118 Tenn. 88 | Tenn. | 1906
delivered the opinion of the Court.
This is a proceeding by the Long Distance Telephone & Telegraph Company to condemn a right of way over the Franklin turnpike from Nashville, to Franklin, Tennessee. The petition was filed in the second circuit court of Davidson county. About one mile of the turnpike over which the right of way is sought lies in Davidson county, and the other nine miles lie in Williamson county. These proceedings were instituted under chapter 185, p. 245, of the Acts of 1885. There was a demurrer to the petition, setting up, among other things, that
A jury was asked to try this issue. This was refused, and a writ was awarded to summon a jury of inquest to’ set apart the right of way and assess the damages. The jury made its report, and assessed the damages at one hundred dollars; and there was an appeal on the part of the petitioner to the circuit court. Thereupon defendant turnpike company applied for writs of cer-tiorari, which were granted, and the case is before this court in obedience to said writ.
The first assignment of error which we shall consider is that the court erred in overruling the demurrer, which set up want of jurisdiction in the circuit court of Davidson county to condemn land in Williamson county. Code 1858, secs. 1325-1348, prescribes the mode of proceeding to condemn lands for public improvements. Sec
It is said that this act is unconstitutional, because the body of the act contains provisions which are not embraced in the caption, nor referred to in the caption in any way. The caption of the act is in the following words: “An act to amend sections 1325 to 1348, inclusive, Code of 1858, being sections 1549-1572, inclusive, Milliken & Vertrees’ Code, so as to extend the operation of said sections to the condemnation and taking of the property, privileges, rights or easements of private corporations, for public purposes, or internal improvements.”
The first section of the act is in these words: “Section 1. Be it enacted by the general assembly of the State of Tennessee, that the' operation of sections 1325 to 1348, inclusive, of the Code of 1858, being sections 1549 to 1572, inclusive, of Milliken & Vertrees’ Code, be
We are of opinion that that portion of the act which provides that the circuit court in which the petition is filed shall have jurisdiction to condemn property of private corporations in all the counties composing the circuit in which said court may be held in one proceed
We are of opinion, therefore, and so declare, that all of the act which precedes the proviso is constitutional,