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extent as courts of record;" shall prescribe uniform system of accounts. Disobedience of orders of commissioner punished by fines not to exceed twenty thousand dollars. Agent or employee receiving rates in excess of those fixed fined five thousand dollars or one year in county jail. Legislature can extend power of
SEC. 23. Divides State into districts.
SEC. 1. All special charters granted, but under which business had not begun, not valid after adoption of this constitution.
SEC. 2. No charter of incorporation shall be granted, extended, changed, or amended by special law, except for such municipal, charitable, educational, penal, or reformatory corporations as are or may be under the control of the State; but the general assembly shall provide by general laws for the organization of corpo
rations hereafter to be created.
SEC. 3. Identical with last eleven lines of section 6, Article XII, Arkansas.
SEC. 4. Almost identical with section 21, Article XIV, Alabama, with the omission of last phrase "and transport," etc.
SEC. 5. Same as section 4, Article XVII, Arkansas, but referring to consolidation only.
SEC. 6. Identical with section 3, Article XVII, Arkansas, up to "Persons and property transported."
SEC. 7. Benefit of future legislation denied until acceptance of provisions of constitution filed, in binding form.
SEC. 8. Identical with section 9, Article XVII, Arkansas.
SEE. 15. Unlawful for any corporation "to require of its servants or employees. as a condition of their employment any contract whereby such person,
* on account of
* * * shall be released from liability
Amendments, Article XXV: No county, city, town, borough, or other municipality, shall ever subscribe to the capital stock of any railroad corporation, or become a purchaser of the bonds, or make donations to, or loan its credit, directly or indirectly, in aid of any such corporation;" debts contracted prior to adoption of this amendment not affected.
ART. VIII.-Revenue and taxation.
SEC. 8. County or municipal aid to private corporations or persons prohibited.
SEC. 1. No corporation shall hereafter be created, amended, renewed, or revived by special act, but only by or under general law, nor shall any existing corporate charter be amended, renewed, or revived by special act, but only by or under general law. Charters forfeited for violation of law.
SEC. 2. Acceptance of constitution by corporations necessary before charter can be renewed or amended.
SEC. 6. Each shareholder entitled to one vote in elections for directors or managers.
ART. IX.-Taxation and finance.
SEC. 7. State aid by means of taxation to corporations forbidden.
SEC. 10. State credit not to be pledged or loaned to private corporations; State not to become a stockholder. City, county, borough, township, etc., also forbidden to aid such corporations.
SEC. 30. "The legislature is invested with full power to pass laws for the correction of abuses and to prevent unjust discrimination and excessive charges by persons and corporations engaged as common carriers in transporting persons or property, or performing other services of a public nature, and shall provide for enforcing such laws by adequate penalties and forfeitures."
SEC. 31. Free passes and discounts of fares forbidden to members of legislature and State officers.
ART. IV.-Section 2. Regulation of corporations.
SEC. 1. Railroad tariffs. Assembly given right to regulate freight and passenger tariffs and to fix penalties for violations of regulations.
SEC. 2. Right of eminent domain retained over corporation property. SEC. 3. Charters revived or amended become subject to the constitution: * "Provided, That this section shall not extend to any amendment for the purpose of allowing any existing road to take stock in or aid in the building of any branch road."
SEC. 4. The purchase of stock of one corporation by another for purposes of decreasing competition can not be authorized and all such contracts declared void. SEC. 5. Rebates forbidden, directly or indirectly. Penalties may be imposed.
ART. III.-Legislative department.
SEC. 19. Prohibits special or local laws.
ART. VIII.-Public indebtedness and subsidies.
Four sections, prohibiting subscription to stock and other forms of aid on part of any political unit.
SEC. 1. Previously granted but inoperative special charters void.
SEC. 2. Special legislation, except for municipal, charitable, etc., purposes, prohibited.
SEC. 3. Legislature may revoke charters, but no injustice shall be done.
SEC. 5. Railways common carriers; legislature may control, regulate rates; railways may connect, intersect with one another.
SEC. 6. Undue or unreasonable discriminations forbidden; excursion and commutation tickets may be sold, provided they are the same to all persons. Long and short haul provision.
