The Montgomery advertiser., 1901-08-18

 was prevented by an appeal for an al- most indefinite time. and a public utii- ity actually obstructed, by simply talk Ing an appeal to the Supreme Court upon some question of law. and the whole matter wat delayed although they were willing and ready to give bond l had he pleasure to consult with the attorney on both sides of the question, the one who succeeded as we'll as the one who failed under the pres- ent Constitution, and they both agreed. while those who were successful and availed themselves Of ths prayi,f ge, that they were satisfied it WAS wrong and the Constitution ought to be amended. If the right of condemnation is to be secured at all 1t must be uni der prper compensation. Here was a condemnation. one Ezill road attempting to cross sn- other, we have tried to arrange so the parties will be secured by this amend ment. and think it is ample with sufficient bond to indemnify 1t. and that the work may go on and not open some interlocutory order and not to await the decision of the Supreme Court. '
 MT. walker-a agree with the pur- pUSc OL tue COfntNibtEG tUC oCStAoAts and will ask the committee if it will not agree to an amendment in the 9th line by inserting fin double the amount"
 Mr. Harrison-I am perfectly willing to that. With that the court would fix it at an amount that would make 1t absolute and that would be the one purpose.
 MT. Smith (.Mobile)-That has a lit- tie history too. The purpose of giving an indefinite bond was to secure the damages although they be three or four times the value of the property and It was held that an amount double the amount of property would not be sdf- ficient. f'1 'ir
 MT. waiker-I will put it not lees than double.
 MT. Harrison-That is right. Put it not less than double.
 The President-The gentleman from Lee. the chairman of the committee. Mir Harrison, asks unanimous consent to accept the amendment offered by the gentleman from Madison. Objections were made. The President-The gentleman will offer his amendment as an amendment to the amendment?
 Mr Walker-Yes, sir.
 The President-The amendment of the gentleman from Jefferson is pend- ing and you had better wait until that is disposed of.
 MT. Reese-wnl the gentleman allow me to make a suggestion? In the case the gentleman has alluded to the dam ages assessed were only four dollars Now bond in double the amount
 MT. Harrison-W put 1t not less than double. we see no objection to that.
 Mir. Reese--I have no objection to that.
 The PresiGent-The gentleman-s ob- amendment is offered by the gentleman from Jefferson, Mir. Beddow. and 1t would probably simplify the record if the gentleman would withhold his amendment until the other Is acted upon.
 matter Is fully understood and unless some gentleman desires to discuss 1t further
 Mir. Cobb-I desire to say something.
 MT. Harrison-All right. then. will not make any motion. a'
 Mr. Macdonaid-I would like to know the parliamentary position.
 The President-There Is an amend ment offered by the gentleman of Jef- ferson to strike out certain portion of 1t.
 MT. Almon-I move to lay the amsnd- ment of the gentleman on the table.
 MT. white-I hope the gentleman win withdraw that.
 The PresidentDThe Chair recognizes the gentleman from Montgomery if he desires to proceed. Otherwise the Chair will recognize the gentleman from Ma con.
 MT. Macdonald-I was inquiring whether the amendment here could be offered to the amendment offered by the gentleman from Jefferson.
 The President-It strikes out all after "said appeal" .t
 MT. Macdonald-I offer this then ss an amendment.
 MT. White-I arise to point of order. The gentleman from Lawrence who was recognized by the Chair and moved to table the amendment and then with drew his motion in my favor.
 The President-The gentleman from Lawrence would hardly have the right to prescribe, when he withdrew his motion who the Chair would recognize and the gentleman from Montgomery had asked for recognition before the gentleman from Jefferson. and there fore the Chair thought proper to rec ognize him before the gentleman from Jefferson.
 Mir .White-I thought he yielded to me.
 Mir. Atacdonaid-.I offer this as a sub stitute.
 The President-The gentleman from Lawrence really was not recognized if the Chair recollccts correctly.
 .A..A 1nA AAA motion was to table. and it vas at that moment I asked him to withdraw 1t.
 The Presideat-1he gentleman made a moti1n to table and took his seat wheb the Chair was on the point of stating the question. That did not give the gentleman the right to the floor.
 The substitute offered by the gen tlenlan frem Montgomery. Mr. Mac donald was read as follows
 Amend Section by adding after the word destruction in the fifth line. the following words: Whenever such taking, injury or destruction is inten- tionally and forcibly accomplished without first resorticg to legal proceed ings the owner of the property so talk en, injured or destroyed shall be en- titled to recover three times the value of the property so taken. Injured or ,de- stroyed in addition to such other dam ages as may be recovered by law for the trespass."
 The President-It does not seem to the Chair that the amendment offered by the gentleman from Montgomery roIates to the amendment offered by