Texas state gazetteer and business directory 1914-1915, Pt.1, Part 9

Author: R.L. Polk & Co. cn
Publication date:
Publisher: St. Louis, Mo. : R.L. Polk & Co.
Number of Pages: 766

USA > Texas > Texas state gazetteer and business directory 1914-1915, Pt.1 > Part 9

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

Clerk -- E. T. Rosborough.

Composed of the counties of Bowie, Camp, Cass, Cherokee, Franklin. Gregg, Harrison, Hopkins, Kaufman, Lamar, Marion, Morris, Panola. Red River, Rusk, Shelby, Smith, Titus and Upshur.

SEVENTH DISTRICT, AMARILLO.

Chief Justice-S. P. Huff; term ex- pires 1918.

Associate Justices-R. W. Hall, term expires 1914; H. G. Hendricks, term ex- associate professors, 28 adjunct profes-

pires 1916.

Clerk-J. M. Oakes. Composed of the counties of Arm- ants. strong, Bailey, Border, Brisco, Carson, Castro, Childress. Cochran, Collings- worth, Cottle, Crosby, Dallam, Dawson, Deaf Smith, Dickens, Donley, Fisher, Floyd, Foard, Gaines, Garza, Gray, Hale, Hall, Hansford, Hardeman, Hartley, Hemphill, Hockley, Hutchinson, Kent, King, Lamb, Lipscomb, Luhbock, Lynn, Moore, Motley, Ochiltree. Oldham, Parmer, Potter, Randall, Roberts,

Scurry, Sherman, Swisher, Terry, Wheeler, Wilbarger, Yoakum.

EIGHTH DISTRICT, EL PASO.

Chief Justice -- J. R. Harper; term ex- pires 1918.

Associate Justices-J. F. McKenzle, term expires 1914; E. F. Higgins, term expires 1916.

Clerk-J. I. Driscoll.

Composed of the countics of Andrews, Brewster, Crane, Culberson, Ector, EI Paso, Glasscock, Jeff Davis, Loving, Martin, Midland, Pecos. Presidio, Rea- gan, Reeves, Terrell, Upton, Ward and Winkler.

UNITED STATES COURTS IN TEXAS.

District Courts.

Northern District-Judge, Edward R. Meek, Dallas; Attorney, James C. Wilson, Fort Worth; Marshal, W. J. McDonald, Quanah; Clerk, L. C. May- nard, Dallas. Southern District-Judges, W. T. Burns, Houston; Attorney, L. McDan- Iel, Houston; Marshal, J. A. Herring, Houston; Clerk, L. C. Masterson, Hous- ton.

Eastern District-Judge, Gordon Rus- sell, Sherman: Attorney, J. W. Ownby, Beaumont; Marshal, B. F. Sherrell, Jefferson.

Western District-Judge Thomas S. Maxcy, Austin; Attorney, J. L. Camp, San Antonio; Marshal, J. A. Rogers, Austin.

STATE INSTITUTIONS. Educational.

UNIVERSITY OF TEXAS, AUSTIN. Pres .- S. E. Mezes, Ph. D. LL. D. Business MInigr .- I. P. Lockridge.

FacnIty embraces 45 professors, 10

sors, 73 instructors. 13 tutors, 94 stil- dent assistants, 17 librarians and assist-

AGRICULTURAL AND MECHANICAL COLLEGE. BRYAN.

Pres .- R. T. Milner.

Registrar-C. E. Friley

Faculty embraces 38 professors and assistants.

COLLEGE OF INDUSTRIAL ARTS, DENTON.

Pres .- Wm. B. BizzeIl. Sec .- J. D. Baldwin.

SAM HOUSTON NORMAL INSTI- TUTE, HUNTSVILLE.

Pres .- H. F. Estill. Faculty embraces 25 members.

NORTH TEXAS STATE NORMAL, DENTON.

Pres .- W. H. Bruce. Sec .- J. W. Smith. Faculty embraces 25 professors, as- sistants and instructors.

