« AnteriorContinuar »
shall give or promise to give such consideration of subjects within the territorial limits of the
| The power to tax corporations and corporate
revenue shall never exceed in the aggregate at In trials of contested elections, and in pro- any one time one million of dollars. ceedings for the investigation of elections, no. All laws authorizing the borrowing of money person shall be permitted to withhold his testi- by and on behalf of the State shall specify the mony upon the ground that it may criminate purpose for which the money is to be used, and himself or subject him to public infamy; but the money so borrowed shall be used for the pursuch testimony shall not afterwards be used pose specified and no other. against him in any judicial proceeding, except The credit of the Commonwealth shall not be for perjury in giving such testimony.
pledged or loaned to any individual, company, No person shall be qualified to serve as an corporation, or association, nor shall the Comelection officer who shall hold, or shall within monwealth become a joint owner or stockholder two months have held any office, appointment, in any company, association, or corporation. or employment in or under the Government of The General Assembly shall not authorize any the United States, or of this State, or of any city county, city, borough, township, or incorporated or county, or of any municipal board, commis- i district to become a stockholder in any company, sion, or trust in any city, save only justices of association, or corporation, or to obtain or apthe peace and aldermen, notaries public, and propriate money for or to loan its credit to any persons in the militia service of the State; nor corporation, association, institution, or individshall any election officer be eligible to any civil ual. office to be filled at an election at which he shall The debt of any county, city, borough, townserve, save only to such subordinate municipal ship, school district, or other municipality, or or local offices below the grade of city or county incorporated district, except as herein provided, offices as shall be designated by general law. shall never exceed seven per centum upon the
The courts of common pleas of the several assessed value of the taxable property therein, counties of the Commonwealth shall have power nor shall any such municipality or distrtct incur within their respective jurisdictions to appoint any new debt, or increase its indebtedness to an overseers of election to supervise the proceed amount exceeding two per centum upon such asings of election officers, and to make report to sessed valuation of property without the assent the court as may be required; such appoint of the electors thereof, at à public election, in ments to be made for any district in a city or such manner as shall be provided by law, but county, upon petition of five citizens, lawful any city, the debt of which now exceeds seven per voters of such election districts, setting forth centum of such assessed valuation, may be authorthat such appointment is a reasonable precaution ized by law to increase the same three per cent to secure the purity and fairness of elections ; um in the aggregate at any one time upon such overseers shall be two in number for an election valuation. district, shall be residents therein, and shall be The Commonweath shall not assume the debt, persons qualified to serve upon election boards, or any part thereof, of any city, county, borough and in each case members of different political or township, unless such debt shall have been parties; whenever the members of an election contracted to enable the State to repel invasion, board shall differ in opinion, the overseers, if suppress domestic insurrection, defend itself in they shall be agreed thereon, shall decide the time of war, or to assist the State in the diaquestion of difference; in appointing overseers of charge of any portion of its present indebted. election, all the law judges of the proper court, ness. able to act at the time, shall concur in the ap-! Any county, township, school district, or pointments made.
other municipality incurring any indebtedness,
shall, at or before the time of so doing, provide ARTICLE IX.
for the collection of an annual tax sufficient to Taxation and Finance.
pay the interest and also the principal thereof All taxes shall be uniform upon the same class I within thirty years.
To provide for the payment of the present exclusive privileges, ander which a bona fide State debt, and any additional debt contracted organization shall not have taken place and as aforesaid, the General Assembly shall con- business been commenced in good faith at the tinue and maintain the sinking fund sufficient time of the adoption of this constitution, shall to pay the accruing interest on such debt, and thereafter have no validity. annually to reduce the principal thereof by a The General Assembly shall not remit the for sum not less than two hundred and fifty thousand feiture of the charter of any corporation now exdollars; * * and unless in case of war, isting, or alter or amend the same, or pass any invasion, or insurrection, no part of the said other general or special law for the benefit of such sinking fund shall be used or applied otherwise corporation except upon the condition that such than in the extinguishment of the public debt. corporation shall thereafter hold its charter sub
The moneys of the State, over and above theject to the provisions of this constitution. necessary reserve, shall be used in the payment | The exercise of the right of eminent domain of the debt of the State, either directly or shall never be abridged or so construed as to through the sinking fund, and the moneys of the prevent the General Assembly from taking the sinking fund shall never be invested in or loaned property and franchises of incorporated compaupon the security of anything except the bonds nies, and subjecting them to public use, the same of the United States or of this State.
