so stricken off and added to another county, or formed in whole or in part into a new county, shall be holden for and obliged to pay its proportion of the indebtedness of the counties from which it has been taken. SEC. 4. [Election.]—The legislature shall provide by law for the election of such county and township officers as may be necessary. SEC. 5. [Township organization.]-The legislature shall provide by general law for township organization, under which any county may organize whenever a majority of the legal voters of such county, voting at any general election shall so determine; and in any county that shall have adopted a township organization, the question of continuing the same may be submitted to a vote of the electors of such county at a general election in the manner that shall be provided by law. ARTICLE [XI.-CORPORATIONS. RAILROAD CORPORATIONS. SECTION 1. [Public office.]-Every railroad corporation organized or doing business in this state, under the laws or authority thereof, or of any other state or of the United States, shall have and maintain a public office or place in this state for the transaction of its business, where transfers of stocks shall be made, and in which shall be kept, for public inspection, books in which shall be recorded the amount of capital stock subscribed, and by whom, the names of the owners of its stock, and the amounts owned by them respectively, the amount of stock paid in and by whom, the transfers of said stock, the amount of its assets and liabilities, and the names and places of residence of its officers. The directors of every railroad corporation, or other parties having control of its road, shall annually make a report, under oath to the auditor of public accounts, or some officer to be designated by law, of the amount received from passengers and freight, and such other matters relating to railroads as may be prescribed by law. And the legislature shall pass laws enforcing. by suitable penalties the provisions of this section. SEC. 2. [Property liable to sale on execution.]-The rolling stock and all other movable property belonging to any railroad company or corporation in this state shall be liable to execution and sale in the same manner as the personal property of individuals, and the legislature shall pass no law exempting any such property from execution and sale. SEC. 3. [Consolidation of stock.]-No railroad corporation or telegraph company shall consolidate its stock, property, franchises, or earnings, in whole or in part, with any other railroad corporation or telegraph company owning a parallel or competing line, and in no case shall any consolidation take place except upon public notice of at least sixty days to all stockholders in such manner as may be provided law. SEC. 4. [Rates of charges.]-Railways heretofore constructed, or that may hereafter be constructed in this state, are hereby declared public highways, and shall be free to all persons for the transportation of their persons and property thereon, under such regulations as may be prescribed by law. And the legislature may from time to time pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this state. The liability of railroad corporations as common carriers shall never be limited. SEC. 5. [Increase of stock and bonds.]-No railroad corporation shall issue any stock or bonds, except for money, labor, or property actually received and applied to the purposes for which such corporation was created, and all stock, dividends, and other fictitious increase of the capital stock or indebtedness of any such corporation SEC. 5. To adopt township organization a majority of all the legal voters of the county, voting at the general election at which the question is submitted, is required. State v. Lancaster County. 6 Neb., 483. Adoption by county does not shorten terms of county officers. State v. Hedlund, 16 Neb., 567. SEC. 3. Word "consolidate" used in the sense of "join" or "unite," State v. A. & N. R. R.. 24 Neb., 164, SEC. 4. Carriers cannot limit common law liability by special agreement with shipper. M. P. R. Co. v. Vandeventer, 26 Neb., 222. Cited State v. M. P. R. Co., 29 Neb.,-. SEC. 5. Cited State v. A. & N. E. R., 24 Neb., 164. shall be void. The capital stock of railroad corporations shall not be increased for any purpose, except after public notice for sixty days, in such manner as may be provided by law. SEC. 6. [Eminent domain.]-The exercise of the power and the right of eminent domain shall never be so construed or abridged as to prevent the taking, by the legislature, of the property and franchises of incorporated companies already organized or hereafter to be organized, and subjecting them to the public necessity, the same as of individuals. SEC. 7. [Abuses to be regulated by law.]-The legislature shall pass laws to correct abuses and prevent unjust discrimination and extortion in all charges of express, telegraph, and railroad companies in this state, and enforce such laws by adequate penalties to the extent, if necessary for that purpose, of forfeiture of their property and franchises. SEC. 8. [Railroads organized in other states.]