USA > Kentucky > A history of Kentucky and Kentuckians; the leaders and representative men in commerce, industry and modern activities, Volume I > Part 71
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86
Section 188. So much of any moneys as may be received by the Commonwealth from the United States under the recent act of Congress refunding the direct tax shall become a part of the school fund, and be held as provided in section one hundred and eighty-four; but the General Assembly may author- ize the use, by the Commonwealth, of the moneys so received or any part thereof, in which event a bond shall be executed to the Board of Education for the amount so used, which bond shall be held on the same terms and conditions, and subject to the pro- visions of section one hundred and eighty-four, con- cerning the bond therein referred to.
Section 189. No portion of any fund or tax now existing, or that may hereafter be raised or levied for educational purposes, shall be appropriated to, or used by, or in aid of, any church, sectarian or denominational school.
CORPORATIONS.
Section 190. No corporation in existence at the time of the adoption of this Constitution shall have the benefit of future legislation without first filing in the office of the Secretary of State an acceptance of the provisions of this Constitution.
Section 191. All existing charters or grants of special or exclusive privileges, under which a bona fide organization shall not have taken place, and business been commenced in good faith at the time of the adoption of this Constitution, shall thereafter be void and of no effect.
Section 192. No corporation shall engage in business other than that expressly authorized by its charter, or the law under which it may have been or hereafter may be organized, nor shall it hold any real estate, except such as may be proper and neces- sary for carrying on its legitimate business, for a
longer period than five years, under penalty of escheat.
Section 193. No corporation shall issue stock or bonds except for an equivalent in money paid or labor done, or property actually received and ap- plied to the purposes for which such corporation was created, and neither labor nor property shall be received in payment of stock or bonds at a greater value than the market price at the time said labor was done or property delivered, and all fictitious in- crease of stock or indebtedness shall be void.
Section 194. All corporations formed under the laws of this State, or carrying on business in this State, shall, at all times, have one or more known places of business in this State, and an authorized agent or agents there, upon whom process may be executed, and the General Assembly shall enact laws to carry into effect the provisions of this section.
Section 195. The Commonwealth, in the exercise of the right of eminent domain, shall have and re- tain the same powers to take the property and fran- chises of incorporated companies for public use which it has and retains to take the property of individuals, and the exercise of the police powers of this Commonwealth shall never be abridged, nor so construed as to permit corporations to conduct their business in such manner as to infringe upon the equal rights of individuals.
Section 196. Transportation of freight and pas- sengers by railroad, steamboat or other common car- rier, shall be so regulated, by general law, as to prevent unjust discrimination. No common carrier shall be permitted to contract for relief from its common law liability.
Section 197. No railroad, steamboat or other common carrier, under heavy penalty to be fixed by the General Assembly, shall give a free pass or passes, or shall, at reduced rates not common to the public, sell tickets for transportation to any State, district, city, town or county officer, or member of the General Assembly, or Judge; and any State, dis- trict, city, town or county officer, or member of the General Assembly, or Judge, who shall accept or use a free pass or passes, or shall receive or use tickets or transportation at reduced rates not common to the public, shall forfeit his office. It shall be the duty of the General Assembly to enact laws to enforce the provisions of this section.
Section 198. It shall be the duty of the General Assembly from time to time, as necessity may re- quire, to enact such laws as may be necessary to prevent all trusts, pools, combinations or other or- ganizations, from combining to depreciate below its real value any article, or to enhance the cost of any article above its real value.
485
HISTORY OF KENTUCKY AND KENTUCKIANS
Section 199. Any association or corporation, or the lessees or managers thereof, organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph within this State, and to connect the same with other lines, and said companies shall receive and transmit each other's messages without unreasonable delay or dis- crimination, and all such companies are hereby de- clared to be common carriers and subject to legis- lative control. Telephone companies operating ex- changes in different towns or cities, or other public stations, shall receive and transmit each other's mes- sages without unreasonable delay or discrimination. The General Assembly shall, by general laws of uni- form operation, provide reasonable regulations to give full effect to this section. Nothing herein shall be construed to interfere with the rights of cities or towns to arrange and control their streets and alleys. and to designate the places at which, and the manner in which, the wires of such companies shall be erected or laid within the limits of such city or townl.
Section 200. If any railroad, telegraph, express, or other corporation, organized under the laws of this Commonwealth, shall consolidate by sale or otherwise, with any railroad, telegraph, express or other corporation organized under the laws of any other State, the same shall not thereby become a foreign corporation, but the courts of this Common- wealth shall retain jurisdiction over that part of the corporate property within the limits of this State in all matters which may arise, as if said consolidation had not taken place.
