The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1884-02-15
ARTICLE OF THE CONSTITUTION
RELATING TO CORPORATIONS OTHER
TRAN MUNICIPAL,
A. FINALLY Adapted Ia Convention.

SECTION I. All existing charters or grants
Of special or exclusive privileges, under
which the corporators or grantees shall NOT
have organized or commenced business in
good faith at the time of the adoption OF
this Constitution, shall thereafter have no
validity.
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 con-
troll of the State; but the Legislative Assem-.
bly, shall provide, by general law, for the
organization or corporation hereafter to be
created: Prorided, That any such law shall be
subject 70 future repeal or alteration by the
Legislative Assembly.
Sec. 8. The Legislative Assembly shall
have the power to alter, revoke or annul any
charter Of incorporation existing and reyok-
able at the time of the adoption of this Con-
stitution, whenever in its opinion IL may be
injurious to the citizens of the State, in such
manner however that no injustice shall be
done to the corporators.
SEC. 4. The Legislative Assembly shall pro-
vide by law that in all elections for directors
or 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 as many
persons AZ there are directors or managers to
be elected, or to cumulate said shares and
give one candidate as many votes rs the
number Of directors multiplied by the num-
Der of his shares Of stock shall equal, or to
distribute them on the same principle among
~ many candidates as he shall think fit; and
such directors or managers shall not be
elected in any other manner.
SEC. 8. All railroads shall be public high
ways, and all railroad, transportation and
express companies shall be common carriers
and subject to Legislative control, and the
Legislative Assembly shall have power to
regulate and control by law the rates of
charges for the transportation of passengers
and freight by such companies as common
carriers from one point to another in the
State. Any association or corporation or.
ganized for the purpose shall have the right
to construct and operate a railroad between
any designated points within this State, and
TO connect at the State line with railroads of
other States and Territories. Every railroad
shall have the right with It's road
TO intersect, connect with, or to cross any
other railroad.
Sec. q. No railroad corporation, express or
other transportation company, or the lessees
DR. managers thereof, shall consolidate it's
'tock, property or franchises with any other
railroad corporation, express or other trans.
company owning or having under
Is control parallel or competing line.
Neither shall 1t in any manner unite its bust
hess or earnings with the business or earn.
ngs of any other railroad corporation.
SEC. Z. All individuals, associations and
corporations shall have equal rights to have
persons or property transported on and over |
my railroad, transportation or express route |
n this State.
No discrimination in charges or facilities 1
or transportation of freight or passengers |
Il the same class shall be made by any rail- |
Dad or transportation or express company
mt excursion or Communication tickets may
'e issued and sold at special rates, provided
UGH rates are the same to all persons.
No railroad or transportation or express
ompany shall be allowed to charge, collect
r receive tunder penalties which the Legis-
ative Assembly shall prescribe) any greater
barge or ton for the transportation OF freight
r passengers to any place or station upon It's
cute or line than it charges for the transpor.
atom of the same class of freight or passen-
ers to any more distant place or station up
n its route or line within this State.
No railroad, express or transportation
ompany, nor any lessee, manager or en-
loyee thereof, shall give any preferences to
ny individual, association or corporation,
D furnishing ears or motive power OF for the
of money or other express
latter.
SEC. 8. No railroad, express or other trans
ortation company In existence at the time
the adoption Of this Constitution, shall
ave the benefit of any future legislation,
ithout first filing In the Office of the Secre-
Try Of State an acceptance Of the provisions
this Constitution in binding form.
SEC. 0. The right Of eminent domain shall
ever be abridged nor so construed as to pre-
emit the Legislative Assembly from taking
le property and franchises of Incorporated
,mpanies and subjecting them 10 public use
he same as the property of individnal.; and
le police powers of the State shall never be
,ridged or so construed ny 10 permit corpo-
Isions 10 condact their business in such
snnsr as to infringe the equal rights of in.
viduais or the general well being Of the
ate.
SEC. 10. No corporation shall Issue stocks
bonds except for labor done, services per
rmed, or money and property actually re-
lived, and all fictitious increase of stock
Indebtedness skall he void. The stock of
operations shall not be increased except in /
Irsnance Of general law, nor without the
'nsent of the persons holding majority of I
Q stock, first obtained at meeting held
ter at least thirty days notice given in pnr-
ance of law.
SEC. IL. No foreign corporation shall do
~ business in this State without having
le or more known places of business, aud
authorized agent or agents in the same,
'on whom process may be served; and no I
mpany or corporation formed under the /
NJ of any other country, State or Territory /
al have or be allowed to exercise or enjoy r
thin this State any greater rights or priyi-
res than those possessed or enjoyed by cor
rations Of the same, or similar character,
sated under the laws Of this State.
sEc. II No street or other railroad shall be
instructed within any city, town or incor-
rated village without the consent of the 2
III authorities having the control of the 9
Get or highway proposed to be occupied 81
such street or other railroad. o
SIC. 10. The Legislative Assembly shall Il
80 no law for the benefit of railroad or V
ler corporation, or any individual or asso- /,
'tion Of individuals, retrospective In Its !,
GRAFTON, or which imposes on the people :
any county or municipal subdivision Of :,
State new liability In respect to trans =
lions or considerations already past.
inc. II. Any association or corporation, or y
J lessees or managers thereof, organized p
the purpose, or any individual, shall have Il
right To construct and maintain lines or Il
egraph or telephone within this State, and RI
INJECT the same with other lines; and the !,
gislative Assembly shall, by general law :
uniform operation, provide reasonable !
ulations to Riye fun effect to this section. !.
telegraph or telephone company shall Z
'solidate with. or hold controlling inter- q
In, the stock or bonds Of any other tele- u
ph or telephone compauy owning or haze I ST