SOUTHWEST TEXAS NORMAL, SAN MARCOS.

Pres .- C. B. Evans.

Faculty embraces 25 professors, as- sistants and instructors.

NORTHWEST TEXAS STATE NOR- MAL, CANYON.

Prcs .- R. B. Cousins.

Faculty embraces 23 professors. In- structors and training school teachers.

CHARITABLE AND ELEEMOSYNARY CONFEDERATE WOMEN'S HOME, AUSTIN. Supt .- Miss Kate Daffan.

JUVENILE TRAINING SCHOOL FOR BOYS, GATESVILLE. Supt .- A. W. Eddins.

NORTH TEXAS INSANE ASYLUM, TERRELL. Supt .- G. F. Powell, M. D.

SOUTHWESTERN TEXAS INSANE ASYLUM, SAN ANTONIO.

Supt .- F. S. White, M. D.

STATE CONFEDERATE HOME. AUSTIN. Supt .- A. C. Oliver.

STATE EPILEPTIC COLONY, ABILENE. Supt .- T. B. Bass, M. D.

STATE LUNATIC ASYLUM, AUSTIN. Supt .- John Preston, M. D.

STATE ORPHANS' HOME, CORSI- CANA. Supt .- W. F. Barnett.

STATE SCHOOL FOR THE BLIND, AUSTIN. Pres .- F. G. Reynolds.

TEXAS INSTITUTE FOR COLORED DEAF, DUMB AND BLIND, AUSTIN. Pres .- W. D. Miller.

TEXAS SCHOOL FOR THE DEAF, AUSTIN. Pres .- Joe Koch.

STATE SANATORIUM FOR TUBER- CULOSIS, CARLSBAD. Supt .- B. Lynn, M. D.

COMMERCIAL LAWS

ARREST. the State, and has refused to pay or tors; (10) or that he is about to dispose Imprisonment for debt is abolished. secure the deht due the plaintiff; (4) of his property with intent to defraud

ASSIGNMENTS.

Suspended by the National Bank ruptcy Act of 1898. ATTACHMENTS.

that he secretes himself so that the his creditors; (11) or that he is about ordinary process of law cannot be serv. to convert his property, or a part there- ed on him; (5) that he has secreted of, into money, for the purpose of plac- this property for the purpose of de. ing it beyond the reach of his creditors; frauding his creditors; (0) or that he (12) or that the debt Is due for prop- is about to secrete his property for the affidavit shall further state: (1) That erty obtained under false pretenses. The

The judges and clerks of the district and county courts, and justices of the purpose of defrauding his creditors; peace, may issue writs of original at. (7) or that he Is about to remove his tachment, returnable to their respective property out of the State without leav- courts, upon the plaintiff, his agent, or

Ing sufficient remalning for the pay. attorney, making an affidavit. in writ- ment of his debts; (8) or that he Is ing, stating (1) that the defendant is about to remove his property, or a part justly indebted to the plaintiff, and the thercof, out of the county where the amount of the demand; (2) that the sult Is brought, with intent to defraud defendant is not a resident of the State, his creditors; (9) or that he has dis- or Is a foreign corporation; (3) that he posed of his property, in whole or In is about to remove permanently out of part, with intent to defraud his credl-

the attachment is not sued out for the purpose of injuring or harassing the de- tendant; and (2) that the plaintiff will probably lose his debt unless such at-

tachment is issued. Bond In at least

double the amount sworn to be due must be given. Attachment may be ls- sucd before debt is due.

CHATTEL MORTGAGES.