as the property of individuals; and the exercise The moneys held as necessary reserve shall be of the police power of the State shall never be limited by law to the amount required for cur abridged or so construed as to permit corporarent expenses, and shall be secured and kept as tions to conduct their business in such manner may be provided by law.
as to infringe the equal rights of individuals or The making of profit out of the public moneys, the general well being of the State. or using the same for any purpose not author- In all elections for directors or managers of a ized by law, by any officer of the State or mem- corporation, each member or shareholder may ber or officer of the General Assembly, shall be cast the whole number of his votes for one cana misdemeanor, and shall be punished as may be didate, or distribute them upon two or more provided by law, bnt part of such punishment candidates, as he may prefer. shall be a disqualification to hold office for a No foreign corporation shall do any business period of not less than five years.
in this State without having one or more known ARTICLE X.
places of business, and an authorized agent or Education.
agents in the same, upon whom process may be
served. The General Assembly shall provide for the No corporation shall engage in any business maintenance and support of a thorough and other than that expressly authorized in its charefficient system of public schools, wherein all I ter, nor shall it take or hold any real estate, e the children of this Commonwealth, above the cept such as may be necessary and proper for its age of six years, may be educated, and shall ap- legitimate business. propriate at least one million dollars each year No corporation shall issue stocks or bonds for that purpose.
except for money, labor done, or money or propNo money raised for the support of the public
erty actually received; and all fictitious increase schools of the Commonwealth shall be appropri- of stock or indebtedness shall be void; the stock ated to or used for the support of any sectarian and indebtedness of corporations shall not be school.
increased except in pursuance of general law, Women twenty-one years of age and upwards nor without the consent of the persons holding shall be eligible to any office of control or man
the larger amount in value of the stock first obagement under the school laws of this State. tained at a meeting to be held after sixty days' ARTICLE XI.
notice given in pursuance of a law. Militia.
Municipal and other corporations and individThe General Assembly * * may exempt uals invested with the privilege of taking private from military service persons having conscien- / property for public use shall make just compentious scruples against bearing arms.
sation for property taken, injured, or destroyed
by the construction or enlargement of their ARTICLE XIV.
works, highways, or improvements, which comCounty Officers.
pensation shall be paid or secured before such In counties containing over one hundred and taking, injury, or destruction. The General fifty thousand inhabitants, all county officers Assembly is hereby prohibited from depriving shall be paid by salary. * *
any person of an appeal from any preliminary Three county commissionere and three county
assessment of damages against any such corporaauditors shall be elected in each county where
tions or individuals, made by viewers or othersuch officers are chosen, in the year one thous-wise; and the amount of such damages, in all and eight hundred and seventy-five, and every
cases of appeal, shall, on the demand of either third year thereafter; and in the election of
party, be determined by a jury according to the said officers each qualified elector shall vote for
course of the common law. no more than two persons, and the three per Every banking law shall provide for the reg. sons having the highest pamber of yotes shall
istry and countersigning by an officer of the be elected.
State, of all notes or bills designed for circulation, ARTICLE XVI.
and that ample security to the full amount thereof Private Corporations."
shall be deposited with the Auditor General for All existing charters, or grants of special or the redemption of such notes or bills.
