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Parramatta River to the southern boundary of lands believed to be dedicated by by the Government for an asylum for the insane; thence across the said lands in a northeasterly direction to their eastern boundary; thence in a northeasterly direction through lands believed to belong to the trustees of Subiaco Convent to the southern boundary of a street called Victoria street; thence in a northerly direction across the said street to its northern boundary; thence in a northerly and northeasterly direction through lands believed to belong to the trustees of Subiaco Convent to the western boundary of land believed to belong to Jonathan Wooster; thence in a northeasterly direction across the said lands to the southern boundary of a road called Kissing Point road; thence in a northeasterly direction across the said road to its northern boundary; thence in a northeasterly direction across land believed to belong to Robert M'Cann to its eastern boundary; thence in a northeasterly direction through land believed to belong to G. M'Killop to the western boundary of a reserved road; thence in a northeasterly direction across the said road to its eastern boundary; thence in a northeasterly (curving to a northerly and northwesterly) direction through lands believed to belong to Neil Harper to the western boundary of a road believed to be called Adderton road; thence in a northerly direction across the said road to its eastern boundary; thence in a northerly direction through land believed to belong to George Hodge to its eastern boundary; thence in a northerly direction through lands believed to belong to Charles R. Mobbs to the eastern side of the road; thence curving to a northeasterly direction along the said road and through land believed to belong to Neil Harper, and also through land believed to belong to Enoch Smith to the eastern boundary of the said road; thence curving to northerly and northwesterly directions through lands believed to belong to Charles W. Mills to its northern boundary; thence in a northerly and northwesterly direction through lands believed to belong to Frederick C. Cox to its eastern boundary; thence in a northeasterly direction across land believed to belong to William Cox to the southern boundary of a road called Pennant Hills road; thence in a northeasterly direction across the said road to its northern boundary; thence still in a northeasterly direction across land believed to belong to Frederick C. Cox to the southern boundary of the road; thence across the said road in a northeasterly direction to its northern boundary; thence bearing northeasterly across land believed to belong to Edwin Harris, and terminating at a point in the said land three miles twenty-eight chains distant from the point of commencement of the first section herein before described.

APPENDIX II.

CONSTITUTIONAL PROVISIONS RELATING TO RAILWAYS.

ALABAMA.

ART. XIV.-Corporations.—Private corporations.—Railroads and canals.

SEC. 21. All railroads and canals shall be public highways, and all railroad and canal companies shall be common carriers. Any association or corporition organized for the purpose shall have the right to construct and operate a railroad between any points in this State, and to connect at the State line with railroads of other States. Every railroad shall have the right with its road t› intersect, connect with, or cross any other railroad, and shall receive and transport each the other's freight, passengers, and cars, loaded or empty, without delay or discrimination."

SEC. 22. "The general assembly shall pass laws to correct abuses and prevent unjust discriminations and extortion in rates of freights and passenger tariff on railroads, canals, and rivers in this State."

SEC. 23. "No railroad or other transportation company shall grant free passes or sell tickets or passes at a discount other than as sold to the public generally, to any member of the general assembly, or to any person holding office under this State or the United States."

SEC. 25. "No railroad, canal, or other transportation company, in existence at the time of the ratification of this constitution, shall have the benefit of any future legislation by general or special laws, other than in execution of a trust created by law, or by contract, except on the condition of complete acceptance of all the provisions of this article."

ART. XI.-Taxation.

SEC. 6. "The property of private corporations, associations, and individuals of this State shall forever be taxed at the same rate." * *

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"Law requiring auditor to assess and collect taxes on the roadbed and rolling stock of railroads, and relieving these items from county taxation was valid."-M. & G. R. Co. v. Peebles, 47 Ala., 317.

ARKANSAS.

ART. XII.-" Municipal and private corporations.

SEC. 1. "All existing charters or grants of special or exclusive privilege under which a bona fide organization shall not have taken place and business been commenced in good faith at the time of the adoption of this constitution shall hereafter have no validity."

