1 for labor done upon it; or, in others, upon the subject-matter of their labor." So, in two others, that the Legislature shall pass laws to protect laborers on public works, railroads, and canals against failure of the contractors to pay their current wages when due, and to make the corporation or individual for whose benefit the work is done responsible for their ultimate payment.3 § 458. Blacklists. — The exchange of blacklists by railroad companies or other corporations, associations, or persons, is prohibited. 4 § 459. Strikes and Boycotts. -There is as yet no Constitutional provision relating to these matters. For injunctions, contempts, etc., see § 662. 5 $460. Factories, Mines, etc. The Legislature are required to pass laws for the protection of miners (as by escapement shafts, ventilation, etc.), or workmen in factories, or employments dangerous to life and deleterious to health, or on railroads." 9 § 461. State Inspectors of mines, factories, etc., are in some States provided for in the Constitution. § 462. Employers' Liability. (See also § 535.) The right of action to recover damages for injuries resulting in death, shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation. 10 The defence of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact, and shall, at all times, be left to the jury." 37. Statutes to this effect are uni- hereof, a right of action shall accrue versal. 22. 1 Cal., N. C. 2 Ida. 13, 6. La. 185; Tex. 16, 35. to the party injured, for the damage sustained thereby, and in all cases in this state, whenever the death of a person shall be caused by wrongful act, Utah 16, 4; N. D. 212; Wy. 1, neglect or default, such as would, if Any provision of a contract, express or implied, made by any person, by which any of the benefits of this Constitution is sought to be waived, shall be null and void; and so of any such provision stipulating for notice or demand other than such as may be provided by law, as a condition precedent to establish any claim, demand, or liability.' 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 persons, 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." $463. Prison Labor. All labor of convicts confined in the State's prison, shall be done within the prison grounds, except where the work is done on public works under the direct control of the State. So the contracting out of prison labor is prohibited. § 464. Alien Labor. - 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.5 § 465. Arbitration. - 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. 1 Okla. 23, 8-9. 2 Mon. 15, 16; Wy. 10, 4; 19, 1. Ida. 13, 3; Ky. 253; Utah 16, 3. The Legislature shall provide by general law for the working of public roads by contract or by county prisoners, or both. Such law may be put in operation only by a vote of the board of supervisors in those counties where it may be desirable (Miss. 85). 3. Miss. 223; Okla. 23, 2; Utah 16, Ida. 13, 5; Wy. 19, 1. Such provisions may, if a treaty exists, contravene the Federal Constitution. • Ida. 13, 7; Wy. 19, 1. Ida. So, the Legislature shall provide by law for a Board of Labor, Conciliation and Arbitration, which shall fairly represent the interests of both ARTICLE 50. PRIVATE CORPORATIONS $500. Definition. The word corporation, as here used, is declared by the Constitutions of many States to mean all associations or joint stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships.1 § 501. General Principles. — All powers and franchises of corporations are derived from the people and are granted by their agent, the government, for the public good and general welfare, and the right and duty of the State to control and regulate them for these purposes is hereby declared. The power, rights, and privileges of any and all corporations may be forfeited by wilful neglect or abuse thereof. The police