The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-03-01
CAIRO AND TENNESSEE RIVER
RAILROAD.

CAIRO AND TENNESSEE RIVER
RAILROAD.
Gov Leslie Of Kentucky, has vetoed
the bill to incorporate the Cairo and Ten.
nesses River Railroad company, intro
duced in the lower house Of the Kentucky
legislature some time ago. Tho veto mes
rage of the governor is as follows;
EXECUTIVE OFFICE,
FRAYRroRT, Feb. rs, 1873.
Gentle nensof the House OF Representa-.
tives:
After a careful consideration of the dill
originai ing in your honorable body, enti-
tied IAN act to incorporate the Cairo and
tennessee River Railroad company" I
feel constrained to withhold my approval
of 1t, and respectfully return Il with my
reasons for such conclusion. The bill ere.
stes Bernard II. Neal and others . corpo.
rati, under tho name of the Cairo and
Tennessee River Railroad company, and
vests II with privileges and power 70 build
and operate railway from the Mississippi
river, in Ballard county, 10 the Tonne
state line, IN the direction Of Paris, Ten.
lessee. 1t provides in section one
that the company may, for
that purpose enter upon and
take possession Of 50 much
aud as may be necessary, not exceeding
100 feet, TO construct, complete and operate
.a,d railroad and its appendices, that 1t
said com any cannot agree with the own.
ers as to compensation for lands 80 taken,
1t 10 authorized to institute proceeding be-
fore justice OF the peace, and prosecute
the same through the fundamentally OF .
sheriff and jury and the circuit court BY
when the land is to be condemned, and
the right Of use for such purpose made sb.
.olute to the company. The bill further
provides that pending the inquisitions
and other matters provided for ia this sec
ton (sec. u, the said company shall have
full power, right and authority to proceed
with the work of constructing, complet-
ing and operating said railroad, over,
upon and through said lands, without
awaiting the result Of said inquis,tion
and ON the anal award Of the court, shall
pay t. the owners Of the land such dam.
ages and costs SO adjudged." 1t further
provides that the jury, in estimating the
damages sustained By the owner Of land
.hus taken, shall "fnd the actual value
thereof and for the extinguishment Of
dsnages" shall take into consideration the
benefits resulting to the owner from con
,tructing said railroad" My objections
o this bill are: First-That 1t authorizes
the company to enter upon and take pos.
session Of the land OF n citizen before II Is
either bought or paid for, or oven the
process Of condemnation Is commenced.
which 10 10 plain contravention of the
constitution OF kentucky, which declares
inrticie 10, section LAY that no
mans property shall 10 taken or ap.
piled to public use without just compensa-
ZION bong previously made to him, the
limit Of legislative power on the sucjsct
Deing to prescribe the mode in which such
compensation shall be ascertained and de.
le-.ninei in b fair and just manner. In
the case oi Walters VS.. Martin, Chief
Justice Marshall deliv, ring the opinion Of
The court, il Is decided that the legislature
mas no constitutional right 70 grant such n
power rs this bill gives to the Cairo and
Tennessee River Railroad company OF
entering upon and taking possession oil
lands before compensation has been made
Second-NO provision Is made In the
bill for the citizen to have any notice OF
the proceedings for condemnation, at any
| Time, cltner previous 70 OF peuutnB tue''
| progress, or even after Il has gone to tn,
circuit court; and in the absence Of sucl
notice, the company can proceed &c part
from first to last.
Third-There is no provision, saving tn
rights Of married women, infants, or othe
persons laboring under disabilities. No
10 there any provision securing to sucl
persons or to non. residents, or even to tn
citizens, any notification or opportunit.
to be heard upon the questions, howeve
important to them, which this rash pro
ceeding may involve.
Fourth-The bill allows the company
| to seizs.and take out Of the citizens poses
sion his land, and deprive him OF ito uss
and occupancy without compensation, and
leaves him to the tardy chances Of getting
something, only at the end Of perhaps {
tedious and expensive litigation.
! Fifth-The bill, 10 undertaking to Civ
directions to the jury, as to what it shall
do in holding the inquest, does not sufi
GENTLY secure to the citizen the full valu
Of the property taken from him.
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