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Provided, That elections of State officers shall be held on a general election day, and elections of local officers shall be held on a municipal election day, except when; in either case, special elections may be required to fill unexpired terms.

Sec. 2. No member of Congress from this State, nor any person 169 holding or exercising any office or appointment of trust or profit under

the United States, shall at the same time hold or exercise any office in this State to which a salary, fees, or perquisites shall be attached. The General Assembly may by law declare what offices are incompatible.

Sec. 3. Any person who shall fight a duel, or send a challenge for 170 that purpose, or be aider or abettor in fighting a duel, shall be deprived

of the right of holding any office of honor or profit in this State, and may be otherwise punished as shall be prescribed by law.

ARTICLE XIII

New Counties

Sec. 1. No new county shall be established which shall reduce any 171 county to less than four hundred square miles, or to less than twenty

thousand inhabitants, nor shall any county be formed of less area, or containing a less population; nor shall any line thereof pass within ten miles of the county seat of any county proposed to be divided.

ARTICLE XIV

County Officers

Sec. 1. County officers shall consist of sheriffs, coroners, prothono172 taries, registers of wills, recorders of deeds, commissioners, treasurers,

surveyors, auditors or controllers, clerks of the courts, district attorneys, and such others as may from time to time be established by law; and no sheriff or treasurer shall be eligible for the term next succeeding the one for which he may be elected.

Sec. 2. County officers shall be elected at the municipal elections, 173 and shall hold their offices for the term of four years beginning on the

first Monday of January next after their election, and until their successors shall be duly qualified; all vacancies not otherwise provided for, shall be filled in such manner as may be provided by law.

Sec. 3. No person shall be appointed to any office within any 174 county, who shall not have been a citizen an an inhabitant therein

one year next before his appointment, if the county shall have been so long erected, but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken.

Sec. 4. Prothonotaries, clerks of the courts, recorders of deeds, 175 registers of wills, county surveyors, and sheriffs, shall keep their offices

in the county town of the county in which they respectively shall be officers.

Sec. 5. The compensation of county officers shall be regulated by law, and all county officers who are or may be salaried shall pay all 176 fees which they may be authorized to receive, into the treasury of the county or State, as may be directed by law. In counties containing over one hundred and fifty thousand inhabitants all county officers shall be paid by salary, and the salary of any such officer and his clerks, heretofore paid by fees, shall not exceed the aggregate amount of fees earned during his term and collected by or for him.

Sec. 6. The General Assembly shall provide by law for the strict accountability of all county, township and borough officers, as well as 177 for the fees which may be collected by them, as for all public or municipal moneys which may be paid to them.

Sec. 7. Three county commissioners and three county auditors shall be elected in each county where such officers are chosen, in the year one 178 thousand nine hundred and eleven and every fourth year thereafter; and in the election of said officers each qualified elector shall vote for no more than two persons, and the three persons having the highest number of votes shall be elected; any casual vacancy in the office of county commissioner or county auditor shall be filled, by the court of common pleas of the county in which such vacancy shall occur, by the appointment of an elector of the proper county who shall have voted for the commissioner or auditor whose place is to be filled.

ARTICLE XV

Cities and City Charters Sec. 1. Cities may be chartered whenever a majority of the electors of any town or borough having a population of at least ten thousand 179 shall vote at any general election in favor of the same.

Sec. 2. No debt shall be contracted or liability incurred by any municipal commission, except in pursuance of an appropriation 180 previously made therefor by the municipal government.

Sec. 3. Every city shall create a sinking fund, which shall be inviolably pledged for the payment of its funded debt.

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ARTICLE XVI

Private Corporations Sec. 1. All existing charters, or grants of special or exclusive privileges, under which a bona fide organization shall not have taken place 182 and business commenced in good faith, at the time of the adoption of this Constitution, shall thereafter have no validity.

Sec. 2. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or 183

pass any other general or special law for the benefit of such corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution.

Sec. 3. The exercise of the right of eminent domain shall never be 184 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; 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.

Sec. 4. In all elections for directors or managers of a corporation 185 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.

Sec. 5. No foreign corporation shall do any business in this State 186 without having one or more known places of business and an au

thorized agent or agents in the same upon whom process may be served.

Sec. 6. No corporation shall engage in any business other than that 187 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.

Sec. 7. No corporation shall issue stock or bonds except for money, 188 labor done, or money or property actually received; and all fictitious

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.

Sec. 8. Municipal and other corporations and individuals invested 189 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 General Assembly is hereby prohibited from depriving any person of an appeal from any preliminary assessment of damages against any such corporations 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, according to the course of the common law.

Sec. 9. Every banking law shall provide for the registry and 190 countersigning, by an officer of the State, of all notes or bills designed

for circulation, and that ample security to the full amount thereof shall be deposited with the auditor-general for the redemption of such notes or bills.

Sec. 10. The General Assembly shall have the power to alter, revoke or annul any charter of incorporation now existing and revocable 191 at the adoption of this Constitution, or any that may hereafter be created, whenever, in their opinion it may be injurious to the citizens of this Commonwealth, in such manner, however, that no injustice shall be done to the corporators. No law hereafter enacted shall create, renew or extend the charter of more than one corporation.

Sec. 11. No corporate body to possess banking and discounting privileges shall be created or organized in pursuance of any law with- 192 out three months' previous public notice, at the place of the intended location, of the intention to apply for such privilege, in such manner as shall be prescribed by law, nor shall a charter for such privilege be granted for a longer period than twenty years.

Sec. 12. Any association or corporation, organized for the purpose, or any individual, shall have the right to construct and maintain lines 193 of telegraph within this State, and to connect the same with other lines, and the General Assembly 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 lines of telegraph.

Sec. 13. The term “corporations,” as used in this article, shall be construed to include all joint-stock companies or associations having 194 any of the powers, or privileges of corporations, not possessed by individuals or partnerships.

ARTICLE XVII

Railroads and Canals Sec. 1. All railroads and canals shall be public highways, and all railroad and canal companies shall be common carriers. Any asso- 195 ciation 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 railroad; and shall receive and transport each other's passengers, tonnage, and cars, loaded or empty, without delay or discrimination:

Sec. 2. Every railroad and canal corporation organized in this State, shall maintain an office therein, where transfers of its stock shall be 196 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 by whom, the names of the owners of its stock, and the amounts owned by them, respectively, the transfers of said stock, and the names and places of residence of its officers.

Sec. 3. All individuals, associations, and corporations shall have 197 equal right to have persons and property transported over railroads

and canals, and no undue or unreasonable discrimination shall be made in charges for, or in facilities for, transportation of freight or passengers within this 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.

Sec. 4. No railroad, canal, or other corporation, or the lessees, pur198 chasers, or managers of any railroad or canal corporation, shall con

solidate 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 the 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.

Sec. 5. No incorporated company doing the business of a common 199 carrier shall, directly or indirectly, prosecute or engage in mining or

manufacturing articles for transportation over its works; nor shall such company, directly or indirectly, engage in any other business than that of common carriers, or hold or acquire lands, freehold or leasehold, directly or indirectly, except such as shall be necessary for carrying on its business; but any mining or manufacturing company may carry the products of its mines and manufactories on its railroad or canal not exceeding fifty miles in length.

Sec. 6. No president, director, officer, agent, or employee of any 200 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.

Sec. 7. No discrimination in charges or facilities for transportation 201 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.

Sec. 8. No railroad, railway, or other transportation company shall 202 grant free passes, or passes at a discount, to any person except officers or employees of the company.

Sec. 9. No street passenger railway shall be constructed within the 203 limits of any city, borough or township, without the consent of its

local authorities.

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