-No railroad corporaton, organized under the laws of any other state, or of the United States, and doing business in this state, shall be entitled to exercise the right of eminent domain, or have power to acquire the right of way, or real estate for depot or other uses, until it shall have become a body corporate pursuant to and in accordance with the laws of this state. MUNICIPAL CORPORATIONS. SECTION 1. [Subscriptions.]-No city, county, town, precinct, municipality, or other sub-division of the state, shall ever become a subscriber to the capital stock, or owner of such stock, or any portion or interest therein, of any railroad or private corporation, or association. MISCELLANEOUS CORPORATIONS. SECTION 1. [Incorporations to be by general law.]—No corporation shall be created by special law, nor its charter extended, changed, or amended, except those for charitable, educational, penal, or reformatory purposes, which are to be and remain under the patronage and control of the state, but the legislature shall provide by general laws for the organization of all corporations hereafter to be created. All general laws passed pursuant to this section may be altered from time to time, or repealed. SEC. 2. [Street railroads.]-No such general law shall be passed by the legislature granting the right to construct and operate a street railroad within any city, town, or incorporated village, without first requiring the consent of a majority of the electors thereof. SEC. 3. [Suits.]-All corporations may sue and be sued in like cases as natural persons. SEC. 4. [Liabilities of subscribers to stock.]-In all cases of claims against corporations and joint stock associations, the exact amount justly due shall be first ascertained, and after the corporate property shall have been exhausted, the original subscribers thereof shall be individually liable to the extent of their unpaid subscription, and the liability for the unpaid subscription shall follow the stock. SEC. 5. [Elections.]-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 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 SEC. 7. Cited State v. M. P. R. Co., 29 Neb., —. SEC. 8. Foreign corporations cannot exercise powers of eminent domain. State v. Scott, 22 Neb., 642. Trester 7. M. P. R. R., 23 Neb., 247. Foreign corporation consolidating with domestic, under laws of Nebraska, becomes body corporate in this state, and is not a foreign corporation. State v. C., B. & Q, R. R., 25 Neb., 161. MIC PAL C RPORATIO 8.-Special act authorizing a county to issue funding bonds, Heat, Valid. Commissioners v. People, 5 Neb., 127. Legislature has power to create state university as a public corporation. Regents v. McConnell, 5 Neb., 427. Special acts authorizing certain named school districts to issue school bonds, Held, Invalid. Clegg v. School District, 8 Neb., 178. Special act authorizing a city to issue bonds for court house, Held, Invalid. Dundy v. Richardson County, 8 Id., 518. In voting upon giving consent to building of street railroad, affirmative of proposition must receive a majority of all the votes cast at such election. State v. Bechel, 22 Neb., 161. DE.. 1. New and additional burdens may be placed on corporations. State v. C., B. & Q. R. R. Co., 29 Neb.,-. SEC. 4. Section limits liability of members of corporation so long as there is substantial compliance with law governing its organization. Smith v. Steele, 8 Neb., 118. 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 upon the same principle among as many candidates as he shall think fit; and such directors or managers shall not be elected in any other manner. SEC. 6. All existing charters or grants of special or exclusive privileges under which organization shall not have taken place, or which shall not be in operation within sixty days from the time this constitution takes effect, shall thereafter have no validity or effect whatever. SEC. 7. [Stockholders in banks.]-Every stockholder in a banking corpor ation or institution shall be individually responsible and liable to its creditors, over and above the amount of stock by him held, to an amount equal to his respective stock or shares so held, for all its liabilities accruing while he remains such stockholder; and all banking corporations shall publish quarterly statements, under oath, of their assets and liabilities. ARTICLE [XII.] STATE, COUNTY, AND MUNICIPAL INDEBTEDNESS. SECTION 1. [Debts.]-The state may, to meet casual deficits or failures in the revenues, contract debts never to exceed in the aggregate one hundred thousand dollars; and no greater indebtedness shall be incurred except for the purpose of repelling invasion, suppressing insurrection, or defending the state in war; and provision shall be made for the payment of the interest annually, as it shall accrue, by a tax levied for the purpose, or from other sources of revenue, which law providing for the payment of sucb interest by such tax shall be irrepealable until such debt be paid. SEC. 2. [Donations.]