The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-02-17

that II ought 10 be defeated by z direct
attack and not BY amendments. He had
not voted on roll call bat was called uq
by Senator Nootard. who asked thst -
vote II Was with surprise that his velcc
was heard in a "No." thus voting direct
y against senator Woodland.
THE DETAILS OF THE CONTEST
The ball was reported and the
amendments Of the committee. these hc-
ing - add the necessities Of the case
to the requirement. Of when practicable.
giving power to the railroad to condemn
land FOR a Union Depot. and the third
amendment. proposed by Senator Beas-
ley. which did not authorize the Com
mission to order the construction of Tn
ion Depots whore the railroats had de-
pots which were, IN the opinion Of the
Commission. adequate and offer suitable
accommodation for Tire travelling public.
Senator Justice said that he had hoped
that Senator Beasley after consideration
of the matter would Withdraw his
amendment. as he had stated that II he
found the amendments OF Senator Mann
10 cover the ground he would probably
do so. Senator Justice thought that per
haps il the amendment wac construed as
he thought ii might be. that 1t would
defeat tho purpose OF the bill aud that
this was not the intent or Senator Bcas-
ley, who had reserved the right TO op-
pose his own amendment, He held that
the addition of the words 'and the ncces-
stiles require" after practicable cover
ed the points the amendment OF senator
Beasley was intended to reach.
senator Justice stated that there was no
opposition to the first and sec
ond amendments. but that the third
might. by its stipulations, not
nave a regard for the convenience OF
the travelling public, if there were sepa-
rate and adequate depot facilities.
Senator Reasley was not in the Senate
at the time of these remarks. and was
not heard on the question. He entered
later and voted for the entire bill and
against the other amendments proposed
The third amendment. that of Sena-
tor Beasley. being voted on, it was adopt
ed by a vote of 90 for and &c against
the adoption of the other amendments
following.
Senator eHnderson here proposed hi,
first amendment, which provided that tho
railroad should not be required TO build
unless it could secure a title in fec sim
pie.
StIldlOI JuSllCc Sdlu that tilS OtlN
defeat the of the bill, rendering
it Intellectual. and that it seemed tina
this resolution was aimed at Durham Il
rectly.
Senator Henderson spoke for his amen,
ment. He declared that no individual
and no corporation in North Caroline
ought to be required to build unless ther'
was a valid title to the land. He Ielt
that condemnation nr0cop1iuuS might ~
have as parties those who held title, ant
he wanted the Corporation Comnissiol
to understand that the General Assem-
bly, did not direct the erection of Uniol
Depots where there was not a Wall,
title. He held that his amendment di'
not injuriously affect the bill.
Senator Norris opposed the amendment
and held that as railroads often place
depots on lands to which they had no fe
simple it would work no hardship to thu
place a Union Depot, the power of con
demnatiOn being given them. The Cor
poration Commission should have powc
to order the building of a Union Depo
and the Beasley amendment fully pro
tected the railroads. The result of tn
Henderson amendment would be that tn
railroads would throw obstacles in tn
way by a process of delay in getting It'll
and thus defeat the purpose of the bill.
Senator Gillian advocated the Hender
son amendment. He said that if he be
lieved condemnation proceedings Woul
result as Mr.. Norris suggested he Woult
be willing to leave the matter to the Cor
poration Commission. but he held tina
only the parties to tho controversy woul
be bound and that this matter might b
tested in the courts, as might any other
If this bill was aimed at an individua
he would not be required to erect cost
buildings on lands without having a fe
simple.
Senator Justice here asked that if III
Corporation Commission. under the hi
6 as it now stands, could not order a Unto
Depot at Charlotte, and that if conGcm
nation proceedings were necessary, thor
being no fee simple, would not a verde
8 from a jury hold in these proceedings.
Senator Gillian replied that he wa
averse to taking an individual case. Sen
, ator Justice said he had avoided namin
Durham that the dispute there might no
: be considered. Senator Gillian said tha
a third party, not in the controvers
might afterwards prove the owner an
have to be paid for the land. The dis
8 cussion here wen into a legal argumcn
concerning or lana, altc
which Senator Gillian insisted that tn
l Henderson amendment did not crippl
the bill, but gave necessary powers t
the Corporation Commission. Senator
! Nann asked if the bill said that any par
ticular place should be condemned, tn
! answer being that it did not, but tina
the Corporation Commission should Sc
lect the place. To Senator Wcllbornc
l question he was answered that the rail
roads had authority to make the road
provide adequate depot facilities on thei
right CT way. Senator Justice said tina
for side-tracks the railroads could con
I denim lands not on the right of way
: Senator Gillian urged that by the bl
it gave Corporation Commission the pow
: or to select a site for Union Depot5, an
: that this ought not to be unless a fe
: simple could be had.
Senator Durham said that he agree
with Senator Henderson, that whore tw
parties. as a city and railroad, had cqus
: power to condemn land that it was Wron
to give the Corporation Commisiso
power to locate a depot on a cOnteste
: place. Here followed a legal discussio