPTER 238. House Bill No. 628. AN ACT to change the line between the Counties of Jackson and Putnam. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between the counties of Jackson and Putnam be so changed as to detach the lands of Norrell Chaffin from the Twelfth Civil District of Putnam County and attach the same to the Fifth Civil District of Jackson County. Sec. 2. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it. Passed April 4, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. JOHN I. COX, Governor. Approved April 8, 1905. 513 — CHAPTER 239. House Bill No. 500. AN ACT entitled "An Act to so change the county line between Putnam and Jackson Counties as to detach all the lands M. J. Julian now has in Jackson County from Jackson and attach them to Putnam County." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the county line between Put- nam and Jackson Counties be changed as follows: Beginning at a stake in the Putnam and Jackson County line; thence with the lines of M. J. Julian around his northwest boundary, back to the Putnam and Jackson County line to a stake so as to detach all the lands of said M. J. Julian from Jackson County and attach the same to Putnam County. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 5, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 8, 1905. JOHN I. COX, Governor. 33 — 514 — CHAPTEK 240. House Bill No. 443. A BILL to be entitled "An Act to amend an Act, passed March 19, 1903, approved March 27, 1903, being an Act to incorporate the Town of Big Sandy, in the County of Benton, and to provide for the election of officers, prescribe their duties, and for other purposes." Thuiioor- Section 1. Be it enacted by the General Assembly of nctiy printed. foe gtate 0f Tennessee, That Section 6, of said Act, in line eight, of said section, be so changed from Wednesday (March 25th and the last Wednesday in March 25th) so as to be Wednesday, 22d, and the last Wednesday in March every two years thereafter. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 5, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. JOHN I. COX, Governor. Approved April 8, 1905. — 515 — CHAPTER 241. House Bill No. 561. AN ACT to change the corporate limits of the Town of McMlnn- Yllle, Warren County, Tennessee, and to repeal all laws in conflict with same. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the corporate limits of the Town of McMinnville, Tennessee, be, and the same are hereby, so changed as to be as follows — to-wit : Beginning at a point on Barren Fork River, back of the residence of C. G. Black, and opposite big gate; thence down said river, as it meanders, to a point opposite the residence of Bradley Rice ; thence northwardly to a point north of the railroad so as to include within said corporate limits the residence of said Bradley Rice ; thence to the dirt road, known as the Red Road ; thence with said road to a drain coming out of the field of Lewis or Reams ; thence westwardly to a large oak tree on the Smithville Road, northwest of the residence of Reuben Peers, so as to leave outside of said corporate limits the residence and premises of Mr. N. Shong, Mrs. Thos. Faulkner, Mr. Frank Wom- ack, J. H. Morford, and Ed Daugherty, and includes therein the residence of R. M. Reames, J. T. Kelton, and R. Peers; thence southwardly to the beginning, so as to include within said limits the residences and premises of D. F. Wallace, Mrs. Hawey Smith, Mrs. Seitz, J. B. Biles (Hughes place), and C. G. Black, and leave outside of said limits the residences and premises of F. Peers, Mrs. Mc- Gregory, and Mr. Weed, on Drury Place. Sec. 2. Be it further enacted, That all laws in conflict with this Act are hereby repealed, and that this Act take effect from and after its passage, the public welfare re- quiring it. Passed April 5, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. . Approved April 8, 1905. JOHN I. COX, Governor. — 516 — CHAPTER 242. House Bill No. 565. A BILL to be entitled "An Act to create and establish a School District, to be known as School District No. 26, in the County of Williamson, to define the boundaries thereof, and to provide a Board of Directors for said district." Section 1. Be it enacted by the General Assembly of the State of Tennessee , That a School District, to be known as School District No. 26, be created and established in the County of Williamson, bounded as follows : Beginning at the crossing of the Beale lane and the Lew- isburg Turnpike ; thence easterly with the lane to the north- east corner of D. C. Kinnard's land ; thence northwardly with the east boundary of Kinnard, Cody, Lock, and Web- er to the ridge between Big Harpeth and West Harpeth ; thence with the said ridge easterly and southerly until it intersects the Duck River Ridge; thence with the same southwesterly and westerly and including the houses of Chas. Williams and J. W. Williams to the Lewisburg Turn- pike; thence southwest to the southwest corner of the Waddey Thompson tract; thence westerly and including the houses of Wilhoit and Pantall to the east boundary of Bmmback, formerly Pointer; thence north with Brum- back's east line to the public road ; thence west to Gilles- pie's lane; thence north with the same to the top of the Duck River Ridge ; thence westerly with the same and in- cluding the houses of said Gillespie to the east boundary of Arnold's tract ; thence north with the same to his northeast corner; thence in a northerly direction to the southwest corner of the M. A. Buford tract; thence north with the west boundary of the Buford tract to Walter Anderson's land ; thence west to his southwest corner ; thence north to the creek; thence up the creek to T. P. Anderson's tract; thence north and east with the same to Shumate's southwest corner ; thence with Shumate's west line and others to Mrs. Tomlin's northwest corner; thence east to the beginning. Sec. 2. Be it further enacted, That S. M. Fleming, E.% B. Anderson, and S. G. Gary are hereby created and con- — 517 — stituted Directors of said School District No. 26 to serve as such until the aext regular election for electing School Directors in Williamson County. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 4, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 8, 1905. JOHN I. COX, Governor. CHAPTER 243. House Bill ~No. 535. A BILL to be entitled "An Act to establish a School District in Gibson County, Tennessee, to be known and designated as School District No. 30, and to provide for the election or appointment of Directors for said district, and to define their powers, etc." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a School District, to be known and designated as School District No. 30, of Gibson Coun- ty, Tennessee, be established in the Eighth Civil District of Gibson County, with the following lines and boundaries : Beginning thirty yards south of I. E. Gammon's residence, in the center of Eaton and Troy Road; thence north, tak- ing in the residences of R. L. Overall, S. J. Overall, J. H. Wyatt, and Mrs. Spane; thence north with Eaton and Kenton Road to the Yorkville and Rutherford Road; thence west with said road to the northeast corner of J. A. Logan's farm ; thence with his north boundary line, taking in Mrs. Thompson's residence ; thence west to Dyersburg and Dresden Road to R. F. Reed's ; thence west to Dyer County line to Reed's Creek; thence east with said creek- to Van Alexander's southwest corner ; thence east taking in J. L. Henderson's farm to a stake ; thence east taking in the farms of, B. Brown, Mrs. Pope, John Bradley, and W. C. Bradley, to the beginning. — 518 — Sec. 2. Be it further enacted, That G. B. Holland, S. J. Arnold, and H. L. Wyatt are hereby appointed as School Directors for the said School District created by the first section of this Act to serve until the next general election for School Directors in Gibson County, when three direc- tors shall be elected by the people of said special School District, and successively thereafter at every regular elec- tion for School Directors in said County of Gibson. Sec. 3. Be it further enacted. That the special School District created by the first section of this Act shall have all the rights, privileges, and emoluments, and be governed by the same laws and rules that govern, control, and regu- late other School Districts in Gibson County, Tennessee. Sec. 4. Be it further enacted, That the Trustee of Gibson County be, and he is hereby, directed and empow- ered to apportion to the district created by the first section of this Act* in proportion to the scholastic population of said district, its rate pro rata of all school funds in his hands at the time of the passage of this Act, or that may hereafter come into his hands under the same rules and regulations as he does to other School Districts in Gibson County. Sec. 5. Be it further enacted, That upon the passage of this Act the said directors shall take the census of the scholastic population within said territory and report the same to the County Trustee, and upon this scholastic re- port he will apportion the school fund of the Eighth Civil District, or School District, as it is at present, between the district created by the first section of this Act and the bal- ance of said Eighth Civil District, according to the schol- astic population of the territory covered by this district and the balance of the territory not so covered. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are here- by, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 4, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. EICE, Approved April 8, 1905. Speaker of the Senate. JOHN I. COX, Governor. — 519 — CHAPTER 244. House Bill No. 560. Morrison's Charter. AN ACT to Incorporate the Town of Morrison, in the County of Warren, and State of Tennessee, and provide for the election of officers and prescribe the duties and authority, and for the purposes Incident thereto. INCORPORATION. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Town of Morrison, in the County of Warren, and the inhabitants thereof, be, and they are hereby, constituted a body politic and incorporate under and by the name of Mayor and Aldermen of the Town of Morrison; may sue and be sued, grant, receive, purchase, and hold real, mixed, and personal property, or dispose of the same for the benefit of said town. LIMITS. Sec. 2. Be it further enacted, That the corporate lim- its of said Town of Morrison shall be as follows — viz. : Beginning on the culvert in the N., C. & St. L. Ry., on the northeast side of the Town of Morrison, running west thir- ty-six degrees, north twenty-five poles to the northeast cor- ner of Mr. Edwards' land in W. N. KelPs west boundary line; thence west with said Edwards' and McAfee's line seventy-nine poles to a rock in the said W. N. Kell's corner in Johnny Morrison's east boundary line ; thence south with said Morrison's line sixty-four poles to a rock, James Mad- dux's corner; thence west twenty-five degrees south with said Maddux's line twenty and one-half poles to a rock; thence south twenty-five degrees east thirty-four and one- half poles to the said railroad ; thence west eighty degrees south fifty-eight poles to James Anderson's northeast cor- ner; thence west fifty-eight degrees south fifteen and one- half poles ; thence south thirty-four poles to the Manchester Public Road ; thence east fifty-four degrees north one hun- — 520 — dred and fifty poles to the southeast corner of the College land; thence north fourteen degrees west seventy-eight poles to the beginning at said railroad. POWEB. Sec. 3. Be it further enacted, That the corporation aforesaid shall have full power and authority to enact and pass such laws and by-laws to prevent and remove nuisan- ces, to provide for licensing and regulating auctions, tax- ing, regulating, or restraining theatrical or public amuse- ments and shows within the bounds of said corporation, for restraining or prohibiting gambling, to forever prohibit the sale of all intoxicating liquors, to establish night watches, to lay out and establish streets, lanes, and alleys, and to pro- vide for the working of same ; to pass all laws necessary for establishing or keeping in repair the streets or pavements, to establish the necessary inspection within the town; to enact and regulate market, drayage, and personal privi- leges ; to impose and appropriate fines, penalties, and for- feitures of a breach of the by-laws or ordinances ; to ap- point a Recorder and City Marshal; to levy and collect taxes for the purpose of carrying the necessary measures into operation for the benefit of said town ; and to pass all laws and ordinances necessary and proper to carry the in- terest (intent) and meaning of the Act into effect, pro- vided that they are not incompatible with the Constitution and laws of the State to provide for the erection of lamp- posts and lights for the streets, and the erection of cisterns or the digging of wells for the fire protection. ELECTIONS. Sec. 4. Be it further enacted, That the Sheriff of War- ren County shall open and hold an election in the Town of Morrison, and on the second Wednesday in April, and on the same day in each and every year, for the purpose of electing five persons to serve as Aldermen, and one person to serve as Mayor, and all persons living in the limits of said corporation who would be qualified to vote for mem- bers of the General Assembly of the State and persons owning a freehold in the bounds of said corporation which was assessed to them on the tax book of the county in January preceding the election, shall be allowed to vote, and the five candidates receiving the greatest number of votes shall be declared elected as Aldermen, and the one re- — 521 — ceiving the highest number for Mayor shall be declared Mayor, and no person shall be eligible to the office of May- or or Alderman unless he be a citizen or freeholder or househSlSer in the Town of Morrison, and over twenty-one years of age, and in case of death, removal, or resignation of any one of the officers of said corporation, the Mayor and Aldermen shall have the power to fill such vacancies for the time unexpired. ORGANIZATION. Sec. 5. Be it further enacted, That the several persons so qualified as -aforesaid having the highest number of votes at any election held shall be declared elected, and the Sher- iff holding the election as aforesaid, shall within three days thereafter give to each of the five Aldermen and the Mayor a certificate of their election, and it shall be the duty of the persons so elected to meet at some convenient house in the Town of Morrison the next day after receiving their commissions from the Sheriff and after having been quali- fied, the Mayor and Aldermen, three of whom shall consti- tute a quorum, shall proceed to elect a Kecorder and Mar- shal for said corporation for the same time for which the Mayor and Aldermen were elected as aforesaid, and the persons elected by them shall serve until the second Wed- nesday in April succeeding, unless otherwise removed, as provided in Section 17, or until his successor is elected and qualified. OATH OF OFFICEBS. Sec. 6. Be it further enacted, That the Mayor and Al- dermen of said town, before entering upon the duties of their office, take an oath before some Justice of the Peace of Warren County to faithfully, uprightly, and honestly demean themselves as Mayor and Aldermen of the said cor- poration during their continuance of office. BONDS. Sec. 7. Be it further enacted, That the Recorder and Marshal shall give bond sufficient security in the sum of five hundred ($500) dollars, to be approved by the Mayor and Aldermen, for the faithful discharge of their duties of office and accounting for all moneys by them collected due the said corporation. — 522 — JUDGES AND CLERKS OF ELECTION. Sec. 8. Be it further enacted. That the Sheriff a£ War- ren County shall, previous to holding an election for Mayor and Aldermen for said corporation, as provided for in Section 4 of this Act, appoint three respectable citizens in the Town of Morrison who shall act as Judges of said election, one of whom shall act as Clerk, and the same laws as now protect the balloting in elections shall apply to the election of all officers of said corporation. FAILURE TO HOLD ELECTION. Sec. 9. Be it further enacted^ That if for any reason the Sheriff shall fail to hold an election for Mayor and Aldermen on the second Wednesday in April in each year, he may at any time thereafter open and hold an election for the aforesaid officers by first giving ten days' notice of said election for the balance of the unexpired term. MARSHAL TO PAY OVER MONEYS DUTIES OF RECORDER. Sec. 10. Be it further enacted, That the Marshal shall pay over all moneys collected by him for said corporation to the Recorder on the first monthly meeting of each month, and that the Recorder shall render semi-annually, or often- er if required by the Board of Aldermen, on the first monthly meetings of October and April in each year a full and complete statement of the finances under his control and the Recorder shall exhibit to the Board a complete statement of the finances of said corporation, and he shall also, within thirty days from the time of assessing the taxes of said corporation, deliver to the City Marshal for col- lection the taxes therein specified, and the Recorder shall preserve a copy of said tax list with the papers of said cor- poration. No money shall be paid out except by order of the Mayor, made in pursuance of the direction of the Board of Aldermen. At the expiration of his term of office, the Recorder shall deliver to his successor all books and papers belonging to the corporation, and take his receipt for same, and make a final settlement with the Board of Mayor and Aldermen. MAYOR'S DUTIES AND POWER. Sec. 11. Be it further enacted, That it shall be the duty of the Mayor to prescribe all meetings of the Council, to take care that all ordinances and by-laws are duly and — 523 — properly enforced, respected, and observed within the town. To take the oath of office before entering upon the duties of the same, and to call special meetings of the Board of Mayor and Aldermen whenever he may deem it expedient, to make such suggestions and give such instructions in reference to the action of said Board as in his judgment will be the most conducive to the interest of the corpora- tion ; to give orders upon the Recorder of said Board when- erer said Board shall direct the same to be done for the payment of any money that may be due from said corpora- tion; to employ counsel on behalf of said corporation when ordered by the Board in any case in which said corporation may be interested and counsel needed ; to vote with the Al- dermen in all matters of interest to the town, but not to have the power to veto. RECORDER ELECTED BT BOARD OF ALDEBMEN. Sec. 12. Be it further enacted, That the Board of Mayor and Aldermen shall have power to elect a Recorder for said corporation, who shall not be a member of said Board of Mayor and Aldermen, and he shall hold his of- fice for a term of one year, or until his successor is elected and qualified, unless as provided in Section 17 of this Act. recorder's duty and qualifications. Sec. 13. Be it further enacted. That in addition to the duties already imposed upon the Recorder by this Act he shall be invested with the full power and authority to try all offenses for violation of the ordinances and by-laws of said corporation, and said Recorder of the Town of Mor- rison be, and is hereby, invested with concurrent jurisdic- tion with Justices of the Peace in all cases of violations of the criminal laws of the State, or of the ordinances or the by-laws of the Mayor and Aldermen of the Town of Mor- rison, within the corporate limits of said town, and be en- titled to the same fees now allowed to Justices of the Peace for like service, and said Recorder shall have power to is- sue executions on his judgments in the same manner as the Justices of the Peace are authorized by law to issue exe- cutions on judgments rendered by them. WORKHOUSE FINES. Sec. 14. Be it further enacted. That the Eoard of May- or and Aldermen of said corporation shall have power and — 524 — authority in full to erect a workhouse and lockup or cala- boose for the safe keeping of persons, and when any per- son or persons convicted of any violations of any by-laws or ordinances of said corporation fails or refuses to pay or secure to be paid the fine and cost accruing thereon the Mayor and Aldermen may provide by ordinance for their confinement in said lockup or workhouse or calaboose, and put them to work for the town on streets or any other pub- lic work under proper guard, or secured by ball and chain, at such wages as the Board may adopt, or in no less sum than forty cents per day until fine and cost are fully paid. REMOVAL OF OFFICERS. Sec. 15. Be it further efiactedj That the Mayor and Eoard of Aldermen shall have full power and authority to appoint as many policemen as in their judgment they may deem necessary at any time to preserve the peace and the quiet of the town or to enforce the ordinances of said cor- poration, to fix their term of office, and regulate the salary of same; Provided, said fees shall not be over one dollar per day, said policemen to have full power and authority to execute all processes that the City Marshal or Constable is authorized to execute upon streets, pavements, shade trees, etc. Sec. 16. Be it further enactedy That the Board of Mayor and Aldermen of Morrison shall have full power and authority to lay off and open new streets, lanes, and alleys in said town, and extend the old ones for the con- venience of the inhabitants thereof, in the manner and mode prescribed by the Code of Tennessee, and may, by ordinance or otherwise, require owners of business houses to place good, substantial pavements in front of their houses, and the freeholders of said town to lay pavements in front of their property along said streets, to provide for setting of shade trees and protecting same, for working streets, and manner of governing same. REMOVAL OF OFFICERS. Sec. 17. Be it further enacted, That the Board of Mayor and Aldermen of the Town of Morrison shall have full power and authority to dismiss and remove any officer or agent appointed or elected by them, including the of- fices of Recorder and City Marshal, for incompetency or any violation, neglect, disregard of the duties imposed upon — 525 — them by the by-laws and ordinances of said corporation ; Provided, that two-thirds of the Board of Mayor and Al- dermen concur in the dismissal or removal. ARREST OF RIOTOUS PERSONS, ETC. Sec. 18. Be it further enacted. That the Mayor and Board of Aldermen of the Town of Morrison shall have power and authority, by ordinance within the town, to pro- vide for tbe arrest and confinement until trial of all riotous and disorderly persons found violating any ordinance of the town, or in violation of the Act passed by the Legisla- ture March 22, 1875, Chapter 105, Section 2. COMPENSATION of officers. Sec. 19. Be it further enacted, That no person elected to the office of Alderman or Mayor shall be allowed any pay for his services as such Alderman or Mayor. The Recor- der to receive for his full compensation the fees that are allowed by law to Justices of the Peace in such jurisdiction, but in no case are the cost to be charged to or paid by said corporation in the event said Recorder fails to realize from parties his cost. The Marshal shall likewise be compen- sated by fees, as set forth for Constables, and in no case should such cost not be collectible shall any part be charged to or paid by said corporation. The Mayor and Board of Aldermen shall have power to appropriate out of the public Treasury such additional fees as they deem just and due for any extra services rendered by the Marshal for over- seeing working of streets, collecting of taxes, etc. Sec. 20. Be it further enacted. That this Act is here- by declared to be a public Act, and may be read in all the courts of law and equity in this State without proof. Sec. 21. Be it further enacted. That this Act take ef- fect from and after its passage, the public welfare requir- ing it. Passed April 5, 1905. W. K ABERNATHT, Speaker of the House of Representatives. E.RICE, Speaker of the Senate. Approved April 8, 1905. JOHN I. COX, Governor. — 526 CHAPTEK 245. House Bill No. 229. A BILL to be entitled "An Act to establish a special High School District in Gibson County, Tennessee, in the Fourteenth Civil District of said county, to be known as High School District No. 29, and to provide for the election or appointment of Directors of said district, and to define their powers, etc." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a School District, to be known and designated as High School District No. 29, of Gibson County, Tennessee, be established in the Fourteenth Civil District of said State and county, with the following lines and boundaries: Beginning at the South Fork River, where the Illinois Central Itailroad crosses, running south to the Wade Crossing of the I. C. R. R. ; thence west so as to take in the M. Brown heirs' place and the M. C. Nevill's place; thence to Robt. Taylor's land ; thence in southwest direction to Ed Elam's land, taking in the land of Ed Elam to T. M. Hayes northeast corner; thence west, taking in Bud Hayes* land ; thence south, taking in the Clay Davidson's land and L. C. Baker's farm to F. M. Crawford's land ; thence tak- ing in Crawford's land and Tobe Weddingson and Mrs, Mollie Pates ; thence east of public road on Paris and Tren- ton Road; thence with easterly direction of said public road to W. H. Dismond's house ; thence eastwardly, taking in the land of Mr. Lewis Wrenne and John R. Moore; thence east to J. M. Ford, taking in the land of J. M. Ford ; thence north to Shiloh Church ; thence west to A. J. Allen's corner ; thence north, taking in A. J. Allen's land to J. M. Ford's land; thence west to the public road; thence north with said public road to the north Gibson and Dyer Station Road ; thence west to D. L. Patrick's corner ; thence north with D. L. Patrick's east line to the Obion River ; thence with the Obion River to the beginning. Sko. 2. Be it further enacted, That J. H. Holmes, J. P. Martin, and J. S. Alexander are hereby appointed as School Directors of School District created by the first sec- tion of this Act, to serve until the next general election as — 527 — School Directors, when three directors shall be elected by the people of said special district, and successively there- after at every regular election for School Directors in Gibson County. Sec. 3. Be it further enacted, That the School District created by the first section of this Act shall have all the rights, privileges, and emoluments, and be governed by the same laws and rules which govern, control, and rule other School Districts in Gibson County, Tennessee. Sec. 4. Be it further enacted, That the Trustee of Gibson County be, and is hereby, directed and empowered to apportion to the district created by the first section of this Act, in proportion to the scholastic population of said district, its rate pro rata of all school funds in his hands at the time of the passage of this Act, or that may hereafter come into his hands, under the same rules and regulations as he does to other School Districts in Gibson County, Ten- nessee. Sec. 5. Be it further enacted, That upon the passage of this Act the said District Directors shall take the census of the scholastic population within said territory and re- port the same to the County Trustee, and upon this schol- astic report apportion the school fund of the Fourteenth (Civil) District between this district and the balance of the Fourteenth Civil District, according to the scholastic popu- lation of the territory covered by this district, and the bal- ance of the territory not so covered. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and are hereby, re- pealed; and that this Act take effect from and after its passage, the public welfare requiring it. Passed March 30, 1905. W. K. ABERNATHT, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. JOHN I. COX, Governor. Approved April 8, 1905. — 528 — CHAPTER 246. House Bill No. 609. A BILL (to be) entitled "An Act to make it unlawful for the owners of horses, mules, donkeys, cattle, sheep, goats, swine, or other live stock, or those having control or custody of such live stock, to permit them or any of them to run at large in counties having a population of more than 30,575 and less than 30,650, by the Federal census of 1900 or any subsequent Federal census, and to prescribe a remedy for damages com- mitted by such animals when allowed to run at large in violation of this Act/' Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be unlawful for any person or persons owning or having the custody and control of horses, mules, cattle, sheep, goats, swine, or other live stock to permit such animals to run at large in counties of this State having a population of more than 30,575 and less than 30,650, by the Federal Census of 1900, or any dubsequent Federal Census. Sec. 2. Be it further enacted, That the owner of live stock mentioned, and included in Section 1 of this Act, shall be liable for all damages done to the property of other persons by said live stock when allowed to run at large in said counties in violation of this Act, and the party so dam- aged shall have a lien on the animal or animals committing the injury to his property, which may be enforced, by at- tachment or judgment and execution, as in case of land- lord's lien for rent. Sec. 3. Be it further enacted, That any person upon whose lands or property such live stock may be found tres- passing may have the right to take same up and impound them until the damages and expenses of impounding are paid or judgment obtained and enforced therefor ; Provided further, that any person so impounding live stock shall give notice thereof to the owner or keeper of the same immediately upon impounding the same, when such owner or keeper is known to the party impounding the stock. Sec. 4. Be it further enacted, That nothing in this Act shall be construed as amending or repealing the general railroad fence and stppfc law. — 529 — Sec. 5. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 6, 1905. W. K. ABERNATHY, Speaker of the House of Representatives, E. RICE, Speaker of the Senate. Approved April 8, 1905. JOHN I. COX, Governor. CHAPTER 247. House Biix No. 95. AN ACT to incorporate the Town of Oliver Springs, in the Coun- ties of Roane and Anderson, and to provide for the election of officers, prescribe their duties, define their powers, and for other purposes. NAME AND STYLE. Section 1. Be it enacted by the General Assembly of Act to repeal the State of Tennessee, That the Town of Oliver Springs cJgrlier(51fa and the inhabitants thereof, in the Counties of Roane ter34«,and" and Anderson, be, and they hereby are, constituted a body aTterthi^Act politic and corporate, under and by the name of the Mayor and Aldermen of the Town of Oliver Springs, and shall have perpetual succession by their corporate name; may sue and be sued, plead and be impleaded, grant, receive, purchase, and hold real, mixed, and personal property, or dispose of same for the benefit of said town, and may have the use of a common seal. BOUNDARIES. Sec. 2. Be it further enacted, That beginning on a stake, hickory and black oak pointers, corner of Ellen Scott's and Edith Ross' land, formerly Butler's and Wiley's corner ; thence running north about two hundred and seventy rods to the top of Walden's Ridge; thence following the meanders of said ridge about north eighty 34 — 530 — degrees east, about three hundred and fifty rods to a stake ; thence south about one hundred poles to the South- ern Railway track at the thirty-fifth mile post; thence south about one hundred and fifty poles to a stake on the ridge; thence three hundred and thirty-two degrees west twenty rods to the fork of the Knoxville and Long's Mill Road; thence north eighty-eight degrees west about one hundred poles to the line of E. A. Reed and Ellen Scott ; thence with same south forty-five degrees west about sev- enty-one poles to the E. A. Reed and E. W. Scott corner of the Rector land; thence northwest with the Rector, now Scott, line to the creek; thence with the meanders of said creek to W. W. Wiley's corner on the west bank of the creek, now Edith Ross's corner; thence with her line south fifty-one degrees west twenty-one poles to the beginning, containing about one hundred and seventy-five acres in Roane County and about seventy-five acres in Anderson County. • TOWN COUNCIL. Sec. 3. Be it further enacted, That the officers of the Town of Oliver Springs, to be chosen by the people, shall be a Mayor and Board of Aldermen, constituting a Town Council, each and all of whom shall be citizens of and voters in said town. The Board of Aldermen shall con- sist of six Aldermen, chosen by the qualified voters of the town for two years. Any Alderman after his election removing from the town shall thereby vacate his office. COUNCIL TO ELECT CERTAIN OFFICERS. Sec. 4. Be it further enacted, That the Town Coun- cil shall, at the first meeting after their election, elect a Recorder and Marshal, who shall serve for two years, and as many policemen as in their judgment they may deem necessary, and all other officers or agents as they may deem necessary, including an attorney for the corporation, and may provide for by ordinance, and shall have power to prescribe the duties of same. The Town Council shall also fix the compensation of such officers before their elec- tion, which compensation shall not be increased or dimin- ished during the term for which they were elected. The Council shall also have power to dismiss any officer, serv- ant, or agent elected or by them appointed. A two-thirds — 531 — majority of said Council concurring in said dismissal for any misdemeanor, neglect of duty, or misconduct. POWER OF COUNCIL. Sec. 5. Be it further enacted, That a Town Council shall have power, by ordinance within the town, 1. To assess property for taxes and to levy and collect by proper officers taxes upon all real and personal prop- erty, polls, privileges, and all property taxed by the State or county, but shall not exceed fifty cents on the one hun- dred dollars taxable property, and poll tax not exceeding that collected by the State of Tennessee. 2. To appropriate money and provide for the debts and expenses of the town. 3. To open, alter, widen, abolish, extend, establish, grade, pave, or otherwise improve, clean, and keep in repair streets, highways, alleys, and sidewalks, or to have the same done ; also to erect, establish, and keep in repair bridges. 4. To provide for the erection of all buildings neces- sary for the use of the town. 5. To license, tax, or regulate everything or person licensed, taxed, or regulated by the State or county. 6. To regulate or prohibit and suppress all disorderly houses or bawdy houses. 1. To regulate the police of the town, impose fines, forfeitures, and penalties for the breach of any ordi- nance, and to provide for the recovery and appropriation of the same, and to appoint an officer for the town who shall be the Recorder, before whom such recovery may be had, not, however, to exclude the jurisdiction of any other competent court. 8. To provide for the arrest and confinement until trial of all disorderly or riotous persons by day or by night ; to authorize the arrest and detention of all suspicious persons found violating any ordinance of the town. 9. To prevent or punish by pecuniary penalties or otherwise all breaches of the peace, noise, or disturbance, disorderly assemblage in any alley or street, house or place in the town by day or by night; to prevent and remove all encroachments into and upon all streets, side- walks, and alleys established by law or ordinance. 10. To prevent all obstructions of the sidewalk and provide for the construction and repair of all sidewalks, and for cleaning the same ; to require the owners of prop- — 532 — erty fronting on the public streets to erect sidewalks in accordance with such ordinance as the Council may pro- vide at the expense of the owners of the ground fronting the same. 11. To regulate, tax, license, or suppress the keeping or going at large of all animals within the town, and in default of redemption in pursuance of ordinance to sell or dispose of same. 12. To tax, regulate, or restrain theatricals or other public amusements, shows, or exhibitions within the cor- porate limits of said town; to restrain or prohibit horse- swapping upon the public streets; to restrain or prohibit gambling; to regulate the sale of intoxicating liquors, beer, ale, wine, or malt liquors ; and to pass all or any hy- laws not contrary to the constitutional laws of the State that may be necessary to carry out the provisions and full intent and meaning of the object of their corporation. 13. To provide for the prevention and extinguishment of fires, and provide for the organization and maintenance of fire companies. 14. To make regulations to prevent the introduction and spread of contagious diseases in the town, and to make quarantine laws for this purpose and enforce the same. 15. To establish hospitals and regulations for the gov- ernment of the same. 16. To make regulations to secure the health of the inhabitants and to prevent and remove nuisances. 17. To regulate all lights, stove pipes, flues in all houses, shops, stables, and other places. 18. To license, regulate, and tax auctioneers, grocers, retailers, brokers, merchants, coffee houses, confectioners, hucksters, peddlers ; livery, feed, and sale- stables ; keepers of jenny lind, billiard tables, ten pin alleys, flying jennies, and all other privileges taxable by the State. 19. To erect a workhouse or calaboose for the safe- keeping of persons convicted of the violation of any ordi- . nance or by-law of said corporation who fail or refuse to pay or cause to be paid the fine and cost accruing there- on. The Mayor and Aldermen may provide by ordinance for their confinement in said workhouse or calaboose, and put them to work for the town within an inclosure or on the streets or other public works under proper guards, or secure them by ball and chain, at such wages as the Board may adopt by ordinance until said fine and cost are' paid. — 533 — 20. Said corporation or Council may enter into an agreement with Roane County to be allowed to commit prisoners to jail of Eoane County upon such terms as can be agreed upon. 21. To prepare and have published a digest or com- pilation of all the ordinances and resolutions of a public nature in force within six months after the passage of this Act, and a like digest as often as may be deemed necessary. 22. No member of the Town Council shall become a bondsman for any agent, officer, or servant of the town, nor to be interested, directly or indirectly, in any con- tract with the corporation, 23. To judge of the qualifications, election of, and returns of its own members. To prescribe the rules for the determination of contested elections, and to determine how vacancies are to be filled, and to determine all ques- tions in case of ties in any election, and to prescribe rules for the government of the Board of Mayor and Aldermen. ELECTION FOB OFFICEB8, TBBMS, ELECTOBS. Sec. 6. Be it further enacted, That the first election for Mayor and Aldermen under this Act shall be held by the Election Commissioners of Eoane County on the first Thursday in May, 1905, in accordance with the gen- eral laws of the State of Tennessee governing elections in Eoane County. All elections thereafter for the said Town of Oliver Springs shall be held by the Commis- sioners of Election for Eoane County; and it shall be the duty of said Commissioners of Election and Eegistra* tion of Eoane County to open and keep open, according to the laws governing the registration of voters, registra- tion books for the Town of Oliver Springs at some con- venient place in said town for ten days preceding said election to be held on the first Thursday in May, 1905, and every legal qualified voter residing within the cor- porate limits of said Town of Oliver Springs shall be re- quired to register before voting in said election, which shall be held according to the statutes governing State and county elections in Eoane County, and said Election Commissioners of Eoane County shall forever every two years, open and hold an election in and for the Town of Oliver Springs. The officers of the town thus chosen shall — 534 — go into office on the first meeting after election, or within thirty days, and hold office for two years, or until theii successors are elected and qualified. The following shall be the qualifications for voting in the town election : 1. He shall be qualified to vote for State and county officers. 2. Shall have resided for six months next preceding the election within the town limits. 3. A voter's residence is hereby defined as the place in which he habitually sleeps. JUDGES AND CLEBKS OF ELECTION CONDUCT OF BISECTION. Sec. 7. Be it further enacted, That the Judges and Clerks to hold the election shall be sworn and qualified according to the general election laws of the State, and said election shall be conducted in all respects as all the various State and county elections by virtue of the elec- tion laws of the State and Eoane County. The Judges and Clerks shall preserve the ballots cast in said election and file the same together with the poll list with the town Recorder, who shall preserve the same. CEBTIFICATE OF ELECTION. Sec. 8. Be it further enacted, That the persons re- ceiving the highest number of votes respectively for Mayor and Aldermen shall be declared elected, and it shall be the duty of the Election Commissioners of Roane County holding said election to make out and deliver to the Be- corder a certificate of the election within three days after their election, which certificate shall be produced at the first meeting of the Board, and a minute thereof shall be made upon the records of the town, and if the Election Commissioners fail to hold said election at the time herein mentioned, it shall be their duty to hold it as soon there- after as may be, after giving the regular notice. QUORUM OF COUNCIL VACANCIES OATH OF OFFICE. Sec 9. Be it further enacted, That a majority of the Town Council shall be a quorum to do business, and if the Mayor or any of the Aldermen or any pfficer should die, resign, or move away, the vacancy shall be supplied by the Council at its next meeting, or as soon thereafter — 535 — as may be, and the person or persons so elected shall pwflgffifr-fbfr' mmm Agfrp -^wiA--be inarwted witla the same powers and privileges as the person whose place they are appointed to fill, and upon like conditions ; and the Mayor and Aldermen and all officers shall respectively take an oath before entering upon the duties of their office before some person competent to administer an oath, to execute the same faithfully and impartially, and the Mayor and Aldermen shall also take an oath to support the Consti- tution of the United States and the Constitution of the State of Tennessee. mayor's duty., veto power, etc. Sec. 10. Be it further enacted, That the Mayor shall hold his office for two years and until his successor shall be elected and qualified. No person shall be elected Mayor who is not at the time of his election a citizen of the State of Tennessee, and has not been for six months, and is not then a bona fide citizen and voter of said town. A vacancy in the office of Mayor shall be filled by the Board of Aldermen; the Mayor shall fill all vacancies arising in any office, except that of Aldermen, until the same shall be filled by the Town Council. It shall be the duty of the Mayor to preside at all meetings of the Council, to vote in the elections of all officers of the town and in all cases where it is a tie vote, all ordinances and resolutions shall be approved and signed by the Mayor on or before the next meeting of the Council, and the Mayor shall have veto power, and if he shall refuse to approve any ordinance or resolution, he shall return the same to the Council at its next meeting with his reasons in writing for his refusal, and said ordinance or resolu- tion shall not be valid unless the Council, by a two-thirds vote, pass the same notwithstanding the Mayor's veto. Bnt if the Mayor does not veto the same as provided, it shall be valid without his signature ; the Mayor shall take care that all the ordinances of the town are enforced, respected, and observed within the town limits; shall call special sessions of the Council when he may deem it ex- pedient, and perform all such other duties as the Town Council may, by ordinance or otherwise, impose upon him. A Recorder is hereby vested with all the powers of a Justice of the Peace in criminal cases, and shall try all offenses against the peace and dignity of said Town of Oliver Springs. In the event an appeal is taken from any — 536 — fine imposed by the Recorder of said town for violation of any of its ordinances to the Circuit or Criminal Com* of the county, the person so appealing shall give bond and security for the payment" of said fine and cost to abide by and perform the judgment of the court on appeal, and shall in no case be entitled to an appeal from said fine and cost on pauper's oath. The Recorder shall keep an accurate minute of all the proceedings of the Town Coun- cil, issue privilege license, and shall pay all money col- lected by him for the town to the Treasurer. Sub-Sec. 10. Be it further enacted, That the Board of Mayor and Aldermen shall elect a Treasurer and Tax Collector, who shall be one and the same person, and shall be one of the members of the Board of Aldermen. He shall make out the town tax book, and shall collect or re- ceipt for all taxes and money due the town, excepting taxes and money collected by the Recorder. He shall take care of and keep account of all funds of whatever nature that come into his hands, for such purpose he shall keep such books as the Town Council may direct, and shall do and perform all the duties that the Town Council shall by ordinance direct, and before entering upon his duties said Treasurer shall enter into good arid sufficient bond in such sum as the Council may direct, conditioned upon the faithful discharge of his duty, and said Treasurer shall be governed by all the laws of this State, which govern and set out the duties and powers of Tax Assessors and County Trustees in assessing and col- lecting taxes for the State and county. DUTIES OF MABSHAL. To serve legal process of the town, and it shall be his duty to rigidly enforce the same, for which purpose police authority is hereby given him,- which he may exercise without warrant in hand, and perform such other duties as the Town Council may by ordinance impose upon him. He shall have power to execute State warrants and other process which Constables generally have within the town limits. He shall be chief of any police organized within the corporation. FEES OF OFFICERS. Sec. 11. Be it further enacted, That the fees or com- pensation of all officers herein mentioned shall be such as the Council may prescribe, — 537 — fcOND OF OFFICERS. Sec. 12. Be it further enacted, That before entering upon the discharge of their duties the Recorder and Mar- shal shall enter into bond with good security and in such amount as may be fixed by the Council, conditioned upon faithful discharge of their duties, and upon diligent col- lection and faithful accounting for all money that shall or ought to come into their hands for fines, forfeitures, or other moneys due said town, and which ought to be by law collected and paid over by them, and the said Mar- shal shall be liable as herein mentioned for failing to col- lect money, to return process, or pay over money collected by process issued by the Recorder or Aldermen. Said bond shall be made payable to Oliver Springs or its Treasurer for the use and benefit of said town. The Town Marshal shall pay over to the Recorder all sums of money by him received for said Town of Oliver Springs. He shall render quarterly, and as much oftener as the town may require, full and complete statements of the finances under his control. DELINQUENT TAXES., ETC. Sec. 13. Be it further enacted, That when any tax or duty shall be levied or imposed upon said corporation upon any real estate lying within said Town of Oliver Springs, and the owner or owners, occupier or occupiers thereof shall not pay the same, and the Town Marshal shall make return of that fact, under oath, that the owner or owners have no personal property -within said town upon which to distrain for said tax or duty, it shall be the duty of the Recorder by and with the advice and with the consent of the Council, to take such steps for the collection of such tax or duties as are or may be provided for by the laws of -the State. FAILUBE TO COLLECT OB PAY OVEB MONEY PBOCEEDINGS. Sec 14. Be it further enacted, That if the Recorder or Town Marshal of said town shall fail to collect, or after collecting fail or refuse to turn over any money either of them received for said town, said Recorder or Marshal, as the case may be, shall be liable to be proceeded against by motion or suit at common law in the Circuit Court of Roane County, or in any other court having — 538 — jurisdiction of the person of the Recorder or Marshal, as the case may be, and it shall be the duty of such court to render up judgment against such delinquent officer and his sureties for the moneys so received, or that ought to have been collected in the name of Oliver Springs for the use of said corporation ; Provided, that if the proceedings be by motion, such officer shall have five days' notice thereof. FIBST OFFICERS. Sec. 15. Be it further enacted, That the men who compose the Board of Mayor and Aldermen of the Town of Oliver Springs, on the first day of January, 1905, B. S. Biggs, Mayor; E. D. Phillips, 0. H. McCartt, D. C. Richards, A. L. Williams, W. C. Walker, W. B. H. Wiley, shall continue to be and act as the Board of Mayor and Aldermen of the Town of Oliver Springs until their suc- cessors are elected and qualified under this Act, which said election shall be held on the first Thursday in May, 1905. OBLIGATIONS. Sec. 16. Be it further enacted, That all the real and personal property and all legal claims, fines, and for- feitures belonging to the Town of Oliver Springs, the charter of which has been abolished by the Acts of General Assembly at its present session, shall hereafter belong to the Town of Oliver Springs hereby created, and all legal debts and demands existing against the Town of Oliver Springs when its charter was abolished shall be assumed and paid by the Town of Oliver Springs hereby incor- porated. ordinances. Sec. 17. Be it further enacted, That the Board of Mayor and Aldermen shall provide to make its ordinances public by publication in some newspaper in Roane County or by posting copies of said ordinances in public places in said town. Sec. 18. Be it further enacted, That at the time on which the first election for Mayor and Aldermen is held under this Act, said Election Commissioners for Roane County shall also hold an election in said town of Oliver — 539 — Springs for Justice of the Peace for said town. Said Justice of the Peace shall be a qualified voter of Roane County, and when elected shall to all intents and pur- poses be a Justice of the Peace for Roane County, and shall constitute and be a member of the County Court of Roane County, with all the privileges and powers of all other members of said court. Said Justice of the Peace so elected shall hold his office until the next regular election for Justice of the Peace through the State, when the said Election Commissioners shall hold the election in said Town of Oliver Springs for Justice of the Peace for said corporation as fully and completely as if all the corporate limits of said town were situated in Roane County. Sbc. 19. Be it further enacted, That this Act shall take effect from and after its passage, the public welfare requiring it. Passed March 31, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. Approved April 8, 1905. E. RICE, Speaker of the Senate. JOHN I. COX, Governor. — 540 — CHAPTER 248. Senate Bill No. 16. BILL. AN ACT entitled "An Act to repeal the charter of the Town of Raleigh, in Shelby County, Tennessee, being Private Act 1835, Chapter 25." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the charter incorporating the Town of Raleigh, heretofore granted hy the State of Ten- nessee to said corporation, and heing Chapter 25 of Pri- vate Acts of 1835, be, and the same hereby is, repealed, and the charter of said corporation is abolished. Sec 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 22, 1905. J. I. COX, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. [This Act became a law without the Governor's signature, he having held the same more than five days before returning. See Journal.— BDW. W. THOMAS, Clerk.] — 541 — CHAPTER 249. Senate Bill No. 46. BILL. AN ACT to incorporate the Town of Raleigh, in the Sixth Civil District of Shelby County, Tennessee, and to provide for the government of same, and for the election of officers, and for other purposes. Section 1. Be it enacted by the General Assembly of tti* Stale of Tennessee, That the inhabitants of the Town of Raleigh, in the County of Shelby, and State of Tennes- see, be, and they are hereby, constituted a body politic and corporate under the name and style of the Town of Ral- eigh, and under that name they may have perpetual suc- cession, may sue and be sued, plead and be impleaded, grant, receive, purchase, and hold real, mixed, and personal property, and may have and use a corporate seal, and may alter the same at pleasure. Sec. 2. Be it further enacted, That the Town of Ral- Boundaries, eigh, located in the Sixth Civil District of Shelby County, Tennessee, be, and the same is hereby, bounded as follows : Beginning at a point on the north banks of Wolf Kiver, where the west line of the tract of land known as the Bar- nett Graham tract, touches the same, running thence on a line due north to the south line of the Cannon tract, now owned by J. M. and G. B. Coleman; thence west on the south line of the Cannon tract to the north line of the Boone twenty-eight acres and continuing on a straight line to the east line of the forty acres, formerly owned by Means, now by Mrs. E. B. Waring; thence south to the southeast corner of the Waring forty acres; thence west along her south line to the east line of the Cummings' four hundred acres; thence south along the Cummings' east line to the south line of the Harrison tract ; thence east on the south line of the Harrison tract to Wolf Kiver ; thence *ith the north bank of Wolf River to the beginning. Sec. 3. Be it further enacted, That the officers of the offlcers- Town of Raleigh be chosen by the qualified voters thereof, howch09en- shall be a Mayor and five (5) Aldermen, who shall consti- - 542 Duties of Mayor. Powers of Hoard of Mayor and Aldermen. tute the Town Council, known as the Board of Mayor and Aldermen, a majority of whom shall constitute a quorum for the transaction of business. No person shall be eligible to the office of Mayor and Aldermen unless he is at least twenty-five (25) years old and a qualified voter under the laws of the State of Tennessee, and has been a bona fide resident of the corporation for at least sixty (60) days before an election. Said Mayor and Aldermen shall be chosen by the qualified voters of the Town of Raleigh ev- ery year, and shall hold their offices until their successors shall be elected and qualified. They shall "serve without compensation. Sec. 4. Be it further enacted, That the Mayor of the Town of Raleigh shall have the same power an The said Board, after being duly organized, Boundaries. determined to sell the site of the old penitentiary, said site being bounded on the north by Cedar Street, on the south by Church Street, on the east by Stonewall Street, and on the west by an alley, and in pursuance of this de- termination caused the said property to be sub-divided into sixty-four lots, known as McMillin's Sub-division, and sold at public auction on the 20th day of May, 1902, the terms being one-fifth in cash and the balance in one, two, three, four, and five years at five per cent interest, the State retaining a lien on each lot for the unpaid notes on said lot; and, — 564 — Whereas, Deeds were executed to the various pur- chasers of this property, signed by Benton McMillin, Gov- ernor, and John W. Morton, Secretary of State ; and, Whereas, It is desired to make clear the titles to this property held by the various purchasers ; therefore, confirmation. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the sale of the property, which was the site of the old penitentiary, in the City of Nashville, bounded on the north by Cedar Street," on the south by Church Street, on the east by Stonewall Street, and on the west by an alley, made under authority of Chap- ter 405, Acts of 1899, by the Board created for this pur- pose by said Act, and composed of the Prison Commis- sioners, the Governor, the Attorney General, the Secretary of State, and the Treasurer, after said Board had caused a sub-division of sixty-four lots of said property to be made, said sub-division being known as McMillin's Sub- division, is hereby ratified, confirmed, and validated, and the deeds to said lots executed by Benton McMillin, Gov- ernor, and John W. Morton, Secretary of State, are hereby ratified, approved, and validated, and the conveyance of said lots under deeds executed as aforesaid are made bind- ing upon the State. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 7, 1905. E..RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 11, 1905. JOHN I. COX, Governor. — 565- CHAPTEK 263. Senate Bill No. 96. AN ACT entitled "An Act to repeal so much of Section 1, Chapter 153, passed by the General Assembly of the State of Tennessee, on March 21, 1887," so far as the same applies to Trousdale County; and to provide for the taking of flsh in and from running streams of water of Trousdale County. Section 1. Be it enacted by the General Assembly of (he State of Tennessee „ That an Act passed on the 21st day of March, 1887, excepting Trousdale County from the provisions of the general fish law of the State of Tennes- see, be, and the same, so far as it relates to the County of Trousdale, is hereby, repealed. Sec. 2. Be it further enacted, That hereafter fish shall only be taken in the running streams of water in Trousdale County by use of the ordinary hook and line, trot line, snatch hooks, double hooks, and the hands ; Provided, that minnows for fish bait may be taken by dip net or minnow seine. Sec. 3. Be it further enacted, That any person taking fish in any of the running streams of water in Trousdale County, by use of seine, basket, net, dam, or gun, shall be guilty of a misdemeanor, and shall, upon conviction, be fined not less than twenty-five nor more than fifty dol- lars, and imprisoned in the county jail at the discretion of the Court Sec. 4. Be it further enacted, That the Judge of the Circuit Court of Trousdale County shall give this Act specially in charge to the grand juries of said county. 8bc. 5. Be it further enacted, That the grand juries of Trousdale County shall have inquisitorial power under the provisions of this Act, and that it take effect from and after its passage, the public welfare requiring it Passed April 6, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 11, 1905. JOHN I. COX, Governor. — 566 — CHAPTER 264. Senate Bill No. 544. AN ACT to redistrict the County of Marshall, State of Tennes- see, into five Civil Districts instead of eighteen Civil Districts, as are now existing, and to define and prescribe the bounda- ries of such Civil Districts, and to repeal all laws or parts of laws in conflict with this Act r Section 1. Be it enacted by the General Assenibly of the State of Tennessee, That the County of Marshall in this State shall hereafter consist and be composed of five Civil Districts instead of Eighteen Civil Districts. Sec. 2. Be it further enacted, That said five Civil Districts are established, and constituted, and embraced in the territory or portions of said county, described as follows : Civil District No. 1 shall embrace, comprise, and in- clude the territory in Civil Districts Nos. 8, 9, and 10 as now established and existing; Civil District No. 2 shall embrace, comprise, and include the territory in Civil Dis- tricts Nos. 6, 7, 16, and 11 as now established, and ex- isting; Civil District No. 3 shall embrace, comprise, and include the territory in Civil Districts Nos. 5, 12, and 15, as now established, and existing; Civil District No. 4 shall embrace, comprise, and include the territory in Civil Dis- tricts Nos. 13, 14, and 17, as now established and existing; Civil District No. 5 shall embrace, comprise, and include the territory in Civil Districts Nos. 1, 2, 3, 4, and 18, as now established and existing ; Provided, however > that all election precincts now established and existing in said county, shall continue and shall be legal election precincts in and for the several Civil Districts of said county as herein and hereby established in which such precincts may be located until changed by lawful authority; Provided further, there may be more than one registration place in each district for the registration of voters, and such ad- ditional place or places to be designated by the County Court of said county; and Provided further, that all the several school districts and road districts in said county shall remain as now existing, until changed by lawful an- — 567 — thority ; and Provided further, that hereafter, in the elec- tion of School Directors, there shall be three Directors elected for each school district as now existing, or as may be hereafter created. Sec. 3. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and are hereby, re- pealed. Sec. 4. Be it further enacted, That this Act take effect from and after July 5, 1906; Provided, that the present Justices of the Peace shall serve until their suc- cessors are elected and qualified. Passed April 6, 1905. E. RICE, Speaker of the Senate. W. K. ABEKNATHY, Speaker of the House of Representatives. Approved April 11, 1905. JOHN I. COX, Governor. CHAPTER 265. Senate Bill No. 557. AN ACT to amend Chapter 842 of the Acts of 1903, the same entitled "An Act to incorporate the Town of Cookeville, in Putnam County* Tennessee, and to provide for the govern- ment thereof; to establish a School District therein; to authorise said corporation to issue bonds for corporation purposes; to provide for the election of officers, prescribe their duties, and for other purposes." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Article 7, of Chapter 542, of the Acts of 1903, be, and the same is hereby, amended by adding the following section to said Article — viz. : Sec. 4. Be it further enacted, That the Board of Mayor and Aldermen shall have power and authority to elect an Assessor of Taxes for the Town of Cookeville, whose term of office shall be for a period of two years, and whose — 568 — duty it shall be to assess all the property within the limit* of said town in the same manner as the County or Districi Assessors assess property for State and county purposes; with all the power, and charged with all the duties re quired by law of County Assessors, who shall receive sucl fees or salary for his services as the Board of Mayor and Aldermen shall prescribe, and that said taxes when ac assessed shall be turned over to the Board of Mayor and Aldermen, who shall have power and authority to act as a Board of Equalization, and alter or change said assess- ment as to them may seem just and equitable before the same is turned over to the Recorder for collection. Sec. 2. Be it further enacted, That all laws or parts of law in conflict with this Act be, and the same are herebyj repealed. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 6, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 11, 1905. JOHN I. COX, Governor. — 569 — CHAPTER 266. Senate Bill No. 432. A BILL to be entitled "An Act to change the line between the Counties of Clay and Pickett." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between the Counties of Clay and Pickett be so changed as to detach that part of the land of Smith Mulens from Clay County and at- tached to Pickett County, which land is at or near Herd, Tennessee. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 6, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 11, 1905. JOHN I. COX, Governor. — 570 — CIIAPTEK 267. Senate Bill No. 468. AN ACT to appropriate two hundred dollars to provide a for the records in the Supreme Court at Jackson prior to 1880. Section 1. Be it enacted by the General Assembly of the State of Tennessee^ That the sum of two hundred dol- lars, or so much thereof as may be necessary, is hereby ap- propriated out of any moneys in the Treasury not other- wise appropriated, for the purpose of constructing a proper case, and filing therein in proper order the records of the Supreme Court at Jackson, in causes heard there prior to 1880. Sec. 2. Be it further enacted. That said sum of money shall be expended under the direction and approval of the Attorney General of the State, and the Clerk in that di- vision ; and upon the proper filing of sworn-to vouchers for said expense with the Comptroller, when approved as aforesaid, the Comptroller will draw his warrant on the Treasurer for said two hundred dollars, or so much thereof as may be necessary to make said case and file the afore- said transcripts therein; Provided, that no part of said sum shall be paid to the Clerk of the Court as compensa- tion to him for his assistance in said work. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 7, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHT, Speaker of the House of Representatives. Approved April 11, 1905. JOHN I. COX, Governor. — 571 — CHAPTER 268. Senate Bill No. 556. AN ACT to amend Chapter 542 of the Acts of 1903, the same entitled "An Act to incorporate the town of Cookevllle, in Putnam County, Tennessee, and to provide for the govern-' ment thereof, to establish a School District therein, to authorize said corporation to issue bonds for corporation * purposes, to provide for the election of officers, prescribe their duties, and for other purposes." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Article IX, of Chapter 542, of the Acts of 1903, which Act is entitled "An Act to in- corporate the Town of Cookeville, in Putnam County, Tennessee, and to provide for the government thereof; to establish a school district therein, and to authorize said corporation to issue bonds for corporation purposes; to provide for the election of officers, prescribe their duties, and for other purposes," be stricken out, and that the fol- lowing Article be inserted in lieu thereof: Article IX, Section 1. Be it further enacted, That the Appointment Board of Mayor and Aldermen shall have power to appoint iSuoltion. a Board of Education, consisting of six qualified citizens residing within the corporation limits and not members of the Board of Mayor and Aldermen, which Board, when so appointed, shall have full power, as Trustees, or Direc- tors, to manage and control the public or town schools, to elect a City Superintendent of Schools, and elect or employ well-qualified teachers, and to provide or prescribe all needful rules and regulations for said schools, said Superintendent and said teachers thereof; and said Board of Education shall hold office for three years, but of the first Board of Education elected under this Act, two shall be elected for one year, two for two years, and two for three years, and annually thereafter two members of said Board of Education shall be elected for the full term of three years. Vacancies, by resignation, removal, or death, shall be filled by the Board of Mayor and Aldermen for the unexpired term. The Board of Mayor and Aldermen shall provide by ordinance for the manner in which taxes tax. — 572 — collected by the Collector of Taxes in said town, going to the school fund, shall be paid over on the order of the Board of Education, special school Sbc. 2. Be it further enacted, That the Mayor and Aldermen of said town are hereby authorized to levy and collect a special tax for school as other taxes are levied and collected, which shall not exceed fifty cents on the one hundred dollars' worth of property, and as hereinbe- fore provided. Sec. 3. Be it further enacted, That the Town of •Cookeville is hereby created. a special school district, and that the County Trustee of Putnam County, or any other Tax Collector of Putnam County, shall pay over to the Re- corder of the Town of Cookeville quarterly on the first Mondays in January, April, July, and October of each year all moneys collected by them for school purposes from property lying within the limits of this corporation or oth- erwise, and take his receipt for the same, to be used by them in making their settlements. This shall include all school moneys collected on property, both real and per- sonal, polls, ad valorem, privilege taxes, from the State of Tennessee and otherwise. Sec. 4. Be it further enacted, That the general laws of the State in regard to common schools shall apply to the Town of Cookeville, so far as the same are not modified herein, and the said district shall be entitled to all sums of money from the public school fund that it would be entitled to receive if the district was organized under the general laws of the State. Sec. 5. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 7, 1905. E. RICE, Speaker of the Senate. W. K ABERtfATHY, Speaker of the House of Representatives. Approved April 11, 1905. JOHN I. COX, Governor. — 573 — CHAPTER 269. House Bill No. 748. AN ACT to amend an Act entitled "An Act to fix the time for holding the Circuit Courts of the various counties composing the Seventh Judicial Circuit of Tennessee/' passed April 1, 1903, as to time for holding of courts in the Counties of DeKalb and Rhea. Section 1. Be it enacted by the Oeneral Assembly of {he State of Tennessee, That an Act passed April 1, 1903, regulating the times of holding the Circuit Courts in the Seventh Judicial Circuit of Tennessee, be amended so as to provide that the Circuit Courts for the counties of De- Kalb and Rhea be, and are, as follows : DeKalb — First Tuesdays after second Mondays in April, August, and November. Rhea — "First Tuesdays after second Mondays in March, July, and December. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are here- by, repealed. Sec. 3. Be it further enacted, That this Act take effect from and after May 1, 1905, the public welfare requir- ing it Passed April 7, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. KICE, Speaker of the Senate. Approved April 11, 1905. JOHN I. COX, Governor. 574 — CHAPTER 270. House Bill No. 712. AN ACT to create and establish an independent School District in the Fifth Civil District of White County, Tennessee, known as the Fifteenth School District Section 1. Be it enacted by the General Assembly of the State of Tennessee, That there be, and is hereby, cre- ated and established an independent School District in the Fifth Civil District of White County, to be known as the Fifteenth School District of said county, and bounded as follows: beginning in the Sixth District line at Bock House ; running south, including lands of B. Arnold and E. H. Johnson ; thence east to Carthage Road, near Darkey Springs; thence south with said road to Knowles* and Dabbs' store and K. Y. Roads; thence east with the old TV«oOTiSoliyptl sub-district line, including the lands of Joe Swindell, Fred printed. Helton, and John Scroggins, to Third District line on the mountain; thence north to Ninth District lines to Sixth District line ; thence west with Sixth District line to the beginning corner. Sec. 2. Be it further enacted, That said independent School District shall have all rights and privileges and en- dowments as other School Districts of White County, and shall be controlled by three Directors, appointed by the County Superintendent, to serve until the next regular election, when the three Directors shall be elected by the qualified voters of the said School District, as the other School Directors are elected and for the same time. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 6, 1905. W. K. ABERNATHT, Speaker of the House of Representatives. E. RICE, Approved April 11, 1905. Speaker of the Senate. JOHN I. COX, Governor. — 575 — CHAPTER 271. House Bill No. 116. AN ACT to exempt Hickman County from the provisions of an Act, approved May 10, 1895, Chapter 127, entitled "An Act for the protection of fish in the State of Tennessee/' and to repeal Chapter 328 of the Acts of 1901, approved April 20, 1901, entitled "An Act to amend an Act entitled 'An Act to exempt Hickman County from the general fish law/ " and to repeal Chapter 96 of the Acts of 1903, approved March 11, 1903, entitled "An Act to prohibit fishing in Hickman County during spawning season." Sxctton 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be lawful for any resident of Hickman County to catch fish for use on his own table in barrel or hoop, nets or to kill them with gigs in any of the streams of running water within the limits of the county; Provided, that fish shall not be caught or killed in the interval of time from April 20 to June 20 each year in any of the streams within the limits of said County of Hickman, except Duck River. Sbc 2. Be it further enacted, That the people residing and living in said county shall have the right to catch fish in said Duck River during any and all seasons of the year, and by any means except by the use of dynamite or other explosives, poisons, traps, or brush drag nets, and shall have the right to sell or give away same to be used in said county, but not to be sold or exported out of the county. Skc. 3. Be it further enacted, That Chapter 328 of the Acts of 1901, approved April 20, 1901, entitled "An Act to amend an Act, entitled 'An Act to exempt Hickman County from the general fish law/ " and also Chapter 96 of the Acts of 1903, approved March 11, 1903, entitled "An Act to prohibit fishing in Hickman County during spawning season," be, and the same are hereby, repealed ; and that all laws and parts of laws in conflict with this Act be, and are hereby, repealed, in so far as they apply to the people residing in Hickman County. — 576 — Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 7, 1905. W. K. ABEKtTATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 11, 1905. JOHN I. COX, Governor. CHAPTER 272. House Bill No. 814. AN ACT to be entitled "An Act to create and establish an inde- pendent School District in Moore County, Tennessee, out of parts of the Third, Fourth, and Sixth Civil Districts of said county, to be known as the Fourteenth School District of Moore County, Tennessee, and to provide a Board of Directors for same." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an independent School Dis- trict be, and the same is hereby, created and established cut of portions of the Third, Fourth, and Sixth Civil Dis- tricts of Moore County, Tennessee, included within the fol- lowing boundaries — to-wit: Beginning at the Moore and Lincoln County line at the top of ridge between Louse Creek and Tuckers Creek, running with said ridge in a northerly direction to the Widow Patton's farm; thence crossing the head of the west prong of Earris Creek, a southern course, so as to include the farms of James Hens- ley and Mack Smith ; thence east, crossing the head of the east end of Farris Creek, so as to include the farms of the Widow Wagner and J. M. Grammar; thence to the top of ridge, northeast between Short Creek and Farris Creek ; thence east to Short Creek so as to include the farm of T. D. Allen ; thence to top of ridge between Short Creek and Coffee Creek; thence north with the meanderings of said ridge so as to include the farms of C. S. Bobo, L. T. Davis, W. T. Wiseman, and C. M. Matlock; thence north — 577 — to the First District line so as to include the farm of the Widow George Massey, J. A. Brace, and the old Harper place, also the Frank Grammar place; thence with said district line between First and Sixth Districts to Walk Aahby's on Mulberry Creek; thence south with said dis- trict and county lines back to the beginning. Sec. 2. Be it further enacted, That said independent School District shall be known as the Fourteenth School District of Moore County, Tennessee, and through a Board of Directors shall exercise all the powers of a School Dis- trict now given by law. Sec. 3. Be it further enacted. That the County Super- intendent shall appoint one School Director for said dis- trict, who shall serve until the regular term for election of School Directors under the present law. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 7, 1905. W. K ABEENATHT, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. JOHN I. COX, Governor. Approved April 11, 1905. 37 578- CHAPTER 273. House Bill No. 683. A BILL to be entitled "An Act to create a school in the Sixth Civil District in Henry County, embracing the Town of Puryear." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That there shall be established a school at Puryear, Henry County, Tennessee, "Puryear School," embracing the following territory: Beginning northeast of T. L. Valentine's residence ; thence west, em- bracing Finley Provine, Jack Stephens, and Jack AaMns, to Clear Creek ; thence south with Clear Creek to Puryear and Cottage Grove Roads; thence south to MacRoss; thence southeast, embracing the land of Bob Fields, John Jones, J. D. Morris, including the land of Bill Jackson; thence north, embracing the land of Bill Douglass and Dee Freeman ; thence down Clark's River to the beginning. Sec. 2. Be it further enacted. That said School Dis- trict shall have the right to elect their own School Board, which shall consist of five members, and who shall elect three School Directors, who shall act together in employing teachers and do any other work to the advancement of the school. Sec. 3. Be it further enacted, That said School Dis- trict shall have the right to elect their own School Board, which shall consist of five members, and who shall elect three School Directors, who shall act together in employing teachers and do any other work to the advancement of the school. Sec. 4. Be it further enacted, That a special election shall be had for the purpose of electing the three School Directors and the School Board of five, created by this Act; Provided, that said School Directors and School Board shall hold their offices until the general election. Sec. 5. Be it further enacted, That there shall be an election held on the first Saturday in July for the election of said School Commissioners and School Board; that if for any cause any of said Directors or said Board so elect- — 579 — od under this Act fail or refuse to Act or qualify as the law directs for ten days after the election as directed by the law, and if no election is held, that the County Super-, intendent of Henry County shall have power to fill the vacancy or vacancies by appointment. Sec. 6. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 6, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. KICE, Approved April 11, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 274. House Bill No. 613. A BILL to be entitled "An Act to authorize the appointment of Notaries Public by the Governor in counties having a popula- tion of not less than 12,936 and not exceeding 12,975, accord- ing to the Federal Census of 1900, or any subsequent Federal Census.*9 Section 1. Be it enacted by the General Assembly o/ This Act »p- (he State of Tennessee, That the Governor be, and is here- $£* by, authorized to appoint Notaries Public in counties hav- county. ing a population of not less than twelve thousand nine hun- dred and thirty-six, and not exceeding twelve thousand nine hundred and seventy-five, according to the Federal Census of 1900, or any subsequent Federal Census ; Pro* vided, that the Governor shall not have the right to appoint exceeding two Notaries Public in any one Civil District of said county. Sec. 2. Be it further enacted, That the provisions of this Act shall not affect the* right of the County Court to elect Notaries Public as now provided by law. — 580 — Sec. 3. Be it further enacted, That this Act shall take effect from and after its passage, the public welfare re- quiring it. Passed April 6, 1905. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 11, 1905. E. RICE, Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 275. House Bill No. 809. A BILL to be entitled "An Act to create an independent School District of parts of the First, Fourteenth, and Fifteenth Civil Districts of Greene County, Tennessee." Section 1. Be it enacted by the Genera} Assembly of the State of Tennessee, That an independent School Dis- trict be established from portions of the First, Fourteenth, Fifteenth Civil Districts of Greene County, Tennessee, be- ginning with the farm of A. M. Reeser, on the south side of the Nolachucky River, in the First Civil District ; thence westward to the farm of Mrs. Roda Earnest ; thence north- west to the residence of 0. E. Smith, in the Fourteenth Civil District ; thence northwest to the farm of James Me- Crackin ; thence northeast to the farm of Charles* Hankal; thence east to the farm of John Grant in the Fifteenth Civil District; thence to the fork of the public road at Oakdale schoolhouse ; thence north to the residence of John Good ; thence east to the Washington County line, near the house of Michael Anderson ; thence with the county line to the mouth of Limestone Creek at the Nolachucky River; thence west to the beginning, the farm of A. M. Reeser. — 581 — Sec. 2. Be it further enacted. That this Act take effect from and after its passage, the. public welfare requiring it. Passed April 8, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 11, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 276. House Bill No. 611. AN ACT entitled "An Act to create a new Special School Dis- trict out of a part of the Fourth and Fifth Civil Districts of Houston County." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an additional School District, to be known and designated as School District No. 9, be established in Houston County with the following bound- aries: Beginning on the railroad on Boon's crossing, running thence with said railroad to the west boundary line of William Averitt's farm; thence in a southern direction with the dividing ridge between Ward Hollow Branch and Muster Ground Branch to the Eighth District line ; thence with said district line in a western direction to the old Charlotte and Dover stage road ; thence with said road to the Fifth District line ; thence with said Fifth District line westward to a point a little north of L. R. Hooper's east boundary line, crossing Bateman's Branch with said L. R. Hooper's east boundary line, to the ridge on the south side of the said Bateman's Branch; thence south with said ridge to a point east of James Kingsmill's place; thence southwest so as to include said KingsmilTs residence as well as Mrs. Ella Boon's place ; thence in a western direc- tion to a point east of a place known as the Mate Wallace place, excluding said place ; thence in a northwestern direc- — 582 — tion to the old Robs Pond ; thence in a northeastern direc- tion with the county road leading from Erin to Waverly to a point in said road a little south of George Teff a resi- dence ; thence in an eastern direction to the beginning of the proposed new School District. Sec. 2. Be it further enacted, That the School District created by the first section of this Act shall have all the rights, privileges, and emoluments, and be governed by the same laws and rules that govern, control, and reg- ulate the other School Districts in Houston County, and that at first regular election held in said county for School Directors, three Directors shall be elected for said School District, and until the next regular election the County Superintendent shall appoint three Directors to serve until their successors are elected and qualified. Seo. 3. Be it further enacted^ That all laws in conflict with this Act are repealed, and that this Act take effect from and after its passage, the public welfare requiring it Passed April 6, 1905. W. K ABEENATHT, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 11, 1905. JOHN I. COX, Governor. — 683 — CHAPTEE 277. House Bill No. 756. A BILL to be entitled "An Act to establish School District No. 29 in Rutherford County, State of Tennessee, and to provide Directors for the same." Section" 1. Be it enacted by the General Assembly of Boundaries. the State of Tennessee, That the territory embraced in the following metes and bounds shall constitute, and is hereby established as, School District No. 29 of the County of Rutherford, State of Tennessee : Beginning at center of Stone's Kiver, Mrs. Emma Hunt's northwest corner ; thence with her west line south to a stone in Jefferson Road ; thence northwest with said road to the northwest corner of M. E. Neely's ; thence with Ids west line south to his southwest corner; thence with his line to northeast corner of Neal farm ; thence south with said Neal line to a point in road leading from Lebanon Pike to Lewis Mill ; thence east with said road to Stewart's northwest corner; thence south with said Stewart's west line to point in road leading to Florence Station ; thence east with said road to corner northwest of Joe Black's farm ; thence south with said Black's line to point in road leading to Dentonville; thence across Lebanon Pike to Crutcher's southeast corner ; thence north with Crutcher's, east to Drake's southwest corner ; thence east with Drake's south line to his southeast corner; thence north with Drake's east line to center of river, Drake's northeast cor- ner; thence with the meanderings of said river eastward to H. C. Drake's northwest corner; thence with line west to a stake in road leading from Betty's Ford ; thence north with said road to the center of Jefferson Pike ; thence east with said pike to north of road between W. M. McDaniel and R M. Bucker; thence with said road -northwardly to 8. D. Hall's east line ; thence north with said Hall's, east line to his northwest corner; thence with his north line to his northwest corner; thence north with Bivin's east line to his northeast corner; thence with his north line wst to J. B. John's southwest corner; thence with his west line to point in road leading from Lebanon Pike to Cains- — 584 — ville; thence west with said road to the Hubbard well; thence westwardly to Dr. Elwood Sander's southwest corner; thence north to Lander's west line and Mrs. Susan Weather's east line to Frank Weather's southeast comer; thence with his east line to his northeast corner; thence west with his north line to his northwest corner ; thence south with his west line to a point in the "cut off" road ; thence west with said road to Frank Bell's southeast corner; thence north with the Powell's Chapel road to Bell's northeast corner ; thence west with his north line to his northwest corner; thence south with his west line to the Jefferson Pike ; thence southeastward with said pike to N. C. Robinson's northeast corner; thence north- ward with his line to center of river ; thence eastward with the meanderings of said river to the beginning. Sec. 2. Be it further enacted, That the Superintend- ent of Public Instruction for the County of Rutherford is hereby empowered to appoint three School Commission- ers for said district, to serve until the next regular election for School Commissioners. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 8, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 11, 1905. JOHN I. COX, Governor. — 585 — CHAPTER 278. House Bux No. 676. TO BE ENTITLED "An Act to provide for the creation of Improvement Districts for the purposes of opening, widening, extending, grading, curbing, guttering, paving, gravelling, macadamising, parking, or laying permanent sewers on, upon, or in any street, highway, avenues, or alley within the corporate limits of any city or town in this State having a population of not less than thirty-two thousand nor more than seventy-five thousand inhabitants, according to the Federal Census of 1900, or any subsequent Federal Census; to provide for the appointment of Improvement District Com- missioners for said Improvement Districts; to provide a method of assessing part of the cost of said improvements upon the land lying in, abutting on, or adjacent to said Improvement Districts, and of paying for said improvements; and to authorize the issuance of bonds or certificates, to pay for same, and the redemption of said bonds." Section 1. Be it enacted by the General Assembly o/ This Act ap. the State of Tennessee, That in all cities or towns of this fiSrtito. State having a population of not less than thirty-two thou- sand inhabitants, nor more than seventy-five thousand, ac- cording to the Federal Census of 1900 or any subsequent Federal Census, it shall be lawful for the legislative bodies of said cities or towns, upon petition duly signed by the owners of two-thirds of the lots or parcels of land abutting on, or adjacent to, any street, highway, avenue, or alley within the corporate limits of such city or town, or abutting on or adjacent to any part of such street, highway, avenue, or alley, and not less than one block or the space between two cross streets in length, to provide by ordinance duly passed for the improvement of any such street, highway, avenue, or alley, by opening, widening, extending, grading, curbing, guttering, paving, gravelling, macadamizing, or laying permanent sewers therein, or part of same not less than one block in length as aforesaid, and to provide for the making of special levies or assessments upon the land abutting on, or in case of sewers adjacent to, such street, highway, avenue, or alley or part thereof, to be improved in the manner hereinafter set forth, to pay for said im- provements. — 586 — petition for Sec 2. Be it further enacted, That in order to bring ^JteSI116111 any contemplated improvement of any street, highway, ave- nue, or alley within the corporate limits of any of the cities or towns aforesaid within the provisions of this Act, the owners of two-thirds of the lots or parcels of land abut- ting on, or adjacent to, said street, highway, avenue, or alley or part of such street, highway, avenue, or alley, not less than one block in length, shall first file with the legislative body of such city or town a petition setting forth the limits of the Improvement District desired to be cre- ated, the character of the improvements desired, whether opening, widening, extending, grading, curbing, guttering, paving, gravelling, macadamizing, or laying permanent sew- ers, averring the willingness of each of the signers of said petition to pay their reasonable pro rata share of the cost of said improvement; and each signer of such petition shall not only sign his name, but also designate his lots or parcels of lands abutting on, or adjacent to, the street, highway, avenue, or alley proposed to be improved ; Provided* how- ever, that such petition shall in no case be gotten up by paving contractors, or their agents or employees, nor by any one who intends to be, or thereafter becomes, a bidder on the work to be done pursuant to said petition. Sec. 3. Be it further enacted, That upon the filing of such petition as above set forth in Section 2 thereof, with the legislative body of any of said towns or cities aforesaid, said legislative body may, in its discretion, either grant or reject same by resolution, stating the reasons therefor. If such petition be granted, said legislative body shall forth- with, by ordinance, designate the limits of the Improve- ment District by distinctly specifying the street, highway, avenue, or alley, or part thereof to be included therein as set forth in said petition, and by giving it a number such as "Improvement District No. ;" shall also designate the character and kind of the work to be done, the manner of the construction of said improvement, and the material to be used therein ; or the legislative body of said city or town may decide upon the manner of the con- struction of said improvement and the material to be used therein after receiving bids for the same. Said ordinance shall also direct the City Engineer of said city or town to prepare proper plans and specifications for the construc- tion of said improvements, and also direct him to stake out the established grade of said street, highway, avenue, or alley to be improved; and may require him to prepare — 587 — estimates of the cost of the proposed improvements and file same with the Recorder of said city or town. Sec. 4. Be it further enacted, That all permanent im- im^ovementj provements authorized by this Act shall be constructed un- der contract with the lowest responsible bidder, and no contract shall be let for the construction of any such im- provement until notice of the letting of the contract, in- viting sealed proposals or bids, therefor shall have first been published in some newspaper of general circulation in such city or town for not less than ten days, and in such other papers as the legislative body of such city or town may direct. Such notice, by reference, shall include the plans and specifications of the City Engineer, and may, also, re- quire the bidder to furnish other and different plans and specifications to be in all respects complete for the con- struction of the improvement, together with his bid for same. The notice shall serve (reserve) the right to reject any and all bids, and may require samples of material* to be furnished to the City Engineer at lesat three days be- fore the time for opening said bids, and any other pro- visions said legislative body of said city or town may deter- mine. Sec. 5. Be it further enacted, That all bids for theBondtoaoeom- construction of the improvements authorized by this Act Panybldi- shall be accompanied by a suitable bond, with at least two good and solvent sureties, who are citizens or residents of the city or town where the improvement is to be done, or, in lieu of personal sureties, the bond of some surety company authorized to do business in this State may be given, in a penal sum of at least ten per cent of the entire cost of the work to be done or improvement to be made, computed on the basis of the bid submitted, conditioned that the contractors named therein shall, in case said work is awarded them and his or their bid accepted, enter into a contract with said city or town within the time required, and for the price named in their respective bids, and in accordance with the plans and specifications of the City Engineer, and the provisions of the resolutions or ordi- nances of said legislative body. All bonds, whether ten- dered with bids for the work or for specific performance of the contract, and all forms of contract, shall be submitted to the attorney or solicitor of said city or town to ascertain if they sufficiently guard the interest of said city or town, and are in all respects legally sufficient, and he shall report his opinion in reference thereto in writing to said legis- — 588 — lative body of said city or town. Before any of the bidj submitted shall be opened, the said attorney or solicitor of said city or town shall investigate and report as satis- factory the bond submitted with said bid, and said bond shall also be examined by said legislative body, and deter* mined to be satisfactory before proceeding to open any of said bids. All bids shall be opened and read by the Re- corder of said city or town in open session of said legis- lative body, at such time as that body may direct, and no bids shall be considered which are not in accordance with the plans and specifications of the City Engineer, or those furnished by the bidder with his bid when so required; and also accompanied by proper bond aforesaid. Bids may be All bids, or any part thereof, may be rejected and new wjeoted. ^. ^ or(jere«» w aye £Qr municipal purposes, either by providing for a special assessment thereof by some person appointed or elected to make such assessment; Provided, such assess- ment shall be for taxation for municipal purposes only, or to adopt the assessment made by the County or District Assessor for State and county purposes, or in such other manner as to the authorities of said corporation may seem right and proper; and that the levy for municipal purposes of every character the kind shall at no time exceed in amount the levy of State and county for the same year. Delinquent 20. To provide for the collection of delinquent taxes * and to fix the time when same shall become delinquent; prescribe such penalties as they may see proper to en- force their payment or collection ; and to this end it is now provided that the Circuit or Chancery Courts of Sumner County shall have jurisdiction in all cases involving the revenue of the said corporation, without regard to the amount, and said corporation shall have the right to join in any suit for the collection of such taxes as many persons as may be desired, and sue for the collection of taxes upon as many different pieces of property as may be deemed advisable in any one bill ; Provided, the num- ber of pieces of property or taxes shall not exceed twenty- five; and Provided further, that the costs of such cases shall be pro rated among the parties of pieces of property. 21. And said Mayor and Aldermen shall have full pow- er and authority to enact such by-laws and ordinances as may be for the general welfare of the citizens of said town, and as may be necessary to preserve the health, quiet, peace, and good order and good morals of the town, and to protect and preserve the property of its citizens, and to provide for and protect the moral and phyiscal well-being of all minors. taxes. — 621 — Sec. 9. Be it further enacted, That all process direct- ed to the City Marshal or other officer of the corporation may be executed by the Sheriff of the county or any Con- stable, or by such other person as may be designated by an ordinance of the corporation. Sec. 10. Be it further enacted, That in the absence, justice of the temporary or otherwise, of the Eecorder, the City Mar- utSe*™?- ahal or other officers may apply to a Justice of the Peace £?£when~. for a warrant, who shall issue it, and on the arrest of the offender proceed to hear and determine the case, and if the person charged be adjudged guilty, shall assess such fine and penalty as may be prescribed by ordinance of the town in such cases. In the event of the absence of the Mayor, temporary or otherwise, the said corpora- tion may provide by ordinance some person or official to act and serve in his stead as Mayor pro tempore, and such Mayor pro tempore shall be invested with all the powers and charged with all the duties that the Mayor has or would have. Sec. 11. Be it further enacted, That when any per- Power to com- snn or persons may be convicted or fined for any offense m ers" against the laws or ordinances of the corporation, it shall be the duty of, and lawful and proper for, the Recorder or Justice of the Peace, who may render the judgment, to commit the offender to the workhouse or calaboose or to the county jail to work out at hard labor the said fine and costs, or he may receive good and sufficient security for said line and costs, and within thirty days thereafter shall issue the execution therefor, directed to the City Marshal or other officer of the corporation, or to the Sheriff or other lawful officer of the county, which ex- ecution shall have the same force and validity as exe- cutions issued by Justices of the Peace and the officer or officers to whom directed shall have the same power and authority and be charged with the same duties with re- spect to the same as Constables or Sheriff. In case the officer into whose hands the execution may come shall fail to make proper "return of the same before the Re- corder or Justice of the Peace within thirty days from the date of its issuance, or if such officer fail on demand to pay over to the Treasurer any money by him collected on such executions, he and his securities shall be liable to the same penalties that Constables are now subject to by law for failing to return executions issued by Justices of the Peace or for failing to pay over money collected on the same, by motion before a Justice of the Peace. Sec. 12. Be it further enacted, That the City Marshal, or other police officer of said corporation, shall be invested with concurrent jurisdiction with District Constables of the State, and shall have and exercise the same power in all matters relating to the enforcement of its ordinances and execution of its process. Sec. 13. Be it further enacted. That before the Mayor and Aldermen of the Town of Portland, Tennessee, shall be liable for damage to any person for injury to person or property, the person aggrieved or some one for him shall give to the Mayor of the city notice in writing of the injury complained of within thirty days after the in- jury occurred, stating when, where, and how the same occurred and the extent thereof, and giving a statement of the facts in connection with the same, and before any suit shall be brought for such injury it shall affirmatively appear that such notice was given and that such corpora- tion refused to pay damages, jurisdiction of Sec. 14. Be it further enacted, That the jurisdiction Police!6' and °f the Recorder and the police authority of said corpora- tion shall extend to a distance of one mile from the cor- porate limits of the same for the suppression of all disor- derly acts and practices forbidden by the laws of the State or by the laws and ordinances of the corporation. Sec. 15. Be it further enacted, That it shall never be lawful to sell within the corporate limits of said corpora- tion nor within one mile of said corporate limits any wine, whisky, beer, ale, hard cider, or any malt, vinous, spirit- ous, or intoxicating liquors of any sort or description to be drunk as a beverage; nor shall any general law with respect to the sale of such liquors, enacted by the General Assembly of this State, be held or construed to alter, re- peal, amend, or in any manner affect this provision. Laboron Sec. 16. Be it further enacted, That all male resi- dents within the corporate limits of said town within the ages of eighteen and fifty years, except such as are exempt by the ordinance of said corporation, shall be subject to assessment for labor on the streets and roads of said town, not to exceed six days, and shall be subject to perform such labor in person or by substitute and with wagons and teams and implements each and every year, when as- signed to such labor by the Mayor and Aldermen of said town, or their designated officer or committeeman, or shall — 623 — pay snch reasonable sum in commutation of such labor as may be fixed by ordinance^ in lieu of such labor, and said Mayor and Aldermen are hereby empowered to enforce this provision and carry into effect the same by proper ordinance and by such fines and penalties as they may deem best. Sec. 17. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare requir- ing it. Passed April 8, 1905. J\T. K ABEKNATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 11, 1905. JOHN I. COX, Governor. CHAPTEK 289. House Bill BTo. 297. AN ACT to create the office of County Judge for the County of Tipton, and to abolish the Quorum and Chairman's Court of said county, and to define the duties of said County Judge. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the office of County Judge of the County of Tipton, be, and the same is hereby, es- tablished in said county. Sec. 2. Be it further enacted, That said County Judge Qnaiiflcatiom. shall be a person learned in the law, and otherwise legally qualified, and as soon as practicable after the passage of this Act, the Governor shall fill said office by appointment, the person appointed to hold his office until the first regu- lar election for county officers occurring after the passage of this Act — 624 County Judge to be com- missioned. Quorum Court abolished. Judge to hold court. Jurisdiction. Sec. 3. Be it further enacted, That at the first regular election for county officers occurring after the passage of this Act the said County Judge shall be elected by the qualified voters of Tipton County. Sec. 4. Be it further enacted, That the term of office of said County Judge shall be eight years from the first day of September following his election. Sec. 5. Be it further enacted,. That said County Judge shall be commissioned in the same manner as other Judges of the State, and before entering upon the duties of the office he shall take an oath to support the Constitution of the United States and ol the State of Tennessee, and an oath of office. Sec. 6. Be it further enacted, That the Quorum Court and Chairman's Court in said county is hereby abolished, and the County Judge shall have and exercise all the juris- diction now belonging to said Quorum Court or Chair- man's Court, he shall preside over the County Court at its quarterly session, which shall be held as heretofore, and shall have and exercise the same powers, jurisdiction, and authority which now belong to and are exercised by the Chairman of the County Court, and shall perform the duties now required of said Chairman, either in or out of the court. Sec 7. Be it further enacted, That the County Court to be held by the County Judge, shall hold its regular ses- sions on the first Monday of each month, provided that on the Mondays of the quarterly session of the County Court all the business requiring the presence of all or any of the Justices of the Court shall be first disposed of, after which the County Judge shall dispose of such other business before the court as, by the provisions of this Act, is directed to be attended to by him, and said court shall sit from day to day as long as the business thereof shall re- quire, and shall have the same power to keep order as is now conferred upon Circuit Judges and Chancellors. Sec. 8. Be it further enacted, That the jurisdiction and power of the present County Court or its Chairman are hereby transferred and given to the County Judge, who shall have jurisdiction, power, and authority now ex- ercised or possessed by the County Court or its Chairman over all questions that the Chairman of the County Court now has jurisdiction of, and all other jurisdictions, power, and authority which may be necessary and property in the exercise thereof. — 625 — Sec. 9. Be it further enacted, That said County Judge shall have the power and authority to grant fiats or writs of attachment or injunction certiorari and supersedeas and all other extraordinary writs that the Chancellors and Circuit Judges of this State have the power to grant, and also to hear and determine cases on writs of habeas corpus, and he shall also have the right to appoint receivers. Sec 10. Be it further enacted, That the salary of the salary County Judge shall be in the sum of eight hundred dollars per annum, and the same shall be paid quarterly by the County Court of Tipton County, and it is hereby made the duty of the Quarterly Court of said county to make an appropriation to pay said salary at each Quarterly Court, the same to be paid quarterly. Sec. 11. Be it further enacted, That said County Judge shall not practice as an attorney in the court over which he presides or act as counsel in any case appealed therefrom. Sec. 12. Be it further enacted, That whenever it shall so happen, from sickness or other cause, that the County Judge is unable to attend his court, then the Governor ehail appoint some suitable person to hold the court until the disability is removed, said appointment to be made by the Governor upon the certificate of said County Judge, 6tating that he is unable to attend or hold his court. Sec. 13. Be it further enacted, That the County Court Dcterk?f 0)erk shall be and continue the Clerk of the County Court and shall have all the powers, jurisdiction, and authority now possessed by him. Sec. 14. Be it further enacted, That hereafter it shall be the duty of the Clerk of the County Court to keep a docket of all cases to be tried in said court, as are now kept by the Clerks of the Circuit Court or the Clerks and Masters of the Chancery Court. Sec. 15. Be it further enacted, That all appeals of certiorari from municipal courts in the County of Tipton shall be to said County Court, and said County Judge is hereby given jurisdiction to try said cases. Sec. 16. Be it further enacted, That so much of the Chapter 120 of the Acts of 1875, as establishes the Chair- man's Court, as applies to Tipton County, is amended and repealed. Sec. 17. Be it further enacted, That said County Judge shall have the power to solemnize the rites of mat- rimony. 40 — 626 — Sec. 18. Be it further enacted, That this Act take ef- fect from and after January 1, 1906, the public welfare requiring it. Passed April 10, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 11, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 290. House Bill No. 292. AN ACT to amend an Act passed March 10, 1891, to create the office of County Judge for the County of Obion. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 136, of the Acts of 1891, be so amended as to read, that the County Judge shall have the power and authority to grant fiats or writs of attachment or injunction certiorari and supersedeas and all other extraordinary writs that the Chancellors and Circuit Judges of this State. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 10, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 11, 1905. JOHN I. COX, Governor. 62T— CHAPTER 291. House Bill Xo. 720. A BILL to be entitled "An Act to create a Board of Jury Com- missioners for counties in this State having a population of sixteen thousand four hundred and ten and less than sixteen thousand four hundred and twenty inhabitants by the Federal Census of 19ou, or that may have that number of inhabitants by any subsequent Federal Census; to prescribe the duties of the members of said Board and of the Judges and the Clerks of the Circuit Courts and the Sheriff in each county affected by this Act, and to provide for the appointment and selection of jurors for the Circuit Courts in the counties coming under the provisions of this Act and the qualifications of persons to be selected as jurors, and to punish violations of this Act • and to repeal all laws in conflict with this Act." Section 1. Be it enacted by the General Assembly °f Th^iAo^)9^Btm the State of Tennessee, That at each regular term of the ren county. Circuit Court, after the passage of this Act, the Judges of each Circuit Court of this State, in each county in this State, to which this Act applies, or in vacation within six- ty days after the final adjournment of the regular term, shall appoint three Jury Commissioners, from different localities in the county, each of whom shall be a citizen of the county and a freeholder thereof, and shall be a man of good reputation and good moral habits and sound judg- ment, and not more than two of whom shall belong to the same political party, that no person having a pending suit in said court or interest therein, if known to the Judge, or directly or indirectly seeks the appointment, shall be ap- pointed or serve on said Board of Jury Commissioners. So soon as said Commissioners are appointed the Judge so ap- pointing the same shall in writing, signed by him, state whom he has appointed as such Commissioners and shall file with the Clerk of said Circuit Court said writing, which shall be preserved as a record of said court, and said. Clerk shall, within ten days after the same is filed, or as soon thereafter as practicable, issue for each of said per- sons so appointed Commissioners a copy of said order or> writing so filed in his office by the Judge, and he shall also notify each of said Commissioners to meet at the court- house on a day to be named by him or as soon thereafter as practicable, the same to be at least thirty days before the next term of the court for which said Commissioners are to make the jury list and select said jurors, and shall deliver the same to the Sheriff, who shall serve the same on said Commissioners by giving them a true copy of the same and making his return on the copy so furnished him ; and each Commissioner, before entering upon his duty as such, shall take and subscribe in writing and file with said Circuit Clerk, who is hereby authorized to administer said oath: "I (here insert name of Commissioner), do solemnly swear that I will faithfully perform and honestly dis- charge all the duties imposed upon me by the laws of the State as a Jury Commissioner without fear, favor, or par- tiality, and that I will select and appoint as jurors only such men as are competent and qualified for service as jur- ors and none others, so help me God" (here Commissioner signs his name). Sworn to and subscribed to before me this the — ; day of , 19 — . Here Cierk signs his name. And said Commissioners shall, after thus being sworn, meet at some place in the county site of said county, and shall elect and make out a list of twenty-five jurors, or a greater number if so di- rected by the Judge in his written order in appointing said Commissioners, to attend and serve as jurors at the next regular term of the Circuit Court in said county. Sec. 2. Be it further enacted, That the jury list, when made out by said Commissioners, shall be certified to and signed by them and sealed up in an envelope and filed with the Clerk of the Circuit Court and by him filed in his of- fice, and the date of such filing indorsed thereon, and they shall also keep a record of such jury list in a book to be furnished them for that purpose by the Clerk of the Cir- cuit Court after they have entered the names of the jurors selected thereon, and the said Clerk shall keep said book and said jury list secretly, and not allow the same to be inspected by any one other than the Commissioners or the Judge of said Court. Namei to be The said Clerk and Commissioners shall keep secret the i * ,* names of all persons placed upon said jury list and en- tered in said book, and shall not divulge the same except as may be absolutely necessary in the performance of their duties imposed upon them by this Act, and said jury list and said book containing the names shall be kept and preserved as a part of the records of his office. Thereafter and at least ten days before the term of said court, for kept secret. which said jury list has been made and said jurors se- lected, and said Clerk shall issue to the Sheriff a writ of venire facias for the twenty-five persons whose names first appear upon said list of jurors so selected to appear at said court for which they were selected as jurors for said term of court, and it shall be the duty of the Sheriff to serve the same as now provided by law in summoning jur- ors- Sec. 3. Be it further enacted, That any person ap- commissioner pointed and summoned as a Jury Commissioner herein mu8tserve- provided, refusing or neglecting to act as such shall be guilty of contempt of coiirt and may be fined, unless good cause be given for refusal or neglect, the sum of fifteen dollars, and shall also be guilty of a misdemeanor. That in case any one so appointed as a Commissioner does not serve, then the other two Commissioners shall perform the duties required of said Board of Jury Commissioners, and in case two or more do not serve, then the Circuit Judge shall, on the first day of the term of said court, select the jurors to serve at that term and from time to time during said term he shall select such additional jurors as may be needed. Sec. 4. Be it further enacted, That said Jury Com- compensation, missioners shall faithfully and truly perform the duties herein required of them, and shall receive as a compensa- tion therefor the sum of one dollar and a half ($1.50) per day while actually engaged in the performance of duty, which shall be paid them upon certificate of such service, signed by the Judge of said Circuit Court, out of the Treasury of the county where said service is performed. Sec. 5. Be it further enacted, That when on the trial Cle^££mish of any criminal case, the same being a felony, where a list when panel may be called for or demanded under the existing law, the Clerk of the court shall, from the jury list fur- nished for that term, copy the number of names ordered by the court for said panel, first placing thereon the names of all the twenty-five jurors summoned on the original panel to attend said court as jurors and who are in attend- ance on the court and who have not been excused by the court and who are not then engaged in service as grand jurors or engaged as jurors in the trial of some other case ; and if any other names are required to complete the panel ordered by the court, then the same shall be made by the Clerk from the jury list so filed by the Jury Commission- ers, commencing with the twenty-sixth on said jury list and called. — 630 — continuing consecutively down the list until the original panel ordered by the court is completed, and shall issue summons for said persons not already in attendance on the court as jurors, and the Sheriff shall summon them, and if the original and first panel ordered made out by the court in the case on trial is exhausted before the trial jury is se- lected and completed, then the Judge of the court shall se- lect and appoint other persons to be summoned by the Sher- iff to be placed on an additional panel or panels as jurors for the purpose of oompleting and impaneling the trial jury in said felony case on trial; he, the said Judge, selecting them from the remaining names on the jury list or other competent persons whose names are not on said jury list, and the Clerk shall issue summons for said persons so se- lected by the Judge and the Sheriff shall summon them. court may Sec. 6. Be it further enacted, That if at any time othlf°5rori. from any cause the jury list aforesaid be exhausted the presiding Judge of the court shall select and name other persons as jurors for the required service and have them summoned instanter; Provided, however, the trial Judge may in felony cases and before the jury list furnished by the Jury Commissioners is exhausted may select and ap- point, as provided for in Section five (5) of this Act, and have summoned as jurors in the trial of said felony case persons whose names are not on the list of jurors furnished by the Commissioners. judge to desif?- Sec. 7. Be it further enacted. That the Board of Jury tobedr!!^ Commissioners so appointed as aforesaid shall select list and envelope as aforesaid, the number of persons qualified as aforesaid, and the Judge may order and is empowered to have placed on said jury list to be made by said Jury Commissioners a greater number than twenty-five names, and it shall be the duty of the Judge in the order appoint- ing said Commissioners to name and so direct what num- ber of names shall be selected and placed upon said list, if more than twenty-five is deemed necessary ; that at all spe- cial terms of the court the Judge thereof shall, at the time he orders and appoints said special term, or within a reas- onable time thereafter, select jurors therefor and order them summoned, and as soon after the passage of this Act as practicable the Circuit Judge shall, in vacation prior to meeting of next regular term of the court, appoint the persons to serve as jurors to serve at the first regular term of the Circuit Court in each of the counties to which this Act applies, and to have the Sheriff summon them, and — 631 — during said term of said court the presiding Judge shall select and appoint and have summoned all persons neces- sary for jurors. Sec. 8. Bt it further enacted, That no person shall be who qualified selected and put upon said jury list as a juryman by said listbycom- Jury Commissioners, or selected by the Judges, that is not mU8i(mer8' a citizen of the State and a resident of the jurisdiction of the court wherein he is to serve as a juror, and who is not a householder or a freeholder in the county or State, or who has, by himself or through any other person, requested or asked to be appointed as a juror, and who is not a man of good moral character and reputation and of sound judg- ment and practicable sense, and possesses the qualifications now prescribed by law, except that having served on the regular panel of jurors within two years shall not dis- qualify a person to be appointed by said Commissioners, or by the Judge, and to serve as a juror when thus ap- pointed, either by the Commissioners or by the Judge, the presiding Judge may excuse from jury service any one summoned under this Act for good cause shown under oath. Sec. 9. Be it further enacted, That the grand and Q^^d petit petit juries for the term shall be selected and formed as heretofore under the law from the twenty-five jurymen first summoned under the provisions of this Act, but if other jurors be necessary to their selection and formation their names shall be taken from said list for the term and they shall be summoned for such service and their names shall be taken in rotation from the list. Sec. 10. Be it further enacted, That it shall be a mis- demeanor for the Clerk of the court or any one of said Jury Commissioners to allow any one to see the said list of jurymen so selected, except the Judge of the Court, or to give any information to any person or persons as to whose names are on said list, except as is necessarily made known in the performance of their respective duties pre- scribed herein, and any Clerk or Commissioner guilty of a violation of this provision shall be guilty of a misde- meanor. Sec. 11. Be it further enacted, That any person or officer required under the provisions of this Act to per- form or discharge any duty willfully fa%ils or neglects to perform such duty he shall be guilty of a misdemeanor and upon conviction shall be fined not less than twenty dollars and imprisoned in the county jail not exceeding — 632 — three months, the imprisonment being in the discretion of the court, and for all violations of any provisions in this Act the grand juries are given inquisitorial power, and it shall be their duty to send for witnesses and examine as to all violations of this Act and make presentments for all violations thereof. AppiieitoWar- Sec 12. Be it further enacted, That this Act shall ap- wn county, ^j fa an counties of this State having a population of sixteen thousand four hundred and ten (16,410) and less than sixteen thousand four hundred and twenty (16,420), according to the Federal Census of 1900, or that may have that number of inhabitants by any subsequent Federal Census. Sec. 13. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed; and that this Act take ef- fect from and after its passage, the public welfare requir- ing it. Passed April 6, 1905. W. K. ABEENATHY, Speaker of the House of Representatives. Approved April 11, 1905. E. EICE, Speaker of the Seriate. JOHN I. COX, Governor. CHAPTEE 292. House Bill No. 732. AN ACT to establish a special school district in Hickman County, including the town of Goodrich, and to provide for School Directors. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a special School District be established in Hickman County, including the Town of Goodrich, with the following boundaries : Beginning at what is known as the Green Briar Pond, on the Gray's Bend and Pinewood Road; thence in a western direction to Andy Whitson's house; thence con- tinuing in a western direction to Pine River, at the mouth of Bird Creek ; thence down Pine River, with its meander- ings, to Joe Andrew Hassell's; thence in a southwestern direction with the old Centerville Road to where it inter- sects the old Nashville Road; thence with the old Nash- ville Road to Alexander Coats' farm ; thence in a north- western direction to the beginning. Sec. 2. Be it further enacted, That the School Dis- trict created by the first section of this Act be known as District No. 16 in said county, and to have all the emolu- ments, rights, and privileges, and to be governed by the same laws, rules, and officers that regulate the other dis- tricts of the county, and that the County Superintendent of Hickman County is authorized and empowered to ap- point three directors for the special district created by the first section of this Act, who shall have the control and regulation of the schools in said district, and who shall serve until the next regular election of school officers, or until their successors are elected and qualified. Sec. 3. Be it further enacted, That the special School District created by the first section of this Act shall be entitled to and receive out of the funds now on hand and hereafter paid into and disbursed to the Seventh School District of said county its just and legal pro rata part of the school funds according to its scholastic population. — 634 — Sec. 4. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are here- by, repealed; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 8, 1905. W. K. ABEKNATHT, Speaker of the House of Representatives. E. RICE, Approved April 11, 1905. Speaker of the Senate. JOHX I. COX, Governor. CHAPTER 293. House Bill No. 793. A BILL to be entitled "An Act to establish a school district in Gibson County, to be known as Kenton High School District No. 32/' and to provide for the election or appointment of Directors for said district, and to define their powers, duties, etc. Section 1. Be it enacted by the General Assembly of the Slate of Tennessee^ That a School District, to be known and designated as Kenton High School District No. 32, of Gibson County, Tennessee, be established in the Tenth 'Civil District of Gibson County, with the fol- lowing lines and boundaries : Beginning at a point where the line dividing the Coun- ties of Gibson and Obion crosses Grassy Creek, running then south with the meanderings of said creek to T. M. King's southwest corner; thence east with said King's south boundary line to the corner of same in N". B. Town** ley's line; thence south with said Townsley's west line, passing said Townsley's southwest corner, and continuing south with J. D. Dodson's line to the southwest corner ; thence east with said Dodson's south line to the southeast corner ; thence north to northeast cor- ner in J. B. Birchett's line; thence east with Birchettfs south line to corner in W. D. Kerr's west line ; thence south with said Kerr's line to southwest corner; thence east with i — 635 — Kerr's south line to a point where J. H. Duran corner (?) thence south with Duran's line to southwest corner; thence east with Duran's south line to southeast corner in Tallif- fero's west line to corner, and continuing south with J. S. Duggin's west line to his southwest corner; thence east with Duggin's south line to his southeast corner, continu- ing east with E. E. Fowler's south line to a point where said line crosses Howse's Creek ; thence northeast with me- anderings of said creek to where same crosses John Tull's south line; thence east with said Tull's line to a point where said line crosses the Mobile & Ohio Railroad ; thence south with the said railroad to where same crosses Edmon- son's Creek; thence northeast with meanderings of said creek to where it flows into the county line crosses same ; thence west with said county line to the beginning. Sec. 2. Be it further enacted, That W. D. Kerr, T. M. Bogle, and R. H. Brown are hereby appointed as School . Directors for the School District created by the first sec- tion of this Act, to serve until next general election for School Directors in Gibson County, when three directors shall be elected by the people of said special School Dis- trict created by the above section, and successively there- after at every regular election for School Directors in Gibson County. Sec. 3. Be it further enacted, That the School Dis- trict created by the first section of this Act shall have all the rights, privileges, and emoluments, and be governed bv the same laws and rules that govern, control, and regu- later other School Districts in Gibson County, Tennessee. Sec. 4. Be it further enacted, That the Trustee of Gibson County be, and he is hereby, empowered and direct- ed to apportion to the district created by the first section of this Act, in proportion to the scholastic population of said district, its rate pro rata of all the school funds in his hands at the time of the passage of this Act, or that may hereafter come into his hands, under the same rules and regulations as he does to the other School Districts in Gibson County, Tennessee. Sec. 5. Be it further enacted, That upon the passage scholastic of this Act the said District Directors shall take the cen- taken! sus of th$ scholastic population within said territory in- cluded within the limits of the district created by the first section of this Act and report the same to the County Trus- tee, and upon this scholastic report apportion the school fund of the present Tenth Civil District between this dis- — 636 — trict herein created and the remainder of the Tenth Dis- trict, according to the scholastic population of the territory covered by this district, and the balance of the territory not sp covered. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are here- by, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 8, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 11, 1905. JOHN I. COX, Governor. CHAPTER 294. House Bill Xo. 536. A BILL to be entitled "An Act to amend Sub-section 7, of Sec- tion 3, of Chapter 169, of the Acts of 1903, being Act known as the general game law, passed April 3, 1903, and approved April 11, 1903, so that the same will not apply to Giles County/' Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Sub-section 7 of Section 3 of Chapter 169 of the Acts of 1903, passed April 3d, and approved April 11, 1903, known as the general game law be, and the same is hereby, repealed in so far as it affects or applies to Giles County, so that squirrels may be killed iu said county at any time and all seasons of the year. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 10, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. EICE, Approved April 11, 1905. Speaker of Che Senate. JOHX I. COX, Governor. — 637- CHAPTEK 295. House Bill No. 259. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the County Court of Ander- son County at any quarterly session he, and is hereby, permanently authorized and empowered to cause to be issued not exceeding one hundred thousand dollars ($100,- 000) of interest-bearing, coupon bonds of said county, to be signed by the Chairman or County Judge of said county, and countersigned by the County Court Clerk of said coun- ty, to be used, or the proceeds thereof, for no other purpose than to locate and build public roads in said county as herein provided. Sec. 2. Be it further enacted, That said bonds shall B^e of interest bear such rate of interest, not to exceed five per cent per annum, and mature and become due and payable at such time or times from seven to thirty years after their date, as the County Court of said county may by order de- termine. Said bonds shall be payable in lawful money of the United States. Sec. 3. Be it further enacted, That the interest on coupon*, said bonds shall be represented by coupons attached to the same, and shall be payable semi-annually at such time and place as the County Court of said county may by order determine. Sec. 4. Be it further enacted, That the proceeds of F£!j£jle^ said bonds hereby authorized shall be used and expended certain roads, in locating, grading, bedding and macadamizing the fol- lowing roads — to wit: No. 1, of said roads shall begin at the corporate limits of the Towta. of Clinton, in said county, and run a western course from said Town of Clin- ton by way of Robertsville to the corporate limits of the Town of Oliver Springs, in said county, and said Board of Commissioners of said county as provided for in this Act shall let the contract for building road No. 1, as provided for in this Act, and shall specify in said contract that said road No. 1 shall be built from the Town of Oliver Springs and from the Town of Clinton at the same time, and it is the legislative intent that said road No. 1 — 638 — shall be built from the corporate limits of Clinton and from the corporate limits of Oliver Springs at one and the same time, and said Board of Commissioners shall advertise for and let, under the provisions of this Act, two different contracts for building road number one, said contract shall specify that the work of construction of road No. 1 shall begin at the corporate limits of the Town of Oliver Springs, and one contract shall provide that said work of construction of road No. 1 shall begin at the corporate limits of the Town of Clinton, and the work of construction of said roads shall begin at both ends at one and the same time, interest not to The interest on said road bonds shall not exceed five p5roent7* (5) per cent per annum, number 2 of said roads shall begin at the corporate limits of the Town of Clinton and shall run in a northern direction by the Town of Coal Creek, to the postoffice in the Town of Briceville, in said county, and said road No. 2 shall be built from the Town of Clinton and from the Town of Briceville at one and the same time, and said Board of Commissioners shall advertise for and let two contracts, as provided for in this Act, authorizing the construction of road number 1, and it is the legislative intent that the work of construc- tion of road No. 2 shall commence and be carried on from both ends of the said road at the same time. Number 3 of said roads shall commence at the cor- porate limits of the Town of Clinton, and shall run in an eastern direction to Andersonville, in said county. Number 4 of said roads shall commence at the cor- porate limits of the Town of Clinton, and shall run in a southern direction to the Knox County line at a point as agreed upon by the County Court of Anderson County. Said roads shall be built and completed in the order herein set out. Denomina- Sec. 5. Be it further enacted, That the bonds herein tioni, etc authorized shall be executed in denominations of one hun- dred dollars to one thousand dollars as the County Court may determine and in such installments as the County Court may determine that the needs of construction de- mand, and that said bonds shall not be sold for less than par. Sec. 6. Be it further enacted. That the Board of Commissioners, hereinafter provided for, shall have full power to determine the nature and character of said road- beds, the depth and width of macadam and generally the — 639 — kind and cost of the road improvements except in so far as said court may see proper to determine same ; but said Commissioners shall have power to make all changes in the location of said roads and fix the grades of the same, which shall in no case exceed ten per cent grade. Sec. 7. Be it further enacted, That the County Court c^miMtonm of said county shall elect three Commissioners, not more by county than two of whom shall be of the same political party, and neither of whom shall be a member of said County Court, who shall be elected on account of their ability, intelli- gence, and well known integrity. Said Commissioners shall have full control and supervision of the construction of said roads, subject to the orders of said County Court in respect to all matters and powers not herein given and entrusted to said Commissioners. In the election of said Commissioners, said court shall designate from the per- sons so elected one to act as Chairman, and one to act as Secretary of said Board, and fix their respective salaries, the same to be paid out of the proceeds of said bonds, and not to exceed four hundred dollars ($400) for the Chair- man, three hundred dollars ($300) for the Secretary, and one hundred dollars ($100) for the other members of the Board, per annum, and in case of a vacancy in said Board, the Chairman of said Court or Judge shall fill the vacancy by appointing until the next term of the Quarterly Court when said court shall fill said vacancy. Sec. 8. Be it further enacted, That before said Com- CommisiJ©n«ri missioners shall enter upon the duties of their office, they shall execute bonds with good and solvent security in the penal sum of ten thousand dollars ($10,000), payable to Anderson County, and conditioned upon the honest and faithful performance of their duties' as such Commis- sioners, and shall take and subscribe to the following oath before the Clerk of said County Court (which bonds and oath shall be spread upon the record of said court) : State of Tennessee, County of Anderson. I, , oath. one of the Board of Koad Commissioners of Anderson County, do solemnly swear (or affirm) that I will faith- fully, honestly, and impartially discharge my duties as such Commissioner to the best of my skill and ability; and that I will not, directly or indirectly, be or become personally interested in any contract or contracts to be let by said Board of Commissioners or in the work to be done thereunder ; that I will in no manner favor or seek to favor any friend or injure any enemy, by any act, or — 640 — conduct of mine, in the discharge of my said duties, and that my whole purpose in all my acts to be done as such Commissioner shall be to subserve the best interests of Anderson County, so help me God. Subscribed to and sworn to, etc. Engineer may Sec. 9. Be it further enacted, That said Board of be employed. Commissioners shall have power to employ a competent civil engineer, with one assistant, if deemed necessary by them, whose compensation shall not exceed nine hundred dollars ($900) and four hundred dollars ($400), respec- tively, per annum, or at that rate for the actual time put upon said work, the same to be paid out of the proceeds of said bonds. Contract*. Sec. 10. Be it further enacted, That the said Board of Commissioners shall let all contracts for grading, con- structing, and macadamizing the roads, upon which the proceeds of said bonds are to be expended ; Provided, that no contract shall be let except after advertising for thirty days in some newspaper, and securing sealed bids there- for, and the lowest and best bid shall be accepted at the discretion of said Board; and Provided further, that no bid shall be accepted unless the party making same shall lirst give bond in an ample amount to be fixed by said Commissioners, conditioned to faithfully comply with his contract, and at no time shall more than eighty per cent of the amount due upon any contract be paid until the work upon said contract be completed and accepted in writing by a majority of said Commissioners; and Pro- vided further, that no bid shall be accepted without the unanimous consent of said Board wherein there has been no competitive bidding. Saicl Board shall have the right to reject any and all bids. open and Sec. 11. Be it further enacted, That said Board of c ange s. Qornrniss£onerg are hereby authorized and empowered to institute proceedings in the manner now provided by law in case of ordinary Koad Commissioners to open or change the location of roads, and to condemn private property and assess damages for any changes they may decide to be necessary in the location of said roads, such damages to be paid out of the proceeds of said bonds. Bookitobe Sec. 12. Be it further enacted, That it shall be the miSsionew!111" duty of said Commissioners to keep books, and enter therein all accounts and expenses incurred in the construc- tion of said roads as expended under this Act; and said books shall be open to inspection at any reasonable time — 641 — by any citizen or taxpayer of Anderson County, and they shall first audit and prove in writing all claims for work done and material furnished in the construction of said roads, and all or any item of expense payable out of the proceeds of said bonds. They shall report in writing and under oath to each quarterly term of said court the amount of work done, and obligations incurred by them, during the preceding three months, which reports shall be passed upon by said court and compared with the book of the Chairman or Judge of said court herein required to be kept, and shall be confirmed in so far as correct. Sec. 13. Be it further enacted, That the funds aris-Fwuiitobe ing from tie sale of said bonds shall at all times be kept ep *ep*M separate and distinct from the other funds of said county, and shall be paid out only upon the written orders or war- rants of the Chairman or Judge of said court drawn upon said funds, and the Chairman or Judge of said court shall keep a book, in which shall be kept alone a full account of the orders or warrants drawn upon said funds, said book to show the amount and date of each order or warrant, and the claim upon which it was paid ; also the names of the Com- missioners who shall have audited or approved the same, but no order or warrant shall be drawn by the Chairman of said court on said funds, unless the claim for which said order or warrant may be drawn, shall have been audited and approved in writing by a majority of said Commis- sioners, and unless said order or warrant shall show upon its face the claim or account on which it was drawn. And any disbursement of any part of said funds, except in strict compliance herewith, shall be illegal and void, and no credit shall be allowed therefor. Sec. 14. Be it further enacted, That said Commis- Term of oom- sioners shall be elected for a period of two years, and biennially thereafter till said roads are completed, and may hold office until their successors are elected and quali- fied; when so elected and qualified, said Commissioners shall, during the term of their office, have and exercise all the powers herein given to them for the purpose of building said roads. Sec. 15. Be it further enacted, That said bonds shall °Sg* 0?&2 not be issued, and said Commissioners shall not be vested Aot- with the powers herein conferred, unless said County Court shall first accept and comply with the terms of this Act; and Provided, that said County Court shall have the right after ten days' written notice, to remove any or 41 — 642 — all of said Commissioners, at the discretion of said Court, by a two-thirds (2-3) vote of all the Justices of said county, interest and Sec. 16. Be it further enacted, That if necessary to u°. ng un meet the interest on the bonds issued hereunder, said County Court is authorized and shall collect a special road improvement tax sufficient to pay said interest; the same to be levied upon all the property in said county, including all that within the corporation limits of any municipality in said county, and said County Court shall have the power to levy annually and collect said special road improvement tax in an amount sufficient also to es- tablish a sinking fund to meet said bonds at maturity; Provided, that the road tax now authorized by law, and which would otherwise be expended upon the roads that may be improved hereunder may be applied to meet said interest, or put into the sinking fund; and Provided further^ that the special road improvement tax hereby authorized shall not for any one year exceed in amount thirty cents on the one hundred dollars' worth of prop- erty as shown by the Tax Assessor's books of said county. Sec. 17. Be it further enacted, That the proceeds of said bonds shall be used for the purposes set out in this Act, and shall be expended for the purpose of locatlhg, grading, bedding, and macadamizing the roads herein provided for only so far as said amounts will build and construct good, substantial roads, commencing at the points herein provided. Sec. 18. Be it further enacted, That all laws or parts of lawfe in conflict herewith are hereby repealed. Sec. 19. Be it further enacted, That this Act take effect from and after its passage, the public welfare re- quiring it. Passed April 5, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 11, 1905. Speaker of the Senate. JOHN I. COX, Governor. — 643 — CHAPTER 296. House Bill No. 244. A BILL to be entitled "An Act to amend an Act passed March 26, 1903, and approved April 2, 1903, entitled 'An Act to in- corporate the Town of Springfield, Robertson County, Ten- nessee; to provide for the government and control of the same; to define the corporate limits, and the powers, and duties* of said municipal corporation, etc.; to appoint the first Board of Mayor and Aldermen, etc., of said town, prescribe their powers, duties, etc./ being Chapter 508, of the Acts of 1903, so as to eliminate a portion of Grove Street from the boundaries of said town, and change the eastern boundary line where it crosses East May Street, so as to run just west of the residence of A. M. Pike." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an Act passed March 26, 1903, and approved April 2, 1903, be, and the same is hereby, so amended as to change the boundaries of the cor- porate lines on Grove Street, in said town, so that the boundaries of the corporate lines in said town may be as follows — to-wit: Beginning at a point at J. M. Huddle- ston's southeast corner; thence west with the north boun- dary line of Grove Street to A. G. White's southeast cor- ner; thence north with his east line to Spring Street; thence west with the south side of Spring Street to A. G. White's northwest corner ; thence south with his west line to the north side of Grove Street; thence west with the north side of Grove Street to a point in said line, directly north of the northeast corner of Hill Street ; thence across Grove Street to the east boundary line of Hill Street; thence east with the south boundary line of Grove Street to a point directly opposite the beginning point; thence north across said street to the beginning corner, where Maple Street intersects with Grove Street, and change the eastern boundary line where it crosses East May Street, so as to run just west of the residence of A. M. Pike. Sec. 2. Be it further enacted, That all laws and parts of laws inconsistent with or in conflict with this Act be, — 644 - and the same are hereby, repealed; and that this Act take effect from and after its passage, the public welfare re- quiring it Passed April 8, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 11, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 297. House Bill No. 703. A BILL to be entitled "An Act to amend Senate Bill No. 155, Chapter 258, of the Acts of the General Assembly of 1903, so as to provide that in counties having a population of not less than thirty-five thousand and not more than thirty-six thousand two hundred and fifty, under the Federal Census of . 1900 and any subsequent census, all taxes remaining unpaid assessed for the year 1904, either county or State, shall not be collected by sale or distress of any property liable there- for before June 1, 1905, and providing for the sale or distress of property Jiable for such taxes after said time/* Tbu Aetap- Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 50 of Chapter 258 of the Acts of the General Assembly of 1903, being the general assessment law, be, and is hereby, so amended as to provide that in counties having a population, by the last Federal Census or by any subsequent Federal Census, or of not less than 35,000 or more than 36,250 inhabitants, that said State and county taxes, assessed for the year 1904, which remained unpaid on the first day of March, 1905, and which would, by the provisions of said Act hereby amended, at that time have gone into the hands of the Constables and Deputy Trustees for distress and sale of any property liable therefor, shall not be collected by the County Trustees of such counties by such distress and sale of any property liable therefor under the provisions of said Act before June 1, 1905, at which time all State (to ontgomery County. — 645 — and county taxes remaining unpaid in counties having such population, shall be collected by the County Trustee of said counties in the same manner as is now provided for their collection by said section of said Act; except that poll taxes for the year 1904 shall be collected as now pro- vided by law. Sbc. 2. Be it further enacted, That Section 51 of said Act be, and the same is hereby, so amended as to provide that after the first day of July, 1905, the Trustees of said counties shall advertise for sale to the highest bidder all real estate upon which taxes remain due and unpaid, or which is liable for sale for other taxes, at the courthouse door of the county on the first Monday of August follow- ing, and said advertisement shall be in the same form as is now provided by said section of the Act hereby amended except that the real estate shall be advertised for sale on the first Monday in August instead of June, and that such notices shall be inserted in some newspaper published in the county for the same time as is now required by said section of said Act, and that on the first Monday in Au- gust, 1905, if any taxes in said counties remain unpaid, the Trustee shall proceed to sell the land of each delin- quent taxpayer to pay the amount of taxes due by him, and all costs, interest, penalties, and charged thereon in the same manner as is now provided by Section 52 and the subsequent sections of the Act of which this Act is amen- datory. Sec. 3. Be it further enacted, That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 6, 1905. W. K ABEENATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. JOHN I. COX, Governor. Approved April 11, 1905. — 646 — CHAPTER 298. House Bill No. 694. AN ACT for locating and building public roads in Morgan County; to authorize the County Court to issue interest-bear- ing, coupon bonds of said county, and to provide for a Board of Commissioners to carry out the provisions of this Act. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the County Court of Morgan County at any quarterly session be, and is hereby, author- ized and empowered to issue bonds of said county, not to exceed the sum of fifty thousand ($50,000) dollars ; Pro- vided, the County Court of said county, by a vote of the majority of the Justices of the Peace comprising said court, shall vote for the issuance of said bonds. The bonds when issued shall be interestrbearing, coupon bonds, and shall be used for the purpose of laying out, establish- ing, and building public roads in said county. Sec. 2. Be it further enacted, That said bonds shall bear interest at the rate of five per cent per annum, and shall be payable in lawful money of the United States at such time or times as the County Court may designate, which time shall not be less than five nor more than thirty years. coupon* to be Sec. 3. Be it further enacted, That the interest on attached. gaj(j fo^g g^g^ ^ represented by coupons attached to the same, payable semi-annually at such time and place as the County Court of said county may designate by order. Sec. 4. Be it further enacted, That said bonds shall be executed in denominations of one hundred and one thou- sand dollars, as the County Court may determine. They shall not be sold for less than par, and the proceeds aris- ing from the sale of said bonds shall be used and expended in laying out, locating, grading, and bedding the public roads of Morgan County in the manner designated by the County Court of said county. commiMionew Sec 5. Be it further enacted, That the County Court to be elected, ^y ^^ three Commissioners, neither of whom shall be members of the County Court, they shall be elected on ac- — 647 — count of their ability, intelligence, and integrity, and shall be skilled and experienced in road building. They shall be freeholders of the County of Morgan and interested in the construction and maintenance of public roads. Said Commissioners shall have the full control and supervision of the construction of said roads. In the election of said Commissioners the court shall designate from the persons elected one to act as Chairman and one to act as Secretary of said Board, and fix the respective salaries, the same to be paid out of the proceeds of said bonds, the salary of the Chairman shall not exceed three hundred dollars per year, and that of the Secretary two hundred dollars, and that of tibe other member of the Board not to exceed one hun- dred dollars per annum. In case of a vacancy in said Board, the Chairman of said court shall fill the vacancy by appointment until the next regular term of said court, when said court shall fill said vacancy. Sec. 6. Be it further enacted, That said Commission- Bond and oath era, before entering upon the duties of said office, shall ° ° oe- execute bond with good and solvent security in such sum as the said County Court shall designate, payable to Mor- gan County, conditional upon the honest and faithful per- formance of their duties as such Commissioners, and shall subscribe to an oath before the Clerk of said County Court to faithfully, impartially, and honestly discharge their duties as such Commissioners. Sec. 7. Be it further enacted* That said Board of Commissioners shall have power to employ a skilled and competent engineer, at such salary as in their judgment they see proper, who shall be paid out of the proceeds of said bonds for the time actually employed by said Board. Sec. 8. Be it further enacted, That said Board of Lay out and Commissioners are hereby authorized and empowered to open institute proceedings in the manner now provided by law in the case of ordinary Road Commissioners to lay out, open, or change the location of roads or parts of roads, and to condemn private property and assess damages for any changes they may decide, to be necessary in the location of said roads, such damages to be paid out of the proceeds of said bonds. Sec. 9. Be it further enacted, That said Board of ^/S^JJg. Commissioners shall let contracts for grading, construct- tivebicfi! ing, and repairing all roads upon which the proceeds of said bonds are to be expended. All contracts shall be let after properly advertising the same and receiving bids in — 648 — the way and manner to be designated by the Board of Commissioners, and the lowest and best bid shall be ac- oepted at the discretion of said Board, and all contractors shall be required to give bond in ample amount, to be fixed by said Commissioners, and as much as twenty per cent upOn all contracts shall be withheld until work is com- pleted and accepted by a majority of the Commissioners. No contract shall be awarded without the unanimous con- sent of said Board where there has been no competitive bidding, i of Sec. 10. Be it further enacted, That said Board of Commissioners shall keep a record of all accounts and ex- penses made and incurred in the construction of roads or expended under this Act, and said books shall be open for inspection to any taxpayer of Morgan County ; they shall audit and approve in writing all claims for work done and material used in the construction of roads, and all other items of expense payable out of the proceeds of said bonds; they shall report in writing all claims for work done and all obligations incurred by them during the pre- ceding three months, which report shall be sworn to and filed in said court for the inspection of the court and for comparison with the Chairman's books of said court. Funds to be Sec. 11. Be it further enacted, That the funds arising kept separate from the sale of said bonds shall at all times be kept sepa- rate from the other funds of said county, and shall be paid out hy the Trustee only upon the written orders or warrants of the Chairman of said court or County Judge, drawn upon said funds, and the Chairman or Judge of said court shall keep a book in which he shall keep alone a full account of the orders or warrants drawn upon said funds. Said book to show the dates and amounts of said orders or warrants and the claim upon which it is paid, and no order or warrant shall be drawn by the Chairman of said court on said fund unless the claim for which said order or warrant may be drawn shall have been audited and approved by a majority of said Commissioners and shall show upon its face the claim on account of which it was drawn, and any disbursement of any part of said funds, except in strict compliance herewith, shall be ille- gal and void and no credit allowed thereof. TennofOom- ^ec. *2. Be it further enacted, That said Commis- mksionen. sioners shall be elected for a period of two years, and bi- ennially thereafter until said roads are completed, and may hold office until their successors are elected and quali- — 649 — fiecL Said County Court shall have the right, upon ten days' notice, to remove any or all of said Commissioners, at the discretion of the court, by a two-thirds vote of all of the Justices of the Peace of said county. Sec. 13. Be it further enacted, That said bonds, when "J***;*0* issued, shall be signed by the Chairman of the County Court or County Judge, and shall be countersigned by the County Court Clerk. That in order to meet the interest on the bonds issued hereunder the County Court is au- thorized and shall levy and collect a special road tax suf- ficient to pay the interest on said bonds, the same to be levied on all the property of said county, including all the corporate limits of any municipality in said county, and said County Court shall have the power to levy annually and collect said special road improvement tax in .amount sufficient to establish a sinking fund to meet said bonds at maturity; Provided, that the road tax now authorized by law, which would otherwise be expended upon the roads, may be applied to meet said interest or put into the sink- ing fund. The special road improvement tax hereby au- thorized shall (not) for any one year exceed thirty cents on the hundred dollars' worth of property as shown by the Assessor's books of said county. Skc. 14. Be it further enacted, That all laws in con- flict with this Act be, and the same are hereby, repealed ; and this Act take effect from and after its passage, the public welfare requiring it. Passed April 5, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. 650- CHAPTER 299. House Bill No. 455. A BILL entitled "An Act to prevent horses, mules, donkeys, cattle, sheep, goats, hogs, or other live stock from running at large In all counties of this State containing a population of not less than eleven thousand one hundred and forty and not more than eleven thousand two hundred, according to the Federal Census of 1900, or any subsequent Federal Census, and to provide a remedy for damages committed, and to pre- scribe punishment for the violation of this Act" Thu act ap- Section" 1. Be it enacted by the General Assembly of &inoock the State of Tennessee, That in all counties in this State county. having a population of not less than 11,140, and not more than 11,200, according to the Federal Census of 1900, or that may have a population of not less than 11,140 and .not more than 11,200 under any subsequent Federal Census; it shall be unlawful for any owner of any horse, mule, donkey, cattle, sheep, goat, hog, or other live stock, knowingly to permit the same to run at large within the limits of such counties within this State. . Sec. 2. Be it further enacted, That the owner of live stock mentioned or included in Section 1 of this Act shall be liable for all damage done to the property of other per- sons while any of said stock may be running at large in saiH counties. Sec. 3. Be it further enacted, That in addition to the owner's liability for the damage done by the live stock mentioned or included in Section 1 of this Act, the party damaged shall have a lien on the animal or animals doing the damage, and may enforce said lien by attendment, as landlord for rent. Sec. 4. Be it further enacted^ That any person vio- lating this Act shall be guilty of a misdemeanor, and on conviction shall be fined not less than five dollars nor more than fifteen dollars. Sec. 5. Be it further enacted* That nothing in this Act shall operate to amend or repeal the railway fence and stock law. — 651.— Sec. 6. Beit further enacted, That this Act shall take effect from and after the first day of June, 1905, the pub- lic welfare requiring it. Passed April 6, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 12, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 300. House Bill No. 736. A BILL to be entitled "An Act to amend an Act entitled 'An Act authorizing Cocke County, Tennessee, to issue bonds for the building of turnpikes, and the improvement of public roads in said county, and the maintenance of same upon an affirmative vote of the people, and regulate the same and to levy a tax and create sinking fund for the payment of same, and for the appointment and payment of Commissioners and regula- tion of same; and to provide for the violation of the pro- visions of this Act/ passed at the regular session of the Gen- eral Assembly of 1905, March 14, 1905, and approved March 20, 1905, so as to include in Section 11 the road from Stoke- ly'g Mill to Grindstars Mill." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 11 of an Act passed by the present General Assembly March 14, 1905, and ap- proved by the Governor March 20, 1905, entitled "An Act authorizing Cocke County, Tennessee, to issue bonds for the building of turnpikes and the improvement of public roads in said county, and the maintenance of same upon an affirmative vote of the people, and to regulate the same, and to levy a tax and create sinking fund for the pay- ment of same, and for the appointment and payment of Commissioners, and regulations of same, and to provide for the violation of the provisions of this Act," be so — 652 — amended as to insert after "Mooneyham Branch" the fol- lowing, "from Stokely's Mill to GrindstafFs Mill in the ©Id Fifteenth District" Seo. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 11, 1905. W. K ABERNAXHY, Speaker of the House of Representatives. E. RICE, Approved April 12, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 301. House Bill No. 718. AN ACT to change the lines between the Fifteenth and Six- teenth Districts of Greene County, so as to include the farms of certain persons named in the Act within the Fifteenth District for all purposes. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the lines between the Fif- teenth and Sixteenth Districts of Greene County, Tennes- see, be, and the same are hereby, changed so as to include the farms of John Ratliff, Geo. A. Crawford, John Bow- ser, and G. W. Smith in the Fifteenth District for all purposes. Seo. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 11, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. — 653 — CHAPTER 302. House Bill No. 857. AN ACT to be entitled "An Act to create an independent school district in Henry County; define the boundaries thereof, and provide the appointment of Directors for the same." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an independent School Dis- trict be, and the same is hereby, created in Henry County, to be known as School District No. 17, with bounds as fol- lows^-to-wit: Beginning at Blood River Church; thence west to J. I. Dale's ; thence northwest to G. H. Robinson's; thence north to Kentucky line; thence west to the Sixth Civil District line; thence south with Sixth District line to J. B. Brown's ; thence east with the Blood Eiver Creek meanderings to W. H. Morse's ; thence east and northeast with old Eighteenth and Twenty-Second District line to the beginning, the same being in the old Twenty-second District of said County of Henry. Sec. 2. Be it further enacted, That three School Di- rectors shall be appointed by the County Superintendent of Schools, as now provided by law in case of vacancy, to serve until the next regular election. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 11, 1905. W. K. ABEKNATHY, Speaker of the House of Representatives. E. RICE, Approved April 12, 1905. Speaker of the Senate. JOHN I. COX, Governor. 654- CHAPTEK 303. House Bill No. 745. AN ACT to create and establish four (4) Civil Districts in the County of Meigs, in lieu of the eight (8) districts now ex- isting, and to define the boundaries of same , - Section 1. Be it enacted by the General Assembly of the State of Tennessee, That there are hereby created and established for and within the County of Meigs, in this State, and in lieu of the eight Civil Districts therein as now laid out, four Civil Districts only. Sec 2. Be it further enacted, That the boundaries of said districts shall be as follows: First District shall be the First District as now existing; Second District shall be composed of old Second and Third Districts; Third District shall be composed of old Fourth, Fifth, and Sixth Districts ; Fourth District shall be composed of old Sev- enth and Eighth Districts. Sec 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it; Provided, that this Act shall in no way interfere with the rights and terms of office of the present Justices of the Peace and district officers of said county; and Provided further, that this Act shall in no way affect the School Districts of said county as now laid out, or that may here- after be established by the County Court of said county. Passed April 11, 1905. W. K ABEENATHY, Speaker of the House of Representatives. E. KICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. — 655 — CHAPTEK 304. House Bill No. 782. AN ACT to fix the times of holding the courts in the Fourteenth Judicial Circuit Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Circuit Courts in the Fourteenth Judicial Circuit shall, after the passage of this Act, be held as follows — to-wit: In Obion County on the first Mondays in the months of January, May, and September; in Dyer County on the first Mondays in the months of February, June, and October ; in Benton Coun- ty on the fourth Mondays in January, May, and Septem- ber ; in Lake County on the first Mondays in MarcK, July, and November ; in Weakley County on the first Mondays in the months of April, August, and December. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are here- by, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it Passed April 11, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. 656 — CHAPTER 305. House Bill No. 765. AN ACT to be entitled "An Act to change the line between the Seventeenth and Eleventh Civil Districts of Greene County, Tennessee." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Civil District line be- tween the Seventeenth and Eleventh Civil Districts of Greene County, Tennessee, be changed as follows — to-wit: Beginning at the mouth of Gap Creek, near John B. Weems' bridge; thence up Gap Creek a north course to Zion Church, via the old Bailey burying ground, includ- ing in the Seventeenth District the lands of Roy Brown, John Malone, deceased, the lands of Abe Kellar, deceased, John Johnson, Will Reed, G. A. Bailey, Dr. John Line- baugh, Bob Henard, Nathan Tucker, to where said Van Hill Road intersects with the Snapp's Ferry Road ; thence up the Snapp's Ferry Road to the line of the Sixteenth Civil District ; thence with the line of the Sixteenth Civil District to the line of the Seventeenth Civil District Sec. 2. Be it further enacted, That that part of the Eleventh Civil District included in said line be attached and become a part of the Seventeenth Civil District Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 11, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 12, 1905. Speaker of the Senate. JOHN I. COX, Governor. — 657 — CHAPTER 306. House Bill No. 716. A BILL to be entitled "An Act to protect fish in Giles County." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be unlawful for any person or persons to seine, trap, or grabble fish in any stream, lake, or pond in Giles County, without the writ- ten permission of the person or persons through whose lands the stream flows or upon whose land the lake or road is located; Provided, this Act shall not prevent seining for minnows for bait. Sec. 2. Be it further enacted, That any person or per- sons guilty of violating the provisions of Section 1 of this Act shall be deemed guilty of misdemeanor and, upon conviction, shall be fined not less than five nor more than fif tv dollars. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 11, 1905. W. K. ABEKNATHY, Speaker of the House of Representatives^ E. EICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. 42 — 658 — CHAPTER 307. House Bill No. 774. AN ACT to change the line between the Thirteenth and Four- teenth Civil Districts of Robertson County, so as to include the farm of J. A. Elliott in the Thirteenth District Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between the Thir- teenth and Fourteenth Civil Districts of Robertson Coun- ty be so changed as to include the farm of J. A. Elliott in the Thirteenth District. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 11, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 12, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 306. House Bill No. 616. AN ACT to amend Chapter 307, of the Acts of 1903, so as to correct the description of the boundary of the City of Cleve- land, and to provide for the working out of unpaid street tax in the workhouse or on the streets. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 1 of Chapter 307 of the Acts of 1903 be so amended that after the words "black- smith shop," in the fourth line from the bottom of said section, the remainder of said section shall read as fol- — 659 — lows: "Thence south with the Johnston line to the Raht corner; thence southeast with the line of the graveyard to the beginning corner, the same being the southeast cor- ner of said graveyard." Sec. 2. Be it further enacted, That in the fifth line of Section 2 of said Act the word "west" be inserted be- tween the words "limits" and "of." Sbo. 3. Be it further enacted, That the Board of Mayor and Aldermen of said city shall have power, by appropriate ordinance, to provide for the working out in the workhouse or on the streets of said city of all street taxes unpaid after the same shall become due. Sso. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 6, 1905. W. K. ABEENATHY, Speaker of the House of Representatives. E. BICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. CHAPTEB309. House Bill No. 598. A BILL* to be entitled "An Act to repeal Sub-section 7, of Sec- tion 3, of Chapter 169, of the Acts of 1903, being Act known as the general game law, passed April 3, 1903, and approved April 11, 1903, so that the same will not apply to Lincoln County and Bedford County.'1 Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Sub-section 7 of Section 3 of Chapter 169 of the Acts of 1903, passed April 3, 1903, and approved April 11, 1903, known as the General Game Law, he, and the same is hereby, repealed, in so far as it affects or applies to Lincoln County and Bedford County, so that squirrels may be killed in said counties at any time and all seasons of the year. — 66d- Seo. 2. 2?e ti further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 11, 1905. W. K. ABEENATHT, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. CHAPTER 310. House Bill No. 573. AN ACT to amend Chapter 382, of the published Acts of the State of Tennessee of 1903, being an Act to establish and define a lawful fence, consisting of four barbwire, rail, or plank, in all counties in Tennessee having a population of not less than fourteen thousand two hundred nor more than fifteen thousand Inhabitants, according to the Federal Cen- sus of 1900, or any subsequent Federal Census. ThUAotap- Section 1. Be it enacted by the General Assembly of Sheacounty. ft« State of Tennessee, That Chapter 382 of the published Acts of 1903, of the State of Tennessee, be so amended as to provide that such fence laws shall be operative and effectual in such counties as above provided as may adopt the same by a majority vote of the legal voters of such county or counties, when election is called and held ac- cording to law by the Election Commissioners of said county or counties ; Provided further, that the adoption of such law shall be submitted to the qualified voters of said county or counties on condition that the same shall be submitted at the same time of the submission of the ques- tion of the adoption of the small stock law, as provided for by Chapter 177 of the published Acts of 1903, and amend- ments thereto. The tickets shall have printed thereon, "For the four-wire, etc., fence law," for those favoring the same, and "Against the four-wire, etc., fence law," for those against the same, and the Election Commissioners shall compare the returns and declare the result as in — 661 — other legal elections, and all laws in conflict herewith are repealed. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 6, 1905. W. K. ABERNATHT, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. CHAPTER 311. House Bill No. 526. AN ACT to prohibit the running at large of live stock in coun- ties of certain population in Tennessee. Section 1. Be it enacted by the General Assembly ofTh^j^Vm the State of Tennessee, That it shall hereafter be unlaw- gjjj* ful for live stock, such as cattle, horses or mules, hogs, sheep, and goats, to run at large in counties having a popu- lation of not less than 15,750 and not more than 15,800, by the Federal Census of 1900, or any future Federal Census, and any person willfully or knowingly permitting such stock to run at large in said county or counties shall be, and is hereby, declared to be guilty of a misdemeanor and punished as provided in Section 2 of this Act. Sso. 2. Be it further ehacted, That any violation of • Section 1 of this Act shall be a misdemeanor and punish- able by a fine of not less than two dollars nor more than five dollars. Sec. 3. Be it further enacted, That any damage done by said live stock running at large in said county or coun- ties shall be, and is hereby, constituted a lien upon said live stock, and can be collected as any other lien by a writ of attachment Seo. 4. Be it further enacted, That any person or per- sons upon whose lands such live stock shall be found run- ning at large have the right to take up and confine them, — 658 CHAPTER 307. House Bill No. 774. AN ACT to change the line between the Thirteenth and Four- teenth Civil Districts of Robertson County, so a* to include the farm of J. A. Elliott in the Thirteenth District Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between the Thir- teenth and Fourteenth Civil Districts of Robertson Coun- ty be so changed as to include the farm of J. A. Elliott in lie Thirteenth District Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 11, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 12, 1905. Speaker of the Senate. JOHN I. COX, Gfovemor. CHAPTER 308. House Bill No. 616, AN ACT to amend Chapter 307, of the Acts of 1903, so as to correct the description of the boundary of the City of Cleve- land, and to provide for the working out of unpaid street tax in the workhouse or on the streets. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 1 of Chapter 307 of the Acts of 1908 be so amended that after the words "black- smith shop," in the fourth line from the bottom of said section, the remainder of said section shall read as fol- — 659 — lows: "Thence south with the Johnston line to the Baht corner; thence southeast with the line of the graveyard to the beginning corner, the same being the southeast cor- ner of said graveyard." Sec. 2. Be %t further enacted, That in the fifth line of Section 2 of said Act the word "west" be inserted be- tween the words "limits" and "of." Sbo. 3. Be it further enacted, That the Board of Mayor and Aldermen of said city shall have power, by appropriate ordinance, to provide for the working out in the workhouse or on the streets of said city of all street taxes unpaid after the same shall become due. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 6, 1905. W. K. ABEENATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. CHAPTER 309. House Bill No. 598. A BILL to be entitled "An Act to repeal Sub-section 7, of Sec- tion 3, of Chapter 169, of the Acts of 1903, being Act known as the general game law, passed April 3, 1903, and approved April 11, 1903, so that the same will not apply to Lincoln County and Bedford County.'* Section 1. Be it enacted by the General Assembly of the State of Tennessee^ That Sub-section 7 of Section 3 of Chapter 169 of the Acts of 1903, passed April 3, 1903, and approved April 11, 1903, known as the General Game Law, he, and the same is hereby, repealed, in so far as it affects or applies to Lincoln Coiinty and Bedford County, so that squirrels may be killed in said counties at any time and all seasons of the year. 650- CHAPTER 299. House Bill No. 455. A BILL entitled "An Act to prevent horses, mules, donkeys, cattle, sheep, goats, hogs, or other live stock from running at large in all counties of this State containing a population of not less than eleven thousand one hundred and forty and not more than eleven thousand two hundred, according to the Federal Census of 1900, or any subsequent Federal Census, and to provide a remedy for damages committed, and to pre- scribe punishment for the violation of this Act" This act »p- Section* 1. Be it enacted by the General Assembly of iranoock the State of Tennessee, That in all counties in this State county. having a population of not less than 11,140, and not more than 11,200, according to the Federal Census of 1900, or that may have a population of not less than 11,140 and .not more than 11,200 under any subsequent Federal Census; it shall be unlawful for any owner of any horse, mule, donkey, cattle, sheep, goat, hog, or other live stock, knowingly to permit the same to run at large within the limits of such counties within this State. . Sec. 2. Be it further enacted, That the owner of live stock mentioned or included in Section 1 of this Act shall be liable for all damage done to the property of other per- sons while any of said stock may be running at large in said counties. Sec. 3. Be it further enacted, That in addition to the owner's liability for the damage done by the live stock mentioned or included in Section 1 of this Act, the party damaged shall have a lien on the animal or animals doing the damage, and may enforce said lien by attendment, as landlord for rent. Sec. 4. Be it further enacted, That any person vio- lating this Act shall be guilty of a misdemeanor, and on conviction shall be fined not less than five dollars nor more than fifteen dollars. Sec. 5. Be it further enacted^ That nothing in this Act shall operate to amend or repeal the railway fence and stock law. — 651.— Seo. 6. Beit further enacted, That this Act shall take effect from and after the first day of June, 1905, the pub- lic welfare requiring it Passed April 6, 1905. W. K. ABEKNATHY, Speaker of the House of Representatives. E. KICE, Approved April 12, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 300. House Bill No. 736. A BILL to be entitled "An Act to amend an Act entitled 'An Act authorizing Cocke County, Tennessee, to issue bonds for the building of turnpikes, and the improvement of public roads in said county, and the maintenance of same upon an affirmative /ote of the people, and regulate the same and to levy a tax and create sinking fund for the payment of same, and for the appointment and payment of Commissioners and regula- tion of same; and to provide for the violation of the pro- visions of this Act/ passed at the regular session of the Gen- eral Assembly of 1905, March 14, 1905, and approved March 20, 1906, so as to include in Section 11 the road from Stoke- ly's Mill to Grindstaffs Mill." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 11 of an Act passed by the present General Assembly March 14, 1905, and ap- proved by the Governor March 20, 1905, entitled "An Act authorizing Cocke County, Tennessee, to issue bonds for the building of turnpikes and the improvement of public roads in said county, and the maintenance of same upon an affirmative vote of the people, and to regulate the same, and to levy a tax and create sinking fund for the pay- ment of same, and for the appointment and payment of Commissioners, and regulations of same, and to provide for the violation of the provisions of this Act," be so 666 CHAPTEK 313. House Bill No. 542. AN ACT for the protection of fish in Haywood County, Ten- nessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be unlawful for any person to catch, kill, or wound any fish in any of the streams, lakes, rivers, or ponds in Haywood County, Tennessee, by seine, trap, net, gun, grabbing with hands, gig, poison, dynamite, or in any way or by any contri- vance or device whatever, except by rod or line, or trot line, or by barrel nets with a mesh not to exceed two inches, and with wings not to exceed ten feet; Provided, first, the provision of this section shall not apply to private ponds; and, second, to minnows not exceeding four and one-half inches in length, which may be caught exclusive- ly for bait by dip net or by minnow seine, not exceeding twelve feet in length. Sec. 2. Be it further enacted, That it shall he un- lawful for any person, company, or corporation to build any dam or obstruction across any of the streams in Hay- wood County, Tennessee, or any fish gate or trap for the purpose of corralling or catching fish. Sec. 3. Be it further enacted, That any person vio- lating any of the provisions of this Act shall be deemed guilty of a misdemeanor and fined not less than fifteen dollars nor more than twenty-five dollars, except that case of wounding or destroying fish by means of poison or dynamite or any other explosive whatever, the person or persons found guilty of same shall be fined not less than twenty-five dollars nor more than one hundred dollars. Sec. 4. Be it further enacted, That all fines recovered under this Act shall be paid into the county treasury for the benefit of the common school fund. Sec. 5. Be it further enacted, That this Act shall be given in charge by the Judge of the Circuit and Criminal Court to the grand jury of each term of court, and that — 667 — the grand jury shall have inquisitorial powers to send for witnesses and make presentments for violations of this Act without prosecution. Sec, 6. Be it further enacted, That all laws and parts of laws in conflict with this Act he, and the same are here- by, repealed. . Sso. 7. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 7, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 12, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTEK 314. House Bill No. 504. AN ACT to create School District No. 15 in Macon County. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an independent School Dis- trict be established out of portions of the School Districts Nos. 2 and 5 of Macon County, Tennessee, so as to in- clude the following farms : Beginning on a stake east of Long Creek and about one-fourth of a mile north of Widow J. M. Douglas' farm, in the line between the States of Tennessee and Kentucky ; running thence south one mile to E. Payne's ; thence south five-eighths of a mile to H. D. Jent's ; thence south 45 degrees east one-half a mile to the Widow Mar- garet Lyles'; thence south 80 degrees east three-fourths of a mile to Joel Blankenship's ; thence 80 degrees east one-half mile to A. P. House's place ; thence south 85 de- grees east one mile to Rufus Driver's; thence north fif- teen degrees east three-fourths of a mile to T. P. Wheel- ey's; thence north 20 degrees east one-half mile to J- W. — 668 — Crowder'sj thence north one-fourth of a mile to the State line ; thence west with same State line three miles to the beginning. Said district will be known and numbered the Fifteenth School District of Macon County, Sec. 2. Be it further .enacted, That the election au- thorities of Macon County be, and are hereby, empow- ered and required to hold an election within said district by the qualified voters of said district on the fourth Sat- urday in April, 1905, for School Directors, to hold their office until next regular election. Sec. 3. Be it further enacted, That the Clerk of said district shall furnish to the County Superintendent of Macon County a correct statement of the number of children within said district. Seo. 4. Be it further enacted, That the County Su- perintendent shall furnish a copy of said enumeration to the Trustee of Macon County, who shall pay the moneys belonging to that portion of said county upon the order of the Directors of the district. Seo. 5. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 6, 1905. W. K. ABEENATHT, Speaker of the House of Representatives. E. BICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. — 669 — CHAPTER 815. i House Bill No. 795. AN ACT to create a special school district in Marshall County, and provide for the appointment of School Directors for the same. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a special School District be created in Marshall County with the same metes and bounds as School District No. 20 before the passage of the Act of 1903, and let it be known as School District No. 20. Seo. 2. Be it further enacted, That the following named families of Williamson County be, and are hereby, permitted to patronize said school: T. D. Haley, Ole Victory, O. K. Brittian, E. D. Tatum, T. J. Wilson, Darl Eiggs, and Jordan Biggs ; and that the families of Fayette Lytle, Doc Fulton, and J. T. Bastin, of Buther- ford County, be permitted to patronize said school. Sec. 3. Be it further enacted, That the County Su- perintendent of Marshall County shall appoint three School Directors for said School District, to serve v^til the next regular August election. Sec. 4. Be it further enacted, That in the distribu- tion of school fund of Marshall County said District No. 20 shall receive its pro rata part, and in the distri- bution of the school funds of Eutherford and Williamson Counties, that part of the school fund belonging to the children of school age of the families named in this bill shall go toward the maintenance of said School Districts, and shall be paid out on the teachers' salary upon the warrant of the School Directors of the School District. Sec. 5, Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 8, 1905. W. K ABEENATHY, ■ Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. — 670 — CHAPTER 316. House Bill No. 574. AN ACT to amend Chapter 177, of the Acts of 1903, being an Act to prohibit the running at large of hogs, sheep, and goats in counties having a population by the Federal Census of 1900, or any subsequent Federal Census, between fourteen thousand two hundred and fifteen thousand, and fixing the penalty for the violation of the same. Tbu Aot *©- Section 1. Be it enacted by the General Assembly of SonS the State of Tennessee, That Chapter 177 of the pub- lished Acts of 1903 of Tennessee be so amended as to strike out Section 2 and provide that this Act shall only apply to such counties as may adopt the same by a ma- jority vote of the legal voters of said county at a legal election held for said purpose by the Commissioners of Election ; Provided further, that the tickets used in said elections shall be in conformity of law and in such dis- trict where the Dortch law applies the ticket shall con- form thereto. The ticket shall provide for those favoring the small stock law, "for the small stock law" and those "against said law." The Election Commissioners, as in other elections, shall compare the returns and declare the result, and all laws in conflict are hereby repealed. Passed April 6, 1905. W. K ABERNATBT, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Qoveruor. — 671 — CHAPTER 317. House Bill No. 783. AN ACT to create an independent School District in the Six- teenth Civil District of Carroll County, Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an independent School Dis- trict be established in the Sixteenth Civil District of Car- roll County, Tennessee, being bounded and including in the bounds of said independent School District the fol- lowing territory — to-wit: Beginning at the residence of Mrs. V. V. Chambers, including same, that being the southeast corner of said independent School District; thence to the residence of L T. Smith, including same; thence to the residence of H. S. Massey, including same; thence to the residence of J. C. Cleaves, including same ; thence to the residence of Hugh Smith, including same ; thence to the residence of Thomas Henley, including same; thence to the resi- dence of M. C. Chandler, including same; thence to the residence of J. C. Ware, including same; thence to the residence of C. D. Cox, including same; thence to the residence of J. E. Williams, . including same; thence to the residence of W. R. Weaks, including same; thence to the residence of M. E. Stoper, including same ; thence on a direct line to the beginning, and including all parties and property within the limits of said boundaries. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 8, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. — 672 — CHAPTER 318. House Bill No. 773. AN ACT to authorize the Town of Franklin, in Williamson County, to issue bonds for the construction of waterworks, and to provide by taxation for the redemption of such bonds. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Town of Franklin, in Williamson County, be, and the same is hereby, author- ized to issue its coupon bonds to an amount not exceeding the sum of fifteen thousand dollars, in addition to such amounts as have heretofore been authorized, in such denominations as may be determined by the Mayor and Aldermen, having not less than ten nor more than thirty years to run, payable at some place to be designated by the Mayor and Board of Aldermen of said town, and bear- ing a rate of interest not greater than six per centum per annum, for the purpose of providing said town with suitable waterworks. Sec. 2. Be it further enacted, That the bonds hereby u«e of fundi. autnorize(j to \# issued shall be used exclusively in the purchase and erection of waterworks suitable for said town, so as to procure for the inhabitants thereof an ample supply of pure water, and for purchasing all grounds, rights of way, engines, mains, and supply pipes, standpipes, aqueducts, filters, machinery, apparatus, fix- tures, tools, and materials of whatever kind and charac- ter incident and necessary for the proper construction, operation, and maintenance of such waterworks. Sec. 3. Be it further enacted, That said town may use said bonds in whole or in part in payment for the construction of such waterworks in whole or in part; or it may sell said bonds in whole or in part and appropriate the proceeds to the payment of the costs of such water- works in whole or in part; Provided, that said bonds shall in no case be sold for less than par. Ar££m ttonor ^E0, ** ^e ** further enacted, That said town is ofbonS§.on hereby authorized to levy and collect an annual tax in — 673 — addition to all other municipal taxes for the purpose of paying the interest on said bonds and providing for a fund for the redemption of the bonds at maturity, or for retiring the same, if the town so elect, at the expira- tion of such times as may be fixed by the ordinance pro- viding for their issuance, and designated on the face thereof. Sec. 5. Be it further enacted, That such bonds shall fiwt held. not be issued, and a tax for the payment of the same shall not be levied or collected, except upon an election, to be first held by the qualified voters of said town, at which election the proposition to issue said bonds and levy said tax shall obtain the assent of two-thirds of the votes cast at said election. Such election shall be advertised at least twenty days prior thereto, either in some newspaper published in said town or by printed hand bills posted at different public places therein in such manner as may be provided by appropriate corporate ordinance, and shall be held as other municipal elections in said town are held; Provided, that if such proposition shall have been at any time rejected at an election for the purpose of obtaining the assent of the qualified voters thereto, said town may at any other time, after ninety days, proceed by ordinance to order another election, which shall be provided for, advertised, and held in the same manner as provided for the election in the first instance. Sec. 6. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 6, 1905. W. K. ABEKNATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. 43 — 674 — CHAPTER 319. Housb Bill No. 764. AN ACT to create an independent school district in the First Civil District of Greene County, Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an independent School Dis- trict be established in the First Civil District of Greene County, Tennessee, so as to include the following bound- ary and known as the Mt. Zion School : Beginning at a point on the south bank of Nolachuky River in the line between the lands of John Johnson and W. W. Harmon, and running thence in a southwesterly direction to a point in the forks of a road on the ridge, some fifty yards from the house of Frances Bowman; thence in nearly same course to the forks of a road just to the south of the house of Eliza White; thence in a straight line to the forks of a road near the house of Rachel Rice; thence in a westerly course to the ford of Camp Creek, near Jones' store ; thence in a northwesterly direction to the mouth of Camp Creek; thence with a line between the First and Thirteenth Civil Districts of said county to the beginning. Said district will be known and numbered as the Thirty-eighth School District of Greene County, Tennessee. Sec 2. Be it further enacted, That this Act take effeet from and after its passage, the public welfare requiring it Passed April 8, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. 675 CHAPTEK 320. House Bill No. 626. A BILL to be entitled "An Act to prevent the running at large of live stock In counties of a certain population in Tenneseee, said counties having a population of seventeen thousand seven hundred and fifty and less than seventeen thousand seven hundred and seventy, by the Federal Census of 1900, or by any subsequent Federal Census, when approved by a ma- jority of the voters of such county or counties, in an election to be held for that purpose/' Section 1. Be it enacted by the General Assembly of This Act *p- the State of Tennessee, That it shall be unlawful for live fiSygJoSiy stock of any kind to run at large in counties of the State of Tennessee having a population of not less than 17,750, nor more than 17,770, by the Federal Census of 1900 or by any subsequent Federal Census. Sec. 2. Be it further enacted, That any violation of Section 1 of this Act shall be a misdemeanor, punishable by fine of not less than one dollar nor more than twenty- five dollars. Sec. 3. Be it further enacted, That any damage done by any live stock running at large in any of said counties shall be, and is hereby, constituted a lien upon such tres- passing stock, to be enforced as other liens, by judgment at law and execution or by attachment. Sec. 4. Be it further enacted, That any person or persons who own the lands upon which any live stock may be found running at large shall have the right to take up said live stock and confine them, giving them sufficient food and attention, and that such person or persons shall be paid a reasonable amount for such food and attention, to be determined as other questions of fact are determined, and for the payment of said amount when so determined, there shall be a lien on such live stock, to be enforced as provided in Section 3 of this Act Sec. 5. Be it further enacted, That all fines collected under this Act shall be paid into the public school fund of the county in which said fines are assessed. — 676 — Sec. 6. Be it further enacted, That this Act shall take effect only in such of the above named and described counties as shall express their approval of the same at a popular election to be called and held as any regular election is held, on the 12th day of August, 1905 ; Pro- vided, that to vote in said election so called and held, it shall not be necessary to present a poll tax receipt. Said election shall be held and certified as any other regular election. Those favoring the law shall cast a ballot marked, "For the Stock Law;" those opposed to the law will cast a ballot marked, "Against the Stock Law ;" and if a majority of the votes cast in said election so called and held shall be in favor of the Stock Law, then this Act shall take effect in such county or counties expressing their approval as herein provided on the first day of January, 1906, following said election, if approved as above set out, on said 12th day of August, 1905. Passed April 5, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. CHAPTER 321. House Bill No. 248. AN ACT to repeal Sections 2 and 3, of an Act entitled "A BUI to be entitled 'An Act to amend an Act entitled ''An Act to provide for the construction, repairing, and buying of turnpike, macadamized, and graded roads, gravel roads/ " passed March 23, 1883, Chapter 167, and to amend an Act entitled 'An Act to provide for the construction, repairing, and buying of turnpikes, macadamized, and graded gravel roads/ passed April 10, 1893, Chapter 177, so as to change the rate of taxes for said purpose and for the expenditure of the same/' being Chapter 365, of the published Acts of 1903, passed April 13, 1903. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Sections 2 and 3 of an Act — 677 — passed April 13, 1903, and being Chapter 365 of the published Acts of 1903, and being an Act entitled a Bill to be entitled an Act to amend an Act entitled an Act to provide for the construction, repairing, and buying turnpike, macadamized, graded, gravel roads, passed March 23, 1883, Chapter 167, and to amend an Act en- titled an Act to provide for the construction, repairing, and buying of turnpike, macadamized and graded gravel roads, passed April 10, 1893, Chapter 177, so as to change the rate of taxes for said purpose and for the expenditure of the same, be, and hereby are, repealed. Sec. 2. Be it further enacted, That this Act take eifect from and after its passage, the public welfare requiring it. Passed April 6, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. BICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. CHAPTEK 322. House Bill No. 702. AN ACT to be entitled "An Act to establish an independent school district out of portions of the Tenth and Eleventh Ciyil Districts of Moore County, Tennessee, to be known as the Twelfth School District of Moore County, and to provide a Board of Directors for the same." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an independent School Dis- trict he, and the same is hereby, established out of por- tions of the Tenth and Eleventh Civil Districts of Moore County, Tennessee, including within said district the homes and farms of the following persons — to-wit : C. T. Anderson, Q. W. Cunningham, H. Oosley, Sarah Older, W. M. Khea, F. M. Williams, K G. Prince, M. Bates, Burl Holder, T. C. Prince, Haskell Prince, Enoch Nelson, Lucy Carter, Mary Sims, John Watkins, — 678 — Thomas Watkins, W. M. Watkins, John W. Anderson, W. M. Cobb, R S. Anthony, Wilkins Cobb, D. E. Griffin, B. M. Osborne, and J. M. Cobb. Sec. 2. Be it further enacted, That said independent School District shall be known as School District No. 12 of Moore County, and through a Board, of Directors shall exercise all the powers of a School District now "given by law. Sec. 3. Be it further enacted, That the County Su- perintendent shall appoint a Board of Directors for said district, to serve until the regular election for School Di- rectors under the present law. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 8, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. CHAPTER 323. House Bill No. 642. AN ACT to be entitled "An Act to create and establish a voting precinct in the Town of Ashland, in the Sixth Civil District, and also one in the Town of Flatwoods, in the Third Civil District of Wayne County, Tennessee, and to provide for pay- ment of officers holding elections in said precincts." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a voting precinct be created and established in the Town of Ashland in the Sixth Civil District and one in the Town of Flatwoods in the Third Civil District of Wayne County, Tennessee. Sec. 2. Be it further enacted, That the officers hold- ing elections at the precincts established by the first sec- tion of this Act shall be entitled to demand and receive the same pay from the county as the officers of other voting precincts of said county. — 679 — Sec. 3. Be it further enacted, That the precincts es- tablished by the first section of this Act shall so remain until changed by an Act of the General Assembly. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 7, 1905. W. K ABERNATHT, Speaker of the House of Representatives. E. RICE, Approved April 12, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 324. House Bill No. 737. AN ACT to amend Chapter 267, of the public Acts of 1899, en- titled "An Act incorporating the Town of Dyer, Gibson Coun- ty, Tennessee; to define the boundaries, and the taking effect of the same." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 2 of said Act be, and the same is hereby, repealed. Sec. 2. Be it further enacted, That the corporate lim- its of the Town of Dyer shall be as follows : Beginning at the southeast corner of 0. Buck's lot in East Dyer and running in a northerly direction to a stake in the Dyer and Kuly Mill Road, thirty feet west of a branch between the residences of Mrs. Ellen Jewell and Everett Hayes; thence down said branch thirty feet south of its meanderings to where it crosses the M. & O. R. R; thence in a southwesterly direction to a ravine crossing the Dyer and Yorkville Road just west of E. E. Hutchison; thence in a southeasterly direction to the southwest corner of the lot bought by T. H. Woodward from H. J. Carver ; thence east to the iron gate post set- ting south of T. H. Woodward's residence ; thence in an easterly direction to the southeast corner of Oakwood — 680 — Cemetery; thence in a northeasterly direction to the be- ginning. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are here- by, repealed. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 8, 1905. W. K. ABERNATHT, Speaker of the House of Representatives. E. RICE, Approved April 12, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 325. House Bill No. 738. AN ACT to amend an Act entitled "An Act to amend Chapter 267, of the Acts of 1899, being Chapter 256 of the Acta of 1903." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 6 of Chapter 256 of the Acts of 1903 be, and the same is hereby, repealed. Sec. 2. Be it further enacted, That the salary of the Marshal and other policemen of the Town of Dyer, in Gibson County, Tennessee, shall be regulated by ordi- nance of the Town Council of the Town of Dyer, and neither the Marshal or any other policeman shall be en- titled to any other compensation for their services ren- dered the town during his employment on the police force. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are here- by, repealed. — 681 — Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 8, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. KICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. CHAPTER 326. House Bill No. 541. AN ACT to restrict and change the corporate limits of the Town of Rogers ville, Hawkins County, Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the corporate limits of the Town of Rogersville be restricted and changed at the southwestern limits thereof as follows: That Section 19 of Chapter 315, Acts of 1903, after the words "thence north 26 degrees west 86 poles to stone on land of Mrs. J. Armstrong," at fifth and sixth lines of said section, be so changed as to read, "Thence a northwesterly direction to post at J. M. Gray's gate," so as to leave the said J. M. Gray's dwelling and most of his premises out of said corporation, instead of as it now reads — to-wit: "Thence south 55 degrees west, 75 poles to post, at west side of J. M. Gray's garden ; thence north 34 3-4 degrees west 30 poles to the northwest corner of his yard ; thence north 55 degrees east 10 poles to post near his gate." Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 8, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. KICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, i Governor, — 682 — CHAPTER 327. House Bill No. 710. AN ACT to amend Section 2, of Chapter 225, Acts 1903, passed March 18, 1903, and approved March 25, 1903, entitled "An Act to amend Section 3, Chapter 198,' Acts of 1901, entitled 'An Act to incorporate the Town of Henderson, Chester County, Tennessee, and define the rights, powers, etc., of said town."' Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 2 of said Act of 1903, Chapter 225, be, and the same is hereby, repealed. Sec. 2. Be it further enacted, That the Recorder of the Town of Henderson, Chester County, Tennessee, who, by virtue of his office, shall exercise and perform in addi- tion to his duties as Recorder the functions and duties as an Alderman. Sec. 3. Be it further enacted, That this Act take effect /rom and after its passage, the public welfare requiring it Passed April 6, 1905. W. K ABERNATHT, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. — 683 CHAPTEK 328. House Bill No. 704. A BILL, to be entitled "An Act to create and establish a school district to be known as School District No. 27, in County of Williamson; to define the boundaries thereof, and to provide a Board of Directors for said district." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a School District, to be known as School District No. 27, be created and estab- lished in the County of Williamson, bounded as follows : Beginning at the southeast corner of the John Davis farm, now owned by J. H. Akin ; running thence east to the Louisville & Nashville Bailroad track; thence north with railroad track to West Harpeth Creek; thence east with meanderings of said creek to Anderson's old mill site; thence north to the McLemore place, including same in the district ; thence north along the lane running east of said McLemore place and Lem Hood and Samuel Edgmon to the original Edgmon farm ; thence around the same so as to include it in the district; thence to the northeast corner of Snowbird Hollow, formerly owned by J. H. Hood; thence to the northeast corner of the May- berry Lane, where the same runs into the Franklin and Spring Hill Turnpike Eoad; thence west with said turn- pike road to the Coleman Lane ; thence with said lane to the Carr farm ; thence south, including the A. S. Caldwell place, and around the said farm so as to include it in the new district; thence south to the Watson place so aa to include it in the new district; thence southeast to the Tim Dodson place so as to include it in the new dis- trict ; thence north with the lane in front of said Dodson residence to the lane running eastwardly; thence along 9aid lane eastwardly to the southeast corner of John Davis farm (owned by J. H. Akin) ; thence to the be- ginning point, the southeast corner of the said John Davis farm, so as to include the same in the new School Dis- trict. Sec. 2. Be it further enacted, That K. L. Ezell, K. S. Crowles, and W. L. Hood be, and they are hereby, ere- — 684 — ated and constituted Directors of said School District No. 27, to serve as such until the next regular election for electing School Directors in Williamson County. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 6, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 12, 1905. JOHN I. COX, Governor. CHAPTER 329. House Bill No. 784. AN ACT to make it unlawful for persons to mortgage personal property when the title to same is not in the mortgagor, and to fix the punishment for the same. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be unlawful for any person or persons to knowingly mortgage personal prop- erty and obtain money or goods by reason of such mort- gage, knowing the title to such personal property is not in the mortgagor. Sec. 2. Be it further enacted, That any person guilty of a violation of the provisions of this Act shall upon conviction be guilty of a felony and punished by confine- ment in the penitentiary not less than three years nor more than ten years. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 11, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 13, 1905. JOHN I. COX, Governor. — 685 — CHAPTER 330. House Bill No. 834. A BILL to be entitled "An Act to establish a school district in the Twentieth District, in Gibson County, Tennessee, to be known and designated as Fruitland High School District No. 34, and to provide for the appointment or election of Directors for said district; and to define their powers, etc." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a School District, to be known and designated as Fruitland High School District, No. 34, of Gibson County, Tennessee, be established in Gibson County, Tennessee, with the following lines and boundaries : Beginning with the northwest corner oi? L. C. Cooper, running then south with N. M. Stewart's west boundary line to a point in Fruitland and Gibson Wells Koad; thence west with said Fruitland and Gibson Wells Koad to Bailey's northwest corner, being the corner where Bailey and Sam Dugan corner on said road; thence south to a point, the corner of the farms of Mrs. C. Dungan and H. A. Tuggle; thence east with the lane betweetf the farms of H. A. Tuggle and Ben Caldwell and Mrs. C. Dungan, to a point in H. T. Burnett's west boundary line ; thence south to the point where Mrs. K. Powell and H. T. Bur- nett corner; thence east, leaving out the farm of H. T. Burnett, to Jim Lassitor's line; thence south to said Lassitor's west line to the point where the said Lassitor and H. A. Senter corner; thence east with the line be- tween said Lassitor's farm and the farm of A. H. Senter to a point in the Humbolt Koad; thence north to S. C. Scruggs' southeast corner; running thence east so as to take in the farm of W. T. Scruggs to a point where the said W. T. Scruggs and John Lewis corner ; thence north to a point where Bob Coleman and the said Scruggs cor- ner; thence east to Bob Coleman's south boundary line to a point in N. A. Coleman's west boundary line ; thence north, taking in the farms of John Wallsmith, John Cole- man, Tom Dennis, and Oscar Wilson, to said Wilson's — 686 — northeast corner; running thence west to Oscar Wilson's north boundary line to a point on P. T. Walker's east boundary line; thence north, taking in the farm of said P. T. Walker, to a point where William Penny corners with the said P. T. Walker; thence west, taking in the farms of C. H. Fitzgerald and Finnis Sharpe, to a point where said Sharpe corners with P. S. Knox ; thence north, taking in the farm of P. S. Knox, to his northeast cor- ner ; thence west, taking in the farm of P. S. Knox and John Sharpe, to the beginning. Sec. 2. Be it further enacted, That N. M. Stewart, J. K. Campbell, and M. N. Coleman are hereby appointed as School Directors for the School District created by the first section of this Act, to serve until the next general and regular election for School Directors in Gibson Coun- ty, when three Directors shall be elected by the people of said special district, and successively thereafter at every regular election for School Directors in Gibson County. Seo. 3. Be it further enacted, That the School Dis- trict created by the first section of this Act shall have all the rights, privileges, and emoluments, and be governed by the same laws and rules that govern, control, and reg- ulate other School Districts in Gibson County, Tennessee. Sec. 4. Be it further enacted, That the Trustee of Gibson County be, and he is hereby, directed and em- powered to apportion to the district created by the first section of this Act, in proportion to the scholastic popu- lation of said district, its rate pro rata of all school funds in his hands at the time of the passage of this Act or may hereafter come into his hands under the same rules and regulations as he does to the other School Districts in Gibson County. Sec. 5. Be it further enacted, That upon the passage of this Act the said District Directors shall take the census of the scholastic population within the territory included in the above bounds, and report the same to the County Trustee, and upon this scholastic report apportion the school fund of the Twentieth District between the district created by the first section of this Act and the balance of the Twentieth District, according to the scholas- tic population of the territory covered by this district and the balance of territory not so covered. Sec. 6. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are — 687 — hereby, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 11, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 13, 1905. JOHN I. COX, Governor. CHAPTER 331. House Bill No. 837. AN ACT to authorize the Mayor and Aldermen of the Town of Springfield, Robertson County, to borrow the sum of fifteen thousand dollars, and issue their bonds therefor, for the pur- pose of improving, repairing, and extending their waterworks plant or system, and to levy and collect taxes for the payment of said bonds and the Interest thereon. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Mayor and Aldermen of the Town of Springfield, Robertson County, be, and they are hereby, authorized and empowered to borrow the sum of fifteen thousand dollars for the purpose of improving, repairing, and extending their waterworks system or plant, and to this end the said Mayor and Aldermen are hereby authorized and empowered to issue negotiabie, interest- bearing coupon bonds to the amount of said sum of fifteen thousand dollars, and to negotiate and sell the same for the purpose of raising money to improve, repair, or ex- tend their waterworks plant or system. Said bonds shall be signed by the Mayor and Recorder of said town, and the corporate seal of said town shall be fixed to each be- fore being issued. They shall be issued in such denomina- tions as said Mayor and Aldermen shall fix, and shall be payable not more than thirty years from date, or sooner, at the option of said Mayor and Aldermen of the Town of Springfield; said bonds shall be designated 'Water- works Improvement Bonds," and shall bear interest at a rate not to exceed six per cent per annum, payable semi- — 688 — annually, to be evidenced by coupons attached to each of said bonds, and said bonds shall not be sold or disposed of in any way at a less sum than dollar for dollar of their face value, inter** and Sec. 2. Be it further enacted, That while said bonds •inking fund or &n^ 0£ ^^ ftre outstanding a special tax not to exceed twenty cents on the one hundred dollars of taxable prop- erty within the corporate limits of said town and taxable under the laws of the State for municipal or corporation purposes, and to levy and collect a special privilege or license tax upon all pursuits, vocations, or business carried on within the corporate limits of said town required by the laws of the State to pay a privilege tax to the State, not exceeding the rate or amount of privilege tax on such business for State purposes for the purpose of paying the interest on said bonds as it becomes due, and to create a fund with which to pay off and retire the bonds herein authorized to be issued. Election to be $ec. 3- ^e *"' further enacted, That before said bonds fiwt held. Bnan \^ issued, the Election Commissioners of Robertson County, Tennessee, shall submit the question to the legal voters of the Town of Springfield, to ascertain the will of said voters. Said Election Commissioners shall order said election and give notice thereof according to law. At said election all persons qualified to vote for Mayor and Aldermen of said town shall be entitled to vote there- in. Those voting in favor of the issuance of said bonds shall have printed or written upon their ballots the words "For Bonds," and those opposed to the issuance of bonds shall have printed or written upon their ballots the words "Against Bonds," and if a majority of the votes cast are for bonds, then the Board of Mayor and Aldermen of the Town of Springfield shall have authority to issue said bonds under the provisions of this Act, but not oth- erwise. Seo. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 6, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 13, 1905. Speaker of the Senate. JOHN I, COX, Ghvernor. — 689- CHAPTER 332. House Bill No. 483. AN ACT to regulate the working and laying out the public roads in this State, in counties having a population not under sixty thousand and over seventy-two thousand inhabitants, by the Federal Census of 1900, or any subsequent Federal Census; to provide revenue for public road purposes, and create Boards of Public Road Supervisors in each road district in said counties, and defining their duties, fixing penalties for the violation of the provisions of this Act, and to repeal all laws in conflict with the provisions of this Act. Section 1. Be it enacted by the General Assembly of This Act jp- the State of Tennessee, That at the January term of the RtS&Sfe County Court, 1906, the County Court of each county in this State having a population of not under sixty thou- sand or over seventy-two thousand inhabitants, by the Federal Census of 1900, or any subsequent Federal Cen- sus, shall elect one Road Commissioner for each Road Dis- trict, which district shall be coextensive with the Civil Districts, who shall hold his office until the first Monday in January, 1907, at which time he shall be elected for a term of two years, and elected every two years thereafter at said January terms. The person chosen shall be a citi- zen and freeholder in the district, skilled and experienced in the business of road making, and not a member of the County Court, and shall hold his office until the first Mon- day in January, 1907, and until his successor is elected and qualified. Before entering upon his duties he shall take an oath District com- before the Clerk of the County Court for the faithful dis- Skeoath. ° charge of the same, and shall give a good, sufficient, and solvent bond for the faithful accounting of all moneys coming into his hands. As compensation he shall be en- titled to one dollar and fifty cents per day for each day's .service actually rendered, but shall not claim pay in any district for more than one hundred days' service in any °aeyear. Sec. 2. Be it further enacted, That the District Road PSS B*nd Commissioner aball have general supervisipn oyer all — 690 — public roads, bridges, and overseers in his district. It shall be his duty to give a receipt, from a stub receipt book prepared and kept for that purpose, for all moneys received by him, and turn over said moneys to the County Trustee. lie shall buy necessary tools for road working, employ teams and labor, and the same shall be paid for out of the road fund for his district. He shall not directly or indirectly employ his own team or teams to work on the public roads of his district. All payments for mate- rial, tools, labor, teams, compensation of road officials, etc., shall be made on order on the County Judge or Chair- man of the County Court, issued from a stub order book prepared and kept for that purpose, and approved by the Chairman of the Board of Public Koad Supervisors herein- after created. He shall appoint for a term of one year an overseer for each section of public road established by the Board of Public Road Supervisors in his district. Said overseer shall be a person subject to road duty, residing in the district, and shall be exempt from actual road labor. It shall be the duty of the several Road Commissioners, herein provided for, to immediately after their election and there- after as it may become necessary, make out and furnish to the Chairman of the Public Road Supervisors a certified list of all hands assigned to labor on each section of road, naming the hands by sections living within their several districts subject to road duty, and said Board shall make the same matter of record. He shall swear out warrants against all delinquent road hands within ten days after they have become delinquent before some Justice of the Peace in his district and have the road overseer and other necessary witnesses to convict the delinquent summoned. Sec. 3. Be it further enacted, That in laying out and making public roads it shall be the duty of the District Road Commissioners and overseers to avoid heavy grades and to reduce the same by cutting down sharp points or changing the direction of roads. Ditches shall be main- tained on each side of the roadbed of sufficient depth to drain the roadbed. In constructing and maintaining first and second class roads broken stone and gravel shall bo used when obtainable. He shall cause overseers to erect, place, and keep placed durable mileposts on all first and second class roads, and when necessary shall build and construct substantial footlogs or footbridges with good and sufficient hand railing. — 691 — It shall be his duty to make an annual report in each s*me- year, not later than the first day in December, to the Chair- man of the Board of Public Road Supervisors, showing the work accomplished by him during the year. These re- ports shall describe each section of the public roads in his district and state whether it is first, second, or third class road, and its condition at the time of the report. This re- port shall also show the amount of commutation money collected, from whom, and what section of road ; how col- lected, whether by suit or otherwise, and if collected by suit, from what court; and also that said funds were turned over to the County Trustee. For incompetency or neglect of duty the said Commissioners shall be removed from office by the County Court at its quarterly session or by the Judge or Chairman of the County Court out of term time on ten days' written notice. It shall be the duty of the several Road Commissioners to file an itemized sworn statement of the actual service rendered by them in discharging their official duties with the Board of Public Road Supervisors, and at the same time file with said Chairman of the Board all stub receipt and stub order books used by them during the year. It shall be the duty of said Board to investigate and approve the same if found correct. Sec. 4. Be it further enacted, That the overseers ap-DUtlei0f OYer_ pointed by tho District Road Commissioners shall serve teen- as many days as are assessed road hands without compen- sation, and for each additional day of actual service in superintending the working of roads and warning of hands lie shall receive one dollar and fifty cents per day, but shall not claim pay for more than fifty days in any one year. And he shall deliver to each hand working out his time a receipt showing the time worked, issued from a stub book prepared and kept for that purpose. He shall file an item- ized sworn statement of the actual service rendered by him with the Board of Public Road Supervisors, together with the time receipt stub book.. He shall have charge of all tools belonging to his section of road and shall take care of same and turn them over to his successor when appointed. It shall be a misdemeanor for any road overseer, having re- ceived notice in writing of his appointment, to fail or refuse to serve or to fail or refuse to faithfully and fully perform his duties as road overseer and keep his section of road in reasonable repair at all times throughout his term of office. It shall be the duty of the various road overseers — 692 — to give three days' warning to road hands, either in per- son or by written notice left at the residence or usual stop- ping place of each hand subject to road duty, stating time and place to meet to work the road. In warning hands the road overseers are authorized and empowered to ad- minister an oath to hands claiming exemption from road duty, and false swearing by any hand as to such exemp- tions is hereby declared to be perjury and a felony pun- ishable as other perjuries under existing laws; and any hand claiming any exemption shall do so at the time he is warned or at the time and place he is notified to work the road or he will be stopped from afterwards claiming said exemption, overseen to The road overseer shall report to the District Road wporL Commissioner, within three days after default, all hands failing or refusing to work public roads or commuting for the same. It shall be his duty to work the hands in per- son and not by substitute, and to place and keep up dur- able mileposts and signboards at all principal crossings. who iubieot t ®BO# "" ^e ^ further enacted, That all male residents road duty, of the counties falling within the provisions of this Act, between the ages of twenty-one and forty-five years, shall be subject to road labor, except those who have been ex- empted by the County Court for physical disabilities, the order of the court also showing exemptions from the pay- ment of poll taxes for the same cause; and in case any hand warned by the overseer shall willfully fail or refuse to perform faithfully and honestly and obedient to the order of the overseer as many days' labor on the public roads as are assessed against him he shall be guilty of a misdemeanor and subject to indictment and punished ac- cordingly; Provided, that road hands, under the provi- sions of this Act, may commute by paying to the Commis- sioner of his district on or before the day appointed for road working, seventy-five cents per day. All commuta- tion money shall be used to employ labor upon the section on which the road hands commuting have been assigned, to be paid out on order drawn on the County Judge or Chairman of the County Court. A day's work, within the meaning of this Act, shall be eight hours of actual labor on the road. All fines collected from delinquent road hands shall be placed to the credit of the road section to which delinquents were assigned for road duty. Labor upon the public roads shall be performed within the months of March, April, May, June, July, August, Sep- — 693 — tember, and October, except repairs in case of necessity, which the road overseer shall repair. The number of days' labor of hands subject to road duty shall be three days in one year. Sec. 6. Be it further eiwcted, That all county con-<^j£teto victs or prisoners confined in the county workhouse sub- ject to labor shall work upon the public roads. Sec. 7. Be it further enacted, That a Board of Public "££ "gr Road Supervisors for each Civil District be, ancLthe same vided- is hereby, created, which said Board shall consist of the District Road Commissioner, appointed by the County Court, who shall be Secretary of the Board, and one per- son in each district, appointed by the Circuit Judge of the County, which appointment shall be made as soon after the passage of this Act as practicable. Said person, ap- pointed by the Circuit Judge, shall be a resident and free- holder of the district for which he was appointed, and shall be Chairman of the Board, and shall hold his office until the first Monday in January, 1907, at which time the Circuit Judge shall make appointments of a Supervis- or for each district in the county for a term of two years, and until their successors are appointed and qualified, and all vacancies shall be filled as in the first instance. The Secretary of said Board shall keep a record of all of- ficial business transacted by the Board, including all re- ports of the District Road Commissioner and the over- seers, in a well-bound book prepared and kept for that purpose. All books and stationery used by them shall be paid for by the county out of the road funds for their re- spective districts. Their compensation shall be one dol- lar and fifty cents per day for actual service rendered, and shall be paid by the Trustee on the warrant of the County Judge. Sec. 8. Be it further enactedj That it shall be the duty Duties of Board of said Board of Public Road Supervisors to inspect the public roads of their districts and see that the same are kept in proper repair; to classify the roads in their dis- tricts into three classes, as follows : Roads of the first class shall not be more than fifty or less than twenty-four feet wide, roads of the second class shall not be more than twenty-four or less than eighteen feet wide, and roads of the third class shall not be more than eighteen feet or less than fourteen feet wide. Said Board shall lay off the public roads in their districts into sections, and number the same, beginning at number one and not to exceed ten — Bi- sections in any one district They shall assign the hands subject to road labor on each section by boundaries. In laying off said sections they shall state the points of begin- ning and ending, giving the distance and class of roads in each section, the same to be made a matter of record in a book kept by them. They shall fix the price to be allowed for a day's work on the public road with wagon and team or horse and plow, and for a day's labor of hands without wagon and team or horse and plow. Sec. 9. Be it further enacted,- That all application to AofKMS>°,iete. open, change, close, or restore to the public use any and all public roads in this State shall be made by written petition to the Commissioner of the district in which the road is located, and if said road is intended to be located in more than one district, then the petition shall be made to the Commissioners of all districts interested, and they shall act jointly. The Boad Commissioner, within ten days after the application has been filed with him, shall notify the person first named on the petition of the date at which he will be present at the beginning point men- tioned in the petition to act on the application. Five days' written notice of the date and beginning point shall be given by the petitioners to all persons having an interest in the land to be affected by the proposed change. If any such person shall be a nonresident, or his residence be un- known, then notice to his agent or attorney, if such agent or attorney resides in the county, shall be sufficient; and if there be no such agent or attorney, then notice shall be made by publication in some newspaper published in the county for four consecutive weeks, the last publication to be at least one week before the date appointed by the Road Commissioner as aforesaid. The Boad Commissioner shall attend at the appointed time and place, and if the pre- scribed notice to interested parties has been given, shall act upon the application and assess the damages, if, in his judgment, there should be any. The Boad Commissioner shall report his action in the premises to the Judge or Chairman of the County Court, and with his report shall file the orignal petition, the notice to the landowners, and the names of the material witnesses. Said report shall be filed at or before the regular monthly term coming five days after the hearing had by the Boad Commissioners, and at said term the Judge or Chairman of the County Court shall consider the whole matter and shall make and enter such order as to the opening, changing, closing, or re- — 695 — storing to the public the proposed road as the court may deem proper. Said order shall fix and adjudge the amount of damages, if any, to be paid the respective per- sons interested in the land affected by any change so or- dered, which damages shall be paid by the county out of the general funds raised for county purposes, and the Judge or Chairman shall issue his warrant or warrants accordingly.* From such order any interested party may appeal to the Circuit Court, and thence to the Supreme Court ; Pro- vided* that appeal to the Circuit Court may be perfected before the County Court Clerk on or before the first Mon- day of the month following the entry of said order. Sec. 10. Be it further enacted, That the County °tS^yuST* Courts in this State in said counties shall levy each year, to» roadi- for public road purposes, and ad valorem tax on all prop- erty of their respective counties, outside of towns, cities, and taxing districts, which levy shall not be less than ten cents or more than twenty cents on each one hundred dol- lars'worth of taxable property, and shall be collected by the County Trustee and held by him as a separate fund to be disbursed upon the order of the District Eoad Commis- sioners, approved by a majority of the Public Eoad Super- visors; said orders to be drawn upon the County Judge or Chairman of the County Court, for which said Trustee shall have compensation the same as on county and State taxes. The tax collected from this assessment from a given district shall be expended on the public roads of that district, under the supervision of the Koad District Commissioner, on such roads as may be designated by a majority of the Board of Public Eoad Supervisors, who shall direct special attention to main roads or leading thor- oughfares of the district. Any and all other road tax How expended, vhich may be collected shall be divided equitably between the road districts, and it shall be expended as provided above; Provided, that on all privileges not less than one- fourth of the entire assessment for county purposes shall he set aside by the respective County Courts for road pur- poses, and shall be apportioned equitably between the sev- eral road districts of said counties, to be expended as above designated. Sec. 11. Be it further enacted, That the Judge or Annual reports Chairman of the County Court shall make annual re- jUd£eu.nly ports to the County Court, at its January«terms, showing receipts and disbursements of all road funds, itemizing — 696 — the same by districts, and the Chairman of the Board of Public Road Supervisors, at the same time, shall submit an annual report to the court, including copies of all re- ports filed with them by the District Road Commissioners and road overseers, both reports shall be referred to and examined by the Revenue Commissioners or Finance Committee of the County Court, to be acted upon by them, and their action to be reported to the County Court. Sec. 12. Be it further enacted, That nothing in this Act shall be so construed as to affect the right of counties to construct, purchase, and maintain bridges, turnpikes, and impioved highways, and pay for the same out of the general or special county funds, as now provided by law. Sec. 13. Be it farther enacted, That the road hands, subject to labor on the public roads, shall be required to perform their labor in person and not by substitute, or commute for the same, and the road overseers shall super- intend all the work done on their sections by road hand% commutation money, or road tax money. Sec. 14. Be it further enacted, That any public road official violating any provision of this Act shall be guilty of a misdemeanor, punishable by a fine of not less than tea dollars or more than fifty dollars, at the discretion of the Judge or jury trying the case, and the grand juries of the various counties of this State, falling under the pro* visions of this Act, shall have inquisitorial powers over violations of this Act. It shall be the duty of the Chairman of the Board of Public Road Supervisors, in the district where the offense is committed, to prosecute all violations of this Act, and furnish the Attorney General and members of the grand jury the names of State witnesses. Sec. 15. Be it further enacted/ That the provisions of this Act shall not apply to counties with a population nn- county. (jer s;xty thousand or over seventy-two thousand inhabit- ants, by the Federal Census of 1900, or any subsequent Federal Census. Sec. 16. Be it further enacted, That all lkws and parts of laws in conflict with the provisions of this Act be, and the save are hereby, repealed; and that this Ac^ Hamilton — 697 — take effect from and after its passage, the public welfare requiring it. Passed April 3, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 13, 1905. JOHN I. COX, Governor. CHAPTEK 333. House Bill No. 300. AN ACT to extend the corporate limits of the City of Nashville, in Davidson County, Tennessee, and to make the corporate limits thereof coextensive with the lines and territory of the First Civil District of said county. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the corporate limits of the. City of Nashville, in Davidson County, Tennessee, be, and they are hereby, extended to and shall be coextensive with the lines and territory of the First Civil District of said county. Sec. 2. Be it further enacted, That no portion of the territory added to the City of Nashville by this Act shall, prior to the year 1915, be assessed for payment of any portion of this present indebtedness of the said Mayor and City Council of Nashville. Sec. 3. Be it further enacted, That this Act shall take effect on the first day of September, 1906, the public wel- fare requiring it Passed April 12, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 13, 1905. JOHN I. COX, Governor. 698- CIIAPTER 334. House Bill No. 411. A BILL to be entitled "An Act to provide for the protection and application of the funds arising from leases of the school lands in fractional township four, south, range five, east of the basis line, Ocoee District, Polk County, Tennessee." Whereas, The school lands, to wit: Section sixteen, fractional township four, south range five, east of the basis line, Ocoee District, Polk County, Tennessee, have been leased for mining purposes, under Chapter 44, of the Acts of the General Assembly of 1889 ; and, Whereas, The funds arising from said leases in con- nection with the common school fund of said township will be largely in excess of the amount required to main- tain said common schools ; therefore, Section 1. Be it enacted by the General Assembly of TowMhipCom-Me State of Tennessee j That the Township Commission- bufid Mhooi0 ers of said township are hereby authorized to erect not housei. exceeding two school buildings in said township for the purpose of establishing and maintaining secondary or graded schools ; Provided, however, that before erecting any new building or buildings it shall be the duty of said Commissioners to call a mass meeting of the qualified vot- ers of said township, by giving at least twenty days writ- ten or printed notice thereof in at least five public places in said township, and by publication in some newspaper published in the county. The plan, cost, and location of said building or buildings shall be submitted to said mass meeting, and if a majority of the qualified voters attend- ing said meeting shall oppose or object to either the plan, cost, or location of said building, or buildings, said Com- missioners shall not be authorized to erect the same. A record of the name of each qualified voter, voting in said meeting, and how he voted, shall be made and kept in a well-bound book provided for that purpose. Said Com- missioners are hereby authorized to properly furnish any building or buildings erected as herein provided. If any — 699 — building or buildings shall be erected the contract or con- tracts therefor shall be let to the lowest bidder, who shall give bond in double the amount of the contract price, con- ditioned for the faithful performance of the contract. Sec. 2. Be it further enacted, That said Township cong^ of Commissioners shall have full control and supervision of the township schools; Provided, that nothing herein shall be so construed as to interfere in any manner with the powers and duties of the common School Directors of the Eighth and Tenth Civil Districts of said county, or with their control of the common schools or common school funds of their district ; Provided, however, that the Town- ship Commissioners may, by arrangement with said Dis- trict Directors, permit any children of school age in parts of said districts outside of the township to attend the township schools for such length of time as they would he entitled to attend the common schools of their districts ; and Provided further, that all children of school age re- siding in said township shall have equal right to attend and receive instruction in the township schools. Sec. 3. Be it further enacted, That the Township Commissioners are hereby authorized to contribute so much of the township funds as they may deem proper to the support and maintenance of the common schools in the township. Sec. 4. Be it further enacted, That in July of each sohouutio year said Commissioners shall enumerate the scholastic oenBU8' population of said township and make return thereof to the public school authorities as provided by general law pertaining to common schools. Sec. 5. Be it further enacted, That said Commission- Teachers, era are hereby authorized to employ competent instructors and pay them out of the township funds ; Provided, that no instructor or teacher shall be employed who has not first obtained a certificate of qualification as now required by law for the common schools. Sec. 6. Be it further enacted^ That the township Funds— how funds herein authorized to be expended by the Commis- pa sioners shall be paid out by the Trustee upon the war- rant of any two of said Commissioners, and that the Trustee shall be allowed a commission of one per cent for collecting and paying out said funds. Sec. 7. Be it further enacted, That said Commission- 0™J2JjJ§iJ£_er8 ers shall keep a full and complete account of all moneys oount expended by them, showing when and to whom paid and — 700 — for what purpose. On the first day of July of each year it shall be the duty of said Commissioners to file copies of said account under oath — one with the State Superin- tendent of Public Instruction and one with the Clerk of the County Court of said county. Any citizen of said township shall have the right at any time to examine and inspect said books of accounts, and any Commissioners refusing the same shall be guilty of a misdemeanor. Sec. 8. Be it further enacted, That in case there are ^settle006" or may ^e any ius^ or legftl claims against said lands claims. of fees, costs, or judgments in litigation to protect said lands, said Commissioners are hereby authorized to settle with legal and just creditors by compromise or otherwise out of any funds arising from said leases. Sec. 9. Be it further enacted, That if at any time TBur^uii0filndi there shall be in the hands of the Trustee as much as two thousand dollars over and above the amount required for current use of the schools of said township, it shall be his duty to loan the same to some solvent bank or banks for the best interest obtainable, and if at any time there shall be as much as five thousand dollars on hand not needed for current use of the schools, it shall be the duty of said Commissioners to invest the same as a permanent school fund in bonds of the United States or of the State of Tennessee. The interest on such loans or investments shall be placed to the credit of the funds of said town- ship. Sec. 10. Be it further enacted, That this Act take effect from and after its passage, the public welfare re- quiring it. Passed April 10, 1905. W. K. ABEENATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 13, 1905. JOHN I. COX, Governor. 701 — CilAPTEK 335, House Bill No. 780. AN ACT to regulate the catching of fish in Houston County. Section 1. Be it enacted by the General Assembly of the State of Tennessee* That it shall hereafter be lawful for any bona fide citizen of Houston County to catch, cap- lure, or kill fish in any manner in said county for his own use or for the use of citizens of said county, except by dynamite or other explosive substances or seines or nets. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 11, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. KICE, Speaker of the Senate. Approved April 13, 1905. JOHN I. COX, Governor. CHAPTER 336. House Bill No. 759. AN ACT to amend Sections 3 and 5, of Chapter 308, of the Acts of 1903, incorporating the Town of Erwin. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 3 of Chapter 308 of the Acts of 1903 be, and the same is hereby, amended by omitting the word "January" and substituting "April." Sec. 2. Be it further enacted* That Section 5 o'f Chap- ter 308 of the Acts of 1903 be, and the same is hereby, — 702 — amended by inserting after the word "same" the follow- ing: "To provide for the construction and repair of side- walks and foot pavements, and if the owner or owners of any real estate shall fail to comply yith the provisions of said ordinance within such time as may be prescribed therein, the Board of Mayor and Aldermen, through any officer, or agent they may designate, may contract for the construction or repair of such sidewalks or foot pave- ments, and pay for the same, and the amount so paid shall draw interest and be a lien upon said real estate, and may be enforced by attachments at law or in equity or the amount may be recovered against said owner or own- ers by suit before any court of competent jurisdistion. To take and appropriate land for widening or improv- ing the streets or parts of streets, lanes or alleys or for laying new streets, avenues, squares, parks, promenades, or other public grounds, or for the changing of water courses when the public convenience or necessity requires it in the manner now provided by law. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 6, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 13, 1905. JOHN I. COX, Governor. CHAPTER 337. House Bill No. 305. Line between Overton and Clay Counties. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between Overton and Clay Counties be so changed as to include all the lands of A. J- Poston, Bill Smith, J. P. Maxwell, J. B. Avers, Elijah Carwile, and part of farm of Mrs. Fisk Kirk- patrick, in the Third Civil District of Overton County. — 703 — Sec. 2. Be it further enacted. That the point of be- ginning of the said new line be in the Overton and Clay County line, where said line crosses the line between Mrs. Kirkpatrick and Mrs. M. J. Abney, and running west- wardly to A. J. Poston's north line ; thence westerly with Poston's line to a stake in the west boundary line of the H. S. Maxwell's five thousand acre entry; thence south with said Maxwell line to a point where it crosses the Hutcherson's Fork of Mill Creek ; thence up said creek to the Overton County line. Sec. 3. Be it further enacted* That this Act take effect from and after its passage, the public welfare requiring it. Passed April 12, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 13, 1905. JOHN I. COX, Governor. CHAPTER 338. House Bill No. 274. AN ACT to create a Board of Jury Commissioners for counties in this State having a population of not less than 17,281 and not more than 17,300 inhabitants, according to the Federal Census of 1900, or that may have that number of inhabitants by any subsequent Federal Census, and for the selection of Juries, to prescribe the duties of the members of said Board, and of the Judges, and punish violations of this Act, to pro- vide for jury lists and jury boxes to be kept in each county affected by this Act, and to repeal all laws in conflict with this Act. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That there shall be a Board of Jury Commissioners for each county in this State having tws Act ap- a population of 17,281 and less than 17,300 inhabitants i*S?&S&- by the Federal Census of 1900 or that may have that number of inhabitants by any subsequent Federal Census, to be appointed by the Circuit and Criminal Judge, who * holds court in said county, and in case there is more than Oath of Com- miuiooera. Organization, — 704 — one Circuit Judge or a Judge holding a Criminal Court, or a Chancellor or other Judge whose duty it shall be to hold the Circuit Court or Criminal Court, then such Judges holding Circuit or Criminal Court, and if more than one Judge, by all jointly. Said Board shall consist of three discreet persons who are householders and free- holders of the county, and who are not practicing attor- neys at law or State or county officers, each of whom shall be appointed for a term of two years after the passage of this Act. All vacancies occurring in said Board, either from death, resignation, or otherwise, shall be filled in the same manner as the original appointments are made. In the event that at any time when by the provisions of this Act it shall be the duty of said Board to discharge anj of the duties hereinafter imposed, it shall appear by the affidavit of any member thereof, or by the certificate of a reputable physician, that such member is by temporary sickness or physical disability or other good and sufficient reason unable to attend and discharge such duty or duties, then said affidavit or certificate shall be filed in the office of the Circuit Court Clerk, and the two remaining mem- bers shall constitute the Board and discharge such duties. Sec. 2. Be it further enacted, That the Jury Com- missioners, before entering upon the discharge of their duties, shall take and subscribe before an officer authorized to administer oaths the following oath — namely : "I, A B , do solemnly swear (or affirm) that I will faithfully and impartially discharge the duty of Jury Commissioner for the county of (filling in name), to the best of my knowledge and ability; that I will not place the name of any person on said list, or in the jury box, whom I believe to be corrupt or unfit, or who has to my knowledge solicited that his name be placed on the jury list or in the jury box; that I will keep secret and inviolate the deliberations and counsel of the Jury Commissioners while in the discharge of their duty, unless called upon to give evidence thereof in some court of justice or other legal tribunal of this State, so help me, God." Said oath shall be spread upon the minutes of the Cir- cuit or Criminal Court, and the original preserved as a part of the records of said Commissioners. Sec. 3. Be it further enacted, That immediately after their appointment and qualification, said Jury Commis- sioners shall meet and organize by the election of their — 705 — members as Chairman, the Clerk of the Board of Jury Commissioners, and shall perform all the clerical duties required hy law. Before entering upon the performance of his duties as Clerk of said Board, he shall take and sub- scribe to an oath to faithfully discharge his duties as re- quired by law, and that he will never divulge any of the proceedings or deliberations of the Jury Commissioners, unless compelled to testify thereto in some court of this State. That oath shall be spread upon the minutes of the court and the original preserved as a part of the records of the Commission. Sec. 4. Be it further enacted, That it shall be the duty of the said Jury Commissioners to select from theJu^p^d?be tax books of the county and other sources the names of upright and intelligent men known for their integrity, their character, and sound judgment from each and every district in the county, and in the proportion to the popu- lation of said districts as near as may be, and possessing the qualifications now prescribed by law, except that serv- ice on the regular panel within two years shall not dis- qualify a person, a list of names numbering not less than one-eighth the whole number of votes cast in the county for presidential elections at the presidential election next preceding the making of said list; Provided, that said list shall not for any one county contain more than one thou- sand nor less than two hundred and fifty names. Said list shall constitute the jury list for two years from the mak- ing thereof, and shall not, during said years, be added to or taken from, except as hereinafter provided. The Cir- cuit Court Clerk of the Board shall purchase for the Board at the expense of the county a suitable and well- bound book in which to record said list. At the top of each page of said book shall be written or printed the words, "Jury Lists for County" (filling in the name of the county). Said book shall be so ruled as to leave space at the left-hand side of each page for the kept, names, and at the right-hand side for such entries as are hereinafter provided for. Preceding the list of names in said book shall be written these words : "Jury List, se- lected by the Board of Jury Commissioners for Counties, the day of (filling in the name oi county and date). Immediately following this shall be recorded the list of jurors selected, placing one name on each line, arranging the names in alphabetical order, and numbering them consecutively, beginning with number 45 — 706 — one. After each name shall be placed in parenthesis the initials of the Commissioner proposing such name, but no name shall be placed on said list except by majority vote of the Board of Commissioners. At the end of the list shall be written and signed by the Commissioners the following: "We certify that the foregoing was the jury list selected by us, the day of " (filling in the names). The Commissioners shall also report the list to the next term of the Circuit and Criminal Court as fol- lows: "To the honorable Circuit and Criminal Court of County (filling in the name of the county). We, the Jury Commissioners for said county, respectful- ly submit the following as a jury list, selected by us for the next two years, as shown by the jury book herewith viz." (here shall follow a complete copy of the list). Each of the names on said list shall be written on a slip or scroll of paper and placed in an envelope containing no mark or sign indicating the name within the envelope and then placed in a box, to be known as a Jury Box, and so labeled. Said box shall be kept securely locked and under seal, and it shall not be unlocked, or the seal broken, except by the order of, and in the presence of, the Board, and then only for the purpose of drawing therefrom the names of jurors, or making a new list as herein provided, or in open court by order of the Cir- cuit or Criminal Court for good and sufficient cause. Said LiiSiSbekeptiury k°°k s^a^ ^e kept in secret by the Clerk under lock and key, and no one shall be allowed to inspect the same, except the Clerk, the presiding Judge, and Jury Com- missioners. It shall be the duty of the Clerk of the Cir- cuit Court to record the jury list in said jury book, and to write the names or number on said slips or scroll. For these services he shall be entitled to a fee of five cents for each name on said list, to be paid by the county on the certificate of the Circuit or Criminal Judge that the services have been rendered. Sec. 5. Be it further enacted, That not less than ten Juto°be d»wn days nor more than fifteen before each regular or special from box. term of the circuit Court or Criminal Court said Board shall unlock the jury box and break the seal thereof, and after well shaking the same, cause to be drawn therefrom, in the presence of the Board, by a child under ten years of age, a number of names equal to the number of jurors, who, under existing laws, are selected by the County Court and Judge of the Circuit or Criminal Court, or the — 707 — number designated by the order of the Court, as herein- after provided, to constitute the regular panel of grand and petit jurors for such term of court In the event a name or names of a person or persons known to the Com- missioners to have died, or to have removed from the county, or to be mentally or physically disabled, shall be drawn, such name or names shall be put aside and another name or names drawn in its or their stead. When in this way a required number of names have been drawn, the slips or scrolls on which they have been written shall be placed in a sealed envelope safely kept by the Chair- man of the Board, and by him delivered in open court to the Judge in open court on the first day of the term. In the same manner all names which have been drawn, and put aside as above provided shall be kept and delivered in open court. A report shall also be prepared by the Clerk of the Board substantially as follows : "To the Hon- orable Court of County (filling Report of Com- in name of the court, whether Circuit or Criminal, and SK'KS'o? also the name of the county). We, the Jury Commission- °°urt- era for said county, respectfully report the following as the regular panel of grand and petit jurors which have been drawn according to law for the term of said court — viz. (filling in the blank before the word "term," and then copying the name drawn from the jury box.)" If any names have been drawn and put aside as above provided, there shall be added to the report sub- stantially the following: "In addition to the above there were drawn from the jury box the following names of persons known to the Board to have died or removed from the county or become mentally or physically disabled — viz. (here copying such names)." If, as hereinbefore pro- vided, any member of the Board cannot be present at said drawing, this fact shall be stated in the report, which shall be signed by the members actually present at the drawing. This report shall be delivered to the Clerk of the Circuit or Criminal Court, and by him filed in his office, and the date of such filing endorsed thereon. There- after, and at least five days before the next regular or special term of such court, the Clerk of the court shall issue to the Sheriff a writ of venire facias commanding him to summon the persons whose names are set out in said report as the jurors for said term of court, and it shall be the duty of the Sheriff to serve the same as now provided. At such regular or special term of the court the — 708 — Judge thereof shall first compare the list contained in the report filed with the Clerk with the names on the slip or scrolls delivered in open court by the Chairman of the \ Board, and if they correspond they shall constitute the I panel of grand and petit jurors for that term of the court, ' and said report shall be spread upon the minutes of the ' Grandandpetlt court. From this panel the grand and petit jurors shall madeup.°w ^ ma<*e UP as now required by law, examining each pro- posed juror to ascertain if he is qualified. In the event that by reason of the disqualification of proposed jurors or other cause the required number of jurors cannot be obtained from said panel, the Clerk of the Circuit Court shall produce in open court the jury box, and said box shall be opened and there shall be drawn therefrom in the manner provided for the original drawing, except that it shall be done in open court instead of the presence of the Board, the number of names deemed by the Judge sufficient to complete the juries. This process shall, if necessary, be continued until the grand and petit juries are completed ; Provided, it shall be the duty of the Judge of each Circuit and Criminal Court to make a rule or order of court entered on the minutes designating how many jurors shall be in attendance on each term of the court, and the number of additional or extra jurors who shall be in attendance to supply the places of such jurors as shall be disqualified in particular cases, and further direct- ing how many names shall be drawn by the Board for each term, including such number as he deems necessary to in- sure the prompt assembling of the juries. Sec. 6. Be it further enacted, That a list shall be kept VwESjurm by ^e Clerk of the Court of all persons whose names are to be replaced drawn from the jury box, but who are for any reason other than that they are not qualified, do not serve as regular jurors, and when the juries are made up an entry shall be spread upon the minutes showing a list of such per- sons, and their names shall in open court be put back into the jury box, the court ordering the box to be opened for that purpose. A list of these constituting the regular grand and petit jurors shall also be spread on the minutes, and it shall be the duty of the Clerk of the Circuit Court to enter in the space following the name of every such juror on the jury list the following words, "Regular jury," and also the date of such service on the jury. The names drawn from the jury box as herein provided shall constitute the juries for both the Circuit and Criminal Court. — 709 — 3cec. 7. Be it further enacted, That whenever the dge is satisfied that in any case a jury cannot be ob-^er^nei0*" xked from the regular panel, he may, but not earlier Jidl^when. an. three days before the case is assigned for hearing, ccse the jury box to be brought into open court, and such Lxzrber of names as he deems sufficient to obtain such jury \ye drawn therefrom, and the Sheriff shall forthwith mmon the persons whose names so drawn from the panel drawn and summoned and the regular panel, the panel tall be made up, if practicable; if not, another panel lall likewise be drawn and summoned instanter, and so i until the jury is completed, or the jury box exhausted rfore the jury is completed, the Sheriff shall summon nch. other men as may be designated by the presiding udge until the jury is completed; Provided, that in case f emergency the presiding Judge may in his discretion, rhere the regular panel has been exhausted before the Ttry is completed, furnish the Sheriff with additional lames, who shall forthwith be summoned by the Sheriff, md so on until the jury is completed. The Judge shall lot place on the list the name of any person who seeks iirectly or indirectly through another to be summoned as a. juror, and such solicitation shall operate to disqualify , laid persons for jury service. Sec. 8. Be it further enacted, That it shall be a mis- demeanor punishable by a fine of not less than $25 nor more than $50 for any person to request, or have another request, to be placed upon said jury list. The names drawn from the jury box under this section shall be care- fully preserved and returned to the jury box, whether such person serve on the jury or not, in the same manner as hereinbefore provided, with respect to names of those drawn but not serving as regular jurors. It shall not be cause for challenge of a person drawn or summoned un- der this section that he has served on a regular jury within two years, nor shall serving as regular jurors. It shall not l>e cause for challenge of a person drawn or summoned under this section that he has served on a regular jury within two years, nor shall serving on a jury under this section disqualify or excuse him from service on the regu- lar juries if his name is regularly drawn from the box thereafter. The Clerk of the court shall keep a list of all persons serving on juries; Provided, in this section and at the close of each term shall furnish the same to the Clerk of the Board, who shall enter opposite each such — 710 — name the words, "Served on special jury," together the date of such service, court may ex- SEC. 9. Be it further enacted, That the court shall have the right to excuse any person summoned as a ji who is qualified for service, except it may be made to pear by affidavit in writing, which shall be preser as a record of court, and in which it shall appear to satisfaction of the court that the state of his own he or that of his family requires his absence, or that pressing and urgent business engagement the neglect which would cause irreparable loss, or the public servic would be materially injured by the attendance, and sue details shall be given as will clearly show the reason then for to the satisfaction of the court. If excused, it shi be only for such time as the cause of excuse exists, by reason of excusing of jurors under this section it comes necessary to have additional jurors during the tc they shall be drawn and summoned, the drawing to done in open court, as provided in Section 5 of this Act! Nothing in this Act shall be construed as prohibiting i| Judge from discharging a juror for good cause to himl appearing. Seo. 10. Be it further enacted, That before the Clerkl delivers to the Sheriff or Deputies the writ for the regular j panel, or any writ for names of jurors otherwise drawn, or prepared by the presiding Judge, he shall administer an oath to the Sheriff or Deputies to keep said names secret, and instruct them to caution such jurors not to divulge the fact that they have been summoned as jurors. Sec. 11. Be it further enacted, That the jury list jury liiti- herein provided for shall be prepared as soon as prac- madebycSm- ticable after the passage of this Act. On the first Mon- miMionere. dav in Julv^ igo5? 0r as soon thereafter as practicable, and biennially thereafter, the Board shall make out a new jury list and place the names in the jury box, the names then remaining in the jury box being first removed; Provided A that if within two years the number of names remaining in the jury box shall have been reduced until there are less than one-third of the number of names on the jury list, then the Judge of the Circuit or Criminal Court shall, by an order made either at chambers or in open court, require the Board to renew the list and box as though the two years had expired. Sec. 12. Be it further enacted, That when a new juiy list is to be made the Board shall, if practicable, not put — 711 — thereon the names of those on the list for the preceding two years, who have actually served during that time as regular jurors. Sec. 13. Be it further enacted, That if for any reason ooartimg iia- the court should at any time discover that the jury box has -when, not been filled or renewed, or that the jury list has not been prepared or renewed as required by law, or the panel drawn therefrom, as required by law, or the jury box has been tampered with, the Circuit or Criminal Judge may have the right to investigate said jury box, and also the jury list, and see that this Act is duly enforced, and should it be discovered that any irregularities or frauds exist, correct them. If for any reason a legal panel is not fur- nished a Circuit or Criminal Court at any regular or special term, as provided by this Act, then the Judge of said court shall have the right to select a panel and such additional jurors as may be needed by this court during said term of court Sec. 14. Be it further enacted, That it shall be a mis- ustatobekept demeanor for any Jury Commissioner, the Clerk of the ,ecret* Court, his Deputy, or the Sheriff, or any of his Deputies, to divulge any of the secrets of said Jury Commissioners, or to notify any one what name or names constitute the panel, or any part of it for the court, or any name or names drawn from the jury box for service in any case pending in court or to fail to perform any duty imposed by this Act, and upon conviction thereof they shall pay a fine of not less than $40 and be imprisoned in the county jail not less than thirty days, one or both, in the discre- tion of the court trying the case, and shall be removed from office and be ineligible to hold any State or county office for a period of five years. It shall also be contempt of court punishable by the Circuit Court upon its own motion, or upon the petition of the District Attorney, for any Jury Commissioner, Circuit Court Clerk, or other person to open any jury box, except as herein provided, or to destroy, deface, or remove without authority such box, or to change, deface, or remove without authority ^y jury list, or to assist or connive at such acts, or for any custodian of a jury box or list to knowingly permit any such acts to be done. Sec. 15. Be it further enacted, That the Judge or court may re- Judges having the right to appoint Jury Commissioners mfulonenk have the right and authority to remove any and all of such Jury Commissioners for incompetency, failure to perform — 712 — their duties as required by law, or corruption in office, of for any other good and sufficient reason, upon giving five days* notice to said Commissioner or Commissioners of the time and place of taking action theredn and the grounds therefor, compensation Sec. 16. Be it further enacted, That said Jury Com- ■loner?.10 *" missioners shall receive two dollars each for every day's service while actually engaged in making up the jury list, to be paid from the county treasury. Sec. 17. Be it further enacted. That the book for re- cording the jury list, and also the jury box, shall be pur- chased by the Circuit Court Clerk and paid for by the county, and the Circuit Court Clerk shall be the custo- dian of such book and box, which book and box shall not be open for inspection, except to the Commissioners them- selves and the courts heretofore referred to. Sec. 18. Be it further enacted, That in the absence of fraud no irregularity with respect to the provisions of this Act shall affect the validity of the grand jury if this Act has been substantially complied with, or the validity of any verdict rendered by a trial jury, unless such ir- regularity has been specifically pointed out and exception taken thereto before the jury is sworn. Sec. 19. Be it further enacted, That the provisions of this Act will apply to all grand and petit juries in all Circuit and Criminal Courts of this State. Sec. 20. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby re- pealed. Sec. 21. Be it further enacted, That this Act take effect from and after its passage, the public welfare re- quiring it. Passed Anril 5, 1905. W. K. ABERNATHY, Speaker of the House of Representatives, E. RICE, Speaker of the Senate. Approved April 13, 1905. JOHN I. COX, Governoi'- — 713 — CHAPTER 339. House Bill No. 644. AN ACT to repeal Chapter 220 of the printed Acts of Tennessee of 1847-8, being an Act entitled "An Act to incorporate the town of Richmond, in Bedford County; to fix the time of holding the Chancery Court at Rutledge, and for other pur- poses," and to repeal all laws that amend said Act so as to repeal the charter of the Town of Richmond. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 220 of the Acts of Tennessee of 1847-8, and all laws amending said Act, be, and are hereby, repealed, and the charter of the Town of Richmond be, and is hereby, repealed. Sec 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 7, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 13, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 340. House Bill No. 467. AN ACT to authorize incorporated Board of Education of pub- lic schools in cities and taxing districts of 100,000 inhabitants or over, according to the Federal Census of 1900, or any future census, to issue bonds for certain school purposes. Section 1. Be it enacted by the General Assembly of This Act »p- tte State of Tennessee, That incorporated Board of Edu- Eyco^ifty?1' cation in cities or taxing districts of 100,000 inhabitants — 714 — or over, according to the Federal Census of 1900 or any future census, be, and the dame are hereby, invested with power and authority to issue coupon bonds to an amount not exceeding $125,000 in addition to such bonds hereto- fore issued by such bonds or any of them ; said bonds so authorized to be issued for the purpose of providing ways and means for the construction of school buildings and grounds and for improvements and repairs to school prop- erty. Sec. 2. Be it further enacted, That bonds authorized by this Act may bo issued in such denominations and made payable when it may seem to the said Board of Educa- tion best fitted to accomplish the object in view, and shall bear a rate of interest not exceeding four and one-half per cent per annum, payable in lawful money of the United States and at such place as such Boards of Edu- cation may fix and determine. Said bonds shall be in such form as may be fixed and prescribed by said Board of Education, and shall be signed with the signatures of the President and Secretary of such Boards, the interest coupons attached to such bonds bearing the engraved or lithographed signature of the President and Secretary of such Boards ; Provided, however, that said bonds shall not be sold for less than par, and no commission shall be paid for the sale of said bonds. Bonds mav be Sec. 3. Be it further enacted, That said Boards of mortgaged Education and each of them are hereby authorized and empowered to secure the payment of each and all of said bonds and coupons authorized by this Act to be issued, ratably and without preference by a mortgage or trust deed upon any and all real estate and buildings thereon; the property of said Board of Education and said mort- gages or trust deeds may contain such terms or provisions as such Board of Education or any of them so issuing said bonds may deem most expedient and best, not inconsistent with this Act. Pay interest on Sec. 4. Be it further enacted, That the Boards of Edu- cation so issuing said bonds under, this Act are given the irrepealable power and authority and are directed to pay the interest evidenced by the coupons upon said bonds as they severally mature from and out of the taxes herein- after authorized and directed to be levied and collected for this purpose, and said taxes shall be used for this specific purpose and for none other. — 715 — Sec. 6. Be it further enacted, That the Legislative rancil or other governing agencies of said cities and tax- Ctax°ior?irSs g districts are hereby given the irrepealable power and fUg ? Jn|!nk" ithority and are directed in addition to the taxes levied r them for the building of said schools, or the payment : bonds heretofore issued by said School Boards, and >w outstanding, to annually levy a tax sufficient to pay le interest on such bonds authorized to be issued by this ,ct as the same mature, and to create a sinking fund rffieient to pay the principal of said bonds at their ma- irity. Sec. 6. Be it further enacted, That the said sinking imd directed by this Act shall be held and invested by tobe^nvested. le Fire and Police Commissioners or other governing gencies of said cities and taxing districts or by their cor- orate successors either in purchasing and retiring the onds authorized to be issued by this Act or by investing aid sinking fund in other public securities as in their udgment may seem best for the safe preservation of said und until said bonds mature, when they shall use said inking fund and all accumulations thereof in payment of lie principal of said bonds. Sec. 7. Be it further enacted, That said Board of Education issuing bonds under this Act shall cause to be prepared a register of said bonds and coupons, showing their date, amount, and disposition made of same, and Hake report thereon at the time of making their general teport, for which service no compensation shall be al- lowed. Sec 8. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 7, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. KIOE, Speaker of the Senate. Approved April 13, 1905. JOHN I. COX, Governor. — 716 OHAPTEK 341. House Bill No. 848. AN ACT to create a Board of Jury Commissioners for countiel in this State haying a population of twenty-four thou nine hundred and thirty (24,930) and less than twenty-1 thousand nine hundred and nfty (24,950) inhabitants by i Federal Census of 1900, or that may have that number of I habitants by any subsequent Federal Census, and for the i lection of juries; to prescribe the duties of members of i Board and of the Judges, and punish violations of this Ac to provide for jury lists and jury boxes to be kept in county affected by this Act, and to repeal all laws in with this Act. Jury Commis- sioners to be appointed. Section 1. Be it enacted by the General Assembly TpiiesASsauPni.tt^ state °fm Tennessee, That there shall be a Board van county. Jury Commissioners for each county in this State ha a population of twenty-four thousand nine hundred thirty, and less than twenty-four thousand nine hund and fifty inhabitants by the Federal Census of 1900, that may have that number of inhabitants by any sul quent Federal Census, to be appointed by the Governoij of the State of Tennessee. Said Board shall consist of three discreet persons whoj are twenty-one years of age, citizens, householders anck Creek and running thence south seventy-eight and one-half degrees east fifty-three poles and eight links to — 742 — a stone on west side of the Hurricane Springs Road; thence with said road south thirty degrees east fourteen poles and twenty links to a stone; thence south seventy- eight and one-half degrees east thirty-three poles and three links to a stone on the west bank of a branch ; thence north forty-three and three-fourths degrees east eighty- seven poles and three links to the east side of Jackson Street, the same being the original corporation line. The territory included in the above boundaries is known as the Ogle addition to Tullahoma, Tennessee. Also the following territory so as to include the home of T. D. Teachout: Beginning at a stake in the east bank of Rock Creek about two hundred feet westward or northwestward from the "Big Spring," and being a corner in the present boundary line of the corporation of said Tullahoma; thence directly across to the west bank of said Roek Creek; thence up with the meanders of said Rock Creek about thirty poles to a stake at the forks of said creek; thence southwest thirty-two degrees and fifty poles to the east side of the old Shelbyville or Winchester Road, pass- ing nine feet northwest of the line of T. D. Teachoutfs dwelling; thence along said road about sixty-five poles, crossing the Shelbyville and Tullahoma Road, to a corner in the present corporation line, being the southeast inter- section of said roads. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 13, 1905. W. K. ABERNATHT, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 14, 1905. JOHN L COX, Governor. —743 — CHAPTER 348. House Bill No. 89. AN ACT entitled An Act to make the School Districts of Henry County legal School Districts. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That all the schoolhouses and School Districts of Henry County heretofore laid off by the County Court as School Districts, with metes and bounds, shall be legal School Districts. Sec. 2. Be it further enacted, That they shall have power to elect their own School Directors. Sec. 3. Be it further enacted, That a special election shall be had the first Saturday in July, 1905, for the purpose of electing three School Directors for each dis- trict created by this Act; Provided, that said School Di- rectors shall hold their office until general election of School Directors. Sec. 4. Be it further enacted, That if from any cause any of the Directors so elected under this Act fail or re- fuse to qualify as the law directs from ten days after his or their election as provided in this Act, or if no election be held, then the County Superintendent in the county shall have power to appoint Directors or fill vacancy or vacancies by appointment. Sec. 5. Be it further enacted, That Section 9 of the General School Law shall apply to the School Districts in this Act. Sec. 6. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 12, 1905. W. K ABERNATHT, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 14, 1905. JOHN I. COX, Governor. — 744- CHAPTER 349. House Bill No. 855. AN ACT to amend Section 1, Chapter 279, of the Acts of the General Assembly of 1901, entitled "An Act to incorporate the Town of Lebanon, in Wilson County, Tennessee, establish the boundaries thereof/' etc., so as to substitute the boundaries given below for the boundaries set out in said Act. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the corporate limits of the Town of Lebanon, Tennessee, be so extended as to include in the corporate limits of the Town of Lebanon on the following property, roads, and streets: Beginning on the Lebanon and Nashville Turnpike, Mrs. Mark's north- west corner, north forty-five degrees east one hundred and thirteen poles to a walnut in Castle Heights premises; thence north seventy-seven and one-fourth degrees east ninety-four and one-fourth links south to end of Barton's stone fence; thence north thirty-six and one-fourth de- grees east one hundred and ten poles twenty-one links to a cedar south side of Cole's Ferry Pike, ending of stone fence; thence north fifty-four and one-half degrees east eighty-four poles and nineteen links to Sander's gate in old barrel factory lot; thence south eighty-five and three-fourths degrees east forty-four poles to Hunter's Pike ; thence south eighty-seven and one-half degrees east one hundred and forty-nine poles and ten links to Harts- ville Pike ; thence south ten and one-half degrees east one hundred and thirty-three poles and fifteen links to Rome Pike ; thence south forty-nine and one-fourth degrees east one hundred and twenty-one poles and seventeen links to Trousdale Ferry Pike, end of lane west of Tom Stoke's; thence south three degrees west one hundred and seven poles and fifteen links, south thirty-nine and three-fourths degrees west thirty-seven poles and six links, south fifty- three and one-fourth degrees west fifty-six poles to center of Sparta Pike ; thence south sixty-six degrees west eighty- five poles to end of rock fence ; thence north of Tennessee Central Railroad south sixty-one and one-half degrees west one hundred and eighteen poles and fourteen links; — 745 — hence south of Woolard's house to pole yard; thence louth sixty-four degrees west one hundred and sixty-eight poles and six links to north side of cemetery ; thence north seventy-four and one-half degrees west six poles and fifteen links to center of Murfreesboro Pike ; thence north forty-two and three-fourths degrees west one hundred and forty-two poles to Tucker's Cap Eoad; thence east of Jarrett's north thirty-three and three-fourths degrees west one hundred and thirty-seven poles to a new street, west of Waggoner's residence; thence north thirty and one- half degrees west one hundred and seven poles to point west side of Mrs. Mark's lot; thence north fourteen and three-fourths degrees east twenty-eight poles to the be- ginning. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 13, 1905. W. K ABEKKTATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 14, 1905. JOHN I. COX, Governor. CHAPTEE 350. « House Bii/l No. 725. AN ACT to authorize the Mayor and City Council of Nashville to issue bonds for funds with which to acquire a site and erect and equip a new high school building. Section 1. Be it enacted by the General Assembly of fte State of Tennessee, That the Mayor and City Council of Nashville be, and is hereby, authorized to issue its cou- pon bonds in a sum not exceeding $300,000 for the pur- Pose of acquiring funds with which to acquire a site, and to erect and equip a new high school building. Sec 2. Be it further enacted, That said bonds shall mature not more than thirty years after date, shall not tear more than five per cent interest, payable semi- annually, and shall not be sold for less than par. — 746 — Sec. 3. Be it further enacted, That said bonds shall not be issued unless and until the issuance thereof shall have been approved by a majority of the qualified voters of said city, voting at a special election to be called for that purpose. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 13, 1905. W. K ABERNATHY, Speaker of the House of Representatives* E. RICE, Speaker of the Senate. Approved April 14, 1905. JOHN I. COX, Governor. CHAPTER 351. House Bill No. 661. AN ACT to amend an Act passed by the General Assembly of Tennessee, 1905, being House Bill No. 96. Section 1. Be it enacted by the General Assembly of 'pjfc^toEoine the State of Tennessee, That House Bill No. 96, being County. a km entitled "An Act to define a lawful fence in counties having a population of not less than twenty-two thousand seven hundred and thirty-eight and not more than twenty- two thousand seven hundred and fifty, by the last Federal Census, or any subsequent Federal Census," be, and the same is hereby, repealed. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 12, 1905. W. K ABERffATHY, Speaker of the House of Representatives, E. EICE, Speaker of the Senate. Approved April 14, 1905. JOHN I. COX, Governor* — 747 — CHAPTER 352. House Bill No. 915. AN ACT to prohibit and make it unlawful to sell or tipple in- toxicating liquors, beers, ale, or any drink that intoxicates, in counties in this State having a population of not less than 29,250 nor more than 29,300 under last or any subsequent Federal Census, and to prescribe penalties for violation of this Act 8ectiow 1. Be it enacted by the General Assembly of Tpiietto^Rp-- the State of Tennessee , That it shall be unlawful for any to» county, person, firm, or corporation to sell or tipple intoxicating liquors, beers, ale, or any drink that intoxicates, in this State. Sec. 2. Be it further enacted, That this Act shall only apply to counties in this State, having a population of not less than twenty-nine thousand two hundred and fifty nor more than twenty-nine thousand three hundred, by the Federal Census of 1900, or any subsequent Federal Cen- sus. Sec. 3. Be it further enacted, That any person violat- ing any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction, fined not less than fifty dollars ($50), and confined in county jail or workhouse not less than six months. Sec. 4. Be it further enacted, That the grand juries of this State shall have inquisitorial powers of the pro- visions of this Act. Sec. 5. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 13, 1905. W. K. ABERNATHT, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 14, 1905 JOHN I. COX, Governor. 748 — CHAPTEK 353. House Bill No. 648. AN ACT to amend Section 1, Chapter 39, of the Acts of 1901, entitled An Act to legalize and regulate primary elections so as to provide that election of Ward and District Committee- men shall he elected as provided for the election of all other officers under this Act, and provided that one poll list be re- turned to County Court Clerk and the other to the Govern- ing Committee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 1, of Chapter 39, of the Acts of 1901, be, and the same is hereby, amended by adding to aforesaid section : and Ward Committeemen and District Committeemen ; Provided, that one poll list shall be returned to County Court Clerk, the other to the Chairman of the Governing Committee. Sec. 2. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it Passed April 12, 1905. W. K ABERffATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 14, 1905. JOHN L COX, . Governor. CHAPTER 354. House Bill No. 762. AN ACT to create a separate School District In Smith County, Tennessee, out of parts of the Third and First School Dis- tricts of said county. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a separate school district is hereby created out of parts of the Third and First School Districts of Smith County, Tennessee, the same to include the following boundaries — to wit : The farms of — 749 — E. M. Bridgewater, 0. S. Key, E. W. Chambers, Mrs. Lucy Nunley, John Bridgewater, A. H. Baston, James Piper, Joe Baker, T. O. Key, Henry Hackett, Will Baker, P. C. Hiett, J. M. Key, Gk M. Key, Herschel Hackett, T. E. Hackett, M. D. Hackett, S. C. Bridgewater, and all citizens included within said boundaries. Seo. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 13, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. KIOE, Speaker of the Senate. Approved April 14, 1905. JOHN I. COX, Governor. CHAPTEE 355. House Bill No. 859. AN ACT to amend Chapter 291 of the Acts of the General As- sembly of the State of Tennessee, passed March 24, 1903, and approved April 3, 1903, being Senate Bill 229, which is an Act to Incorporate the Town of Dickson, in the County of Dickson, tinder the corporate name of the "Town of Dickson/' this Act being an Act to change the western boundary and limit of said Town of Dickson. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 291, of the Acts of 1903, being Senate Bill No. 229, which is an Act to incorporate the Town of Dickson, in the County of Dick- son, under the corporate name of the "Town of Dickson," be amended so as to change the western boundary and limit of said Town of Dickson, making it begin where the present north boundary line of said town intersects the east boundary line of the Dikeman place ; thence south- ward with the east boundary of the said Dikeman place to the N"., O. & St. L. Ry. ; thence diagonally across said railroad and Railroad Street to the line between Mrs. Mattie Easley and W. T. Crozer; thence south- — 750 — ward with their line to said Mrs. Easley*a south corner; thence west with their line to and across BiyU Avenue to the alley between Will Childress and 1 K Sharron; thence south with west side of Bryan Aveni to Fifth Street; thence west with the north side of Fiflfc Street to and across Freemon Avenue ; thence south with the west side of Freemon Avenue to where it intersect! the present corporation line. Sec. 2. Be it further enacted, That all laws and part* of laws in conflict with the provisions of this Act be, and the same are hereby, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it Passed April 13, 1905. W. K. ABERNATHY, Speaker of the House of Representative E. RICE, Approved April 14, 1905. Speaker of the Send*. JOHN I. COX, Gfovernor. CHAPTER 356. House Bill No. 1000. AN ACT to create a special School District in the Ninth and Nineteenth Civil Districts of Blount County, and to provide for Directors and government of same. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a special school district be, and the same is hereby, created out of a part of the Ninth and Nineteenth Civil Districts, covering the Town of Maryville, and bounded as follows : On two sides by W parallel lines, each one mile from the Main street in Mary- ville, and parallel to the same ; and on the other two sides by two lines, each one mile from the courthouse, and run* ning at right angles to the two lines running parallel with Main Street as above shown. Sec. 2. Be it further enacted, That the Directors of the Ninth and Nineteenth School Districts be, and the same are hereby, directed and empowered to pay over to — 751 — le Directors of the special school district created by this ict, in proportion to the scholastic population of said spe- ial district, its pro rata of all school funds in their hands t the time of the passage of this Act. Seo. 3. Be it further enacted, That the County Su- erintendent of Public Instruction for Blount County is ereby authorized and directed to number said special chool district and to appoint three Directors for same to erve until the next regular election for School Directors, rhen three Directors shall be elected by the people of aid special district in the manner now provided by law, ind said special school district shall be entitled to the same awful privileges, immunities, and rights of other school Bstricts, and be subject to the same rules, regulations, and restrictions. Sec. 4. Be it further enacted, That all laws and parts rf laws in conflict with this Act be, and the same are hereby, repealed ; and this Act take effect from and after its passage, the public welfare requiring it Passed April 13, 1905. W. K. ABEKNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. . Approved April 14, 1905. JOHN I. COX, Governor. CHAPTER 357. House Bill No. 369. *N ACT to extend the limits of Newborn, amending its charter. Section 1. Be it enacted by the General Assembly of we State of Tennessee, That Chapter 450, of the Acts ^1901, entitled "An Act to incorporate the town of New- kn*, in Dyer County," etc., and the amendment thereto, passed by the present General Assembly, being House Bill No. , and passed January , 1905, be, and the *?« is so, amended as to extend the corporate limits of the 8aid town in the following manner — to wit : Beginning at — 752 — a stake in the west side of Sharp's Ferry Road, it beicg a present northeast corner of said corporation, made so by the aforesaid amendment to the charter of the said town; thence east to a stake in a line with the west line of the Dr. R. N. Fryer land; thence south with his west line to the northwest corner of the J. H. Scobey lot; thence east with his north line to his northeast corner; thence south with his east line to a stake in the south side of the Newborn and Yorkville Road; thence east with the said road to a stake in a line with Mrs. Mollie Weakley's east line; thence south to and on with Mrs. Mollie Weakle/i east line to her southeast corner; thence east to a stake in a line with the west line of the J. N. Wyatt home place; thence south to and with the west line of the said J. ~S- Wyatt place to a stake sixteen poles south of his north- west corner ; thence west to B. W. Oliver's east line ; thence south twelve poles to a stake in his east line ; thence west to A. J. Radford's east line; thence south sixteen poles to a stake ; thence west to a stake twelve poles east of Miss Eva Davis' east line; thence south to a stake in J. L. Wilt's north line; thence west to a stake in the old cor- poration line at the southeast corner of the Fairveiw Ceme- tery. Sec. 2. Be it further enacted, That all residents and property owners in the territory added to the Town of Newbern by this Act shall have the municipal privileges and be liable for municipal taxes for the current year, 1905. For the portion of year unexpired after the pass- age of this Act. Sec. 3. Be it further enacted. That this Act shall take effect from and after its passage, the public welfare requiring it. Passed April 13, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 14, 1905. JOHN I. COX, Governor- — 758 — CHAPTEE 358. Senate Bill No. 367. AN ACT to amend Paragraph 1, Section 1, of an Act entitled "An Act to provide for the organization of corporations/' passed March 19, 1875, approved March 23, 1875, and being Chapter 142, of the Acts of 1875, by inserting the words "and maintaining" after the word "building" in said paragraph, and by inserting the words "parsonages, schools, hospitals, and such other religious, educational, or benevolent institu- tions as may be necessary or proper to the work of mission- ary bodies in the United States or in any foreign country" after the word 'church" in said paragraph, and to give to existing corporations incorporated under said Section 1, Paragraph 1, the benefit of said amendments. Section 1. Be it enacted by the General Assembly of '^ffSSSnt i the State of Tennessee^ That Paragraph 1, of Section 1, gseotion of an Act entitled An Act to provide for the organization non'»code. of corporations," passed March 19, 1875, approved March 23, 1875, and being Chapter 142, of Acts of 1875, be so amended as to read as follows : "The support of public worship, the building and main- tenance of churches, parsonages, schools, hospitals, chapels, and such other religious, educational, or benevolent in- stitutions as may be necessary or proper to the work of missionary bodies in the United States, or in any foreign country, and the maintenance of all missionary under- takings." Sec- 2. Be it further enacted, That any religious as- sociation heretofore incorporated under- said Section 1, of Chapter 142, of the Acts of 1875, and now in existence, shall have and enjoy the power to do and enjoy all those things enumerated in said paragraph, as amended, upon the acceptance of said amendments by proper resolution. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 7, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHT, Speaker of the House of Representatives. Approved April 13, 1905. JOHN I. COX, Governor. 48 — 754 — CHAPTEK 359. Senate Bill No. 358. AN ACT to be entitled An Act to create a Criminal Court for the Counties of Anderson, Campbell, Morgan, Scott, Pickett, Fentress, and Union, to be known as the Criminal Court for the Second Judicial Circuit of Tennessee; and to fix the times of holding the Criminal Court in said counties, and to provide for the appointment of a Judge to hold said Crimi- nal Courts in said counties, and to fix his salary and provide for the payment thereof; and to provide for the Judge of the Criminal Court to hold the Circuit Courts in the counties of Morgan, Scott, Fentress, and Union Counties, and to provide that the Criminal Court shall cease to exist on September 1, 1906; and to amend an Act entitled an Act to divide the State of Tennessee into Judicial Circuits and Chancery Divi- sions, and to provide for the administration of Justice and equity in the Circuit and Chancery and other inferior courts, and to fix the times for holding the terms of said Chancery, Circuit, and other courts, being Chapter 427 of the Acts of 1899, so as to provide that the Judge of the Second Circuit shall hold the Chancery Court of Jefferson County, and the Judge of said Criminal Court shall hold the Chancery Court of Scott County, and to repeal all laws and parts of laws in conflict with this Act Section 1. Be it enacted by tlie General Assembly of the State of Tennessee, That a Criminal Court is hereby created and established for the Counties of Anderson, Campbell, Morgan, Scott, Fentress, Pickett, and Union, to be known as the Criminal Court for the Second Judicial Circuit of- Tennessee. Sec. 2. Be it further enacted, That said Criminal Court shall have general common law and statutory juris- diction, original and appellate, over all criminal cases arising in said counties, to the same extent as is now, or hereafter may be conferred upon the Circuit and Crimi- nal Courts of this State under the common law or the statutes. Sec. 3. Be it further enacted, That the times of hold- ing the Criminal Courts in said counties shall be as fol- lows: Anderson County, second Mondays in January, May, and September. Campbell County, third Mondays in March, July, and November. — 755 — Morgan County, third Mondays in April, August, and December. Scott County, third Mondays in February, June, and October. Union County, first Mondays in March, July, and No- vember, Fentress County, fourth Mondays in April, * August, and December. Pickett County, second Mondays in February, June, and October. Sec 4. Be it further enacted. That the Circuit Court Clerks of the several counties herein named shall be the Clerks of said Criminal Court, and they shall perform the same duties and receive the same compensation as now provided by law. Sec. 5. Be it further enacted, That the Attorney General of the Second Judicial Circuit shall perform the duties of Attorney General in the Criminal Court in the counties herein named, except in Pickett County; and in Pickett County the duties .of the Attorney General shall be performed by the Attorney General of the Fifth Judi- cial Circuit Sec. 6. Be it further enacted, That immediately upon the passage of this Act, or as soon thereafter as practica- ble, the Governor shall appoint a Judge of said Criminal Court created by this Act, who shall possess the same qualifications and be clothed with the same powers and jurisdiction as are now provided by law for Judges in this State, and whose salary shall be the same, and paid in like manner by the State, as that of other Criminal and Circuit Judges of the State ; and who shall hold said office until September 1, 1906. Sec. 7. Be it further enacted. That the Criminal Court created and established by this Act shall exist and continue until the first day of September, 1906, when said Criminal Court shall cease to exist and be abolished ; and after which time the Criminal jurisdiction vested by this Act in said Criminal Court aforesaid shall again vest in and be exercised by the Circuit Courts of said counties. Sec 8. Be it further enacted, That the Judge of the Criminal Court created by this Act shall hold the Cir- cuit Courts in the Counties of Morgan, Scott, Fentress, Pickett, and Union, at such times as is now or may here- after be provided by law. — 756- Sec. 9. Be it further enacted, That the Judge of the Second Circuit of this State shall, from and after the pas- sage of this Act, hold the Chancery Court of Jefferson County, and the Judge of the Criminal Court created oy this Act shall hold the Chancery Court of Scott County during the time that this Act is in effect Sec. 10. Be it further enacted, That all bonds and recognizances, heretofore or hereafter taken, and all proc- ess heretofore or hereafter issued, shall be made return- able to the times and places fixed by law for holding the courts in the several counties herein named. Sec. 11. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed in so far as they conflict with this Act, but no further or otherwise. Sec. 12. Be it further enacted, That thi& Act take effect from and after its passage, the public welfare requiring it. Passed April 11, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHT, Speaker of the House of Representatives. Approved April 14, 1905. JOHN I. COX, Governor. CHAPTER 360. Senate Bill No. 156. AN ACT to amend "An Act relative to recognizances, stipula- tions, bonds, and undertakings, and to allow certain corpor- ators to be accepted as surety thereon," being Chapter 176, of the Acts of 1895, approved May 14, 1895. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 9 of the said Act of 1895, Chapter 175, be amended by striking out the sec- ond paragraph of said section and substituting the fol- lowing : "The said deposit shall be held by the Treasurer as security for any liability incurred by the cofnpany mak- ing said deposit by reason of the breach of any bond or — 757 — obligation referred to in this Act; Provided, however. that said surety company organized under the laws of any other State or government, and having a general de- posit in some State of the United States of a sum not less than $100,000, consisting of lawful money of the United States, or of an equal amount in the bonds of the United States, or of any State, the value of which shall be at or above par, as security for any liability in- curred under this Act, shall be required to keep on de- posit only the sum of $25,000 in the State, consisting of lawful money of the United States, or an equal amount in the bonds of the United States, or of the State cf Tennessee ; Provided further, that no deposit in this State shall be required of any company organized under the laws of any other State or government, which has an actual paid up cash capital of $300,000, of which at least $200,000 shall be invested in the bonds of the United States, or other good securities, to be itemized and certi- fied as such by the Insurance Commissioner of the State in which said sum is deposited, reckoning same at their current market value, and to be approved by the Insur- ance Commissioner of Tennessee, which $200,000 shall be deposited with and held by same Insurance Commis- sioner or other proper officer of some State of the United States as security for the protection of all policyholders and creditors in the United States; Provided further, that said surety company organized under the laws of any other State government, and having such general de- posit, shall file with the Treasurer of this State a certifi- cate from the officer of the State with whom said general deposit has been made, showing that the said company has deposited with the said officer the sums required in the lawful money of the United States, or an equal amount in the securities above provided for, for the benefit of all liabilities of said company in any or all States." Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed March 28, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved April 12, 1905. JOHN I. COX, Governor. — 758 — CHAPTER 361. Senate Bill No. 545. AN ACT to amend the charter of the Town of Dyer, Gibson County, Tennessee, so as to empower the said city to issue bondB. not to exceed five thousand dollars, for general school purposes. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the charter of the Town of Dyer be, and the same is hereby, so amended as to give the Town Council the power to issue and sell city bonds not to exceed the sum of five thousand dollars for the purpose of adding to the school building, equipping same with furniture and apparatus, seats, and in any other way deemed proper by the School Board to advance the interests of the school in Dyer, "West Tennessee Col- lege." Sec. 2. Be it further enacted. That the bonds hereby and herein provided for may be issued at any time under this Act, but the Board of Mayor and Aldermen shall, before issuing same, order an election held and permit the qualified voters of said Town of Dyer to accept or reject the proposition of issuing same. Said election shall be advertised by printed hand bills posted in public places in said town for twenty days before said election, and if a majority of the votes at said election be in favor of the issue of said bonds, then they shall be issued accordingly. Sec. 3. Be it further enacted, That the said bonds shall not be sold at less than par and shall bear a rate of interest not greater than six per cent per annum, and shall be redeemable by the city at its option after five years, and shall not run for a longer period than fifteen years. Sec. 4. Be it further enacted, That the denomina- tion or size of said bonds and the amount to be issued and sold at any one time may be determined by the Town Council, and the same may be issued and sold un- der such rules and regulations as the said Town Council may adopt. — 759 — Sec. 5. Be it further enacted, That the said Town Council is hereby empowered to levy and collect such taxes as they may deem best, and at such times as they think proper, with which to pay the interest on said fconds and to redeem or pay said bonds. Sec. 6. Be it further enacted, That the interest on said bonds shall be due and payable annually, and the coupons for same shall be receivable for taxes due the said corporation of Dyer. The said interest and principal of said bonds shall be payable in lawful money of the United States of America. Sec. 7. Be it further enacted, That all Acts and parts of Acts in conflict with this Act are hereby repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 7, 1905. E. KICE, Speaker of the Senate. W. K. ABEKNATHY, Speaker of the House of Representatives. Approved April 13, 1905. JOHN I. COX, Governor. CHAPTEE 362. Senate Bill No. 411. AN ACT to repeal an Act entitled "A Bill to be entitled an Act to prevent the running at large of hogs in counties of a population of not less than .6,400 and not more than 6,500 population/' being Chapter 358, of the Acts of 1903, passed April 15, 1903, and approved April 15, 1903. Section 1. Be it enacted by the General Assembly o/^tettoSoM. the State of Tennessee, That an Act entitled "A Bill to *>* county. be entitled an Act to prevent the running at large of hogs in comities of a population of not less than six thousand four hundred and not more than six thousand five hun- dred population," passed April 15, 1903, and approved April 15, 1903, being Chapter 358 of the Acts of 1908, be, and the same is hereby, repealed. — 760 — Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 10, 1905. E. RICE, Speaker of the Senate. W. K ABEKNTATHT, Speaker of the House of Representatives. Approved April 13, 1905. JOHN I. COX, Ghvernor. CHAPTER 363. Senate Bill No. 337. AN ACT to permit the straightening of the Big Hatchie Hirer, and the removing of obstructions from the channel of same, and for the Improvement of the bottom lands along said river. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be lawful for persons owning lands in the bottom of the Big Hatchie River, or interested in such lands, to dig ditches or canals along and in said river bottom for the purpose of carrying off the waters of said stream more rapidly; and to remove obstructions from the natural channel of said river. Such ditches may be cut across the bends of said river or located wherever may be most advantageous to effect the purpose carrying off the waters of said stream rapidly and drain- ing the bottom lands along and adjacent to said stream. Sec. 2. Be it further enacted, That nothing in the Act of 1879, Chapter 32, declaring the Big Hatchie River navigable from the point where it is crossed by the Mississippi Central Railroad, in Hardeman County, to its mouth, or in the Act of 1899, Chapter 69, amend- ing said Act of 1879 so as to close to navigation said river, except as to flat boats and rafts, from the point where said railroad, now the Illinois Central Railroad, crosses said river in" Hardeman County, Tennessee, to the point where the dividing line between the Counties of Hardeman and Haywood crosses said river, or in any other Act declaring said river navigable, shall prevent — 761 — the digging of ditches, etc., as provided in the first sec- tion of this Act, being done, it being the intention of this Act to permit such work and improvements to be done looking to the betterment of the bottom lands along and adjacent to said stream, notwithstanding said river may be navigable, or heretofore declared navigable; Pro- vided, however, that this Act shall not apply to that part of said stream below Rialto, where the same is crossed by the line of the Illinois Central Railroad from Mem- phis to Fulton, Kentucky, but shall apply only to that part of said river which is above the point of crossing of said railroad at Rialto; Provided, this Act shall not ap- ply to said stream in Hardeman County. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 8, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved April 13, 1905. JOHN I. COX, Governor. CHAPTER 364. Senate Bill No. 404. AN ACT to amend an Act passed February 4, 1901, entitled An Act to incorporate the Town of Carthage, in Smith County, Tennessee, and conferring and defining the corporate powers thereof. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an Act passed February 4, 1901, entitled "An Act to incorporate the Town of Car- thage, in Smith County, Tennessee, and conferring and defining the corporate powers thereof," be so amended as to add to the eleventh section thereof the following: And the Council shall have full power and authority to execute a mortgage on the bridge provided for in this section and Section 12 of this Act, and all of its appurte- nances, for the purpose of securing the payment of any — 762 — and all bonds issued to secure the money with which to build the same, and any mortgage so executed, whether before or after the bridge herein provided for is erected, shall constitute a first lien on said bridge and all its appurtenances as security for the payment of said bonds until they are fully paid, and may be foreclosed in any court having jurisdiction of the subject-matter for the payment of the bonds aforesaid, if not paid before the; fall due. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 10, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved April 13, 1905. JOHN I. COX, Governor. CHAPTER 365. Senate Bill No. 311. AN ACT to amend Section 11, of Article 6, of the charter of the City of Harriman, said charter being Chapter 49 of the Acts of 1891 of the General Assembly of Tennessee, and entitled "An Act to incorporate the City of Harriman, Roane County, Tennessee, and to establish a School District therein and support the same by taxation, and to provide for an election of officers for said city and School District, and to provide when the Act shall go into effect and for other purposes," so as to create a Board of Sewer Commissioners for said City of Harriman, to regulate and define the powers and duties of said Board, to make sewer assessments fixed by said Board against real property a lien against the same and to enforce such Hen. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 11 of Article 6 of the charter of the City of Harriman, said charter being Chapter 49 of the Acts of 1891 of the General Assembly of Tennessee, and entitled "An Act to incorporate the City — 763 — of Harriman, Roane Comity, Tennessee, and to establish a School District therein and support the same by taxa- tion, and to provide for an election of officers for said city and School District, and to provide when this Act shall go into effect and for other purposes," be amended by adding to said section after the word "highway," be- ing the last word in the last line thereof, the following words: "And for the purpose of making more effective this section, there is hereby created and established for the City of Harriman a Board of Sewer Commissioners, to be composed of three members, who shall be nominated by the Mayor and confirmed by the City Council at its first regular meeting in April, 1905, one for a term of one year, one for a term of two years, and one for a term of three years; and ever afterwards at the first regular meeting of said Council, in the month of April of each and every year, in like manner there shall be selected a member of said Board for a term of three years to suc- ceed the member whose term may expire at that time. In case of a vacancy in said Board the City Council shall fill the same as herein provided for the unexpired term. Said Board of Sewer Commissioners, by direction of the City Council by ordinance, shall have complete super- vision, control, and management of the construction, oper- ation, and maintenance of the public sewer system of the City of Harriman, and shall have power and authority to make all rules, regulations, and requirements necessary for connections with and use of the public sewers of said city, to make rates and assess the same against any real property, as may be provided by ordinance, for each con- nection to be made with any sewer, and for each invert (or sewer tap) made ready for connection ; Provided, the City Council by ordinance direct the construction of such sewer; and when any property owner fails to make con- nection with any public sewer, as may be required by ordinance, and when such connection has been made by the City of Harriman, the Board of Sewer Commission- ers shall add to the assessment for connection the ex- penses incurred in making the connection, which shall be- come a part of such assessment, and all assessments thus made against real property by said Board shall be, and the same is hereby, declared a lien against such property, which lien may be enforced by suit in any court of com- petent jurisdiction brought in the name of the City of Harriman." — 764 — Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 10, 1905. E. KICE, Speaker of the Senate. W. K ABEKNATHY, Speaker of the House of Representatives. Approved April 13, 1905. JOHN I. COX, Governor. CHAPTER 366. Senate Bill No. 434. AN ACT to amend an Act entitled "An Act to reduce the Acts incorporating the City of Knoxville, and the various amend- ments thereto, to one Act, and to amend the same/' approved June 10, 1885, so as to authorize the Mayor and Aldermen of the City of Knoxville to create a Park Commission, and to define its duties and powers; to appropriate money and, if necessary, to issue bonds to the extent of $50,000 to acquire and improve public parks in or near said city, ana to take and appropriate lands in, adjacent, or near to said city, by condemnation for a public park or parks. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an Act entitled "An Act to Board of Park reduce the Acts incorporating the City of Knoxville, and oommisiion- the various amendments thereto, to one Act, and to amend the same," approved June 10, 1885, be, and the same hereby is, amended so as to provide that there shall be a Board of Park Commissioners for the City of Knoxville, to consist of three members, citizens of the town and not members of the Board of Mayor and Aldermen, who shall be elected by the Board of Mayor and Aldermen from the citizens and qualified voters of the town by ballot; and the term of each member shall be -five years, except that at the first election the Board of Mayor and Aldermen shall designate one member to serve three years, one to serve for four years, and one for five years, and all mem- bers chosen after the first election shall serve for five years, unless elected to fill out the terms of those assigned to shorter terms at the first election. Said Park Commis- sioners shall receive no compensation for their services, but the Board of Mayor and Aldermen shall appropriate — 765 — annually an amount sufficient to defray the necessary and proper expenses of the Commission, and to provide clerical and other necessary assistants. The Board of Mayor and Aldermen shall, by proper ordinances, pre- scribe the duties of the Park Commission and rules and regulations for their government, and enforce the same. The Mayor shall have power to suspend any member of the Park Commission for cause for a period not exceed- ing thirty days, and the Board of Mayor and Aldermen shall have power to remove any member of said Commis- sion by the method now provided by the charter of the City of Knoxville for impeaching members of the Board of Public Works, except that only a two-thirds vote of all the members of the Board of Aldermen shall be necessary for a conviction and removal. Sec. 2. Be it further enacted, That the Mayor and cityto appro- Aldermen of the City of Knoxville shall have power to and imS?11*7 appropriate money for public parks, and it is hereby au- thorized to issue in its corporate capacity coupon bonds, to be signed by the Mayor and countersigned by the Re- corder, to the amount of fifty thousand dollars, to pro- cure lands in, adjacent, or near to said city for a public park or parks, and to have the same improved under the supervision of the Park Commission hereby provided for. The Mayor and Aldermen shall determine the denomina- tions of said bonds and the times and places for pay- ment of interest thereon, but the bonds shall not bear a higher rate of interest than five per cent, and shall mature in not more than forty years from the date upon which the first bond hereunder shall be issued. Said bonds shall be issued from time to time in such amount as the Board of Mayor and Aldermen may deem proper and the ex- penditure of the money so raised shall be intrusted to said Park Commission under proper ordinances of the Mayor and Aldermen; Provided, however, that none of said bonds shall be issued, except in pursuance of an ordi- nance duly passed at three regular meetings by the Mayor and Aldermen. None of said bonds shall be sold for less than par, and the coupons thereto attached shall, at ma- turity, be received by the City of Knoxville for all taxes and dues to it, except sinking fund taxes levied, to retire this or any other bond issue of the city, and except for school taxes ; and Provided further, that said bonds shall not be issued unless so ordered by two-thirds of the votes cast in an election, to be held upon due notice by order — 758- CHAPTER 361. Senate Bill No. 545. AN ACT to amend the charter of the Town of Dyer, Gibson County, Tennessee, so as to empower the said city to issue bonds, not to exceed five thousand dollars, for general school purposes. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the charter of the Town of Dyer be, and the same is hereby, so amended as to give the Town Council the power to issue and sell city bonds not to exceed the sum of five thousand dollars for the purpose of adding to the school building, equipping same with furniture and apparatus, seats, and in any other way deemed proper by the School Board to advance the interests of the school in Dyer, "West Tennessee Col- lege." Sec. 2. Be it further enacted, That the bonds hereby and herein provided for may be issued at any time under this Act, but the Board of Mayor and Aldermen shall, before issuing same, order an election held and permit the qualified voters of said Town of Dyer to accept or reject the proposition of issuing same. Said election shall be advertised by printed hand bills posted in public places in said town for twenty days before said election, and if a majority of the votes at said election be in favor of the issue of said bonds, then they shall be issued accordingly. Sec. 3. Be it further enacted, That the said bonds shall not be sold at less than par and shall bear a rate of interest not greater than six per cent per annum, and shall be redeemable by the city at its option after five years, and shall not run for a longer period than fifteen years. Sec. 4. Be it further enacted, That the denomina- tion or size of said bonds and the amount to be issued and sold at any one time may be determined by the Town Council, and the same may be issued and sold un- der such rules and regulations as the said Town Council may adopt — 759 — Sec. 5. Be it further enacted, That the said Town Council is hereby empowered to levy and collect such taxes as they may deem best, and at such times as they think proper, with which to pay the interest on said bonds and to redeem or pay said bonds. Seo. 6. Be it further enacted, That the interest on said bonds shall be due and payable annually, and the coupons for same shall be receivable for taxes due the said corporation of Dyer. The said interest and principal of said bonds shall be payable in lawful money of the United States of America. Sec. 7. Be it further enacted, That all Acts and parts of Acts in conflict with this Act are hereby repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 7, 1905. E. KICE, Speaker of the Senate. W. K ABEKNATHY, Speaker of the House of Representatives. Approved April 13, 1905. JOHN I. COX, Governor. CHAPTEK 362. Senate Bill No. 411. AN ACT to repeal an Act entitled "A Bill to be entitled an Act to prevent the running at large of hogs in counties of a population of not less than 6,400 and not more than 6,500 population/' being Chapter 358, of the Acts of 1903, passed April 15, 1903, and approved April 15, 1903. Section 1. Be it enacted by the General Assembly o/ *$■«&!