Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1873-04-15

IJllT6e OF WnOm are required 10 be clJlZenS
of the State, and that without notice to
whomsoeyer may be concerned and without
the privilege of hearing on any behalf.
| To cede such powers, even if that right
were delegated by the people, would de-
Iprive them of the privilege Of shaping pub
lie policy, in this particular, as their inter-
lests might seem to require. Such cessiOn
comprehends a disregard Of the cOnstitu-
ent prerogative higher than the General
Assembly should presume to indulge-in
this, that before the representative tribunal,
Jas the law now stands, a hearing is secured
Ito every interest and 10 every locality, TO
be directly or remotely affected, whenever
land wherever the sovereign power of the
right of eminent domain is invoked. The
justification for the invasion Of any interest
land the condemnation of private property,
authorized only for the public good, to be
determined by a measure not inferior to a
majority of the great aggregate of all, is by
this means fairly and rightly ascertained.
Jealous PROTECTION OF THIS GREAT
RIGHT IN ENGLAND.
In England, whose Government is more
conservative OF the rights and interests of
her subjects than any other on earth, and
Whose progress in all the attainments Of
which man is capable is the most adj
.vanced, we find that this high power is ex-
ercised only under that measure of precau-
ton and deliberatiOn which cOnsults the
rights and interests of all her subjects. In
the construction and management Of her
railways, invariably coniided to that class
of her people whose education and practi-
cal knowledge have made the subject a
profession, and whose labors in the varied
pursuits of their calling, by the application
of science and practice, have produced re
suits higher than have elsewhere been at
tanned, we have an experience which
may well serve for our guidance and the
conception Of the right line of conduct
which her Parliament mas taken, as well in
reference to the high purposes for which
her public works were created as the rule
which should govern in the grant Of any
franchise, IS worthy Of our imitation. There
we find that nothing less shall be deemed
sufficient to Justify grant involving the eN-
ercise Of the right OF eminent domain than
an enlightened, true, and restrictive policy,
on the one hand, the insulicency OF the
established means of transportation to
afford ample accommodation to the particu-
lar public concerned, and on the other, such
a demand for additional or new facilities as
shall override any opposing interest, and in
itself Justify the appropriation of private
property.
When we examine the great caution
taken by Parliament to arrive at a final
Judgment upon every application for such
Il purpose, we may be admOniShcd at our
nasty dealing with matters Of such grave
and vital concern TO the public interest,
and well take repugnance to this bill suili-
Client for its conformation. There, a .
condition precedent to an appearance be-
fore Parl ament, ii is obligatory upon the
promoters of the scheme to obtain authority
from the Government Board Of Trade To
make survey of the proposed route. .
When this shall have been made, the maps,
profles and estimates of cost. based upon
-uch gene al plans Of construction as may
Ice officially prescribe !, are required To be
deposited with the Board. After the re-
vision OF these by Government engineer
and the precise line intended 10 be occu-
pied shall have been sLalled out and marked
as by fIuTow, so that its relation and
every manner of bearing towards the own
ers of Ian an OF other established works
shall be understood, then, with the permits
SION OF SuCD DOalu, ana ilItI Nuc HOtiCC ~
publication in every township along the
route thus indicated shall have been made
of the purposes OF its promoters 70 make
application to Parliament for powers OF IN
corporation and ten per cent. Of the cati-
mated cost of the work has been deposited
with the Government-no less as a means
of indemnity against such injury as may
have been imposed, than as an earnest OF
good faith on the part Of its promDterS-a
hearing is allowed before Parliament, III
whose committees there is secured to every
landholder and to every interest, railway
.or other, affected by the project, the priyi-
lege OF remon, TT nee. Finally, when judy
ment is render ed by that tribunal, It's given,
either i'll favor of or against the application,
in conformity to chat which has been estab-
lished by its investigations as the rlghttul
demands Of public policy-the realintereot
of the people.
There is no delegation here, Mr.. Chair
man; no transfer, no cessiOn OF this power
which is held in trust for the people.
There is no invasion of the rights OF pro-
perry; no trcspass upon other interests,
whose establishment has been founded
upon assurances Of legitimate protection
a safeguard which in that country hes at
the bottom of such undertakings; Sc
curity which capital demands, and in equity
is admitted, as its right.
say Xve pIipbt well dispose of this subject