So the second division of the section was rejected. ABSENT.-Messrs. Addicks, Ainey, Andrews, Baker, Bardsley, Bartholomew, Beebe, Bigler, Black, Charles A., Bow. man, Broomall, Carey, Cassidy, Church, Clark, Collins, Craig, Cuyler, Dallas, Darlington, Davis, Dodd, Dunning, Ellis, Fell, Finney, Gibson, Hanna, Harvey, Hazzard, Hemphill, Heverin, Lawrence, Littleton, Long, MacVeagh, M'Camant, M'Clean, Metzger, Minor, Mitchell, Mott, Newlin, Palmer, G. W. Palmer, II. W., Parsons, Porter, Pughe, Purviance, John N., Read, John R., Ross, Sharpe, Stanton, Stewart, Struthers, Temple, Wetherill, John Price, Wherry White, Harry, White, J. W. F. Woodward, Wright and Meredith, President-63. The CLERK read the next section as follows: SECTION 10. All municipal, railroad, canal and other corporations, and individuals, shall be liable for the payment of damages to property resulting from the construction and enlargement of their works, as well as to owners of property not actually occupied as to those whose property is taken, and said damages shall be paid or secured to be paid before the injury is done. Mr. BRODHEAD. Mr. President: This subject was fully discussed while wewere on the second reading of the article on corporations, and we adopted the section, which I will take the liberty of reading: SECTION 6. No corporation shall engage in any other business than that expressly authorized in its charter, nor shall it take or hold any real estate except what may be necessary and proper for its legitimate business; and the Legislature is hereby prohibited from depriving any person of an appeal from any preliminary assessment of damages against corporations made by viewers or otherwise. The amount of such damages in all cases of appeal shall on the demand of either party be determined by a jury. This is on exactly the same point, and it fully covers all that is endeavored to be met here. Mr.KAINE. I move to amend the section in the fifth line by striking out the words "to be paid." They are unnecessary. It will then read: "And said damages shall be paid or secured before the injury is done." "Secured" is sufficient. Mr. COCHRAN. I hope that amendment will not be adopted. We have used the ordinary legal language in this case. Mr. FUNCK. I offer the following as a substitute for the section— The PRESIDING OFFICER. It is not now in order and will not be until after the vote is taken on the pending amendment to strike out three words in the seetion. The question is on the amendment of the gentleman from Fayette (Mr. Kaine.) The amendment was rejected. Mr. FUNCK. I move to amend by strik. ing out all after the word "section" and inserting the following: "No corporate or municipal body or individual shall take private property for public use or injuriously affect it by change of character of highway or otherwise, without being required to make compensation to the owner thereof for all damages, direct or conséquential, resulting from such taking or injury, and sah compensation shall be paid or secured fore such property shall be taken or iLjured." Mr. President, I have offered this substitute for the section because the section as adopted by the committee of the wi. le is too narrow and does not embrace several items of injury for which compens tion should be made. A careful reading of the section as adopted will disclose the fact that it provides only for the payment of actual or direct damages. It makes tro provision whatever for the payment of proximate consequential damage. For instance, if a railroad company in the cor – struction of its railroad takes possession of the land of an individual and by me ins of a cut or the throwing up of a high embankment injures the property of an adjoining proprietor, that adjoining proprie tor can recover no damages for the injury doue him, no matter what the extent of the injury may be. The damages provided for by the se tion are of this character: Suppose in the digging of a cut on the land of a proprie tor, a house standing on the land of an adjoining proprietor should be injured by the caving in of its foundation. That is a case of direct injury and will be covered by the original section. Again, supposed in blasting rocks in making an excavation the house of the adjoining proprietor should be shivered. In that case damages could be recovered under the original section; but all other damages of a conse quential character are not embraced in it. Then, again, suppose a public highway has been laid out under the right of eminent domain-a public road way for horses and teanis to travel over. That may not be injurious to the property of the owners along the track; it may, on the contrary, be beneficial to them; but subsequently a railroad corporation acquires the right to construct a railroad over this public highway, and in doing it throws up an embankment or cuts a ditch by which the houses on both sides may be materially