&*■ the State of Tennessee, That an Act entitled "A Bill to tll0ouilty- be entitled an Act to prevent the running at large of hogs in counties of a population of not less than six thousand four hundred and not more than six thousand five hun- dred population," passed April 15, 1908, and approved April 15, 1903, being Chapter 358 of the Acts of 1903, be, and the same is hereby, repealed. — 760 — Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 10, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved April 13, 1905. JOHN I. COX, Governor. CHAPTER 363. Senate Bill No. 337. AN ACT to permit the straightening of the Big Hatchie River, and the removing of obstructions from the channel of same, and for the Improvement of the bottom lands along said river. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be lawful for persons owning lands in the bottom of the Big Hatchie River, or interested in such lands, to dig ditches or canals along and in said river bottom for the purpose of carrying off the waters of said stream more rapidly; and to remove obstructions from the natural channel of said river. Such ditches may be cut across the bends of said river or located wherever may be most advantageous to effect the purpose carrying off the waters of said stream rapidly and drain- ing the bottom lands along and adjacent to said stream. Sec. 2. Be it further enacted, That nothing in the Act of 1879, Chapter 32, declaring the Big Hatchie River navigable from the point where it is crossed by the Mississippi Central Railroad, in Hardeman County, to its inouth, or in the Act of 1899, Chapter 69, amend- ing said Act of 1879 so as to close to navigation said river, except as to flat boats and rafts, from the point where said railroad, now the Illinois Central Railroad, crosses said river in* Hardeman County, Tennessee, to the point where the dividing line between the Counties of Hardeman and Haywood crosses said river, or in any other Act declaring said river navigable, shall prevent — 761 — the digging of ditches, etc., as provided in the first sec- tion of this Act, being done, it being the intention of this Act to permit such work and improvements to be done looking to the betterment of the bottom lands along and adjacent to said stream, notwithstanding said river may be navigable, or heretofore declared navigable; Pro- vided, however, that this Act shall not apply to that part of said stream below Kialto, where the same is crossed by the line of the Illinois Central Railroad from Mem- phis to Fulton, Kentucky, but shall apply only to that part of said river which is above the point of crossing of said railroad at Rial to; Provided, this Act shall not ap- ply to said stream in Hardeman County. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 8, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved April 13, 1905. JOHN I. COX, Governor. CHAPTER 364. Senate Bill No. 404. AN ACT to amend an Act passed February 4, 1901, entitled An Act to Incorporate the Town of Carthage, in Smith County, Tennessee, and conferring and defining the corporate powers thereof. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an Act passed February 4, 1901, entitled "An Act to incorporate the Town of Car- thage, in Smith County, Tennessee, and conferring and defining the corporate powers thereof," be so amended as to add to the eleventh section thereof the following: And the Council shall have full power and authority to execute a mortgage on the bridge provided for in this section and Section 12 of this Act, and all of its appurte- nances, for the purpose of securing the payment of any — 762 — and all bonds issued to secure the money with which to build the same, and any mortgage so executed, whether before or after the bridge herein provided for is erected, shall constitute a first lien on said bridge and all its appurtenances as security for the payment of said bonds until they are fully paid, and may be foreclosed in any court having jurisdiction of the subject-matter for the payment of the bonds aforesaid, if not paid before they fall due. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 10, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHT, Speaker of the House of Representatives. Approved April 13, 1905. JOHN I. COX, Governor. CHAPTER 365. Senate Bill Wo. 311. AN ACT to amend Section 11, of Article 6, of the charter of the City of Harrlman, said charter being Chapter 49 of the Acts ot 1891 of the General Assembly of Tennessee, and entitled "An Act to incorporate the City of Harrlman, Roane County, Tennessee, and to establish a School District therein and support the same by taxation, and to provide for an election of officers for Bald city and School District, and to provide when the Act shall go Into effect and for other purposes," so as to create a Board of Sewer Commissioners for said City of Harrlman, to regulate and define the powers and duties of said Board, to make sewer assessments fixed by said Board against real property a lien against the same and to enforce such lien. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 11 of Article 6 of the charter of the City of Harriman, said charter being Chapter 49 of the Acts of 1891 of the General Assembly of Tennessee, and entitled "An Act to incorporate the City — 763 — of Harriman, Eoane Comity, Tennessee, and to establish a School District therein and support the same by taxa- tion, and to provide for an election of officers for said city and School District, and to provide when this Act shall go into effect and for other purposes," be amended by adding to said section after the word "highway," be- ing the last word in the last line thereof, the following words: "And for the purpose of making more effective this section, there is hereby created and established for the City of Harriman a Board of Sewer Commissioners, to be composed of three members, who shall be nominated by the Mayor and confirmed by the City Council at its first regular meeting in April, 1905, one for a term of one year, one for a term of two years, and one for a term of three years; and ever afterwards at the first regular meeting of said Council, in the month of April of each and every year, in like manner there shall be selected a member of said Board for a term of three years to suc- ceed the member whose term may expire at that time. In case of a vacancy in said Board the City Council shall fill the same as herein provided for the unexpired term. Said Board of Sewer Commissioners, by direction of the City Council by ordinance, shall have complete super- vision, control, and management of the construction, oper- ation, and maintenance of the public sewer system of the City of Harriman, and shall have power and authority to make all rules, regulations, and requirements necessary for connections with and use of the public sewers of said city, to make rates and assess the same against any real property, as may be provided by ordinance, for each con- nection to be made with any sewer, and for each invert (or sewer tap) made ready for connection ; Provided, the City Council by ordinance direct the construction of such sewer; and when any property owner fails to make con- nection with any public sewer, as may be required by ordinance, and when such connection has been made by the City of Harriman, the Board of Sewer Commission- ers shall add to the assessment for connection the ex- penses incurred in making the connection, which shall be- come a part of such assessment, and all assessments thus made against real property by said Board shall be, and the same is hereby, declared a lien against such property, which lien may be enforced by suit in any court of com* petent jurisdiction brought in the name of the City of Harriman." — 764 — Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 10, 1905. E. KICE, Speaker of the Senaie. W. K. ABERNATHT, Speaker of the House of Representative*. Approved April 13, 1905. JOHN I. COX, Governor. CHAPTER 366. Senate Bill No. 434. AN ACT to amend an Act entitled "An Act to reduce the Acts Incorporating the City of Knoxville, and the various amend- ments thereto, to one Act, and to amend the same," approved June 10, 1885, so as to authorize the Mayor and Aldermen of the City of Knoxville to create a Park Commission, and to define its duties and powers; to appropriate money and, if necessary, to issue bonds to the extent of $50,000 to acquire and improve public parks in or near said city, ana to take and appropriate lands in, adjacent, or near to said city, by condemnation for a public park or parks. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an Act entitled "An Act to Board of Park reduce the Acts incorporating the City of Knoxville, and oommisiion. the various amendments thereto, to one Act, and to amend the same," approved June 10, 1885, be, and the same hereby is, amended so as to provide that there shall be a Board of Park Commissioners for the City of Knoxville, to consist of three members, citizens of the town and not members of the Board of Mayor and Aldermen, who shall be elected by the Board of Mayor and Aldermen from the citizens and qualified voters of the town by ballot; and the term of each member shall be «five years, except that at the first election the Board of Mayor and Aldermen shall designate one member to serve three years, one to serve for four years, and one for five years, and all mem- bers chosen after the first election shall serve for five years, unless elected to fill out the terms of those assigned to shorter terms at the first election. Said Park Commis- sioners shall receive no compensation for their services, but the Board of Mayor and Aldermen shall appropriate — 765 — annually an amount sufficient to defray the necessary and proper expenses of the Commission, and to provide clerical and other necessary assistants. The Board of Mayor and Aldermen shall, by proper ordinances, pre- scribe the duties of the Park Commission and rules and regulations for their government, and enforce the same. The Mayor shall have power to suspend any member of the Park Commission for cause for a period not exceed- ing thirty days, and the Board of Mayor and Aldermen shall have power to remove any member of said Commis- sion by the method now provided by the charter of the City of Knoxville for impeaching members of the Board of Public Works, except that only a two-thirds vote of all the members of the Board of Aldermen shall be necessary for a conviction and removal. Sec. 2. Be it further enacted, That the Mayor and cttyto appro- Aldermen of the City of Knoxville shall have power to and issue11 appropriate money for public parks, and it is hereby au- thorized to issue in its corporate capacity coupon bonds, to be signed by the Mayor and countersigned by the Ke- corder, to the amount of fifty thousand dollars, to pro- cure lands in, adjacent, or near to said city for a public park or parks, and to have the same improved under the supervision of the Park Commission hereby provided for. The Mayor and Aldermen shall determine the denomina- tions of said bonds and the times and places for pay- ment of interest thereon, but the bonds shall not bear a higher rate of interest than five per cent, and shall mature in not more than forty years from the date upon which the first bond hereunder shall be issued. Said bonds shall be issued from time to time in such amount as the Board of Mayor and Aldermen may deem proper and the ex- penditure of the money so raised shall be intrusted to said Park Commission under proper ordinances of the Mayor and Aldermen; Provided, however, that none of said bonds shall be issued, except in pursuance of an ordi- nance duly passed at three regular meetings by the Mayor and Aldermen. None of said bonds shall be sold for less than jpar, and the coupons thereto attached shall, at ma- turity, be received by the City of Knoxville for all taxes and dues to it, except sinking fund taxes levied, to retire this or any other bond issue of the city, and except for school taxes; and Provided further, that said bonds shall not be issued unless so ordered by two-thirds of the votes cast in an election, to be held upon due notice by order — 766— Etart0heWM of the Mayor and Aldermen, which shall be held aceoid- to bonds. jng to the jawg regulating guch elections existing in the State of Tennessee under the conduct of the officers charged with the duty of providing for the registration of voters and the conduct of general elections in the City of Knoxville, all expense of registration and election to be borne by the City of Knoxville. Upon the tickets to be used in said election shall be printed, first, "Park Bonds," and second, "No Park Bonds," and persons voting for the issuance of bonds shall mark their tickets with a cross opposite the words "Park Bonds," and persons voting against the issuance of bonds shall, in like manner, mark their tickets opposite the words, "No Park Bonds. " Sfic. 3. Be it further enacted, That as soon as the bonds hereby authorized, or any part of them, shall have been issued hereunder, said Board of Mayor and Alder- men shall provide by ordinance for a sinking fund to retire said bonds, said fund to be used exclusively for that purpose, and to be sufficient with its accumulations to retire the principal debt at maturity. Said sinking fund shall be under the management of Commissioners regu- larly appointed by the Mayor and Aldermen already ex- isting or hereafter created. Sec. 4. Be it further enacted, That in order to ac- quire suitable ground for a public park or parks, the Mayor and Aldermen of the City of Knoxville may take and appropriate by exercise of the power of eminent do- main lands in said City of Knoxville or adjacent or near thereto, the condemnation to be made in the manner pre- scribed in the charter of said city for appropriating lands for other municipal purposes. Sec. 5. Be it further enacted, That Section 38 of the aforesaid Act, approved June 10, 1885, be, and the same is hereby, modified in so far as the same conflicts with this Act. Sec. 6. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 6, 1905. E. BICE, Speaker of the Senate. W. K ABERNATHT, Speaker of the House of Representatives. Approved April 13, 1905. JOHN I. COX, Governor. — 767 — CHAPTER 367. Senate Bill No. 8. AN ACT entitled An Act to amend "An Act to incorporate the Town of Pulaski, in the County of Giles, State of Tennessee, and the inhabitants thereof, to define the boundaries and provide for the government thereof," bejng Chapter 269, of the Acts of 1903, of the General Assembly of Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an Act entitled "An Act to incorporate the Town of Pulaski, in the County of Giles, State of Tennessee, and the inhabitants thereof, to define the boundaries and provide for the government thereof," passed March 27, 1903, and approved April 10, 1903, and being Chapter 269 of the Acts of the General Assem- bly of Tennessee of 1903, be, and the same is hereby, amended so as to add to said corporate limits the follow- ing described property — to wit: • Tract No. 1. Beginning at a point in middle of Pleasant Bun Creek and in the east boundary of corporation line ; thence with said line north 2| degrees west 8i chains to a point in said line; thence leaving said line and with the middle of said creek north 28| degrees east 8.20 chains north, 7f degrees east 4.64 chains to a point in said creek, Jim Lewis' southwest corner; thence with his and other south boundary line south 82i degrees east 7.12 chains to a stake in Sauney Jordan's west boundary line ; thence with said line south 3| degrees west 8 . 70 chains to his south- west corner; thence with his south boundary line south 841 degrees east 2.20 chains to the west margin of a street; thence with west margin of said street south I degree east 9.62 chains; thence leaving said street and with the old Jones property north 87 degrees west 7.20 chains, the west margin of a street; thence with west margin of said street south 83| degrees west 6.36 chains to a fence ; thence with said fence and with Childers' lots north 86 1-4 degrees west 1 . 94 chains ; thence south 2i degrees west 5.35 chains to north margin of Washington Street; thence with north margin of said street north — 768 — 76 degrees west 9.25 chains to a point on north side of said street ; thence north 15 degrees east 3 chains to a point in Cave Spring Branch ; thence with Ice Factory lot north 66 1-4 degrees west 2 . 65 chains ; thence with the Davis lots north 15£ degrees east 6 1-2 chains to south margin of an alley; thence with south margin of said alley 72J degrees east 6 chains to the beginning, containing 31.94 acres. Tract No. 2. Beginning at the southeast corner of the late J. B. Childers, being the north margin of Washington Street, running thence east with the north margin of said Wash- ington Street to the west margin of a north and south street forming the west boundary of the Jones addition, said street being called Street; thenee with the west margin of said — Street north to the southeast corner of Tract No. 3, here set out and which is the property of E. E. Baker. Tract No. 3. Beginning at the northeast corner of Tract No. 2; thence running nottfth with the west margin of said Street, which forms the west margin of the Jones addition, to the intersection of the same with the extension of East Woodring Street, as shown by the plat of the sub-division of Tract No. 1, which is filed in the office of the Recorder of the Town of Pulaski ; thence in a northwest direction with the south margin of said street to Tract No. 1; thence south 86 feet; thence east to the beginning. Tract No. 4. Being in the Seventh Civil District of Giles County, and known as lot No. 3 of a division of Jones' addition to Pulaski, and bounded as follows : Commencing at the northeast corner of Sam Abernathy's lot No. 2, running south and with said Sam Abernathy's line 197 feet to a street ; thence with margin of said street 93 feet to corner lot No. 4 ; thence with said rock fence to the beginning. Tract No. 5. The same lies immediately south of and adjacent to the southern boundary of the town on the Pulaski and Elkton — 769 — Turnpike, and is bounded on the north by the corporation line and the property of Arthur Frazier, on the east by JPleasant Bun, on the south by John Gk Ballentine, and on the west by the Pulaski and Elkton Turnpike. Sec. 2. Be it further enacted, That Article 3, Section 7, and Sub-section 7 of said Chapter 269 of the Acts of the General Assembly of Tennessee of 1903, be amended by adding to said Sub-section 7 the following words : "Said amount shall constitute a lien on said lot or lots." Sec. 3. Be it further enacted, That Article 7 of said Chapter 269 of the Acts of the General Assembly of Tennessee of 1903 be amended by adding to said article, after Section 17 of said article, the following: "Sec. 18. Privileges may be assessed to an amount not exceeding the State privilege tax for general municipal purposes, and a like amount for school purposes." Sec. 4. Be it further enacted, That Article 7, Sec- tion 7, of said Act be aihended by inserting the word "not" after the words "and it shall," and immediately before the words "be necessary in order to vest a good and valid title." Sec 5. Be it further enacted, That Section 6, Article 6, of said Act be amended by adding to said section, after the words "Justices of the Peace," the following words : "And the jail fees which shall be the amount paid or contracted to be paid the Sheriff by the Town of Pulaski." Sec. 6. Be it further, enacted, That Article 9, Sec- tion 1, of said Act be amended by inserting the word "or" in the last sentence of said section immediately after the words, "Shall be loaned out on good real estate security by the Recorder," and immediately before the words, "On note or notes with solvent securities." Sec. 7. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 6, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved April 13, 1905. JOHN I. COX, Governor. 49 - 770 — CHAPTER 368. Senate Bill No. 584. A BILL to be entitled An Act to create an Independent School District out of a part of the Fifteenth Civil District of Greene County and a portion of the Thirteenth Civil District of Washington County. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an independent School Dis- trict is hereby created out of portions of the Fifteenth Civil District of Greene County and the Thirteenth Civil District of Washington County as follows: Beginning at W. S. White's, in Washington County, and running thence east to Frank Hows'; thence south with T. W. Howe's, I. W. Cox, C. R. White, William Bradley, W. C. Hale, C. H. Whitaker, and Scott LaKue, of Washington County ; thence with J. E. and S. P. Bax- ter, Phillips' heirs, and Martha Dickinson; thence west with W. E. Mahoney, Martha Phillips, A. G. R Baxter, R. E. Mathes, W. M. Whitaker, Alex Bates, Joseph Hayes, Lewis White, E. S. Baff, J. A. Hayes, D. B. Hill, W. A Hayes, James Phillips; thence north with A. J. Smith, S. H. Baxter, Jr., Amon Hayes, Z. Burnett, Jacob Pratt, Isaac Depew, H. P. Heir, and B. D. Shiffer; thenoe east with Josiah Smith, M. A. Smith, S. M. Smith, W. B. Evans, C. M. Cox, and Louisa Baxter — all of the latter being in Greene County — to the beginning at W. S. White's, including all territory within said boundaries. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 10, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved April 13, 1905. JOHN I. COX, Governor. — 771 — CHAPTER 369. Senate Bill No. 73. i BILL to be entitled An Act to accept the trust created by Mrs. Ann E. Webber in favor of Wat kins Institute, of Nash- ville, Tennessee. Section 1. Whereas, Samuel Watkins, now deceased, i citizen of the State of Tennessee, by his last will, pro- vided for the establishment of a public educational insti- tution, now known as "The Watkins Institute;" and Whereas, the State of Tennessee, by the Act of its Forty-second General Assembly, approved April 1, 1881, and which is Chapter 49 of the Session Acts of 1881, accepted the said trust created by said will for the or- ganization and management of the Watkins Institute; and Whereas* in pursuance thereof lands in the City of Nashville, Davidson County, Tennessee, were conveyed to the. State of Tennessee, to be held in said trust, and substantial buildings were erected thereon, and Commis- sioners, as by said will is provided for, regularly ap- pointed by the Governor of this State, by and with the advice and consent of the Senate, charged with the duties and intrusted with the powers by the said will prescribed and provided; and Whereas, Mrs. Ann E. Webber, now deceased, lately &nBcm*otdaea citizen of Davidson County, Tennessee, by her deed, which was recorded in Book No. 268, page 551, on the 25th day of April, 1902, in the Register's office of David- son County, Tennessee, and which deed is as follows — viz.: Whereas, the State of Tennessee, by Act of the General Assembly, passed on the 29th day of March, 1881, ac- cepted the Trusteeship of the fund bequeathed for edu- cational purposes, as can be seen by reference to the last *ill and testament of Samuel Watkins, duly probated and recorded in the County Court of Davidson County, Ten- nessee, in Book of Wills and Inventories No. 25, pages WO to 566 inclusive, at its October term, 1880; and — 772 — Whereas, the Commissioners of said Watkins Institute appointed by the Governor in compliance with the will of said Watkins and the acceptance of the said trust, have now, and have had for a number of years, a successful night school, which recommends itself to my judgment and has enlisted my sympathy; therefore, in considera- tion of the premises aforesaid, and those hereinafter stated, and the sum of one dollar to me in hand paid, the conveyance receipt whereof is hereby acknowledged, I, Ann E. Web- oianae. foer, 0f Nashville, Davidson County, State of Tennessee, have this day bargained, sold, and conveyed, and do here- by transfer unto the State of Tennessee, in trust, the following lots or parcels of land, situate and lying on the west side of North Summer Street, between Union and Church Streets, in the City of Nashville, county and State aforesaid: Lot No. 1, known by street numbers 221, 223, and 225, DMoiinttonLot fronting in a body 44 feet 8 inches, and running back westwardly between paralleled lines 175 feet 8 inches to Stewart's alley, and being the property conveyed to me by Martha II. Moore and others by deed registered in the Register's office of said county and State, in Book No. 71, page 301, to which special reference is here made for a more specific description. Lot No. 2 is a lot or parcel of land fronting 24 feet on the west side of North Summer Street, in the City of Nashville, county and State aforesaid, being parts of lots Nos. 1 and 2 in Boyd McNairy's plan of lots in said city, and bounded as follows : Beginning at John Browne's southeast corner nine inches in the south wall of said John Browne's business house, fronting on the west side of said street ; nine inches of said Browne's said south wall is upon the lot of land hereby conveyed, and the center of said land is the dividing line between Browne's busi- ness house and the lot hereby conveyed. Said Browne's now owned by people in Ireland, and run- ning from said line and corner in a southern direction, with the line of said North Summer Street 24 feet; thence at right angles in a western direction 175 feet, more or less, to an alley; thence with said alley in a northern direction 24 feet to the line of John Browne's lot; thence with said John Browne's line in an eastern direction, including nine inches of said Browne's south wall, 175 feet, more or less, to the beginning point on said North Summer Street, it being the same lot of ground — 773 — Conveyed to me, then Ann E. Bohan, by deed of Daniel Ferris, registered in the Register's office of Davidson County, Tennessee, in Book No. 60, page 103. To have and to hold the said recited lots or parcels of land and the improvements thereon, to the said State of Tennessee, in trust, for the purposes hereinafter men- tioned. And I, Ann E. Webber, for myself, my heirs, representatives, and assigns, do covenant with the said State of Tennessee that I am lawfully seized and pos- sessed of said described lots or parcels of land in fee simple, have a good right to convey them, and that the same are unencumbered. And I do further covenant and bind myself, my heirs, and representatives to warrant and forever defend the title to the said property to the said State of Tennessee. I expressly reserve to myself the rents, issues, income, and emoluments derived and to be derived from said re- cited lots and premises for and during my natural life; but from and after my death these rents, income, etc., shall become a part of the fee this day conveyed to the State of Tennessee. To have and to hold the above recited lots or parcels of land to the State of Tennessee, its representatives and assigns, in trust for the following uses and purposes, and no other — to wit: That the income, rents, and profits after the payment ^Re^JJfhow of taxes, repairs, insurance, etc., arising from the prop- applied. erty conveyed aforesaid, shall be applied under the super- vision of the Commissioners of the Watkins Institute for the enlargement of the facilities of the night school as at present conducted, and continuing to teach the branches now taught with such added branches a9 time may show advisable, for instance, telegraphy, civil engineering, and electric science in its further de- velopment, and such other practical arts and sciences as will contribute to the maintenance of people of our own race, regardless of age or sex, whose educational oppor- tunities are either limited or whose daily labor makes a night school desirable, hoping that the fund to be derived may greatly enlarge the scope of its usefulness, even to the extent of adding a day school. In other words, a Technological Institute for the City of Nashville is de- sired. — 774 — It will be desirable to extend the night school as now conducted into six or seven months, instead of four months as heretofore. These schools are to remain free schools for all time to come, and the income is to be held in trust for the pur- poses aforesaid only, property may The General Assembly of the State is empowered, if SvStmentT" deemey, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 10, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN I. COX, Governor. CHAPTER 385. Senate Bill No. 329. AN ACT to change the line between Moore and Franklin Coun- ties. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between Moore and Franklin Counties be, and the same is hereby, so changed as to include all the lands of N. A. Majors, in Moore County, and said lands are hereby detached from Franklin County and attached to Moore County. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 11, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN I. COX, Governor. 51 — 802 — CHAPTER 386. Senate Bill No. 502. AN ACT to establish the Twenty-fourth School District in Giles County, Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a new School District, to be known as the Twenty-fourth School District of Giles County, is hereby created out of portions of the Thirteenth, Fourteenth, and Nineteenth School Districts of said conn* ty, which said School Districts are co-extensive with the Civil Districts of said county of the same number as fol- lows: Beginning at J. C. Hannah's northwest corner ; thence with his line running to his south boundary line in a southeastern direction to W. C. Hose's east boundary line; thence with his east boundary line to J. J. Zuccorella's west boundary; thence south of his west boundary and T. P. Anderson's west boundary to R. J. Anderson's west boundary; thence with his south boundary in a northeastern direction to J. A. Moms' south boundary ; thence with his south boundary and east boundary to A W. Parker's farm; thence with Parkers east boundary to James Lidwell's east boundary; thence with his east boundary in a northern direction to Mrs. Alice Crossno's east boundary ; thence with her east bound- ary and north boundary so as to include R. J. Evan's farm, to J. C. West's north boundary; thence west to M. E. Alexander's north boundary; thence west, including the farms of A. A. McKinzie and C. L. Boss, to the be- ginning. Sec. 2. Be it further enacted, That the general laws applicable to School Districts in Tennessee shall apply to the district hereby created. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 11, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN I. COX, Governor. — 803 — CHAPTER 387. Senate Bill No. 614. AN ACT to amend Chapter 17, of the Acts of the General Assem- bly of the State of Tennessee, passed March 23, 1897, and approved March 24, 1897. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 17 of the Acts of the General Assembly of the State of Tennessee, passed March 23, 1897, and approved March 24, 1897, be, and is, amended as follows: At the end of Section 1 of said Act add the following words : "And the provisions of this Act shall apply to and embrace all counties in the State, as a whole, which have a population of not less than forty- two thousand five hundred and not more than forty-five thousand by the Federal Census of 1900 or by any subse- quent Federal Census, without ref erence to the unmber of Civil Districts therein or the population of any Civil Dis- trict therein." Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 10, 1905. E. RICE, Speaker of the Senate. W. K ABEKNATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN L COX, Governor. — 804 — CHAPTER 388. Senate Bill No. 498. AN ACT to amend the charter of the City of Chattanooga, Ten- nessee, giving the Board of Education the care, control and maintenance of public school buildings. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the charter of the City of Chattanooga, Tennessee, and all Acts heretofore passed by the General Assembly of the State of Tennessee amenda- tory thereof, are hereby amended so as to give the Board of Education of said City of Chattanooga the care, control, maintenance, and repair of all public school buildings and grounds located in the City of Chattanooga, and the mak- ing of contracts therefor are hereby devolved upon the Board of Education of said city. - For all such, purposes the General Council shall only be charged with the duty of making necessary appropriations and all expenditures and all moneys so appropriated shall be under the direction and control of said Board of Edu- cation. . In these additional matters hereby placed within the jurisdiction of the Board of Education, said Board shall have the same powers and discretion and be subject to the same restrictions and limitations prescribed by existing laws with respect to matters under the control of the Board of Public Works of said city. Sec. 2. Be it further enacted, That all laws in con- flict with any of the provisions of this Act are hereby re- pealed, and that this Act take effect from and after its passage. Passed April 11, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHT, Speaker of the House of Representatives. Approved April 14, 1905. JOHN I. COX, Governor. — 805 — CHAPTER 389. Senate Bill. No. 470. AN ACT to be entitled "An Act to create a special school dis- trict In Warren County, Tennessee, define the boundaries, and provide for the election of school officers for the same." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a special and independent School District be established out of the Third Civil Dis- trict of Grundy County, Tennessee, and the Eighth Civil District of Warren County, Tennessee, to be known as fecial School District Xo. , and the same is hereby created with boundaries as follows : Beginning at a cave on J. P. Hughs' farm in Dry Cave, running south to and including Earle's farm ; thence south- east on side. of mountain, including J. P. Hughs' moun- tain farm and Harris Fult's mountain farm ; thence south- east with and including J. G. Mansfield's mountain farm ; thence east with and including Jane Campbell's farm, J. P. Hughs' anC D. Campbell's farm ; and thence north- east and including the farm of John and D. Fults ; thence north with and including the Mosser farm ; thence north with and including R Etter's Round Cave farm ; thence north with and including Frank Stott's mountain farm; thence northwest with and including the Patsy Brown farm and Henry Brown farm ; thence south with and including J. P. Hughs' distillery farm and Jones' farm; thence to the beginning. Sec. 2. Be it further enacted, That the said School District is to be known as the Chestnut Grove School Dis- trict No. , and shall have all the rights and privileges and emoluments as other School Districts of said counties, and shall be controlled by the Directors appointed by the County Superintendent, and who shall hold their office until next regular election for School Directors, when they ahall be elected by the qualified voters of the said School District as the other School Directors are elected, and for the same time. — 806 — Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 11, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHY, Speaker of, the Rouse of Representatives. Approved April 14, 1905. JOHN I. COX, Governor. CHAPTER 390. Senate Bill No. 330. AN ACT to change the line between Moore and Franklin Counties. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between Moore and Franklin Counties be, and the same is hereby, so changed as to include all the lands of A. J. Womack in Moore County, and said lands are hereby detached from Frank* lin County and attached to Moore County. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 11, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN I. COX, Governor. — 807 — CHAPTER 391. Senate Bill No. 338. AN ACT to permit the straightening of the south fork of the Forked Deer River, and the removing of obstructions from the channel of the same, and for the improvement of the bottom lands along said river. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be lawful for per- sons owning lands in the bottom of the South Fork of the Forked Deer River, or interested in such lands, to dig ditches or canals along and in said river bottom for the purpose of carrying off the waters of said stream more rapidly ; and to remove obstructions from the natural chan- nel of said river. Such ditches may be cut across the bends of said river or located wherever they may be most advantageous to effect the purpose of carrying off the water of said stream rapidly, and draining the bottom lands along and adjacent to said stream. Sec. 2. Be it further enacted, That nothing in any Act declaring said river navigable shall prevent the dig- Dm$2 V8?ow ging of ditches, etc., as provided for in the first section of Bluff Bridge, this Act, being done, it being the intention of this Act to permit such work and improvement to be done, looking to the betterment of the bottom lands along and adjacent to said stream, notwithstanding said river may be navigable! or heretofore declared navigable ; Provided, however, that this Act shall not apply to that part of said stream below the point where it is crossed by the Yellow Bluff Bridge and levee in Dyer County, but shall apply only to that part of said river which is above said point of crossing of said bridge and levee. Sec. 3. Be it further enacted, That this Act shall take effect from and after its passage, the public welfare re- quiring it Passed April 11, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives, Approved April 14, 1905. JOHN I. COX, Governor. — 808 — CHAPTER 392. Senate Bill No. 493. AN ACT to require all life insurance companies, other than Fraternal Beneficiary Associations, to print or stamp in conspicuous type on each policy of insurance, sold to citizens of this State, words indicating the kind or character of such policy, the same to be approved by the Insurance Commis- sioner. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That all life insurance companies other than fraternal beneficiary associations, authorized to do the business of life insurance in the State of Ten- nessee be, and the same are hereby, required to print or stamp in conspicuous type on the face or first page of each and every policy, sold to citizens of this State, words in- dicating correctly and fully the kind and character of the policy. The same words shall also be printed or stamped on the back or title page of every such policy so that they may be easily seen and read when the policy is folded. Sec. 2. Be it further enacted, That every such life in- surance company shall submit to the Insurance Commis- sioner for his approval the words required in Section 1 of this Act, to be printed on each policy, together with sample copy of every kind or class of policies offered for sale in this State, and every life insurance company shall print on each of its policies sold to citizens of this State such words as the Insurance Commissioner shall approve. Sec. 3. Be it further enacted, That the license of any insurance company doing business in this State may be revoked by the Insurance Commissioner for violating any of the provisions of this Act. Sec. 4. Be it further enacted, That this Act shall take effect from and after July 1, 1905, the public welfare re- quiring it. Passed April 12, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives, Approved April 14, 1905. JOHN I. COX, Governor. — 809 — CHAPTER 393. Senate Bill No. 475. AN ACT to amend an Act entitled "A BUI to settle the amount of the public debt of the State, fix the rate of Interest thereon, provide for the funding thereof, and the compensation of the officers of the State therefor/' being Chapter 84, of the Acts of 1883. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That all bonds and scrip of the State of Tennessee issued prior to the Funding Act of March 20, 1883, and not presented for funding as provided in said Act on or before January 1, 1907, be, and the same are, forever barred; Provided, however, that the bonds held by the United States Government are excepted from the provisions of this Act, and shall remain subject to the provisions of said Act now amended and all amend- ments thereto now in force. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 12, 1905. E. KICE, Speaker of the Senate. W. K. ABERXATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN I. COX, Governor. — 810 — CHAPTER 394. Senate Bill No. 451. AN ACT to fix the compensation of County Superintendent of Public Instruction in counties having a population of over four thousand and under five thousand, according to Federal Census of 1900. ^"iMtoil^iB Section 1. Be it enacted by the General Assembly of county. the State of Tennessee, That County Superintendent of Public Instruction be paid the sum of two hundred and twenty-five dollars per year, payable quarterly, in all coun- ties in this State having a population of more than four thousand and under five thousand inhabitants, according to the Federal Census of 1900. Seo. 2. Be it further enacted, That this Act take effect from and after the first day of April, 1905, the public welfare requiring it. Passed April 12, 1905. E. KICE, Speaker of the Senate. W. K. ABEKNATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN I. COX, Governor. — 811 — CHAPTER 395. Senate Bill No. 578. AN ACT to amend an Act entitled "An Act to incorporate the Town of TuUahoma, in Coffee County, Tennessee, and to provide a charter and mode of government for said munici- pality, and to prescribe punishment for violation of certain charter provisions," passed March 19, 1903, and approved by the Governor April 1, 1903, so as to authorize the qualified voters of said town of Tullahoma to elect the Recorder and Town Marshal of said town, and to take from the Mayor and Aldermen the right and privilege of choosing these officers, and to provide the manner in which said officers shall be elected. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 553 of the Acts of 1903, passed by the General Assembly of the State of Tennessee on March 19, 1903, and approved by the Gov- ernor on April 1, 1903, entitled "An Act to incorporate the Town of Tullahoma, in Coffee County, Tennessee, and to provide the charter and mode of government for said municipality, and to prescribe punishment for violations of certain charter provisions," be so amended as to strike • out all that part of said Act which provides for the elec- tion of the Recorder and Town Constable of said town by the Mayor and Aldermen,. and inserting in lieu thereof the following words : "That the Recorder and Town Constable of the Town of Tullahoma, Tennessee, shall be elected on the first Thursday in February, 1906 ; thereafter annually on the first Thurs- day in February, in the same election to which the Mayor and Aldermen are chosen, and by the same voters who are entitled to vote for Mayor and Aldermen." Sec. 2. Be it further enacted, That Section 16 of said Act be so amended as to read as follows : "That the Town Constable Qf said Town of Tullahoma shall, after his. election to office, in all respects be subject to the by-laws, orders, rules, and regulations of the Mayor and Aldermen of said town ; and for any violations, neg- lect, or disregard of said by-laws, orders, and rules, he may, in the discretion of said Mayor and Aldermen, be re- moved from office, being at all times subject to the will — 812 — and pleasure of said Board of Mayor and Aldermen, and should a vacancy occur in said Town Constable's office by such removal, or any other cause, the said Mayor and Aldermen shall appoint another individual qualified to fill said office, who shall serve until the election of his successors, who shall be elected at a special election by the voters of said town, qualified and hereinbefore provid- ed, which election shall be held within forty days after such vacancy occurs, unless the next regular election will be held within sixty days from said vacancy." Sec. 3. Be it further enacted, That such parts of Sec- tion 9 and Sub-section 8 of Section 10, and any other part of said Act in conflict with this Act, be, and the same are hereby, repealed. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 11, 1905. E. RICE, Speaker of the Senate. W. K ABERXATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN I. COX, Governor. CHAPTER 396. House Bill No. 995. AN ACT to authorize the County Court of Henry County to purchase grounds and erect thereon a Public County High School Building within said county, and to provide for the payment thereof. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the County Court of Henry County shall have power, and is hereby authorized, to pur- chase grounds and erect thereon a suitable building or buildings for a public high school at some suitable place at or near the county seat; Provided, an expenditure for said purpose shall not exceed forty thousand dollars. Sec. 2. Be it further enacted, That said County Court shall also have power, and is hereby authorized, to pro- — 813 — vide for the payment for said school grounds and buildings by the issuance of its time interest-bearing warrants, the rate of interest not to exceed six per cent per annum, and payable at such time or times as said County Court, in its judg/nc nt, may deem proper. Sec. 3. Be it further enacted, That said court shall have power to levy special taxes in addition to other taxes, not to exceed twenty cents on the one hundred dollars for any one year on all taxable property, to be levied and collected as other taxes, to meet the principal and interest of said warrants as they severally fall due. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 13, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. KICE, Speaker of the Senate. Approved April 14, 1905. JOHN I. COX, Governor. CHAPTEK 397. House Bill No. 660. AN ACT to create a Board of Jury Commissioners for counties in this State having a population of twenty-two thousand seven hundred and thirty-five and less than twenty-two thousand eight hundred, by the Federal Census of 1900, or that may have that number of inhabitants by any subsequent Federal Census, and for the selection of Juries; to prescribe the duties of the members of said Board and of the Judges, and punish violations of this Act; to provide for the jury lists and jury boxes to be kept in each county affected by this Act, and to repeal all laws in conflict with this Act. Section 1. Be it enacted by the General Assembly of Thi» Aot»p- the State of Tennessee, That there shall be a Board of ^un^0*116 Jury Commissioners for each county in this State having a population of 22,735 and less than 22,800 inhabitants by the Federal Census of 1900, or that may have that number of inhabitants by any subsequent Federal Census;, — 814 — to be appointed by the Circuit Judge who holds court in said county. Said Board shall consist of three discreet persons, who are householders and freeholders of the county, and who are not practicing attorneys at law of State or county officers, and who have no suit pending in said court at the time of their or his appointment, and not more than two of whom shall belong to the same political party, each of whom shall be appointed for a term of six years, at the next term of said court after the passage of this Act. All vacancies occurring in said Board, either from death, resignation, or otherwise, shall be filled in the same manner as the original appointments are made. In the event that at any time when, by the provisions of this Act, it shall be the duty of said Board to discharge any of the duties hereinafter imposed, it shall appear by the affidavit of any member thereof, or by the certificate of a reputable physician, that such member is, by temporary sickness of physical disability, or for some other good and sufficient reason unable to attend and discharge such duty or duties, then said affidavit or certificate shall be filed in the office of the Circuit Court Clerk and the two remain- ing members shall constitute the Board, and discharge such duties. Sbo. 2. Be it further enacted, That the Jury Commis- sioners, before entering on the discharge of their duties, shall take and subscribe before an officer authorized to administer oaths, the following oath, viz. : "I, A. B., do solemnly swear (or affirm) that I will °mu?ioSS.' faithfully and impartially discharge the duty of Jury Commissioner for the County of (filling in name), to the best of my knowledge and ability; that I will not place the name of any person on said jury list or in the jury box whom I believe to be corrupt or unfit, or who has, to my knowledge, solicited, or had others to solicit that his name be placed on the jury list or in the jury box; that I will keep secret and inviolate the deliberations and counsel of the Jury Commissioners while in the discharge of their duties, unless called upon to give evidence thereof in some court of justice, or other legal tribunal of this State. So help me God I" Said oath shall be spread upon the minutes of the Circuit Court, and the original preserved as a part of the records of said Commissioners. — 815 — Sxo. 3. Be it further enacted, That immediately after comminioneri .. , . ' , «■•/•• • i -r r* • to meet and their appointment and qualification, said Jury Commis- organise. doners shall meet and organize by the election of one of their members as Chairman* The Clerk of the Circuit Court shall be the Clerk of the Board of Jury Commission- ers, and shall perform all the clerical duties required by law. Before entering upon the performance of his duties as Clerk of said Board, he shall take and subscribe to an oath to faithfully discharge his duties, as required by law, and that he will never divulge any of the proceedings and deliberations of the Jury Commissioners, unless compelled to testify thereto in some court in this State. This oath shall be spread upon the minutes of the court, and the original preserved as a part of the record of the Commis- sioners. Sec. 4. Be it further enacted, That it shall be the duty selection of of the said Jury Commissioners to select from the tax J"*111*"- books of the county, and other sources, names of upright and intelligent men known for their integrity, fair char- acter, and sound judgment, from each and every district In the county and in proportion to the population of such districts, as near as may be, and possessing the qualifica- tions now prescribed by law, except that served on a reg- ular panel within two years shall not disqualify a person, a list of names numbering not less than one-fifth the whole number of votes cast in the county for Presidential elec- tions at the Presidential election next preceding the mak- ing of said list; Provided, said Est shall not for any one county contain more than fifteen hundred names nor less than two hundred and fifty names. Said list shall consti- tute the jury list for two years from the making thereof, and shall not during said years be added to or taken from, except as hereinafter provided. The Circuit Court Clerk as Clerk of the Board,. shall purchase for the Board a suitable and well-bound book, in which to record said list. At the top of each page of said book shall be written or printed the words, "Jury list for County" (filling in the name of the county). Said book shall be so ruled as to leave a space at the left-hand side of each page for the names, and at the right-hand side for such entries as are hereinafter provided for. Preceding the list of names in said book shall be written these words : "Jury list selected by the Boartf of Jury Commissioners for County, — 816 — the day of " (filling in the name of county and date). Immediately following this shall be recorded the list of juries selected, placing one name in each line, arranging the names in alphabetical order, and numbering them consecutively, beginning with No. 1. After each name shall be placed in parenthesis the initials of the Commissioners proposing such name, but no name shall be placed on such list except by a majority vote of the Board of Commissioners. At the end of the list shall be written and signed by the Commissioners, the following: form such other duties that the Town Council may by ordinance impose upon, him not in conflict with the pro- visions of this charter or the statute laws of this State. He may be required by the Town Council to act as Treas- urer. He shall receive such compensation over and above his regular fees for issuing license and trying criminal offenses as the Town Council may fix. He shall receive the same fees for issuing privilege license that is allowed to County Court Clerks for the same service, ai\d shall be entitled to the same fees in the trial of criminal cases that are now allowed by law to Justices of the Peace in such trials. Sec. 13. Be it further enacted, That the Treasurer shall be elected from the bona fide citizens of the town Treasurer- for one year by the Town Council, and shall hold his office until his successor is elected and qualified. The Treasurer shall receive from the Town Marshal and Re- corder all moneys that may come into their hands and receipt them or either of them for the same. He shall keep a proper account of all funds of whatever nature that may come into his hands, and for such purpose he shall keep such book or books as the Town Council may direct. He shall make out and present quarterly or oftener, if the Town Council demands it, a full and explicit re- Duties, port of all moneys and the disbursement of the same that have come into his hands, which report shall, after it is approved by the Mayor, be publishd in some news- paper in Trimble or by printed statements upon hand bills, which shall be left in the office of the Recorder, *here thev can be distributed to the taxpayers and in- 838 — habitants of the town, but if said report is published in a newspaper, the Town Council shall not have the right to pay more than twenty-five cents per inch for the pub- lishing of said report. He shall perform such other duties pertaining to his office as the Town Council may provide. Town Marshal. Sec. 14. Be it further enacted, That the Marshal of the town shall be elected by the Town Council at its first meeting after its election, or as soon thereafter as possi- ble, and shall hold his office for one year or until his successor is elected and qualified. lie shall, at the time of his election, be a citizen of the Town of Trimble, Ten- nessee. He shall thoroughly acquaint himself with the by-laws and ordinances of the town. He shall rigidly enforce the same, for which purpose full police power is hereby given him, which he may promptly exercise with- out warrant in hand; and when necessary he shall have the right and power to call to his assistance any member of the male citizens he may deem necessary to assist him in making arrests, and the Town Council may hy ordi- nance impose a penalty upon any one refusing to obey such a call. He shall collect all taxes, except privilege taxes, and the ad valorem tax on merchants and others subject to ad valorem tax by the laws of the State of Tennessee, and shall perform such other duties that may be imposed upon him by the Town Council. He shall have charge of the city jail and the town prison, and shall be entitled to not exceeding forty cents per day, as the Town Council may determine, for hoard- ing the same. When a prisoner is committed to him he shall take charge of him and keep him safely until tried, and if fined, and the judgment shall so. direct, shall work said prisoner upon the streets of the town or otherwise work him. Sec. 15. Be it further enacted, That the Town Coun- cil shall have the power by ordinance or resolution within the corporate limits of said town : 1. To levy and collect taxes upon all real, personal, and mixed property, polls and privileges, taxable by the laws of the State of Tennessee. 2. To appropriate money and to provide for the pay- ment of the debts and liabilities of the town. 3. To license, tax, and regulate everything, person, business, and corporation licensed, taxed, and regulated by the laws of the State of Tennessee. Duties. Powers of Council. — 839 — 4. To open, establish, extend, widen, alter, abolish, and iiscontinue any street or alley, and to grade, pave, and >tlierwise improve the same; and to establish, maintain, and keep in repair crossings, bridges, culverts, sewers, flitters, or to alter, change, abolish, and discontinue the use of the same. 5. To regulate and provide for the construction or re- pairing of sidewalks and foot pavements, and to compel the owners of property upon any street, avenue, or alley within the corporate limits to grade and to pave the side- walks and pavements to the whole extent of, and along the front or side, or front and side, of their property, the same to be in accordance with and pursuant to the provisions of the ordinance or resolution directing the said sidewalks or streets to be repaired, and if the owner of any lot or property shall fail to comply with the pro- vision of said ordinance or resolution within a prescribed time stated in said ordinance, the Town Council may contract for the construction and repairing of such side- walks or pavements, and pay for the same, and the amount so paid shall be a lien upon said lot or property to be enforced by a sale of the property by a proceeding in the County Court of Dyer or by a bill in Chancery Court, as vendor liens are enforced under the laws of the State. 6. To make regulations to prevent the introduction and spread of contagious diseases within the town, and to make quarantine laws for this purpose, and to enforce the obeyance of the same within one mile of the corporate limits, and to construct hospitals and pesthouses and confine parties infected with contagious diseases within the same. 7. To make all necessary regulations and laws to secure the health, safety, peace, and comfort of the inhabitants of the town. 8. To provide for the lighting of the streets and public buildings. 9. To establish a market house and markets, and to regulate the same. 10. To provide for the erection of all buildings that are now necessary or that may become necessary for the use of the town. 11. To regulate, prohibit, or suppress all disorderly houses, bawdy houses, or houses of ill fame. 12. To provide for the prevention and extinguishment Fires, of fire ; organize, establish, regulate, and control fire com- — 840 — panies, to regulate, restrain, and prohibit the erection of any wooden building or buildings in any part of the town ; to prevent and cause the removal of any manufac- tures regarded as dangerous in causing fires and explo- sions. 13. To regulate the storage of gunpowder and all other Explosives. combustibles or explosives, and the use of lights and stove- pipes in all stables and shops and other public places, and to provide for the cleaning, sweeping, and burning of chimneys and flues. 14. To establish standard weights and measures to be used in the town in all cases not otherwise provided for by law. 15. To provide for the inspection of lumber and other building material. 16. To provide for the weighing, measuring, and in- spection of everything sold, handled, or exchanged inside the corporate limits not already provided for by law. 17. To regulate the police of the town, to impose fines, forfeitures, and penalties for the breach of any ordinance, and to provide for the recovery of the same. 18. To provide for the arrest and confinement, until tried, of all disorderly, riotous, or drunken persons by day or by night. 19. To arrest and fine all persons who lounge around the streets and alleys without any visible means of sup- port. 20. To fine any person guilty of discharging firearms, firecrackers, or any other explosives within the corporate limits, and to regulate and prohibit the sale of firecrackers, Eoman candles, skyrockets, or any other explosives of like character within the corporate of said town. power to com- 21. To commit any person or persons who fail or refuse offenders.0' t° Pay or secure any fine or cost upon him for violation of any ordinance of the town to the jail or workhouse of the Town of Trimble until said cost and fine is paid or secured. Any person so committed shall be required to work for the town at such labor as his or her strength will permit, within or without said jail or workhouse, not exceeding ten hours each day; and for such work the person so worked shall be allowed, exclusive of board, a credit upon such fine and cost not less than forty centa per day, until the whole of said fine and cost is paid, when they shall be discharged. — 841 — 22. To remove and prevent all filth in the town and all encroachments into and obstructions upon all streets, lanes, alleys, sidewalks, and pavements, and to provide for the cleaning of the same. 23. To regulate and prohibit the public from going upon or trespassing upon the railroad yards or right of way within the town. 24. To regulate and prevent the running at large of hogs and other animals within the town, and to provide sl city pound in which to impound such animals, and in default of redemption to sell or dispose the same. 25. To regulate and prevent the keeping or building of slaughter pens, stock pens, and hog pens within the cor- porate limits of said town. 26. To license, tax, and regulate drays, hacks, wagons, and omnibuses. 27. To restrain and prohibit gaming houses and saloons, and should saloons or tippling houses be allowed at any time by law within the corporate limits, to regulate and restrain the same. 28. To erect waterworks and electric light plants, and w1*!5£nd to lay pipes and locate pumps upon the streets and alleys of the town, and to abolish, close, and fill up tanks, wells, cisterns, and sinks. 29. To purchase the cemetery near town and land ad- joining same, and to make all necessary regulations to keep up the same. 30. To establish a system of free schools, and maintain Public 80hoolg> them by taxation, and for this purpose the Town Council shall have the power to levy a special tax designated as the "School Fund Tax," which shall 1x3 used exclusively for the purposes for which it is levied. Said tax shall not exceed fifty cents on each one hundred dollars' worth of taxable property within the corporate limits. Said school, when established, shall be under the control of a School Board composed of three male citizens of the town, who shall be elected by the people at each regular election of the Mayor and Aldermen after said school is established. When said school is established, the first School Board may be elected by the Town Council, who shall hold their office until their successors are elected and qualified. The first School Board elected by the Town Council shall be elected so that one shall hold his office until his successor is elected at the next regular election ; the second one shall be elected until the second regular election; the third — 842 — one shall hold his office until the third regular election so that every year thereafter one member of the Boaw shall be elected at each regular election, who shall hoh his office for three years until his successor is elected an< qualified. Said Board shall, within ten days after their election, meet and organize by electing one of their number Chair* man and one Secretary, to serve for one year or unti their successors are elected and qualified. Said Boon shall have power to employ teachers and operate sail school in said town. They shall draw all warrants upon the Treasurer^ which shall be honored by him when such warrant is ap- proved by the Mayor. Before entering upon the dis^ charge of their duties they shall take an oath to faith- fully and impartially discharge the duties of their office. 31. To determine what are nuisances and restrain and; prohibit and abate the same. 32. To do and perform all acts that municipal corpora* tions have the right and power to do, cither by the statute laws of the State of Tennessee or the common law of th* land. Sec. 16. Be it further enacted, That all property, real and personal, subject to State and county taxes, and all persons liable for poll tax when the same shall have be- come duly assessed for taxation as now, or may hereafter be, provided by law under the general laws of the State, shall be the basis upon which property shall be taxed, and the taxes collected by the Town of Trimble for munic- ipal purposes as hereinafter provided. Sec. 17. Be it further enacted, That as soon a* prac- Assessment of ticablc in each year after the assessment books for the property. State and county are completed (which shall be after the Equalization Board provided for by the State law shall have finished the equalization of taxes in Dyer County), it shall be the duty of the Recorder to prepare, or cause to be prepared, from the said assessment books of Dyer County a tax book as required by the laws of the State, to be made out by the County Trustee, embracing, how- ever, only such property and persons as are liable for taxes within the corporate limits of the Town of Trimble. Such tax books, when certified to be thorough, correct, and complete by the Recorder, shall be the assessment value for taxes in said town for all municipal purposes; Provided, that there may be an assessment by the Marshal — 843 — at any time of any property or person subject to taxation found to have been omitted. * Sec. 18. Be it further enacted, That it shall be the duty of the Recorder in each year, as soon as such assess- . meet roll for the town is complete, to submit to the Town Council a certified statement of the total amount of the assessment of the taxable property for the year within the town limits, including the assessments of all railroad, telegraph, and telephone property, together with a certi- fied statement of the revenue derived by the town from privilege taxes, merchant ad valorem taxes, and fines from the preceding fiscal year. Upon the presentation of such statement, the Town Council shall proceed, by ordinance, to make the proper levy to meet the expenses of the town for the current fiscal year, and all special assessments that are necessary to be made. Seo. 19. Be it further enacted, That it shall be the Recorder to duty of the Recorder immediately after the levy of the l£©S.oul taxes by the Town Council to cause the said levy to be extended on the said books, prepared by him, in the same manner that extensions are made upon the tax books in the hands of the County Trustee. Sec. 20. Be it further enacted^ That all taxes due Taxes-when the Town of Trimble, except privilege and merchants' due" ad valorem taxes, shall be due and payable on the first Monday in November in the year for which the taxes are assessed, and upon that date the tax book prepared by the Recorder shall be turned over to the Town Marshal, who shall proceed to collect them, and turn the same into the town treasury. On the first Monday in June of each year, after the taxes are assessed, all taxes uncollected by the Marshal and unpaid at that time shall become delinquent taxes, and the Marshal shall turn the same over to the Town Recorder, certified to by him upon oath that the taxes so turned over are unpaid and delinquent. Said taxes shall then become delinquent, and shall when deiin- have the same force and effect of a judgment of a court quent* of record, and the Recorder shall have the power to issue distress warrants and alias and plures distress warrants in the name of the "Town of Trimble" to the Marshal, to enforce the collection of the taxes against the persons owing the same; and such distress warrant or warrants shall be executed by the Marshal of the Town of Trimble — 844 — by a levy upon and a sale of the goods and chattels of said delinquent taxpayers under the same provisions as pre- scribed by law for the issuance of distress warrants for the • collection of State, county, and school taxes. Sec. 21. Be it further enacted, That all municipal LXi?orto°xli2!taxes on real e?tate in the Town of Trimble are hereby de- clared to be a lien on said property from and after the 10th day of January, of the year for which the same are as- sessed, superior to all other liens, except the lien of the State of Tennessee, and the County of Dyer, for taxes le- gally assessed thereon, with which it shall be a co-ordinate lien. .No assessments shall be invalid because the size and dimensions of any tract, lot, or parcel of land has not been precisely named, or the amount of the valuation or tax not correctly given, nor because the property has been as- sessed in the name of the person who did not own the same, nor because the same was assessed to unknown own- ers, nor on account of any objections or informality mere- ly technical, but all such assessments shall be good and valid. Ho e reed ^EC' ^' ^e *' fur^er enacted, That the lien for de- linquent and unpaid taxes, as above provided, shall be enforced against the property and the owners thereof in the way and manner provided in Chapter 6 of the Acts of the Legislature of 1897, the same having been passed April 1, 1897, and approved April 29, 1897, entitled "An Act to enable incorporated towns and cities in Ten- nessee to sue in their corporate name in the Chancery Courts for municipal taxes, assessed on real value; to enforce the lien for same by sale of the land assessed, and in such suit to make or may make the owners of as many as twenty-five distinct parcels of land defendants." Sec. 23. Be it further enacted, That no real property on which delinquent taxes are due shall be proceeded against as above provided until a distress warrant has been issued against the owner of said realty, and returned by the Marshal nulla bona. Sec. 24. Be it further enactedy That all male persona WihoSayivoU who are qualified to vote in the Town of Trimble in the tions. State and county election shall be entitled to vote in all municipal elections in the Town of Trimble, Tennessee; Provided, they shall not be required to show any registra- tion receipts; and Provided further, that all voters sub- ject to poll tax under the law shall present to the judges — 845 — of said election a receipt showing that they have paid their municipal poll tax for the year previous to the one in which said election is held, or shall subscribe to an oath that said municipal poll tax has been paid. Sec. 25. Be it further enacted, That all officers of this corporation, except the Mayor and seven Aldermen, shall, before entering upon the discharge of their duties, enter into bond under such penalties as the Town Council may prescribe. Sec. 26. Be it further enacted, That from and after May igsue the passage of this Act the Town of Trimble shall have *»■*• forcer- power to issue coupon bonds in the manner and under the * n purposes restrictions hereinafter provided, not to exceed in the aggregate a sum which taken with all other debt or debts of the corporation then existing, and not provided for by a prior assessment of taxes, shall not exceed fifteen per centum of the assessed value of property subject to taxa- tion by this corporation, as shown by the tax book pre- pared by the Recorder for the year previous to the one in which said election is being held ; Provided, that the pro- ceeds of said bonds shall be used exclusively for the pur- pose of their issuance. They shall have power to issue bonds for the purpose of constructing and building water- works, sewers, light plants, and to improve streets, alleys, and avenues, and for the erection of a school building and supplying the same with fixtures, and for the pur- pose of erecting, constructing, and building any other buildings that may be necessary for the use of the town or for the purchase of any lot or parcel of ground to be used for corporation purposes. Sec. 27. Be it further enacted, That the bonds so is- sued shall be of such denomination, bear such interest not exceeding six per cent per annum, and be due at such time, not less than five nor more than thirty years from date, and shall be payable or redeemable at such times and places as the Town Council may determine. Sec. 28. Be it farther enacted, That the bonds thus provided for shall be in no case sold for less than par, and the coupons attached shall at maturity be receivable for taxes and dues to this corporation, except the sinking fund tax provided for by the following section and the school fund tax. Sec. 29. Be it further enacted, That before any bonds are issued under the provisions of this Act the Town Council shall provide by ordinance a sinking fund for — 846 — the payment of the interest as it shall accrue, and for re- tiring the bonds by levying a special tax, to be designated "The Sinking Fund Tax," of not exceeding seventy-fire sinking fund cents on the hundred dollars. Said special tax is to run with the bonds, and to be collected annually and to be used exclusively for the purposes for which it is levied, and to be sufficient, with its accumulations, as near as may be estimated, to pay the interest and meet and retire the principal of said bonds by their maturity. The Town of Trimble shall elect three citizens of the town as Sink- ing Fund Commissioners, each of whom shall hold office during the pleasure of the Town Council, and said Com- missioners shall take an oath to faithfully discharge their commissioners (ju^eg^ an(j g^all gjve fo^ {n such amount and under such penalties and conditions and serve for such com- pensation as may be prescribed by ordinance: and it shall be their duty as Commissioners to receive the sink- ing fund tax when collected; to pay or provide for the payment of the interest on such bonds when and as if it shall accrue, and to invest the money received for the sinking fund from time to time in the purchase, redemp- tion, or payment of said bonds at not exceeding par and accrued interest or in the purchase of other securities, to be approved by the Town Council; and all bonds by them at any time redeemed shall be canceled in the pres- ence of the Town Council, by whom a record thereof shall be kept. Said Commission shall, on the first days of January and July of each year, make to the Town Council a detailed and itemized statement of the amount paid into the sinking fund and of all disbursements made therefrom under the provisions of this Act, and shall ac- company said report with a certificate sfiowing all the bonds and numbers thereof purchased, paid, redeemed, and canceled, and all necessary expenses to the redemp- tion, cancellation, and preservation of said bonds and all necessary expenses for the purchase, preservation, and safe-keeping of other securities which may be purchased for said sinking fund, shall be paid out of said sinking fund. Sec. 30. Be it further enacted, That said bonds shall Eteid°u u>*ii- not ^ *ssiie(l unless authorized by a two-thirds majority Sinds? °f vote cast by1 the qualified voters voting at an election tx> be held by order of the Town Council, any time and as many times as the Town Council may deem necessary. — 847 — Sec. 31. Be it further enacted, That an election held for the purpose of authorizing the issuance of bonds shall be held as other municipal elections are held in said Town of Trimble, by the Marshal, in the same way and man- ner that he holds other elections, and in the place of the names of candidates there shall be printed upon an equal number of ballots to be used in said election the words "Bonds" and "No bonds;" and those voting for the issuance of bonds shall vote the ballot that has the word "Bond" printed upon it, and those voting against the issuance of said bonds shall vote a ballot that has upon it the words "No bonds." Sec. 32. Be it further enacted, That this Act is de- clared a public law and may be read in evidence in all the courts of law and equity in this State, and all ordi- nances, resolutions, and proceedings of the Town Council may be read as evidences in all courts of law and equity, after first being attested by the Recorder and the seal of the corporation affixed thereon. Sec. 33. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 8, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 13, 1905. JOHN I. COX, Governor. — 848 — Boundaries. CHAPTER 402. House Bill No. 550. AN ACT entitled "An Act to amend the charter of the City of Clarksville; to repeal so much of the following Acts as con- flict with this Act: Chapter 146, Acts 1859-60, entitled \An Act to Incorporate the Town of Middleburg, and for other purposes;' Acts 1891, Chapter 104, entitled 'An Act to extend the corporate limits of the City of Clarksville, Tennessee, and to prescribe the conditions upon which the extension Is made;' Acts 1875, Chapter 72, entitled 'Am Act to change the time of election of the Board of Mayor and Aldermen of the Town of Clarksville, to make the term of their office two instead of one year, to change the time of induction into office, to amend the charter of said town, and to authorize the levying of one-fifth of one per cent for school purposes, and to further amend said charter so as to strike out all provisions thereof having reference to "negro traders," "negro yards," "free negroes," or "slaves;" ' Acts 1883, Chapter 169, entitled 'An Act to amend an Act entitled "An Act to authorize the City of Clarksville to levy and collect additional taxes for school purposes;"' Acts 1895, Chapter 57, entitled 'An Act to amend an Act passed December 20, 1855, and to amend an Act passed March 19, 1860, and to authorize the City of Clarksville to increase the tax levy for city or general purposes, and to reduce the levy for railroad pur- poses, prescribe a penalty for non-payment of taxes, and to provide for the more efficient collection of delinquent taxes on real estate;' Acts 1897, Chapter 141, entitled 'An Act to amend the charter of the City of Clarksville, and providing that certain officers shall be elected biennially instead of annually;' Acts 1899, Chapter 219, entitled 'An Act au- thorizing the City of Clarksville to fix the number of voting precincts in said city for all city elections;' Acts 1899, Chap- ter 375, entitled 'An Act authorizing the City of Clarksville to fix the number of voting precincts in said city for all elec- tions;' Acts 1903, Chapter 401, entitled 'An Act to amend the charter of the City of Clarksville relating to the election of Tax Assessor.' To repeal the following Acts: Acts 1903, Chapter 279, entitled- 'An Act giving the City of Clarksville power to create a Board of Public Works, and to define its duties and powers;' Acts 1903, Chapter 426, entitled 'An Act to amend the charter of the City of Clarksville;' and to com- pile all the laws relating to the charter of said city into one Act, and repeal all laws in conflict with this Act." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That that section of the country in Montgomery County comprised within the following limits — to wit : Beginning on the nortli bank of Cumberland River, where the Paradise Hill Road (or street) intersects the — 849 — same; thence up said river south l7i degrees west 124 poles to the north end, of stone bridge north of the water- works and engine house ;. thence south 65 J degrees east 65 poles to stone on west side of branch, locust and elm pointers on east side and Bois D'Arc on west ; thence north 58 degrees east 55 poles to a large sycamore a little north and east of Manning's quarry, and near William Wayne's southeast corner; thence north 74f degrees east, crossing at the east end of a bridge a little northwest of the old lime kiln, in all 77 29-100 poles to a stone at the foot of a hill and east side of the branch, and marked with a X ; thence north 31 1-4 degrees east 37 poles to a spring, now under the trestle of the Tennessee Central Railroad; thence north 47£ degrees east 789 feet to a stone in the prolongation of the center of Lime Street; thence north 85 degrees east 1,940 feet to a stone in a lot bought by Jack Crouch in the "New Town" addition to Clarksville ; thence north 13 J degrees east 146£ poles to the center of the Nashville Pike, nearly opposite E. W. Barker's new house; thence north 32£ degrees east 112| poles to the center of street between Glenn's property and Brandon's thirty-acre tract, and continuing on in all 198f poles to cedars in northeast corner of Brandon's house yard; thence north 2£ degrees east 1,137 feet to the Russellville Turnpike; thence with said pike south 76£ degrees east to Red River, 505 feet ; thence down Bed River with low water mark, on the west side of same, to the lower Red River bridge at the Hopkinsville Pike; thence to the middle of said river ; thence down said river to the middle of Cumberland Biver; thence up the middle of Cumber- land River to a point opposite the beginning point ; thence straight to the beginning; and the inhabitants thereof are hereby incorporated and constituted a body politic and corporate by the name and style of the City of Clarksville, and shall have perpetual succession, and by their corporate name may sue and be sued, plead and be impleaded, grant, sell, purchase, and hold property, real, personal, and mixed, and may have and use a corporate seal, changea- ble at the pleasure of the City Council ; Provided, that the property and inhabitants of that part of the territory in- corporated March 20, 1891, are not to pay any indebted- ness of the city incurred prior to that time. Sec. 2. Be it further enacted, That the corporation aforesaid shall have full power and authority by ordinance within the limits aforesaid : 54 — 850 — Levy taxes. ^ «j"0 ]eVy an(j effect taxes upon all property, privi- leges, and polls in said limits taxable by law for State purposes, the rate for general purposes to be the same as that fixed by the State. 2. To appropriate money and provide for the payment of the debts of .the city, and to borrow money, not to ex- ceed the sum of twenty-five thousand dollars of borrowed money at any one time, not including the present debt of the city, nor any bond or note or other security given or which may be given therefor, but said amount may be borrowed in addition to the present liability; and Pro- vided further, that the Mayor and Aldermen shall issue no note or bond of the city for a longer period than five years, nor sell same for less than par. 3. To make regulations to prevent the introduction or spread of contagious or infectious diseases in the city ; to make quarantine laws for that purpose, and to enforce the same to the distance of two miles from the city ; to create a Board of Health and to establish, build, and regulate hospitals and pesthouses. 4. To establish and support a system of free schools, support public an(j regulate same so as to secure the most efficient man- agement, and to prevent sectarian or denominational in- fluence, and for that purpose may levy and collect a tax not exceeding twenty cents on the hundred dollars of property, and one dollar on polls in addition to the or- dinary revenue, to be collected as other revenue and ap- propriated in aid of the common schools of the city, or to such schools as the Mayor and Aldermen may establish, and to be paid to the order of the School Commissioners of said city by the Treasurer of said corporation. 5. To make and enforce regulations to secure the gen- eral health of the citizens, and to prevent and remove nuisances. 6. To provide the city with water and light, by water- watered works and light plants within or beyond the boundaries of the city, and for these purposes to borrow money as provided in Section 2, Sub-section 2, hereof. 7. To open, alter, abolish, widen, extend, grade, cs- streeu. tablish, pave, define boundaries, close and clean, keep in repair and improve streets, alleys, and sidewalks, or have same done ; and for these purposes the said city shall have the right to condemn property, the proceedings to be gov- erned by Sections 1844r-1867, inclusive of Shannon's Code of Tennessee, — 851 — 8. To erect, establish, open, close, and remove bridges, sewers, gutters, hydrants and cisterns. 9. To establish, support, and regulate a police system, and to appoint special police when, in the opinion of the Mayor, it is necessary. 10. To erect market houses, establish markets, regulate, change, or abolish same. 11. To provide for enclosing, improving, and regulating the public grounds, belonging to the city, in or out of the corporate limits. 12. To improve and preserve the navigation of the Cumberland River within the limits of the city, which shall extend to the center of said river; to erect, repair, and regulate public wharves, docks, and landings, and to fix the rate of wharfage thereat, not extending to any now owned by private persons, unless the city becomes the owner; to regulate the stationary, anchorage, and moor- ings of vessels, water craft, and rafts at other places than wharves within the tity. 13. To regulate, fine and suppress all disorderly houses, Relate duor- assignation or bawdy houses, and gambling houses; to SSftiJSI? impose fines, forfeitures, and penalties for the breach of, flnes- or to enforce any ordinance, to provide for their recovery and appropriation; to provide for the arrest and confine- ment until trial of all persons violating any ordinance of the city ; to prevent and punish by pecuniary penalties, fines or imprisonment all breaches of the peace, noises, disturbances, disorderly assemblies, or other misdemeanors in the city at any time; to erect, purchase, or rent and organize and regulate a workhouse in or near said city, and any person who shall fail, refuse, or neglect to pay or secure any fine or costs imposed upon him under any ordinance of the city, shall be committed to the said work- house until such fine and costs be fully paid; every per- soh so committed to the workhouse shall be required to work for the city within or without the workhouse not exceeding ten hours each day, and for such work shall be allowed fifty cents per day and board, until the whole fine and costs be paid; Provided, no person shall be re- quired to work* longer than one hundred days for any one offense ; fines, forfeitures, and penalties for the breach of the ordinances of said city may be recovered before the Recorder, or any Justice of the Peace for Montgomery County, and said Recorder or Justice of the Peace shall have the power to issue process, either summons or capias — 852 — or subpoena, render judgment, issue executions, demand bail, fine for contempt, or commit to the workhouse as herein provided, and either party shall have the right to appeal to the Circuit Court upon giving bond with ap- proved security in double the amount of the fine, forfeiture or penalty and costs, conditioned upon the payment of judgment and costs in the Circuit Court if cast in the suit ; Provided, no bond shall be less than twenty-five dol- lars ; ordinances of said city imposing fines, penalties and forfeitures shall be construed remedially, and all process issued by the Mayor, Eecorder, Justice of the Peace or other officer of the corporation may be directed to the police, or any Constable of Montgomery County, who shall execute and return same as any other process, and may be amended from time to time to promote the attain- ment of justice. 14. To provide for the prevention and extinguishment Fifes. of fires, to establish and equip a fire department, and to restrain or prohibit the erection of wooden or combustible buildings in any part of the city; to regulate and prevent the carrying on of any business dangerous in causing or producing fires ; to regulate the storage of all combustible, inflammable or explosive materials, and the use of lights or fire in the city, or the cleansing, burning and sweeping of chimneys or stovepipes, and to regulate or prevent the discharging, firing, shooting, or carrying of guns, pistols, and fireworks in the city. 1-5. To establish a standard of weights and measures, and to enforce the use of State and city weights and measures; to provide for the inspection and measure of lumber and other building materials; for the inspection and weighing and measuring of all kinds of wood, coal, and fuel, hay, corn, fodder, and all other kinds of grain and provender ; for the inspection of all meats and bread- stuffs, lard, vegetables, and provisions of all kinds. 16. To fix from time to time city wards, and the num- ber and limits thereof, and the number and places of vot- ing precincts in all city elections. 17. To prevent and remove all encroachments into or prevent en- uPon any street,' alley, or other property of the city ; to So^^ete!141 ^move all obstructions from the pavements, and to pro- vide for the construction and repair of pavements and curbing, and for cleaning same, and all gutters and streets at the expense of the owners of the ground fronting thereto, and the expense of same shall con- — 853 — stitute a lien on the lot of said owner for eighteen months from the date of payment by said city, and aaid lien and debt may be enforced and recovered in the Chancery Court of Montgomery County, and said court is hereby given jurisdiction of such liens and debts, regardless of the amount involved; Provided, that suits now pending to enforce the collection of said debts may be prosecuted under the provisions of the present char- ter; to regulate and prevent the running at large and tying and fastening of cattle, hogs, horses, mules, stock, and animals of all kinds, and stationing, placing, or leav- ing of teams, wagons, or vehicles on the streets, or fast riding and driving on the streets. 18. The Board shall have the power to designate from time to time a depository in which all city funds shall be kept, and it shall be cause for removal from office for any city officer or Sinking Fund Commissioner to refuse to deposit the funds in his hands in the depository so designated. Sec. 3. Be it further enacted, That the Election Com- "^SEIE missioners for Montgomery County, or such other person *">wheid. or persons as may be authorized to hold State and county elections, shall hold an election at the voting places in said city, designated from time to time by the City Coun- cil, on the second Saturday after the first Monday in January, 1906, and on the same day every two years thereafter, for the purpose of electing a Mayor and one Alderman for each of the wards of said city, and said Mayor and Aldermen shall hold office for two years and until their successors are elected and qualified. All per- sons having a freehold in said city, and all persons who shall have resided in said city for six months next pre- ceding the election, and who shall have paid all fines, for- feitures, and poll taxes due the city, and would be quali- fied to vote for members of the General Assembly, shall be entitled to vote in said election. No person shall be eligible as Mayor or Alderman unless he be a resident of said city. The person receiving the highest number of votes for Mayor, and the person receiving the highest Whoid"Sn5>! *° number of votes for Alderman in each of the wards, respectively, shall be taken to be duly elected, subject to contest before the Board of Mayor and Aldermen. The Election Commissioners shall deliver certificates of elec- tion to each of the persons so receiving the highest num- ber of votes, and the <*aid certificates shall entitle the per- Oath of office. — 854 — sons holding them to be inducted into office, pending a contest as aforesaid. The persons elected shall be installed into office on the first day of February, unless the same shall fall on Sunday, and then on the first day thereafter. In case of vacancy in any of said offices, the Board of Mayor and Aldermen, or the Aldermen, as the case may be, shall fill the vacancy or vacancies for the unexpired term. The persons elected shall, before assuming the duties of their respective offices, take an oath before the Mayor in office, or some Justice of the Peace of Mont- gomery County, to demean themselves in their official capacity faithfully, uprightly and honestly. In case of contest, the mode of procedure shall be determined by the Board of Mayor and Aldermen. In case there should be no election at the time specified, the authorities empow- ered to hold same shall call another election upon at least ten days' notice; Provided, the present Board of Mayor and Aldermen shall hold office until their succes- sors are elected under this charter. office™ elected Sec. 4. Be it further enacted, That at the regular i/yoranS meeting in July,- 1906, and every two years thereafter, Aldermen, ^e Board of Mayor and Aldermen of the city shall elect persons who are bona fide residents of said city to fill the following offices : Kecorder, Treasurer, City Attorney, En- gineer, Superintendent of Waterworks, Chief of Fire De- partment and all other officers of said department, Ceme- tery Keeper, Assessor, Chief and Lieutenant of Police, and policemen, and workhouse keeper. Persons receiv- ing a majority of the votes of said Board of Mayor and Aldermen shall be elected and shall hold office for two years and until their successors are elected and qualified. At the regular meeting, in July, 1905, and every two years thereafter, the Board of Mayor and Aldermen shall elect some person who is a bona fide resident of the city to hold the office of City Tax Collector. The person re- ceiving the majority of votes of said Board shall be duly elected, and shall hold office for two years and until his successor is elected and qualified; Provided, if for any reason the Board fails to elect any of the officers above specified at the time therein stated, it may elect for the unexpired term at any regular meeting subsequent, and all the officers of the city shall hold office until their suc- cessors are elected under this charter. ow and when — 855 — Sec. 5. Be it further enacted, That the Assessor A8^8m*ntf£j elected by the Board of Mayor and Aldermen under the »xes-^ provisions of Section 4 hereof, shall annually, beginning made! on the 10th day of January of each year, take a list of all the taxable property, privileges and polls within the city limits, the said list to be completed in ninety days and returned to the Board ol Mayor and Aldermen. The said Assessor in making assessments shall be governed by the State laws on that subject in force at the time the assessment is made. He is hereby empowered to admin- ister oaths in making said assessments. The Board of Mayor and Aldermen may make any change they see fit to make in said lists, by changing the valuation of prop- erty, or adding property omitted, or privileges omitted. Upon the lists returned by the Assessor, with any changes that may be made, or an estimate thereof, the Board of Mayor and Aldermen shall assess and levy taxes for the current year. The Board of Mayor and Aldermen may also back-assess property for three years, by giving writ- ten notice to parties interested, or to the administrators or executors of deceased persons, said notice to be signed by the Mayor. The rate of taxation fixed by the Board shall be the same as that fixed by the General Assembly for State and county purposes, but this shall not include any special levy which is now or may hereafter be allowed the said city for special purposes. After the Board has made the assessment for the current year, the Recorder of the oity shall record the lists in the books of the city, and shall deliver a copy of the lists of taxable property and polls, signed by the Mayor and himself, to the City Tax Collector, and take his receipt therefor. Taxes as- sessed on real estate shall be a lien on real estate for eighteen months. The said Board may, by ordinance, limit the time within which releases from taxation or reductions in assessments shall be allowed; Provided, exemptions allowed by law may be allowed at any time. The Board may, by ordinance, fix the time for the pay- ment of taxes, from which time they shall bear interest, and may require privilege taxes to be paid in advance; they may, by ordinance, prescribe a penalty for the non- payment of taxes, which penalty shall be paid by each delinquent, and shall not exceed twenty-five cents for each taxpayer, or fifty cents where a levy is made, and four per centum commissions, and these penalties may be — 856 — kept by the city or allowed to the collector for his services in making the collections. Sec. 6. Be it further enacted, That the list of taxable T^£^SS?mi property and polls in the hands of the Tax Collector shall forced. be held and deemed a writ of fieri facias against the per- sonal effects of the persons therein named, and the said City Tax Collector shall havei;he same power and authority under said list to collect taxes that Constables now have under writs of fieri facias issued by Justices of the Peace. Whenever the City Tax Collector shall not find within the corporation personal property of value sufficient to satisfy the taxes of any person on the list, he shall advertise the real estate of said person to be found within the corporate limits, and sell same to the highest bidder for cash at the courthouse in Clarksville. Said real estate shall be ad- vertised for at least twenty days in a newspaper pub- lished in Clarksville, and shall be sold not later than the first Monday in October each year succeeding the year in which the assessment is made. The proceeds of sale shall be applied: first, to the payment of the taxes, pen- alties, and costs, including the advertisement; balance, if any, paid to the owner. The city is authorized to bid at said sale and become the purchaser of any property sold. Any property sold may be redeemed at any time within two years from the date of sale by the payment of all taxes, costs and penalties, including those since sale, with legal interest from date of sale. The City Tax Collector shall issue a certificate to the purchaser, con- taining date of sale, name of purchaser, amount* of pur- chase price, and a description of the property sold. At the expiration of two years the City Tax Collector shall cancel said certificate and execute and deliver a deed to the purchaser, upon payment by the purchaser of the legal fees therefor. Upon the application of the purchaser, or assigns, and thirty days' notice to the owner, if a resident, or publication for four weeks in a newspaper published in Clarksville, if a non-resident, the Circuit Court shall issue a writ of possession to the purchaser, or assigns. In case the property is bid in by the city, the city shall have a right to make sale of same; Provided, the purchase price shall not be less than the amount of accrued taxes, penalties and costs, and the purchaser at such private sale, or the city in case no private sale is made, shall have the right to apply for and obtain a writ of possession as above provided. Equitable as well as legal estates in land may — 857 — be sold to enforce the collection of taxes, and the pur- chasers thereof, under sales made as aforesaid, shall be substituted to all the rights of the former owner. The City Tax Collector shall have the right to add to the lists any taxable property or polls assessable for taxation, but which have been omitted from the lists j Provided, all proceedings now pending for the collection of delinquent taxes may be prosecuted under the provisions of the pres- ent charter, but all collections of delinquent taxes, in- cluding those for the year 1904, shall be prosecuted under the provisions of this Act. Sec. 7. Be it further enacted, That the Kecorder ot^SS*^.*1 said city shall have concurrent jurisdiction with the Jus- tices of the Peace for Montgomery County in all cases of a criminal nature arising within the limits of said city, subject to and regulated by the laws that govern pro- ceedings before Justices of the Peace, and fox this purpose may use the city jail or workhouse of said city, and may send the police officers into any part of Montgomery County to execute process in such cases, which said police officers are hereby authorized and empowered to execute and return, according to the laws governing Constables in like cases. The Recorder shall also collect all privi- lege taxes due the city, and for this purpose shall have the same right to issue distress warrants as collectors of privilege taxes for State and county purposes, which warrants shall be directed to the police officers of the city, who are authorized to execute and return same. The Recorder may also add to the list of privileges any that may have been omitted, or the exercising of which com- other duties, menced after the list came into his hands. The Mayor and Recorder each shall have authority to administer oaths and affirmations, and to take depositions in the same way and for the same purposes, and for the same fees, and under the same laws, as Justices of the Peace. Sec. 8. Be it further enacted, That all officers of the ^. . i 1 • • i • • i i 0 i ii i Other powers city whose election is not herein provided for shall be of Board, elected by the Board of Mayor and Aldermen at such time and for such term as the Board may fix. The Board may at any time, for cause, remove the Mayor and Alder- men, or any officer of the city, and fill the vacancy for the unexpired term. The said Board shall have the power to fix the salaries and define the duties of the officers of the city, and may require all officers of the city to furnish — 858- bond with good security in such sum as it may deem proper for the faithful discharge of their duties. The Board may appoint a Mayor pro tern., who shall act for the Mayor in his absence, and prescribe rules of order for its meetings. Sec. 9. Be it further enacted, That the reports and acts and evidence of the City Engineer elected under this charter shall be equal in every respect to those of a County Surveyor within the corporate limits or about the prop- erty of the city beyond the corporate limits. Sec. 10. Be it further enacted, That all ordinances Former ordi- and resolutions heretofore passed, enacted, or ordained mSnUiforoe. by the Board of Mayor and Aldermen of Clarksville, and in force at the passage of this Act, shall remain and be in full force and effect until altered, amended, or re- pealed by said Board, or until they expire by limitation, and all of the provisions of the present charter shall re- main in force until repealed by this Act. No ordinance shall become a law of said city until it shall have passed two readings of the Board of Mayor and Aldermen on two separate days, and all ordinances passed by the Board shall be published in hand bills, or in a newspaper pub- lished in the city. A digest of all the laws and ordinances shall be prepared and published every three years by the Board. Sec. 11. Be it further enacted, That the Board of Mayor and Aldermen are authorized and empowered to enforce all laws and ordinances now in force in said city not repugnant to this charter, and to pass all ordinances, and enforce the same, necessary to carry out the fore- going or ensuing powers and the objects of the corpora- tion not contrary to the laws of the land. Sec. 12. Be it further enacted, That this charter is- declared to be a public law, and may be read as evidence in all the courts without proof or special pleading. Sec. 13. Be it further enacted, That so much of the certain former following Acts as conflict with this Act be, and the same Acts repealed. are jiereDy? repealed: Chapter 146, Acts 1859-60, en- titled "An Act to incorporate the Town of Middleburg, and for other purposes;" Chapter 104, Acts 1891, entitled "An Act to extend the corporate limits of the City of Clarksville, Tennessee, and to prescribe the conditions upon which the extension is made;" Chapter 72? Acts 1875, entitled "An Act to change the time of election of the Board of Mayor and Aldermen of the Town of Clarks- — 859 — ville, to make the term of their office two instead of one year, to change the time of induction into office, to amend the charter of said town, and to authorize the levying of one-fifth of one per cent for school purposes, and to further amend said charter so as to strike out all provisions thereof having reference to 'negro traders,' 'negro yards/ 'free negroes/ or 'slaves;'" Chapter 169, Acts 1883, entitled "An Act to amend an Act entitled 'An Act to authorize the City of Clarksville to levy and collect additional taxes for school purposes ;' " Chapter 57, Acts 1895, entitled "An Act to amend an Act passed December 20, 1855, and to amend an Act passed March 19, 1860, and to authorize the City of Clarksville to in- crease the tax levy for city or general* purposes, and to reduce the levy for railroad purposes, prescribe a penalty for non-payment of taxes, and to provide, for the more efficient collection of delinquent taxes on real estate;" Chapter 141, Acts 1897, entitled "An Act to amend the charter of the City of Clarksville, and providing that certain officers shall be elected biannually instead of an- nually;" Chapter 219, Acts 1899, entitled "An Act au- thorizing the City of Clarksville to fix the number of voting precincts in said city for all city elections;" Chap- ter 375, Acts 1899, entitled "An Act authorizing the City of Clarksville to fix the number of voting precincts in said city for all elections;" Chapter 401, Acts 1903, entitled "An Act to amend the Charter of the City of Clarksville relating to the election of a Tax Assessor." That the following Acts be, and the same are hereby, repealed: Chapter 279, Acts 1903, entitled "An Act giving the City of Clarksville power to create a Board of Public Works, and to define its duties and powers ;" Chap- ter 426, Acts 1903, entitled "An Act to amend the char- ter of the City of Clarksville." That all Acts and parts of Acts in conflict with this Act be, and the same arc hereby, repealed ; and that this Act take effect from and after its passage, the public wel- fare requiring it. Passed April 8, 1905. w K ABERtf ATHY, Speaker of the House of Representatives. E. KICE, Approved April 13, 1905. Speaker of the Senate. JOHN I. COX, Governor. — 860 — CHAPTER 403. House Bill No. 687. AN ACT to regulate the working of good roads, graveled or macadamised roads, and labor of hands, and collection of tax from said hands allotted to said good roads, graveled or macadamized roads, In counties having a population of not less than thirty-six thousand three hundred nor more than thirty-six thousand five hundred Inhabitants, by the Federal Census of 1900, or by any subsequent Federal Cen- sus. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That all male residents between the ages of twenty-one and forty-five years, who shall be subject to road duty in counties having a population of not less than thirty-six thousand three hundred nor more than thirty-six thousand five hundred, by the Fed- eral Census of 1900, or any subsequent census, and which have a system of good roads, gravel or macadamized roads, and which male inhabitants shall be allotted to and be subject to road labor on said roads shall pay the road labor tax in cash, and shall not be permitted to work the same out. Sec. 2. Be it further enacted, That said road labor tax shall be collected as is now or hereafter may be pro- vided for by law, with same penalty and proceedings. Sec. 3. Be it further enacted, That when said tax is collected the same shall be held by the Trustee as a special fund to be used in the repair and keeping up of said good roads, graveled or macadamized roads, and shall be paid out under the supervision and order of the County Judge or Chairman ; the repairs to be made under the su- pervision and direction of the Civil Engineer or Superin- tendent of said roads. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 11, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. KICE, Speaker of the Senate. Approved April 13, 1905. JOHN I. COX, Governor, — 861 CHAPTEK 404. House Bill No. 806. AN ACT to authorize the Board of Mayor and Aldermen of the City of Bristol to issue twelve thousand ($12,000) dollars of flve-per-cent interest-bearing, coupon bonds, to purchase site, erect buildings, and for public school building purposes generally within said City of Bristol. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Board of Mayor and Aldermen of the City of Bristol, a municipal corporation located in Sullivan County, Tennessee, be, and it is hereby, authorized to issue twelve thousand ($12,000) dollars, or such part thereof as may be deemed necessary, of five- per-cent, interest-bearing, coupon bonds of said City of Bristol to be used in purchasing a site, erecting buildings, and for public school building purposes generally within said city. Sec. 2. Be it further enacted, That the bonds hereby authorized shall bear interest at the rate of five per cent per annum, payable semi-annually, which several install- ments of interest shall be represented by coupons at- tached to said bonds; and said bonds shall mature and become payable at such time, from ten to forty years, after date as the .Board of Mayor and Aldermen of the City of Bristol may, by ordinance, fix and determine. Sec. 3. Be it further enacted, That the Board of Mayor and Aldermen of the City of Bristol shall have the right and power by ordinance to fix and determine the date upon which said bonds shall be issued, their denomi- nations and numbers ; the time, from ten to forty years, at which said bonds, or any number of them, shall mature ; the numbers of the semi-annual interest coupons, their dates and time of payment; and the place and time of payment of both the interest coupons and the principal of said bonds. Sec. 4. Be it further enacted, That said bonds and interest coupons shall bear the signature of the Mayor, attested by the signature of the Recorder of said city, or a facsimile of their signatures, and seal of said city shall he stamped upon each of said bonds. 862 — 1 Sec. 5. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 11, 1905. W. K. ABERNATHY, Speaker of the House of Representative*. R MCE, Speaker of the Senate. Approved April 13, 1905. JOHN I. COX, Governor. CHAPTER 405. House Bill No. 706. A BILL to be entitled "An Act to create an independent school district out of parts of the Counties of Monroe and McMinn.** Section 1. Be it enabled by the General Assembly of the State of Tennessee, That an independent school dis- trict is hereby created and established out of parts of the Counties of Monroe and McMinn, to be known as Chest- nut Grove, and bounded as follows — to wit: Boundaries. Beginning at a point known as the Signal Point, on the line between the Second and Sixth Districts, Monroe County, Tennessee, running north with Harrison Ray's line to the Valley Road; thence west to James Kinser's line; thence north to north corner of Tom Brennan's farm; thence west 1o McMinn County line; thence south with said line to the Isbel farm; thence west to the Mt. Har- mony and Sweetwater Road; thence south to John Gla- zer's line; thence west to the northwest corner; thence south to Frank Lee's line, near his house ; thence west to his northwest corner; thence south to the southwest cor- ner ; thence east to the northwest corner of John Glazer's home tract ; thence south to the southwest corner of Homer Thompson's land; thence east to the corner; thence north to W. F. Hudson's line ; thence east to his southeast cor- ner ; thence west with the district line to the beginning. county super- Sec. 2. Be it further enacted, That the County Su- appointV-0 perintendents of Public Instruction of McMinn and Mori- reotorB' roe Counties shall appoint three School Directors for said — 863 — independent district, who shall serve until the next regular election when their successors shall be elected by the qualified voters of said district. Sec. 3. Be it further enacted. That the Directors lerein above provided for are empowered to collect from School Directors, out of territory this special district is rreated, all money due the school children belonging to the special School District herein established. Passed April 11, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved Apjil 13, 1905. JOHX I. COX, Governor. CHAPTER 40G. House Bill No. 658. A BILL to be entitled "An Act to authorize the Town of New- port, Tennessee, to issue bonds to the amount of fifteen thousand dollars for the purpose of funding its floating in- debtedness, building a city jail, constructing sewers and drains, improving and repairing streets and sidewalks, and to provide a sinking fund for the purpose of liquidating said bonds and the interest thereon." Section 1. Be it enacted by the General Assembly of the Stale of Tennessee, That from and after the passage Amount of this Act it shall he lawful for the Board of Mayor and Aldermen of the Town of Newport, Tennessee, to issue bonds in the manner and under the restrictions herein- after set out not to exceed the sum of fifteen thousand ($15,000) dollars, payable principal and interest in any lawful currency of the United States. Sec. 2. Be it further enacted, That the Board of Purposes of Mayor and Aldermen of said town for the purpose of bonds- funding its floating indebtedness, erect a building to be used as a city jail and Recorder's office, constructing sewers and drains, and improving and repairing the streets and sidewalks of said town are hereby authorized and em- powered to issue interest-bearing bonds, with coupons at- — 864 — tached, of said town, signed by the Mayor and counter- signed by the Eecorder of said town, to the amount of fifteen ($15,000) dollars; Provided, that none of said bonds shall be issued until an election has been held in said town as hereinafter provided, to determine whether the legal voters of said town favor the issuance of said bonds for the purposes designated in this Act; and Pro- vided further, that the amount to be expended for a city jail and lot on which same is erected, shall not exceed thirty-five hundred dollars for both. Sec. 3. Be it further enacted, That any and all such bonds issued at any time under this Act shall be of such denominations and bear such rate of interest, not to ex- ceed five per cent per annum, and be due in such time not to exceed twenty years from issuance, and payable at such time and place as the said Board of Mayor and Aldermen may determine. Expenditure of Sbo. 4. Be it further enacted, That said bonds or the proce*^' proceeds thereof shall be used exclusively for the purpose of making the public improvements hereinbefore set forth within the corporate limits of the Town of Newport, and before said issue of bonds is made under this Act an item- ized estimate showing in detail the proposed expenditures of the proceeds of said bonds, and showing the purpose of expenditure and place of expenditure within the town, and the amounts to be expended for such purposes, and in such places, shall be made by the Board of Mayor and Alder- men in the form of an ordinance spread on the records of that body, and said estimate, as so spread of record, shall be embodied in any notice of any election to be held hereunder to authorize the issuance of said bonds, and such election shall not be legal or said bonds valid if this provision is not complied with ; Provided, that said bonds shall not be issued unless so ordered by a majority of the votes cast in an election to be held upon due notice (not less than thirty days) by order of the Board of Mayor and Aldermen at any time and as many times as said Board shall deem necessary. Sec. 5. Be it further enacted, That said election shall be held according to the laws regulating such elections existing in the State of Tennessee, at the time same is held. Sec. 6. Be it further enacted, That the officers Bieotioni— how charged with the duty of the registration of votes in the general election and the management of general election — 866 — in the Town of Newport, Tennessee, are hereby charged with the duty of providing for the registration of voters and the conduct of any and all elections held under this Act; Provided j that all expenses of said registration and election shall be borne by the Town of Newport, Tennessee. Sec. 7. Be it further enacted, That whenever an elec- tion shall be held under the provisions of this Act, the officers of election shall make return thereof in the manner and through the person or persons prescribed by law in general municipal elections, and the votes shall be can- vassed and the result decided and announced in the man- ner now provided by law for the said general elections. Sec. 8. Be it further enacted, That the Election Com- missioners of Cocke County shall furnish, according to the TiSaSS^SS!r laws now existing and regulating elections in this State, tickets to be used in said election, and upon said tickets shall be printed, first, "Bonds," and immediately below, "No Bonds," and persons voting for the issuance of bonds shall mark their tickets with a cross mark opposite the word "Bonds," and those voting against the issuance of bonds shall in like manner mark their tickets opposite the words, "No Bonds." Sec. 9. Be it further enacted, That no commission shall be charged for selling said bonds, and none of said bonds shall be sold for less than par. Sec. 10. Be it further enacted, That for the purpose of carrying out the purposes of this Act, G. W. Willis, G. °S!5S£5!L F. Smith, and F. W. Parrott are hereby appointed and r^5t01J,^,ig constitute the Commissioners to contract said public im- Act. provemente and superintend the expenditure of said funds. Before entering upon their duties, they shall give bond in such sum as the Board of Mayor and Aldermen may require, and any vacancy upon said commission shall be filled by the Board of Mayor and Aldermen. All con- tracts let by said Commission shall be in writing, and all contractors shall be required to give bond in a sufficient amount conditioned upon the faithful performance of their contracts. Said Commission shall be authorized to employ such engineers and expert service as they may deem necessary. The proceeds of said bolids, when sold, shall be turned over to the Recorder of the town, and said folds shall remain in his hands for the purpose of carry- ing out the purposes of this Act, and shall be subject to the ^TliiS? orders of the Commissioners herein named, whose orders S.?s8ione??.m" shall constitute a good and sufficient voucher for the Ke- 55 — 866 — corder in his settlements with the municipality. Said Commissioners shall not have any interest to any extent in any contract under which any of said improvements shall be made, and shall make reports as to the progress of their work from time to time, and whenever called upon by the Board of Mayor and Aldermen. Sec. 11. Be it further enacted, That the Board of Mayor and Aldermen of the said Town of Newport shall, by ordinance, provide for the assessment and collection of such tax as not to exceed twenty-five cents on the one hundred ($100) dollars as may be necessary to pay off said bonds so issued, and the accrued interest thereon, and provide a sinking fund for that purpose, and provide and establish Sinking Fund Commissioners to manage and control said sinking fund. Sec. 12. Be U further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 11, 1905. W. K ABERtf ATHY, Speaker of the House of Representatives. R RICE, Speaker of the Senate. Approved April 13, 1905. JOHN I. COX, (Governor. CHAPTER 407. House Bill No. 709. AN ACT to Incorporate the Town of Adams. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the inhabitants of the Town of Adams, in the County of Robertson, are hereby con- stituted a corporation and body politic, by the name and style of the "Mayor and Aldermen of the Town of Adams," and that by the same sue and be sued, plead and be impleaded, in all the courts of law and equity, and hold all actions whatsoever; may purchase, receive and hold property, real, personal, and mixed, within said town for corporation purposes, and may sell, lease, or dispose of — 8«7 — same for the benefit of said town; and may purchase, re- receive, and hold property, real, personal, and mixed, be- yond the limits of said town, to be used for the burial of the dead, -for the erection of waterworks, for the establish- ment of a hospital, poorhouse, workhouse of correction, and may sell, lease, or dispose of said property for the benefit of said town; and do all other acts touching the same as a natural person for the benefit of said town; and change the same at pleasure. Sec. 2. Be it further enacted, That the boundary of 80^^^ said town shall be as follows : Beginning at a point in the center of the main track of the L. & N. old Railroad in Dr. Bell's west boundary line; thence with said Bell's west boundary line south 3 degrees west 28 4-5 poles to a black gum in or near said Bell's line, said gum being marked with four chops on two sides; thence south 59£ degrees west, passing through the center of a large sink hole at 51 poles, continued on in all 110 poles to a point in Murphey's lot ; thence west, crossing the road to Glen- raven and the road to the Sory place, running in all 62 poles to a stone, Mrs. Mary E. Jetts' southwest corner, also Sory's corner; thence north with Mrs. Jetts' west boundary 14 poles to a stone, Mrs. Jetts' northwest cor- ner and Mrs. Stranges' southwest corner; thence north 30 1-4 degrees west 30 4-5 poles to a point south of and near the Port Koyal Koad; thence north 14 degrees west, passing the center of the Fort Royal Road at 1 pole, continued on, crossing the road leading to Woodruff's at 123 3-5 degrees, and the L. & N. Railroad new rights of way at 132| poles, continued on in all 186.4 poles to the whistle post for the Red River bridge as the trains go north ; said post is located on north side of said railroad ; thence north 74 degrees east 144 poles to a peach tree northeast of the chimney on east side of Mrs. Winter's residence; thence south 51f degrees east 110 poles to a Jarge cherry tree (wild) in the east edge of the Sadlera and Adams Road (said line running through the center of a sink hole) in or near Dr. Bell's west boundary line; thence south 3 degrees west, crossing the Springfield and Adams Road at 81 3-5 degrees, continued on in all 111 poles to the beginning. Sec. 3. Be it further enacted, That there shall be city elections- elected on the first Saturday in May biennially, by the „d pu^ie. qualified voters residing in the bounds of said corporation for the term of one month next preceding the day of elec- — 868 — tion, a Mayor, five Aldermen, and a Town Constable, who shall hold their offices for two years and until their successors are elected and qualified. Sec. 4. Be it further enacted, That the Election Com- Fiwt election, missioners of Robertson County shall hold the first elec- tion for the election for said Board of Mayor and Alder- men on the first Saturday in May, 1905, as the law di- rects, and in case of vacancy in the office of Mayor, Aider- man, or Constable, by death, resignation, or removal, or otherwise, the remaining members of the Board, or a ma- jority of them, may elect a person or persons to fill said vacancy or vacancies ; that the Board of Mayor and Alder- men shall appoint a Recorder and Treasurer out of their body, who shall give bond and sufficient security for the faithful performance of the duties of their position, in such sums as the Board may prescribe, and who shall hold their offices during the term of said Board; Provided, that the said Board* shall have power to remove either or both at any regular or called meeting when in its judg- ment it may be expedient, and their places shall be filled as aforesaid. Sec. 5. Be it further enacted, That the Mayor, Alder- men, and Constable may be removed from office for any misdemeanor or malfeasance in office in the same way that other officers are under the laws, and shall be subject to indictment by the grand jury. Sec. 6. Be it further enacted, That the corporation ofeTOrpor£eT8 aforesaid shall have full power and authority to enact tlon' such laws and ordinances necessary and proper to pre- serve the health of said town; prevent and remove nui- ?aijces; ascertain, when necessary, the boundary and loca- tion of streets, lots, and alleys, establish new streets, lanes, and alleys; to restrain and prohibit gaming, and provide for licensing, taxing, regulating, and restraining public amusements or shows within the corporate limits of the town; to keep in repair the streets, alleys, lanes, and sidewalks; to pass all laws necessary to carry into effect the same; to restrain or prohibit the sale of intoxi- cating liquors, including beer, ale, and all malt liquors; to impose and appropriate fines, penalties, and forfeitures for the breach of by-laws and ordinances ; to levy and col- lect taxes for the purpose of carrying the necessary meas- ures and powers herein granted into operation for the benefit of said town; and pass all laws and ordinances necessary and proper to carry the intent and meaning i — 869 — if this Act into effect; Provided, they are not incompati- ble with the Constitution and laws of the State and of the United States. Sec. 7. Be it further enacted, That all fines, penal- ties, and forfeitures imposed by the by-laws and ordinances of said corporation shall be recovered as other moneys are pnder the laws of the State, by the Mayor and Aldermen of said corporation, and for the use' of said town ; that it shall be the duty of the Mayor to have all by-laws and ordinances of the corporation written out or printed and posted in a conspicuous place on the main streets of said town for the inspection and information of all persons; no ordinance or laws to take effect or be binding until ten days after such advertising ; and it shall be the duty of the Mayor to have said by-laws or ordinances so posted re- placed when destroyed or removed within ten days after the same shall be known. "*8bc. 8. Be it further enacted, That the said Mayor Assessment of and Board of Aldermen shall appoint out of their own body E£eJ.rty for an Assessor to assess the value of all property, real and personal, upon which taxes are paid under the laws of the State, lying within said corporation, before any taxes are levied for corporation purposes ; that when the taxes shall be imposed upon any property for corporation pur- poses, the Constable of said corporation shall collect said taxes and pay the same into the hands of the Treasurer, and said Constable shall have the power to collect the corporation taxes as the Trustee has for collecting State and county taxes; that said corporation shall have the power to levy a tax on privileges not to exceed that levied by the county on the same. 8ec. 9. Be it further enacted, That said Mayor, Alder- ^^ of offl<^ men, and Constable, before entering on the duties of said offices, shall take an oath of office to faithfully discharge the duties of said office according to law; and that the Constable and Treasurer enter into bond and security for the faithful discharge of their duties, and paying over all money coming- into their hands in accordance to the by-laws provided for; and said Mayor, Aldermen, Con- stable, and Treasurer going out of office shall pay over to their successors any and all moneys which may be in their bands, or in the hands of the Treasurer, and turn over all property and deliver up all books and papers in their bands, and those of their appointees, belonging to cor- — 870 — poration, the Mayor to have the jurisdiction of a Justice of the Peace to try causes brought before him, and to have the fees allowed by law to a Justice. Sec. 10. Be U further enacted, That this law take effect from and after its passage, the public welfare re- quiring it Passed April 11, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 13, 1905. Speaker of the Seriate. JOHN I. COX, Chvemor. CHAPTER 408. House Bill No. 724. AN ACT to protect fish In Meigs County, and to prohibit placing of sawdust or substance injurious thereto in the streams of said county. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be unlawful to place in any running stream of Meigs County, any sawdust, acid or other substance injurious to fish in said stream. Sec. 2. Be it further eruicted, That any person violat- ing the above shall be, guilty of a misdemeanor and pun- ished as such. Se Aldermen and other officials of the Town of Thomastown shall, before entering upon the duties of their respective offices, take an oath before some one authorized to admin- ister oaths in this State, to faithfully, uprightly, and honestly demean themselves as such officers of said corpora- tion during their continuance in office. Sec. 14. Be it further enacted, That all officials elected by the Board of Mayor and Aldermen shall have their com- pensation fixed by said Board. Sec. 15. Be it further enacted, That the Board of Mayor and Aldermen may require a bond or bonds of any officers elected by said Board, and fix the amount and terms thereof. — 884 — Sec. 16. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare requir- ing it Passed April 13, 1905. E. RICE, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved April 15, 1905. JOHN I. COX, Governor* CHAPTER 414. House Bill No. 367. AN ACT to amend Chapter 78, of the Acts of 1897, so as to give employes and day laborers of Individuals engaged in mercantile lines of business a first lien upon the merchandise for their services. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 78, of the Acts of 1897, be amended by inserting after the word "firm" in line five of Section 1 of said Act, the following : "or of any individual engaged in mercantile lines of business," and to amend by inserting after the word "business," in line six of said section, "or any individual mercantile business," and to amend by inserting after the word "property," in line seven of said section, the words "or individual prop- erty," and to amend by inserting after the word "partner- ship," in line ten of said section, the words "or individ- uals." Sec. 2. Be it further enacted, That this Act take effect at and from its passage, the public welfare requiring it- Passed April 14, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 15, 1905. JOHN I. COX, Governor. — 885 — CHAPTER 415. Senate Bill No. 573. AN ACT to amend the Acts of 1905, passed February 4f 1005, and approved February 4, 1905, and entitled "An Act to incor- porate the Town of Watertown, Wilson County, Tennessee, and appoint the first Board of Mayor and Aldermen thereof." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 4, of the Acts of February, 1905, be, and the same is hereby, amended so as to provide for the election of Board of Mayor and Aldermen every two years instead of one. Sec. 2. Be it further enacted, That Section 14 be so amended as to provide for the election of a Board of Mayor and Aldermen on the third Saturday of December, 1906, and the same day every two years thereafter, and said Board shall serve for two years, and until their succes- sor shall have been duly elected and qualified. Sec. 3. Be it further enacted, That Section 17 be Limit to in- amended to read as follows : "That the Board of Mayor and debtedneM- Aldermen of the City of Watertown shall have no power cr authority to incur any indebtedness in excess of the revenue derived from the taxes from all sources for the current year." Sec. 4. Be it further enacted, That the Board of Mayor and Aldermen shall have full power and authority within the town : 1. To levy and collect taxes for school and corporation purposes on all property taxable by law for State pur- i*»y **<*• poses, and that the same shall be assessable, due and col- lectible from and after the passage of this Act. 2. That the Recorder shall have the right to charge the defendant in all cases with fines, and all costs, including officers' costs and attorneys' fees. 3. To compel by ordinance the owner of property on sidewalks to be any street, alley or avenue within the corporation to grade, bullt-bow- construct, pave, and repair the sidewalks and foot pave- ments, the whole extent of the front along the same, the same to be done according to the grade furnished by the municipal engineer or street overseer, and if the owner of the ground shall fail to comply with the provisions of — 886 — said law or ordinances as may be duly enacted by the Board of Mayor and Aldermen, for grading, constructing, paving, and repairing of the sidewalks and foot pavements, within such time and in such manner as may be prescribed thereby, then the Board of Mayor and Aldermen may con- tract with some suitable person, on the best terms that may be made, for the grading, constructing, paving, and repairing such sidewalks and foot pavements, and pay for the same, and the amount so paid and expended shall be a lien on said lot or lots, and' shall constitute a charge against the owner of the ground on which said work shall be done, and may be enforced by attachment in law or equity, or shall be recovered by suit in the name and for the use of the Board of Mayor and Aldermen, before any court of competent jurisdiction, and the said Board of Mayor and Aldermen or municipality shall not be liable for any damage to the owner of any lot or parcel of land for the removal of any fence, or other obstruction, nor for the land unless the same exceeds seven feet in width; Provided, however, that such land taken or used shall be for the use and benefit of said municipality or corporation of Watertown. Sec. 5. Be it further enacted. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed^ and that this Act take effect from and after its passage, the public welfare requiring it Passed April 13, 1905. E. KICE, Speaker of the Senate. W. K ABERNATHT, Speaker of the House of Representatives. Approved April 15, 1905. JOHN I. COX, Governor. — 887 — CHAPTEE 416. Senate Bill No. 655. AN ACT to amend Section 6, of the Charter of Lewistrarg, Ten- nessee, the same being Chapter 313, of the Acts of 1901, to provide for the election of the Recorder and Captain of Police, by the Board of Mayor and Aldermen, instead of by the qualified voters. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the charter of Lewisburg, Tennessee, the same being Chapter 313, of the Acts of 1901, be hereby amended as to eliminate from Section 6, of said charter, the provision for the election of "a Kecor- der and a Captain of Police" by the qualified voters, and to further amend said Section 6, of said charter, by adding thereto the following — to wit: "And the said Board of Mayor and Aldermen shall elect a Recorder and a Captain of Police, as soon after their organization as practicable, who shall hold their offices as provided in this charter, and they, respectively, shall have all the powers and dis- charge all the duties devolving upon them under this char- ter, and that may be required of them by ordinance." Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed ; and that this Act take effect from and after the first Tuesday in January, 1906, the second day of said month, the public welfare requiring it. Passed April 14, 1905. E. EICE, Speaker of the Senate. W. K ABEKNATHY, Speaker of the House of Representatives. Approved April 15, 1905. JOHN I. COX, Governor. — 888 — CHAPTER 417. Senate Bill No. 476. A mount of bonds, and purposes. Election to be first held. AN ACT to amend Sections 20, 22, 26 and 27, of Chapter 307, ' Acts of Tennessee 1903, so as to allow the City of Cleveland to contract an Indebtedness for railroad or electric railroad purposes, and to provide for the assessment and collection of taxes. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 20 of Chapter 307 of the published Acts of Tennessee of 1903 be, and the same is hereby, so amended as to read as follows : "That the Board of Mayor and Aldermen are hereby authorized to contract any indebtedness on the behalf of the city and upon the credit thereof by borrowing money to the amount of $50,000 and issuing bonds on the city for the purpose of taking stock in any new railroad or electric railroad whose line shall run into or through the corporate limits of said city, connecting said city with the Louisville and Nashville Kailway Company's main line, extending from Knoxville, Tennessee, to Atlanta, Georgia; Provided always, that no loan be issued for any purpose except by ordinance, which shall be unrepealable until the indebtedness therein provided for and the bonds issued in pursuance thereof shall have been fully paid, and said ordinance shall specify the purpose to which funds re- ceived for the bonds to be issued are to be applied, and shall also provide for the levy upon the taxable property of the city sufficient to pay the annual interest thereon and extinguish the principal of said debt and bonds within the time limited for the same, which shall not be less than five nor more than thirty years, and the rate of in- terest on said bond shall not exceed six per cent per an- num; and Provided further, that said taxes, when collect- ed, shall only be applied to the purpose in said ordinance specified until the indebtedness and bonds shall have been paid and discharged. But no such debt shall be created nor bonds issued unless the question of incurring the same and issuing bonds therefor shall be submitted to a vote of the qualified electors and legal voters of said city, and that three-fourths of the legal voters voting at said elec- — 889 — tion vote for the issuance of the bonds and creating the indebtedness." Sec. 2. Be it further enacted, That Section 22 of said Acts of 1903, Chapter 307, on page 897 of said published Acts, be, and the same is hereby, so amended as to read as follows : "That the Board of Mayor and Aldermen shall have T"1**? fol_ -i i . i*^ m til •cnool pur- power and authority to levy taxes for town and school powa. purposes upon all taxable property, real, personal, and mixed, within the city limits of the town, but the rate of taxation in said city for all purposes exclusive of any tax levied under Section 20 of said Act as amended by Section 1 of this Act, shall not exceed seventy-five cents on the one hundred dollars." Sec. 3. Be it further enacted, That Section 26 of said Chapter 307, page 898 of the published Acts of 1903, be, and the same is hereby, so amended to read as follows : "That the Board of Mayor and Aldermen may levy a8*™6* tax not exceeding fifteen cents on the hundred dollars upon all property subject to State taxation, and a street tax on all male persons between the ages of eighteen and forty-five years of age within the corporate limits of said city for streets, alleys, and sidewalks, not exceeding two dollars, and a tax not exceeding twenty-five cents on the hundred dollars upon all property subject to State taxa- tion, and the poll tax not exceeding the State or county poll tax on all male persons between the ages of twenty- one and forty-five years of age within said corporate lim- its, exclusively for the common school purposes ; Provided, however, that the rate of taxation in said city for all pur- poses, exclusive of any tax levied for any railroad pur- poses in accordance with Section 20 of said Act as amend- ed by Section 1 of this Act, shall not exceed seventy-five cents on the hundred dollars, as hereinbefore stipulated." Sec. 4. Be it further enacted, That Section 27 of Chapter 307, page 898 of the published Acts of 1903 aforesaid, be, and the same is hereby, so amended as to read as follows: "That the Board of Mayor and Aldermen shall have power and authority to levy and collect taxes in accord- ance with the provisions of said Act, Chapter 307, as amended by this Act upon all property and privileges within its limits, which are, or shall be, taxable by the laws of the State." — 890 — Sec. 5. Be it further, enacted, That all Acts or parts of Acts or laws contrary to or inconsistent with the provis- ions of this Act may be, and the same are hereby, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 11, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 15, 1905. JOHN I. COX, Governor. CHAPTER 418. Senate Bill No. 654. AN ACT to amend an Act passed April 15, 1901, and approved April 20, 1901, same being Chapter SIS, of the Acts of 1901, to Incorporate the Town of Lewisburg. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 2 of the Acta of 1901, the same being an Act to incorporate the Town of Lewisburg, be amended by adding at the end of said Sec- tion 2 the following: " Provided, that the house and lot of Joe Ewing, Mrs. W. T. Jones, and Soot McCleary are not included in the bounds of said corporation." Ssc. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 14, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHT, Speaker of the House of Representatives. Approved April 15, 1905. JOEN I. COX, Governor. — 891 — CHAPTER 419. Senate Bill !N*o. 590. A BILL to be entitled "An Act to authorize the City of Hen- derson, Tennessee, to Issue fifteen thousand dollars ($15,000) of negotiable, interest-bearing, coupon bonds for the pur- pose of buying and improving, or erecting a waterworks plant system." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the City of Henderson, Ten- nessee, be, and it is hereby, authorized to issue negotiable coupon bonds signed by its Mayor and countersigned by its Recorder in an amount not exceeding fifteen thousand Amount and dollars, the same or the proceeds of the sale thereof to be lDtere8t- used for the purpose of buying and improving or erecting a waterworks plant or system and furnish water to ihe inhabitants thereof. The said bonds shall draw interest at a rate not exceeding six per centum per annum, payable annually, and the principal and interest shall be payable in lawful money of the United States of America. The said bonds are to be issued in denominations of one hun- dred dollars each, but no single bond is to be issued for a sum exceeding five hundred dollars, and they shall be due and payable twenty years from the, date of the issu- ance of the same, but the City of Henderson shall have the right, and the authority is hereby given it, to call in and redeem any and. all of said bonds before the ma- turity of the same at its pleasure. Sec. 2. Be it further enacted, That before the iBSU" 3100^ tobe ance of said bonds, and as a condition precedent to their first held. issuance, an election shall be held of the qualified voters of said city, and the majority of the voters voting therein shall vote in favor of the issuance of the same. In said election those favoring the issuance of said bonds shall vote "For bonds/' and those opposing the issuance of the same shall vote "No bonds." Said election shall be held as required by law. Sec. 3. Be it further enacted, That in order to pay the interest on said bonds and to create a sinking fund, with which to liquidate them, the City of Henderson is hereby given the power and authority to levy and collect each year a special tax on property and privileges subject to taxation by said corporation, which special tax shall not exceed fifty cents on each hundred dollars worth of taxable property, and one-half of the tax on privileges levied for general corporation purposes. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 13, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 15, 1905. JOHN L COX, Governor. CHAPTER 420. Senate Bill No. 620. AN ACT to change the line between the Twelfth and Seven- teenth Civil Districts of Greene County, Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between the Twelfth and Seventeenth Civil Districts of Greene County, Ten- nessee, be changed so as to include the farms of the fol- lowing persons: Susan Carter, Sadie Simpson, Peter Simpson, John W. Soloman, E. S. Jones, W. W. Castell, John R. Carter, Joseph Foster, and the heirs of G. L. Lody, decM, in the Seventeenth Civil District of Greene County, Tennessee. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 13, 1905. E. RICE, Speaker of the Senate W. K. ABERNATHY, Speaker of the House of Representatives. Approved April 15, 1905. JOHN I. COX, Governor. — 893 — CHAPTER 421. Senate Bil:l No. 595. AN ACT entitled "An Act to authorize and empower the County Courts in quarterly session in counties of not less than five thousand seven hundred and six population nor more than five thousand seven hundred and fifty, according to the Federal Census of 1900, or any subsequent Federal Census, to create and establish school districts in said counties." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the County Courts in quar- terly session in counties of not less than five thousand seven hundred and six population, nor more than five thousand seven hundred and fifty, according to the Fed- eral Census of 1900 or any subsequent Federal Census, be, and the same are hereby, authorized and empowered to create and establish School Districts in said counties; Provided, that the number of School Districts shall not exceed the number of Civil Districts by more than twenty- five per cent of the number of Civil Districts in said counties. Sec. 2. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 13, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 15, 1905. JOHN I. COX, Governor. — 804 — CHAPTER 422. Senate Bill No. 523. AN ACT to prohibit any -person from buying for another any intoxicating liquor within four miles of any schoolhouae in Tennessee, public or private, where a school is kept, whether the school be in session or not. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That hereafter it shall be unlaw- ful for any person to buy for another any intoxicating liquor from any person within four miles of any school- house, public or private, in Tennessee, where a school is kept, whether the school be then in session or not, and that any one violating the provisions of this Act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine, for each offense, of not less than ten dollars nor more than one hundred dollars, and imprison- ment for a period of not less than thirty days nor more than six months, at the discretion of the court Sec. 2. Be it further enacted, That in the prosecution for the violation of the provisions of this Act, it shall not be necessary to allege in the indictment or presentment or to prove the name or person from whom the intoxicating liquors were bought. Sec. 3. Be it further enacted, That this Act shall not apply to the buying of such liquors within the limits of any incorporated town, in which it is legal under the laws of the State, to retail intoxicating liquors, and the person from whom such liquors were bought is a duly licensed retailer of intoxicating liquors in such town un- der the State laws. Sec. 4. Be it further enacted, That the Grand Jury shall have inquisitorial powers over all offenses under this Act, and upon probable cause shall make presentment without a prosecutor, and that the Circuit and Criminal Judges shall give this Act specially in charge to the Grand Jury. — 895 — Sec. 5. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 13, 1905. E. EICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 15, 1905. JOHN I. COX, Governor. CHAPTER 423. Senate Bill No. 514. A BILL to be entitled "An Act to prohibit and regulate hunt- ing and fishing in Coffee County by non-residents." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be a misdemeanor, punishable upon conviction, by a fine of not less than five dollars nor more than twenty-five dollars, in the discretion of the court having proper jurisdiction, for any person a non-resident of Coffee County to hunt, take, or kill game or catch fish in said county without the written permission of the land owner or the person having control of the same. Sec. 2. Be it further enacted x That all laws or parts of laws in conflict with the provisions of this Act are hereby repealed. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 14, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 15, 1905. JOHN L COX, Governor. — 896 CHAPTER 424. Senate Bill No. 387. AN ACT to authorize and empower County Courts to supply the tax books belonging in the office of the County Trustee where the same have been permanently lost or destroyed, and to provide the mode of procedure in such cases, and to provide for the collection of State and county revenue shown upon said lost books to be due. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be the duty of the °to wTvBe"106 County Trustee when the tax books for the current year court of loss, have been destroyed so he cannot receive and receipt for taxes, to make the fact known immediately under oath by petition to and filed with the County Judge or Chair- man, which petition shall also state the manner in which said tax books became lost or destroyed, and shall also state whether the same can be supplied from the assess- ment rolls or other public records on file in the County Clerk's office, or elsewhere, and shall pray that the County Court take the necessary and lawful steps to supply the same. In case the assessment rolls or books have like- wise been destroyed, such supplied tax book or books shall for all intents and purposes constitute the original assess- ment for that year and may be certified as such in all controversies thereunder and concerning the same. Sec. 2. Be it further enacted, That the County Courte are hereby invested with power and authority and juris- diction to supply the tax book or books for the office of the County Trustee when the fact of loss of same is made known as above stated, and said court shall proceed to supply the same in the manner hereinafter stated. Sec. 3. Be it further enacted, That it shall be the duty of the County Judge or Chairman, acting for the County judge said County Court, upon the filing of the petition with gat«. j^m ^ pTOvided in the first section of this Act, to examine said Trustee and such other persons as he may deem proper and necessary, touching the loss and destruction of said tax books, and to adjudge whether the same have been lost or destroyed. If the said Judge or Chairman shall determine that the same have been lost or destroyed, — 897 — he shall then order and adjudge that the same he sup- plied, which action shall be entered upon the minutes of the court. The County Courts shall be open at all times for the purpose of receiving said petition and for the purpose of passing upon the same and making the orders above provided for. It shall be the duty of the Quarterly Court, at its first meeting coming after the order of the County Judge or Chairman directing said lost record to be supplied, if a regular session thereof can be held not more than thirty days from the date thereof, and, if not, an extra session of said Quarterly Court shall be called to meet not more than thirty days from the date thereof to elect three suitable and competent persons as Com- (^iVt°ci>m- missioners, and who shall be selected on account of their missioners. knowledge of the taxable property of the county and their fitness for the particular duties imposed upon them, and said Commissioners shall possess all the qualifications now required by law of the members of the Board of Equali- zation, to whom shall be referred the matter of hearing proof and reporting a supplied copy of said lost book or books. Sec. 4. Be it further enacted, That said Commis- sioners shall be at once notified of their election by the County Clerk, and if for any reason any one or more of them cannot serve, or will not serve, others shall at once be elected in their place. Said Commissioners shall take an oath to honestly and faithfully discharge their duties. They shall meet and organize by the selection of one of their number as Chairman, and they shall at once dause to be published in some newspaper published in the coun- ty for at least three weeks a notice addressed to the tax- payers of the county, which said notice shall be as fol- lows : To the Taxpayers of County: Notice is hereby given that the County Court for said county has adjudged that the tax books containing the commiBiionew assessment for the year have been destroyed, and $ ^ffij!06 that the same have been ordered to be supplied. The "£«**> pub- undersigned have been appointed as Commissioners, to whom is referred the matter of supplying the same. We will meet on the day of at the office of the County Clerk, and will continue in daily session for twenty days, if necessary, during which time any taxpayer may appear and show what property he was assessed with and its valuation for said year, and failing to appear we 57 — 898 — will proceed to fix the same from such other evidence as we may be able to obtain. Sec. 5. Be it further enacted, That said Commisaion- CommiMionen ers shall meet at the time and place stated in the notice, id Sodays. " which time shall not be later than thirty days thereafter, and shall proceed to hear proof and make up their said report supplying said assessment. They shall have the power to send for witnesses and to enforce their attend- ance before them to give evidence upon the subject of their inquiry, and they shall make their report from the best evidence obtainable, and when they can procure no evidence as to the valuation of any property under the destroyed assessment, the valuation that should be placed upon it shall be presumptive evidence as to its valuation under the destroyed assessment. The Commissioners shall file their report with the County Judge or Chairman as early as practicable, but not before twenty days and not later than thirty days after the time fixed for beginning said work. Sec. 6. Be it further enacted, That the County Clerk shall act as Secretary for said Commissioners, and they shall have the right to employ such other clerical assist4 ance as may be necessary to complete the work with the time prescribed. Sec. 7. Be it further enacted, That five days shall bo Tftxpayws may given after said report is filed within which any taxpayer exoept-when. mfty ^e excep^ons to said report, and after the- time for filing said exceptions shall have expired, it shall be the duty of the Judge or Chairman to take up said report for hearing with any exceptions thereto, and shall confirm or modify the same as the facts may require. The action of the Judge or Chairman on said report and exceptions shall be final and binding, and his judgment shall be entered in the minutes of the court. A copy of said report as confirmed shall be certified by the Clerk to the Trustee, and shall have all the force and effect and shall in all respects be taken and treated as the original for that year, but the said supplied assessment shall be good only for the year for which it was supplied, and the County Clerk shall certify the aggregate thereof to the County Judge or Chairman and the Comptroller, and the same shall be the basis of account and settlement between the County Trustee and said Judge or Chairman and the Comptroller in lieu of the assessment destroyed. Any taxpayer who paid his taxes before the assessment was — 899 — destroyed shall not be required to pay any taxes on the same property on the supplied assessment, but on produc- tion of his receipt the Trustee shall mark his taxes paid on the supplied assessment as to said property, and the Trustee's accounts shall, if necessary, be adjusted to suit the facts, if there should be any difference between the two assessments in such cases, but the right and duty of the Trustee to pick up and assess property that has es- caped assessment shall not in any manner be impaired by this Act. It shall be the duty of the Tax Assessor or Assessors of the county to make an assessment of all the taxable property for the year succeeding the year for which the assessment is supplied, whether they are re- quired by the general assessment laws to make an assess- ment for that year or not. Sec. 8.- Be it further enacted* That in the event the a§ to partie* tax books shall be destroyed prior to the time at which ittterest and penalties attach by existing laws, then no in- terest or penalty shall attach to the supplied assessment until three months have elapsed after the same have been supplied ; and, in no event, before the same would attach under existing laws. No sale of real estate to enforce the collection of taxes on the supplied assessment shall be made till the succeeding year, and the same shall be had along with the sale for that year as provided by law. Sec. 9. Be it further enacted, That the Commission- ers, their Secretary, and other clerical helpers, shall have reasonable compensation for their services to be fixed by the County Court and paid from the county funds.- Sec. 10. Be it further enacted, That this Act shall ap- ply only to counties having a population of not less than seven thousand eight hundred and fifty and not more than eight thousand four hundred, by the Federal Census of 1900. Sec. 11. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 11, 1905. E. EICE, Speaker of the Senate. W. K. ABEKNATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN I. COX, Governor. — 900 — CHAPTER 425. Senate Bill No. 297. A BILL* to be entitled "An Act to amend an Act panned March 19, 1903, approved March 27, 1903, being an Act to incor- porate the Town of Big Sandy, in the County of Benton, and to provide for the election of officers, prescribe their duties, and for other purposes." Section 1. Be it enacted by the General Assembly of (he State of Tennessee, That Section 6 of said Act, in line eight of said section, be so changed from Wednesday, March 25, and the last Wednesday in March, the 25th, so as to be Wednesday, March 22d, and the last Wednesday in March every two years thereafter. Sec. 2. Be it further enacted, That this Act take etteet from and after its passage, the public welfare requiring it Passed April 13, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. . Approved April 14, 1905. JOHN I. OOX, Governor. CHAPTER 426. Senate Bill No. 598. AN ACT to amend the charter of the City of Chattanooga, Ten- nessee, and all Acts amendatory thereof, and particularly Section 70, of Chapter 432, of the .Acts of 1901, so as to fix the salary of the Auditor of said city at one thousand fire hundred dollars. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the charter of the City of Chattanooga, Tennessee, with all Acts heretofore passed amendatory thereof, and particularly Section 70, of Chap- ter 432, of the Acts of 1901, be, and the same is hereby. — 901 — amended so as to provide that the Auditor of said city shall hereafter receive a salary of fifteen hundred dollars per annum, payable monthly out of the city treasury as other salaries are paid. Sec. 2. Be it further enacted, That this Act shall take affect from and after its passage, the public welfare re- quiring it. Passed April 13, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN I. COX, Governor. CHAPTER 427. Senate Bill No. 428. AN ACT to amend Chapter 248, of the Acts of 1903, passed March 19, 1903, and approved April 15, 1903, entitled "An Act to expedite litigation in Chancery Courts/' etc. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 1, of Chapter 248, of the Acts of 1903, passed March 19, and approved April 15, 1903, be, and it is hereby, amended so as to add, after the words "in their respective divisions," at the end of the sixth line, and make the balance of the first sentence of said section read as follows: "Also (except in divorce cases) to hear and determine by final decree, any such cause, when the parties, or their solicitors, consent to such hearing;" and by adding just before the words "if the parties do not consent," in the eighth line of said section, the following words: "And for any action desired (except to confirm sales where, ten days' notice is required, and except where the cause is to be tried, in which event the consent herein mentioned shall be necessary)." Provided, the further vacation powers conferred on the Chancellor, under the last clause of this section shall not be exercised — 902 — outside the county in which the suit is pending, unless by consent of the parties. Sec. 2. Be it further enacted, That Section 1, of said Act, be, and it is hereby, amended by adding at the end of said section, the following: "And when cases shall be tried in term time, and the Chancellor deems it necessary to have time beyond the term for investigation and to be enabled to consult authorities, he may enter an order showing the case held under advisement, and may send the order or decree to be entered therein under the term and provisions of this Act; Provided, that in no case shall such order or decree be withheld more than thirty days, unless by consent of counsel." "And Chancellors shall have the discretion to leave their records unadjourned until court in course, in which event any order, or decree that might be made and entered hereunder at chambers, may be made and entered on the minutes as in term time, and shall be in like manner effec- tive; Provided, notice thereof shall have been given, or consent had, as required by this Act, for the like order or decree had the same been made and entered hereunder at chambers when the record was closed, and such order or decree so entered as in term time, shall be in like man- ner signed and transmitted to and preserved by the Clerk and Master after entry by him on the minutes, and shall be compared and approved by the Chancellor as soon there- after as convenient, but in any event not later than his next regular term of the court." "And any lack of notice or mere irregularity or failure to comply with the provisions of this Act shall be cured unless objection shall be made and proper steps to take advantage of same shall be taken before or during the next regular or special term of said court succeeding the entry of such order or decree on the minutes by the Clerk and Master." Sec. 3. Be it further enacted, That Section 4, of the said Act, be, and it is hereby, amended so as to add and insert after the words "the time," in the seventh line of said section, the following words : "Or within twenty days after." Sec. 4. