Failure of the corporation or its employees to make such report within thirty days after the termination of any quarter of the year a misdemeanor. Fine, $50 to $100, and each day after the said thirty days have expired shall be deemed a separate

offense.

Chapter 120, p. 168, approved May 15, 1897, amends the law above passed at the same session and approved April 30, 1897. The phraseology is changed without changing the essential character of the law, but in article 5243k there is an important change. Instead of the tax of 10 cents for every 100 miles on each dining or sleeping car the tax imposed is 24 per cent of their gross receipts from all of their passenger travel originating in and ending in this State. This tax to be in addition to that now levied by law. The penalty for failing to report is changed from $50 to $100 to $60 to $100, and $25 additional shall be forfeited for each day in which said report and the payment of the tax is delayed.

Perjury (chap. 107, p. 146).-Amends article 207, chapter 1, title 8 of the Penal Code so as to read:

ART. 207. The crime of perjury, except as in cases provided for in article 208 of the Penal Code, shall be punished by imprisonment in the penitentiary for a term not more than ten years nor less than two years.

NOTE. The only change is, "except as in cases provided for in article 208 of the Penal Code." Assessors and national banks (chap. 112, p. 157).-Requires the president, vice-president, or cashier of national banks to furnish the tax assessor or his deputy with a sworn statement showing the names of the shareholders, the amount of stock owned by them, their place of residence if known, the amount of notes issued by such bank, the amount of money on hand or in transit, the amount of indebtedness of such bank, and the amount of paper evidencing indebtedness acquired by such bank either at par or at a discount. Failure to furnish such a statement a misdemeanor. Penalty, fine $100 to $1,000 and confinement in jail from ten to thirty days.

Immoral publications (chap. 116, p. 160).-The law is as follows:

SEC. 1. Every person or persons who shall, within this State, engage in the business of editing, publishing, or disseminating any newspaper, pamphlet, magazine, or any printed paper devoted mainly to the publication of scandals, whoring, lechery, assignations, intrigues between men and women, and immoral conduct of persons; or any person or persons who shall knowingly have in his or her possession for sale, or shall keep for sale or distribute, or in any way assist in the sale, or shall gratuitously distribute or give away any such newspaper, pamphlet, magazine, or printed paper in this State shall be deemed guilty of a felony, and on conviction thereof shall be punished by imprisonment in the penitentiary for a term of not less than two nor more than five years.

NOTE.-The Penal Code, 365, made the penalty for indecent publication a fine not exceeding $100. Scab disease among sheep (chap. 125, p. 179).—Section 1 makes it unlawful to import into the State or to move from one county to another any flock of sheep in which one or more of those animals are infected with scab. Violation, a misdemeanor: Penalty, $200 for each offense.

NOTE.-Former penalty act of December 28, 1861, for bringing infected sheep into the State, $500 to $5,000, and act of April 23, 1893, the same.

SEC. 2. Any person having knowledge of the existence of scab on sheep owned by him or in his charge who shall fail or refuse to dip in some preparation known to be effectual in curing scab all flocks of sheep in which one or more such animals are infected within twenty days after such knowledge or notice has been received shall be guilty of a misdemeanor: Penalty, $100 to $200. Every successive twenty days a failure to dip such sheep shall be considered a separate offense.

NOTE.-Former penalty, not less than $50 nor more than $200.

SEC. 4. Any person refusing to permit the examination provided for in section 3 of this act shall be guilty of a misdemeanor: Penalty, fine of $100 to $200.

NOTE.-Former penalty, $100 to $500.

Glanders in horses and mules (chap. 150, p. 216).-Section 1 forbids any person. to trade or sell any animal of the horse or ass species known or suspected to be affected with glanders: $15 to $100 or imprisonment in county jail ten to ninety days.

Pool and billiard tables (chap. 154, p. 221).-SEC. 1. Any person, firm, or corporation engaged in running any pool or billiard table or tables in a public place or for profit, or agent of such person, firm, or corporation, who shall knowingly permit

any minor, without the written consent of such minor's parent or guardian, in such place of business shall be fined not exceeding $200.

NOTE.-New as to minors. "Pool" was made illegal by act of March 26, 1887, with fine of $25 to $100 and imprisonment from ten to ninety days.

A board of plumbers (chap. 163, p. 236).—Requires cities to provide for a board of plumbers, to be known as the examining and supervising board of plumbers. Said board to consist of a member of the local board of health, the city engineer, the chief plumbing inspector, a master plumber of not less than ten years, continuous business experience, and a journeyman plumber of not less than five years' active, continuous, practical experience. The mayor and the local board of health shall make said appointment.

