Difference between revisions of "Article 17, Arkansas Constitution"

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==Section 1==
 
==Section 1==
  
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'''Common carriers - Construction of Railroads'''
 
'''Common carriers - Construction of Railroads'''
  
All railroads, canals and turnpikes shall be public highways, and all railroads and canal companies shall be common carriers. Any association or corporation, organized for the purpose, shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads of other States. Every railroad company shall have the right with its road to intersect, connect with, or cross any other road, and shall receive and transport each the other's passengers, tonnage and cars, loaded or empty, without delay or discrimination.
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All railroads, canals and turnpikes shall be public highways, and all railroads and canal companies shall be common carriers. Any association or corporation, organized for the purpose, shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads of other States. Every railroad company shall have the right with its road to intersect, connect with, or cross any other road, and shall receive and transport each the other's passengers, tonnage and cars, loaded or empty, without delay or discrimination.<ref>[http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf Text of Article 17 Section 1]</ref>
  
 
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==Section 2==
 
==Section 2==
  
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'''Offices of Common Carriers'''
 
'''Offices of Common Carriers'''
  
Every railroad, canal or turnpike corporation operated, or partly operated in this State, shall maintain one office therein, where transfers of its stock shall be made and where its books shall be kept for inspection by any stockholder or creditor of such corporation; in which shall be recorded the amount of capital stock subscribed or paid in, and the amounts owned by them respectively, the transfer of said stock, and the names and places of residence of the officers.
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Every railroad, canal or turnpike corporation operated, or partly operated in this State, shall maintain one office therein, where transfers of its stock shall be made and where its books shall be kept for inspection by any stockholder or creditor of such corporation; in which shall be recorded the amount of capital stock subscribed or paid in, and the amounts owned by them respectively, the transfer of said stock, and the names and places of residence of the officers.<ref>[http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf Text of Article 17 Section 2]</ref>
  
 
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==Section 3==
 
==Section 3==
  
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'''Equal Right to Transportation'''
 
'''Equal Right to Transportation'''
  
All individuals, associations and corporations shall have equal right to have persons and property transported over railroads, canals and turnpikes; and no undue or unreasonable discrimination shall be made in charges for, or in facilities for transportation of freight or passengers within the State, or coming from, or going to any other State. Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class, in the same direction, to any more distant station. But excursion and commutation tickets may be issued at special rates.
+
All individuals, associations and corporations shall have equal right to have persons and property transported over railroads, canals and turnpikes; and no undue or unreasonable discrimination shall be made in charges for, or in facilities for transportation of freight or passengers within the State, or coming from, or going to any other State. Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class, in the same direction, to any more distant station. But excursion and commutation tickets may be issued at special rates.<ref>[http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf Text of Article 17 Section 3]</ref>
  
 
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==Section 4==
 
==Section 4==
  
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'''Parallel or Competing Lines'''
 
'''Parallel or Competing Lines'''
  
No railroad, canal or other corporation, or the lessees, purchasers or managers of any railroad, canal or corporation shall consolidate the stock, property or franchises of such corporation with, or lease, or purchase the works or franchises of, or in any way control any other railroad or canal corporation owning or having under its control a parallel or competing line, nor shall any officer of such railroad or canal corporation act as an officer of any other railroad or canal corporation owning or having control of a parallel or competing line; and the question whether railroads or canals are parallel or competing lines shall, when demanded by the party complainant, be decided by a jury as in other civil issues.
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No railroad, canal or other corporation, or the lessees, purchasers or managers of any railroad, canal or corporation shall consolidate the stock, property or franchises of such corporation with, or lease, or purchase the works or franchises of, or in any way control any other railroad or canal corporation owning or having under its control a parallel or competing line, nor shall any officer of such railroad or canal corporation act as an officer of any other railroad or canal corporation owning or having control of a parallel or competing line; and the question whether railroads or canals are parallel or competing lines shall, when demanded by the party complainant, be decided by a jury as in other civil issues.<ref>[http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf Text of Article 17 Section 4]</ref>
  
 
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==Section 5==
 
==Section 5==
  
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'''Officers, Agents and Employees of Carrier - Personal Interest in Contracts Prohibited'''
 
'''Officers, Agents and Employees of Carrier - Personal Interest in Contracts Prohibited'''
  
No president, director, officer, agent or employee of any railroad or canal company, shall be interested, directly or indirectly, in the furnishing of material or supplies to such company, or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled or worked by such company. Nor in any arrangement which shall afford more advantageous terms, or greater facilities than are offered or accorded to the public. And all contracts and arrangements in violation of this section shall be void.
+
No president, director, officer, agent or employee of any railroad or canal company, shall be interested, directly or indirectly, in the furnishing of material or supplies to such company, or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled or worked by such company. Nor in any arrangement which shall afford more advantageous terms, or greater facilities than are offered or accorded to the public. And all contracts and arrangements in violation of this section shall be void.<ref>[http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf Text of Article 17 Section 5]</ref>
  
 
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==Section 6==
 
==Section 6==
  
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'''Discrimination by Carriers'''
 
