The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-09-28
CARoLINA'S CORPORATIONS.
THEIR REGULATION UNDER THE
NEW CONSTITUTION.

NEW CONSTITUTION.
joint Control of Parallel Railroad
Lines Prohibited-FOreig Control
of Railroads in the state. Also
Ruled Ouf-stOck Watering Ex-
pressIy PrOhibited-The LegisIa-
ture Required to Pass Laws Against
All Trusts or Combinations.
Columbia. S. c., Sept. 27.-In the consti-
tutional convention to-day the committee
on corporations reported an article cover
ing that subject in nineteen sections, most
of which are wholly novel in the organ
ic law of this state. the old constitution
having touched very lightly upon the reg
ulation of corporations. The first section
defines corporations to be all associations
and joint stock companies having powers
and privileges not possessed by individuals
or partnerships, and excludes municipal
corporations. Successive sections show
the following provisions of general inter
est
No railroad, express, telegraph or tele-
phone company is allowed to make con-
tracts relieving it from its common law
liability No charter shall be granted by
special law except to institutions under
the control of the state, but the legislature
is required to provide for their organiza-
tion under general laws, and all charters
are to be subject to repeal.
Every corporation doing business in
the state shall maintain at least one
public office N it for the transaction of
business and exhibit of the holdings of
stock, etc. All discrimination in charges
or facilities for transportation and all
charges of higher rates for shorter than
longer distances are prohibited. Any
railroad may connect with, cross or in
tersect any other railroad No trans
portation company shall control or con-
solidate with parallel or competing lines,
and Juries are to decide the question
whether lines are parallel or competing.
The legislature Is forbidden to grant any
Foreign association or corporation IL
cense to build, operate or lease railroad
lines in South Carolina, but in case of
interstate lines the owners must be in
corporated under the state laws. No
general or special law shall be passed for
the benefit of any foreign corporation,
operating a railroad in the state.
The legislature Is forbidden to grant any
charter for banking purposes, but cor
porations or associations for such pur
poses may be formed under general laws.
Stock watering is expressly prohibited.
The legislature Is required to provide for
the election of officers of corporations by
the cumulative plan. Corporations shall
engage in no business except that specifi-
cally authorized by their charters. The
legislatures required to pass laws against
all trusts combinations, contracts and
agreements inimical to the public welfare,
and to prevent abuses, unjust discrimina-
ton and eXtortion, and shall provide for
the supervision and regulation of such
companies by commission or otherwise
A railroad commission Is established, its
duties TO be regulated by law, the ex-
listing commission to continue in possess
~
provided by legislation. Every en-
ploye of a corporation doing busi-
ness in the state shall have the
same rights and remedies for any
injury suffered by him from the act or
omission of such corporation or its en-
pIoyes as are allowed to other persons
shall be null and void. All charters
under which organizations in good faith
shall not in good faith take place and
from the adoption of the constitution
shall be thereafter void. Stringent pro-
visions are made against any legislative
modification of these provisions.
The report of the committee on munich
palities left ii optional with the legisla-
ture to license liquor selling, prohibit
or continue the dispensary system A
motion was made to amend by prohibit
ing the granting of licenses for the sale
OF liquor. There was a long debate upon
this, the conservative members and some
reformers declaring that there was
general understanding during the cam
pagn that this question should be left
open. At last Senator Tillman said that
he had pledged himself to leave II open
and was committed, and while he did not
want ever to see a saloon in South Caro-
lima again, the dispensary might have
to be abandoned for the Gothenburg sys-
TEN, so ii would be unwise to prohibit all
licensing. on his motion the debate was
adjourned unCil tomorrow to enable him.
self and others to prepare an amendment
which would meet the difficulty. After
other work of no general interest a re-
cess was taken until evening.
The night session was one of the storm
lest the convention has ever held. Col.
Robert Aldrich offered an amendment
which denied to the negro the right to
hold any office in the state, and for an
hour and a half argued from decisions of
the supreme court and from the Con-
gressional Records containing the story
of the passage of the fourteenth and fir-
teenth amendments, that the right had
never been given the negro to hold office
by the United States constitution or
amendments. He seemed TO impress many
members to such an extent that Senator
Tillman jumped on him with both feet
and a stormy hour or more followed.
Col. Aldrich and Senator Tillman had
it hot and heavy. Senator Tilman was
never more vehement in all his life He
told them that if they did not kill the mat
ter then and there they would make the
greatest mistake of their lives: they
would be ruined. Senator Tilman's in
fiuence controlled the situation, and de-
spite persistent efforts to adjourn. the
convention laid Col. Aldrich's scheme on