USA > Mississippi > Official and statistical register of the state of Mississippi, 1908 v. 3 > Part 33
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In regulating appeals from justice courts, the Legislature cannot discriminate against classes of litigants. Chicago R. R. Co. v. Moss., 60 Miss., 641.
The Legislature cannot confer on the mayor of a municipality jurisdiction as a justice of the peace outside of municipal limits. Heggie v. Stone, 70 Miss., 39 (12 So., 253).
The section, as to jurisdictional amount, became operative upon the adoption of the Constitution and was not suspended by . Sec. 274: Illinois, etc., R. R. Co. v. Brookhaven, etc., Co., 71 Miss., 663 (16 So., 252).
Neither the jurisdiction of justices of the peace, nor the execu- tive power of constables, can be extended beyond the district for which they were elected. Riley v. James, 73 Miss., I (18 So., 930).
Under the section, a justice of the peace has jurisdiction of a suit against a carrier by a person who has shipped freight by it, a part of which belongs to him and a part to others, to recover damages which he has suffered, if they do not exceed two hundred dollars, although the entire shipment was made under one contract with him and the damages to all the property exceed said sum. Waters v. Mobile, etc., R. R. Co., 74 Miss., 534 (21 So., 240).
The courts hereby authorized are distinct from those author- ized by Sec. 172. Hughes v. State, 79 Miss., 77 (29 So., 786).
If the amount of a judgment in a justice's court in another State and the costs of the suit therein paid by the plaintiff exceed two hundred dollars, the circuit court has jurisdiction of a suit for the aggregate amount brought in this State. Mc- Dugle v. Filmer, 82 Miss., 200 (34 So., 152).
SEC. 172. The Legislature shall, from time to time, establish such other inferior courts as may be necessary, and abolish the same whenever deemed expedient.
(1832, Art. IV, Sec. 24; 1869, Art. VI, Sec. 24.)
It is competent, under the section, for the Legislature to give a mayor of a municipality jurisdiction of causes, civil and criminal, within the municipality. Bell v. Mckinney, 63 Miss., 187.
A police justiceship is authorized by this section. Hughes v. State, 79 Miss., 77 (29 So., 786).
SEC. 173. There shall be an Attorney-General elected at the same time and in the same manner as the Governor is elected, whose term of
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office shall be four years and whose compensation shall be fixed by law. The qualifications for the Attorney-General shall be the same as herein prescribed for judges of the circuit and chancery courts.
(1817, Art.' V, Sec. 14; 1832, Art. IV, Sec. 25; 1869, Art. VI, Sec. 25.)
SEC. 174. A district attorney for each circuit court district shall be selected in the manner provided by law, whose term of office shall be four years, whose duties shall be prescribed by law, and whose com- pensation shall be a fixed salary.
(1817, Art. V, Sec. 14; 1832, Art. IV, Sec. 25; 1869, Art. VI, Sec. 25.)
The Legislature cannot, directly or indirectly, abridge the terms of office of the district attorneys. Fant v. Gibbs, 54 Miss.,' 396.
The section does not prevent the Legislature from authorizing deductions from the salaries of district attorneys for neglect of official duty, whether from sickness or other cause. The word "fixed" in the section simply marks the change made by the Constitution in the compensation of district attorneys from a system of fees and salaries to one of salaries alone. Cole v. Humphries, 78 Miss., 163 (28 So., 808).
SEC. 175. All public officers, for willful neglect of duty or misde- meanor in office, shall be liable to presentment or indictment by a grand jury; and, upon conviction, shall be removed from office, and otherwise punished as may be prescribed by law.
The penalty prescribed is mandatory. Shattuck v. State, 5I Miss., 575.
The method of removal is exclusive. Runnel v. State, Walker, 146; Hyde v. State, 52 Miss., 665; ex parte Lehman, 60 Miss., 967.
SEC. 176. No person shall be a member of the board of supervisors who is not a resident freeholder in the district for which he is chosen. The value of real estate necessary to be owned to qualify persons in the several counties to be members of said board shall be fixed by law.
