Article 15
Corporations
Section 1. Unused charters or grants of
privilege. All existing charters or grants of special or exclusive privileges, under
which the corporators or grantees shall not have organized and commenced business in good
faith at the time of the adoption of this constitution, shall thereafter have no validity.
Section 2. Corporate charters created by
general law. 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 control of the state; but the general
assembly shall provide by general laws for the organization of corporations hereafter to
be created.
Section 3. Power to revoke, alter or
annul charter. The general assembly shall have the power to alter, revoke or annul any
charter of incorporation now existing and revocable at the adoption of this constitution,
or any that may hereafter be created, whenever in their opinion it may be injurious to the
citizens of the state, in such manner, however, that no injustice shall be done to the
corporators.
Section 4. Railroads common carriers
construction intersection. All railroads shall be public highways, and all
railroad companies shall be common carriers. Any association or corporation organized 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 company shall have the right with its road to
intersect, connect with or cross any other railroad.
Section 5. Consolidation of parallel
lines forbidden. No railroad corporation, or the lessees or managers thereof, shall
consolidate its stock, property or franchises with any other railroad corporation owning
or having under its control a parallel or competing line.
Section 6. Equal rights of public to
transportation. All individuals, associations and corporations shall have equal rights
to have persons and property transported over any railroad in this state, and no undue or
unreasonable discrimination shall be made in charges or in facilities for transportation
of freight or passengers within the state, and no railroad company, nor any lessee,
manager or employee thereof, shall give any preference to individuals, associations or
corporations in furnishing cars or motive power.
Section 7. Existing railroads to file
acceptance of constitution. No railroad or other transportation company in existence
at the time of the adoption of this constitution shall have the benefit of any future
legislation, without first filing in the office of the secretary of state an acceptance of
the provisions of this constitution in binding form.
Section 8. Eminent domain police
power not to be abridged. The right of eminent domain shall never be abridged nor
so construed as to prevent the general assembly from taking the property and franchises of
incorporated companies, and subjecting them to public use, the same as the property of
individuals; and the police power of the state shall never be abridged or so construed as
to permit corporations to conduct their business in such manner as to infringe the equal
rights of individuals or the general wellbeing of the state.
Section 9. Fictitious stock, bonds
increase of stock. No corporation shall issue stocks or bonds, except for labor done,
service performed, or money or property actually received, and all fictitious increase of
stock or indebtedness shall be void. The stock of corporations shall not be increased
except in pursuance of general law, nor without the consent of the persons holding a
majority of the stock, first obtained at a meeting held after at least thirty days' notice
given in pursuance of law.
Section 10. Foreign corporations place agent. No foreign corporation shall do any business in this state without having one or more known places of business, and an authorized agent or agents in the same, upon whom process may be served.
Section 11. Street railroads consent
of municipality. No street railroad shall be constructed within any city, town, or
incorporated village, without the consent of the local authorities having the control of
the street or highway proposed to be occupied by such street railroad.
Section 12. Retrospective laws not to be
passed. The general assembly shall pass no law for the benefit of a railroad or other
corporation, or any individual or association of individuals, retrospective in its
operation, or which imposes on the people of any county or municipal subdivision of the
state, a new liability in respect to transactions or considerations already past.
Section 13. Telegraph lines
consolidation. Any association or corporation, or the lessees or managers thereof,
organized for the purpose, or any individual, shall have the right to construct and
maintain lines of telegraph within this state, and to connect the same with other lines,
and the general assembly shall, by general law, of uniform operation, provide reasonable
regulations to give full effect to this section. No telegraph company shall consolidate
with, or hold a controlling interest in, the stock or bonds of any other telegraph company
owning or having the control of a competing line, or acquire, by purchase or otherwise,
any other competing line of telegraph.
Section 14. Railroad or telegraph
companies consolidating with foreign companies. If any railroad, telegraph, express
or other corporation organized under any of the laws of this state, shall consolidate, by
sale or otherwise, with any railroad, telegraph, express or other corporation organized
under any laws of any other state or territory or of the United States, the same shall not
thereby become a foreign corporation, but the courts of this state shall retain
jurisdiction over that part of the corporate property within the limits of the state in
all matters which may arise, as if said consolidation had not taken place.
Section 15. Contracts with employees releasing from liability void. It shall be unlawful for any person, company or corporation to require of its servants or employees, as a condition of their employment or otherwise, any contract or agreement, whereby such person, company or corporation shall be released or discharged from liability or responsibility on account of personal injuries received by such servants or employees while in the service of such person, company or corporation, by reason of the negligence of such person, company or corporation, or the agents or employees thereof, and such contracts shall be absolutely null and void.
