The Republican journal. [volume] (Belfast, Me.) 1829-current, 1871-01-19


made applicable no special law shall be enacted.
Section :. The Legislature shall have no power
to release or eXtnglish in whole or in part the in
debtedness, liability or obligation Of any corpora
ton or individual to this State or to any municipal
corporation there in.
ARTICLE 15--CoEPORATIONS.
Section /. No corporation shall be created by
special law or its charter extended, changed or
amended, except those for charitable, educational.
penal or re1ormatory purposes which are to be ana
remain under the patronage and control OF the
State, but Legislature shall provide by general laws
for the organization Of all corporations hereafter to
be created.
Section .. All existing charters or grants, of
special or exclusive privileges, under which organ
ization shall not have taken place or which shall
not have been in operation within 10 days from the
time this amendments takes effect, shall thereafter
be void
Section 8. The Legislature shall provide by law,
that in all elections for directors CT managers
of Incorporated companies every stakeholder shall
have the right to vote, in person or by proxy for
the number of shares of stock owned by him for rs
many persons as there are directors managers TO
be elected, or to commute said shares and one give
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 rinc-
| pie among as many candidates as he shall see fit
and such directors or managers shall not be elect
| ed in any other way
! Section d. The Legislature shall pass no law
granting the right to construct and operate street
railroad within any city, town Incorporated vii
| lage, without requiring the consent OF the local
authorities having the control of the street or high
| way proposed to be occupied by such street rail-
| road.
Sections. Every railroad corporation organized
| or dong business in this State, under the law or
| authority thereof, shall have and maintain public
Office or place i'll this State for the transaction OF its
business, where transfer of stock shall be made,
and in which shall be kept, for public inspection,
| books in which shall be recorded the amount OF
capital stock subscribed, and by whom the name
of the owners of its stock, and the amounts owned
by them respectively, the amount of stock paid m
ana by whom, the transfer of said stock, the amount
OF its assets and liabilities and the names and place
OF residence of its officers The directors of every
railroad corporation shall annually make report,
under OATH to the Secretary of State. of their acts
and doings, which report shall include such mat
tiers relating to railroads as may be prescribed by
lazy, and the legislature shall pass laws cnforcinS,hy
suitable penalties, the provisions of this section.
| Section e. The rolling stock and all other nova
bic property belonging to any railroad company or
corporation in this State shall be considered per-
sonal property, and shall be liable to execution and
sale m the same manner as the personal property
OF individuals and the legislature shall pass no laws
eXemptmg any such property from execution and
sale.
| Section :. No railroad corporation shall console
date It's stock property or franchise with any other
railroad corporations owning parallel or cOmpet-
ing line, and i'll no case shall any consolidation
Take place except upon public notice given OF at
least sixty days to all stockholders, III such man
ner as may be provided by law, majority Of the
rated or hereafter to be incorporated by the laws of
this State shall be citizens and residents of this
State.
Section S. No railroad CORPORATION shall issue
any stock or bonds, except for money, labor or
property actually received and applied to the pur
pose for which such corporation was created, and
all stock dividends and other fictitious increase OF
the capital stock or Indebtedness of any such corpo
ration shall be void. The capital stock of no rail
road corporation shall be increased for any purpose
except upon giving 60 days public notice, i'll such
manner as may be provided by law.
Section =. The exercise OF the power and the
right of eminent domain shall never be so constru-
ed or abridged as to prevent the taking by the leg
islaure of the property and franchises of ncorpo-
rated companies already organized, and suhiectng
them to the public necessity the same rs of ndyit
lals. The right of trial by jury shall be held nVo-
late in all trials, Of claims for compensation when
in the exercise of said right of eminent domain
any incorporated company shall be interested eth
er for or against the exercise of said right.
Section 10. Railroads heretofore constructed or
that may hereafter be constructed in this State are
hereby declared Public Highways and shall be free
to all persons for the transportation of their per-
sons and property thereon. under such regulations
as may be prescribed by law, and the Legislature
shall from time to time, pass laws establishing reas-
enable maximum rates OF charges for the transport
tatlon of passengers and freight on the different
railroads in this State.
Section II. The Legislature shall pass laws to
and eXtoron in the rates of freight and passenger
tariffs the different railroads in this State and
enforce such laws by adequate penalties TO the eX-
tent if necessary for that purpose of forfeiture of
their property and franchise.
ARTICLE 1G.
All Judges of courts of record, inferior to the Su
preme Court shall, on or before the first day Of
July IN each year, report in writing to the Judges
of the Supreme Court, such defect and omissions
in the laws as their experience may suggest, and
the Judges of the Supreme Court shall, on on be
fore the first day of January of each year. report in
In n hp " inn ntal To
the Legislature, such defects and omissions in the
constitution and laws they may find to exist, to-
gether with appropriate forms Of bills TO remedy
the defects and omissions.
The first impression upon seeing the scope
of the resolve, was that changes so extensive
in the instrument had much better he made
the work OF Convention, to be composed of
delegates expressly chosen for the purpose
The noise, confusion, hurry and struggling
interests Of Il Legislative body, lily fit ii for
the calm and patient deiberation which u
work of the kind demands Such 4 work
should be proceeded upon with the utmost
delheraton, circumspection and care, and
by the best aid Of past and cotemporaneOus
example. The workings of proposed changes
in other States that have adopted them should
be carefully studied, with view to prolitlng
by their successes or failures. Our own cx-
perience, especially in the last twenty years,
suggest much in the way Of change in the
Legislature substituting general laws for
special legislation, with lis attendant evils
and corruptions.
These views appear to have impressed the
author OF the foregoing resOIyc-for on Sat
urday Mr. Morris introduced q bill providing
for a Convention to revise and amend the
Constitution, to be holden in July next, the
pie at the next September election. This time
appears to us to be short for the work laid
out, although it my suffice. The bill is now
being printed, and will soon be under consd-
Grafton.
While upon this subject, we desire to call
attention to a provision in the Constitution Of
Vermont, which has always appeared to be a
most excellent and ellcacious one. The
forty-third section of article second. is as fol-
lows
In order that the freedom of this commonwealth
may be preserved involate forever, there shall be
chosen by ballot by the freemen of this State, on
the last Wednesday in March, in the year one thou
sand seven hundred and ninety mine, and on the
last Wednesday in March, in every seven years
hereafter, thirteen persons who shall be chosen in
the same manner the Council is chosen, except
they shall not be out of the Council or General As
sembly, to be called the Council of Censors who
shall meet together the first Wednesday in June