Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1863-03-27
OPINION OF JODGE Lyons, D%LI'-
RRED MONDAY, MARCH % 1869, on
THE LATE INPRESS.NENTS Of
FLOUR AT4RBITRARY PRICFS

the 0Wner 0t YOU barrels "l sup' bhr NV rH
ira euperfi1e -four, which ne hai pus"hss''
in Oct her for about the gun Of s22 OF art
on which hs had incurred sinr- cnna'd"abl
expense in d,ayage, etnrsge. s.. md his: b.
had been informed that Majc: John u D''!
! borne. setting. as wss alleged under TIE 'r
d.ra Of The Score: AIRY o. War, had given mott;
to Dunlop, Moncn,e 4 Co.. in whose wac
b oa.se the four WAS stored, that he hal 'm
| orcssed the same for The uas Of the Co"teder
al. government and thai tho fove7rm'n
woa:d ALLOW him in paynsn1 tue p'ics .
seventeen snd half dollars per htr.el II
the suLu flns and nineteen ard hal! dosl''
mr. bsrrel Ter to extra superfne 6 ~. bs''i!
nearly 60 600 hess than no PAID for II IN
nearly twe.vO dolls's barrel ies9 ihan III
market p,ics Of the -four in R'chn i d ia
the said Oiab roo under 'hs s'lre"d order
had also impressed alarga quant,ty o. IL
belonging to other PERSONS ard that h'S pr
vase means were utterly inadequate to CON
peosate tho PARTIES If be Should be bed 'sga!
" responsible for these impressnsnts, a
that neither the Cvni. de ate Government
nor the Secretary Of. War h,d auth MY e
confer upon all f1icer the power to s-'zs p'l
vate property without making j'=. coupon
sstion therefor, aud praying sT n1ucron
prevent the removal Of the h.nr u'.l Jns
compensation SHOULD be made. or Gnti' ,"rt
proyist,a shouid bs made fer sBcerts,n:|i
what ia just compensation for the f ur.
At tie request Of the District Attorney =
de cision upon the application vss postpone
to all"w Claiborne OF portuni = 10 sho~ e."fs
Why the inju0 ction should 20: be- granted a
hsj u Claiborne hss fled sn ensw:r to Tbs
bill, in which be alleges tina, under the orders
Of the Confederate Government hs has IN
pressed considerable quantity o. htur. 81
GLIDING that claimed by I:ascs tsat tho f 3u'
was believed to be necessary for the uss r'
the army in the field. aud that the prices pro
posed to be paid therefor vas helieYsd ~
msny to DO Just compensation: that bis own
fortune was ample to satisfy nny demand
which Isaacs might have against him, hui
that "a he bad sc,ed under tbs ordsrs % the
government, it would be hound to stsod be-
tween him and dsusge and with his answer
hs hiss fled an ORDER from the Secretary G.
War to the Oommisss-y General, d.ted IN
December, 1862, authorizing tia Tonr.isss'
~ General 10 impress -four, &c, and fX;ug D
maximum price 20 be pad, ond AT Hfr:": frurn
the Conussary Gcre'a al in;,-uc:ing hin Z:
impress four at .ee pics aSed hy the Sore
tsry Of War.
In the .rsuuer, of the Csc it has bser
contended BY The counsel Tor ms Govern
ment that an injunction cugb. net to BE-
awArded-ls': because tho bill WIS defective
in Tot charging that Ciaib orne had imp-cssed
the aou,; i. only s:atsd that the ps.itioaor
wss informed lie had doae 81
g. Secsus. tho parties WIRE -ot nef"' {
TIE Court: that "a the impressmort vas aait
10 have been N sde u0der tha orders 81 the
Government, III, Secretary Of War. as The
principal exc cutive officer Of The War De
psrtmept, ought 10 have Teen w:dN part
defendant.
Sd. Because the cnsT"r sI!-g that the
four WAS impressed c. asj Claiborne On The
ge' uud that 1t wa nccessary for ;ho use q
the army in the & Id, and that i cases NJ
extreme necessity an officer oftbe oycrnmen'
hss right to take private property for puai'c
use, snd cannot under such circumstances &c
considered t!espssse-, hnt that the patty
injured must leok tc tho tI'vernm"'.. %
compensation.