-No city, county, town, precinct, municipality, or other subdivision of the state, shall ever make donations to any railroad or other works of internal improvement, unless a proposition so to do shall have been first submitted to the qualified electors thereof at an election by authority of law; Provided, That such donations of a county with the donations of such subdivisions in the aggregate shall not exceed ten per cent of the assessed valuation of such county; Provided further, That any city or county may, by a two-thirds vote, increase such indebtedness five per cent., in addition to such ten per cent., and no bonds or evidences of indebtedness so issued shall be valid unless the same shall have endorsed thereon a certificate signed by the secretary and auditor of state, showing that the same is issued pursuant to law. SEC. 3. The credit of the state shall never be given or loaned in aid of any individual, association, or corporation. ARTICLE [XIII]-MILITIA. SECTION 1. The legislature shall determine what persons hall constitute the militia of the state, and may provide for organizing and disciplining the same. ARTICLE [XIV.]-MISCELLANEOUS PROVISIONS. SECTION 1. [Oath of officers.]-Executive and judicial officers and members of the legislature, before they enter upon their official duties, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the state of Nebraska, and will faithfully discharge the duties of according to the best of my ability, and that at the election at which I was chosen to fill said office I have Aid SEC. 1. Section evidently applicable to state alone-not counties or cities. Hallenbeck v. Hahn, 2 Neb., $99. The article cited State v. Seavey, 22 Neb., 46s. In re State Warrants, 25 Neb., 661. SEC. 2. Acts in reference to voting bonds to aid railroads are valid. Haflenbeck v. Hahn, 2 Neb., 423. cannot be voted exceeding ten per cent of assessed valuation of county, and two-thirds vote necessary. Reineman Vs. C. C. & B. H. R. R. Co., 7 Neb., 313. But limitation does not prohibit precinct from voting aid in addition to that voted by county. State v. Lancaster County, 6 Neb., 415. Jones v. Hurlbut, 13 Neb., 131. State v. Babcock, 19 Neb., 236. Limitation upon county indebtedness relates solely to such as is created to aid in the construction of works of internal improvement. De Clerq v. Hager, 12 Neb., 187. People cannot delegate to county commissioners authority to determine which of two works shall be the recipient of aid voted. Jones v. Hurlbut, 13 Neb., 132. Spurek v. L. & N. W. R. R., 14 Neb., 294. Fees for registering bonds must be paid to auditor. State v. Wallichs, 16 Neb., 110. Bonds for water works of city, or for city debts, are not within the limitation of this section. State v. Babcock, 19 Neb., 228. 236. The certificate of auditor and secretary of state is an imperative requirement, without which bonds are incomplete on their face. State v. Roggen, 22 Neb., 125. See note to chap. 57 as to what are internal improvements. not improperly influenced in any way the vote of any elector, and have not accepted, nor will I accept or receive, directly or indirectly, any money or other valuable thing from any corporation, company, or person, or any promise of office for any official act or influence (for any vote I may give or withhold on any bill, resolution, or appropriation)." Any such officer or member of the legislature who shall refuse to take the oath herein prescribed, shall forfeit his office, and any person who shall be convicted of having sworn falsely to, or of violating his said oath, shall forfeit his office, and thereafter be disqualified from holding any office of profit or trust in this state, unless he shall have been restored to civil rights. SEC. 2. [Who ineligible to office.]-Any person who is in default as collector and custodian of public money or property, shall not be eligible to any office of trust or profit under the constitution or laws of this state; nor shall any person convicted of felony be eligible to office unless he shall have been restored to civil rights. SEC. 3. Drunkenness shall be cause of impeachment and removal from office. ARTICLE [XV.]—AMENDMENTS. SECTION 1. [How made.]-Either branch of the legislature may propose amendments to this constitution, and if the same be agreed to by three-fifths of the members elected to each house, such proposed amendments shall be entered on the journals, with the yeas and nays, and published once each week in at least one newspaper in each county, where a newspaper is published, for three months immediately preceding the next election of senators and representatives, at which election the same shall be submitted to the electors for approval or rejection, and if a majority of the electors voting at such election adopt such amendments, the same shall become a part of this constitution. When more than one amendment is submitted at the same election, they shall be so submitted as to enable the electors to vote on each amendment separately. SEC. 2. [Convention to revise.]-When three-fifths of the members elected to each branch of the legislature deem it necessary to call a convention to revise, amend, or change this constitution, they shall recommend to the electors to vote at the next election of members of the legislature for or against a convention; and if a majority Voting at said election vote for a convention, the legislature shall, at its next session, provide by law for calling the same. The convention shall consist of as many members as the house of representatives, who shall be chosen in the same manner, and shall meet within three months after their election for the purpose aforesaid. No amendment or change of this constitution, agreed upon by such convention, shall take effect until the same has been submitted to the electors of the state, and adopted by a majority of those voting for and against the same. ARTICLE [XVI.] SCHEDULE. SECTION 1. [Rights preserved.]