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  1. Overview: Utah State Constitutional Convention 1895 (2020 Edition)
  2. Full Record: Utah State Constitutional Convention 1895 (2020 Edition)
  3. Committee:The Convention
  4. Session: 1895-04-29 09:20:00
  5. Event type: CREATE

Utah State Constitutional Convention 1895 (2020 Edition)

Proceedings and Debates of the Convention Assembled to Adopt a Constitution for the State of Utah

The Convention

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Document introduced in:

Session 7394: 1895-04-29 09:20:00

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Articles on Corporations other than Municipal [Article 21.3]

There are 2 proposed amendments related to this document on which decisions have not been taken.

Section 1. Corporations may be formed under general laws but shall not be created by special acts. All laws relating to corporations may be altered, amended or repealed by the legislature at any time, and all corporations doing business in this Stat may, as to such business, be regulated, limited or restrained by law.

Section 2. All existing charters, franchises, special or exclusive privileges, under which an actual and 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 have no validity, and 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 3. The Legislature shall not extend any franchise or charter, nor remit the forfeiture of any franchise or charter of any corporation now existing, or which shall hereafter exist under the laws of this State.

Section 4. The term “corporations”, as used in this article, shall be construed to include all associations and joint stock companies having amy powers or privileges of corporations not possessed by individuals or partnerships, and all corporations shall have the right to sue and shall be subject to be sued, in all courts, in like cases an natural persons.

Section 5. Corporations shall not issue stock, except to bona-fide subscribers thereof, or their assignee, nor shall any corporation issue any bond or other obligation, for the payment of money, except for money or property received or labor done. The stock of corporations shall not be increased, except in pursuance of a general law. Nor shall any law authorise the increase of stock without the consent of the person or persons holding the larger amount in value of the stock, not without due notice of the proposed increase having been previously given in such manner as may be prescribed by law. All fictitions increase of stock or indebtedness shall be void.

Section 6. No corporation organized outside the limits of this state shall be allowed to transact business within the State on more favorable conditions than are prescribed by law to similar corporations organized under the laws of this State.

Section 7. No corporation shall lease or alienate any franchise, so as to relieve the franchise or property held thereunder from the liabilities if the lessor, or grantor, lessee, or grantee, contracted or incurred in operation, use or enjoyment of such franchise or any of its privileges.

Section 8.

Section 9. No law shall be passed granting the right to construct and operate a street railroad, telegrapg, telephone or electric light plant within any city, or incorporated town without the consent of the local authorities having the control of the street or highway proposed to be occupied for such purposes.

Section 10. No corporation shall do business in this state. Without having one or more places of business and an authorised agent or agents in the same, upon when process may be served. Nor without first filing a certified copy of its incorporation and with the secretary of state.

Section 11. No corporation shall engage in business other than that expressly authorised in its charter or articles of incorporation

Section 12. The exercise of the right of eminent domain shall never be so abridged or 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.

Section 13. All railroads and other transportation companies are declared to be common carriers and subject to legislative control. And such companies shall receive and transport each other’s passengers, and freight without discrimination or unnecessary delay.

Section 14.

Section 15. No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a competing line.

Section 16. The rolling stock and other moveable property belonging to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to taxation and to execution and sale in the same manner as the personal property of individuals, and such property shall not be exempted from execution and sale.

Section 17. The legislature shall pass paws establishing reasonable maximum rates of charges for the transportation of passengers and freight, and to correct abuses and to prevent discrimination and extortion in the rates of freight and passenger tariffs on the different railroads and other common carriers in the State, and shall enforce such law by adequate penalties.

Section 18.

Section 19.

Section 20. No corporation or association shall bring any armed person or bodies of men into this state for the preservation of the peace or the suppression of domestic violence, without authority of law.

Section 21. No officer, employee, attorney or agent of any corporation, company or association doing business under or by virtue of any municipal charter or franchise shall be eligible to or be permitted to hold any municipal office in the municipality granting such charter or franchise.

Section 22.

Section 23.

Section 24.

Section 25.

Section 26.

Section 27.

Section 28.

Section 29.

Section 30.

Section 31.

Section 32. The stockholders in every corporation and joint stock association for banking purposes, shall, in addition to the amount of capital stock subscribed and bully paid by them, be individually responsible for an additional amount equal to the amount of their stock in such corporation, for all its debts and liabilities of every kind.

Section 33.

Section 34.

Section 35.

Section 36.

Section 37. Every person this State shall be free to obtain employment wherever possible, and any person, corporation or agent, servant or employe thereof maliciously interfering or hindering in any way any person from obtaining or enjoying employment already obtained from any other corporation or person, shall be deemed guilty of crime. The legislature shall provide by law or the enforcement of this article.

Section 38. Any combination between individuals, corporations, associations, or either, having for its object or effect the controlling of the price of any product of the soil or any article of manufacture or commerce, or the cost of exchange or transportation, is prohibited and hereby declared unlawful and against public policy. The Legislature shall pass laws for the enforcement of this section by adequate penalties and in case of incorporated companies, if necessary for that purpose, may declare a forfeiture of their franchises.

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