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. — 903 — Sec. 5. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 13, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN I. COX, Governor. CHAPTER 428. Senate Bill No. 639. AN ACT to authorize the County of Lawrence, through its County Court, to issue and sell coupon, interest-bearing bonds of Lawrence County not to exceed the sum of twenty- five thousand dollars, for the purpose of erecting a court- house for Lawrence County, at Lawrenceburg, Tennessee, and to provide for the payment of said bonds. Section 1. Be it enacted by the General Assembly of m, 000.00 bow* the State of Tennessee, That the County Court of Law- fOTOOUrthouie rence County, in quarterly session, is hereby authorized and empowered to issue and provide for the sale of interest- bearing, coupon bonds of Lawrence County to any amount, but not to exceed the sum of twenty-five thousand dollars, for the purpose of raising funds for the erection of a court- house for Lawrence County, at Lawrenceburg, Tennessee, each of said bonds to be known and designated on its face as "Courthouse Bond of Lawrence County, Tennessee," and said bonds shall be of such denomination or denomi- nations as the -County Court may authorize; Provided, that no bond shall be of less denomination than one hun- dred dollars nor greater than one thousand dollars; and said bonds shall bear such rate of interest as the County Court may prescribe, but not to exceed six per cent per annum, which is to be paid annually at such time and place as the County Court may prescribe. Sec. 2. Be it further enacted, That said bonds shall Time to run, w- not run for a longer period than ten years from the date demPtlo,1'et0- of their issuance, and that the same or any part of same shall be redeemable at the pleasure of the county at any ^»04^ May issue In annual in- stallment*. How Bigned. Interest cou- pons. time within said ten years upon notice, calling for the pres- entation for payment of such bonds as it may be desired to redeem, being given by publication in some newspaper pubished in Lawrenceburg, Tennessee, for two consecutive weeks, the last publication being at least thirty days be- fore the date of redemption, and thirty days' notice in writing by mail or otherwise shall be given by the County Judge to the holder or holders of such bonds as may be called for redemption ; Provided, the holder of such bond and his postoffice address shall be known to the County Judge, and after the date said bonds are called for re- demption as fixed by said notices above provided, the bonds so called for redemption shall bear no interest, unleas they should not be paid when properly presented, accord- ing to the call for same for redemption ; all bonds shall be called for redemption consecutively as numbered. Sec. 3. Be it further enacted, That if the County Court, in its quarterly sessions, should think best and so decide to issue said bonds payable in annual installments rather than to issue the same all maturing at the same time and subject to redemption at the pleasure of the county, as provided in the second section of this Act, then in that event the County Court may issue said bonds paya- ble in annual installments, and shall fix the amount of each installment, and the time of the maturity thereof, desig- nating on the face of each bond the date of the maturity thereof ; Provided, the court shall not make the installment maturing in any one year greater than the sum of five thour sand dollars; and Provided further, that no installment of said bonds and no bond of any installment shall run for a longer time than ten years from the issuance thereof, but all bonds issued under the provisions of this Act shall bear the same date of issuance, whether actually sold and delivered on the date of issuance or not. Sec. 4. Be it further enacted, That said bonds shall be signed by the County Judge of Lawrence County, and countersigned by the Clerk of the County Court with his official seal affixed to the same, and shall be numbered consecutively in the order of their issuance, beginning with No. 1. Sec. 5. Be it further enacted, That each of said bonds that may be issued under the provisions of this Act shall have attached thereto coupons which shall show respec- tively the amount of each year's interest on said bond for the years said bonds shall runj and when said interest — 906 — is due and payable; said coupons shall be signed in the same manner that the bonds are signed, except the official seal of the Clerk of the Court shall not be affixed to the same; and said coupons shall be numbered on their face to correspond with the number of the bond to which they are attached. Sec. 6. Be it further enacted, That the County Court interest and shall levy annually a tax upon all taxable property and »^kln«'«nd privileges within said county for the purpose of paying the interest and principal of said bonds as they mature, or as the county may elect to redeem said bonds or any part of same. Said tax to. be known as Courthouse Tax, and to be collected by the County Trustee, as other taxes of the county are collected. Sec. 7. Be it further enacted, That the County Court Bond8_how shall provide for the manner of the sale of said bonds, and J°id, ***>"* the proceeds of sale shall be turned over to the County ep,e * Trustee to be held by him to meet the payment of such "warrants as may be drawn by the county for the expenses of building the courthouse, and the County Court may re- quire the Trustee to execute a special bond to cover the fund if they deem it advisable. The County Judge shall keep a record of the issuance and payment of said bonds and of the payment of interest thereon, as well as of the proceeds of sale thereof; and he shall make settlement ■with the County Trustee for the funds arising from the sale of said bonds, and from taxes collected to meet the interest and principal of same, the same as he makes set- tlements of other funds going into the hands of the Trus- tee ; Provided, the Trustee shall pay out of the courthouse funds in his hands all bonds and coupons for interest thereon when same are properly presented to him for pay- ment, and said bonds and said coupons when so paid shall be vouchers in his favor upon his settlements with the county. Sec. 8. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 11, 1905. E. KICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN L COX, Governor. — 906 — CHAPTER 429. Senate Bill No. 570. AN ACT to repeal the charter of the Town of Thomastown, in Shelby County, Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the charter incorporating the Town of Thomastown, in Shelby County, Tennessee, said town having been incorporated under the general laws of the State, made and provided for the incorporation of towns, and its said charter of incorporation having been granted by the Secretary of State on the fourteenth day of June, 1892, and being registered in incorporation record book five (5) on page five hundred and sixty-three (563), in the office of the Register of Shelby County, Tennessee, be, and the same is hereby, repealed and the said charter of said corporation is hereby abolished. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 13, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN I. COX, Governor. 907 — CHAPTER 430. Senate Bill No. 439. AN ACT authorizing McMinn County, Tennessee, upon an affirm- ative rote of the people, to locate, improve, and build certain public roads in said county, to appoint Commissioners and fix their duties, and issue and sell bonds for the purpose of this Act, and to provide for their payment. Section 1. Be it enacted by the General Assembly of Amount of fhe State of Tennessee, That the County Court of McMinn bondB* County, at any regular or special quarterly session, he, and is hereby, authorized and empowered to submit to the qualified voters of said county, at a time to be fixed by said court, the question of issuing and selling bonds to the amount of not exceeding, first, $200,000 ; second, not ex- ceeding $80,000, for the purpose of locating, building, or improving certain public roads of said county, and ex- penses incident thereto. That at such election the quali- Election. fied voters shall be the same as general elections, and the election shall be held in the same manner. The notice for such election shall be published in two newspapers in the county, if two such papers shall be published in the county at that time, at least twenty days before the day of such election; if there should be no newspaper published in the county, notice shall be given by written or printed post- ers at public places throughout the county. At such elec- tion there shall be two ballot boxes, the first of which shall be used to determine the will of the people as to issuing $200,000 in bonds, and those in favor of issuing $200,000 in bonds shall have printed or written on their ballots, "For $200,000 road bonds," and those opposed to issuing Ballots. such bonds shall have written or printed on their ballots, "Against $200,000 road bonds." In case a majority of qualified voters voting at such election shall vote in favor of the issuing of $200,000 in bonds, then said County Court shall issue and sell same and in the manner and for the purposes set forth in House Bill No. 746, of the Acts of the General Assembly of the State of Tennessee, for the year 1903. The second ballot box shall be used to deter- mine the will of the people as to issuing $80,000 bonds in — 908 — case the majority of the voters are against issuing $200,- 000 in bonds, and those in favor of issuing $80,000 bonds shall have written or printed on their ballots, "For $80,- 000 road bonds," and those opposed to issuing such bonds shall have written or printed on their ballots, "Against $80,000 road bonds." In case a majority of the qualified voters voting at such election shall vote in favor of issuing $80,000 bonds, the election for $200,000 having failed, then said County Court shall issue and sell the same, and in the manner set forth in this Act. Sec. 2. Be it further enacted, That all bonds issued How signed, under the provisions of this Act shall be signed by the County Judge or Chairman and by the Clerk of the County Court of said county, and shall bear the county seal. The denomination of said bonds shall be not less than $100 nor more than $1,000. They shall bear interest at the rate not to exceed five per cent per annum, payable annually ; shall be consecutively numbered, beginning with number one; shall have interest coupons attached, numbered as the bonds, maturing at proper date to meet the interest, which cou- pons shall have lithographed upon them the signature of the County Judge or Chairman and the Clerk of the Coun- ty Court, and such bonds, principal and interest, shall be paid in lawful money of the United States. The said bonds shall mature in forty years from their date, and shall Time to run. aii? or any mimber cf them," be redeemable at the option of the county on any of the dates on which interest matures after ten years from their date. But to entitle the county to redeem before maturity, as above provided, the Judge or Chairman of the County Court shall, within sixty days immediately preceding the date of the proposed redemp- tion, publish a notice in a newspaper, published in the county, if any, giving the number of bonds proposed to be redeemed and place of the redemption and names of own- ers of bonds if known. If no newspaper shall be published in the county, he shall post such notice on the courthouse door for thirty days within the sixty days. When such Redemption, bonds are called for redemption those of the smallest num- ber outstanding shall be the ones taken. Such notice shall also be given when all b&ids are to be paid at their matu- rity. In either case, if said bonds are not presented for payment at the time and place specified in the notice, the interest thereon shall cease at that date. The Judge or Chairman of the County Court of said county shall keep — 909 — in his office a well-bound book, a record of the number and denomination of all the bonds issued under this Act, and all payments of interest and principal on each made, which shall be subject to public inspection. Not less than one page shall be given to each bond. He shall also keep a proper book in which all coupons, and lastly the bonds to which they belong, shall be firmly pasted, as they come in after payment and redemption and settlements with the Trustee. Sec. 3. Be it further enacted, That the County Court Interegt and of said county shall include in its tax levies a sufficient sinking fund amount to meet interest on said bonds, and provide a sink- ing fund for their payment, the said levies to be on all the taxable property in the county, including that within the corporate limits of any municipality in said county, and on privileges but not on polls. The County Court may apply a proper proportion of the regular road tax to this sinking fund or to the payment of interest. Sec. 4. Be it further enacted, That the County Trus- ^^^ tee shall account for and collect all taxes on property here- leSt tax 2nd in authorized, and account for all taxes received from keePBeParate privileges, in the same manner as he is required to do as to other county taxes ; shall keep a strict account separate from other funds, and shall settle with the Judge or Chair- man as required in regard to other county funds, and he shall receive the same compensation as for collecting and accounting for other county taxes. The privilege tax shall be collected as other privileges are, and turned over to the Trustee aforesaid. The said Trustee shall make additional bonds, conditioned for the faithful collecting and account- ing for this fund, to be approved in like manner with the other bonds required of him. He may loan at interest, with good security, said sinking fund. Sec. 5. Be it further enacted, That for the purpose of ^ o™^ carrying out the provisions of this Act, and the will of the appointed, people voting for the bonds, the Judge or Chairman of the said County Court shall appoint, subject to the approval of the Quarterly Court of said county, five pike Commission- ers, freeholders and citizens of McMinn County, Tennes- see? practical business men and possessing the best knowl- edge of their business attainable. Before entering on the discharge of their duties they shall take and subscribe to an oath, which shall be filed in the office of the County Court Clerk, that they will faithfully and honestly dis- — 910 — charge the duties of their office to the best of their judg- ment, skill, and ability, and they will not be interested di- rectly or indirectly in any contract for building said roads. They shall give such bond as may be required of them by said County Court conditioned to faithfully and honestly account for all money, bonds, or property over which they Duties of com- may have control under this Act. It shall be the ditties of miBsioners. sajj Commissioners to sell said bonds, when issued, to the highest bidder, and the proceeds thereof are to be deposited in some responsible bank, that is a State depository, by the purchasers, subject only to the order of the County Court, or the checks of said Commissioners, countersigned and recorded by the County Court Clerk of said county, pay- able to the contractors, employees, or other creditors of this fund, and showing in their face for what services is- sued. Said bonds shall not be sold for less than par. They • may all be sold at one time or part at one time and others at another time, or may all be sold at one time to be de- livered and paid for at such times as the said Commission- ers may designate. Said Commissioners shall have power to employ civil engineers and other expert service to sur- vey the routes of the roads to be constructed, to make maps and profiles thereof, showing all grades, cute, fills, culverts, bridges, the owners of the land, with an estimate of the probable cost, with a view to enable said Commissioners to locate the roads to the best interest of the county. They shall have the right to take, by gift or purchase, on behalf ^wayf*1"0' of said county, rights of way, stone, timber, or other thing of value for the construction of the roads contemplated by this Act. They shall also have the right to avail them- selves of any help proffered by any "Good Eoads Associa- tion," the State or the general government, either in the way of expert assistance or financial aid, and may conform their methods to the requirements of such "Good Roads Association," the State or the general government, even to the abandonment of parts of any of the roads named in this Act, and the building of others ; Provided, the benefits to be gained to the county would justify them in doing so. They shall also make, or have made, plans and specifica- tions for the work to be done in the construction of such PIfiS18SSipeo"ron^s> to ^ *^e ^asis of contracts. They shall also have the right to reject and refuse to build any road on ac- count of the expense of construction or of procuring rights of way. Said Commissioners and surveying force shall have the right to enter and survey on any land in the coun- — 911 — ty, the county thereby being subject to none but actual damages. Said Commissioners shall have the right, as is now given ordinary Road Commissioners, to open or change the location of roads or parts of roads, condemn private property, and assess damage for any change they may de- cide to be necessary in the location of said roads. When the survey, maps, profiles, plans, specifications, and esti- mates have been made as to any road, and the Commission- ers have determined to build it, they shall advertise for sealed bids on the work as a whole, or in sections, for the grading, including the bridges and culverts, or for these separately, and shall give the contracts to the lowest re- sponsible bidder. They shall have the right to reject all bids and readvertise, or may buy stock, tools, machinery, etc., and have the work done under proper supervision by day's labor. They shall make all contracts for service, ma- terial, rights of way, etc., in writing. Those for rights of way shall be kept in the record book provided for in Sec- tion 6 of this Act. They shall require good bonds from contractors conditioned to comply with the contract. They may employ engineers to superintend the work. All work shall be done according to specifications in contract, and when so done shall be approved by the Commissioners and paid for, except that ten per cent of all estimates shall be withheld till the whole road, or that part of it under con- tract, shall be finished, and then all be paid for. Esti- mates and payments shall be made monthly on all con- tracts. Day's labor shall be paid for at stated times, fixed by the Commissioners. Sec. 6. Be it further enacted, That said Commission- organization of ers shall organize by electing a Chairman and a Secretary, ^°3™mi88lon- and shall keep in a well-bound book a complete record of all their transactions, which book, on the completion of the work, shall be deposited in the office of the County Court Clerk and kept with other records of said county; they shall hold their offices till the completion of the work for which they were appointed, but for inefficiency or cul- pable misconduct may, after ten days' written notice by the Judge or Chairman of the County Court, be removed by a two-thirds vote of said County Court. They shall keep a strict account of time engaged, services rendered, and expenses incurred, and shall certify to the same, and shall receive besides their expenses such compensation as the County Court may fix and allow for their services. They shall report to each term of the Quarterly Court in — 912 — detail the progress of the work and expenditures, and make Roads specified finft] report on completion of the work. Three Commis- sioners shall constitute a quorum, and they may fill va- cancies. Sec. 7. Be it further enacted, That the following shall be a list of the roads the building of which is provided for in this Act: 1. From Calhoun northwest down the river to or about the Meigs County line, about seven and one-half miles. 2. From Sanford northwest to or about the Meigs Coun- ty line, about seven and one-half miles. 3. From Riceville northwest to or about the Meigs County line, about eight miles. 4. From Athens toward Decatur to or about the Meigs County line, about nine miles. 5. From Athens northwest to or about the Meigs Coun- ty line, about eight miles. 6. From Niota northwest to or about the Meigs County line, about eight miles. 7. From Reagan toward Ten Mile to or about the Meigs County line, about nine miles. 8. From Reagan by or near Mt. Harmony, six miles. 9. From Niota to Tellico Junction, about seven and one-half miles. 10. From Athens towards Wetmore to or about the Polk County line, about thirteen miles. 11. From road Number Ten to Cambria, about two miles. 12. From road Number Ten to Grady, about two miles. 13. From road Number Ten down Ohestua Valley by or near Long's Mill, about four miles. 14. From road Number Ten to Tellico Junction, about five and one-half miles. 15. From Tellico Junction to or near Mecca, about seven miles. 16. From Tellio Junction southward, about two miles. 17. From Riceville southeast, about six miles. 18. From Calhoun toward Chestua Mills to or about the Polk County line, about five and one-half miles. 19. From Cambria up Conasauga Valley, about two and one-half miles. 20. From Grady into Conasauga Valley, about three miles. 21. From Athens up Eastannallee Valley or towards Madisonville, about eight miles. — 918 — 22. From Athens towards Sweetwater to or about the Monroe County line, about eleven miles. 23. From Athens to Calhoun, about fourteen miles. 24. Such other roads or parts of roads as said Commis- sioners deem necessary to make a complete system of the important roads of the county. All the roads named above as starting from Athens shall start from the courthouse square or from one of the im- proved roads that does start from said square. Sec. 8. Be it further enacted, That all the roads named above, except such as the Commissioners for good reasons, as provided for in this Act, decide not to build, shall have the best possible location, all things considered, so as to be of the most value to the traveling public ; and they shall have the lightest practical grades ; and they shall have width sufficient to amply accommodate the traffic over them; and their cross-sections shall be such , as experience has shown to be the best, looking forward to their being macadamized or graveled in the future; their drainage shall have a special care. They shall be firmed by rolling wherever the Commissioners deem it necessary. Sec. 9. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 11, 1905. E. EICE, Speaker of the Senate. W. K. ABEKNATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN I. COX, Governor. 58 — 914 — CHAPTER 431. Senate Bill No. 559. AN ACT to amend the game law of the State of Tennessee, Chapter 169,- of the Acts of 1903, so as to change the open season for certain species of game In Dyer County, Tenne Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Sub-section 2, of Section 3, of Chapter 169, of the Acts of 1903, be, and the same is hereby, so amended so that hereafter it shall be unlawful to shoot turkey hens except from November 1 to February 1, and turkey gobblers from November 1 to May 1, and it shall be unlawful for any person to kill more than five tur- keys in any one season, and it shall be unlawful for any one, even a licensed hunter, to kill turkeys for sale, or sell them, and it shall be unlawful for any merchant or other person to offer wild turkeys for sale. Sec. 2. Be it further enacted.. That Sub-section 7 of Section 3, of Chapter 169, of the Acts of 1903, be so amended that it shall be unlawful to shoot or kill or sell squirrels from January 1 to July 1. Sec. 3. Be it further enacted/ That it shall be a mis- demeanor for non-residents of the State to kill or trap coons, minks, or otter at any season of the year. Sec. 4. Be it further enacted, That for a violation of any of the provisions of this Act shall be a misdemeanor, and, upon conviction thereof, the person violating any of said provisions shall be fined not less than twenty-five nor more than fifty dollars, one-half of which shall be paid to the prosecutor. Sec. 5. Be it further enacted, That the provisions of this Act shall be applicable to Dyer County alone. Sec. 6. Be it further enacted, That all laws and parts of laws in so far as they conflict with thia Act are hereby repealed. Passed April 11, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN L COX. Governor. — 915 — CHAPTER 432. Senate Bill No. 617'. AN ACT to create the office of County Judge for Gibson County, Tennessee, and to define the powers and prescribe the quali- fications and duties of the County Judge. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the office of County Judge for Gibson County is hereby created, and that a person to fill said office shall be elected by the qualified voters of said county, in the same manner and at the same times now provided by law for the election of the Chancellors and Circuit Judges of the State ; said person shall be a citizen of said county and shall have resided in said county for at least five years prior to the date of his election ; he shall be at least thirty years of age ; he shall be learned in the law, and a licensed lawyer of at least five years actual practice in this State, and shall be a man of good moral character. Sec. 2. Be it further enacted, That upon the passage of this Act the Governor shall appoint a County Judge for FS ap^KtSd. Gibson County, who shall hold his office until the next gen- eral election held in said county, or until his successor is elected and qualified, and the person elected at said election shall hold his office until the next general election for Chan- cellors and Circuit Judges. Sec. 3. Be it further enacted, That said County Judge shall be commissioned in the same manner as other Judges of the State, and before entering upon the duties of the office he shall take and subscribe to the same oath and be qualified in the same manner prescribed by law for Chan- cellors and Circuit Judges of this State. Sec. 4. Be it further enacted, That the County Judge ^uruaiSton. herein created shall have and exercise all the powers, juris- diction, and authority which now belong to and are exer- cised by the Chairman of the County Court of said county, and he shall also have the same powers, jurisdiction, and authority now conferred by law upon County Judges, the office of Chairman of the County Court of Gibson County being hereby abolished. — 916 — Sec. 5. Be it further enacted, That the County Judge ^•uinfap-* of Gibson County shall have and exercise the same power point reoeiv- an(j ailthority now conferred by law upon the Chancellors and Circuit Judges of the State in granting all extraordi- nary writs, and he shall exercise this power and authority in the same manner as Chancellors and Circuit Judges ; he shall also have power and authority to appoint receivers, and in so doing he will be governed by the same rules and regulations provided for Chancellors and Circuit Judges; and he shall have jurisdiction to hear and determine cases upon writs of habeas corpus. Sec. 6. Be it further enacted, That all vacancies in the office of County Judge of Gibson Comity shall be filled in the same manner as vacancies in the offices of Chancellors and Circuit Judges ; and when from sickness or other caus- es said County Judge is unable to hold his court or attend to the duties of his office, temporary appointment shall be made to fill his office in the same manner as now prescribed by law for Chancellors and Circuit Judges under similar contingencies. Sec. 7. Be it further enacted, That the salary of the compensation. County Judge of Gibson County shall be one thousand ($1,000) dollars per annum, and the same shall be paid quarterly out of the general funds of the county. Sec. 8. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 13, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 14, 1905. JOHN I. COX, Governor* — 917 — CHAPTER 433. Senate Bill No. 500. A BILL to be entitled An Act to incorporate the territory and inhabitants of the Twentieth School District of Hamilton County into a town under the name and style of Taxing Dis- trict of St. Elmo, and to define its rights and powers. Section 1. Be it enacted by the Oeneral Assembly of the State of Tennessee, That the territory and the inhabi- tants thereof within the following described boundaries, being the boundaries of the Twentieth School District of Hamilton County, as at present constituted — to-wit : Beginning at a point where the Georgia State line Boundaries, crosses the eastern brow of Lookout Mountain; thence northwardly along said brow to the old Lookout Mountain (or Whiteside) Pike; thence down said pike to where it crosses the section line that forms the northern boundary of the Forest Hills Cemetery; thence eastwardly along said section line to the eastern boundary of the Forest Hills Cemetery; thence southwardly along said eastern boundary of Forest Hills Cemetery and crests of the hills and ridges to Chattanooga Creek ; thence down said creek to where it crosses the Georgia State line ; thence westward- ly along the State line of Georgia to the beginning, are hereby erected into an incorporated town and constituted a body politic and corporate under the name arid style of Taxing District of St. Elmo. By said name they shall have perpetual succession ; may sue and be sued ; may contract and be contracted with ; and may acquire and hold property — real, personal, and mixed — and dispose of the same for the benefit of said corpora- tion. Sec. 2. Be it further enacted, That the government of Government said Taxing District of St. Elmo be, and the same is here- SffiSS™1" by, vested in three Commissioners, to be elected or ap- pointed as hereinafter directed, one of whom shall be elect- ed Mayor by said Commissioners, whose duty it shall be to preside at all their meetings, if he shall be present. Each of said Commissioners shall be a bona fide citizen, resident of and freeholder within the boundaries of said — 918 — corporation, and shall have been such for three months next preceding his election or appointment, as hereinafter provided. A majority of said Commissioners shall consti- tute a quorum for the transaction of business Said Commissioners shall also elect one of their number Treasurer. Treasurer of said corporation, whose duty it shall be to re- ceive all moneys belonging to said corporation arising from taxation, fines, or otherwise, and deposit the same in some responsible bank in the City of Chattanooga, Tennessee, and disburse the same upon vouchers, signed by at least two of said Commissioners. Before entering upon the dis- charge of his duties the Treasurer shall give bond, with good security, for the faithful performance thereof in an amount to be fixed by the Mayor by order made and en- tered by him in the Town Minutes, which amount shall be, as near as he can estimate, equal to the sum of money which will be in the hands of the Treasurer at any time during his term of office. Sec. 3. Be it further enacted, That F. A. Seagle, Arch Fi?on^mmU~ Faidley, and W. S. Griscom, who are bona fide citizens, residents of and freeholders of said town, are hereby ap- pointed Commissioners of said town, who shall hold their office until the first Tuesday of April, 1906, and until their successors are elected and qualified, and in the event either of said Commissioners shall fail or refuse to qualify or his office become vacant, the other two Commissioners shall elect his successor to fill out the unexpired term. On Elections ^e first Tuesday in April, 1906, and every two years there- after, there shall be held an election in said town for the purpose of electing three Commissioners for the govern- ment of said town, who shall hold their office for two years, or until their successors are elected and qualified. In the event of any vacancy in the offices of said Commissioners, the two remaining members shall fill such vacancy until the next regular election. At any time any Commissioner shall cease to be a bona fide citizen, resident of and free- holder in said town, it shall be the duty of the other Com- missioners to declare . his office vacant and elect his suc- cessor. Said Commissioners shall serve without compen- sation; Provided, that nothing herein shall prevent the Treasurer from being paid the reasonable and actual ex- pense of making bond as such. serai m t- ^a^ Commissioners shall hold regular meetings for the ing.Mm transaction of general business on the third Tuesday of April, July, October, and January of each year, and may — 919 — hold special meetings at such times as the Mayor, or a ma- jority of said Commissioners, may decide, notice of which shall be given to all the Commissioners if practical. Said Commissioners and the other officers of said town, hereinafter provided for, shall, before entering upon the discharge of their duties, take and subscribe an oath to honestly and faithfully discharge their duties as such officers. Sec. 4. Be it further enacted, That said corporation, by its said Commissioners, shall have power : (1) To adopt, have, and use a common seal. (2) To enact such laws and ordinances as may be neces- sary and proper to preserve the health, quiet, and good or- der of said town. (3) To prevent and abate nuisances. (4) To impose and collect fines and penalties for the violation of its ordinances. (5) To elect and employ a Town Marshal to preserve the peace and enforce the ordinances and by-laws of said town, who shall be paid as may be fixed by ordinance of said town. (6) To punish by fine or imprisonment, or both, all vio- lators of its ordinances, and to elect a Kecorder, being a citizen and resident of said town, before whom all offend- ers against the ordinances of the town shall be tried, and who shall collect and pay over to the Treasurer all fines assessed and collected by him. His compensation shall consist of fees collected by him, and which fees shall be fixed by the ordinances of said town. (7) To provide for the organization and regulation of fire companies. (8) To regulate gas, water, electric light, and street rail- way companies within said town. (9) To establish and maintain a system of public schools the control and management of which shall be vested in a Board of three School Directors, who shall be elected at the same time the town Commissioners are elected, and who shall serve until their successors are elected and quali- fied ; Provided, that the present School Directors of the Twentieth School District of Hamilton County — to-wit; Charles Watson, Jr., C. T. Martin, and Nelson Adams — are hereby appointed School Directors of said town, and shall hold office until the first Tuesday in April, 1906, and until their successors are elected and qualified. — 920 — (10) To acquire, hold, and improve real estate for cor- poration and school purposes ; Provided, that all contracts for the erection of public buildings shall be let to the low- est responsible bidder, after having advertised for such bids for ten days in some newspaper published in the City of Chattanooga, Tennessee. (11) To levy and collect taxes jipon all property and privileges within the limits of said town which are or shall be taxable by the laws of the State ; Provided, that no levy shall- be made on real or personal property to exceed sixty cents on the one hundred dollars valuation- of said prop- erty as assessed for State and county taxation, the county assessment to be taken as the basis of taxation ; Provided, further, that at least seventy-five per cent of all taxes shall be set aside as a public school fund and used only for pub- lic school purposes. (12) To enact all laws and ordinances necessary and proper to enforce the powers granted and not inconsistent with the Constitution and laws of the United States or the State of Tennessee. Sec. 5. Be it further enacted, That the title to the school lot, schooihouse, and other school property of the Twentieth District of Hamilton County is hereby vested in said Taxing District of St. Elmo, and said Taxing Dis- trict shall be entitled to its pro rata of the State and county school fund under the general laws. Sec. 6. Be it further enacted, That for the purpose of erecting and equipping a public schooihouse or houses and improving its school grounds said corporation is hereby authorized and empowered to borrow a sum of money not exceeding ten thousand dollars, for which it may execute its note or notes and secure the same by mortgage or deed of trust upon any real estate held by it for school purposes and the buildings thereon. Said note or notes, and the mortgage or deed of trust securing the same, shall provide for the payment of the money so borrowed in not exceed- ing twelve years in equal annual installments with interest on said installments at a rate not exceeding six per cent per annum, and may contain such terms and conditions as said town Commissioners may deem best to accomplish the end in view not inconsistent with the general laws of the State or this Act The money so borrowed shall be used for the purpose in this section stated, and for no other purpose. — 921 — Sec, 7. Be it further enacted, That nothing in this Act shall be construed to render said corporation liable in re- spect of the public roads and streets within said town, but said roads and streets shall be county roads and the general road laws applicable to the unincorporated portions of Hamilton County shall apply to and operate within the territory included within said town in all respects as if said town were not incorporated. Sec. 8. Be it further enacted, That it shall be the duty of the Board of Election Commissioners of Hamilton County to open and hold an election at some convenient place in said town, after having given ten days' previous notice by written advertisement posted in at least three public places in said town, and also notice in some news- paper published in the City of Chattanooga, Tennessee, for the purpose of electing three Commissioners and three School Directors hereinbefore provided for. Said election shall be held on the first Tuesday of April every two years, the first to be held on the first Tuesday of April, 1906. At said election all bona fide male citizens above the age of twenty-one years, who shall have resided in said town for sixty days next preceding said election, and all male non- resident freeholders within said town above the age of twenty-one years, and who shall have l>een such freeholders for sixty days next preceding the election, shall be qualified voters in said town ; Provided, they have complied with the general laws of the State in reference to the qualifica- tion of voters. "... . ' '* The three persons receiving the highest number of votes for town Commissioners and School Directors respectively at said election, shall be declared elected for the term hereinbefore provided, and receive a certificate of election from the officer or officers charged with the duty of hold- ing said election. 'Sec. 9. Be it further enacted, That the Town Marshal, in connection with such other duties as may be imposed upon him by ordinances of said town, shall be charged with the collection of such corporation taxes as may be imposed by said corporation, and shall give bond for the faithful performance of his duties in such sum as may be prescribed by ordinances of said town. Sec. 10. Be it further enacted, That before this Act shall become effective the question of incorporation shall be submitted to a vote of the legally qualified resident vofc ers of said territory at an election which the Election Com- — 922- missioners of said county are hereby required to hold with- in said territory within sixty days after the passage of this Act If a majority so voting Bhall vote for incorporation then this Act shall become effective, but if less than a ma- jority so voting shall vote in favor of incorporation then this Act shall not become effective. Sec. 11. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare requir- ing it. Passed April 11, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHT, Speaker of the House of Representatives. Approved April 14, 1905. JOHN L COX, Governor. CHAPTER 434. House Bill No. 905. AN ACT to authorize the City of Lawrenceburg, a municipal cor- poration created and organized under an Act of the General Assembly, being Chapter 457, of the Acts of 1901, passed April 12, 1901, and approved April 20, 1901, to construct and operate an electric light and power plant and waterworks, and to Issue bonds to pay for same, and to provide for payment of said bonds and Interest on same. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the City of Lawrenceburg, in Lawrence County, Tennessee, a municipal corporation created and organized under Acts of the General Assembly, Chapter 457, Acts of 1901, passed April 12, 1901, and approved April 20, 1901, be, and the same is hereby, au- thorized and empowered to construct and operate a water power plant, electric light plant, and waterworks for the purpose of furnishing lights, power, and water for munic- ipal purposes for the City of Lawrenceburg, and also for the purpose of furnishing lights, water, and electric power to private consumers within the corporate limits of said city, and to private consumers without the limits of said city, but within one mile of the limits thereof; said lights, water, and power to be furnished to such private consum- ers at such prices as may be agreed upon by the city and said private consumers. Sec. 2. Be it further enacted* That the City of Law-city may •©- renceburg may acquire suitable sites within or without the <*Dlre,l,eB- city limits for the purpose of constructing suitable dam for water power purposes, and may erect a water power plant, and may convert this power into electricity and convey same to the city and private consumers, and may require suitable pumping station, and to construct a water system, and may convey its electrical power to said water station for the purpose of operating the pump, and may do all other thingB necessary for the purpose of erecting, operat- ing, and maintaining a complete light, power, and water plant for the City of Lawreneeburg, to meet the public of the said city and also for the purpose of furnishing pri- vate consumers with power, light, and water within said city or within one mile of the limits thereof ; it may take and appropriate such lands and grounds as may be neces- sary for the location of its plants and for the right of way for wire lines, water mains, and other devices that may be necessary in conveying its electric currents and water from the same to points of distribution. Sec. 3. Be it further enacted, That if it should be-iuy condemn come necessary to condemn any private property for the propCTty- uses set out in Section 2 of this Act the City Council of Lawreneeburg shall first, by ordinance, determine the property necessary for such use and shall direct the Mayor of the city to proceed in the name of the City of Lawrence^ burg to have said property or right of way appropriated, as provided for taking private property for works of in- ternal improvements by Sections 1549 to 1571 of Milli- ken and Vertrees' compilation of the Statutes of Tennes- see. Sec. 4. Be it further enacted, That for the purpose ofMgy1"™ acquiring suitable property and installing said power, light, and waterworks plants the City of Lawreneeburg is hereby authorized to issue and sell negotiable, interest- bearing coupon bonds not to exceed in the aggregate the sum of twenty-five thousand ($25,000) dollars. Said bonds to bear not over six per cent interest per annum, the interest to be paid annually or semi-annually, and at such fixed time and place as the City Council may — 984 — Election to be flnt held. by ordinance provide. Said bonds shall run for twenty (20) years, but same or any part of same shall be re- deemable at any time after ten years at the option of the city. Said bonds denominated "power," "light," and "waterworks" bonds of the City of Lawrencebuig, and shall be in such form and of such denominations as the City Council shall provide, but no bond of a less denomination than $100 nor greater than $1,000 shall be issued. None of said bonds shall be sold by the city for less than their. face value. The same shall be signed officially by the Mayor and city Secretary, and shall bear the corporate seal of the city. Sec. 5. Be it further encoded, That no bonds shall be issued under the provisions of this Act until their issuance has been authorized by a five-eighths vote of the legal voters of the City of Lawrenceburg voting at an election to be held to determine the question. Said election to be au- thorized and day fixed by ordinance passed by City Coun- cil, which election shall be held under the same rules and regulations and by the same officers whose duties it would be to hold city elections for members of the City Council Those voting in said election who are in favor of the issu- ance of bonds shall have written or printed on their ballots the words, "For Bonds," and those opposed, "Against Bonds." The officers holding said election shall make due certifications of the results thereof to the Mayor of the city, and if five-eighths of those voting in said election shall be in favor of the issuance of the bonds the same may be issued by the City Council. If at any election under the provisions of this Act the proposition to issue bonds be defeated, the proposition may be by ordinance, under the provisions of this Act, resubmitted to the voters of the city at any time after the expiration of twelve months from the date of the last election on the proposition. Sec. 6. Be it further enacted, That if bonds are issued " alight UBder t*16 provisions of this Act they shall be valid and " binding debt of obligation against the City of Lawrence- burg, and the City Council is hereby authorized and em- powered to levy and collect annually, beginning with the year following the issuance of said bonds and continuing while said bonds or any of them are outstanding, a special tax on all the taxable property situated in the corporate limits of the said City of Lawtenceburg, and taxable under the laws of the State of Tennessee for corporation pur- poses, and to levy and collect a special privilege or license Ballots. 1 water — 925 — tax upon all pursuits, avocations, and businesses carried on within the corporate limits of said city required by the law cf the State to pay privilege tax to the State, buf the privi- lege tax herein authorized shall not exceed the rate or amount of privilege tax on such business for State purposes. Said tax shall be levied and collected for the purpose of meeting the interest on the bonds as the same becomes due, and shall be used exclusively for said purpose, except as hereinafter provided. The same shall be designated as water and light tax, and shall be kept separate from the other funds of the city, except as hereinafter provided. Sec. 7. Be it further enacted, That all revenues de- Revenues from rived from the operation of said light, power, and water expended* plants shall be kept under a separate account by the city and shall be applied first to ths-coat of operating and main- taining said plant and making such extensions of same as may be deemed necessary or advisable by the City Council, and any surplus from said revenues after meeting the above obligations shall be used for paying the interest on said bonds, and if such surplus should prove to be sufficient to meet the interest on said bonds no special taxes for interest as provided for in Section 6 of this Act shall be levied ; Provided, that if the revenue derived from the operating of said plants should at any time be insufficient to meet the expense of operating and maintaining: said plants the spe- cial tax authorized in Section 6 of this Act may be levied large enough to cover this deficiency, and after paying in-' terest on bonds as provided for in Section 6 the surplus of said special tax may be applied to the cost of operating and maintaining said plants; and Provided further, that any of the funds of the city otherwise unappropriated may, if deemed advisable by the City Council, be applied to either of -interest on the bonds or to cost of operating and maintaining said plants. Sec. 8. Be it further enacted. That the City Council Sinkillg fund may, and the same is hereby empowered to, provide by or- ***• dinance for a sinking fund to pay said bonds at maturity, or at such time as they may be paid at the option of the city. A special tax may be levied for this purpose and to this may be added any surplus that may arise from the revenues derived from operating said plants after said rev- enues have met the expenses and interest charged against them in this Act. The City Council may properly safe- guard this sinking fund and shall provide, by ordinance, creating same for its safe investment, and all income de- — 986 — rived from same together with accretions to same by taxes or otherwise shall be carefully preserved and held to meet the payment of said bonds aforesaid. Sec. 9. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 13, 1905. W. K ABERNATHY, Speaker of the House of Representative*. E. RICE, Speaker of the Senate. Approved April 14, 1905. JOHN I. OOX, Governor. CHAPTER 435. House Bill No. 1007. AN ACT to amend An Act entitled "An Act to incorporate the Town of Cookeville, In Putnam County, Tennessee, and to pro- vide for the government thereof; to establish a School Dis- trict therein; to authorize said corporation to issue bonds for corporation purposes; to provide for the election of officers and prescribe their duties, and for other purposes;" it being Chapter 542, of the Acts of 1903, to amend Section 1 of Article 2 of said Act, so as to more perfectly define the boundaries of the corporation of the Town of Cookeville, Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 1 of Article 2, Chap- ter 542, of the Acts of 1903, it being an Act to incorporate the Town of Cookeville, in Putnam County, Tennessee, be, and the same is, so amended as to strike out all of Section 1 of Article 2 and insert in lieu thereof as follows : "Begin- ning at or near John Caruthers' northeast corner, it being also William McCann's northwest corner on the south side of Cookeville and Monterey Road, and running thence north seventy-two poles to a point directly east of the Den- ton northeast corner; thence west, passing said Denton corner at thirty-five poles, also passing A. P. Barnes* cor- ner at fifty poles, in all seventy-six poles, to the northwest corner of the Denton tract ; thence north, crossing the Fer- rell lane at seventy-nine poles, in all eighty poles, to R Smith's south boundary line; thence east with the said — 927 — wrath boundary line poles to his southeast corner; thence north with his east boundary line fifteen poles to a stake; thence west poles to a stake and to a point opposite where said line crosses the said Ferrell lane; thence north one hundred and forty-five poles to the said R. Smith's north boundary line; thence west with said north boundary line fifty-eight poles to the east side of the Cookeville and Hillman Eoad; thence north with the east side of said road twenty poles to a stake; thence west, passing the northwest corner of the Lee tract (now owned by 0. A. Reagan) at two poles, in all fifty-eight poles, to the west boundary line of the Slaugh- ter tract (now owned by said Eeagan) ; thence north with said west boundary line, crossing the Tennessee Central Railroad at fifty-seven poles, and passing J. Whitson's southeast corner fifty-nine poles, in all seventy-nine poles, to the center of the old Walton Road ; thence west with the center of said road ten poles to a stake, the said J. Whit- son's northwest corner; thence south with his line sixteen poles to a rock, the corner of said Whitson and E. D. Sta- ley; thence west with the said Whitson's north boundary line seventy-three poles to a rock on the west side of the Cookeville Road leading by the "Burnt Stand ;" thence south thirty-four degrees east with the west side of said road forty-four and one-half poles to a stake, where the branch crosses said road ; thence south on the west side of said road forty-six poles to J. Whitson's northeast corner of the Freeze tract ; thence west with the north boundary line of said tract fifty-five poles to the northwest corner of said tract ; thence south thirty-two poles to a stake in the west boundary line of said Freeze tract ; thence west, passing W. L. Stewart's northeast corner at seventy-three poles, and crossing Stewart Street at one hundred and eight poles, in all one hundred and thirty-three poles to a stake; thence south, crossing the public road and passing Bailey Jones' northwest corner at twenty-nine poles, in all one hundred and seventy-four poles to a stake on the north ride of the Cookeville and Chestnut Mound Road ; thence west with the north side of said road fourteen and one-half poles to a stake; thence south, crossing the Tennessee Cen- tral Railroad at twenty-six poles and passing C. J. Davis' northwest corner, and crossing the Cookeville and Buffalo Valley Road, at one hundred and fourteen poles, in all one hundred and forty-eight poles, to Bud Nuchols' north boun- dary line ; thence east, passing W. L. Ray's corner at five — 928 — poles, in all seventy-five poles to the west side of the Cookeville and Smithville Road; thence south with the west side of said road twelve poles to a stake; thence east, crossing said road and running with R O. Gentry's north boundary line thirty poles to his northeast corner, the same being twenty poles west of the street running on the west side of the cemetery; thence south with the said Gentry's east boundary line and J. F. Scott's west boundary line, crossing the road at eighty-three poles, in all ninety-nine poles to J. B. Barnes' northwest corner; thence east with his north boundary line eighty-ljiree and one-half poles to the east side of the road intersecting the road passing J. B. Barnes' ; thence north with the east side of said road ten poles to a stake in R. B. Capshaw's line ; thence west on the north side of said road six poles to a stake; thence north on the east side of said road three poles to a stake ; thence north on the east side of said road thirty-five poles to a stake in R. B. Capshaw's west boundary line ; thence east, passing Holladay's southwest corner at thirty-one poles, in all fifty poles, to said Holladay's southeast cor- ner in J. H. Dowell's west boundary line; thenee north with his line twenty-seven and one-half poles to a stake, the same being within fourteen poles of Stephen's south- west corner ; thence south 72 degrees east, running parallel with said Stephen's south boundary line forty-seven and one-half poles to the east side of the Cookeville and Bun- ker Hill Road ; thence east fourteen poles to a stake ; thence north nine degrees east twenty-four poles to Capshaw's south boundary, now occupied by J. H. Capshaw; thenee east with the said Capshaw line, passed R E. L. Profitfs southwest corner at thirteen and one-half poles, passing the south end of the alley west of the J. Whitson and I. Dyer addition at ninety-one poles, also passing the south end of Whitson Street at one hundred and eight poles, in all oiie hundred and twenty-three poles to a stake in R. B. Capshaw's west boundary line of the Wheeler tract, the same being in the east side of the alley on the east side of J. Whitson and I. Dyer addition; thence north 16 degrees west with the said Capshaw's line, eighty-two poles to the south side of the Cookeville and Sparta Road ; thence south 83 degrees east on the south side of said road thirty poles to a stake; thence south 69 degrees east with Capshaw's line thirty poles to a stake in the southwest corner of the Douglass addition, also on the east side of TJnion Street at the south end of same; thence north, passing the — 929 — east end of Woodland Street at thirty-eight poles, in all, to a stake fifty feet east of the southeast corner of Lot No. 5, in Block No. 5, of the Douglass addition; thence east forty-two poles to the east boundary line of the Douglass land ; thence north thirty-five poles to the beginning. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 12, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 14, 1905. Speaker of the Senate. JOHN L COX, Governor. CHAPTER 436. House Bill No. 953. AN ACT to Incorporate the Town of Allen's Creek, in the Coun- ties of Wayne and Lewis, in the State of Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the territory in the Counties of Wayne and Lewis, in the State of Tennessee, bounded and described as follows — viz. : Beginning at the corner of Wayne and Lewis Counties, on the north boundary line of Entry No. 45, in the name of A. G. McDougal, on a hillside ju3t west of the iron ore washer in Perry Hollow; running thence west with the McDougal line and the county line eighty-four (84) poles to a point in the east boundary line of an entry in the name of David Voorhies, now Warner lands ; thence with the Warner line south thirteen (13) poles to the southeast corner of said Warner lands ; thence west ninety- five poles to another corner of said Warner lands ; thence south thirteen and one-half (13£) poles to another corner of said Warner lands ; thence west one hundred and twelve (112) poles to the southwest corner of said David Voor- 59 — 980 — hies' entry; thence north with Voorhies' west boundary line fifty-two and one-half (52£) poles to a point in the road; thence west eighty-eight poles to a hickory on the south side of an old road; thence south five hundred and sixty (560) poles to a small Spanish oak; thence east three hundred and seventy-six (376) poles to a point in the west boundary line of Charles Brewer's land; thence north forty-one (41) poles; thence north seventy-six (76) degrees, east one hundred and forty-three (143) poles, to the northeast corner of Charles Brewer's land, on the coun- ty line between Wayne and Lewis Counties; thenoe with said county line north three (3) degrees west five hundred and eighteen (518) poles to a point; thence west with Haggard and Boyd's line ninety-five (95) poles to a point; thence south sixty-six poles to the point of begin- ning; be, and the same is hereby, constituted a municipal corporation under the name and style of "Allen's Creek," by which name said corporation shall be known. Sec. 2. Be it further enacted, That the corporation hereby created shall have all the rights and powers, and be subject in all respects to the laws of this State relating to, authorizing the organization of, and applicable to municipal corporations under the general laws of this State. The intent of this Act being that the powers and liabilities of said corporation of "Allen's Creek," the num- ber and style of its officers, the election of its officials, their duties and terms of office, and all the relations of said cor- poration, with its members, and with others, shall be the same as if said corporation had been organized under the provisions of the general laws of the State of Tennessee. And all provisions of law now in force applicable to municipal corporations under the general laws of this State shall be applicable to the corporation hereby created. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed. April 13, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. BICE. Approved April 14, 1905. Speaker of the Senate. JOHN I. COX, Governor. — 931 — CHAPTER 437. House Bill No. 929. AN ACT to authorize the City of Dayton to Issue bonds for the purpose of constructing and furnishing school buildings, pur- chasing a site, and for other purposes. Section 1. Be it enacted by the Oeneral Assembly of the State of Tennessee, That the Board of Mayor and Aldermen of the City of Dayton be, and is hereby, au- thorized and empowered, in its corporate capacity, to issue its bonds, signed by the Mayor and countersigned by the Recorder of said municipal corporation under the corporate seal, to an amount not exceeding twelve thousand dollars ($12,000). Said bonds and interest shall be payable in lawful money of the United States ; Provided, that before any bonds are issued under this Act the Mayor shall, after giving twenty days* notice, submit the question to the qualified voters of said city, and unless a majority of those voting shall vote for said bonds, same shall not be issued. The election herein provided for shall be held in the same manner and under the same restrictions as are required in elections for Aldermen of said city. Those favoring the issue of said bonds shall have written or printed on their ballots the words, "For Bonds;" those opposing the issue of said bonds shall have written or printed on their bal- lots the words "Against Bonds." Tickets for said election shall be 3 x 7 inches or within the variations allowed by the general election law of the State of Tennessee. Sec. 2. Be it further enacted, That the bonds herein Denomination, authorized may be executed in denominations of $100 or gJ>™|8toe™' multiples thereof, no single bond to exceed $500, and shall run for a term of twenty years from the date of is- suance thereof, and shall bear a rate of interest not ex- ceeding five per cent, payable semi-annually with semi- annual coupons attached, and shall in no case be sold for less than par, and that no commission shall be allowed for the sale of said bonds ; Provided further, that the said city may at the option and by direction of the said Board of Mayor and Aldermen purchase, retire, and cancel any bond outstanding at the market price; Provided further, that the series of bonds issued under this Act shall be known as the "Public School Bonds," of the City of Day- ton, of 1905, and shall be used exclusively for the follow- ing purposes: For purchasing a site in the name of the City of Dayton, and constructing a school building or buildings thereon, and for the equipment of said building when so constructed or erected, with such furniture as may be necessary and as the amount of funds will allow, improving said grounds, etc. And Provided further, thai the site for said building shall be located on the block fronting on the east side of Market Street and north side of Fox Street and south of Gardenings Spring Brand and west of Washington Street in said city. Sec. 3. Be it further enacted, That it shall be the ^eeunterest ^uty °^ ^e Board of Mayor and Aldermen of said City of and linking Dayton, for the year of 1905, and for each succeeding year thereafter until said bonds are redeemed and cancelled, to make provision by tax levy for the interest to become due on said bonds and for sinking fund for their redemp- tion, and said Board is hereby authorized to levy for these purposes a special tax of not exceeding twenty-five cents on the one hundred dollars of taxable property in said city in addition to the amount that can now be levied under the charter powers of said city. And in addition to the foregoing said Board is hereby further authorized to use for these purposes from the revenues of said city an amount not to exceed ten cents on the one hundred dollars as levied, previous to the passage of this Act, and not ex- ceeding twenty-five per cent of the revenues arising from privileges and ad valorem taxes. Sec. 4. Be it further enacted, That a Commission is commiMion hereby created, consisting of H. C. Benson, I. J. Brewer, named. an(j jj. ]£, Therman, who shall be known as "Koad Com- mission ;" said H. C. Benson to be chosen of said Com- mission and whose duty it shall be to sell the bonds herein provided for, purchase the site herein located, erect thereon the building or buildings, and make other necessary im- provements; Provided, that the term of service, compen- sation, manner of making settlement of their accounts. etc., of said Commissioners, shall be fixed by the Board of Mayor and Aldermen, but in no case shall the settlement and accounting for the proceeds of said bonds be deferred longer than sixty days after the completion of the building or buildings and equipment thereof; Provided further, — 933- fehat said Commission shall take an cath and give bond in 3.uch sum as the Board of Mayor and Aldermen may direct £ot the faithful discharge of their duties. All vacancies i^i said Commission, resulting from whatever cause, shall be filled by appointment of the Mayor with the approval of the Board of Aldermen. Seo. 6. Be it further enacted, That the Board of IMayor and Aldermen of said City of Dayton shall make sruch arrangements for the proper handling and safe- keeping of the revenues arising from the interest and sink- ing fund provisions of this Act as in their wisdom they may deem necessary, and shall make such other provisions sur may be necessary to aid the Bond Commissioners in the discharge of their duties under this Act ; Provided further, that all compensation and expense of said Commission shall l*e paid out of the general funds of the city. Skc. 6. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it. Passed April 13, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 14, 1905. JOHN I. COX, Governor. CHAPTER 438. House Bill No. 949. AM ACT to amend Chapter 105, of the Acts of the General As- sembly of the State of Tennessee, passed April 2, 1897, and approved April 9, 1897, so as to include all towns having a population of 6,000 or more. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 105, of the Acts of 1897, passed April 2, 1897, and approved April 9, 1897, be amended by striking out from the fourth line of Sec- tion 1, of said Act, the figures "20,000" and by inserting in the place thereof the figures "6,000." — 934 — Sec. 2. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it Passed April 13, 1905. W. K ABERNATHY, Speaker of the House of Representative*. E. HICE, Speaker of the Senate. Approved April 14, 1905. JOHN I. COX, Governor. CHAPTER 439. House Bill No. 262. AN ACT to protect landowners and game in Warren County. Section 1. Be it enacted by the General Assembly of\ the State of Tennessee, That the game and song birds in [ Warren County are the property of the owners of the land ! on which they may be found. Sec. 2. Be it further enacted, That it shall be unlaw- ful for any person to hunt, shoot, trap, kill, or destroy any game of any kind or nature whatever, or any song birds, upon the tillable or enclosed lands of another, except by the consent of the owner of said land or his duly authorized agent; Protected, (1) that no person shall be arrested or punished for said offense except at the instance of the owner of the land, or, if the land be rented, at the instance of the owner or renter ; Provided further, that all prosecu- tions for said offense shall be commenced within thirty days next following the commission of said offense. Sec. 3. Be it further enacted, That any person con- victed of said offense by a Justice of the Peace upon a war- rant issued at the instance of the owner or renter, as speci- fied in Section 2 of this Act, within the said thirty days after the commission of said offense, shall be fined not less than two ($2) nor more than twenty-five dollars (»$25) and costs of prosecution, the fine to be made a part of the public school fund. Sec. 4. Be it further enacted f That any defendant aggrieved by the decision of said Justice of the Peace shall — 935 — lave an appeal to the next term of the Circuit Court of iVarren County, upon his giving appearance bond in the turn of two hundred dollars. Sec. 5. Be it further enacted, That the open season °pen SCMon* >r time when game may be lawfully shot and killed by any me on his own land in said county, or upon the unen- closed, non-tillable lands of another, or upon the tillable 3r enclosed lands of another with his consent, shall be as follows : Rabbits, all seasons ; ducks, geese, and other wild fowl — such as brant, swan, etc. — October 1 to April 15; turkeys, pheasants, quail, and partridges, from November 1 to March 1; deer, from November 1 to January 1; doves, August 1 to March 1. Any other game not herein specified, September 1 to March 1. Sec. 6. Be it further enacted, That it shall be un- lawful for any person at any time to kill any song birds in said county. Sec. 7. Be it further enacted, That any person con- victed of killing song birds at any time, or of hunting, shooting, or killing any game at any other time than that provided in Section 5, of this Act, upon a trial in the Cir- cuit Court as in case of other misdemeanors, or upon sub- mission before a Justice of the Peace of said county, sh^ll be fined not less than five nor more than twenty-five dol- lars for each offense, the fine to become a part of the public school fund of said county. Sec. 8. Be it further enacted, That it shall be lawful for any person to hunt, shoot, or kill any hawks, owl, crow, buzzard, blackbird, or sparrow, and squirrel, within said county, at any time, without permission of the person upon whose land said hawk, owl, crow, buzzard, blackbird, or sparrow is found ; said birds being deemed injurious. Sec. 9. Be it further enacted, That during the open season for hunting such game, it shall be lawful for any person to hunt wild fowl on the streams of said county, without permission from any one. Sec. 10. Be it further enacted, That it shall be lawful for any person, during the open season for the hunting of such game, to trap for same upon his own land; and all persons under the age of twenty-one years may trap for any of such game upon the lands of their parents, during said open seasons, but such game shall not be trapped for market. — 936 — Minora may Sec. 11. Be it further enacted, That any person under tr*p twenty-one years of age may trap for game on the lands of another, with his consent. Sec. 12. Be it further enacted, That no gun larger than eight-gauge, nor with barrel longer than thirty-six inches, shall be used. Sec. 13. Be it further enacted, That for the commis- sion of any offense hereinbefore specified, but for which no penalty has been hereinbefore specified, any said of- fender shall be fined, on trial in the Circuit Court as in case of other misdemeanors, or on submission in trial be- fore a Justtee of the Peace of said county, not less than one nor more than ten dollars, for each offense, the fine to be paid into the public school fund of said county. Sec. 14. Be it further enacted, That nothing in this Act shall be construed to prohibit the chasing of foxes in said county. Sec. 15. Be it further enacted, That all persons tres- passing upon the lands of another shall be liable for the full amount of damages they may commit Sec. 16. Be it further enacted, That so much of Chap- ter 169, of the Acts of 1903, or Chapter 91, of the Acts of 1901, as may be in conflict with this Act, be, and the same are, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 12, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate Approved April 14, 1905. JOHN I. COX, Governor. — 937 — CHAPTER 440. House Bill* No. 980. . BILL to be entitled An Act to authorize the Board of Mayor and Aldermen of Bolivar to issue bonds for the purpose of erecting an electric light and waterworks system and plant. Section 1. Be it enacted by the General Assembly of he State of Tennessee, That the Board of Mayor and Udermen of the Town of Bolivar, a municipal corporation ocated in Hardeman County, Tennessee, be, and it is lereby, authorized to issue twenty thousand ($20,000) lollars of coupon bonds in the manner and under the re- striction hereinafter provided, to be used for the purpose >f building, maintaining, and operating an electric light ind waterworks plant and system for said town. Sec. 2. Be it further enacted, That said bonds shall How Usued be issued on the order of the Mayor and Board of Alder- men of said town ; shall be signed by the Mayor and coun- tersigned by the Recorder; and that the bonds issued under this Act shall be of such denomination, bear such a rate of interest per annum not to exceed six (6) per <*nt, and mature at such time and places as the corporate authorities may determine. Said bonds and interest shall be payable in the lawful money of the United States. Sec. 3. Be it further enacted, That none of the bonds provided for in this Act shall be sold for less than par, and the coupons payable semi-annually, when due, shall be receivable for all taxes and dues to the corporation, except the school tax and the tax to pay the bonds herein pro- vided for and the interest on same, and the sinking fund of same. Sec. 4. Be it further enacted, That said Mayor and Interest and Aldermen shall each and every year levy a tax not to ex- joking fund oeed fifty (50) cents on the one hundred ($100) dollars upon all taxable property and privileges of said town, to pay the interest on such bonds as may be issued hereunto, and to provide a sinking fund to pay or redeem said bonds *t or before maturity. The sinking fund to be used ex- clusively for the purposes levied. Disposition of bonds. Sinkloi may ?pst<*d. ig fond beln- Custody »nd care of sink- ing fund. — 938 — Sec. 5. Be it further enacted, That upon the issuance of the bonds under this Act the Treasurer of said town shall receipt for and receive them and proceed to dispose of them to the best interest of the town, under the direction of the Board of Mayor and Aldermen, and subject to their approval, and shall keep the funds arising therefrom as a separate and sacred fund .to be used only for the pur- pose of buying sites and erecting and building and equip- ping an electric light and waterworks plant within said town for the purpose of lighting its streets, alleys, public buildings, and to sell lights, water, and power to individual firms and corporations; Provided, he shall enter into a special bond to be approved by the Mayor, in double the amount likely to come into his hands, of the funds collected under the provisions of this Act, for the faithful handling, safe-keeping, properly paying over, and accounting for such funds, with good and solvent surety, and payable to the Town of Bolivar. Sec. 6. Be it further enacted, That it shall also be the duty of the Treasurer of said town to receive and hold the funds arising from the sinking fund tax as a sepa- rate fund for the payment of matured bonds, and to invest it from time to time in such securities as may be to the best interest of the town, under the direction and subject to the approval of the Board of Mayor and Aldermen of said town. Sec. 7. Be it further enacted, That the sinking fund tax shall be collected by the regular collecting officer of said town in the same way and on the same terms as other taxes are now collected, and he shall pay same over to the Treasurer of said town as other taxes are paid over by law; Provided, he shall first enter into a bond, with good and solvent security, in double the amount of such tax and condition for the faithful and proper paying over said tax to be approved by the Mayor and payable to the Town of Bolivar. Sec. 8. Be it further enacted, That the coupons ma- turing for interest shall be paid by the Treasurer out of the general revenues of the town on presentation, and matured bonds shall be paid by him out of the sinking fund on presentation, and all such coupons and bonds so paid off shall be cancelled and destroyed in the presence of tie Mayor and Board of Aldermen in open meeting, and the same recorded in full in the minutes of the Board. That the Recorder shall keep in a well-bound book a record of — 939 — all bonds issued tinder this Act, showing the date of is- suance, number of bond, amount, time to run, when ma- tured, number of coupons, and when they are payable. Sec. 9. Be it further enacted, That the money arising from the sale of the bonds under this Act shall be paid out by the Treasurer of the town upon the order of the Mayor, countersigned by the Recorder. Sec. 10. Be it further enacted, That before the Mayor vu^„^ t ^ , . , , ' » l i i -II Election to be and Aldermen shall issue any of the bonds contemplated fi«t held. by this Act they shall first order an election, of the voters of said town, and describe rules and regulations therefor, and shall give notice of said election for at least twenty days, by printed or written hand bills publicly posted, pro- viding for a ballot on the proposition, the amount of the bonds proposed to be issued, and if a majority of the qualified voters voting at such election are in favor of said proposition, then the Mayor and Aldermen shall issue the bonds provided for in this Act. And said election may be held at any time or as many times for said purpose as said Mayor and Board of Aldermen may determine. Sec. 11. Be it further enacted, That this Act take effect from and after its passage, the public welfare re- quiring it. Passed April 13, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 14, 1905. JOHN I. COX, Governor. — 940 — CHAPTER 441. House Bill No. 792. A BILL to be entitled An Act to amend Section 3, of Chapter 335, of the Acts of the Genera] Assembly of 1903, entitled "An Act entitled An Act to create the office of Attorney General for Williamson County, and to provide compensation for the At- torney General of aaid county, and to provide for the election of said official/' so as to increase the compensation of the Attorney General for Williamson County. Section 1. Be it enacted by the Oeneral Assembly of the State of Tennessee, That Section 3, of Chapter 335, of the Acts of the Oeneral Assembly of 1903, entitled "An Act entitled 'An Act to create the office of Attorney General for Williamson County, and to provide compensa- tion for the Attorney General of said county, and to pro- vide for the election of said official,' " be amended by striking out the words and figures "five hundred ($500) dollars" in line three of said section, and inserting therefor the words and figures "eight hundred ($800) dollars." Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 12, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 14, 1905. JOHN I. COX, Governor. — 941 — CHAPTER 442. House Bill No. 549. aN ACT to amend An Act entitled "An Act to amend An Act entitled 'An Act to amend an Act to authorize the appointment of inspectors of illuminating oils and fluids.' " Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 3, of Chapter 13, of the Acts of 1899, be, and the same is hereby, amended by striking out "8,000" in sixth line and inserting instead thereof "6,000," and by striking out "8,000" in the ninth line and inserting instead thereof "6,000." Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 13, 1905.' W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 14, 1905. JOHN I. OOX, Governor. CHAPTER 443. House Biix No. 330. AN ACT to repeal An Act entitled "An Act to authorise the mu- nicipal corporation of the Mayor and Aldermen of the Town of Morristown, Hamblen County, Tennessee, to issue and sell coupon bonds of said town in a sum not to exceed twenty-five thousand ($25,000) dollars, proceeds hereof to be applied to the floating indebtedness of said municipality." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 332, of the Acts of the General Assembly of the State of Tennessee, for the year 1903, entitled "An Act to authorize the municipal — 942 — corporation of the Mayor and Aldermen of the Town of Morristown, Hamblen County, Tennessee, to issue and *U coupon bonds of said town in a sum not to exceed twenty- five thousand ($25,000) dollars, proceeds hereof to be applied to the payment of the floating indebtedness of said municipality," be, and the same is hereby, repealed. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 14, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 15, 1905. Speaker of the Senate. JOHN I. OOX, Governor. CHAPTER 444. House Bill No. 697. A BILL to be entitled "An Act to amend the charter of the City of Chattanooga, Tennessee, and all Acts heretofore passed amendatory thereof, and especially an Act passed April 4, 1901, and approved April 7, 1901, the same being Chapter 432, of the Act passed by the General Assembly of Tennessee, 1901, amending the charter of the City of Chattanooga, so as to amend Section 82 of said Act, so as to provide that the salary of the City Attorney of the City of Chattanooga, Tennessee, shall be $2,000 per annum." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an Act passed April 4, 1901, and approved April 7, 1901, the same being Chapter 482, of the Acts of 1901, and entitled "An Act to amend the charter of Chattanooga, Tennessee, and all Acts heretofore passed amendatory thereof, and repeal all Act9 and parts of Acts in conflict with the provisions of this Act," be, and the same is hereby, amended by amending Section 82, of Chapter 432, of the Act aforesaid, so as to provide that the last two lines of said Section 82 shall read : "the salary of the City Attorney shall be $2,000 per year." Sec. 2. Be it further enacted, That all provisions of the charter of the City of Chattanooga and all Acts amend- — 943 — atory thereof and in conflict with the provisions of this Act be, and they are hereby, repealed; and that this Act take effect from and after its passage, the public welfare requiring it Passed April 14, 1905. W. K. ABEKNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 15, 1905. JOHN L COX, Governor. CHAPTER 445. House Bill No. 925. AN ACT to authorize the County of Fentress to assess and col- lect taxes for the year 1905 upon the real estate therein situ- ated. Whereas, All the tax schedules, tax duplicates, and tax books showing the assessments of taxes in the County of Fentress for the year 1904 were destroyed by fire and no record remains thereof; Whebeas, No new real estate assessment is provided for by law until the year 1906, and innumerable difficulties have arisen in the collection of real estate taxes for said county owing to the many changes in ownership and value of real estate since the. last assessment (1902) of which a record remains now ; therefore, Section 1. Be it enacted by the General Assembly of Aggegaorg to M the State of Tennessee y That for the year 1905 the Tax «»• property Assessors of Fentress County shall, in addition to the au- for yemr 1905' thorized assessments of personal property, assess for taxa- tion all the real estate in said county in the same manner • and under the same restrictions and conditions as pro- vided for by Chapter 258, of the Acts of the General As- sembly of Tennessee for the year 1903, and shall receive the same compensation therefor. Sec. 2. Be it further enacted, That the County Court Clerk of Fentreps County shall make up the Trustee's — 944 — book and tax duplicate for the year 1905 from the ments so made. Sec. 3. Be it further enacted, That the County d Fentress be, and is hereby, authorized to collect all tax« upon the assessments so made as herein provided, which collection shall be made in all other respects in the same manner as provided by said Chapter 258, of the Acts of 1903. county BoMd ^E0# *• &e *' father enacted, That the County Board of Equalizers of Equalizers at their authorized meeting in June, 1905, shall equalize the assessments of real estate made as herein provided in the same manner and under the same restric- tions and conditions as provided by Chapter 258, of the Acts of 1903, for the regular biennial assessments of real estate except in case of appeal from the said County Board the same shall be to the County Court of Fentress County instead of to the State Board of Equalizers, and the action of said County Court thereon shall be final. Sec. 5. Be it further enacted, That the regular State taxes shall be paid to the State by the County of Fentress in accordance with the tax aggregate reported to the Comptroller for the year 1904. Sec. 6. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 14, 1905. W. K. ABERNATHY, Speaker of the Hovse of Representatives. E. RICE, Speaker of the Senate. Approved April 15, 1905. JOHN I. COX. Governor. — 945 CHAPTER 446. House Bill No. 739. aN ACT to create a separate and Independent School District out of part of the Third Civil District of Hawkins County, Tennessee. Section 1. Be it enacted by the General Assembly of (ke State of Tennessee, That the following territory now constituting a part of the Third Civil District of Hawkins County shall, after the passage of this Act, be and consti- tute a separate and independent School District — to wit: Beginning at Little Creek, east of the residence of P. L. Pearson, and running thence so as to include the fol- lowing farms — namely, P. L. Pearson, S. P. Looney, James Ward, L. S. Gillenwaters, J. D. Fleenor, Charley Creasy, Jacob Henard (adjoining Charley Creasy), Mrs. Nathan Klepper, Dr. C. A. Snapp, Mrs. Lou Charles, J. J. Emmert, Neal Gross, John Owens, Ned Pray, L. R. Baker, all the farm of C. M. Harlan north of Carter's Valley Road, Mrs. Mat Charles north of Carter's Valley Road, Buck Charles, Geo. Baker, Joe Stewart, Mrs. Alice Briee, John Gilliam and Mrs. T. N. Harmer, and all other farms within the territory described, whether specifically named or not. The said School District shall be known as the Alum Well School District. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 14, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE. Approved April 15, 1905. Speaker of the Senate. JOHN I. COX, Governor. *o — 946 — CHAPTER 447. House Bill No. 417. AN ACT to amend an Act passed February 7, 1901, and approved March 11, 1901, entitled "An Act to authorize the Chairman of the County Court or County Judges of this State to pay traT- eling and other expenses of the Sheriff or other officer, to be designated by the County Judge, for the purpose of going after and bringing back absconding persons charged with any felonious crimes above the grade of petit larceny.'9 Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an Act passed February 7t 1901, and approved March 11, 1901, and entitled as stated in the caption hereof, be, and it is, amended by striking out of the first section thereof the words "his actual trav- eling and other necessary expenses in no event to exceed the sum of $75," and inserting in lien thereof the words, "three cents per mile for each mile necessarily traveled in going and coming, and also his other actual and necessary expenses, the whole in no event to exceed the sum of $75 ; Provided, that the compensation hereby fixed shall apply only to mileage and expenses ontside the State, and for the distance inside the State going and coming the same mileage shall be taxed in the bill of costs as is allowed for carrying prisoners arrested in this State." Sec. 2. Be it further enacted, That said Act" be, and it is, further amended by adding to the first section thereof the following: "Provided, that no designation by the Chairman of the County Court or County Judge shall be necessary to authorize the Sheriff to act and draw pay un- der this Act, and that the Chairman of the County Court or County Judge shall have no power to designate any other person." Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 14, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 15, 1905. JOHN I. OOX, Governor. — 947 — CHAPTER 448. House Bill No. 442. AN ACT to amend Chapter 410, of the Acts of the General As- sembly of the State of Tennessee, passed April 1, 1903, and approved April 10, 1903, incorporating the Town of Dyers- burg, Tennessee, so as to authorize the Board of Mayor and Aldermen to sprinkle the streets of said town and raise reve- nue for that purpose. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Sub-sections 1 and 2, of Sec- tion 16, of said Act, be, and are hereby, amended by in- serting the words "and for sprinkling purposes" imme- diately after the words "General Corporations" in both said sub-sections. Sec. 2. Be it further enacted, That the sprinkling tax shall be a separate tax so kept and paid out by the custodian of the city funds, and to be such rate as may be necessary to keep the public square and streets thoroughly sprinkled. Sec. 3. Be it further enacted, That in the levying of the sprinkling tax the Board of Mayor and Aldermen shall confine its operation to the property, merchants, and privileges around the square and along such streets as are sprinkled, so that those paying the tax shall get the benefit of the sprinkling. Sec. 4. Be it further enacted, That the Board of Mayor and Aldermen shall have the power to extend the provisions herein to any part or section of the town that they may deem proper and expedient for the comfort, convenience, and health of the inhabitants. Seo. 5. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 14, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 15, 1905. JOHN I. OOX, Governor. — 948 — CHAPTER 449. House Bill No. 744. Boundaries. OJBoers of the town. AN ACT entitled An Act to reincorporate the town of B&rtlett, Shelby County, Tennessee, and fix the power of said corpora- tion and the corporate limits thereof. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Town of Bartlett, in the County of Shelby, Tennessee, be, and the same is hereby, reincorporated under the name of the Town of Bartlett, and the boundaries of said corporation and limits thereof shall be as follows — to wit: Beginning at the east end of a bridge placed oyer a spring branch, where the Memphis and Somerville public road crosses it, about one-half of a mile west of the point on said public road crossed by the track and roadbed of the LouiBville & 'Nashville Railroad Company, and then extends from there south along the east bank of this said spring branch spanned by said bridge to what is known in the old or former charter of said town as Ferguson Avenue; thence west along the center of said avenue to the west bank to Hurricane Creek ; thence north with the meander- ings of the west bank of said creek to a point directly east and opposite a point in the north boundary line of said North Street, as laid off in the plot of the town under the former charter; thence west in a line parallel with saia north boundary line of said North Street, and extending on beyond said North Street west to the east bank of said spring branch on the land of Dr. Blackwell ; thence south with the meanderings of said spring branch to the be- ginning, the said point at the east end of said bridge span- ning said branch at the crossing of said Memphis and Somerville Road. Sbc. 2. Be it further enacted, That said corporate town shall have aB its officers a Mayor and six Aldermen, who shall constitute and be called the Board of Mayor and Aldermen, and these officers shall have all the powers and exereise all the duties usually conferred on like officers under the general laws of the State of Tennessee applied- — 949 — We to municipal corporations. The seven members con- stituting the Board of Mayor and Aldermen shall have the power and right to elect other officers, such as Secre- tary, Town Marshal, or Treasurer, to perform such duties as are usual for such officers within the corporate powers of said municipality. Sec. 3. Be it further enacted, That there shall be ^JggF* elected by said Board all necessary officers to carry out and perform the duties of said municipal corporation in the same manner as corporations of like character under the general laws of the State. Sec. 4. Be it further enacted, That the present Mayor owjjtaw and six Aldermen and Justice of the Peace of said cor- poration now holding office under the charter of said town, in force before the abolition of said former charter by an Act of the present General Assembly of the State of Ten- nessee, shall be and remain the officers of this new cor- poration hereby created by this Act, and shall hold their offices until their term of office shall have expired, as pro- vided by the old or former charter of said town, at which time there shall be an election held as provided for under the general laws of this State for the election of municipal officers. Sec. 5. Be it further enacted, That the general laws ^JJgg! 1*wi of the State of Tennessee made applicable to municipal corporations generally shall apply to this corporation, and the same powers, rights, and authority now, given by the laws of the State of Tennessee to. municipal corporations generally shall be made to apply by this Act to all the officers of this corporation hereby created. Sec. 6. Be it further enacted, That all ordinances now in force under the old or former charter of said town shall be and remain in full force and effect under this new charter, and said corporation shall have the right to sue and may be sued by its corporate name of the Town of -Bartlett, and shall also have the power and right under said charter through its constituted officers, the Board of Mayor and Aldermen, to pass and enforce ordinances of said town not in conflict with the Constitution and general laws of this State. Sec. 7. Be it further enacted. That all laws and parts of laws in conflict with this. Act are hereby repealed; and — 950 — that this Act take effect from and after its passage, tie public welfare requiring it. Passed April 14, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 15, 1905. JOHN L OOX, Governor. CHAPTER 450. House Bill No. 1016. AN ACT to establish, make known, and make certain the line be- tween Van Buren and Warren Counties. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the unknown and the uncer- tain line between the counties of Van Buren and Warren Counties be fixed and established as follows: Beginning at the mouth of Rocky River, running thence southwardly up said Rocky River, with its various meanderings, to the mouth of Crain or Dry Hollow; thence up said Crain or Dry Hollow southwardly 1.25 miles to the mouth of the branch known as Jessie Martin's Spring Branch; thence south two degrees east 6.5 miles, crossing Dyers Gulf to head of said Dyers Gulf; thence south thirty-eight degrees east 6.125 miles to the corner of Sequatchie and Grundy Counties. Sxo. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are here- by, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it Passed April 14, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 15, 1905. Speaker of the Senate. JOHN I. OOX, Governor. — 951 — CHAPTER 451. House Bill No. 495. AN ACT to amend Chapter 397, Acts 1903, so as to pay th* County Judge of Lauderdale County a salary of |650 per annum instead of f 500, which he now receives, and so that the Quarterly Court may, in their discretion, increase this amount to a sum not exceeding $800 per annum. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 397, Acts 1903, be, and the same is hereby, amended by striking out the words "five hundred dollars" in said line of Section 10 of said Act, and inserting therefor, "six hundred and fifty dol- lars ;" Provided, however, that the Quarterly Court may, in their discretion, increase this amount to a sum not ex- ceeding eight hundred dollars. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 12, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 15, 1905. JOHN L COX, Governor. CHAPTER 452. House Bill No. 874. AN ACT to create and establish an independent School District in Sullivan County, Tennessee. Sxction 1. Be it enacted by the General Assembly of the State of Tennessee, That an independent School Dis- trict be, and the same is hereby, created and established out of portions of the Thirteenth and Fifteenth Districts of Sullivan County, Tennessee, to be known as the Twenty- — 952 — third School District of said county, including the territory in the following boundary: Beginning at a gate on the south side of O. A. Tipton's farm ; thence south with the lines of E. H. Bachnian, Mrs. Nathan Baxter, Mrs. Eme- tine and John Wells, and Mrs. Evelyn Biggs ; thence north- A\es1 with the west line of the farm of Mrs. Evelyn Kiggs, J. H. Haws, Jessie Simpson, T. J. Duncan, Peter Duncan, Dr. R. R. Bailey, and J. N. Dolen to the top of Boyd Mountain, near the river road ; thence northeast with the top of said mountain to the north line of the farm of Mrs. Nathan Easley; thence south with Easley's line to O. A. Bachman's line and the Roseberry Ridge; thence northeast with the lines of Gr. A. Bachman and John Bach- man to W. H. Dixon's line ; thence with the north side of W. H. Dixon's farm to the aforesaid John Bachman's line; thence northeast to J. F. Pearce's line; thence east with J. F. Pearce's line to R. P. Roller's line ; thence south- east with the line of J. F. Pearce and J. C. Childress to William Miller's farm ; thence south with William Miller's line to the Kingsport Road; thence with said road to George Slayhters; thence west with a road to the begin- ning, including what is known as the Hoss Creek Academy. Sec. 2. Be it further enacted, That until the next regu- lar election the County Superintendent of Public Instruc- tion shall appoint three School Directors in and for this district, who shall perform the same duties as other School Directors, and at the next regular election School Direc- tors shall be elected for this district in the same manner as other directors are elected. Sec. 3. Be it further enactedj That this Act take effect from and after its passage, the public welfare requiring it Passed April 14, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 15, 1905. Speaker of the Senate. JOHN I. COX, Governor. — 953 — CHAPTER 453. House Bill No. 464. A BILL, to be entitled An Act to change the line between the Counties of Overton and Fentress. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between the Counties of Overton and Fentress be, and the same is hereby, so changed as to follow the boundary line of the farm <>f Sam Hall, including the whole of said farm in Overton County. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 14, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 15, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 454. House Bill No. 896. A BILL to amend Chapter 240, of the Acts of Tennessee of 1903, such being general school law. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Sub-sections 1, 2, and 3 of Section 22, of Chapter 240 of the Acts of Tennessee of ^ft^U— 1903, be, and are hereby, repealed, as far as said sections county- apply to fixing boundaries of School Districts, but no farther; Provided, the School Districts of the State es- tablished heretofore shall remain until altered as herein- after provided. — 954 — Sec. 2. Be it further enacted, That the County Court of the various counties of the State shall be vested with the power and authority to alter and change the School Districts in their respective counties just as before the passage of said Act, Chapter 240 of Acts of 1903 ; Pro- vided, that not more than six new districts can be formed by the County Court under the provisions of this Act. Sec. 3. Be it further enacted. That this Act shall only apply to each county of the State having not less than twenty-three thousand seven hundred and fifty population, and not more than twenty-three thousand eight hundred population by the Census of 1900 or any subsequent Cen- sus. Sec. 4. Be it further enacted, That this Act shall take effect from and after its passage, the public welfare re- quiring it. Passed April 14, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 15, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 455. House Bill No. 208. A BILL for an Act to be entitled "An Act to create, establish, and maintain a department of the State of Tennessee to be known and styled 'Department of Game, Fish, and Foresty;' to pro- vide for the appointment of a State Warden of Game, Fish, and Forestry, County Wardens, Special and Deputy Wardens. " Department of Game, Fish, and Forestry — State Warden. Section 1. Be it enacted by the General Assembly o the State of Tennessee, That the Department of Game, Fish, and Forestry be, and the same is hereby, created as one of the departments of the State, and that the — 955 — Governor shall on the passage of this Act appoint and Commission a citizen of Tennessee as State Warden of game, fish, and forestry, and octennially thereafter, who shall serve without salary. County and Special Wardens. Sec. 2. Be it further enacted, That said State Warden of game, fish, and forestry shall be authorized and em- powered to appoint and commission in each county of the State a citizen of said county as County Warden of game, fish, and forestry, and to further appoint special Wardens for the State at large as in his judgment the necessity for such appointment may arise. Deputy Warden. Sbc. 3. Be it further enacted, That the County Wardens of game, fish, and forestry are authorized and empowered to appoint deputies in such number as in their judgment the requirements in their respective counties may demand. Bonds and Oath of Office. Sec. 4. Be it further enacted, That the State, County, Special Wardens shall each give bond in the sum of five hundred dollars, and the Deputy Wardens in the sum of two hundred and fifty dollars each, for the faithful per- formance of their respective duties, said bonds to be filed in the Department of Game, Pish, and Forestry. All Wardens shall, on appointment, take the oath prescribed for public officers. Removal of Wardens. Sec. 5. Be it further enacted, That the State Warden may appoint a Secretary to conduct the correspondence and detail work of his department, but the salary or com- pensation of said Secretary shall be paid by the State Warden. When any charge or charges are preferred against any County, Special, or Deputy Warden for malfeasance, misfeasance, or nonfeasance in office, or for any other reason which in the judgment of the State Warden is sufficient, he shall investigate the case and may — 956 — remove said Warden at pleasure and appoint, or cause to be appointed, another in his stead. Any Warden who shall act, or assume to act, after notice of such removal, shall forfeit his bond. Duty to Enforce Game and Fish Laws. Sec. 6. Be it further enacted, That all Wardens ap- pointed under this Act are hereby constituted conserv- ators of the peace, and it shall be their right, power, and duty to enforce all provisions of Chapter 169, Acts 1903, known as the "General Game Law;" Chapter 118, Acts 1903, known as "An Act to protect non-game birds f Chapter 91, Acts 1901, known as the "Written Permission Law;" Chapter 121, Acts 1901, known as the law pro- hibiting the shipment of quail, and all other laws for the protection of the game, the birds, the fish, and the forests of the State as the same may now exist or hereafter be enacted. All fines, penalties, forfeitures, or licenses col- lected under any laws which said Wardens are authorized and called upon to enforce shall go to that Warden so acting or making or causing the arrest, or securing the conviction, as compensation for his services, and the State Warden shall make to each General Assembly a report of all receipts and disbursements and such other information and recommendations as in his judgment may be neces- sary and proper. Duties and Powers. Sec. 7. Be it further enacted, That all Wardens ap- pointed under this Act shall each and every one have and exercise all the rights, powers, and authority of the Sheriffs of the respective counties, with respect, however, only to those laws which they are appointed to enforce and according to the terms of those laws as well as of this Act. They may serve process and have power to make arrests, without warrants, of offenders and take them before any Justice of the Peace or Criminal Court, there to be dealt with according to law, and as the nature of the case may demand. Licenses. Sec. 8. Be it further enacted, That all licenses shall be issued by the State Warden of game, fish, and forestry, — 957 — and shall be good only to the close of the calendar year in which they shall he issued, expiring on the thirty-first day of December next after their issuance, and shall un- der no circumstances be transferable. Terminating Offices of Oame Wardens. Sec. 9. Be it further enacted, That all the powers and duties imposed upon Wardens under Chapter 169, Acts 1903, known as the "General Game Law/' shall hereafter be exercised by the Wardens appointed under this Act, and all appointments made under the provisions of said Chapter 169, Acts 1903, shall on the passage of this Act cease and determine ; Provided, the provisions of this Act shall not apply to the following counties : Hous- ton, Robertson, Moore, Henderson, Franklin, Cannon, Decatur, Weakley, Dickson, Hickman, Bradley, Greene, McMinn, Hardeman, James, Gibson, Putnam, White, Overton, Giles, Macon, Trousdale, Sumner, Wilson, Ches- ter, Coffee, Stewart, Smith, Rutherford, Humphreys, Per- ry, Bedford, Washington, Monroe, Carroll, Montgomery, Marshall, DeKalb; Provided, nothing in this Act shall be construed to repeal the special game law passed for Warren County at this session of the Legislature. Sec. 10. Be it further enacted, That this Act shall take effect and be in force from and after its passage, the public welfare requiring it. Passed April 14, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 15, 1905. JOHN I. COX. Governor. 958 CHAPTEK 456. House Bill No. 444. AN ACT entitled "An Act to require all compress companies or firms or individuals compressing cotton" in counties of 140,000 or oyer, according to the Federal Census of 1900, or any sub- sequent Federal Census, for shipment to furnish ample facili- ties and labor for handling all cotton, to furnish yards, sheds, or storehouses for all cotton brought to them to be com- pressed, and to keep some one in charge of same who shall receive and receipt for all cotton within thirty minutes of its arrival, and to provide penalties for a failure to observe and perform the provisions of this Act. Tjiii Act ap- Section 1. Be it enacted by the General Assembly of ByOnTnty ^e ^a^e °f Tennessee, That all compress companies or firms or individuals in counties of more than one hundred and forty thousand population, according to the Federal Census, compressing for the public within the State of Tennessee, shall provide ample facilities and labor for handling all cotton sent to them for the purpose of being compressed for shipment. Sec. 2. Be it further enacted, That every company, individual, or firm compressing cotton for shipment shall provide ample yards, sheds, or storehouses for the re- ception of all cotton brought to them to be compressed, and they shall, from 7 a.m. to 6 p.m. of every week day from October 1 to April 30, keep some one in charge of said yard, shed, or storehouse, who shall receive and re- • ceipt for each load of cotton within thirty minutes after the driver of the same has notified the person in charge of said shed or storehouse of the arrival of said load of cotton. Sec. 3. Be it further enacted, That a failure on tfle part of the officers, owners, and persons operating a com- press to observe and perform the conditions of Sections 1 and 2 of this Act shall render them liable to all firms or persons sending cotton to them to be compressed, and to all persons or partnerships hauling the same, for all damage suffered by reason of their failure to perform the provisions of this Act, and in addition to the recovery of damages in each case the court shall assess reasonable at- — 959 — orney's fees, and shall also give judgment for twenty-five lollars ($25) as punitive damages. Sec. 4. Be it further enacted, That this law applies inly to counties of one hundred and forty thousand or nrer, according to the Federal Census of 1900 or any ubsequent Federal Census ; that this Act take effect from ts passage, the public welfare requiring it. Passed April 15, 1905. W. K. ABEKNATHY, Speaker of the House of Representatives. E. KICE, Speaker of the Senate. JOHN I. COX, Governor. Approved April 15, 1905. CHAPTEE 457. House Bill No. 1027. IN ACT entitled An Act to amend House Bill 653, Acts of 1905, creating an independent School District off of the Eleventh, Twelfth, and Seventeenth Districts of Putnam County. Section 1. Be it enacted by the General Assembly of Ihe State of Tennessee, That House Bill No. 553, Acts )f 1905, creating an independent School District in Put- nam County off of the Eleventh, Twelfth, and Seven- teenth Districts of the same, be so amended as to exclude the lands of L. F. Elrod, A. B. Thompson, and W. A. Holladay, of the Twelfth District; also the lands of J. H. Jared, liner Monroe Huddleston, John Boyd, James and R B. McKinley, and Mary Bush, of the Eleventh District, and to include them in the districts from which they were taken respectively. — 9«0 - Sec. 2. Be it further enacted, That this Act take efi«t from and after its passage, the public welfare requiring it Passed April 14, 1905. W. K ABERNATHY, Speaker of the House of Representative*. E. RICE, Speaker of the Senate Approved April 15, 1905. JOHN I. OOX, Governor. CHAPTER 458. House Bill No. 1013. AN ACT to amend an Act entitled "An Act to establish county workhouses, to provide for working misdemeanor and other convicts sentenced to such workhouse? to declare county J&Q* workhouses in such counties as have no separate workhouses; to provide for Commissioners and a Superintendent and other subordinates for workhouses, and to define their powers •»* duties/' same being Chapter 123, of the public Acts of 1891 ! by requiring that two (2) Justices of the Peace shall be elect- ed members of said Workhouse Commissioners, and that they may receive compensation as other members of the Commis- sion in counties of over 150,000 inhabitants. T$ietto stei- Section 1. Be it enacted by the General Assembly of by county, the Stale of Tennessee, That said Section 3 of tie Act i described in the caption to this Act be amended by pro- viding that the Quarterly Court shall elect four com- petent persons, two of whom are to be Justices of the Peace for the county and members of the Quarterly Court, and who are to receive the same compensation as the other members of said Commission. Sec. 2. Be it further enacted, That this Act apply to counties having over 150,000 inhabitants, according to the Federal Census of 1900 or any subsequent Federal C®* sus. — 961 — Sec. 3. Be it further enacted, That this Act take effect from its passage, the public welfare requiring it Passed Apri* 14, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. EICE, Approved April 15, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTEE 459. House Bill No. 480. A BILL to be entitled An Act to amend Section 1 of an Act pawed April 14, 1903, entitled "An Act to repeal all laws authorizing the grant of land in this State." Section 1. Be it enacted by the General Assembly of (he State of Tennessee, That Section 1 of the Act of April 14, 1903, on page 1203 of the published Acts of said year, be so amended as to read as follows : "That all laws and parts of laws authorizing land grants be, and the same are hereby, repealed; Provided, that this Act shall not apply to land entries formulated and on file in the Kegisters' offices of the State prior to April 14, 1903, the date of said Act" Provided, however, that all grants issued in pursuance of this Act shall be null and void if the said land or any part of it covered by said grant has been previously granted; Provided, that entries on which grants may be issued under this amendatory Act shall have been made within three years next before the passage of said Act of 1903. 61 — 968 — Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 14, 1905. W. K ABERNATHT. Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 15, 1905. JOHN I. COX, Governor. CHAPTER 460. Senate Bill No. 288. AN ACT to be entitled An Act to regulate the running of traction engines over the highways of this State. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be lawful for trac- tion engines, propelling, threshing, or other machines, or road machines used in the repair of highways over the highways of this State to be used at any hour of the day or night; Provided, they are so used under the regulations and restrictions prescribed in Chapter 159 of the printed and published Acts of 1889; Provided, how- ever, that no traction engines shall be used for the pur- pose of drawing wagons, carts, and other vehicles for the purpose of carrying passengers, or for the transportation to market or other places of products of the soil, and articles manufactured of wood manufactures. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are here- by, repealed. — 963 — Sec. 3. Be it further enacted, That this Act take effect om and after its passage, the public welfare requiring it. Passed April 6, 1905. E. EICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHN L COX, Governor. CHAPTEE 461. Senate Bill ]SV>. 623. IN ACT to create a Board of Jury Commissioners for counties in this State having a population by the Federal Census of 1900 of not less than 26,424, nor more than 26,430; and for the se- lection of juries; to prescribe the duties of the members of said Board, and of the Judges, and punish violations of this Act; to provide for jury lists and jury boxes to be kept in each county affected by this Act, and to repeal all laws in conflict with this Act Section 1. Be it enacted by the General Assembly of the State of Tennessee, That there shall be a Board of Jury Commissioners for each county in this State having Thi»Aot»g- a population by the Federal Census of 1900 of not less fiSion than twenty-six thousand four hundred and twenty-four County- nor more than twenty-six thousand four hundred and thirty, to be appointed by the Circuit Judge, who holds court in said county, and in case there is more than one Circuit Judge, or a Judge holding the Criminal Court, or a Chancellor or other Judge, whose duty it shall be to hold the Circuit Court or Criminal Court, then by such Judges holding the Circuit or Criminal Courts, and if more than one Judge, by all jointly. Said Board shall consist of four persons who are house- ^{^^JJ11" holders and freeholders of the county, and who are not »Ut£eir practicing attorneys at law, or State or county officers, and have no suit pending in said court at the time of their — 964 — Oath of Com- missioners. or his appointment, each of whom shall be appointed f« i a term of four years. In the first appointment two stai 1 be appointed for two years and two for four years, audi their successors shall be appointed for four years, AB vacancies occurring in said Board, either from death, resignation, or otherwise, shall be filled in the same miar ner as the original appointments are made. In the event that at any time when, by the provision* of this Act, it shall be the duty of said Board to discharge any of the duties hereinafter imposed, it shall appear by the affidavit of any member thereof, or by the qprtifr cate of a reputable physician, that such member is by temporary sickness or physical disability or for some other good and sufficient reason, unable to attend and discharge such duty or duties, or if such member refnsee to act, then said affidavit or certificate shall be filed in the office of the Circuit Court Clerk, and the three re- maining members shall constitute the Board and discharge such duties. Sec. 2. Be it further enacted, That the Jury Commis- sioners, before entering on the discharge of their duties, shall take and subscribe before an officer authorized to administer oaths the following oath — viz. : Organization . of Commis- sioner*. "I, A- B- do solemnly swear (or affirm) that I shall faithfully and impartially discharge the duty of Jury Commissioiier for the County of (filling in name) to the best of my knowledge and ability ; and will not place the name of any person on said jury list or in the jury box whom I believe to be corrupt or unfit, or who has to my knowledge solicited, or had others to solicit, that his name be placed on the jury list or in the jury box ; that I will keep secret and violate the de- liberations and counsel of the Jury Commissioners while in the discharge of their duties, unless called upon to give evidence thereof in some court of justice or other legal tribunal in this State, so help me God." Said oath shall be spread upon the minutes of Ad Circuit Court and the original preserved as a part of the records of said Commissioners. Sec. 3. Be it further enacted, That immediately after their appointment and qualification said Jury Commis- sioners shall meet and organise by the election of one of their members as Chairman. The Clerk of the Circuit j — 965 — purt shall be Clerk of the Board of Jury Commissioners, id shall perform all the clerical duties required by law. ■fore entering upon the performance of his duties as p Clerk of said Board he shall take and subscribe to p oath to faithfully discharge his duties, as required by tw, and that he will never divulge any of the proceedings nd deliberations of the Jury Commissioners, unless com- piled to testify in some court in this State. This oath kail be spread upon the minutes of the court and the riginal preserved as a part of the records of the Commis- ioners. Sec. 4. Be it further enacted, That it shall be the and when luty of said Jury Commissioners biennially on the first pI6pawd* itonday in July, or within thirty dayB thereafter, to jelect from the tax books of the county and other resources lames of upright and intelligent men known for their integrity,' fair character, and sound judgment, from each and every district in the county, and in proportion to the population of such districts, as near as may be, and possessing the qualifications now prescribed by law, ex- cept that service on a regular panel within two years shall not disqualify a person, a list of names numbering not less than one-fifth of the whole number of votes cast in the county for Presidential Electors at the presidential election next preceding the making of said list ; Provided, said list shall not for any one county contain more than four thousand names nor less than two hundred and fifty names. Said list shall constitute the petit jury list for two years from the making thereof, and shall not, during said years, be added to or taken from, except as hereinafter provided. The Circuit Court Clerk, as Clerk c£*£j^ of the Board, shall purchase, at the public expense, for wcord book- the Board a suitable and well-bound book in which to record said list, alphabetically arranged. Upon the back of this book shall be written or printed: "List of Petit Jurors for County" (filling in the name of the county). Said book shall be so ruled as to leave spaoe at the left-hand side of each page for the names And at the right-hand side for such entries as are herein- after provided for. Preceding the list of names in said hook shall be written these words : "Petit jury list selected caption of by the Board of Jury Commissioners for- ment,*e5n*e" County, to day of " (filling in the name of county and date). From this list the Board shall select a sufficient number, not exceeding two-fifths of the — 966 — whole number of the most experienced, intelligent, and upright men, to serve as grand jurors, whose names shaB be entered in a well-bound book, alphabetically arranged, upon the back of which shall be written or printed the words: "List of Grand Jurors for County3' (filling in the name of the county). Said book shall 1* ruled in the same manner as the book herein provided for, containing the petit jury list Preceding the list of names in said book shall be written these words : "Grand jury li6t selected by the Board of Jury Commissioners for County, day of n (here filling in the name of county and date). Imme- diately following this shall be recorded the list of grand jurors selected, placing one name on each line, arranging the names in alphabetical order and numbering them con- secutively, beginning with No. 1. After each name shall be placed in parenthesis the initials of the Commissioners proposing such name, but no name shall be placed on said list, except by a majority vote of the Commissioners. At the end of the list shall be written and signed by the Commissioners the following: "We certify that the fore- going is the grand jury list selected by us the day of " (filling in the date)'. A list of the petit jurors selected shall be recorded in the book herein provided for that purpose, placing one name on each line, arranging the names in alphabetical order and numbering them consecutively, beginning with Ko. 1. After each name shall be placed in parenthesis the initials of the Commissioners proposing such name, but no name shall be placed on said list except by a ma- jority vote of the Board of Commissioners. At the end of the list shall be written and signed by the Commis- sioners the following: "We certify that the foregoing is the petit jury list selected by us the day of * (filling in the date.) BSMione(rtm* The Commissioners shall report the list thus made up to the next term or to the term of court then in session, should the court be in session at that time, as follows: "To the Honorable Court of County (filling in the name of the county). "We, the Jury Commissioners for said county, respect- fully submit the following as the grand and petit jury lists selected by us for the next two years, as shown by — 967 — ae jury books herewith — viz. :" (here shall follow a com- plete copy of the lists). Provided, that in counties where there are more than lie Circuit Court the report of the Jury Commissioners hall be made to the First Circuit Court of the county. Sach of the names on said petit jury list, together with he Civil District of the jurors' residence, shall be written in a slip or scroll of paper, placed in a box to be provided it the public expense, which box shall contain two apart- nents marked .Nos. 1 and 2, from which petit jurors shall >e drawn as hereinafter provided, to be known as the petit jury box, and so labeled ; and the Jury Commission- ers shall in like manner place the names on said list of grand jurors in a separate box similarly constructed, and labeled the "Grand Jury Box," from which the grand G^dJury jurors shall be drawn, as hereinafter provided. When the list has been revised as herein provided, said boxes shall be securely locked and sealed, and the Jury Com- missioners shall write their names across the seal, and they shall not be unlocked or the seals broken, except by the Circuit Judge or the Judge holding the Criminal Court, or the Chancellor or other Judge, whose duty it shall be to hold the Criminal or Circuit Court, and then only for the purpose of drawing therefrom names of jurors as herein provided, or in open court for good and sufficient cause. Said jury books shall be kept in secret by the Clerk under lock and key, and no one shall be al- lowed to inspect the same, except the Clerk, the Judges holding the Circuit or Criminal Courts, or the Chancery Court, in the county, and then only for the purposes Clroult Court herein provided. It shall be the duty of the Clerk of cjerktoiwep the Circuit Court to record the jury lists in said jury books, and to write the names or numbers on said slips or scrolls. For these he shall be entitled to a fee of five cents for each name on said list, to be paid by the county on the certificate of the Circuit Judge that the services have been rendered. Sec. 5. Be it further enacted, That the Judges hold- court to dr»w fog the Circuit and Criminal Courts, at the close of each Ending term? term, and if more than one Circuit or Criminal Court in & county, then each Judge for the court held by him, shall unlock the petit jury box and break the seal thereof, and after having well shaken the same shall draw from apart- ment No. 1 a number of names equal to the number of jurors, who, under existing laws, are selected by the — 968 — County Court, and the Judge of the Circuit or Criminal Court, or the number designated by the order of oou^ as hereinafter provided, to constitute the regular pancfc of petit jurors for the next term of court, but in no earn shall a panel be drawn to serve for a longer period that two weeks, and all of which names shall be deposited n apartment No. 2, and when all of the names shall haw been drawn out of apartment No. 1, then the drawing shall commence from apartment No. 2, and the ticketo be returned to No. 1, and so on alternately.; and no nana so deposited in the box shall, on any pretense whatever, be thrown out of it or destroyed, except when it is satis- factorily shown to the Judge that the juror is dead, re- moved out of the county, or otherwise disqualified by law. The Judge whose duty it shall be to hold the Crim- inal Court shall at the close of each regular term in a like manner break the seal and unlock the grand jury box and draw therefrom a number of names equal to the num- ber of grand jurors, who, under existing laws, are selected by the County Court and the Judge of the Circuit or Criminal Court, or the number designated by the order of court, as hereinafter provided, to constitute the regular panel of grand jurors for the next term of said court When a name has been drawn for the grand jury which shall have been drawn as a petit juror for the same term, such name shall be returned to the box and another drawn in its stead. The Judge drawing the grand or petit juries, as herein provided, shall lock and reseal the boxai and write his name across the seaL When in this way the required number of names have been drawn, a list shall be made and certified to by the Judge drawing the same, and this shall be placed in sealed envelopes, the grand and petit jurors to be placed in separate envelopes, p»aei to be kept an(* ^ mar^e*J^lta kept by the Clerk of the Court of all persons whose names names. — 970 — are drawn from the jury box, but who for any other than that they are not qualified do not serve tt regular jurors, and when the juries are made up an entij * shall be spread upon the minutes showing a list of sodi persons, and their names shall in open court be put baA in the jury box, the court ordering the box to be openei for that purpose. A list of those constituting the regular grand and petit jurors shall also be spread on the minutes, and it shall be the duty of the Clerk of the Circuit Court to enter in the space following the name of every suA juror on the jury list the following words, "Begular Jury," and also the date of such service on the jury. Ii counties where the Criminal and CiVcuit Courts are separate, the Clerk of the Criminal Court shall, during each term of his court, furnish a list of the regular jurois serving to the Clerk of the Circuit Court, and from this list the latter shall make the entries on the jury list re- quired by this section. It is hereby made a misdemeanor for any juror lawfully summoned to fail to attend and serve, unless excused by the court for good and sufficient reason appearing to the court. The punishment for this offense shall be a fine of not less than twenty-five dollar* nor more than fifty dollars. Sec. 7. Be it further enacted, That whenever the 0<£5i?iSnafaw Judge is satisfied that in any case a jury cannot be obtained n»mes-when £rom ^ jggjjar panel, he may, but not earlier than three days before the case is assigned for a hearing, cau» the jury box to be brought into open court and cause to be drawn therefrom by a boy under ten years of age sucb number of names as he deems sufficient to obtain such jury, and the Sheriff shall forthwith summon the persona whose names are so drawn in the manner hereinbefore prescribed for summoning jurors to attend the Circuit Court and making his return thereof. From the panel so drawn and summoned and the regular panel, the panel shall be made up, if practicable. If not, another panel shall likewise be drawn and summoned instanter, and so on until the jury is completed. The names drawn from the jury box under this section Names to be re- ^^ ^ carefully preserved and returned to the apartment turned to box. of the jury box from which they were drawn, whether such persons serve on the jury or not, in the same manner as hereinbefore provided, with respect to names of those drawn, but not serving as regular jurors. It shall not be cause for challenge of a person drawn or summoned — 971 — aider this section that he has served on a regular jury pithin two years, nor shall service on a jury under this action disqualify or excuse him from service on the reg- dar juries, if his name is regularly drawn from the box. hereafter. The Clerk of the Court will keep a list of ill persons serving on the juries as provided in this sec- ion, and at the close of each term shall furnish the same o the Circuit Court Clerk, who shall enter opposite each lame the words, "Served on special jury," together with he date of such service. Sec. 8. Be it further enacted, That the court shall not jurors excused lave the right to excuse any person summoned as a juror ~how- Bvho is qualified for service, except it be made to appear l>y affidavit in writing, which will be preserved as a record of court, and in which it shall appear to the satisfaction &f the court that the state of his own health or that of his family requires his absence, or that some pressing or argent business engagement, the neglect of which would cause irreparable loss or the public service will be mate- rially injured by his attendance, and such details shall be given as will clearly show the reason therefor to the satisfaction of the court. If excused, it shall be only for such a time as the cause for excuse exists. If, by reason of excusing of jurors under this section, it becomes necessary to have additional jurors during the term, they shall be drawn and summoned, the drawing to be done in open court, as provided in Section 5 of this Act. Nothing in this Act shall be construed as prohibiting a Judge from discharging a juror for good cause to him ap- pearing. Sec. 9. Be it further enacted, That before the Clerk c. ._, . . , ,. l m • «» i • tv • i f Sheriff to take delivers to the Sheriff or his Deputies the precept for oath. the regular panel, or panels or any precept for names of jurors otherwise drawn or prepared by the presiding Judge, he shall administer an oath to said Sheriff or his Deputies to keep said names secret and instruct them to caution such jurors as summoned not to divulge the fact that they have been summoned as jurors. Sec. 10. Be it further enacted, That when a jury list is to be made, the Board shall, if practicable, not put thereon the names of those on the list for the preceding two years, who have actually served during that time as regular jurors. — 972 — Court may in- YeitigaU* Jury box— when. Sec. 11. Be it further enacted, That if for any ream the court shall at any time discover that the jury box has not been filled or renewed, or that the jury list had not been prepared or renewed, as required by law, or the panel drawn or additional names drawn therefrom is required by law, or the jury box haa been tampered with, the Circuit or Criminal Judge may have the right to investigate said jury box, and also the jury list, and sea that this Act is duly enforced, and should it be discov- ered that any irregularities or fraud exist, correct same If for any reason the Judge of the Circuit or Criminal Court should fail to draw either grand or petit jurors fo? any regular or special term, as provided by this Act, the Board of Jury Commissioners shall, upon an order from the Judge of the Circuit or Criminal Court, draw the necessary panels. The list of names so drawn shall be certified to by the Board and placed in a sealed envelope as provided by Sec- tion 5 of this Act; whereupon the Board shall relock tha jury box or boxes, and seal the same and write their names across the seaL Sec. 12. Be it further enacted, That it shall be a mis- demeanor for any Jury Commissioner, the Clerk of the be divulged. Court, his Deputy, or the Sheriff or any of his Deputies to divulge any of the secrets of said Jury Commissioners, or to notify any one what name or names constitute the panels, or any part of them, for the court, or any. name or names drawn from the jury box, for service in any case pending in court, or to fail to perform any duty imposed by this Act, and upon conviction thereof thej shall pay a fine of not less than forty dollars, and he imprisoned in the county jail not less than thirty days, one or both in the discretion of the court trying the case, and shall be removed from office and be ineligible to hold any State or county office for a period of five years. It shall also be a contempt of court, punishable by tha Circuit Court upon its own motion or upn the petition of the District Attorney, for any Jury Commissioner, Circuit Court Clerk, or other person to open any jmy box except as herein provided, or to destroy, deface, or remove without authority such box, or to change, deface or remove without authority any jury list, or to assist in or connive at any such acts, or for any custodian of a jury box or list to knowingly permit any such acts to be done. Names not to Penalty. — 973 — Sec. 13. Be it further enacted. That the Judge or court may ie- Judges having the right to appoint Jury Commissioners mTsslo^eS" have the right and authority to remove any 9r all of said Jury Commissioners for incompetency, failure to per- form their duties as required by law, or corruption in office, or for any other good and sufficient reason, upon giving five days' notice to said Commissioner or Commis- sioners of the time and place of taking action thereon and the grounds therefor. Sbc. 14. Be it further enacted, That the said Jury CompenBation Commissioners shall receive two dollars each for every day's service when actually engaged in making up the jury list, to be paid from the county treasury. Sec. 15. Be it further enacted, That the books re- Records to be cording the jury lists, and also the jury boxes, shall be Soudn$fby purchased by the Circuit Court Clerk and paid for by the county ; and the Circuit Court Clerk shall be the cus- todian of said books and boxes, which books and boxes shall not be opened for inspection except to the Commis- sioners themselves and the courts heretofore referred to, and then only as herein provided. Sbc. 16. Be it further enacted, That in the absence of fraud no irregularity with respect to the provisions of this Act shall affect the validity of any action of a grand jnry, if this Act has been substantially complied with, or the validity of any verdict rendered by a trial jury, unless such irregularity has been specially pointed out and exception taken thereto before the jury is sworn. Sbc. 17. Be it further enacted, That the provisions of this Act shall apply to all grand and petit juries in all Circuit and Criminal Courts in this State. Sec. 18. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Sbc. 19. Be it further enacted, That this Act take effect from and after May 1, 1905, the public welfare requiring it Passed April 14, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHN I. COX, Governor. — 974 — CHAPTER 462. Senate Bill No. 691. AN ACT creating Civil District No. 7, in Henderson County, and providing for the election of the various district officers for same. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That there is hereby created an additional Civil District in Henderson County, Tennessee, to be known as Civil District No. 7, and the said district is made to include the territory within the boundaries as fol- lows: Beginning at a point on the Decatur County line, north of and on the line of James Jackson's lands, runs thence in a southwest direction with the Beacon and Scott's Hill Boad to the Shady Hill Boad at Flat Creek ; runs thence west with the Shady Hill and Decaturville Boad to the Middleburg and Scott's Hill Boad to and including the farm of J. P. Mitchell ; thence south with said road to and so as to include the farm of Newt Holmes j thence west through the lane between lands of J. M. Bartholomew and W. W. Buck so as to include the lands of N. W. Buck and with the line of same on to Cane Creek ; thence southwest with and including the lauds of Dick Bushing, Will Gros- ser, Leonard White, Wood White, W. L. Laster, and thence south to the old (Thirteenth) Civil District line at or near the home of Asa Jones ; thence in a southwest di- rection with said old district line to the Saltillo and Lex- ington Road, at the Benson old mill place; thence (in) a south direction with what is known as the Stickey Bidge Road, passing the lands of J. T. Johnson, E. Frazier, Mrs. Story, and Polk Bridges, and on (in) a southern direction to the Hardin County line; thence in an eastern direction with said Hardin County line to the Decatur County line, and thence in a northern direction with the Decatur Coun- ty line to the beginning at James Jackson's lands. Sec. 2. Be it further enacted, That at the next regular county election for said county there shall be elected in and for said district two Justices of the Peace; a Constable, a — 975 — Tax Assessor, and other officers, such as are allowed by law to Civil Districts, and until said officers are elected and qualified the officials of the several districts having juris- diction of the territory shall continue to exercise such jurisdiction. Sec. 3. Be it further enacted, That in all other re- spects than as is especially otherwise provided herein, this Act shall take effect from and after its passage, the public welfare requiring it. Passed April 15, 1905. E. KICE, Speaker of the Senate. W. K ABEKNATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHN I. COX, Governor. CHAPTEK 463. Senate Bill No. 540. AN ACT to amend Chapter 122, of the Acts of 1901, of the Gen- eral Assembly of the State of Tennessee, entitled "An Act to apportion the several counties of this State into Senatorial and Representative Districts under the enumeration made un- der Senate Joint Resolution No. 35, and approved February 8, 1901, in pursuance of Article 11, Section 4, of the Constitution, so as to detach Hawkins County from the Second Senatorial District and attach the same to the Third Senatorial District, and detach Greene County from the First Senatorial District and attach the same to the Second Senatorial District, and so as to detach Hawkins County from the Second Representa- tive or Floterial District and attach it to the Fifth Floterial District, and detach Greene County from the Third Floterial District and attach it to the Second Floterial District." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 122, of the Acts of 1901, of the General Assembly of the State of Tennessee, entitled "An Act to apportion the several counties of this State into Senatorial and Kepresentative Districts, under the enumeration made under Senate Joint Kesolution No. 35, and approved February 8, 1901, in pursuance of Arti- — 976 — cle 2, Section 4, of the Constitution," be, and the same fe hereby, amended as follows : That Section 1 of said Act be amended by detaching Hawkins County from the Second Senatorial District and attaching it to the Third Senatorial District, and by de- taching Greene County from the First Senatorial District and attaching it to the Second Senatorial District, and make said section read so as to provide that the First Senatorial District shall be composed of the Counties of Johnson, Carter, Unicoi, and Washington ; that the Second Senatorial District shall be composed of the Counties of Sullivan and Greene ; and that the Third Senatorial Dis- trict shall be composed of the Counties of Hancock, Haw- kins, Grainger, Claiborne, Union, Campbell, and Scott That Section 7 of said Act be, and the same is hereby, so amended as to detach Hawkins County from the Second Floterial District and attach the same to the Fifth Rep- resentative District, and detach Greene County from the Third Representative or Floterial District and attach it to the Second, so that said section shall read as follows: "The Second District shall consist of the Counties of Sullivan and Greene; the Third District shall be composed of the Counties of Washington and Unicoi ; and the Fifth District of the Counties of Hancock, Hawkins, and Grain- ger." Sec. 2. Be it further enacted, That this Act take effect from and after the first day of November, 1906, in so far as it relates to the Representative or Floterial Districts, and that it take effect in so far as it relates to Senatorial Districts from and after its passage, the public welfare requiring it. Passed April 15, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representative*. Approved April 17, 1905. JOHN I. COX, Governor. — 977 — CHAP.TEK 464. Senate Bill No. 687. AN ACT to change the time of holding the Circuit Court for the Counties of Perry and Decatur, in the Twelfth Judicial Cir- cuit of the State of Tennessee, and to provide for all bonds and recognizances taken and process issued to be made re- turnable to the dates and times herein fixed for said counties, and to repeal all laws and parts of laws in conflict with this Act. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Circuit Court in the Twelfth Judicial Circuit in the Counties of Perry and Decatur be held at the following times — to wit: Perry County, at Linden, on the second Mondays in April, August, and December of each year ; and that the Circuit Court be held in Decatur County at Decaturville on the first Mondays in March, July, and November of each year. Sec. 2. Be it further enacted, That all bonds hereto- fore taken and all recognizances heretofore taken in said courts of said counties as held under existing laws, and all process issued hereafter, shall be returnable to the first term of the courts to be held thereafter under the provisions of this Act, and the same shall be binding and valid in law, and that all bonds and recognizances here- after taken shall be returnable to the first term of the courts to be held thereafter under the provisions of this Act Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 15, 1905. E. EICE, Speaker of the Senate. W. K ABEKNATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHN I. COX, Governor. 62 — 978 — CHAPTER 465. Senate Bill No. 684. AN ACT to enable counties baying a population of not less than 21,000 nor more than 22, 500 inhabitants by the Federal Cen- sus of 1900/ or that may have such population by any subse- quent Federal Census, to give its (their) credit to or in aid of any railroad company incorporated under the general laws of the State of Tennessee to any amount not exceeding $56.- 000, in the mode prescribed therein, and to provide for the payment, liquidation, and discharge of the obligation so in- curred. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That any county having a popu- TMsActap- lation of not less than twenty-one thousand nor more &>uDty. vierthan twenty-two thousand five hundred inhabitants by the Federal Census of 1900, or that may have a popula- tion of not less than twenty-one thousand nor more than twenty-two thousand five hundred inhabitants by any subsequent Federal Census, may give its credit to or in aid of any railroad company incorporated under the general laws of the State of Tennessee, to any amount not exceeding fifty thousand ($50,000) dollars, by com- plying with the requirements of this Act. Sec. 2. Be it further enacted, That no such county shall give its credit to or in aid of any railroad company, under this Act, unless its railroad shall run either through said county or to within one mile of the county seat of the county giving its credit to or in aid of such railroad company; Provided, that any such county within which such railroad or any of its branches may terminate may give its credit to or in aid of such railroad, under the provisions of this Act. Sec. 3. Be it further enacted, That before any county Application shall give its credit to or in aid of any railroad company, S?iiS>mitu>d under the provisions of this Act, the President or other couit County authorized officer or agent of such railroad company shall submit to the Chairman or Judge of the County Court of the county an application in the name of the railroad company setting forth the proposed termini of its rail- road, the desired amount of credit to be given to or in aid of such railroad company, the time within which — 979 — its railroad will be constructed, and that such application is made under this Act, and the same shall be accom- panied by a plan or maps certified to by the Chief En- gineer of such railroad company, showing the general direction of its railroad in said county. Sec. 4. Be it further enacted, That uptfn the presen- special term of tation of the application, with the accompanying plan or Saiedmftybe maps, as provided in this Act, it is made the duty of such Chairman or Judge, as the case may be, of the County Court to give ten days' notice to each and every Justice of the Peace of his county to assemble at the courthouse of the county at the time specified in such notice, in order to take action on such application. And if at such special meeting of the County Court a majority of the Justices in commission shall be of the opinion that an election should be held in the county to determine whether or not the county should give its credit to or in aid of such railroad company applied for, the court shall so order. Sec. 5. Be it further enacted, That the County Court of such county shall spread upon its records the applica- Court to make tion and accompanying plans or maps or declaration, as the case may be, and the amount to be voted upon by the people, and shall have full power to order such election according to the lawrs regulating elections. Sec. 6. Be it further enacted, That the election shall be advertised at least thirty days beforehand by notices posted at all the different places of voting, in such county, and by publication in a newspaper, if one is published in such county, at least once a week for four consecutive weeks, in addition to such posted notices, specifying the time said election is to be held, for what railroad, and the amount of credit proposed to be given to or in the aid of such railroad, together with the proposed location of said railroad, as shown by said application. Sec. 7. Be it further enacted, That the Sheriff or Eiection-how other officer or officers whose duty it is, or may be, to open and hold elections shall open and hold elections at every voting place established by law in such county, and his or their certificate of the result of such election to the County Court shall name in writing every established voting place at which an election was opened and held, and every voting place at which an election was not held, and if it shall be made to appear that the said election was not opened in every voting place, then said election — 980 — shall be declared null and void and of ho effect, unless it shall be made to appear to the satisfaction of the Comity Court that said officer or officers, as the case may be, or his or their Deputies, as the case may Ibe, were present at such voting places on the day and hour required by law, and did endeavor to procure judges, clerks, and other officers to hold said election, and that he or they were positively unable to do so, and that the election in said precinct could not be held for the want of judges, clerks, and other officers to hold the same. Sec. 8. Be it further enacted. That at any election Ballots, thus held there shall be plainly printed upon the ballots or tickets the words "For giving credit" and the words "Against giving credit," and the voters who favor giving the credit of the county to or in aid of such railroad company shall place opposite the words "For giving credit" (on either side thereof) a cross mark, thus X, and the voters who are opposed to giving the credit of the county to or in aid of such railroad company shall place opposite the words "Against giving credit" (on either side thereof) a cross mark, thus X. Sec. 9. Be it further enacted, That it shall be the Betorni ^ut-^ °^ *^e County Court to convene on the call of the Chairman or Judge, as the case may be, for the purpose of acting on the returns of the Sheriff or other officer or officers authorized to hold such election, and if it shall be made to appear that the same was in all respects fair and that three-fourths of the votes cast at such election jwere in favor of the county giving its credit to or in aid of such railroad company, then it shall have full power and authority and shall proceed to make and execute all necessary orders, and take such action as may be required to make the giving of the county's credit to such rail- road company effective according to the terms thereof and the provisions of this Act. Sec. 10. Be it further enacted, That should any other elections county fail to vote the giving of its credit to or in aid ™fty e ' of any railroad company, at any election held for that purpose, said county may at any time after sixty days order another election, under this Act, if desired, by complying with the requirements of this Act, as if no pre- vious election had been held. obligation- ^EC# **" ^e *' further enacted, That the credit given when due to or in aid of any railroad company shall not become due able. em*n " and demandable unless said railroad company shall have — 981 — constructed and put in operation within the time fixed by the application, and substantially in the direction and on the line as shown by said plan or map, that portion of the railroad located within such county; Provided, that any county so giving its credit to or in aid of any railroad company, under the provisions of this Act, may, in addi- tion to the restrictions imposed by this section, stipulate with such railroad company that the credit given by such county to or in aid of such railroad company shall not be due and demandable until the railroad company shall construct the road to such points or for such distance as may be agreed upon, but which stipulation, if any, shall be entered into and shall be spread upon the records of said court before any election is ordered. Sec. 12. Be it further enacted, That when such Bonds to issue, credit given to or in aid of any railroad company, by any county, under the provisions of this Act, shall .be- come due and demandable as provided herein, the county giving its credit to or in aid of such railroad company shall make and execute its coupon bonds for the amount of the same, payable not more than twenty years afte* date, bearing interest at such a rate as may be agreed upon before an election is ordered, not exceeding six per cent, payable semi-annually, and deliver the same to the railroad company in whose favor such bonds shall be issued ; Provided, that such county may pay cash, when such bonds are due and demandable, in lieu of the issuing of bonds, at the election of such county. Sec. 13. Be it further enacted, That when said rail- InB^o Jnf«nd road company shall have the right to demand said bonds, ***" under the provisions of this Act, it is made the duty of the county to levy from time to time such taxes upon the taxable property, privileges, and persons liable by law to taxation, within the county, as will be sufficient and necessary to meet the maturing interest on the bonds of such county, and provide for the payment of the princi- pal; Provided, that no such tax shall exceed twelve and one-half per cent of the amount necessary to liquidate the principal of such obligation, in any one year, which tax shall be levied and collected as any other county tax, and shall be paid into the treasury of the county as any other tax, and shall be disbursed for such purpose in the usual way. - 982 — Sec. 14. Be it further enacted, That this Act take effect from and after its passage, the public welfare re- quiring it. Passed April 13, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHN I. COX, Governor. CHAPTER 466. Senate Bill No. 442. AN ACT to create a State Entomologist and Plant Pathologist; to provide quarantine rules and other rules and regulations re- garding the sale, transportation, and delivery of trees, shrubs, vines, plants, or plant products so as to prevent the dissemina- tion of Injurious insect pests, also to amend said Acts so as to make it unlawful for any person, firm, or corporation to knowingly grow, sell, offer for sale, or give away, transport, keep, or permit to be kept any plants, trees, shrubs, vines, or any part of a plant infected with injurious insects, insect pests, and contagious plant diseases, and to otherwise provide for the duties and powers of said State Entomologist and Plant Pathologist, and to regulate the sale and transportation and inspection of trees, plants, roots, bulbs, plants, and plant products. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be unlawful for any person, firm, or corporation knowingly to grow, sell, offer for sale, give away, transport, keep, or permit to be kept upon his or their premises any plants, trees, shrubs, vines, or any part of a plant infested with injurious insect pests and contagious plant diseases. commissioner Sec. 2. Be it further enacted, That within thirtv or Agriculture _ p ' i» i • * 1 •*« •• to appoint, days after the passage of this Act the Commissioner of Agriculture shall appoint a competent Entomologist and Plant Pathologist, subject to the approval of the Gov- ernor, and necessary assistants, who shall, under the au- thority of said Commissioner, be charged with the duty — 983 — of inspecting trees, vines, shrubs, plants, or any part thereof as prescribed in this Act. Sec. 3. Be it further enacted, That the Commissioner of Agriculture and said State Entomologist and Plant Pathologist, who shall constitute and be designated as the "State Board of Entomology," shall have plenary pow- er to enact such rules and regulations for the enforcement of the provisions of this Act as may be necessary to pre- vent, control, and eradicate the further introduction, in- crease, and dissemination of insect pests and fungus dis- eases, which otherwise would threaten the fruit and other agricultural interests of this State. Sec. 4. Be it further enacted, That it shall be the duty of the State Entomologist and Plant Pathologist, Dmoi^itEBto" or his assistants, to inspect annually, or oftener, if nec- essary, all greenhouses and nursery stock grown within the bounds of the State prior to September 1st of each year, and he or they shall issue a certificate of freedom from insect pests and plant diseases to the owner or lessee of any greenhouse or nursery, or other persons who give away, sell, or transport nursery stock, found enti- tled to the same. All certificates of inspection shall be given not later than November 1st of each year, and shall become void after August 1st of the year following. A duplicate copy of each certificate shall be filed by the State Entomologist and Plant Pathologist with the Com- missioner of Agriculture not later than thirty (30) days from the time of issue. Sec. 5. Be it further enacted, That it shall be lawful v^lt^[,li to for the State Entomologist and Plant Pathologist, acting under the authority of the State Board of Entomology, or his assistants or authorized agents, to visit any section of the State and examine any or all fruit-bearing, orna- mental, or shade trees, or any field truck crop or garden, crops, or any plants or parts thereof, of any description whatsoever, and determine whether infectious diseases exist or not If discovery is made of injurious insect pests or fungus diseases, a report in writing of such finding shall be made to the owner of the infested plan- tation, his agents or tenants, and a copy of such report shall be filed with the State Board of Entomology. If any objections are made against the findings of the State Entomologist and Plant Pathologist or any of his author- ized assistants, such objections must be made in writing within ten (10) days of the finding, to the said Board, who — 984 — shall have power to summon witnesses and hear testimony on oath, and whose decision shall be final Any person or persons who shall interfere with the duties of said En- tomologist and said Board, as prescribed in this section, shall be considered guilty of a misdemeanor, and he or they shall be fined not less than twenty-five ($25) dollars nor more than fifty ($50) dollars for each offense. ., _.♦„,„„«. Sbc. 6. Be it further enacted, That upon discovers Aj to treatment lir- -« ',. , -r^, -r» i 1 • * 1 * ofhrfeated by the State Entomologist and Plant Pathologist of dan- gerous insect pests and fungus diseases, whether in green- houses and nurseries or in private or public domain, the treatment prescribed by the State Entomologist and Plant Pathologist shall be executed at once (provided there is no appeal), and under his supervision. If the case in question is worthy of remedial treatment, the cost of the material and the labor shall be borne by the owner. In case infested stock is not worthy of remedial treat- ment, such infectious plants shall be placed under the jurisdiction of the Board of Control. Sec. 7. Be it further enacted, That it shall be unlaw- Nnouobe°°k frl ' f°r any grower, nurseryman, florist, dealer, or oor- swgped poration to ship, sell, or deliver within the State any ~w *" trees or plants of whatever description without having been previously inspected by the State Entomologist and Pltat Pathologist, or his authorized assistants, and a cer- tificate of inspection, which is a facsimile signature of the original certificate, placed upon each bundle, package, bale, box, or car load of shipment. Any violation of said certificate by changing, defacing, penalty. or placing it on uninspected or infested stock, or using the same after date of expiration or revocation, shall ren- der the owner or shipper liable to a fine of not less than one hundred ($100) dollars nor more than one hundred and fifty ($150) dollars for each offense; Provided, that the provisions of this Act shall not apply to farmers or small growers who may sell plants, flowers, or shrubs in their own counties. Sec. 8. Be it further enacted, That each and every N?5f22?ethetir individual, firm, or corporation residing in other States, names. Territories, Provinces, etc., dealing in or handling trees, plants, vines, shrubs, bulls, roots, cuttings, etc., before shipping into the State, shall register his name, firm, or corporation, and .file a copy of his or its certificate of inspection, furnished by the Entomologist, fruit inspector, or duly authorized Government official of his State, coun- — when. — 985 — try, or province, with the Secretary of the State Board of Entomology. All packages, boxes, bales, car loads of plants, commonly known as greenhouse or nursery stock, imported into the State shall be plainly labeled on the outside with the names of the consignor and consignee, and a certificate showing that the said contents had been inspected by a reputable State or Government official Upon the failure of any person or persons to subscribe to the declarations set forth in this section, said stock shall be confiscated under the order of the State Entomologist and Plant Pathologist Sec. 9. Be it further enacted, That the Tennessee State Board of Entomology shall have the power to adopt ^ti^SSSfir such quarantine rules and other regulations, not incon- tiOII,■ 8istent with the Constitution of the State and United States, as they may deem necessary to prevent the intro- duction of dangerously injurious fruit or crop pests, or diseases from without the State, and to govern common carriers in transporting shipments liable to harbor such pests or diseases to or from the State, and such regula- tions shall have the force of law. Sec. 10. Be it further enacted, That any agent, com- Penalty, mon carrier, railroad, steamboat, or express company found delivering within the bounds of the State any plants, trees, shrubs, vines, cuttings, bulbs, roots, etc., un- der conditions otherwise than that provided in this Act, c shall be found guilty of a misdemeanor and fined not less than twenty-five ($25) dollars nor more than fifty ($50) dollars for the first offense, and one hundred ($100) dollars for each offense thereafter. Sec. 11. Be it further enacted, That all nursery stock Sold, shipped, or delivered within this State or shipped into this State from other States shall be treated or fumigated as may be required by the regulations of the Tennessee State Board of Entomology hereinbefore pro- vided for. Sec. 12. Be it further enacted, That upon knowledge coming from any county within the State to the Board of Control that noxious insect pests or plant diseases exist in said county, or in close proximity in an adjoining county, the State Entomologist and Plant Pathologist shall be empowered by said Board to investigate as speedily as possible the supposed infectious district; and if, upon examination, dangerous insect pests or infectious plant diseases are disclosed, such infected premises shall — 986 — be treated in accordance with this Act, as prescribed in Sections 5 and 6. Sec. 13. Be it further enacted, That the State En- %SL£%t tomologist and Plant Pathologist shall submit to the State Board of Entomology a monthly report of work done ; he shall also submit an annual report on or before the first of February of each year to the Governor of the State, embracing a review of inspections and investigations made and the condition of the State relative to insect pests and plant diseases, which shall be published, as are other State reports, for general distribution. compensation. Sec. 14. Be it further enacted, That the sum of two thousand ($2,000) dollars annually be, and is hereby, ap- propriated to the State Board of Entomology in order to carry out the provisions of this Act — namely, to em- ploy a competent State Entomologist and Plant Pathol- ogist; to procure the requisite facilities and equipment necessary for the proper discharge of duties herein in- curred; to support a reasonable amount of investigation in addition to the inspection work of the State; and to publish the results of observations and investigations made in bulletin form, which may disseminate informa- tion that will prove useful to the agricultural and hor- ticultural interests of the State. Sec. 15. Be it further enacted, That the Comptroller %ww£rant of the State be, and is hereby, authorized to issue his warrant upon the State Treasurer for the sum of two thousand ($2,000) dollars annually out of any funds not otherwise appropriated ; that the said sum of money shall be made payable quarterly to the State Board of Ento- mology and only upon the presentation of the proper vouchers. Ruie« may be Sec. 16. Be it further enacted, That the State Board sti2* Board of Entomology shall have power to adopt such rules and regulations governing insect and plant pests within the bounds of the State, as are not inconsistent with the Constitution of the State and the United States ; that said Board shall, within sixty (60) days from the passage of this Act, draft and publish through the State press all rules and regulations necessary to carry into full and complete effect the embodiment of this Act, cautiously and wisely outlining the diseases and maladies caused by both insect and fungus, and explaining what constitutes infectious plant diseases in the eyes of the law. of Entomol- ogy. — 987 — Sec. 17. Be it further enacted, That this Act shall take effect from and after its passage, the public welfare requiring it ; and that all laws or parts of laws in conflict with this Act are hereby repealed. Passed April 13, 1905. E. KICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHN I. COX, Governor. CHAPTEE 467. Senate Bill No. 592. AN ACT entitled An Act to create and establish a School Dis- trict ljo. — , in Dickson County, and define boundaries there- of. