, 1870-05-05
THE CONVENTION,

sPREGF1BLp, May l.
The convention rcassemblel at O'clock A
communication was received from Charles "
Holden, Treasurer Of the State Board Of Educa-
on u s sesn psa
to Newton Bntc1an, from the funds Of the board,
for eefsatn expenses
Nj. WHITING presented report from the Com
mittee on Canals and Canal Lands, in response to
the various memorials from the Chicago board Of
Trade, Peoria DoaId Of Trade, and the Blooming
ton Convention, accompanied By the following IL
Canal shail never be sold, nor shall It Be leased TN
til the specific proposition for the lease thereof
shall first hare been submitted to q vote Of the
peen approved m Gy ma jority of iii the Totes pocd
at such election. The General Assembly shall
never loan the credit OF the State, OF make appro
FACE oT @ eanns: lHe eei aenesai e & f.
seHbly ay loan, on the fifth Of the State, for the
purpose OF enlaIElng and extending the cana1, a
gum ot money, the interest OF which shall not e1,
nyctA ..,:.-.. ...-..-......-
4 resolution that this convention adjourn sine
die on Monday. the sth Inst, IVES referred to the
Committee on Schedule.
The convention then resolved itself into CON-
nittee Of the Whole, opt took up the report on
railroads, the question being on the report OF the
Jna!cta Committee, through M5 Church. on the
"The exercise oi, the power and right Of emi-
ncnt domain shall never be so construed or
Ss % he General Assembly of the
properly and franchises Of incorporate companies
already organized, and sub5ect1lE them TO the
public necessity the same as Ut individuals The
right Of trial bF Jury shall be held InTtolate in all
trails Of issues OF ciaitns for compensation, when
In the exercise Of said right Of eminent domain
any Incorporated company shall be interested,
either for or against the exercise Of said right
The Jurisdiction of the courts and trial by jury
shaA DOL DC denied In any case where any citizen
or number OF citizens Of this State shall assert the
right for themselves and the public to enjoy the
use and accommodations In aud by said 1ncor-
p1rated companies, as consideration for these
chartered privileges to an exte1tand on terms de-
MED hy said companiea"
Mr.. u1LDRUP delivered long and able argu-
mcnt Oh the question Of vested rights and the
right Of eminent domain. lie maintained that
while the State could not take vested rights from
one poHer and confer them on another, it can ex-
eIcise the right Of eminent domain, and resume to
Ughts when construed as against the rights OF the
people. be characterized IS an accurscd doctrine
Mr. UNDERWOOD eontendcd that the right Of
eminent domain gave no power to the State to
condemn railroads to public uses. anu that the
Legislature had power to make contfacts Win in-
tlly1duals and interpretations which placed them
beyond future control
. lii. WELLS maiuta1ned that the Stste had
5eht to assume control Of ths IaroadS o. t4ls ts
State under the right Of eminent domain Waen sQe
public necessity required it. The Supreme Court
had decided that the STATE through Its General
Assembly, could t7cyocab1y grant away the E1ght
Of eminent domain, and the only VAT to prevent
<E3 exercise of this power tB to p<udbts IL u tae