The General Assembly shall have the power any railroad shall be delivered at any station to alter, revoke, or annul any charter of incor- at charges not exceeding the charges for transporation now existing and revocable at the adop- portation of persons and property of the same tion of this constitution, or any that may here- class in the same direction to any more distant after be created, whenever in their opinion it station; but excursion and commutation tickets may be injurious to the citizens of this Common- may be issued at special rates. wealth, in such manner, however, that no injus- No-railroad, canal, or other corporation, or the tice shall be done to the corporators. No law lessees, purchasers, or managers of any railroad hereafter enacted shall create, renew, or extend or canal corporation, shall consolidate the stock, the charter of more than one corporation. property, or franchises of such corporation with,
No corporate body to possess banking and dis- or lease or purchase the works or franchises of, counting privileges shall be created or organized or in any way control any other railroad or in pursuance of any law without three months' canal corporation owning or having under its previous public notice at the place of the intended control a parallel or competiting line, nor shall location, of the intention to apply for such priv- any officer of such railroad or canal corporation ileges, in such manner as shall be prescribed by act as an officer of any other railroad or canal law, nor shall a charter for such privilege be corporation owning or having the control of a granted for a longer period than twenty years. parallel or competing line, and the question
Any association or corporation organized for whether railroads or canais are parallel or comthe purpose, or any individual, shall have the peting lines shall, when demanded by the party right to construct and maintain lines of telegraph complainant, be decided by a jury as in other within this State, and to connect the same with civil issues. other lines; and the General Assembly shall, by No incorporated company doing the businesc of general law of uniform operation, provide reason- a common carrier shall, directly or indirectly, able regulations to give full effect to this section. prosecute or engage in mining or manufacturing No telegraph company shall consolidate with or articles for transportation over its works, nor hold a controlling interest in the stock or bonds shall such company, directly or indirectly, en. of any other telegraph company owning a com-gage in any other business than that of common peting line, or acquire, by purchase or otherwise, carriers, or hold or acquire lands, freehold or any other competing line of telegraph.
| leasehold, directly or indirectly, except such as The term “corporations," as used in this arti- shall be necessary for carrying on its business; cle, shall be construed to include all joint stock but any mining or manufacturing company may companies or associations having any of the carry the products of its mines and manufactopowers or privileges of corporations not possessed ries on its railroad or canal not exceeding fifty by individuals or partnerships.
miles in length. ARTICLE XVII.
No president, director, officer, agent, or em
ployee of any railroad or canal company shall Railroads and Canals.
be interested, directly or indirectly, in the furAll railroads and canals shall be public high- nishing of material or supplies to such company, ways, and all railroad and canal companies shall or in the business of transportation as a common be common carriers. Any association or corpo-carrier of freight or passengers over the works ration organized for the purpose shall have the owned, leased, controlled, or worked by such right to construct and operate a railroad between company. any points within this State and to connect at No discrimination in charges or facilities for the State line with railroads of other States. transportation shall be made between transEvery railroad company shall have the right portation companies and individuals, or in favor with its road to intersect, connect with, or cross of either, by abatement, drawback, or otherwise, any other railroad, and shall receive and trans- and no railroad or canal company, or any lessee, port each the others' passengers, tonnage, and manager, or employee thereof, shall make any cars, loaded or empty, without delay or discrim- preferences in furnishing cars or motive power. ination.
No railroad, railway, or other transportation Every railroad and canal corporation organ- company shall grant free passes or passes at a ized in this State shall maintain an office therein, discount, to any persons except officers or emwhere transfers of its stock shall be made, and ployees of the company. where its books shall be kept for inspection by No street passenger railway shall be conany stockholder or creditor of such corporation, structed within the limits of any city, borough, in which shall be recorded the amount of capital or township, without the consent of its local stock subscribed or paid in, and by whom, the authorities. names of the owners of its stock and the amounts No railroad, canal, or other transportation owned by them, respectively, the transfers of said company, in existence at the time of the adoption stock, and the names and places of residence of this article, shall have the benefit of any future of its officers.
legislation by general or special laws, except on All individuals, associations, and corporations condition of complete acceptance of all the proshall have equal right to have persons and prop- visions of this article. erty transported over railroads and canals, and The existing powers and duties of the Auditor no undue or unreasonable discrimination shall General, in regard to railroads, canals, and other be made in charges for or in facilities for trans- transportation companies, except as to their acportation of freight or passengers within the counts, are hereby transferred to the Secretary State, or coming from or going to any other of Internal Affairs, who shall have a general State. Persons and property transported over supervision over them, snbject to such regulaTexas.
tions and alterations as shall be provided by Sec. 3. The Supreme Court shall have appellate law; and in addition to the annual reports now jurisdiction only, which, in civil causes and in required to be made, said secretary may require criminal causes, shall be co-extensive with the special reports at any time, upon any subject limits of the State. Appeals from interlocutory relating to the business of said companies, from judgments may be allowed, with such exceptions any officer or officers thereof.
