The Montgomery advertiser., 1901-08-20
Corrections.

In remarks of Mir. Smith (Mobile), page five, second column, commencing with the fftyninth line from the bot tom. after the word sustained" it should read as follows to the bottom of the column:
 Then after the judgment is rendered, you come back to the probate court, and there only remains to assess the damages. Now, when the dan1Ag ges are assessed, you can get no judgment of condemnation until you pay such dam- ages. When you have obtained your judgment of condemnation. and had it affirmed by the Supreme Court Off an appeal is taken) after the appeal has been fairly decided. and you come back and get a judgment for the damages assessed. then you can take an appeal from the assessment uf damages to the circuit court
 Now. before that appeal is taken, you have gotten your right of entry adJudi- cated This provision says that this last appeal shall not suspend the right of entry, provided the person seeking | to condemn goes further and gives a | bond to pay such other damages as may be assessed upon such appeal. So that your right of entry is after the payment of all the damages assessed 1 duder the condemnation proceedings, and after the right to condemn has been finally adjudicated. You have then paid the damages assessed, and the question left to be determined is | only whether or not the amount of damages paid by the corporation Qf it be a corporation) to the landowner, is sufficient, and in case it is adjudi- cated that such damages are not sufti- | cent. then bond Is given to pay sucl | further damages as the land owner may be held to be entitled to. It is during the controversy over this ques- ton that you are allowed to enter upon the land after giving bond.
 This being the case. there is no ques- ton between the barefooted boy and the cross-eyed woman, whereby the corporation can eject them without paying them anything for their prop erty. for it has then been adjudicated | that the corporation or person seeking to condemn nas right to the proper 1 ty. and the corporation has then al- ready paid just compensation for such l property, according to the assessed value thereof. determined by the tri- 1 bunal first trying the question. and the only other question remaining s right to the payment of still further | damages thereafter to be assessed by | jury. There is also a question as to whether or not. the landowner. or able lawyers representing damage suits, shall have the right to delay the ad- | vancement of progress whether that | advancement Is incidental to the open ing of an ordinary coal mine, such as my friend refers to, or to any other class of improvement. The question is whether such lawyers shall be able to squeeze a person seeking to condemn | into paying to them or their clients 1 three or four times the value of the property sought to be condemned by asserting that the company shall not go across one piece of property, It matters not how narrow a patch it may be. so as to reach property be- yond it. unless they pay three or four times the value of the property taken, in order to prevent them by technical ities from defeating the purposes of the company by delays. Now, I say that such a proceeding is not right, and that there ought to be provision that after the right of condemnation has been adjudicated and the value of the
 property assessed. and such assessed values paid. to enter upon the property, provided you will give bond to pay such further damages as may be adjudged. And I say to the gentlemen that is the law in every other State in the United
 States that I have been able to find and that has been recognized law in the State of Alabama until this recent
 decision. General Pettus and Mir. Jeff
 ries. who were on the other side of the
 case said to me: Smith, if we are to
 win this case. for Gods sake make
 them change the Constitution about it.
 It will be ruinous to our people to
 leave it as it is" and after 1t was de- cided in his favor. he said: Smith, don't you forget about that Constitu- tion. We cannot stand It." and I there
 fore suggested the matter to the Chairman of the Committee.
 In the vote upon the final adoptiou of Section 2S of the Article on Judi
 ciarv. referring to solicitors. MT. Burns of Dallas should have been recorded ] as voting aye.
 Tn the stenographic report of the pro-
 ceedings of the Convention Wednesday afternoon the report fails 10 note that
 Mir. Williams (Marengo) was the Pres
 ident pro tenn for the afternoon.
 You Know What You Are Taking
 When vou take Groves Tasteess Chil
 Tonic because the formula is plainly printed on every bottle showing that if ie | sipopIv ron and Ouinine n a taSteles