Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-11-14

porations in defending their rights He thought was
enough to be compelled surrender the property even
when just compensation given or rendered lndi-
vduals who happened own land through which public
works pass should not be compelled on that account,
to give up their property without compensation Mr..
NILES had dissented from the section, member of
the committee He would prefer the section in form like
this: " No mans particular services shall be demanded
or property taken, without compensation" Here he
would be willing TO leave the matter. The section,
il now stands, was exercising much Legislative
power He spoke Of the benefits Of public Improvements
in his section of the State said he would be will
ling place the improvements Of the country at the mer-
cy Of few unreasonable men. Mr.. OwENsaid he would
agree with the gentleman from Laporte, that improve
ments were doing much for the country but neyerthe
less rights of citizens should be guarded. The
section only asks cash payment for damages. There
was nothing unreasonable in this. A jury was to be
called make assessment; which could be done in a
few days, or perhaps in few hours. If the person
dissatisfied with the damages, he had the right of
appeal but the company would not be thereby retarded
in the work because then they could Immediately take
possession Of the property subject to the final decision.
Il Several amendments offered were then laid on the
table when Mr.. NILES moved amend by striking
the section and inserting the following: Z" No mans
particular shall be demanded, property taken
and applied the public use without just compensation
: being made therefor" Mr.. BRIGHT moved amend
the amendment that the compensation should
be made in money, irrespective of exrnsc benefits.
Mr. BRIGHT conended that there great hardships
experienced under the decisions of courts in making
the enhanced value Of land part of the compensa-
ton. An individual might desire sell his land and
he thought it wrong to take property in this Manner
in many valuable property might be taken and the
owner receive virtually nothing Mr.. BARBOUR
opposed the amendment, and contended that might
be benefited by improvement facilities without selling
their farms, by the enhancement in the price Of produce
&c. Mr.. TAGUE moved that the amendments be laid
upon the table; which motion did prevail, ayes 49,
noes SO. Mr. WATTS moved that Mr.. BRIGHTs amend
the amendment Of Mr. NILES, be laid upon the
table; which motonepreyailed, ayes 60, g. Mr..
KENT moved to re-commit with instructions when divi-
sion of the question being called the Convention refused
to commit. After several Intellectual efforts to amend
the question came up Mr. Niles amendment; when,
on motion, the Convention adjourned.
; FRIDAY, November 8, 1s50.-The Convention was
opened by prayer, by the Rev. Mr.. LONG.
Mr.. KENT, from the committee matters pertaining
to criminal law reported section providing that any
&c. shall be ineligible hold any Office of trust or
profit in this Stae which was read and passed to Sec
ond reading
Mr.. BORDEN. from the committee the practice oil
law and law reform, reported the following sections:
SEC :. The General Assembly, at its first session
after the adoption of this Constitution, shall provide for
the appointment of three commissioners, whose duty
shall be to revise reform, simplify and abrdge the rules
and practice pleadngs FORMS and proceedings both
O
shall provide for the abolition OF the distinct forms Of
actions at law in use and that justice may be ad
minstered in a uniform mode of pleading, without ref
5 erence to any distinction between law and equity.
And the General Assembly may also make it the duty
of said commissioners to reduce into SYSTEMATIC CODE
the General Statute Law of this State; and said
missOners shall from time to me report the result Of
their labors to the General Assembly with such
mendaons and suggestions abridgment and amend
ment to said commissioners may seem necessary
Provision shall be made by law for filling vacancies
regulating the tenure of Office and the compensation
said commissioners.
e Mr.. BORDEN, on behalf of himself and Messrs
March and Cookcrley, minority of the commit
tee, reported the following sections substitute fol
4 the above, to-wit:
SEC. The General Assembly, at its first session
after the adoption Of this Constitution shall provide ior
the election by the people, of three commissioners
whose duty it shall be to revise, REFORM simplify and
abridge the rules and practice, peadings forms, and
proceedings, both civil and criminal, of the courts Of
this State and they shall provide for the abolition OF the
distinct forms OF action at law now In use and that Jus
tice may be administered in uniform mode OF pleading
without reference to any distinction between law and
# equity.
And the General Assembly may also make it the duty
of said commissioners, reduce into written and sys
temac code, the whole body of the laws of this State
much and such parts thereofas said commissioner
shall find practicable and expeden They shall report
the result of their labors from time time, the Gen
eral Assembly for their modification and adoption.
Provision shall be made by law for filling vacancies
regulating the tenure of office and the compensation
said commissioners
E Mr. NEWMAN on behalf of himself and Mr.. Ma
TIER, minority of the committee, reported the
c following sections:
SEC =. The General Assembly at its first or some
subsequent session after the adoption of this Constitution
may provide for the appointment oil three Commission
ers whose duty it shall be revise REFORM and smp
y the rules practice forms and proceedings civil
criminal of the of the State and the commissioners
shall provide for the abolition of the distinct forms of
ton in use and they shall from time TO time, Their
abors pregres report their proceedings to the Genera
Assembly with such Suggestions and recommendations
TO said commissioners may seem proper.
SEC. =. The General Assembly may also make it the
duty of said Commissioners reduce into systematic
CODE the general statute laws OF this State and they
shall from time to time report the result OF their labor:
to the General Assembly with such recommendation:
and suggestions abridgements and amendments as
to said commissioners may seem necessary.
Mr.. NEWMAN, from the committee on local and spe.
cia legislation reported the following article toit
Sec = The General Assembly shall not pass any
local special laws in any OF the following enupcraied
a cases. That is to say:
Regulating the jurisdiction and duties of justices OF
the peace and consabes for the punishment of crimes
and rnsdemeanors; regulating the practice at law and
in chancery providing for granting divorces and chag
inc the civil and criminal cases. changing the
names of persons for laying Out, opening, working
and repairing highways, and the election appoint