The Montgomery advertiser., 1901-08-18

that the FenfIemnn from Macon = moving to amend the iangu1De W4Ic1 the gentleman from Je1ferson waA pto- posing to strike out.
 t Mr. Cobb-<de proposes to strike Ou9 ard dpwant to strike out and insert The Presldent--You move to amend the same language and insert ofhee language? W
 Mr. cobb-Yes sir.
 The presi5ent--Proceed.
 MT. Cobs--The provision of this Sec ton Is tha. where an appeal ts tAken and bond shall be given in douDlo the amount of damages awarded, con- q toned for paymsnt on recovery. etc Al that seems to be very well, but yoo tic up the man, the claim of the parry In whose behalf this award is gfveo Eand remit iqshdIto an uncertain suit ,fo< damages on his bond. and II is not q vefy'' fair contest oftenffnes hefueeo corporation and an individual in q suit of this sort. as aii know very well. The bond may become iusoivent ana various contingencies may arise where by the man in whose favor the dam ages have been fairly awarded will lose his recovery. Now my amendment pro- vides that where there has been an assessment of damages and an appeal by the party seeking to exercise fha right of eminent domain he shall pay into court the amount of money. t1
 money, which has been awarded against him and also give bond pro- viding that any additional amount which he may recover upon appeal will be paid to him and for the payment of costs.
 Now such a provision as this puts the corporation and individual more near. ly on an equality before the courts of the country. It is not right. Tho distinguished gentleman from Mont gomery has called my attention to the fact that the purpose of the law Is. and the provisions of the law are. that you shall not take private property for pub lie or private use except by first psy- ing just compensation for 1t. The law intends thai before you shah condemn a mans property in this way. you shall first pay him tn money. In order to ascertain the fair compensation 70 be received by him, where they cannot agree by contract, 1t Is very well to have these general provisions that you may have disinterested parties to award the amount of damages. but when that award has been made. the only element that was uncertain up to that time under the general law as the amount of the damage. Now that has 
 of the general law the man has the night to demand the money before his property is taken from him. But these ger tlemen say don't he give bond? Paying money and giving bond are two different things altogether. One is cer- tain and tho other contingent.
 MT. Smith CMobile)-The gentleman and Committee think they have pro- vfded for the same thing. Have you examined the authorities as to whether or not under this very provision, just as you contend it should be done, 1t is required to be done? e
 MT. cobb-,No, have not. but, this provision would do away with it if put in the Constitution. s3s
 MT. Boone-The provision reads here. Municipal and other corporations and Individuals invested with the privilege of taking private property for public use, shall make just compensation, fo be ascertained as may be provided by law, for the property taken. injured or destroyed by the construction or en- largement Of its works highways or Improvements, winch compensation shall be paid before such taking, injury or destruction" As my, colleague, Nr. Smith of Mobile has shown, Is it not true that the Supreme Court has again and again decided that that money must be paid before he has right of entry or can take that property, must be actually paid into court2
 Mir. cobb-The gentleman is occupy-. ing my time unnecessarily. This Is a Constitution we are making. and in the very provision from which he quotes-is contained the other provision that if an appeal Is taken. then the money is not to be paid. What Is this bond for9 For the payment of damages assessed That Is the language of the Constitu- ton. How can you give d bond for the payment of damages assessed after you have already. paid 1t in money4 One provision Is where there is no ap- peal and the othsr is where there is an appeal. Now I say where there ls an appeal. the party against whom the appeal is taken should be put as nearly as possible on an equality with the man to whom the money may be paid without appeal, and remove 1t from this uncertainty of sut on bond.
 MT. White-It seems to me that we are making a wide departure. Private property has always been regarded as a very sacred thing in Alabama: in fact 1t has been regarded as a sacred thing in every State in this Onion. Heretofore before pri- vate property could be taken 1S. DCIOEe OIIe cOuiQ DC of his property. just compensation had to be made and made in money. Now what are we doing7 We are provid- ing for the taking of private property and remitting the owner to a lawsuit. We are telling the individual whose home is ruined and whose family have been deprived of that home that they must wait and wait indefinitely until an uncertain long drawn out law suit may be ended.
 Mir. Cunringham-Is that not done in all attachment proceedings?
 Mr. White-That is true, but 1t is only true after 1t has been adjudged, under that attachment proceeding that the defendant owed the debt and then a judgment rendered, condemning his upon a contract which he has made. and he thereby parted with his property. Here you are taking 1t from him without his consent. You are taking 1t from him without his ever having contracted a debt which im- posed an obligation upon him. You are taking 1t from him and turning 1t over to another in violation of a most sa- cred principle of our government, to which there Is only one exception, and to which there has ever been only one exception. and that is when he has been paid for 1t in money. What in- duces our Committee to do it? They mean well of course. They do 1t be- cause. forsooth. in one instance one company has delayed the op- erations of another railroad company. Tn other words. because one heartless . HfAVs ha knLr ft.aTs hxg kns