The Montgomery advertiser., 1901-08-20
OFFICIAL REPORT OF THE PROCEEDINGS OF
 THE CONSTITUTIONAL CONVENTION OF ALABAMA
jury according to law"

SSSssS--S=S=SS>s | jury according to law"
 MT. Cobb-I would suggest to the
 Chairman of the Committee, if I ought ! not to have put in there ito be approv- ed by the Clerk of the Court to which 1 the appeal is taken"--
 Mr. aarrison-l don't think 1t makes | any difference.
 MT. Macdonald-I have an amend
 ment to the amendment.
 The amendment to the amendment
 was read as follows:
 | Amend by adding the collowing
 words to said section: "Wheneser any
 municipal or other corporation or indi-
 vidual invested with the privilege of l taking private property for public use.
 takes. injures or destroys any proper l ty, wilfully and intentionally, and with ! out first resorting to legal proceedings | to condemn the same. the owner of the property so taken. injured or destroy ed shall be entitled to recover three times the value of the property so k ken, injured or destroyed in addition to such other damages as may be re- covered by law for the trespass." The Prcsident-The question will be upon the amendment to the amendment offered by the gentleman from Mont- gomery
 MT. Macdonalj-I presume that any lawyer in this body who has had any experience whatever in reference to proceedings for the condemnation of property or the actions by municipal or other corporations in endeavoring to enforce, in their own way and accord ing to their own notion, their rights. has had occasion to observe repeatedly that municipal and other corporations are in the habit of, without first re- sorting to any legal proceedings what ever. seizing the property of private individuals or of other corporations. and proceed to construct thereon, their own works, or to acein reference to the property so seized, exactly as they pleased before any legal proceedings were resorted to whatever. We have had in this town many instances of that kind. Why. it has come to pass that a man may leave his home and while he is absent on his business. a municipal corporation may enter upon his premises and either cover it up or elevate 1t too high by grading, and then leave him to the expense and doubtful proceedings of court to assert hrs rights. Instances of that kind have occurred in my practice more than once. Not only that. but within this city and within the last few years. we have seen a railroad corporation or railroad corporations enter on the property of another one, in the night time. seize it, construct It's line of rail- way on 1t, and do it in such manner as almost to create bloodshed. Armed men have been brought by either cor pora tion. the one to assert its supposed rights and the other to defend them. say that something should be done to deter these people from this unlawful method of exercising a right and priv ilege conferred upon them by the leg islature. In the first place. if that is done if these entries are made. and these unlawful takings. injuries or de- structions are permitted, the person injured will have to resort to the doubtful and expensive method of as- serting his rights in the Courts of law by action for trespass. or the still more doubtful way of applying to court of equity for mandatory or other intunc- tion. I know an instance in this town whereby the municipality of Montgom- cry undertook to practically bury the lot of a man l represented. and when he requested the poor privilege of be- ing allowed to see his counsel before any other proceedings wcte taken. that was denied him, and he was compelled to go to expensive litigation in the Cha9cery Court and the Supreme Court before his right could be asserted; but as soon as it Is known that when these corporations or individuals vested with this right are to be met with 'enalty in the nature of three times the value of the property taken or destroyed, in addition to the penalty for trespass, 1t may possibly deter them in their ac- ton. This is no new thing. AS l said before, the experience of every lawyer in this Convention who has had any thing to do with matters of this kind will bear me out as to the freq ILency of such things, and it is a fact, fnd not an isolated case to which I allude in the city of Montgomery that often the peace of the community Is disturbed in efforts to take such property ana in efforts to resist such unlawful aCsres- sion. therefore 1 think the amendment should be adopted. The objection nay be raised that this is a matter Jf leg islative interference; that the legisla- ture should be called upon to right this wrong. That has been the answer made to almost every proposition or this character made to this Convention, but why it should it not be done k''re without leaving # to the legislature! We are dealing with the subject now. We are dealing with the limitations upon the exercise of emincnt domain al this time. We have adopted, as 1t seems to ne. lIllS pdi IiN SNoN'- which authorizes the corporation. al- ter condemnation. but before appeal to enter upon the property; at any rate leaving the owner of the property to the poor privilege of suing upon the bond for his damages but if these un- lawful acts could be stopped Tn the first instance. we would have some se- curity that the law would be observed by corporations or municipalities vest ed with this privilege. before they un- dertook to take tEe property or pri- vate citizens. according to their own ideas of how it should be subjected to public use.
 MT. Cobb-The amendment prepared by the gentleman from Madison and myself and submitted by me. was agreed to by the Committee on Corpo- rations, and unanimous consent is be- ing asked for it's adop ion l hope IL will not be encountered by any pro- visos or amendment. I therefore move to lay on the table the amendment of the gentleman from Montgomery.
 Mr. Macdonald--I hope the gentle man vii! withdraw that motion.
 Tho Presidential is moved that the amendment offered by the gentleman from Mon gomery be laic upon the ta- bl,.
 Upon a vote being taken. a division was called TOT, and by vote of 5i ayes and 31 noes. the motion to table the amendment prevailed.
 NJ. Almor-I move the adoption Of the amendment. and upon that l call for the previous question.