And it is unlawful for any person or corporation to require of its employees, as a condition of their employment or otherwise, any contract or agreement whereby the company is released from liability on account of personal injuries received by such employees while in its service, by reason of the negligence of the company or its servants; and such contracts are void.1

$535. Damages for Death. - (See also § 462.) Four new Constitutions provide for damages for death whether instantaneous or not, in cases where damages would be liable had death not. occurred; and contracts to waive the benefit of this section are made void.2

The Constitutions of other States provide that every person or corporation that may commit a homicide, through wilful act or omission or gross neglect, shall be responsible in exemplary damages to the surviving husband, widow, or heirs, notwithstanding any criminal proceedings that may or may not be had.3

And in others, that no act of the Legislature shall limit the amount to be recovered for injuries resulting in death, or for injuries to person or property; and in case of death resulting therefrom, the right of action shall survive for the benefit of such persons as the Legislature may prescribe (see § 462). And

1 Col. 15, 15; Wy. 10, 4.

also, that no act shall prescribe

gerous or unsafe cars or engines volun2 Okla.; S. C. 9, 15; Va. 161; Miss. tarily operated by them. When death 193. Thus: "Every employee of any ensues from any injury to employees, railroad corporation shall have the the legal or personal representatives same rights and remedies for any in- of the person injured shall have the jury suffered by him from the acts or same right and remedies as are allowed omissions of said corporations or its by law to such representatives of other employees as are allowed by law to persons. Any contract or agreement, other persons not employees, when the expressed or implied, made by any injury results from the negligence of a employee to waive the benefit of this superior agent or officer, or of a person section, shall be null and void; and having a right to control or direct this section shall not be construed the services of a party injured, and to deprive any employee of a corporaalso when the injury results from the tion, or his legal or personal reprenegligence of a fellow servant engaged sentative, of any remedy or right that in another department of labor from he now has by the law of the land. that of the party injured, or of a fellow The General Assembly may extend servant on another train of cars, or the remedies herein provided for to one engaged about a different piece any other class of employees." (Miss. of work. Knowledge by any employee 193; S. C. 9, 19.) Other provisions injured of the defective or unsafe are substantially similar (Okla. 9, 36; character or condition of any ma- Va. 162). chinery, ways, or appliances shall be 3 Ky. 241; Tex. 16, 26; Wy. 10, 4. no defence to an action for injury 4 Ark. 5, 32; Ky. 54; Pa. 3, 21. caused thereby, except as to con- The Legislature are to prescribe to ductors or engineers in charge of dan- whom the damages belong (Ky.).

any limitation of time within which such suits shall be brought against corporations, different from those fixed by general laws for actions against natural persons.1

Whenever the death of a person shall result from an injury inflicted by negligence or wrongful act, then, in every such case, damages may be recovered for such death, from the corporations and persons so causing the same. Until otherwise provided by law, the action to recover such damages shall in all cases be prosecuted by the personal representative. The same shall form part of the personal estate of the deceased person.2

3

§ 536. Street Railways. - The Constitutions of several States provide that no law shall be passed authorizing the construction of a street railroad in a town or city without the consent of one-half in value of the abutting property owners, or the consent of the local authorities or of the electors," and this consent is also required for gas, water, telephone, light companies, etc., or any public service. Except, however, a petition may be brought, in New York, in the Supreme Court, in case the consent of property owners cannot be obtained.

§ 537. Telegraph Companies. - Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph and 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. No telegraph or telephone company shall consolidate with any other, etc. (See § 527.) Cities and towns may, however, control the location of such companies."

Said companies shall receive and transmit each other's messages without delay or discrimination.10

Railroad corporations organized or doing business in this State shall allow telegraph and telephone corporations and companies to

1 Pa.

2 Ky. 241.

And so of telegraph or telephone

• Neb. 13, 2.

7 Ala., Ky. See note 5.

8 Ala. 239; Ida. 11, 13; Ky. 199;

(N. D., S. C., Utah, Wy.), electric Mon. 15, 14; S. D. 17, 11; Wash. 12, (S. C., Wy.), gas (S. C.), or water com- 19; Wy. 10, 10 (7).

panies (S. C.).

Ky.

N. Y. 3, 18; Tex. 10, 7; W. Va. 11, 5. 10 Ky.; N. D. 142; Okla. 9, 5; S. D.; Ala. 220; Col. 15, 11; Ga. 3, 7, Wash. 12, 19. See also § 526. 20; Ill. 11, 4; Ky. 163; Mo. 12, 20; Okla. 9, 10; Pa. 17, 9; S. C. 8, 4.

construct and maintain telegraph lines on and along the rights-ofway of such railroads and railroad companies, and no railroad corporation organized or doing business in this State shall allow any telegraph corporation or company any facilities, privileges, or rates for transportation of men or material, or for repairing their lines, not allowed to all telegraph companies. The right of eminent domain is hereby extended to all telegraph and telephone companies. The Legislature shall, by general law of uniform operation, provide reasonable regulations to give effect to this section.1

§ 538. Foreign railroads (see also §§ 505, 529) or telegraph lines shall do no business within this State without having an agent or agents within each county through which such railroad or telegraph line shall be constructed upon whom process may be served.2

In South Carolina and Mississippi no foreign road can operate in the State. (See also § 529.)3 $539. Local Aid. Neither the State, nor any county, township, school district, or municipality shall loan or give its credit or make donations to or in aid of any railroad or telegraph line." Provided, that this section shall not apply to obligations of any county, city, township, or school district, contracted prior to the adoption of this Constitution. (See also §§ 326, 335, 345, 370.)

