Commercial Jurisprudence [pp. 265-268]

COM13IERCIAL JURISPRUDENCE.
265
The total amount of the debts of the States, in 1S812, was $198,118,736. So
that the)r have increased since that period almnost $26 000,000; but that, to be
sure, includes a debt of about ten millions at the charge of Texas, which was not
taken into account in the previous estimate. It also includes for arrears of inter est about four millions.
CO.DIERCIAL JURISPRUDENCE.
PRIVATE PROPERTY TAKEN FOR PUBLIC USES.-IMPORTANT RAIL ROAD DECISION.
TVE meaeuser/pt records of this case were politely furnished us by W. C. Sinedes,
Esq., one of the Mississippi Reporters, under the request of one of the Judges.
It settles an interesting question in our jurisprudence with great ability, and is
deserving of general attention and study. We commiend it to our readers:
HIGH COURT OF ERRORS AND APPEALS OF'rIE STATE OF MiSSISSiPI'.
January Term, 1847.
Pat)ick Dozahcr v s. Tile State (f Mis.,issippi.
THERE IS A NECESSARY EXCEPTIO)N IN THE TITLE TO 1 ALLI PROPERTY-TIIAT II' IT BE
VANT'ED FOR PUBLI,,C USE, IT M-IAY BE TAKEN FORI SUCh PURl'OSE-PRIOVIDED'IIAT
IN AL I, CASES JU ST COMIPENSATION BE MIADE TO TlHE OWNER.
The Statute incorporating the Jackson and Brandon Railroad and Bridge Comn pans-, passed the 5th day of Febriery, 1846, gives power to the company to extend
their railroad, so as to intersect or unite with any other railroad, terminating in
or passing through the city of Jackson, provided the road be so constructed as not
to intertfere with the passage of anll p)utblic street of said city; the statute of 1823
(H. & H. 60) reserves to the legislatture the right to dispose of the entire two
secti,)ns of land, d(esigiated by the commissioners to locate the seat of goverlnment
(the city of Jackson), c.ccpt,/te s/rcc/s, and the lots which may be sold from time
to tiile-held that the statute oft' 1823, rests the title to the streets in the corporation
of the city, andti deprives the legislt lure of the power to dispose of them, except so
far as the j.s p~//icmct, or the rights of eminent domain may authorize it. The
right to thie streets, therefore, being in the corporation of Jackson, they cannot be
subjected to the use of the railroad, without the consent and contract of the city,
or without the assessment and payment of damages according to law.
Whether the owners of' lots adjacent to the track of the railroad, would have
any right to comipensattion for daimages-Querlc
'hlie corporation of the city, no doubt, has the power for the protection of its
citizens and their property, to regulate the mode of propelling the cars within its
limits-to say whether steam or horse power shall be employed, and to prescribe
the rate at which they' may move.
D. sias indicted in the Circuit Coul t of Hinds county, for a nuisance in obstructing the streets of the city of' Jackson; it was admnitted that he had been grading
and hauling dirt in the streets o'f Jackson, under the direction and authority of the
Jacklsoni and Brandon Railroad and Bridge Company, in preparing to lay the rails
of' the road; the detense set up w;as, that the act of 183t;, incorporating the company, gave them the right to run their railroad through the streets of' Jackson;
and the defendant being in their euploy. and doing only such grading and hauling
as wer e necessary to make the road. wAas not guilty, as charged in the indictment:
held, that the act ot'f 1823 (11. & H. 60) vested in the city of Jackson the title to
the streets waithin its limnits-and deprived the legislature of the power to dispose
of, except for public use, and then only upon just compensation-that the company
had no right to run their road through the streets of the city, without the consent
and contract of the corporation, or without the assessment and payment of damages according to law, and the defense set up, cannot, therefore, be sustained.
Error from the Circuit Court of Hinds County,
Hon. GEORGE COAITER, Judge.
This was an indictment preferred by the grand jury of Hinds county against
Patrick Donaher, for a nuisance-in dcigging and subverting large quantities of