the Governor, may at any time lease the said coal mines or any part thereof, or any portion of said Lease of mines. property, for coal mining or any other purpose, to any person or concern, on such terms as may by them be deemed advisable.

tract.

SEC. 3. Be it further enacted, That the contract with the Nashville, Chattanooga and St. Louis Railway for the construction and extention of its lines of railway to and upon said property and the granting of freight rates and other assurances, which was made at the time and as a condition to the purchase N. c. & st. L. of said Herbert Domain by the State, is hereby fur- R. R. conther ratified and approved by the State and the said Board of Control, or its successor by and with the consent of the Governor, are hereby authorized, empowered and directed to call upon the said Railway Company and the Federal authorities, if necessary, to comply with said contract, and said Board of Control, or its successor, and the Governor, are hereby empowered and directed to sign and execute a further contract in accordance with the terms of said original contract to carry it into full effect, granting the rights of way, and the guarantee of coal tonnage as therein provided the contract referred to is as follows:

"WHEREAS, by Chapter 378 of the Acts of the General Assembly of the State of Tennessee for the year 1903, the Board of Prison Commissioners of the State of Tennessee, by and with the consent of the Governor, were authorized and empowered to purchase additional coal lands for and on behalf of the State of Tennessee, to be held and used by the State and operated by it for mining purposes and as a means of utilizing the labor of its convicts; AND WHEREAS, in pursuance of said authority, the Contract. Board of Prison Commissioners has purchased what is known in the State as the Herbert Domain, subject to the approval of the Governor.

AND WHEREAS, the said Governor of the State has stated that he would not approve said proposed purchase unless the Nashville, Chattanooga and St. Louis Railway would give assurance that it would

construct a line of railroad to said Herbert Domain, and would make certain other assurances as to giving rates on the transportation of coal from said mines, when located, and as to furnishing equipment for the transportation of coal and coal products from said mines.

Now, therefore, in consideration of the premises, the Nashville, Chattanooga and St. Louis Railway through its President agrees and binds itself as follows, to-wit:

First: Should the purchase of said property be consummated by the Governor of the State, giving his official approval thereto, it will as soon as said Board of Prison Commissioners are directed and authorized by the General Assembly of the State to establish a branch prison and to open and operate coal mines on the said Herbert Domain, and to enter into an agreement that they will guarantee after twelve months from the time of completion of said road to the tipple to ship on an average per day of coal and coal products, not less than five hundred (500) tons, enter into a contract with said Board of Prison Commissioners, binding itself to construct a line of railroad to said mines, under the condition above mentioned, provided the State will furnish through its own lands a right of way one hundred feet wide for the main line and extensions of branches:

Second: The Nashville, Chattanooga and St. Louis Railway agrees and will under the proposed contract mentioned in the preceding paragraph agree to bind itself to give said mines what is known as Whitwell rates for all coal or coal products that may be transported from said mines.

Third: The Nashville, Chattanooga and St. Louis Railway further agrees and will agree under the coutract mentioned in paragraph 'first,' not to discriminate in any way in the distribution of cars and equipment against said State mines in favor of any other mines located upon said railway, and will make its best endeavor at all times to provide and furnish

at said State mines on the Herbert Domain ample and sufficient equipment to transport promptly all coal and coal products offered for transportation at said State mines.

In witness whereof, the said Nashville, Chattanooga and St. Louis Railway has caused its corporate signature and seal to be hereto affixed through its duly authorized officers, Nashville, Tennessee. January 8th, 1907.

NASHVILLE, CHATTANOOGA & ST. LOUIS RAILWAY,
By John W. Thomas, Jr., President.

(SEAL)

Attest: C. H. Ambrose, Secretary."

The purchase of the Herbert Domain by the State was for the purpose of using it as a coal mining property, by the State, and this purpose was known by the said Railway Company when it entered into the contract which was necessary for the development.

The said contract was at the time of execution delivered by the said Railway Company to the Governor and Board of Prison Commissioners, who then accepted the deed of the former owner, conveying the Herbert Domain to the Governor for and as the To enforce property of the State, the said contract becoming one running with the title and enforceable at any time at the option of the State and having been in no sense abandoned.

SEC. 4. Be it further enacted, That the Governor of the State may employ attorneys, if necessary to bring any and all necessary suit or suits to enforce and carry out the contract with the Railway Company herein before copied.

SEC. 5. Be it further enacted, That such amount of money as may be necessary to carry out the purposes and provisions of this Act is hereby appropriated out of the revenue derived from the operation of the penitentiary, to be used and expended as are other prison expenses.

SEC. 6. Be it further enacted, That this Act take

contract.

effect from and after its passage, the public welfare

requiring it.

A BILL to be entitled an Act to authorize banks and trust companies organized under the laws of this State to accept time bills of exchange drawn on such banks and trust companies and to issue letters of credit authorizing holders thereof to draw drafts upon them or their correspondents at sight or on time not exceeding one year.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That all banks and trust companies organized and doing business under the laws of this State be and they are hereby authorized to accept time bills of exchange drawn upon them and to issue letters of credit authorizing holders thereof to draw drafts upon them or their correspondents at sight or on time not exceeding one year. SEC. 2. Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it.

Passed February 14, 1919.

ANDREW L. TODD, Speaker of the Senate.

SETH M. WALKER,

Speaker of the House of Representatives.

Approved February 18, 1919.

A. H. ROBERTS,

Governor.

CHAPTER NO. 32.

SENATE BILL NO. 162.

(By Mr. Cameron.)

AN ACT to make it unlawful to sell or give to, or to procure for minors under eighteen years of age, tobacco, smoking tobacco, leaf tobacco, cigars, cigarettes or cigarette papers or tobacco manufactured in any form, and to fix a penalty for the violation thereof.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That it shall hereafter be unlawful for any individual, firm or corporation, their employees, agents or servants, or any one for them, knowingly to sell, give, furnish to or procure for any minor under eighteen years of age, tobacco, smoking tobacco, leaf tobacco, cigars, cigarettes or cigarette papers or tobacco manufactured in any form.

SEC. 2. Be it further enacted, That any individual, firm or corporation violating Section 1 of this Act, shall be guilty of a misdemeanor, and on conviction therefor be punishable by a fine of not less than $25.00 and not more than $100.00, and by imprisonment in the county jail for a period of not less than thirty days nor more than sixty days in the discretion of the court. Each violation of this Act shall be a separate and distinct offense.

SEC. 3. Be it further enacted, That upon the conviction of any individual, firm or corporation under this Act, the license issued to such individual, firm or corporation to engage in such business shall be revoked for a period of twelve months from the date of conviction.

SEC. 4. Be it further enacted, That the several Criminal Judges of the State having criminal jurisdiction shall give this Act in charge to the grand juries of their counties.

SEC. 5. Be it further enacted, That grand juries are hereby given inquisitorial powers over all offenses committed under this Act.