§ 540. Taxation. (See § 528.) State franchise taxes may be imposed, and the Legislature in its discretion may make the same in

1 Wash. 12, 19.

2 Wy. 10, 10 (8).

become a domestic corporation of this State. No general or special law shall "The General Assembly shall not ever be passed for the benefit of any grant to any foreign corporation or foreign corporation operating a railassociation a license to build, operate, road under any existing license of this or lease any railroad in this State; but State or under any existing lease, and in all cases where a railroad is to be no grant of any right or privilege and built or operated, or is now being no exemption from any burden shall operated, in this State, and the same be made to any such foreign corporashall be partly in this State and partly tion, except upon the condition that in another State, or in other States, the owners or stockholders thereof the owners or projectors thereof shall shall first organize a corporation in first become incorporated under the this State under the laws thereof, and laws of this State; nor shall any foreign shall thereafter operate and manage corporation or association lease or the same and the business thereof operate any railroad in this State, or under said domestic charter." (Miss. purchase the same or any interest 197; S. C. 9, 8.) therein. Consolidation of any railroad lines and corporations in this State with others shall be allowed only where the consolidated company shall

Mon. 5, 37; Wy. 3, 39; 10, 5. 5 Wy. • Wy.

lieu of taxes upon other property of a transportation, industrial, or commercial corporation; but when such franchise tax is imposed upon a corporation doing business in the State, or whenever all the capital, however invested, of a State corporation is taxed, the shares of stock shall not be further taxed.'

"The franchise, roadway, roadbed, rails, and rolling stock of all railroads operated in this State shall be assessed by the State Board of Equalization at their actual value, and such assessed valuation shall be apportioned to the counties, cities, towns, townships, and districts in which said roads are located, as a basis for taxation of such property, in proportion to the number of miles of railway laid in such counties, cities, towns, townships, and districts." "

"The Legislative Assembly may, by law, provide for the payment of a per centum of gross earnings of railroad companies to be paid in lieu of all State, county, township, and school taxes on property exclusively used in and about the prosecution of the business of such companies as common carriers, but no real estate of said corporations shall be exempted from taxation in the same manner and on the same basis as other real estate is taxed, except roadbed, right of way, shops, and buildings used exclusively in their business as common carriers; and whenever and so long as such law providing for the payment of a per centum on earnings shall be in force, that part of § 179 of this article relating to assessments of railroad property shall cease to be in force.

93

In Virginia the State Corporation Commission are to assess the real estate, rolling stock, and personal property of railroads, the canal bed, real estate, and boats of canals, and such property shall be taxed for State, county, city, town, and district purposes as authorized by law at such rates of taxation as may be imposed by them respectively on the real estate and personal property of natural citizens, provided that no tax shall be laid upon the net income; but such railway or canal shall also pay an annual State franchise tax equal to one per centum upon its gross receipts, which tax shall be in lieu of all other taxes or charges upon the franchises or shares of stock or property except the annual fee, etc. When the road or canal does not lie wholly within the State, the tax shall be equal to one per cent of the gross transportation receipts earned within the State, ascertained by determining the average gross per mile over its 1 Va. 170. See O. 1904, p. 652.

2 Mon. 12, 16; N. D. 179.

3 N. D. 176.

whole extent and multiplying the result by the number of miles operated in the State, with a reasonable deduction for excess of value for terminal facilities, etc., in other States.1

§ 541. Switches etc. - The Oklahoma Constitution provides that any person or corporation may construct spur tracks to its mine, mill, etc., and compel the railway to maintain the switch.2

3

ARTICLE 55. BANKS

§ 550. State Banks Forbidden. - The Constitutions of a few States forbid the creation or renewal of corporations with banking or discounting privileges. And in several, any act establishing banks must first be approved by a majority of the people, at a general election. State banks are forbidden in Illinois; and, in other States, the State may not hold stock in any bank. See also § 326. Any banking law may be amended or repealed. But in others, such corporations may be formed under general laws, though such banking law must receive a two-thirds vote of the Legislature. So, in a few, no special charter can be granted for banking purposes. (See also § 395 and § 502.)

7

§ 551. Money and Banknotes. In several, no corporation or individual can circulate as money anything but the lawful money of the United States. 10 So, all banknotes must be redeemable in the lawful money of the United States," or in gold and silver. 12 No note can be issued of less than one dollar.13 Banknotes are allowed, secured by State or United States bonds.14

§ 552. Specie Payments. — In several, the Legislature can pass no law sanctioning the suspension of specie payments by banks.15