Chattel mortgages, deeds of trust or

Commercial Laws

R. L. POLK & CO'S (1914)

Commercial Laws

other instruments of writing intended |may be fixed by instituting snit against|imum is $250; and the maximum fce to operate as a lien upon personal prop- the acceptor or maker within 60 days for permit to engage in loaning money erty, not accompanied by immediate de. livery, and followed by actual change crue. of possession is void against subsequent

next after the right of action shall ac- is $1.000. All fees mentioned in this The liability of any drawer or article shall be paid in advance into the endorser may also be fixed by protest office of the Secretary of State, and purchasers or lien holders in good faith, in the usual form.

unless such instrument or a true copy CONDITIONAL SALES. thereof shall be forthwith deposited with Conditional Sales of Chattels, where the vendee takes possession, are treat- ed as mortgages, and must be regis- tered as against creditors and innocent purchasers. and filed in the office of the county clerk of the county where the property is sit- uate, if the mortgagor be resident of this State, then of the county of his residence. . Upon receipt of such an instrument the clerk shall indorse CONSIGNMENTS. thereon the time of receiving it, and shall file the same for the inspection of all parties interested. The instrument shall not be recorded in eutirety, but onment for not less than two nor more

shall be by him paid into the State Treasury monthly. No permit is to be issued for a longer period than ten years. All foreign corporations are

subject to the following franchise tax. payable to the State at Austin: One dollar on each $1,000 or fractional part thereof of the authorized capital stock of the corporation up to and includ-

The embezzlement or fraudulent ing $100.000; and $2 on each $5.000 or conversion of consigned property is fractional part thereof of such stock in made punishable as theft, with impris- excess of $100.000 and up to and includ- ing $1,000,000; and $2 on each $20.000 than ten years. or fractional part thereof of such stock in excess of $1,000.000, and up to and

the clerk shall enter a minute of it in a book kept for the purpose, stating time of receiption, names of mortgagor and mortgagee, date of the instrument, amount secured, when due, property mortgaged, etc. The person making such an instrument shall not remove the property pledged from the county, nor sell or dispose of the same, without the consent of the mortgagce; in case

CORPORATIONS. including $10,000,000, and $2 on each There is a general law of the usual $50,000 of such stock in excess of $10,- character as in other states for the 000,000; unless the total amount of the creation of private corporations in eapital stock of such corporation issued Texas. The charter must be subscribed and outstanding. plus its surplus and by three or more persons, two of whom at least must be citizens of the State, undivided profits,. shall exceed its authorized capital stock, and in that and must be acknowledged by them be- event the frauchise tax of such corpo- fore an officer authorized to take ac- ration for the year following shall be: he does the mortgagee is entitled to the

possession of the property and to knowledgement of deeds. Such charter

Two dollars on each $1,000 or frac- tional part thereof of the authorized

have the same then sold for the pay- shall be filed in the office of the Sec- ment of his debt, whether the same has rotary of State, who shall record same capital stock of such corporation. is- become due or not. Contracts of pur- and retain the original on file in bis sued and outstanding, plus its surplus office. All of the authorized capital and undivided profits up to and includ- chase on time notes, as is usual with

pianos, sewing machines, etc., must be stock must be subscribed and at least ing $100,000; and $2 on each $5,000 or

recorded as chattel mortgages to be 50 per cent of such authorized capital fractional part thereof of such stock, good or valid against creditors, etc. stock must be paid in before the Sec. surplus and .undivided profits in excess Every mortgage, decd or trust or other retary of State is authorized to file of $100,000, and up to and including 31 .- form of lien attempted to be given by articles of incorporation, and the other 000,000; and $2 on each $20,000 or frac- the owner of any goods, wares or mer- 50 per cent. must be paid in inside of tional part thereof of such steck, sur- chandise daily exposed to sale, in par- two years, under penalty of forfeiture plus and undivided profits in excess of without judicial ascertainment. An $1,000,000, and up to and including cels, in the regular course of the busi-

ness of such merchandise, and contem- amount equal to one thousand dollars|$10,000.000; and $2 on cach $50,000 of plating a continuance of possession of per mile of road must be subseribed such stock, surplus and undivided salu goods and control of said business and five per cent of the amount sub- profits in excess of $10,000,000: provid. by sale of said goods by said owner, is scribed paid in to the directors of a cd that such franchise tax shall not in deemed fraudulent and void. All reser- railroad company at the time of or- any case be less than $25. The above vations of the title to property held ganization. The amount of the capital tax is due and payable annually on or in chattels as security for the purchase stock of insurance companies shall not before the first day of May. Penalty moncy thereof are held to be chattel be less than $100,000 fully paid at time for failure to pay this tax, forfeiture of mortgages, and when possession is de- of organization. A copy of the charter, right to do business in the State.