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a School District No. , known as No. , be, and the same is hereby, estab- lished in Dickson County, Tennessee, and the boundaries thereof shall be as follows: Beginning at the east boundary line of the Seventeenth School District in Dickson County, where said line crosses the Maysville Road, two and one-half miles east of Sylvia, in the south boundary line of the G. M. Wolf land, and in J. D. Sensing's west boundary line ; thence east with the south boundary lines, and including the lands of GL M. Wolf, J. D. Sensing, A. W. Watson, W. F. Jones, F. W. Ferrell, Eliza Luke, James Beakly, A. L. Miller, K. Johnson, and William Roberts, to the Drake Hollow; thence east to L. D. Miller's south boundary line ; thence with said line east to his southeast corner ; thence north to the Eighth District line ; thence northwest with said line to Barton's Creek, near the mouth of Drake Hollow; thence up said creek to the mouth of the William Harris — 988 — » Branch ; thence northwest and with the boundaries of the Eighth District line to the northwest corner of W. H. Pentecost's land; thence southwest including said Pente- cost's land, also including and with the north boundary of the lands of Belle Elliot, J. M. Jackson, Mathis Bro&, Gertrude Morris, Eliza Neblett, A. K. Berry, and A. J. Irwin, to the Seventeenth School District line or Sylvia School District; thence south with said Seventeenth School District line to the beginning, including within the said boundaries what are known as the Elliott and Marina Schools, in the Sixth District of Dickson County, Tennessee, be, and the same are hereby, incorporated into one School District, to be known as School District No. Sec. 2. Be it further enacted, That in the election of School Directors, apportionment of the school fund, and in all things, the officers elected or appointed shall be gov- erned by the general laws of the State applying to elec- tions and public schools. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 15, 1905. E. KICE, Speaker of the Senate. W. K ABEKCTATHY, Speaker of the House of Representatives. Approved April 15, 1905. JOHN I. COX, Governor. CHAPTER 463. Senate Bill No. 460. AN ACT to Incorporate the Town of Fowlkes, In the County of Dyer, and to define its rights and powers, provide tor the elec- tion of officers, prescribe their duties and powers. Section 1. Be it enacted by the General Assembly of the State of Tennessee* That the Town of Fowlkes, Ten- nessee, in the County of Dyer, and the inhabitants thereof, are hereby constituted a body politic and corporate by the — 989 — name and style of "The Town of Fowlkes," and by this corporate name and style said town may sue and be sued, and shall have the right of perpetual succession. Sec. 2. Be it further enacted, That the said Town of Fowlkes, hereby incorporated, shall be further empowered in its corporate capacity to contract and be contracted with, grant, receive, purchase, and hold real, mixed, and personal property, and dispose of the same for the benefit of said . town within the corporation, and have and use a common seal, and make, purchase, or otherwise acquire and hold property, real and personal, beyond or within the limits of the corporation to be used for the burial of the dead, for the erection, operation, and maintenance of water- works, light and power plants, fire department, school- houses, library, pesthouses, hospitals, and other improve- ments for the welfare of the inhabitants of the said town. Sec. 3. Be it further enacted, That the boundaries of Boundiriet. the "Town of Fowlkes," hereby incorporated, be as fol- lows: Beginning at a stake ten rods e&st of the northeast cor- ner of the original plat of Fowlkes; thence south ninety rods and eight feet; thence west with the south boundary line of the original plat of Fowlkes one hundred and five rods and eleven feet to and including Walnut Street; thence north with Walnut Street ninety rods and eight feet ; thence east with the north boundary line of the origi- nal plat of Fowlkes one hundred and five rods and eleven feet to the place of beginning. Sec. 4. Be it further enacted, That the officers of the o^,, to be "Town of Fowlkes," to be elected by the qualified voters of elected. said town, shall be a Mayor and seven Aldermen, who shall constitute the Town Council, each and all of whom shall be citizens and qualified voters within the corporate limits of said town, and shall hold office for one year, and until their successors are elected and qualified. Sec. 5. Be it further enacted. That the Mayor and organiMtton. Aldermen so elected shall meet and organize upon the first Monday in the next month after their election, or within ten days after the said first Monday, and shall, as soon as possible, elect a Recorder, Marshal, Treasurer, and such other officers as may be necessary to carry out the objects of this charter, all of whom shall be citizens and voters in said town hereby incorporated. Sec. 6. Be it further enacted, That the first Town Fiwt counoii Council under this charter shall be the following named nam*L — 990 — City elections. Council to be legislative authority. persons — to-wit : J. A. Moore, Mayor ; T. J. Fitzhugh, W. R. King, W. E. King, George Vear, O. S. Huffman, and J. D. Richardson, Aldermen — and shallhold their office and exercise all of the power conferred and perform all the duties imposed by this Act until their successors have been duly elected and qualified. Sec. 7. Be it further enacted, That on the first Thurs- day in September, 1905, and every year thereafter, the Town Marshal shall open the polls and hold an election in the "Town of Fowlkes" for the purpose of electing a Mayor and seven Aldermen and one member of the School Board ; but ten days previous to holding said election the Marshal shall notify the voters in said town of said elec- tion by a notice in some newspaper published in said town, if there be one, if not then by printed hand bills posted on the front of the courthouse door and the post- office in the Town of Fowlkes, of the time, place, and the purpose of the same, and to assist him in holding said election the Marshal shall appoint from the qualified vot- ers of said town three Judges and two Clerks, who shall take an oath before any Justice of the Peace to impartially and faithfully perform the duties of the positions they re- spectively fill, and said election shall be held in all other respects in accordance with the election laws of the State of Tennessee, except the provisions of the Acts of the Extra Session of 1900, Chapter 24, and all of its amend- ments, and the Acts of the Extra Session of 1890, Chapter 24, with all of its amendments, the same being commonly known as "The Dprtch Registration Laws," shall not apply to the same. Sec. 8. Be it further enacted, That the said Mayor and said Aldermen, under the style of the Town Council, shall constitute the legislative body of said corporation, they shall meet once each month, and oftener if they deem it necessary, and shall have power to pass all ordinances and resolutions and to make all orders that are necessary to carry out the objects of this charter ; and it shall not be necessary for an ordinance to pass more than one reading, but before an ordinance becomes effective it shall, on or before the next meeting after its passage, be signed and approved by the Mayor, but the Mayor shall have veto power, and if he shall refuse to approve an ordinance he shall return the same to the Council at its next meeting, with his reasons stated in writing for his refusal, and said ordinance shall not become binding unless the Council, by — 991 — the affirmative vote of five members, shall pass the same notwithstanding the Mayor's veto, but if the Mayor does not veto the same as provided within ten days, it shall be valid and enforceable without his signature and approval. Sec. 9. Be it further enacted, That the Mayor shall d^^o' hold his office for one year, or until his successor is elected and qualified. No person shall be elected Mayor who has not at the time of his election been a citizen of the State of Tennessee for two years and a bona fide citizen of the Town of Fowlkes for one year previous to his election, and shall, at the time of his election, be twenty-five years of age. It shall be the duty of the Mayor to preside at all meet- ings of the Town Council, to vote in the election of all officers of the town, and in all cases where it is a tie vote. He shall have power to call special meetings of the Town Council when he deems such meetings necessary. He shall have power to fill all vacancies of any office, except that of Alderman, until the same be filled by the Town Council. He shall see that all ordinances and resolutions of the Town Council are fully enforced, observed, and re- spected, and in case of an emergency he shall have the power to call to the aid of the regular police force of the corporation as many special police as he may deem proper to effect this end, and the Town Council may, by ordi- nance, prescribe penalties for a failure to o^ey such call. Sec. 10. Be it further enacted, That in case of the absence, sickness, or other disability of the Mayor, the Recorder shall be, for the time being, Mayor pro tempore, and shall have the same power and perform such duties as are given to the Mayor by this charter. Sec. 11. Be it further enacted, That the Mayor shall be the chief executive officer of the town, and as such shall be an ex-ojficio chief of police, and chairman of all stand- ing committees. In all suits and action brought against the Town of Fowlkes, process shall be served upon the Mayor, or, in his absence, on the acting Mayor, and he shall immediately notify the City Attorney of such suit or suits and the nature of the same. Sec. 12. Be it further enacted, That the Town Council Trouper i -. . ' ' and MMflh snail, at its first meeting in every year, or as soon there- after as possible, elect from the bona fide citizens of the Town of Fowlkes, a Recorder, Treasurer, Marshal, and such other officers as they may deem necessary, who shall and Marshal, 992 — Powers of Ee- oorder. Change of yenue. Records to be kept by Be- oorder. hold their office for one year, or until their successors are elected and qualified, and each and every officer so elected shall, before entering upon the discharge of his office, take an oath before the Mayo* to faithfully and honestly dis- charge the duties of his office to the best of his skill and ability. The Eecorder shall try all cases for the violation of any and all the ordinances of the corporation and all offen- ses against the peace and dignity of the town, and he is hereby vested with all the powers of a Justice of the Peace in Dyer County in the trial of criminal cases ; Provided, that in the absence of the Recorder, or for any reason he is incompetent to try a case, the same power and du- ties are hereby conferred upon the Mayor, who shall try said case in the room and stead of the Recorder. In case a party accused makes oath that justice, in his opinion, will not be meted out to him, and his affidavit is supported by two disinterested parties, a change of venue may be had from the Recorder to the Mayor, who is here- by empowered to try and decide said case under the ordi- nances of the town. In case an appeal is taken from a fine imposed by the Recorder or Mayor, the party appeal- ing shall be required to enter into bond, securing the fine and costs to said corporation, conditioned to successfully prosecute said appeal in the appellant courts, and in no case shall a party fined have the right to appeal on the pau- per oath. The Recorder shall keep an accurate and correct minute of all proceedings of the Town Council, issue privilege license, and collect taxes on same ; he shall collect all ad valorem and special taxes levied by the Town Council. He shall keep a proper ledger account of the same, he shall make out the town tax book and turn the same over to the Town Marshal for collection, taking his receipt therefor. He shall have charge of all the records and properly of said corporation, and shall take special care of the same. He shall perform such other duties as the Town Council may, by ordinance, impose upon him not in conflict with the provisions of this charter or the statute laws of the State. He may be required by the Town Council to act as Treasurer, he shall receive such compensation over and above his regular fees for issuing license and trying criminal offenses as the Town Council may fix. He shall receive the same fees for issuing privilege license that is allowed to County Court Clerks for the same service, and — 993 — Jiall be entitled to the same fees in the trial of criminal :ases that are now allowed by law to Justices of the Peace n such trials. Sec. 13. Be it further enacted, That the Treasurer nuties of hall be elected from the bona fide citizens of the town ror one year by the Town Council, and shall hold his >ffice until his successor is elected and qualified. The Treasurer shall receive from the Town Marshal and Re- corder all moneys that may come into their hands and re- seipt them or either of them for the same. He shall keep i proper account of all funds of whatever nature that may »me into his hands, and for such purpose he shall keep rach book or books as the Town Council may direct. He shall make out and present quarterly, or oftener if the Town Council demands it, a full and explicit re- port of all moneys and the disbursement of the same, that have come into his hands, which report shall, after it is ap- proved by the Mayor, be published in some newspaper m Fowlkes, or by printed statements upon hand bills, which shall be left in the office of the Recorder, where they can be distributed to the taxpayers and inhabitants of the town, but if said report is published in a newspaper the Town Council shall not have the right to pay more than twenty-five cents per inch for the publishing of said re- port. He shall perform such other duties pertaining to his office as the Town Council may provide. Sec. 14. Be it further enacted, That the Marshal of Dutiti of Mar- the town shall be elected by the Town Council at its first meeting after its election, or as soon thereafter as possible, and shall hold his office for one year or until his successor is elected and qualified. He shall at the time of his elec- tion be a citizen of the Town of Fowlkes, Tennessee. He shall thoroughly acquaint himself with the by-laws and ordinances of the town ; he shall rigidly enforce the same, for which purpose full police power is hereby given him, which he may promptly exercise without warrant in hand ; and when necessary he shall have the right and power to call to his assistance any member of the male citizens he may deem necessary to assist him in making arrests, and the Town Council may, by ordinance, impose a penalty upon any one refusing to obey such a call. He shall collect all taxes, except privilege taxes and the ad valorem tax on merchants and others subject to ad valorem tax by the laws of the State of Tennessee, and 63 — 994 — shall perform such other duties that may be imposed upon him by the Town Council, He shall have charge of the city jail and the town prison* and shall be entitled to not exceeding forty cents per day. as the Town Council may determine, for boarding the same. When a prisoner is committed to him he shall take charge of him, and keep him safely until tried, and if fined and the judgment shall so direct, shall work said prisoner upon the streets of the town or otherwise work him. Sec. 15. Be it further enacted, That the Town Coun- PTow™ council cil shall have the power by ordinance or resolution within the corporate limits of said town : 1. To levy and collect taxes upon all real, personal, and mixed property, polls and privileges, taxable by the laws of the State of Tennessee. 2. To appropriate money and to provide for the pay- ment of the debts and liabilities of the town. 3. To license, tax, and regulate everything, person, business, and corporation, licensed, taxed, and regulated by the laws of the State of Tennessee. 4. To open, establish, extend, widen, alter, abolish, and discontinue any street or alley, and to grade, pave, and otherwise improve the same, and to establish, maintain, and keep in repair crossings, bridges, culverts, sewers, gutters, or to alter, change, abolish, and discontinue the use of the same. 5. To regulate and provide for the construction or re- pairing of sidewalks and foot pavements, and to compel the owners of property upon any street, avenue, or alley within the corporate limits, to grade and to pave the sidewalks and pavements to the whole extent of, and along the front, or side, or front and side, of their property, the same to be in accordance with and pursuant to the pro- visions of the ordinance or resolution directing the said sidewalks or streets to be repaired, and if the owner of any lot or property shall fail to comply with the provisions of said ordinance or resolution within a prescribed time stated in said ordinance, the Town Council may contract for the construction and repairing of such sidewalks or pavements and pay for the same, and the amount so paid shall be a lien upon said lot or property to be enforced by a sale of the property by a proceeding in the County Court of Dyer, or by a bill in Chancery Court as vendor liens are enforced, under the laws of the State. — 995 — 6. To make regulations to prevent the introduction and Quarantine pread of contagious diseases within the town, and to Teslll*tlon,• nake quarantine laws for this purpose, and to enforce the ibeyance of the same within one mile of the corporate imits, and to construct hospitals and pesthouses and Con- ine parties infected with contagious diseases, within the ame. 7. To make all necessary regulations and laws to secure he health, safety, peace and comfort of the inhabitants )f the town, 8. To provide for the lighting of the streets and public buildings. 9. To establish a market house and markets and to regu- late the same. 10. To provide for the erection of all buildings tha& are now necessary or that may become necessary for the use of the town. 11. To regulate, prohibit, or suppress all disorderly houses, bawdy houses, or houses of ill fame. 12. To provide for the prevention and extinguishment of fire ; organize, establish, regulate, and control fire com- panies; to regulate, restrain, and prohibit the erection of any wooden building or buildings in any part of the town; to prevent and cause the removal of any manufac- tures regarded as dangerous in causing fires and ex- plosions. 13. To regulate the storage of gunpowder and all other Explosive* combustibles or explosives, and the use of lights and stove- pipes, in all stables and shops and other public places, and to provide for the cleaning, sweeping, and burning of chimneys and flues. 14. To establish standard weights and measures to be used in the town in all cases not otherwise provided for by law. 15. To provide for the inspection of lumber and other building material. 16. To provide for the weighing, measuring, and in- spection of everything sold, handled, or exchanged inside the corporate limits not already provided for by law. 17. To regulate the police of the town, to impose fines, forfeitures, and penalties for the breach of any ordinance, and to provide for the recovery of the same. 18. To provide for the arrest and confinement, until toed, of all disorderly, riotous, or drunken persons by day or by night. — 996 — 19. To arrest and fine all persons who lounge around the streets and alleys without any visible means of sup- port. 20. To fine any person guilty of discharging firearms, firecrackers, or any other explosives within the corporate limits, and to regulate and prohibit the sale of firecrackers, Roman candles, skyrockets, or any other explosives of like character within the corporate limits of said town. 21. To commit any person or persons who fail or refuse to pay or secure any fine or cost upon them for the violation of any ordinance of the town, to the jail or workhouse of the Town of Fowlkes, until said cost and fine is paid oi secured. Any person so committed shall be required to work for the town at such labor as his or her strength will permit, within or without said jail or workhouse, not ex- ceeding ten hours each day, and for such work the person so worked shall be allowed, exclusive of board, a credit upon such fine and cost not less than forty cents per day, until the whole of said fine and cost is paid, when they shall be discharged. 22. To remove and prevent all filth in the town, and all encroachments into and obstructions upon all streets, lanes, alleys, sidewalks, and pavements; and to provide for the cleaning of the same. 23. To regulate and prohibit the public from going upon or trespassing upon the railroad yards or right of way within the town. 24. To regulate and prevent the running at large of hogs and other animals within the town, and to provide a city pound in which to impound such animals, and in default of redemption, to sell or dispose of the same. 25. To regulate and prevent the keeping or building of slaughter pens, stock pens, and hog pens within the cor- porate limits of said town. 26. To license, tax and regulate drays, hacks, wagons, and omnibuses. 27. To restrain and prohibit gaming houses and saloons, and should saloons or tippling houses be allowed at any time by law within the corporate limits, to regulate and restrain the same. 28. To erect waterworks and electric light plants, and lay pipes and locate pumps upon the streets and alleys of the town, and to abolish, close, and fill up tanks, wells, cisterns, and sinks. — 997 — 29. To purchase the cemetery near town and land ad- oining same, and to m^Jce all necessary regulations to »ep up the same. 30. To establish a system of free schools and maintain hem by taxation, and for this purpose the Town Council ^J^jjjj^, hall have the power to levy a special tax, designated as maintAinod- he "School Fund Tax," which shall be used exclusively :or the purposes for which it is levied. Said tax shall not exceed fifty cents on each one hundred lollars' worth of taxable property within the corporate limits. Said school, when established, shall be under the sontrol of a School Board, composed of three male citizens ;>f the town, who shall be elected by the people at each regular election of the Mayor and Aldermen, after said school is established. When said school is established, the ftrst School Board may be elected by the Town Council, jfho shall hold their office until their successors are elected and qualified. The first School Board elected by the Town Council shall be elected so that one shall hold his office until his successor is elected at the next regular election, the second one shall be elected until the second regular election, and the third one shall hold his office until the third regular election, so that every year thereafter one member of the Board shall be elected at each regular elec- tion, who shall hold his office for three years until his suc- cessor is elected and qualified. Said Board shall, within ten days after their election, meet and organize by electing one of their number Chair- man, and one Secretary, to serve for one year or until their successors are elected and qualified. Said Board shall have power to employ teachers and operate said school in said town. They shall draw all warrants upon the Treasurer, which shall be honored by him when such warrants are ap- proved by the Mayor. Before entering upon the discharge of their duties they shall take an oath to faithfully and impartially discharge the duties of their office. 31. To determine what are nuisances, and restrain and abate the same. 32. To do and perform all acts thaf municipal corpora- tions have the right and power to do, either by the statute laws of the State of Tennessee or the common law of the laad. Sec. 16. Be it further enacted, That all property, real and personal, subject to State and county taxes, and — 998 — all persons liable for poll tax when the same shall have become duly assessed for taxation as now, or may hereafter be provided by law under the general laws of the State, shall be the basis upon which property shall be taxed, and the faxes collected by the Town of Fowlkes for municipal purposes as hereinafter provided. Hecordertopre- Sec. 17. Be it further enacted, That as soon as prac- £!*• for city ticable in each year after the assessment books for the ""bow* State and county are completed (which shall be after the Equalization Board provided for by the State law shall have finished the equalization of taxes in Dyer County) it shall be the duty of the Recorder to prepare or cause to be prepared from the said assessment books of Dyer County, a tax book, as required by the laws of the State to be made out by the County Trustee, embracing, how- ever, only such property and persons as are liable for taxes within the corporate limits of the Town of Fowlkes. Such tax book, when certified to be thorough, correct, and com- plete by the Recorder, shall be the assessment value for taxes in said town for all municipal purposes; Provided, that there may be an assessment by the Marshal at any time of any property or person subject to taxation found to have been omitted. Sec. 18. Be it further enacted, That it shall be the Heport to duty of the Recorder in each year, as soon as such assess- Cpuncii. ment roll for the town is complete, to submit to the Town Council a certified statement of the total amount of the assessment of the taxable property for the year within the town limits, including the assessments of all railroad, telegraph, and telephone property, together with a certified statement of the revenue derived by the town from privi- lege taxes, merchant ad valorem taxes, and fines for the preceding fiscal year. Upon the presentation of such statement, the Town Council shall proceed, by ordinance, to make the proper levy to meet the expenses of the town for the current fiscal year, and all special assessments that are necessary to be made. Sec. 19. Be if further enacted, That it shall be the duty of the Recorder, immediately after the levy of the taxes by the Town Council, to cause the said levy to he extended on the said books, prepared by him, in the same manner that extensions are made upon the tax books in the hands of the Countv Trustee. — 909 — Sec. 20. Be it further enacted, That all taxes due Marshal to the Town of Fowlkes, except privilege and merchants ad ooUect valorem taxes, shall be due and payable on the first Mon- day in November, in the year for which the taxes are assessed, and upon that date the tax book prepared by the Kecorder shall be turned over to the Town Marshal, who shall proceed to collect them, and turn the same into the town treasury. On the first Monday in June of each year, after the taxes are assessed, all taxes uncollected by the Marshal, qnentiwhen. and unpaid at that time, shall become delinquent taxes, and the Marshal shall turn the same over to the Town Recorder, certified to by him upon oath, that the taxes so turned over are unpaid and delinquent. Said taxes shall then become delinquent, and shall have the same force and effect of a judgment of a court .of record, and the Kecorder shall have the power to issue distress warrants and alias and plures distress warrants in the name of the Town of Fowlkes to the Marshal, to enforce the collection of the taxes against the person owing the same; and such distress warrant or warrants shall be executed by the Marshal of the Town of Fowlkes by a levy upon a sale of the goods and chattels of said de- linquent taxpayers under the same provisions as pre- scribed by law for the issuance of distress warrants for the collection of State, county, and school taxes. Sec. 21. Be it further enacted, That all municipal taxes on real estate in the Town of Fowlkes are hereby declared to be a lien on said property from and after the 10th day of January of the year for which the same are assessed, superior to all other liens, except the lien of the State of Tennessee, and the County of Dyer, for taxes •trally assessed thereon, with which it shall be a co-ordi- nate lien. No assessments shall be invalid because the size and dimensions of any tract, lot, or parcel of land have not been precisely named, or the amount of the valuation or tax not correctly given, nor because the property has been assessed in the name of the person who did not own the same, nor because the same was assessed to unknown owners, nor on account of any objections or informality merely technical, but all such assessments shall be good and valid. Sec. 22. Be it further enacted, That the lien for de- u^e?riow linquent and unpaid taxes, as above provided, shall be en- — 1000 — forced against the property and the owners thereof in \ht way and manner provided in Chapter 6, of the Acts of th Legislature of 1897, the same having been passed Apri 1, 1897, and approved April 29, 1897, entitled "An Ad to enable incorporated towns and cities in Tennessee Xi sue in their corporate name in the Chancery Courts far municipal taxes, assessed on real value, to enforce the lien for some by sale of the land assessed, and in such suit to* make, or may make, the owners of as many as twenty-five distinct parcels of land defendants." Sec. 23. Be it further enacted, That no real property on which delinquent taxes are due, shall be proceede< against as above provided until a distress warrant has been issued against the owner of said realty, and returned by the Marshal nulla bona. Who may vote. -Sec. 24. Be it further enacted, That all male persons who are qualified to vote in the Town of Fowlkes in State and county elections shall be entitled to vote in all munici- pal elections in the Town of Fowlkes, Tennessee; Pro- vided, they shall not be required to show any registration receipts ; and Provided further, that all voters subject to poll tax under the law shall present to the Judges of said election a receipt showing that they have paid their munic- ipal poll tax for the year previous to the one in which said election is held, or shall subscribe to an oath that said municipal poll tax has been paid. Sec. 25. Be it further enacted, That all officers of this corporation, except the Mayor and seven Aldermen, shall, before entering upon the discharge of their duties, enter into bond under such penalties as the Town Council may prescribe. Sec. 26. Be it further enacted, That from and after the passage of this Act, the Town of Fowlkes shall have power to issue coupon bonds in the manner and under the restrictions hereinafter provided not to exceed in the aggre- gate a sum which taken with all other debt or debts of the corporation then existing, and not provided for by a prior assessment of taxes, shall not exceed fifteen per centum of the assessed value of property subject to taxation by this corporation, as shown by the tax books prepared by the Recorder for the year previous to the one in which said election is being held ; Provided, that the proceeds of said bonds shall be used exclusively for the purpose of their is- suance. They shall have power to issue bonds for the pur- Bonds may be issued for waterworks and sewers, lights and streets. — 1001 — >ose of constructing and building waterworks, sewers, ight plants, and to improve streets, alleys, and avenues; ind for the erection of a school building, and supplying the same with fixtures; and for the purpose of erecting, instructing, and building any other buildings that may De necessary for the use of the town, or for the purchase >f any lot or parcel of ground to be used for corporation purposes. Sec. 27. Be it further enacted, That the bonds so is- etc.m sued shall be of such denomination, bear such interest not exceeding six per cent per annum, and be due at such time, not less than five nor more than thirty years from date, and shall be payable or redeemable at such times and places as the Town Council may determine. Sec. 28. Be it further enacted, That the bonds thus provided for shall be in no case sold for less than par, and the coupons attached shall at maturity be receivable for taxes and dues to this corporation, except the sinking fund tax, provided for by the following section, and the school Ina!JKng "fund fund tax. *•*• Sec. 29. Be it further enacted, That before any bonds are issued under the provisions of this Act, the Town Council shall provide, by ordinance, a sinking fund for the payment of the interest as it shall accrue, and for re- tiring the bonds, by levying a special tax, to be designated the sinking fund tax, of not exceeding seventy-five cents on the one hundred dollars. Said special tax is to run with the bonds, and to be collected annually, and to be used exclusively for the purposes for which it is levied, and °°£& thiird" to be sufficient, with its accumulations, as near as may be ties* estimated, to pay the interest and meet and retire the principal of said bonds by their maturity. The Town of Fowlkes shall elect three citizens of the town as Sinking Fund Commissioners, each of whom shall hold office during the pleasure of the Town Council, and said Commissioners shall take an oath to faithfully discharge their duties, and shall give bond in such amount and under such penalties and conditions, and serve for such compensation as may be prescribed by ordinance, and it shall be their duty, as Commissioners, to receive the sinking fund tax when col- lected; to pay or provide for the payment of the interest on such bonds when and as if it shall accrue, and to invest the money received for the sinking fund from time to time in the purchase, redemption, or payment of said bonds — 1002 — at not exceeding par and accrued interest, or in the pnr« chase of other securities, to be approved by the Towi Council; and all bonds by them at any time redeemed; shall be cancelled in the presence of the Town CouncOj by. whom a record thereof shall be kept. Said Commis- sioners shall, on the first days of January and July of each year, make to the Town Council a detailed vA itemized statement of the amount paid into the sinking fund, and of all disbursements made therefrom under the provisions of this Act, and shall accompany said report with a certificate showing all the bonds and numben thereof purchased, paid, redeemed and cancelled, and all necessary expenses to the redemption, cancellation, an4 preservation of said bonds, and all necessary expenses for the purchase, preservation, and safe-keeping of other curities which may be purchased for said sinking fund* shall be paid out of said sinking fund. Sec. 30. Be it further enacted, That said bonds shall not be issued unless authorized by a two-thirds majority EMd°tefone vote ca8t ^7 ^e q11*^^ voters, voting at an election to tendi are be held by order of the Town Council, any time, and tt many times as the Town Council may deem necessary. Sec. 31. Be it further enacted, That an election held for the purpose of authorizing the issuance of bonds shall be held as other municipal elections are held in said Town of Fowlkes, by the Marshal, in the same way and manner that he holds other elections, and in the place of the names of candidates, there shall be printed upon an equal number of ballots to be used in said election the word "Bonds" printed upon it, and those voting against the issuance of bonds shall vote the ballot that has the word "Bonds" printed upon it, and those voting against the issuance of said bonds shall vote a ballot that has upon it the words "No Bonds." Sec. 32. Be it further enacted, That this Act is de- clared a public law, and may be read in evidence in all the courts of law and equity in this State, and all ordinances, resolutions, and proceedings of the Town Council may be read as evidence in all courts of law and equity, after first being attested by the Recorder and the seal of the corporation affixed thereto. Sec. 33. Be it further enacted, That all laws and parte of laws in conflict with the provisions of this Act, be, and the same are hereby, repealed ; and that this Act — 1003 — ake effect from and after its passage, the public welfare ■squiring it. Passed April 11, 1905. E. KICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 15, 1905. JOHN I. COX, Governor. CHAPTER 469. Senate Bill No. 621. A BILL to be entitled An Act to authorize the Town of Greene- ville to issue bonds for the purpose of street and schoolhouse improvement, and to discharge outstanding floating indebted- ness, and to provide for the payment of such bonds. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Town of Greeneville be authorized and empowered to issue interest-bearing bonds for the sum of five thousand ($5,000) dollars for the pur- pose of improving streets and public school buildings, and for paying outstanding valid obligations against said town. Said bonds may issue to run ten years, but to be payable in five years, at the election of the town. Interest thereon will be payable annually. Sec. 2. Be it further enacted, That before the bonds provided for in Section 1 of this Act shall issue, an elec- tion shall be held at the usual voting place within the111^0^^1* corporate limits of said Town of Greeneville as other regu- lar elections are held in and for said municipality on the 87th day of May, 1905, at which election those in favor of issuing them, aforesaid bonds, shall have written or printed on their ticket the words "For Bonds," those op- posed to issuing bonds shall have written or printed on. their ticket the words "Against Bonds," and if at such election the majority of the votes cast shall be "For Bonds" and then the Board of Mayor and Aldermen of said Town of Greeneville shall issue said bonds as provided for in _1004 — Section 1 of this Act, bearing a rate of interest not ex- ceeding six per cent per annum, and shall not be floated for less than par of their face value. Sec. 3. Be it further enacted, That the Board of Mayor and Aldermen of said town shall have the power, and it shall be their duty, to levy a tax sufficient to meet inteieetand the annual interest on these bonds, and to create a sinking •hiking fund fund f or their discharge. This tax may be levied in ex- cess of the rate fixed in the legislative charter of the town as contained in the Public Acts of the General Assembly for 1903, Chapter 563. Sec. 4. Be it further enacted, That this Act take eflFect from and after its passage, the public welfare requiring it Passed April 14, 1905. E. EICE, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved April 15, 1905. JOHN I. COX, Governor. CHAPTER 470. Senate Bill No. 679. AN ACT to create and regulate the office of County Judge lor Wayne County, and to abolish the office of Chairman of the County Court. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That there shall be elected by the qualified voter3 of Wayne County a person learned in the law, to be styled a "County Judge" of Wayne County, and who shall be the County Judge of said county, and who shall be thirty years old, and who shall hold his office a term of eight years from the date of his commission; and said person to be a citizen of Wayne County, and a person of good moral character. Sec. 2. Be it further enacted, That the first election for County Judge of Wayne County shall be held at the Election. same place and at the same time and by the same officers — 1005 — at other county elections are held, on the first Thursday August, 1906, and under the same rules and regulations at are prescribed by law for other county elections, and beequent elections (except vacancies, which shall be led when they occur in the manner prescribed by law) i the first Thursday in August every eight years there- :ter. Sec. 3. Be it further enacted, That the County Judge ! Wayne County shall have and exercise all the rights, _ ... .. ^ , . r , . . , * ,., .J. Jurisdiction, owers, and jurisdiction that are conferred by existing etc. iW8 upon the County Judges of this State, and shall com- ly with all the requirements of and perform all the duties nposed by law, creating and regulating the powers and uties of County Judges. Sec. 4. Be it further enacted, That all the powers and uties now vested in and belonging to the Chairmen of the special powers. Jounty Courts of this State be, and the same are hereby, onferred upon the County Judge of Wayne County, who 8 hereafter to be elected by the qualified voters of Wayne 3ounty, and the office of Chairman of Wayne County 2ourt is hereby abolished from and after the first Monday n June, 1905. Sec. 5. Be it further enacted, That the County Judge rf Wayne County shall receive a salary of four hundred salary, lollars ($400) per annum, to be paid quarterly out of the revenues of the county. Sec. 6. Be it further enacted, That the present Chair- man of the County Court of Wayne County continue to Governor to ap- bold the County Court of said county until the first Mon- point-wi™. day in June, 1905, during which time it shall be the duty of the Governor to appoint a Judge under this Act, and duly commission him to fill out the time from the first Monday in June, 1905, until the regular election in Au- gust, 1906. Sec. 7. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 14, 1905. E. RICE, Speaker of the Senate. W. K ABEENATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHX I. COX, Governor. _ 1006 — CHAPTER 471. Senate Bill No. 674. I AN ACT to establish a School District in the County of Hictama, to be known as District No. 68. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an additional School District be established in Hickman County, with the following boundaries : Beginning at the mouth of Mill Creek, in the Seventl I Civil District of said county, running east with same to Graham Station, including Cloid Plunkett's residence; thence south through NunneUy Ore Mines by old Warner Iron Company's washer to W. S. Nunnelly's line, so as to include Robert Beasley's residence and all of W. S. Nun- nelly's lands, to Goodrich School line at Birds Creek, and continuing with same to the mouth thereof; thence with Piney River, down the same to Bob Bowen's line, includ- ing Webb's farm; thence northwest to head of Pretty Creek ; thence in a northeasterly direction to the beginning at the mouth of Mill Creek. Sec. 2. Be it further enacted, That the School District created by the first section of this Act, be known as Dis- trict No. 58, in said county, and that it is to have all the emoluments, rights, privileges, and to be governed bt the same laws and rules and officers that regulate and govern the other School Districts of the county; and that the County Superintendent of Public Schools in said coun- ty shall appoint three Directors in said district to serve un- til the next regular election, or until their successors are elected and qualified. . Sec. 3. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it Passed April 14, 1905. E. RICE, ' Speaker of the Senate, W. K. ABERXATHr? Speaker of the House of Representatives* wed April 17, 1905. JOHN I. COX, Governor. — 1007 CHAPTER 472. Senate Bill No. 136. AN ACT to amend Section 4350 of the Code so as to provide that when the term of court is for more than three (Jays, but the business of the court has been completed within three days, and the court is about to adjourn, pro confesso can be taken in any case in which defense has not been .made. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 4350, of the Code, be amendee entitled "An Act authorizing the Board of Mayor and Aldermen of the Town of Henning, in the County of Lauderdale, and State of Tennessee, to issue bonds for the purpose of constructing and putting into operation a system of waterworks." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Mayor and Aldermen of the Town of Henning, Tennessee, are hereby authorized and empowered to issue negotiable, interest-bearing bonds, with coupons attached, to the amount of thirty-five hun- dred ($3,500) dollars, or such part thereof as they shall find necessary, and to negotiate and sell the same for the purpose of raising money to purchase, erect, put down, and equip, a system of waterworks in the town of Hen- ning, Tennessee, together with all appliances and ma- chinery for operating the same. Sec. 2. Be it further enacted, That the said bonds and coupons attached shall be signed by the Mayor and Chair- man of the Finance Committee of said Board of said town, the said bonds shall be issued in such denominations as the Mayor and Aldermen may desire and order, and shall mature in fifteen years from date of issuance, and one- third of the amount of said bonds, or any amount under one-third, issued under this Act, may be redeemed at the option of the said Board of Mayor and Aldermen at any — ioia— ime after the expiration of one year from date of issue, ind one-third or any amount under one-third of the amount • >f said bonds after five years from date of issue, and one- third of the amount, or any amount under one-third, after ten years from date of issue. The said honds shall bear interest at the rate of six per cent per annum, payable annually at the office of the Treasurer of the said Town of Henning, Tennessee. Sec. 3. Be it further enacted, That before said bonds Election to be shall be issued. the Mayor and Aldermen shall cause an flrltheld- election to be held in said town, to submit the question to the Toters of the town to ascertain whether or not they are in favor of issuing bonds, and at least twenty days' notice shall be given by printed posters of the time, place, and purpose of said election, and if a majority of the votes cast at the said election shall favor the issuing of said bonds, then the Mayor and Aldermen shall issue them as prescribed in above section. Those in favor of issuing said bonds shall have printed or written on their tickets "For Bonds," those opposed "Against Bonds." Sec. 4. Be it further enacted, That after the issuance interest »nd of said bonds the Mayor and Aldermen of said town are tax. ng un hereby authorized and empowered to levy and collect an- nually a special tax, not exceeding thirty cents on the one hundred dollars on the assessed valuation of "all taxa- ble property, and also to levy and collect a tax on privi- leges within the corporate limits of said town, for the pur- pose of paying the interest on said bonds, and to create a fund with which to pay off and redeem the bonds herein authorized to be issued. Sec. 5. Be it further enacted, That the above bond tax shall be collected and paid over to the Treasurer of said town as other taxes, and shall be paid out by said Treasurer when due interest coupons are presented to him for payment, or when ordered by the Board of Mayor and Aldermen to pay same on said bonds. The said bonds and coupons when taken up by said Treasurer shall be his voucher to the Board of Mayor and Aldermen, and the same shall be canceled. Sec. 6. Be it further enacted, That the Mayor and M ayorftndA1. Aldermen may elect officers for the operation of said plant Jjer?ie°£0 or waterworks and fix their salaries and prescribe, by or- oIhoSw and dinance, the rate charged to consumers of water, and may alement o?"" make special contracts in special cases, and prescribe p * — iooa — at not exceeding par and accrued interest, or in the pur- chase of other securities, to be approved bj the Town Council; and all bonds by them at any time redeemed, shall be cancelled in the presence of the Town Council, by whom a record thereof shall be kept. Said Commis- sioners shall, on the first days of January and July of each year, make to the Town Council a detailed and itemized statement of the amount paid into the sinking fund, and of all disbursements made therefrom under the provisions of this Act, and shall accompany said report with a certificate showing all the bonds and numbers thereof purchased, paid, redeemed and cancelled, and all necessary expenses to the redemption, cancellation, and preservation of said bonds, and all necessary expenses for the purchase, preservation, and safe-keeping of other se- curities which may be purchased for said sinking fund, shall be paid out of said sinking fund. Sec. 30. Be it further enacted, That said bonds shall not be issued unless authorized by a two-thirds majority Eted°beter? vote ca8t ^ ^e qualified voters, voting at an election to bondi aw be held by order of the Town Council, any time, and as many times as the Town Council may deem necessary. Sec. 81. Be it further enacted, That an election held for the purpose of authorizing the issuance of bonds shall be held as other municipal elections are held in said Town of Fowlkes, by the Marshal, in the same way and manner that he holds other elections, and in the place of the names of candidates, there shall be printed upon an equal number of ballots to be used in said election the word "Bonds" printed upon it, and those voting against the issuance of bonds shall vote the ballot that has the word "Bonds" printed upon it, and those voting against the issuance of said bonds shall vote a ballot that has upon it the words "No Bonds." Sec. 32. Be it further enacted, That this Act is de- clared a public law, and may be read in evidence in all the courts of law and equity in this State, and all ordinances, resolutions, and proceedings of the Town Council may be read as evidence in all courts of law and equity, after first being attested by the Recorder and the seal of the corporation affixed thereto. Sec. 33. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act, be, and the same are hereby, repealed ; and that this Act Usued. — 1003 — take effect from and after its passage, the public welfare x-oquiring it. Passed April 11, 1905. E. EICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 15, 1905. JOHN" I. COX, Governor. CHAPTER 469. Senate Bill No. 621. A BILL to be entitled An Act to authorize the Town of Greene- ville to iseue bonds for the purpose of street and schoolhouse improvement, and to discharge outstanding floating indebted- ness, and to provide for the payment of such bonds. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Town of Greeneville be authorized and empowered to issue interest-bearing bonds for the sum of five thousand ($5,000) dollars for the pur- pose of improving streets and public school buildings, and for paying outstanding valid obligations against said town. Said bonds may issue to run ten years, but to be payable in five years, at the election of the town. Interest thereon will be payable annually. Sec. 2. Be it further enacted, That before the bonds provided for in Section 1 of this Act shall issue, an elec- tion shall be held at the usual voting place within the EflS!the8 .** corporate limits of said Town of Greeneville as other regu- lar elections are held in and for said municipality on the 27th day of May, 1905, at which election those in favor of issuing them, aforesaid bonds, shall have written or printed on their ticket the words "For Bonds," those op- posed to issuing bonds shall have written or printed on. their ticket the words "Against Bonds," and if at such election the majority of the votes cast shall be "For Bonds" and then the Board of Mayor and Aldermen of said Town of Greeneville shall issue said bonds as provided for in — 1004 — Section 1 of this Act, bearing a rate of interest not ex- ceeding six per cent per annum, and shall not be floated for less than par of their face value. Sec. 3. Be it further enacted, That the Board of Mayor and Aldermen of said town shall have the power, and it shall be their duty, to levy a tax sufficient to meet interest and ^e annual interest on these bonds, and to create a sinking •inking fund f^^ for their discharge. This tax may be levied in ex- cess of the rate fixed in the legislative charter of the town as contained in the Public Acts of the General Assembly for 1903, Chapter 563. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 14, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 15, 1905. JOHN I. COX, Governor. CHAPTER 470. Senate Bill No. 679. AN ACT to create and regulate the office of County Judge for Wayne County, and to abolish the office of Chairman of the County Court. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That there shall be elected by the qualified voters of Wayne County a person learned in the law, to be styled a "County Judge" of Wayne County, and who shall be the County Judge of said county, and who shall be thirty years old, and who shall hold his office a term of eight years from the date of his commission; and said person to be a citizen of Wayne County, and a person of good moral character. Skc. 2. Be it further enacted, That the first election for County Judge of Wayne County shall be held at the Eiwtioo. same place and at the same time and by the same officer? — 1005 — that other county elections are held, on the first Thursday in August, 1906, and under the same rules and regulations :hat are prescribed by law for other county elections, and nibsequent elections (except vacancies, which shall be filled when they occur in the manner prescribed by law) )n the first Thursday in August every eight years there- after. Sec. 3. Be it further enacted, That the County Judge )f Wayne County shall have and exercise all the rights, Jnpl8diotlon powers, and jurisdiction that are conferred by existing etc. laws upon the County Judges of this State, and shall com- [Jy with all the requirements of and perform all the duties imposed by law, creating and regulating the powers and iuties of County Judges. Sec. 4. Be it further enacted, That all the powers and iuties now vested in and belonging to the Chairmen of the special powew. County Courts of this State be, and the same are hereby, sonferred upon the County Judge of Wayne County, who is hereafter to be elected by the qualified voters of Wayne County, and the office of Chairman of Wayne County Court is hereby abolished from and after the first Monday in June, 1905. Sec. 5. Be it further enacted, That the County Judge of Wayne County shall receive a salary of four hundred salary, dollars ($400) per annum, to be paid quarterly out of the revenues of the county. Sec. 6. Be it further enacted, That the present Chair- man of the County Court of Wayne County continue toGovernortoap. bold the County Court of said county until the first Mon- P°^t-when. iay in June, 1905, during which time it shall be the duty of the Governor to appoint a Judge under this Act, and duly commission him to fill out the time from the first Monday in June, 1905, until the regular election in Au- gust, 1906. Sec. 7. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 14, 1905. E. RICE, Speaker of the Senate. W. K ABEKNATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHN I. COX, Governor. — 1018 — Aitoduuffw essary for the interest of the public to change or to locate ZZZ.1"*- any road in his district by giving the landowners affect by the proposed change, notice of the time and the be- ginning point where he will act as above provided, and report his action to the next term of the County Court, and with his report file all notices and the names of all landowners affected thereby. The County Court shall consider the whole matter, and if the change is to the in- terest of the public, shall so order and assess such damages to the landowner or owners as they may be entitled to and order same to be paid out of the county funds as heretofore provided. Any person interested in the matter may appeal to the next term of the Circuit Court; Pro- vided, he perfects his appeal within ten days from the decision of the County Court by giving bonds as required by law; Provided, this Act shall not affect Chapter 572 of the Acts of 1903. Sec. 4. Be it further enacted, That all laws and parte of laws in conflict with this Act be, and the same are hereby, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it Passed April 15, 1905. W. K ABEKCTATHY, Speaker of the House of Representative*. E. RICE, Speaker of the Senak. Approved April 17, 1905. JOHN L COX, Governor. 1019 — CHAPTEE 479. House Bill No. 892. AN ACT to prevent any agreement any between fire insurance companies doing business in Tennessee to maintain rates to be charged for insurance on property located in this State, and to prescribe penalties for violations of this Act Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall be unlawful for any two or more fire insurance companies doing business in Tennessee, or any two or more agents or representatives of fire insurance companies doing business in Tennessee, to enter into any contract, compact, or agreement looking to the maintaining of any specific rates to be charged for insurance on any property located in his State ; Provided, that this Act shall not be so construed as to prohibit the formation of associations of fire insurance agents in any city, town, or county in this State for the purpose of minimizing expenses by. the employment of joint inspect- ors or experts for preparing rating schedules and desig- nating improvements, with a view to the reduction of the cost of insurance; Provided, that all rates which may be suggested through such associations shall be advisory only, and not binding on any member thereof; Provided fur- ther, that if any Board of Agents or agent or company attempt to impose any fine upon any agent or company who shall refuse to write at any rate other than that fixed by such Board, shall be guilty of a misdemeanor and sub- ject to a fine of not less than fifty dollars. Sec. 2. Be it further enacted. That it. shall be un- . .. „ lawful for any one or more agents, or association of fire may not im. insurance agents in any city, town, or county of this SSL!1*11*" State, to impose any penalty upon any agent because of any rate which may be charged for insurance by said agent or any member of said association. Sec. 3. Be it further enacted, That any fire insurance FenaA ^"^ company doing business in Tennessee found guilty of a violation of Section 1 of this Act shall be subject to a penalty in a sum not less than one hundred ($100) dol- lars nor exceeding one thousand ($1,000) dollars, to be _ 1020 — recovered by action in the name of the State upon relation of the Insurance Commissioner, to be instituted by the Attorney General of the State, or any District Attor* ney General under his direction, in any Circuit or Chancery Court, and the amounts so recovered shall be paid into the State treasury, and in addition the com- pany so offending shall be subject to the revocation of it? license to do business in this State in the discretion of the Insurance Commissioner. Sec. 4. Be it further enacted, That any agent or V«olan£n8 b* officer of any association of agents violating the provision* of Section 2 of this Act shall be guilty of a misdemeanor arid shall, upon conviction, be fined not less than one hun- dred ($100) dollars nor more than five hundred ($500) dollars. Sec. 5. Be it further enacted, That it shall be the Dftnoe°commu- duty of the Insurance Commissioner, upon complaint of ■loner. any citizen of this State, or upon his own initiative, to make investigation as to violations of this Act, and if, upon investigation, he finds that there is sufficient justi- fication for such proceedings, he shall lay the facts be- fore the Attorney General of the State, and shall authorise the District Attorney General to enter his name as prose cutor in any criminal proceedings to be instituted for a violation of this Act; Provided, that this shall not be ao construed as to prevent any citizen from acting as prose- cutor in such cases. Sec. 6. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 14, 190&. W. K. ABERNATHX Speaker of the House of Representative*- E. RICE, Approved April 17, 1905. Speaker of the Senate- JOHN-L COX, Governor. — 1021 — CHAPTEE 480. House Bill No. 890. AN ACT to provide for the organization, admission, and regula- tion of Fraternal Beneficiary Associations transacting the business of life insurance; and to repeal all laws in conflict with the provisions of this Act. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That any corporation, society, or- der, or voluntary association without capital stock, or- ganized and carried on solely for the mutual benefit of its members and their beneficiaries, and not for profit, and having a lodge system, with ritualistic form of work and representative form of government, and which shall make provisions for the payment of death benefits, and which may make provisions for the payment of disability bene- fits, or both, is hereby declared to be a fraternal bene- ficiary association, Sec. 2. Be it further enacted, That any association, * having a supreme governing or legislative body and sub- ** ,y8 em* ordinate lodges or branches by whatever name known, into which members shall be elected, initiated, and admitted in accordance with its constitution, laws, rules, regula- tions and prescribed ritualistic ceremonies, which subor- dinate lodges or branches shall be required, by such asso- ciation, to hold regular or stated meetings at least once in each month, shall be deemed to be operating under the lodge system. Sec. 3. Be it further enacted, That any association Representative shall be deemed to have a representative form of govern- £n"ent?ov" ment when it shall provide in its constitution and laws for a supreme legislative or governing body, composed of rep- resentatives elected either by the members or by delegates elected by the members through a delegate convention sys- tem, together with such other members as may be pre- scribed by its constitution and laws; Provided, that the elective representatives shall constitute a majority in num- ber and have not less than a majority of the votes, nor less than the votes required to amend its constitution and laws ; — 1022 — and Provided further, that the meetings of the supreme or governing body and the election of officers, representatives, or delegates shall be held as often as once in four years The members, officers, representatives, or delegates of a fraternal beneficiary society shall not vote by proxy. Sec. 4. Be it further enacted, That except as herein provided, such association shall be governed by this Ac*, and shall be exempt from all provisions of the insurance laws of this State, not only in governmental relations with the State, but for every other purpose, and no law here- after passed shall apply to them unless they be expressly designated therein. Sec. 5. Be it further enacted, That every associate Death benefit*, transacting business under this Act shall provide for the payment of death benefits, and may provide for the pay- ment of benefits in case of temporary or permanent physi- cal disability, either as the result of disease, accident, or old age, provided the period of life at which the payment of benefits of disability on account of old age shall comment shall not be under seventy years, except as otherwise pro- vided in this Act. No association shall issue or offer or promise to issue any contract providing for the payment of any other benefit or any contract which does not provide for the regular payments or assessments during the entire • existence of th contract Sec. 6. Be it further enacted, That the payment of death benefits shall be confined to the wife, husband, fam- ily, relatives by blood, marriage, or legal adoption, affi- anced husband or affianced wife, or to a person or persons dependent on the member, subject to the limitation and control of the association as to the designation of benefici- aries within said classes. Sec. 7. Be it further enacted, That no association shall admit to beneficial membership any person less than six- Age limits of teen (16) nor more than sixty (60) years of age, nor any membership. v \ . j - J > / « i vi v& nor unt*l there shall be established ten subordinate STdo?n * busi- k^g68 or branches with which said five hundred applicant ness. have been initiated, nor until there has been submitted to the Insurance Commissioner, under oath of the president and secretary or corresponding officers of such associa- tion, a list of such applicants, giving their names, ad- dresses, date examined, date approved, date initiated, name and number of the subordinate branch of which each applicant is a member, amount of benefits to be granted, rate of regular payments or assessments, which shall not "be lower for death benefits than those required by the National Fraternal Congress table of mortality, with interest at four per cent per annum ; nor until it shall be shown to the Insurance Commissioner, by the sworn statement of the treasurer or corresponding officer of such association, that at least five hundred applicants have each paid in cash at least one regular monthly payment or assessment as herein provided per one thousand dollar* of indemnity to be affected, which payments in the ag- gregate shall amount to at least twenty-five hundred dol- lars, all of which shall be credited to the mortuary or dis- ability fund on account of such applicants, and no part of which may be used for expenses. Said advanced payments shall, during the period of or ganization, be held in trust for, and, if the organization is not completed within one year as hereinafter provided, returned to, said applicants. The Insurance Commissioner may make such examina- tion and require such further information as he mt? Commissioner deem advisable, and upon presentation of satisfactory e*i- gate.lnT*,tl" dence that the association has complied with all the pro- visions of the law, he shall issue to such association a cer- — 1087 — kficate to that effect. Such certificate shall be prima facie vidence of the existence of such association at the date f such certificate. The Insurance Commissioner shall ause a record of such certificate to be made and a certi- ted copy of such record may be given in evidence with like •ffect as the original certificate. ^No preliminary certificate granted under the provisions if this section shall be valid after one year from its date, • ►r after such further period, not exceeding one year, as Day be authorized by the Insurance Commissioner upon arise shown, unless the five hundred applicants herein re- quired have been secured and the organization has been jompleted as herein provided, and the articles of associa- tion and all proceedings thereunder shall become null and roid in one year from the date of said preliminary certifi- cate, or at the expiration of said extended period, unless inch association shall have completed its organization and commenced business as herein provided. When any do- mestic association shall have discontinued business for the period of one year, its charter shall become null and void. Sec 14. Be it further enacted, That any domestic Com association now engaged in transacting business in this ready orgaa- Btate may exercise, after the passage of this Act, all of rateunLrJo the rights conferred thereby, and in addition thereto may thi8 Act* exercise all of the rights, powers, and privileges now exer- cised or possessed by it under its charter or articles of as- sociation not inconsistent with this Act, or it may be re- incorporated hereunder. But no such association already organized shall be required to reincorporate hereunder, nor shall it be required to adopt the rates prescribed herein for new associations, in order to avail itself of the privileges of this Act, and any such association may amend its articles of association from time to time in the manner provided therein, or in its constitution or laws, and all such amend- ments shall be filed with the Insurance Commissioner, and Bhall become operative upon such filing unless a later time be provided in such amendments, or in its articles of association, constitution, or laws. Sec. 15. Be it further enacted, That no domestic as- as to transfer sociation shall transfer its membership or funds to any of basinets. association not authorized by the Insurance Commissioner to transact business in this State ; nor shall any such asso- ciation transfer its membership or funds to any licensed association, unless the said contract to transfer has been approved by a two-thirds vote of the members of the su- — 1028 — preme body of the association whose membership is pro- posed to be transferred, and by a two-thirds vote of tie trustees or Board having charge of the association pro- posing to take such membership. No Msociatton Sec. 16. Be it further enacted, That no fraternal bene- of races. ficiary association shall be authorized to do business in thii State under the provisions of this Act, whether incorpar- - ated under the laws of this or any other State, province, wer or authority to waive any of the provisions of the aws and constitution of the association, and the same shall >e binding on the association and each and every member hereof. Sec. 25. Be it further enacted, That all grand lodges >y whatever name known, whether incorporated or not, lolding charters from a supreme governing body, which ire conducting business in this State upon the passage of Jotis Act as a fraternal beneficiarv association upon what is known as the separate jurisdiction plan, shall be treated as a federation of grand lodges and not as simple State organizations, and all reports required by the provisions of this Act shall be made and furnished by the officers of each supreme governing body and shall embrace and con- tain the transactions, liabilities, and assets of the entire order. Sec. 26. Be it further enacted, That every association transacting business under this Act shall file with the In- Assooiationi suranoe Commissioner a duly certified copy of all amend- J^fendmenu ments of, or additions to, its constitution and laws within &>£ andBy- ninety days after the enactment of same. Printed copies Uw8, of the constitution and laws and of additions or amend- ments thereto, certified by the secretary or corresponding officer of the association shall be prima fade evidence of the legal adoption thereof. Sec. 27. Be it further enacted. That every associa- tion, transacting business in this State, shall annually, Annu*1 wportg on or before the first day of March, file with the Insur- ance Commissioner in such form as he may require, a state- ment under oath of its president and secretary, or corres- ponding officer, of its condition and standing of the thirty- first day of December next preceding, and of its trans- actions for the year ending on that date, and shall, also, furnish such other information as the Insurance Com- missioner may deem necessary to a proper exhibit of its business and plan of working. The Insurance Commis- sioner may at other times require any further statement he may deem necessary to be made relating to such asso- ciations. But such association shall neither make nor per- mit to be made from any information so obtained, any valuation of its outstanding benefit certificates unless re- quested to make such valuation by the association. Sec. 28. Be it further enacted, That the Insurance Commissioner, or any person he may appoint, shall have — 1032 — Insurance Commissioner or Deputy may visit and in- vestigate As- sociations. Associations may be dis- continued— bow. Actions to be brought by tbe Attorney General. the power of visitation and examination into the affaiis of any domestic association. He may employ assistants for the purpose of such examination, and he, or any peraa he may appoint, shall have free access to any books, pi- pers, and documents that relate to the business of the as- sociation, and may summon and qualify as witnesaa under oath and examine its affairs, agents, and employes, or other persons in relation to the affairs, transactions, and condition of the association. The expense of such exam- ination shall be paid by the association examined, but the amount thereof shall not exceed one hundred dollars. Whenever, after examination, the Insurance Commis- sioner is satisfied that any domestic association has failed to comply with any provisions of this law or is exceeding its powers; or is not carrying out its contracts in good faith; or is transacting business fraudulently; or is in such condition as to render further proceedings hazardous to the public or its certificate holders; or whenever any domestic association, after the existence of one year or more, shall have a membership of less than three hundred, or votes to discontinue business, the Insurance Commis- sioner may present the facts relative thereto to the SUie Attorney General, who shall, if he deem the circumstance warrant, commence an action in quo warranto in a court of competent jurisdiction, and such court shall thereupon notify the officers of such association of a hearing, and, unless it shall then appear that some special and good reason exists why such association should not be closed, said association shall be enjoined from carrying on any further business, and some person shall be appointed re- ceiver of such association, and shall proceed at once to take possession of the books, papers, moneys, and other assets of the association, and shall forthwith, under the direction of the court, proceed to close the affairs of the association, and to distribute its funds to those entitled thereto. No such proceeding shall be commenced by the State Attorney General against any such association until after notice has been duly served on the chief executive officers of the association and a reasonable opportonity given to it on a date to be named in said notice to show cause why such proceedings should not be commenced. Sec. 29. Be it further enacted, That no action or pro- ceeding to discontinue or enjoin, in whole or in part, the business or methods of any such domestic association, or to appoint a receiver therefor, or to dissolve the same, or fa i — 1033 — my manner affecting its corporate rights, or to oust any "oreign association, or enjoin it from transacting business n this State, shall be entertained by any court, except on he suit of the Attorney General of this State. Sec. 30. Be it further enacted, That the Insurance insurance n . . vi -x Commissioner Commissioner, or any person whom he may appoint, may and Deputy examine any foreign association transacting or applying ^teforef^i for admission to transact business, in this State. The In- »*8<><>lationg- mrance Commissioner may employ assistants for the pur- pose of such examination, and he or any person he may ap- point, shall have free access to all the books, papers, and documents that relate to the business of the association, and may summon and qualify as witnesses under oath and examine its officers, agents, employes, and other per- sons in relation to the affairs, transactions, and condition of the association. He mav in his discretion accept in lieu of such examination of the Insurance Department of the State, territory, district, province, or county where such association is organized. All examinations made under the provisions of this section shall be made at the expense of the association examined, but the expenses of any examination shall not exceed two hundred dollars. If any such association or its officers refuse to submit to such examination, or to comply with the provisions of this section relating thereto, the authority of such associa- tion to transact business in this State shall be revoked until satisfactory evidence is furnished the Insurance Commissioner relating to the condition and affairs of the association, and during such revocation the association shall not transact any business in this State. Sec. 31. Be it further enacted, That when the Insur- insurance ance Commissioner, on investigation, is satisfied that any Say wvoke"* foreign association transacting business under this Act llcenM- has exceeded its powers, or has failed to comply with the provisions of the law, or is conducting business fraudu- lently, or is not carrying out its contracts in good faith, or is in such condition as to render further proceedings hazardous to the public or its certificate holders, he may revoke the certificate of authority granted to it, and shall cause notification thereof to be published in one or more newspapers of general circulation, and no new business shall thereafter be done by it or its agents in this State, while such default or disability continues, nor until its authority to do business is restored by the Insurance Com- missioner ; Provided, that nothing in this Act shall prevent — 1034 — such association from applying to a court of competent jurisdiction, by mandamus or otherwise, to compel said Insurance Commissioner to issue such certificate, if such court, in its discretion, should determine that said asso- ciation was entitled, under the law, to have said certificate issued to it. Sec.' 32. Be it further enacted* That nothing cos- Act does not tained in this Act shall be construed to affect or apply to jwpiy tooeiv grand or subordinate lodges of Masons, Odd Fellows, or t*ln intern i- o . . . ^° . . . . 7 _ .' , tie*. Knights of Pythias (exclusive of the insurance branch of the Supreme Lodge Knights of Pythias) or to similar orders which do not issue insurance certificates, nor to local lodges of an association now doing business in this State, that provide death benefits not exceeding three hun- dred dollars to any one person, or disability benefits not exceeding three hundred dollars in any one year to anj one person, or both, nor to domestic associations which limit their membership to the employes of a particular city or town, designated firm, business house, or corporation; ; the Insurance Commissioner may require from any asso- ciation such information as will enable him to determine ! whether such association is exempt from the provisions of this Act No association which is exempt by the pro- visions of this section from the requirements of this Act shall give or allow, or promise to give or allow, to any per- son any compensation for procuring new members. Sec. 33. Be it further enacted, That associations com- Ccu!tioM8mi *n£ w*&in ^e definition of fraternal beneficiary asso- lsiue extend- ciations as defined by this Act, and now transacting busi- ed insurance - . i i /? • • -• • i -how and ness as fraternal beneficiary associations, organized prior to Anno Domini 1900, and authorized to do business in this State prior to and at the time of the passage of this Act, and which shall have established, or may hereafter establish, rates deemed by it adequate to perpetuate its existence or meet its obligations, and in so doing has increased, or shall increase the payments re- quired to be made by any member, so that such member shall be unable for any reason to make such payment and continue his membership ; in such case or cases, any such association may make such allowance to such member or i members, by way of extended insurance or reduced | benefit payable to a beneficiary designated in accordance with the provisions of Section 6 of this Act, as it may determine to be equitable and provided for by the laws i and regulations, and may provide for paying the cost of — 1035 — carrying such extended insurance out of any reserve, emergency, surplus, or other fund it has or shall accumu- late or create. The provisions of this section shall not be construed as applicable to any association which does not make provision for such extended insurance in its laws or regulations, nor shall the members of any association which does not, by its laws or regulations, make provision for such extended insurance, have any right to or interest in any fund which any such association may have now or may hereafter create, either as a reserve, emergency, surplus, or other fund. Sec. 34. Be it further enacted > That such associations shall not employ paid agents in soliciting or procuring members, except in the organization or building up of subordinate bodies, or granting members inducements to procure new members. Sec. 35. Be it further enacted, That each and every statements of certificate issued by any association operating under the JStiblSSi- provisions of this Act shall be incontestable on account of W1?t wben' erroneous or innocent statements made in the application as tq age, provided the member was within the age limited for membership at the time of the application ; and Pro- vided further, that in the settlement of any loss, when there was an error as to age, such settlement shall be made on the basis of the correct age. But no association operat- ing under the provisions of this Act shall contest the age of any member, after his death, unless the proof offered by the beneficiary shows the age of the deceased member to be different from that given in his application; then the correct age may be ascertained, and settlement made as herein provided. Sec. 36. Be it further enacted, That any person, Ag to raise or officer, member, or examining physician, who shall know- SSSSntVo ingly or willfully make any false or fraudulent statement obtain bene. or representation in or with reference to any application for membership, or for the purpose of obtaining money from or benefit in any association transacting business under this Act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dol- lars, or imprisonment in the county jail for not less than thirty days, nor more than one year, or both, in the discre- tion of the court, and any person who shall willfully make a false statement of any material fact or thing in a sworn — 1036 — statement as to the death or disability of a certificate iolder in any such association for the purpose of procuring pay- ment of a benefit named in the certificate of such holder, and any person who shall willfully make any false state- ment in any verified report or declaration under oath in- quired or authorized by this Act, shall be guilty of per- jury, and shall be proceeded against and punished » provided by the statutes of this State in relation to the crime of perjury. Any person who shall solicit membership for, or in any manner assist in procuring membership in* any association not licensed to do business in this State, or who shall solicit membership for, or in any manner assist in procuring membership in, any such association not au- thorized as herein provided to do business as herein de- fined in this State, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty nor more than two hundred dollars. Any association, or any officer, agent, or employe thereof, neglecting or refusing to comply with, or violating any ther officers for said city are elected under its present iharter provisions. Sec. 5. Be it further enacted, That before entering Bond of oom- lpon his duties as Water Commissoner, the said Commis- miMloner- doner so elected and qualified shall file with the Recorder i bond with good and solvent sureties thereon in the pen- ilty of $5,000, or such amount as said city shall require, payable to the State of Tennessee for the use of the Board )f Mayor and Aldermen of the City of Bristol, conditioned tat said Commissioner shall honestly and faithfully per- form all the duties devolved upon him as said Commis- ttoner, shall collect water rents and revenues due from said waterworks system, and shall do and perform any and all services incumbent upon him by ordinance of the Board of Mayor and Aldermen of said city creating said office, and shall perform any and all other duties and services required of him by said city from time to time, and shall account to said city for any and all funds collected by him as "Water Commissioner from time to time, and shall pay Nito the treasury of said city such amount or amounts as **ay then be collected or received by him from said water- works system at such time or times and in such way and taiomer as may be directed and required by the ordinan- ce, by-laws, and provisions of said city ; said bond shall ** approved by the Board of Mayor and Aldermen of said 1062 — Oath. Must have no interest in oontraot. Board to have general su- pervision. city, and said Water Commissioner, before entering ujra ; his duties, shall take and subscribe to the following ottk: i "I, , do solemnly swear that n Water Commissioner for said City of Bristol, I will Iko- estly and faithfully perform all the duties devolving upoB me as said Commissioner, and that I am not related to mj of the parties forbidden by law within the prohibited de- gree, and that I am not and will not become during my term of office interested in any contracts relating to the construction or operation of said waterworks as prohibited by law, so help me God." Sec. 6. Be it further enacted, That said Water Canr missioner is hereby prohibited from having any interest, direct or indirect, in any contract in anywise relating w the construction, purchase, and operation of said rater- works, and is also prohibited from awarding contracts for the construction, operation, improvement, or repair nging to said waterworks system as hereinafter pro- ided. Sec. 8. Be it further enacted, That the Board of May- "filKSSS. r and Aldermen of the City of Bristol shall obtain from ton company, he Bristol-Goodson Water Company, or any other com- pany or corporation, either private or municipal, a writ- en propositionfor the sale of its or their plant, franchises, ite., if it desires or they desire to sell same to the City of Bristol, giving price, terms of payment, etc. ; said city is lao authorized and empowered to secure plans, specifica- ions, and estimates of the cost of construction of new sys- em of waterworks, and it shall then determine by ordi- lance whether or not it will purchase said waterworks iystem or plant of the Bristol-Goodson Water Company, >r of any other company or corporation, either private or municipal, or construct a new system, but it shall not have fce right or authority to purchase said waterworks plant >r system, to incur any expenses in any of said matters looking either to the purchase of the plant of the Bristol- Goodson Water Company, or any other company or corpo- ration, either private or municipal, or to any combination with any other company or corporation, or to the construc- tion of a new system until after said election has been held and the proposition or propositions ratified by a vote as hereinafter provided. Sec. 9. Be it further enacted, That the Board of May- *%£££££. or and Aldermen shall have full power and authority, by v***0**, etc ordinance, to make, and enforce reasonable rules and regu- lations and to fix water rates, tolls, or the price for the use of water, and may for said purposes enter upon premises where water is used or desired for purpose of inspection, repairs, or other work in introducing or regulating the use of water, and where water is to be cut off on account of nonpayment of water rents, or for any other reason whatsoever. And it shall have full power and authority to collect and enforce collection of all moneys dug for the toao of water or arising out of the operation of said plant, and in case of failure to pay said water rents to cut off the ^Pply and discontinue the furnishing of water until all arrearages are paid, and until all expenses for cutting off and turning on water shall have been fully paid and satia- »«!• Said City Council shall have the power to grant the ^ of water free of charge to persons or parties who are objects of charity and to charitable institutions. — 1064 — A copy of the ordinances, rules, and regulations of said city as to water rates and charges, as to the manner and time of payment, as to the furnishing and discontinuing of water, and as to any other fact or facts connected wift the purchase of said old waterworks system or the coir struction of a new system under the power and authority herein given, after having been duly and regularly certified by the proper authorities under the corporate seal, shall be received as evidence in any of the courts of this State wherein any question involving the rights of the city and involving the question of waterworks shall be involved or at issue. Sec. 10. Be it further enacted, That the Water Com- B§^^sioiier missioner, herein provided for, shall submit to the Board to Board. 0f JMfoyor and Aldermen full and complete detailed state- ments of the condition of said waterworks system, shov- ing the receipts and disbursements, the items of expense, salaries of employees, improvements, extensions, alteiar tions, etc., with such recommendation as may to him 9eem best and proper for the improvement, extension, and better- ment of said waterworks system, as and when called for by the City Council, or as and when required by ordi- nance; he shall make an annual statement to the City Council, at its meeting in January of each and every year, containing a full, complete, and exhaustive report of its financial condition at that date, and he shall also make to said City Council a report as to such alterations, improve- ments, extensions, or additions as may seem necessary and for the best interests and welfare of the system, with an estimate of the costs of same, etc. Sec. 11. Be it further enacted, That in the event it shall be determined to purchase, construct, equip, and ^MBitefor maintain a system of waterworks by the city, then for the fio™Peto!8U" purpose of securing site for pumping stations and other necessary purposes, including the laying of mains and water pipes and sites for reservoirs, filtering galleries, ex- tensions, improvements, and alterations, the city shall have, and it is hereby given, the right of condemnation of snefc grounds within and without its corporate limits, and within and without the State of Tennessee, in so far as same can be given, as may be necessary for said purposes, as already given in Sub-section 27 of Section 17, of its charter, as well as by proper proceedings in the Circuit Court for Sullivan County, or in the Law Court of Bristol* as provided by law. — 1065 — Sec. 12. Be it further enacted, That the Board of water commu- [ayor and Aldermen shall have the right and authority to 8loner' amove said Water Commissioner from office at any time pon his failing to do and perform his duties of office as squired by the provisions of this Act, and as may be re- uired from time to time by ordinance of the Board of Cayor and Aldermen of the City of Bristol ; but before he an be removed specific charges must be made against him a writing, showing wherein he has failed to perform his tuty and specifying the charges against him, and he shall » given an opportunity to be heard before action can » taken thereon. When in the judgment of the Board efficient time has been given the Water Commissioner to nake his defense the said Board of Mayor and Aldermen >f the City of Bristol shall set a time for voting upon the removal of said Water Commissioner, and if upon said rote a majority of the" members of the Board of Mayor and Aldermen shall vote to remove said Water Commis- sioner, he shall be removed and a new Water Commis- sioner elected in his stead. Sec. 13. Be it further enacted, That after said propo- sition shall have been obtained with reference to the pur- E1hSw-whe^. chase of the plant or waterworks of the Bristol-Goodson Water Company, or of any other company or corporation, and after the city shall have determined by ordinance whether it will purchase said plant or construct a new sys- tem, as already hereinbefore provided, the Board of Mayor and Aldermen of the City of Bristol shall call an election to be held in the said City of Bristol by the regularly con- stituted authorities, after said election shall have been ad- vertised for thirty days in a newspaper published in said city, and at said election all persons legally qualified to vote for Mayor and Aldermen in said city may vote for the purpose of ascertaining the will of the people upon the following matters : First — Whether or not the city shall be authorized to wbat to be de- issue bonds, as provided in Section 1 of this Act ; and ^wtlSS? at Second — To determine whether or not the city shall purchase the plant or waterworks of the Bristol-Goodson Water Company, or of any other company or corporation, or construct a new water system. The Election Commission- ers, or the authorities authorized by law to hold said elec- tion, shall cause to be prepared ballots to be used and voted at such election, on which there shall be printed the fol- lowing: "Vote for one: Tor Waterworks Bonds;' 'Against _1066 — Bauoutobe Waterworks Bonds.1 " "Vote for one: 'For Constructkt of Waterworks ;' Tor Purchase of Waterworks.' " M said election those who favor the issuance of bonds shall place a cross (X) mark opposite the words, "For Water- works Bonds/' and those who oppose the issuance of bondi shall place a cross (X) mark opposite the words, "Again* Waterworks Bonds/' and those who favor the construct** of waterworks shall place a cross (X) marie opposite the words, "For Construction of Waterworks/' and those fa» voring the purchase of the Bristol-Goodson Water Com- pany's plant or of any other plant or system shall plaee a cross (X) mark opposite the words, "For Purchase of Waterworks;" Provided, that if the Board of Mayor and Aldermen of the City of Bristol are unable to obtain from the Bristol-Goodson Water Company, or from any other company or corporation, either private of municipal, a written proposition or contract 'for the sale of its or their plant, franchises, etc, to the City of Bristol, giving the price and terms of payment, then said election shall be held and determine whether bonds shall be issued CCE& the Construction of Waterworks," and the tickets shall contain in all the words — "Vote for one : Tor Waterworks Bonds/ 'Against Waterworks Bonds.' " All persons who favor the construction of waterworks by said city shall place a cross (X) mark opposite the words, "For Waterworks Bonds," and those who oppose the construction of waterworks by the city shall place a cross (X) mark opposite the words, "Against Waterworks Bonds." Said election shall be held under existing laws, and the returns shall be duly certified to the Board of Mayor and Aldermen of said city; Provided, there shall also be returned to said Board of Mayor and Aldermen all the ballots voted at said election, together with one set of poll books and one set of tally sheets, the remaining poll books and tally sheets shall be filed in the office of said Commissioners of Election, there to be held subject to the inspection of any citizen of said city; Provided, that the election authorized by this Act may be called and held by the Election Commissioners of the county under the gea- eral election laws, and held at any time within two years after the passage of this Act ; Provided further, that after other elections one election has been held under this Act, one or more sub- may be held. sequent elections may be held under this same Act, but no election shall be held until the expiration of six months after a previous election; Provided further, that in the — 1067 — vent the Board of Mayor and Aldermen of the City of iristol cannot obtain from the Bristol-Goodson Water Jompany, or its assigns, a proposition for the sale of its lant, franchises, etc., satisfactory to said Board of Mayor ind Aldermen, then before said Board of Mayor and Al-citym»ypro- lermen shall begin the erection or construction of a new ohI«?u> waterworks system they shall make a proposition, by ordi- lance, to the said Bristol-Goodson Water Company, or its issigns, to purchase its said system at a price proposed by laid Board of Mayor and Aldermen, or in the* event the price submitted by the Board of Mayor and Aldermen shall aot be satisfactory to and accepted by the waterworks company, then and in that event the Board of Mayor and Aldermen of the City of Bristol shall submit a proposition to the Bristol-Goodson Water Company, or its assigns, to set the price to be paid by the city to the said Water Com- pany by a Board of Arbitrators consisting of five members, two of whom shall be selected by the Board of Mayor and tionmly b?" Aldermen, two by the Waterworks Company, or their as- •dopted- signs, and the four thus selected shall select the fifth man, which Board of Arbitrators shall each be disinterested per- sons, and may hear proof or obtain information in any way they may deem proper to ascertain a reasonable price for said property. The said Waterworks Company and the city shall be bound by the award of the Board of Arbitra- tors, if the proposition is accepted by the Waterworks Company. A majority of the Board of Arbitrators agree- ing shall constitute the award ; Provided further, that the City of Bristol shall not have the power to construct a new system of waterworks except in the event the Bristol-Good- son Water Company, or its assigns, will not submit a satis- factory price to said city on its said property, or will not agree to an arbitration of the price, as herein provided; Provided further, that if the said arbitrators shall fail to agree then a new Board of Arbitrators may be appointed as above provided until a Board is selected that shall agree and bring in an award. Sec. 14. Be it further enacted* That it shall be the duty of said City Council, when it shall be convinced that two-thirds of all those voting on the question of the issu- ance of bonds have voted in favor thereof, to declare the re- .snlt by ordinance, and in that event, and no other, to cause said bonds to be issued as provided herein, and cause the same to be converted into cash under such rules and restric- tions as it shall deem necessary to provide by ordinance ; — 1068 — Provided, that said bonds shall not be issued until after I contract for the purchase or construction of said witoh works shall have been lawfully made and concluded. Eejuitof eieo- Sec. 15. Be it further enacted, That the Board £ oiared. €" Mayor and Aldermen of the City of Bristol shall canra* the returns of said election and shall declare, by ordinance the result of said election on the question of purchase or construction of a system of waterworks, and shall cause to be carried into effect the will of the people as expressed at said election; Provided, that if the Bristol-Goodsoa Water Company, or any other company or corporation, shall submit, prior to said election, a written propositi** for the sale of its or their plant, franchises, etc, to said city, or shall enter into a written contract for the sale of same to said city, subject to a ratification thereof by said election, as already provided for in this Act, then both questions shall be submitted to a vote of the people at tha same time, and should two-thirds of the people voting i» said election vote in favor of either or both of the prop* sitions it shall be sufficient to decide the question, and tha Board of Mayor and Aldermen shall, by ordinance, da- clare the result of said election ; and in case either or both of the propositions shall receive two-thirds of the votes voting in said election, it shall be sufficient, and the propo- sition or propositions receiving said two-thirds vote of the people shall be declared carried, and shall be carried into execution by said city. Sec. 16. Be it further enacted, That the proceeds de- Fundi to be rived f rom the sale of said bonds, herein provided for, shall keptieparate.be kept as a separate fund, and shall be known as the "waterworks fund," and the receipts and income derived from the operation of said waterworks system shall be put into said waterworks fund and kept separate from the bal- ance of the funds of said city, and out of the receipts or income derived from said waterworks system shall be &** set apart sufficient amount to pay the interest coupons due, or next becoming due, and said amount so set apart shall be applied in payment of said interest coupons then due, or next falling due, as said interest coupons shall mature, and after the payment of interest coupons the balance of the receipts or income derived from said waterworks sys- tem shall be used in payment of operating expenses, ex- tensions, and improvements, as the Board of Mayor and Aldermen may determine, or should said Board of Mayor and Aldermen deem it for the best interest of said city, * _ 1069 — inking fund may be created for the purpose of finally iquidating and satisfying said waterworks bonds, and in sase a sinking fund is created, the Board of Mayor and Qdermen of the City of Bristol is given the right to an- icipate payment of said bonds at the option of the holder rr holders of them. Sbo. 17. Be it further enacted, That the Board of Board m»ypur- If ayor and Aldermen of the City of Bristol shall have the S^Jgyg ight to purchase the waterworks system or plant of the stato- Bristol-Goodson Water Company, or of any other company >r corporation, within or without the State, or of the City )f Bristol, Virginia, or of any other municipal corpora- tion, either within or without the State, on its own ac- xrant, in order to own and operate a waterworks system for »id City of Bristol and adjacent territory, and if deemed for the best interest of said city, the Board of Mayor and Aldermen shall have the right and authority to combine mth any other company or corporation, either private or municipal, within or without the State, and especially with the City of Bristol, Virginia, in order to purchase, con- tract, own, and operate a waterworks system or plant for said city and adjacent territory, and in that event it may own and operate a waterworks system or plant jointly in connection with or conjunction with any other company or corporation, either private or municipal, either within or without the State, and it may in connection with and conjunction with any other company or corporation, pri- vate or municipal, either within or without lie State, and especially with Bristol, Virginia, lay water pipes and mains, build water towers, tanks, or basins, filtering gal- leries, either within or without the State, for purpose of operating a water system or plant for said city; in fact, the Board of Mayor and Aldermen of the City of Bristol are hereby given full power and absolute authority to pur- chase or construct, own, and operate a waterworks system or plant, either on its own account or jointly in connection ^ith or conjunction with any other company or corpora- tion, private or municipal, within or without the State, to make such improvements, additions, extension, etc., as may *eem best and proper and for the best interest of the city. Sec. 18. Be it further enacted, That the Board of Mayor and Aldermen of the City of Bristol shall have the wJ2££B^jj; right to get water from the Holston River, from any of the uined. springs and creeks in and around Bristol, in Sullivan County, Tennessee, from the Henry Preston or Frank _ 1070 — Preston Springs, or any other springs or creeb in Wasb- ington County, Virginia; in fact, there is no limit or ifr striction as to the source of supply, whether it stall carat " from Virginia or Tennessee, that being a matter for tie business judgment and discretion of said city. Sec. 19. Be it further enacted, That if said city shal city may sell purchase, construct, own, and operate a waterworks systei w»ter for all or plant for said city it shall have the right to sell or fat nish its water to its own citizens and residents, and thai adjacent to said city, and in addition if deemed for tbt best interest of said city, it shall have the right and ar thority to furnish the citizens and residents of Bristol, Virginia, and territory adjacent thereto, and the muni*1 pality or City of Bristol, Virginia, itself with water tf such price and upon such terms and conditions as mij seem to said city just and proper. The power and a* thority of said city as to whom it will furnish with water, and as to the uses and purposes to which it may be put, aaJ as to the terms and conditions upon which it will be fur- nished being unlimited, that is left to the sound judgnttrt and discretion of said city. Sec. 20. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed; ad that this Act take effect from and after its passage, the public welfare requiring it. Passed April 14, 1905. W. K ABEKNATHY, Speaker of the House of Representative E. RICE, Approved April 17, 1905. Speaker of the Sendt \ JOHN I. COX, Governor* — 1071 — CHAPTEK 491. House Bill No. 525. AN ACT to create and regulate the office of County Judge for McNalry County. Section 1. Be it enacted by the General Assembly of {he State of Tennessee; That the office of County Judge of and for McNairy County is hereby created. Sec. 2. Be it further enacted, That the said office of County Judge shall be filled by election by the qualified voters of said County of McNairy to be held at the regu- lar county election in said county, but all vacancies in same shall be filled by appointment by the Governor of the State, and the appointee shall hold till his successor shall be elected at the next regular county election, and shall be- come qualified thereunder. Sbc. 3. Be it further enacted, That the term of office TX5Sn. for said County Judge shall be eight years; Provided, that the first election under this Act shall be at the regu- lar county election in August, 1906, and the person then elected shall serve for a term of four years, and until his successor shall be elected and qualified, under the general county election in August, 1910, and thereafter the term shall be eight years, and the County Judge shall be com- missioned by the Governor. Sec. 4. Be it further enacted, That no one shall be wh0 ellgible. eligible to the office of County Judge of McNairy County who is not a citizen of the county, at least thirty years of age, of good moral character, and learned in the law. Sbc 5. Be it further enacted, That the said County Judge shall preside over and hold the County Courts for Duties. McNairy County, and for that purpose he is hereby clothed with all the powers and given all the jurisdiction now possessed and exercised by the County Judges of the State, and by the Chairman of the County Court of McNairy County, and his said court is also given the additional jurisdiction concurrent with the Chancery Court to allow guardians to trench upon the corpus of their wards' es- — 10T9 — tate, the same as may be done under the orders of the Chancery Courts. Sec. 6. Be it further enacted, That the County Courts for McNairy County shall be held by said County Judge at same times as now provided by law, and the Clerk of the County Court shall continue to be the Clerk of said court with the same duties as now fixed by law. Sec. 7. Be it further enacted, That the said Count? jurisdiction. Court of McNairy County presided over by the said County Judge shall have appellate jurisdiction, concurrent with the Circuit Court, of all matters and causes appealed from judgments of Justices of the Peace for said county where the amount involved is ovfer $100, and Khali haw exclusive jurisdiction of all appeal cases from said Justices of the Peace where the amount involved is not more than $100. Sec. 8. Be it further enacted. That hereafter in all ▲ppeiute juri* appeal cases from judgments of Justices of the Peace of McNairy County, where the amount involved is not more than $100, the appeals shall be taken and perfected to the next term of the County Court of said county, and in all other appeals from said Justices' judgments, the appeal may go either to the said County Court or to the Circuit Court of the county, as prayed by the appellant, and all other laws in force regulating appeals and the same prac- tice and procedure that pertain to appeals and appealed cases in and to the Circuit Court shall apply to appealed cases in the said County Court, unless otherwise provided by law. Sec. 9. Be it further enacted, That where a jury shall as to jury. ^ demanded in a ca8e appealed to said County Court from said Justices' judgment it shall be done in the same way and under the same regulations as provided by law for similar cases in the Circuit Court, and when a jury is demanded and granted to try any such case, the jury shall be summoned and selected and empaneled as is now pro- vided by law for the summoning and empaneling of a jury in the Chancery Court and other courts of the State not supplied with regular jurors, and such jurors shall be paid the same per diem and in the same way and from same funds as jurors are paid in the Circuit Courts. Sec. 10. Be it further enacted, That in all cases so appealed to said County Court when there finally disposed of, an appeal will be direct to the Supreme Court of the — 1073 — State in the same way and upon the same condition and under the same regulations as to appeal bonds, making bills of exception, etc., as pertain to such cases tried in the Circuit Court, and in the trial of such cases in the said County Court the same rules of practice and procedure and the same laws that govern such matters in the Circuit Courts shall prevail, unless otherwise provided by law. Sec. 11. Be it further enacted, That immediately after this Act takes effect the Governor shall appoint aGovernorto suitable person as County Judge of MclSTairy County, to apw>inturat hold said office till his successor is elected and qualified a ge' under the August election, 1906, and upon said appoint- ment being made the person so appointed shall go before a Justice of the Peace for said county, and take and sub- scribe in writing the oath of office prescribed for Circuit Judges, and file the same with the Clerk of the County Court of said county, and he shall thereupon enter upon the duties of said office of County Judge, and at the quar- terly term of said County Court thereafter he shall enter into bond in the sum of one thousand ($1,000) dollars, payable to the State, conditioned for the faithful discharge of his duties as such Judge and as the financial agent and auditing and accounting officer of the county, which bond shall be signed by one or more solvent sureties and approved by said Quarterly Court, and thereupon the said oath and bonds shall be spread upon the minutes of said court. Sec. 12. Be it further enacted, That the said County SalMy# Judge shall receive as compensation the sum of four hundred and fifty ($450) dollars per annum, to be paid out of the County Treasury of McNairy County, upon the warrant of said County Judge to be drawn quarterly at the end of the quarter for which the service has been rendered, and this shall be in lieu of all other compensa- tion for all his services as such County Judge and financial agent and accounting officer of the county; Provided, however, that the Quarterly Court of said county may, in its discretion, increase said salary in any amount so that the total salary shall not exceed the sum of six hun- dred and fifty ($650) dollars per annum. Sec. 13. Be it further enacted, That the office of Chairman of the County Court of MeNairy County is . hereby abolished, and also that of Chairman pro tern, for said county; and all laws in conflict with this Act are hereby repealed. 88* — 1074 — Sec. 14. Be it further enacted, That this Act take effect from and after the first day of January, 1906, the public welfare requiring it. Passed April 14, 1905. W. K ABEENATHY, Speaker of the House of Representatives* E. KICE, Speaker of the Senate Approved April 17, 1905. JOHN I. COX, Governor CHAPTER 492. House Bill No. 997. AN ACT to amend Section 11, Chapter 294, of the Acts of the General Assembly of 1903 (Senate Bill No. 330), entitled "An Act to incorporate the Town of Fayetteville, in Lincoln Comi- ty, Tennessee, establish the boundaries thereof, define its powers, and provide for the government of the same; to ap- point the first Board of Mayor and Aldermen, and provide for the election of their successors, and for the appointment of other officers and agents of the corporation and define their qualifications and duties;" by reducing the amount of credit to be allowed any offender on fines and costs imposed upon him by the Recorder of said town. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 11, of Chapter 294, of the Acts of the General Assembly of 1903 (Senate Bill No. 330), be amended by striking out the words "one dollar and fifty cents," in lines twenty and twenty-one of said section, and inserting therefor the words "fifty cents." Sec 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 15, 1905. W. K ABERNATBT, Speaker of the House of Representatives. E. KICE, Speaker of the Senate. Approved April 17, 1905. JOHN I. COX, Governor. — 1075 — CHAPTER 493. House Sill No. 990. A BILL to be entitled An Act to authorize and empower the Mayor and Aldermen of the municipal corporation of the Town of Dresden, Weakley County, Tennessee, to provide for, maintain, and operate a system of waterworks and electric lights for the municipal corporation of the Town of Dresden, Tennessee, and to authorize the issuance of interest-bearing negotiable bonds for said purpose, and to levy and collect taxes for the payment of same. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Mayor and Aldermen of ra^ot the municipal corporation of the Town of Dresden, Weak- nd§* ley County, Tennessee, be, and they are hereby, author- ized and empowered to issue negotiable, interest-bearing coupon bonds of the municipal corporation of the Town of Dresden, Tennessee, to an amount not to exceed ten thou- sand ($10,000) dollars for the purpose of buying, estab- lishing, erecting, and putting into operation a system of waterworks and electric lights for said municipal corpora- tion of the Town of Dresden, Weakley County, Tennessee, and to furnish the inhabitants of the said Town of Dres- den and the suburbs thereof with water for drinking, domestic, and manufacturing purposes, as well as for all other purposes water may be used ; and with electric lights for home, manufacturing, as well as for all other purposes electricity may be used. The amount for said system of waterworks and electric lights shall be prescribed by the Board of Mayor and Aldermen of the Town of Dresden, Tennessee, so that in the aggregate they do not exceed ten thousand ($10,000) dollars. Sec. 2. Be it further enacted, That said bonds shall Denomination, be in the denomination of $100 or multiple thereof with et0* coupons attached for the semi-annual interest and no single bond to be in excess of $1,000, shall be payable principal and interest in lawful money of the United States, and said bonds shall be payable at the end of twenty years, or held. Who may ?ote. — 1076 — sooner, at the option of the Board of Mayor and Aldermen of said town, and to bear interest at a rate not to exceed five per cent per annum, payable semi-annually, and in no cape to be sold for less than their face value ; Provided, that no commission shall be allowed or paid any one for the sale of said bonds. All of said bonds issued shall be denominated as "Waterworks and Electric Light Bonds," and shall be signed by the Mayor and Recorder with the corporate seal of the Town of Dresden attached thereto. Election to be Sec. 3. Be it further enacted, That before said bonds shall be issued the Board of Mayor and Aldermen shall, by ordinance, submit the question to the legal and qualified voters of said town to ascertain the will of said voters in reference to the issuance of said bonds. Said election shall be held at some time prior to December 1, 1905, which time shall be selected by the Board of Mayor and Alder- men. Sec. 4. Be it further enacted, That at the election ' held as herein provided for, all persons shall be entitled to vote who are qualified to vote for city officers or for the Mayor and Aldermen of the said Town of Dresden, Ten- nessee. Those voting in favor of the issuance of the said bonds shall have printed or written on their ballots the words "For Bonds," and those voting opposed to the is- suance of said bonds shall have written or printed upon their ballots the words "Against Bonds;" and if at the election held under the authority of this Act a majority of votes cast on the proposition to issue bonds are cast "For Bonds," then the Board of Mayor and Aldermen of said Town of Dresden, Tennessee, shall have power and authority to issue bonds under the provisions of this Act, but not otherwise. La2dl5nking ^ec. 5" &e ** further enacted, That if bonds are i*- fund tax. sued under the provisions of this Act the Board of Mayor and Aldermen of the Town of Dresden, Tennessee, shall have the right and power, and they are hereby authorized, to pledge the faith and the property of said town for the payment of the principal and interest of said bonds, and the Board of Mayor and Aldermen of the said Town of Dresden are hereby authorized and empowered to levy and collect annually, beginning with the year 1906, and while said bonds or any of them are outstanding, a special tax on all taxable property situated within the corporate limits of said Town of Dresden and taxable under the — 1077- laws of the State of Tennessee for corporation purposes; to levy and collect a special and license tax upon all pur- suits, avocations, and businesses carried on within the corporate limits of said town, required by the laws of the State to pay a privilege tax to the State, not exceeding the rate or amount of privilege tax on such business for State purposes, and to levy and collect a tax on all polls of said town, for the purpose of paying the interest on said bonds as it becomes due, and to pay the expense inci- dent to and incurred in the operation of said waterworks and electric light plant, and to create a fund with which to pay off and retire the bonds herein authorized to be issued. Said Board of Mayor and Aldermen may also set aside and appropriate such earnings of said system of water- works and electric light plant, or either of them, as may be deemed prudent and advisable for the purpose of pay- ing the semi-annual interest on the bonds, or to meet the expense incident to and incurred in the operation of said waterworks and electric light plant, or place the same in a sinking fund to pay off and retire the bonds herein au- thorized to be issued. Sec. 6. Be it further enacted, That the Mayor and Aldermen of said town may, by ordinance, adopt such rules and regulations as may be advisable for the control and management of said system of waterworks and electric light plant Sec. 7. Be it further enacted, That the Board of selection o* Mayor and Aldermen of said Town of Dresden are em- i»&oi^,eto.m' powered to take and appropriate such lands or grounds as they may choose for the location of said waterworks and electric light plant, either within or without the corporate limits of said town, for a site for waterworks and electric light purposes, for pumping station or reservoir and light plant, for water pipe or pipes, for wire lines, and for right of way from pumping station or reservoir to water supply for water pipe or pipe9, upon payment of damages ; to exercise this power the Mayor and Aldermen shall, by ordinance, designate the grounds to be appro- priated and appropriate the same as provided for "taking private property for works of internal improvements" by Sections 1549 to 1571, of Milliken and Vertrees' Compila- tion of the Statutes of the State of Tennessee. — 1078 — Sec. 8. Be it further enacted, That this Act take effect from and after its passage, the public welfare re- quiring it. Passed April 15, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 17, 1903. JOHN I. COX, Governor, CHAPTER 494. House Bill No. 751. AN ACT to reorganize the quarterly County Court of Obion County, to consiBt of nine Justices of the Peace, to designate and define nine territorial divisions to be composed of exist- ing Civil Districts; from each of said nine divisions one Quarterly Court Justice shall be elected by the Justices of the said court: to designate the time and place of electing the same, to define the manner of electing them and other county officers by the Justices, to prescribe the oath of qualification of said Quarterly Court Justices, to prescribe a quorum of justices to elect certain county officers, and the quorum of the Quarterly Court Justices for the transaction of business, to define the powers and jurisdiction of said county, and to modify and amend all laws in conflict therewith. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That from and after this Act takes effect the Quarterly Court of Obion County shall consist of nine Justices of the Peace, to be elected and chosen as hereinafter provided. Sec. 9. Be it further enacted, That for the purpose of effectuating the objects of this Act, said Obion County shall have nine territorial divisions, each division consist- ing of said embpacing therein the existing Civil Districts as follows: The first division shall be composed of the First and Second Civil Districts; the second division shall be com- posed of the Third, Tenth, and Twelfth Civil Districts; _1079 — the third division shall be composed of the Fourth and Seventh Civil Districts ; the fourth division shall be com- posed of the Fifth and Ninth Civil Districts; the Fifth division shall be composed of the Sixth and Fourteenth Civil Districts; the Sixth division shall be composed of the Eighth and Eleventh Civil Districts ; the seventh di- vision shall be composed of the Thirteenth Civil District ; the eighth division shall be composed of the Fifteenth Civil District ; the ninth division shall be composed of the Sixteenth Civil District Sec. 3. Be it further enacted, That on the first Mon- day in July, 1905, the Justices of the Peace of said Obion EleotionJof County shall assemble at the courthouse of said county, Sj*?6?* and, the County Judge presiding, shall proceed to elect tioes. nine (9) of said Justices of the Peace, one from each of the nine divisions as constituted and defined in Section 2 of this Act, and when so elected and qualified said nine Justices shall be designated as Quarterly Court Justices, and constitute said Quarterly County Court, and shall hold their offices as such until the next regular election of Jus- tices of the Peace and until their successors are elected and qualified. Sec. 4. Be it further enacted, That after every regu- same. lar election of Justices of the Peace, the said Justices of the Peace of said county shall on the first day of the first regular term of the Quarterly Court after said regular election of the Justices of the Peace assem- ble at the courthouse of said county and proceed, as provided in Section 3 of this Act, to elect nine Quarterly Court Justices, one from each of said nine divisions, to serve for six years, or until the expiration of the terms for which they were elected as Justices of the Peace and until their successors are elected and quali- fied. Sec. 5. Be it further enacted, That before entering upon their duties as such, said Quarterly Court Justices 0atb shall take the following oath: "I do solemnly swear that I will perform with fidelity the duties of the office to which I have been chosen, and which I am about to as- sume." Sec. 6. Be it further enacted, That a majority of said Quarterly Court Justices shall constitute a quorum for the transaction of business, but no election, decision, or other action had by said court shall be valid unless concurred in — 1080 — by four (4) members, except to adjourn, which may be had by a majority of the members present. Sec. 7. Be it further enacted, That should a vacancy Yhowflitod! occur in the membership of said Quarterly Court the same shall be filled at the next regular term of said court there- after, when the Justices of the county shall elect a Justice of the Peace from the same division in which the vacancy has occurred to serve for the remainder of the term. Sec. 8. Be it further enacted, That when a Coroner and Ranger are to be elected for said county, and should a vacancy occur subsequent to an election in the office of Sheriff, Trustee, or Register, the election of said Coroner and Ranger, and to fill vacancies occurring in the offices of Sheriff, Trustee, or Register, or Quarterly Court Jus- tice, shall be had as follows : When any of said offices are to be filled, or any of oieI1n com- said officers are to be elected by the Justices of said tjOffloM. county it shall be the duty of the Clerk, or if there be no Clerk, his deputy, and if there be no Clerk or deputy, the County Judge, to give at least ten days' notice to every Justice of the Peace of his county to assem- ble at the courthouse of his county in order to fill such office or vacancy, and in filling all such offices or vacancies, all of the Justices of the county shall be entitled to attend and draw pay, but shall not draw pay for more than one day, and three-fifths of all the Justices shall be necessary to constitute a quorum for said election. Sec. 9. Be it further enacted, That said Quarterly Court shall represent Obion County, and all business which cannot be lawfully done by the County Judge shall be done by the Quarterly Court at its quarterly sessions, to be held on the first Mondays of January, April, July, and Oc- tober of each year, and it shall appoint all county officers, not elected by the people, not appointed bv other courts and not elected by the Justices of the Peace as provided by this Act. The County Judere shall preside over all assemblages of the Justices of the Peace at the quarterly terms of courts provided by this Act. Sec. 10. Be it further enacted, That all laws and parts of laws in conflict with this Act, be, and the same are hereby modified and amended so as to conform to this Act, — 1081 — and that this Act take effect on and after July 1, 1905, the public welfare requiring it. Passed April 15, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. EICE, Approved April 17, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTEE 495. House Bell No. 906. • AN ACT to lay off and establish the Viola Taxing District ly- ing in Warren, Grundy, and Coffee Counties, and for the estab- lishing and the maintaining a high school or schools therein, and to establish a Board of Directors and a Clerk of said Taxing District, and to levy a special tax for the main- tenance of the said high school or schools, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That all that part or area of land lying in the State of Tennessee in the Counties of Warren, Grundy, and Coffee, and within the following boundaries — to wit: Beginning at the fianlan bridge over Hickory Creek Boondariet. and running down Hickory Creek to the forks of the creek; thence up Big Hickory to the Scott Board on the McMinnville and Viola Koad; thence with said road to- ward McMinnville to C. S. Cardwell's northeast corner; thence with his line, including his farm, back to the creek; thence up said creek to Mrs. E. Stubblefield's line; thence with her line, including her land, to T. B. Brown's line; thence with his line, including his land, to Alex Miller's land, including his land, to the mountain ; thence south with the mountain, including T. J. Wagner's place, Bettie Brown's place, and R T. Etter's land, to a black oak, his southeast corner; thence southwestwardly with Officers. — 1082 — his south boundary line of his home tract to Cave Spring in the Viola and Ahamont Road ; thence northwardly wi A said road to the Hill's Trace Road; thence southwardly with said road to Mrs. Mary Thaxton's line ; thence with her line, including her land, to the mountain; thence around with the foot of the mountain, including John Scruggs' and A. F. Stubblefield's farm, to the creek; thence up said creek to T. W. Lawrence's southeast corner to G. Brawley's line; thence up the line with said Law- rence's land to Hill's Trace Road, near Ohapple meeting house ; thence with E. W. Smartt's line, including his lan<£ to J. A. McOulough's farm, including his land; thence with his various lines back to E. W. Smartt's line ; thence with his line to the Manchester and Viola Road; thence with said road to C. C. Ramsey's farm ; thence with his line, including his farm, back to the Short Mountain Road; thence north with said road to H. B. Bonner's farm, and including the same, to William Ramsey's south- west corner ; thence with his west line to W. T. Ramsey's line ; thence with his line, including his farm, to Hickory Creek; thence down said creek to the beginning, be, and the same is hereby, created and constituted "The Viola Taxing District" for the purpose of maintaining and op- erating a high school or schools. Sec. 2. Be it further enacted, That the officers of said Taxing District shall consist of three Directors and a Clerk, and the same shall be elected by the qualified voters residing in the said Taxing District on Tuesday after the first Monday in June, 1905, and shall serve for a term of two years and until their successors are elected and qualified for the purpose of this election. The Elec- tion Commissioners of Warren, Coffee, and Grundy Coun- ties shall hold a special election in the districts embraced by the boundaries of their Taxing Districts in their re- spective counties on Tuesday after the first Monday in June and hereafter every two years. Sec. 3. Be it further enacted, That said Directors herein created and their successors in office shall consti- tute, and are hereby declared, a Board of Directors of the Viola Taxing District, and by that name may sue and be sued, plead and be impleaded, and have continual suc- cession for the purposes hereinafter designated ; may have a common seal and make such by-laws and regulations, from time to time, as they may deem proper ; herein can- not inconsistent with the authority herein conferred or — 1083 — the laws of the State of Tennessee, for the purpose of carrying into effect the object for which they are created. Sec. 4. Be it further enacted, That the powers and duties of said Board of Directors, except as above and hereinafter set out, are as follows: First to receive by deed the property of the Viola Normal College and to hold the same for school purposes of the white children within the Viola Taxing District so long as the said Viola Taxing District shall exist, and then the property to revert to the Trustees of the Viola Normal College or their successors. 2. To establish and maintain a high school at ^d^jjjj^jj1 Viola Normal College Building, wherein shall be tanght directors. all branches and now taught by the primary and sec- ondary schools of the State, and in which may be taught a commercial or business course, and also a course pre- paratory for university work at the discretion of the said Board of Directors. 3. To employ competent teachers, as many as they see proper, for said school, fix their salaries, and discharge them. 4. To open and close the schools and determine the length of the session. 5. To keep in repair and improve the said Viola Nor- mal College buildings and ground. 6. To suspend and dismiss pupils when the prosperity and efficiency of the schools make it necessary. 7. To use the school funds coming into their hands from whatever source in such manner as will promote the interest of the schools in the said Taxing District. 8. To see that a census of the children is taken in the proper time as set out hereinafter. 9. To hold regular meetings as prescribed by them and special meetings when called by the Chairman or any one member. 10. To take care of, manage, and control all school property belonging to or used by the Viola Taxing Dis- trict. 11. To buy and sell such property as shall be neces- sary and advantageous for the purpose of operating a colored school similar to that of the white school. 12. To apply the funds at their disposal belonging to the colored children of the Viola Taxing District to* pur- chasing a house for the colored school, or they may apply the funds to any colored school in the district they may — 1084 — select, whereby agreement with the Directors of the public school all the colored children in the said Viola Taxing District may have the right to attend said school free of charge during such time as it is run by the funds belonging to the Viola Taxing District 13. To have full control and charge of the funds be- longing to the Viola Taxing District for the best interest of the children of the said district, and to carry out the provisions of this Act. Sec. 5. Be it further enacted, That all children living within the boundaries of the Viola Taxing District shall be entitled to the benefit of the funds arising from the provisions of this Act, and are entitled to free tuition in the school operated by the said Board of Directors ; Pro- vided, this shall apply to such children as are between the ages of six and twenty-one years. Sec. 6. Be it further enacted, That the said Board, o^Board.011 within thirty days, shall meet and organize by electing a Chairman, who shall preside at all meetings of the Board, and a Treasurer, who shall take charge of the funds of Ae district and pay out the same upon order of the Board, evidenced by the warrant drawn by the Clerk and signed by the Chairman of the Board. Sec. 7. Be it further enacted, That for the purpose T&xasaeisment of carrying out the provisions of this Act there is assessed for the year 1905 and for every subsequent year there- after twenty-five cents on every one hundred dollars' worth of taxable property, and twenty-five cents poll tax on all male persons between the ages of twenty-one and forty-* five within the said Viola Taxing District. To enforce the collection of said taxes the Board of Directors shall have all of the powers vester in the Board of Mayor and Aldermen of municipal corporations created under the general law of the State of Tennessee, and the Clerk all the rights and privileges of the Recorder of municipal corporations under the said general law. And to carry out the provisions of this Act the said Board of Directors and Clerk are vested with all power and rights that are necessary and incidental for the collection of taxes. All taxes assessed on real estate are a lien upon such real estate, and to be collected as taxes above set out Sec. 8. Be it further enacted, That none of the per- sonal property mentioned in Sections 3794 and 3795 of the Code of Tennessee, Shannon's Compilation of 1896, _1085 — shall be exempt from sales for taxes under the provisions of this Act Sec. 9. Be it further enacted, That the taxes on the assessed value of personal property shall be assessed on the value of the property as shown by the book of the County Trustee of the County where the land lies, or the person resides, unless such assessment shall have been raised or lowered by the Board of Equalizers at its regular session, and in this event the value in such land, as shown by the Board of Equalizers, or personal property, shall be the basis of assessment under this Act Sec. 10. Be it further enacted, That taxes under this Taxei-when Act shall become due and collectible at the same time as collectible, taxes under the general revenue law of the State of Ten- nessee. Sec. 11. Be it further enacted, That in the event a part of land belonging to any individual shall lie partly within and partly without the boundary of the said Tax- ing District, it shall be the duty of the said Board of Directors to say what amount is subject to taxation within the district. Sec. 12. Be it further enacted, That the said Direct- No oompenim- ors shall serve without any compensation, and that they tlon- shall determine the amount to be paid to the Clerk. Sec. 13. Be it further enacted, That it shall be the duty of the Clerk (1) to keep the minutes of the Board Dutle90fcltrk- cf Directors and to draw all warrants ordered by the said Board; (2) to take the enumeration of the scholastic pop- ulation of the Viola Taxing District within thirty days after the thirtieth day of June of each year, and to report to the Board of Directors the number of white and col- ored children respectively in the said Taxing District on the thirtieth day of June, and to ascertain at as early a date as possible the amount belonging to the said Viola Taxing District, the amount to be determined by the num- ber of white and colored children, each child being allowed the same; (3) he shall collect all taxes due the said Tax- ing District and turn the same over to the Treasurer of the Board of Directors. Sec. 14. Be it further enactedy That this Act shall Aot beoomei take effect and be operative on the following conditions — $£?aneei«o- that is to say, that on Tuesday after the first Monday in tion-how. June, 1905, after giving notice according to law, the Election Commissioners of said Warren, Coffee, and Grundy Counties shall call a special election of the quali- — 1086 — fied voters of the Taxing District at their usual voting places to determine whether or not the people of the said Taxing District shall receive or reject said district. A ballot shall be prepared, on. which shall be printed 'Tor Taxing District" and "Against Taxing District," and those voting for the same shall put a cross mark after the words "For Taxing District," and those voting against the same shall put a cross mark opposite the words "Against Taxing District," and in the event that a ma- jority of the votes cast shall be "For Taxing District,7* the same shall be established as herein provided. But should a majority of said votes be found to be "Against Taxing District," then this Act shall be null and void and be held to be of no effect. The first election for Directors and Clerk shall be held at the same time and places as the above. At this election the legally qualified voters shall vote for and elect a Clerk and three Directors, whose term of office shall date from the said Tuesday after the first Monday in June, 1905. Elections shall be held at the same places every two years and on the said Tuesday after the first Monday in June to elect successors to the said Clerk and Directors. Sec. 15. Be it further enacted, That this Act take effect from and after its passage, the public welfare re- quiring it. Passed April 13, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 17, 1905. JOHN I. COX, Gfovernor. — 1087 — CHAPTEK 496. House Bill No. 520. A BILL to be entitled An Act to prevent live stock from run- ning at large in certain counties. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That it is unlawful for live stock of any kind to run at large in counties of the State of ThUActap. Tennessee having a population not less than twenty-two jjjjn£ thousand seven hundred and fifty (22,750) nor more than twenty-two thousand seven hundred and sixty-one (22,761) by the Federal Census of 1900 or by any sub- sequent Federal Census. Sec. 2. Be it further enacted. That any violation of Section 1 of this Act shall be a misdemeanor and pun- ishable by a fine of not less than five ($5) dollars nor more than ten ($10) dollars. Sec. 3. Be it further enacted, That any damage done by live stock running at large in any of said counties shall be, and is hereby, constituted a lien upon such said trespassing stock, to be enforced as other liens by judg- ment at law and execution or attachment. Sec. 4. Be it further enacted, That any person or persons upon whose lands such live stock may be found Tunning at large shall have the right to take up said live stock, and confine them, giving food and attention, and shall be entitled to a reasonable compensation for the same, which shall be a lien upon said live stock, to be enforced as provided for in Section 3. Sec. 5. Be it further enacted, That all fines collected tinder this Act shall be paid into the public school fund of the county in which said fines are assessed. Sec. 6. Be it further enacted, That this Act shall take effect only in such of the above described counties as shall express their approval of the same at a popular election, to be called and held by the Election Commissioners for that purpose on Saturday, the fifth day of August, 1905. 8aid election shall be held and certified by said Election Commissioners as other county elections are now held 1088 — and certified, and those voters favoring the law shall cast a ballot "For the stock law," and those opposing it shall cast a ballot "Against the stock law," and if a majority of the votes cast in said election shall be in favor of said law, then this Act shall take effect in such counties so expressing their approval of the same on the first day of January, 1906. Passed April 6, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 13, 1905. JOHN L COX, Governor. CHAPTER 497. Sexate Bill No. 274. AN ACT to appropriate money out of the State Treasury for the purpose of defraying the expenses of the State Government for two years, commencing March 19, 1905. Comptroller not to draw warrant except for apeoiflo ap- propriation. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the appropriations herein- after set out are hereby made for the purpose of defraying the expenses of the State Government for two years, com- mencing March 19, 1905, which appropriations shall be paid out of the State treasury upon the warrant of the Comptroller. The Comptroller is hereby expressly for* bidden to draw his warrant on the treasury for any amount over and above the amount appropriated for any partic- ular purpose, and he is also forbidden to draw for any amount for any purpose for which an appropriation has not been made either in this Act or by law. The Treasurer is hereby forbidden to pay any warrant of the Comp- troller unless money has been appropriated by this Act r clerical assistance to the Supreme Court, each member $600.00 per annum 6,000 00 Provided, that no part of this compensation shall be paid except when an account is made out there- for, showing to whom it Is to be paid, and the nature of the work performed, the length of time engaged, and its correctness certified to and approved by a Judge of the Supreme Court. Salaries of Judges of the Chancery Court of Appeals three (3) each, $3,500.00 per annum 21,000 00 For clerical assistance to the Court of Chancery Ap- peals, each member $600.00 per annum 3,600 00 This shall be certified to and paid in the same manner as clerk hire of the Judges of the Supreme Court. Expenses of the Supreme Court and Court of Chan- cery Appeals, which shall include the pay of Marshals, porters, stationery, and handling Judges' books 10,000 00 The $10,000.00 appropriation herein provided for shall be apportioned by the Supreme Court between the courts of the respective divisions, and the accounts of each division shall be kept sepa- rately by the Comptroller; provided, that no porter for the Supreme Court shall be paid more than $40.00 per month. Salary State Attorney General and Reporter, $3,000.00 per annum 6,000 00 Salary of Assistant Attorney General for State, $2,- 000.00 per annum 4,000 00 Expenses of the State Attorney General and Reporter for stenographer, briefs, opinions, etc., per an- num, $1,000.00 2,000 00 Salaries of Circuit Judges twenty (20), each $2,500.00 per annum 100,000 00 Salaries of Chancery Court Judges, ten (10), each $2,500.00 per annum 60,000 00 Salaries of Criminal Court Judges (4), each $2,500.00 per annum .- i 20,000 00 Salaries of Assistant Attorneys General (2), at $1,200 per annum 4,800 00 Salary of Assistant Attorney General (1), at $1,800.00 per annum 3,600 00 Salary of Assistant Attorney General, Montgomery County, $800.00 per annum 1,600 00 Salary of Assistant Attorney General (1), at $800.00 per annum 1,600 00 Salaries of District Attorneys General (16), at $2,500 each per annum 80,000 00 Bupreme Court Reports, 600 copies, per volume, $1.96 as per contract. 60 — 1090 — Arresting fugitives from justice 1,000 W ] Department of History and Archives Secretary to be appointed by the Governor, salary and expenses not to exceed $1,000.00 per annum 2,000 99 OFFICE OF THE GOVERNOR. Salary of Governor, $4,000.00 per annum $ 8,000 01 Salary of Private Secretary, $1,800.00 per annum 3,600 09 8alary of Stenographer, $720.00 per annum 1,440 M Office expenses, such as stamps, telegraphing, long- distance telephoning, stationery, blanks, and publishing Governor's proclamation 1,200 19 OFFICE OF STATE TREASURER. Salary 8tate Treasurer, $3,500.00 per annum % 7.009 09 Salary of Chief Clerk, $1,800.00 per annum 3.600 09 Salary of Assistant Clerk, $900.00 per annum 1,800 09 Office expenses, such as stamps, blank books, printing, stationery, etc 1,000 99 Publishing Treasurer's quarterly reports in news- papers 600 09 No other clerk shall be allowed except those provided for above. OFFICE OF INSURANCE COMMISSIONER AND BUILDING AND LOAN INSPECTOR. Salary Insurance Commissioner and Building and Loan Inspector, $1,500.00 per annum 3,000 09 Salary of Clerk, per annum 1,800 09 Office expenses and printing to be paid as now pro- vided by law. OFFICE OF SECRETARY OF STATE. Salary of Secretary of State, $3,000.00 per annum $ 6,000 90 Salary of Clerk, $1,800.00 per annum 3,600 09 Salary of second Clerk, $1,500.00 per annum 3,600 09 Salary of Stenographer, $720.00 per annum 1,440 09 For office expenses, stamps, stationery, poll books, blank books, long-distance telephoning, tele- graphing, etc 2,500 00 OFFICE OF COMPTROLLER OF THE TREASURY. Salary of Comptroller, $4,000,000 per annum $ 8,000 09 Salary of Chief and Auditing Clerk, $2,000.00 4,000 09 Salary of bookkeeper, $1,800 per annum. 3,600 00 Salary of Warrant Clerk, $1,500 per annum 3,000 09 Salary of file and pension clerk, $1,200 per annum. . . . 2,400 00 Salary of assistant bookkeeper, $900.00 per annum 1,800 00 Salary of stenographer, $720.00 per annum 1,440 00 Office expenses, such as stamps, stationery, telegrams, telephoning, expressage, blank forms for coun- ty, tax digest, etc 3,000 99 Tax aggregate 2,400 09 — 1091 — FUNDING BOARD. Ilerk to Board, $1,500.00 per year $ 3,000 00 loard expenses, including all necessary and actual traveling expenses, to be paid only upon pres- entation of itemized statement of accounts, properly receipted 1,000 00 )FFICE OP SUPERINTENDENT OF PUBLIC INSTRUCTION. Salary of Superintendent, $2,400.00 per annum $ 4,800 00 lalary of Clerk, $1,200.00 per annum 2,400 00 Salary of stenographer, $720.00 per annum 1,440 00 Praveling expenses of Superintendent while in ac- tual discharge of his official duties (to be item- ized and sworn to) $750.00 per annum 1,500 00 Dfflce expenses, such as stamps, telegraphing, tele- phoning, expressage, blank books, and forms, $600.00 per annum 1,200 00 State Normal Institute, $5,000.00 per annum 10,000 00 Printing, stationery, scllool law, school suppHes, diplomas, annual report, and other necessary printing, $4,500.00 per annum 9,000 00 Expenses State Board of Education, per annum $600.. 1,200 00 All the above expenses shall be paid out of the school fund. OFFICE OF COMMISSIONER OF AGRICULTURE. Salary of Commissioner, $2,500.00 per annum $ 5,000 00 Salary of Assistant Commissioners (3), $1,000 per annum 6,000 00 Extra compensation for Assistant Commissioner from Middle Tennessee, for extra duties as Fertilizer Inspector, per annum $200.00 400 00 Salary clerk, $1,350 per annum 2,700 00 Office expenses, such as stamps, telegraphing, tele- phoning, expressage, freight, drayage, blank books, analysis of fertilizers, printing, station- ery, fertilizer tags, crop reports, agricultural lit- erature, etc., $2,150.00 per annum 4,300 00 Provided, the $400.00 additional shall be used for the analysis of fertilizer. Live Stock Commissioner, $1,700.00 per annum 3,400 00 State Veterinarian, $6.00 per day while actually en- gaged in work for the Board, not to exceed $600 maintenance of the Texas fever quarantine line and suppression of communicable diseases among animals, to be paid only upon vouchers approved by the Governor 6,000 00 For holding Farmers' Institutes, $5,000.00 per annum. 10,000 00 Provided, that $60.00 per month shall be paid out of the appropriation for Farmers' Institutes for a stenographer. State Entomologist, to be paid not exceeding $1,500.00 per year 3,000 00 OFFICE STATE BOARD OF HEALTH. Salary of Secretary of the Board, $2,000 per annum. .$ 4,000 00 Salary of Clerk, $1,200 per annum 2,400 00 _ 1092 — Office expenses, stamps, telegraphing, telephoning, expressage, blanks, printing, and stationery.... 1,000 11 Prevention and suppression of % humane epidemic dis- eases, to be used only upon the approval of the Governor 5,000 00 OFFICE OF ADJUTANT GENERAL. Salary of Adjutant General, $1,800.00 per annum $ 3,600 00 FOR THE UNIVERSITY OF TENNESSEE. For the University of Tennessee $ 25,000 00 which shall be paid to the Treasurer of said Uni- versity and be used by its Trustees towards es- tablishing Schools of Technology in said Uni- versity. Provided, That of the amount so appropriated, $1,250 each year, or so much thereof as may be nec- essary for the purpose, be used for the trans- portation of pupils to and from the University during attendance, one round trip annually, so as to equalize the benefit of the University to all sections of the State. Provided, That this appropriation shall not be paid until after the sum of $300,000 shall have been set apart from the surplus to the credit of the public school fund, as provided under Senate Bill No. 100. Provided, This appropriation shall in no way reduce or Interfere with the public school fund. TENNESSEE BLIND SCHOOL. Each student, per annum $ 175 00 payable 117.50 per school months, not to exceed ten months in each year. For rebuilding workshop, and other repairs and equipment 13,000 00 To place fire escapes on Blind School, to be spent upon the approval of the Governor 2,500 00 TENNESSEE INDUSTRIAL SCHOOL. Each student, per annum $ 100 00 DEAF AND DUMB SCHOOL Each student, per annum $ 1S5 00 to be paid $16.50 per school months, not to ex- ceed ten months per year. Boiler and heating apparatus 1*175 00 For enlarging chapel, to be expended under direction of the Governor 6,500 00 CENTRAL HOSPITAL FOR THE INSANE. Each patient, per annum $ 135 00 limited to 475 patients. Salary of Superintendent, per annum, $1,900.00 3,800 00 For fire escapes for colored department, cost to be approved by Governor and Comptroller _ 1098 — EASTERN HOSPITAL FOR THE INSANE. The number of inmates to be limited to 425, per capita each, per annum $ 135 00 For the purchase of dynamo, engine, and wiring 2,500 00 To furnish new addition 1,000 00 For new boilers 1,500 00 Fire hose 400 00 No portion of this fund shall be paid for more than one assistant physician, nor for more than two attendants to one ward. Salary of Superintendent, per annum, $1,900.00 3,800 00 WESTERN HOSPITAL FOR INSANE. Each patient, per annum $ 135 00 limited to 575 patients. Salary of Superintendent, per annum $1,900 3,800 00 For completing road from Bolivar 1,500 00 For rebuilding barn 500 00 CONFEDERATE SOLDIERS' HOME. Each inmate, per annum $ 135 00 Religious services, per annum, $150 300 00 Expense of each burial of inmates 20 00 For improvements, repairs, painting, heating, etc. . . . 2,000 00 LADIES' HERMITAGE ASSOCIATION. To preserve and repair the home of Andrew Jackson, $600.00 per annum $ 1,200 00 Additional repairs for 1905 500 00 PENSION TO DISABLED SOLDIERS. Per annum, $250,000 to be paid as provided by law. . .$500,000 00 Additional, $25,000.00 per annum for widows of sol- diers 60,000 00 Expenses of Frank Moses, Special Examiner, to be paid out of appropriation for pensions (paid) . . 428 00 BLIND GIRLS' HOME. For building fence and other improvements $ 1,000 00 For maintenance of Home, per annum 500 00 PUBLIC PRINTING. Messages and reports of various departments to Leg- islattore. $ *,000 00 Publishing Acts, Journals, Appendix, etc 4,000 00 AsseKsment blanks 2,000 00 Publishing Acts in newspapers and copying same. . . . 1,000 00 — 1094 — SHOP AND FACTORY INSPECTOR. Salary, $1,200.00 per annum % 2,400 at Expenses, $250.00 per annum $00 Oft or so much thereof as may be necessary, to be paid only upon proper vouchers for actual ex- penses Incurred by the Shop and Factory Inspec- tor while away from home, in the actual per- formance of his duty as required by law. NATIONAL GUARD. Maintenance of the National Guard, $12,500.00 per an- num; provided that none of this fund shall be ex- pended except the vouchers approved by the Ad- jutant General and Governor % 25,000 01 OFFICE OF MINE INSPECTOR. To be paid as provided by Chapter 227, of the Acts of 1903, or any subsequent Act amending that Act. OFFICE RAILROAD COMMISSIONER. Salary of Commissioners (3), each $2,000 per annum.. $ 12,000 00 Salary of Secretary, $1,500.00 per annum 3,000 64 Salary of Stenographer, $720.00 per annum 1,440 00 Office expenses, such as stamps, stationery, printing, traveling expenses, etc.; provided, that none of said sums shall be used for the payment of any expenses in the home town of any member of the Commission, or the expenses of any mem- ber of the Commission while in the City of Nashville, to be paid upon presentation of re- ceipts taken for actual expenses 2,000 00 STATE LIBRARIANS. Salary of Librarian, $1,200.00 per annum $ 2,400 00 Salary of Assistant, $720.00 1,440 00 Law Library to be expended by the Supreme Court. . For library expenses to be expended under direction of Library Commission, per annum 1,000 00 OFFICE SUPERINTENDENT CAPITOL. Salary of Superintendent, $1,000.00 per annum $ 2,000 00 Salary of Night Watchman, $900.00 per annum 1,800 09 Salary of Engineer, $1,000.00 per annum, the Engineer to be under control of Capitol Commission 2,000 00 Salary of fireman, when needed, per month 50 00 Salary of Landscape Gardener, $600.00 per annum 1,200 00 Salary of porter, Secretary of State, Adjutant General, $480.00 per annum 960 00 Salary of porter, Treasurer and Comptroller, $480.00 per annum • 960 00 Salary of porter, State Board of Health, Superintend- ent Schools, State Agricultural Department, and Supreme Court, $480.00 per annum 960 00 — 1095 — Salary of porter for Library, $480.00 per annum 960 00 Salary of porter, Railroad Commission, Pension Board, Commisioner Labor, etc., 1480.00 per annum. . . . 960 00 Salary of porter for Governor, 1480.00 per annum 960 00 All porters employed in the Capitol to be under the control and direction of the Superintendent. "Water, fuel, lights, ice, blank books, and other con- tingent expenses, to be approved by the Governor 4,000 00 On account of 1903 deficiency 1,000 00 STATE PENITENTIARY. Salary Commissioners (3), each per annum, $2,500.00.$ 15,000 00 Salary Warden main prison, $1,200.00 per annum 2,400 00 Salary Warden Brushy Mountain, $1,200.00 per annum. 2,400 00 Salary Physician main prison, $1,200.00 per annum.. 2,400 00 Salary Physician Brushy Mountain, $1,200 per annum. 2,400 00 Salary Chaplain main prison, $500.00 per annum 1,000 00 Salary of Chaplain, Brushy Mountain, $250 per annum. 500 00 Salary of Matron main prison, $480.00 per annum.-. . . 960 00 Expenses and maintenance as now provided by law. PUBLIC SCHOOL FUND. Interest on public school fund, $150,750.00 per annum.$301,500 00 SPENCER T. HUNT FUND. Interest on Spencer T. Hunt fund, per annum, $444.16. .$ 888 32 Sec. 2. Be it further enacted, That no portion of the funds herein appropriated for the maintenance and sup- port of any public institution, whether charitable or penal, shall be paid to any Trustee or officer of any institution supported by the State or to their agents or firms or cor- poration with which they are connected, except the salary and per diem now provided for by law. Sec. 3. Be it further enacted. That the Comptroller issue his warrant on the State Treasurer for interest due nstSedebt April 1st, 1905, July 1st, 1906, October 1st, 1905, Jan- nary 1st, 1906, April 1st, 1906, July 1st, 1906, October 1st, 1906, and January 1st, 1907, on the bonds compris- ing the State debt> as the same may be payable by statute. Sec. 4. Be it further enacted, That the Comptroller issue his warrant on the State Treasurer for the payment of the interest July 1st, 1905, January 1st, 1906, July 1st, 1906, and January 1st, 1907, on bonds and certifi- cates of indebtedness held by charitable, literary, or edu- cational institutions in this State, as may be due by ex- isting laws. _ 1096 — in cue of in- Sec. 5. Be it further enacted. That whenever there u Bjurection or wj^jn the borders of the State an insurrection, riot, or violence of any kind, the magnitude of which threatens the peace and dignity of the State as to make it necessary for the Governor *o call out the militia or to call to their aid the Sheriffs of the State to suppress same in accord- ance with the provisions of Chapter 8, Acts of 1891, extra session, the Governor shall have the right to pur- chase all supplies, pay for the maintenance of the militia, and the posse, and shall draw upon any funds in the treasury for that purpose. charitable in- ^EC" '* ^6 ** further enacted, That the authorities stitutions— of any State institutions, of whatever kind and char- method o°f acter, maintained in whole or in part by the revenue of pensef.ex~ the State, shall, when they desire payments of the amounts expended by them under the provisions of the law, forward to the Comptroller of the State properly itemized accounts for all articles purchased by them or amounts expended, duly approved by the proper persons; and, if after in- spection and comparison of accounts of like character of other institutions, the Comptroller is of the opinion that the same are proper, reasonable, and just, he shall draw his warrant in favor of the holder thereof ; Provided, the Comptroller, when in doubt as to the correctness, reason- ableness, and justness of such claim, shall have full au- thority to investigate the same ; and, if necessary, report same to the District Attornev or Revenue Agent of the district in which said claim originates. Said original accounts shall be filed with the Comp- troller, and duplicates thereof shall be retained by said several institutions and filed and preserved for inspection. Sec. 7. Be it further enacted, That it shall be un- lawful and a misdemeanor for the Comptroller of the State to issue any warrants for the purpose of providing for the pay of inmates of any charitable or educational institution of the State unless at the time application is made for the same a statement verified under oath, made before some person competent to administer oaths, is filed in the office, showing the name for each inmate for whom pay is drawn, the residence and age of such inmate, date of admission into such institution, and the actual time such inmate has been in such institution during the period of time for which such pay is drawn, and no pay shall he allowed for any greater period than the time such inmate has been in such institution, and a receipted monthly — 1097 — • pay roll of all employes for the previous month furnished with said requisition and estimate. . Sec. 8. Be it further enacted, That as to any claim or demand against the State for or on account of traveling expenses provided herein and purporting to have accrued after the adjournment of the present General Assembly, it shall be unlawful for the Comptroller of the State to issue his warrant therefor unless a statement is filed in his office showing the expense specifically and by items, filing with sworn statement original receipts for all ex- pense except railroad fare and sleeping car fare, and that the same shall be necessary and actually disbursed and expended, which statement shall be verified by oath of claimant and made before some person competent to ad- minister an oath. "Porterage" shall not be included in expense accounts. Sec. 9. Be it further enacted, That hereafter the Com- missioner of Agriculture shall keep a record of, and shall commissioner account for, all fertilizer tags sold by him. That to do ?»