Section 201. No railroad, telegraph, telephone, bridge or common carrier company shall consolidate its capital stock, franchises or property, or pool its earnings, in whole or in part, with any other rail- road, telegraph, telephone, bridge or common carrier company, owning a parallel or competing line or structure, or acquire by purchase, lease or otherwise, any parallel or competing line or structure, or ope- rate the same; nor shall any railroad company or other common carrier combine or make any contract with the owners of any vessel that leaves or makes port in this State, or with any common carrier, by which combination or contract the earnings of one doing the carrying are to be shared by the other not doing the carrying.
Section 202. No corporation organized outside the limits of this State shall be allowed to transact business within the State on more favorable con- ditions than are prescribed by law to similar corpo- rations organized under the laws of this Common- wealth.
Section 203. No corporation shall lease or alienate any franchise so as to relieve the franchise or property held thereunder from the liabilities of the lessor or grantor, lessee or grantee, contracted or incurred in the operation. use or enjoyment of such franchise, or any of its privileges.
Section 204. Any President, Director, Manager, Cashier or other officer of any banking institution or association for the deposit or loan of money, or any individual banker, who shall receive or assent to the receiving of deposits after he shall have knowl- edge of the fact that such banking institution or association or individual banker is insolvent, shall be individually responsible for such deposits so re- ceived, and shall be guilty of felony and subject to such punishment as shall be prescribed by law.
Section 205. The General Assembly shall, by general laws, provide for the revocation or forfeiture of the charters of all corporations guilty of abuse or misuse of their corporate powers, privileges or franchises, or whenever said corporations become detrimental to the interest and welfare of the Com- monwealth or its citizens.
Section 206. All elevators or storehouses, where grain or other property is stored for a compensa- tion, whether the property stored be kept separate or not, are declared to be public warehouses, subject to legislative control, and the General Assembly shall enact laws for the inspection of grain, tobacco and other produce, and for the protection of producers, shippers and receivers of grain, tobacco and other produce.
Section 207. In all elections for directors or managers of any corporation, each share-holder shall have the right to cast as many votes in the aggregate as he shall be entitled to vote in said com- pany under its charter, multiplied by the number of directors or managers to be elected at such election ; and each share-holder may cast the whole number of votes, either in person or by proxy, for one candi- date, or distribute such votes among two or more candidates, and such directors or managers shall not be elected in any other manner.
Section 208. The word corporation as used in this Constitution shall embrace joint stock companies and associations.
RAILROADS AND COMMERCE.
Section 209. A commission is hereby established, to be known as "The Railroad Commission" which shall be composed of three Commissioners. During the session of the General Assembly which convenes in December, eighteen hundred and ninety-one, and before the first day of June, eighteen hundred and
486
HISTORY OF KENTUCKY AND KENTUCKIANS
ninety-two, the Governor shall appoint, by and with the advice and consent of the Senate, said three Commissioners, one from each Superior Court District as now established, and said appointees shall take their office at the expiration of the terms of the present incumbents. The Commissioners so appointed shall continue in office during the term of the present Governor. and until their successors are elected and qualified. At the regular election in eighteen hundred and ninety-five and every four years thereafter the Commissioners shall be elected, one in each Superior Court District, by the qualified voters thereof, at the same time and for the same term as the Governor. No person shall be eligible to said office unless he be, at the time of his election, at least thirty years of age. a citizen of Kentucky two years, and a resident of the district from which he is chosen one year, next preceding his election. Any vacancy in this office shall be filled as provided in section one hundred and fifty-two of this Con- stitution. The General Assembly may from time to time change said districts so as to equalize the population thereof; and may, if deemed expedient, require that the Commissioners be all elected by the qualified voters of the State at large. And if so required. one Commissioner shall be from each District. No person in the service of any railroad or common carrier company or corpora- tion, or of any firm or association conducting business as a common carrier, or in anywise pe- cuniarily interested in such company corporation, firm or association, or in the railroad business, or as a common carrier, shall hold such office. The powers and duties of the Railroad Commissioners shall be regulated by law; and until otherwise provided by law, the Commission so created shall have the same powers and jurisdiction, perform the same duties, be subject to the same regulations, and receive the same compensation. as now conferred, prescribed and allowed by law to the existing Rail- road Commissioners. The General Assembly may, for cause, address any of said Commissioners out of office by similar proceedings as in the case of Judges of the Court of Appeals; and the General Assembly shall enact laws to prevent the nonfea- sance and misfeasance in office of said Commission- ers, and to impose proper penalties therefor.
Section 210. No corporation engaged in the business of common carrier shall, directly or in- directly, own, manage. operate, or engage in any other business than that of a common carrier, or hold, own, lease or acquire directly or indirectly, mines, factories or timber, except such as shall be necessary to carry on its business; and the General
Assembly shall enact laws to give effect to the pro visions of this section.
