Savannah morning news. [volume] (Savannah) 1868-1887, 1884-02-11
The Florida supreme Court Land De

Editor Morning NelCs: The recent de-
cision of the Florida Supreme Court III
the case of Moody vs.. the JacksonYllle'
TAMPA and Key West Railroad, which mas
been represented as so startling and eX-
traordinarv-as invalidating the title 10
millions of dollars worth of properly
compelling railroads to pay private clVi-
zens compensation" for right oil way
sswbatever those citizens may choose "
demand.v besides discouraglng all fall-
road enterprise and plunglng the o'ate
into general disaster, seems, alter an
but a simple and comparatively harmless
matter. from which no one need suner
either in purse or through apprehension.
The decision but clears away the ruoDlsn
of our hasty methods, which OF late years
we pile up with scarce thought 10 o.
scure the rights of citizens, ana WINE
setting forth the exclusive right OF the
Legislature to exercise the powers oil
sentiment domain explains what
the law means by ''JusI
cOmpensationN to the citizen whose prop
ertv is condemned to public use. Inc
question is certainly one OF interest, es-
peciallv to towns and cities and to land
owners on railroad lines, but the declslOh
presents nothing new or startllnS-n
takes nothing from the chartered prlNl-
Ieges of corporations, and ADDS hoGhlhS 10
the rights of the citizen. 1t SIMPLY says
that since by ldlU the citizen is 10 receive
"iust compensation a court OF law can
not recognize a bond, a Judgment, or an
award of commissioners as such just COM
DensatiOn. and for the very best of reasons
these things are but evidences of an oDli-
cation somewhere existing, and not the
obligation itself. "Just compensation is
the thing or things actually received by
the marty entitled to receive, in quality
and duantitv equal to the precise magni-
tude of the loss or injury sustained. ms,
no corporation refuses in acquiring land
from the citizen, and hence, there IS no
conflict between the railroads ana the
courts on the subject; put railroad
ATTORNEYS NAV have fallen into the error,
as appears in this case, OF suppOslng that
they may enter upon and ENJOY the con
demned land of the citizen prior TO the
discharge of the obligation embodied III
''iust compensation whereas they were
Dv law not entitled to enjoy until COM
pensation had been made. If this is true,
and the railroads in Florida find them
selves involved in the difficulty, the worst
that can happen to them in the premises
will be but the reappointment OF com
missioners and the reassessment OF the
lands. The tact that the roads now
occupy the lands and have made them
much more valuable than when the first
assessments were made, will place them
at no disadvantage in the reassessment.
Commissioners could not take into con-
sideration the increased value OF
the lands after so long occupation
bv the roads nor would
intelligent citizens think it desirable at
this late date to question settled transfers
of title, which, if uprooted by the recent
decision, would be Immediately re-es-
tablished in the courts without gain to
the original proprietOrs. No State, much
less the State of Florida, now just emery
ing from the background of "hope defer
red" and advancing to the front upon her
railroads, would desire to see them halt,
or seriously disturbed in their progress.
To her liberal encouragement the state
is indebted for the numerous lines now
crossing her territory in every direction,
and it would be a matter of deep regret
were she now to permit the Inauguration
of any policy calculated to shackle or re-
tard the splendid progress making toward
the full development OF her great re-
sources. SPECTATOR.