nulling, any charter of incorporation, existing and revocable at the time of the adoption of this constitution, in such manner, however, that no injustice shall be done to the corporators.

SEC. 4. The legislature shall provide by law that in all elections for directors or managers of incorporated companies, every stockholder shall have the right to vote in person or by proxy for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected, or to cumulate said shares, and give one candidate as many 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 can. didates as he shall think fit, and such directors shall not be elected in any other manner.

SEC. 5. All railroads shall be public highways, and all railroad, transpor tation and express companies shall be common carriers, and subject to legis. lative control, and the legislature shall have power to regulate and control by law, the rates of charges for the transportation of passengers and freight by such companies or other common carriers, from one point to another in the state. 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 within or 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, under such regulations as may be prescribed by law, and upon making due compensation.

SEC. 6. All individuals, associations, and corporations, similarly situated, shall have equal rights to have persons or property transported on and over any railroad. transportation, or express route in the state, except that preference may be given to perishable property. No undue 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 the state; but excursion or commutation tickets may be issued and sold at special rates, provided such rates are the same to all persons. No railroad, or transportation, or express company shall be allowed to charge, collect, or receive, under penalties which the legislature shall prescribe, any greater charge or toll for the transportation of freight or passengers, to any place or station upon its route or line, than it charges for the transportation of 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, manager, or other employee thereof, shall give any preference to any individual, association, or corporation, in furnishing cars or motive power, or for the transportation of money or other express matter.

SEC. 7. No corporations other than municipal corporations 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

SEC. 8. The right 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 subjecting them to public use, the same as property of individuals; and the police powers 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 well being of the state.

SEC. 9. No corporation shall issue stock or bonds, except for labor done, services 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.

SEC. 10. No foreign corporation shall do any business in this state with

out having one or more known places of business, and an authorized agent or agents in the same, upon whom process may be served; and no company or corporation formed under the laws of any other country, state or territory, shall have or be allowed to exercise or enjoy, within this state, any greater rights or privileges than those possessed or enjoyed by corporations of the same or similar character created under the laws of this state.

SEC. 11. No street, or other 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 or other railroad.

SEC. 12. The legislature shall pass no law for the benefit of a railroad, or other corporation, or any individual, or association of individuals retroactive 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.

SEC. 13. 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 or telephone within this state, and connect the same with other lines; and the legislature shall by general law of uniform operation, provide reasonable regulations to give full effect to this section.

SEC. 14. 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 of the 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 that may arise, as if said consolidation had not taken place.

SEC. 15. The legislature shall not pass any law permitting the leasing or alienation of any franchise so as to release or relieve the franchise or property held thereunder from any of the liabilities of the lessor or grantor, or lessee or grantee, contracted or incurred in the operation, use, or enjoyment of such franchise, or any of its privileges.

SEC. 16. The term "corporation" as used in this article, shall be held and construed to include all associations and joint stock companies, having or exercising any of the powers or privileges of corporations not possessed by individuals or partnerships.

SEC. 17. Dues from private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stockholders be individually liable in any amount over or above the amount of stock owned by him.

SEC. 18. That no incorporated company or any association of persons or stock company, in the state of Idaho, shall directly or indirectly combine or make any contract with any other incorporated company, foreign or domestic, through their stockholders or the trustees or assignees of such stockholders, or in any manner whatsoever, for the purpose of fixing the price or regulating the production of any article of commerce or of produce of the soil, or of consumption by the people; and that the legislature be required to pass laws for the enforcement thereof, by adequate penalties, to the extent, if necessary for that purpose, of the forfeiture of their property and franchise.

ARTICLE XII.

CORPORATIONS-MUNICIPAL.

SECTION 1. The legislature shall provide by general laws for the incorporation, organization and classification of the cities and towns in proportion to the population, which laws may be altered, amended or repealed by the general laws. Cities and towns heretofore incorporated, may become organized under such general laws, whenever a majority of the electors at a

general election, shall so determine, under such provision therefor as may be made by the legislature.

SEC. 2. Any county, or incorporated city or town may make and enforce, within its limits, all such local police, sanitary and other regulations as are not in conflict with its charter or with the general laws.

SEC. 3. The state shall never assume the debts of any county, town or other municipal corporation, unless such debt shall have been created to repel invasion, suppress insurrection or defend the state in war.

