The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-11-20

Carefully Revicwcd--Nh" h"t "''H ''"i" '
Done.
Co1TMB1A Nov. 11.-Special :
When the Convention passed off from
the subject of lynching and lynchers.,
it proceeded to the consideration OF
the article on corporations. Section l
was adopted, as follows:
Section 1. The term corporation as
used in this article includes all asso-
Citations and joint stock companies
having powers and privileges not pos
sessed by individuals or partnerships
and excludes municipal corporations.
SECTION TWO.
When section 3 was called up, MIR.
Gage said that section 81 in the article
on the legislative department covered
the same matter much more fully and
he moved to strike the section out.
Mr.. Johnstone said that this was the
most important section in the whole
article.
Considerable objection was made to
the motion and it was Withdrawn by
MIR. Gage.
The section was then adopted as fol-
lows:
Section 2. No charter of incorpora-
ton shall be granted, changed or
amended by special law except IN the
case of such charitable, penal or re-
formatory corporations as may be un-
der the.contro1 of the State, or may be
provided for in this Constitution; but
the legislature shall provide by gener-
al laws for changing or amending
existing charters and for the organl-
zation of all corporations hereafter to
be created, and any such law so passed
as we'll as all charters now existing or
hereafter created, shall be subject to
future repeal or alteration.
SECTION THREE.
When section 3 was taken up, Mr..
Haynsworth moved to strike out the
words land telephone" Telephone
companies did not transmit messages.
DR.. Stokes moved to table the amend
ment, which the convention refused to
do.
Mr.. Haynsworth's amendment was
then adopted by vote of 50 to 81.
Mr.. Stokes then amended it by pIac-
ing after the word companies" on the
third line the words 'and other trans
mitting companies"
Senator Fillman moved to amend by
adding at the end of the section the
words land taxation" Senator Till
man said they, were not now getting
any taxes from the Pullman car COM
panies. and he wanted to reach it. His
amendment was then adopted.
The whole section was then adopted,
reading as follows:
Section 8. All railroads and canals
shall be public highway, and all rail.
road, express, sleeping car. canal and
other transportation companies and
all telegraph companies and 9TH
er transmitting companies are
declared to be common carriers IN
their respective lines of business, and
subject to liability as such. No such
corporation shall bepermitted to make
any contract relieving itfrom its COM
mon law liability and taxation.
Pending discussion of this amend
ment, the Convention, on motion OF
DR.. Stokes, took recess till $50, p.
m.
At the afternoon session section 4.
was discussed at some length, but, on
motion of DR.. Stokes, was passed over
till tomorrow.
Section 8 was then REQUIRED to, and
DIR. Stokes offered the following sub
stitute, to be printed in the journal
Sec. 8. All railroads and roadways,
canals and other waterways used In
whole or in part by corporation for the
transportation of persons or freight for
hire and public highways, all railroad
express, sleeping car, canal and other
corporations engaged in transporta-
ton for hire and all telegraph and
other corporations engaged in the bust
ness of transmitting intelligence for
hire are common carriers on their re-
spective lines of business and are sub
iect to liability and taxation as such.
It shall be unlawful for any such cor
poration to make any contract reliev-
ing it of its common law liability.
MIR. Lee then sent up the following
amendment thereto, which was also
ordered to be printed in the journal
Add "or permitting the same"
The section was then passed over till
today.
SECTION FIVE
was amended on motion OF DR.. Stokes,
and passed in the following shape:
Sec. 5. No discrimination in charges
or facilities for transportation for the
same class of freight or passengers
within this State for the transmission
of intelligence, or cominls from or go
ing to any other State, snail be made
by any railroad or other transportation
or transmission company between
places or persons and no railroad or
transportation company shall charge
higher rate per ton per mile to any
station, landing or port in the State,
for the transportation of any class OF
freight, than the said company or cor,
poration charges on the same class OF
freight to any station or landing OF
port of this State. Persons and prop
erty transported over any railroad, OF
by any other transportation company
or cooperation, shall be delivered at
any station, landing or port at charges
not exceeding the charges for the
transportation of persons and proper
ty of the same class, in the same di'
rection, to any more distant station,
landing or port. Excursion and com
mutation tickets may be issued at spe
cial rates.
SECTION SIX
was then called up, and DR.. Stokes Of