SEC. 2. The board shall examine all persons now engaged in the business of plumbing, whether as a master plumber, employing plumber, or journeyman plumber in their respective cities, and to all persons who hereafter may wish to engage in the business of plumbing they shall issue licenses and keep a record of the same.

SEC. 6. Any person working at or conducting the business of plumbing without license, as provided in this act, shall be guilty of a misdemeanor: Penalty $5 to $250. State text-book board (chap. 164, p. 238, approved June 10, 1897).-Creates a State text-book board to procure for use in the public free schools of the State a series of uniform text-books. The State board of education, together with the State superintendent of public instruction, the president of the Sam Houston Normal Institute, and the attorney-general, shall constitute such board.

Describes the duties of said board.

SEC. 11. Any teacher or trustee who shall violate the provisions of this act shall be deemed guilty of a misdemeanor: Fine, $10 to $50 for each offense, and every day of such violation shall be considered a separate offense.

Section 16 states the motive of the act. The fact that many publishers of school text-books have entered into conspiracies and combinations against competition, rendering it impossible to procure school books at fair and reasonable prices, and the further fact that the people of this State are being put to great and unnecessary expense by constant changes of the text-books to an extent that is rapidly destroying the efficiency of our public school system.

Fees and compensation of various officers (chap. 5, p. 5, approved June 16, 1897, to take effect December 1, 1897).—A law prescribing the fees to be charged by certain county and precinct officers, and to fix and limit the fees and compensation of clerks of the district court, district attorneys, county attorneys, sheriffs, and constables in felony cases, to be paid by the State, and to fix the compensation of assessors and collectors of taxes, sheriffs, and various other officers.

SEC. 14. Any officer named in section 10 of this act and also the sheriff who shall fail to charge up the fees or costs that may be due under existing laws or shall fail to make the report required in section 11 of this act or who shall pay his deputy or assistant a less sum than the amount specified in his sworn statement or receive back any part of such compensation allowed such deputy or assistant as a rebate shall be deemed guilty of a misdemeanor: Penalty, $25 to $500.

SEC. 21. Any district clerk who shall issue any attachment or subpoena for any witness except upon an order of court or upon the written application signed and sworn to by the defendant or State's counsel stating that such witness is believed to be a material witness shall be deemed guilty of a misdemeanor: Penalty, $25 to $500.

Mob violence (chap. 13, p. 40, approved June 19, 1897).-Section 1 enacts that "whenever two or more persons shall combine together for the purpose of mob violence, and in pursuance of said combination shall unlawfully and willfully take the life of any reasonable creature in being by such violence, such person shall be deemed guilty of murder by mob violence, and upon conviction thereof shall be punished by death or confinement in the penitentiary for life, or according to the degree of murder to be found by the jury; provided, nothing in this section shall be so construed as to in any way affect the law in regard to manslaughter as defined in chapter 14, title 15, of the penal code of the State of Texas.

Section 2 relates to the prosecution of such offenses.

Section 3 declares that officers permitting any person in their custody charged with crime to be killed by one or more persons shall be deemed guilty of misconduct and removed from office; and the custody of a deputy shall be the custody of his principai. Proceedings for the removal of said officers shall be conducted by the attorney-general or under his direction in the name of the State, and shall be commenced by filing in the district court of the proper county a petition addressed to the judge of the court setting forth the grounds of removal.

Sections 4, 5, and 6 relate further to procedure of removal.

Section 8 gives the motive of the bill, "the fact that there is no adequate law in this State for the suppression of mob violence."

Intoxicating liquor-Cold storage and local option (chap. 99, p. 128).-Section 1 defines cold storage as any house, room, tent, or any other place run, kept, or maintained for the purpose of storing or keeping cold any intoxicating liquor for others, whether for pay or otherwise, or any place where the owner or his agent may take orders for intoxicating liquor. Forbids any such cold storage within the limits of any county, precinct, city, town, or subdivision of a county which has or may hereafter at a legal election held for that purpose adopt the local option law. Violation, misdemeanor: Penalty, $100 to $500, and in addition thereto shall be imprisoned in the county jail from twenty-five to one hundred days.

The act does not prohibit the storing of intoxicating liquors in unbroken packages by manufacturers or wholesale dealers in such local option places which may be there stored for distribution in unbroken packages to dealers outside of local option districts nor does it prohibit brewers from storing their own products to be distributed in unbroken packages to dealers living outside of local option territory.

Intoxicating liquors to minors (chap. 32, p. 30, approved March 22, 1897).— Amends chapter 6, article 400, of the penal code of the Revised Statutes of the State of Texas, relating to the sale or gift of intoxicating liquors to minors, to read as follows:

Any person who shall knowingly sell or give or cause to be sold or given or shall procure or caused to be procured for delivery any spirituous, vinous, or intoxicating liquor to any other person under the age of 21 years, without the written consent of the parent or guardian of such minor, or some one standing in their place or stead, shall be fined not less than $25 nor more than $100.

