Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1873-03-28


ent prerogative higher than the General
this, that before the representative tribunal
to every interest and TO every locality, to
be directly Or remotely affected, whenever
and wherever the sovereign power of the
right of eminent domain is invoked. The
justification for the invasion of any interest
and the condemnation of private property,
authorized only for the public good, to be
determined by 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
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
yanced, we find that this high power is ex-
ton and deliberation which consults the
rights and interests of all her subjects. In
the construction and management Of her
railways, invariably confded 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 has taken, as well in
reference to Ffhe high purposes for which
her public works we're 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 a grant involving the ex-
ercise of the right OF eminent domain than
an enlightened, true, and restrictive policy
on the one hand, the insufficiency 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.
taken by Parliament to arrive at a final
Judgment upon every application for such
a purpose, we may be admonished at our
hasty dealing with matters Of such grave
and vital concern to the public interest,
and well take repu9nance to this bill sui1i-
cient for it's condemnation. There, as a
condition precedent to an appearance be-
fore Parl ament, it is obligatory upon the
promoters of the scheme to obtain authority
from the Government Board of Trade to
make a survey of the proposed route.
When this shall have been made, the maps,
profles and estimates Of cost, based upon
such general plans of construction as may
be officially prescribe l, are required to be
deposited with the Board. After the re.
vision Of these by Government engineer
and the precise line intended to be occu-
pied shall have been staked out and marked
as by a furrow, so that its relation and
every manner of bearing towards the own
ers of land and Of other established works
shall be understood, then, with the permits
sion of such Board, and after due notice by
publication in every township along the
route thus Indicated shall have been made
of the purposes Of its promoters to make
application to Parliament for powers Of in
corporation and ten per cent. of the esti-
mated cost of the work has been deposited
with the Government-no less as means
VI ulucIIlility dSdllloe eueA lli!uit eto Aio'
have been imposed, than as an earnest o.
good faith on the part of its promoters
hearing is allowed before Parliament, in
whose committees there is secured to every
landholder and to every interest, railway
or other, affected by the project, the privi-
lege of remons TT lnce. Finally, when, judg'
ment is render ed by that tribunal, it is given
either in favor OF or against the application
in conformity to that which has been estab
lished by its investigations as the rlShtfu
demands of public policy-the realinteres
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.
perty; no trespass upon other interests
whose establishment has been founded
upon assurances of legitimate protection
"a safeguard which in that country lies al
the bottom of such undertakings; a Sc
curity which capital demands, and in equity
lis admitted, as its right.
say we might we'll dispose of this subjec
upon the single view of insufficient juris
diction; the want of competency on the
part of the General Assembly to remit tt
other hands the exercise of the right o
eminent domain, a cession of any part o
which in this hOur. when the remnant O