SEC. 177. The Governor shall have power to fill any vacancy which may happen during the recess of the Senate in the office of judge or chancellor, by making a temporary appointment of an incumbent, which shall expire at the end of the next session of the Senate, unless a successor shall be sooner appointed and confirmed by the Senate. When a tem- porary appointment of a judge or chancellor has been made during the recess of the Senate, the Governor shall have no power to remove the person or appointee, nor power to withhold his name from the Senate for their action.
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ARTICLE VII.
CORPORATIONS.
SEC. 178. Corporations shall be formed under general laws only. The Legislature shall have power to alter, amend, or repeal any charter of incorporation now existing and revocable, and any that may hereafter be created, whenever, in its opinion, it may be for the public interest to do so. Provided, however, That no injustice shall be done to the stock- holders. No charter for any private corporation for pecuniary gain shall be granted for a longer period than ninety-nine years. In assessing for taxation the property and franchises of corporations having charters for a longer period than ninety-nine years, the increased value of such prop- erty and franchises arising from such longer duration of their charters shall be considered and assessed; but any such corporation shall have the right to surrender the excess over ninety-nine years of its charter.
SEC. 179. The Legislature shall never remit the forfeiture of the franchise of any corporation now existing, nor alter nor amend the charter thereof, nor pass any general or special law. for the benefit of such cor- poration, except upon the condition that such corporation shall there- after hold its charter and franchises subject to the provisions of this Constitution; and the reception by any corporation of any provision of any such laws, or the taking of any benefit or advantage from the same, shall be conclusively held an agreement by such corporation to hold thereafter its charter and franchises under the provisions hereof.
This section is violated by Chapter 89, Acts of 1902, and this act is not saved by Sec. 89, Constitution of 1890. Yazoo R. Co. v. Southern R. Co., 83 Miss., 746 (36 So., 74).
SEC. 180. All existing charters or grants of corporate franchise under which organizations have not in good faith taken place at the adoption of this Constitution shall be subject to the provisions of this article; and all such charters under which organizations shall not take place in good faith and business be commenced within one year from the adoption of this Constitution, shall thereafter have no validity; and every charter or grant of corporate franchise hereafter made shall have no validity, unless an organization shall take place thereunder and business be com- menced within two years from the date of such charter or grant.
Both the right to exist as a corporation and the power to consolidate with another corporation are within the section. Adams v. Yazoo, etc., R. R. Co., 77 Miss., 194 (24 So., 200); Yazoo, etc., R. R. Co. v. Adams, 180 U. S., I.
An exemption from taxation contained in a charter of a railroad company, which afterwards loses its corporate existence by con- solidation with another company, was cut off by the section, notwithstanding the charter provided that the exemptions should pass to the consolidated company. Adams v. Yazoo, etc., R. R. Co., 77 Miss., 194 (24 So., 200); Yazoo, etc., R. R. Co. v. Adams, IŞo U. S., I.
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SEC. 181. The property of all private corporations for pecuniary gain shall be taxed in the same way and to the same extent as the property of individuals, but the Legislature may provide for the taxation of banks and banking capital, by taxing the shares according to the value thereof (augmented by the accumulations, surplus, and unpaid dividends), exclusive of real estate, which shall be taxed as other real estate. Exemp- tions from taxation to which corporations are legally entitled at the adoption of this Constitution, shall remain in full force and effect for the time of such exemptions as expressed in their respective charters, or by general laws, unless sooner repealed by the Legislature. And domestic insurance companies shall not be required to pay a greater tax in the aggregate than is required to be paid by foreign insurance companies doing business in this State, except to the extent of the excess of their ad valorem tax over the privilege tax imposed upon such foreign com- panies; and the Legislature may impose privilege taxes on building and loan associations in lieu of all other taxes except on their real estate.
(1869, Art. XII, Sec. 13.)
Domestic insurance companies are protected by the section against an aggregation of taxes, whether State, county or municipal, in excess of the taxes required of foreign insurance companies doing business in this State, until their assets become sufficient to yield an ad valorem tax, which, added to the priv- ilege tax, will exceed the tax required of such foreign companies. Brennan v. Mississippi, etc., Co., 70 Miss., 531 (13 So., 228).
The section defeated the exemption of the Natchez, Jackson & Columbus Railroad Company. The case of Natchez, etc., R. R. Co. v. Lambert, 70 Miss., 779 (13 So., 33), announcing the contrary, overruled. Adams v. Yazoo, etc., R. R. Co., 77 Miss., 194 (24 So., 200).