and under such regulations as the Legislature The General Assembly shall enforce, by appro- may prescribe. The Supreme Court and the judges priate legislation, the provisions of this article. thereof shall have power to issue the writ of
[The new constitution was adopted by the habeas corpus, and, under such regulations as constitutional convention elected in the fall of may be prescribed by law, inay iseue the writ of 1872, and was adopted by the people at a special mandamus and such other writs as may be ne election held on the 16th day of December, 1873, cessary to enforce its own jurisdiction. The by a vote of 252,744 yeas to 108,594 nays. By Supreme Court shall also have power to ascertain authority of an act passed at the late session of such matters of fact as may be necessary to the the General Assembly, Governor HARTRANFT proper exercise of its jurisdiction. has appointed the Chief Justice of the State, the SEO. 4. The Supreme Court shall hold its sesAttorney General, an ex-Attorney General, a sions at the capital and two other places in the common pleas judge, and three other eminent State. citizens a commission to propose amendments.]
ARTICLE XII. .
SEC. 28. In each and every organized county Section 6 of article X of the Constitution has lector of taxes elected by the people at the next
in the State there shall be an assessor and colbeen so amended as to read as follows, having
ensuing general election, and every four years been ratified at the election of 1872, and by the
thereafter, who shall assess the property and Legislature of 1873:
collect the taxes so assessed, in conformity to Sec. 6. The Legislature shall not hereafter
erearter such laws as now exist, or may be enacted heregrant lands, except for purposes of internal im
after by the Legislature, relative to the assessprovement, to any person or persons, nor shall
ment and collection of taxes. any certificate for land be sold at the land office,
SEC. 40. The Legislature shall not pass local except to actual settlers upon the same, and in lor special laws in any of the following enumerlots not exceeding one hundred and sixty acres: 1 ated cases : that is to say, for locating or chang. Provided, That the Legislature shall not granting county seats; regulating county or town out of the public domain more than twenty sec- l affairs : regulating the practice in courts of justions of land for each mile of completed work, in tice: regulating the duties and jurisdiction of aid of the construction of which land may be justices of the peace and constables ; providing granted: And provided further, That nothing in | for changes of venue in civil and criminal causes; the foregoing proviso shall affect any rights
incorporating cities and towns, or changing or granted or secured by laws passed prior to the
amending the charter of any city or village; profinal adoption of this amendment.
viding for the management of common schools ; .. The following amendments were proposed by regulating the rates of interest on money ; rethe Legislature of 1873, understood to have been
mitting fines, penalties, or forfeitures; changing ratified at the election in December, 1873, were
the law of descent. In all other cases, when a ratified by the Legislature of 1874, and pro
general law can be made applicable, no special claimed by the Governor January 27, 1874: law shall be enacted; or in any case when a ARTICLE I.
general law can be made applicable, no special
law shall be enacted. The Legislature shall Bill of Rights.
enact general laws providing for the cases before Srs. 20. No power of suspending laws in the enumerated in this section, and for all other cases State shall be exercised except by the Legisla- which, in its judgment, may be provided by genture.
Virginia. SEC. 2. The Supreme Court shall consist of one! In 1872, by popular vote of 40,166 for striking chief justice and four associate justices, any three out and 21,326 against, the following clause of the of whom shall constitute a quorum. They shall constitution, which had been adopted 1869, was be appointed by the Governor, by and with the stricken out: advice and consent of the Senate, for a term of|
Usury. nine years. All vacancies shall be filled for the “Upon debts hereafter contracted it shall be unexpired term. If a vacancy shall occur or a lawful to receive any rate of interest, not exceedterm shall expire when the Senate is not in ses- ing twelve per centum per annum, which may be sion, the Governor shall fill the same by appoint-agreed upon by the parties and be specified in the ment, which shall be sent to the Senate within bond, note, or other writing evidencing the debt. ten days after that body shall assemble; and if When there is no such agreement the rate of innot confirmed, the office shall immediately become terest shall be six per centum per annum for the vacant.
| use and forbearance of every hundred dollars."
VII. THE ACTION OF THE PRESIDENT IN THE AFFAIRS OF THE STATES OF ALABAMA, ARKANSAS,
LOUISIANA. AND TEXAS.
