Article XI.,

Section 1 All existing charters or grants of special or exclusive privileges, under which the corporators or grantees shall not have organized or commenced business in good faith at the time of the adoption of this constitution, shall thereafter have no validity.

Sec. 2 No charter of incorporation shall be granted, extended, changed or amended by special law, except for such municipal, charitable, educational, penal, or reformatory corporations as are or may be under the control of the State, but the legislature shall provide by general law for the organization of corporations hereafter to be created: Provided that any such general law shall be subject to future repeal or alteration by the legislature.

Sec. 3 The legislature may provide by law for revoking or annulling any charter of incorporation existing and revokable at the time of the adoption of this constitution, whenever in its opinion it may be injurious to the citizens of the State.

Sec. 4 The legislative assembly shall provide by law that in all elections for directors or managers of incorporated companies every stockholder shall have the right to vote in person or by proxy for the number of shares of stock owned by him for as many persons as there are directors or managers to be elected or to cumulate said shares, and give one candidate as many votes as the number of directors multiplied by the number of his shares of stock shall equal, or to distribute them, on the same principle, among as many candidates as he shall think fit, and such directors shall not be elected in any other manner.

Sec. 5 All railroads shall be public highways, and all railroad, transportation, and express companies shall be common carriers, and subject to legislative control, and the legislative assembly shall have power to regulate and control by law the rates of charges for the transportation of passengers and freight by such companies or other common carriers from one point to another in the State. Any association or corporation organized for the purpose, shall have the right to construct and operate a railroad between any designated points within this State, and to connect within or at the State line with railroads of other States and Territories. Every railroad company shall have the right with its road to intersect, connect with, or cross any other railroad under such regulations as may be prescribed by law, and upon making due compensation.

Sec. 6

Sec. 7 All individuals, associations, and corporations similarly situated, shall have equal rights to have persons or property transported on and over any railroad transportation, or express route in this State except that preference may be given to perishable property. No undue or unreasonable discrimination shall be made in charges or facilities for transportation of freight or passengers of the same class, by any railroad, or transportation, or express company between persons or places within this State; but excursion or commutation tickets may be issued and sold at special rates, provided such rates are the same to all persons. No railroad, or transportation, or express company shall be allowed to charge, collect, or receive, under penalties which the legislative assembly shall prescribe, any greater charger or toll for the transportation of freight or passengers to any place or station upon its route or line than it charges for the transportation of the same class of freight or passengers to any more distant place or station upon its route or line within this State. No railroad, express, or transportation company, nor any lessee, manager, or other employee thereof, shall give any preference to any individual, association, or corporation, in furnishing cars or motive power or for the transportation of money or other express matter.

Sec. 8. No railroad, express, or other transportation company, in existence at the time of the adoption of this constitution, shall have the benefit of any future legislation, without first filing in the office of Secretary of State an acceptance of the provisions of this constitution in binding form.

Sec. 9. The right of eminent domain shall never be abridged, nor so construed as to prevent the legislative assembly from taking the property and franchises of incorporated companies, and subjecting them to public use the same as the property of individuals; and the police powers of the State shall never be abridged, or so construed as to permit corporations to conduct their business in such manners as to infringe the equal rights of individuals, or the general, well being of the State.

Sec. 10. No corporation shall issue stocks or bonds, except for labor done, services performed, or money or property actually received, and all fictitious increase of stock or indebtedness shall be void. The stock of corporations shall not be increased except in pursuance of general law, nor without the consent of the persons holding a majority of the stock, first obtained at a meeting held after at least thirty days notice given in pursuance of law.

Sec. 11. 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; and no company or corporation formed under the laws of any other country, State, or Territory shall have or be allowed to exercise or enjoy within this State any greater rights or privileges than those possessed or enjoyed by corporations of the same or similar character created under the laws of this State.

Sec. 12. No street or other railroad shall be constructed within any city, town, or incorporated village, without the consent of the local authorities having the control of the street or highway proposed to be occupied by such street or other railroad.

Sec. 13. The legislative assembly shall pass no law for the benefit of a railroad or other corporation, or any individual or association of individuals, retroactive in its operation, or which imposes on the people of any county or municipal subdivision of the State a new liability in respect to transactions or considerations already past other than to enable such corporations, individuals or associations of individuals to comply with the provisions of this article.

Sec. 14. 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 or telephone within this State, and connect the same with other lines; and the legislative assembly shall by general law of uniform operation provided reasonable regulations to give full effect to this section.

Sec. 15. If any railroad, telegraph, express, or other corporation, organized under any of the laws of this State, shall consolidate, by sale or otherwise with any railroad, telegraph, express or other corporation organized under any of the laws of any other State or Territory or of the United States, the same shall not thereby become a foreign corporation, but the courts of this State shall retain jurisdiction over that part of the corporate property within the limits of the State, in all matters that may arise as if said consolidation had not taken place.

Sec. 16

Sec. 17. The legislative assembly shall not pass any law permitting the leasing or alienation of any franchise so as to release or relieve the franchise or property held thereunder from any of the liabilities of the lessor or grantor, or lessee or grantee, contracted or incurred in the operation, use, or enjoyment of such franchise, or any of its privileges.

Sec. 18. The term “corporation” as used in this article shall be held and construed to include all associations and joint stock companies, having or exercising any of the powers or privileges of corporations not possessed by individuals or partnerships.

Sec. 19. Dues from private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stockholder be individually liable in any amount over or above the amount of stock owned by him.

Sec. 20

Sec. 21. That no incorporated company or any association of persons or stock company in the state of Idaho, shall directly, or indirectly combine or make any contract with any incorporated company, foreign or domestic, through their stockholders or the trustees or assignees of such stockholders, or in any manner whatsoever, for the purpose of fixing the price, or regulating the production of any article of commerce or of produce of the soil, or of consumption by the people, and that the legislature be required to pass laws for the enforcement thereof by adequate penalties, to the extent, if necessary for that purpose, of the forfeiture of their property and franchise.