injured, there can be no recovery of damages under the original section. Nor does the original section apply at all to the case of a municipal corporation, for I should like to know what municipal corporation in anything that it may do properly comes within this section, unless it travels outside of what is usually done by municipal corporations-such as the construction of water works or the like "construction and enlargements of their work," being the only term that applies to municipal corporations. Now, in the opening of streets, in the regulation of grades, in the construction of sewers and otherwise, the property of a citizen of the municipality may be very seriously injured, and yet the original section makes no provision for compensation. I submit to this Convention that whenever the property of an individual is injured by the exercise of the right of eminent domain, whether that injury be direct or consequential, the person should be compensated to the extent of his injury. It may be said that if ailroad or any other public i nprovement is constructed over the land of A and the land of B is entirely untouched, the lead of B is not injured,and consequently he should have no right to recover damages. In answer to that, I say that if, by the construction of this public highway, the land of B has been depreciated in value so that if it were put up at sale it would bring a thousand dollars less than it brought before the improvement was made, it is an inJury to him to that extent, for which he should be compensated; it is just as clearly and manifestly a loss to him as if that much money had been taken out of his pocket. What difference can it make to him whether a portion of his property is appropriated to the construction of this public highway or whether his property is consequentially injured by reason of the work which has been done by the corporation? In either case, he has lost just as much as his property will bring less if put up at public sale, and whatever that may be is the extent of the injury for which he should be compensated. It has been said heretofore that if a railroad corporation or any other corporation shall be called upon to pay injuries of this kind no public improvement can be made. I answer that in this way: If people are to be injured to this extent in order to allow these public improvements to be made, it is levying a sort of compulsory contribution upon them to the extent to which their property has been injured to make the improvements. That certainly is unjust. But, as I said before, whether that property is injured or whether it is taken can make no difference to them. Whatever the amount that it will bring less if sold at public sale, to that extent they have suffered; and all these injuries should be paid for, because public highways, although of great public utility, are not built by the stockholders for the purpose of benefiting the public or developing the resources of the Commonwealth, but mainly with the intention of making money for those who have invested their capital in the enterprise. That a great benefit results to the public is incidental to the improvement, and assimilates itself to the case of an individual who resides in a a town and expends $20,000 or $30,000 in erecting a magnificent mansion for himself. All the property around him is enhanced in value on that account, and yet he would never think of going to his neighbors and levying an assessment on them to assist him in paying for his building. They are consequentially benefited. He never contemplated that, but it is one of the incidents of the improvement which he made. Precisely so with these corporations. No; whenever any such improvements are made any citizen of the Commonwealth injured thereby, whatvever the extent of the injury may be, should be paid; they are not made at his instance, but frequently against his will under the authority of the government. And in many instances the injury falls upon individuals who are little able to bear it. The PRESIDING OFFICER. The question is on the amendment of the gentleman from Lebanon. Mr. TURRELL. I wish to detain the Convention a moment to call to mind the fact that this section was very thoroughly considered on a former occasion and we had a great deal of declamation and argument upon it; and especially after a very luminous speech by the President of the Convention, Mr. Meredith, the language seemed to be adapted to express the idea that the Convention wanted to put into the section; and I do not believe that at this time we shall benefit by changing it. I hope it will be adopted just as it came from the hands of the committee of the whole. Mr. EWING. Mr. President: This is a very important section if we adopt it either as it stands or as the amendment proposes to make it. It is one that I do not think can be considered properly tonight, one that proposes a radical change in several respects, and