Section 211. No railroad corporation organized under the laws of any other State, or of the United States, and doing business, or proposing to do busi- ness, in this State, shall be entitled to the benefit of 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 Commonwealth.
Section 212. The rolling stock and other mov- able property belonging to any railroad corporation or company in this State shall be considered per- sonal property, and shall be liable to execution and sale in the same manner as the personal property of individuals. The earnings of any railroad company or corporation, and choses in action, money and personal property of all kinds belonging to it, in the hands, or under the control. of any officer, agent or employe of such corporation or company, shall be subject to process of attachment to the same extent and in the same manner, as like property of indi- viduals when in the hands or under the control of other persons. Any such earnings, choses in action, money or other personal property may be subjected to the payment of any judgment against such cor- poration or company, in the same manner and to the same extent as such property of individuals in the hands of third persons.
Section 213. All railroad, transfer, belt lines and railway bridge companies, organized under the laws of Kentucky, or operating, maintaining or controll- ing any railroad, transfer, belt lines or bridges, or doing a railway business in this State, shall receive, transfer, deliver, and switch empty or loaded cars, and shall move, transport, receive, load or unload all the freight in car loads or less quantities, coming to or going from any railroad, transfer, belt line, bridge or siding thereon, with equal promptness and dispatch, and without any discrimination as to charges, preference, drawback or rebate in favor of any person, corporation. consignee or consignor, in any matter as to payment, transportation, handling or delivery; and shall so receive, deliver, transfer and transport all freight as above set forth, from and to any point where there is a physical con- nection between the tracks of said companies. But this section shall not be construed as requiring any such common carrier to allow the use of its tracks for the trains of another engaged in like business.
Section 214. No railway, transfer, belt line or railway bridge company shall make any exclusive or preferential contract or arrangement with any
487
HISTORY OF KENTUCKY AND KENTUCKIANS
individual, association or corporation, for the receipt, transfer, delivery, transportation, handling, care or custody of any freight, or for the conduct of any business as a common carrier.
Section 215. All railway, transfer, belt lines or railway bridge companies shall receive, load, unload, transport, haul, deliver and handle freight of the same class for all persons, associations or corpora- tions from and to the same points and upon the same conditions, in the same manner and for the same charges, and for the same method of pay- ment.
Section 216. All railway, transfer, belt lines or railway bridge companies shall allow the tracks of each other to unite, intersect and cross at any point where such union. intersection and crossing is rea- sonable or feasible.
Section 217. Any person, association or corpora- tion, willfully or knowingly violating any of the provisions of sections two hundred and thirteen, two hundred and fourteen, two hundred and fifteen, or two hundred and sixteen, shall, upon conviction by a court of competent jurisdiction, for the first offense be fined two thousand dollars ; for the second offense. five thousand dollars, and for the third offense, shall thereupon, ipso facto, forfeit its franchises, privileges or charter rights; and if such delinquent be a for- eign corporation, it shall, ipso facto, forfeit its right to do business in this State; and the Attorney-Gen- eral of the Commonwealth shall forthwith, upon notice of the violation of any of said provisions, in- stitute proceedings to enforce the provisions of the aforesaid sections.
Section 218. It shall be unlawful for any person or corporation, owning or operating a railroad in this State, or any common carrier, to charge or re -. ceive any greater compensation in the aggregate for the transportation of passengers, or of property of like kind, under substantially similar circumstances and conditions, for a shorter than for a longer dis- tance over the same line, in the same direction, the shorter being included within the longer distance; but this shall not be construed as authorizing any common carrier, or person or corporation, owning or operating a railroad in this State, to receive as great compensation for a shorter as for a longer dis- tance: Provided, That upon application to the Rail- road Commission, such common carrier, or person, or corporation owning or operating a railroad in this State, may in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transporta- tion of passengers, or property ; and the Commis- sion may, from time to time, prescribe the extent
to which such common carrier, or person or cor- poration, owning or operating a railroad in this State, may be relieved from the operations of this section.
THE MILITIA.
Section 219. The militia of the Commonwealth of Kentucky shall consist of all able-bodied male residents of the State between the ages of eighteen and forty-five years, except such persons as may be exempted by the laws of the State or of the United States.
Section 220. The General Assembly shall provide for maintaining an organized militia ; and may ex- empt from military service persons having conscien- tions scruples against bearing arms; but such per- sons shall pay an equivalent for such exemption.
Section 221. The organization, equipment and discipline of the militia shall conform as nearly as practicable to the regulations for the government of the armies of the United States.