livered to the vendee, are void as to under the great seal of the State, shall ESTATES OF DECEASED PERSONS.

ereditors and bona fide purchasers, un- be evidence of the creation of the cor- less such reservations be in writing and poration. Every foreign corporation is Every claim for money whether upon registered as required of chattel mort- required to file a duly certified copy of open account or note against a testator intestate not presented within

gages; provided, that nothing in this its articles of incorporation with the or provision shall be construed to contra- Secretary of State, who is authorized twelve months after the original grant vene the landlord and tenants act. to issue a permit to transact business of letters testamentary or of adminis- in the State, such permit being limited tration, the payment thereof shall

COMMERCIAL PAPER.

to the purposes authorized by the be postponed until those presented Three days of grace allowed on all|statutes of Texas regulating domestic within that time have been paid. No negotiable paper. Paper maturing on corporations. No foreign corporation claim against the deceased shall be al- Sunday or legal holidays, which arelcan maintain any action, legal or equit- lowed unless it is accompanied by an considered as Sunday, is legally due the able, in any court of the State upon affidavit in writing that the claim is preceding business day. The holder of any demand arising either out of con- just, and that all legal offsets, pay- of any bill of exchange or promissory ments and credits known to affiant have

tract or out of tort, unless at the time been allowed. Such affidavit, if made note assignable or negotiable by law the contract was made or tort coumit- may secure and fix the liability of any ted the corporation had filed its articles by any other person than the owner drawer or endorser of such bill of ex- of incorporation in the office of the of the claim shall state further that the change and every endorser of such Secretary of State for the purpose of affiant is cognizant of the facts stated. promissory note without protest or procuring its permit. This provision This affidavit, if made outside of the State of Texas, should be made before a commissioner of decds for the State notice, by instituting suit against the does not, however, apply to eorpora- aeceptor of sucht bill of exchange or tions created for the purpose of eon-

against the maker of such promissory structing or operating railways, or to of Texas, clerk of a court of record hav- note before the first term of the Dis- such corporations as are required by ing a scal or a notary public. If the trict or County Court to which suit can law to procure permits to do business |administrator has been absent from the be brought after the right of action shall accrue, or by instituting suit be- from the Commissioner of Agriculture, State during the twelve months after Insurance Statistics and History, nor the granting of letters of administra- fore the second term of said court after does it apply to actions growing out of tion, the time of his absence is not the right of action shall accrue and transactions relating to interstate com- counted. A deed of trust duly exe- showing good cause why suit was not merce. The fees for permits are: Fifty cuted. with power to sell, is not irre- filed to first term next after the right dollars for the first $10,000 of its vocable on the death of the mortgagor, of action acerued. If the amount of authorized capital stock, and $10 for owing to the statute law regarding cs- snch commercial paper be within the each additional $10,000 or fractional tates of deceased persons. Upon the jurisdiction of a justice of the peace, part thereof. The fee is based on the death of a party who cxecutes a deed the Hfability of the drawer or endorser capital invested in Texas, but the min- of trust or a inortgage with power to

Commercial Laws

TEXAS GAZETTEER

Commercial Laws

sell, the powers of the trustee cease or and advances made by a landlord to his upon filing his contract in the county are revoked. The claim secured by said tenant, or to other debts which are se-|clerk's office of the county where the deed of trust or mortgage must bejcured by a lien on such property. proved up as other claims against the HOLIDAYS (LEGAL). decedent's estate, and the lich must be enforced and the sale of the property made under order of the probate court.

