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.

railroad liable

SEC. 2. The rolling stock and all other movable property of property belonging to any railroad company or cor-tone poration in this state shall be liable to execution and cution. 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. No railroad corporation or telegraph com- Consolidation of stock, etc., pany shall consolidate its stock, property, franchises, prohibited. 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 by law.

SEC. 4. Railways heretofore constructed, or that Railways publi highways; may hereafter be constructed, in this state are hereby rates of transdeclared public highways, shall be free to all persons bilities of railportation; for the transportation of their persons and property roads. 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.

stocks and

SEC. 5. No railroad corporation shall issue any Issuance of stock or bonds, except for money, labor, or property bonds. 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 shall be void. The capital stock of railroad corporations shall not be increased for any purpose, except after publie notice for sixty days, in such manner as may be provided by law.

SEC. 6. The exercise of the power and the right Eminent doof eminent domain shall never be so construed or main. 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. The legislature shall pass laws to correct Abuses to be abuses and prevent unjust discrimination and ex-law.

tortion 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.

Railroads organized in other states.

SEC. 8. No railroad corporation, 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.

Subscriptions

ARTICLE [XII.] - MUNICIPAL CORPORATIONS.

SECTION 1. No city, county, town, precinct, muprohibited. nicipality, or other subdivision 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.

ARTICLE [XIII.] - MISCELLANEOUS CORPORATIONS. Incorporations SECTION 1. No corporation shall be created by to be by general law.

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.

Right to construct street railroads.

SEC. 2. No Such general law shall be passed by the legislature granting the right to construct and operate a street railway within any city, town, or incorporated village without first requiring the consent of a majority of the electors thereof.

How sued.

SEC. 3. All corporations may sue and be sued in like cases as natural persons. Liability of subscribers to stock.

SEC. 4. 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. The legislature shall provide by law that Elections, how in all elections for directors or managers of incorpo- held. rated 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 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 Existing or exclusive privileges under which organization shall charters. 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.

stockholders in

SEC. 7. Every stockholder in a banking corpora-Liability of tion or institution shall be individually responsible banks. 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 Statements. quarterly statements, under oath, of their assets and liabilities.

ARTICLE [XIV.] - STATE, COUNTY, AND MUNICIPAL INDEBTEDNESS. SECTION 1. The state may, to meet casual deficits Debts of the or failures in the revenues, contract debts never to ex- state. ceed 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 such interest by such tax shall be irrepealable until such debt be paid.

SEC. 2. No city, county, town, precinct, municiDonations by pality, or other subdivision of the state shall ever cities, etc., to aid in works of make donations to any railroad or other works of in- internal imternal improvement unless a proposition so to do provement. 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 the state showing that the same is issued pursuant to law. State credit not SEC. 3. The credit of the state shall never be given or loaned in aid of any individual, association, or

to be loaned.

corporation.

Militia.

ARTICLE [XV.]-MILITIA.

SECTION 1. The legislature shall determine what persons shall constitute the militia of the state, and may provide for organizing and disciplining the same.

ARTICLE [XVI.] - MISCELLANEOUS PROVISIONS.

Oath of officers. SECTION 1. 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 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 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. Who ineligible to office.

SEC. 2. 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 impeachARTICLE [XVII.] - AMENDMENTS.

SECTION 1. Either branch of the legislature may How made. 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 at least 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. When three-fifths of the members elected Convention to revise constito each branch of the legislature deem it necessary tution. 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 [XVIII.] -SCHEDULE.

SECTION 1. That no inconvenience may arise from Rights prethe revision and changes made in the constitution of served. 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 Fines, taxes, owing to the state of Nebraska, or to the people to people.