SEC. 2. " The general assembly shall pass no special act conferring corporate powers, except for charitable, educational, penal, or reformatory purposes, where the corporations created are to be and remain under the patronage and control of the State." SEC. 5. " 'No county, city, town, or other municipal corporation shall become a stockholder in any company * or obtain or appropriate money for or loan its credit to any corporation." * * *

SEC. 6. "Corporations may be formed under general laws, which laws may, from time to time, be altered or repealed. The general assembly shall have the power to alter, revoke, or annul any charter of incorporation now exising and revocable at the adoption of this constitution, or any that may hereafter be created, whenever, in their opinion, it may be injurious to the citizens of this State, in such a manner, however, that no injustice shall be done to the corporations."(See Ry. v. Gill, 54–101.)

991

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SEC. 7. "Except as herein provided, the State shall never become a stockholder in, or subscribe to, or be interested in, the stock of any corporation or association.” ART. XVII.-Railroads, canals, and turnpikes.

SEC. 1. Identical with section 21, Article XIV, Alabama.

SEC. 3. All individuals, associations, and corporations shall have equal right to have persons and property transported over railroads, canals, and turnpikes, and no undue or unreasonable discrimination shall be made in charges for, or in facilities for, transportation of freight or passengers within the State, or coming from or going to any other State. Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class in the same direction, to any more distant station.

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SEC. 4. The leasing, control, consolidation, or purchase of a parallel or competing line forbidden. Officer of one road can not hold office in such lines. Question as to what is competing or parallel lines to be decided by jury, as in civil

cases.

SEC. 5. No officer, president, director, agent, or employee of any railroad to be interested, directly or indirectly, in furnishing materials, supplies, or business to

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company.

SEC. 7. The general assembly shall prevent by law the granting of free passes, by any railroad or transportation company, to any officer of this State, legislative, executive, or judicial,

SEC. 8. All charters held subject to constitution, and no amendment of charter or special law for benefit of corporation to be passed unless so held.

SEC. 9. General assembly can take property and franchises of incorporated companies and subject them to public use, the same as property of individuals.

SEC. 10. General assembly to pass laws to correct abuses and prevent unjust discriminations. Penalties and forfeitures to be provided.

SEC. 11. Rolling stock and all other movable property to be considered personal property.

SEC. 13. Annual reports to be required.

ARIZONA.

The organic code contains no provisions on railways.

CALIFORNIA.

ART. XII.-Corporations.

SEC. 1. "Corporations may be formed under general laws, but shall not be created by special act. All laws now in force in this State concerning corporations, and all laws that may hereafter be passed pursuant to this section may be altered from time to time or repealed."

SEC. 7. "The legislature shall not extend any franchise or charter, nor remit the forfeiture of any franchise or charter for any corporation now existing, or which shall hereafter exist under the laws of this State."

SEC. 8. State can use property of corporations for public use same as that of individuals.

SEC. 17. Same as section 21 of the constitution of Alabama, and section 1 of that of Arkansas.

SEC. 18. Same as section 5, Article XVII, of constitution of Arkansas, with the addition "except such interest in the business of transportation as lawfully flows from the transportation of stock therein."

SEC. 19. Free passes and discounted tickets forbidden. Penalty: Forfeiture of office.

SEC. 20. Pooling forbidden. If rates are reduced for purposes of competition, the same shall not be raised "without the consent of the governmental authority in which shall be vested the power to regulate fares and freights."

SEC. 21. Same as section 3, Article XII, Arkansas.

SEC. 22. State divided into three sections, according to population. One railroad commissioner for each section, elected by the people for four years. Have power to establish rates for transportation of passengers and freight. Same to be published. Examine books, records, etc.; and may issue subpoenas; hear and determine complaints; punish for contempt of orders "in the same manner and to the same

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 commissioner.

SEC. 23. Divides State into districts.

COLORADO.

ART. XV.-Corporations.

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 corporations 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.

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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, * * shall be released from liability * on account of injuries while in the service of such company.”

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company

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CONNECTICUT.

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.

DELAWARE.

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ART. VIII.-Revenue and taxation.

SEC. 8. County or municipal aid to private corporations or persons prohibited.

ART. IX.-Corporations.

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.

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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.

FLORIDA.

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,

ART. XVI.-Miscellaneous.

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.

GEORGIA.

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.

IDAHO.

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.

ART. XI.-Corporations.

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. 4. Like section 3, Article XI, Illinois.

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.

KENTUCKY.

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."

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