EXECUTIONS.

Executions are issued immediately after the adjournment of court or after the lapse of twenty days, where no defense is interposed in counties where the terms of court last longer than three weeks. In counties where the term continues longer or until all busi- ness is disposed of, execution may is- sue after twenty days from the rendi- tion of judgment and the overuling of any motion therein for a new trial or in arrest of judgment, provided no su-

error has been filed and approved therein. Such execution is returnable to the first day of the next. term of court or at thirty, sixty or ninety days if so requested by plaintiff. There is no stay of execution except in justice courts, and then only for ninety days on good security. Judgments lapse un- Iess exccution shall issue within twelve months from date of rendition. EXEMPTIONS.

1. Homestead of a family, in a town or city is made to consist of not more than 200 acres, which may be in one or more parcels, and improvements there- on, in town or city or village, lot or

lots, not to exceed $5.000, at time of domestic judgments. ten years; for- and if it be a railroad compauy their designation as a homestead. with- out reference to the value of the im- provements thereon, exempt forced sale for payment of all debts part will not. eign judginenis, ten years. Written acknowledgement signed by the debtor road may pass, an itemized account from only will revive the debt; payment of of his or their claim, ctc. If the lien be against a railroad it shall extend to and MARRIED WOMEN. include all its property. A lien is in- valid as against a homestead unless it

except for the purchase money there- of, or a part of such purchase money, the taxes due thereon, or for work and material used in constructing improve- ments thercon, provided that the same shall be used for the purposes of a home, or as a place to exercise the call- ing or business of the head of a family. Under the decision of the courts this allows the head of a family both a resi- dence proper and a place of business. No mortgage, trust deed or other lien separate property to his debts.

All property, both real and personal, of the husband or wife, owned by him or her before marriage, and that ac- is made by virtue of a contract in writ- ing, made before the material is fur. nished, and signed by the husband and quired afterwards by gift, devise or wife and properly acknowledged by desceut, as also the increase of all land both. Liens are placed upon an equal thus acquired, is the separate property footing without reference to the time of him or her, respectively. During wherein they are filed, and cach lien marriage the husband has control of holder is given his pro rata right in the same, but cannot subject his wife's the procceds of foreclosure of me- All chanics' lien.

on the homestead shall never be valid property otherwise acquired during

marriage by either party is common or

SALES.

Any sale or transfer of any portion

and wife, and during coverture can be of a stock of merchandise otherwise disposed of by the husband without the than in the ordinary course of trade in consent of the wife. The community the usual and regular prosecution of property is liable for the husband's the seller's or transferrer's business or debts. The wife may contract debtsla sale or transfer of an entire stock of

contract executed as provided by law, and all pretended sales of the home- stead involving any condition of de- feasance shall be void. A temporary renting of the homestead shall uot change the character of the same when for necessaries furnished herself or merchandise in bulk, shall be void as no other homestead has been acquired. children, and for all expenses which against creditors of the seller or trans- 2. All household and kitchen furniture, may have been incurred by her for the ferrer unless the purchaser or trans- all implements of husbandry, all tools and apparatus belonging to any trade

benefit of her separate property, and ferree shall at least ten days before the her separate property subjected to pay- sale or transfer, in good faith, make ment of the same. The husband, being full and explicit inquiry of the seller or profession, all books belonging to

ily portraits and pictures; five milch

wife, so as to place it beyond the reach of residence or place of business of of existing creditors. A woman mayleach and all creditors of the seller or transferrer, and the amount owing to

not being the homestead-to secure her each such creditor by the seller or husband's debts. A married woman transferrer, and obtain from the seller

shcep, all provisions and forage on hand for home consumption, all saddles, bridles and harness necessary for the use of the family; and to every citizen

cannot contract as a partner in busi- or transferrer a written answer to such ness, nor embark her separate means in trade. inquiries, which answers shall be sworn to hy the seller or transferrer, and MECHANICS' LIENS. unless the purchaser or tranferree at not a head of a family, one horse, bridle and saddle, all wearing apparel, all Any dealer, mechanic or sub-con- least ten days before the sale or trans- tools, apparatus and books belonging to tractor, who may labor or furnish for in good faith, notify or cause to be his trade .or profession, all current material, etc., to crect any house or notified personally or by registered improvement, or to repair any such, mail cach of the seller's or transferrer's emption of personal property shall not under or by virtue of a contract with