'''Discrimination by Carriers'''
  
No discrimination in charges, or facilities for transportation, shall be made between transportation companies and individuals, or in favor of either by abatement, drawback or otherwise; and no railroad or canal company, or any lessee, manager or employee thereof shall make any preferences in furnishing cars or motive power.
+
No discrimination in charges, or facilities for transportation, shall be made between transportation companies and individuals, or in favor of either by abatement, drawback or otherwise; and no railroad or canal company, or any lessee, manager or employee thereof shall make any preferences in furnishing cars or motive power.<ref>[http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf Text of Article 17 Section 6]</ref>
  
 
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==Section 7==
 
==Section 7==
  
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'''Free passes'''
 
'''Free passes'''
  
The General Assembly shall prevent by law the granting of free passes by any railroad or transportation company to any officer of this State, legislative, executive or judicial.
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The General Assembly shall prevent by law the granting of free passes by any railroad or transportation company to any officer of this State, legislative, executive or judicial.<ref>[http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf Text of Article 17 Section 7]</ref>
  
 
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==Section 8==
 
==Section 8==
  
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'''Condition of Remission of Forfeitures'''
 
'''Condition of Remission of Forfeitures'''
  
The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any general or special law for the benefit of such corporation, except on condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution.
+
The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any general or special law for the benefit of such corporation, except on condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution.<ref>[http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf Text of Article 17 Section 8]</ref>
  
 
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==Section 9==
 
==Section 9==
  
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'''Right of Eminent Domain'''
 
'''Right of Eminent Domain'''
  
The exercise of the right of eminent domain shall never be abridged or so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies, and subjecting them to public - use the same as the property of individuals.
+
The exercise of the right of eminent domain shall never be abridged or so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies, and subjecting them to public - use the same as the property of individuals.<ref>[http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf Text of Article 17 Section 9]</ref>
  
 
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==Section 10==
 
==Section 10==
  
''[As amended by Const. Amend. 2.]''
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'''Regulation of Carriers'''
 
'''Regulation of Carriers'''
  
The General Assembly shall pass laws to correct abuses and prevent unjust discrimination and excessive charges by railroads, canals and turn-pike companies for transporting freight and passengers, and shall provide for enforcing such laws by adequate penalties and forfeitures, and shall provide for the creation of such offices and commissions and vest in them such authority as shall be necessary to carry into effect the powers hereby conferred.  
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The General Assembly shall pass laws to correct abuses and prevent unjust discrimination and excessive charges by railroads, canals and turn-pike companies for transporting freight and passengers, and shall provide for enforcing such laws by adequate penalties and forfeitures, and shall provide for the creation of such offices and commissions and vest in them such authority as shall be necessary to carry into effect the powers hereby conferred.<ref>[http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf Text of Article 17 Section 10]</ref>
  
 
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==Section 11==
 
==Section 11==
  
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'''Movable Property of Carriers Subject to Execution'''
 
'''Movable Property of Carriers Subject to Execution'''
  
That rolling stock and all other movable property belonging to any railroad company or corporation in this State shall be considered personal property, and shall be liable to execution and sale, in the same manner as the personal property of individuals, and the General Assembly shall pass no law exempting any such property from execution and sale.
+
That rolling stock and all other movable property belonging to any railroad company or corporation in this State shall be considered personal property, and shall be liable to execution and sale, in the same manner as the personal property of individuals, and the General Assembly shall pass no law exempting any such property from execution and sale.<ref>[http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf Text of Article 17 Section 11]</ref>
  
 
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==Section 12==
 
==Section 12==
  
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'''Damages by Railroads to Persons and Property - Liability'''
 
'''Damages by Railroads to Persons and Property - Liability'''
  
All railroads, which are now, or may be hereafter built, and operated either in whole or in part, in this State, shall be responsible for all damages to persons and property, under such regulations as may be prescribed by the General Assembly.
+
All railroads, which are now, or may be hereafter built, and operated either in whole or in part, in this State, shall be responsible for all damages to persons and property, under such regulations as may be prescribed by the General Assembly.<ref>[http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf Text of Article 17 Section 12]</ref>
  
 
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==Section 13==
 
==Section 13==
  
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'''Annual Reports of Railroads'''
 
'''Annual Reports of Railroads'''
  
The directors of every railroad corporation shall annually make a report under oath to the Auditor of Public Accounts, of all of their acts and doings, which reports shall include such matters relating to railroads as may be prescribed by law, and the General Assembly shall pass laws enforcing, by suitable penalties, the provisions of this section.
+
The directors of every railroad corporation shall annually make a report under oath to the Auditor of Public Accounts, of all of their acts and doings, which reports shall include such matters relating to railroads as may be prescribed by law, and the General Assembly shall pass laws enforcing, by suitable penalties, the provisions of this section.<ref>[http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf Text of Article 17 Section 13]</ref>
  
 
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==References==
 
==References==
{{reflist}}
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{{reflist|3}}
  
 
==External links==
 
==External links==
* [http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf Full text of Arkansas constitution](see page 67)
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* [http://www.arkleg.state.ar.us/assembly/Summary/ArkansasConstitution1874.pdf Full text of Arkansas constitution](see PDF page 78)
* [http://www.sos.arkansas.gov/ar-constitution/arcart17/arcart17.htm Links by section to full text of Article XVII]
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==Navigation==
 
==Navigation==
 
{{Arkansas Constitution}}
 
{{Arkansas Constitution}}

Revision as of 15:15, 18 July 2013

Arkansas Constitution
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Amendments
Article 17 of the Arkansas Constitution is entitled Railroads, Canals and Turnpikes and contains 13 sections.