The Constitution of 1869 (Art. 12, Sec. 13), together with Sec. 20, same article, was mandatory and deprived the Legisla- ture of all power to exempt the property of corporations for pecuniary profits from taxation. Mississippi Mills v. Cook, 56 Miss., 40, and Natchez, etc., R. R. Co. v. Lambert, 70 Miss., 779 (13 So., 33), overruled. Adams v. Yazoo, etc., R. R. Co., 77 Miss., 194 (24 So., 200).
A new corporation resulting from a consolidation of two rail- road companies, since the adoption of the Constitution pro- hibiting exemptions, is not entitled to an exemption from taxation contained in the charter of one of the consolidating companies, although such charter was granted prior to the adop- tion of the Constitution. Adams v. Yazoo, etc., R. R. Co., 77 Miss., 194 (24 So., 200); Yazoo, etc., R. R. Co. v. Adams, 180 U. S., 1.
The exemption from taxation granted by Laws 1882, p. 84, to encourage the establishment of factories, etc., was and is constitutional, and was continued in force, subject to legislative repeal, by the section. Adams v. Tombigbee Mills, 78 Miss., 676 (29 So., 470).
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SEC. 182. The power to tax corporations and their property shall never be surrendered or abridged by any contract or grant to which the State or any political subdivision thereof may be a party, except that the Legislature may grant exemption from taxation in the encouragement of manufacturers and other new enterprises of public utility extending for a period not exceeding five years, the time of such exemptions to com- mence from date of charter, if to a corporation; and if to an individual enterprise, then from the commencement of work; but when the Legis- lature grants such exemptions for a period of five years or less, it shall be done by general laws, which shall distinctly enumerate the classes of manufactures and other new enterprises of public utility entitled to such exemptions, and shall prescribe the mode and manner in which the right to such exemptions shall be determined.
SEC. 183. No county, city, town, or other municipal corporation shall hereafter become a subscriber to the capital stock of any railroad or other corporation or association, or make appropriation, or loan its credit in aid of such corporation or association. All authority heretofore ' conferred for any of the purposes aforesaid by the Legislature or by the charter of any corporation, is hereby repealed. Nothing in this section contained shall affect the right of any such corporation, municipality, or county to make such subscription where the same has been authorized under laws existing at the time of the adoption of this Constitution, and by a vote of the people thereof, had prior to its adoption, and where the terms of submission and subscription have been or shall be complied with, or to prevent the issue of renewal bonds, or the use of such other means as are or may be prescribed by law for the payment or liquidation of such subscription, or of any existing inbedtedness.
A municipality is not forbidden by the section to contract with a corporation for electric lights for its streets. Reid v. Trow- bridge, 78 Miss., 542 (29 So., 167).
Under the section, a municipality cannot make an appro- priation of money in aid of a corporation, whether the money belongs to it in a public or private capacity, even if it accrued by a contractor's forfeiture and be in the hands of a custodian and never have been in the treasury. Adams v. . Jackson, etc., Ry. Co., 78 Miss., 887 (30 So., 58).
This section forbids the donation by a municipality to an association which has completed work of another of a fund de- posited by the former and forfeited. Jackson Ry., etc., v. Adams, Rev. Agt., 79 Miss., 408 (30 So., 694).
SEC. 184. All railroads which carry persons or property for hire shall be public highways, and all railroad companies so engaged shall be common carriers. Any company organized for that purpose under the laws of the State shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with roads of other states. Every railroad company shall have the right with its road to intersect, connect with, or cross any other railroad;
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and all railroad companies shall receive and transport each other's passengers, tonnage, and cars, loaded or empty, without unnecessary delay or discrimination.
The section does not require railroads to receive and transport foreign cars obviously defective and dangerous to its employes, nor exempt them from liability to employes for injuries sustained because of the defective or unsafe condition of machinery and appliances on foreign cars received without inspection, nor exempt them from such liability where by inspection the defects or dangerous condition could have been discovered. Illinois, etc. R. R. Co. v. Price, 72 Miss., 862 (18 So., 415).
