The Birmingham age-herald., 1917-08-19
EMINENT DOMAIN

Under the constitution of 1875 the power
 to exercise the right of eminent do- main was vested in municipal and other corporations and individuals provided that just compensation for the property taken. injured or destroyed was paid be- fore such injury or destruction I call your attention to the fact that the same provision was incorporated in the consti- tuition of 1901, but with the additional. provision that in the event of an appeal
 upon the payment of the amount of dam ages assessed into the court in money and the execution of a bond in double the amount of damages assessed by the appraiser, that the corporation or in- dividual obtaining judgment has the right of entry into the property. Under this singular constitutional provision a cor poration or individual seeking condemna- tion will immediately upon Judgment
 notwithstanding an appeal, secure posses sion of the property. The money de- posted in court was not paid to the own. CT, was not under his control and must remain in court until the appeal Is finally determined. The owner of the property receives no interest upon the fund de- posted in court. even though the appeal might last for years. and all during the time of the pending appeal he was de- prived of the use and control of his prop erty. Therefore the municipal or other corporation or individual invested with the states sovereign power of eminent domain, could take possession and have
 the undisturbed use of the property Of the citizen during the whole time the ap- peal was pending, and the citizen be de-
 nied any interest on the money depos- ited or any compensation for the use os
 his property pending the determination of his appeal. The present provision of our constitution works great injustice to the private citizen, and a provision on this subject as found in the constitu- ton should be restored
 GENERAL SUMMARY
 Under the constitution as 1t now exists, the state Is denied the right of engaging
 In internal improvements or building a single mile of pike road or using its con- yicts for road improvement, or providing sufficient revenues to maintain It's larg- est cities and towns. The state is de- nied, in effect the right to tax inherit ances, the large source of revenue to about 40 states of the union. Alabama is denied the right by the present con- stitution to maintain proper system for the inspection of merchandise, of food stuffs, or an adequate pure food law, by that provision which provides that no state office shall be continued or created for the inspection or measuring of any merchandise, manufacture or commodity. Prior to the constitution of 1875 the state had always exercised the power to inspect merchandise and to create officers for that purpose The abuse of this pow CT during the era of reconstruction lead to the incorporation in the present con stitution of this provision. It Is true that our supreme court has held that the only limitation imposed on the legisla- ture by this provision 1s that no state office shall be created, but 1t Is utterly impossible to secure proper inspection of merchandise and drugs. of our manufac- turing commodities. fertilizers foods and drinks, unless that inspection Is placed in the hands of competent men with an aderuate salarv
 The state of Alabama has an easement | in the bed of every navigable stream in the state yet has no power in the i'm
 terest of the people to acquire riparian