Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1822-03-02

tnake TIE f1taauouts ana tJE tbe giving oil
bonds, &c, far The amount Of he valuations.
oy the party who 10 20 pay The ssne aud in
defsuit thereof psovidss that Judgment shall
De given against the party for the sm6ent. or
! At the right owner fails TO give bond, &c. the
other party may at his election give bond,
&c. and lake the land--and the act then pro.
ceeds to declare that the occupant shsli not
D. evicted or disposses.ed by writ Of pos
session u"tii the report of the commissioners
Is made, and judgment rendered, or bonds
executed IN pursuance of the act
From this summary of the principal 5ro.
visions OF the acis of 1897 and 1879, it is an.
parent that they materially impair the rights
and interests OF The rightful owner in the land
Itself They are parts of system. the object
OF which is TO compel the rightful owner to
rei'nquish his lands. or pay for all Ia,ting i'm
Ptovemen's made upon them without HI, con.
sent CT default, and in many cases those i'm.
Provements may greatly exceed the original
cost aud value OF the land in his hands. No
judgment can be executed, and no possession
obtained for the lands unles, upon the terms
oil complying with the acquisitions of the
acts They therefore, in effect, create a di.
recS and permanent lien upon the lands for
the value of all lasting improve menl, made
upon them; without the payment of which the
possession and enjoyment of the lands cannot
os acquired 1t requires no reasoning TO
shew that such laws necessarily diminish
the beneficial interest of the rghtful own
er In the lands. Under the law, of Yirginie
no sueh ourthen was imposed on the owner.
lie hso right to sue for, recover, and enjoy
them, without any such deductions or pay
msnts.
trto IS -,
cure all private rights and interests derived
from the laws of Virginia, as valid and secure
under the laws of Kentucky as they wete un.
der the then existing laws of Virginia To
make those rights and Interests SO va. id and
secure, it is essential to preserve the brnefi.
cal proprietary interest of the tightfu own.
er IN the same state in which they were BY
The laws of Virginia at the time of the sepa.
ration
II the legislature of Kentucky had declared
by law that no person should recover lands in
this predicament unles. upon payment by the
owner OF a moieiy or of the whole of their
value, It would be Obvious that the former
rights and interests of the owner would be
completely exiting uished, pro tanto. If irhad
further provided that he -hould be cempeIed
to ssllthe same at one half OF on. third of their
real value, or compelled to sell without his
own consent, at price tn be fixed by others.
it would har6ly be doubted that such laws
were violation OF the compact These ca
ses may seem strong; but they differ, not in
the nature, butin The degrees only OF the wrong
inflicted on the innocent owner Ii. is no
more bound by the laws OF Virginia TO pay
tor improvements which he has not auihori.
zsd, which he may. not w ans, or which he
msy deem useless, than he Is TO pay a sum to
a stranger for The liberty of possessing and
using ms own property according to the ri shts
and Interests secured to him by those laws.
1t IS no answer, that the acts of Kentucky
now IN question, are regulations os the RENE.
dy, and not of the right to lands If those
acts change the nature and extent of existing
remedies as materially to impair the rights
and interests of the owner, they are lust as
much violation OF the compact as if they
directly overturned his rights and interests
1t is the unanimous opinion of The Court.
that the acts of 1897 and 1912 are violation
OF tbs 7'h article of the compact with Virgin,
ia. and. therefore, ara Unconstitutional
This opinion renders il unnecessary to give
any opinion on the second question certified
to Us from the Circuit Court.
true copy of the opinion of the Supreme
Court vt the United States:
F.. b. CALDWELL
Clerk of the Supreme Court of ,he u S.