The Montgomery advertiser., 1901-08-18

 ute which 'preyaifs7 z. |, s, s,ss .>a--s ys..
 The President-Does the gentleman yield?
 Mir. Smith-No, sir, because I don't think the gentleman has studied the matter. and it would merely pe dis cussing theories, and to answer him would carry inc so far off the track that it would take me week to get back.
 Our own statutes provide that no judgment of condemnation can bo had. and it is in line with the decisions that have stood ' since the thirties tn the United Statess that no, judgment of ecn- demnation can be -yhad, until the amount assessed by the viewers has been paid into court.
 The statute reads as follows:
 ssss.sIhe comTnissiopers must, within ten days from their appointmehtsreport in writing to the court the amount of the damages and compensation ascertained and assessed by them, and thereupon the court must orderNthe same to be re- corded. and must make an order of condemnation in pursuance thereof upon payment of the damages and compensation so assessed and reported, or the deposit of the same in court"
 So that no Judgment of condemnation is ever rendered either under this statute or under the general decisions. The decisions rendered under provis- ions exactly like that; provide for the paying of just compensation. before the property is taken. and that it cannot be taken until after the amount as sessed is paid in cash into court, and the decisions are that there can be no conditions put upon that payment. In one; case q man paid it and told the clerk to hold it subject to the ad5udi- cation of the higher court. and the Su- preme Court of Indiana / decid- ed that condition vitiated his right of entry. Now under this provision of the Constitution of 1875. which provides that no prop erty can be taken until after just com pensation has been first paid, all the lower courts of this country held, and the Supreme Court recognized, and also held, but without discussion, that the money must be first paid into court, and that when 1t was paid into court, this bond was then operative, and the right of entry was not denied. That has been the practice since lSIS Tn Alabama; 1t has been recognized by the bar. and has been acted upon and even recognized by decisions of the Supreme Court and 1t Is only recently that they have given a differept con struction to these proceedings. and 1t is to meet that construction and only that that. this amendment is had.
 MT. Harrison-And there was dis senting opinion to that.
 Mr. 'Smith-No. It is on rehearing now. but there will be dissenting opinion unless a rehearing Is granted. The gentleman over here (Mr. Whlte) said that we could get in there with out even a judgment. Aie is mistaken, you cannot enter until after there is an appeal from the Judgment of con demnation to the Supreme Court, ana that is acted on. No final judgment Is had until then. and then the matter IS open to a question of damages.
 MT. Graham (Talladega)-I move that the time of the gentleman be extended ten minutes.
 The motion was carried
 MT. Beddow-Do I understand the gentleman to say they will not have the right of entry until appeal was taken. E.;
 MT. Smith-Not until 1t is decided by the Supreme Court on judgment Of con- demnation. .r,,% .,..r
 MT. Beddow-Now will the gentleman read the part of the section l ask to strike out, but such appeal shall not deprive the person who has obtained the JuOBuiShI Oi SOANSAAAAi~eASAA NAS- - right of entry"
 MT. Smith-I do If you will wait awhile I will teach you why it is, but l cannot teach you by your questions they are too far off.
 Mir. Beddow-I am not asking any body to teach me anything.
 MT. Smith-You asked for informa- tion have not not, and l call that teaching If the gentleman will allo" me will explain 1t to him. According to the decisions of the Supreme Court you file a netition for condemnation The fudge of the court tries the ques- tion whether or not you have the right of condemnation. If the judge of the court says you have the right of con demnation then you take the appeal and of course when you take the ap- peal and have never had any.judgment you cannot enter. If the judgeNof the court declares you have thef right oi condemnation then the other side takes the appeal, and if the other side takes the appeal. you cannot epter. It was decided in the case of the Southern Railroad Company vs. B. 5. & N. o and we were held out under an in- function for six months and the Su- preme Court held we were rightly held out until after that judgment was rem dered. Then. after that Judgment was rendered you come back and the re- maining question was to assess the damages. Now when the damages are assessed you can get no judgment oi condemnation until you pay those damages that are assessed. When you have already had your judgment oi condemnation. had that confirmed by the Supreme Court. if it is desired or an appeal Is taken, and after that has been fairly decided and you come back and get a judgment for damages then you can take an appeal to the Supreme Court. Now from that appeal you have gotten your right of entry already adjudicated. That appeal. this pro- vision says. shall not suspend the right of entry provided they go further and give bond to pay for such other damages as may be sustained. So that your final right of having for all that has been assessed condemnation is thus finally adjudi- cated. You have paid the assessed damages and what was paid went upon the question between the land owner and the corporation, if it be corpora tion. and that is whether that amount of damages you have raid has been enough or has not been enough and il is that you give a bond for, and it is during that controversy that you are allowed to enter upon giving such bond Now that being the case, there being no question about the barefooted boy and the cross-eycd woman having nc right to him. It being adjudicated, the right to take the field belongs to the corporation, if 1t be corporation, that corporation having raid the value oi
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