The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-12-25
THE NEW CONSTITUTION.
TEXT OF THE INSTRUMENT ADOPT
i ep BY THE STATE CONVENTION.

TEXT OF THE INSTRUMENT ADOPT
II sp BY THE STATE CONVENTION.
4 The Foundation of the Rights OF the Citi
ZEN anu the Powers of the State Govern
ment. =.
ARTICLE TX.
1 CORPORATIONS. E.
Section /. The term corporation as
I used in This article includes all associa.
tions apd jointstock companies having
powers and privileges not possessed by
individuals or partnerships and ex
cludes municipal corporations.
Sec. 3. No charter of incorporation
shall be granted, changed or amended
BY special law, except in the case OF
4 such charitable, educational, penal or
reformatory corporations as may be
under the control of the State, or may
be provided for in this Constitution,
but the general assembly shall pro
! vide by general laws for changing or
amending existing charters, and for
Z the organization of all corporations
hereafter to be created, and any such
+ law so passed. as well as all charters
now existing or hereafter created,
shall be subject to future repeal or al.
teration; provided that the general as
sembly may by two-thirds vote OF
each house on a concurrent resolution
allew bill for a special charter to be
Introduced, and when so introduced
may pass the same as other bills. ]
Sec. 5. All railroad, express, canal
and other corporations engaged IN
TRANSPORTATION for hire and all tele-
graph and other corporations engaged
In the business of transmitting lntel!l-
Agence for hire are common carriers In
their respective lines of business, and
are subject to liability and taxation as
such. It shall be unlawful for any
such corporation to make any contract
relieving it of its common law iabill-
ty or limiting the same, in reference
to the carriage Of passengers.
Sec. 4. Every corporation organized
or doing business in this State, other
than religious, educational or benevo-
lent sociations, shall have and main
tain at least one agent in this State
upon whom process may be served,
and at least one public Office for the
transaction of its business; Provided: !:
This section shall notapply to mercan-
tile corporations: Provided, That moth
ing contained in this section shall be
construed to prohibit the general, as
sembly from providing for the service
of process ON any agent OF q corpora
ton so as To bind such corporation.
Sec. 8. No discrimination in charges
or facilities for transportation OF the
same classes of freight or passengers,
or for the transmission of intelligence
within this State, or coming from or
going to any other State, shall be made
by any railroad or other transporta-
ton anshission company between
places or persons.
Persons and property transported by
any railroad or any other transporta-
ton or transmission company or cor
poration, shall be delivered at any sta
ton, landing or port at charges not
exceeding the charges for the transpor-
fation Of persons and property OF the
same class, in the same direction, to
any more distant station, landing or
port. Excursion and communication
tickets may be issued at special rates.
This section shall not prevent the rail
road commission from making such
competitive rates as shall, in their
judgement, be Just and equitable be-.
tween the railroads and the public, at
all functional and competitive points
sor at tpoints where water competition
controls the traffic or at points where
the competition of points located ii
other States may make necessary the
prescribing of different rates for the
protection of the commerce lof this
State.
See. 6. Any railroad or other trans,
porta3ion corporation, and any tele-
graph or other transmitting corpora
tion, organized under the laws of this
State, shall have; the right to connect
Its roads or lines, at the State line,
with those in other States, and shall
have the right to intersect with or
cross any other railroad, street rail
way, transportation road or transmit
ting line, and shall each receive and
transport the freight, passengers, cars
Qoaded or empty and messages deliv-
cred to it by another without delay or
Discrimination.
Sec. 2. No railroad, or other trans
portation company, and no telegraph
or other transmitting corporation, or
the lessees, purchasers or managers of
any such corporation, shall consoli-
date the stock, property or franchises
of such corporation with, or lease or
purchase the works or franchises of,
or in any way control, any other rail
road or other transportation, telegraph
or other transmitting company own
ing or having under It's control par
allel br competing line; and the ques-
ton whether railroads Or other trans
portation, telegraph or other trahsmit-
! ting companies are parallel or compet-
ing lines shall, when demanded by the
party complainant, be decided by a
jury as in other civil causes.
Sec. s. The general assembly shall
not grant to any foreign corporation
or association license to build, oper-
ate or lease any railroad in this State;
but in all cases where a railroad is to
be puilt or operated, or is now being
operated, in this State, and the same
shall be partly in this State and partly
in another State, or in other States,
the owners or projectors thereof shall
first hecarna incornorated under the