Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1886-01-26
THE kArLEoAB CONDEMNATION
BILL

TIE following Is Synopsis Of toe ar
enHent made BY Jndge Jacob. in th.
Legislative Council on the I'd inst. on
the bill for the condeu nation OF rail
roads for non-use:
The Judge argued that the foundation
OF the right granted 20 railroad GONNA
nies to condemn property for road way
vas that the use vas a pablic one. The
Uses OF the p1olIc were paramount to
the rights OF the private owner. The
night te condemn for a public use va.
an exception incorporated by operation
of Law IN every grant.
IL is true, there can be no condemna.
ZION without compensated IN tkeory. a,
least. But, IN fact, the Compensation il
always diminished 10 amount by ths
value Of tie advantages conferred by
the p0blic; IN other words, they are di.
Vanished by the advantages conferred
by the continuous operation of the rosd
III that public use fails BY ceasins 90
operate the road, the consideration for
the condemnation - gone, and 20 con
time the night IN The oomSany longer
would be tbe dog in the mapger N
policy.
| Am not hostile to railroads, but /
Am believer IN the peliey of compelling
railroad companies as well as Individu-
ais 90 do night 20 far As that purpose can
be accomplished by legislation. The
company, without the intervention OF q
Iary. condemns right of way through
the land owners yard, orchard, meadow
or grain field, rears upon the same EN-
oankseuts or tres,ls works, or digs
through them unsighlly canals, and
then, for purposes OF their own, claim
the right 20 have their oxpership undis.
t1rbed, although no sound Of rolling
sheels or locomotive is ever heard.
Otter companies may be willing to take
the property and to give the public use
originally promised and on which the
was founded. and why
should they not have itS Is property in
the hands Of a corporation % sacred
that sovereign poser cannot reach itf
Shall they condemn and not be con.
demnedf
Isis bill treats them fairly. 1t gives
them jary to try the right Of user and
the necessities Of the public. as we'll as
TO ascertain the value OF the property.
They condsmned and fixed damages
BY committee practically appointed By
Bat it is argued that you cannot con.
dsmR this property. have always no.
tlced that when you attempted 10 reach
the property OF q corporation, there vas
a ready dsnisl of the power 80 to do.
But fortunately We are not moving In
the dark IN this matter. The power TO
do xhas ~ contemplated by this bill has
been asserted by the highest tribunal Of
this nsiion-the Supreme Court of the
United States. Further says Dillon, in
LIS able work on municipal corpora
tlons. Here the Jsdge read extensive
from Law books In support Of
his POSITION, bat We give bat a brief
passage from the suthOr named above:
it Is settled beyond dispute that the
legislature may, IN tbs exercise of the
right OF eminent domain, deprive cor
Poratioas OF their property aud fran
chises upon making compensation: but
this must be done tder power ex-
pressly granted. A corporation cannot,
under a general poxer to take lands for
pablic use. take from another corpora
tion. having like power, property held
by 10 for public parpo s1s, pursuant to
legislative suthority."-l2 Dillon, $50.
such are the objects, intent and clear
provisions of this bill. Shall IL pass?
Ought II 10 passl may safely ssy that
not only policy, bat the highest consia
erations Of Justice, equality and equity,
its passage. While I know Of
no railroads IN this Territory whose
nonuse at the present time demand
the application of she principle OF ret
justice embodied in this bill,
yet | have known Of suoh cases. II Is
an old maxim, full Of wisdom, that an
ounce of prevention is worth q pound
Of cure. As guardians of the rights of
secure the rights of the people in all
time. whether those rigsts are menaced
by malice or self interest.
MIR. Rsavis, OF Yakima, spoke upon
the same matter as follows:
Mr.. Presidsut-This bill I think one
Of the most important that We have had
under consideration FOR some time.
would beg the gentlemen OF the Council.
In considering it, 30 lock at It's prisoi
Piles; to look at the principles Of the
Law, without reference to any
other particular interest that there may
be opposing its enactment, or without
reference TO any particular interest that
may possibly be affected by is. Let Us
look at the Law on Its merits; look at It's
effect upon ths Territory Of Washington,
aud consider it upon the principle of
the greatest good 10 the greatest mum
ber; consider it with the most searching
and sacred regard for vested property
rights. | weuld remark here that, as q
member Of this Council. shall oppose
any legislation that proposes TO disturb
or In any way modest property rights,
whether of persons or corporations; bat
this bill, Mr.. President. proposes TO en-
act Law that Is In every feature per
fectly in accord with Justice. fair dealing
and liberality TO corporations engaged
in railroad business in this Territory, /,
and think that an examination Of its
sections will oonviuos any one that such
is the fact
Today, Mr.. President, IL q railroad
pots down It's track and
once Operates its road, il may be com
relied, by mandsts from the courts, 10
csntisue such operation. take 10 a.
established by the full weight of su-
thority, and think. in fact. that few
lawyers will dispute the proposition,
that the power nos rests with the courts
by mandamus TO compel the operation
Of road when once its track hss been
lard asd operation commenced.
This results from the character Of the
corporation; from the fact that II Is
organized and created by the State; that
IL is an artificial creature endowed with
Extraordinary powers; that 10 oan 90
upon any lands in the Territory and
exercise the power OF the State, the right
Of eminent domain thus given 20 u by
the state, and which IL does not possess
without sach authority delegated 10 u
by the State; when it has once entered
apou its work, exercised this extrsordi-
nary posef, the ultimate sovereignty OF
the State In the soil; when it has in
voked this power Of the State, has con
demned and taken private property, and
has laid its track. Il then becomes sub
iect 10 the control Of the state; and |
would proyound ss legal proposition
here. and IL 10 one, | think, that lawyers
veil understand, that when . railroad
ssmpany has gone thus far it cannot
then. at its own vill, suspend its opera
tious and fail 10 perform it, part OF the
contract with the State.
Thus far, gcntlemen, there would be
no necessity for this lav, becAnss
think the courts have the power 10 com
pel by rsandamus such operation; bui
49, AL 0ar n