Section 1

Text of Section 1:

Common carriers - Construction of Railroads

All railroads, canals and turnpikes shall be public highways, and all railroads and canal companies shall be common carriers. Any association or corporation, organized for the purpose, shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads of other States. Every railroad company shall have the right with its road to intersect, connect with, or cross any other road, and shall receive and transport each the other's passengers, tonnage and cars, loaded or empty, without delay or discrimination.[1]

Section 2

Text of Section 2:

Offices of Common Carriers

Every railroad, canal or turnpike corporation operated, or partly operated in this State, shall maintain one office therein, where transfers of its stock shall be made and where its books shall be kept for inspection by any stockholder or creditor of such corporation; in which shall be recorded the amount of capital stock subscribed or paid in, and the amounts owned by them respectively, the transfer of said stock, and the names and places of residence of the officers.[2]

Section 3

Text of Section 3:

Equal Right to Transportation

All individuals, associations and corporations shall have equal right to have persons and property transported over railroads, canals and turnpikes; and no undue or unreasonable discrimination shall be made in charges for, or in facilities for transportation of freight or passengers within the State, or coming from, or going to any other State. Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class, in the same direction, to any more distant station. But excursion and commutation tickets may be issued at special rates.[3]

Section 4

Text of Section 4:

Parallel or Competing Lines

No railroad, canal or other corporation, or the lessees, purchasers or managers of any railroad, canal or corporation shall consolidate the stock, property or franchises of such corporation with, or lease, or purchase the works or franchises of, or in any way control any other railroad or canal corporation owning or having under its control a parallel or competing line, nor shall any officer of such railroad or canal corporation act as an officer of any other railroad or canal corporation owning or having control of a parallel or competing line; and the question whether railroads or canals are parallel or competing lines shall, when demanded by the party complainant, be decided by a jury as in other civil issues.[4]

Section 5

Text of Section 5:

Officers, Agents and Employees of Carrier - Personal Interest in Contracts Prohibited

No president, director, officer, agent or employee of any railroad or canal company, shall be interested, directly or indirectly, in the furnishing of material or supplies to such company, or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled or worked by such company. Nor in any arrangement which shall afford more advantageous terms, or greater facilities than are offered or accorded to the public. And all contracts and arrangements in violation of this section shall be void.[5]

Section 6

Text of Section 6:

Discrimination by Carriers

No discrimination in charges, or facilities for transportation, shall be made between transportation companies and individuals, or in favor of either by abatement, drawback or otherwise; and no railroad or canal company, or any lessee, manager or employee thereof shall make any preferences in furnishing cars or motive power.[6]

Section 7

Text of Section 7:

Free passes

The General Assembly shall prevent by law the granting of free passes by any railroad or transportation company to any officer of this State, legislative, executive or judicial.[7]

Section 8

Text of Section 8:

Condition of Remission of Forfeitures

The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any general or special law for the benefit of such corporation, except on condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution.[8]

Section 9

Text of Section 9:

Right of Eminent Domain

The exercise of the right of eminent domain shall never be abridged or so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies, and subjecting them to public - use the same as the property of individuals.[9]

Section 10

Text of Section 10:

Regulation of Carriers

The General Assembly shall pass laws to correct abuses and prevent unjust discrimination and excessive charges by railroads, canals and turn-pike companies for transporting freight and passengers, and shall provide for enforcing such laws by adequate penalties and forfeitures, and shall provide for the creation of such offices and commissions and vest in them such authority as shall be necessary to carry into effect the powers hereby conferred.[10]

Amendments

Section 11

Text of Section 11:

Movable Property of Carriers Subject to Execution

That rolling stock and all other movable property belonging to any railroad company or corporation in this State shall be considered personal property, and shall be liable to execution and sale, in the same manner as the personal property of individuals, and the General Assembly shall pass no law exempting any such property from execution and sale.[11]

Section 12

Text of Section 12:

Damages by Railroads to Persons and Property - Liability

All railroads, which are now, or may be hereafter built, and operated either in whole or in part, in this State, shall be responsible for all damages to persons and property, under such regulations as may be prescribed by the General Assembly.[12]

Section 13

Text of Section 13:

Annual Reports of Railroads

The directors of every railroad corporation shall annually make a report under oath to the Auditor of Public Accounts, of all of their acts and doings, which reports shall include such matters relating to railroads as may be prescribed by law, and the General Assembly shall pass laws enforcing, by suitable penalties, the provisions of this section.[13]

References

External links

Navigation