The Montgomery advertiser., 1901-08-08

out, anu I thlilh WI along better by accepting these amend ments which accomplish what Is de- sired to be accomplished than. by talk ing up time In the discussion or 1t. do not care to renew the motion to lay on the table, because I would favor the amendment offered, which has been accepted by the Committee. and which makes clear the purpose of this Con- vention.
 MT. weatherly-I renew my motion to lay the Section and the amendment on the table,
 Upon g. vote being taken, a division was called for, and the motion to table the section and amendment prevailed oy 42 ayes and 37 noes.
 Section ? was read as follows:
 Sec ?. Municipal corporations shall be invested with the privilege of talk Ing private property for public use, put shall make just compensation for property taken, injured or destroyed by the construction or enlargements of it's works. highways, or Improvements. which compensation shall be paid be- fore such taking, injury or destruction The General Assembly Is hereby pro- hiolted from depriving any person of an appeal from any preliminary assess ment of damages agains; any such mu- nicipal corporations made by viewers or otherwise; and the amount of such oamages In all cases of appeal shall on demand of either party be determined by a jury according to law.
 MT. Harrison-My remarks on the other section are arplica ble to this. .hihA tnis section should be postponed TOT acton in connection with Section or the report Of the Committee on corporations. This Section, like the nrst one, is an attempt to take a part or the old Constitution, or rather to take a provision in reference to cor porations generally. and apply it to nuhicipal corporations. The old Con- sItution, in speaking of this right of eondernnation, gave the same rights to municipal ard other corporations and to individuals where they were invest eo With the right and privilege of talk ing property.
 The Committee whose report we are considering have in effect reported the oid constitution prescribing or con- iihihe us provisions to municipal cor poratlons. It occurs to me that the general policy of the State in reference to taKipg property should be upon the same general conditions, whether by municipal corporations, private corpo- rations or individuals. whenever they are invested with this privilege. Your Committee on Corporations, in consid- erlns thus matter had it's attention called to a recent decision of the Su- preme Court. in which. after a confer- ence With members of the Court. and with the attorneys on both sides of 0 recent case of the Southern Railroad vs. Cincinnati Southern, in which 1t developed under the old Constitution, one railroad for instance by the right of appeal could prevent the use of the iahd Tor year or two. It was sta ted before the Committee on Corporations even by the attorney who won the case he said he was glad that the Consti- tutlon was as 1t was but said 1t would be an outrage to leave the Constitu- ton as 1t was. because 1t would in eff feet prevent a railroad from crossing another. and what applies to railroads would apply to individuals. There would be an appeal on demurrer and 50 to the Supreme Court and perhaps take year or two before right of con- dcmnation became available. In order to meet that your Committee on Cor porations has amended Ahe old Section of the present Constitution, which covers municipal corporation as well as private corporations. which we think 0bViates that defect, and we think the provisions would be ample.
 Mir. Weakley-I would Ii .e to ask the gentleman from Lee if ne has any objection to taking up the section at fhiS time and let the matter be dis posed of?
 Mir. Harrison Nothing in the world, except this being in the general pro- vision on corporations. and if the Chairman of this Committee will read htt,lT ta 1t and let 1t remain. l think it should remain in the general Article on Cor poration. and not be separated as we are about to do, to have one under the head of municipal corporations.
 l1r. Boone-In the article reported by the Corporations Committee does 1t expressly include municipal corpora tions?
 MT. Harrison-It does. It has all that this section has in it. and 1t might obviate this difficulty which we tell you about. 1t is in Section [. will read 1t:
 Municipal and other corporations and individuals invested with the privilege of taking private property for public use. shall make just compensation. to he 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, which compensation shall be paid before such taking. in jury or destruction.
 Mir. Howze-Thore Is a provision in there vesting that right in municipal corporations.
 MT. Harrison-Ycs. sir, the very first words.
 Mir Howze-Where is the authority vesting in municipal corporations the right to do that?
 Mir. Harrison-They will have to be invested with it by their charter.
 MT. Weakley-I un lerstand. MT. Chairman. inasmu"h as municipal cor porations are provided for in the re- port of the C0mmittnc on Corporations we have no objection to it's taking the course suggested by the gentleman from Lee. -. *.-. --:- :..
 Mir. Uarrson-I think 1t all should be in one article. If it meets with ap- proval I move that It's consideration be postponed and taken up and con sidered with the report uf the Com mittee on Corporations.
 President pro tem-It is moved that the consideration of Section of the Article on Municipal Corporations be postponed and taken up on the cousid- "ration of the report of the Committee on Corporations.
 On a vote being taken the motion WAS adopted.
 The Secretary read Section 3 as fol- lows:
 Section 3. The General Assembly sl&tl have the power to establish. alter. enlarge or diminish the boundaries of