vision. In addition, there is an absence of clauses relating to railways in the organic codes of the territories of Arizona and New Mexico. With these exceptions, every state in the Union contains more or less elaborate provisions on this subject, varying from the less comprehensive and incomplete sections of many of the constitutions of the older states to those much wider in their scope and stringent in their nature, as in the recently adopted constitution of Montana.

By far the greater part of the contents of all the constitutional provisions may be grouped under three general heads: first, those relating to incorporation; second, those relating to public aid, and, third, to direct regulation and control, the latter having in view the correction of abuses and the establishment of equitable rates. While a few of these provisions are negative in their character, a good many of them are positive, empowering legislatures to establish rates and to do other things calculated to subordinate the agencies of transportation to the public good.

Acceptance of the Constitution. Fifteen state constitutions contain provisions to the effect that no railway, canal, or other transportation company in existence at the time of the ratification of the constitution shall have the benefit of any future legislation by general or special laws other than in execution of a trust created by law or by a contract, except on the condition of complete acceptance of all the provisions of the section or article

of the constitution in question. In a few instances the further provision is embodied that whenever existing charters are revised or amended, the same shall become subject to the constitution.1

Corporations organized under General Laws. — In the chapter on Early Railway Charters it was noted that great crops of special charters were produced in all sections of the country, and it was perhaps a reaction against these excesses in special and local legislation which led to the adoption of constitutional provisions prohibiting the organization of railway and similar companies under special charters. One method of avoiding these constitutional and statutory provisions was observed in the case of the Northern Pacific Railway; but section 21 of the original charter of the Superior and St. Croix Railroad Company declared "that in the judgment of the legislature of this state the object of the corporation hereby created cannot be attained under the general laws." The later constitutions of the Western states are very stringent in this respect, and the organization of a large class of corporations, of which railways are an important member, under special acts, is rigidly prohibited.2

1 The constitutions incorporating such provisions are found in Alabama, Arkansas, Colorado, Delaware, Idaho, Kentucky, Louisiana, Mississippi, Montana, North Dakota, Pennsylvania, South Dakota, Texas, Utah, and Wyoming.

2 The following states have incorporated such prohibitions in their constitutions: Arkansas, California, Colorado, Delaware, Florida, Illinois, Idaho, Indiana, Iowa, Louisiana, Maryland, Michigan, Min

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Previously granted Charters. Closely allied to the last type of constitutional provisions is another, found in only six states, which invalidates all charters and special or exclusive privileges granted before the adoption of the constitution, unless organization had been actually effected. Organization thereafter could not be effected without a full acceptance of the new constitution.1

Special Charters. — In addition to the positive provision that railway companies shall be organized under general laws, nineteen constitutions contain the negative clause that no special charters shall be granted, except for charitable, educational, and certain other purposes, when the same shall remain under state control. A few constitutions specify that special charters may be granted to corporations and organizations not having in view financial gain.2

Railways Public Carriers.-The analogy of railways to common roads and other public highways is expressed in constitutional provisions declaring all railway and canal companies to be common carriers. While provisions bearing on this topic are differently worded in the different constitu

nesota, Missouri, New York, North Carolina, South Carolina, Utah, West Virginia, Wisconsin, and Wyoming.

1 This is found in the constitutions of Arkansas, California, Colorado, Kentucky, Idaho, and Wyoming.

2 The following are the states whose constitutions contain such provisions: Arkansas, Colorado, Idaho, Kentucky, Kansas, Minnesota, Mississippi, Missouri, Nevada, New Jersey, North Dakota, Ohio, Oregon, South Dakota, Tennessee, Texas, Utah, Washington, and Wyoming.

tions, sometimes a separate section being devoted to it, and in other instances only a phrase or sentence embodied in another section, the meaning is usually the same; namely, the declaration that the railway is a public highway and that railway companies are common carriers.1

Eminent Domain and Public Use.-Ever since the Supreme Court of the United States handed down the decision of Munn v. Illinois, declaring that whenever a person devotes his property to a use in which the public has an interest, he must grant, to the extent of that interest, the right of the state to control that property, no one could consistently question the public nature of railways. This fact has found common expression in the term "quasi public," which is now generally applied to railway corporations. A large number of state constitutions declare that the respective legislatures may take the franchise and property of railway companies and subject the same to public use, when the general welfare requires it, in the same manner in which the property of individuals is taken. In other words, these states reserve in their constitutions the power to exercise the right of eminent domain over all the corporate property of a railway company.2

1 The following constitutions contain such provisions: Alabama, Arkansas, Colorado, Idaho, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Pennsylvania, South Dakota, Texas, Utah, Washington, West Virginia, and Wyoming.

2 The following states have this provision: Arkansas, California, Colorado, Idaho, Illinois, Kentucky, Mississippi, Missouri, Montana,

Power to annul Charters. Sixteen states reserve constitutional power to alter, amend, revoke, or annul charters granted under special or general laws, whenever in the opinion of the legislature it may be injurious to the citizens of the state in question to continue the same. Usually the additional clause is incorporated that in case of such repeal or revocation no injustice shall be done to the members of the corporation.1

Public Aid. Even after the downfall of the national system of internal improvements, together with the failure of individual states to make such works a success, subordinate political unitscounties, towns, cities, villages, etc.-extended aid to railway companies in a variety of ways, the most common among which were granting the right of way, making cash donations, purchasing bonds, or becoming stockholders, loaning the public credit, etc. Provisions relating to subscriptions to stock are found in fourteen, and to loaning of the public credit in sixteen constitutions.2 Nebraska, North Dakota, Pennsylvania, South Dakota, Washington, West Virginia, and Wyoming.

1 Found in the constitutions of Arkansas, California, Colorado, Idaho, Iowa, Kansas, Mississippi, Montana, New York, North Carolina, Oregon, South Dakota, Utah, Washington, Wisconsin, and Wyoming.

2 The former including the following states: Arkansas, Connecticut, Delaware, Florida, Idaho, Louisiana, Kentucky, Mississippi, Missouri, Oregon, Pennsylvania, Virginia, Washington, and Wyoming; the latter, Connecticut, Florida, Louisiana, Maine, Mississippi, Nevada, New York, North Carolina, excepting a few specified Oregon, Pennsylvania, Texas, Utah, Virginia, Washington,

cases,