power of the State is supreme over all corporations as well as individuals. (See § 506, also.) "Being creatures of the State endowed for the public good with a portion of its sovereign powers, they must be subject to its control." The size and functions of all corporations should be so limited and regulated as to prevent fictitious capitalization, and provision should be made for the supervision and government thereof. No exclusive privileges can be granted to a corporation.5 2 $502. Creation. By the Constitutions of most States, the Legislature is forbidden, generally, to create corporations or to capital and labor. The Board shall perform duties, and receive compensation as prescribed by law (Utah 16, 2). By statute, such boards exist in many States. § 16. 6 Io. 8, 12; Territories. See also Ala. 229; Ark. 12, 2; Cal. 12, 1 & 7; Col. 15, 2; Del. 9, 1; Fla. 1899, p. 1357; Ida. 11, 2; 3, 19; Ind. 1 Ala. 241; Cal. 12, 4; Ida. 11, 16; 11, 13; Ill. 11, 1; Io. 8, 1; Kan. 12, Kan. 12, 6; Ky. 208; La. 268; Mich. 1; La. 275; Me. 4, 3; Md. 3, 48; 1890, 15, 11; Minn. 10, 1; Miss. 199; Mo. 12 195; Mich. 15, 1 & 8; Minn. 10, 2; 11; Mon. 15, 18; N. Y. 8, 3; N. C. 8, Miss. 178, 179; Mo. 12, 2; Mon. 15, 2; 3; N. D. 144; Okla. 9, 1; Pa. 16, 13; Neb. 13, 1; Nev. 8, 1; N. J. 4, 7, 11; S. C. 9, 1; S. D. 17, 19; Utah 12, 4; N. Y. 8, 1; N. C. 8, 1; Va. 153; Wash. 12, 5. In Delaware O. 13, 1; Okla. 9, 38; (9, 4) nothing in the Constitution ap- R. I. Amt. 9; S. C. 9, 2; plies to religious corporations, whose Tex. 12, 1; Tenn. 11, 8; rights remain unaltered except where Va. 154, 167; W. Va. 11, 1; Wash. therein otherwise provided. Okla- 12, 1; 2, 28; Wis. 11, 1; Wy. 10, 1; homa and Virginia except municipal Territories U. S. R. S. 1889; 1886, corporations from this article and define the term charter and license - the latter term, in Virginia, referring to foreign corporations (§ 505). 2 Wy. 10, 2. 3 Wy. 1, 30. • N. H. 2, 82. N. D. 131; 818. In Rhode Island an exception is made of corporations created with the power to exercise the right of eminent domain or acquire franchises in the streets and highways, which must be created by special Act upon petition and notice according to law (§ 302). license foreign corporations by special act. (See also § 395.) Banking corporations may, however, in three States still be created by special act.2 So, the Legislature "shall provide by general laws" for the creation of municipal,3 educational,' charitable, religious, and literary 5 corporations, or for manufacturing, mechanical,' industrial," mining, agricultural, draining," "other useful companies," "2 or for the creation of corporations generally 13 (this last would follow from the principal provision above), or for conducting the business of insurance, banks of discount and deposits (but not of issue), loan, trust, and guaranty associations, railroads, wagon roads, irrigating ditches, the colonization and improvement of lands in connection therewith." Nor can the Legislature by special act change or amend any franchise or charter (save as to corporations above excepted),15 or remit the forfeiture of a charter now existing.16 The Legislature 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 municipality a new liability in respect to transactions or considerations already past."7 3 Cal. 11, 6. Fla. 3, 25; Territories. 8 Territories. Fla., Territories. 