SEC. 7. Must accept constitution.
SEC. 8. Legislature may apply right of eminent domain to property of railway corporation.
SEC. 10. Appoint legal representative.
SEC. 14. Can not escape jurisdiction of State courts through consolidation. SEC. 15. Contracts restricting liability void.
SEC. 18. Combinations to influence price prohibited.
SEC. 59. Special legislation forbidden.
SEC. 179. City, county, etc., aid to corporations forbidden.
SEC. 190. Corporations must accept the constitution before asking for benefits of future legislation.
SEC. 191. All charters under which organization has not taken place at time of adoption of constitution void.
SEC. 192. No corporation to engage in business other than expressly named in charter; not to hold estate other than is proper and necessary for carrying on its legitimate business "for a longer period than 5 years, under penalty of escheat.”
SEC. 195. Property of corporations subject to right of eminent domain.
SEC. 197. Free passes forbidden to city, town, county officers, members of assembly, or judge. Forfeiture of office the penalty.
SEC. 198. Trusts, pools, combinations, or other organizations to " depreciate below its real value any article, or enhance the cost of any article above its real value" forbidden."
SEC. 201. Purchase or lease or operation of competing lines or line forbidden; also pooling of earnings with any common carrier forbidden.
SEC. 203. Lease or transfer of franchise to escape liability forbidden.
SEC. 207. Identical with section 3, Article XI, Illinois.
SEC. 209. Railroad commissioners, three in number, elected by people for same term as governor. State divided into three districts.
SEC. 210. Common carriers forbidden to own, operate, or engage in any other business" except such as shall be necessary to carry on its business."
SEC. 212. Rolling stock subject to execution and sale. Earnings and personal property subject to process of attachment.
SECS. 213, 215. Freight of all shippers to be transferred with equal promptness and same charges independent of destination.
SEC. 214. Exclusive contracts with shippers forbidden.
SEC. 216. Right of intersection guaranteed.
SEC. 217. Fixes penalties at from $2,000 to $5,000 and forfeiture of franchise. SEC. 218. Greater charges for shorter than for longer hauls forbidden.
SEC. 1. No corporation to be created by special laws.
SEC. 2. All charters not in force within 10 days after the adoption of the constitution void.
SEC. 3. 66 * The general assembly shall provide, by law, * every stockholder shall have the right to vote in person or by proxy, for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected, or to cumulate such shares, and give one candidate as many votes as the number of directors multiplied by the number of his shares of stock shall equal; or to distribute them on the same principle among as many candidates as he shall think fit." * * *
SEC. 10. Rolling stock and all other movable property considered personal property subject to execution and sale.
SEC. 11. Consolidation of competing lines forbidden. No consolidation without 60 days' notice. Majority of directors to be citizens of State.
SEC. 12. Railroads subject to such regulations as may be prescribed by law. SEC. 13. No increase of stock unless 60 days' notice of same has been given. SEC. 14. * Property and franchises of incorporated companies already organized, and subjecting them to the public necessity the same as of individuals." *
SEC. 15. "The general assembly shall pass laws to correct abuses and prevent unjust discriminations and extortion in the rates of freight and passenger tariff on the different railroads of the State, and enforce such laws by necessary penalties to the extent, if necessary for that purpose, of forfeiture of their property and franchises."
SEC. 1. Regarding money paid into State treasury by Illinois Central Railroad. SEC. 2. County, city, town, village, etc., aid to corporations forbidden in future (i. e., after 1870, the time of the adoption of this constitution)
SEC. 13. Corporations other than banking shall not be created by special act but may be formed under general laws.
SEC. 14. Individual liability of incorporators.
SEC. 1. No corporation to be hereafter created by special law.
SEC. 12. Subject to the provisions of this article, the general assembly shall have power to amend or repeal all laws for the organization or creation of corporations.
SEC. 1. Special legislation prohibited, and all general laws may be amended or repealed.
"but such indi
SEC. 2. Individual liabilities in case of corporations, * * vidual liabilities shall not apply to railroad corporations, nor corporations for religious or charitable purposes.'