4,h. That even if Claiborne had LII su-
thority to imnrsss the fonr, the petitioner
uSU y COWplcbb 6ibN iVplf"i ~ -"
by action uf detirro nr'res3oss
The objections IA nc f,.m e tho oil are
not we'll taken. hecsuse sv.p IL thu ti'l were
defective in not charging NOR" distinctly
thai Claiborne hsd impressed g fnrT. trn'
defect would be cured by The arsrer Of ':e
defendant, in which ne not only NJ lis hat
ne had i'm pressed it. hut stttmnt; - in-,iIv
the set L. waa not necessary 10 :a.ss be
Secretary of Wa. a party def'rd'st, bs'
cause when ssvs, al persons unit" IN commit
ting q srespass, The injured party his !bc
privilege Of sueipg any one or 81! Of ,n"n'.. =
The bill does not, however, charge tiat me
Secretary of War hsd sulhnr'zad The 'ru-
preasment; it only states th,t Cs:.:.--c Al
legged that he sc,ed under such orders
The counsel for tho governs" nj t:ve sr-
lgucd most earnestly in 'uprors i tie doc
trias that military otncer nag. ir cases Il
extreme necessity, iigh, 10 se'zs private
property for public pse, ard 1t under such
circumstances he cannot he considered 2
tisspasser, sra that tbs owner Of the .p-"
perty can on1y lcok 90 the goTernm'at far
compensation. This proposition has beer
asserted By many legal writer's, spi received
the sanction of TIE Snn-eme Court If &c
United States, in be "a Of Ntcha os. Bar-
mony, l3 Go~.-d p
do not think that lila guesti"r. sriSc'
upon the p.esdings in tbs case, because even
these writer's who oistp ,hvtx stonre Of such
q ,,gts ADMIT ,bsS j: r=11 c'iS ne exercised
,'nhe:e the necessity is urgent foS Tie pablo
service, srch ss viii not adrri: If delay, and
wbcrs tbs action ii toe ov'l authority
eould re too lsie N providing the means
which The occasion calls for. 1t II tn euc-
eercy that gives the right, aud the e;ner
gency must be- shown t. exist before .he
taking c,n be justified. "-l3 Toward, 1874.
pslsy, citep. H., p. 3S tho evidence il ;ii:s
c.se dots not slhw tho ,Ilstence Of any IucA
'.mri gency," but, on the crntfsry, in ny
opipion. IT proves that it dcea not rI-
Isl. TIE u.der o! the S.tre,a,y Of War
to the EcnDirssry Genea al author'z ng him
to io,ctess sn..sis!or &c, a., was written on
tho 2Sth Of December, 1882, and does mt
appear to bsys been caused by a want of'food
for the army. ar insbiiity. e. purchase it at
the market o ice, but because tho Govern
mont could not buy at prices whioh this tf1i-
CO. co asider.3 reasonable" A maximum
price was fixed for al articles sEd tbs CON-
u VbUct ~ dG-up'lEsu W Nv
property at an arbitrary vslust;cn Whenever
he Should think 1t necessary for the public
service. It us rot asserted in the srswer Of
Claiborne, nor was it pretended in the srgu-
aent, that spiicisnt supoliso for The army
could cot at that time rave been pm, chased,
on the 81 DAY Of March, VIXEN tho -four in
controversy was impressed, at tas market
prico, the price With private persons wete
paying fer their own food; but it was said
that the price vas TOO high for tho Govern
:ment to pay, and tbs right is claimed TO take
tho private propsrty Of q cisis,n, sgsinst his
consent sad without reference 81 to what be
may have paid for il, aud to CONVERT it to the
public use, and to allow him rs compensation
. p1ice fxsd By the Department. more thar
two months before. A prics in this instance
LEGS by thee Thousand dolia-s shan what Toe
owners paid for it I've mca:Ss before, nd
less By twelve thousand dollars than he