SEC. 4. No county, town, city or other municipal corporation, by vote of its citizens or otherwise, shall ever become a stockholder in any joint stock company, corporation or association whatever, or raise money for, or make donation or loan its credit to, or in aid of, any such company or association: Provided, That cities and towns may contract indebtedness for school, water, sanitary and illuminating purposes; Provided, That any city or town contracting such indebtedness shall own its just proportion of the property thus created and receive from any income arising therefrom, its proportion to the whole amount so invested.

ARTICLE XIII.
IMMIGRATION AND LABOR.

SECTION 1. There shall be established a bureau of immigration, labor and statistics, which shall be under the charge of a commissioner of immigration, labor and statistics, who shall be appointed by the governor, by and with the consent of the senate. The commissioner shall hold his office for two years, and until his successor shall have been appointed and qualified, unless sooner removed. The commissioner shall collect information upon the subject of labor, its relation to capital, the hours of labor and the earnings of laboring men and women, and the means of promoting their material, social, intellectual and moral prosperity. The commissioner shall annually make a report in writing to the governor of the state of the information collected and collated by him, and containing such recommendations as he may deem calculated to promote the efficiency of the bureau.

SEC. 2. No more than eight (8) hours actual work shall constitute a lawful day's work on all state and municipal works, and the legislature shall pass laws to provide for the health and safety of employees in factories, Smelters, mines and ore reduction works.14

[SEC. 3. Repealed November 25, 1912.]15

SEC. 4. The employment of children under the age of fourteen (14) years in underground mines is prohibited.

SEC. 5. No person, not a citizen of the United States or who has not declared his intention to become such, shall be employed upon, or in connection with, any state or municipal works.

SEC. 6. The legislature shall provide by proper legislation for giving to mechanics, laborers and material men an adequate lien on the subject matter of their labor.

SEC. 7. The legislature may establish boards of arbitration whose duty it shall be to hear and determine all differences and controversies between laborers and their employers which may be submitted to them in writing by all the parties. Such boards of arbitration shall possess all the powers and authority in respect to administering oaths, subpoenaing witnesses, and compelling their attendance, preserving order during the sittings of the board, punishing for contempt, and requiring the production of papers and writings, and all other powers and privileges, in their nature applicable, conferred by law on justices of the peace.

SEC. 8. The commissioner of immigration, labor and statistics, shall perform such duties and receive such compensation, as may be prescribed by law.

Amendment proposed by the legislature of 1901; ratified on November 4, 1902; effective November 28, 1902.

Amendment proposed by the legislature of 1911; ratified on November 5, 1912; effective November 25, 1912.

ARTICLE XIV.

MILITIA.

SECTION 1. All able-bodied male persons residents of this state, between the ages of eighteen and forty-five years, shall be enrolled in the militia and perform such military duty, as may be required by law; but no person having conscientious scruples against bearing arms, shall be compelled to perform such duty in time of peace. Every person claiming such exemption from service, shall, in lieu thereof, pay into the school funds of the county of which he may be a resident, an equivalent in money; the amount and manner of payment to be fixed by law.

SEC. 2. The legislature shall provide by law for the enrollment, equipment and discipline of the militia, to conform as nearly as practicable to the regulations for the government of the armies of the United States, and pass such laws to promote volunteer organizations, as may afford them effectual vi encouragement.

SEC. 3. All militia officers shall be commissioned by the governor, the manner of their selection to be provided by law, and may hold their com missions for such period of time as the legislature may provide.

SEC. 4. All military records, banners, and relics of the state, except when in lawful use, shall be preserved in the office of the adjutant-general, as an enduring memorial of the patriotism and valor of the soldiers of Idaho; and it shall be the duty of the legislature to provide by law for the safe keeping [11 of the same.

SEC. 5. All military organizations under the laws of this state, shall 1 carry no other device, banner or flag, than that of the United States or the state of Idaho.

SEC. 6. No armed police force, or detective agency, or armed body of men, shall ever be brought into this state for the suppression of domestic violence, except upon the application of the legislature, or the executive, when the legislature can not be convened.

ARTICLE XV.
WATER RIGHTS.

