The times. [volume] (Richmond, Va.) 1890-1903, 1901-10-11

WORD "DANAGE.D'
IS TO BE RET AIMED
Committee Of Whole Refuses to
Strike it Out.
WAS. A GREAT LEGAL BAT Tie.
Some OF the Ablest Convention Leaders
Spoke Upon It Proceedings
Of Day ia
Detail.
WAS A GREAT LEGAL BATTLE.

The constitutional Convention yester-
say, by an Overwhelming majority, voted
IN Committee of tire Whole 20 reject the
amendment offered by Mr.. Robertson, Of
Roanoke 10 section 90 which was TO
strike the word damaged from the
clause relating TO the right of en1srent
domain. The section was then adopted
as It came from the Committee on the
legislative Department. and viii, if
adopted by the convention, which is like
~. become a part os the new Organic
law of the. State. The effect Of this
change is to allow property owners 10 re-
cover when their property is damaged
for public use. as well as when 1t is ac-
tuaily taken.
It did no; take the body long to get
down to business. There were no resolll-
ttons and but few memorials. Eishty-one
members were in their seats and a great
many visitors were on the floor. Among
them were Governor Tyler, Attorney
General Montague end a number of MEM
hers of the Legislature. Fair women
were on hand in great numbers.
When the Concaittee of the Whole was
gone into tdr. Walker il; the chair, there
was q battle between the legal lights OF
{ Inc b0GN.# he ltg!Sttllte lttIDlL N'io I'm
en- up. and there was a great debate over
the retention of the word DAMAGED in
section 90 Judge Robertson had offered
a resolution on Tuesday to strike it out
and Mr. Carter. of Hanover. was the first
speaker in favor of this course. Messrs
Eatton and Robertson followed on the
same line. and strong speeches were made
against it and in favor Of the committee
report as it stood by Messrs. Parks. n
gram. r. Walton Moore and Meredith
The vote was then taken, and resulted in
an Overwhelming victory for the commit
tee. the body refusing to strike the word
out.
The convention then adjourned until to-
day.
THE DAY IN DETAIL.
The convention was called TO or1T
promptly al 1850 o'clock by President
Goode. and prayer VAS offered by Dr.
Richard, NicIlwaine.
Eighty-one nai.isers answered TO their
names and the journal OF Wednesdays
proceedings was reau ard approved
There were Il srca. RAINY memorials
md severa. leaves Of atsellce were grant
ed to members wl.n ct.ltd 10 go home.
The convention then resolved itself into
committee of the whole to consider the
report OF the Committee on Legislative
Department
MI. Carter was recognized by Chair
man Walker and proceeded TO speak IN
opposition to the report of the committee
requiring that compensation should be
made for all private property taken OF
damaged for public uses.
lie said he agreed that the present law
worked unusual hardships in many cases
and he dissented from some propositions
advanced by Judge Robertson. but MS
firm conviction was that the Legislature
had ample power TO deal with the ques-
ton and was the proper tribunal to pass
upon it.
The proposed change was a radical de-
parture from the principles OF law that
had prevailed in Virginia since its lorna
ton 1t made but little difference what
other States had done, the text books
and decisions all showed that this law IN
other States had given rise TO any
amount Of confusion and embarrassment
in properly applying or constituting the
new law.
No man. unless he was blessed with
the gift of prophecy, could tell how the
Supreme Court of Virginia would con-
StTuc it, FOR the authorities would justify
multitude OF constructions.
He said it would not hurt the railroads
already built, but would be the most for
midable club that they could use to beat
out new rivals. No new road could par
pay the enormous amount of Indirect
damages the new road would have to pay
under the new law.
Mr. Meredith: DO You mean to say
the new road would have to pay the old
road damages for the diversion of traf
fic?''
M Carter: My friends acute mind
has seen point that had never thought
of. He is a universal negative. [ can
,,r,ry1 han 7
am yes That is why think he is al
ways wrong"
lIe lead from Lewis on consequential!
damages to show to what extent the new
doctrine could he stretched. He declared
that the difference between him and MIR.
Wescott was extremely narrow; that he
7 Thought the law should be changed from
What it is, but that change should be
made by the Legislature
CAPTAIN PARKS SPEAKS.
Mr.. rari1s, in advocating the report Of
til. con,a!rtee, said the only question
that should lie considered was the right
and .iust:le OF the proposition. Was it
right that lie property of a private ciu-
zen should be taken. destroyed or GamaS-
ed for the Public good without any op-
pprtunity for him TO be compensated for
his loss?
Under the present law a man can get
but n.clc is no redress for the man whose
adjoining property is damaged more than
that Of the one whose property is actual
ly taken.
That is not Just or right. aud being
unjust, and wrong this convention should
remedy the evil and substitute a funda-
iaental wrong with a fundamental right.
Referring TO the argument that capt.
tai would be frightened from the State,
he said he hal heard that old argument
in the Legislature for the past ten years,
and it was worn threadbare. Capital, he
said. would always so where safe in
restments could be made and no invest
ment was safer than in State where The
laws guaranteed equal and exact justice
to all. That was the only safe founda-
ton on which any permanent prosperity
could be built on property rights perma-
nentiy safe guarded.
Mr.. r. Walton Moore here called the
speakers attention 10 the fact that IN
Texas and Pennsylvania, where the Law
Of damages prevailed. railroad building
was the most active of any States in
s the Union.
Mr. Parks concluded by declaring that
on the question OF damages under the
new Law the courts were remarkably uni
fr,-s,,5 In THAR