NOTE.-Inserts the words "shall procure or cause to be procured for delivery."

GAME LAWS.

Fish, birds, game (chap. 98, p. 125).-Amends various sections of the revised penal code of 1895 in relation to the protection of fish, birds, and game.

Article 529d as amended requires persons engaged in the business of fishing or catching green turtle or terrapin to be licensed. Violation, misdemeanor: Fine $10 to $250.

Article 529g changes the boundaries of fishing grounds: Penalty for violation unchanged, namely, $25 to $200.

Two new articles are added, namely, articles 529s and 529t. Article 529s makes it unlawful to gather oysters from the public reefs or beds of the State for sale without having procured a license from the fish and oyster commissioner or his deputy. Violation, misdemeanor: Penalty, $10 to $250.

Article 529 declares it unlawful for any person gathering oysters for planting to sell or dispose of oysters so gathered at the time of gathering for any other purpose than planting. Violation, misdemeanor: Penalty, $50 to $500.

Other articles are slightly amended.

Nets, seines, etc. (chap. 148, p. 213).-Forbids the use of certain devices, such as seines, drag nets, fykes, etc., for catching fish, green turtle, loggerhead, terrapin, or shrimp, in any of the bays or navigable waters of the State within the limits or within 1 mile of the limits of any city or town in the State. Violation, misdemeanor: Penalty, $25 to $200.

Protection of wild game (chap. 149, p. 214, approved May 27, 1897).-Protects the wild game birds and wild fowl of the State and forbids the sale or shipment of the same. Violation, misdemeanor: Penalty, $10 to $100.

This does not prevent the sale or purchase of game in the county where it was killed or taken, nor the sale or shipment of wild ducks and geese.

SEC. 3. The netting of quail and partridges at any season of the year is prohibited. Violation, misdemeanor: Fine, $10 to $100.

SEC. 4. It is made unlawful to destroy wild geese or wild ducks by any other means than by an ordinary gun, capable of heing held to and shot from the shoulder. Violation, misdemeanor: Penalty, $10 to $100.

SEC. 5. Unlawful to kill any wild, English, or Mongolian pheasants or antelope for the space of five years after this act takes effect. Violation, misdemeanor: Penalty, $10 to $100.

Section 6 establishes a close season for deer, forbids their being hunted by hunting

lamp at night, or to ensnare them; also establishes close season for various birds. Violation, misdemeanor: Fine, $10 to $100.

SEC. 7. It is made unlawful for any express company, railroad company, or common carrier to transport beyond the limits of the State animals or birds or water fowl mentioned in section 1. Violation, misdemeanor: Penalty, $25 to $200.

NOTE. This is a general law with more uniform penalties.

Fish (chap. 153, p. 219).—Section 1 forbids the killing of fish by means of nets, traps, poison, or dynamite, or in any other manner than with the ordinary hook and line, or trot line, in any of the fresh waters, lakes, and streams of this State. Violation, misdemeanor: Fine, $25 to $100. Minnows may be taken for bait by nets, but not by poison or dynamite.

SEC. 2. It shall be unlawful for any person to sell or offer to sell or ship any game fish, including white perch, trout, or bass, taken from any of the fresh waters, lakes, and streams of this State. Violation, misdemeanor: Penalty, $25 to $100. Then follows a list of 238 counties which are exempted from the operation of section 2 of this act, and in five counties the exemption applies except from February to June, inclusive.

ROAD LAWS.

Rains County (chap. 35, p. 32).—An act to create a more efficient road system for Rains County.

This act is based on previous laws. A road commissioner is substituted for a road superintendent, to be appointed by the commissioners' court.

Section 3 provides, as before, that county convicts not otherwise employed may labor upon the public roads, and each convict receives, as before, a credit of 50 cents on his fine and costs, but a new feature of section 3 is that the commissioners' court may provide such a reward, not to exceed $25, to be paid from road funds, for the capture and delivery of any escaped convict, to be paid to any person other than the guard or person in charge of such convict at the time of his escape. The commissioners' court may grant a reasonable commutation of time for which a convict is committed as reward for faithful services and good behavior, in no case to exceed one-eighth of the whole time: And provided further, In case of such commutation the losses shall be prorated on the fines and the cost.

NOTE. The provisions for the care of convicts follow closely existing statutes. The commissioners' court may provide the necessary houses, prisons, clothing, bedding, food, and guards, etc., provided it shall not be deemed necessary to provide additional prisons while such convicts can be successfully employed within reach of the county jail.

