mission are hereby vested with the power to summon before them any person or persons, call for any books, administer oaths, 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 summons to any county in the State to be executed by the sheriff thereof. Any person called on to testify 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 $100.00 and thirty days in jail. Sec. 4. Be it further enacted: That upon examination of every such schedule and statement and all other evidence taken by them, the said Railroad Commission shall proceed to ascertain and determine the value of said property within the State for taxation and assess the same accordingly, taking into consideration the capital stock, corporate property, franchises and gross receipts, the market value of the shares of stock and bonded indebtedness, and such other evidence as is afforded by said statements and schedules or other evidence taken to enable them to fairly and equitably fix the actual cash value of the properties of such persons. Sec. 5. Be it further enacted: It is hereby declared that the proportionate share of the value of the intangible property of such companies as do business in this and other States, growing out of the use of their tangible property in this State under their franchises, privileges and contracts, shall have its situs in this State and in the several counties and municipalities thereof in which they exercise their rights, provided that property of any such owner located outside of the State which is not directly used in the business to which the property in the State is devoted, shall not enter into the value of the property within the State to be assessed. Sec. 6. Be it further enacted: * That the franchises, choses in action, intangible property and personal property within the State, but having no actual situs therein, of each company to be assessed under this Act, and, in addition thereto, * * (e) the pipe line or lines of pipe line companies, shall be known as distributable property, and shall be valued separately from the other property of said companies, respectively; after ascertaining the value of such distributable property wherever situated within the State, and after having deducted from its value one thousand dollars, the Railroad Commission shall divide the remainder * * * by the total number of miles and length of pipe lines in the case of pipe line companies, and the result thereof shall be the value per mile of such distributable property of said companies, respectively, for the purpose of assessment and taxation, and the value per mile of such distributable 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 distributable property for State purposes, and the value per mile so ascertained shall be multiplied by the number of miles in each county or incorporated town or city, and the product thereof shall be that amount to be assessed against such distributable property for said counties and incorporated towns. * * Sec. 16. Be it further enacted: That if at any time it shall appear to the satisfaction of the Governor of Tennessee that any * * *pipe line company, or other company, whose property is assessable under this Act, is inadequately assessed, or that its 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 Railroad Commission to make the proper assessment and they shall have the power to do so, and their assessment shall go to the Board of Equalization as upon appeal upon the records, as it is provided in cases of assessment in the first instance. * * * neither the Comptroller of the Treaury nor any other officer than said Railroad Commission shall have the power or authority to back-assess or assess any company assessed under this Act. * pipe line * * gas * * * STORING, DEALING IN, AND TRANSPORTING OIL AND GAS. LEASING AND PROSPECTING FOR GAS. LAWS 1915, P. 225. MARCH 31, 1915. CHAPTER 144. AN ACT to amend Title 25, Chapter 2, Article 1121, subdivision 16, Revised Statutes of Texas, 1911, providing for the creation of private corporations for the establishment and maintenance of oil companies with authority to contract for, lease and purchase; of the right to prospect for, develop and use coal and other minerals; by adding thereto the right to contract for the lease and purchase, of the right to prospect for, develop and use gas; and declaring an emergency. Be it enacted, etc.: Sec. 1. That Article 1121, Subdivision 16, of Title 25, Chapter 2, of the Revised Statutes of the State of Texas, 1911, be amended so as to hereafter read as follows: "For the establishment and maintenance of oil companies with the authority to contract for the lease and purchase of the right to prospect for, develop and use coal and other minerals, petroleum and gas; also the right to erect, build and own all necessary oil tanks, cars and pipes necessary for the operation of the business of same." Sec. 2. All private corporations heretofore created under the provisions of Subdivision. 16, Article 1121, Chapter 2, Title 25, Revised Statutes of Texas of 1911, shall, in addition to the powers therein enumerated, have the power to contract for the lease and purchase of the right to prospect for, develop and use gas; also erect, build and own all necessary oil tanks, cars and pipes necessary for the operation of the business of same. Sec. 3. The fact that there is no authority for the creation of corporations to contract for the lease and purchase of right to prospect for, develop and use gas creates an emergency and an imperative public necessity that the constitutional rule requiring that bills be read on three several days be suspended, and said rule is hereby suspended and that this Act take effect and be in force from and after its passage, and it is so enacted. NOTE: Sections 1 and 2 of this act are parts of Article 1121, Vernon's Texas Civil & Criminal Statutes, 1918 