Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1889-09-20
ARTICLE XII.
coRronArIoNs-ruBLIo AND PRIVATE


] Of this Article.
ARTICLE XII.
OBSERVATION-DISCLOSURES AND PRIVATE.
SECTION 1. All existing charters or grants Of
special or exclusive privileges, under which the
corporation or grantees shall not have organized
or commenced business la good faith at the time
OF the adoption OF this Constitution, shall there
after have no validity.
SEC. 2. No charter of Incorporation shall be
granted, extended, changed or amended by spe-
cial law, except Tor such municipal, charitable,
as are or may be under the control Of ihe state.
but the Legislature shall provide by general law
for the organization of corporations h "reaiter to
be created: PrOptded, That any such law shall
be subject to future repeal or alteration by the
Legislature
SEC. 3. The Legislature may provide by law
for altering, revoking or annulIing, any charter
OF Incorporation, existing and revokabe at the
time of the adoption of Ibis Constitution, in such
manner, however, that no injustice shall be done
TO the corporation.
SEC. 4. The Legislature shall provide by law
that In ali elections for directors or managers
OF incorporated companies every stakeholder
shall have the right to vote in person, by
proxy, for the number of shares ol stock owned
by him for as many persons as there are direct
ors or managers 10 be elected, to cumulate
said shares and give one candidate as n,any 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 rs he shall think 1T, and such
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, anu sub
ject TO Legislative control and the Legislature
shall have power to regulate and control by law
the rates OF charges for the trsnsportat ON OF pas
sengers ana Il INT by such companies or other
common carriers from one point 10 another in
the state. Any association or corporation organ
lied for the purpose, shall have the right to con-
struct and operate a railroad between any desig-
mated points within tbs slate, ana to connect
within or at the State line with railroads OF other
States and Territories. Every railroad company
shall have the right with Its road to interseci =,
connect with. or cross any other railroad under
such regulations rs may be prescribed by law
and upon making due compensation
Sec. @. All individuals, associations and COR
pc ratlons similarly situated snail nave equal
rights to have persons or property transported
on and oven any railroad, transportation or ex-
press route IN tnis state, except that preference
or unreasonable discrimination shall be made in
charges or facilities for transportation of freight
or passengers of the same class by any railroad,
or transportation, or express company between
persons or places within this State; but excur-
sion or communication tcke.s may DO issued and
SOLD at special rates, provided such rates the
same to all persons. No railroad, or transpurIa-
ton, or express company shall be allowed IL
charge. collect or receive. under penalties which
the Legislature snail prescribe, any greater
charge or toll for the transportation fire. ght uI
passengers to any place station upon its route
OF line than 1t charges for the transportation oi
the same class of freight or PASSENGERS to any
more distant place or station upon its route or
line within this State No railroad, express or
transportation company, nor any lessee, man
ager or other employe thereof Shall give any
preference to any individual association or cor
poration, in furnishing cars or motive power, or
tor the transportation OF money or other express
matter.
Sec. 7. No corporation other than municipal
corporations in existence at the time of the adop-
ton Of this Constitution, shall have the benefit
of any future legislation, without first filing In
the office of the Secretary of State acceptance
OF the provisions OF this Constitution in binding
form.
SEC. s. The light of eminent domain shall
never be abridged, nor so construed as to prevent
the Legislature from taking the property and
franchises OF incorporated companies, and sub
jecting them to public use the same as The prop
erty OF individuals, and the police powers of the
State shall never be abridged OK so construed us
to permit CORPORATIONS to conduct their business
ia such manner as to infringe the equal rights OF
individuals, or the general well being of the
State.
SEC. 9. No corporation shall issue stocks OF
bonds, except Tor Dor done, services performed,
or money or property actually received, and ali
fictitious increase of stocs or lndeb edness shall
be void. The stock of corporations shall not be
increased except in pursuance of general law
nor without the consent of the persons no ding a
majority of the stock, trst obtained at meeting
held after at least thirty days notice given in pur-
suance OF law.
SEC. 10. No foreign corporation shall do any
business in this state without having one or
more known places of business, and an author
lied agent or agents In the same, upon whom
process may De served; ana no company or COL
poratiUn formed under the laws of any other
country, State or Territory, shall have or be al
lowed to exercise or enjoy within this STA G, an
greater rights or privileges than those possessed
or enjoyed by corporations of the same SIMILAR
character created under the laws OF this State
SEC. IL. No street or other railroad shall be
constructed within any city, town, or incorpora-
ted village without the con ent OF the local au-
thorites, having the control OF the street or high
way proposed to be occupied by such street or
other railroad.
SEC. H. The Legislature shall pass no law for
the benefit OF a railroad or other corporation or
any individual or association OF individuals re-
lroaetiye IN It's operation, or which imposes on
ne people OF any county or municipal sub-di-
vision OF the state new liability In respect To
transactions or considerations already past
SEC. ID. Any association or corpora ion or the
lessees or managers thereof, organized for the
purpose, or any individual, shall have the right
to construct and maintain lines of telegraph or
telephone within this State, and connect the
same with other lines; and the Legislature shah
by general law OF uniform operation provide
reasonable regulations TO give full effect to this
section.
SEC. II. II any railroad, telegraph, express or
other corporation, organized under any of the
laws OF this state, shall consoii date by sale or
otherwise wi any railroad, telegraph, express
or other corporation, ORGANIZED under any of
the laws OF any other State or Territory or OF
The United states, the same shall not thereby he
come q foreign corporation, but the courts of
This State shall retain jurisdiction yer thai part
u the corporate property within the limits of
had not taken place.
SEC. 10. The Leg .slaiure shall not pass any
law perinitting the leasing or alienation of any
so as TO release relieve the franchise
Dr properly held hereunder from any of the liza
oilities, OF the lessor graDtor, or lessee or |
grantee, contracted or incurred in the operation
Use or enjoyment OF such franchise or any OF lie |
SEC. l6 The term Corporation. - as used In |
his Article, shall be held and construed 10 in |
'lude all associations and joint stock companies,
having or exercising any of the pc Sers OF privi-
eyes OF corporations not possessed by individu- |
Us or partnerships.
SEC. H.. Dues from private corporations shall |
'e secured by such means as'may be prescribed |
y law, but IN no case shall any stockholder be |
Individually liable in any amount over or above |
he amount of stock owned by him.
SEC. Is. That no incorporated company, or
ny association of persons or stock Company in
he State of Idaho, shall directly or indirectly
omblne or make any contract with any Other
Incorporated company foreign or domestic
trough their ockholders or the trustees or |
ssignees of such stockholders. or in any manner
'hatsoever, for the purpose of fixing the price
r regulating the production oil any article OF
or of produce of the soil, or of con-
imption by the people. and that The Legislature
Q required 10 pass laws for the enforcement
hereof, by adequate penalties, 10 the extent If
ecessary for that purpose, of the forfeiture of |
their property and franchise |