SEC. 185. The rolling-stock belonging to any railroad company or corporation in this State shall be considered personal property, and shall be liable to execution and sale as such.
SEC. 186. The Legislature shall pass laws to prevent abuses, unjust discrimination, and extortion in all charges of express, telephone, sleep- ing-car, telegraph, and railroad companies, and shall enact laws for the supervision of railroads, express, telephone, telegraph, sleeping-car companies, and other common carriers in this State, by commission or otherwise, and shall provide adequate penalties, to the extent, if neces- sary for that purpose, of forfeiture of their franchises.
SEC. 187. No railroad hereafter constructed in this State shall pass within three miles of any county seat without passing through the same, and establishing and maintaining a depot therein, unless prevented by natural obstacles; Provided, Such town or its citizens shall grant the right of way through its limits, and sufficient grounds for ordinary depot purposes.
The words "county seat" mean the municipality at which the county seat is located according to its boundaries when the road is constructed. State v. Railroad Co., 86 Miss., 172 (38 So., 732).
The words "natural obstacles" mean such obstacles as cannot reasonably be overcome, and neither increased cost nor greater engineering difficulties will of themselves excuse non-perform- ance of the duty. Ib.
It is no excuse for failing to build through a county seat that the railroad company has not been tendered a conveyance of the right of way and depot grounds, unless it shows that it made a demand therefor which was refused. Ib.
A county seat is not required to furnish a right of way and depot grounds to a railroad already built to it, upon its exten- sion from it. Ib.
Nor is a county seat, which is a terminus of a road already con- structed, required to furnish a right of way and depot grounds for an extension of the road. Ib.
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SEC. 188. No railroad or other transportation company shall grant free passes or tickets, or passes or tickets at a discount, to members of the Legislature, or any State, district, county or municipal officers, except railroad commissioners. The Legislature shall enact suitable laws for the detection, prevention, and punishment of violations of this provision.
SEC. 189. All charters granted to private corporations in this State shall be recorded in the chancery clerk's office of the county in which the principal office or place of business of such company shall be located.
For a case of liability where the charter was not recorded as required by the section, see Kelly v. State, 68 Miss., 343 (8 So., 745).
Partners who organize as a corporation, continuing the busi- ness in the same name, are personally liable to one with whom they had dealt as a partnership for goods purchased by the corporation without actual notice of the change, where the charter is not recorded as required. Perkins v. Rouss, 78 Miss., 343 (29 So., 92).
SEC. 190. The exercise of the right of eminent domain shall never be abridged, or so construed as to prevent the Legislature from taking the property and franchises of incorporated companies, and subjecting them to public use; and the exercise of the police powers of the State shall never be abridged, or so construed as to permit corporations to conduct their business in such manner as to infringe upon the rights of individuals or general well-being of the State.
Sec. 4046, prohibiting running, flying, walking or kicking switches within the limits of a municipality and making a rail- road company liable for damages sustained thereby without regard to contributory negligence of the person injured is a legitimate exercise of the police power. Jones v. Railroad Co., 72 Miss., 22 (16 So., 379).
Sec. 4058, requiring railroads to construct and maintain - stock gaps and cattle-guards is a legitimate exercise of the police power. Railroad Co. v. Spencer, 72 Miss., 491 (17 So., 168).
A telegraph company engaged in domestic as well as inter- state business is subject to such reasonable police regulations as the State may impose. Telegraph Co. v. Railroad Com., 74 Miss., 80 (21 So., 15).
Sec. 4053, providing that when a railroad is constructed so as to cross a highway, and a bridge is necessary for passage across the railroad, it shall be the duty of the railroad company to erect and maintain the bridge, is within the police power of the State. Railroad Co. v. Copiah Co., 81 Miss., 685 (33 So., 502).
Sec. 4058, making it the duty of railroad companies to maintain proper cattle-guards where their tracks pass through enclosed land, is a legitimate exercise of police power. Railroad v. Har- rington, 85 Miss., 374 (37 So., 1016).
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SEC. 191. The Legislature shall provide for the protection of the employes of all corporations doing business in this State from inter- ference with their social, civil, or political rights by said corporations, their agents or employes.
