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such corporation, except upon the condition that such corpora tion shall thereafter hold its charter subject to the provisions of this constitution.

8 4. 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, the same as the property of individuals, and the exercise of the police power of the state shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well being of the state.

% 5. In all elections for directors or managers of a corpor ation each member or shareholder may cast the whole number of his votes for one candidate, or distribute them upon two or more candidates as he may prefer.

? 6. No foreign corporation shall do any business in this state without having one or more known places of business and an authorized agent or agents in the same upon whom process may be served.

7. No corporation shall engage in any business other than that expressly authorized in its charter, nor shall it take or hold any real estate except such as may be necessary and proper for its legitimate business.

% 8. No corporation shall issue stocks or bonds except for money, labor done, or money or property actually received; and all ficticious increase of stock or indebtedness shall be void. The stock and indebtedness of corporations shall not be increased except in pursuance of general law nor without the consent of the persons holding the larger amount in value of the stock first obtained, at a meeting to be held after sixty days' notice given in pursuance of law.

8 9. The legislature shall have the power to alter, revise or annul any charter of any corporation now existing and revokable at the taking effect of this constitution, or any that may be created, whenever in their opinion it may be injurious to the citizens of this state, in such a manner, however, that no injustice shall be done to the incorporators. No law hereafter enacted shall create, renew or extend the charter of more than one corporation.

? 10. No law shall be passed by the legislature granting the right to construct and operate a street railroad within any city, town or incorporated village without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by said such street railroad.

11. Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph in this state, and to 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 company shall consolidate with or hold a controlling interest in the stock or bonds of any other telegraph company owning a competing line, or acquire by purchase or otherwise any other competing line of telegraph.

12. Every railroad corporation organized or doing business in this state under the laws or authority thereof shall have and maintain a public office or place in this State for the transaction of its business, where transfers of its stocks shall be made and in which shall be kept for public inspection books in which shall be recorded the amount of capital stock subscribed, and by whom; the names of the owners of its stock, and the amount owned by them respectively; the amount of stock paid in, and by whom; the transfers of said stock; the amount of its assets and liabilities, and the names and place of residence of its officers. The directors of every railroad corporation shall annually make a report, under oath, to the auditor of public accounts or some officer or officers to be designated by law, of all their acts and doings, which report shall include such 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.

13. The 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 legislature shall pass no laws exempting such property from execution and sale.

% 14. No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a parallel or competing line; and in no case shall any consolidation take place except upon public notice given out, at least sixty days to all stockholders in such manner as may be provided by law. Any attempt to evade the provisions of this section, by any railroad corporation, by lease or otherwise, shall work a forfeiture of its charter.

? 15. Railways heretofore constructed or that may hereafter be constructed, in this state, are hereby declared public highways, and all railroads and transportation companies are declared to be common carriers and subject to legislative control; and the legislature shall have power to enact laws regulating and controlling the rates of charges for the transportation of passengers and freight as such common carrier from one point to another in this state.

16. Any association or corporation organized for the purpose shall have the right to construct and operate a rail

road 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 railroad, and shall receive and transport each the other's passengers, tonnage and cars, loaded or empty, without delay or discrimination.

? 17. The legislature shall pass laws to correct abuses and prevent discrimination and extortion in the rates of freight and passenger tariffs on the different railroads 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.

18. Municipal and other corporations and individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed, by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction. The legislature is hereby prohibited from depriving any person of an appeal from any preliminary assessment of damages against any such corporation or individuals made by viewers or otherwise, and the amount of such damages in all cases of appeal shall, on the demand of either party, be determined by a jury as in other civil cases.

% 19. The term "corporations" as used in this article shall be construed to include all joint stock companies or associations having any of the powers or privileges of corporations not pos sessed by individuals or partnerships.

ARTICLE XVIII.

BANKING AND CURRENCY.