in order that the amendment may be seen and examined, I move that the Convention do now adjourn. The question was put, and the motion was declared not to be agreed to. Mr. LAMBERTON and Mr. WORRELL called for the yeas and nays, and they were taken. Mr. ALRICKS. I rise to a point of order. This House is in session after six o'clock. Smith, Henry W., Walker and White, Harry-25. NAYS. Messrs. Achenbach, Bailey, (Huntingdon,) Bannan, Brodhead, Bullitt, Calvin, Campbell, Corbett, Corson, Cronmiller, Dallas, De France, Edwards, Gilpin, Green, Guthrie, Hall, Horton, Howard, Landis, MacConnell, M'Culloch, M'Murray, Mann, Mantor, Patterson, D. W., Patton, Reed, Andrew, Reynolds, Rooke, Russell, Simpson, Smith, Wm. H., Tur rell, Van Reed, Wetherill, J. M., White, David N. and Worrell-38. ABSENT.-Messrs. Addicks, Ainey, Andrews, Baker, Barclay, Bardsley, Bartholomew, Beebe, Bigler, Black, Charles A., Bowman, Boyd, Broomall, Brown, Carey, Carter, Cassidy, Church, Clark, Collins, Craig, Curry, Curtin, Cuyler, Darlington, Davis, Dodd, Dunning, Ellis, Fell, Finney, Gibson, Hanna, Harvey, Hazzard, Hemphill, Heverin, Hunsicker, Lawrence, Littleton, Long, MacVeagh, M'Camant, M'Clean, Metzger, Minor, Mitchell, Mott, Newlin, Palmer, G. W., Palmer, H. W., Parsons, Porter, Pughe, Purman, Purviance, John N., Read, John R., Ross, Runk, Sharpe, Stanton, Stew The PRESIDING OFFICER. Nothing can interrupt the roll call. The result must be announced to the Convention. The result was then announced as fol- art, Struthers, Temple, Wetherill, John lows: YEAS. Messrs. Alricks, Armstrong, Baer, Baily, (Perry,) Biddle, Black, J. S., Buckalew, Cochran, Elliott, Ewing, Fulton, Funck, Hay, Kaine, Knight, Lamberton, Lear, Lilly, Niles, Patterson, T. H. B., Purviance, Samuel A., Smith, H. G., Price, Wherry, White, J. W. F., Woodward, Wright and Meredith, President70. The PRESIDING OFFICER. The motion to adjourn is not agreed to. The hour of six o'clock having arrived, however, the Convention stands adjourned until tomorrow morning at nine o'clock. ONE HUNDRED AND FORTY-FIRST DAY. TUESDAY, July 15, 1873. The Convention met at nine o'clock A. M., Hon. John H. Walker, President pro tem. in the Chair. Prayer by Rev. J. W. Curry. The Journal of yesterday's proceedings was read and approved. LEAVES OF ABSENCE. Mr. KAINE asked and obtained leave of absence for Mr. Hanna for a few days from to-day. Mr. BRODHEAD asked and obtained leave of absence for himself for a few days from to-day. Mr. BOYD asked and obtained leave of absence for himself for the residue of this SUBMISSION OF CONSTITUTION. Mr. BUCKALEW. I move to take up the resolution which I offered a few days ago in relation to an adjournment and the submission of the Constitution. Mr. TEMPLE. On that motion I call for the yeas and nays. Mr. SIMPSON. I second the call. Mr. D. N. WHITE. I understood a few days ago that that resolution came up and was rejected. YEAS. Messrs. Ainey, Alricks, Baer, Bannan, Black, J. S., Brodhead, Broomall, Brown, Buckalew, Calvin, Cronmiller, Curry, Curtin, Elliott, Ewing, Green, Hall, Hanna, Harvey, Hemphill, Kaine, Knight, Lamberton, Littleton, MacConnell, M'Murray, Mantor, Newlin, Palmer, G. W., Patton, Porter, Pughe, Read, John R., Reynolds, Rooke, Ross, Smith, H. G., Smith, Henry W., Struthers, Turrell, Van Reed, Walker, Wetherill, J. M., White, J. W. F. and Worrell-45. NAYS. Messrs. Achenbach, Baily, (Perry,) Bailey, (Huntingdon,) Biddle, Bigler, Black, Charles A., Boyd, Campbell, Carter, Clark, Cochran, Corbett, Dallas, Gilpin, Guthrie, Hay, Horton, Howard, De France, Edwards, Fulton, Funck, Lawrence, Lear, Lilly, Long, M'Clean, M'Culloch, Mann, Patterson, D. W., Patterson, T. H. B., Purman, Purviance, Samuel A., Reed, Andrew, Russell, Simpson, Smith Wm. H., Temple, Wetherill, Jno. Price, White, David N. and White, Harry-41. So the resolution was ordered to be read a second time. ABSENT.-Messrs. Addicks, Andrews, Bartholomew, Beebe, Bowman, Bullitt, Armstrong, Baker, Barclay, Bardsley, Carey, Cassidy, Church, Collins, Corson, Craig, Cuyler, Darlington, Davis, Dodd, Mr. SIMPSON. I rise to a point of order. Dunning, Ellis, Fell, Finney, Gibson, Is debate in order? The PRESIDENT pro tem. It is not after the yeas and nays have been ordered. Mr. D. N. WHITE. I just wish to say that I offered a resolution the other day very similar to this, and I hope this resolution will be voted down for the purpose of taking up the other. Mr. H. W. SMITH. Debate is in order. The PRESIDENT pro tem. The Clerk will call the roll of members on the motion of the gentleman from Columbia to proceed to the consideration of the resolution offered by him. Hazzard, Heverin, Hunsicker, Landis, MacVeagh, M'Camant, Metzger, Minor, Mitchell, Mott, Niles, Palmer, H. W., Parsons, Purviance, John N., Runk, Sharpe, Stanton, Stewart, Wherry, Woodward, Wright and Meredith, President. -47. The PRESIDENT pro tem. The resolution is before