"wages for personal services. The ex-

creditors of whom the purchaser or apply when the debt is due for rents the owner, or his agent, or contractor, transferrce has knowledge of said pro-

The 1st of January, the 22d of Feb- ruary, the 2d of March, the 21st of April, the 4th of July, first Monday in September, the 25th of December of each year, and all days appointed by the President of the United States or by the Governor as days of fasting or thanksgiving, and every day on which an election is held throughout the State. are declared holidays, and shall be treated and considered as Sunday. If any of the days named shall occur on Sunday, the next day thereafter shall be observed as a holiday.

improvement is situated, shall have a lien on such improvement, and all its properties, and also on the lot or lots of land necessarily connected there- with, to secure payment for the labor done, or material, etc., furnished for

construction or repairs. The original contractors must file the contract within four months and the day laborer

or other person within 30 days. An original contractor may file a verified account where he has no written con- tract. In this case the terms of the contract and the value and amount of the materials and work must be made specific. Any person who may furnish any material to any contractor, sub- INTEREST. contractor, agent or receiver, to be The legal rate of interest, when there used in the erection of any house, or persedeas bond for appcal or writ of is no special contract, is six per cent. improvement, or to repair any such, or By contract up to and including 10 per

to construct or repair any railroad or cent. If higher rate than 10 per cent. its properties, by giving written notice is contracted for the whole interest is to the owner or agent of such building, voidable, but the principal may be re-for the railroad company, or its agents. covered.

JUSTICES' COURTS. of each and every item furnished, and Jurisdiction extends to $200. Appeal to county court in all cases exceeding. LEASES. by showing how much there is due and unpaid on each bill' of material fur- bished under said contract, at any time within ninety days after the indebted- ness shall have accrued, may fix and In general use, gives the landlord a secure a lien for the material fur- preference equivalent as a lien to a nished at the time or subsequent to the mortgage. giving of the written notice above pro- vided for, by filing in the office of LIMITATIONS. the county clerk of the county in such property is situated.

Accounts, two years from time cause of action accrues; notes, four years;

which in any county through which its

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except for the purchase money there- for, or improvements thereon, under community property of the husband

public or private libraries, and all fam- in debt, cannot give property to his

or transferrer as to the name aud place

cows and calves, two yoke of oxen, two horses and one wagon., one carriage or mortgage her separate estate-the same buggy, one guu, twenty hogs, twenty

Commercial Laws

R. L. POLK & CO'S (1914)

County Officers

posed sale or transfer. Any purchaser|that have come into the possession of his official capacity, nor to a sale or or transferree who shall conform to the said purchaser or transferree by virtue transfer of stocks of merchandise for provisions of this act shall not in any of such sale or transfer. The above the payment of bona fide debts where way be held accountable to any cred- provisions do not apply to sales by ex- all creditors share equally and without itor of the seller or transferrer for any ecutors, administrators, receivers or preference in the sale or transfer or of the goods, wares or merchandise any public officer conducting a sale in the proceeds thereof.

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Texas state gazetteer and business directory 1914-1915, Pt.1, Part 9

Author: R.L. Polk & Co. cn Publication date: Publisher: St. Louis, Mo. : R.L. Polk & Co. Number of Pages: 766

Author: R.L. Polk & Co. cn
Publication date:
Publisher: St. Louis, Mo. : R.L. Polk & Co.
Number of Pages: 766