1. If a general banking law shall be enacted it shall provide for the registry and countersigning by an officer of this State of all bills or paper credit designed to circulate as money, and require security to the full amount thereof, to be deposited with the state treasurer, in the approved securities of the state or of the United States, to be rated at ten per centum below their par value, and in case of their depreciation the deficiency shall be made good by depositing additional securities.

Every bank, banking company or corporation shall be required to cease all banking operation within twenty years from the time of its organization, and promptly thereafter close its business, but shall have corporate capacity to sue or be sued

until its business is fully closed, but the legislature may provide by general law for the reorganization of such banks.

8 3. The shareholders or stockholders of any banking corporation shall be held individually responsible and liable for all contracts, debts and engagements of such corporation to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares or stock; and such individual liabilities shall continue for one year after any transfer or sale of stock by any stockholder or stockholders.

ARTICLE XIX.

CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT.

? 1. Until otherwise provided by law, the members of the house of representatives of the United States, apportioned to this state, shall be elected by the state at large.

2. Until otherwise provided by law, the senatorial and representative districts shall be formed, and the senators and representatives shall be apportioned, as follows:

SENATORIAL DISTRICTS.

District No. 1 shall consist of the county of Union and be entitled to one senator.

District No. 2 shall consist of the county of Clay, and be entitled to one senator.

District No. 3 shall consist of the county of Yankton, and be entitled to one senator.

District No. 4 shall consist of the county of Bon Homme, and be entitled to one senator.

District No. 5 shall consist of the county of Lincoln, and be entitled to one senator.

District No. 6 shall consist of the county of Turner, and be entitled to one senator.

District No. 7 shall consist of the county of Hutchinson, and be entitled to one senator.

District No. 8 shall consist of the counties of Charles Mix and Douglas, and be entitled to one senator.

District No. 9 shall consist of the county of Minnehaha, and be entitled to two senators.

District No. 10 shall consist of the county of McCook, and be entitled to one senator.

District No. 11 shall consist of the county of Hanson, and be entitled to one senator.

District No. 12 shall consist of the county of Davison, and be entitled to one senator.

District No. 13 shall consist of the county of Aurora, and be entitled to one senator.

District No. 14 shall consist of the county of Brule, and be entitled to one senator.

District No. 15 shall consist of the county of Moody, and be entitled to one senator.

District No. 16 shall consist of the county of Lake, and be entitled to one senator.

District No. 17 shall consist of the county of Miner, and be entitled to one senator.

District No. 18 shall consist of the county of Sanborn, and be entitled to one senator.

District No. 19 shall consist of the counties of Jerauld and Buffalo, and be entitled to one senator.

District No. 20 shall consist of the county of Brookings, and be entitled to one senator.

District No. 21 shall consist of the county of Kingsbury, and be entitled to one senator.

District No. 22 shall consist of the county of Beadle, and be entitled to one senator.

District No. 23 shall consist of the county of Hand and be entitled to one senator.

District No. 24 shall consist of the counties of Hyde and Hughes and be entitled to one senator.

District No. 25 shall consist of the counties of Sully and Potter, and be entitled to one senator.

District No. 26 shall consist of the county of Deuel, and be entitled to one senator.

District No. 27 shall consist of the county of Hamlin, and be entitled to one senator.

District No. 28 shall consist of the county of Codington, and be entitled to one senator.

District No. 29 shall consist of the county of Clark, and be entitled to one senator.

District No. 30 shall consist of the county of Spink, and be entitled to two senators.

District No. 31 shall consist of the counties of Grant and Roberts, and be entitled to one senator.

District No. 32 shall consist of the county of Day, and be entitled to one senator.

District No. 33 shall consist of the county of Brown, and be entitled to two senators.

District No. 34 shall consist of the county of Marshall, and be entitled to one senator.

District No. 35 shall consist of the county of Faulk, and be entitled to one senator.

District No. 36 shall consist of the counties of Edmunds and McPherson, and be entitled to one senator.

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