the Convention and will be read. The resolution was read the second time, as follows: Be it resolved as follows: First, That when the article on rail The yeas and nays were taken with the roads shall have passed second reading following result: the Convention will adjourn to meet again on the 15th of day of September, at about the work of the Convention for the ten o'clock A. M. Second, That articles passed on second reading, including the legislative article, be re-printed as amended, and that three thousand copies thereof, in pamphlet form, be published for general distribution. Third, That the Convention will submit the new or revised Constitution proposed by it to a popular vote at such convenient time as will secure its taking effect, in case of adoption by the people, on or before the first day of January next. Mr. S. A. PURVIANCE. I move to amend, by inserting after the words, "article on railroads," the words, "and the article on the Legislature." The PRESIDENT pro tem. The question is on the amendment of the delegate from Allegheny. Mr. BIGLER. Mr. President: I desire to say a very few words on this subject generally. Like yourself, sir, I have stood out against this idea of a recess; but on looking for public reasons why we should struggle through this business in the hot weather, I have become satisfied that we may very wisely take a recess. It seemed desirable to the Convention, as I am sure it did to right-minded men all over the State, that the proposed reforms should apply to the coming elections. I believe that has been decided to be impracticable; the coming election must be held under the old forms. Then I see only one remaining public reason for attempting to get through without a recess; that is, that the reforms in legislation may operate upon the coming Legislature. I believe it is the understanding of those who favor the recess that that purpose shall be accomplished. It is to be understood that we are to assemble here in September and prosecute this work with that diligence which will secure its completion and submission some time in November, so that it may go into operation about the first of January next, so that the restrictions on legislation may operate upon the coming Legis lature. With that view I can see no public reason for holding out in the condition in which we are now. Indeed, sir, I think I can see reasons why a little more deliberation and better opportunities on these grave questions may prove useful to the people of the State. I confess that I am somewhat despondent and discouraged last week or so. For one, I am willing to say that I would be better prepared to enter upon these questions after some rest and relaxation. Why, sir, to those of us who are somewhat advanced in years this is rather a serious business. I found it absolutely necessary to leave the city for the purposes of health and comfort and go out to Chestnut Hill, a distance of ten miles. To get here, it is necessary for me to be ready for breakfast before seven o'clock, and take the train and come here in time for the sessions of the Convention. Then we sit until one o'clock. Then we go out in the midst of the heat, in the hottest hours of the day, to get a lunch, after which we sit until six o'clock. I must then take the train and between seven and eight o'clock get a meal called a dinner and a supper mixed up. Now, sir, ten days of hausted me, and I feel, for one at least, that I should be better able to perform my duties after some relaxation. This is only a private reason. Those of a public character I have given heretofore. I confess that I have come to this ground with great reluctance, for I had a great anxiety to meet the public expectation that the Convention would accomplish its work within this month. that kind of labor has somewhat ex Mr. MANN. I hope the amendment of the gentleman from Allegheny wid prevail. I am sure the people will be suffi ciently disappointed if this Convention adjourns without completing its work, without giving them the additional cause of disappointment of not completing upon second reading one of the most important articles of the entire Constitution. There will be very great disappointment if the Convention adjourns without passing to second reading the article upon the Legislature. All over the State the people have been asking for months, "What are you going to do in relation to the number of members and the manner of their distribution throughout the State?" Nowit is proposed to adjourn without answering that question. I think it would be a very unfortunate movement. Now, here we are just prepared to enter upon that question. I have no doubt the mind of every delegate is made up upon it, and all that is needed is that we come to a vote. We are as ready to vote upon it to-day as we ever shall be. What earthly reason therefore can be given for attempting to adjourn this body without answering the |