The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-09-26
Letter from the lion. John II. brown.

10 lilt fIditbI VI lIe DttlitS iltlAlu .
The reports OF the proceedings in the
Convention, as published in the news
papers generally, are very imperfect
and often fail to convey any correct
idea of the movements of members, or
the propositions submitted by them.
My labors rs a member of six important
committees deny me the time, which
otherwise would be Il pleasure to report
to the Dallas papers the most impor-
tant movements of the Convention
from day to day.
But, rs / made distinct issues and
pledges while n candidate, | desire the
people Of Dallas county to know
whether or not / am faithful to the
pledges made. An esteemed, not to
say Il loved friend, wrote me from Dali
las three days ago that he thought it
was time | was presenting my prom
ised platform ia regard to railroads. |
had done SO on the fourth or fifth day
OF the Convention, but no newspaper
had published an Ineligible state
ment Of the fact, and so my friend was
in the dark. Early in the Convention
| introduced the following sections as
parts Of the proposed new COnstitu-
ton, which Were referred to the com.
mittee on general provisions, and are
now before that body:
CORPORATIONS.
Section !. All existing charters or grants
OF special or exclusive privileges, under
which Il bona Bdc organization shall not have
taken place, and business been commenced
in good fnilh, at the adoption OF this Consti-
ton, shall have no validity.
Sec. z. NO corporation, after the adoption
OF this Constitution, shall be created by spe-
ella! laws; nor shall any existing charter he
extended, changed or amended by special
laws, except those for charitable penal or
reformatory purposes, which are under the
patronage and control OF the State.
Sec 3. The Legislature shaft not remit the
forfeiture OF the charter of any corporation
now existing, or alter or amend such forfeit
Gu charter, or pass any other general or spe.
cial laws for the benefit of such corpora
lions.
Sec. 1. The exercise OF the power and right |
Of eminent domain shall never be SO con
Etrued or Abridged rs TO prevent the taking, |
by the Legislature, of the property and fran
clilSes OF Incorporated companies already |
organized, or that may be hereafter organ
lied, snd subjecting them to the public us ,
Tie same aS that of individuals. The right |
OF trial byjury shall be held inviolate in all
Trials OF claims for compensation, when, in
the exercise Of said right of eminent do
main, any Incorporated company shall be
interested either for or against the exercise
Of said right.
See. B, The exercise of the police power OF
the State shall never be abridged, or SO con-
strued as to pc NIT corporations to conduct
their business IN such manner as to infringe
the equal rights of individuals or the geneT-
al We'll being OF the state.
Sec. y. In all elections for directors or
managers Of any incorporate company, each
shareholder shall have the right TO cast as
many votes In the aggregate as shall equal
the number of shares so held by him or ner
IN SAID company, multiplied by the humber
az directors or managers to be elected nj such
election; and each shareholder may cast the
whole number OF votes. either in person or
by proxy, for one candidate, or distribute
such votes among two or more candidates,
aud such directors or managers shall not be F.,
elected In any other manner.
Sec. Z. No corporation shall engage IN bust
ness other than that ex pressly authorized in
Its character, or the law under which il may
nave been or hereafter m0y be organized,
nor snail 1t hold any real estate for any
period longer than six years, except such as
may be necessary and proper for carrying
or Is legitimate business.
See. g. No corporation shall issue stock or
bonds except for money paid, labor done, or
property actually received. and ali fictitious
increase of stock or Indebtedness shall be
void. The stock aud bonded Indebtedness
OF corporations shall not be increased except
in pursuance of general law, nor without
tine consent of the persons holding the larger
amount in value of the stock first obtained
AZ Il meeting called for the purpose, first Civ
|
ylded by law.
Sect Dues from private corporationssha
be secured by such means az may be pres
ctibed by law, but In no case shall any stock
holder be- individually liable in any amount
over or above the amount OF stock owned by
him or her.
Sec. 10 No corporation shall issue preferred
stock without the consent OF all the stock
holders.
See Ii. The term corporation" as used In
this article, shall be construed 10 include all
Joint stock companies or associations having
any powers or privileges not possessed by in
dlviduals or partnerships.
On the same day | introduced the
following clauses, which were referred
to the Committee on Railroad Corpora
tons, Mr.. Ferris, of Ellis, being the
RAILROADS.
eSec. -. 1t shall not be lawful in this State
for any railway company to charge for
freight or passengers greater amount for
the transportation Of the same for less dis
lance than the amount charged for any
greater distance, and suitable laws shall be
passed by the Legislature to enforce this pro-
vision, but excursion ana communication tick
cts may be issued mt special rates.
Sec. Any railroad corporation or assoc
citation, organized for the purpose, shall have
the right 10 construct and operate railroad
between any points within TINS state, ana TO
connect ut the State line with railroads Of
other states. Every railroad company shall
have the right, with its road, to in,erSect,
connect with orcrosS any other railroad, and
snail receive and transport each others pas
senges, tonnage and cars, loaded or empty,
without delay or discrimination.
Sec. :. Railways heretofore constructed, or
that may hereafter be constructed, In this
state, are hereby declared public highways,
ami railroad companies common carriers.
The Legislature shall pass laws to correct
abuses and prevent unjust discrimination
anu extortion in the rates OF freight and pas
senger tariff on the different railroads In this
state; and shall, from time to time, pass
laNs establishing reasonable maximum
rates, OF charges for the transportation OF
passengers and freight on said railroads, ana
enforce such laws by adequate penalties.
Sec. -. Every railroad or otner corpora
lon, organized or doing business In TINS
state under the laws or authority thereof,
shall have and .maiAtain public office or
place in this State for the transaction OF us
business, where transfers OF stock shhll %
made, and where shall be kept, for public
inspection, books in which shall be recorded
the amount of capital stock subscribed, the
names of the owners OF the Stock tne
amounts owned by them respectively, the
amount of stock paid and by whom, the
transfer OF said stock, with date OF transfer,
me amount of its assets and liaDiities, ana
the names and place of residence OF us OH
GERS. The directors of every railroad com
pany shall hold one meeting annually IN
enis state, public notice of which shall D
gwen thirty days previously, ana snaii re-
port annually, under oath, TO the state
comptroller or some officer designated by
law, oil of their acts and doings, which re-
port shall include such matters relating 10
railroads as may be prescribed by law, and
me Legislature shall pass laws enfoi eng, by
suitable penalties, the provisions of this sec
uon. sas.1-. aA
See, =. The rolling stock and all other
movable property belonging.to any railroad
company or corporation in this state shall
ne considered personal property, and shall
oe liable to execution and sale, III the man
her as the personal property OF IN
uivlduals; and the Legislature shall PATS no
Jaw exempiing any such property from exc
cntion and sale.
Sec. -. No railroad or other corporation,
or the lessees, purchasers or managers Ofany