SECTION 1. The use of all waters now appropriated, or that may hereafter be appropriated for sale, rental, or distribution; also of all water originally appropriated for private use, but which after such appropriation has heretofore been, or may hereafter be sold, rented, or distributed, is hereby declared to be a public use, and subject to the regulation and control of the state in the manner prescribed by law.

SEC. 2. The right to collect rates or compensation for the use of water supplied to any county, city, or town, or water district, or the inhabitants thereof, is a franchise, and cannot be exercised except by authority of and in the manner prescribed by law.

SEC. 3. The right to divert and appropriate the unappropriated waters of any natural stream to beneficial uses, shall never be denied. Priority of appropriation shall give the better right as between those using the water; but when the waters of any natural stream are not sufficient for the service of all those desiring the use of the same, those using the water for domestic purposes shall, (subject to such limitations as may be prescribed by law) have the preference over those claiming for any other purposes. And those using the water for agricultural purposes shall have preference over those using the same for manufacturing purposes. And in any organized mining district. those using the water for mining purposes, or milling purposes connected with mining, shall have preference over those using the same for manufacturing or agricultural purposes. But the usage by such subsequent appropriators shall be subject to such provisions of law regulating the taking of private property for public and private use, as referred to in Sec. 14 of Article I of this Constitution.

SEC. 4. Whenever any waters have been, or shall be appropriated, or used.

for agricultural purposes, under a sale, rental or distribution thereof, such sale, rental, or distribution shall be deemed an exclusive dedication to such use; and whenever such waters, so dedicated, shall have once been sold, rented or distributed to any person who has settled upon, or improved land for agricultural purposes, with the view of receiving the benefit of such water under such dedication, such person, his heirs, executors, administrators, successors or assigns, shall not thereafter without his consent, be deprived of the annual use of the same, when needed for domestic purposes, or to irrigate the land so settled upon or improved, upon payment therefor, and compliance with such equitable terms and conditions as to the quantity used and times of use, as may be prescribed by law.

SEC. 5. Whenever more than one person has settled upon, or improved land with the view of receiving water for agricultural purposes, under a sale, rental or distribution thereof, as in the last preceding section of this article, provided, as among such persons, priority in time shall give superiority of right to the use of such water in the numerical order of such settlements or improvements; but whenever the supply of such water shall not be sufficient to meet the demands of all those desiring to use the same, such priority of right shall be subject to such reasonable limitations as to the quantity of water used, and tinres of use, as the legislature, having due regard, both to such priority of right, and the necessities of those subsequent in time of settlement or improvement may by law prescribe.

SEC. 6. The legislature shall provide by law, the manner in which reasonable maximum rates may be established to be charged for the use of water, sold, rented, or distributed, for any useful or beneficial purpose,

ARTICLE XVI.
LIVE STOCK.

SECTION 1. The legislature shall pass all necessary laws to provide for the protection of live stock against the introduction or spread of pleura-pneumonia, glanders, splenatic, or Texas Fever, and other infections or contagious diseases. The legislature may also establish a system of quarantine or inspection and such other regulations as may be necessary for the protection of stock owners and most conducive to the stock interests within this state.

ARTICLE XVII.

STATE BOUNDARIES.

SECTION 1. The name of this state is Idaho, and its boundaries are as follows: Beginning at a point in the middle channel of Snake river where the northern boundary of Oregon intersects the same; then follow down the channel of the Snake river to a point opposite the mouth of the Kooskooskia or Clearwater river; thence due north of the forty-ninth parallel of latitude; thence east, along that parallel to the thirty-ninth degree of longitude west of Washington; thence south, along that degree of longitude to the crest of the Bitter Root mountains; thence southward along the crest of the Bitter Root mountains till its intersection with the Rocky mountains; thence southward along the crest of the Rocky mountains to the thirty-fourth degree of longitude west of Washington: thence south along that degree of longitude to the forty-second degree of north latitude; thence west, along that parallel, to the eastern boundary of the state of Oregon; thence north, along that boundary, to the place of beginning.

ARTICLE XVIII.
COUNTY ORGANIZATION.

SECTION 1. The several counties of the territory of Idaho, as they now exist, are hereby recognized as legal subdivisions of this state.

SEC. 2. No county seat shall be removed unless upon petition of a majority of the qualified electors of the county, and unless two-thirds of the qualified