%» keep this, he shall have said tags printed, and, if necessary, JSSSf*0'**8* bound in suitable books, with coupons attached; each tag shall be numbered from No. 1 on up, and the coupons shall be a corresponding number. All tags sold shall be charged in the books of said office to the proper purchaser ; the item to state the smallest and largest number of each lot (inclusive) bought and sold by said individual or firm. Said coupons shall be retained by him together with said record of sales, subject to inspection at all times. The cost of printing said tags and coupons shall be paid out of the appropriation allowed in this Act. Sec. 10. Be it further enacted, That it shall be un- lawful for the Comptroller of the State of Tennessee to issue his warrant for any claim or demand against the State of Tennessee unless the same is fully, specifically, and exactly itemized and sworn to before some person competent to administer an oath, and the auditing or approval of such claim or demand by any of the State, or any department thereof, shall be ineffectual as against the above restrictions ; Provided, that this clause shall not apply to salaries. Seo. 11. Be it further enacted, That a sufficient sum be, and is hereby, appropriated out of any funds in the State treasury not otherwise appropriated to feed, clothe, and guard, transfer, and recapture or otherwise maintain and employ the convicts of the State. _1098^ Sec. 12. Be it further enacted, That notice is hereby given that it is the policy of the State of Tennessee that no department of government shall exceed its appro- priation, and that if they do exceed their appropriations, it shall be a liability of the officer ordering the same and not of the State. Sec. 13. Be it further enacted, That this act take effect from and after its passage, the public welfare requiring it Passed April 17, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved. JOHN I. COX, Governor. CHAPTER 498. AN ACT to designate, adopt, and declare a flag, or banner, for the State of Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a flag or banner is hereby designated and adopted and declared to be the flag or banner of the State of Tennessee, which flag or banner shall be of the following design, colors, and proportions — to wit : An oblong flag or banner in length one and two-thirds times its width, the large or principal field of same to be of color red, but said flag or banner ending at its itee or outer end in a perpendicular bar of blue, of .uniform width, running from side to side — that is to say, from top to bottom of said flag or banner — and separated from the red field by a narrow margin or stripe of. white of uniform width j the width of the white stripe to be one-fifth that of the blue bar ; and the total width of the bar and stripe together to be equal to one-eighth of the width of the flag. In the center of the red field shall be a smaller circular field of blue, separated from the surrounding red field by _ 1099 — a circular margin or stripe of white of uniform width and of the same width as the straight margin or stripe first mentioned. ' The breadth or diameter of the circular- blue field, exclusive of the white margin, shall be equal to one-half of the width of the flag. Inside the circular blue field shall be three five-pointed stars of white distributed at equal intervals around a point, the center of the blue field, and of such size and arrangement that one point of each star shall approach as closely as practicable without actually touching one point of each of the other two around the center point of the field; and the two outer points of each star shall approach as nearly as practicable without actually touch- ing the periphery of the blue field. The arrangement of the three stars shall be such that the centers of no two stars shall be in a line parallel to either the side or end of the flag, but intermediate between same ; and the high- est star shall be the one nearest the upper confined corner of the flag. Sec. 2. Be it further enacted, That this Act shall take effect from and after its passage, the public welfare re- quiring it. Passed April 17, 1905. E. RICE, Speaker of the Senate. W. K ABEENATHY; Speaker of the House of Representatives. Approved April 17, 1905. JOHN I. COX, Governor. — 1100 — CHAPTER 499. Senate Bill Na 513. AN ACT to provide for establishing the line between the State of Georgia and Tennessee; to provide for the appointment of a Commission to establish said line; and to appropriate money to pay the expenses thereof. Whereas, There are grave doubts as to the location of the State line between Georgia and Tennessee on that part of the line which runs between Dade County in the State of Georgia and Marion and Hamilton Counties in the State of Tennessee ; and, Whereas, The same has occasioned considerable trou- ble, and said line should be definitely settled and fixed. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Governor of this State is hereby directed to communicate with the Governcfr of the State of Georgia for the purpose of having a joint survey and settlement of the disputed question; and if an arrangement can be made between the Governors of the two States, then the Governor of the State of Tennessee be, and he is hereby, authorized and required to appoint three competent persons to act with such member as may be appointed by the State of Georgia, whose duty it shall be -to survey and establish and proclaim the true line be- tween the disputed points. Sec. 2. Be it further enacted, That the sum of two hundred and fifty dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated to pay the expenses of said proceeding, for which the Governor may draw his warrant on the Treasurer of the State. Sec. 3. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 15, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHN I. COX, Governor. ^1101 — CHAPTER 500. Senate Bill Mo. 541. AN ACT to authorize the Attorney General and Reporter of the State to appoint an assistant, or assistants, and to de- fine the duties of and provide compensation for such assist- ants. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Attorney General and8^^*1* Reporter of the State is hereby authorized to appoint one Assistant, who shall receive as compensation for the serv- ices required of him, under the provisions of this Act, the sum of two thousand dollars per annum, payable monthly, out of the treasury of the State, upon the war- rant of the Comptroller, and who shall be paid his actual necessary expenses when required to leave Nashville on business for the State, payable in like manner as hi3 compensation, when there has been filed with the Comp- troller an itemized statement certified by said Assistant and approved by the Attorney General; Provided, the Attorney General and the Assistant herein provided for shall discharge all the duties of said office, and the State Bhall not be liable for the costs instant (incident) to the employment of additional counsel unless approved by the Governor. Sec. 2. Be it further enacted, That the Attorney Gen- eral and Reporter is also authorized to appoint another Assistant in addition to the one provided for in the first section of this Act; Provided, however, that the com- pensation of such additional Assistant shall not be paid from the treasury of the State. Sec. 3. Be it further enacted, That the appointment- _ . m m i * • i • i i .i Term of omoe. or term of such Assistants as may be appointed by the Attorney General and Reporter, under the provisions of this Act, shall only continue during his pleasure, and they shall perform such duties as may be required of them by the Attorney General and Reporter. Said Assistants shall be regularly licensed attorneys of this State, duly qualified to practice in and members of the bar of the Supreme Court of the State; and, before entering upon Boundaries. — 1102- the discharge of their duties as herein provided, they, or the ones so appointed, shall take an oath to faithfully discharge the duties required of them. Sec. 4. Be it further enacted, That this Act shall take effect from and after its passage, the public welfare requiring it. Passed April 15, 1905. E. RICE, Speaker of the Senate. W. K. ABERXATHT, Speaker of the House of Representative*. Approved April 17, 1905. JOHN I. COX, Governor. CHAPTER 501. Senate Bill No. 510. AN ACT to incorporate the Town of Wartburg, in the County (A Morgan, and to prescribe its duties and powers, and to pro- vide for the election of officers, and prescribe their duties. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Town of Wartburg, in the County of Morgan, and the inhabitants thereof within the boundaries hereinafter specified, be, and are hereby. constituted a body politic and corporate by the name and style of Wartburg. The boundaries of said town to be as follows : Beginning on a poplar standing on the north bank of the Wartburg and Knoxville Road a few weeks ( ?) west of the Crone old house place; thence due north 160 poles to a stake ; thence west 400 poles to a stake ; thence south 320 poles to a stake; thence east 400 poles to a stake; thence north 240 poles to the point of beginning. Sec. 2. Be it further enacted, That the corporation of aforesaid shall have perpetual succession by such name and style. Shall sue and be sued, plead and be impleaded in all courts of law and equity and in all actions — 1103 — whatever. May purchase, receive, and hold real and per- ■ sonal property within and without the corporate limits, to be owned and used for corporate purposes only; and may sell, lease, or dispose of said property for the use of said corporation, and do any and all things touching said property as natural persons, and may have in use a com- mon seal, which may be changed at the pleasure of the Board of Mayor and Aldermen. Sec. 3. Be it further enacted, That the legislative ^^^^ power of the Town of Wartburg shall be vested in a authority Board of Mayor and Aldermen, which shall be composed of the Mayor and four Aldermen, who shall be elected by the qualified voters of said corporation, and shall hold their term of office for one year and until their successors are elected and qualified. The regular term of office of Buch Mayor and Aldermen shall begin on the first Monday of January of each year, except the first ones, which shall begin with the qualification and election as herein- after provided. Sec. 4. Be it further enacted, That within ten day8B1«^^of after this Act shall become a law, the Election Commis- sioners of Morgan County shall give due and legal notice and hold or cause to be held an election for the purpose of electing the Mayor and Aldermen, in this Act provided for. All subsequent elections shall be held in said cor* poration on Saturday after the first Monday in Decem- ber of each and every year, and the same shall be held under the direction of, and in such manner as, the Board of Mayor and Aldermen shall prescribe under the Gen- eral Rules and Regulations fixed by law for holding State, county, and municipal elections, and they are given power to appoint officers, judges, and clerks to hold the same. All vacancies in the Board of Mayor and Aldermen shall be filled by th& remaining members of said Board. All persons twenty-one years of age and over living within the corporate limits of said town for a period of six months next before the election and otherwise qualified under the laws of the State to exercise the elective fran- chise, shall he a legal voter in said corporation. The person receiving the highest number of votes in any election held under this Act for Mayor and Aldermen Bhall be declared elected, and the officer or officers holding said election shall issue to the persons so elected a cer- tificate showing their election within two days thereafter. 1104 — Oath of office. Meetini eetings of Board. Duties of Mayor. Powers of Board. Sec. 5. Be it further enacted, That before entering upon the discharge of their duties, the Mayor and Alder- men so elected shall take an oath before some officer at- thorized to administer oaths to faithfully discharge tfe duties of their offices and to faithfully demean themselra as the law directs during their continuance in office. Sec. 6. Be it further enacted, That the Board efore entering upon the duties of his office shall sub- TreMurer- scribe to an oath to faithfully discharge the duties of his office, and shall execute a bond in such sum as the Board of Mayor and Aldermen shall direct. It shall be the duty of the Treasurer to receive and pay out on warrants drawn by the Board of Mayor and Aldermen, signed by the Mayor and Recorder and attested by the seal of the corporation. He shall keep an account of the funds com- ing into his hands and paid out by him, shall furnish to the Mayor such information as he may possess in ref- erence to the finances of the corporation or otherwise. Every officer of the corporation or other person who shall deceive or have in his hands money belonging to the corporation, shall immediately pay the same over to the Treasurer and take his receipt therefor in duplicate, one of which shall be delivered to the Recorder by the party paying over the money and be kept by the Recorder sub- ject to public inspection, and for every failure upon the - part of any officer of the corporation to pay over to the Treasurer such money as herein provided, such officer, agent, or other person shall forfeit to the corporation double the amount of money not paid over as herein speci- fied. At the first of each month the Treasurer shall re- port to the Board of Mayor and Aldermen the transac- tions of his office during the previous month, which report shall show the amount of money received, from whom, and on what account; also a list of the warrants or or- ders which have been redeemed by him or been paid into his office as money due the city. Said warrants shall be canceled by the Treasurer when received. He will keep a permanent list of the same and submit the original one so long as his report to be destroyed by the Board. His annual report shall be made to the Board on the first meeting in January of each year. All warrants upon the Treasurer shall show the date of their issuance, date of allowance by the Board, to whom issued, for what pur- pose, and from what fund payable. The Treasurer shall receive such compensation as the Board of Mayor and Aldermen may allow, not to exceed two per cent of the revenues received by him. — 1108 — Duties of Sec. 13. Be it further enacted, That the Records, Beoorder- before entering upon the duties of his office, shall sub- scribe to an oath to faithfully perform the same, ni shall execute bond in such sum as the Board of Mayor and Aldermen may direct, conditioned upon the faith- ful performance of the duties of his office and to pay over to the Treasurer all moneyB that may come into hi hands belonging to the corporation, and to tarn over to his successor all books, papers, vouchers, and property of every kind pertaining to his office. The Recorder shall be the General Accountant of the corporation. It shad be his duty to receive and preserve all accounts, boob, vouchers, papers, etc., relating to the accounts, contracts, debts, revenues, and other affairs of the corporation. It shall be his duty to draw and register all warrants on the treasury for all appropriations and moneys ordered paid by the Board. He shall keep a true and accurate ac- count of the revenue, receipts, and expenditures of the city and with the City Treasurer and the different funds of the city. He shall see no appropriation or funds are overdrawn or misapplied, that no liability is incurred, and that no money or property of the city is disbursed or disposed of contract to law or ordinance. He shall, at the first meeting of the Board each year, certify to the Mayor the amount of money to be raised by taxation nec- essary to meet the current indebtedness. He shall re- port monthly to the Mayor the financial condition d Monthly flnan- the city showing the warrants issued, to whom, and on oui report. what £nn(^ the outstanding indebtedness, and the cash in the treasury. He shall keep a complete table of the resources, assets, and liabilities of the city, of all contracts, names of contractors, amount of contracts, the amount paid and the amount due ; a list of the employes of the city, time worked, and the wages paid. All settlements and reports made to him must be made under oath. Claims against the city must be itemized and sworn to except the fixed salaries of officers, and no claim shall be allowed by the Board and warrant issued thereon ex- cept the same is so verified. The Kecorder is authorized to issue all privilege license and permits which may be fixed by ordinance of the Board or granted to any person. He shall collect and receipt for amount of privilege license and permit fee. He shall be entitled to charge and col- lect in addition to such license a fee of fifty cents, which shall be paid into the treasury. License may be issued _1109 — [uarterly, semi-annually, or annually, and in all cases payable in advance. On the issuance of license the Re- order is required to receipt in duplicate, one of which scripts shall be deposited with the Treasurer before thg icense becomes effective. The Recorder shall attend all nestings of the Board of Mayor and Aldermen and keep i full, true, and complete record of the proceedings of uch meeting. He shall have custody of the seal, public ecords, and ordinances of the Board. Sec. 14. Be it further enacted, That there is hereby istablished within and for the corporation of Wartburg^ST* i court, to be presided over by the Recorder. He shall dso be the Clerk of his own court. The court of Wart- rarg is hereby invested with full power and authority to ry all offenses for a violation of the ordinances of said own, and said Recorder is hereby invested with con- current jurisdiction with Justices of the Peace in civil uad criminal cases under the laws of the State of Ten- lessee, and shall be entitled to the same fees as are now dlowed by law to Justices of the Peace for like services, ind to such fee as shall be provided for by ordinances ; in ill actions arising under the ordinances, the fees when col- eeted shall be paid to the Treasurer. The Recorder shall oeep a regular docket, and shall docket all cases tried by lim, and shall show the amount of all bills of cost, the practice and procedure before said court shall be such as he Recorder may establish not inconsistent to the laws )f the State or the ordinances of the corporation. In he event the Recorder shall either from absence or in- ibility to act be disqualified from sitting in any partic- ular case, the Mayor is authorized to try all such cases rt offenses against the ordinances of the corporation only. [f any person fails or refuses to pay the amount of priv- lege tax which they may be liable when the same is due, he Recorder shall issue a distress warrant therefor, which hall be levied by the Marshal upon the property of such ielinquent taxpayer, and the same sold in the manner described for sale under execution from the Courts of Record. The Recorder shall be authorized to charge one iollar for issuing distress warrant, and the Marshal one lollar for levying, and the usual commissions for selling mder each distress warrant, which fee shall be paid into the treasury. Sec. 15. Be it further enacted, That the police force Mawhai-bti )f Wartburg shall consist of one Marshal, which shall be dutles' — 1110 — Chief, and as many policemen as the Board may di The Mayor has power to appoint special policemen eases of emergency. The Marshal, before entering u] the discharge of his duties, shall execute a bond in sum as the Board* of Mayor and Aldermen may diree and subscribe to an oath to faithfully discharge the duti of his office. The duties of Marshal and policemen shi be under the directions of the Mayor and in oonformil of the ordinance. They shall suppress all rights, di turbances, or breaches of the peace, apprehend any pe son in the act of committing any offense against the li of the State or the ordinances of the town, and at i times diligently, faithfully enforce said ordinances. An it is the duty of the Marshal and policemen to prosecd any person violating the same, and they are empowei to serve all process issued by or out of the City Court by any Justice of the Peace in criminal matters withi the limits of the city. The City Court will be convene within reasonable hours at any time for the purpose trying offenders. The powers of the Marshal shall tend for one mile beyond the city limits, and he sha confine any one arrested in the city calaboose when i his judgment it is necessary. It shall be the duty the Marshal to collect all taxes, fines, and penalties dn the city except privileges. Sec. 16. Be it further enacted, That the Board A"xe8meiltof Mayor and Aldermen shall have power and authority t levy taxes on all taxable property within the corportt limits upon polls and privileges, but the rate of proper* tax shall not exceed one per cent of the assessment. privilege tax shall not exceed that fixed by the State foi similar privileges. A poll tax shall not exceed two dol- lars for school purposes, and one dollar for road taxes; in lieu of a city assessment, it shall be the duty of tba Recorder to copy into a well-bound book each assessment made for State and county purposes of all property with* in the corporate limits and certify the same to the Mar- shal, which shall be the city assessment. All taxes shall be due and payable to the Marshal on the first Monday of September in each year, and shall become delinquent on the first day of December in each year. The Marshal shall then return the tax books to the Recorder, together with his oath that the same shows correctly all taxes col- lected by him and all taxes uncollected and owing to the corporation, the names of persons, description of prop- — liii — ty, and amounts in both instances. The corporation is ithorized and empowered in the collection of delinquent xes in addition to the means herein specified. All ose remedies afforded by a law for the collection of Jinquent taxes due the State and county. Sec. 17.* Be it further enacted, That the Board of iyor and- Aldermen are clothed with the power to fix ,e salary of all the officers provided for under this Act ; rovided, the Board of Mayor and Aldermen shall re- ive not exceeding two dollars each for each meeting of e Board. Sec. 18. Be it further enacted, That the Mayor shall ive power to employ a counsel in behalf of said corpora- Mi upon the advice of the Board in any case in which id corporation may be interested, or whenever,, in the idgment of the Mayor, the same may be necessary. Sec. 19. Be it further enacted, That this Act shall be operative, null, and void until the sarnie has been rati- ch*rt«r to be kl by a majority vote of the qualified voters of the ritrati ed- id Town of Wartburg, which shall be submitted to them t adoption or rejection on Saturday, May 6, 1905. Said ection shall be called and held by the Election Commis- oners of Morgan County, and those favoring the cor- >ration shall have printed upon their tickets "For the Tporation," and those opposing the corporation shall ive upon their tickets "Against the corporation," Sec. 20. Be it further enacted, That this Act take Feet from and after its passage, the public welfare re- aring it. Passed April 7, 1905. E.RICE, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved April 12, 1905. JOHN I. COX, Governor. — ma — CHAPTER 502. Senate Biix No. 630. AN ACT to amend an Act entitled "An Act to authorise the catching of fish in Nolachuckey River, in Greene County, br means of trap/' being Chapter 212, of the Acta of 190L Section 1. Be it enacted by the General Assembly ef the State of Tennessee, That Section 1, of Chapter 213, Acts of 1901, be amended by striking out the words uvd\ Provided further, that no one shall catch fish by means d traps between the fifteenth day of March and the firef day of June of each year; and it shall be the duty of each person owning or controlling traps to remove tte slats during such prohibited season, and during such time as they may not desire to. take fish therefrom." Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 17, 1905. E. RICE, Speaker of the Senate. W. K ABEKNATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHN I. COX, Governor- — 1118 — CHAPTER 503. Senate Bill No. 455. . BILL to be entitled An Act to redlstrlct the County of Hick- man, State of Tennessee, into eight Civil Districts, instead of fifteen Civil Districts as now existing, and to define and pre- scribe boundaries of such Civil Districts, and to prescribe the time of electing Justices of the Peace and Constables for said districts, and to repeal all laws and parts of laws in conflict with this Act. Section 1. Be it enacted by the General Assembly of he State of Tennessee, That the County of Hickman in his State shall hereafter consist and be composed of light Civil Districts instead of fifteen Civil Districts, is now constituted. Sec. 2. Be it further enacted, That said eight Civil Districts are established and . constituted and embrace ihe territory or portions of said county described as fol- 0wb: Civil District No. 1 shall embrace, comprise, and in- fade the territory as now established and existing. Civil District No. 2 shall embrace, comprise, and in* slnde the territory in Civil Districts Nos. 2 and 14, as low established and existing. Civil District No. 3 shall embrace, comprise, and in- clude the territory in Civil Districts Nos. 3 and 15, as low established and existing. Civil District No. 4 shall embrace, comprise, and in- clude the territory in Civil Districts Nos. 4 and 13, as now established and existing. Civil District No. 5 shall embrace, comprise, and in- clude the territory in Civil Districts Nos. 5 and 6, as dow established and existing. Civil District No. 6 shall embrace, comprise, and in- clude the territory in Civil Districts Nos. 7 and 8, as now established and existing. Civil District No. 7 shall embrace, comprise, and in- clude the territory in Civil Districts Nos. 9 and 10, as now established and existing. — 1114- Civil District No. 8 shall embrace, comprise, and in- clude the territory in Civil Districts Nos. 11 and 12, as now established and existing. Sec. 3. Be it further enacted, That the voting pre- cincts of said county shall remain as heretofore estab- lished, unless changed as otherwise provided for by the County Court of said county. Sec. 4. Be it further enacted, That the County Court County court °* Hickman County, in quarterly session, may alter or S*!^?*6 change the lines of the Civil Districts of said countv 30 district lines. «* ,_ . -,.. # • i i- ? as to suit the convenience of the citizens of said districts; but no Civil District in excess of the eight districts here- by established shall be created out of any of the territory of said county, unless authorized by an Act of the General Assembly of the State of Tennessee. Sec. 5. Be it further enacted, That there shall be elected by the qualified voters thereof in each of the said eight Civil Districts on the first Thursday in August 1906, two Justices of the Peace and one Constable, ex- cept in Civil District No. 1 there shall be elected three Justices of the Peace and two Constables. Sec. 6. Be it further enacted, That the present lim- its of the School Districts of said county shall not be changed by the provisions of this Act Sec. 7. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed; and that this Act take effect from and after the 1st day of August, 1906. Passed April 17, 1905. E. KICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHN I. COX, Governor. — 1115 ■rn- County. CHAPTER 504. Senate Bill No. 634. ACT ACT to fix and define and establish a lawful fence in coun- ties in this State having a population of not less than 60,000 nor more than 72,000 inhabitants, according to the Federal Census of 1900, or that may have by any subsequent Federal Census, except in incorporated towns and cities, and to re- peal all laws and parts of laws in conflict with the provisions of this Act, and especially to repeal Section 2983, of Shan- non's Compilation of the Laws of Tennessee, authorizing County Courts in this State to adopt a lawful standard fence, in so far as said section affects counties falling within the provisions of this Act. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That in all counties in this State T^et£m£ having a population of nof less than sixty thousand (60,- nton ooum OOO) nor more than seventy-two thousand (72,000) in- habitants by the Federal . Census of 1900 or any future Federal Census, except in incorporated towns and cities, the following shall be a lawful fence : First — A substantial stone fence or wall three and one- half feet high. Second — A good, substantial straight rail fence not less than four feet high, constructed with substantial posts or stakes set firmly in the ground. Third — A common worm or crooked rail fence not less than four and one-half feet high. Fourth — Every bank used as a fence or part of a fence equivalent as an obstruction to stock to either of the three classes of fence above named. Fifth — A fence consisting of four strands of barbed wire, running horizontally and fastened firmly to good- sized, substantial posts set firmly in the ground, riot more than nine feet apart, the first strand of wire to be twelve 'inches from the ground, and the second, third, and fourth respectively twelve inches from the other. A plank not less than five inches in width and seven-eighths of an inch in thickness may be substituted for any one or more of said strands of wire. Sixth — A fence consisting of four smooth wires, not smaller than number ten, fastened firmly to good-sized, — 1116 — substantial posts set firmly in the ground, and not mote than eight feet apart Said wires shall run horizontal^, the first to be twelve inches from the ground, and the sec- ond, third, and fourth each respectively twelve inches from the other. Seventh — A field standard woven wire fence, manufie- tured by the various manufacturers of the United States, not less than forty-seven inches high. Sec. 2. Be it further enacted, That the owners of lro stock trespassing upon and damaging the crop, lands, or other property of persons within counties within this State falling within the provisions of this Act, whose lands are inclosed with any fence designated in Section 1 of this Act, shall be liable for all damages done by said live stock, and the party damaged shall have a lien oe the animal or animals committing the trespass and doio; the damage, which may be enforced at any time within three months either by attachment or judgment and exe» cution before any court having jurisdiction of the amount Sec. 3. Be it further enacted, That all laws and para of laws in conflict with the provisions of this Act be, and the same are hereby, repeated, it being the intention and purpose of this Act to incorporate herein all laws fixing and defining and establishing a lawful fence ii counties falling within the provisions of this Act, and especially that Section 2983 of Shannon's Compilation of the Laws of Tennessee, authorizing County Courts in this State to adopt a lawful fence, be, and the same is hereby, repealed, in so far as it applies to counties falling within the provisions of this Act. Passed April 15, 1905. E. RICE, Speaker of the Senate. W. K. ABERXATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHN I. COX, Governor.' — 1117 — CHAPTER 505. Senate Bill No. 690. INT ACT to change the line between the Counties of Jackson and Smith. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the line between the Counties of Jackson and Smith be, and the same is hereby, changed bo as to detach the lands of Elisha Canter from Jackson and attach the same to Smith County; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 15, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHN I. COX, Governor. CHAPTER 506. Senate Bill No. 489. A BILL to be entitled An Act to authorize counties and incor- porated cities and towns to refund outstanding bonds. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That any county or incorporated city or town of this State may from time to time, and for the purpose of refunding any outstanding bonds issued by such county or incorporated city or town, and which has been determined a legal add valid indebtedness by the — 1118 -r- passage of a formal resolution by the County Court of the county or by the corporate body having authority to enact laws in the case of any incorporated city or town, issue other bonds in the stead and place thereof; Provided, that authority to do so shall be formally conferred upon the proper county or corporate officers, as the case may be, by resolution duly passed by the County Court of the county, or in the case of an incorporated city or town by the corporate body having authority to enact laws there- for, which resolution shall state the amount of the existing indebtedness to be refunded, the aggregate amount of bonds to be issued therefor, their number and denomina- tion, date of maturity, rate of interest they shall bear, and the place of payment of principal and interest ; and Provided further, that the rate of interest which said new issue shall bear shall not be in excess of that of the out- standing bonds, which are to be replaced by such new issue ; and Provided further, that said new issue shall take effect only on retirement of the outstanding bonds, and shall run for a period not exceeding thirty years from date of issue, and shall not be issued for less than their par value ; and Provided further, that said new issue shall recite on their face that they are refunding bonds, and shall not be issued excepting for the purpose of retiring or in substitution for such outstanding bonds. Sec. 2. Be it further enacted, That the refunding bonds authorized by this Act, and when issued in accord- ance with its terms, may be exchanged with the holder or holders of the outstanding bonds, which they are issued to replace, in amounts not exceeding the face value of the outstanding bonds ; Provided, such holder or holders shall consent to make such exchange. Sec. 3. Be it further enacted, That this Act shall take effect from and after its passage, the public welfare re- quiring it. Passed April 15, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHN L COX, Governor. — 1119 CHAPTER 507. Senate Bill No. 685. N ACT to authorize the County Court of Hamilton County to issue bonds for the purpose of aiding School Districts in buy- ing school sites and the erection of school buildings thereon. Skction 1. Be it enacted by the General Assembly of he State of Tennessee, That the County Court of Hamil- ^£4$ on County be, and it is hereby, authorized and empow- °°ndi. ared to issue the bonds of said county to be known as 'The schoolhouse bonds of Hamilton County." The -whole unount of said bonds not to exceed the sum of seventy- Bve thousand ($75,000) dollars, the proceeds of which shall be used exclusively for the purpose of purchasing school sites and the erection of school buildings in said county. Sec. 2. Be it further enacted, That the bonds herein provided for shall bear interest at the rate of five per cent per annum, said interest payable annually, and said bonds shall be payable in twenty years from date thereof, but may be redeemed at any time after ten years by order of said Quarterly Court, and there shall be attached to each of said bonds coupons for each installment of in- terest thereon maturing at the proper date and bearing the number of the bond to which it is attached. Sec. 3. Be it further enacted, That each bond shall be signed by the Judge of the County Court and counter- ^^J^11011' signed by the County Court Clerk, with his official seal «i*ned, etc affixed thereto, and the coupons attached to each bond shall be signed by said Judge and Clerk without the Clerk's official seal. Said bonds may be in the denomination of one hundred ($100) dollars, fivg hundred ($500) dollars, and one thousand ($1,000) dollars, and the bonds of each denomination shall be numbered in the order of their issuance, beginning with one. Said bonds shall not be sold below par. Sec. 4. Be it further enacted, That it shall be the IriUre§t mnd dirty of the Quarterly Court of said county annually to "inking fund kvy a tax on the taxable property and polls of said county — 1120 — and on privileges for the purpose of paying the annual interest on said bonds, and also for the purpose of creating a sinking fund for the redemption of said bonds, and the county shall keep in a well-bound book a record of the number and denomination of all bonds issued, and also of all bonds redeemed or paid. Sec. 5. Be it further enacted, That before the expi- Bedemption-r rati°n °f ten years from the issuance of said bonds the when nd Trustee may redeem any of said bonds pre.sented for re- demption out of any moneys that may be in his hands derived from said sinking fund tax or may receive said bonds in payment of said sinking fund tax ; and after the expiration of said ten years it shall be the duty of the Trustee to call for such an amount of said bonds as the sinking fund in his hands will redeem, calling for them by numbers, commencing with the lowest number and re- deeming them in the order in which they were issued of such as are outstanding, and for this purpose he shall have access to the Judge's books in which said bonds are numbered. Sec. 6. Be it further enacted, That the call as pro- cwiforredemp- vided in Section 5 of this Act shall be made on the order interest1* of the Judge of the County Court by public advertising, published in any newspaper in said county setting out the number and denomination of said bonds so called for, or by notifying the holders of said bonds where their names and addresses are known, and such bonds not being pre- sented for payment at the expiration of thirty days from the last advertisement, the interest thereon shall cease from that date; and should the bonds so called for be withheld, then shall the Trustee in like manner call for other bonds in regular order until the amount required be presented for redemption, and when any such bonds are redeemed as herein set out, the Trustee shall upon settle- ment with the Judge of the County Court have credit therefor on account of the sinking fund tax; and after they have been entered on the Judge's books, said bonds shall be defaced by stamping or writing across the f aoe of the same the date when they were counted for settle- ment, and the same filed away with the coupons thereon and theretofore redeemed as part of the records of the Judge's office, ootea.eto. Sec. 7. Be it further enacted9 That said schoolhouse bonds aforesaid shall only be given to such School Dis- tricts in the county as may need the same and apply for — 1121-^ hem for the purpose of buying sites and building school- Louses, upon the Directors of said School District making i satisfactory contract with the county to pay the interest >n said bonds and liquidate the same, as they become due, tut of the school fund hereafter accruing. Sec. 8. Be it further enacted, That no bonds shall Bsue until a demand is made for them and a contract xiade as aforesaid for payment of interest and bonds. All lemands for bonds to be made within twelve months from passage of this Act. Sec. 9. Be it further enacted, That the county is rested with discretionary power as to the issuance of said bonds, how much to each School District, and the terms and conditions upon which they are given to said School Districts, it being the intention to make the constantly in- creasing school fund come into said districts in succeed- ing years pay the principal and interest of said bonds. Passed April 15, 1905. E. EICE, Speaker of the Senate. W. K ABEKNATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHN I. COX, Governor. OHAPTEK 508. Senate Bill No. 485. AN ACT to amend Chapter 45, of the Acts of 1897, entitled "An Act to prevent the adulteration and misbranding of food and drink, and the deception in the sale of the same in Tennessee, and to fix the penalty for the violation of this Act." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 45, of the Acts of 1897, entitled "An Act to prevent the adulteration and misbranding of food and drink, and the deception in the sale of the same in Tennessee, and to fix the penalty for 71 CHAPTER 509. House Bill Xo. 936. AN ACT to appropriate money out of the State Treasury for the purpose of defraying the expenses of the Fifty-fourth Gen- eral Assembly and miscellaneous and other expenses. Section 1. Be it enacted by the General Assembly of the State of Tennessee^ That the appropriations herein- after set out are hereby made for the purpose of defraying the expenses of the Fifty-fourth General Assembly and miscellaneous and other expenses, which appropriations shall be paid out of the State Treasury on the warrant of the Comptroller. nnpuoiier ^he Comptroller is hereby expressly forbidden to draw not to dr»w hi8 warrant on the Treasurer for any amount over and pay the amount appropriated for any particular purpose, and he is also forbidden to draw his warrant for any amount warrant — when. — 1192 — the violation of this Act," be, and the same is hereby, amended by striking out in lines 12, 13, 14, 15, and If in the second section of said Act, the following: "And it shall be the duty of the State Board of Health to see tint the provisions of this Act are fully carried out witbont any additional appropriations, nor is this Act intended Id create any office or allow compensation to any person or persons." Sec. 2. Be it further enacted, That all Acts or parts of Acts in conflict with this Act be, and the same are here- by, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it Passed April 15, 1905. E. RICE, Speaker of the Sendt, W. K ABERNATHY, Speaker of the House of RepresentatvM- Approved April 17, 1905. JOHN I. COX, Governor. — 1123 — for any purpose for which an appropriation has not been made, either in this Act or by law. The Treasurer is hereby forbidden to pay any warrant 3f the Comptroller unless money has been appropriated by this Act or by law for that purpose, and he shall not permit any more money to be drawn from the Treasury than has been appropriated for any particular purpose. Legislative Expenses. Sec. 2. Be it further enacted, That the Comptroller is hereby directed to draw his warrant on the State Treas- urer in favor of each member of the Senate and House of Representatives, and each officer and employee of the Greneral Assembly, for per diem and mileage, as herein set out, as follows : Namss or Senators. & Sell, W. A Slake, Jno. B— _ lowden, G. E ferthel, J. T 5ate, Thos. L _ ?hase, W. J k>x, Jno. I. , Speaker to Mch. 27 )avis, Wm. I Sstes, J. H Swing, Albert G., Jr nippin, J. R Toust, J. L Jarrett, D. E Mil, W.E _.. lickerson, W. P lowae, Hillary E. retton, Jas. R _ Agon, L. A ftassey, Z. D Cay, James IftcKenzie, N. L__. If cLaurine, Ruf U9 H tfcMnrray, Jno. S - Pope, Theo. W lame, Gilbert D BUoe, Ernest, Speaker, 20 tetmbert, Fred L Swallows, W. S Tempieton , Jerome rollett,E.G 106 248 283 326 360 464 683* 642 373 F 16 96 39 68 45 28 52 16 57 60 74 24 109 36 102 72 59 68 464 302 60 400 162 74 24 48 32 9 60 64 00 25 92 60 9 60 132 21 12 494 79 04 444 71 04 236 37 76 168 26 88 75 15 20 312 49 92 464 74 24 375 60 00 180 30 08 206 32 72 436 69 76 262 41 92 75 75 75 75 75 75 55 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 34 75 75 75 75 75 9300 00 300 00 300 00 300 00 300 00 300 00 330 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 136 00 340 00 300 00 300 00 300 00 300 00 $316 96 &9 68 345 28 352 16 357 60 374 24 439 36 402 73 359 68 300 00 374 24 348 32 309 60 364 00 325 92 300 00 309 60 321 12 379 04 371 04 337 76 326 88 315 20 349 92 210 24 400 00 330 08 332 72 369 76 341 92 — 1124 — NAMES OF SENATORS— Continued. Naxbs of Skxators. s & I I Wickle, Douglas. Wilson, Joe A ___ Woodlee, Levi V_ 26 728 242 $ 4 16 116 48 38 72 Thomas, E. W., Chief Clerk.. Burke, E. H., Assistant Clerk LacefLeld, MissM., Eng. Clerk Barry, Miss Mary L., Assist- ant Engrossing Clerk Brewer, Kev. G. W., Chaplain, Nolan, Rev. T. W., Chaplain. Lewis, T. LM Serg't~at-Arxns. Taylor, G. W., Doorkeeper... Akin, J. T., Doorkeeper Balch, Wm. D., Jr., Page Clagett, Robert H., Page Gill, W. T.,Ch'n Enrolled Bills Pinker ton, Miss Nellie Ferguson, Miss Carter, Miss __. Bundle, Miss Fields, Miss Hayes, Miss - Gill,.Mrs 75 75 75 75 75 88 41 37* 37* 75 36 39 91 91 28 18 7 3* 3 3* 25 9300 00 300 00 300 00 450 00 450 00 528 00 246 00 150 00 150 00 300 00 144 00 156 00 318 50 318 50 250 00 168 00 108 00 42 00 21 00 18 00 21 00 150 00 NAMES OF REPRESENTATIVES. Names of Rbprbbbwtativbs. s 3 o d | 5 5? a «-■ O d 390 9 62 40 75 250 40 00 75 .692 110 72 75 420 67 20 75 335 53 60 75 164 26 24 75 464 74 24 75 526 84 16 75 300 48 00 75 230 36 80 75 464 74 24 75 672 107 52 75 464 74 24 75 330 52 80 75 568 90 88 75 430 68 80 75 S £ Abernathy, W. K., Speaker. Acree, L. G..._ Allen, James Anderson, L. E Baldridge, Jno. P Bean, J. J Benham, Albert Birdsong, A. S. J Blount, J. M Bohannon, L. D Boyle, Patrick Brooks, T. R Bell, John E Bryant, F. D Burnett, Jas. B Chandler, Hill.-_ _ 9450 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 — 1125 — REPRESENTATIVES— Continued. NAMU OF BIPM81BTATIT18. | s 6 1 3 at * O O *2 & Arson, T. Bun - 568 392 280 302 464 306 154 109 100 84 302 130 504 382 90 347 160 $ 90 88 62 72 44 80 48 32 74 24 48 96 24 64 17 44 16 00 13 44 48 32 20 80 80 64 61 12 14 40 55 52 25 60 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 75 S300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 300 00 9390 88 arter, H. E 362 72 heatham, J. B._ 344 80 leage, W. B 348 32 olliert Tbos. B ooper, S. C. 374 24 348 96 brn, Chas. H 324 62 othran, W. J._. __ -. 317 44 ox, J. M 316 00 rotzer, W. T 313 44 tammings, W, H ._-. , 348 32 tanningham, Jno. T.t Jr Hivis, C. B 320 80 380 64 teming, J. A Mckons, W. F Hxon, Carrie 361 12 314 40 355 52 hrrer, L -- 325 60 Eastman, C- Ij Brans, M. G 464 74 24 374 24 Pahey, Chas. P . . . i*aw, W. W 38 134 360 664 796 399 568 436 178 560 6 08 21 44 57 60 106 24 127 36 60 64 90 88 69 76 28 48 89 60 306 08 fuqua, J. Ben - kllaher, W. T 321 44 357 60 tardner, J. R 406 24 Hllis, W. T._ _ 427 36 lordon, T. C 360 64 Jamil ton, T«. W 390 88 369 76 larvill, Y. F 328 48 la worth, M licltman, Ijitton 389 60 Iil1*rd, A. W 324 236 600 190 125 254 200 765 444 112 116 58 765 264 436 292 64 134 314 306 51 84 37 76 96 00 30 40 20 00 40 64 32 00 122 40 71 04 17 92 18 56 9 28 122 40 42 24 69 76 46 72 10 24 21 44 50 24 48 96 351 84 tague, Jno. R 337 76 ling, J. N -. 396 00 330 40 'ingree, B. D ..... 320 00 [nowles, W. P - 340 64 Argent, Jno 332 00 Atture, W. E 422 40 pri«uoB. ited from in any manner or for any purpose expending any amount in excess of appropriations made by law to their institutions or officers, and any person or official so expending for any purpose any amount in excess of the appropriation made for his office or the institution with which he is connected shall be liable personally and upon his official bond for said amount to the State of Tennessee, and to the person also with whom the contract of expend- iture may be made, and notice is hereby given to all per- sons that the State of Tennessee, through its General As- sembly, will make no appropriation to any person who has made a contract of any sort with the head or other official of any department of any institution, or any public office in this State, after the appropriation to such institution or office is exhausted, and such person in such case shall look alone to the party individually for the fulfillment of any contract or expenditure so entered into or made. En»erg«My ^ec. *■ Be *' farther enacted, That the sum of seventy- rand, five thousand dollars be, and is hereby, appropriated out of moneys in the Treasury, not otherwise appropriated, to be used as an emergency fund in case of destruction by fire, storm, or otherwise of any buildings or appurtenances of any State charitable, eleemosynary, or educational institu- tion, the support and maintenance of which the Slate has undertaken ; Provided, that the Funding Board shall have the right to loan the said fund to some safe and solvent in- stitution for such time and on such terms as they think proper, but said fund shall always be subject to call in case of emergency. Said fund shall be drawn and used only by authority of the Governor, who shall use the — 1135 — money only for the purposes set out above; Provided, no part of this appropriation shall be withdrawn or used for repairs, other than to repair any loss caused by fire or storm. Sec. 7. Be it further enacted , That the Chief Clerk of senate chief the Senate be, and is hereby, authorized and directed to Ssuuiuto remain a sufficient time after the adjournment of the Gen- SHm.*"" eral Assembly to file properly the papers of the Senate with the Secretary of State, to copy the Journal for the public printer, read proof, superintend the printing of the same, and make the index to the printed Journal, and to make a final calendar, for which the sum of $2,000 is hereby appropriated for such service, and the Comptroller is authorized to issue his warrant on the State Treasurer for said sum in favor of said Clerk ; and that the Assistant Clerk shall remain and assist the Clerk in recopying the Senate Journal, and for such service he shall be allowed $1,000, and the Comptroller is hereby authorized to issue his warrant on the Treasurer for said amount when the work is completed. Sec. 8. Be it further enacted, That the Chief Clerk Chlefclerkof of the House be, and is hereby, authorized and directed to House and remain a sufficient time after the adjournment of the remainuter General Assembly to file away properly the bills and other **uionm papers of the House of Representatives with the Secretary of State, to copy the written Journal for the public prin- ter, read the proof, superintend the printing of the same, and make the index to the printed Journal, and to make a final calendar showing the final disposition of every bill introduced in the House, and those coming from the Sen- ate to the House, a copy of which shall be mailed to each member, for which services the sum of $2,000 is hereby appropriated, and the Comptroller is authorized to issue his warrant on the State Treasurer for said sum in favor of said Clerk; and that the Assistant Clerk shall remain and assist the Chief Clerk in the above work, and for such service he shall be given $1,000, and the Comptroller is authorized to draw his warrants in favor of said Clerk on the State Treasurer when the work is completed. Sec. 9. Be it further enacted, That the sum of two hundred ($200.-00) dollars be appropriated for the purpose °f preserving Confederate flag, said sum to be spent un- der direction of the Governor. — 1136 — Sec. 10. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare requir- ing it Passed April 15, 1905. W. K ABEKtf ATHY, Speaker of the Rouse of Representatives. E. RICE, Speaker of the Senate. Approved April 17, 1905. JOHN I. COX, Governor. CHAPTER 510. House Bill No. 578. AN ACT to authorise Cumberland County to issue $26,000 of its bonds for the purpose of enabling said county to pay for the erection of a courthouse. Amount, de- nomination, etc. How signed. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the County of Cumberland, through its Quarterly County Court, be, and is hereby, authorized to issue and sell negotiable, coupon bonds to an amount not exceeding twenty-five thousand ($25,000) dollars for the purpose of enabling said county to erect and pay for a courthouse to be built for said county at Cross- ville, Tennessee. Said bonds to be issued in denominations of not less than $500 each, and shall be payable on the first day of July, 1925, or at any time before that date and after the first day of July, 1915. Said bonds shall bear such rate of interest, not to exceed five per centum per annum, payable semi-annually, and shall not be sold for less than par. Sec. 2. Be it further enacted, That said bonds shall be signed by the Judge and countersigned.by the Clerk of said County Court, with official seal of said Clerk affixed thereto, and each denomination shall be numbered con- secutively in the order of issuance, beginning with "one." — 1137 — Sec. 3. Be it further enacted, That each of said bonds hall have coupons attached, one coupon for each semi- mmal installment of interest on said bond, with the date f the maturity of each coupon, which coupon shall be ttested by the signature of the Judge and Clerk, but with- out the official seal of the Clerk, and each of said coupons hall show upon its face the number and denomination of he bond to which it is attached. Sec. 4. Be it further enacted, That it shall be the Interegt and luty of the Quarterly County Court of said county an- sinking fund raally to levy a tax on the taxable property in said county :or the purpose of paying the semi-annual interest on said bonds, and sufficient in amount for the purpose of creating i sinking fund for the redemption of the bonds herein authorized when they fall due, or are called in, or re- deemed, as hereinafter provided, and to enable the County Court to know what amount of tax to levy for these pur- poses, the Judge of the County Court shall keep in a well-bound book a record of the number and denomina- tion of all bonds issued, to whom issued, also of all bonds redeemed or paid. Sec. 5. Be it further enacted, That the Trustee, or T£J** £ oo1- Tax Collector, shall collect and account for the taxes herein authorized, the same as he is required by law to collect and account for other taxes, and shall receive the same com- pensation as for collecting other county tax. And the Oounty Court may, when it thinks proper, require of such Trustee, or Tax Collector, to give an additional bond for the performance of his duties in collecting and accounting for said fund. Sec. 6. Be it further enacted. That before the ex- piration of ten years from the issuance of said bonds, the whenand" Trustee or Tax Collector may redeem any of said bonds how* presented for redemption, out of any money that may be m his hands derived from said sinking fund tax levied and collected under this Act, or may receive said bonds in payment of said sinking fund tax; and after the expira- tion of said ten years it shall be the duty of said Trustee to call for such an amount of said bonds as the sinking frind in his hands will redeem, calling for them by num- {>©*> commencing with the lowest number and redeem- ^g them in the order in which they were issued, of such as are outstanding; and for this purpose he shall have access to the Judge's book in which said bonds are num- bered. 72 — 1138 — can for re- Sec. 7. Be it further enacted, That the call, as pro- howmadeT vided f or in Section 6, of this Act, shall be made on order of the Judge of the County Court, by advertising the same in any newspaper published in said county, for thirty days, setting out the number and denomination of said bonds so called for; and such bonds not being presented for payment at the expiration of said thirty days, the interest thereon shall cease from that date, and the cou- pons not due thereon shall not thereafter be received for taxes nor be paid, but shall become void; and should the bonds so called for be withheld, then shall the Trus- tee in like manner call for other bonds, in regular order, until the amount required be presented for redemption; and when any such bonds are redeemed as herein set oat, the Trustee, or Tax Collector, shall, upon settlement with the Judge of the County Court, have credit therefor on ac- count of sinking fund tax, and after they have beea entered upon the Judge's book as aforesaid, said bonds shall be defaced by the said Judge, in presence of said Trustee, or Tax Collector, by stamping or writing across the face of the bond or bonds redeemed or paid the date when such bond was accounted for on settlement and ly stamping said bond with a machine which will perforate it with holes, and said bond or bonds so redeemed or paid shall be filed away with the coupons thereon and there- tofore redeemed or paid as a part of the records of said Judge's office,, by pasting them in consecutive order in a well-bound book kept for that purpose. Sec. 8. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 8, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 17, 1905. Speaker of the Senate. JOHN I. COX, Governor. — 1139 — CHAPTER 511. House Bill No. 534. kK ACT to authorize and empower Davidson County, through its Quarterly County Court, to appropriate certain funds for the purpose of having repaired and kept in repair certain turnpikes or turnpike roads, and to have said turnpikes or turnpike roads repaired and kept in repair by the turnpike Superintendent or turnpike Board. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Davidson County, one of , the counties in the State of Tennessee, through its Quarterly County Court, in quarterly or. special session assembled, be, and it is hereby, authorized and empowered to ap- propriate out of any funds and moneys levied for turnpike purposes, such sums as may be necessary for the purpose of having repaired and kept in repair and maintaining any turnpikes or turnpike roads within the said county, abandoned, surrendered, or given to it, or used by the traveling public, regardless of whether or not said turn- pikes or turnpike roads have been conveyed to said county by deed or otherwise, and said county is authorized and empowered to have said turnpikes or turnpike roads re- paired and kept in repair by and through the Superin- tendent of Turnpikes, or by the Turnpike Board of said county, in the same manner and under the same provisions of the law as the turnpikes held by said county under pur- chase and conveyance are maintained and kept in repair. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 17, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 17, 1905. Speaker of the Senate. JOHN I. COX, Governor. — 1140 — CHAPTER 512. House Bill No. 822. AN ACT authorising the issuing of charter for waterworks, gas plants, electric lighting plants, and water, gas, and electric power plants or system under one and the same charter of incorporation; and to prescribe provisions thereof, and to define the duties relating thereto, and to provide manner of raising money therefor; Provided, this provision of this Act shall apply only to counties having a population of not less than 15,402 and not exceeding 15,450, according to the Fed- eral Census of 1900, or any subsequent Federal Census. Section 1. Be it enacted by the General Assembly of ThiiActap- the State of Tennessee, That all persons, firms, partner- wnoe'counTy ships, copartnerships, and all chartered corporations, within towns, cities, or villages in this State, with a popu- lation of not more than five thousand (5,000) inhabitants according to and computed by Federal Census of 1900, and any subsequent Federal Census, may operate under one and the same management, and may take out charter of incorporation under the provisions of this Act, to ac- quire both real and personal property for the purpose of constructing, putting in operating, equipping, and main- taining a system of waterworks and electric lighting plant and gas works under one and the same charter, grant, or privilege, of incorporation, authorized by this Act, and under the grant and the provisions and restrictions of this Act, authority is given whereby any persons, firms, part- nerships, copartnerships, and chartered corporations may obtain a charter of incorporation as one charter, grant, or privilege of incorporation under this Act, and may organ- ize a company or corporation and operate under the same to acquire both real and personal property for the purpose of constructing, operating, putting in, equipping, and maintaining, and may put in, build or erect, a system of waterworks and a system of water power company, and an electric lighting plant, and electric power plant, and a gas plant, or gas works, for the purpose of manufacturing and making gas, electricity, and furnishing water, gas, and electricity for all purposes to the said cities, towns, or villages, of the inhabitants thereof, and to firms, partner- — 1141 — liips, and corporations as well as to individuals thereof inxdi to all individuals, firms, corporations, partnerships, tnd copartnerships, beyond the limits of said towns, titles, or villages under contract ; Provided, however, that >ut one charter of incorporation under this Act shall be granted to the same parties whereby they may operate *t more than one place at one time an electric light, water- works, or gas plant or system; Provided further, that nothing in this Act shall be construed as an inhibition to the taking out of a separate charter for any of the pur- poses herein expressed under provisions made and hereto- fore provided by law. Sec. 2. Be it further enacted, That the general pow- ers of any corporation created by charter under this Act shall be : 1. To sue and be sued by the corporate name. 2. To have and use a common seal, which it may alter at pleasure; if no common seal, then the signing of the name of the corporation, by its duly authorized officer, shall legally be binding. 3. To purchase and hold or receive by gift, in addition to the personal property of the said corporation, any real estate necessary for the transaction of the corporate busi- ness, or to lease the same, and also to purchase or accept any real estate in payment or part payment of any debt due to the corporation, and to sell realty for corporate pnrposes. 4. To establish by-laws, or make all rules and regula- tions not inconsistent with the law and the Constitution of Tennessee, deemed expedient for the management of cor- porate affairs. 5. To appoint such subordinate officers and agents in ad- dition to the President, Secretary, and Treasurer as the business of the corporation may require. 6. To designate the name of the office and fix the com- pensation of the officers. 7. To borrow money, and issue notes, or bonds, upon the faith of the corporate property, and also to execute a mort- gage or mortgages as further security of money borrowed. 8. To issue bonds under provisions hereof, and to mar- ket the same as said corporation may see proper. Sec. 3. Be it further enacted, That the following pro- visions and restrictions are coupled with said grant of powers as are by this Act conferred and set forth : — 1142 — 1. A failure to elect officers at proper time does not dissolve the corporation, but those in office hold until tta election or appointment and qualification of their si cessors. 2. The term of officers may be fixed by the laws of tfca corporation; the same not, however, to exceed two years; and the manner of election of said officers may be fixed by the laws of the corporation; Provided, however, the said manner of electing said officers shall not be contrary to manner by law prescribed for electing said officers nor any provisions in this Act made. 3. The corporation may, by by-laws, make regulations concerning the subscription for or transfer of stock; fix Upon the amount of capital to be invested in the corpora- tion; the division of the same into shares, and the time required for payment thereof by the subscribers of stock, the amount to be called at any one time, and in case of failure of any stockholder to pay amount thus subscribed by him at the time and in the amounts thus called for, a right of action shall exist in the corporation to sue said de- faulting stockholder. for same. 4. The Board of Directors which may consist of five or more members at the option of the corporation, to be elected either in person or by proxy, by a majority of votes cast, each share representing one vote, who shall keep a full and true record of all proceedings, and an annual statement of receipts and disbursements shall be copied on the minutes, subject at all times to the inspection of stockholders. 5. A majority of the Board of Directors shall constitute a quorum, and shall fill all vacant places until the next election. The first Board of Directors shall consist of five or more corporators, who shall apply for or obtain the charter. 6. The books of the corporation shall show the original or subsequent stockholders, their respective interest, what has been paid on the shares subscribed, the transfer of stock, by and to whom made, also other transactions in which it is presumed a stockholder or a bondholder or t creditor may have an interest 7. An amount of unpaid stock due from a subscriber to the corporation shall be a fund for the payment of any debt due from the corporation; the transfer of any stock by subscriber does not relieve him from payment unless his — 1143 — ransferee has paid tip all or any of the balance due on taid original subscription. 8. By no implication or construction shall the corpora- ion be deemed to possess any powers except in this Act granted, or are necessarily implied from the nature of the msiness for which the charter is granted. 9. The right is reserved to repeal or nullify all charters granted under this Act But if any charter hereunder granted is annulled, the then acting Directors, or such parties that a court of competent jurisdiction shall desig- nate, are constituted Trustees of said corporation to wind up its business, but are not to enter upon any new business. Aaiy stockholder at any time may withdraw, and on with- drawal the said stockholder to be paid then the market value of his stock, and this withdrawal applies to all stock- holders alike, whether they be under disability or not at time of withdrawal. 10. Persons acting as a corporation under the provisions of this Act will be presumed to be legally corporated until the contrary is shown, and no such franchise shall be de- clared actually annulled or forfeited except in a regular proceeding brought for that purpose. 11- No body of men acting as a corporation under the provisions of this Act shall be permitted to set up a want of legal organization as a defense to any action against them as a corporation, nor shall any person sued on a con- tract made with such corporation, or sued for an injury to its property, or a wrong done to its interest, be permitted to set up a want of such legal organization in his or their defense. 12. Copies of the several articles of incorporation filed and registered in the county wherein said corporation purposes to operate, made and certified to by Kegister of said county to be true copies from his office, are receivable in evidence in any proceeding for or against such corpora- tions formed under this Act. The stocks in all private corporations formed under this Act, or heretofore created, or to be hereafter created, are personal property and sub- ject to levy and sale as such, and proper entries are to be made on said company's stock or transfer books, but such Bale will not relieve the stockholder from liability which has attached to him as such previous to sale, neither will a voluntary sale. 14. The division of the funds of the corporation to other objects to those mentioned in the incorporation, and — 1144 — the making of false reports whereby any one is injured, and the payment of dividends which leave insaSdeat funds to meet the liabilities of the corporation, the keep- ing of false books, or accounts whereby any one is injured and the publishing of false reports are such frauds as will subject those actually concerned therein to the penalties of a misdemeanor, and, moreover, to damages at the soft of any person injured thereby, and the Directors ahiB likewise be liable if the same is done with their consent 15. Whenever powers, franchises, and privileges, hire been granted to the corporation under this Act, and the* are not used, or are not leased to others in whole or part, such corporation shall not be dissolved unless all the cor- porate property has been appropriated to the payment of its debts, and such corporations that shall expire by their own termination or are annulled by forfeiture, or are dis- solved by any other cause, exist as a body corporate for five years to wind up tfte corporate business, and the then acting Directors shall have full authority to sue, collect, and pay out, sell, transfer, all property and do all things necessary to wind up said corporation, and any applica- tion to a Chancellor, setting out merit, for winding up said corporate business by the Directors may exceed five years if so decreed by the court, and like provision extends to any Trustees appointed by the court, or otherwise, whenever said other Trustees are acting in the stead and place of said Directors or company or Trustees, and all lawfully appointed Trustees by a competent court shall have precedence of the Directors or Trustees of the com- pany. Sec. 4. Be it further enacted. That any corporation Combined chartered and organized under this Act be, and the same purpolei11 are hereby, authorized to furnish to all persons, firms, partnerships, or copartnerships, corporations, and cities and towns, and villages, gas, electricity, and water for heating and lighting and power purposes, and for all other purposes that water, electricity, and gas are now used, or may be desired to be used, or may hereafter be used that come within the provisions of this Act Sec. 5. Be it further enacted, That any corporation created under this Act may make its shares of stock for not less than $25 nor more than $100 for each share, as said corporation, by its by-laws, may determine ; and when the amount of shares per share have been voted and de- termined by said corporation, said corporation may issue — 1U5 — its certificate of stock therefor; said certificate of stock lo be signed by President of said corporation, and coun- tersigned by its Secretary. Sbc. 6. Be it further enacted, That said corporation ^J£J!£Ion to when chartered 'and organized, in addition to mode of rais- money— how. ing money for corporate purposes by subscription of stock, cnay negotiate, loan, and borrow money for corporate pur- poses on faith of corporate property, for which sums said corporation may execute its note or notes, in the manner prescribed for signatures in Section 5 of this Act through its officers therein named, and may also mortgage its cor- porate property, rights, privileges, and franchises for the purpose of securing the same. Sec. 7. Be it further enacted, That corporations, MJJ,5Bue when chartered and organized under this Act, are hereby authorized and empowered in their corporate capacity to issue the negotiable bonds of said corporation, signed by the President of same and countersigned by the Secretary of said corporation, with interest coupons attached, which shall be signed by the Treasurer of the said corporation, to an amount not exceeding fifty thousand ($50,000) dol- lars. Sec. 8. Be it further enacted^ That the bonds herein provided for shall be executed of a denomination of not less than $100 nor more than $1,000 each, the exact amount of any one bond hereby authorized to be issued of and within said stated amounts to be determined by the by-laws of said corporation organized and chartered under this Act, and said bonds shall mature at such time from ten to fifty years from their date, and bear such rate of in- terest (not exceeding 6 per cent per annum), payable semi-annually, as may be fixed by the by-laws of a corpora- tion chartered and organized under this Act. Sec. 9. Be it further enacted, That said bonds shall be exclusive for borrowing money for the purpose of de- fraying the expenses of putting in, erecting, operating, maintaining, constructing, and repairing when put in the system of waterworks or water power and the system of gas works, or gas plants, and a system of an electric lighting plant, or electric power plant, and for the additional pur- poses of acquiring any personal property and any real estate and any waterways or rights thereof by purchase, lease, or otherwise, that may be deemed necessary for said corporation through a majority of its Board of Directors — 1146 — to acquire, to put in, construct, operate, and use and own, or acquire for corporate purposes in behalf of corporation in this Act provided for, that may be necessary as an ini- tiatory step to the putting in of said plants as herein pro* vided for, or that may become necessary for any purposes of same after the same have been constructed during the life of the respective charters that may be under this Act granted. It is the purpose of this provision to enable the incorporators to raise money in the manner herein provided, to acquire property and construct and operate and maintain, and pay all expenses thereof, aforesaid system or plants under the charter rights as herein set forth. Sec. 10. Be it further enacted, That bonds issued under the provisions of this Act shall not be sold at a less sum than the sum specified in the by-laws of any corporation chartered and organized under the provisions of this Act Sec. 11. Be it further enacted, That the form of the charter for a gas, waterworks, and an electric lighting plant and water company and electric power and water power company chartered under this Act shall be as fol- lows : State of Tennessee — Charter of Incorporation. Be ii charter. known, that (herein insert the names of five or more citi- zens not under the age of twenty-one years) are hereby constituted a body politic and corporate by the name and style of (herein insert the name of the corporation) for the purpose of establishing, and constructing, and operat- ing waterworks, gas works, electric lighting works, or plants, for the purpose of manufacturing electricity for lights, and heat and power, and furnishing electric motive power, electrotyping, heating houses, and for manufac- turing electricity for telephoning purposes, and for man- ufacturing gas, and furnishing gas for all purposes gas is used for, or for which either gas and electricity may hereafter be used, and it shall be the duty and business of said company and corporation to build waterworks, and put in machinery, and lay pipes, aqueducts, and con- ductors, and to put in gas plants, and put in machinery with all necessary equipments, and to build electric light- ing or power plants and machinery, with all necessary equipments, in or adjacent to said city, town, or village, and to furnish said town, cities, or villages, and inhabit- ants thereof, and all others who may contract therefor, witf a plentiful supply of water, gas, and electricity for all Form of — 1H7 — rarpoees in this Act provided, and for all purposes for rhich water, gas, and electricity are now, or hereafter nay be used; and for these purposes said company is lereby authorized and empowered and invested with the privilege to acquire the right, and to erect dams across ion-navigable streams, to lay pipes and to extend acque- lucts and conductors, erect poles, extend wires, either ibove or under ground, and to put in all other equipages lecessary across all waterways and through all or any of he streets, lanes, alleys, or public squares of said cities, owns, or villages, and to supply said towns, cities, and tillages, and inhabitants thereof, and others who may xmtract therefor, with water, gas, and electricity by public rorks for the purposes of heat, light, and power, and all rthcr purposes to which gas, electricity, and water may be rat, used, or demanded, and to take up all pavements and walkways for said purposes after permission granted by >roper authorities, to be repaired by company at its own sost, as before taken up (here insert the general powers of taid corporation as set out in this Act). Sec. 12. Be it further enacted, That for the purpose Ag to Uylng )f laying down pipes, aqueducts, and conductors said p1**1- jompany or corporation may take up the pavements or ridewalks upon streets, alleys, and public square of said aty, town, or village, after permission has been first ob- tained from the city, town, or village where said company is operating, from the authorities who are vested with the power to grant the same; Provided, that walks shall be taken up in such manner as to give the least inconvenience to the inhabitants of said city, town, or village, and that the same shall be replaced with all convenient speed by and at the expense of said company in as substantial a manner as found before taking up. Sec. 13. Be it further enacted, That to enable said company to establish its gas works or plants, said company 0oBtMltof, or corporation is hereby authorized and empowered to lay ggg^'bld down pipes and extend conductors as provided in the preceding section ; Provided, however, that no one of the alleys or streets of said city, town, or village, shall be en- tered upon or used by said company for laying pipes and conductors or otherwise until the consent of the authori- ties shall have been first obtained and an ordinance shall have been passed prescribing the terms on which the same may be done, and this proviso shall be inserted and engrafted upon the charter granted under this Act. — 1150 — Bo* gpev appon MetnsofooD- Sec. 18. Be it further enacted, That said company ▼eying water, ^w j^^ t^e jK)wer an(j jg hereDy authorized to bring into the said town, said city, or village, a sufficient snpply of wated by means of pipes, tanks, or in any other way, and to construct reservoirs for the reception thereof, and to supply with water the said towns, cities, or villages and the inhabitants thereof, and any others who may contract therefor; and of erecting hydrants and fire plugs within said town, city, or village, and to contract with said in- habitants and with said corporate authorities of said town, city, or village, or any firm, or partnership, or any in- • corporated companies, for the use of said water, and charge such price for the same as may be agreed upon be- tween said company and said parties and consumers, sub- ject to all such reasonable rules and regulations respecting use and waste of said water as the Directors of said com- pany may from time to time prescribe, and to enable the company to establish such works, it is authorized and em- powered to lay down pipes, through the streets, lanes, and alleys, and public highways of said towns, cities, or vil- lages, or counties, in such manner as to produce the least possible inconvenience to the towns, cities, or villages, or their inhabitants, or to travelers, and to take up pave- tbents and sidewalks, but in all cases under this Act, where poin^comes necessary to take up pavements and sidewalks seven ke extravasation or to interfere with public high- said tov roads, the same shall be repaired as speedily as from the and left in as good a condition as they were chosen, aft report with Be it further enacted, That said corporation stating therei shall put in and operate their works under ply shall be o?d, and manage the same so that no annoy- members compoe therefrom to the health and comfort of town, city, or v*aid town, city, or village, and nothing conclusive as too construed to desolve the company, its supply, and this Jrom any legal proceedings to restrain or bountiful supply e arising from the operation of the plant Sec. 16. Be .r. or corporations oif further enacted, That if any person or suted and by this Act are or destroy any of the property be- thority of erectipmpany, or shall willfully open up any repairing, and mto the streets or otherwise of any of the trie lighting wonpany whereby water may escape there- manufacturing et on any water after it has been stopped town, citiep ~iiy, such person or persons shall be liable for Report of ins nspectors. General pur- poses and powers again. — 1151 — 11 damages sustained by such proceedings, and also to a analty, not exceeding $500, npon a conviction before a >urt having competent jurisdiction, but nothing in this revision shall be construed to interfere with contrac- onal rights of any one with said company, and if any erson or persons without license shall use any of the rater of said company for any purpose whatever with- ut previously contracting therefor with said company, aid person or persons shall forfeit and pay to said com- >any the sum of $50, to be recovered before any Justice f the Peace in the same manner as other debts are col- ected by law; Provided, that nothing in this Act any- where contained shall prevent any one from obtaining and wing water obtained in any other way than through said »mpany, or of compelling any one to patronize said com- pany in any particular for anything, or of interfering Kdth any one from doing anything that said company may be engaged in under the law and complying therewith. Sec. 21. Be it further enacted, That no charter of in- Augoggrto be corporation shall be granted under this Act until after before char- leave to operate under the same shall have been first had r"*""1* and obtained from the corporate authorities of the said town, city, or village in which it is proposed to operate such waterworks, electric lighting plant, and gas works or power plants, and such leave shall be certified by the Mayor or Recorder upon the application and registered with it. And this is in no way to interfere with or impair the police or-general powers of the corporate authorities of said town, city, or village, and such corporate authorities shall have power by ordinance to regulate the price of water, gas, and electric lights and power supplies fur- nished by said company or corporation. Sec. 22. Be it further enacted, That said company or corporation shall have a President and a Secretary and a Treasurer and a Board of Directors, and such other offi- cers as it may prescribe by its by-laws. Sec. 23. Be it further enacted, That all powers, privi- leges, and authority now by law conferred upon water- works companies, electric lighting companies, gas works companies, and water or electric power companies, and - electric lighting, heating, and power companies, and re- striction touching same, not inconsistent with the provi- sions in this Act contained, and that are applicable to companies or corporations organized or chartered under — 1152 — this Act, are applicable to all corporations created and AmS£c££iy chartered by and under this Act; Provided, that the pro- ooiy- visions of this Act shall apply only to counties haying a population of not less than 15,402 and not exceeding 15,450, according to the Federal Census of 1900, or any subsequent Federal Census. Sec. 24. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Sec. 25. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare requir- ing it. Passed April 15, 1905. W. K. ABERXATHY, Speaker of the House of Representative*. E. RICE, Approved April 17, 1905. Speaker of the Senate JOHN I. COX, Governor. CHAPTER 513. House Bill No. 695. AN ACT to provide for the just and equitable assessment of interurban railroad and street railroad properties for State, county, and municipal taxation, and for the collection of taxes assessed and imposed thereon. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the State Tax Assessors, cre- ated by Chapter 5, of the Acts of the General Assembly of 1897, shall have, and are hereby given, authority to as- sess for taxation for State, county, and municipal purpos- es all interurban railroad and street railroad properties in the State of Tennessee ; and no assessment of such proper- ties shall be made in any other manner or by any other officer except and as provided in this Act. ♦ — 1153 — S.EC. 2. Be it further enacted, That the State Tax AMewment to Assessors shall assess interurban and street railroad prop- enoiaiiy. rrties biennially, and at the same time that they assess ailroad, telegraph, and telephone properties. Sec. 3. Be it further enacted, That every person or rorporation owning, leasing, or operating interurban and rtreet railroad properties, including electric light and power properties, when owned or operated in conjunction with street railroad properties, shall file with the Comp- troller of the State biennially on or before the first day of April, commencing with the year 1905, a schedule or schedules stating and giving the following facts and in- formation— viz. : A list or statement of all his or its prop- sohtduiM. erty, real, personal, and mixed, owned or leased, setting forth therein the length in miles of the entire roadbed, switches, and sidetracks, showing the number of miles in each county and the number of miles in each city or incor- porated town, the value of the whole, the amount of capi- tal stock, if owned by a corporation, the bonded debt, the gross annual receipts of thfe preceding fiscal year, the num- ber of cars, their classes and value, the location, descrip- tion, and value of all car sheds, transfer stations, power bouses, and other real estate, and all real, personal, and mixed property belonging to the person or company own- ing said railroad, if a part of and used in connection there- with, together with its value. Sec. 4. Be it further enacted, That said schedule shall How made out. be verified by the affidavit of the owner of said property, and if said owner be a corporation the affidavit shall be made by the president or secretary thereof; that said schedule shall be filed with the Comptroller of the State within the time above prescribed; and the owner of any such property refusing or failing to file such schedule shall be deemed to have waived the mode and manner of ascertaining the value of such property, and shall not be permitted to be heard in opposition to the value fixed upon such property by said State Tax Assessors, and shall in addition be liable to a penalty of $1,000; and it shall be the duty of the Attorney General of the State to sue for and collect the same before any court of competent juris- diction, in the same manner as any other debt, penalty, or forfeiture is now collected by the law. Sec. 5. Be it further enacted, That said State Tax Asr- sessors shall receive from the Comptroller the schedules, 73 • —1154 — and it is hereby made the duty of the Comptroller to de- liver the same to the State Tax Assessors, and they shall immediately proceed to ascertain the value of said property for taxation. Sec. 6. Be it further enacted, That the said State Tax A hl^EitrJd Assessors, in arriving at the valuation of said property for or^y *"•••" taxation, shall have in view and look to the capital stock of the company, the corporate property and franchises, the gross receipts, the expenditures for betterments, improve- ments, and repairs; the market value of the shares of the stocks and bonds, and all other facts that may throw light upon and show the value of said property to be as- sessed; and to ascertain these facts, the State Tax Assess- or are hereby invested with power to summon before them any person or persons, and call for any books, administer caths, and examine any such person or books touching any matters deemed necessary to enable them to arrive at the correct value of such property; and they may issue sum- mons to any county in the State, to be executed by the Sheriff of such county. Any person so called on to testif j shall be guilty of perjury if he shall testify falsely ; and any person failing to attend when summoned shall be guilty of a misdemeanor, punishable by a fine of $100 and thirty days in jail. Sec. 7. Be it further enacted, That the roadbed, roll- ^oTpropwJy1 *nS stock, franchises, choses in action, and personal prop- erty of a railroad having no actual situs shall be known as distributable property and shall be valued separately from the other property; and after ascertaining the total value of such distributable property wherever situated, and after having deducted from this value $1,000, said Assessors shall divide the remainder by the number of miles of the entire length of the road, and the result shall be the value per mile of such distributable property for the purpose of taxation; and the value per mile of such dis- tributable property shall be multiplied by the number of miles in this State, and the product thereof shall be the sum to be assessed against such property for State pur- poses; and the value per mile so ascertained shall be mul- tiplied by the number of miles in each county or incorpo- rated city, and the product shall be the amount to be as- sessed upon such property by said counties and incor- porated towns respectively. — 1155 — Sec. 8. Be it further enacted, That transfer stations, car sheds, power houses, and real estate shall be valued separately, as localized property. Sec. 9. Be it further enacted. That it shall be the duty of the Secretary of the said Assessors to transcribe into a well-bound book the entire proceedings of said Assessors, to be approved and signed by them each day. The Secre- tary shall carefully preserve and file away all reports, documents, and proof taken and used by said Assessors. Sec. 10. Be it further enacted, That said Assessors shall, in addition to the schedules hereinbefore required, take such additional proof and require such additional in- formation of the value of any property to be assessed by them as may be deemed proper, but such additional evi- dence shall be reduced to writing, and an opportunity af- forded, if desirdd, to the owner of any property to sub- mit additional evidence or counter evidence to that ac- quired by said Assessors, and the records of the Assessors shall at all times be opened to inspection to the owner or owners of any property assessable under the provisions of this Act. Sec. 11. Be it further enacted, That said assessments A^^£n&~ shall be completed on or before the first Monday in Au- complete, gust, and within ten days from the first Monday in Au- gust the owners of any property assessed may appear and file exceptions to said assessments, together with such evi- dence as they may desire to submit as to the value of the property assessed, and at the expiration of said ten days said Assessors shall reassemble and examine such addi- tional evidence and exceptions as may have been filed and change the valuation accordingly; on or before the first Monday in September said State Tax Assessors shall file with the Comptroller the assessments made by them, to- gether with all other records of every kind and character. Sec. 12. Be it further enacted, That the Governor, Treasurer, and Secretary of State are hereby constituted BMxAot e^. a Board of Equalization, of which the Governor shall be JggjJJJ"" Chairman, and the Secretary of State, Secretary, and within three days after the Comptroller shall have received the assessments and records from said State Tax Assessors he shall deliver the same to the Governor, and said Board of Equalization shall proceed to examine said assessments, so made by the Assessors, and they are hereby authorized to increase or diminish the valuation placed upon any — 1166 — —when. Notice to be Siren by ompiroller. property valued by said Assessors, and are further author- ized to require of said Assessors any additional evidence touching any one or more of the properties assessed, and shall consider such additional evidence so furnished by said Assessors in fixing the correct value of any property so assessed, and said assessments shall not be deemed com- plete until corrected and approved by said Board of Equal- ization ; and the Governor is hereby authorized to call to- gether said Assessors at any time to perform the duties imposed upon them. » ^Ea *'• Be it further enacted, That on or before the comptroller third Monday in October, said Board of Equalization shall certify to the Comptroller the valuation fixed by it upon each property assessed under this Act, and the action of the Board of Equalization, in fixing the valuation upon such property, shall be conclusive and final, and the vac- ation so fixed shall be assessed against said property and the taxes due thereunder be paid. Sec. 14. Be it further enacted, That as soon as the Comptroller shall have received said valuations from the Board of Equalization, he shall ascertain the amount of taxes due the State from the owner of each property as- sessed and notify the owner of same, by letter or other wise, and he shall certify to the County Court Clerk of each county in which any of such property lies the amount to be taxed in said counties respectively for county pur- poses, and likewise to the Mayor of any incorporated town the amount to be taxed by such town. Sec. 15. Be it further enacted, That the taxes so asses- sed in behalf of the State, counties, and cities shall be a first lien upon the property from the 10th of January of the year for which the taxes are assessed, and they shall be due and delinquent as any other ad valorem taxes. Sec. 16. Be it further enacted, That the taxes so as- comptroller to scssed on behalf of the State shall be collected by the Comp- ooiieot taxes, troller and paid into the State Treasury as soon as re- ceived by them, and if the same shall become delinquent he shall issue distress warrants against the owner of any such property to any Sheriff in the State, whose duty it shall be to collect the same and make a return thereof within thirty days ; and if the taxes shall not be collected by the Sheriff, it shall be the duty of the Comptroller to advertise said property for a period of thirty days by weekly publications in a newspaper published in the City of Nashville, Tennessee, and at the expiration of such — 1157 — time sell at the courthouse door said property for cash, free from the equity of redemption, and execute to the purchaser a deed or deeds to the property so sold, and after reserving the expenses of such sale and the taxes, together "with six per cent interest from the time the same became delinquent, hold the remainder subject to the order of the owner of such property so sold. Sec. 17. Be it further enacted, That the taxes due to any county or city shall be collected as any other county or city taxes may be collected by law, and at the rate fixed by such county or city. Sec. 18. Be it further enacted, That if at any time it shall appear to the satisfaction of the Governor of Tennes- ^SfvcMStSt© see that any street railroad is inadequately assessed or that wK?0™"" it9 property has been omitted from taxation, or any new line has been constructed, it shall be his duty, and he shall have the power, to convene the said Board of Assessors to make the proper assessment, and they shall have the power to do so, and their assessment shall go to the Board of Equalizers upon appeal upon the record as is provided in cases of assessment in the first instance. The said Board of Equalizers shall examine and act upon such record as soon as practicable, and certify their final action to the Comp- troller, the correction of the taxes so assessed to be then proceeded with according to the regular course, and neither the Comptroller of the Treasury nor any other officer than said Board of Assessors shall have the power or authority to back-assess or assess any railroad, telephone, or tele- graph company. Sec. 19. Be it further enacted j That all laws and parts of laws in conflict with the provisions of this Act, be, and the same are hereby, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 15, 1905. W. K. ABEKtf ATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 17, 1905. JOHN I. COX, Governor. — 1158 — CHAPTER 514. House Bill No. 763. AN ACT to incorporate Eada, in Shelby County, Tennessee. Boundaries. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the territory in Shelby Coun- ty, Tennessee, as follows : Beginning at a stake in Seward's field and running thence south seventy-one and a half degrees parallel to and near the south boundary line of the Nashville, Chat- tanooga & St Louis Railway section house lots and the south line of T. C. Owen's mill lot forty-six chains and eighty-five links to a stake; thence north with the vest boundary line of the Fletcher, Peyton, and Lawhorn tots thirty-six chains and fifty links to a stake in J. M. Brook's woods ; thence east with northern boundary of lot No. 9, West Jefferson Street, forty-two chains and fifty links to a stake in a road; thence south seventy degrees east with said road sixteen chains and twenty links to a stake ; thence south six chains and twenty-seven links to the beginning, containing one hundred and seventy-five acres, more or less, be, and the same is hereby, constituted a municipal corporation under the name and style of Eads, by which name said corporation shall be known. Sec. 2. Be it further enacted, That the corporation hereby created snail be in all respects subject to the laws General laws 0f this State relating to municipal corporations organised under the general law enacted for that purpose, the in- tent of this Act being that its powers and liabilities, the number and style of its officers, the election of its officials, their duties and terms of office, and all the relations of said corporation with its members and with others, shall be the same as if said corporation had been organized.hy an election held under the provisions of Sections 1575 to 1595, inclusive, of Milliken and Vertrees' Code of Ten- nessee and the Acts amendatory of same, and all provisions of law now in force and applicable to corporations formed under the law as expressed in those sections and in said apglyto town. — 1159 — amendments are expressly made applicable to the corpora- ion hereby created. Sec. 3. Be it further enacted, That this Act take effect Tom and after its passage, the public welfare requiring it. Passed April 17, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 17, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 515. House Bill No. 209. r AN ACT to be entitled "An Act to amend Chapter 169, Acts of 1903, passed April 3, 1903, and approved April 11, 1903, and known as 'The General Game Law;' to prohibit the killing of deer or English ring-necked or Mongolian pheasants for two years; to require dealers In game to take out licenses; to limit the number of birds to be killed In any one day; and to provide for the enforcement of this and other Acts." Section 1. Be it enacted by the General Assembly of the State of Tennessee^ That Section 3, of Chapter 169, Acts of 1903, passed April 3, 1903, and approved April 11, 1903, and known, as the "General Game Law," be, and the same is hereby, amended only as follows : Add to Sub-section 1 the following words: "Provided, however, no deer of any age or species shall be hunted, caught, or killed prior to two years from and after October 1, 1905." Amend Sub-section 3 by inserting after the word "wood- ducks" the words "or teal ducks." Amend Sub-section 5 by inserting after the word "wood- ducks" the words "or teal ducks," and changing the date of March 1 to April 15. Amend Sub-section 6 by adding thereto the following: "Provided, however, no English ring-necked or Mongolian — 1160 — pheasants shall be taken, caught, or killed prior to tiro years from and after November 1st, 1905." Sec. 2. Be it further enacted, That Section 9 of said Chapter 169 be, and the same is hereby, amended by strik- ing out from the fifth and six lines thereof the following words, "Same fee as a resident of Tennessee is subject to in the State of said non-resident," and insert in lieu there- of the following words : "Sum of ten dollars." Lkwnse to deal ^bc. *• &e ** further enacted, That all persons, com- panies, or corporations who shall deal in game — that is, all persons, companies, or corporations which shall buy and sell game for profit — shall pay an annual license fee as follows: In all towns or places having less than five thousand (5,000) population, five ($5) dollars; exceed- ing five thousand (5,000) population and not exceeding fifteen thousand (15,000), ten ($10) dollars; exceeding fifteen thousand (15,000) population, twenty-five ($25) dollars. And it shall be unlawful for any person who deals in game to buy, sell, or have in possession any game at any time which shall have been caught, taken, or killed contrary to the provisions of Chapter 169, Acts of 1903, or of this Act, and any dealer knowingly so offending shall be deemed guilty of a misdemeanor; and any person or persons, companies or corporations who shall violate this section, or any of the provisions thereof, shall, upon convic- tion, be fined in a sum not less than twenty-five nor more than fifty dollars for each offense. Sec. 4. Be it further enacted, That it shall be unlaw- ful for any person to shoot or kill in any one day during the open season more than fifty ducks, or, in the aggregate, more than thirty head of any of the other game birds specified in Chapter 169, Acts of 1903. Sec. 5. Be it further enacted, That the State Warden shall have authority to import English ring-necked or Mongolian pheasants or other game birds, or the eggs of game birds. Such birds or eggs as shall come into his hands he shall distribute fairly and equitably among the several counties where conditions, in his judgment, are favorable for such distribution. He shall have authority to take or transport game at any time, for the purpose of propagation or distribution deemed by him to be in the interest of the game industry of the State. And he may act in such matters by deputy. Sec. 6. Be it further enacted, That prosecutions and actions for penalties under this Act, or any other law for State warden may import game. At to prosecu- tion*. — 1161 — the protection of game, shall be in the name of the State of Tennessee, and must be brought on the order of the State Warden or a Warden appointed under the Depart- ment of Game, Fish, and Forestry, and in all actions or prosecutions each bird or animal or part thereof killed or held in violation of law shall constitute a separate of- fense; and the State Warden may compromise or discon- tinue cases where the violations were technical or where, in % his judgment, the prosecution or fine would be oppressive. Sec. 7. Be it further enacted, That Sub-section 7 of Section 3, Chapter 169, Acts 1903, be so amended that any person not a professional market hunter may lawfully kill and sell squirrels during the open season to residents of the county for their consumption only, without taking out any license for so doing. Squirrels may be caught and shot or killed in the respective counties of the State as fol- lows: Hardeman County from July 15 to February 15; Gib- sewon for kiii- son County from July 15 to February 15 ; McNairy Coun- in« »r visits any policy show or place where any gaming device is or shall be operated, or who patronizes or visits any saloon or dram shop where intoxicating liquors are sold, Dr who patronizes or visits any public pool room or bucket shop, or who wanders about the streets in the night time without being on any lawful business or occupation, or who habitually wanders about any railroad yards or tracks or pumps, or hooks on to any moving train or enters any car or engine without lawful authority, or who habitually uses vile, obscene, vulgar, profane, or indecent language, or is guilty of immoral conduct in any public place or about any schoolhouse. Any child committing any of the acts herein mentioned shall be deemed a juvenile delin- quent or neglected person, or whose home by reason of any neglect or depravity on the part of its parents, guardians, or other persons in whose care it may be, and any child under the age of fourteen (14) years who is found beg- ging, peddling, or selling any article or singing or playing any musical instrument on the street, or giving any public entertainment, or who accompanies or is used in aid of any person so doing, shall be proceeded against as such in the manner as hereinbefore provided. A disposition of any child under this Act, or any evidence given in such effuse, shall not in any civil, criminal, or other cause or proceeding whatever in any court be lawful or proper evi- dence against such child for any purpose whatever, ex- cepting in subsequent cases against the same child under this Act The word "child" or "children" may mean one or more children, or the word "parent" or "parents" may mean one or both parents when consistent with the intent of this Act. When jurisdiction has been acquired under the provisions of this Act over the person of a child, such jurisdiction shall continue for the purpose of this Act until the child shall have attained its majority. Seo. 2. Be it further enacted, That any Judge of any Criminal, Circuit, or County Court or Chairman of any Ju™ g! ke'Jtb? County Court of the several counties in this State shall Courts- have jurisdiction in all cases coming within the terms and provisions of this Act Such cases to be heard and deter- mined by the Judge or Chairman of said court. A special — 1164 — record book or books shall be kept by the court for all cases coining within the provisions of tins Act, to be known as "The Juvenile Record," and the docket or calendar of the court upon which there shall appear the case or cases under the provisions of this Act shall be known as 'The Juvenile Docket," and for convenience the court in the trial and disposition of such cases may be called "The Juvenile Court." Between the first and thirteenth days of October of each year the Clerks of the several courts shall submit to the County Court a report in writing upon blanks to be furnished by said court showing the number and disposition of delinquent children brought before such court, together with such information regarding such cases and the parentage of such children as may be rea- sonably obtained at the trials thereof; Provided, that the name or identity of any such child or parent shall not be disclosed in such report, and that such report shall not be published at State expense. Sec. 3. Be it further enacted, That any reputable person, being a resident of the county, having knowledge or information of a child in the county who appears to be a neglected child, may file with the Clerk of such court a petition in writing setting forth the facts, verified by affidavit. It shall be sufficient that the affidavit is on in- formation and belief. In any such information or complaint filed under this Act, the act or acts claimed to have been committed by the child proceeded against shall in a general way be stated therein as constituting such child a juvenile delin- quent child or person. Sec. 4. Be it further enacted, That it shall be un- lawful for any court clerk or other person to tax or col- lect or for any county to pay any fees whatever now per- mitted by law to be taxed and collected for the benefit, of any court officer or person for the case of any delinquent child coming within the provisions of this Act for violat- ing any law of this State or committing any of the acts mentioned in Section 1 hereof, unless such child shall be proceeded against in such court under the provisions and in accordance with the purpose of this Act, except in cap- ital cases, or where the court shall direct a prosecution un- der the criminal code, or where complaint has been filed before a Justice of the Peace or Police Magistrate, who shall duly comply with the terms of Section 6 of this Act — 1165 — » Sec. 5. Be it further enacted, That upon the filing children-how f an information under this Act a warrant or copies may Sithby* * sue as in other cases, but no incarceration of the child offloett- roceeded against thereunder shall be made or had unless 1 the opinion of the Judge of the court, or in the absence f the Judge or Chairman from the county seat, then in lie opinion of the Sheriff of the county, it shkll be nec- ssary to insure its attendance in court at such times as ball be required. In order to avoid such incarceration, f practicable, it shall be the duty of the Sheriff of the ounty, or his Deputy or representative, to serve a notice >f the proceedings upon at least one parent of the child, f living and known, or its legal guardian; or if his or ler whereabouts or residence is not known, or if neither )arent nor guardian shall be in this State, then some rela- tive living in the county, if any there be whose where- ibouts are known, and such Judge or Sheriff may accept the written promise of such person so notified or of any other person to be responsible for the presence of such child at the hearing in such case, or at any other time to which the same may be adjourned or continued by the court In case such child shall fail to appear at such time or times as the court may require, the person or per- sons responsible for its appearance as herein provided for, unless in the opinion of the court there shall be reason- able cause for such failure of such child to appear as here- in provided for, may be proceeded against as in cases of contempt of court, and punished accordingly, and where any such child shall have failed to appear as required by the court or its officers, any warrant, capias, or alias capias issued in such case may be executed as in other cases; Provided, however, that no such child within the provi- sions of this Act under fourteen (14) years of age shall under any circumstances be incarcerated in any common jail or lockup unless such child shall be charged with a felony, and any officer or person violating this provision of this Act shall be guilty of a misdemeanor, and on con- viction fined in a sum not to exceed one hundred ($100) dollars. It shall be the duty of the County Court to pro- vide and maintain at public expense a detention room or house of detention, separated or removed from such jail or lockup, to be in charge of a matron or other person of 8°od moral character, wherein all children within the provisions of this Act shall, when necessary, be incar- cerated. Any such child so informed against shall also — 1166 — have the right now given by law to any person to give bond or their security for the trial of such cases, and the court may, in any such case, appoint counsel to appear and defend on behalf of any such child. Sec. 6. Be it further enacted, That when any child sixteen (16) years of age or under is arrested with or without wafrant, such child shall, instead of being taken before a Justice of the Peace or Police Magistrate, be taken directly before the Judge of such court; or if the child is taken before a Justice of the Peace or Police Mag- istrate, upon complaint sworn out in such court or for any other reason, it shall be the duty of such Justice of the Peace or Police Magistrate to transfer the case to such court, and the officer having the child in charge to take the child before that court, and in any such case the court may proceed to hear and dispose of the case in the same manner as if such child had been brought before the court upon information originally filed as herein provided, or when necessary in cases when the delinquency charged would otherwise constitute a felony, may direct such child to be kept in proper custody until an information or complaint may be filed as in other cases under this Act or the laws of the State; Provided, that nothing herein shall be constituted to confer jurisdiction upon any Justice of the Peace or Police Court to try any case against any child sixteen (16) years of age or under. Seo. 7. Be it further enacted, That such courts of the A?Fw^Stion several counties in this State shall have authority to ap- oflloers. point or designate one or more discreet persons of good moral character to serve as probation officers during the pleasure of the court; said probation officers to receive no compensation. In case a probation officer shall be ap- pointed by the court, it shall be the duty of the Clerk of the court, if practicable, to notify the said probation offi- cer when any child is to be brought before the court. It shall be the duty of such probation officer to make investi- gation of such cases; to be present in court to represent the interests of the child when the case is heard ; to furnish to the court such information and assistance as the court or Judge may require, and to take charge of any child be- fore and after the trial, as may be directed by the court Probation officers provided for by this Act are hereby vested with all power and authority of Sheriffs to make arrests and perform other duties incident to their office. — 1167 — Sec. 8. Be it further enacted, That in any case of a court may con- delinquent child coming under the provisions of this Act fiSSTumeto8 the court may continue the hearing from time to time, tlme' and may commit the child to the care of a probation officer, and may allow said child to remain in its own home, subject to the visitation of the probation officer, such child to report to the court or probation officer as often as may be required, and subject to be returned to the court for further proceedings whenever such action may appear necessary ; or the court may cause the child to be placed in a suitable family home, subject to the friend- ly supervision of the probation officer and the further or- der of the court, or it may authorize the child to be boarded out in some suitable family house, in case pro- vision is made by voluntary contribution or otherwise for the payment of the board of such child, until suitable pro- vision be made for the child in a home without such pay- ment; or the court may commit such child to the State Industrial School, or to any institution within the county w , • iiiii»i*n 1 Final commit- incorporated under the laws of this State, that may care mcnt. for children, or which may be provided by State or county suitable for the care of such children, or to any State in- stitution which may now or hereafter be established for the care of boys and girls. In no case shall a child pro- ceeded against under the provisions of this Act be com- mitted beyond the age of twenty-one (21). A child com- mitted to any such institution shall be subject to the con- trol of said court, which shall have power to parole such child on such conditions as he may prescribe, and the court shall have power to discharge such child from cus- tody when, or in the judgment of the court, his or her reformation is complete; or the court may commit the child to the care and custody of some association that will receive it, embracing in its objects the care of neglected or delinquent children, and which has been duly credited as herein provided. Sec. 9. Be it further enacted, That all institutions or associations receiving children under this Act shall be A» to ln8tit»- -.!• i. x xi. • -j. x« • *• j • • tlonsrecelY- subject to the same visitation, inspection, and supervision ins »*ld by the County Court, through committees appointed by it, as are public charitable institutions of this State, and it shall be the duty of the County Court to pass annually upon the fitness of any institution or association which may receive or desire to receive any child or children un- der the provisions of this Act ; and every such institution — 1168 — or association shall at such times as said court shall direct make report thereto showing its conditions, management, and competency to adequately care for such children u are or may be committed to it, and such other facts as said court may require, and upon said court being satis- fied that any such association or institution is competent and has adequate facilities to care for such children, it shall issue to the same a certificate to that effect, which certificate shall continue in force one year unless sooner revoked by said Board. The court or the Judge thereof may at any time require from any such institution or association receiving or desiring to receive children under the provisions of this Act, such reports, information, and statements as the court or Judge shall deem proper and necessary for his action, and the court shall in no case commit a child or children to any association or insti- tution whose standing, conduct, or care of children or ability to care for the same is not satisfactory to the court. Sec. 10. Be it further enacted. That all laws in con- flict with this Act are hereby repealed. Sec. 11. Be it further enacted, That this Act shall be jiiy ©on" liberally construed to the end that its purposes may be car- ried out — to wit: That the care and custody and discipline of the child shall approximate as nearly as may be thit which shall be given by its parents, and that as far as practicable any delinquent child shall be treated not as a criminal, but as misdirected and misguided and needing aid, encouragement, help, and assistance. Sec. 12. Be it further enacted, That this Act shall only apply to counties of seventy thousand (70,000) in- habitants and over by the Federal Census of 1900 or any future Federal Census. Sec. 13. Be it further enacted, That this Act take effect from and after its passage, the public welfare re- quiring it. Passed April 15, 1905. W. K. ABERNATHY, Speaker of the House of Representative! E. RICE, Speaker of the Senate. Approved April 17, 1905, JOHN I. COX, Governor. Act to be liber- ally ooi straed. — 1169 — CHAPTER 517. House Bill No AN ACT to create and establish a School District in Obion County, and to define the boundaries thereof, and to provide for the appointment of a Board of Directors for said district Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a School District, known as South Fulton School District, the same being School District No. of Obion County, be, and the same is hereby, established in Obion County, Tennessee. Sec. 2. Be it further enacted, That the boundaries of said School District shall be coextensive with and com- mensurate with the limits of the old Town of South Ful- ton in said County of Obion — to wit: Beginning with the State line at W. J. Gholson's north- west corner; thence west with the State line to Dick J. Bard's northeast corner; thence south with Bard's line to the southeast side of the right of way of the M. N. and M. V. Co. Railroad ; thence northeast with south line of said right of way to the northwest corner of the David Bard line; thence cast to the Harris Fork Creek; thence east with the meanderings of the north bank of said creek to said W. J. Gholson's west line; thence north with said Gholson's line to the beginning. Sec. 3. Be it further enacted, That all the funds re- maining in the hands of the Treasurer of the Town of South Fulton after the settlement of any and all just claims and indebtedness of the said Town of South Fulton shall be and become the property of the said School Dis- trict hereby created, and the same shall be turned over by the said Treasurer to the County Trustee of Obion County by the said Treasurer for the use and benefit of the schools of the said School District. Sec. 4. Be it further enacted, That W. W. Morris, J. T. Futrell, and R. K Whitehead shall be, and are hereby, created as the Board of Directors of the said School District hereby established and created, and shall perform the duties of such Directors till the time of the 74 — 1170 — next regular election of School Directors in the said County of Obion. Sec. 5. Be it further enacted, That all laws and parts of laws in conflict herewith be, and the same are hereby, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 14, 1905. W. K, ABEENATHY, Speaker of the House of Representative* E. EICE, Approved April 15, 1905. Speaker of the Senate JOHN L COX, Governor. CHAPTER 518. House Bill No. 688. AN ACT to be entitled An Act to amend an Act passed March 18, 1903, entitled "An Act to authorise and empower Madison County to issue $300,000.00 of coupon bonds of said county for the purpose of constructing good roads in said county. The first $150,000.00 of said bonds shall be used for the pur- pose of constructing good roads within five miles of the cor- porate limits of the City of Jackson, and the second $150,009 of said bonds issued shall be for the purpose of grading and graveling the roads of said county of the first class from a point on said roads, five miles from the corporate limits of Jackson, to points on said roads not exceeding eleven miles from the corporate limits of said city. But said second ser- ies of said $150,000.00 coupon bonds shall not be issued un- til after the work in the construction, grading, graveling the roads within five miles Qf the corporate limits of the City of Jackson is fully complete." Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Section 1 of said Act k amended as follows: That all of said section after the word "points" in the twelfth line of said section be stricken out and the following be inserted : "Where said roads shall have been completed by the proceeds of the sale of the first one hun- dred and fifty thousand ($150,000) dollars of said coupon — 1171 — xmdfl and the said second series of one hundred and fifty Jbtonsand ($150,000) dollars of said coupon bonds shall be issued and the proceeds used in constructing, grading, and graveling the roads uncompleted as far as the three hun- ired thousand ($300,000) dollars will go." Sec. 2. Be it further enacted, That Section 8 of said Act be amended as follows : So as to insert in the seventh line of the same after the word "city" and before the word "and" the following words — to wit: "And so on until the eleven mile limit prescribed by the Act shall have been reached." Sec. 3. Be it further enacted, That Section 11 of said Act be amended as follows: So as to insert in the fifth line of the same, after the word "and" and before the word "shall," the following words — to wit: "The County Court shall in pursuance of the said Act as amended." Sec. 4. Be it further enacted, That Sections 1, % 3, 4, and 6 of said Act be amended as follows: By inserting after the word "Chairman" in Section 1, line 3.; Section 2, line 2; Section 3, lines 2 and 6; Section 4, line 15; and Section 6, line 1, the words "or County Judge." Sec. 5. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 11, 1905. W. K. ABEKNATHY, Speaker of the House of Representatives. E. BICE, Speaker of the Senqte. Approved April 17, 1905. JOHN I. COX, Governor. 1179 — CHAPTER 519. House Bill No. 584. AN ACT to prevent the introduction and the spread of communi- cable diseases in this State, and to fix the penalty for the vio- lation of this Act Section 1. Be it enacted by the General Assembly of the State of Tennessee, That whenever any case of small- pox, yellow fever, cholera, bubonic plague, typhus fever, diphtheria, membranous croup, scarlet fever, or other communicable diseases exist (except it shall not embrace any venereal disease, such as gonorrhoea or syphilis), or is even suspected to exist in any household, it shall be the duty of the head of said household, or any other person in such household possessing knowledge of said facts, to im- mediately notify the municipal or county health authori- ties of the town or county wherein such disease or dis- eases exist or may be supposed to exist. Sec. 2. Be it further enacted, That whenever any ^vttotk*. physician, surgeon, or practitioner of medicine shall know or suspect that any person or persons, whom they have been called to visit, or who has been brought to them for examination (or any other suspicious information received relative thereto), is, or are infected, or even suspected, with any of the aforementioned diseases, he shall,, and it shall be his duty to, immediately notify the health authorities of the town or county in which said diseased person or persons are found. Sec 3. Be it further enacted, That it shall be the M&ritiM. duty of all municipal or county health authorities afore- said, without delay, upon receiving such notice as is above provided for, to immediately proceed to carry out such rules and regulations as the State Board of Health may prescribe, having for their object the prevention and re- striction of the disease or diseases aforementioned in Section 1 of this Act It shall be the duty of said local health authorities, upon the receipt of said notice of ex- isting or suspected disease aforesaid, to inspect or cause — 1173 — lie house or locality to be inspected by its sanitary offi- »rs, and on discovering that such disease exists, the local lealth officer or local Board of Health (either municipal >r county, as the case may be) may, as he (or it) deems >est, isolate and quarantine said diseased person or per- ions. He (or it) may also quarantine any other person >r persons exposed to said disease and restrain them with- n their home or locality from intercourse with other per- sons, and prohibit ingress or egress to or from such prem- ises whenever it is necessary for the prevention or re- striction of such diseases, and any person or persons iso- lated or quarantined that shall willfully escape from said isolation or quarantine before they have fufly recovered or before their clothes have been disinfected by the au- thorities in charge, or willfully permit clothes or other arti- cles to be carried from the infected premises prior to dis- infection, shall be fined not less than fifty ($50) dollars nor more than one hundred ($100) dollars, or confined in the county jail for a period of not more than three months, one or both, in the discretion of the court. Sec. 4. Be it further enacted, That it shall be theQumrimtllw duty of the said local Board of Health or its health officer, <****- when a case of smallpox, cholera, bubonic plague, yellow fever, typhus fever, diphtheria, membranous croup, or scarlet fever is reported within its jurisdiction, to at once cause to be placed in a conspicuous position on the house wherein any of the aforesaid diseases occur or exist a quarantine card having printed on it in large letters the name of the disease within, and to prohibit entrance to or exit from such house without written permission from the health officer, and no person quarantined by a local Board of Health or its health officer on account of having a contagious disease, or for having been exposed thereto, shall leave such quarantined house or place without the written permission of the health officer, and every physi- cian attending a person affected with any of the aforesaid diseases shall use such precautionary measures to prevent the spread of the disease, as may be required by said local Board of Health. "No person shall remove nor deface nor destroy such quarantine card, which shall remain in place until after the patient has been removed from such house, or has recovered and is no longer capable of com- municating the disease, and the said house and the con- tents thereof have been properly disinfected by the said 1174 — Quarantine guards, etc. Duties of Health offi- cers during quarantine. As to vacoina- tion. local Board of Health and all other sources of danger of communicating the disease are removed. Sec. 5. Be it further enacted, That said local Board of Health may employ as many persons as it deems nec- essary to execute its orders and properly guard any house or place containing persons affected with any of the dis- eases named herein, or who have been exposed thereto, and such person or persons may be deputized by the Sheriff of the county as quarantine guard, and shall be vested with all the power and authority of the Sheriff, and may use all necessary means to enforce the provi- sions of this chapter for the prevention and spread of the aforesaid communicable diseases, or the order of any Board of Health made in pursuance thereof. Sec. 6. Be it further enacted, That whenever a house or other place is quarantined on account of a communi- cable disease, it shall be the duty of the Board of Health having jurisdiction to provide for all persons confined in such house or place food, fuel, and all other necessaries of life, including medicine and nurses whenever neces- sary; the expenses so incurred, except those for disin- fection, quarantine, or other measures strictly for the pro- tection of the public, shall be paid by the person or per- sons quarantined; Provided, when such persons are not able to pay such expenses, it shall be paid by the munici- pality or county in which he or they are quarantined. Sec. 7. Be it further enacted, That it shall be the duty of every physician in attendance upon any person afflicted with any contagious or infectious disease desig- nated in this Act, to notify the proper health officer when said premises are ready for disinfection, so that the same may be properly disinfected under the directions of said health officer or some other person under his authority. Sec. 8. Be it further enacted, That municipal and county health officers or municipaPand county boards of health may adopt such measure for the general or local vaccination of the inhabitants of their respective jurisdic- tion as they shall deem proper and necessary, and when- ever necessary vaccinate such inhabitants to prevent the introduction or to arrest the progress of smallpox without being authorized or ordered by the State Board, and the expenses in whole or in part of such general or local vacci- nation shall, upon their order, be paid out of the city or county funds, as the case may be. — 1175 — Sec. 9. Be it further .enacted, That every person who penalty for shall refuse to be vaccinated or prevent a person under ^taSion. his or her care and control from being vaccinated on ap- plication being made by the said health officer or said Board of Health or by a physician employed by said health officer of said Board of Health for that purpose, unless in the written opinion of another physician it would not be prudent on account of sickness, shall be fined not more than five ($5) dollars for each offense, and any physician fraudulently giving a certificate of sickness or of vacci- nation to prevent vaccination, shall be fined not less than twenty-five ($25) dollars nor more than fifty ($50) dol- lars. Sec. 10. Be it further enacted, That said local health Board of Edu- authorities shall further, upon the receipt of said notice Stifled!1* of existing or suspected disease aforesaid, notify the Board when* of Education of such municipality, if the case exists in such municipality, or, if in the country, the County Su- perintendent of Public Instruction or District School Boards of the facts in every such case, giving name, age, and sex of the individual so sick, name of disease, street, and number of the house, if in a town, or otherwise suffi- ciently designate the house if in the rural district, and said public school authorities shall not allow any pupil to attend any public school from said house while any inmate of same is sick of smallpox or other communicable disease, or during the period of two weeks after the death, recovery, or removal of such sick person. Sec. 11. Be it further enacted, That it shall be thestat^itoardof duty of each and every Municipal or County Board of notified. Health in this State upon receiving information of the existence or suspected existence in their respective juris- dictions of any case of smallpox, cholera, yellow fever, scarlet fever, diphtheria, or other disease dangerous to the public health, to immediately notify the State Board of Health of the fact, and, in addition, on the first of each and every month make a written report and forward the same without delay to said Board of all communicable diseases occurring in their respective jurisdictions for the last month preceding, setting forth in said report, in separate columns, the age, color, and sex of the individual, name of each disease, number of cases, number of deaths, together with such other information as said State Board of Health may desire, Penal olmue. — 1176 — Sec. 12. Be it further enacted, That whenever any one of said local health authorities, either municipal or coun- ty, as the case pay be, isolates, quarantines, or placards any person or persons or house or houses for the aforesaid communicable diseases, it shall be the duty of said health official to deliver or cause to be delivered to the head of such household a copy of this Act or such portion thereof as may pertain to the particular case under consideration. Sec. 13. Be it further enacted, That any person or persons mentioned in this Act, unless the penalty hereto- fore in this Act is prescribed, who shall willfully neglect or refuse to comply with any of the above provisions, shall be guilty of a misdemeanor and shall be fined not less than ten ($10) nor more than one hundred ($100) dol- lars, or confined in the county jail for a period of not more than three months, one or both, in the discretion of the court; and upon complaint from any of said health authorities it shall be the duty of the District Attorney to prosecute the violation of this Act Sec. 14. Be it further enacted, That any person har- sam* ing reason at the time to believe himself afflicted with any contagious disease shall voluntarily go upon any pub- lic highway or street, or to any place at which people are accustomed to collect or assemble, or who shall enter or go on board any steamboat, railroad car, or other public con- veyance, and all persons who shall knowingly aid or assist any one thus to offend, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than fifty / $50) nor more than two hundred ($200) dollars, or confined in the county jail for a period not more than three months, one or both, in the discretion of the court. Grand juries shall have inquisitorial power in all cases of violation of this section. Sec. 15. Be it further enacted, That whenever local Board of Health (either municipal or county) willfully neglect or refuse to comply with the provisions of this Act, and it is apparent that an epidemic of a communica- ble disease is threatened to invade other municipalities or counties, it shall then become the duty of the State Board of Health to carry out the provisions of this Act in such, municipality or county, as the case may be, and the necessary expense incurred by the State Board of Health in carrying out this Act shall be paid by the respective municipality or county, as the case may be, to the Comptroller of the State of Tennessee, and said — 1177 — Comptroller shall place same to the credit of the State Board of Health. Sec. 16. Be it further enacted, That all Acts or parts :>f Acts in conflict with this Act be, and they are hereby, repealed ; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 15, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 17, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 520. . House Bill No. 810. IN ACT to make a lawful fence consisting of three barbed wires, three boards, or three rails, securely fastened to good substantial posts, set firmly in the ground a distance of not oyer twelve feet apart, first wire, board, or rail to be two feet above the ground, the second one foot above the first, and the third one foot above the second, one of the lawful fences in counties having a population of not less than fourteen thousand one hundred, nor more than fourteen thousand two hundred, according to the Federal Census of the year 1900, or any subsequent Federal Census. Section 1. Be it enacted by the General Assembly of Ihe State of Tennessee, That in addition to the f ences Thfa that are now lawful fences, the following shall also be a piieitowhit« lawful fence in counties having a population of not less uniy' than fourteen thousand one hundred (14,100) nor more than fourteen thousand two hundred (14,200), according to the Federal Census of 1900 or any subsequent Federal Census — to wit : A fence consisting of either three barbed wires, well stretched, three boards, or three rails securely fastened to good, substantial posts set firmly in the ground not more than twelve feet apart, the first wire, board, or Tail to be two feet above the ground ; the second one foot _1178 — above the first; and the third one foot above the second, measuring at the posts, but a variation of not more than one inch in the measurement of the above distance shall not render the said fence unlawful. Sec. 2. Be it further enacted, That this Act shall take effect from and after, only in such of the above-named counties as shall express their approval of the same at a popular election to be called and held, as any regular elec- tion is held, on the twelfth day of August, 1905. Said election shall be held and certified as any other regular election. Those favoring the law shall cast a ballot on which shall be written or printed the words, "For the three-wire fence." Those opposing the law shall cast a ballot on which is written or printed the words, "Against the three-wire fence." And if a majority of the votes cast in said election shall be in favor of the said fence law, then this Act shall take effect in such county or counties ex- pressing their approval as herein provided on the first day of January, 1906. Passed April 15, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 17, 1905. JOHN I. COX, Governor. CHAPTER 521. House Bill No. 666. A BILL, to be entitled An Act to create an independent School District in Overton County. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an independent School Dis- trict be, and the same is hereby, established in the Sixth Civil District of Overton County, with the following boundaries : Beginning in the center of the Livingston and James- town Road on the northeast corner of the lands of E. D. White; running thence southwardly with the eastern and _1179 — southern boundaries of his land to J. J. Keeton's land; thence southwardly with said Keeton's eastern boundary line and southern boundary line of C. E. Myers' land; thence westwardly with the southern boundary line of said Myers to A. L. Windle's land ; thence with the south- ern lines of the Windle's tract to the tract belonging to W. W. Goodpasture ; thence westwardly with his southern line to the line of the F. IT. Daugherty tract ; thence with said Daugherty tract to the line of L. D. Bohannan's tract; thence with said Bohannan's line to the line of H. L. Little, and with his line to the county poorhouse farm; thence with the southern line of the county poor- house farm to the line of L. E. Estes' tract, and with her southern line to A. A. Carmack's line, and with his east, south, and west lines to L. E. Estes' west line, and with her line north to the south and west line of J. O. Collins' tract; thence northwardly with his western line to Ben Randolph's west line, and with his line to Bob Cooper's west line ; thence northwardly with said Cooper's line to D. N. Frisbie's west line, and with his line to the southeast line of Campbell Ogletree, and with same to the line of Goff's tract; thence with the western line of the Goff's tract northwardly to the line of Mrs. L. E. Estes ; thence northwardly with her western line to Mitch- ell's line; thence northwardly with his western line to Hall's line ; thence with Hall's line to another of Mitchell's lines ; thence with Mitchell's northern line to It. L. Mitch- ell's, Jr., line; thence eastwardly with Mitchell's north boundary line, with Dillon's line, with Dillon's line to Capp's line ; thence with Capp's north line to G. W. Dil- lon's line; thence east and south with the north and east lines of G. W. Dillon's line to Ilenson's line; thence east and south with his northern and eastern boundary lines to Eubank's line, and running round, and including his tract, hack to Ilenson's line, and with his line to the beginning. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 15, 1905. W. K ABEENATHY, Speaker of the House of Representatives. E. BICE, Speaker of the Senate. Approved April 17, 1905. JOHN I. COX, Governor. — 1180 — CHAPTER 522. House Bill No. Election for • director!. Qoalifloatlong for School Director!. AN ACT to create an Independent School District in the Sixtk Civil District of Morgan County, Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That a School District be estab- lished in the Sixth Civil District of Morgan County, Ten- nessee, beginning at the mouth of Short Creek and Cletr Fork (the Fentress County line), running from the south- east to the line of the Fifth Civil District of said Morgan County, Tennessee, so as to include the Daniel Lyon and J. S. Smith farms; also the Richard Pitman, Lai Wright, and Reese Pitman places; thence northwardly with the said Fifth Civil District line of Morgan County, Tennessee, to the point where the Twelfth Civil District line of Morgan County, Tennessee, intersects said Fifth Civil District line ; thence northwardly with the line of the said Twelfth Civil District to the mouth of Indian Creek and Clear Fork (the same being the Fentress Coun- ty line) ; thence up the Clear Fork River to the begin- ning; that said boundaries be established as the Fiftieth School District of Morgan County, Tennessee. Sec. 2. Be it further enacted, That the proper elec- tion authorities of Morgan County, Tennessee, he, and are hereby, empowered and required to hold an election within said School district by the qualified voters of said district at the next regular election, and biennially there- after, for the purpose of electing three School Directors of said School District. The County Superintendent of Morgan County will appoint three School Directors for said School District, who will hold until the next regular election. Sec. 3. Be it further enacted, That the officers ap- pointed by said authority to hold said election shall be governed by the General Laws of the State in conducting said elections. Sec. 4. Be it further enacted, That the School Di- rectors appointed and elected for said School District are — 1181 — required to have all the qualifications necessary under the General Laws of the State of School Directors; they are clothed with all the powers and duties given to and re- quired by School Directors under the General Laws of the State, and will hold office for a period of two years, and until their successors are elected and qualified. Sbc. 5. Be it further enacted, That said School Dis- trict shall receive of the school taxes due said Sixth Civil District from the taxes of 1904 and previous years not heretofore expended, such part of same as the scholastic population within the boundaries of said School District is a part of the entire scholastic population of said Civil District as taken at the last scholastic census. That the Superintendent of the public schools of Morgan County shall furnish to the Trustee of said county the amount thus due said School District, who will pay out same upon the orders of the School Directors, to be appointed and elected at the time and manner as herein provided. Sec. 6. Be it further enacted, That hereafter the Su- perintendent of Public Instruction for Morgan County shall furnish a copy of the scholastic enumeration to the Trustee of Morgan County of said School District, who shall keep a separate account of the funds rightfully be- longing to said School District and pay out same in the manner and form as herein provided by law for paying out school funds. Sec. 7. Be it further enacted, That all the school laws of the State not in conflict with the provisions of this Act shall be applied to said School District. Sec. 8. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 15, 1905. W. K. ABERNATHY, Speaker of the House of Representatives* E. RICE, Approved April 17, 1905. Speaker of the Senate. JOHN I. COX, Governor. — 1182 — I CHAPTER 523. House Bill No. 982. AN ACT to be entitled An Act to sell and apply the proceeds of a portion of the cemetery lot in the Town of Alexandria, DeKalb County, Tennessee. Whereas, by Act of the General Assembly of the State of Tennessee, on the thirty-first day of January, 1848, the Town of Alexandria, Tennessee, was incorporated; and Whereas, the East View Cemetery was within the ear- porate limits of said Town of Alexandria ; and Whereas, on the day of , 1869, J. It Baird by deed of said date conveyed to the Mayor awl Aldermen of the said town of Alexandria and their succes- sors in office the grounds included in the East View Ceme- tery for the purpose of a burying ground, said grounds bounded as follows — to wit: On the east by R. F. Jones, on the south by the colored people's cemetery, on the west by the Colored M. E. Church lot, and on the north by H. L. Graves, containing about six acres ; and Whereas, there is a part of said cemetery unfit for a burying ground on account of rock, and the fence around said cemetery is in poor condition, and there is no funds belonging to said cemetery with which to repair said fence and cemetery; and Whereas, on the day of , 1879, tie charter of said corporation of the Town of Alexandria was surrendered to the Chancery Court of DeKalb County, Tennessee; and Whereas, there is no one vested with the power to sell any of the lands belonging to said East View Cemetery; now therefore Section 1. Be it enacted by the General Assembly of the State of Tennessee, That T. W. Goodner, D. O. Wil- liams, and It. F. Jones and their successors be, and tie same are hereby, empowered to sell so much of said grounds as is unfit for use which is known and bounded a? follows, to wit : Beginning on the east boundary line of said — 1183 — emetery at Gross* southeast corner at a stone where R. F. Tones joins said Gross, it being said Jones' northwest cor- ler, thence westward through the cemetery lot twelve (12) eet north of the sections now occupied, a parallel line hree hundred and seventy-four (374) feet to a stone, hence southward fifty-seven (57) feet to the street at the lorth rock gate post at entrance of cemetery lot, thence vest with said street eighty-four (84) feet to H. L. W. Jross* southeast corner, thence with said Gross* line all he way around to the beginning, containing by estimation >ne and one-half acres more or less. Sec. 2. Be it further enacted, That said Trustees, or. heir successors, be, and are hereby, empowered to offer for lale within three months from the passage of this Act, on rach terms of payment as they may deem proper, said de- wribed land, either publicly or privately, and to make title x> the same, and they are hereby empowered to make all accessary deeds and acknowledgments as may be neces- sary to convey title. Sec. 3. - Be it further enacted. That said Trustees, or their successors, are hereby directed and empowered to *pply the proceeds arising from the sale of said waste land to the erection of . Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 14, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 17, 1905. JOHN I. COX, Governor. — 1184 — CHAPTER 524. House Bell No. 940. AN ACT to create an Independent School District in Overton County, Tennessee, including the Town of Allons. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an independent School Dis- trict be, and the same is hereby, created out of a part the Fourth, Sixth, and Seventh Civil Districts of Overton County, and bounded as follows: Beginning with the farm of James Dile in the Seventh Civil District, running eastwardly with the north bound- ary of his land; thence on around with the following farms: Sarah Gunells, W. E. White, C. C. White, A. Mor- row, W. O. Miller, Willis Ruder, Eva Beard, Mrs. Davis, Joseph Sidwell, Paul Neal, R. Brown, Campbell Ogle- tree, A. F. Crabtree, Jas. Winingham, M. J. Phillips, David Davis, A. W. Richardson, W. D. Dennis, T. R Hunter, Nancy Lack, John House, S. R. Peterman, John Sehon, M. G. Sehon, at the beginning including the lands of the persons named and all lands included in said boundary. Sec. 2. Be it farther enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 15, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 17, 1905. JOHN I. COX, Chvernor. — 1185 — CHAPTER 525. House Bill No. 563. JL BILL to be entitled "An Act to change the line between the Counties of Williamson and Dickson.1' Section 1. Be it enacted by the General Assembly of the State of Tennessee^ That the line between the County of Williamson and the County of Dickson be, and the same is, so changed as to include all of the farm of L. W. Sullivan in Williamson County. Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 15, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 17, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 526. House Bill No. 615. AN ACT to authorize Davidson County to issue bonds for the purpose of building and constructing bridge or bridges across Cumberland River, in the City of Nashville, and to provide for the payment of said bonds and the interest thereon. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Davidson County through its Quarterly County Court be, and is hereby, authorized and 75 — 1186 — empowered to issue bonds of the county for the purpose of building and constructing a bridge or bridges across Cumberland River in the City of Nashville, in an amount not exceeding three hundred thousand ($300,000) dollars, bearing interest at a rate of not exceeding four per cent per annum, payable semi-annually or annually as said County Court may direct, and said bonds to be payable in a period from one to thirty years from the date thereof as said County Court may order and direct, and said bonds and interest shall be payable in lawful money of the United States. Sec. 2. Be it further enacted, That said bonds shall be executed in the name of Davidson County, and shall be signed by the County Judge or Chairman of the County Court of Davidson County and countersigned by the Clerk of said court, with his official seal affixed to the same, and said bonds shall be in such denominations as said court may direct, not less than one hundred ($100) dollars each, and shall be numbered consecutively in the order of issuance, beginning with one. How issued. Sec. 3. Be it further enacted, That each of said bonds shall have attached to it interest coupons, showing the amount of each annual or semi-annual installment of in- terest on said bonds, and when the interest shall fall due, and said coupons shall be signed in the same manner as the bonds, but without the official seal of the Clerk, and showing on their face the number of the bond to which they are attached; and the County Judge or Chairman of the County Court of said county shall keep in a well-bound book a record of the number and denomi- nations of all said bonds issued, to whom issued, and also of all bonds and interest coupons redeemed or paid, and he shall make settlement with the County Trustee upon the receipts and disbursements in the same manner as pro- vided for settlements in regard to other county fund?. HmaabJwhen ^EC* *• ^e ^ furiher enacted, That said bonds or any redeemed, part thereof may be redeemed at any time during the ]>e- riod for which they were issued by order of the County Court in quarterly session, by giving thirty days' notice to the holder of said bonds by publication in some news- paper published in Davidson County, and said publication shall prevent the accrual of any interest thereafter. Sec. 5. Be it further enacted, That said bonds shall ctiontobo not be sold for less than par value; Provided, however, 'ou. that the Quarterly County Court of said county shall sub- — 1187 — mit said proposition to the people at an election to be held at each voting precinct in the county not less than sixty days from the date County Court shall authorize the sub- mission of said proposition, and said election shall be held by the officers and commissioners of election under the provisions of the law governing county elections, and said bonds shall not be issued under said proposition unless a majority of all qualified voters in said election shall be in favor thereof, the qualification of voters at said election to be the same as the qualification of voters for county officials; and Provided, that those voting in favor of the issuance of said bonds shall have printed on their ballots, 'Tor the issuance of bonds," and those opposed to said bonds shall have written or printed on their ballots, "Against the issuance of said bonds ;" and Provided, that the returns of said election shall be certified as required by law for the certification of county elections, and the result determined in the same manner ; and Provided fur- ther, that a failure to carry out the election for bonds herein shall not prevent the submission of another proposition under this Act, and that a substantial compliance with the provisions of this Act in regard to said election shall be sufficient, and no irregular- ity in said election shall invalidate the same. Said election commissioners as soon as practicable after said election shall have been held, will certify to the Quarterly County Court of said county either at a regular or special session thereof, the result of said election, and if it appears from such certificate that a majority of the votes cast in said election shall have been for the issuance of said bonds, then the court shall enter said certificate on its minutes and by resolutions, which shall also be entered on its min- utes, direct the issuance of said bonds in accordance with the provisions of this Act. Sec. 6. Be it further enacted, That it shall be the duty Intere8t and of the County Court and it shall have the authority to jinking fund levy a tax on the taxable property and privileges of said county for the purpose of paying the annual interest on 8aid bonds, and for the purpose of creating a sinking fund to pay said bonds when due, and the Trustee of said county shall collect and account for said tax and receive the same compensation therefor that ho is allowed by law for collect- ing: county tax, and the Trustee of said countv shall collect and account for the taxes herein authorized in the same manner as he is required by law to collect and account for — 1188 — other taxes, and shall receive the same compensation aa he receives for the collection of other taxes, and the County Court may, if it deems it proper, require said Trustee to give additional bond for the performance of his duties in accounting for and collecting said funds. Sso. 7. Be it further enacted, That this Act shall take effect from and after its passage, the public welfare requir- ing it Passed April 14, 1905. W. K ABERKTATHY, Speaker of the House of Representatives. E. RICE, Approved April 17, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 527. House Bill No. 825. AN ACT to authorize the Quarterly County Court of Maury County, Tennessee, to issue and sell coupon bonds to pay the present indebtedness of the county, consisting of bridge, courthouse, and other warrants, and also to pay for the erec- tion of its courthouse. ▲mount, timt mmSn*uoDt Section 1. Be it enacted by the General Assembly of el°- the State of Tennessee, That the County Court of Maury County, Tennessee, be, and the same is hereby, empowered at any term of the Quarterly Court to authorize and pro- vide for the issue of coupon bonds for the purpose of pay- ing off the outstanding indebtedness of the county, consist- ing of bridge, courthouse, and other warrants now out- standing, and also for the purpose of paying for the com- pletion of the courthouse now being erected, but said issue of bonds is not to exceed the sum of two hundred thousand ($200,000) dollars in the aggregate and to bear interest, not exceeding four per cent, payable semi-annually, and — 1189 — said bonds to be due and payable in not more than twenty years from date of issue, and to be sold for not less than par. Said bonds are to be signed by the County Judge or Chairman, and countersigned by the Clerk of the County Court of said county, and the official seal of the latter attached thereto, and said bonds shall recite on their face that they are issued in pursuance to this Act, and they shall not be issued for any other purpose than herein, expressed ; said bonds shall be numbered consecutively, and be for such amounts and payable in the lawful currency of the United States at such time not to exceed twenty years from the date of their issuance, and at such place as the Quarterly Court of said county may determine. Sec. 2. Be it further enacted, That upon the issuance Foroe Md of said bonds they shall be a binding and valid debt and b^j^8 obligation upon said county, and the said County Court shall levy and collect annually a tax for the purpose of Howl88ued- paying the interest on said bonds as it becomes due, and to create a sinking fund with which to pay off and retire the said bonds, when they become due. Said bonds shall each have attached to them coupons for the semi-annual interest upon the same for each of the years they have to run showing on their face the number and amount of the bonds to which they are attached, the amount of each semi-an- nual installment of interest on said bond and when the same shall be due, which coupons shall be signed in the same manner as said bonds, except that the seal of the County Court need not be affixed thereto, and the signature of the County Judge or Chairman and Clerk of the County Court may be lithographed on said coupons. Sec. 3. Be it further enacted, That the Quarterly Court of said county may from time to time take such steps and make such regulations as it may deem best looking to loaning out, securing, and investing and collecting the sinking fund herein provided for, to the end that the same may be applied to the purpose for which this is raised. Sec. 4. Be it further enacted, That said bonds shall be sold only for cash by and under the direction of the How disposed County Judge, County Court Clerk, and the County Trus- of- tee of said county, and the funds arising from the sale of Fulldg._how the same shall be paid into the hands of the said County disbursed. Trustee, who shall immediately advertise for four weeks for the holders of all outstanding warrants referred to in this Act to present said warrants at his office for payment, — 1190 — said date for payment to be not later than twenty daj3 from the last insertion of said advertisement, and if said warrants are not presented by said date then the interest on the same shall cease, the advertisement to be made in two newspapers published in said county. Before redi- viding the funds arising from the sale of said bonds ot from taxes for the payment of the same or interest there- .on the Trustee shall enter into bond in such sum as the County Court in quarterly session may determine, with good and solvent security to be approved by the County Judge, conditioned for the faithful keeping, disbursing, and accounting for said funds, and for the full perfor- mance of all his duties as such Trustee relative to said funds. Bond record to ^ec. *• Be *' further enacted, That the County Judge be kept. 0f gajd county shall keep in his office in a well-bound book a record of the number and denomination of said bonds issued under this Act and the aggregate sum theTeot which shall at all times be subject to inspection by the members of the County Court and the public. The whole amount of said bonds authorized to be issued under this Act need not be issued at one time, but may be issued in such sums and at such times as the Quarterly County Court may determine, but the total amount so issued is not to exceed two hundred thousand ($200,000) dollars. Sec. 6. Be it further enacted, That the said County Trustee shall keep a separate account of the special tax levied and collected under this Act, and after paying the interest on said bonds semi-annually he shall retain the remainder thereof each year as a sinking fund for the purpose of paying off and retiring said bonds. Sec. 7. Be it further enacted, That the County Judge Redemption, of county shall, within sixty days immediately preceding the maturity of said bonds or any of them, give no- tice to the holders thereof through some newspaper pub- lished in Columbia, Tennessee, for a period of thirty days, stating in said notice the number of said bonds and when they shall become due, and requesting that the same be presented for payment or redemption on said date at some bank in Columbia, Tennessee, and if said bonds are not presented for payment or redemption at the time and place so designated then the interest thereon shall cease. — 1191 — Sec. 8. Be it further enacted, That this Act take effect from and after its passage, the public welfare requir- ing it. Passed April 15, 1905. W. K. ABER^ATHY, Speaker of the House of Representatives. E. RICE, Approved April 17, 1905. Speaker of the Senate. JOHX I. COX, Governor. CHAPTER 528. House Bill No. 956. A BILL to be entitled An Act to incorporate the Town of Eliza- beth ton, Carter County, Tennessee, under the corporate name of Elizabethton, and to provide for the organization, pow- ers, and government thereof, and provide for the election of the necessary officers of said corporation. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Town of Elizabethton, in Carter County, and the inhabitants thereof, be, and are hereby, incorporated a body politic and corporate, under and by the style and name of the Mayor and Aldermen of Elizabethton, and shall have perpetual succession by the corporate name, may sue and be sued, plead and be im- pleaded, grant, receive, purchase, and hold real and per- sonal property, and dispose of the same for the benefit of the said town, and may have and use a common seal. Sec. 2. Be it further enacted, That the boundary and Bonndariet- limit of said corporation shall be as follows : Beginning in the center of Watauga River, just opposite the point where the public road comes to said river, just east of Mrs. Jane Thomas; thence down said river, with its meanders, to a point just opposite the north end of the line between the lands of the Co-operative Town Company and the origi- nal Colbaugh line ; thence with the old original Colbaugh — 1192 — line in a southerly direction to the southwest corner of Tract No. 2, according to Plat No. 3, of the receivers of the Watauga Land Company, recorded in book No. 15, page 575, of the Register's office, of Carter County, Ten- nessee ; thence with the south lines of Tracts Nos. 2, 9, and 12, according to said plat, to the Gap Creek Road ; thence in a southerly direction with the Gap Creek Road to the mouth of a street or lane leading to Highland Cemetery; thence with the south line of Highland Cemetery a straight course to the O'Brien line, between the lands of Johnson and O'Brien ; thence with said line to Doe River; thence same course continued, crossing the river to the public road leading from Elizabethton to Siam, just east of the C. P. Toncray residence; thence a straight line to the top of Lynn Mountain, just north of Col. C. P. Ton- cray's residence; thence a direct line to the beginning point. Sec. 3. Be it further enacted, That the said town, as w»rds. embraced in the corporate limits as herein set out, shall be divided .into four wards, with the lines bounding the wards run as near east and west as practicable from the corporate limits on the east to the corporate limits on the west, as follows: Ward No. 1. — Bounded on the north with Watauga River, and on the south by Broad Street and its continu- ations, the said lines to run from the corporate lines on the east to the corporate line on the west. Ward No. 2. — Bounded on the north by Broad Street, and on the south by E. Street and its continuation, said lines to run from the corporate line on the east to the corporate line on the west. Ward No. 3. — Bounded on the north by E. Street and its continuations, and on the south by Hattie Avenue to the intersection of the E. T. & W. N. C. R. R and the V. & S. W. R. R. ; thence through the Hart property to G. Street, then with G. Street to the corporate line on the west at Colbaugh's old line. Ward No. 4. — Bounded on the north by Hattie Avenue to the intersection of E. T. & W. N. C. R. R. and the V. & S. W. R. R., then through the Hart property to G. Street, and then with G. Street to the corporate line on the west ; on the south by the corporate line on the south side of said corporation, as herein set out, so as to have the lines running from the corporate lines on the east to the corporate lines on the west. — 1198 — Sec. 4. Be it further enacted, That said corporation powen of the stall have full power and authority : corporation. 1. To enact such laws and ordinances as may be neces- sary and proper to preserve the health, quiet, and good order of the town. 2. To prevent and remove nuisances. # 3. To establish night watches and patrols. 4. To ascertain when necessary the boundaries of streets and alleys, and to open, change, close, and widen streets or alleys. 5. To grant privileges in the use and enjoyment of the same. 6. To extend, establish, grade, pave, or otherwise im- prove, clean, and keep in repair streets, alleys, pikes, and sidewalks, and when necessary to remove trees or other obstructions from said streets, sidewalks, and alleys. 7. To assess property for taxes, or to levy or collect by proper officers taxes upon all real and personal property, polls, and privileges, taxable by the laws of the State. 8. To appropriate money and provide for the debts and expenses of the town. 9. To make regulations to prevent the introduction and spread of contagious diseases in the town, and to appoint a Board of Health for the purpose, and to enforce the same within one mile of the town limits. 10. To .erect, establish, and keep in repair bridges, culverts, sewers, and gutters within the town or immedi- ately connected with it. 11. To restrain and prohibit gaming, gambling, and houses of ill fame, and other disorderly conduct. 12. To prohibit indecent exhibitions. 13. To provide for the organization and regulation of fire companies, and the sweeping of chimneys. 14. To dig wells and cisterns, cover them and regulate their use, and erect pumps on the streets or public grounds. 15. To impose and collect fines and forfeitures for breaches and violation of its ordinances. 16. To prohibit the erection of wooden buildings in such part of town that may be deemed expedient, and at such fire limits that may be deemed advisable. 17. To provide for waterworks and lighting plants within or without the corporation, or to make contracts for lights and water for corporation purposes. — 1194 — 18. To establish a system of free schools and maintain them by taxation, and to regulate the said schools. 19. To regulate the storage of gunpowder and all other combustible materials, and the use of lights and stove- pipes in all stables, shops, and other places. • 20. To provide for the arrest and confinement until trial of all drunk or disorderly persons by day or by night within the town. 21. To regulate, tax, license, or suppress the keeping or going at large of animals within the town, or any desig- nated part of it, and to impound any animal or animals, and default in of redemption in pursuance of an ordinance to sell or dispose of the same. 22. To commit any person or persons who may fail or commit offend- refuse to pay or secure any fine and costs imposed upon them, or him or her, by any ordinance of said town to the jail or calaboose or workhouse of said town, until such fine or cost be fully paid or secured. Every person so commit- ted shall be required to work for the town as his or. her health will permit at such wages and under such regu- lations as may be established by ordinance, said work to continue until such fine or costs are fully paid. 23. Exclusively license and regulate billiard tables, bowling alleys, and other public resorts, as are authorized by the laws of the State of Tennessee, and to restrain and regulate the selling or giving away intoxicating, spiritu- ous, vinous, malt, or mixed liquors within the town ; Pro- vided* that it shall be unlawful for any person to sell or tipple any intoxicating liquors, including wine, ale, and beer, as a beverage in the Town of Elizabethton, within four miles of any schoolhouse, public or private, where a school is kept, whether the school be in session or not ; the Board of Mavor and Aldermen are authorized to make or- dinances for the punishment of any violation of the provi- sions of this section. 24. To pass all laws and ordinances necessary to en- force the powers granted not inconsistent with the Con- stitution and laws of the United States or of the State of Tennessee. Sec. 5. Be it further enacted, That the Election Com- ^w°anr niissioners of Carter County shall open and hold an elee- en held, tion in each of the four wards, at the most suitable place in said wards, on the second Thursday in May, of the year 1905, and every two years thereafter, after giving ten days' notice, for the purpose of electing a Mayor and five J — 1195 — persons to serve as Aldermen of said town. Also, on the same date, the said Election Commissioners shall hold an election for Justice of the Peace, to serve for the term of six years, and a Constable to serve for two years. Said Election Commissioners shall hold said election under and by virtue of the general election laws of Tennessee, and shall appoint the necessary officers to hold said election. All persons owning a freehold, or the assessed valuation of one hundred dollars in said town, or bona fide residents for three months preceding said election, who shall be qualified to vote for the members of the General Assem- bly shall be entitled to vote for Mayor and for one Alder- man in his ward, and for one Alderman for the corpora- tion at large, and for a Justice of the Peace and a Con- stable, and at all other general elections that shall be held by said Commissioners. Sec. 6. Be it further enacted, That the Election Com- certificates of missioners shall within three days after said election de- awarded, liver to the persons having the highest number of votes a certificate of their election, and the Mayor and Aldermen elect shall meet at the County Court Clerk's office, in the Town of Elizabethton, upon the presentation of the certifi- cate of election ; and the said Clerk, or some Justice of the Peace within said corporate limits, shall administer to them an oath of office to the effect that they shall faithfully demean themselves as Mayor and Aldermen during their continuance in office. Sec. 7. Be it further enacted, That said Mayor andTerml Aldermen and Constable shall be elected for the term of two years, and shall serve until their successors are elected and qualified, and in case the election should not be held on the date mentioned in this Act, it shall be legal to hold said election on any subsequent date upon ten days' notice. Sec. 8. Be it further enacted, That in case of a va- vacancies, cancy in the office of Mayor or Alderman or corporation Constable the same may be filled by the Board of Mayor and Aldermen. Three Aldermen shall constitute a quo- rum to transact business. Sec. 9. Be it further enacted, That the Town of Eliz- s^^wad abethton is hereby created a special road district, to be worked under the orders of the Mayor and Aldermen, and the County Trustee of Carter County is hereby required to keep a separate account of all road taxes collected by him on the property and privilege of said town, to pay 6c finds. — 1196 — over to the Recorder or Treasurer of the town, on a war- rant drawn by the Mayor, and such warrant will be i good voucher to the Trustee in his settlement with said County Court. The funds so paid over by the Trustee shall be used by the Council in opening, improving, and repairing and constructing foot pavements, sidewalks, and the streets of the town. Sec. 10. Be it further enacted, That the Town of Elizabethton is hereby created a special School District and that the public or common school of said town shall be managed and controlled by said Board of Mayor and Al- dermen as directors control the same in districts under the general laws of the State. Said Mayor and Aldermen shall have all the powers and perform all the duties now required and allowed by the laws of the State in reference to public schools, and be under the supervision of the County and State Superin- tendents as School Directors for districts under the gen- eral laws of the State. The general laws of the State in regard to public or common schools shall apply to the Town of Elizabethton as far as the same are not modified herein. The County Trustee of Carter County is hereby re- quired to pay over on the warrants issued by order of said Board of Mayor and Aldermen the school fund collected by him, on the property, polls, and privileges within the corporate limits of said town, to be used by the said Mayor and Aldermen as heretofore directed and provided, and also to pay over to an account of said town the pro rata of the common or public school fund that shall come into his hands from the State of Tennessee, according to the scholastic population of said town, and as the same is paid to other directors of the county. The County Court Clerk of Carter County will report to the County Trustee the amount realized by him for school purposes from mer- chant and privileges within the limits of said town, such amounts shall pass or be placed to the credit of said May- or and Aldermen by the Trustee as in a case of polls and property taxes paid the Trustee for school purposes as above provided. The said Board of Mayor and Aldermen shall be a body corporate in like manner as District School Directors are under the tjrreral laws of the State ; Provided, said School District shall be and remain coextensive with the corpor- ate limits of said town, but no larger. — 119T — Sec. 11. Be it further enacted, That the Mayor of Duties of said town shall preside at all the meetings of the Board M*yor* of Aldermen; shall take an oath of office, call special meetings of the Board when deemed expedient, see that the corporate laws and ordinances are duly enforced, issue corporate warrants on the Treasurer when so ordered by the Board, make such reports to the Board as shall be directed by ordinance, appoint person or persons to act as City Marshal till the meeting of the Board, in the absence, resignation, or sickness of the regular corporate officers; and shall appoint special policemen to assist the City Marshal, when in his opinion the occasion requires it. Said Mayor shall also be Kecorder ex officio, and shall perform all the duties pertaining to the office of Recorder, and shall enter into bond to be approved by the Board of Aldermen payable to the Board of Mayor and Aldermen of Elizabethton in such sum as the Board may prescribe, conditioned upon the faithful collection and accounting for all moneys, fines, and forfeitures as required by law. Sec. 12. Be it further enacted, That said Mayor, asM totry ex-officio Recorder of said corporation, shall be invested offenders, with full power and authority to try all offenses for viola- tion of the ordinances and laws of the corporation and in- vested with concurrent jurisdiction with Justices of the Peace in all cases of violation of the criminal laws of the State and ordinances of the corporation of Elizabethton within the limits thereof, and in case of violation of the State laws shall be entitled to the same fees that a Justice of the Peace receives for like services. Sec. 13. Be it further enacted, That the said Mayor as ex-officio Recorder shall keep the minutes of the meet- Keep record, ings of the Board, and shall collect all fines assessed, also all merchants' privileges, and ad valorem taxes, and all the judgments rendered against all violators of corporate ordi- nances and their sureties, and shall be empowered to issue executions thereon and collect such penalties as Justices of the Peace are authorized in judgments rendered by them. He shall also render such reports as the Board may re- quire. Sec. 14. Be it further enacted, That the M&yor as ex-officio Recorder shall have power and authority to commit to the calaboose or county jail or workhouse those convicted of the violation of corporate ordinances, who fail or refuse to pay or secure the fine and costs assessed — 1198 — by the Kecorder, said offenders be disposed of as provided in Section 4 and Sub-section 22 of this Act. Sec. 15. Be it further enacted, That the Board of Mayor and Aldermen may provide by ordinance for the election of a Kecorder, who shall perform the duties and assume the responsibilities of said office as hereinbefore set out. Said Kecorder to be elected by said Board of Mayor and Aldermen, and shall hold his office for the term of two years, and until his successor is elected and qualified. Treasurer. Sec. 16. Be it further enacted j That the Mayor and Aldermen shall also elect a Treasurer, who shall hold his office for two years, or until his successor is elected and qualified, who shall take an oath of office for the faithful performance of his duties as Treasurer of said corporation, and shall make bond, payable to the Mayor and Alder- men, and to be approved by the said Mayor and in such sum as the Board may prescribe, conditioned upon the faithful performance of his duties as Treasurer in the col- lection and accounting for all moneys coming into his hands as such Treasurer. Sec. 17. Be it further enacted, That it shall be the duty of the Treasurer to receive from the Recorder and other persons having corporate funds all moneys belonging to said corporation, and shall pay out corporate moneys only on warrant issued by the Mayor, and shall make such reports of the same as the Board may order. Sec. 18. Be it further enacted* That Mayor and Al- Marshai, term, dermen shall also elect a City Marshal to hold hia office for lto.B ° °n' the term of two years, or until his successor is elected and qualified, who shall make bond payable to the Mayor and Aldermen, to be approved by the Mayor, and in such sum as the Board may provide, conditioned upon the faithful performance of his duties as Town Marshal He shall also take an oath that he will faithfully discharge the duties imposed upon him by the laws and ordinances of said corporation and the laws of Tennessee, said oath to be administered by the Mayor. The official authority of said Marshal shall extend one mile without the corpo- rate limits for the purpose of executing process, both cor- porate #nd criminal. Sec. 19. Be it further enacted. That it shall be the eB* duty of the Town Marshal to arrest all violators of the or- dinances and laws of said corporation, and bring them be- fore the Recorder for trial or take bond for their appear- — 1199 — ance before the Keeorder for trial in the sum of two hun- dred and fifty dollars ($250.00), payable to the Board of Mayor and Aldermen, or in case of arrest for drunken- ness, or in their case of their inability to furnish bail for their appearance before the Recorder, he shall commit said offenders to the jail or calaboose to be brought in a rea- sonable time before the Recorder for trial. He shall have power to arrest without warrant those violating the city ordinances within his sight and hearing. He shall also be charged with the execution of process, civil or criminal, and shall have power to execute State warrants or other process as Constables have under the laws of the State, and shall also be chief of police, and he shall perform such other duties of said corporation as may be provided by ordinance. Sec. 20. Be it further enacted, That the Mayor and Aldermen shall serve without compensation, and that the compensation of th§ Recorder and Town Marshal shall be fixed by ordinance of the corporation, which salary shall be fixed before their election to said offices, and shall not be changed during their term of office. Sec. 21. Be it further enacted, That the Mayor and Board m*v re- Aldermen shall have full power and authority to dismiss ° eo oeM* or remove any officer or agent appointed or elected by them for any incompetency or violation, neglect, or disre- gard of the duties imposed upon them by the laws and or- dinances of said corporation, or for any misconduct in office, and a majority of the Mayor and Aldermen acting affirmatively can effect such dismissal, a majority of the Mayor and Aldermen can also remove one of their own number for any misconduct in office, if voting affirma- tively, and in such proceeding Aldermen on trial shall be incompetent to vote, and they shall take a special oath for the trial of their members. Sec. 22. Be it further enacted, That no appropriation of money or order involving it to the amount of twenty- A{$ ^SSSSf101* five dollars ($25.00) or over shall be made unless the or- dinance authorizing it to be read once at two separate , meetings and passed on second reading by a majority of said Board. All appropriations and sums of less than $25.00 may be made at one meeting and on one reading. Sec. 23. Be it further enacted, That the Mayor and Aldermen shall have the power to collect and assess the corporate taxes, either through their own officers or the — 1200 — county officials exercising such duties, as they may pre- scribe by ordinance. Sec. 24. Be it further enacted, That the Mayor and Aldermen are expressly forbidden from making any ap- propriations of money or credit in the way of donations for festivities, pageants, excursions, or parades, nor shall said municipality be authorized to subscribe stock in any railroad company or any other corporation, or give or lend any money, aid, or credit to any person or corporation whatever, and said municipality is forbidden appropriat- ing money for any purpose not strictly municipal. Sec. 25. Be it further enacted, That the Mayor and Aldermen are hereby prohibited from levying a higher tax than is levied by the State and county, for all corporate purposes. Sec. 26. Be it further enacted, That every warrant drawn upon the Treasurer shall show upon its face for what purpose it is issued. Sec. 27. Be it further enacted, That no levy of taxes shall be made until a report of the town's finances shall be made to the Board by the Mayor or Recorder from the corporate books. Sec. 28. Be it further enacted* That in the absence, incompetency, or sickness of the Mayor that the Alderman elected by the town at large shall perform all the duties of said Mayor, and shall be clothed with all his powers, and in the absence, incompetency, or sickness of the Recorder the Mayor shall perform the duties of the Recorder, or he may appoint some one to perform said duties from the Board of Aldermen. Sec. 29. Be it further enacted, That at the expiration of the terms of office of the Recorder and Treasurer they shall deliver to their successors in office all books and papers belonging to the corporation, and also make a final settlement with the Mayor and Aldermen, and pay to their successors all moneys in their hands belonging to said corporation, and on failure to pay over the same or make settlement and payment shall be liable to motion on their bonds for the amount due, with fifteen per cent penalty and interest, motion to be made in the name of the Board of . Mayor and Aldermen. iunuf»oturinK Sec. 30. Be it further enacted, That said Board of mJ^beYx'- Mayor and Aldermen may, if they deem it expedient, emptfrom exempj. from taxation for a limited period, not exceeding five years, corporations, companies, or individuals com- — 1201 — trancing the business of manufacturing in said town, 7hich employs as many as ten (10) employes, and which uns as many as nine months in the year, but no order eleasing said corporation, company, or individual from axation shall be effective until it shall have been passed >n first and second reading at two meetings. Sec. 31. Be it further enacted, That the Board of tfayor and Aldermen shall have1;he power and authority o pass all by-laws, ordinances, and regulations, not incon- istent with the laws, Constitution of the United States, aid State of Tennessee, as they may deem necessary and jxpedient to properly carry into effect the provisions of his charter. Sec. 32. Be it further enacted, That the Mayor and >ne Alderman shall be elected by the qualified voters of the corporation at large, and each ward shall elect one Alderman, who shall be a bona fide resident of the ward from which he shall be elected. Sec. 33. Be it further enacted, That the voters of the respective wards be required to vote in the wards in which they live, and that nonresidents shall vote in the ward in which they own property, and if they own property in more than one ward they can select the ward in which they desire to vote. Sec. 34. Be it further enacted, That this law shall take effect from and after its passage, the public welfare requiring it. Passed April 13, 1905. W. K ABER1STATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 17, 1905. JOHN I. COX, Governor. 76 — 1202 — Boundaries. CHAPTER 529. House Bill No. 777. A BILL to be entitled An Act to incorporate the Town of Oneida, In Scott County, Tennessee, as a municipality, and to define its rights and powers, etc., and to establish and maintain a separate School District in said town, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Town of Oneida, in Scott County, and the inhabitants thereof, are hereby constituted a body politic and corporate, by the name and style, the Town of Oneida, and shall have perpetual suc- cession ; that by this corporate name and style it may sue and be sued, contract and be contracted with, grant, re- ceive, purchase, and hold real, mixed, and personal prop- erty, or sell or dispose of the same for the benefit of said town, and may have and use an official seal. Sec. 2. Be it further enacted, That the boundaries of said town, hereby incorporated, shall be as follows: Be- ginning at a stake or stone in the center of the public road, at the forks of same and in front of the Oak Grove school building; thence west with the public road to James Smith's northwest corner; thence southwardly with his line to R. Orick's line, and with his west line to J. T. Smith's west line, and with same to G. W. Cecil's north- west corner, and with his west line to a hickory corner, between the said G. W. Cecil and John Carson, Jr.; thence a direct line southwardly to a point where the said John Carson, Jr., line goes to Pine Creek, the same be- ing a corner on the north bank of said creek between the said John Carson, Jr., and J. V. Bilbery; thence south- wardly, crossing said creek with J. V. Bilbery's line to J. G. Smith's line; thence with J. G. Smith's northwest line to John L. Smith's northeast corner and with his north line to Marcum's heirs' line; thence with their line northwardly to a point near the top of the ridge, their corner : thence westwardly with their line and W. H. Marcum's line to a corner, two chestnut oaks on top of a ridge in J. C. Reed's line, and with the said — 1203 — Reed's and Marcum heirs' line to a corner between W. F. Thomas and said Marcum ; thence continuing with the line of Marcum heirs' and said W. F. Thomas and C. F. Keen- ton's north line to the nearest point in the said Marcum heirs' line to the southwest corner of C. Cross, a set stone ; thence a direct line from said nearest point in Marcum heirs' line to said Cross' southwest corner, a set stone; thence with his south line eastwardly to a black gum, a corner between J. W. Smith, James Carson, Jr., and C. Cross ; thence eastwardly with J. W. Smith, James Carson north line, crossing the Tennessee Ry., to a white oak on top of a ridge, the same being a corner of John Carson, Jr., and Johney Carson and J. W. Smith; thence north- wardly with J. Smith's and John Carson, Jr.'s line to Savannah Litton's line, and with her line and John Car-* son's, Jr., line to a corner in said line at a branch, the same being a corner of R. D. Muses ; thence with the said R. D. Muses' line and John Carson, Jr.'s line to a chest- nut on the south of the Oneida and Buffalo Road, said John Carson, Jr.'s corner ; thence with the east and north- east line of the Oadum tract to J. X. Stedham's line, and with his southwest line northwardly to his corner in the. southeast line to the C. S. Ry. Co.'s right of way (or C, X. O. & T. P. Ry.) ; thence with the line of the said rail- road company's right of way, along the southeast side of said railroad company's right of way, to a stake opposite the mouth of a land and railroad crossing, about 300 feet southeast of the residence in which W. T. Stedham now lives; thence northwardly across said C, N*. O. & T. P. Ry. to a stake at said W. F. Stedham's barn ; thence northwest- wardly a direct line to a stake at Ewell Litton's barn; thence a direct line to a stake at the north end of G. W. Stephen's residence, then a direct line to the beginning, including all land and property and persons in the above boundary. Sec. 3. Be it further enacted, That the first general Flntetootion election for Mayor and Aldermen under this Act shall be held in said Town of Oneida on the first Tuesday in June, said election shall be opened and held by officers of elec- tion appointed by the Election Commissioners for Scott County, Tennessee, immediately after the passage of this Act, said Election Commissioners shall give notice of said election, and the place where it shall be held, by written or printed notices, published in at least five public places Returni. Oath of office. — 1204 — in said town ; or they may give said notice by publication in a newspaper published in said town. Said election shall be governed by the same rules gov- erning the election in this State of State and county of- ficers ; any person who is a qualified voter for members of the General Assembly, under laws of Tennessee and Scott County, and who shall have been a resident of said town for sixty days preceding said election, and who is other wise a qualified voter under the laws of this State, shall be entitled to vote in said election. At said election there shall be elected a Mayor and three Aldermen. The offi- cers holding said election shall at once make and certify to copies of the poll sheet and the result of said election, showing the names of the candidates and for what offices • they were voted for, and the number of votes received by each. One copy shall be delivered to the Election Commission- ers, and the other to the person receiving the highest num- ber of votes for the office of Mayor. The candidate receiv- ing the highest number of votes for the office of Mayor shall be the Mayor of said town, and the three candidates receiving the highest number of votes for Aldermen shall be the Aldermen of said town, until their successors are elected and qualified, as hereinafter provided; Provided. that no person shall be elected to the office of Mayor or Alderman of said town unless at the time of their election they are qualified voters in elections in said town. If there shall be a tie between two or more candidates for Mayor, or two or more candidates for Alderman, the re- maining number of the Board of Mayor and Aldermen elect shall settle said tie or controversy by a majority vote at their meeting. Sec. 4. Be it further enacted, That the Mayor and Aldermen before entering upon their duties shall take and subscribe to an oath before some one authorized to admin- ister oaths, that they will honestly and faithfully dis- charge the duties of their offices without partiality, favor, or affection. Sec. 5. Be it further enacted, That said Mayor and Aldermen shall, on the first Thursday after their election, organize and shall hold their offices for a term of two years and until their successors shall be elected and qualified. Any vacancy occurring, either of Mayor or Aldermen, whether by death, resignation, or removal, shall be filled — 1205 — by the remaining members of the Board by electing some one to fill the unexpired term. Sec. 6. Be it further enacted, That on the first Tues- Regular eiec- day in May, 1907, and every two years thereafter, an elec- * on8, tion shall be held in the Town of Oneida for the election of a Mayor and Board of Aldermen provided for under Section 3 of this Act ; Provided, that the Board of Mayor and Aldermen shall have a right to make such regulations as they may deem best touching the manner of advertising and holding same, which regulations shall not be in con- flict with the general laws of the State ; Provided, that a failure to hold said election at the stated shall not operate as a forfeiture of this charter, but the Board of Mayor and Aldermen may be required to perform such duties as may be necessary for the holding of said election by man- damus in any court having jurisdiction of the matter and parties. Sec. 7. Be it further enacted, That the Mayor andPowergof Board of Aldermen of the Town of Oneida are hereby em- Board- powered : 1. To enact such by-laws and ordinances as may be necessary and proper to the preservation of the health, quiet, peace, and good order of said town, including such quarantine regulations, not to exceed one mile outside of the town limits, as occasion may require. 2. To declare what is a nuisance, and to prevent and remove the same. 3. To annually levy and collect taxes upon all property within the corporate limits taxable by law for State pur- poses, and to levy and collect a poll tax on all persons within the corporate limits subject to a poll tax to the State; Provided, that no levy for general purposes shall exceed one hundred cents on each one hundred dollars of taxable property, and shall not exceed two dollars on each poll; and Provided further, that no less than one-half of all fees, fines, and forfeitures arising from levies made under this sub-section shall, at the time they are made, be appropriated by the Mayor and Board of Aldermen for the use and benefit of the Oneida High School, hereinafter created, and collected and turned over to the Treasurer of the Board of Directors of said school, to assist in run- ning the same ; Provided further, that before any Board shall make a tax levy for general corporate purposes, which shall be made annually, they shall first make record on their minutes an estimated list of expenses for the Workhouse. — 1206 — coining year, to which reference shall be had in making the levy. 4. To appropriate money and provide for the debts and running expenses of the town, and for the purpose of pay- ing outstanding obligations created for the necessary run- ning expenses of the town. 5. To license and tax all privileges taxable by the laire of the State, and which under the laws of the State are authorized to do business in town. 6. To regulate and suppress gaming, gambling houses. disorderly houses, bawdy houses, and houses of ill fame, or assignation houses, and all houses where one or more men and women meet for lewd purposes, or for prostito- tion or adulterous cohabitation, and they shall have power to declare all such places nuisances, and to abate as such and to oust and punish such persons so offending by fine or imprisonment or both. 8. To suppress and prevent the carrying of concealed weapons, or the sale of the same. 9. To 'regulate the sale, storage, and use of firecrack- ers, and all other fireworks, toy pistols, explosives and combustibles. 10. To impose fines, forfeitures, and penalties for the breach of any ordinance adopted under this Act, and to provide for their recovery, and the arrest of any party or parties breaching said ordinances, and to provide for the sentences of imprisonment in the town workhouse; Pro- vided, that no fine shall exceed fifty dollars, and no sen- tence of imprisonment more than three months. 11. To erect and keep a town prison or calaboose in which to confine all parties violating the town ordinances, under such regulations as they may by by-laws or ordi- nances adopt; Provided, that they may use the county jail at Huntsville, Teimessee, for such purposes by paying the lawful fees to the Sheriff or Jailer of said county. 12. To erect and organize a workhouse in or near the said town, and to provide for committing and working in said workhouse or on the public streets, or town works, of any person who shall fail to pay or secure the fine and cost assessed against them for the violation of any ordi- nances, or who for any such violation may be sentenced to the said workhouse, and to provide for the management and control of the same. 13. To regulate or prohibit dogs or other animals from running at large on the streets of said town. — 1207 — 14. To designate in said town certain districts as fire imits, and to provide for the character of houses to be milt in said limits, and to regulate the same. 15. To pass all ordinances necessary for health, peace, onvenience, safety, and good order of the town, and for he suppression and prohibition of any and all acts and hings made criminal by the laws of the State, and to >rovide a punishment for a breach of same. 16. To grant rights of way through and over the streets md alleys of said town to railways and other corporations. 17. To condemn and take, use and appropriate any pround necessary to widen or extend its streets, avenues, md alleys, but it shall pay the owner of said ground the tctual damages done, taking into consideration the im- nrovements thereon. 18. To keep up the streets, alleys, and sidewalks of the own, and to fix the grade of the same; to open, abolish, viden, or extend the same, and to pass all necessary or- linances, requiring the owners of lots to make brick, stone, »r plank sidewalks in front of their property along any treet, and, if the owner refuse, to provide a remedy and rreate a lien on said property for same. The Town of >neida shall receive all road tax that the district herein ncorporated is entitled to under the law. 19. To prevent engines, trains, wagons, or any other obstructions from blocking the streets of said town, to egulate their speed, and the speed of horse, men, buggies, rad vehicle through said town. 20. To make suitable regulations for the preservation >f life and property from fire or other casualty. 21. To provide for the organization and regulation of Ire companies, either voluntary or otherwise. 22. To provide for a system of fireworks and for the nanagement and control of the same. 23. To provide for a system of waterworks and its con- m t ixxLJj. -j. »x Waterworks rol ; to erect hydrants, pumps, cisterns, or reservoirs ; to ay pipes for distributing water over the town, and keep he same in repair; to subscribe, purchase, or own stock n water companies in said town ; and generally to do all hings necessary to procure and maintain a system of waterworks for said town for domestic, mechanical, cor- H>rations, or other purposes, and to regulate and fix the >rice thereof to private individuals, or corporations, or o others. — 1208 — Lighting. 24. To provide a system of lighting, for the purpose of lighting the streets, alleys, and public buildings and places in said town, and for the purpose of furnishing lights far the inhabitants of said town, and generally to do any and all things necessary to provide a lighting system for said town and its inhabitants, and to regulate an£ fix the price to be paid therefor by private individuals. 25. To pass and enforce all ordinances that may be nec- essary to effect and carry out this Act, and for all pur- poses, for the good health, good government, and genenl welfare of the town and inhabitants thereof; Provided, that the Mayor and Board of Aldermen may by by-laws fix the number of times of readings of all resolutions, ordi- nances, etc, which shall be passed by them before becom- ing effective, not less than one nor more than three, and by by-laws provide that no publication other than spread- ing the same on the minutes of the Board shall be re- quired to make effective any ordinance, resolutions, or other proceedings. 26. To pass all ordinances necessary for the suppres- sion of the manufacture or illegal sale of intoxicating liquors or beverages. Mayuiue ^ec. &m Be *' further enacted, That the Mayor and bonds. the Board of Aldermen are hereby authorized to contract indebtedness on behalf of the town and upon the credit thereof by issuing bonds of the town and disposing of them for the purpose of obtaining money for any of the following purposes: PurpoMt. 2. To build and operate a system of waterworks for said town. 2. To build or repair the streets or sidewalks in the town. 3. To provide for the lighting of the streets. 4. To build school buildings and to carry on a school of high or common grade; Provided, that the bonds so issued for all purposes shall not aggregate more than twenty per cent of the taxable values of said town, as shown by the town tax book ; Provided further, that no bonds shall be issued until after two-thirds of the voters of said town shall approve the same by a two-thirds vote at an election to be held for the purpose, after a thirty days advertise- ment of a proposition to issue bonds by the Mayor; Pro- vided further, that said bonds shall not run for a shorter term than ten years, and shall not bear a greater rate of interest than six per cent The Mayor and Board of — 1209 — ildermen shall have power to pass and enforce all ordi- ances necessary to carry out the purposes for which said ends were issued, and may create any and all necessary Joards of Trustees or Commissioners, and pass ordinances, efine their duties, and enumerating their powers. When- ver any bonds are issued under this Act, the Mayor and Joard of Aldermen shall levy a tax to pay the annual in- erest accruing on same, and shall erect a sinking fund o pay said bonds' maturity. This power to levy and col- pct taxes is in addition to the powers enumerated in the bregoing section of this Act. Sso. 9. Be it further enacted, That upon the organi- officers to be ation of the first Board and all Boards thereafter, or Board. by is &oon thereafter as practicable, the Mayor and Board of Wdermen shall elect a Town Recorder, a Town Treasurer, md a Town Marshal, and shall provide for the compensa- ion cf said officers. No person shall be eligible to any of diefe offices unless at a time he would be eligible to the office of Mayor. They shall also, upon their organization i)f The first Board, elect three qualified voters in said town, vrho can read and write, as Town School Directors, one of whom shall hold this office for one year, and one for two years, and one for three years, and annually there- after they shall elect one member of said Board for a term of three years. They shall also from time to time appoint all necessary committees to carry out the provi- sion?, of the charter, and all ordinances passed by them hereunder, and shall fill all vacancies in the offices stated at the time they occur. Sec. 10. Be it further enacted, That the compensa- tion of the Mayor shall not exceed twenty-five ($25) dol- comoematioD, lar3 per annum, to be fixed by the Board of Aldermen. S?Mayor* He shall preside at all meetings, and in his absence the Recorder shall preside. He shall see that all by-laws and ordinances of the town are carried out and enforced, and shall have such other powers and perform such other duties as the Board may from time to time grant and impose ; and in the absence, inability, or incompetency of the Recorder he shall have all criminal jurisdiction here- after given to the Recorder of the town for violation of the ordinances of the criminal laws. Sec. 11. Be it further enacted, That the Recorder T£JJ£j*£i shall hold his office for a term of two years and until his duties successor is elected and qualified, unless he is sooner re- moved by the Board for a good cause. He shall try of- — 1210 — fenders brought before him for a violation of any of the town ordinances, and he shall have, and is hereby given all the rights, authority, duties, powers, and jurisdiction in all cases, both criminal and civil, that Justices of the Peace in Scott County have or may have, and for his service in all cases, including cases for violation of all ! of the town ordinances, he shall receive such fees as the Justice of the Peace receives for similar cases. He shall keep a Recorders docket, such as is kept by the Justice of the Peace and in the same way. He shall keep his corporation cases on a page of said book to themselves. He shall be the Town Tax Assessor and the Tax Collector as herein stated. He shall, before entering upon his duties, give a bond in such amount and conditions as the Board shall prescribe, and take an oath to faithfully discharge his duty. He shall draw all orders when directed by the Board on the city treasury, disbursing the funds of the town. He shall settle with the Town Treasurer as often as the Board may prescribe, but not less than once in every three months, and shall have such other powers and do and perform such duties as the Board may from time to time grant and direct. DutiMof ^EC" ^' ^G ** further enacted, That the Town Mar Manh«i. shal shall be the criminal officer of the town and the Chief of Police. He shall hold his office for a term of two years and until his successor is elected and qualified, unless soon- er removed by the Board. He shall arrest all persons vio- lating any of the criminal laws of the State or ordinances of the town, and take them before the Recorder or some one else authorized by law for trial or examination. When in his judgment it is necessary he shall have power to confine any one arrested in the jail or town calaboose. He shall have all the power, authority, duty, and juris- diction within the corporation limits of the town as to all process, criminal or civil, that Constables have, or may from time to time have, and his criminal jurisdiction and authority shall extend one mile beyond the town limits. He shall have all such authority and do and perform all such other duties as the Board may from time to time grant and direct. Before entering upon the discharge of his dutie« ],e slia]l give bond in such amoimt and such con- ditions as the Board may prescribe, and shall take an oath to perform the duties of his office. Treasurer, and Sec. 13. Be it furth e r enacted, That the Town Treas- hii duties. urer gjla|j ^ tjie f;nancjai agent 0f the town and the cus- — 1211 — todian of the funds. He shall hold his office for two years and until his successor is elected and qualified, unless he shall sooner be removed by the Board. He shall, before entering upon the duties of his office, give bond in such sum and condition as the Board may prescribe. He shall take an oath to faithfully perform the duties of his office. He shall have such, authority and perform such acts as the Board shall prescribe ; Provided* that the Board may impose the duties of Treasurer on the Recorder, if they see proper. Sec. 14. Be it further enacted. That there shall be Equalization a Board of Equalization composed of the Mayor and two *oararts of laws in conflict with this Act are hereby repealed. Sec. 20. Be it further enacted. That this Act take jffect from and after its passage, the public welfare re- quiring it. Passed April 14, 1905. W. K ABERNATTIY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 17, 1905. JOHN I. COX, Governor. — 1214 — Election— amount of bonds. Ballots. CHAPTER 530. House Bill No. 656. AN ACT authorizing White County, Tennessee, to issue bonds for the building of turnpikes and improvement of the pub- : lie roads in said county, upon an affirmative vote by the people, and to regulate the same, and to levy a tax and create a sinking fund for the same, and for the appointment and payment of Commissioner* and regulation of same. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That within twelve months from the passage of this Act the Commissioners of Election for White County, Tennessee, shall order an election in said county, giving at least twenty days' notice of the same by publication in some newspaper published in said county. The said election to be held by officers appointed for that purpose in each Civil District of said county for the pur- pose of determining whether the qualified voters of said county are in favor of the issuance of coupon bonds not to exceed sixty thousand ($60,000) dollars for the pur- pose of building turnpikes and the improvement of the public roads of said county, and each voter who is a quali- fied voter at the date of said election to vote for Repre- sentative in the General Assembly of Tennessee shall be qualified to vote at said election, and shall put on his bal- lot "Tor turnpikes" or "Against turnpikes," and a ballot "For turnpikes" shall be counted a ballot for the issu- ance of said bonds, and a ballot "Against turnpikes" shall be counted a ballot against the issuance of said bonds. The Commissioners of Election shall make returns of the same to the Judge of the County Court, and at its next quar- terly session after such election, or at a special session that may be called for the purpose, the votes shall be counted and the result declared by said court; that thereupon, if a majority of the votes cast are "For turnpikes," the said County (?ourt shall order an issuance of the bonds of the county in the amount of sixty thousand ($60,000) dollars in denominations of not exceeding one thousand ($1,000) dollars each, payable in lawful money of the United — 1215 — States. Said bonds shall be redeemable in amounts and it times as follows — to wit: Thirty thousand ($30,000) dollars after the expiration >f ten years, and not to bear in any event a greater rate >f interest than five per cent per annum. Thirty thou- land ($30,000) dollars after the expiration of twenty rears, and not to bear in any event a greater rate of in- terest than five per cent per annum. Interest on the bonds shall be payable annually on the <» arst day of July of each year. Sec- 2. Be it further enacted, That said bonds shall t>e signed by the County Judge of White County, Ten- How *ign**- nessee, and countersigned by the Clerk «f the County Court of said county with his official seal affixed to the 3ame, and shall be numbered in the order of issuance, be- ginning with number one. Sec. 3. Be it further enacted, That each of said bonds intere§toou- shall have attached to it the coupons for the annual ill- P°n,attocbed* terest upon the same for each of the years the said bonds are to run, showing the amount of each annual install- ment of interest on said bonds and when the same shall fall due, which coupons shall be signed in the same man- ner as the bonds, except that the official seal of the Clerk of said Court need not be affixed to said coupons; the Sftid coupons, however, to show on their face the number and amount of the bonds to which they are attached. The bonds and coupons herein provided for, when due and paid off by the Trustee or Tax Collector, shall be by said Trustee or County Tax Collector canceled by stamping or writing on the face thereof the date received and paid, and held by him as his voucher for the payment in his settlement with the Judge or Chairman of the County Court, who will preserve said coupons as a part of the records of his office until such time as the same may be ordered destroyed by the said County Court. Sec. 4. Be it further enacted, That it shall be the interest and duty of said Quarterly Court of said county to levy a t£klng fun* tax annually on the taxable property of said county suffi- cient for the purpose of paying the annual interest on said bonds, and also for the purpose of creating a sinking fund for the redemption of the bonds herein authorized, when the same shall fall due, in such sums as the County Court may determine. The Clerk of the County Court shall keep in a well-bound book in his office a record of the number and denomination of all the bonds issued under — 1216 — Duties of Traitc* Notice of redemption, this Act, and the aggregate sum thereof, which at all tima shall be subject to inspection of said county and the pub- lic. Sec. 5. Be it further enacted; That the County Trus- tee shall collect and account for the tax herein authorized in the same manner as he is now required to collect and account for other county taxes, and he shall receive die same compensation as for collecting and accounting far; other county taxes, etc. ; and said County Court may re- quire said Trustee to give an additional bond for the faithful performance of his duty in collecting and account- ing for such funds raised for the purpose of the payment of interest on,said bonds and for creating a sinking fund for the redemption of the same. Sec. 6. Be it further enacted, That the Judge of the County Court of said county shall, within the last sixty days immediately preceding the maturity of said bonds, give notice to the holder or holders of the same, through a newspaper published in said county, for a term of thirty days, stating in said notice the date that said bonds fall due and requesting that the same be presented for pay- ment or redemption on the said date of maturity, and if the said bonds be not presented for payment at maturity, then the interest thereon shall cease at that date, and when said bonds or any of them are paid and returned as herein set out, the Trustee or Tax Collector shall, upon settlement with the Judge of the County Court, have credit thereon on account of said sinking fund tax. Sec. 7. Be it further enacted, That said bonds shall not be sold by the Commissioners hereinafter provided for for less than their par value. ■ Sec. 8. Be it further enacted, That for the purpose Turnpike Com- °f carrying out the purposes of this Act and the will of Slppofnted! ^e People voting for turnpikes and the improvement of the public roads in said county, the Judge of the Court of said county shall appoint three Commissioners, which appointments shall be approved by the County Court, and said three Commissioners to be residents and citizens of White County, Tennessee, and none of whom shall be members of the County Court, who, by virtue of their appointment and election, shall be authorized to employ engineers and other necessary expert service to survey, in- spect, change, and classify said public roads and to make charts and maps showing the changes and improvements, and what turnpikes the public interests require to be — 1217 — made, said improvements to include grading, filling, met- aling, ditching, widening, macadamizing, bridging, drain- ing, piping, and other necessary improvements in con- structing said roads, and said Commissioners shall make a record in detail of the probable cost of making such im- provements; that specifications shall then be made for work to be done in the improvement of said roads and building of such turnpikes in said county as may be determined upon by said Commissioners; and said Commissioners shall then advertise for bids on said work as a whole, or in sections and parts, and award the same to the lowest responsible bidder or bidders, but no bids shall be accept- ed which are higher than the estimated price fixed in the detailed record made by said Commissioners ; and said Commissioners may employ engineers or other necessary aid to supervise and superintend the work. All work shall be done subject to the inspection of the Commissioners or engineers, or assistants employed by them. The. work done according to the specifications laid down shall be approved and accepted .by the Commissioners, and the work not so done shall be disapproved and rejected by the Commissioners. The said Commissioners shall require good and solvent bonds of all contractors. Sec. 9. Be it further enacted, That the said Commis- sioners shall make report to the County Court at each quarterly term showing the progress of such improvements in detail, and at the completion of the work shall make final report to said court. Sec. 10. Be it further enacted, That said bonds, when ^ZfiSJE* issued by the Judge and County Clerk of said County Court, as hereinbefore provided, shall be turned over to one of the banks at Sparta, Tennessee, or a portion to each of said banks, if the said court may so elect, to be disposed of as hereinbefore set out for the purposes of realizing the funds for the purpose of building said turn- pikes and the improvement of said public roads, to be dis- bursed by said bank or banks upon the order of the Com- missioners herein provided for in payment for the' build- ing of said turnpikes and road improvements. Sec. 11. Be it further enacted, That the compensa- tion of the Commissioners shall be such as the County Court may fix, and said court may require bonds of the 8aid Commissioners for the faithful performance of their duties as set forth in this Act. 77 — 1218 — Sec. 12. Be it further enacted, That none of the Com- missioners shall be interested to any extent in any contract under which any of said turnpikes shall be built or said roads improved. Any Commissioner violating this sec- tion of this Act shall be subject to a fine of not less than five hundred ($500) dollars and imprisonment at the dis- cretion of the court. Sec. 13. Be it further enacted, That the Commission- ers shall pay contractors each fifteen days upon estimate made by the engineers or assistants, receiving (paying) ten per cent of each estimate until the entire contract is com- pleted. Sec. 14. Be it further enacted, That the main line? of turnpikes constructed with funds provided by this Act shall be as follows: From Sparta west to the extent of ten miles on the Smithville and Sparta Road ; from Sparta east on the Sparta and Crossville Road to top of moun- tain ;• from Sparta south on the Sparta and Spencer Road to River Hill ; from Sparta north up the Calf Killer Riv- er Road ten miles; from Spajrta north "following the Cookeville and Sparta Road ten miles ; from Sparta south following the McMinnville and Sparta Road via Doyle ten miles ; from the Junction of the Sparta and Kentucky Road south on the Kentucky Road six miles. Together with such lateral or branch lines from these main lines as the funds herein provided will justify and as will in the opinion of the Commissioners be to the best interest of the various sections of the county. All turnpikes con- structed under this Act to follow the lines of the present constructed public roads as nearly as practical. Sec. 15. Be it further enacted, That this Act take effect from and after its passage, the public welfare re- quiring it Passed April 14, 1905. W. K. ABERNATHY, Speaker of the House of Representatives, E. RICE, Speaker of the Senate. Approved April 17, 1905. JOHN I. COX, Governor. J — 1219 CHAPTEK 531. House Bill No. 1008. LN ACT authorizing Putnam County, Tennessee, to issue and sell bonds to an amount not exceeding $100,000 for the pur- pose of building good roads and bridges and the improvement of the public roads of said county. Section 1. Be it enacted by the General Assembly o/E,Sw?ntobe the Staie of Tennessee, That the County Court of Put- nam County, at the quarterly session in July, 1905, be, and is hereby, authorized and empowered to submit to the qualified voters of said county, at any time after thirty days and within ninety days after said quarterly term, to be fixed by said County Court, the question of issuing interest-bearing coupon bonds of said county, to be signed by the Judge of the County Court and by the County Court Clerk of said county, to an amount not to exceed one hundred thousand ($100,000) dollars, to be used, or the proceeds of which shall be used, for no other purpose than the building and improvement of public roads and building of bridges in said county, as herein provided. A majority of the members present voting for the submis- sion of said bond proposition shall be sufficient to submit said proposition to the qualified voters of said county; ' Provided, however, that a quorum of said members of said County Court are present. At such election those in favor of issuing such bonds shall have printed or written on their tickets "For good roads bonds," and those op- posed to the issuing of such bonds shall have printed or written on their tickets "Against good roads bonds." In case a majority of the qualified voters in said election shall vote in favor of issuing such bonds, then said County Court shall be authorized and empowered to, and shall, issue the same in the manner and subject to the conditions shown in the following section of this Act ; Provided,' that any election to-be held under the provisions of this Act shall be advertised in each newspaper published in said county at least thirty days before said election shall be held. — isso — Sec. 2. Be it further enacted, That such bonds shal bear a rate of interest not to exceed four per cent pe annum, and mature and become payable at the end d thirty years from the date of issuance, and that said Coun- ty Court may have the option to call in and pay off and cancel any or all of' said bonds after the expiration of twenty years after the date of the issuance of .said bonds, by giving sixty days notice to the holders thereof. Said bonds and the interest thereon shall be payable in lawful money of the United States. Sec. 3. Be it further enacted, That the interest oa said bonds shall be represented by coupons attached to ihe same, payable annually or semi-annually, as the County Court may determine, and at such time and place as the County Court may designate by order. *j Sec. 4. Be it further enacted. That the proceeds of j said bonds shall be, and are hereby, made a separate fond, j to be used only for the surveying, making necessary | changes, grading, bedding, tiling, draining, macadamizing, and improving such main public roads as the Countr Court may designate by order, and in building bridge where necessary. Sec. 5. Be it further enacted, That the bonds herein Denomination, g^borized shall be executed in denominations of five hun- dred ($500) dollars, numbered consecutively, beginning with No. 1, and shall not be sold for less than par, and said bonds shall bear interest only from the date of issu- ance of same, and they shall be issued in lots of twenty- five thousand ($25,000) dollars, as needed for the pur- poses provided for by this Act. commiHionen Sec. 6. Be it further enacted, That if said bond prop- % tte cSlrt. osition shall carry, the County Court, at the first quarter- ly term thereafter, shall elect five Commissioners, not more than three of whom shall belong to the same political party, whose terms of office shall be for two years and un- til their successors are elected and qualified, and each of said Commissioners shall give bond in the sum of one thousand ($1,000) dollars, conditioned for the faithful performance of their duties under this Act, which bond shall be approved by the Judge of the County Court, and filed with the Clerk thereof. And the compensation of each of said Commissioners shall be fixed by the County Court. DmStoL2T" Sec. 7. Be it further enacted, That within ten days after the election of said Commissioners they shall qualify, — 1221 — Mr.lUfginbefore provided, and within five days after such qualification shall meet and organize by electing one of kheir munber Chairman and one of their number Secre- tary. Said Commissioners, when so organized, shall be known as the Board of Koad Commissioners, and said Board> shall have full charge of said road building and improvements, designate the places of work, the kinds of material which shall be used, purchase necessary material, machinery, tools, and may have power to condemn lands necessary for widening or changing public roads and draining same, as now provided by law. Said Board of Road Commissioners shall keep a full and complete record of their proceedings in a well-bound book for that pur- pose, and shall make a full and complete report of their proceedings to each quarterly term of the County Court. Said report shall show where work is being done, the Idnd of work, number of men and teams employed, wages paid, money expended for material and for damages in condemnation for lands. Sec. 8. Be it further enacted, That all expenditures Fandt-how of said fund shall be upon county warrants drawn on the expended- Trustee by the County Judge, to whom all expenses for said road building and improvement and Jbuilding of bridges shall be certified by the Chairman and Secretary of said Board of Road Commissioners. Their expendi- tures for wages shall be certified in a weekly pay roll, and all wages for each week included in one warrant in favor of the Secretary of said Board, whose duty it shall be to pay same, taking a receipt for each amount so paid, which receipt shall be a good and sufficient voucher for said Secretary. . Sec. 9. Be it further enacted, That the workhouse prisoners may be used in building said roads whenever the number is sufficient, in the opinion of the County Judge, to warrant the employment of a guard, whose wages shall not exceed one dollar and fifty cents ($1.50) per day, to be paid as other wages. The said Board of Koad Commissioners shall have the authority to lease the workhouse prisoners of counties adjoining the County of Putnam, and the expenses connected therewith shall be paid as are other expenses hereinbefore provided for. Seo. 10. Be it further enacted. That said Board of Ma em Koad Commissioners is hereby empowered to employ a tngtnSnJ civil engineer to lay out and superintend the building of — 1222 — said roads, and his salary shall not exceed one five hundred ($1,500) dollars per annum. Sec. 11. Be it further enacted, That if said building and improvement of the public roads shall be done by contract, not more than eighty-five per cent of contract price shall be paid until the whole contract is fiiriahfld and accepted and approved by said Board of Road Commit sioners and the civil engineer, and in no case is any par- tial payment of any contract to exceed the amount of and value of the work done. Sec. 12. Be it further enacted, That no member of the Board of Boad Commissioners or member of the Coun- ty Court shall have any interest, either directly or in- directly, in any contract for the building or improvement of said public roads, the building of any bridge, or the furnishing of any material that is to be paid for out of the fund obtained from the sale of the bonds herein pro- vided for. Sec. 13. Be it further enacted, That the Trustee of °to^iyjruitee Putnam County shall give bond for the safe-keeping of ■peoiai bond. the fund herein pr<>vided for and for the collection and safe-keeping of any fund that may be raised by taxation for the purpose of paying off any or all of the bonds as herein provided, and for the 'faithful performance of the duties of collecting any tax that may be levied for same. Said Trustee is allowed a commission of three-fourths of one per cent on all moneys disbursed from said fund in connection with said road building and road improvement. Sec. 14. Be it further enacted, That the County In?ISn* ftmd ^ourt 8naH levy an assessment of not more than twenty- tax. ng five cents on each one hundred dollars of the assessable property in said county for. the payment of the interest on said bonds, and any surplus over and above the amount received from said levy, after paying the interest on said bonds, shall be, and is hereby, made a sinking fund for the purpose of paying off and retiring said bonds. Said sinking fund may be invested or loaned by the order of the County Court at a rate of interest not less than four per cent per annum. Sec. 15. Be it further enacted, That if the said Coun- ty Court shall fail to submit said bond proposition to the qualified voters of said county as provided in the first section of this Act, then upon the application in writing of one hundred of the qualified voters of said county, said proposition shall be again considered by said County — 1288 — Ufaxt at any quarterly term during a period of ten years, ntil same is submitted as provided in the first section of ids Act. If said proposition shall fail, it may be again abmitted upon the petition of one hundred of the legal oters of said county in writing; Provided, however, that tiere shall not be more than one election on said proposi- Lon in any one year, and said period in which said coun- y is authorized to issue. Sec. 16. Be it further enacted, That this Act take ffect from and after its passage, the public welfare re- hiring it. Passed April 14, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. EICE, Approved April 17, 1905. Speaker of the Senate. JOHN L COX, Governor. CHAPTER 532. House Bill No. 1010. A BILL to be entitled "An Act to authorize the Mayor and Aldermen of the municipal corporation of the Town of White- ville, Hardeman County, Tennessee, to provide for, maintain, and operate a system of waterworks and electric lights for the municipal corporation of the Town of WhlteTille, Harde- man County, Tennessee, and to authorize the Issuance of interest-bearing, negotiable bonds for said purpose, and to levy and collect taxes for the payment of the same." Section 1. Be it enacted by the General Assembly °/Am0ODtlBd the State of Tennessee, That the Mayor and Aldermen jmrpMeiof of the municipal corporation of the Town of Whiteville, n ' Hardeman County, Tennessee, be, and they are hereby, authorized and empowered to issue negotiable, interest- bearing, coupon bonds of the municipal corporation of the Town of Whiteville, Hardeman County, Tennessee, to an amount not to exceed twelve thousand ($12,000) dol- lars, for the purpose of buying, establishing, erecting, and — 1224 — putting into operation a system of waterworks and electric lights for said municipal corporation of the Town of Whiteville, Hardeman County, Tennessee. The amoral of said system of waterworks and electric lights shall be prescribed by the Board of Mayor and Aldermen of the Town of Whiteville, Tennessee, so that in the aggregate they do not exceed twelve thousand ($12,000) dollars. Denominations Sec. 2. Be it further enacted. That said bonds be ia the denominations of five hundred ($500) dollars each, with coupons attached for the semi-annual interest, and no bond to be in excess of five hundred ($500) dollars. Said bonds shall bear interest at the rate of not more than six per cent per annum, payable semi-annually, to be evidenced by coupons attached to each of said bonds, and said bonds shall be payable at the end of twenty yeais from date of their issuance. But said bonds shaffnot be sold or disposed of at less than dollar for dollar of their face value, and shall be payable in legal tender money of the United States of America at any place des- ignated by the Board of Mayor and Aldermen of said Town of Whiteville, Tennessee. All of said bonds issued shall be denominated as "Waterworks and Electric Light Bonds," and shall be signed by the Mayor and Recorder, with the corporate seal of the Town of Whiteville, Ten- nessee, attached thereto. Sec. 3. Be it further enacted, That before said bonds Election to be *hsll ^ i8Sued the Board of Mayor and Aldermen of Ant held. Whiteville, Tennessee, shall submit the question to the legal voters of the Town of Whiteville, Tennessee, to ascer- tain the will of said voters in reference to the issuance of said bonds. Said Board of Mayor and Aldermen shall give at least twenty days' notice of said election. As many elections may be held as may be necessary, and at different times, to determine the will of said voters as to the proposition of the issuance of bonds authorized under the provisions of this Act If the proposition ke defeated at an election held to test the will of said voters with reference to the issuance of said bonds, then the proposition has been voted upon by the legal and qualified after the expiration of twelve months from date that said proposiion has been voted upon by the legal and qualified voters of said Town of Whiteville, Tennessee. Sec. 4. Be it further enacted. That at any of these w-bowayvote elections herein provided for all persons shall be entitled to vote for city officers or for Mayor and Aldermen of — 1225 - laid Town of Whiteville. Those voting in favor of the ssuance of said bonds shall have printed or written on lieir ballots the words "For bonds," and those voting op- posed to the issuance of said bonds shall have printed or written upon their ballots the words "Against bonds/' and if at any election held under the authority of this Act a majority of the votes cast on the proposition to issue bonds are cast "For bonds," then the Board of Mayor and Aldermen of said Town of Whiteville shall have power and authority to issue said bonds under the provisions of this Act, but not otherwise. Sec. 5. Be it further enacted, That if bonds are issued under the provisions of, and in conformity with, this InJf5iS$fund Act, they shall be a valid and binding debt and obligation tax- of the Board of Mayor and Aldermen of the Town of Whiteville, and the Board of Mayor and Aldermen of the Town of Whiteville are hereby authorized and empow- ered to levy and collect annually, beginning with the year 1906, and while said bonds or any of them are out- standing, a special tax on all the taxable property sit- uated within the corporate limits of said Town of White- ville, and taxable under the laws of the State of Tennes- see, for corporation purposes, and to levy and collect a special privilege or license tax upon all pursuits, voca- tions, and business carried on within the corporate limits of said town, required by the laws of the State to pay a privilege tax to the State, not exceeding the rate or amount of privilege tax on such business for State pur- poses, for the purpose of paying the interest on bonds as it becomes due, and to pay the expenses incident to and incurred in the operation of said waterworks and electric light plant, and to create a fund with which to pay off and retire the bonds herein authorized to be issued. Such taxes shall be kept separate and apart from other funds of tbe corporation. Said Board of Mayor and Aldermen shall also set aside and appropriate all earnings of said waterworks and electric light plant, or either of them, for the purpose of paying the semi-annual interest on said bonds and for the purpose of meeeting the expenses inci- dent to and meurrred in the operation of said waterworks and electric light plant. Sac. 6. Be it further enacted, That the Board of Mayor and Aldermen of said Town of Whiteville are empowered to take and appropriate such lands or grounds as they may choose for the location of said waterworks — 1226 — and electric light plant, either within or without the cor- porate limits of said town, for a site for waterworks and electric light purposes, for pumping station, or reservoir and light plant, for water pipe and wire lines, and far right of way from pumping station or reservoir to water supply for water pipe. Upon payment of damages to ex- ercise this power the Mayor and Aldermen shall by ordi- nance designate the grounds to be appropriated and ap- propriate the same as provided for "taking private prop- erty for works of internal improvements," by Sections 1549 to 1571, of Milliken and Vertrees' Compilation of the Statutes of the State of Tennessee. Sec. 7. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 14, 1905. W. K ABEKffATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 17, 1905. JOHN I. COX, Governor. CHAPTER 533. House Bill No. 511. AN ACT to amend Chapter 41, of the Acts of 1897, of the Gen- eral Assembly of the State of Tennessee, passed January 22, 1897, and approved January 27, 1897, so as to prevent the i courts and Attorneys General from releasing or remitting Attorney General's fees due the State. Section 1. Be it enacted by the General Assembly of the State of Tennessee* That Chapter 41, of the Acts of 1897, of the General Assembly of the State of Tennessee, ' passed January 22, 1897, and approved January 27, 1897, be, and the same is hereby, amended by adding to the end of Section 2 the following words: "And it shall not be lawful for any Judge or Attorney General to remit or — 1227 — release any of the Attorney General's fees provided for in this section, but the same shall be taxed in the bills, >f cost, as the other costs of the cause are taxed, and shall aot be released or remitted, but shall be paid out of the first moneys collected for costs in each cause." Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it. Passed April 17, 1905. W. K. ABERNATHT, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. JOHN I. COX, Governor. Approved April 17, 1905. CHAPTER 534. House Bill No. 548. AN ACT to regulate the construction of turnpikes. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That all turnpike companies, im- mediately after metaling their roads, as required in Shan- non's Code, Section 1764, shall be, and are, required to spread upon the beaten metaling a coat of dirt, sand, gravel, or ground rock. Sec. 2. Be it further enacted, That any turnpike com- pany, its General Manager, Superintendent, or executive officer violating the provisions of this Act shall be guilty of a misdemeanor and subject to a fine of ten ($10) dol- lars for each day turnpike company collects toll while the metaling is not so covered. Sec. 3. Be it further enacted, That this Act apply only to counties having a population of not more than forty-two thousand seven hundred and fifty (42,750), and not less than forty-two thousand seven hundred (42,- 700). — 1228 — Sec. 4. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 14, 1905. W. K. ABERNATHY, Speaker of the House of Representative*. E. RICE, Approved April 15, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 535. House Bill No. 941. AN ACT to repeal Chapter 240, of the Acts of 1903, in so far as It applies to Overton County, and to restore to said county the same rights and privileges that it had before the passage of said Act Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 240, of the Acts of 1903, be, and the same is hereby, repealed in so far as it applies to Overton County. Sec. 2. Be it further enacted, That Overton Comity be restored to her former authority to create, change, and annul her School District. Sec. 3. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 14, 1905. W. K. ABERNATHY, Speaker of the House of Representatives, E. RICE, Approved April 15, 1905. Speaker of the Senate. JOHN I. COX, Governor. — 1229 — CHAPTER 536, House Bill No. 1003. IN ACT to create and establish a special School District in the > Thirteenth Civil School District of Crockett County, Tennessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That an independent School Dis- trict be established in the Thirteenth Civil District of Crockett County, known as the Hellen's School District. Beginning at Cane Creek Bridge near York's Mill on the Chestnut Bluff and Friendship Public Koad; thence up said creek with the meanderings of said creek to the head of said creek near Siloam Church on Babe Climer's land ; thence in an easterly direction to the Alamo and Chestnut Bluff road so* as to include Siloam Church in said School District ; thence with the line of the Tenth and Thirteenth Civil Districts to the Chestnut Bluff and Frog Jump Road, near Henry Elmore's ; thence with said road in the direction of Chestnut Bluff to the road leading out to John and G. M. Rowlands' to John Rowlands' home tract of land upon which he now lives ; thence with his west bound- ary line north so as to include the Wiley Baker and Tom Dunn tracts of land in the said Hellen's School District, to the Chestnut Bluff and Alamo Road west at South Fork Church at a large ditch between the Sinclair and Mrs. Dr. T. A. !N*unn farms ; thence north to the Dyer County line ; thence east with the Dyer County and Crockett County line to Bond Creek, near J. M. Parrish's ; thence with the meanderings of said creek to Bond Creek Bridge on the Chestnut Bluff and Friendship Road; thence with said road to the beginning at Cane Creek Bridge. Sec. 2. Be it further enacted, That the County Super- intendent appoint three directors to serve for said School District until the regular election. Sec. 3. Be it further enacted, That the County Trus- tee of said county will keep the per capita school tax of all the scholastic population for the year 1905 in said Hel- len's School District for the benefit of the public schools — 1280 — in said School District created by this Act, and pay as the law now directs. Sec. 4. Be it further enacted, That this Act take effed from and after its passage, the public welfare requiring it Passed April 14, 1905. W. K ABERNATHT, Speaker of the House of Representatives, E. RICE, Approved April 15, 1905. Speaker of the Senate* JOHX L COX, Governor. CHAPTER 537. House Bill No. 1006. AN ACT to amend an Act entitled An Act to incorporate the Town of Cookeville, in Putnam County, Tennessee, and to provide for the government thereof; to establish a School District therein; to authorize said corporation to issue bonds for corporation purposes; to provide for the election of offi- cers, and prescribe their duties, and for other purposes, ute same being Chapter 642, of the Acts of 1903, to amend Sec- tion 1 of Article XI., of said Acts, so as to allow said corpo- ration to issue bonds not to exceed $50,000, and In addition to the purposes named in said Act for school purposes, and for the erection of school buildings (and) for furnishing Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Chapter 542 of the Acts of 1903 be, and the same is hereby, amended in Section 1, of Article XI. of said Act, by inserting, instead of the words and figures twenty-five thousand ($25,000) dollars, the words and figures fifty thousand ($50,000) dollars, and to insert after the word purposes in the last line of said section, the following: for school purposes, or for the erec- tion of school buildings, and furnishing the same. Sec. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are here- — 1231 — by, repealed; and that this Act take effect from and after its passage, the public welfare requiring it Passed April 14, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. EICE, Approved April 15, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTEE 538. House Btll No. 457. AN ACT entitled An Act to change the Overton and Putnam County line so as to detach all the lands of J. C. Terry from Overton County and attach them to Putnam County, Ten- nessee. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the county line between Over- ton and Putnam Counties be changed as follows : Beginning with a post oak in A. P. Warren's west boundary line ; thence east with said line seventy poles to a white oak in Ben Mason's west boundary line; thence north eighty poles with said line to a white oak in B. L. Lofton's south boundary line ; thence west with said line and P. M. Greenwood's south boundary line seventy poles to a stone in Gk W. Roberts' east boundary line; thence south with said line one hundred and forty poles to a stone, it being Roberts' southeast corner; thence west eighty poles with said Robert's line to Mill Creek; thence south eighty poles with said creek to a stake ; thence south- east seventy poles with D. H. Maddux's north boundary Hue to a stake ; thence east seventy poles with said Mad- dux's north boundary line to a stone in A. P. War- ren's west boundary line ; thence north seventy poles with the said Warren's line to the beginning, detaching the above lands from Overton County and attaching to Put- nam County. — 1232 — Sec. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it Passed April 14, 1905. W. K ABERETATHY, Speaker of the House of Representative E. RICE, Approved April 15, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 539. House Bill No. 342. A BILL to be entitled "An Act to authorise the Mayor and City Council of Nashville, a municipality organized under the Acts of the General Assembly, passed March 21, 1883, and ap- proved March 27, 1883, being Chapter 114, of the Acts of 1883, and subsequent amendments thereto, to issue bonds for the extension of Commerce Street, in said city, when au- thorized by the Mayor and City Council of Nashville/* Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the Mayor and City Council of Nashville, a municipality organized under the Acts of the General Assembly of the State of Tennessee, being Chapter 114, of the Acts of 1883, is hereby empowered in its corporate capacity and under the provisions of the Act referred to, and subsequent amendments thereof, to issue bonds of the said city signed by the Mayor and countersigned by the Recorder, with semi-annual interest coupons attached, which shall be signed by the Treasurer of said city, to an amount not exceeding one hundred and fifty thousand ($150,000) dollars. Sec. 2. Be it further enacted, That the bonds herein provided for may be executed in denominations from one hundred ($100) dollars to one thousand ($1,000) dollars, and they shall mature and be redeemable at such times within thirty years as may be prescribed by the corporate — 1233 — rdinance authorizing the issuance of said bonds. Said tonds shall bear a rate of interest not exceeding six per ent per annum, payable semi-annually. Sec. 3. Be it further enacted, That said issuance of roe hundred and fifty thousand ($150,000) dollars bonds hall be known as "Commerce Street Extension Bonds," he proceeds of which shall be used exclusively in the ex- ending of Commerce Street in the said City of Nashville, is the Mayor and City Council by ordinance may direct Sec. 4. Be it further enacted. That none of the bonds ierein above authorized shall be issued for any purpose without the passage of an ordinance through the City Council, approved by the Mayor, specifying the purpose for which said bonds are asked to be issued, and directing an election to be held by the qualified voters of the City of Nashville "For," or "Against," the issuance of said bonds as provided by the charter of said city. Said elec- tion to be held in conformity with said charter, and under the general election laws controlling the holding of elec- tions in the City of Nashville. Sec. 5. Be it further enacted. That &one of said bonds to he issued by this Act shall be sold, exchanged, or dis- posed of foT less than their said face value. Sec. 6. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it. Passed April 14, 1905. W. K ABEENATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 15, 1905. JOHN I. COX, Governor. 78 — 1234 — CHAPTER 640. House Bnx No. 824. AN ACT to permit turnpike companies in counties having a population of not less than 26,400 nor more than 26,500, which have only one tollgate located on their respective roads, to move and relocate such tollgate. Section 1. Be it enacted by the General Assembly of ThiiAetap- the State of Tennessee, That all turnpike companies in Wiuumion counties having a population of not less than twenty-six Cottnty- thousand four hundred (26,400), nor more than twenty- six thousand five hundred (26,500), which have only one tollgate located on their respective turnpike roads, be, and the same are hereby, allowed and permitted to move and relocate such tollgate at any point on their respective roads not nearer to any incorporated city or town than is permitted by their respective charters ; Provided, however, that such relocation shall not place said tollgate between such city or town and any public road now entering said turnpike between such city or town and the tollgate as now established ; and Provided further, that said tollgate shall not be removed more than three hundred (300) feet from its present location. Seo. 2. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed; and that this Act take effect from and after its passage, the public welfare requiring it. Passed April 17, 1905. W. K ABERNArHT, Speaker of the Howe of Representatives. E. RICE, Speaker of the Senate. Approved April 17, 1905. JOHN I. COX, Governor. ^1235 — CHAPTER 541. House Bill No. 826. AN ACT to regulate the working and laying out of public roads in this State in counties containing not less than 42,000 in- habitants nor more than 45,000 inhabitants, by the Federal Census of 1900, or any subsequent census. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the County Court, at its™£**a* January term, 1906, and at the January term every two »jjj years thereafter, shall elect one Road Commissioner for each Road District, which shall be coextensive with the Civil District, who shall have general supervision over all the public roads, bridges, and overseers in his district, who in connection with the two Justices of the Peace for said district shall constitute a Road Board for said dis- trict, the Justices to be ex officio members. The duties of the two ex officio members of said Board are limited to the performance of the following duties, all of which shall be done jointly with the Commissioners to designate the roads to be made and worked after the manner of turnpike roads as provided for in the Acts of 1903, Chapter 242, as incorporated in the third section of this Act; and to desig- nate what other roads in their districts money shall be ex- pended upon, and to prorate to those in proportion as they are used by the general public. In doing this they are required to refrain from expending money on any grade greater than seven degrees with the horizon, or in any running stream. They will contract with the low- est bidder, the work to be paid for in money out of the road fund as prorated by the Board on the various roads in their district, taking bond of the contractor in double the amount of the accepted bid for the due performance of his contract. It is hereby declared to be a misdemeanor for any mem- ber of the Board to directly or indirectly contract or per- Di*!L?f Road form any of the work stipulated to be paid for in cash. They are empowered to approve or reject any bid; they are to define the boundaries, and to number each public road in their district and classify the same, and make a ^1286 — proper assignment of the hands to each road, designating the f arms contiguous to said roads upon which said hands reside. They are to report to the April term, 1906, and to the April term every two years thereafter, how they have defined the roads, what hands have been assigned to each, the number and classification of each road, the road to be worked as a turnpike, and the roads the other money is to be expended upon, and a full list of all the road hands in the district, which reports shall be filed with the Clerk of the County Court, and preserved, and subject to inspec- tion by the general public. The ex officio members shall each receive ten dollars per annum for their services when actually performed, payable out of the road fund of their districts upon the order of the County Judge upon the County Trustee. The person chosen shall be a citizen and freeholder of the district, skilled and experienced in the business of road making, and shall hold his office for two years, and until his successor is elected and qualified Before entering upon his duties he shall take an oath before the Clerk of the County Court for the faithful dis- charge of same, and shall give bond for the faithful ac- counting of all money coming into his hands. It shall be his duty to give a receipt for all money received by him, and turn over the same to the County Trustee. All pay- ments for labor, tools, materials, etc., shall be made by order on the County Trustee, which shall be approved by the County Judge or Chairman of the County Court. Sec. 4. Be it further enacted, That for any willful sections of tbu neglect or misconduct he shall be guilty of a misdemeanor ecfasthSv °£ and punished accordingly (and the grand jury shall have oSgiMi! e inquisitorial powers over all such offenses, and shall in- quire into and make presentment thereof— Chapter 249, Acts 1903). For incompetency or neglect of duty he shall be removed bysaid County Court on teji dayswrittennotioe. As compensation he shall be entitled to receive six per cent (6%) on the first four hundred ($400) dollars, and three (3) per cent on any amount over four hundred ($400) dollars, as shown by their orders on the Trustee for each year. The County Judge is authorized to fill any vacancy by appointment to serve until the next regular meeting of the Quarterly Court, which shall elect a Commissioner to serve for the "unexpired time, court to us Sec. 2. Be it further enacted, That at the terms above number d»y8 gtate(j? the County Court shall fix the number of days' ^0*d,• labor to be required of road hands, which shall not be less . — 1237 — than five nor more than eight days in any one year. The District Eoad Commissioner shall buy necessary tools for road working, to be paid out of the funds belonging to his district The court, at the same time, shall fix the price to be allowed for a day's work on the public road with wagon and team, or horse and plow. Sec. 3. Be it further enacted, That the County Courts Levy road to. shall levy for each year, for road purposes, an ad valorem tax on all property of their respective counties outside of incorporated towns, cities, and taxing districts. This levy shall be two cents on one hundred dollars of taxable prop* erty for each day assessed to labor on public roads, and shall be collected by die County Trustee, and held by him as a separate fund to be disbursed upon the warrant of the District Commissioner, approved by the Judge or Chairman of the County Court, and for which he shall have compensation, the same as on county and State taxes ; two-thirds of the tax collected on this assessment from a given district shall be spent on the public roads of that district under the supervision of the District Eoad Com- missioner, who shall direct special attention to the main roads or leading thoroughfares of the district, as desig- nated by the Eoad Board provided for by the first section of this Act Any and all other road tax which may be collected Divuion of shall be divided equally between the Eoad Districts (Pro- road funds- vided) that one-half of the labor and half of the money paid in commutation of labor, and one-half of the road fund raised by taxation and belonging to any Eoad Dis- trict, may be devoted to the building or making of roads in said district after the manner of turnpike roads, which shall slope from the center to the outer edges on either side at a grade or rate of descent of one inch to a foot, and shall be macadamized with gravel or broken stone, where the same can be obtained at reasonable cost within two miles of such road, and said road shall be ditched on each side not less than fifteen inches in depth, and the Road Commissioner of each Eoad District shall have supervision and control and direction of the building of such macadamized road in this district, and he, in con- nection with the members of the Eoad Board heretofore provided for, shall decide where such road in his district shall be built or made, selecting such road as is most trav- eled—Acts 1903, Chapter 242). The Judge or Chair- — 1238— . county jud(?e man of the County Court shall make quarterly reports rej^m6 showing receipts and disbursements of all road funds, which report shall be examined by the Finance Commis- sioners of the county, and when approved, spread on the minutes of the County Court; Provided, that on all privi- leges not less than one-fourth of the entire assessment fop county purposes shall be set aside by the respective County Courts for road purposes, and shall be apportioned equally between the several Boad Districts of their respect- ive counties, unless the County Court at the January term of each year shall direct it to be placed to the credit of the Special Highways, as provided for in the 11th Section of this Act. Sec. 4. Be it further enacted, That District Commis- sioners shall appoint, for a term of one year, an oversea °7%!£[uto£^* f°r each section of public road as established by the County duties. Court. Said overseer shall be a resident of the district, and if a person subject to road duty, he shall be exempted from actual road labor. He shall serve as many days as are assessed to road hands by the County Court> without compensation, and for each additional day of actual serv- ice in superintending the working of roads, and warning in of hands, he shall receive one dollar a day, not to exceed three dollars in one year. If he be a person not subject to road duty he may consent to serve as an overseer, pro- vided he will donate to the road free of charge as many days as are assessed to road hands, and for other services receive one dollar a day, not to exceed three dollars in any one year. He shall have charge of all tools belonging to his section of road, shall take care of same, and turn them over to his successor when appointed. It shall be a misdemeanor for any overseer, having received notice in writing of his appointment, to fail or refuse to serve, or fail or refuse to fully and faithfully perform his duties as road overseer, and to keep his section of road in reason- able repair at all times throughout his term of office, and the grand juries of the various counties of the State shall have inquisitorial power to investigate the conduct of road overseers under this Act (and shall make presentment against such road overseer for any failure to perform his duty under this Act — Chapter 249, Acts 1903). Who iubject to Sec. 5. Be it further enacted, That all male residents ro«d duty. 0£ ^e county between the age of twenty-one and forty-five years shall be subject to road labor, except those who have been exempted by the County Court for physical disability. — 1239 — the order of the court also showing exemption from pay- ment of poll tax for same cause. Road overseers shall give three days warning,, either in person or by written notice, left at the residence or usual stopping place of each person subject to road duty, and in case any hand so notified shall willfully fail or refuse to perform honestly, faithfully, and obedient to the direction of the overseer as many days' labor on the public road as are assessed against him, he shall be guilty of a misdemeanor. It shall be the duty of the overseer to report to the District Commis- sioners all hands so failing or refusing to work public roads, and it shall be the duty of the District Commis- sioners to swear out warrants against all such delinquents before some Justice of the Peace in his district, and to have the road overseer and other necessary witnesses to convict the delinquent summoned. All fines collected from delinquents shall be placed to the credit of the road section to which said delinquents were assigned for road duty; Provided, that any road hand under the provisions of this Act may commute by paying to the Commissioner for his district, on or before the day appointed for road working, seventy-five cents a day. All commutation money shall be used to employ labor upon the road section to which the hand so commuting had been assigned. A day's work in the meaning of this Act shall be eight hours' actual labor on the road. Sec. 6. Be it further enacted, That in laying out and working public roads it shall be the duty of the Road Com- L~8JI oX missioner to avoid heavy grades and to reduce the same by cutting down sharp points, or changing direction of roads. Ditches shall be maintained on each side of the road of sufficient depth to drain the roadbed. Wherever practi- cal roadbeds shall be graded with a fall of one inch to the foot from the center of the road to the ditches. In con- structing or maintaining first and second class roads, broken stone or gravel shall be used, when obtainable, and no road shall be in running streams, where it can be avoided. Durable mileposts and signboards shall be placed and kept up on all first and second class roads. When a footlog is necessary, it shall be strong and steady, with a gdod hand railing. Labor upon the public roads must be performed within the months assigned by the County Court, except repairs, in case of necessity, for which the road overseer shall arrange with one or more hands, or taxpayers, allowing them credit on road duty — 1240 — at the next road working, or for the ensuing year. It shall be a misdemeanor for any overseer to fail to place and keep durable mileposts and signboards at all princi- pal crossings. Sec. 7. Be it further enacted, That all applications to commissioners open, change, close, or restore to the public use any and roadshow, all public roads in this State shall be made by written peti- tion to the Road Commissioner of the district in which the road is located, and if said road is intended to be located in more than one district then the petition shall be made to the Commissioners of all districts interested, and they shall act jointly. The Road Commissioner, within ten days after the application has been filed with him, shall notify the. person first named on the petition of the date at which he will be present at the beginning point mentioned in the petition to act on the application. Five days written notice of the date and beginning point shall be given by the petitioners to all persons controlling land to be affected by the proposed change (or in case interested parties are nonresidents of this State, or their residence is unknown, publication for four successive weeks in a newspaper published within the county shall constitute legal notice. — Chapter 70, Acts 190.3). The Road Commissioners shall attend at the appointed time and place, and, if the proper notice to interested parties has been given, shall' act upon the application, assess damages, if, in his judgment, there should be any, and report his action to the Chairman or Judge of the County Court With his report he shall file the original petition, the notice to landowners, and the names of mate- rial witnesses. The Chairman or Judge of the County Court shall consider the whole matter and make such orders as to opening, changing, closing, or restoring to the public the proposed road as the court may deem proper; any interested party may appeal, as heretofore provided, such appeal to be perfected before the Clerk of the Oounty Court within ten days. (Acts 1903, Chapter 633). Sec. 8. Be it further enacted. That all county prison- ers subject to labor shall be employed upon the public roads as the County Court may direct, subject to existing laws. •asiiflcation Sbc. ». Be it further enacted, That the public roads >f roads. 0£ j^jg g^te fihau fa divided into four classes, the width of each to remain as now fixed by law — viz. : roads of the first class shall not be more than fifty nor less than twenty- — 1241 — four feet wide; roads of the second class, not more than -twenty-four nor less than eighteen feet wide ; roads of the tJbird class, not more than eighteen nor less than fourteen feet wide ; and roads of the fourth class shall be fourteen feet wide. The Road Commissioner shall make, at the end of each year, detailed reports to the County Court showing the work accomplished by them during the year. 171ie9e reports shall describe each public road in the district, state whether it is first, second, third, or fourth class road, and its condition at the time of the report. These annual reports of the Road Commissioners shall be filed in the County Clerk's office. Sec, 10. Be it further enacted, That nothing in this Act shall be construed so as to affect the right of counties to construct, purchase, and maintain bridges, turnpikes, and improve highways, and pay for the same from general op special county funds, as now provided by law. Sbc. 11. Be it further enacted. That the County Court county court of any county is hereby authorized and empowered, when Sr&inroadi in its judgment it is deemed advisable, to designate all by00*1™3*- or any part of the leading thoroughfares of said county as county highways, to be worked by contract as herein pro- vided, or by county convicts, as now or hereafter provided by law in such cases. The County Court shall, at regu- lar quarterly session, as provided in the first section of this Act, by resolution adopted and entered upon the minutes of said court, designate specifically what road or roads shall be established as county highways, and provide for laying out, building, and working said highways. The County Court shall appoint a committee, to consist of the County Judge or Chairman of the County Court and four other citizens of said county, who shall be authorized to let out by contract, to the lowest responsible bidder, all or any part of the county highways, under provisions adopted by the County Court, when, in their judgment, it is deemed advisable. After advertisement, sealed proposals to make and keep the county highways in repair for one year, may be submitted from each section of the highway. The County Judge or Chairman of the County Court shall open all bids submitted in the presence of the County Highway Commissioners, and the contracts shall be awarded to the lowest responsible bids; Provided, the County Highway Commissioners may reject any and all bids, if in their judgment, they are excessive or otherwise unsatisfactory. Contractors shall execute bond for the faithful perform- — 1242 — anoe of duty, and shall supply, at their own expense, all tools, material, etc., for use on their section of high- way; or, if no satisfactory bid is received, the County Highway Commissioners may employ labor and purchase materials for repairing and maintaining highways. This committee may employ a man skilled in road making to supervise and direct the working of county highways, and to do such other work as the commission may see fit to assign him. His compensation shall not exceed two dollars per day for the time he is actually occupied in the discharge of the duties assigned him. All repairs and work done upon the county highways shall be under the direction of the committee herein provided for, and the individual employed by them to superintend. The County Commissioners herein provided shall receive the same com- pensation as Justices of the Peace for time actually given to the duty of supervising work and contracting for* the maintenance of county highways, not to exceed twelve days in one year. The County Judge, as Chairman of the County Court, shall receive no additional compensation for the duties imposed by this Act. All bridges and fer- ries shall be built and maintained by the County Court, as now provided by law. Sec. 12. Be it further enacted, That for the establish- S^l£ty^igh- ment and maintenance of county highways (as provided "*** in Section 11 of this Act) the County Courts of this State shall levy each year a special ad valorem tax of not more than twenty cents on the hundred dollars on all the tax- able property in their respective counties, outside of in- corporated cities, towns, and taxing districts, and assign for road duty on these highways, under the supervision of County Highway Commissioners, all hands living upon or adjacent to said highways. (Any contractor or person employed to supervise and direct the working of highways, employed under the provisions of Section 12 of said Act, failing to perform faithfully any duty or duties required of him in said Act, shall be guilty of a misdemeanor, and the grand juries of the counties shall have inquisitorial powers over all offenses under this Act, and shall investi- gate and make presentment thereof. — Acts 1903, Chap- ter 242). ThiiAota ^EC* 1^' ^e ** furthcr enacted, That the provisions of plies to* this Act shall not apply to counties having a population of couniy. less than 42,000 or over 45,000 inhabitants by the Federal Census of 1900, or any subsequent Federal Census. — 1243 — Sec. 14. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and they are hereby, repealed ; and that this Act shall take effect from and after January 1, 1906, the public welfare requiring it. Passed April 15, 1905. W. K ABEKNATHY, Speaker of the House of Representatives. E. EICE, Approved April 17, 1905. Speaker of the Senate. JOHN I. COX, Governor. CHAPTER 542. House Bill No. 1028. AN ACT to authorize Davidson County to issue bonds in a sum not to exceed fifty thousand dollars, in addition to those heretofore authorized, for the benefit of the Peabody Educa- tional Fund; Provided, the Peabody Normal School is lo- cated in said county, and to levy and collect taxes for the payment of said bonds and Interest. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That Davidson County, in the State of Tennessee, be, and it is hereby, authorized and empowered to issue negotiable coupon bonds, not to exceed the sum of fifty thousand dollars, in addition to those heretofore authorized, bearing interest at a rate not ex- ceeding six per centum per annum, payable semi-annually, and being evidenced by appropriate interest coupons at- tached to each of said bonds. Said bonds shall be issued in such denominations as the County Court of said county in quarterly session shall determine, and shall be payable in any legal tender money of the United States of America. Said bonds may be made redeemable by the county, at its option, before their maturity upon a specified notice to the holders. Said bonds or their proceeds shall be used and — dis- appropriated for the benefit of said Peabody Educational Fund, and for no other purpose. Sec. 2. Be it further enacted, That if said county shall issue said bonds it shall have the power to levy and collect all taxes necessary for the payment of said bonds and the interest thereon. Sec. 3. Be it further enacted, That the power and an* thority hereby conferred upon said county shall be exer- cised through the County Court of said county at any quarterly session thereof by a majority of the Justices at- tending, provided there be a quorum present. Said coon shall determine in what denomination said bonds shall be issued, the length of time said bonds shall run, whether they shall be redeemable before maturity, and if so what time, and upon what notice, and shall also determine the rate of interest which they shall bear, and designate the person or persons by whom the bonds and coupons shall be executed in the (interest) of the county, and by whom de- livered. Sec. 4. Be it further enacted. That this Act take effect from and after its passage, the public welfare requiring it Passed April 17, 1905. W. K ABEKff ATHY, Speaker of the House of Representatives. E. EICE, Speaker of the Senate. Approved April 17, 1905. JOHN" I. COX, Governor. — 1245 — CHAPTER 543. House Biix No. 901. A BILL to be entitled An Act to establish a special School # District, to bo known as the Twenty-sixth School District of Davidson County, composed of parts of the Nineteenth, Twentieth, and Twenty-second Civil Districts of said county. Section 1. Be it enacted by the General Assembly of the State of Tennessee, That the School District formerly established by the County Court of Davidson County, composed of parts of the Nineteenth, Twentieth, and Twenty-second Districts of said county, and formerly known as the Tweiity-sixth School District of said county, be hereby re-established with the same boundaries as for- merly set out by said court, except that the part of the Nineteenth District to be included shall be bounded by a line beginning at the northwest corner of the Dickson Pike and the J. C. Gleaves farm; thence eastwardly to the northeast corner of said farm ; thence northeasterly to the line between the Nineteenth and Twentieth Dis- tricts at the forks of Dry Creek, and the same shall be known as the Twenty-sixth School District of said county. Seo. 2. Be it further enacted, That this Act take ef- fect from and after its passage, the public welfare requir- ing it. Passed April 13, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 17, 1905. Speaker of the Senate. JOHN I. COX, Governor. HOUSE RESOLUTIONS. HOUSE RESOLUTIONS. NUMBER 1. Be it resolved by the House of Representatives, That the rules of the House of Representatives of the Fifty-Third General Assembly be adopted for the government of this House until the Committee on Rules makes its report WILL K ABERNATHY, Speaker of the House of Representatives. NUMBER 2. Be it resolved by the House of Representatives, That the Speaker of the House be, and he is hereby authorized to appoint a Chaplain of lie House of Representatives, a Journal Clerk, a Doorkeeper, and four Porters, and one or more Assistant Engrossing Clerks, if needed, who shall enter upon their several duties when deemed necessary and called for by the Speaker of the House of Representatives, and whose compensation shall be fixed and provided for in the general appropriation bill. WILL K ABERNATHT, Speaker of the House of Representatives. NUMBER 3. Be it resolved by the House of Representatives, That the Clerk is hereby authorized and empowered to have printed two thousand copies of the Governor's message for the use of members of the House, and that the cost of said print- ing be included in the general appropriation bill. WILL K. ABERNATHY, Speaker of the House of Representatives. 79 1250 HOUSE RESOLUTIONS. NUMBER 4. Whebeas, The rodhi heretofore used as a cloak room for the members of this House has been appropriated for the use of the Pension Board ; therefore Be it resolved by the House of Representatives, That Col. Porter, Superintendent of the Capitol, be, and is here- by directed and authorized to select a suitable place, and provide fixtures, etc., for depositing the cloaks and hats of the members of this House, and the expense of the same be included in the general appropriation bill. WILL K ABERNATBY, Speaker of the House of Representative*. NUMBER 5. Be it resolved by the House of Representatives, That the Clerk be directed to prepare a weekly calendar, which shall show the status of all bills and resolutions, and that the same be placed upon the desk of each member every Mon- day morning. WILL K ABERNATHY, Speaker of the House of Representatives. •NUMBER 6. Be it resolved by the House of Representatives, That the "gavel" just presented by Col. Porter, the Superintendent of the Capitol, be accepted, and the thanks of this body he, and are hereby returned to the donors — the Edgefield and Nashville Manufacturing Co., and George R. Calhoun, Jewelers — and be it further ordered and directed that no use shall be made of same but the governance in the hands of the Speaker of the proceedings of the House of Repre- sentatives at the session. WILL K ABERNATHY, Speaker of the House of Representative*- HOUSE RESOLUTIONS. 1251 NUMBER 8, Be it resolved by the House of Representatives, That the hief Clerk be and he is hereby directed to prepare a roster : the officers and members of the House, £nd to have rinted two hundred copies of the same, and that the cost I printing same be included in general appropriation bill. WILL K ABERNATHY, Speaker of the House of Representatives. NUMBER 9. Be it resolved by the House of Representatives, That a pecial committee of three be appointed to ascertain and eport the value of all public buildings the property of the itate, and what insurance is carried upon the same, and rhat insurance should be placed thereon, if none is carried, ogether with the cost thereof. And said committee is here- ly authorized, after making proper inquiry, to report a woper bill whereby said property would be protected from oes in event of destruction, for consideration of this WILL K. ABERNATHY, Speaker of the House of Representatives. NUMBER 11. Be it resolved by the House of Representatives of the Fifty-fourth General Assembly, That the following amounts are due the following persons for services inci- lent to the opening of the House: Talton Turrentine $16 00 Ike Oldham 12 00 Robert Wyatt 12 00 Emmet Webb 12 00 1259 HOUSE EESOLUTIOHS. Be it further resolved, That the Treasurer is authorised by the House to pay the foregoing amounts to the persons named. Be it further resolved, That this item shall be included in the General Appropriation bill. W. K. ABERNATHY, Speaker of the House of Representative*. NUMBER 12. Whebeas, an allwise Providence has removed from tk scenes of active life the father of our fellow Representa- tive, lion. J. N. King ; therefore Be it resolved, that the House extend him its sympathy and condolence in this the hour of his bereavement, and that a copy of these resolutions be spread upon the Journal of the House, and an enrolled copy be furnished Repre- sentative King. WILL K. ABERNATHY, Speaker of the House of Representatives. NUMBER 13. Be it resolved, That the chairmen of the different com- mittees be requested to announce just before adjournment each day the time and place of meeting, and what bills will be considered at the announced meeting of their respective committees. W. K. ABERNATHY, Speaker of the House of Representative*. NUMBER 16. Be it resolved by the House of Representatives, That the Secretary of State furnish to the House of Represa- HOUSE RESOLUTIONS. 1258 tstivw ax copies of Shannon's Code and supplements, taking receipt therefor, said books to be returned to the Secretary of State at the expiration of the present ses- WILL K ABERNATH Y, Speaker of the House of Representative^. NUMBER 17. Be it resolved by the House of Representatives, That the hour for the address to be delivered by Hon. Thos. M. Owen and Hon. Dunbar Rowland, by invitation of House by Resolution No. 3, be fixed as a special order for Tues- day, January 10th, at 11 a. m. WILL K ABERNATHY, Speaker of the House of Representatives. NUMBER 18. Be it resolved by the House of Representatives of the Fifty-fourth General Assembly, That the Sergeant at Arms of the House be directed to erect a bulletin board at some suitable place in the House to be used by the several committees of the House to state the time and place of the meeting of each committee, and the cost of same be included in the general appropriation bill. WILL K ABERNATHY, Speaker of the House of Representatives. NUMBER 19. Whebeas, It has heretofore been customary for the hats and coats of the members to be taken care of in one of the zooms inside the bar of the House, and 1254 HOC8B RESOLUTIONS. Whxrsas, Now they are to be cared for outside the bar of the House; therefore Be it resolved, That the Speaker of the House is hereby empowered and instructed to appoint a porter whose sole duty shall be to take charge of and care for the ooate and lpts of the members, and that the money for his compen- sation be included in the general appropriation Act. WILL K ABERNATHY, Speaker of the House of Representatives. NUMBER 20. Be it resolved by the House of Representatives, That it is the sense of the body that its porters be paid at the rate of $2,50 per day, each, for their services, the same to be included in the general appropriation bill Will K ABERNATHY, Speaker of the House of Representatives. NUMBER 21. Whereas, The House has learned with heart-felt sor- row of the death of Hon. J. W. Richardson, of Houston County, who was a member of the Forty-sixth General Assembly, therefore Be it resolved, by the House of Representatives, that in the death of Hon. J. W. Richardson, the State has lost an honorable and upright citizen, one who was a faith- ful Representative of his people in the former Legislature, and we extend to his family and relatives our profound sympathies in this their sad bereavement Resolved, That this resolution be spread upon the Journal of the House, and a copy be furnished the family of the deceased. Will K. ABERNATHY, Speaker of the House of Representative* HOUSE BESOLUTIONS. 12§5 NUMBER 25. Whebeas, Our Heavenly Father, in his wisdom, has seen cause to remove from the walks of life during this session of the Legislature, Honorable L. W. Morgan, of Gibson County, who represented that county so ably in this body in 1901 and 1903. Be it resolved by the House of Representatives, That in the death of Mr. Morgan the State of Tennessee has lost a worthy citizen and an honorable Christian gentle- man; Be it further resolved, That this body extend to his noble and lovable wife and sweet children, in their be- reavement, our sincere sympathy, and that a copy of these resolutions be mailed to them by the Clerk of this House. W. K ABERNATHY, Speaker of the House of Representatives. JTTJMBEK 26. Resolved, That 200 copies of each House Bill No. 142 and No. 146 be printed. Will K. ABERNATHY, Speaker of the House of Representatives. NUMBER 27. Whebeas, We have learned with profound sorrow and regret of the serious sickness of our efficient Comptroller and esteemed citizen, the Hon. Frank Dibrell, be it Resolved by the House of the Fifty-fourth General As- sembly of the State of Tennessee, That we extend to him our sincerest sympathy in his affliction, and the earnest hope that he will soon recover from his present illness and be permitted to return to his post of duty, so success- fully filled during his past administration. 1256 HOUSE RESOLUTIONS. Be it further resolved, That these resolutions be spread upon the Journal of the House as a token of our respect for him. W. K ABERNATHY, Speaker of the House of Representative*. INCUMBER 28. Be it resolved by the Rouse of Representatives of Ten- nessee, That we tender our thanks to the Hon. Walter P. Brownlow for the copies of Constitutional Manual and Digest presented by him to this body, and that a copy of this resolution be mailed the Hon. Walter P. Brownlow. W. K ABERNATHY, Speaker of the House of Representatives. NUMBER 29. Whereas, several bills have been introduced in this House creating new judicial circuits, therefore Be it resolved by the House of Representatives, That the Chairman of the Judiciary Committee be instructed to appoint a committee of , from each Grand Division of the State, to investigate, and, if necessary, draft a bill which will relieve the congested condition of the Circuit Courts in this State. Amend so as not to include bills introduced as to cir- cuit for Shelby County. W. K ABERNATHY, Speaker of the House of Representatives. NUMBER 31. Whereas, Divine Providence has seen fit to take from us Mr. Y. W. Jones, who is a brother-in-law of our fellow member, Mr. Geo. W. Peay, therefore HOUSE RESOLUTIONS. 1257 Be it resolved by the House of Representatives, That -we extend to Mr. Peay, and the members of his family, the sympathy of this House. W. K. ABERNATHY, Speaker of the House of Representatives. NUMBER 32. Whsbsas, We have been reliably informed that, owing to the arc light of the House has been a part of the gen- eral circuit of the City of Nashville, and that light cannot be turned on before 4 o'clock p. m., and inasmuch as light is necessary in order to read the Journal and transact business; Be it resolved, That the Superintendent of the Capitol be directed to have a direct connection with power house made, so that light can be turned on ; provided, said direct connection with the power house will not cost anything. W. K. ABERNATHY, Speaker of the House of Representatives. NUMBER 33. Be it resolved by the House of Representatives, That the Chairman of the Committee on Charitable Institu- tions be allowed to appoint one Assistant Sergeant at Arms to accompany said committee on their trip, and to work with said committee while they are at work, and that he be paid in the same proportion that he is now paid, and that this item be included in the general appropria- tion bill. W. K. ABERNATHY, Speaker of the House of Representatives. 1258 HOUSE RESOLUTIONS. NUMBER 35. Whekeas, By resolution No. 12 of the last session of this body, the Sergeant at Arms was ordered and directed to purchase a copy of Shannon's Code of Tennessee for the use of the Judiciary Committee ; and, Whebeas, It appears that the same was done, and it was further ordered in said resolution that at the close of the session, said code should be turned over to the Super- intendent of the Capitol for safe keeping, which appears has not been done, therefrre Be it resolved, That the Clerk of this House and the Sergeant at Arms be directed to ascertain what disposi- tion was made of said book after the adjournment of the last Legislature, and where the same is at the present, if such information can be procured, also to get possession of said code, and bring same into this House to be used and disposed of as may be hereafter directed. Adopted. W. K ABERNATHY, Speaker of the House of Representatives. NUMBER 36. Whereas, Hon. L. E. Anderson, one of the Representa- tives of Shelby County, has been seriously ill for the past ten days, and is now threatened with pneumonia ; and Whebeas, the absence of Representative Anderson is a matter of regret to his colleagues of the House, and par- ticularly of the Shelby delegation, on account of his genial nature and wise counsel, Be it resolved, That the House hereby express its sor- row for the illness of Representative Anderson, with the hope of his speedy recovery and return to his seat. Adopted January 27, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. HOUSE RESOLUTIONS. 1259 NUMBER 37. Resolved, That Hon. W. E. Latture be sworn in as the Joint Representative for Hawkins and Sullivan Counties on his prima facie case made by the returns from said counties, pending the investigation as to tKe reason why no election was held in the Wallace precinct of the seventh district of Hawkins county. Adopted January 27, 1905. W. K ABERNATHY, Speaker of the House of Representatives. NUMBER 38. A resolution relating to the illness of Representative Mayo, Whxbeas, Out efficient fellow member, the Hon. T. D. Mayo, of Weakley County, is unable to meet with us on account of illness; therefore, Be it resolved by the House of Representatives, That we tender to him our sympathy and wish for his speedy recovery. Adopted January 27, 1905. W. K ABERNATHY, Speaker of the House of Representatives. NUMBER 39. Be it resolved by the House of Representatives, That the Clerk of the House be, and is hereby authorized, to have printed 1,000 copies of the Governor's inaugural address for the use of the House, and that the cost of same be included in the appropriation bill. Adopted January 27, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. 1260 HOUSE RESOLUTIOKS. NUMBER 40. Be it resolved by the House of Representatives, That the Speaker of the House be, and is hereby authorised, to appoint the Sergeant at Arms and one of his assistant! to remain in charge of hall of the home of Representa- tivee during the reoesB, and that said officers of the Hense are required to perform any other duties that may be required of them by the members of committees working during the recess. Adopted January 27, 1906. W. K ABERNATHY, Speaker of the House of Representatives. NUMBER 41. Whxbbas, We learn with profound sorrow of the sick- ness of our fellow members, Hon. W. T. Wilson, and Hon. L. E. Anderson, who are now oonfined at their homes and unable to be in attendance on the floor of die House of Representatives in the discharge of their official duties; therefore, Be it resolved by the House of tiie Fifty-fourth General 'Assembly of the State of Tennessee, That we extend to said fellow members our sincere sympathy, with the hope that they may soon recover from their present illness and be permitted to attend our sessions. Be it further resolved, That this resolution be spread upon the Journal of the House as a token of our respect and esteem for them. Adopted January 30, 1905. W. K ABERNATHT, Speaker of the House of Representatives. NUMBER 43. Whereas, It appears from the books and accounts of the Superintendent of the Capitol that the present cost for lighting the Capitol and grounds is from a hundred to a hundred and forty dollars per month ; therefore, HOUSE RESOLUTIONS. 1261 Be it resolved, That reference be had to the Committee n Public Grounds and Buildings to investigate, and as- ertoin whether or not some cheaper method or company an he adopted or procured for said purpose, and that aid committee be required to report toe result of their ction in the premises, to this body at an early date aa racticable. Adopted February 1, 1905. W. K ABERNATH Y, Speaker of the House of Representatives. NUMBER 44. Be it resolved by the House of Representatives, That he Engrossing Clerk of the House, and her assistant, be lirected to remain during the recess a sufficient time to iniah all the work in their hands. Adopted February 2, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. NUMBER 46. Be it resolved by the House of Representatives, That hey learn of the death of the Hon. Jno. H. Reagan, of rexas, with profound sorrow. That in his death the sountry has lost one of its great statesmen, the South has lost a loyal son and the cause of the common people a itaunch friend. Resolved further, That the Clerk of the House cause a oopy of this resolution to be delivered to the family of the illustrious deceased. Resolved further, That the House do now stand ad* journed until tomorrow morning out of respect to his mem- ory. Adopted March 7, 1905. W. K ABERNATHY, Speaker of the House of Representatives. 1262 HOUSE RESOLUTIONS. NUMBER 47. Be it resolved by the House of Representatives of (U General Assembly of the State of Tennessee, That a com- mittee of seven from the House, Peay, Lipsoomb, Cooper, Boyle, Carter, Toncray and Hilliard, be appointed by th» Speaker to act in conjunction with a similar committee ap- pointed by the Senate, to draft and report appropriate resolutions in regard to the death of Senator Bate. Passed March 10, 1905. W. K ABERNATHY, Speaker of the House of Representative*. NUMBER 48. Whereas, Providence has seen fit to remove from the walks of men our beloved and honored fellow-citizen, Gen. W. B. Bate, at the time of his death the Senior Senator from the State of Tennessee in the Congress of the United States, we, the members of the House of Representatives of the Fifty-fourth General Assembly of the State of Ten- nessee, feel that we should give an expression of the loss to have sustained and our appreciation of his high character as a patriot, soldier, statesman and citizen ; therefore be it Resolved, That in the death of Senator Bate the State has lost a Senator who always had at heart the interest of the whole people whom he served and who on all occasions exhibited a marked ability in choosing a line of policy on questions affecting the public welfare ; that the State has lost a citizen who by the exhibition of all the qualities that make men great had won the love and admiration of the whole people ; that viewed in whatever phase of his life? whether as a soldier, Senator in Congress, the Governor of a great State, or as a private citizen, he has left to us the heritage of a character so high as to be an ornament to the history of our time ; that as a last testimonial of our ap- preciation of our distinguished friend a copy of these reso- lutions be entered upon the Journal of the House, and a copy be furnished his family. Passed March 14, 1905. W. K ABERNATHY, Speaker of the House of Representati&t HOUSE RESOLUTIONS. 1263 NUMBER 49. Whereas, Hon. T. Bun Carson, a member of this House, has been seriously ill for several days and unable to attend the meetings of this House ; therefore be it Resolved, That we extend to him our sincere sympathy and hope for him a speedy recovery. Adopted March 15, 1905. W. K ABERNATHY, Speaker of the House of Representatives. NUMBER 50. Wecebeas, We have learned with profound sorrow of the death of the father of our fellow-Representative, Hon. James M. Cox, of Smith County ; therefore be it Resolved, That we extend to him our sympathy in his deep affliction and bereavement; be it further Resolved, That a copy of these resolutions be forwarded to the family of the deceased. Passed March 16, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. 1TCTMBER 51. Whereas, More than half the time allowed the General Assembly by the Constitution has elapsed, and as the House calendar is liable to become congested and block some important legislation ; therefore Be it resolved, That the House hold night sessions on Tuesday and Thursday nights of each week, commencing Thursday night, March 23, 1905, for the consideration of local bills only, thus leaving the day sessions of the House for general bills. Adopted March 21, 1905. W. K ABERNATHY, Speaker of the House of Representatives. 1964 HOUSE RESOLUTIONS. NUMBER 52. Be it resolved by the House of Representatives, That no member be allowed to ask a speaker on tbe floor a ques- tion in debate, unless it be a question for information, and that no running debate be allowed. Adopted March 28, 1905. J. J. BEAN, Speaker pro tern of the House of Representatives. NUMBER 55. Whereas, The House of Representatives of the State of Tennessee has learned with deepest regret of the afflic- tion which Representative Albert Benham, of Shelby County, has sustained in the lose of his brother, Leon Benham; Be it resolved, That the sympathy of the House be ex- tended to Representative Benham in his bereavement. Passed March 24, 1905. W. K ABERNATHY, Speaker of the House of Representatives. NUMBER 57. Wiibreas, The Hon. Jere Baxter, a Senator of the Fif- ty-third General Assembly of Tennessee, has, by the final and inexorable decree of Providence, been taken from the walks of men ; and Whereas, He was a citizen, the peer of any who had preceded him, and a public servant of great integrity and acknowledged ability, a man who was burdened with cease- less activity in the upbuilding of his native State, and who guarded with strict fidelity the interests of the people whom he served ; therefore, HOUSE RESOLUTIONS. 1265 Be it resolved by the House of 'Representatives, the Sen- ate concurring , That we, the Representatives of the people of Tennessee, revere his memory, and publicly acknowl- edge the great debt of gratitude due Jere Baxter for these splendid and heroic achievements which are a blessing to one and all. Passed April 4, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. NUMBER 58. Resolved, That when members absent themselves from sessions of the House that the names of such members be furnished the State Treasurer by the Speaker, and that said Treasurer is hereby instructed to withhold the per diem of such absentees for the days upon which they are not in attendance. Passed April 5, 1905. W. K ABERNATHY, Speaker of the House of Representatives. NUMBER 60. Whebeas, We learn with sorrow of the illness of our fellow-member, Capt. A. A. Lipscomb, who is unable to sit at this time in the deliberations of this body; therefore, beit Resolved by the House of Representatives, That we ex- tend to him our sincere sympathy in his afflictions, hoping that he may speedily recover and be able to resume his «eat with us on the floor of the House. Passed April 5, 1905. W. K ABERNATHT, Speaker of the House of Representatives. 80 1266 HOUSE RESOLUTIONS. NUMBER 61. Resolved, That the clerk is instructed to have 500 cop- ies of the report of the Penitentiary Investigating Com- mittee printed, and that said report be printed in the Journal of the House. Adopted April 6, 1905. W. K ABERNATHY, Speaker of the House of Representatives. NUMBER 62. Whereas, T. R. Brooks, a member of this House, has been seriously ill with appendicitis, and has been unable to attend the meetings of this body, and will be unable to finish the term out with his fellow-members; therefore, be it Resolved, That we extend to him our sincere sympathy in his sickness, and that we hope for him a speedy recov- ery. Adopted April 7, 1905. W. K ABERNATHY, Speaker of the House of Representatives. NUMBER 63. Wheeea8, Divine Providence has seen fit to remove from the walks of men our distinguished fellow-citizen and former Representative from McMinn County, Hon. J. D. Porter ; therefore be it Resolved by the House of Representatives, That in the death of Hon. J. D. Porter the State has lost one of her most useful and enterprising citizens ; and be it further Resolved by the House of Representatives, That we ex- tend to his family our sincere sympathy in the hour of HOUSE RESOLUTIONS. 1267 their bereavement, and that a copy of this resolution be spread upon the Journal of the House, also an enrolled copy be furnished the family of the deceased. W. K ABERNATHY, Speaker of the House of Representatives. NUMBER 64. Wheeeab, The State of Tennessee and City of Nash- ville will have as guests tomorrow the Hon. Champ Clark and the Hon. C. N. Grosvenor, two of the most distin- guished statesmen of America ; therefore be it Resolved, That a cordial invitation is hereby extended to these gentlemen to address the House of Representa- tives Thursday, April 13, at such hour as suits their pleas- tire, and that a committee be appointed by the Speaker to extend this invitation. W. K ABERNATHY, Speaker of the House of Representatives. NUMBER 65. Resolved by the House of Representatives, That the Chairmen of all committees are directed to return at once all bills in their possession to the Clerk of the House, and that hereafter no other bills be referred to committee. W. K ABERNATHY, Speaker of the House of Representatives. HOUSE JOINT RESOLUTIONS. HOUSE JOINT RESOLUTIONS. NUMBER 1. Be it resolved by the House of Representatives, the Senate concurring, That a committee of six, three from the House and three from the Senate, he appointed by the Speaker of the House and Senate respectively, to wait upon the Governor and notify him the Senate and House of Representatives are now organized for business, and ready to receive any communication he may desire to transmit to the two bodies. Wiix K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 11, 1905. JAMES B. FRAZIER, Governor. NUMBER 3. Whisbeas, The Hon. Thomas M. Owen and Dunbar Rowland, archivest respectively of Alabama and Missis- sippi, have been invited by the Tennessee Historical So- ciety to visit Nashville on January 10th and 11th; and Whebeas> The object of this visit is to discuss the best method for the collection and preservation of the public record and State's history ; therefore, be it resolved 1. That these distinguished gentlemen be invited to address a joint meeting of the Senate and House of Rep- resentatives at such an hour as may be fixed by the joint action of the two bodies, on the morning of January 10th. 2. That a joint committee from the Senate and House of Representatives be appointed by the respective chairs 1272 HOUSE JOINT RESOLUTIONS. to notify these gentlemen of the wishes of the two bodies, and to make such arrangements as to carry out the object of the resolution. Will K. ABERKATHY, Speaker of (he House of Representatives, J. I. COX, Speaker of the Senate. Approved January 11, 1905. JAMES B. FRAZTER, Governor. NUMBER 4. Be it resolved by the General Assembly of the State of Tennessee, That Governor-elect, Hon. James B. Frazier, be inaugurated on Tuesday, January 24, 1905, and that for this purpose the two bodies meet in joint convention in the hall of the House of Representatives at 11 o'clock a. m., on said date. That a joint committee of three on the part of the House, and three on the part of the Senate, be appointed by the respective Speakers of said Houses upon inaugural ceremonies, with full powere and authority to make all proper and necessary arrangements for the inauguration Passed January 17, 1905. Will K ABERNATHT, Speaker of the House of Representative*. J. I. COX, Speaker of ike Senate, Approved January 18, 1905. JAMES B. FRAZIER, Governor. NUMBER 5. Be it resolved by the General Assembly of the Stat* ef Tennessee, That on Tuesday, the 10th day ef January, 1905, the House of Representatives and Senate, aept» HOUSE JOINT RESOLUTIONS. 1273 lately, in pursuance of an Act of Congress of date July 26, 1866, will openly, by viva voce vote of each member present, proceed to name a person for the position of Senator in the Congress of the United States from the State of Tennessee, to succeed the Hon. William B. Bate, whose term as Senator expires March 4, 1905. Be it further resolved, That on Wednesday, the 11th day of January, 1905, at 12 o'clock M., the Senate will meet the House of Representatives in the hall of the House of Representatives, in general assembly, for the purpose of comparing the vote cast for said position in the Senate of the United States in each House on the day preceding, and to declare the result thereof, and in ease it be then ascertained that no election was made by the vote of the two Houses, in separate session, for said senatorial position, that then the General Assembly of the two Houses proceed to choose by viva voce vote of each member present for the position and term of office afore- said. Be it further resolved, That in case there be no election on the Wednesday above named for said senatorial term, then said General Assembly shall meet at 12 o'clock m. in the same place on each succeeding day during the current session of the Legislature, and in the manner above named, and take at least one ballot for said sena- torial position and term until an election has been made for the same. Passed January 9, 1905. Will K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIER, Governor. ISTUMBER 6. Whebeas, The Governor, through his message, has called the attention of this body to the present congested condition of the Capitol building, and which we are ad- 1274 HOUSE JOINT RESOLUTIONS. vised is now inadequate to properly accommodate the of- ficers of the State; and, Whebsas, The Chief Executive has suggested that it is possible by making all available space in the building, to bring partial and temporary relief; therefore, Be it resolved by the House of Representatives, the Senate concurring, That the standing committee on Public Grounds and Buildings be instructed to carefully inspect the Capitol building with a view to utilizing all available space for office room, and also to fully investigate as to the necessity and report upon the advisability of construct- ing an annex to the Capitol building, or what additions and improvements should be made. Will K ABERNATHY, Speaker of the House of Representative*. J. I. COX, Speaker of the Senate Approved . JAMES B. FRAZIER, Governor. NUMBER 7. Be it resolved by the House of Representatives, th$ Senate concurring, That the Treasurer be authorized to pay to each member of the General Assembly the sum of $5 for stamps, and that the same be included in the gen- eral appropriation bill. Will K ABERKATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 11, 1905. JAMES B. FRAZIER, Ghvemor. NUMBER 8. Be it resolved by the House of Representatives, ft* Senate concurring, That the Treasurer be authorised to HOUSE JOINT RESOLUTIONS. 1275 My to each member of the General Assembly the sum of 16 for stamps, and that the same be included in the gen- ial appropriation bill W. K ABERNATHY, Speaker of the House of Representatives. J. L OOX, Speaker of the Senate. Approved. JAMES B. FBAZIEB, Governor. ISTUMBER 9. Be it resolved by the House of Representatives, the Senate concurring, That a committee of three, two from lie House and one from the Senate, be appointed by the 3peaker of the respective Houses, to investigate the office rf the State Board of Health. Passed January 9, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 18, 1905. JAMES B. FRAZIER, Qovernor. 1TCJMBER 10. Be it resolved by the House of Representatives, the Senate concurring, That the Senate and the House of Representatives meet in the hall of the House of Repre- sentatives on Thursday, the 12th day of January, 1905, to canvass the returns for Governor and declare the result Will K ABERNATHY, Speaker of the House of Representatives. J. I. COX, • Speaker of the Senate, Approved. JAMES B. FRAZIER, Governor. 1976 house jonrr besouttioks. NUMBER 11. Be it resolved by the General Assembly of the Stab of Tennessee, That the presidential electors, chosen in die election in November, 1904, be allowed four dollars ($4) per day for three days' services, and same rate of mileage now allowed by law to the members of the General As- sembly, and the Comptroller is authorized and empowered to draw his warrant to the respective electors for amount due each, and that the same shall be included in the gen- eral appropriation bill, but this shall only apply to those in actual attendance. Wnx K. ABERNATHY, Speaker of the House of Representative*. J. I. COX? Speaker of the Senate* Approved. JAMES B. FEAZTEK, Governor. NUMBER 12. Be it resolved by the House of Representatives, the Senate concurring, That the thanks of this General As- sembly be tendered to the Hon. Thos. M. Owen, of Ala- bama, and the Hon. Dunbar Rowland, of Mississippi, for the scholarly, instructive, and eloquent addresses delivered before this Assembly on January 10, 1905, on the sub- ject of State Archives and History. Passed January 12, 1905. Well K ABERNATHY, Speaker of the House of Representatives J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIER, Governor* HOUSE JOINT BESOLUTIOK8. 1277 NUMBER 13. Whereas, Various counties report insane patients, and for whom there is not room in the Asylum ; therefore, Be it resolved by the General Assembly of the State of Tennessee, That the committee on Charitable Institutions investigate these conditions and report to this General Assembly the needs, if any, of extension of this institution for the accommodation of these patients. Passed January 13, 1905. Will K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate: Approved January 18, 1905. JAMES B. PRAZIER, Governor. NUMBER 15. Be it resolved by the General Assembly of the State of Tennessee, That a joint committee of two from the Senate, and three from the House, be appointed by the respective Speakers to investigate the office books and accounts of the Secretary of State, and that for that purpose said committee have power to employ an expert accountant at a salary not to exceed $5 per day. Passed January 13, 1905 Will K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. JAMES B. FRAZIER, Governor. NUMBER 16. Be it resolved by the House of Representatives, the Sen- ate concurring, That both Houses of the General As- 1278 HOUSE JOINT RESOLUTIONS. sembly, take a recess from Saturday, February 4, 1905, at noon, until Tuesday, March 7, 1905, at 10 o'clock a. x. Passed January 23, 1905. W. K ABERtf ATHY, Speaker of the House of Representatives. J. L COX, Speaker of the Senate* Approved. JAMES B. FRAZTER, Governor. NUMBER 17. Be it resolved by the House of Representatives of the Fifty-fourth General Assembly, the Senate concurring, That the various investigating committees hereinafter named shall be composed of the number named herein, and shall have the time allotted to them that is named herein. Committee on Charitable Institutions. — Five members from the Senate, including the Chairman; seven members from the House, including the Chairman. Time limited to actual necessity for doing the work, not to exceed twenty days. Committee on Education and Common Schools. — Four from the Senate, including Chairman; six from the House, including Chairman. Time limited to actual ne- cessity for doing the work, not to exceed fifteen days. Committee on Penitentiary. — Four from the Senate, in- cluding Chairman ; six from the House, including Chair- man. Time limited to actual necessity for doing the work, not to exceed twenty days. Committee on Agriculture. — Four from the Senate, in- cluding Chairman; six from the House, including Chair- man. Time limited to actual necessity for doing the work, not to exceed ten days. Passed January 19, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 26, 1905. JAMES B. FRAZIER, Governor. HOUSE JOINT RESOLUTIONS. 1279 NUMBER 18. Be it resolved by the House of Representatives, the Sen- ate concurring, That a committee of two from the House and one from the Senate be appointed to investigate the Land Register's Office for the Middle District of Tenr nessee. Passed January 19, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved January 27, 1905. JAMES B. FRAZIER, Governor. NUMBER 20. Be it resolved by the House of Representatives, the Senate concurring, That the Treasurer be directed to pay the following amounts : Joy & Son (Flowers) $ 12 00 Finley Dorris (Carriages) *. . 12 00 Pellettieri Bros. (Music) 44 00 E. H. Hyman (Decorations) 75 00 Marshall & Bruce (Invitations) 22 00 Brad. Nichol (Rent of chairs) 30 00 Total $195 00 the same being the expenses incurred by the Joint In- augural Committee in the inauguration of the Governor of the State ; and that the same be included in the general appropriation bill. Passed January 81, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved. JAMES B. FRAZIER, Governor. 1280 HOU8E JOINT RESOLUTIONS. NUMBER 22. Be it resolved by the House of Representatives, the Senate concurring, That Judge Ben. B. Lindsey, of Den- ver, CoL, be invited to address the General Assembly on February 1, 1905, at 11 o'clock a. m., in the Hall of the House of Representatives, on the subject of "Juvenile Courts and Laws Pertaining Thereto." Passed January 30, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate! Approved. JAMES B. FRAZIER, Governor. NUMBER 24, Be it resolved by the General Assembly of the State of Tennessee, That the special committees heretofore ap- pointed to investigate and examine the various depart- ments and offices of the State Government located in the State Capitol, and also the various visiting committees hereafter to be appointed to visit the various State institu- tions, be, and are hereby, authorized, empowered, and in- structed to make a thorough and complete investigation of each of said departments and institutions ; that the said special and visiting committees are specially appointed to examine and visit with the view of ascertaining whether or not any of said departments can be abolished or consoli- dated, or the force or forces employed in any of said de- partments or institutions can be reduced or dispensed with, without impairing the public service. Resolved further, That each of said committees are hereby required to report the number of employes in each department or institutions to examines or visits and the salary paid to each, and with such recommendations to the HOUSE JOINT RESOLUTIONS. 1281 General Assembly as each of said committees may deem right and just to the State and the people. Adopted February 3, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 17, 1905. JAMES B. FRAZIER, Governor. NUMBER 25. Be it resolved by the House of Representatives, the Sen- ate concurring, That we extend to Judge B. B. Lindsey, of Colorado, our sincere and heartfelt tHanks for his able and eloquent address that he delivered today on "Juvenile Courts." Adopted February 3, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 17, 1905. JAMES B. FRAZIER, Governor. NUMBER 29. Be it resolved by the House of Representatives, the Sen- ate concurring, That the Special Penitentiary Committee appointed and selected to visit and examine the State Prison during the recess be, and is hereby, authorized and instructed to look into the advisability of connecting the Capitol with the electric plant at the main prison, with the view of furnishing the Capitol with electric lights from 81 1282 HOUSE JOINT RESOLUTIONS. « said plant; ascertain the cost of said connection and re- port the result of its findings to the General Assembly. Adopted February 4, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 17, 1905. JAMES B. FRAZIER, Governor. NUMBER 81. Be it resolved.by the House of Representatives, the Sen- ate concurring, That the Joint Committee of the House and the Senate be appointed to investigate insurance rates in Tennessee be 'authorized to employ a stenographer, if in the judgment of the committee, one is deemed neces- sary. Adopted March 8, 1905. W. K ABERtfATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 17, 1905. JAMES B. FRAZIER, Governor. NUMBER 33. Whereas, Under and by virtue of Senate Joint Resolu- tion No. 8, a joint committee of the Senate and House of Representatives has been engaged during the recess in the investigation of matters pertaining to insurance "in Ten- nessee; and, Whereas, Said Joint Resolution provided that said committee should report not later than March 10, 1905; and, HOUSE JOINT RESOLUTIONS. 1283 Wheeeas, Said committee has examined a large number >f witnesses, a considerable portion of whose testimony has lot been transcribed by the committee stenographers, for ack of time, and said committee has also collected a large rohune of evidence in the form of printed schedule and :ariffs and other documental evidence pertaining to fire insurance rates, whieh will require considerable time to properly examine and consider ; therefore be it Resolved by the House of Representatives, the Senate concurring, That the time within which the said committee shall make its report be extended to March 28, 1905. Passed March 14, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 17, 1905. JAMES B. FRAZIER, Governor. NUMBER 34. House Joint Resolution with reference to the death of General Bate. Whereas, We have just learned with profound sorrow of the death of General William B. Bate, Senior Senator from the State of Tennessee, in Washington, at 6:30 o'clock this morning; and, Whebeas, Senator Bate was a greatly beloved citizen of our State, an eminent soldier and statesman, whose death will be greatly deplored throughout the State he has served so well in war and in peace ; therefore be it Resolved by the General Assembly of Tennessee, That the Speaker of the House be authorized and directed to appoint a committee of ten from the House, and the Speaker of the Senate, a committee of eight from the Sen- ate, whose duty it shall be to make such funeral arrange- ments as may be agreeable to the family of the illustrious deceased, and such as his distinguished public services de- serve 5 be it further 1284 HOUSE JOINT RESOLUTIONS. Resolved, That as a further mark of our appreciation of the high character and distinguished services of Genera! Bate, that the General Assembly adjourn until 10 o'clock tomorrow morning. Passed March 9, 1905. W. K ABERNTATHY, Speaker of the House of Representative*. J. I. COX, Speaker of the Senate. Approved March 17, 1905. JAMES B. FRAZIEB, Chvernor. NUMBER 38. Whereas, A dispute exists between the States of North Carolina and Tennessee as to the true location of the State line between said States at or near the headwaters of Tellico River, said line being the line separating the coun- ties of Cherokee and Graham, North Carolina, from the County of Monroe, Tennessee ; and NUMBER 36. Be it resolved by the House of Representatives, the Sen- ate concurring, That the Treasurer be, and is hereby, directed to pay to E. Hyman, decorator, the sum of two hundred dollars for decorating the House for funeral serr- ices, and that the same be included in the Appropriation Bill. Adopted March 20, 1905. W. K ABERNTATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate, Approved March 22, 1905. i JAMES B. FRAZIER, Qovemor. \ HOUSE JOINT RESOLUTIONS. 1285 Whereas, Said line was run and marked in 1821 by A. Smith, Isaac Allen, and Simeon Perry, Commissioners on the part of Tennessee, and James Mebane, M. Stokes, and R. Ix>ve, Commissioners on the part of North Carolina, and report thereof was made to both of said States by said Joint Commissioners showing the exact location of said line as run and marked by them under authority from the said two States ; and Whebbas, The report of said Commissioners was adopt- ed and approved by both of said States by Acts of their respective Legislatures passed in the year 1821 ; and Whereas, The original report of said Commissioners made to the State of [North Carolina was reported to have been lost or destroyed by fire when the capitol of said State was burned; and Whereas, The original report of said Commissioners made to the State of Tennessee and the map accompanying the same have been lost or mislaid until recently, but are now found, and owing to the reported loss of these reports and maps, so that it was hard to tell certainly the exact location of this linq, both of said States have for some time been claiming jurisdiction over a large and valuable territory included between the line as claimed by Tennes- see and that claimed by North Carolina, and thus causing great trouble in enforcing the law of either State on this territory; and Whereas, The original report and map accompanying the same made to the State of Tennessee, which seems were for a time lost or mislaid, have been found to show the true location of said line to be where Tennessee has always claimed it to bej Now, therefore, to the end that said dispute shall be forever and finally settled, Be it resolved by the House of Representatives of the State of Tennessee, the Senate concurring, That the Gov- ernor of the State be, and is hereby, authorized and in- structed to forthwith open communications with the proper authorities of the State of North Carolina and procure from said State, if possible, such official recognition of said line, as shown in the report and map of the aforesaid Com- mission, as will definitely, finally, and forever settle and fix said line as shown by said report and map, and to this end the Governor is authorized and empowered to take all such steps as may be necessary to settle said dispute and locate said line according to the report and map of said 1286 HOUSE JOINT RESOLUTIONS. Commission, and whatever expenses may be incurred on this behalf will be provided for in the General Appropria- tion Bill. Adopted March 17, 1905. W. K ABERNATHY, Speaker of the House of Representative*. E. RICE, Speaker of the Senate. Approved March 30, 1905. JOHN I. COX, Governor. NUMBER 39. Whereas, Nearly all the taxpayers of Montgomery County are tobacco growers and belong to the Tobacco Growers' Association, and said Association has petitioned the General Assembly of the State of Tennessee to suspend and remit all costs, fines, penalties, and forfeitures on all taxes due March 1, 1905, and extend the time for paying said taxes until June 1, 1905, on account of the condition that now exists in said county due to the fact that the Tobacco Trust has for the past three years dictated the price of tobacco, and in consequence of this the price of said tobacco is below the cost of production; and Whereas, The said farmers and taxpayers of said coun- ty are holding their tobacco and fighting the Trust in or- der to obtain a living price for their tobacco, and by reason of these conditions the taxpayers of said county have not now the money to pay their taxes, and cannot obtain the same without a great sacrifice of their interests ; therefore Be it resolved by the House of Representatives, the Sen- ate concurring^ That the relief asked for be granted ; that the Comptroller of the State be directed to authorize the Trustee of said county to suspend all fines, costs, penalties, and forfeitures due the State on all taxes March 1, 1905, until June 1, 1905, and the time for paying said taxes be HOUSE JOINT RESOLUTIONS. 1287 extended until June 1, 1905, at which time said Trustee shall proceed with the collection of said taxes. Passed March 24, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved March 29, 1905. JOHN I. COX, Governor. NUMBER 40. To grant the Knoxville Power Company the right to dam the Little Tennessee River. Section 1. Be it resolved by the General Assembly of the State of Tennessee, That the Knoxville Power Com- pany, of Knoxville, Tennessee, be, and is hereby, author- ized to construct a dam or dams across the Little Tennessee River above Tallassee Ford for the purpose of furnishing power for lighting, manufacturing, and other purposes. Sec. 2. That said company, in the construction and operation of said dam or dams, shall conform to all the conditions and requirements that may be made by the Secretary of War. Sec. 3. That before beginning the work the Knoxville Power Company shall file with the Secretary of War the plans, drawings, specifications, and so forth, to be used in connection with the construction of the said dam or dams, and shall have his approval thereof, and until such approval is given such structures shall not be commenced. Sec. 4. That said works shall be constructed as here- tofore provided, in accordance with the conditions and re- quirements made by the Secretary of War, and the said company shall be responsible for any damages or injuries caused by failure of said company to comply with such conditions and requirements. Litigation arising from these causes may be tried in the courts of the United States for the district in which said works are situated; Provided further, that should the works at any time, and for any cause whatever, become an unreasonable obstruc- 1288 HOUSE JOINT RESOLUTIONS. tion to navigation, the Secretary of War shall have au- thority to direct and compel the Knoxville Power Com- pany to make such changes as may be necessary to obviate such construction at the expense of the said Knoxville Power Company. Sec. 5. That this resolution shall be null and void if construction of the works be not commenced within one year and be in operation within five years from the date thereof. Passed March 22, 1905. W. K ABERNATHY, Speaker of the House of Representatives. J. I. COX, Speaker of the Senate. Approved March 27, 1905. JAMES B. FRAZIER, Governor. NUMBER 41. Whereas, The members and officials of the Tennessee World's Fair Commission rendered valuable and patriotic services to the State in connection with the Louisiana Purchase Exposition, held at St. Louis April 30 to No- vember 30, 1904; therefore be it Resolved by the General Assembly of the Slate of Ten- nessee, That a vote of thanks be, and is hereby, tendered to the members and officials of said Commission for their services to the State, and that a copy of this resolution, suitably engrossed, engraved, or printed, be forwarded to each member and officer of said Commission by the Secre- tary of State. Adopted April 5, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 7, 1905. Speaker of the Senate. JOHN I. COX, Governor. HOUSE JOINT BESOLUTTONS. 