ARTICLE X.

RAILROADS.

SECTION 1. Any railroad corporation or association, organized under the law 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 the other's passengers, tonnage and cars, loaded or empty, without delay or discrimination, under such regulations as shall be prescribed by law.

A railroad company has the right to condemn the right of way of another, when necessary to cross it, for the purpose of making connection with a third road, although the first and last road do not intersect. Sabine Ry. Co. v. C. G. & S. F., 46 S. W. R., 784.

A railroad has no right to condemn the property of another which has already been dedicated to public use, where such taking will destroy the first use, unless the new use cannot be accomplished any other way. Id.

The regulations to be prescribed by law, to carry out the provisions of this section, extends only to such matters as are embraced in the act imposing forfeitures

upon railway companies failing to erect depots etc. Ry. Co. v. St., 79 T., 265, 14 S. W. R., 1063.

Laws of 1889, requiring depots at railway crossings, are constitutional. Iď.

Law making common carriers liable as a connecting line, is authorized by this section. T. & P. Ry. Co. v. Bigham, 47 S. W. R., 814.

[Sec. 2, Art. 10, declared adopted December 19, 1890.]

SEC. 2.

Railroads heretofore constructed or which may hereafter be constructed in this state are hereby declared public highways, and railroad companies common carriers. The legislature shall pass laws to regulate railroad freight and passenger tariffs, to correct abuses, and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this state, and enforce the same by adequate penalties and to the further accomplishments of these objects and purposes, may provide and establish all requisite means and agencies invested with such powers as may be deemed adequate and advisable.

The power to correct abuses in rates is not restricted to such as are connected with passenger tariffs. And the railway company has power to regulate the shipping of cotton. Ry. Co. v. Hand T. Č., 90 T., 340, 38 S. W. R., 750.

The commissioner's power to correct abuses extends only to such abuses as are defined by law and does not authorize the commission to declare what is an abuse. Id.

This section is not a limitation on the powers of the legislature but rather commands them to pass such laws as are necessary to carry out this section. Ry. Co. v. State, 79 T., 264, 14 S. W. R., 1063.

If the matter remedied was an abuse of the duty on the part of the railroad companies, the legislation may be classed with the provisions of this section. Id. This section, imposing certain legislation touching railroads, did not forbid legislation upon other subjects touching railroads. Id.

The railroad commission has a right to limit the amount of traffic charges but cannot enforce unjust and unreasonable rates. Regan v. Trust Co., 154 U. S., 362-420, 38 Book 1014; Regan v. Mercantile Trust Co., 154 U. S., 413-418, 38 Book 1028-1030.

This section leaves it to the legislature to determine what railroad acts are abuses, and what penalties are necessary to correct them. H. & T. C. v. Harry, 63 T., 257.

This section refers to all injuries to the public, arising out of violation of duties due by the railroad company to the public as a common carrier. S. A. & P. Ry. Co. v. Wilson, 19 S. W. R., 911.

This section prevents railway companies from withholding privileges and preferences from one customer which are not extended to all others. H. & T. C. Ry. Co. v. Rust, 58 T., 99.

A discrimination is just and reasonable where a rate of freight is reasonable for all customers and contracts for less rate might be made. Id.

This section declaring "all railroads public highways" and all railroad companies "common carriers,' prohibits a railroad company from exempting itself from liability, for damages, occasioned by its own negligence or that of its servant. Ft. Worth Ry. Co. v. Rogers, 53 S. W. R., 366.

SEC. 3. Every railroad or other corporation, or

ganized 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 stock shall be made, and where shall be kept, for inspection by the stockholders of such corporations, books, in which shall be recorded the amount of capital stock subcribed, the names of the owners of the stock, the amounts owned by them respectively, the amount of stock paid, and by whom, the transfer of said stock, with the date of the transfer, the amount of its assets and liabilities, and the names and places of residents of its officers. The directors of every railroad company shall hold one meeting annually in this state, public notice of which shall be given thirty days previously, and the president or superintendant shall report annually, under oath, to the comptroller or governor, their acts and doings, which report shall include such matters relating to railroads as may be prescribed by law. The legislature shall pass laws enforcing by suitable penalties, the provisions of this section.

SEC. 4 The rolling stock and all other movable property belonging to any railroad company or corporation in this state shall be considered personal property, and its real and personal property, or any part thereof,

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