ART. 262. "The general assembly shall not remit the forfeiture of the charter of any corporation now existing, nor renew, alter, or amend the same, nor pass any general or special law for the benefit of such corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this constitution."
ART. 265. No corporation to engage in business except such as directly authorized by charter "or incidental thereto," nor hold any real estate for a longer period than 10 years.
ART. 267. Stock neither to be decreased nor increased "except in pursuance of general laws," nor without the consent of persons holding the larger amount in value of the stock.
ART. 271. Identical with Article XIV, section 21, Alabama, beginning with 'Any association."
ART. 272. Identical with Article XIV, section 21, Alabama, up to " Any association."
ART. 274. Consolidation upon 60 days' notice, but company always to remain in jurisdiction of the State.
ART. 275. "General laws shall be enacted providing for the creation of private corporations, and shall therein provide fully for the adequate protection of the public and of the individual stockholder."
ART. 283. "A railroad, express, telephone, telegraph, steamboat, and other water craft, and sleeping car commission is hereby created;" composed of three members, elected by districts.
Credit of State not to be loaned.
ART. 284. Powers of commission: Compel attendance of witnesses and production of books and papers; adopt, change, and make just rates and regulations; prevent discriminations; hear complaints; supervise matters of bridges, depots, switches, etc., etc.; adjust rates between branch and trunk lines.
ART. 285. Appeals from decisions of commission may be taken to Supreme Court.
ART. 286. Penalties provided.
ART. IV.-Part third. Legislative power.
SEC. 13. "The legislature shall, from time to time, provide as far as practicable, by general laws, for all matters generally appertaining to special or private legislation."
ART. IX.-General provisions.
ART. 3.-Legislative department.
SEC. 48. Corporations may be. formed under general laws; but shall not be created by special act, except for municipal purposes, and except in cases where no general laws exist; * * a committee of three to be appointed by governor to draft general laws.
Contains no constitutional provisions relating to railways.
SEC. 1. Corporations to be formed under general laws only.
SEC. 7. Individual liability of stockholders.
SEC. 10. No corporation, except for municipal purposes, or for the construction of railroads, plank roads, and canals, shall be created for a longer period than 30
SEC. 12. Limitation for holding real estate ten years, "excluding such as is actually occupied by such corporation in the exercise of its franchise."
ART. IX.-Finances of the State, banks and banking.
SEC. 14b. Limitation of municipal aid to railways to 10 per cent of assessed valuation.
SEC. 15. Adopted November 4, 1879. Limitation at 5 per cent of taxable property.
ART. X.-Of corporations having no banking privileges.
SEC. 2. None, except municipal corporations, to be formed under special acts.
SEC. 33. Special legislation prohibited. Also the amendment of special laws. Latter may, however, be repealed.
SEC. 34. Provision made for general laws.
Amendment to sec. 19, Art. IX, of Apr. 15, 1858.
State loans to be given only to roads in whose aid Congress has given lands to State of Minnesota. Loans in form of State bonds, bearing 7 per cent interest, payable semi-annually in New York City, to an amount not exceeding $5,000,000. Conditions of these loans prescribed at some length.
SEC. 87. Special legislation forbidden.
SEC. 88. General laws for the granting of charters to be passed.
SEC. 178. Corporations to be formed under general laws only. Legislature has power to change or revoke any charter (now revocable or hereafter granted) whenever, in its opinion, it may be for the public interest to do so: Provided, however, that no injustice shall be done to the stockholders." Charters not to be granted for more than 99 years. Companies holding charters for a longer period may surrender excess. Legislature may otherwise tax the "increased value of such property and franchises arising from such longer duration of their charters."
SEC. 179. Charters to be held subject to constitution.
SEC. 180. Future charters subject to constitution; all charters under which organization not effected within one year after adoption of the constitution to be void; also all charters under which work not begun within two years after granting.
SEC. 182. Power of taxation not to be surrendered or abridged by any contract.
SEC. 183. Municipal aid forbidden.
SEC. 184. Identical with section 21, Article XIV, Alabama.
SEC. 185. Rolling stock considered personal property and subject to execution and sale.