1289 NUMBER 44. Whereas, Numerous complaints are being made over the State in reference to the inferior quality of illuminat- ing oils, which are supplied at various times to the consum- ers "within the State ; and Whereas, The laws of the State provide for the ap- pointment of inspectors, and prescribe a method for testing illuminating oils ; therefore, Be it resolved by the House of Representatives, the Sen- ate concurring, That a joint committee, two from the House and one from the Senate, be appointed by the re- spective Speakers of the two Houses, for the purpose of ascertaining, if possible, wherein lies the cause of said complaints, whether in the fact of a defective or inferior method of testing or because of negligence in the inspectors or their agents. Be it further resolved, That within sixteen days the committee report to the General Assembly the result of their investigation, together with such recommendations as they think will, if adopted, tend to correct the evil. Adopted March 28, 1905. J. J. BEAN, Speaker pro tern of the House of Representatives. E. KICE, Speaker of the Senate. Approved April 4, 1905. JOHN I. COX, Governor. NUMBER 45. Be it resolved by the House of Representatives, the Sen- ate concurring, That we extend an invitation to Gen. Stephen D. Lee, Commander in Chief of the United Con- federate Veterans w& Commissioner of Vicksburg Nation 1290 HOUSE JOINT RESOLUTIONS. al Park, to address the Legislature at 11 o'clock tomorrow, March 24, 1905. Passed March 23, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved March 29, 1905. JOHN I. COX, Governor. NUMBER 46. . Be it resolved by the House of Representatives, the Senate concurring, That the thanks of the General Assem- bly of the State of Tennessee be tendered Gen. Stephen D. Lee for his eloquent and instructive address delivered by him in the interest of the Vicksburg National Park, on March 24, 1905. Adopted March 28, 1905. J. J. BEAN, Speaker pro tern of the House of Representatives. E. RICE, Approved April 4, 1905. Speaker of the Senate. JOHN I. COX, Governor. NUMBER 47. Be it resolved by the House of Representatives, tie Senate concurring, That a joint committee of the Senate and the House be appointed to inquire into the feasibility of purchasing the portrait of Gen. B. F. Cheatham, now hanging in the State Library and to ascertain for what amount said portrait can be purchased. Said committee HOUSE JOINT RESOLUTIONS. 1291 will report the result of its investigation to the Senate and House as soon as practicable. Adopted March 28, 1905. J. J. BEAN, Speaker pro tern of the House of Representatives. E. RICE, Approved April 4, 1905. Speaker of the Senate. JOHN I. COX, Governor. NUMBER 49. Be it resolved by the General Assembly of the State of Tennessee, That the election by the Board of Trustees of the University of Nashville of Gates P. Thruston, J. W. Bonner, and John M. Gaut as Trustees to fill vacancies on said Board be, and the same is hereby, confirmed. Passed April 4, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Approved April 8, 1905. Speaker of the Senate. JOHN I. COX, Governor. NUMBER 50. Whebeas, by a joint resolution of Congress, approved February 28, 1905, it was ordered that certain Confed- erate flags should be returned to the State of Tennessee ; and Whereas, In obedience to said order the Secretary of War has forwarded to His Excellency, James B. Frazier, 1292 HOU8E JOINT BESOLUTION& late Governor of Tennessee, the following Tennessee flap — to wit: First Battalion. First Regiment. Infantry. Sixth Regiment Infantry. Seventh Regiment Infantry. Fourteenth Regiment Infantry. Twenty-third Regiment Infantry. Forty-fourth Regiment Infantry; and, Whereas, There is no appropriate place for the safe- keeping of said flags, and they are by the order of the Governor in the State Library; and, Whereas, Governor Frazier has recommended that ap- propriate cases should be made for their safe-keeping, and in such way that they may be inspected by the public; and, Whereas, Said flags are priceless, and represent to us i the splendid history of a gallant army, whose heroic de- j votion to the cause they loved became the admiration of the world ; and, Whereas, The friends who were once its foes have generously returned them to Tennessee, and have thus given evidence that there is no North, no South, but that we dwell in peace under a flag that all love, and that all would defend as gallantly as each defended his cause dur- ing the sixties; therefore, Be it resolved by the House of Representatives, the Senate concurring, That a committee of one from tne Senate and two from the House be appointed to forthwith have made suitable cases for the preservation and display of said flags, the cost of same to be included in the general appropriation bill, and that said committee also prepare and submit a resolution of thanks to Congress for the return of these cherished and historic relics. Adopted March 23, 1905. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 4, 1905. E. RICE, Speaker of the Senate. JOHN I. COX, Governor. HOUSE JOINT RESOLUTIONS. NUMBER 57. Be it resolved by the General Assembly of the State of Tennessee, That the Attorney General of the State be, and he is hereby, directed to examine into and report to the next General Assembly : Section 1. What property, including real estate and money invested in stocks, bonds, or mortgages, is owned by the University of Tennessee, or of which said Univer- sity is the beneficiary. Sec. 2. The same from which said property was de- rived and in whom the title thereto is now vested. Sec. 3. The manner in which the Trustees of said University are now chosen, and whether the people of the State have the right to participate in the selection of said Trustees. Adopted April 12, 1905. W. K. ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. JOHN I. COX, Governor. Approved April 13, 1905. NUMBER 60. Whereas, The General Assembly, by proper resolution, passed at the earlier part of the session, named four men on the part of the Senate and six on the part of the House to act as a joint visiting and investigating committee to the State educational institutions; and Whereas, By error six men were taken on said commit- tee from the House, exclusive of the Chairman ; and Whereas, After the discovery of the said error only three men were used from the Senate instead of four, the fourth Senator from the Senate (Senator Schubert) giv- ing his place or proxy to another, so tBat the number of 1294 HOUSE JOINT RESOLUTIONS. this Joint Committee did not exceed the number contem- plated and ordered in the original resolution; and Whekeas, Said Joint Committee so composed per- formed all the duties assigned them and within the num- ber of days and within the appropriation allowed for their work; therefore be it Resolved, That we ratify the arrangement above made and allow the proper expenses and charges of said com- mittee so constituted, three from the Senate and seven from the House. Adopted April 13, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 13, 1905. JOHN I. COX, Governor. NUMBER 61. Be it resolved by the House of Representatives, the Sen- ate concurring, That we extend our thanks to the Hon. Charles Grosvenor, of Ohio, and Champ Clark, of Mis- souri, for the delightful entertainment afforded in accept- ing the invitation to address us, and we congratulate onr- selves that our country has two typical Americans who would honor any nation of the civilized world. Passed April 14, 1905. W. K ABERNATHY, Speaker of the House of Representative E. RICE, Speaker of the Senate- Approved April 15, 1905. JOHN I. COX, Governor. HOUSE JOINT RESOLUTIONS. 1295 NUMBER 65. Be it resolved by the House of Representatives* the Sen- ate concurring, That the Fifty-fourth General Assembly adjoin sine die Monday, April 17, 1905, at twelve o'clock noon. Passed April 17, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 17, 1905. JOHN I. COX, Governor. NUMBER 67. Whereas, By Sub-section 8, of Section 5756 of Shan- nons Code, it is made the duty of the Superintendent of the Capitol to furnish the Attorney General and Reporter with an office in the Capitol; and Whereas, No office has been furnished the Attorney General and Reporter in the Capitol; and Whereas, The public interests require that the chief law officer of the State should have an office in the Capitol, and as accessible to the Supreme Court room as may be possible; therefore be it Resolved by the General Assembly of the State of Ten- nessee, That the Superintendent of the Capitol and the Capitol Commission are hereby directed to provide and furnish under his direction a suitable and proper office on the first floor in the Capitol for the Attorney General and Reporter of the State. Adopted April 17, 1905. W. K ABERNATHY, Speaker of the House of Representatives. E. RICE, Speaker of the Senate. Approved April 17, 1905. JOHN I. COX, Governor. SENATE RESOLUTIONS, 89 SENATE RESOLUTIONS. NUMBER 1. Authorizing the Speaker to appoint an Assistant En- grossing Clerk. Resolved by the Senate, That the Speaker is hereby authorized to appoint an Assistant Engrossing Clerk at such time as the business of the Senate shall require such appointment. Adopted January 3, 1905. J. I. COX, Speaker of the Senate: NUMBER 2. Authorizing the Speaker to appoint a Doorkeeper of the Senate. Be it resolved by the Senate, That the Speaker is au- thorized and empowered to appoint a Doorkeeper of the Senate to serve during the present session. Adopted January 3, 1905. J. I. COX, Speaker of the Senate. NUMBER 4. Requiring the Secretary of State to furnish members of Senate with Shannon's Code and Supplement thereto. Be it resolved by the Senate, That the Secretary of State be and is hereby required to furnish to each mem- ber of the Senate a copy of Shannon's Code of Ten- nessee and Supplement thereto for his use during the ses- sion of the Eifty-fourth General Assembly. •Adopted January 4, 1905. J. T. COX, Speaker of the Senate. 1300 SENATE EESOLUTIONS. NUMBER 5. Be it resolved by the Senate, That the Assistant Clerk is hereby authorized and instructed to prepare a roster of the officers and members of the Senate and to have 200 copies of the same printed for the use of the Senate, and that the cost of the same be included in the general ap- propriation bill. Adopted January 5, 1905. J. I. COX, Speaker of (he Senate. NUMBER 6. Be it resolved by the Senate, That the Sergeant-at- Arms is hereby authorized and directed to procure five dollars' worth of stamps for the use of each member of the Senate, and that the cost of same be included in the general appropriation bill. Adopted January 5, 1905. J. I. COX, Speaker of the Senate. NUMBER 9. Resolved, That the thanks of the Senate be given the Hon. W. P. Brownlow for copies of the Constitution, Rules and Manual, edition of 1903, furnished the several members of this body. Be it further resolved. That the Clerk be directed to furnish Mr. Brownlow a copy of this resolution. Adopted January 10, 1905. J. I. COX, Speaker of the Senate. NUMBER 10. Whebeas, On a former day of the present session of the Senate a resolution was adopted, directing the purchase of Codes for the use of the members of the Senate; and SENATE RESOLUTIONS. 1301 "Whereas, The Secretary of State, under a misconstruc- tion of said resolution, has purchased one Code and Sup- plement thereto for the use of each memher of the Senate ; d Whereas, No appropriation was provided for the same said resolution, and there being no appropriation avail- able for that purpose; Be it resolved by the Senate, That the Secretary of State l>© and he is hereby directed to return all of said Codes and Supplements thereto, except five copies of each, which 'will be kept for the use of the Senate, the cost of which 'will be placed in the general appropriation bill. Adopted January 10, 1905. J. L COX, Speaker of the Senate. 1TUMBER.11. Whereas, We have learned with profound sorrow and regret of the serious sickness of our efficient Comptroller and esteemed citizen, the Hon. Frank Dibrell ; be it Resolved by the Senate of the Fifty-fourth General As- sembly of the State of Tennessee, That we extend to him our sincerest sympathy in his afflictions, and the earnest hope that he will recover from his present illness and be permitted to return to his post of duty so successfully filled during his past administration. JBe it further resolved. That these resolutions be spread upon the Journal of the Senate as a token of our respect for him. Adopted January 11, 1905. J. I. COX, Speaker of the Senate. NUMBER 13. Be it resolved by the Senate, That the Secretary of State, in procuring copies of Shannon's Code and Supple- ment thereto for each member of the Senate, acted strictly within the instruction contained in Senate Resolution No. 4, passed January 4th instant, and he is hereby tendered 1302 8ENATE RESOLUTIONS. the thanks of the Senate for his promptness in complying with the same. Resolved further, That Senate Resolution No. 10. passed January 10th instant, was not intended by the Sen- ate to state that said Resolution No. 4 was misconstrued by the Secretary of State, but the misconstruction was by the Senate. Resolved further, That a copy of this resolution be fur- nished by the Clerk of the Senate to the Secretary of State. Adopted January 12, 1905. J. I. COX, Speaker of the Senate. NUMBER 14. Whereas, There seems to be a demand for the creation of additional Judges to relieve the congested dockets of the Courts in some portions of the State; and Whereas, Manj bills have been or will be introduced asking for the creation of said new circuits ; and Whereas, It is the first duty of the Senate to so con- sider the question that needed relief may be given at the lowest cost possible to the State ; Be it resolved, That no bill on this subject will be con- sidered bv the Senate unless introduced within two daj3 after expiration of recess, and that all pending bills and those introduced in the time specified shall be referred to a committee of five, to be selected by the Chairman of the Judiciary Committee, which shall consider the ques- tion of redisricting and report a general bill, which will afford the relief needed, or if this is not possible, report such of the pending bills as they may deem best. Adopted January 20, 1905. J. L COX, Speaker of the Senate. NUMBER 16. Whereas, The Senate has received from Miss Pauline Sherwood Townsend, "Instructor in Expression," a com- SENATE RESOLUTIONS. 1303 munication couched in choicest Shakespearean language, extending an invitation to attend a play to be presented at Belmont College by the young ladies of that university; and Whereas, A committee has been appointed by the Speaker, composed of "a youthful parcel of noble bache- lors'? (All's Well That Ends Well) and "observant widow- ers" (Henry VI.) ; Resolved, That the following letter of acceptance be addressed to Miss Townsend: Senate Chamber, January 20, 1905. Gracious Lady (Cymbeline) : The Senators (of Tennessee), with one consent (Timon of Athens), give most fair return of greeting (Hamlet). A gentle scroll (Merchant of Venice) to bid us welcome (Macbeth) to fair Belmont (Merchant of Venice), where underneath melancholy boughs (As You Like It), fairies haunt the ground (Cymbeline) (nor is the wide world ig- norant of her worth) (Merchant of Venice), we have re- ceived at the latest minute of the hour, a time too short (Love's Labor Lost) for silken dalliance in a wardrobe (Henry V.) ; but our wagon is prepared (All's Well That Ends Weil) and like a rat without a tail, we'll do, we'll do, we'll do (Macbeth) to furnish us forth to Belmont (Merchant of Venice) (and its rosebud garden of girls). The play's the thing will lend us wings as swift as medi- tation or thoughts of love (Hamlet), for now sits expecta- tion in the air (Henry V.). Health and long life to you (Henry IV.). With the Senate's courtesy (Coriolanus), SENATE COMMITTEE: T. W. Pope, John B. Blake, W. P. Hickerson, Hillary E. Howse, J. E. Foust, . Jno. S. MoMurray. Be it further resolved, That the thanks of the Senate be tendered Miss Townsend, and that the Clerk be directed to furnish her a copy of this resolution, signed by the Speaker. Adopted January 23, 1905. J. I. COX, Speaker of the Senate* 1304 8ENATE RESOLUTIONS. NUMBER 17. Whereas. From various sections of the State pressing demands are being made for better public road legislation; and Whereas, The question of good roads is of as much, if not more, importance, perhaps, than any other that will come before the present Legislature; Be it resolved by the Senate, That a committee of fire be appointed from the Senate by the Chairman of Commit- tee on Public Roads to draft and report a bill as soon as practicable to enact such road law as will best subserve the welfare of the people of the State. Adopted January 23, 1905. J. L COX, Speaker of the Senate. NUMBER 18. Be it resolved by the Senate, That the Sergeant-at- Arms may accompany the Penitentiary Investigating Com- mittee in its work during the recess at the discretion of the Speaker for the purpose of summoning witnesses and performing such duties as may be required of him. Adopted January 27, 1905. J. I. COX, Speaker of the Senate. NUMBER 21. Whereas, It appears from the books and accounts of the Superintendent of the Capitol that the present sys- tem of lighting the building and grounds costs the State about the sum of $1,500 per annum ; therefore be it Resolved by the Senate* That a reference be had to the Committee on Public Buildings and Grounds, together with the said Superintendent, to ascertain whether or not some cheaper method can be found for lighting up the Capitol building and grounds, and also whether or not it would be practicable to have the same lighted by making connection with the lighting plant now located at the State Penitentiary and the cost of same, and also the proximate SENATE RESOLUTIONS. 1305 cost of erecting an electric plant within the Capitol grounds at or near the location of the present power house ; laid committee is hereby directed to make this investiga- ion and report the result of their action in the premises it as early a date after the reassembling of this body as practicable. Adopted February 2, 1905. J. I. COX, Speaker of the Senate. NUMBEK23. Whbbeas, The two porters of the Senate, Dock Beackin and Sylvanus Martin, have faithfully and efficiently dis- charged their duties ; and, Whebeas, They are in need of the money and may not resume their duties after the recess ; therefore be it Resolved by the Senate, That the Treasurer is hereby authorized to pay each of said porters the sum of one hun- dred and nineteen ($119.00) dollars, and that the amounts be included in the general appropriation bill. Adopted February 4, 1905. J. I. COX, Speaker of the Senate. NUMBEK 24. Whereas, It has been learned through the newspaper dispatches that Judge John H. Reagan, sole surviving member of the Confederate Cabinet, died at Palestine, Tex., on the morning of March 6, 1905 ; Whereas, Deceased was one of the most highly honored and venerable statesmen in the South, as well as an able jurist ; therefore be it Resolved by the Senate of Tennessee, That in the death of Judge Reagan the Southern States have lost one of their most patriotic, noble and unanimously beloved citizens ; be U further Resolved, That a copy of these resolutions be mailed to tta family of deceased ; be it further 1306 SENATE RESOLUTIONS. Resolved, That, out of respect to the memory of Judgp Reagan, the Senate adjourn until tomorrow morning at 10 o'clock. Adopted March 7, 1905. J. I. COX, Speaker of the Senate. NUMBER 25. Whereas, It is conducive to the public welfare that the State Prison operation be thoroughly investigated by legis- lative authority every two years ; and, Whereas, The time granted has been too short to com- plete such investigation ; therefore be it Resolved by the Senate, That the Senate members of the Penitentiary Investigating Committee, composed of Sena- tors Tollett, Garrett, May, and Pope, be granted such ad- ditional time, not exceeding ten days, as will enable them to make such further investigation as the best interest of the State may demand, and that they be authorized to con- tinue the services of their expert accountants during such time, and that the Sergeant-at-Arms be directed to con- tinue his services with the committee when the Senate is not in session, and that no compensation shall be allowed the members of the committee and the Sergeant-at-Arms, other than their usual per diem as members of the Senate. Adopted March 8, 1905. J. I. COX, Speaker of the Senate NUMBER 26. Whereas, It has just been learned that the Senior Sena- tor from Tennessee, General William B. Bate, departed this life at Washington at 6 o'clock this morning, where he was in the discharge of his official duties; and, Whereas, The news of his death has been heard with great regret and profound sorrow by the people of the State of Tennessee, and the members of the State Senate; therefore be it SENATE RESOLUTIONS. 1307 Resolved by the Senate of the State of Tennessee, That i committee of five be appointed by the Speaker of the Senate to draft and offer appropriate resolutions with ref- srenoe thereto, and that this resolution be spread on the Journal. Adopted March 9, 1905. J. I. COX, Speaker of the Senate. NUMBER 27. Whereas, Sylvanus Martin, a former porter of the Senate, has served this Senate as porter for eight days since the recess ; therefore Be it resolved. That the Treasurer be directed to pay said Sylvanus Martin the sum of $28 for said services, the same to be included in the General Appropriation Bill. Adopted March 16, 1905. J. I. COX, Speaker of the Senate. NUMBER 28. Whereas, Martin Buford served as porter on March 6, 1905, in clearing up the Senate Chambers ; and Whereas, Doc Bratton was out of the city and it be- came necessary for Sylvanus Martin to have an assistant ; therefore Be it resolved, That the Comptroller is hereby directed to pay Martin Buford $3.50 for said services, and that said Comptroller is authorized to draw his warrant for said sum on the Treasurer of the State, and that said sum be included in the General Appropriation Bill. Adopted March 18, 1905. J. I. COX, Speaker of the Senate. 1308 SENATE RESOLUTIONS. NUMBER 29. Be it resolved by the Senate of the General Assembly of the State of Tennessee, That the Sergeant-at-Arms be au- thorized to purchase the necessary desks and furnishings for the accommodation of the Engrossing Clerk and her assistants; and That Sergeant-atArms be authorized to draw on Treas- urer for same. Adopted March 17, 1905. J. I. COX, Speaker of the Senate. NUMBER 31. Whereas, The Honorable James B. Frazier, elected to and duly inducted into office on Tuesday, the 24th day of January, 1905, has been elected by the General Assem- bly of the State of Tennessee to the high and honorable station of Senator in the Congress of the United States, to fill out the unexpired term of the lamented William B. Bate ; and Whereas.. Said Hon. James B. Frazier has resigned the office of Governor of the State of Tennessee in order to enter upon the discharge of the duties of the' office of United States Senator, to which he has been elected ; and Whereas, Upon the resignation of Governor Frazier the powers and duties of the office of Governor have de- volved upon the Hon. John I. Cox, who, at the time of said resignation, was Speaker of the Senate, and who has duly qualified and entered upon the discharge of the duties and powers of the office of Governor ; and Whereas, There is some conflict of opinion since the resignation of the then Governor of Tennessee, the Hon. James B. Frazier, whether or not the Hon. John L Cox, Speaker of the Senate, became acting Governor merely or whether he is clothed with all the authority of that office; and Whereas, The question now confronts the Senate as to whether or not the office of Speaker of the Senate be- came vacant upon the acceptance by the Hon. John I. Cox of the office of Governor and his induction into such office; and 8ENATE RESOLUTIONS. 1309 Wubbeas, The Constitution provides that all bills shall be signed in open session by the Speakers of the respective branches of the General Assembly, but if the office of Speaker of the Senate is vacant, and no new Speaker elect- ed, this constitutional provision cannot be complied with, ■which would result in all bills hereafter passed being of doubtful constitutionality ; and Whereas, There are now pending before the Senate many bills of the gravest public importance, among which aie the General Legislative Appropriation Bills, the Eev- enue Bill, the Assessment Bill, and many other bills of like importance ; and Whereas, if said bills are not enacted in constitutional form, our charitable institutions must close, our courts cease, our State officers go without the compensation in- tended by law, and the whole affairs of State be plunged into hopeless confusion; now, therefore, Be it resolved by the Senate of the State of Tennessee, (1) That the Attorney General of the State bfc, and he is hereby, requested to render to the Senate an opinion as to whether the office of Speaker of the Senate became vacant when, upon the resignation of the office of Governor by the Honorable James B. Frazier, the Honorable John I. Cox, Speaker of the Senate, took the oath of office and as- sumed the powers and duties of the office of Governor un- der the Constitution. (2) That the Attorney General be also requested to sub- mit said question to the Judges of the Supreme Court for their opinion thereon for the advice and guidance, of the Senate in the premises, which opinion of said Supreme Court shall be submitted in writing to this Senate. Adopted March 27, 1905. E. RICE, Speaker of the Senate. NUMBER 32. Besolved, That when upon the resignation of the Hon. James B. Frazier of the office of Governor, the powers and duties of that office devolved upon the Hon. John I. Cox, Speaker of the Senate, and he took the oath of office and assumed the powers and duties of the office of Governor, the office of Speaker of the Senate became vacant. 1310 . SENATE RESOLUTIONS. Resolved further, That the Senate do now proceed to the election of Speaker to preside over their body. Adopted March 28, 1905. E. EICE, Speaker of the Senate. NUMBER 33. Whereas, The Hon. John I. Cox, Speaker of the Sen- ate, upon the resignation of James B. Frazier, has assumed the duties of Governor of Tennessee, thereby severing his connection with this Senate as its presiding officer; and Whereas, Said John I. Cox, while presiding over the Senate as its Speaker, has done so with uniform courtesy and fairness to all, and has filled said position with dis- tinguished ability and credit to himself and the entire State ; therefore Be it resolved by the Senate, That the thanks of this body are hereby tendered him as an expression of sincere appreciation and regard. Adopted March 28, 1905. E. RICE, Speaker of the Senate. NUMBER 34. Be it resolved by the Senate, That the appointment made by the Governor of Gates P. Thruston and William Collier as Commissioners of the Watkins Institute of Nashville be, and the same is hereby, ratified and con- firmed by the Senate of the Fifty-fourth General Assem- bly of the State of Tennessee. Adopted March 30, 1905. E. RICE, Speaker of the Sennit SENATE RESOLUTIONS. 1311 NUMBER 37. Be it resolved by the General Assembly of the State of 'ennessee. That the election by the Trustees of the Ten- essee School for the Blind of Overton Lea to fill the acancy caused by the death of John M. Lea and the elec- ,on of William W. Berry to fill the vacancy caused by ae death of Edward H. East be, and the same is hereby, onfirmed. Adopted April 3, 1905. E. RICE, Speaker of the Senate. NUMBER 38. Be it resolved by the Senate, That no member of the Senate shall be entitled to draw his per diem for any day ibsent, unless excused by the Speaker. Adopted April 7, 1905. E. RICE, Speaker of the Senate. NUMBER 40. Whebeas, The charter of the University of Tennessee provides that upon the death, resignation, or removal from the State of any of the Trustees of the said institution, the vacancy thereby occasioned shall be supplied by the remaining Trustees electing some other person, which election shall remain until the expiration of the next term of the General Assembly, within which time the General Assembly shall confirm such election or supply finch vacancy ; and Whereas, Since the last meeting of the General As- sembly vacancies have been caused in the Board of Trus- tees of said university by the deaths of J. W. Gant, of the 1312 SENATE RESOLUTIONS. Second Congressional District; William C. Dismukes, of] the Fourth Congressional District; and Hugh I*. Craig-1 head, of the Sixth Congressional District, which vacanci* have been filled by the election of John L. Rhea, of the Second Congressional District; W. W. Ogilvie, of the Fifth Congressional District ; and W. C. Tatom, of the Sixth Congressional District; and the said persons so elected having qualified and acted as such Trustees in accordance with the provisions of said charter; therefore be it Resolved by the General Assembly of the State of Ten- nessee, That John L. Rhea, W. W. Ogilvie, and W. C. Tatom be, and are hereby, confirmed as Trustees of said institution, and that the said persons be, and are hereby, invested with full power and authority as Trustees of said institution under its charter and all succeeding laws of this State. Adopted April 12, 1905. E. RICE, Speaker of the Senate. NUMBER 42. Whereas, There is a report in the public press that the lion. Thad Pope, a member of this body, was assaulted in the lobby of the Tulane Hotel last night by Prison Com- missioner W. H. Hartford ; and Whereas, The motive for said attack announced by the said Hartford was that the report of the Sub-Penitentiaij Committee of the Senate (the Hon. Thad Pope being* member of such committee) had lied ; therefore be it Resolved, That a committee of five be appointed to in- vestigate this reported assault and make immediate re- turn of its findings. This committee is given the power to subpoena witnesses and swear the same to the end that the truth of this report may be ascertained, that the proper action may be taken by this body. Adopted April 14, 1905. E. RICE, Speaker of the Senate. SENATE RESOLUTIONS. 1313 NUMBER 43. Resolved, That W. H. Hartford be, and is hereby, cited o appear before the bar of the Senate at ten o'clock a.m. ffonday, April 17, 1905, to answer the charge of assault ind battery committed upon Senator Pope, a member of ihis body, on the 12th inst. Resolved further, That the Sergeant-at-Arms of the Senate be, and is, ordered to arrest said Hartford and have him present to answer said charge as set out in the resolution. Resolved further, That a copy of this resolution, at- tested by the Clerk and signed by the Speaker of the Senate, shall be the authority of the Sergeant-atArms, or warrant of arrest, for the execution of this resolution. Adopted April 15, 1905. E. RICE, Speaker of the Senate. NUMBER 44. Be it resolved by the Senate, That the Comptroller and Treasurer of the State are hereby directed to keep sep- arate accounts of the operations of the Main Prison and Brushy Mountain Prison both as to receipts and disburse- ments. Be it further resolved, That no warrant shall be issued by the Comptroller for the labor prescribed by the month- ly pay rolls unless the pay roll shall contain a certificate from the Commissioner or Commissioners in charge that the pay roll embraces all moneys due all employes, and that there are no accounts- due the State from said em- ployes more than thirty days old. Adopted April 17, 1905. E. RICE, Speaker of the Senate. 83 1314 SENATE RESOLUTIONS. NUMBER 45. Whsbkasj the reporters of the press of the State — namely, Messrs. J. R. Wilson, W. Sheridan Kane, of Nash- ville ; Leonidas Polk, of Memphis ; T. R. Rankin, of Chat- tanooga— have been very kind and courteous to the Senate, and have at all times been impartial in their reports of the proceedings of this body ; therefore be it Resolved by the Senate, That we extend to them our sincere thanks for the fair and impartial manner in which they have at all times reported the proceedings of this body, and the courteous manner in which they hare at all times conducted themselves while in the discharge of their duties. Adopted April 17, 1905. E. RICE, Speaker of the Senate. SENATE JOINT RESOLUTIONS. SENATE JOINT RESOLUTIONS. OTMBERl. Be it resolved by the General Assembly of the State of Tennessee, That a committee of two from the Senate and three from the House be appointed by the Speakers of the respective Houses to investigate, and report as early as practicable, the condition of the offices of the Treasurer and Comptroller j Be it further resolved, That the committee is authorized to investigate transactions between either of said offices, and any other office or person in the State relating to the business of the State ; and Be it further resolved, That said committee is author- ized to employ, for the purpose of said investigation, an expert accountant, at five dollars per day, and any other assistants necessary, at four dollars per day, in order that prompt and thorough investigation may be made, and a report of the result be made to this body, at the earliest possible date. Adopted January 6, 1905. J. I. COX, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved January 11, 1905. JAMES B. FRAZIER, Governor. NUMBER 4. Whebeas, The furniture, fittings and appointments o± the chambers of the Senate and House of Representa- tives are unsuitable and out of repair ; therefore, Resolved by the Senate and House of Representatives, That a committee of three from each House be appointed 1318 SENATE JOINT RESOLUTIONS. to ascertain what furniture and appointments are needed for each of said chambers and the cost of same and to re- port to each of said Houses within ten days from this time. Adopted January 6, 1905. J. I. COX, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved January 11, 1905. JAMES B. FRAZIER, Governor. NUMBER 5. Whereas, In many parts of this State, through the press of the State and otherwise, complaints are made and have been current for many months that excessive charges are made by the Cumberland Telephone & Telegraph Com- pany, and other like companies doing business in the State, and that manifest injustice is done in many locali- ties by said companies in the service given the public and in the charges therefor; therefore, Be it resolved by the Senate, the House of Represent- atives concurring, That a committee of nine members, four on the part of the Senate and five On the part of the House, be and the same is hereby appointed, whose duty it shall be to fully investigate the matter of complaint specified in this resolution, and to report at the earliest day practicable, their findings, together with such bill or bills as they may think proper to meet the demands of justice. That said committee shall have power to send for wit- nesses and compel their attendance, to inquire into the earnings of said company, the amount of gross earnings, the expenses incurred of running said business, amount of 'divi- dends declared by such companies, to the end that the Sen- ate may know whether such companies are making or los- ing money in this State. Provided further, That said committee shall make a re- port in detail of their findings, with all the proof taken by SENATE JOINT RESOLUTIONS. 1319 said committee, which report shall be made not later than the 10th day of March, 1905. Adopted January 23, 1905. J. I. COX, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved January 27, 1905. JAMES B. FRAZIER, Governor. NUMBER 7. Resolved by the Senate, the House of Representatives concurring, That it indorse and encourage the efforts of the Cotton Growers' Convention to be held in New Orleans the 24th, 25th and 26th of this month and urge the attend- ance of all delegates ; that it is a step in the right direction and will, no doubt, be a great benefit to the whole South if the objects of the convention are carried out. Adopted January 24, 1905. J. I. COX, Speaker of the Senate. W. K. ABERNATHY, Speaker of the House of Representatives. Approved January 27, 1905. JAMES B. FRAZIER, Governor. NUMBER 10. Be it resolved by the General Assembly of the State of Tennessee, That the Chairman of the Joint Committee authorized by House Joint Resolution No. 17 to inspect, investigate and report the condition of the State's penal institutions be and he is hereby empowered and directed to employ for the purpose of such investigation an expert accountant and ail assistant in order that a thorough ex- 1320 SENATE JOINT BE8OLUTTON8. animation be made ; said accountant to be paid at the rate of $5.00 per day and said assistant $4.00 per day and their necessary expenses. Adopted February 2, 1905. J. I. COX, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved February 4, 1905. JAMES B. FRAZIER, Governor. NUMBER 12. Be it resolved by the Senate, the House concurring, That the joint committees appointed to investigate insur- ance and telephone rates under former resolution passed, are authorized to make their investigation during the re- cess. Adopted February 2, 1905. J. I. COX, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved February 4, 1905. JAMES B. FRAZIER, Governor. NUMBER 14. Be it resolved, That the Telephone Investigation Com" mittec heretofore appointed be, and are hereby, authorized and directed to employ a stenographer to take down and transcribe for the use of the Senate and House, or any committee of the same, a complete report of said investi- SENATE JOINT RESOLUTIONS. 1321 gation, and that said stenographer be paid for his services by the proper appropriation out of the State Treasury. Adopted February 2, 1905. J. I. COX, Speaker of the Senate, W. K ABERNATHY, Speaker of the House of Representatives. Approved March 10, 1905. JAMES B. FRAZIER, Governor. NUMBER 15. Resolution requesting Congress to call a convention for the purpose of proposing an amendment to the Constitu- tion of the United States, which amendment shall provide for the election of United States Senators by direct vote of the people. Whereas, A large numberof the State Legislatures have at various times adopted memorials and resolutions in favor of the election of United States Senators by popular vote; and Whereas, The National House of Representatives has, on several occasions recently, adopted resolutions in favor of this proposed change in the method of electing United States Senators, which were not adopted by the Senate; and Whereas, Article V. of the Constitution of the United States provided that Congress, on the application of the Legislatures of two-thirds of the several States, shall call a convention for the proposed amendments ; and Whereas, Believing there is a general desire upon the part of the citizens of the State of Tennessee that the United States Senators should be elected by a direct vote of the people ; therefore Be it resolved, if the House concur, That the Legislature of the State of Tennessee favors the adoption of an amend- ment to the Constitution which shall provide for the elec- tion of United States Senators by popular vote, and joins with other States of the Union in respectfully requesting that a constitutional convention be called for the purpose 1322 SENATE JOINT RESOLUTIONS, of proposing an amendment to the Constitution of the United States, as provided for in Article V. of said Con- stitution, which amendment shall provide for a change in the present method of electing United States Senators, so •that they can be chosen in each State by direct vote of the people. Be it further enacted. That a copy of this joint reso- lution and application to Congress for calling of the con- vention be sent to the Secretary of State of each of the United States, and that a similar copy be sent to the Presi- dent of the United States, to the Speaker of the House of Representatives, to each of the United States Senators from Tennessee, and our Representatives in Congress. Adopted March 14, 1905. J. L COX, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved March 22, 1905. JAMES B. FRAZIER* Chvernor. NUMBER 17. Be it resolved by the Senate of the State of Tennessee, the House of Representatives eoncurring. That it is the sense of the General Assembly that the body of our Sena- tor William B. Bate shall lie in state in the Capitol for the period of one day, and that suitable arrangements to this end be made by the Committee on Funeral Arrange- ments heretofore appointed. Adopted March 10, 1905. J. I. COX, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved March 17, 1905. JAMES B. FRAZIER, Chvernor. i SENATE JOINT RESOLUTIONS. 1323 NUMBER 19. Be it resolved by the General Assembly of the State of Tennessee, That on Tuesday, the 21st day of March, 1905, the Senate and House of Representatives separately, in pursuance of an Act of Congress, dated July 26, 1866, will openly by viva voce vote of each member present pro- ceed to name a person for the position of Senator in the Congress of the United States from the State of Tennessee, to fill the unexpired term of the late Hon. William B. Bate, deceased. Be it further enacted, That on Wednesday, March 22, 1905, at 12 o'clock m._, the Senate will meet the House of Representatives in the hall of the House of Representa- tives in General Assembly for the purpose of comparing the vote cast for said position in the Senate of the United States in each House on the day preceding, and to declare the result thereof, and in case it be then ascertained that no election was made by the vote of the two Houses in separate session for said senatorial position, that then the General Assembly of the two Houses proceed to choose by viva voce vote of each member present (a person) for the position and term of office aforesaid. Be it further resolved, That in case there be no election on the Wednesday above named for said senatorial term, the said General Assembly shall meet at 12 o'clock m., in the same place on each succeeding day during the current session of the Legislature, and in the same manner above named, and take at least one ballot for said senatorial position and term until an election has been made for the same. Adopted March 20, 1905. J. I. COX, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved March 23, 1905. JAMES B. FRAZIER, Governor. 1324 SENATE JOINT RESOLUTIONS. NUMBER 21. Be it resolved by the Senate, the House concurring, That the two Houses when in joint convention on Wednesday, March 22, 1905, shall, after all proceedings are had with reference to the election of United States Senator, proceed to the election of a Secretary of State, State Comptroller, and State Treasurer. Adopted March 21, 1905. J. I. COX, Speaker of the Senate. W. K ABERKATHY, Speaker of the House of Representative*. Approved March 23, 1905. JAMES B. FRAZEEB, Governor. NUMBER 25. Be it resolved by the General Assembly of the State of Tennessee, That the election by the Board of Trustees of the University of Nashville of Gates P. Thruston, J. W. Bonner, and John M. Gaut as Trustees to fill vacancies on said Board be, and the same is hereby, confirmed. Adopted April 4, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 8, 1905. • JOHN L COX, Governor. SENATE JOINT RESOLUTIONS. 1325 NUMBER 33. Be it resolved by the Senate, the House concurring, ?hat the State of Tennessee hereby grants to the County f Davidson the right to lay out and work a public road cross the east end of the field on Richland Creek, in rhich is located the penitentiary pumping station, said ight of way to be sixty feet wide and about three hundred ards long, and the same being granted on condition said ounty shall erect a substantial fence on the west side f the road and put in a gate at a point convenient for he use of the State in going to and from said pumping tation. This, however, shall not be done without the consent nd approval of the Prison Commissioners and on such erms as seem right to them. Adopted April 17, 1905. E. RICE, Speaker of the Senate. W. K ABERNATHY, Speaker of the House of Representatives. Approved April 17, 1905. JOHN I. COX, Governor. State of Tennessee, 1 Office of Seobetaby of State, j I, John W. Morton, Secretary of State, do hereby certi- fy that I have carefully collated the foregoing Acts of the Fifty-fourth General Assembly of the State of Tennessee, and have compared them with the originals now on file in my said office, and I find them correctly printed. Witness my hand, at office, in the City of Nashville, this June 1st, 1905. Secretary of State. DOMESTIC CORPORATIONS. 84 DOMESTIC CORPORATIONS. Organized under Chapter 142, Acts 1875, and acts amendatory, published herein by direction of Section 30 of said Act, covering the period from April 1, 1903, to March 31, 1905, inclusive. Nahb or Corporation. County where registered. When regis- tered in Secretary of State's office. A Andys Ridge Coal Co AnnesdaleParkCo.- Aid and Relief Society No. One American Chewing Gum Co __.. ' Alabama Lumber and Shingle Co Automatic Valre Grinding Machine Co. armour Hotel Co., The Association of Cash Buyers, The Ambrust-Smitb Co _ Auto Companvof Nashville AUod Park Social Club, The Abler Plumbing Co., A. H Anderson Wagon Co., J. J Anshe-Sphard.. __ Alderson Neill&Co _._ American Lava Co Arnold Grocery Co American Hard Wall Finish Co Arthur Machine Co., The American Steam Laundry Co., The Advance Printing Co _ Athens Woolen Mills, The Akin Co., A. T Appalachian Fair Association, The Appalachian Institute Anderson Coal Co American Slate Co Arnold Lumber Manufacturing Co American Art Wood Manufacturing Co Allen Panel Co Alamo Milling Co _ American Wood Fiber Plaster Co Adams Storage and Warehouse Co Adams Planing Mills Co Ambrose A Bostleman Co Alexander Land Co B Bank of Trezevant Bank of Trenton Bank of Bradford, The Bank of Mason, The Bank of Auburn Bank of Trenton, Amendment Bank of Waynesboro, The Bank of Halls, Amendment Bank of Friendship Bank of Orlinda Bank of Cedar Hill, Tenn Bank of Smyrna Bank of Adamsvllle Bank of 6outh side (1331) Anderson ... Shelby Haywood ... Davidson ... Shelby Knox Madison Hamilton ... Washington. Davidson ... Hamilton ... Knox Davidson ... Shelby Hawkins Hamilton ... Shelby Knox Marshall .... Hamilton Campbell — MoMlnn Madison Cocke Johnson Knox Knox Hamilton ... Shelby Washington. Crookett Knox Robertson .. Robertson .. Davidson ... Shelby Carroll Gibson Gibson Tipton Cannon Gibson Wayne Lauderdale.. Crockett Robertson... Robertson... Rutherford.. McNalry .... Montgomery April April May June Sept. Oct. Oct. Oct. Nov. Nov. Nov. Dec. Dec. Jan. Jan. Mar. Mar. April April April May May May June July July Oct. Oct. Nov. Dec. Deo. Dec. Mar. Mar. Mar. Mar. April April April Aug. Sept. Jan. Feb. Mar. Mar. April May June July July 18,1908 18,1908 20, 1903 6,1903 89,1903 10,1908 17, 1903 20,1908 16, 1903 25,1903 27,1903 20,1903 29,1903 6,1904 12,1904 1,1904 16,1904 12.1904 14.1904 29,1904 8,1904 4,1904 31,1904 1,1904 9, 1904 26,1904 28.1904 87,1904 21,1904 6.1904 16,1904 20,1904 3,1905 3,1905 6,1905 10,1905 10,1903 17,1903 27,1903 10,1908 2,1903 18,1904 16,1904 19,1904 21,1904 23,1904 23,1904 27,1904 12,1904 13,1904 U 5 8i O 3 U 5 J 5 O 3 J 5 J 5 U 6 J 6 U 6 O 3 J 6 U 6 U 6 U 6 QA 188 69 4 117 273 176 183 184 199 206 88 314 226 43 240 269 49 2 3 10 78 217 19 101 64 55 99 100 116 199 130 370 288 289 290 102 Vol.1 Vol.1 Vol. 1. Vol.1 Vol. 1 P 3 Vol.2 P 3 Vol. 2 Vol. 2 Vol. 9 Vol.2 Vol. 2 Vol. 8 270 278 274 286 287 119 18 175 18 22 28 29 31 38 1332 — Domestic Corporations — Continued. Naxs or Corpoiutio*. County where registered. When regis- tered in Secretaryof State's office C2 Bank or Millington Bank of Culleoka Bank of Erin, (amendment) Bank of Hickman Bank of Horubeak Bank of Elktou Bank of Brazil Bank of Dyer Bank of Souths ide (amendment) Bank of Charlotte _. Bank of West Nashville Bank of Commerce _ Bank of Watertown — Bank of Gibson Bank of Collierville Bankers Savings Bank «fc Trust Co Baldwin Feed and Implement Co Banks Grocery Co Barton-NuchoU Hardware Co._ Banning Lumber Co Big South Fork Coal & Lumber Co Bethel Springs Bank Belle Meade Mercantile Co Bonioord Gin Company, The Buck's Big Bargain Co Beaver Creek Lumber Co Benedict, Warren & Davidson Co. (amendment) . Beene, J. C, «fc Co Big Swan Phosphate Co Bedford County Fair Association Big Three Mining the Diocese of Tennessee _ _ ) Berry Lumber A Stave Co Bell Ave. Presbyterian Church (amendment) Bethany Presbyterian Church U. S. A Behr-Cole Grocery Co Bethel Springs Gin Co., The Big Block Coal Co Bear Creek Coal Co - Benevolent Society of the African Methodist ) Church ^ j* Belmont Heights Co., The Bells Real Estate and Investment Co Blue Ridge Lumber Co Blackman Stock Remedy Co Bowling Coal Co., The H. B Blackwell Company, The F.J Board of Sunday School A Young People's Work- Board of Trustees of Cumberland University Bolivar Truck Farm Bond A Hamilton Transfer Co. (amendment) Blackman Stock Remedy Co. (amendment) ... Black Gem Coal Co Borches, J. E Bluff City Abstract Co. (amendment] Black, R. J. Co___. Boardman Electric Co Blanchard Co., N. C Bluff City Livery and Boarding Stables Blue Seal Ice Cream Company, The Black Company, R. J. (amendment) Bynum Inflrmarv for Osteopathy, The Broadway Coal A Ice Co Burns Company, T. E Brothers or Love , Burke A Co , Butler Coal Mining Co Jurns Barry Co., The 'urges Lime Co. — . usby Co., B. I Shelby Maury Houston , Smith Obion Giles Gibson . Gibson Montgomery , Dickson Davidson Madison Wilson Gibson Shelby Shelby Washington.. Shelby Washington.. Shelby Scott Henderson ... Davidson Dyer Shelby Carter Shelby Marion Maury Bedford Anderson Shelby Shelby.. Hamilton... June Knox June Hancock . Shelby.... McNairy . Campbell. Soott Giles Davidson . Crockett Davidson .. Hamilton.. Roane Haywood.. Davidson.. Wilson .... Hardeman. Davidson .. Hamilton.. Knox Knox Shelby Shelby Shelby Rhea Shelby Shelby Shelby Shelby Shelby Knox Haywood... Hamilton... Morgan. ^... Shelby Hamilton... Shelby July July July Aug. Sept. Sept. Oct. Nov. Dec. Jan. Jan. Feb. July Nov. Mar. Mar. July Sept. Dec. Jan. May May Aug. Sept. Oct. Dec. Feb. Mar. April April May May 14,1904 28.1904 29,1904 12,1904 6, 1904 16,1904 13,1904 10, 1904 5,1904 12,1906 25,1905 24,1905 18,1903 17.1903 9.1905 14,1903 6.1903 28, 1903 29,1904 13,1905 13,1903 18,1903 14,1903 25,1903 16,1908 12,1903 11,1904 24,1904 9,1904 26,1904 4,1904 25,1904 June 2, 1904 Aug. Sept. Oct. Dec June Feb. Feb. Mar. May June Jnne Aug. Sept. Sept. Oct. Nov. Nov. Mar. May Oct. Oct. Dec Jan. Jan. Feb. Feb. & May Jnly Sept Oot. Oct. Jan. Feb. 7,1904 13,1904 29,1904 27,1904 19,1904 12,1904 81,1905 23,1905 23,1905 10.1905 23,1903 5,1903 23,1903 31,1903 12,1908 24,1903 2,1903 11,1908 21,1903 25,1904 14,1904 21,1904 28,1904 12,1904 5,1905 16,1905 7,1905 8,1905 8,1908 1,1908 12,1903 29,1903 10,1903 19,1903 23,1903 19,1904 19,1904 U 6 VoLl P 3 Vol. 9 vols Vol.2 VoL 2 VoL 3 P 3 Vol.* i Vol. 2 . Vol.2 I P 3 | Vol.* I P 3 I Vol. 2 ' U 5 I U 5 U 6 I U 6 J 6 Vol. 1 J 5 J 5 U 5 J 5 P 3 U6 J 5 U 6 J 6 U« P 3 134 3? 41 43 51 m 57 63 37 409 66 349 271 J 6 P 3 O 3 U 6 J 6 J 6 J 6 O 3 n J 5 J 5 P 3 O 3 P 3 U 5 U 5 P 3 J 6 U 6 P 3 A 6 J 6 J 6 U 6 P 3 U 6 J 5 U 6 O 3 J 6 J 5 J 5 J 5 U 6 %J 108 377 154 171 260 215 129 a 75 13 96 310 96 194 70 175 97 134 161 89 160 108 111 116 133 37f 293 88 289 85 337 87 20$ 145 151 271 SB 181 103 210 S3 161 188 187 - 1333 — Domestic Corporations — Continued. Nams of Corporation. County where registered. When regis- tered in Secretary of State's office Broadway Investment Co Brownsville Dry Goods Co. (amendment). Business Men's Co Brownsville Cotton Oil Co Brevard and Woods Stave Co Bnck Lumber Co., The J. M Bristol Furniture A Mantel Co Broeos, Scbabel Co Burke's Creek Land and Coal Co ._ Bransford Lumber Co... Bristol Abstract A Title Guaranty Co Bridgeport Stave Co Brittain Tobacco Works Brick's Big Bargain Co., i Bryan Cleaning Co., The Fred A.. Century Distilling Co Century Distilling Co. (amendment) Carthage Tobacco Works, The Carter A Grubb Co Carthage Ferry Co., The Campbell A Dan n Co., The Central Land Co Caney Creek Coal Co Catoossa Mineral Water A Bottling Co Central Lumber Co Carutbers-Jones Shoe Co. (amendment) Central Drug Co Card Lumber Co., J. M. (amendment) Central Lumber Co. (amendment) Caney Fork Oil A Mining Co Campbell Tobacco Co., The Capital Grain Co Cambria Southern Railway Co Cannon A Yates Co. (amendment) Central Brokerage Co., The Carthage Hoop A Lumber Co Calumet Club of Chattanooga, The Cltfty Creek Lumber Co., The Chickasaw Lumber A Manufacturing Co Chickamauga Quarry A Construction Co Chicago Oil, Gas A Mining Co Clear Fork Jellico Coal Co Childress A Welbourne Stove Co Chilhowee Mining Company, The Chattanooga Coal Co Chosen Friends of the World, Night School ... Cleveland Coffin A Casket Co City Street Railway Co Chattanooga Paint Company Clear Fork Coal A Coke Co CUrksvtlle Home Telephone Co _._ Club Catering Co., The Cltfty Creek Coal A Coke Co Citizens Bank Civic Federation of Knoxville Chattanooga Abattoir Co Citizens Bank i Chickasaw Real Estate Co. (amendment) Chickasaw Stone Co Clark Bottling Co., The C. C Citizens Opera House Co Citizens Telephone Co Citizens Bank.. Citizens Bank Chickamauga Knitting Mills Citizens Bank, Hardeman County Chattanooga Medicine Dispensatory Chattanooga District Bureau of Immigration. Chattanooga Mill A Mine Supply Co Citizens Milling Co Shelby Haywood Montgomery Haywood Carroll Washington . Sullivan Shelby Cumberland . Obion Sullivan Hamilton Maury , Shelby Hamilton Shelby Shelby Smith Hamblen Smith Carter Shelby Davidson ... Hamilton Davidson ... Shelby Campbell ... Hamilton Davidson DeKalb Greene Davidson Knox Shelby Shelby Smith Hamilton Grundy Shelby Hamilton ... Hawkins.... Campbell ... Shelby Knox Hamilton Davidson Bradley Shelbv Hamilton Claiborne ... Montgomery Davidson.^.. White Humphreys.. Knox Hamilton. Crockett Shelby Shelby Weakley .... Lincoln Hamblen .... Crockett Hardin Hamilton Henderson .. Hamilton Hamilton. Hamilton.... Lauderdale. Mar. Mar. Mar. May May June June June July Aug. Sept. Oct. Dec. Feb. Feb. Aug. Sept. Sept. Sept. Nov. Nov. Nov. Nov. Dec. Dec. Jan. Feb. Mar. Mar. May June July Aug. Sept. Dec. Feb. Mar. April April April April April April May May July July Aug. 8ept. Sept. Sept Oct. Oct. Oot. Oct. Nov. Dec May June June Sept. Deo. Dec. Feb. May May May June June Jane 1,1904 10,1901 21,1904 10, 1904 18,1904 4,1904 6,1904 15, 1904 28.1904 26,1904 28, 1904 11, 1904 23, 1904 16,1905 20,1905 6,1903 26,1903 5, 1903 24,1903 4,1908 4,1903 5,1903 24,1903 18,1903 29,1903 6, 1904 5,1904 1, 1904 28,1904 17,1904 9,1904 22,1904 15,1904 26,1904 22,1904 15,1905 10,1905 5, 1908 18,1908 13,1908 17,1903 18. 1903 22,1908 9,1908 28,1908 16, 1908 28,1903 26,1908 18, 1908 19,1903 28,1908 15.1903 19,1903 19,1903 28,1903 25,1903 28,1908 22,1908 27,1903 29,1903 14,1903 9,1908 28,1908 10,1904 4,-1904 16,1904 27,1904 1,1904 7,1904 16,1904 U 5 P 3 P 3 P 3 J 5 J 5 U 5 J 5 U 6 P 3 P 8 U 6 J J 6 S S P 3 U 6 J 6 O 3 J 5 J 5 U 5 J 5 J 5 P 2 J 5 J O 3 P 8 S S J 5 J 5 P 8 J 5 J 5 Vol. O 3 J 5 Vol. P 2 J 5 U 5 U 5 P 3 Vol. Vol. P 3 Vol. U 6 O 8 U 6 J 6 948 85 2 6 2 12 183 2 26 98 57 104 84 — 1334 — Domestic Corporations — Continued. Name or Cobporatioh. County where registered. When regis- tered in Secretary of State's office Charlotte Stave A Lumber Co Church Union Society Charlotte Roller Mill Co _. Cherokee Manufacturing Co Cleveland Land & Improvement Co Citizens Telephone Co. (amendment) Citizens Telephone Co _ Chattanooga Sash & Door Co Clayton's Hardware Co. (amendment) Chattanooga Engineering Co Clifton Ice Co Citizens Bank of Huntingdon Citizens Bank of Bristol Climax Coal Co Chattanooga Buggy Co — Chilhowee Woolen Mills Clarksvllle Button Works Citizens State Bank of Rutherford Citizens Bank of Big Sandy _ Chlckamauga Fishing Club _ Chattanooga Waft Co Chattanooga Medicine Dispensatory Chattanooga Medicine Dispensatory (amdt)... Clark Grocery Co — Chester County Bank - Clinton Iron Works Chattanooga* Montlake Railroad Co Citizens Bank of Waverly (amendment) _. Clinton Nurseries Co., The _ City Street Railway Co., The Chattanooga Land & Coal Co — Cleveland Ice & Gold Storage Co Chattanooga Iron & Wire Works Chattanooga Implement «& Manufacturing Co.. Chavannes Lumber Co. (amendment) Chattanooga Aerie. F. O. E. No. 945 Chattanooga-O'Neill Institute.. Chattanooga Fruit Co Chickasaw Stone Co. (amendment) Chattanooga Chair Co Chattanooga Blast Furnace Co Chattanooga Red Cross Medical Association... Copola Co Coca-Cola Bottling Works of Nashville _. Copeland Creek Coal Mining Co _ Consumers Coal & Coke Co Commercial Bank of Obion, The Coal Creek Cemetery Co Coal Creek Academy Coca-Cola Bottling WTorks of Indianapolis Columbia Training School, The Collier-Hall Horse * Mule Co Coal Creek Jellico Shipping Agency Comer Medicine Co _ Colored Orphan's Home & Industrial School .. Corbett, Webb* Talbot Co Columbia Military Academy Cooper-Johnson Drug Co Columbia Base Ball Association, The Columbia Military Academy, The Corbctt-Redputh Advertising Syndicate Condon Companv, The S. P _ Coca-Cola Bottling Works of Evansville Contractors Supply Co Corner Realty Co Coca-Cola Investment Co Cookeville Library Courier Publishing Co__ ___ Coulter Mill * Lumber Co., W. F Covington Spoke Co _ Continental Baking Powder Co Consolidated Telephone Co Collicrville Mercantile Co Dickson Madison Dickson Blount Bradley Hamblen Henry - Hamilton Marshall Hamilton Wayne Carroll Sullivan Roane Hamilton McMinn Montgomery . Gibson Benton Hamilton — Hamilton Hamilton Hamilton Shelby Chester Anderson Hamilton Humphreys .. Anderson Shelby Hamilton Bradley Hamilton Hamilton Knox Hamilton Hamilton Hamilton Shelby Hamilton Hamilton Hamilton Hamilton Davidson Knox Knox Obion Anderson Anderson Hamilton Maury Shelby Knox Hamilton Davidson Davidson Davidson Davidson Maury Maury Shelby Knox Hamilton Davidson Davidson Hamilton Putnam Sullivan Montgomery.. Tipton Davidson Hardin Shelby Aug. Sept. Sept. Oct. Nov. Nov. Jan. Jan. Jan. Feb. Feb. Mar. Mar. Mar. Mar. April April April April April May May June June July Aug. Sept. Oct. Dec Dec Dec. Dec. Jan. Jan. Jan. Feb. Feb. Feb. Feb. Feb. Mar. Mar. April June June Jnne June July Aug. Aug. Sept. Sept. Nov. Jan. Jan. Mar. Mar. Mar. May May* Jnne Jnne July July July July Aug. Aug. Sept Oot. Oct. Nov. Dec 28, im 13,1904 19,1904 8,1904 15,1904 15,1904 2,1904 5,1904 8,1904 2.1904 18,1904 2, 1904 14,1904 17. 1904 80. 1904 11.1904 15. 1904 18.1904 25,1904 29,1904 19,1904 28. 1904 28, 1904 25. 1904 9,1904 12,1904 7.1904 18,1904 20,1904 22,1904 27,1904 27,1904 18,1908 28.1908 31,1908 7.1908 16. 1903 17. 1903 17,1903 28, 1903 7,1908 24,1908 14,1903 11,1908 18,1908 15.1908 16,1903 9,1908 15,1908 27.1908 15,1903 21,1908 21,1908 19,1904 20,1904 1.1904 1,1904 81,1904 10,1904 81,1904 16,1904 80,1904 80,1904 15,1904 21,1904 22,1904 19,1904 19,1904 24,1904 15 1904 29,1904 28,1904 20,1904 I — 1385 — Domestic Corporations — Continued. KaKX Or COBPOKATIO*. County where registered. When regis- tered Id Secretary of State's office Cottage GroTe Bank A Trust Co Do-Operative Building Co □oca-Cola Bottling Works of Cincinnati Chattanooga Cooperage Stock Manufacturing Co. □oca-Cola Bottling Works of New TOrk Coram Telephone Co., The [So-Operative Dental Co.. The Coca-Cola Bottling Works of Jackson Crossvillc Mercantile Co Cumberland Stone Co □rump A Rehkopf Co _ Cumberland Tobacco Works - Cumberland City Pair Association Cumberland Baking Co Craggie Hope Hotel Co Cumberland Cement A Paving Co Cumberland Gap Woolen Mills Cumberland Gap Telephone Co Cummins-James Co Cruze, Sterling Co Cumberland City Bank Culten A Co.. Chas. C .. Cumberland Foundry A Manufacturing Co Cunningham A Co Cumberland River Coal A Coke Co. (amendment) Crump A Rehkopf Co Crockett Gin Co Cumberland Telephone Journal Co Mftpen Shoemate Go Cumberland City Fair Association (amendment) . Cumberland Plateau Corporation Cumberland Manufacturing Co Crouch Realty Co _ - Cumberland Oil Co _ Crown Lumber A Manufacturing Co*. Crawford Medicine Co., Dr Curtis Transportation Co Cumberland Title Co frrtis-Coleman Lumber Co tammins-Kirkman Co. (amendment) /Tesoent Tobacco Co - Nxon Springs Bank HxiePure Food Co Mamond Coal Co tecatur Phosphate Co Mckson Union Cemetery lahnke-Walker Milling Co ton tone Reformierte Kircbzen, Hohenwald, Tenn Hxie Paper Box and Printing Co tooherd lfllling Co larllng Saw Mfll Co - darling Steam Logging A Manufacturing Co.. toKalb County OH A Mining Co ttxie Trunk Co -, Kxie Coal Co Hxie Pure Food Co • Hxon Springs Tobacco Works fcyton Milling Co tatvis Brothers Co feyton Light A Power Co Hekfon Brick A Manufacturing Co ►avis Hosiery Mills tavldson-Btnedict Co., The , rtxie Land Co. fate Coal Co., The tobney Furniture Co nxle Coal Co. (amendment) ►ixie Mills, The (amendment) fenaux Co.. The ►ay Lumber A Manufacturing Co Henry 8helby»_ Hamilton ... Hamilton Hamilton ... Wilson Davidson Bradley Cumberland- Cumberland. Shelby Davidson Stewart Davidson Davidson Davidson Claiborne Claiborne Shelby Knox Stewart Knox Davidson Hiokman Davidson Shelby Crockett Davidson Knox Stewart Hamilton Davidson Washington.. Roane Knox Shelby Madison White Lewis Davidson Davidson Smith .... Davidson . Hamilton. Deoatur — , Dickson ... Obion Lewis Hamilton.. Franklin . Shelby Shelby .... DeKalb.... Knox Campbell.. Davidson., Smith Rhea Knox Rhea Dickson ... Hamilton.. Davidson .. Shelby .... Knox Madison... Knox Loudon.... 8belby .... Knox Jan, Jan. Feb. Jan. Feb. Mar. Mar. Mar. Oct. Oct. Nov. Nov. Deo. Jan. Feb. Feb. Mar. Mar. May Oct. Nov. Jan. Jan. Jan. Feb. Feb. Mar, 10,1906 26,1906 1,1906 6,1906 1,1906 1,1906 9,1906 21,1906 April 81. 1908 May 80,1908 June 10, 1903 July 81, 1906 16,1908 80,1903 4,1908 12,1903 30,1903 9,1904 4,1904 16,1904 10,1904 11.1904 23,1904 June 16,1904 June 28,1904 June 28, 1904 Aug. 11,1904 Aug. 19,1904 Sept. 2, 1904 Sept. 26, 1904 Oct. 16, 1904 81,1904 17,1904 17,1906 12,1906 13,1906 28.1905 28,1906 22,1906 Mar. 28, 1908 Mar. 23,1903 Nov. Dec Aug. Nov. Nov. April May May June June June Sept. Oct. Nov. Dec Jan. Mar. Mar. Mar. April June July July Sept. Sept. Oct. Nov. Dec Dec 24,1908 9,1906 13,1908 11,1903 17.1903 10,1906 9,1903 28,1903 6,1903 10,1903 10,1908 9.1903 23,1908 24,1908 9,1908 29,1904 1,1904 12,1904 17,1904 28,1904 26,1904 14.1904 22,1904 7,1904 19,1904 13,1904 18,1904 9,1904 9,1904 Vol.2 U 6 J 6 P 8 J 6 U 6 U 6 J 6 U 5 J 6 U 5 J 6 U 5 U 6 U 5 U 5 J 6 J 6 U 6 U 6 Vol.2 U 6 P 8 J 6 P 3 P 3 U 6 U 6 U 6 P 3 J 6 J 6 ?A. U 6 U 6 U 6 U 6 J 6 P 8 J 6 Vol.2 P 3 J 6 J 6 O 8 P 2 O 3 J 6 J 6 J 6 J 6 U 6 J 6 U 6 U 6 J 6 J 6 J 6 U 6 J 6 U 6 P 3 P 3 J 6 J 6 66 261 164 374 166 287 296 196 179 116 216 160 262 287 264 294 228 286 12 23 16 46 187 21 316 817 186 144 168 346 96 106 91 149 243 261 281 286 198 263 199 4. 86 61 108 79 478 2 112 120 124 126 270 180 204 86 264 270 47 62 8 39 47 127 73 170 862 361 ra 122 _ 1386 — Domestic Corporations — Continued. Nami or Cobfobatioit. County where registered. When regis- tered in Secretary of § % State's offioe S g, Dame Mautel Co Da v lei Piano Co t- Dixie Coal A Coke Co DeSoto Land A Uriels Co. (amendment) Draugboos Practical Business College Co Dukedom Roller Mill Co Dyersbure Com press Co Dowlais Blue Gem Co Duke Machine Works, J. O Dyersburg Hardware Co. (amendment) Dye n burn Compress Co. (amendment) Dodd Manufacturing Co., The Dunlap Milling Co.. The (amendment) Donagny Co., The C. B Duoktowo Banking Co.. Dyer County Building and Loan Association. Dossetts Land and Improvement Co Domestic Coal Co Dyersburg Northern Railroad Co Dover Furnace Co _ Durham Mercantile Co Dukedom Bank . Duncan Company, John G Duck River Valley Canning Co., The. Duncan Hotel Co. (amendment) Englevllle A Salem Turnpike Co. (amendment).. Empire Marble Co - Erin Presbvterian Church Eureka Coal Co __ Early-Mack Co Edgefleld-Xashvllle Mfg. Co. (amendment) Empire Chair Co Expositor Printing Co.._ Electric Candy Machine Co Easterly Nursery Co - Emory Valley Railroad Co EastUnd Lumber Co Eczema Medicine Co Edeuton. Co.. J. C Early, \V. C. Co _ Electric Supply Co. (amendment) Eckle, Helm, Phillips Co., The Einsel Land A Live Stock Co Elite Coal Co _ Ewing and Jefferson College East Tennessee Railway Co Elk Produce Co., The Eason Norwood Co — Early -Mack Co. (amendment) Eberhart Building A Mfg. Co., A East Tennessee Dairv Co Eagle Bluff Springs Hotel Co Ehrman Kober Halle Co Electric Lumber Co Eastland Land Co.... .... Evan Shelby Hospital _._ East Tennessee Land and Industrial Co Edison Male and Female Academy or College Empire Chair Co _. Erin Banking Co Electric Street Ry. of Clarksvllle (amendment).. Eberhart Building A Mfg. Co. (amendment) Ely-Luckett-Cannon Co East Tennessee Tobacco Co - East Tennessee Dairy Co _. Evansville Coal Co Farmers Gin Co First Presbyterian Church of Allardt.. Flat Top Mineral Co,, The Roane Davidson.. Anderson.. Shelby Davidson f. Weakley .. Dyer Knox Shelby Dyer. Dyer Davidson Montgomery Knox Polk. Dyer Anderson . Roane Dyer Stewart Lauderdale Weakley .. Knox.'. Bedford .. . Davidson.. .... — . 1 -— i Rutherford Knox Knox Hamilton Davidson ... Davidson Carter White ..% Davidson Bradley Morgan.. White Hamilton.. Madison Shelby Shelby Hamblen Rutherford Campbell Blount Meigs Lincoln Loudon Davidson Shelby Hamilton.. — Campbell Shelby Loudon Davidson Shelby Cooke Gibson Carter Houston Montgomery Shelby Shelby Greene Hamilton Hamilton Dec Dec. Jan. Mar. April April Aug. Sept. FeV. Feb. April April June June July July Sept. Nov. Dec Dec Dec Jan. Jan. Jan. 20, 190ft 31,1904 13,1906 9, 1905 11,1908 90,1909 3.1908 17.1903 4.1904 13,1904 12,1904 25,1904 13,1904 30,1904 18,1904 21, 1904 22.1904 19, 1904 82,1904 22,1904 28.1904 3.1906 10,1906 25,1906 8,1906 April 3. 1903 April 25, 1903 May 1, 1903 8. 1903 17.1903 13.1903 31, 1903 Sept. 19, 1908 Oct. 23, 1903 24. 1903 3, 1903 2, 1903 16,1903 28,1903 6, 1904 18,1904 20,1904 6. 1904 24,1904 1,1904 16,1904 14,1904 May 21,1904 June 11,1904 June 23.1904 Aug. 22,1904 29,1904 11.1904 19,1904 31,1904 1,1904 12,1904 9,1904 31,1904 80,1904 30.1906 9.1906 21,1906 21,1906 21. 1905 26,1905 May July Aug. Aug. Oct. Nov. Dec Dec Dec. Jan. Jan. Jan. Feb. Feb. Mar. May May Aug. Oct. Oct. Oct Nov. Nov. Dec. Dec. Jan. Jan. Mar. Mar. Mar. Mar. Mar. Lauderdale. Fentress Maury April 28, 1903 May 19, 1903 June 6, 1903 IS 1ST 191 J 6 U 6 J 6 P 3 U 5 TJ 5 U 5 J 5 Ml P 3 12? P 3 131 PS n» J 6 7 P 3 * TJ 6 111 VoL 2 31 X 7 J 6 » J 6 M» s s m J 6 13? D 6 25 VoL 2 S U 6 23S U 6 » PS 408 P 2 r 5 < O 2 J 5 J 5 P 3 P 3 J 5 J 5 U % ss J 5 J 5 U 5 J 5 P 3 J 5 TJ 6 J 5 O 3 S S TJ 6 TJ 6 P 3 J 6 TJ 6 TJ 6 P 8 J 6 %i 8t P 3 Vol.2 P 3 P 3 TJ 6 U « P 3 J 6 475 m 148 10! 144 4S S3 2BS 2IS 313 233 IS) 2f? 14 2tt 0 121 S 92 314 Si 151 157 351 96 88 IS 81 89 SB 3GB 301 TJ 5 O 3 J6, 3 117 — 1337^ Domestic Corporations — Continued. Nam* of Corporation. County where registered. first German Evangelical Lutheran Church (amd.) fltzgerald-Litchford Co farmers A Merchants Bank, The .: first Church of Christ, Scientist farmers Gin Co fashion Garment Co Hist Church of Christ, Scientist of Knoxville, Tenn faltvlew Telephone Co. (amend ment) Florida Heights Land Co _ famous. The Florida Tank Line Co farmers and Merchants Bank of Tiptonville file Music Co.. Prank feeney A Wright Hardware Co torn A Wituerspoon Co fanners Mercantile Co., of Halls, Tenn., The plat Branch Coal A Coke Co., The ' fenton Construction Co ; farmers A Traders Bank farmers Exchange Bank fleck Lumber Co., The Paul W farmers Bank (Cornersville) 'armers & Merchants Bank farmers Gin Co... ; farmers Unfon Bank (amendment) , farmers A Merchants Bank (White Bluff) florence A Clifton R. R. Co.. The fleck Lumber Co., Paul W. (amendment) fayetteville A Columbia Turnpike Co. (amend 't) . : first Church of Christ, Scientist of Nashville, I Tenn ! farmers Supply Co _ ■ fisher Decorative Co Fayette County Bank (amendment) farmers Union Warehouse Co | Fifth Avenue Baptist Church of Nashville I farmers A Merchants Bank < fruit Growers Bank ' first Savings Bank and Trust Co Fobs, S. A Levy Clothing Co fruit & Vegetable Growers of Lauderdale County. State of Tennessee ford Tobacco Works, W. W Forsdiok-Brantley Bros. Hat Co falcher Brick Co fraternal Mutual Aid Ass'n., of Cleveland, Tenn. French Coal Co .__. forest Park Land A Improvement Co frankiand Carriage Company Fruit Grower Publishing Co., The forked Deer Hardware Co , Franklin Lumber Co forsdick Hat Co., H.J , Ford Tobacco Works, W. W. (amendment) Foster Co., B. L Knox , Davidson Tipton Carroll Lauderdale. Shelby Knox Gibson Shelby Madison-.... Hamilton... Lake Davidson Lincoln Hamilton .., Lauderdale. Grundy Knox Loudon Gibson Sullivan Marshall Benton Dyer-__ Tipton Dixon Hamilton.... Sullivan Lincoln Davidson.. Dyer Davidson.. Fayette ... Robertson . Davidson.. Claiborne . Weakley .. Davidson.. Shelby .... Lauderdale. Davidson Shelby Davidson... Bradley .— Knox.. Davidson Madison Hamilton Dyer Shelby Shelby Davidson Davidson termanie Savings Bank and Trust Co ' Shelby.. teorge A Parker Dry Goods Co Knox... «•-__ ...«.._. ..... Gibson. Shelby.. When regis- tered in Secretary of State's office June 10,1903 June 19, 1903 3, 1903 10,1903 10,1905 14,1905 July July Aug. Aug. Hbson County Pair Association. Hnner A Miller Pub. Co Hrls Industrial Home & School, Grace Nettleton's Memorial totes Banking A Trust Co _ Jass Bridge Telephone Co., The Gardner Sammons Moore Co Jeni Furniture Co., The < Hamilton termanla Cedar Co., The _ ' Davidson Jarland, Weaver Brick Co Knox Jallatln Buggy A Implement Co Davidson libson White Co _ I Hamilton Claiborne ... Lauderdale. Greene Knox. Sept. Nov. Dec. Dec. Jan. Jan. Feb. Feb. Mar. Mar. April May May May July July Aug. Aug. Sept. Sept. Sept. Oct. Dec. Dec. Dec. Feb. Feb. Feb. Mar. Mar. Mar. Mar. July Aug. Nov. Jan. Feb. April May Sept. Sept. Deo. Dec. Jan. Jan. Feb. Feb. May Sopt. Oct. Oct. Feb. May June Oct. Nov. Dec. Jan. Jan. Feb. 6,1903 16, 1903 8,1903 10, 1903 16.1904 21, 1904 19, 1904 20,1904 10, 1904 31, 1904 5,1904 2, 1904 10, 1904 21,1904 21. 1904 26 1904 8,1904 29.1904 7,1904 14.1904 19, 1904 31, 1904 14. 1904 29,1904 23, 1904 4,1905 15,1905 27,1905 1,1905 6,1905 9,1905 27,1905 81,1903 25,1903 24,1903 4,1904 18,1904 12,1904 21,1904 6.1904 6,1904 16,1904 19,1904 12, 1905 13,1905 9,1905 17.1905 16,1903 23. 1903 10,1903 14, 1908 19,1904 21,1904 2, 1904 31. 1904 9, 1904 1,1904 24.1905 27, 1905 27, 1905 P 2 U 5 P 3 O 3 J 5 U 5 O 3 P 3 U 5 U 5 J 5 P 8 U 6 U 6 U 6 U 6 J 5 J 6 Vol.2 Vol. 2 J 6 Vol.2 Vol.2 J 6 P 8 Vol. 2 S S P 8 P 3 8 6 0 3 6 3 Vol.2 Vol. 2 Vol.2 U 5 3 5 5 6 8 6 iA. U 6 U 6 U 6 U 6 P 8 U 6 494 221 82 17 152 237 77 305 306 244 124 26 28 44 60 284 11 23 27 51 36 40 59 342 167 126 858 367 81 220 368 397 284 114 64 65 68 239 26 205 230 81 54 16 86 160 211 212 244 248 394 279 Vol.1 U 5 U ft U 5 U 3 Vol. 2 U 6 U 6 J 6 J 6 J 6 U 6 J 6 276 258 279 280 48 26 102 182 107 119 156 264 167 — 1338 Domestic Corporations — Continued. Nam* of Corporation. County where registered. When regis- tered in M Secretary of ©* State's office X Gait her Millinery Co. (amendment) Greeofleld-Talbot- Finney- Battle Co Good Health Drink Co Gordon Com pan v, The Charles D Globe Clothing Co Glee Social Club, The Goldsmith, Sons Co., J Golden Star Club (amendment) Gonoe Lock A Manufacturing Co., The Golden Hill Cemetery — Goodlander Robertson Lumber Co. (amendment) Golden Rule Stove Co Good stock Dimension Co Glass Drug Co Greenfield Bank, The ___ Gulf A Chicago Railway Co Gray A Dudley Hardware Co. (amendment) Grisard-Carmack Drug Co Grundv Publishing Co Greenfleld-Talbot Furniture Co Grand Chapter of the Ku Sigma Gamma Frater- nity Club Great Northern Lumber Co., The Grant University, U. S. (amendment) Graham Company. L. B Grand Lodge of Tennessee A. F. A A. M. (col).. Grace Nettleton Memorial Girls Industrial Home and School _ Graysville Mercantile Co Greenville Broom Factory Greenwood Advertising Co . Greystone Telephone Co Grisham Steele A Co.. Gwynne- Tread well Cotton Co . Granitoid Construction Co Gramra Specialty Co Grand Fountain of Knights, Daughters A Juve- niles of Industry of America Greenback Railroad Co Harms Milling Co Hall A Donahue Coffin Co. (amendment) Hardeman County Truckers A Fruit Growers Ass. Hamilton Telephone A Power Co Hancock County Bank Halls Cunning Co Harriman Knitting Mills Hardeman County Savings Bank (amendment).. Hassell-Hughes Timber Co Halls Drug Co Hamilton Ice A Cold Storage Co. ...... .....__" Hamilton Lumber Co Hamilton Printing Company _* Harriman A Oliver Springs Ry. Co Hamilton Amusement Co Hall Co., L. S Harman-Hamlin Lumber Co., The Hardin County Telephone Co Hart Saddlery Co _ Harley Furuiture Co Hall-Melton Hardware Co Harris Lumber Co., The R. F Harbison Drug Co Hartzell Handle Co Hale, The G. I). Co._. Hani ner- Bal bird Drug Co _ Hamilton Buzgy A Implement Co„_ Hoguewood-O'Daniel Co._ _ Halls Box Co _ Harrison Dry Goods Co., The (amendment)! Harriman Construction Co Shelby „ Davidson Hamilton » Hamilton Dyer Shelby Shelbv Davidson Hamilton Montgomery . Shelby Blount Cumberland.. Haywood Weakley Hardeman Davidson Franklin Grundy Davidson Franklin . Maury Hamilton. Hamilton. Hamilton. Claiborne , Rhea Greene Knox Greene Obion Shelby Davidson.. Franklin.. Shelby. Knox... Lincoln Knox Hardeman... Hamilton Hancock Lauderdale.. Roane Hardeman... Wayne Lauderdale.. Hamilton Hamilton Hamilton Roane Hamilton Knox... Washington . Hardin Shelby. Davidson Hamilton Lauderdale.. Knox Davidson Hawkins Shelby Hamilton Gibson Lauderdale.. Gibson Roane Feb. Mar. July Jnlv Sept. Sept. Jan. May June June Aug. Sept. Jan. Jan. April April June June July July 28,190b 17,1005 0.1908 16.K03 10,1008 80,1008 0,1004 31.1004 31.1904 4,1004 6,1004 2,1004 24.1906 97,1906 14.1008 23,1903 4,1008 16.1906 7,1908 13,190* | P 3 i j e Sept. 26. 1903 O 3 Oct. 23,1903 J 6 Nov. 16, 1903 P 3 Nov. 27, 1908 J 3 Deo. 8L 1903 O 3 Feb. April April June June Jnly Jan. Jan. Feb. Feb. Feb. April May May June Oct. April Oct. Oct Feb. Mar. Mar. April April April May May Jnly Jnly Aug. Aug. Aug. Sept. OoL Nov. Deo. Dec, Dec Jan. Jan. Jan. Jan. 19,1904 12,1904 39,1904 9,1904 16,1904 86,1904 13,1905 6,1005 3,1906 9,1006 23,1906 10,1903 1,1903 23,1908 13.1903 7,1903 27.1003 16,1908 31, 1903 16,1904 21,1901 23,1904 2,1904 9,1904 18,1904 6,1904 7,1904 11,1904 13,1904 20,1904 22,1904 26.1904 15,1904 6.1904 14,1004 2,1904 16,1904 80,1904 6,1906 9.1906 10,1905 20,1906 — 1339 — Domestic Corporations — Continued. Namb of Cobpobation. County where registered. When regis- tered in Secretary of State's office lardy Bros. A 8herrill ___ Ilckman County Hay Press Co 1*1 City Lodge $46, L O. O. P Uckman Land and Mining Co Ilckman County Bank Ugholiff Canning Co lenry County Telephone Co., The ler-Ma-No Chemical Co lenderson County Fruit Growers Ass'n., The... lelme-McCallum Manufacturing Co Menwood Presbyterian Church (erron-Brady Pump A Foundry Co. (amendment) [ill Trunk Co. (amendment) Rnton Laundry Co 101 City Improvement Co. (amendment) lerron Pump A Foundry Co. (amendment)- lenry Co., J. N towell Turner Co ....- iolston Zinc Co _„ tome Benefit Society of Memphis iohenwald Bank & Trust Co folland Printing Co., T. V tome Grocery Co toggins Manufacturing Co., The loiJand Printing Co., T. V. (amendment) — logan Grain Co lome Finance A Trust Co. (amendment) tome Fire Insurance Co., of Memphis, Tenn lome Company, The _ iuntland Telephone Co._ _ (nntsman Brothers Co iughcs Ross Co __ Inntingdon Tobacco Works iynds Shoe Manufacturing Co., J. G lomboldt Marble Works, The lughes College, Frank Inmboldt Mill A Elevator Co.. _ I rby A Gilliland Co., The ndependence Telephone Co. , The ndependent Brothers &Sisters of Consolation, The nterstate Realty Co — ndependent Pole Bearers Society of Fayette County, No. 14 ndependent Pole Bearers No. 14, U. S. A ndustrial & Educational Ass'n. of Memphis, Tenn twin Leatherman Cotton Co nternational Paste A Polish Co. (amendment) .. J ohnson's Dime Savings Bank A Trust Co aokson Oil Co ellico A Scott County Coal Co ellico Powder Works ellioo Grocery Co aokson A Kansas City Railroad Co acobs-Dews Co., Limited ellico Ice Co _ ones A Hopkins Manufacturing Co antes Land A Investment Co., Chas. B acob-Hubbard Co., The ellico Lumber Co acobi Pharmacy ohnson, Hayley A Armstrong Co ackson Amusement Co., The _ ohnston A Vance Co *mes Grocery Co ordan, Gibson A Baum, Ino ohnson City Sewerage Co_ ohnson's Dime Savings Bank A Trust Co. (amd.) 'ackson Coal Co Obion Hickman Hamilton Hickman Hickman Campbell Henry •.. Davidson Henderson Knox Scott Hamilton Davidson Knox Hamilton Hamilton Knox Shelby Knox Shelby Lewis Sh'elby - Shelby Davidson Shelbv Davidson Shelby __.. Shelby Hamilton Franklin Sullivan Hardin Carroll Davidson Gibson _. Wayne „. Gibson Shelby- Wilson . Giles ... Shelby.. Fayette Shelby Shelby - Shelby Knox Davidson. Jackson 8cott Campbell. Campbell. Madison.. Davidson . Campbell. Davidson. Shelby Shelby.— >bell. Feb. April June Sept. Nov. Feb. Feb. Mar. April April June July Aug. Sept. Nov. Mar. Mar. April June July July Oct. Mar. May June July Aug. Oct. Dec. Nov. Dec. Feb. June July June Feb. Feb. 7, 1906 18,1008 12,1908 9,1903 24,1903 27.1904 29,1904 26,1904 4,1904 11,1904 9,1901 22,1904 6,1904 7,1904 17,1904 4,1905 28,1905 18,1903 16,1903 6, 1903 20,1903 21,1903 16,1904 81,1804 10, 1904 19, 1904 9,1904 3,1904 22,1904 3, 1903 14,1903 26,1904 16,1904 1,1904 25,1905 1,1905 15,1905 Jan. 20,1904 May 13,1904 Sept. 13, 1904 Dec. 27,1904 Jan. 16, 1905 Mar. 1, 1905 Mar. 14.1905 Sept. 26,1905 Dec. 19,1906 Cam pi Shelby. Shelby Madison Shelby „ Shelby ■ Nov, Shelby Dec. Dec. Jan. Jan. May June Sept. Oct. Dec. Dec. Dec. Dec. Mar. May Aug. Aujt. Sept. Sept. Oct. Oct. Washington. Davidson Knox 27,1903 8,1903 25,1903 14, 1903 3,1903 9, 1908 18,1903 28,1903 21,1908 27,1908 1ft, 1904 23,1904 8, 1903 19,1903 3,1908 6,1903 11,1903 20,1904 29,1904 14, 1905 19,1905 U 6 U 5 O 3 J 5 Vol.2 U 6 U 6 J 5 V 6 J 5 O 8 P 3 P 3 U 6 QA P 8 U 6 P 2 J 5 O 8 Vol. 1 U 5 U 6 J 6 P U P O u u J u u J J 6 3 3 6 6 5 6 6 6 6 U 6 J 6 272 192 11 161 3 36 38 281 64 288 59 319 329 164 92 404 808 482 131 14 282 284 51 20 193 125 331 75 217 288 216 34 106 42 158 264 172 U 5 U 6 O 3 324 72 95 115 118 173 Vol. 1 J 5 J 5 P 3 U 5 S S J 5 J 5 U 6 QA U 6 U 6 P 8 J 6 270 121 172 73 804 118 53 79 138 65 164 172 84 349 185 214 227 381 153 — 1340 — Domestic Corporations — Continued. Name of Cobfobatiox. County where registered. When regis- tered in Seoretaryof State's office Jackson Club _ Jackson Red Cross Medical Ass'n — Jackson DowellCo Johnson City, Bakerville A Southern By. Co. Jackson Grocery Co - .The. Kenton Ginning Co Kelley Mercantile Co King Mountain Coal Co Kendrlck-Runyon Tobacco Warehouse Co. Kerrville Oil A Prospecting Co Keeling Gin A Mercantile Co Kimberly Lumber Co, Kingston and Emory Gap Railway Co Kaline Company, The Keelin-Willfains Printing Co _ Kappa Chapter of the Kappa Sigma Fraternity.. Kimble Oil Company Kimberly Coal Company Kennedy Co.. J. D King A Co., Dr Kind Words Club Knoxville Slate Co .... Knoxville, LaFollette A Jellioo R. R. Co (amd.). Knoxville Lumber Co | Knoxville, LaFollette A Jellioo R. R. Co. (amd).. Knoxville Knitting Mills Co. (amendment) Knickerbocker Club, The Knoxville Printing A Publishing Co., The Knoxville Typewriter A Phonograph Co., The... Knoxville, LaFollette A Jellico R. R. Co. (amd.). Knoxville Business College _ Knoxville Woolen Mills (amendment) Kreigner Tobacco Co., Otto Knoxville Pottery Co Knoxville Lumber A Mfg. Co Knoxville Suspender Co., The __ _ Knoxville Foundry and Machine Co Knoxville A Sevierville Railway Co Laborers Club A Union, The I Lebanon Steam Laundry _ Look wood Tanning Co., O. L Lexington Normal School A Commercial College. Lawton Medicine Co | Lake County Bank, The .. Life A Casualty Insurance Co. of Tennessee Lauderdale Telephone Co., The | Lacey-Buek Iron Co , Lawrenceburg College _ I Lipscomb Contracting Co I Lee Lumber Co. (amendment) ' LaRue-M alone-Moore Co., The I Little Brushy Mountain Coal Co , Leidy A Co ' Lane A Field Lumber Co I Linwood Telephone Co— _ __. Lacey-Buek Co. (amendment) Lenoir Car Works I Lion Spoke Works I Leath Orphan Asylum (amendment) , Littlefield, Steere and Sanders LaFollette News Publishing Co Lake County Gin Co ' LaFollette Times Co.. _ _ I Lauderdale County Gin and Seed Co _.| Lewis Transfer and Storage Co Labor Monitor Publishine Co., The Lancaster Banking Co., The Lovejoy Sanitarium, The Dr I Shelby Madison Madison Washington. Madison Obion Jackson Claiborne ... Montgomery Shelby Haywood .._. Campbell Roane Davidson Davidson..., Davidson... Knox , Knox Shelby Shelby Davidson Knox Knox Knox Knox Knox Davidson Knox Knox._ Knox Knox Knox , Hamilton Knox Knox Knox._ Knox Knox -. Haywood.... Wilson Hamilton.... Henderson . Hamilton.... Lake Davidson..., Lauderdale., Hamilton.... Lawrence .. Campbell.... Shelby Sumner Roane Shelby Knox Wilson Hamilton.—. Loudon Hamilton.... Shelby - Knox Campbell Lake . Campbell Lauderdale . , Shelby Hamilton Smith Hamilton Feb. 7, 1905 Feb. 21,1906 Feb. 28.1906 Mar. 10,1906 Mar. 20,1906 June Aug. Sept. Sept. Feb. Feb April May June July Aug. Sept. Nov. Feb. Mar. Mar. April June July Sept. Oct. Nov. Nov. Jan. Feb. May July Nov. Deo. Dec. Jan. Feb. Mar. April April May June June July Sept. Sept. Sept. Deo. Jan. Feb. Feb. Feb. Mar. April May May June June Aug. Aug. Aug. Aug. Aug. Sept. Sept Sept. Dec. Deo. 26,1903 17, 190S 18,1908 22,1908 8.1904 6,1904 1,1904 21,1904 30.1904 7, 1904 2,1904 28,1904 16,1904 16,1905 7,1905 21,1906 16.1908 25, 1903 30,1903 17,1903 3,1903 4,1903 21,1908 15, 1904 6,1904 21,1904 20.1904 21,1904 6,190ft 20,1904 8,1905 28.1905 27, 1905 13,1908 25,1908 23,1908 1,1903 12,1908 80,1903 8,1903 16,1903 29,1908 8,1903 28,1908 12,1904 95,1904 29.1904 2,1904 19,1904 4,1904 17,1904 4.1904 13,1904 13,1904 13,1904 17,1904 20.1904 22,1904 2,1904 7,1904 9,1904 16,1904 17,1904 — 1341 — Domestic Corporations — Continued. Kami or Cobpobation. County where registered. When regis- tered in Secretary of State's office bewis Lumber Co., The [jebanon Planing Mill and Lumber Co__ Laurel Rail way Co [APollette Mill and Grain Co., The __. tittle Sisters or the Poor, Home for the Aged, Nashville, The Ijightfoot Nursery Co _ joeb Shoe Co., Henry jattA Bauer Lumber Co jogan A Maphet Lumber Co jongtown Gin Co., The _ jog Mountain Coal & Coke Co jookout Land Co jog Mountain Coal I Q inker Marble Co., of Tennessee R - salty Investment Co __. ioe Bureau, The ___ » __. eta Mountain Coal A Coke Co sal A Personal Estate Ass'n., Lewisburg, The chard son Lumber Co., W.J »d Store Company ipley Brick Co _r ichland Medicine Co., The aal «fc Personal Estate Association of Globe, Tenn ead Supply Co _ etail Grocers A Butchers' Ass'n., of Memphis iohmond A Bond Co ector Coal Co idgre View Land Co — ival Manufacturing Co _ etail Grocers' A Butchers' Association edford Book Co., The _ _ •eliable Furniture and Carpet Co »m> Coal Co .... land Powder Co. of Tennessee Led Water Oil A Mining Co __ ipley Sayings Bank A Trust Co. (amendment) tiverslde Planing Mills Lichlaud Valley Phosphate Co., The tichland Realty Co tearing Spring Telephone Co., The _ tock City Spoke Co tyan unty line, to change Jackson and Putnam Counties inty line, to change between Carroll and Benton counties 193 | 397 191 , 395 186 I 390 173 ! 379 161 , 352 156 345 136 | 293 88 ' 199 86 197 91 I 202 95 | 206 9 I 21 20 i 53 1369 — INDEX. County line, to change same between Giles and Marshall counties. Count j line, to change same between Overton and Putnam counties. County line, to change same between Pickett and Fentress coun- ties County line, to change same between Putnam and DeKalb counties County line, to change same between Monroe and Loudon counties. County line, to change same between Cannon and Wilson counties, County line, to change same between Smith and Wilson counties. County line, to rep eal an Act to change line between Shelby and Tipton counties Coanty Superintendent of Public Instruction, to fix compensation in Lewis County County Trustee, to prohibit payment of school funds for charts, maps, etc., unless countersigned County Trustee of Shelby County, to collect taxes for Memphis __ Courthouse, to authorize Fentress County to issue bonds for build- ing of •_ ___ Courthouse, to authorize Shelby County to issue bonds to erect. __ Courthouse, to amend Act authorizing Shelby County to build Courthouse, to authorize Davidson County to issue bonds for build ing of _ Courthouse, to authorize Lawrence County to issue bonds for Courts Chancery, to amend Act to expedite litigation _ Courts, to create criminal court for counties of Anderson, Camp bell, Morgan, Scott, Pickett, Fentress and Union Courts, to change time of holding in Fourteenth Circuit Courts, juvenile, to provide for care and custody of neglected children ,.. Courts, to reorganize County Courts in Obion County into quar terly sessions _ Courts, to provide taking of pro confesso Criminal costs and fees, to amend Act regulating collection of in Shelby County Criminal Courts, to authorize Judges of to adjourn regular terms. Criminal Court, to create for counties of Anderson, Campbell Morgan, Scott, Pickett, Fentress and Union Crockett County, to create school district number seventeen Crockett County, to create school district in Thirteenth Civil Dis- trict _ Crockett County, to create School District No. 18 ___ Crockett County, to create School District No. 16 Crossville, to incorporate town of Cumberland County, to supply lost tax books to Trustee, and pro- vide collection of revenue in Cumberland County, to authorize issue of bonds for courthouse. .. Cumberland County, to create school districts in Cumberland River, to authorize issue of bonds by Davidson County for bridge over D Damages, to recover for injury for unlawfully running automo- biles Davidson County, to create Twenty-sixth School District Davidson County, to authorize issue of bonds for Peabody Educa- tional Fund Davidson County, to authorize issue bonds for bridge over Cumber- land River 28 38 39 36 37 35 47 53 394 64 56 127 377 124 123 428 427 359 304 516 472 215 113 359 226 536 287 282 77 424 510 488 526 173 543 542 526 73 83 84 82 82 81 92 98 810 139 120 273 784 268 265 903 901 754 655 1162 1007 447 250 754 465 1229 612 605 177 896 1136 1056 1185 371 1245 1243 1185 1370 — INDEX. CHAP. PA&E. Davidson County, to authorize issue of bonds to build courthouse. 123 2*3 Davidson County, to redistrict county of 110 24f Davidson County, to authorize appropriation for turnpikes 511 1199 Day ton, to amend the charter of town of 107 234 Dayton, town of, to issue bonds for school purposes 437 93: Debt, damages and costs, to require bond for, on appeals from judgments in action on account 89 2Cw Decatur County, to create school districts in 489 1057 Decatur County, to change time of holding Circuit Court. 454 977 Decatur, to incorporate the town of 83 196 Decatur County, to create new school district in county of . - 116 253 DeKalb and Smith, to change the line between the counties of 8S 1» DeKalb and Rhea, to fix time of holding Circuit Court in counties of. 269 373 DeKalb and Putnam counties, to change line between 36 « DeKalb and Smith, to change line between counties of 95 396 DeKalb County, to establish civil district in county of 170 364 DeKalb and Putnam, to change line between counties of 156 345 Department of Game, Fish , and Forestry, to create 455 964 Deposits, to amend Act requiring same of surety companies to be held by Treasurer 360 73< Dickson County, to create School District No 17 in county of 12* 276 Dickson County, to repeal Act creating County Judge of . 92 203 Dickson County, to establish School District No. 17 in county of._ 93 304 Dickson, to amend charter of town of . 355 749 Dickson County, to create School District No. Nineteen 28 1 604 Dickson County, to create school district in Sixth Civil District of. 66 151 Dickson County, to create school district 467 9S7 Dickson and Williamson, to change line between counties of 525 11^5 Disabilities, to remove same of 6. C. Sherrod to permit him to prac- tice law 96 207 Diseases, to prevent spread of communicable diseases 519 11 72 Diseases, to amend Act to prevent spread of contagious and infec- tious diseases among domestic animals 152 325 District line, to change between fourth and seventh, of Greene | County : 371 776 District number Twenty-one, to abolish same in Weakley County. i 207 : 431 Doyle, to incorporate the town of 105 223 Dresden, to authorize town of to issue bonds for waterworks and" electric lights __ ___; 493 ; 1075 ! Drunkenness, to give grand juries inquisitorial power of j 7 19 j Dry goods stores, to require seats for female clerks in ! 171 , 365 Dyer, to amend charter of town of, authorizing issue of bonds forj I school purposes j 361 75$ Dyer, town of, to amend charter , 325 680 Dyer, town of, to amend Act incorporating... _,j 324 ' 679 Dyer County, to amend Co-extensive School District Act j 454 ! 953 Dyer County, to amend game law ! 431 j 914 Dyer County, to fix time of holding Circuit Court in 304 i 655 Dyer County, to create special school district in county of 177 37$ Dyersburg, to amend charter as to sprinkling streets | 448 I 947 E I Eads, to incorporate town of I 514 I 1153 East View Cemetery, to authorize sale of part of in Alexandria...! 523 I 1133 Eaton, to incorporate town of ! 484 1045 Election law, to exempt Henderson County from registration i 400 I $29 Election law, to amend so as to apply registration and secret bal-' | lot to all districts to Maury County | 387 J $03 — 1371 INDEX. Election law, to amend so as to provide for election of committee- men ..- Election law, to amend providing for additional Registrars in cer- tain districts Elizabethton, to incorporate town of Elk Valley, to include town of in special school district in Camp- bell County __ Employees, to give lien on merchandise for services ._ Employers, to require seats for female employees Engines, to regulate running of on public high ways Entomologist, to create and regulate inspection of trees, etc Erwin, town of, to amend Act of 1903 incorporating Exemption law, to amend Expenses of officers going for fugitives from justice, to amend ... 353 256 528 176 414 171 460 466 336 376 447 Fayette County, to fix time for holding Circuit Court _ 57 Fayetteville, to amend Charter of town 492 Fees of Attorney General, to amend Act to prevent remitting of._ 533 Fees and costs, to amend Act regulating collection of in criminal eases in Shelby County 215 Fence law of Franklin County repealed 30 Fence law for Hamilton County ,.._ 504 Fence law for Rhea County 310 Fence law for Roane County 33 Fence law, to repeal for Roane County 351 Fence, to establish a lawful fence for Roane County _ 98 Fence law of Robertson County, repealed 51 Fence law for White County _ | 520 Fence law of Weakley County repealed _ Fentress County, to create Criminal Court in __ Fentress County, to authorize issue of bonds to build courthouse in county of ' Fentress County, to provide for holding Circuit Court Fentress and Pickett Counties, to change county line between Fentress and Overton, to change line between Fentress County, to levy and collect taxes on real estate for year 1905 ._. Fifth Floterial District, to attach Hawkins County to Financial agent, to fix compensation of, for Union County Fire Insurance, to prevent agreement by companies to maintain rates _ .__ Fish law for Giles County Fish law, to amend for Greeiie County _ Fish, to protect in Haywood County Fish law of Hickman County, to amend _. Fish, Houston County, to catch in any way __. ___ Fish law for Meigs County _ Fish law for Trousdale County Fish, game and forestry, to create departmentof — Fishing and hunting, to regulate in Coffee County Fishing, to regulate in Lawrence, Wayne and Lewis Counties Flag, to adopt for State of Tennessee _ Flatwoods, Wayne County to establish voting place in Floating debt, to authorize Johnson City to fund same by issuance of bonds — Floterial Districts, to amend Act creating 45 359 127 59 39 453 445 463 86 479 206 502 313 271 335 408 263 455 423 212 498 32? 85 463 — 1372 — INDEX. Food, to amend Act of 1897 to prevent adulteration of j Forked Deer River, to straighten channel of south fork ' Foster, J. L., to place lands of in Moore County _.j Four-mile law, to amend so as to prohibit purchase of liquor for' another Fourteenth Circuit, to fix time of holding Circuit Court in Fourth Chancery Division, to fix time of holding court in Fourth Judicial Circuit, to fix time of holding Circuit Court in | Fowlkes, to incorporate town of _ __ Franklin, to amend charter of town of -_ _ Franklin, town of, to issue additional bonds for waterworks Franklin County, to create jury commission » Franklin County, to repeal fence law Franklin County, to repeal an Act authorizing the issuance of bonds for road purposes Franklin and Moore, to change line between counties of Franklin and Moore, to change line between counties of Franklin and Moore, to change line between counties of _. Franklin and Moore, to change line between counties of Fraternal Beneficiary Association, to provide organization of in- surance Fruitland High School District, to create in Gibson County Fugitives, to amend Act of, compensation to officers in going for. . Furnishers and landlord liens, to extend time for enforcement G Gambling, to prohibit on races Game, to amend general game law Game law, to amend for Dyer County Game law, to amend as to Giles County Game law for Hardeman County Game and fish law for Lewis, Lawrence and Wayne Counties Game, to protect in Warren County Game, fish, and forestry, to create department of Gaming houses, to amend charter of Memphis to suppress . Gaines boro, to incorporate, etc., and establish school district Garnishment law, to amend General appropriation bill General Game Law, to amend. General road law, to amend George Peabody College for Teachers, to authorize appropriation by State of Tennessee to secure location at Nashville Georgia and Tennessee, to provide for location of line between Gibson County, to create office of County Judge for Gibson County, to create special school district at Fruitland Gibson County, to create High School District No. 29 Gibson County, to create School District No. 30 _. Gibson County, to create School District No. 32 Gibson County, to create school district known as Laneview College in county of Gibson County, to create school district in Twenty -first District of. Gibson County, to establish high school district in Giles and Marshall Counties, to change line between Giles County, to amend game law liles County, to protect fish in 'les County, to create school in odrich, to create school district of in Hickman County 508 1121 387 803 91 ' 202 422 894 304 655 120 259 204 42* 468 9SS 48 93 318 672 233 4* 30 75 46 i 206 ! 191 * 390 385 480 330 447 32 91 430 395 $06 S01 1021 6S3 946 82 1*5 515 1 1159 431 1 714 294 626 481 ' 1039 212 441 439 1 934 455 t 954 251 1 547 26 1 62 376 752 497 1038 515 1159 478 1016 211 437 499 1100 432 915 330 685 245 526 243 51 T 293 634 168 361 133 237 78 17* 28 73 294 636 306 657 386 803 292 633 _1373 — INDEX. Grainger County, to prevent stock from running at large in county of _.. _ Grainger and Union Counties, to change line between Grand Juries, inquisitorial power of in cases of drunkenness Grand Juries, to give same inquisitorial power to prevent spread of contagious diseases among domestic animals Grants, to amend Act authorizing repeal of grants of land. Greene County, to amend fish law _ Greene County, to attach to Second Senatorial District Greene County, to attach to Second Floterial District Greene County, to create school district Greene County, to change line between Fourth and Seventh Dis- tricts of Greene County, to change line between Seventeenth and Eleventh Districts Greene County, to change line between Fifteenth and Sixteenth Districts Greene County, to create school district in First Civil District Greene County, to change line between Twentieth and Seven teenth Districts Greene County, to create school district _ Greene County, to create special school district Greene County, stock law, tore-enact Greene County, to repeal stock law, Act of 1903 Greenfield, to incorporate the town of Greeneville, to authorize issue of bonds Grundy, to redistrict county of _ Grundy County,' to create Viola taxing district G rundy and Coffee, to change line between counties of Guaranty companies, to amend Act relative to deposit of withj State Treasurer.. 371 305 301 310 175 375 71 158 7 19 152 325 459 961 502 1112 463 975 463 -975 372 778 420 892 275 580 368 770 246 528 228 470 194 396 469 1003 210 435 495 1081 374 779 H Halls, to amend charter of town of , Hamblen County, to issue bonds for road purposes Hamilton County, to authorize issue of bonds to refund indebted- ness Hamilton County, to create office of Poll Tax Collector for Hamilton County, to create Twenty -first School District of county of __ __ Hamilton County, to authorize issue of bonds for school purposes. Hamilton County, fence law for __ Hamilton County, to redistrict _ Hamilton County, to provide salary of Assistant Attorney-General of Hamilton County, road law Hancock County, stock law for Hancock and Claiborne counties, to create Jury Commission for.. Hardeman County, game law 1 Hardeman County, to redistrict .__ Hardeman County, to fix time for holding Circuit Court ._ Hardin County, to create School District No. 9 Hardin County, to issue interest-bearing warrants 1o build court- house. Harriman, to amend charter of town of .._ Harriman, to authorize to fund outstanding bonds 360 776 656 652 674 756 61 135 485 1047 118 256 75 169 115 252 507 1119 504 1115 3 13 22 57 332 689 299* 650 344 730 481 1037 29 74 57 121 209 433 312 663 365 762 342 727 — 1874 — INDEX. CHIT. FACB. Hawkins County, to amend Act creating Board of Jury Commis-I j sioners J* _. ___ I 217 449 Hawkins County, to change time of holding Circuit Court in county of _ 103 221 Hawkins County, to create special school district in l 446 945 Hawkins County, to attach to Third Senatorial District , 463 • 975 Hawkins County, to attach to Fifth FJoterial District :. 463 j 975 Haywood County, to protect fish in 313 6€6 Haywood County, to protect tillable lands from trespass i 252 54* Henderson and Chester, to change the line between the counties of. j 161 352 Henderson County, to create school district in county of ' 185 j 339 Henderson County, to create Civil District No. 7 in 462 | 974 Henderson, town of, to amend Act to incorporate -. 327 682 Henderson, to authorize issue of bonds for waterworks ,419 691 Henderson County, to exempt from registration law 400 , 829 Henderson County, to redistrict ; 399 827 Henning, to authorize town of to issue bonds for waterworks I 476 1013 Henry County, to create school district, including Puryear 273 57* Henry County, to ratify school districts as laid off by County Court, 348 743 Henry County, to amend Acts reducing civil distrcts ! 216 , 448 Henry County, to create special school district in county of in 1 Eighth Civil District __ , 183 ' 387 Henry County, to create independent School District, No. 17 I 302 653 Henry County, to authorize erection of High School building 396 j 812 Hickman County, to amend fish law i 271 575 H ick man Cou nty , to create school district of Goodrich 292 633 Hickman County, to redistrict : 503 j 1113 Hickman County, to establish School District No. 58 | 471 ■ 1006 Highland Park, to incorporate town of _ 154 , 334 High School, to authorize conveyance in Cookeville j 260 I 561 High School District, to create in Gibson County 245 536 Highways, to regulate running of traction engines on 460 . 963 Horse races, to prohibit gambling on , 82 j 185 Houston County, to repeal stock law | 362 ' 759 Houston County, to create school district ! 276 , 581 Houston County, to allow fishing in any way 335 : 701 Humboldt, to authorize town of to issue bonds to build school | house j 130 I 282 Humboldt, to amend charter of town of 125 270 Humboldt, to amend charter of town of ___A 90 201 Humphreys County, to create Joint School District No. 19.-. 214 445 Hunting, to regulate in Lawrence, Wayne, and Lewis counties 212 441 Hunting and fishing, to regulate in Coffee County 423 895 Hunting, to amend general game law ! 515 1159 Huntingdon, to authorize sale of Academy school property in town! of I 87 193 Huntingdon, to amend charter of town of 34 k 79 Incorporation laws, to amend so as to provide for organization of acetylene gas companies , Inheritance, to prevent murderer from taking property of deceased i 111 23 Inspection of coal oil, to amend law as to rate of salaries in towns ' of 6,000 inhabitants ! 442 941 Insurance, life, to provide for beneficiary organizations _._ . j 480 Insurance, to prevent agreement by companies to maintain rates of. 479 Insurance, to print on each policy the nature of I 392 134 289 1021 1019 — 1375 — INDEX. Jackson, to authorize city of to extend corporate limits Jackson, to authorize town of to issue notes to buy pumps Jackson and Putnam, to change line between counties of Jackson and Putnam, to change line between counties of Jackson and Putnam, to change line between counties of __ Jackson and Putnam, to change line between counties of Jackson and Putnam Counties, to change line of Jackson and Smith, to change line between counties of Jefferson City, to amend charter of 3 efFerson County, to create School District No. 8 Jefferson County, to authorize issue of bonds for road purposes... Jefferson County, to amend Act redistricting _ Jim Crow Law, to provide separation of white and colored pas- sengers on street cars Johnson City, to authorize town of to issue bonds for school purposes ___ ___i __ Johnson City, to authorize town of to issue bonds for electric light purposes _ Johnson City, to authorize town of to issue bonds Judge, to authorize appointment for Sixteenth Judicial Circuit... Judges, to authorize adjournment of regular term of Circuit Court Judgment by default, to provide taking pro confesso Judgments in actions on account, to provide for bonds on appeal. Judgments, to regulate appeal from Justices of Peace and trial in Circuit Court _ Judgments in replevin cases before Justices of the Peace, to regulate _ Judicial Circuit, to create Sixteenth Judicial Circuit and fix time for holding Court _. Jury Commission, to create same for Franklin County Jury Commission, Hancock and Claiborne Counties, to create... Jury Commission, Marion County, to create .__ _.. Jury Commission, to create same for McMinn County Jury Commission, to create for Roane County _ _ Jury Commission, to create same for Shelby County Jury Commission, to create for Sullivan County Jury Commission, to create in Warren County Jury Commission, to create in Williamson County Jury Commissioners, to amend Act creating same for Hawkins County.. Justice of the Peace, to regulate appeal from and trial in Circuit Court _ _ Justices of the Peace, to fix number for city of Nashville Justices of the Peace, to regulate judgments in replevin cases before Juvenile Court Laws.- K Kenton High School District, to create in Gibson County Knights of Pythias, to authorize lodge of to own real estate, etc.. Knoxville, to amend charter to authorize issue of bonds for park purposes... __. Knoxville, to authorize issue of bonds Knox and Union, to change line between counties of Knox County, to authorize appropriation of school fund for train- ing of teachers 131 285 126 272 239 513 198 416 199 417 238 512 9 21 505 1117 163 354 221 455 225 462 236 508 150 227 31 57 233 344 338 235 397 230 341 291 461 217 8 110 31 516 293 141 366 278 186 114 321 467 200 418 85 195 57 121 113 250 461 1007 89 200 20 76 121 484 730 703 498 813 472 716 627 963 449 20 242 76 1162 634 300 764 585 390 251 1376 — INDEX. L Lafayette, to incorporate town of - La Follette, city of, to establish limit of taxation in _. Lake County, to fix time of holding Circuit Court in Land in Memphis, ceded to United States Land grants, to amend Act of 1903 authorizing repeal of all Landlord and furnishers' liens, to extend time for enforcement. _. Lands, to improve along Forked Deer River _ Lands, to improve along Big Hatchie River Lands, to protect from trespass in Haywood County Laneview College District, to create same in Gibson County Lauderdale County, to amend Act regulating public schools in Lauderdale County, to provide for system of public roads in county of Lauderdale County, to fix time for holding Circuit Court ^. Lauderdale County, to increase salary of County Judge towns of over 6,000 inhabitants Lawrenceburg, to authorize issue of bonds for waterworks and electric light __ _ _ Lawrence County, to authorize issue of bonds for courthouse Lawrence County, to authorize incorporation of water, gas, and light plants in one charter _ Lebanon, to amend charter of town of Lebanon, to authorize town of to issue bonds for water supply Legislative appropriation bill _ _ _ _. Lending money, to regulate the business of lending money on per- sonal property, etc. (Loan Shark Bill) ., Lewisburg, to amend charter of town of Lewisburg, to amend charter of town of __ Lewis County, to fix compensation of County Superintendent of Public Instruction in _ Lewis County, to amend Act creating office of County Judge _ .. Lewis, Lawrence, and Wayne, to regulate hunting and fishing in counties of Lexington, to amend charter of town of Libraries, to amend Act to maintain free public, so as to apply to Licenses, to require dealers in game to take out Lien, to give employe on merchandise for services >. Lien, on tobacco in warehouses for money advanced Liens, landlords and furnishers, time extended for the enforce- ment of same __ Life insurance, to provide fraternal beneficial organizations Life insurance, to require character of on each policy Lincoln and Bedford counties, squirrels may be killed at any time. Lincoln and Marshall counties, to change line between Lincoln and Moore, to amend Act making civil and school districts co-extensive in countiesof Lincoln and Moore, to change the line between the counties of._. Lincoln and Moore, to change line between counties of Line, to provide for location between Georgia and Tennessee Liquor, to prohibit buying for another within four miles of school- house _ _- -. Liquors, to prohibit sale in Tipton County Litigation, to amend Act to expedite in Chancery Court "Loan shark bill," to regulate the lending of money on personal property, etc... ._ Lookout Mountain, to amend charter of Loudon County, to prevent stock from running at large - Loudon and Monroe counties, to change line between CHAP. PA« 58 25 304 13 459 32 391 363 252 168 234 146 57 451 | 438 434 428 512 349 181 509 109 818 416 394 380 21^ 43 515 414 6 32 480 392 309 67 232 136 91 499 422 352 £ 427 901 109 237 132 296 60 1M 37 £ 1377 — INDEX. M dcMinn County , to create jury commission in dcMixin County, to issue bonds for road purposes ._ tfcMinn and Monroe, to create school district out of parts of counties of SIcMino. and Polk, to change line between counties of McMirraville, to amend charter of ... McMinnville, to change corporate limits McNairy County, stock law for McNairy County, to fix time for holding circuit court McNairy County, to create county judge in Maces Hill School, to create district in Smith County known as... Macon and Sumner, to change line between counties of Macon County, to create School District No. 15 in county of Macon County, to create Special School District No. 15 in Madison County, to amend Act authorizing issue of bonds for public roads Mad. i son County, to regulate working of roads in Madison County, to fix time for holding Circuit Court Madison County, to create and regulate County Judge of _ Madison, to authorize levy of special tax to pay interest on Good Roads bonds Manchester, to incorporate the town of Marion County, to create jury commission for Marion County, to redistrict. Marshall County, to create Special School District No. 20 Marshall County, to create school district Marshall County, to redistrict... Marshall County, to repeal Chapter 161 of 1883 creating Palmetto Academy School District in Marshall and Lincoln Counties, to change line between Mars Hill Academy, to repeal charter ofin Rhea County Martin, to amend charter of town of Materials, to authorize construction companies to receive pay- ment in stocks and bonds for Maury County, to regulate construction of turnpikes Maury County, to regulate working of public roads _ Maury County, to authorize issue of bonds for courthouse, etc Maury County, to amend registration law so as to apply to Maury County, to amend Act redistricting county of Maury and Williamson, to change line between counties of Meal, corn, to regulate sale of by weight Medical colleges, to regulate practice of medicine of graduates of. Medicine, to amend Act regulating the practice of___ Meigs County, fish law .__ Meigs County, to establish four civil districts instead of eight Meigs County, to fix compensation of Circuit Court Clerk in county of Meigs County Register, to be ex officio Circuit Court Clerk _ Memphis, to amend taxing district of Memphis, to amend charter. Memphis, to amend charter so as to suppress gaming houses Memphis, to amend Act as to tax rate on gravel roads Memphis, to authorize Board of Education to issue bonds Memphis, to amend charter of to authorize issue of bonds _ Memphis, to amend charter of Memphis, to amend taxing district of as to collection of taxes . . Memphis, to levy and collect taxes for park purposes 87 235 430 405 178 241 257 320 57 491 201 196 117 314 518 403 57 14 473 65 338 237 315 383 264 231 67 188 208 498 907 862 379 515 558 675 121 1071 423 414 255 667 1170 860 121 38 1008 140 703 510 669 799 566 482 152 392 432 474 1009 534 1227 541 1235 527 1188 387 803 381 793 205 429 482 1039 111 248 111 248 408 870 303 654 104 222 219 452 54 99 345 740 251 547 321 677 340 713 172 363 164 356 56 120 195 413 _ 1378 — INDEX. Memphis, land in ceded to United States Merchandise, to give lien on for services of employees Mileage allowed officers in going for fugitives from justice r Minors, to prohibit sale of tobacco Miscellaneous appropriation bill . .. Money lending, to regulate the business of lending money on per- sonal property, etc (Loan Shark Bill) Money, to authorize loan of on tobacco in warehouses . Monroe and Loudon Counties, to change line between Monroe and McMinn, to create school district out of parts of counties of Montgomery County, to authorize issue of bonds for road purposes Montgomery County, to defer collection of delinquent taxes Montgomery County road law Mont Vale Academy, to incorporate Moore and Franklin, to change line between counties of Moore and Franklin, to change line between counties of.. Moore and Franklin, to change line between counties of Moore and Franklin, to change line between counties of ■ Moore and Lincoln, to amend Act making civil and school districts. co-extensive in counties of Moore and Lincoln, to change line between counties of Moore and Lincoln, to change line between the counties of Moore County, to amend co-extensive school district Act as to Moore County, to create school district... Moore County, to create Twelfth School District in - Morgan County, to create Criminal Court in Morgan County, to issue bonds for road purposes Morgan County, to create school district Morgan and Sevier, to change time of holding Circuit Court in counties of Morrison, to incorporate town of Morristown, to issue bonds to cover floating indebtedness Morristown, to authorize issue of bonds to fund indebtedness Mortgage, unlawful to give on personalty, when Mossy Creek, to amend Act incorporating town of under name of Jefferson City Mountain City and Roanes Creek Turnpike Co., to create corpora- tion of Mountain City, to abolish charter of and to reincorporate Munford, to incorporate town of . Municipal corporations, to extend Act of 1897 to maintain libraries; to towns of 6,000 inhabitants! _ Murderer, to prevent inheriting property of deceased . Murfreesboro, to amend charter authorizing tax levy Murfreesboro, to amend charter authorizing City Council to con-; tract for lighting of city Murfreesboro, to amend charter giving Mayor powers of Justice1 of the Peace ■ i » i Nashville, to authorize issue of bonds to extend Commerce Street Nashville, to extend corporate limits Nashville, to amend Act creating Park Commission Nashville, to define limits, and fix number of Justices of the Peace in city of Nashville, to authorize issuance of bonds for street purposes.. . 13 r 414 334 447 94ft « 12 509 1122 109 23T 6 17 37 SS 4Q5 36? 157 345. 297 644» 17 44 412 87? 390 9»*t 3S5 801. 191 396. 206 43* 232 453 91 3G2 136 a» 421 893 272 576 322 677 359 754 298 646 522 1150 lOl 21* 244 519 443 941 121 260 329 684 163 354 99 210 12 23 382 7M 43S 933 11 ■ 23 40 S4 41 : 85 42 i M 1 539 . 1232 333 : 697 162 . 353 1 110 243 55 , 115 — 1379- INDEX. rasbville, to authorize city to issue bonds for school building.. fewbern, to amend charter of town of to extend limits rewbera, to amend charter of town of as to limits fewbera, to amend charter of to extend corporate limits (same as Cb&pter 62).. lew counties, to provide for collection of taxes in... Newport, to authorize town of to issue bonds lewport, town of, to amend Act incorporating. ffolachncky River, to amend fish law applying to Son est factum, to amend plea of Notary Public, to authorize appointment by Governor in Wayne County Sotea, to authorize town of Jackson to issue O >bion County, to create school district in. — _ Obion County, to reorganize Quarterly Court of - Obion County, to fix time of holding Circuit Court in Obion County, to amend Act creating County Judge Obion County, to change school districts in county of Officers, to amend Act as to compensation in going after fugitives from justice Oils, inspection of, to amend as to salaries in towns of 6,000 inhab- itants Oil wells, to require plugging when abandoned _ Old penitentiary, to authorize sale of property— Oliver Springs, to repeal charter _ Oliver Springs, to incorporate town of Oneida, to incorporate town of ._ Osteopathy, to regulate practice of Overton and Clay counties, to change line between Overton and Clay, to change line between counties of Overton and Fentress, to change line between.. Overton and Pickett, to change line between counties of Overton and Pickett, to change line between counties of Overton and Pickett, to change line between counties of Overton and Putnam, to change line between counties of Overton and Putnam counties, to change the line between Overton and Putnam, to change line between counties of Overton County, to create school district in town of Allons Overton County, to create school district in Sixth Civil District . . . Overton County, to create school district in Eighth Civil District. . Overton County, to exempt from Act making civil and school dis- tricts co-extensive— P Palmetto Academy District in Marshall County, to repeal Act 1883 creating Park Commission, to amend Act creating same for city of Nashville Parks, to provide for collection of taxes to maintain in Memphis.. Passengers, to provide separation of white and colored passengers on street cars Peabody College, to authorize appropriation for benefit of by the State to secure location in Nashville _ Peabody Educational Fund, to authorize issue of bonds for by Da- vidson County Penitentiary, to ratify sale of old property site 535 231 162 195 150 211 542 262 350 745 357 751 62 137 140 299 411 873 406 863 343 729 502 1113 73 167 274 579 126 272 517 1169 494 1078 304 655 290 626 184 388 447 946 442 941 379 789 262 563 340 741 247 629 529 1202 255 553 337 702 258 559 453 953 373 779 378 789 193 397 218 451 38 83 538 1231 524 1184 521 1178 283 607 1228 482 353 413 321 437 1243 563 — 1380 . INDEX. CHAP. FAS* 202 | 435 Pension, to amend Act so as to provide pensions for indigent widows of soldiers ' Pensions, to appropriate money for, and to amend Act governing j same _._; Perry County, to change time of holding Circuit Court in | Personal property, to regulate the business of lending money on . . Petersburg, to amend charter of _ _ I Pharmacy, to amend Act regulating the practice of I Pickett and Clay, to change line between counties of j Pickett and Fentress counties, to change line between j Pickett and Overton, to change line between counties of. I Pickett and Overton, to change line between counties of j Pickett and Overton, to change line between counties of I •Pickett County, to create Criminal Court in I Plea of non est factum, to amend A6t regulating. Policy, to require life insurance companies to indicate nature on | face of each __ i Polk and McMinn, to change line between counties of I Polk and Roane, to fix time of holding Circuit Court in counties of i Polk County, to protect funds arising from school lands I Poll Tax Collector, to create office of for Hamilton County | Pools, to prohibit the sale of on races . Portland, to incorporate... ... I Power of attorney, to provide for registration to convey real estate! in certain cases Practice, to regulate in chancery court Primary election law, to amend so as to provide for election of committeemen Prison, to provide pay for convicts when released from Prison Commissioners, to provide pay for convicts when released from prison Private corporations, to provide division of stock into common and preferred __ _ _ _ Property, personal, unlawful to mortgage, when Property, to prevent murderer from inheriting from deceased Pro confesso, to amend Code providing for taking of Public debt, to amend Act providing for funding of Public drunkenness, to give grand juries inquisitorial power of Public high school building, to authorize Henr^ County to erect.. Public highways, to regulate running of traction engines on Public highways, to authorize grant of use of, of Tullahoma Public roads, to regulate working in Williamson County Public roads, to amend general Act Public roads, to authorize Anderson County to issue bonds for _._ Public roads, to provide for system of in Lauderdale County Public schools, to authorize State Superintendent to suspend for one day Public Schools, to amend Act regulating in Lauderdale County... Pulaski, to amend charter of town of "Pure Food Law," to amend Act 1897 Puryear, to create school district in Henry County, known as Putnam and DeEalb, to change line between counties of Putnam and DeKalb counties, to change line between Putnam and Jackson, to change line between counties of Putnam and Jackson, to change line between counties of... Putnam and Jackson, to change line between counties of Putnam and Jackson, to change line between counties of. Putnam and Jackson, to change line between counties of 80 | isa 464 | . 9T77 109 237 160 | &1 81 184 206 ! m 39 , 94 378 | 739 373 779 193 1 397 359 i :h 1 392 j 90% 178 ! 379 204 43 334 | 69S 75 , 1© 82 ' 135 286 | 613 112 1 2t& 49 1 94 1 353 748 486 ' i 1054 486 1 1 1054 IT*' 373 329 1 m 11 1 a 472 » 1007 393 J 909 7 1 19 396 1 812 460 1 962 256 i 557 541 1 1235 478 j 1016 295 1 637 146 | 307 lO 1 21 234 | 494 367 1 767 508 j 1131 273 ' 573 156 | 343 36 1 83 237 1 513 197 j 415 197 1 415 198 i 416 199 417 — 1381 — INDEX. itn&zn and Jackson, to change line between counties of rtnsLin and Jackson counties, to change line of itxi&m and Overton counties, to change line between ___ ttnam and Overton, to change line between counties of itD&m and Smith, to change line between counties of it nam County, to authorize issue of bonds for public roads ltnam County, to create school district in ltnsLxn County, to create school district No. 21 in County of Q naraiitine, to provide for preventing spread of communicable diseases uara,xitine, to provide for an inspection of trees, etc., by State Entomologist 238 512 9 21 38 83 218 441 370 776 531 1219 457 959 166 359 B Aces, to prohibit gambling on Lailroads, street and interurban, to provide assessment of- Lailroad tickets, to prohibit sale of non-transferable, and redemp- tion of taleigh, to repeal charter of town of__ taleigh, to incorporate town of leal estate, to authorize lodges of Knights of Pythias to own iedistricting Hardeman County, an Act to Register of Meigs County to be ex officio Circuit Court Clerk Registration law, to exempt Henderson County from Registration law, to amend so as to apply to Maury County Registration of voters, to amend Act providing for additional Reg- istrars in certain districts Registration, to provide for in certain cases to convey real estate] by power of attorney __ j Religious institutions, to amend corporation law extending powers of | Replevin, to regulate judgments before Justices of the Peace j Revenue, to provide collection of upon lost books Rhea and DeKaU>, to fix time of holding Circuit Court in counties of Rhea County, to authorize issuance of bonds for road purposes Rhea County, to provide lawful fence Rhea County, to provide stock law for Richmond, town of, Bedford County, to repeal charter of. Ripley, to extend corporate limits of Rives, to incorporate town of __ Road Commissioners, to amend law for Shelby County Road Commissioner, to re-create office of in Shelby County Road law, to amend that of Shelby County _ Road law, to amend general act Road law, Montgomery County.. _.. Roads, to regulate working of in Maury County Roads, to amend act authorizing issue of bonds for in Madison County Roads, to authorize Hamblen County to issue bonds for purposes of Roads, to regulate working in Madison County I Roads, to authorize construction of in Hamilton County | 519 466 82 513 410 248 249 141 29 219 400 387 256 112 358 31 398 269 106 310 316 339 27 153 74 63 79 478 17 541 518 485 403 332 1172 982 185 1152 872 540 541 300 74 452 829 803 551 249 753 76 823 573 230 660 670 713 72 326 168 138 181 1016 46 1235 1170 1047 860 689 _ 1382 — INDEX. .CHAP. F144 Roane and Polk, to fix time of holding Circuit Court in counties of Roane County, to create jury commission ; Roane County, to repeal fence law ( Roane County, to create school district (Caney Fork) Roane County stock law Roane County, to establish a lawful fence Roane County, to create County Judge of- Roane County, to establish lawful fence Robertson County, to repeal fence law of Robertson County, to repeal stock law __ Robertson County, to change line between Thirteenth and Four- teenth Districts Robertson County, to change school districts in county of Robertson County, to create school district No. 21 in county of Rogersville, to change corporate limits of ._ Rutherford, to establish new school district in county of Rutherford County, to establish school district in county of Rutherford County, to create school district in county of Rutherford County, to create school district in _ — Rutherford County f to create school district No. 29 S Salaries, to regulate the business of lending money on Salary, Attorney-General for Williamson County, to increase Salary, City Attorney, Chattanooga, to increase Salary, County Judge Lauderdale County, to increase.. Salary, to fix same for County Judge of Union County Salary, to amend law fixing exemption of Sale, to ratify, of Old Penitentiary property Sale, to regulate weight of cornmeal Scalpers Act, to prohibit sale of non-transferable railroad tickets School building, to authorize Henry County to erect School directors, to authorize conveyance of Cookeville High School School district, to create in town of Allons, Overton County School district, to create in Anderson County School district, to create in Bedford County -.. School district, to create in Wartrace, Bedford County School district, to create in Blount County .._".. School districts, to exempt Overton County from co-extensive school Act School district, to include Town of Elk Valley in school district in Campbell County School District, Carroll County, to create in Sixteenth Civil Dis- trict - _ -v School district, to create in Crockett County in Thirteenth Civil District School district, to create No. 16 in Crockett County School district, to create No. 17 in Crockett County School district, to create No. 18 in Crockett County School district, to create Twenty -sixth in Davidson County School district, to create same in Decatur County School district, to create in Sixth Civil District of Dickson County School district, to create in Dickson County School district, to establish School District No. 17 for Dickson County..- _ ._ School district, to create No. 17 in Dickson County School district, to create No. 19 in Dickson County 204 397 351 . 284 97 98 16 33 ' 51 | 52 i 307 189 < 122 336 ' 151 180 100 587 277 , 109 441 444 451 84 376 262 482 410 396 260 524 285 409 253 356 535 176 317 536 282 226 2S7 543 116 66 467 93 128 281 — 1383 — INDEX. >hool district, to create in Second Civil District of Dyer County.. shool district, to create Lane view College District in Gibson County ___ _ shool district, to establish in Gibson County Central High School. shool district, to create No. 29 in Gibson County otiool district, to create No. 30 in Gibson County chool district, to establish in Twenty-First District of Gibson County chool district, to create No. 32 in Gibson County chool district, to create the Twenty-fourth in Giles county chool district, to create in Greene and Washington Counties Ichool district, to create in Greeae County Ichool district, to create in Greene County Ichool District, Greene County, to create in First Civil District... Ichool district, to create the Twenty-first for Hamilton County... Ichool district, to create No. 9 in couaty of Hardin _ School district, Hawkins County to create Alum Well School district, to create same in Henderson County School district, to create Pur year in Henry County School district, to create special district in Henry County in Eighth Civil District School district, to create in Henry County as No. 17 School district, to create Goodrich in Hickman County School district, to create No. 58 in Hickman County _ School district, to create in Houston County .1 School district, to create No. 19 in Humphreys County School district, to create No. 8 in Jefferson County School district, to create School District No. 15 in Macon County- School District, Macon County, No. 15 School District, Marshall County to create No. 20 School district, to create in Marshall County as No. 19 School district, to create out of parts of Counties of Monroe and McMinn _ _ 8chool District, Moore County, to create Twelfth District School district, to create in Moore County as No. 14 School districts, Moore County, to amend co-extensive Act as to . _ School district, to create in Morgan County School districts, to change school districts of Obion County School district, to create in Obion County School district, to create in Overton County _ School district, to create in Overton County School district, to establish No. 21 in Putnam County School district, to create in Putnam County __ School district, to create in Roane County.. School district, to create No. 21 in Robertson County School district, to establish new district in County of Rutherford. School district, to create special district in Rutherford County School district, to establish same in Rutherford County School district, to create in Rutherford County as No. 29 School district, to create in Ruth erf ord Cou nty School district, to create special district for Sevier County. ._ School district, to create in Smith County School district, to create Maces Hill School District in Smith County _ School district, Sullivan County to create Twenty-third School district, to establish same in Unicoi County _. School district, to establish same at Morrison, in Warren County. School district, to create No. 59 in Warren County 117 168 78 245 243 133 293 386 368 372 275 319 115 209 446 185 273 183 320 292 471 276 314 221 117 314 315 383 378 361 178 526 517 287 634 802 770 778 580 674 252 433 945 389 578 387 653 633 1006 581 445 455 255 667 669 799 405 862 322 677 272 576 421 898 522 1180 184 388 517 1169 521 1178 283 607 166 359 457 956 284 608 122 263 151 323 100 215 180 381 277 583 487 1054 149 320 354 748 201 423 452 951 165 358 167 360 228 457 — 1384 — INDEX. | CHAP. , FAfit School district, to create in Warren County School district, to create same in Washington County School district, to create in Washington and Greene Counties. _. School district, to create in White County ' School district, to create No. 24 in Williamson County I School district, to create school district No. 25 in Williamson County I School district, to create No. 26 in Williamson County ! Sohool District, Williamson County, to create No. 27 | School district, to create same near Bellwood, in Wilson County... School District No. 26, to establish in Wilson County I School District No. 28, to establish in Wilson County __-.' School district, to establish No. 30 in Wilson County | School district, to establish School District No." 32 for Wilson i County _ ..' School districts, to create in Cumberland County | School districts, to create in Decatur County School districts, to amend co-extensive Act as to Dyer County | School districts, to change same in Robertson County i School fund, to authorize Knox County to appropriate for training of teachers _ J School funds, to amend act disposing of surplus in Treasury School funds, to prohibit expenditure for charts, maps, etc., un- less countersigned School funds, to protect in Polk County, arising from school lands School house, to authorize Humboldt to issue bonds to build Schoolhouse, to prohibit buying liquor for another within four miles of School property, to authorize conveyance of Cookeville High School Schools, to amend Act regulating in Lauderdale County Scott County, to create Criminal Court in Scott County, time of holding Chancery Court Scrip and bonds of State, to amend Act funding same Seats, to require dry goods stores, etc., to furnish for female clerks Second Circuit Court, to repeal Act making Probate Judge of Shelby County Judge of _ *_ Second Circuit Court, to repeal Act creating same for Shelby County # Second Judicial Circuit, to fix time of holding Circuit Courts in_ Second Judicial Circuit, to create Criminal Court for Second Judicial Circuit, to provide for holding Circuit Court Second Senatorial District, to attach Greene County to Secretary of State, to keep record of number of automobiles Senatorial districts, to amend Act creating, affecting First, Second, and Third Districts Sequatchie and Van Buren, to amend Act fixing "compensation of Circuit Court Clerks, so as to exclude counties of __ Sevier and Morgan, to change time of holding Circuit Court in counties of Sevier County, of to create special county school district in Sevier County, to authorize issue of bonds for railroad purposes.. Shelby and Tipton Counties, to repeal an Act to change the line between ___ ___ Shelby County, to amend Act establishing county workhouses in._ Shelby County, to require compress companies to provide storage for cotton Shelby County, to authorize issue of bonds for courthouse 389 , m 144 , 305 368 779 270 570 148 319 143 , m 242 m 328 1 663 145 I 3©5 23 1 * 24 I » 182 1 3s* i 94 1 » 488 ; W6 489 1 TO57 454 I ** 189 \ 3£ 114 1 Si 213 44? 64 1* 334 6$ 130 ft£ 422 894 260 Ml 234 4bacco, to authorize bankers to advance money on )bacco, to prevent sale to minors rilgates, to regulate location of__ )llgates, to authorize relocation on turnpikes in Williamson County _ oil gates, to provide for relocation _ owns, to authorize refunding of bonds raction engines, to regulate running of on public highways. .„ rademarks, to provide for registration of respass, to prevent in Haywood County rimble, to incorporate town of _ 'rousdale County fish law *rousdale and Smith, to change the line between the counties of. trustee, to authorize County Courts to supply lost tax books to... 'rustee, to restrict expenditure of school funds 'nil ah om a, to amend charter of town ?ullahoma, to authorize the grant of the use of public highways. tallahoma, to extend corporate limits of town of turnpike companies, to authorize relocation of tollgates in William- son County Turnpike, to create corporation of Mountain City and Roans Creek Turnpike Turnpikes, to regu late con struction in Maury County turnpikes, to authorize appropriation by Davidson County for... Turnpikes, to regulate location of tollgates Turnpikes, to authorize White County to issue bonds for Turn pikes, to provide for relocation of tollgates Turnpikes, to amend Act regulating in Shelby County Turnpikes, to authorize purchase of by Sumner County Turnpikes, to authorize Cocke County to issue bonds to build Turnpikes, to authorize raising of in Shelby County Twelfth Judicial Circuit, to change time of holding Circuit Court in Perry and Decatur counties Twelfth Judicial Circuit, to fix time of holding court in 114 499 463 413 429 410 352 289 352 57 6 2 384 u Unicoi County, to establish school district in county of_. Union County, to enforce education of children Union County, to create criminal court in J^niou County, to fix compensation of financial officer of. Union and Claiborne Counties, to change line between .. Union and Grainger Counties, to change line between... Union and Knox, to change line between counties of United States, to cede strip of land in Memphis to 251 1100 975 879 906 872 747 623 747 121 6 12 800 540 1234 280 602 506 1117 460 962 21 54 252 548 401 833 263 565 76 197 424 896 64 139 395 811 256 557 347 741 540 1234 99 210 534 1227 511 1139 384 ' 800 530 1214 280 602 279 601 129 277 72 159 70 155 464 977 192 396 165 358 483 1040 359 754 84 194 68 153 71 158 186 390 13 37 — 1388 — INDEX. Vaccination, to prevent spread of communicable diseases Van Buren and Warren Counties, to define line between Veterinary surgery, to regulate practice of Viola Taxing District, to create in Warren, Grundy and Coffee Counties Voters, to amend Act providing for registration of, providing for additional Registrars _ . W Wages, to amend law fixing exemption of Wages or salaries, to regulate the business of lending money on Walling, to repeal the charter of the town of 1 Warrants, t o restrict issuance of by school directors i Warren County, to create jury commission _ ' Warren County, to protect game in | Warren County, to create school district < Warren County, to create Viola Taxing District __ I Warren i^ounty, to create School District No. 59 I Warren County, to create school district at Morrison in county of. ' Warren and Van Buren Counties, to define line between | Wartburg, to incorporate town of - j Wartrace, to create school district in Bedford County _ . _ I Washington County, to enable vote on stock law (intended for| Washington County, but "population dodge" does not fit) . Washington County, to create school district ' Washington County, to create school district in county of | Watertown, to amend charter of town of j Watertown, to incorporate Waterworks and lights, to authorize Whiteville to issue bonds for. , Waterworks, gas and light plants, to authorize formation of under! one charter in Lawrence County 1 Waterworks and lights, to authorize Dresden to issue bonds for.., Waterworks, to authorize Bristol to issue bonds for | Waterworks, to authorize Henning to issue bonds for _ Wayne County, to create office of County Judge 1 Wayne County, to authorize appointment of notaries public by Governor I Wayne County, to create special voting places in towns of Flat-i woods and Ashland - • Wayne, Lewis and Lawrence to regulate hunting and fishing in I counties of 1 Weakley County, to repeal stock law ! Weakley County, to repeal fence law _ 1 Weakley County, to abolish District No. 21 j Weakley County, to fix time of holding Circuit Court in ' Webber, Mrs. Ann E. , to accept trust created by_._ j Wells, to regulate drilling, and provide for plugging oil wells ( White County Fence Law ___ , White County, to authorize issue of bonds for turnpikes ' Whiteville, to authorize town to issue bonds for waterworks and lights White County, to create school district Widows of soldiers, to provide pensions for 519 450 78 495 256 376 « 109 I 50 | 64 , 291 I 439 389 I 495 223 I 167 450 I 501 ' 253 | 496 363 144 415 ll 532 j 512 I 493 ■ 490 I 476 470 I 274 1 323 I 212 44 45 207 304 369 379 520 530 532 270 202 579 67S 441 ft 90 431 655 771 :» 11m 12H l» 574 43 — 1389 — INDEX. Williamson and Dickson to change line between counties of Williamson and Maury, to change line between counties of Williamson County, to authorize turnpike companies to relocate toll gates _ __ __. Williamson County, to create School District No. 27 in *_., Williamson County, to create School District No. 26.. _ _ _ Williamson County, to create jury commission Williamson County, to amend Act creating Attorney -General for Williamson County, to create School District No. 24 in county of. Williamson County, to create School District No. 25 in county of. Wilson and Cannon Counties, to change line between Wilson and Cannon, to change line between counties of Wilson and Smith Counties, to change county line between Wilson County, to establish School District No. 30 in county of.. Wilson County, to create special school district in county of Wilson County, to establish School District No. 32 for county of. Wilson County, to establish School District No. 28 __ Wilson County, to establish School District No. 26 Workhouses, to amend Act establishing in Shelby County Written instruments, to amend plea of non est factum on 525 1185 205 429 540 1234 328 * 683 242 516 461 963 441 940 148 319 143 304 35 81 222 456 47 92 182 386 145 306 94 205 23 58 24 60 458 960 73 167 RESOLUTIONS HOUSE RESOLUTIONS. INDEX. Absent members, to direct Speaker to report to Treasurer _._ 58 Anderson, Hon. S. E., to express sorrow at illness of 41 Anderson. Hon. L. E., to express sorrow at illness of 36 Assistant Engrossing* Clerk, to authorize Speaker of House to ap- point one or more 2 Assistant Sergeant- at- Arms, to accompany Committee on Charita- ble Institutions ._ _ 33 Bate, Senator Wm. B. , to express sympathy and loss on death of. 48 Bate, Senator Wm. B. , to appoint committee to draft resolutions on death of 47 Baxter, Hon. Jere, to express sympathy and loss on death of 57 Benham, Hon. Albert, to express sympathy on death of brother . . 55 Bills, to direct chairmen of committees to report bills. 65 Brooks, Hon. T. R. , to extend sympathy on illness of _ 62 Brownlow, Hon. W. P., to extend thanks for Constitutional Manual 28 Bulletin board, to provide for committees of House by Sergeant- at-arms _ _ _ _• 18 Calendar, to direct Clerk of House to prepare _.. 5 Calendar, to hold night sessions of House to prevent congestion of 51 Calhoun, Geo. R., jeweler, to extend thanks for gavel 6 Carson, Hon. T. Bun, to extend sympathy on illness of _ __ __. 49 Capitol building and grounds, committee to investigate lighting of. 43 Chaplain, to authorize Speaker of House to appoint Charitable Institutions, to appoint Assistant Sergeant-at-Arms to accompany committee of -_ 33 Circuit Courts, to direct Judiciary Committee of House to investi- gate congested condition of 29 Clark, Hon. Champ, to extend invitation to address House. 64 Cloak room, to authorize appointment of porter for 19 Cloak room, to direct Superintendent of Capitol to provide for members of House 4 Committees, to direct chairmen to report all bills, etc 65 Code and Supplement, to authorize Secretary of State to furnish six copies to House -._ 16 Code of Tennessee, to direct Sergeant-at-Arms and Clerk to pro- duce copy purchased by Fifty-third General Assembly 35 Committee on Buildings and Grounds, to investigate lighting of Capitol __ 43 Committees, chairmen to announce time and place of meeting be- fore adjournment • __ 13 Committee on Charitable Institutions, to appoint Assistant Ser- geant-at-Arms to accompany 33 Committee on Judiciary, to investigate congested condition of Cir- cuit Courts 29 Committee, Penitentiary Investigating, to have report of printed. 61 Committee, to report resolutions on death of Senator Bate 47 Committee on Rules, to adopt rules until report of 1 Constitutional Manual, to extend thanks to Hon. VV. P. Brownlow for 28 Cox, Hon. James M., to extend sympathy on death of father 50 88 (1393) — 1394 — INDEX. Debate, to prevent questions during except for information Dibrell, Hon. Frank, to extend sympathy in sickness of Doorkeeper, to authorise Speaker of House to appoint Edgefield & Nashville Mfg. Co., to extend thanks for gavel Engrossing Clerk and Assistant, to remain during recess Oavel, to extend thanks to donors for same _. Governor's Message, to authorize Clerk of House to have printed for House Governor's Inaugural Address, to authorize printing of __. Grosvenor, Hon. C. N., to extend invitation to address House.. _ House Bills Nos. 142 and 146, to authorize printing of Inaugural Address of Governor, to provide for printing of Insurance, to ascertain value of and amount of insurance carried on State buildings . Jones, Mr. Y. VV., to express sympathy on death of Journal Clerk, to authorize Speaker of House to appoint Judiciary Committee, to investigate congested condition of Circuit Courts — .._ --- King, Hon. J. N., to express sympathy on death of father _. Latture, Hon. W. E., to provide swearing of as member of House. Lighting Capitol building and grounds, to investigate Lipscomb, Capt. A. A., to express sympathy on illness of - _- Mayo, Hon. T. D., to express sympathy at illness of Message, to authorize Clerk of House to have Governor's Message printed — Morgan, L. W., to express sympathy on death of Night sessions of House, to authorize two night sessions a week.. Oldham. Ike, to authorize pay for services rendered House Owen, Hon. Thos. M., to fix time for address before House Peay, Hon. George W., to extend sympathy on death of brother- i n-la w - Penitentiary Investigating Committee, to order report printed Per diem, to direct Speaker of House to report to Treasurer Porter, Hon. J. D., to express sympathy on death of Porter, to authorize appointment of for cloak room alone Porters, to fix salary of - --■ Porters, to authorize Speaker of House to appoint four or more... Public buildings, to ascertain and report value and amount of in surance carried on ._ ■ Questions, to prevent asking of during debate. _ _-. Reagan, Hon. John H., to express sorrow on death of Richardson, Hon. J. \V., to express sympathy on death of Roster, to direct Clerk of House to prepare. _ Rowland, Hon. Dunbar, to fix time for address before House Rules, to adopt Rules of Fifty-third General Assembly until report of committee Salary of porters, to fix same — Secretary of State, to furnish six copies Code and Supplement to House. Sergeant-at- Arms and Assistant, to remain in charge of House dur- ing recess Sergeant-at- Arms and Clerk directed to produce Code purchased by Fifty-third General Assembly . _ - Sergeant-at- Arms, to provide bulletin board for use of committees of House Speaker, on floor, to prevent questions during debate except for information MO. ! PASS. 52 I 1364 27 i 1255 2 ' 1249 6 1250 44 6 3 39 64 26 39 9 31 2 29 12 37 43 60 38 3 25 51 11 17 31 61 58 63 19 20 9 52 46 21 8 17 1 20 16 40 35 18 52 — 1395 INDEX. State buildings, to ascertain value and amount of insurance car- ried on r Superintendent of Capitol, to provide cloak room for members of House _ ■ Superintendent of Capitol directed to furnish electric light for House __ _ Turrentine, Talton, to authorize pay for services rendered House. Webb, Emmett, to authorize pay for services rendered House Wilson, Hon. W. T., to express sorrow at illness of 32 11 11 41 Wyatt, Robt., to authorize pay for services rendered House I 11 1251 1250 1257 1251 1151 1260 1251 HOUSE JOINT RESOLUTIONS. INDEX. Adjournment, to fix time of Fifty-fourth General Assembly Agricultural Committee, to fix number aud time of sitting Archivests of Alabama and Mississippi, to extend invitation to ad- dress Senate and House _ ... Attorney-General, to provide office for in Capitol __ Attorney-General, to report property vested in University of Ten- nessee to next General Assembly ___ Bate, Hon. William B., to fix time for election of successor of_._ Bate, Senator William B., to express sorrow aud sympathy on death of, and to appoint committee for funeral Board of Health, to provide investigation of Bonner, J. W., to confirm election as Trustee of University of Nash ville Capitol building, to direct Committee on Buildings and Grounds to investigate congestion of _.. Capitol building, to direct Penitentiary Committee to investigate furnishing light from prison for Capitol Commission, to provide office for Attorney-General in Capitol Charitable Institutions, to authorize committee on to investigate crowded condition of Charitable Institutions Committee, to fix number and time of sit- ting. Cheatham, Gen. B. F. , to appoint committee to look into purchase of portrait of .__ Clark, Hon. Champ, to extend thanks for address.. Coal oil, to authorize committee to investigate quality of sold in State _ Committee on Agriculture, to fix number and time of sitting.. _ Committee on Charitable Institutions, to investigate crowded con- dition of _ Committee on Charitable Institutions, to fix number and time of sitting -_ Committee on Inauguration, to defray expenses of Committee on Insurance, to authorize appointment of stenogra pherfor Committee on Insurance, to extend time to make report Committee, Educational, to ratify appointment of Committee on Education and Common Schools, to fix number and time of sitting. _ _ Committee on Penitentiary, to fix number and time of sitting.. Committee on Penitentiary to investigate lighting of Capitol from prison Committee, to arrange funeral of Senator Bate Committee, to appoint to investigate office of Secretary of State Committee, to authorize appointment of to investigate insurance rates !___ Committee to investigate Land Register's office Committee, to investigate quality of illuminating oils sold in State. Committee to investigate State Board of Health Committee, to prepare cases for Confederate flags returned by Con- 65 17 3 67 57 5 34 9 49 6 29 67 13 17 47 56 44 17 13 17 20 31 33 60 17 17 29 34 15 31 18 44 9 50 (1397) — 1398 - INDEX. Comptroller, to draw warrant for Presidential Electors for services Confederate Flags, to appoint committee to prepare cases for those returned by Congress Dam, to authorize Knoxville Power Company to construct across Little Tennessee River Educational Committee, to fix number and time of sitting Educational Investigating Committee, to ratify appointment of. . Electors, Presidential, to provide compensation for Electric light, to direct Penitentiary Committee to investigate fur- nishing of for Capitol Flags, Confederate, to appoint committee to prepare cases for those returned by Congress Frazier, Hon. James B., to fix day for inauguration of Funeral expenses, to pay E. Hyman for decorating Gaut, J. M., to confirm election as Trustee of University of Nash ville -. General Assembly, to fix time of adjournment Governor, to fix date to canvass returns of ._. Governor, to authorize settlement of State line between Tennessee and North Carolina Governor's Inauguration, to defray expenses of _ -- Grosvenor, Hon. Charles, to extend thauks for address Hyman, E., to pay for decorating for funeral of Senator Bate Illuminating oils, to authorize committee to investigate quality of. Inauguration of Governor, to defray expenses of Inauguration, to fix day for Gov. James B. Frazier Insane asylums, to investigate crowded condition of by Charitable Institutions Committee Insurance, to appoint committee to investigate Insurance Committee, .to authorize appointment of stenographer for Insurance Committee, to extend time to make report Investigating Committees, to fix number and time of sitting of each Investigating Committees, to direct investigation as to reduction in force of officers of State Government Joint Inaugural Committee, to direct payment of expenses of Junketing Committees, to fix number and time of sitting of each. Knoxville Power Company, to grant right to dam Little Tennessee River Land Register, to appoint committee to investigate office of Lee, Gen. Stephen D., to extend invitation to address Assembly- Lee, Gen. Stephen D., to extend thanks for address Lindsey, Judge Ben B., to extend invitation to address Assembly Lindsey, Judge B. B., to extend thanks for able address Little Tennessee River, to grant right to Knoxville Power Corn- pan y to dam - Montgomery County, to extend time for paying taxes in... . Office force, to direct investigation as to reduction of at Capitol . Organization of Senate and House, to appoint committee to notify Governor of Owen, Hon. Thomas M., to extend invitation to address Senate and House -_ Owen, Hon. Thomas M., to extend thanks for address delivered/.. Penitentiary Committee, to fix number and time of sittings Penitentiary Committee, to investigate furnishing of light for Capitol from prison Portrait, to appoint committee to ascertain price asked for that of Gen. B. F. Cheatham _ HO. ' PAGE, i 11 J 1276 i 50 I 1291 40 j 1287 17 I 1278 60 1293 11 I 1276 29 1281 50 1291 4 1272 36 12S4 49 | 1291 65 ; 1295 10 | 1273 38 20 61 36 44 20 4 13 31 31 33 17 24 20 17 40 18 45 46 28 25 40 39 24 3 12 17 29 47 — 1399 — INDEX. Postage, to appropriate $5 to each member for „__ Presidential Electors, to provide compensation for Public buildings and grounds, to direct committee of to investi- gate congestion of Capitol Recess, to fix time of Returns, to fix date to canvass for Governor.. Rowland, Hon. Dunbar, to extend invitation to address Senate and House -_ _ Rowland, Hon. Dunbar, to extend thanks for address delivered... Secretary of State, to appoint committee to investigate office of.. Secretary of State, to send copy of resolution to each member of World's Fair Commission expressing thanks for services ren- dered _ _ Senator of United States, to fix day for election of to succeed Hon. William B. Bate • _ Stamps, to appropriate $5 to each member for _ State Board of Health, to provide for investigation of office of State Capitol, to direct investigation as to reduction in office force of _ State Government, to direct investigation of reduction of office force at Capitol State line, to authorize Governor to settle between Tennessee and North Carolina _ Taxes, to extend time for paying in Montgomery County Tennessee and North Carolina, to authorize Governor to settle line between Tennessee World's Fair Commission, to extend thanks for services rendered Thruston, G. P., to confirm election as Trustee of University of Nashville Tobacco growers, to suspend costs, fines, etc., on taxes and extend time for payment in Montgomery County Trustees of University of Nashville, to confirm election of _._ United States Senator, to fix time for election of successor of Hon. William B. Bate University of Nashville, to confirm election of Trustees of___ University of Tennessee, to direct Attorney-General to report prop- erty belonging to, to next General Assembly World's Fair Commission, to extend thanks for services rendered. 7 11 6 16 10 3 12 15 41 127* 1276 1273 12*7 n 1275 127 X 1270 1277* 1280 5 7 9 1272 1274 1275 24 1280 24 1280 38 39 1284 1286 38 1284 41 1288 49 1291 39 49 1286 1291 5 49 1272 1291 57 41 1293 1288 SENATE RESOLUTIONS. INDEX. Assault, to order arrest of W. H. Hartford and brought before bar of Senate for Assistant Clerk to prepare roster _. Assistant Engrossing Clerk, to authorize appointment of Attorney-General, to render opinion as to succession of Speaker of Senate to Governor. Bate, Senator William B., to express sympathy on death of Beackin, Dock, to authorize pay for services rendered as porter- . . Belmont College, to accept invitation to visit Berry, W. W., to confirm appointment as Trustee of Tennessee School for the Blind __ 1 Brownlow, Hon. W. P., to extend thanks for Constitution, Rules, and Manual ___ _. Brushy Mountain, to direct keeping of separate accounts of, and Main Prison Buford, Martin, to authorize pay for services as porter Codes, to authorize Secretary of State to purchase for use of Sen- ators _ Codes, in regard to purchase of by Secretary of State for use__. Codes, to revoke purchase of for use of Senators Collier, Wm., to ratify appointment as Commissioner of Watkins Institute Committee of Senate, to investigate assault upon Hon. Thad. Pope. Committee of Senate, to accept invitation to visit Belmont College Committee of Senate, to draft public road law Committee, Penitentiary Investigating, to extend further time to. Comptroller, to keep separate accounts of Brushy Mountain and Main Prison "Constitution, Rules, and Manual," to extend thanks to Hon. W. P. Brownlow for Courts, in regard to introduction of bills relieving congestion of._ Cox, Hon. John I., to express thanks for courtesy and fairness while presiding as Speaker of Senate Dibrell, Hon. Frank, to express sympathy at illness of Doorkeeper, to authorize appointment of Engrossing Clerk, to authorize §ergeant-at-Arms to purchase desk, etc., for _• ___ __ Governor, to direct Attorney-General to render opinion as to suc- cession of Speaker of Senate to Hartford, W. H., to order arrest and presented at bar of Senate. _ Hartford, W. H.. to appoint committee to investigate assault upon Hon. Thad. Pope by Investigating Committee of Penitentiary, to extend further time. Judges, in regard to introduction of bills to relieve congestion of courts Kane, W. S., to extend thanks for fairness in reporting proceed- ings of Senate to press Lea, Overton, to confirm appointment as Trustee for Tennessee School for the Blind Lighting Capitol building, to investigate by Superintendent of Capitol and Committee on Buildings and Grounds 43 5 1 31 26 23 16 37 44 28 4 13 10 34 42 16 17 25 44 0 14 33 11 2 29 31 43 42 25 14 45 37 21 (1401) 1402 INDEX. Martin, Sylvanus, to authorize pay for services rendered as porter. Martin, Sylvanus, to authorize pay for services during recess as porter Ogilvie, W. W., to confirm election of as Trustee of University of Tennessee Penitentiary Investigating Committee, to authorize Sergeant-at- Arms to accompany - Penitentiary, to extend committee further time to investigate Per Diem, to relinquish for absence unless excused by Speaker... Polk, Leonidas, to extend thanks for fairness in reporting proceed ings of Senate to press _ Pope, Hon. Thad., to appoint committee to investigate assault upon Porters of Senate, to authorize pay for services rendered Press, to extend thanks to representatives of for fairness in report- ing proceedings of Senate Prison, to direct keeping of separate accounts of operations of, and Brushy Mountain Public Buildings and Grounds, to investigate lighting of Capitol building _ __ Public Road Law, to appoint committee to draft Rankin, T. R.T to extend thanks for fairness in reporting proceed ings of Senate to press . Reagan, Judge John H., to express loss and sympathy on death of Reporters of the press, to extend thanks for courteous and uniform reports of proceedings of Senate Rhea. John L., to confirm election of as Trustee of University of Tennessee L___ Roads, to appoint committee to draft general road law Roster, to direct Assistant Clerk to prepare Secretary of State, to purchase Codes for use of Senators Secretary of State, in regard to purchase of Shannon's Code Secretary of State, to revoke purchase of Code for use of Senators. Senators, to relinquish per diem for absence unless excused by Speaker Sergeant-at-Arms, to order arrest of W. H. Hartford for assault, and brought before bar of Senate by Sergeant-at-Arms, to procure $5 in stamps for use of Senators Sergeant-at-Arms, to accompany Penitentiary Investigating Com- mittee _._ ^__ Sergeant-at-Arms, to purchase desk, etc., for Engrossing Clerk... Shannon's Code, to authorize Secretary of State to purchase for use of Senators. Stamps, to appropriate $5 in for use of each Senator Shannon's Code, to revoke purchase of for use of Senators Shannon's Code, in regard to purchase of by Secretary of State for use of Senators _ Speaker of Senate, to authorize election of to succeed Hon. John I. Cox... _ _ Speaker of Senate, to direct Attorney -General to render opinion as to succession of to Governor -. Superintendent of Capitol and Committee on Buildings and Grounds, to investigate lighting of Capitol Tatum, W. C, to confirm election as Trustee of University of Ten- nessee _ _ Tennessee School for the Blind, to ratify appointment of Overton Lea and W. W. Berry as Trustees of Thruston, G. P., to ratify appointment as Commissioner of Wat- kins Institute __ _ .._ 27 40 18 25 38 1305 1307 1311 1304 1306 1311 45 1314 42 J 1312 23 1305 1314 1313 45 44 21 17 45 24 1304 1304 1314 1305 45 1314 40 17 5 1311 1304 1300 4 | 1299 13 | 1301 10 , 1300 I 38 | 1311 43 1313 6 I 1300 18 | 1304 29 I 1308 4 I 6 10 13 32 31 21 40 37 34 1299 1300 1300 1301 1309 1306 1301 13U 1311 1310 1403 — INDEX. Town send, Miss Pauline, to accept invitation to visit Belmont Col- lege Treasurer, to keep separate accounts of Brushy Mountain and Main Prison _._ Trustees, to confirm election of J. L. Rhea, W. W. Ogilvie, and W. C. Tatum as, for University of Tennessee Trustees, to ratify appointment of Overton Lea and W. W. Berry as, for Tennessee Blind School University of Tennessee, to confirm election of J. L. Rhea, W. W. Ogilvie, and W. C. Tatum as Trustees of Watkins Institute, to ratify appointment of G. P. Thruston and Wm. Collier as Commissioners of "Wilson, J. R., to extend thanks for fairness in reporting' proceed- ings of Senate to press 16 1302 44 1313 40 1311 37 1311 40 1311 34 1310 45 1314 SENATE JOINT RESOLUTIONS. INDEX. Accountant, to authorize appointment of by Penitentiary Commit- tee , to provide appropriate funeral of_ deceased, to fix time for election of sue- Bate, Senator William B Bate, Senator William B. cessor__ Bonner, J. W., to confirm election of as Trustee of University of Nashville _._ Committee of Funeral Arrangements, to provide for Senator Will- iam B. Bate Committee, to investigate insurance and telephone rates, to sit during recess Committee, Penitentiary Investigating, to authorize appointment of expert accountant for Committee to investigate telephone rates, etc Committee, to ascertain cost of desks, etc. , for Senate and House Committee, to investigate offices of Comptroller and Treasurer Comptroller, to appoint committee to investigate office of Comptroller, to fix time for election of Constitution, to favor amendment of, electing United States Sen- ators by popular vote Cotton Growers' Convention, to endorse efforts of Cumberland Telephone and Telegraph Company, to appoint com- mittee to investigate rates of -_ Davidson County, to grant right of way to, across State property by Prison Commissioners Desks, to appoint committee to ascertain cost of for Senate and House _ _ Election, to fix time of for State officers Funeral, to provide appropriate ceremony for Senator William B, Bate * Furniture, to appoint committee to ascertain cost of for Senate and House -__ _._ Oaut, J. M., to confirm election of as Trustee of University of Nash ville _._ Insurance and Telephone Committees, to prosecute investigation during recess ___ Penitentiary Investigating Committee, to authorize appointment of expert accountant for Prison Commissioners, to grant right of way to Davidson County across State property Prison property, to grant right of way across, to Davidson County by Prison Commissioners Secretary of State, to fix time for election of Senator for United States, to fix time for election of to succeed Senator Bate, deceased Senator of United States, to favor amendment to Constitution elect- ing by popular vote State officers, to fix time for election of _ State of Tennessee, to grant right of way across State property to Davidson County 10 17 19 25 17 12 10 5 4 1 1 21 15 7 5 33 4 21 17 4 25 12 10 33 33 21 19 15 21 33 (1405) — 1406 — INDEX. Stenographer, to authorise employment of for Telephone Investi gating Committee Telephone Investigation Committee, to employ stenographer Telephone and Insurance Committees, to prosecute investigation during recess - Telephones, to appoint committee to investigate rates of, etc. . . Thruston, G. P., to confirm election of as Trustee of University of Nashville - Treasurer, to appoint committee to investigate office of .'. Treasurer, to fix time for election of Trustees of University of Nashville, to confirm election of G. P Thruston, J. W. Bonner, and J. M. Gaut United States Senator, to fix time for election of to succeed Sen- ator Bate, deceased United States Senators, to favor adoption of amendment to Con stitution to elect hy popular vote University of Nashville, to confirm election of G. P. Thruston, J, W. Bonner, and J. M. Gaut, Trustees of 14 14 1320 1320 12 5 1320 1318 25 1 21 1324 1317 1324 25 1324 19 1323 15 1321 25 1324 ERRATA. Chapter 31, page 76, "under," in line seven, should be "render." Chapter 106, Sec. 8, lines two and seven, the word "fire" should be "five." Index to county line changes between Shelby and Tipton, repeal- ing Sec. 8 of Chapter 60, Acts 1868, should be indexed "Camp- bell and Anderson," as said Sec. 8 of Chapter 60, Acts 1868, refers to the last named counties, the caption being misleading. Chapter 157, page 346, Sec. 2, in line two, the word "year" appears in original bill as introduced after the word "each," but is omitted from the enrolled bill. And in line six, same section, the word "tax" should follow the word "which," both appearing in the bill as introduced in the House, but not in the enrolled bill as signed by Speakers and Governor. 1 1254 i