Section 222. All militia officers whose appoint- ment is not herein otherwise provided for, shall be elected by persons subject to military duty within their respective companies, battalions, regiments or other commands, under such rules and regulations and for such terms, not exceeding four years, as the General Assembly may, from time to time, direct and establish. The Governor shall appoint an Ad- jutant-General and his other staff officers; the gen- erals and commandants of regiments and battalions shall respectively appoint their staff officers, and the commandants of companies shall, subject to the ap- proval of their regimental or battalion commanders, appoint their non-commissioned officers. The Gov- ernor shall have power to fill vacancies that may occur in elective offices by granting commissions which shall expire when such vacancies have been filled according to the provisions of this Constitu- tion.
Section 223. The General Assembly shall pro- vide for the safe-keeping of the public arms, military records, relics and banners of the Commonwealth of Kentucky.
GENERAL PROVISIONS.
Section 224. The General Assembly shall pro- vide by a general law what officers shall execute bond for the faithful discharge of their duties, and fix the liability therein.
Section 225. No armed person or bodies of men shall be brought into this State for the preservation of the peace or the suppression of domestic violence, except upon the application of the General Assembly,
488
HISTORY OF KENTUCKY AND KENTUCKIANS
or of the Governor when the General Assembly may not be in session.
Section 226. Lotteries and gift enterprises are forbidden, and no privileges shall be granted for such purposes, and none shall be exercised, and no schemes for similar purposes shall be allowed. The General Assembly shall enforce this section by proper penalties. All lottery privileges or charters hereto- fore granted are revoked.
Section 227. Judges of the County Court, Jus- tices of the Peace, Sheriffs, Coroners, Surveyors, Jailers, Assessors, County Attorneys and Constables shall be subject to indictment or prosecution for misfeasance or malfeasance in office, or willful neglect in discharge of official duties, in such mode as may be prescribed by law; and upon conviction, his office shall become vacant, but such officer shall have the right of appeal to the Court of Appeals.
Section 228. Members of the General Assembly and all officers, before they enter upon the execu- tion of the duties of their respective offices, and all members of the bar, before they enter upon the prac- tice of their profession, shall take the following oath or affirmation : I do solemnly swear (or affirm, as the case may be) that I will support the Con- stitution of the United States and the Constitution of this Commonwealth, and be faithful and true to the Commonwealth of Kentucky so long as I con- tinue a citizen thereof, and that I will faithfully execute, to the best of my ability the office of according to law; and ] do further solemnly swear (or affirm) that since the adoption of the present Constitution, I, being a citizen of this State, have not fought a duel with deadly weapons within this State nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a challenge, nor aided or assisted any person thus offending, so help me God.
Section 229. Treason against the Commonwealth shall consist only in levying war against it, or in adhering to its enemies giving them aid and comfort. No person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or his own confession in open court.
Section 230. No money shall be drawn from the State Treasury, except in pursuance of appropria- tions made by law; and a regular statement and ac- count of the receipts and expenditures of all public money shall be published annually.
Section 231. The General Assembly may, by law, direct in what manner and in what courts suits may be brought against the Commonwealth.
Section 232. The manner of administering an
oath or affirmation shall be such as is most consistent with the conscience of the deponent, and shall be esteemed by the General Assembly the most solemn appeal to God.
Section 233. All laws which, on the first day of June, one thousand seven hundred and ninety-two, were in force in the State of Virginia, and which are of a general nature and not local to that State, and not repugnant to this Constitution, nor to the laws which have been enacted by the General As- sembly of this Commonwealth, shall be in force with- in this State until they shall be altered or repealed by the General Assembly.
Section 234. All civil officers for the State at large shall reside within the State, and all district, county, city or town officers shall reside within their respective districts, counties, cities or towns, and shall keep their offices at such places therein as may be required by law.
Section 235. The salaries of public officers shall not be changed during the terms for which they were elected; but it shall be the duty of the Gen- eral Assembly to regulate, by a general law, in what cases and what deductions shall be made for neglect of official duties. This section shall apply to mem- bers of the General Assembly also.
Section 236. The General Assembly shall, by law, prescribe the time when the several officers author- ized or directed by this Constitution to be elected or appointed, shall enter upon the duties of their respective offices, except where the time is fixed by this Constitution.
Section 237. No member of Congress, or person holding or exercising an office of trust or profit under the United States, or any of them. or under any foreign power, shall be eligible to hold or ex- ercise any office of trust or profit under this Con- stitution, or the laws made in pursuance thereof.
Section 238. The General Assembly shall direct by law how persons who now are, or may here- after become, sureties for public offices, may be re- lieved of or discharged from suretyship.
Section 239. Any person who shall, after the adoption of this Constitution, either directly or in- directly, give, accept or knowingly carry a challenge to any person or persons to fight in single combat, with a citizen of this State, with a deadly weapon, either in or out of the State, shall be deprived of the right to hold any office of honor or profit in this Commonwealth; and if said acts, or any of them, be committed within this State, the person or persons so committing them shall be further pun- ished in such manner as the General Assembly may prescribe by law.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.