The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1854-04-26
nY REauEsr.
From the Sisubenvilis Union.
Corporation Seizure Of Private
Property.
TnY KEauEsr.]
SvNHER oSr.


that free Constitution which succeeded tls
Declaration OF indepehleuce. tne ttth Sr-
tiels of the United states Constitution de-
olarss thai ''No person shall De deprived OF
life. liberty or property without due nr,cesS
Of law, NOT shall private property be taken
for pablo use. without Just comprnSston.
Al act of Congress under WHICH private
property is taken for public Use would be
an Outrage On private rights, uhless IT'S owa-
er received ioT it Just compensation. fnat
priuciplr extends tbroughOut the Whole lur
Iy-opo States of this vast eonfedcrscy.
The old Constitution OF GaI0 holds to thi,
sacred principle i'll i,s 9Th article. sec, L
"Plivate property ought, and shall ever
be held iayiolate, but sIwags subervirnt to
the public welfare. provided a compensation
in money he paid 10 the owner"
What is meant by iayiolste? The plain
meaning Of it is-unhurt. uniajdrei, uabro.
ken. TIE new Constitution lately adopted
By the people, and which every citizen IS
bound to support. both in private and Of
fetal cspSclty, repeats the declaration more
forcibly in its 10Th section Of the Bill Of
rights. thus;
"Private property shal. ever be held in
violate, but suhseryisnt to the public wei
fare. When taken in time of war, or for the
purpose Of making or repairing roads
which shall be open to the public without
charge, n compensation shall be paid to the
owner. and 10 all other cases. compensa-
tion therefor shall first be made in money,
or first secured by a depositc OF money aud
such compensation sUal be assessed by a
Jury, without any deduction iJr benefits 10
any properly Of the owner"
The Bill Of Rights, thus secured to the
people Of Ohio, makes marked distinction
between property taken for roads for the
common use of our citizens free Of charge,
and property taken for the presumed use Of
the public. who are charged for such use
for the benefit OF corporations. In the one
case, it does not specify when the money is
to be paid 10 the owner. In The other it ex-
pressly says, compensation shall first be
made in money, or first secured by depos-
it of money, which shall be assessed by
jury. That ia, first m lde, or first deposited
and assessed by a Jury, before the property
is taken out Of the possession ofits owncr.--
70 sustain this position we have the 18th
Article Of our Constitution, guarding with
Jealous care the rights Of the citizens from
the eucroschments Of corporations. The 5;h
section provides that "Norights Of way shall
be appropriated to the use OF any corpora
ton, until full compensation therefor shall
be Grst paid in money or frs. received BY Il
deposit of money to the owner irrespective
of any benefit from any Improvement pro,
posed by such corporation, which compen
sation, shall be ascertained by jury OF IL
men in court OF record, as shall be pre-
scribed by law" Whv ia it that the word
first ia repeated in the Bill of Rights as ap-
piled to corporation seizure of private prop
erty? And why is il, that this word first
is again and again repeated in the corpora.
ton clause of the constitution. pointing out
the mode in wlch the right Of way through
the landed property is alone to be obtained
by corporations? Did it mean that Rail.
road Company could deposite any sum to
the owner then take possession Of his land
throw down his house or harm, if in the
track; and after the first award Of damages
by the jury, refuse to abide by it on pre-
tence OF cover, aud continue to law the own
er OF tbs property out Of 4 portion, or per
haps, the whole Of the damages, in his ef-
forts to protect his own property before the
Courts-or did it not rather mean to guard
the citizen in his right to his house and
home until first, full compensation should
be paid to him either BY his agreement with
the corporation or an award allowed him
by twelve persons. Does the Consh
tution mean that a company Of men shall
take his house, his barn or his land for their
own use and profit, and thrust him into au
expensive and vexatious law suit, whilst
they III the intermediate time divide the
profits and benefits of his property--or does
it mean he shall be protested in his rights
to his own house or his own land until a
final judgement is rendered, and then, and
not until then, pass lEso the hands Of The
corporation?
These are questions in which every man
who owns'a house or farm lot, has a deep
ntcTest--and why? Because he knows not
when it will be his turn to be involved in
similar difficulties with some of those unfor
tluste persons Eho live directly in the track
of the Railroads now established.
The general incorporation Act passed in
1852, invests any five ulen with power who
chose to form a company, and make a Rnl-
road from one village 10 another through
any part of the country, Railroad tracks un-
der this law, may become alomst as com.
mon rs county roads. Is any farmer secur =
againSt the location ola State or county road
through his premises, whenever his neigh
hors or the public deem It necessary. Most
certainly, none. Neither is he now SECURE
agaiHs tie schemes Of any FIVE men incorpo-
TAtedripto company, who may chose for
their own benefit 70 ran q railroad from one
village Or trading pointt 70 another. The
present law gives any Eve men that priy-
legs. BatdpeS the constitution give them
the power TO pull down mans house Of
tare up land before tie legal question Of his
damage ls settled.
Such was not the understanding Of the
citizens who voted for It's adoption. In the
event Of war, citizen may be required to
peril his life and surrender his property for
the public service. This is right, for it is an
act of duty to his country. NC may he be
compelled to surrender part Of hs land fol
free roads, to be Travelled without charge
equally by the rich aud the poor. But can
he be forced to give up bis house or his land
10 q company for their exclusive use and
benefit, without Violating those principles
which guarantees 70 bin equally hs liberty
and bis property La Kingly governments