[The following papers are gathered from Senate now holding certificates of election as RepresentReport No. 457, 42d Cong., 3d session, and from atives from Marengo shall not vote upon or in said House Exec. Doc. No. 91, 42d Cong., 3d session, temporary organization, nor shall any business as to LOUISIANA; from House Exec. Doc. No. 229, other than deciding the contest as to said county parts 1 and 2, and Senate Exec. Doc. No. 51,43d be transacted during such organization. Cong., 1st session, as to ARKANSAS; and from the Fourth. When such contest is determined, the records of the Attorney General's office as to ALA House shall make a permanent organization in BAMA and TEXAS.]
the usual way.
Fifth. On said , the — inst., the Senate Alabama.
Chamber shall be vacant, and at 12 o'clock the Attorney General to State Senator Hamilton. persons holding certificates of election as Sena
tors shall assemble therein, and organize with the WASHINGTON, Dec. 11, 1872. T Lientenant Gove
Lieutenant Governor presiding, with the person SIR: I enclose copy of a plan of compromise holding the certificate of Secretary Rayland in which I have determined to propose to the bodies his seat, as the only Senator from Barbour counnow in session at Montgomery claiming respect-ty; and the votes for Senator in Marengo county ively to be the General Assembly of Alabama.
shall be counted in the same way, and upon the I have carefully considered your suggestions same kind of evidence as is hereinbefore provided as to its modification, and am constrained to say for the House contest as to said county, and upon that they do not accord with my views of the such count the person found to have the highest right of the case.
number of votes for Senator from said county I believe the arrangement which I have sug- I shall be seated as such; but the person now gested a fair and equitable one, and I hope that holding the certificate of election to the Senate hoth parties will deem it wise and prudent to from said county shall not vote upon any quessettle the unhappy controversy in which they tion while the contest about his seat is pendare now involved in accordance with it.
ing. And then the contest as to the district Yours, very truly, Geo. H. WILLIAMS,
comprising the counties of Butler and Conecul Attorney General.
shall be decided in the same way and upon the
same kind of evidence, and the person now holdAttorney General's Plan of Compromise. ing the certificate of election as Senator from said Two organizations at Montgomery, Alabama,
district shall not vote upon any question before claiming to be the General Assembly of that
10: he is declared elected upon a count of the votes State, have appealed to the President, and with
of said district as aforesaid, nor shall the Senate his approval I submit, as a plan of compromising
do any other business before these contests are the difficulty, the following:
settled. First. Officers of each organization shall ten
No person not holding a certificate of election
shall take a seat in either body until his right der their resignations, to take effect upon the permanent organization of a House of Repre
thereto is affirmed as above founded. Bentatives, as hereinafter provided.
All those claiming to be members and seated Second. On the inst. the hall of the House
in either organization shall be allowed mileage in the Capitol shall be vacant, and at 12 o'clock , and per diem compensation prior to the tempoof that day all the persons holding the certifi-faryo
rary organization as herein before provided for,
after which persons holding certificates of eleccates of Secretary Rayland shall be the only Representatives seated from Barbour county,
tion from Secretary Parker for Barbour county and shall make in the usual manner a temporary
shall cease to draw pay; and those contesting organization.
the seats for Marengo and the district of Butler Third. Two tellers, one Republican and one
and Conecuh who are finally excluded shall be Democrat, shall be appointed by the speaker
allowed per diem pay until said contests are repro tem., who shall publicly and in the presence
spectively ended ; and the officers and employees of the House count the votes cast for Represent
of each organization shall be paid the usual comatives in the county of Marengo; and for that
GEO. H. WILLIAMS, purpose they shall take the returns of the pre
Attorney General. cinct inspectors of said county, or, in case they cannot be procured, the evidence of said inspect
Attorney General to the Governor. ors, so far as the same may be necessary to ascer
• WASHINGTON, Dec. 11. tain the actual vote cast as aforesaid, and the Hon. David P. LEWIS, Governor of Alabama: persons found upon such count to have the high-/ I advise that no military or other force be emest number of votes for Representative shall be ployed, and both bodies of the Assembly allow seated as such from said county; but the persons / matters to remain as they are until a plan of