The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-02-13
Union Depot Bill
Passed the Senate
Continued from First Page.)

mept He declared that no individual
and no corporation in North Carolina
ought to be required to build unless there
was a valid title to the land He held
that condemnation proceedings might not
have as parties those who held title, and
he wanted the Corporation Commission
10 understand that the General Assem-
bly, did not direct the erection of Union
Depots where there was not a valid
title. He held that his amendment did
not injuriously affect the bill.
Senator Norris opposed the amendment,
and held that as railroads often placed
depots on lands to which they had no fee
simple it would work no hardship to thus
place Union Depot, the power of con-
demnation being given them. The Cor
poration Commission should have power
to order the building OF a Union Depot
and the Beasley amendment fully pro-
tected the railroads. The result of the
Henderson amendment would be that the
railroads would throw obstacles in the
way by process of delay in getting title
and thus defeat the purpose of the bill
Senator Gillian advocated the Hender-
lieved condemnation proceedings would
result as Mr.. Norris suggested he would
be willing to leave the matter to the Cor
poration Commission. but he held tnat
only the parties to the controversy "oulu
be bound and that this matter might De
tested in the courts, as might any otner.
II this bill was aimed at an 1ndlVldual
he would not be required to erect costly
buildings on lands without having lee
simple
Senator Justice here asked that If the
CORPORATION Commission. under the Dill
as il now stands. could not order Union
Depot at Charlotte. and that if conGem-
nation proceedings were necessary, there
being no fee simple, would not verdict
from a jury hold in these proceedings.
Senator Gillian replied that he was
averse to taking an individual case. SEN
ator Justice said he had avoided naming
Durham that the dispute there might not
be considered. Senator Gillian said that
a third party, not in the controversy
might afterwards prove the owner and
have to be paid for the land. The dis
cussion here went into a legal argument
concerning condemnation of land, after
Henderson amendment did not cripple
the bill, but gave necessary powers to
the Corporation Commission. Senators
Vann asked if the bill said that any par
ticular place should be condemned, the
answer being that it did not. but that
the Corporation Commission should Sc
lect the place. To Senator Wellborne' s
question he was answered that the rail-
roads had authority to make the roads
provide adequate depot facilities on their
right Of way. Senator Justice said that
for side-tracks the railroads could con-
denim lands not on the right OF way.
Senator Gillian urged that by the bill
il gave Corporation Commission the pow
or to select site for Union Depots, and
that this ought not to be unless fee
simple could be had.
Senator Durham said that he agreed
with Senator Henderson, that where two
parties, as a city and railroad, had equal
power to condemn land that it was wrong
to give the Corporation Commission
power to locate a depot on contested
place. Here followed a legal discussion
between Messrs Durham and Justice con-
corning the merits of condemnation of
lan's.
senator Norris, referring to Senator
Gilliams' contention that there would be
trouble in condemnation proceedings on
the ground shat the proper persons would
not be made parties to the suit, submitted
that this would be just as easy as to
find the proper parties in case OF pur-
chase. This amendment he declared
practically nullifies the bill" In an
swer to Senator Woodland. he said that
he did not contend that condemnation
proceedings carried a fee simple, but that
il gave q railroad the right to procure
land for all purposes. Again he declared
that the amendment would defeat the
bill, being intended to cripple it and rem
der it nugatory, ample power being
given in the bill for the protection OF
railroad companies by condemnation, of
equal value as a clear title.
Referring to Senator @Gilliams argu-
ment he said that the Senator from
Edgecombe seemed to be very apprehen-
sive about the railroads, as if something
etrrible was going to happen to them.
On the previous day when the railroads
wanted legislation there had been no
cry from him about human lives being
being passed against towns, but now he
cries out that it is hardship for the
railroads to construct Union Depots.
After more talk Of condemnation be-
tween Messrs Woodland and Justice, the
latter said that under the law of emf
nent domain it seemed that railroad
could take any property except mans
house and a grave yard, and that this
amendment of Senator Henderson would
cripple the bill There was then vol
ley of questions and answers between
him and Senator Woodland about the
question of contingent remainders in esse
Senator Justice finally telling Senator
Woodland that law had been passed this
session during Senator Woodlands ap-
sence from the Senate that fully covered
the question of contingent remaindermen
in cases which might be affected by con-
demnation of land.
Senator Henderson again took the fooI
and went into details concerning the rlgn'
OF way in Salisbury, charging that While
the North Carolina Railroad could build
depot on its own right of way, that II
1t built otherwise it would abandon its
right of way ard the lands would revert
TO the original owners. He urged that
the Corporation Commission be not given