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

and If this law had been In the Constitu-s
ton It would not have had five miles, be-
cause the payment of damages would.
have bankrupted the city long ago. He
then referred to the great benefits con-
ferred on the State by the development
and extension of railroads, and said that,
while the interests of the cities were more
important than the railroads. because the:
latter had already built their main lines
and settled all claims for damages, yet
the law would seriously discourage future
development in railroad and other indus
trial interests which were quasi-public in
their nature.
The speaker then read many instances
of hardships on corporations from cases
before courts and entered into an ABB
struce legal argument on the doctrine
OF eminent domain.
He quoted decisions from the English
and American courts and from text
books to demonstrate the extreme limit
to which the new law could be carr1ea.
WOULD ENCOURAGE SUITS.
He Said If there was vexed question
with lawyers it was that Of the true
measure of damages in any suit for dam
ages even when the question OF IapliltJ
was fixed and settled.
Wealthy syndicates would refuse 20
put their money in State that ailoW .isl
everybody who thought he was remotely
damaged to bring suits against them.
The reason States having this law nave
prospered has been because they nav
had other untold advantages that NAY
caused them to prosper IN spite % 80.
Law Conditions are different III W.
GINA. and encoura cement must pc given
IN NV enternrises Corporations al
ready in this State will not pc alL LIZ, ~,
if is th., new ones to come that will De
hut
He said he had noticed that some men
were extremely bitter against coIPoia-
tons and entertained all kinds Oh popu-
list notions. until some cofpoIalioh So
them employment. and then their views
| underwent a radical change The speak
er then said he was thinking more o.
the cities than of the corporations Ill TINS
matter and that no corporation ne "a9
EMPLOYED by could be affected pE tliS
law except as to future CROWN anu 90
velopment. He contended that an lieS s!,
| resolutions relating to liquor incense alIi
other new-fangled schemes ought not 10
| be nut in the Constitution, but respectful
" referred TO the legislature lie con-
Guided by repeating that the matter un-
der consideration should be continued
where it was, in the hands OF the LESS
iature. He was afraid the committee
had allowed sentiment to get the petteI
Of tueir common sense aild uiitss9 49,
convention amended the secuon tneS
would live to bitterly regret 1t.
lie then showed how since 1870 twenty
six states had by reason OF these OUT
RACES on private rights, been coIipelleu
to engraft il, their constitutions the
change recommended by the COMM zee.
Mr.. Wescott then referred to the state
ment by Judge Robertson as 20 men oP
posing everything that was beneficial
ia corporations until they had employ
12lent from them He said it was an
unfair statement. but that it did not and
could not touch him. for 1t was through
experience gained in appearing Tor cor
porations that caused him TO advocate
the proposed amendment to the Cohstl-
t.:t:on.
He had witnessed hardships and de-
struction of private property until he
had become convinced that some could
moi deal with tbs question and read
from any text books and Supreme Court
decisions to sustain his position and cor
roborate his assertion
WOULD HAVE THE RIGHT.
lie said under the present construction
Of the law of eminent domain man
would have q right to damages IL one
inch OF a thousand-ache tract of land
,zss ohvsically touched or taken, no mat.
ter how small his damage was; but II has
territorial lines were not touched, no
matter. how great the damage to his es-
tate, he was met with the doctrine u
damnum absque injur1d ana hiloeNS'' ot'
of court, although d teh-tllolSaliu 80
lar lot or ftty thousaii4 ooii"1 80 ..,,
ing or a splendid Farm bSa peeL l le1i,
dered unsuitable or ullfeiltsoi1 ~
of the pubic improvement: ,,,,:o So
He secuted the oocttiiie s.i$1c
pToEeneiiis si-ouis' iSli 49,
private cltlzsH. "'' 81. % ,,9.3,, had
trine to advance that an one man no"
should be fuLhlesaiy tdAeH u Up 80 60
destroyed, Just because a great wealthy
corporation, be it city on raliroad, Wlsheo
to make public Improvement. IL was
nothing but fair for the general pubic 70
contribute to compensate the unlortufate