—That no inconvenience may arise from the revisions and changes made in the constitution of this state, and to carry the same into effect, it is hereby ordained and declared that all laws in force at the time of the adoption of this constitution, not inconsistent therewith, and all rights, actions, prosecutions, claims, and contracts of this state, individuals, or bodies corporate, shall continue to be as valid as if this constitution had not been adopted. SEC. 2. All fines, taxes, penalties, and forfeitures owing to the state of Nebraska, or to the people thereof, under the present constitution and laws, shall inure to the use of the people of the state of Nebraska under this constitution. SEC. 3. Recognizances, bonds, obligations, and all other instruments entered into or executed upon the adoption of this constitution, to the people of the state of Nebraska, to the state of Nebraska, to any state or county officer, or public body, SEC. 1. Votes necessary to adopt an amendment must be a majority of all those cast in the state at that elMon for senators and representatives. State v. Babcock, 17 Neb., 188. Method of submitting amendments stated; may be in dual form. In re Senate File 31, 25 Neb., 864. SE. 1. Cited State v. Lancaster County. 4 Neb., 539. Cox v. Tyler, 6 Neb., 302. In re Board of Public Lands and Buildings, 18 Neb. 341. shall remain binding and valid, and rights and liabilities upon the same shall continue, and all crimes and misdemeanors shall be tried and punished as though no change had been made in the constitution of this state. SEC. 4. [Jurisdiction of courts.]—All existing courts which are not in this constitution specifically enumerated, and concerning which no other provision is herein made, shall continue in existence, and exercise their present jurisdiction until otherwise provided by law. SEC. 5. [Persons to continue in office.]-All persons now filling any of fice or appointment, shall continue in the exercise of the duties thereof, according to their respective commissions, elections, or appointments, unless by this constitution it is otherwise directed. SEC. 6. The district attorneys now in office shall continue during their unexpired terms to hold and exercise the duties of their respective offices in the judicial districts herein created, in which they severally reside. In each of the remaining districts one such officer shall be elected at the first general election, and hold his office until the expiration of the terms of those now in office. SEC. 7. This constitution shall be submitted to the people of the state of Nebraska, for adoption or rejection, at an election to be held on the second Tuesday of October, A.D. 1875, and there shall be separately submitted at the same time, for adop tion or rejection, the independent article relating to "Seat of government," and the independent article "Allowing electors to express their preference for United States sen ator." SEC. 8. [Election.]—At said election the qualified voters shall vote at the usual places of voting, and the said election shall be conducted and the returns thereof made according to the laws now in force regulang general elections, except as herein otherwise provided. SEC. 9. The secretary of state shall, at least twenty days before said elec tion, cause to be delivered to the county clerk of each county, blank poll-books, tally lists, and forms of return, and twice as many of properly prepared printed ballots for the said election as there are voters in such county, the expense whereof shall be audited and paid as other public printing ordered by the secretary is by law required to be audited and paid; and the several county clerks shall, at least five days before said election, cause to be distributed to the judges of election, in each election precinct in their respective counties, said blank poll-books, tally lists, forms of return, and tickets. SEC. 10. [Forms of ballot.]-At the said election the ballots shall be of the following form: For the new constitution. Against the new constitution. For the article relating to "Seat of government." Against the article relating to "Seat of government." For the article "Allowing electors to express their preference for United States senator." Against the article "Allowing electors to express their preference for United States senator." SEC. 11. [Returns of election.]-The returns of the whole vote cast, and of the votes for the adoption or rejection of this constitution, and for or against the articles respectively submitted shall be made by the several county clerks to the secretary of state, within fourteen days after the election, and the returns of the said vote, shall, within three days thereafter, be examined and canvassed by the president of this convention, the secretary of state, and the governor, or any two of them, and proclamation shall be made forthwith by the governor, or the president of this convention, of the result of the canvass. SEC. 4. Judicial functions of notary public are continued by this setion. Dogge v. State, 21 Neb., 280. |