SEC. 10. A person legally summoned to work upon the road failing to attend or provide a competent substitute or to furnish team or tools, or, having attended, failed to perform good service, shall be deemed guilty of a misdemeanor: Penalty, from $10 to $25.

NOTE.-Section 10 is new. Revised Statutes, 4783, declares that persons liable to road duty failing to perform it "shall satisfy the fine and costs as in other misdemeanor convictions." Penal Code, 486, fine not less than $10 nor more than $50.

Wise County (chap. 56, p. 54).—An act to create a more efficient road system for Wise County. Makes the county commissioners ex officio road commissioners. Prescribes their duties as such and provides for the appointment of road overseers.

SEC. 8. Refusal of persons liable to work upon the public roads, or failure to furnish a substitute or to pay overseer $1 a day for each day summoned to work, a misdemeanor: Penalty, fine not more than $10.

SEC. 9. Overseers failing to comply with law, misdemeanor: Penalty, $10 to $25. McLennan County (chap. 60, p. 60).-A similar law to those above in general provisions, and the misdemeanors and penalties are the same as that in Wise County above.

Hopkins County (chap. 73, p. 87). Similar in scope, but varying in details from laws mentioned above. Penalty substantially the same. A new feature, however, as compared with the laws above, but found in act of April 20, 1893, is section 14, requiring owners to trim hedges within a reasonable time after notification by the road overseers. Violation, a misdemeanor: Penalty, not exceeding $20 per week from and after the time of the receipt of such notice.

And the road overseer may cause the same to be trimmed, to be paid for out of the road and bridge fund of the county.

Ellis County (chap. 110, p. 150).-An act similar to the one above last cited, with similar penalties.

Milam County (chap. 119, p. 162).—In provisions and penalties similar to the laws above.

Calhoun County (chap. 123, p. 174).—Act similar to those above. No penalty, however, is prescribed for failure of persons to perform road duty. And the penalty for overseers failing to perform duty is $10 to $100 instead of $10 to 25.

Parker County (chap. 159, p. 227).—An act to create a more efficient road system for Parker County. A law similar to those above, with the same penalties.

UTAH.

1897 and 1898.

Revision of the code.-A commission, authorized by the legislature, and appointed by the governor, to revise, codify, and annotate the laws of the State entered upon its duties in April, 1896, and in January, 1897, submitted its revision in the form of a printed bill, ready for enactment. The bill was enacted substantially as prepared, to take effect of January 1, 1898. The revised statutes, including the constitution of the State and of the United States, and the index, constitute a large volume of 1,224 pages.

The following is an analysis, prepared by the code commissioners, of the most important changes in the penal code.

Felony and misdemeanor defined.-SEC. 4063. A felony is a crime which is or may be punishable with death or by imprisonment in the State prison. Every other crime is a misdemeanor.

Penalty for felony.-SEC. 4064. Except in cases where a different punishment is prescribed by law, every offense declared to be a felony is punishable by imprisonment in the State prison not exceeding five years.

NOTE. This is followed in same section by statement that corporation convicted of felony subject to a fine "of not less than $500 and not more than $10,000."

Penalty for misdemeanors.—SEc. 4065. Except in cases where a different punishment is prescribed by law, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months or by fine in any sum less than $300, or both.

There is an habitual criminal statute (R. S. 4067) for whoever has been previously twice convicted of crime, sentenced, and committed to prison in this or any other State, or once in this, or once at least in any other State for terms of not less than three years each, shall upon conviction of a felony committed in this State, other than murder in the first or second degree, be deemed to be an habitual criminal and shall be punished in the State prison for not less than fifteen years.

Preliminary provisions.-Section 4053, subdivision 4: The words "or an intent to do a wrongful act" are added to the definition of malice.

Section 4056: A new section providing that the power of impeachment, removal, deposition, or suspension shall not be affected by the omission to specify or affirm the same in the penal code.

Section 4064: A new provision that where a corporation is convicted of an offense which, if committed by a natural person would be a felony, and no other punishment is prescribed by law, such corporation is punishable by a fine of not less than $500 nor more than $10,000.

Section 5065 provides that corporate misdemeanors shall be punishable by a fine not exceeding $1,000 in the absence of other provisions.

Section 4066 provides that conviction of a public officer for official misconduct shall involve, in addition to the prescribed penalty, a forfeiture of office and a permanent disqualification from afterwards holding any public office in the State.

Parties to crime.-Section 4076 enlarges the maximum limit of punishment for an accessory to crime. Except in cases where a different punishment is prescribed, an accessory is punishable by imprisonment in the State prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding $5,000, or by both fine and imprisonment.

Crimes against the executive power.-Section 4080 provides that asking or receiving bribes by a person holding an executive office shall be a felony instead of a misdemeanor, as heretofore provided.