Supplement. IMPOUNDING SALT WATER. LAWS 1918, P. 122. CHAPTER 49. APRIL 2, 1918. AN ACT to provide for the creation of corporations to prevent the pollution of streams and to that end empowering such corporations to gather, impound and store water containing salt or other substances produced in the drilling or operation of oil wells or other wells; and authorizing such corporations to charge reasonable rates for service; and prohibiting discrimination between patrons; and conferring upon such corporations the power of condemnation of necessary land and rights; authorizing corporations interested in the proper disposition of such waters to subscribe for, own and vote stock in corporations created hereunder; and declaring an emergency. Be it enacted, etc.: Sec. 1. That in the mode provided in Chapter 2 of Title 25 of the Revised Statutes of Texas of 1911 corporations may be created for the purpose of gathering, storing, and impounding water containing salt or other substances produced in the drilling and operation of oil and other wells, and to prevent the flow thereof into streams at times when the latter may be used for irrigation. Sec. 2. Such corporations, in addition to the general powers conferred by such title upon private corporations, may acquire, own, and operate ditches, canals, pipe lines, levees, reservoirs, and their appliances appropriate for the gathering, impounding or storage of such water, and for the protection of such reservoirs from inflow or damage by surface waters; with further power to condemn lands and rights necessary therefor under like procedure as is provided in condemnation by railroads; and also to cross with their ditches, canals, and pipe lines under any highways, canals, pipe lines, railroads, and tram or logging roads; Conditioned that the use thereof be not impaired longer than essential to the making of such crossings; provided that no right is conferred to pass through any cemetery or under any residence, school house or other public building nor to cross any street or alley of any incorporated city or town without the consent of the authorities thereof. Sec. 3. In the localities in which they operate and to the extent of the facilities provided, such corporations shall serve all producers of such waters in proportion to the needs of such producers, at fair and reasonable charges, and without discrimination between such producers under like conditions. Corporations interested in the proper disposition of such waters may subscribe for, own, and vote stock in the corporations which may be created hereunder. Sec. 4. The importance of this Act, and the absence of any law upon the subject, and the necessity for the immediate relief afforded thereby creates an emergency and an imperative public necessity that the constitutional provision requiring bills to be read on three several days, be suspended, and it is so suspended, and that this Act be in force and effect from and after its passage, and it is so enacted. Approved April 2, 1918. Became a law April 2, 1918. STORING, DEALING IN, AND TRANSPORTING OIL AND GAS. LAWS 1915, P. 82. MARCH 6, 1915. CHAPTER 41. AN ACT providing for the enlargement of the powers of corporations organized under Chapter 24, of Title 25, of the Revised Civil Statutes of 1911, for the purpose of storing, transporting, buying and selling oil and gas, salt, brine and other mineral solutions in this State, and declaring an emergency. Be it enacted, etc.: Sec. 1. Corporations heretofore or hereafter organized under the provisions of Chapter XXIV of title 25 of the Revised Civil Statutes of 1911, and which shall file with the Secretary of State a duly authorized acceptance of the provisions of this Act, are hereby declared to have, in addition to the powers enumerated in said chapter, the power to carry on the business therein authorized outside of as well as within this state; to own and operate refineries, casing and treating plants, sales offices, warehouses, docks, ships, tank cars and vehicles necessary in the conduct of their business; and to cause the formation of corporations outside of this state, not exceeding one in any state, territory or foreign country, whose purposes and powers exercised shall be only those conferred by law upon the forming or holding corporation as incorporated under the laws of Texas, and own and hold the stock of such corporations when the effect of such formation or stock holding is not substantially to lessen competition or otherwise to violate laws prohibiting trusts and monopolies and conspiracies in restraint of trade. Sec. 2. The present condition of the law on this subject and the importance of the change herein contemplated creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be and the same is hereby suspended, and that this act become a law from and after its passage, and it is so enacted. Approved March 6, 1915. Takes effect 90 days after adjournment. LAWS 1899, P. 202. CHAPTER CXVII. MAY 15, 1899. AN ACT to provide for the organization of corporations for the purpose of the storage and transportation, and purchase and sale of oil, gas, salt, brine and other mineral solutions; to provide the manner and method of organizing such corporations; to prescribe the rights, powers, privileges and duties of such corporations; to authorize such corporations to conduct, operate and maintain pipe lines, tanks, pump stations, buildings, machinery, apparatus and devices as may be necessary; to own, use and occupy lands, easements, buildings and structures; to empower such corporations to condemn lands and other property for the uses and purposes of such corporations, and to provide the methods therefor; issue stock and bonds and to borrow money and mortgage its franchises and property. Be it enacted, etc.: NOTE. The sections of this Act were carried into the Revised Civil |