SEC. 192. Provision shall be made by general laws whereby cities and towns may be authorized to aid and encourage the establishment of manufactories, gas-works, water-works, and other enterprises of public utility other than railroads, within the limits of said cities or towns, by exempting all property used for such purposes from municipal taxation for a period not longer than ten years.
SEC. 193. Every employe of any railroad corporation shall have the same right and remedies for any injury suffered by him from the act or omission of said corporation or its employes, as are allowed by law to other persons not employes where the injury results from the negligence of a superior agent or officer, or of a person having the right to control or direct the services of the party injured, and also when the injury results from the negligence of a fellow-servant engaged in another department of labor from that of the party injured, or of a fellow-servant on another train of cars, or one engaged about a different piece of work. Knowl- edge by any employe injured, of the defective or unsafe character or con- dition of any machinery, ways, or appliances, shall be no defense to an action for injury caused thereby, except as to conductors or engineers in charge of dangerous or unsafe cars, or engines voluntarily operated by them. Where death ensues from any injury to employes, the legal or personal representatives of the person injured shall have the same right and remedies as are allowed by law to such representatives of other persons. Any contract or agreement, express or implied, made by any employe to waive the benefit of this section shall be null and void; and this section shall not be construed to deprive any employe of a corpora- tion, or his legal or personal representative, of any right or remedy that he now has by the law of the land. The Legislature may extend the remedies herein provided for to any other class of employes.
The section does not aid a plaintiff in the absence of evidence that the injury resulted from the negligence of a "superior agent or officer, or of a person having the right to control or direct the services" of the party injured, or of a "fellow-servant engaged in another department of labor." Short v. New Orleans, etc., R. R. Co., 69 Miss., 848 (13 So., 826).
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The section abolishes the defence of contributory negligence in the actions to which it applies, unless the negligence of the employe be willful or reckless. Welsh v. Alabama, etc., Ry. Co., 70 Miss., 20 (11 So., 723).
The section had no retroactive effect. Illinois, etc., R. R. Co. v. Cathey, 70 Miss., 332 (12 So., 253).
The engineer is not the superior agent or officer, or "person having the right to control or direct the services" of brakemen
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on same train, with the section. Evans v. Louisville, etc., Ry. Co., 70 Miss., 527 (12 So., 581).
Only the executor or administrator, "the legal or personal representative," can sue under the section for the death of an employe [decided before legislation on the subject after the adoption of the Constitution, save Code 1892 § 3559]. Illinois, etc., R. R. Co. v. Hunter, 70 Miss., 471 (12 So., 482).
A fireman on a locomotive and a telegraphic operator at a railroad station are engaged in different departments of labor or "about a different piece of work," within the meaning of the section. Ib.
A brakeman who violates a rule of the railroad company, although acting in so doing by order of the conductor, who had "the right to control or direct his services," within the meaning of the section, cannot recover for injuries received because of so doing, since he was under no obligation to obey an order to violate a rule binding alike on him and the conductor. Rich- mond R. Co. v. Rush, 71 Miss., 987 (15 So., 133).
That part of the section providing that "knowledge by an employe injured of the defective or unsafe character or condi- tion of any machinery, ways or appliances shall not be a de- fense," etc., has no application to a case where a defective car, not used by the company in its business, but which has been con- demned to the repair shops, has safely reached the station of its .destination and is being transferred to the shops, when an employe in handling it is injured; and it is immaterial that the car might have been left at shops on the route nearer the place of starting. Illinois, etc., R. R. Co. v. Bowles, 71 Miss., 1003 (15 So., 138).
An action cannot be maintained, based on the section, by an administrator of a deceased employe for injuries causing the death of the intestate if the death was instantaneous. McVey, admx., v. Illinois, etc., R. R. Co., 73 Miss., 487 (19 So., 209).
The section does not destroy the defense of contributory negli- gence. It merely abrogates the previous rule that knowledge of the defects and dangers was, of itself, a bar. Buckner v. Richmond, etc., R. R. Co., 72 Miss., 873 (18 So., 449).
Engineers and conductors in charge of dangerous or unsafe cars or engines, voluntarily operated by them, are exempted from the section. Illinois, etc., R. R. Co. v. Guess, 74 Miss., 170 (21 So., 50).
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