10 Fla. In Delaware a general or special incorporation act must have a two-thirds vote of all the members elected in each house; in Rhode Island it must be continued to the next Legislature, and public And in other States an exception is 2 Del., Ind., Md. made of municipal corporations (Col., Del., Ida., La., Md., Me., Mich., Mon., Minn., N. C., N. D., Nev., N. Y., Ore., S. C., Tex., Wis., Territories U. S. 1878, 168) "which are under the control of the State" (Col., Ida., Mon., N. D.); of cases where there is no general act (Me., Md., N. C., N. Y., Wis.); of educational, charitable, penal, or reformatory corporations (Ark., Col., Del., Ida., Ill., Mo., Mon., Neb., N. D., S. C., S. D.); but such corporations Va. if specially chartered must, except in Montana, be under State control. It will be noted that in the northern and eastern States the whole matter of corporations is left to the Legislature to determine by law; while the following States endeavor to cover the subject substantially in their Constitutions: Del., La., Ky., Ida., Mon., Okla., N. D., S. C., S. D., Utah, Wash., Va., Wy. 1 Okla. 11 Territories. 13 Ala., Miss., N. D., S. C., S. D., 14 Territories. 15 Ala., Cal., Col., Del., Ida., Ill., La., Mich., Miss., Mo., Mon., Neb., Nev., S. C., S. D., Utah, Va., Wash. And see §§ 503, 395. 16 Ala.; Cal.; La. 262; Miss.; Mo. 12, 3; Mon.; N. D. 13, 3; S. C. 9, 17; S. D. 17, 3; Utah; Wash. See, however, § 503. 17 Col. 15, 12; Ida. 11, 12; Mo. 12, 19; Mon. 15, 13. notice given of its pendency. No law can create, renew, or expend the charter of more than one corporation. In Georgia the Legislature has no power to create private corporations, but shall prescribe the manner in which such powers shall be exercised by the Secretary of State. So in Virginia, charters are granted by the Corporation Commission (see § 532, note 6).* 5 8 § 503. Repeal. -And all general or even special laws for the creation of corporations may be altered or repealed. So (see also § 16), no law shall be passed granting irrevocably any franchise, privilege, or immunity. But in Arizona no corporation can be dissolved or its rights impaired except by judicial proceedings. In others, the Legislature shall by general law provide for the revocation or forfeiture of the charters of all corporations for the abuse, misuse, or nonuser of their corporate powers, privileges, or franchises, any procedure for such forfeiture, etc., to be taken by the attorney-general. All privileges or franchises, and rights to collect freights, fares, tolls, or wharfage are subject to control.10 But they are not to be repealed, etc., so as to impair or destroy vested corporate rights," or work injustice to the corporators or the corporation's creditors.12 In Iowa and Michigan such repeal, etc., must have a vote of two-thirds present 13 or elected" in each house of the Legislature. All corporations must organize and commence business within two years of the charter, etc., or it becomes void.15 § 504. Existing Corporations. Some newer State Constitutions specifically provide that no general or special law, or no exemption 1 Del. 9, 1; R. I. 4, 17. 2 S. D. 17, 9. Ga. 3, 7, 18; Amt. 1891, p. 59. • Va. 156. Ala. 229, 238; Ark. 12, 6; Cal. 11, 6; 12, 1; Col. 15, 3; Ga. 1, 3, 3; 12, 1, 5; Ida. 11, 2 & 3; 12, 1; Io. 8, 12; Kan. 12, 1; Me. 4, 3, 14; Md. 3, 48 (except banks); Miss. 88, 178; Mon. 15, 3; Mich. 15, 1; N. J. 4, 7, 11; N. Y. 8, 1; Nev. 8, 1; Neb. 13, 1; N. C. 8, 1; N. D. 131; O. 13, 2; Okla. 9, 47; Ore. 112; Pa. 16, 10; S. C. 9, 2; S. D. 17, 9; Tenn. 11, 8; Utah 12, 1; Va. 154; Wash. 12, 1; Wy. 10, 1; Wis. 11, 1. See also § 394. But only by general law: Del., Me., N. D., S. C. Compare § 502. Ark., Del., Md., Me., Miss., Mon., Nev., N. Y., N. C., Okla., Ore., Pa., 16 S. D., Utah, Wash., Wis., Wy. And so doubtless in the others. 7 Ala. 22; Ky. 3; S. D. 6, 12; Utah 1, 23; Wash. 1, 8. For other States see § 16, notes 1 & 2. 8 Ariz. B. Rts. 29. Del. 9, 1; Ky. 205; Va. 154. 10 Tex. 1, 17; 12, 5. See also §§ 416, 501, 506. 11 Ga., Ore., Tenn. 12 Ala., Ark., Col., Ga., Ida., Miss., Okla., Pa., S. D. (as to corporations existing when the Constitution was adopted). These provisions would seem meaningless. 13 Io. 8, 12. 14 Mich. 15, 8. 16 Ala. 231; Ark. 17, 8; Ga. 4, 2, 3; Ida. 11, 7; Ky. 190; La. 262; Md. 1890, |