§ 243. It shall be the duty of said commissioners to view the land and material, and to award to the owner or owners the value of the land or material taken, which shall be stated separately; and they shall also award the damages, if any, resulting to the adjacent lands of the owner, considering the purposesfor which it is taken; but shall deduct from such incidental damages the value, if any, of the advantages and benefits that will accrue to such adjacent lands from the construction and prudent operation of the railroad proposed to be constructed. They shall return a report in writing to the office of the clerk of said court, stating their award, and shall describe, in their report, the land and material condemned, give the names of the owners, and whether non-residents of the State, infants, of unsound mind, or married women.

§ 244. Upon the application of said company, and upon filing such affidavits as may be necessary, the clerk of said court shall issue process against the owners to show cause why the said report should not be confirmed, and shall make such orders as to non-residents and persons under disability as are required by the Civil Code of Practice in actions against them in the circuit court.

§ 245. At the first regular term of the county court, after the owners shall have been summoned the length of time prescribed by the Civil Code of Practice before an answer is required, it shall be the duty of the court to examine said report, and if it shall appear to be in conformity to this law, and to the extent that no exceptions have been filed thereto by either party, it shall confirm said report as against the owners not excepting.

§ 246. When exceptions shall be filed by either party, the court shall forthwith cause a jury to be empaneled to try the issues of fact made by the exceptions, and each juror shall be allowed one dollar per day for his services, to be taxed as cost. In assessing the damages the jury shall be governed by the rule prescribed in section 242 of this law; and upon the request of either party, may be sent by the court, in charge of the sheriff, to view the land or material. If sufficient cause be not shown for setting aside the verdict, the court shall render judgment in conformity thereto, and shall make such orders as may be proper for the conveyance of the title upon the payment of the dam

ages assessed.

Either party may appeal to the circuit court, by executing bond as required in other cases, within thirty days, and the appeal shall be tried de novo, upon the confirmation of the report of the Commissioners by the county court, or the assessment of damages by said court, as herein provided, and the payment to the owners of the amount due, as shown by the report of the Commissioners when confirmed, or as shown by the judgment of the county court. When the damages are assessed by said court, and all cost adjudged to the owner, the railroad company shall be entitled to take possession of said land and material, and to use and control the same for the purpose for which it was condemned, as fully as if the title had been conveyed to it. But when an appeal shall be taken from the judgment of the county court by the company, it shall not be entitled to take possession of the land or material condemned until it shall have paid into court the damages assessed and all costs. All money paid into court under the provisions of this law shall be received by the clerk of the court, and held subject to the order of the court, for which he and his sureties on his official bond shall be responsible to the persons entitled thereto.

§ 247. The appeal from the county court shall be taken by filing with the clerk of the court to which the appeal lies a statement of the parties to the appeal, and a transcript of the orders of the county court, and thereupon the said clerk shall certify to the clerk of the county court that said appeal has been filed and the clerk of the county court shall immediately transfer the original papers to the clerk of the court to which the appeal is pending; and if the owner on his appeal shall fail in the circuit court to increase the amount of damages awarded in the county court, he shall pay all the costs of the appeal; if the damages are increased in the circuit court, the other party shall pay all the costs of the appeal. The same rule as to payment of costs shall apply when the appeal is prosecuted by the party seeking to condemn land.

SEPARATE COACH LAW.

CHAPTER 40.

AN ACT to regulate the travel or transportation of the white and colored passengers on the railroads of this State.

Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. Any railroad company or corporation, person or persons, running or otherwise operating railroad cars or coaches by steam or otherwise, on any railroad line or track within this State, and all railroad companies, person or persons, doing business in this State, whether upon lines of railroad owned in part or whole, or leased by them; and all railroad companies, person or persons, operating railroad lines that may hereafter be built under existing charters or charters that may hereafter be granted in this State; and all foreign corporations, companies, person or persons organized under charters granted or that may be hereafter granted, by any other State; who may be now, or may hereafter be, engaged in running or operating any of the railroads of this State, either in part or whole, either in their own name or that of others, are hereby required to furnish separate coaches or cars for the travel or transportation of the white and colored passengers on their respective lines of railroad. Each compartment of a coach divided by a good and substantial wooden partition, with a door therein, shall be deemed a separate coach, within the meaning of this act, and each separate coach or compartment shall bear in some conspicuous place appropriate words, in plain letters, indicating the race for which it is set apart.

§ 2. That the railroad companies, person or persons, shall make no difference or discrimination in the quality, convenience or accommodations in the cars or coaches or partitions set apart for white and colored passengers.

§ 3. That any railroad company or companies that shall fail, refuse or neglect to comply with the provisions of sections 1 and 2 of this act, shall be deemed guilty of a misdemeanor, and, upon indictment and conviction thereof, shall be fined not less

than five hundred nor more than fifteen hundred dollars for each offense.

§ 4. That all circuit courts in which railroads are operated in this State shall have complete jurisdiction over such offenses.

§ 5. The conductors or managers on all railroads shall have power, and are hereby required, to assign to each white or colored passenger his or her respective car or coach or compartment; and should any passenger refuse to occupy the car, coach or compartment to which he or she may be assigned by the conductor or manager, said conductor or manager shall have the right to refuse to carry such prssenger on his train, and may put such passenger off of the train; and for such refusal and putting off the train neither the manager, conductor nor railroad company shall be liable for damages in any court.

§ 6. That any conductor or manager of any railroad, who shall fail or refuse to carry out the provisions of section 5 of this act, shall, upon conviction, be fined not less than fifty nor more than one hundred dollars for each offense.

§ 7. The provisions of this act shall not apply to employes of railroads, or persons employed as nurses, or officers in charge of prisoners.

Approved May 24, 1892.

SYNOPSIS

OF THE

EIGHTH ANNUAL REPORT

OF THE

INTER-STATE COMMERCE COMMISSION.

The Inter-State Commerce Commission transmitted its eighth annual report to Congress to-day.

The first subject treated is

COURT DECISIONS.

The United States Supreme Court held, in the case of the Commission against Brimson and others, that Congress may employ any appropriate means, not forbidden by the Constitution, to carry into effect and accomplish the objects of a power granted to it by the Constitution, and that the judiciary can only inquire whether the means devised by Congress are forbidden by the Constitution; that Congress has plenary power, subject only to the limitations imposed by the fundamental law, to prescribe the rules by which commerce among the States is to be regulated; that the provision of the twelfth section of the act to regulate commerce, requiring the courts to use their process in aid of inquiries before this Commission, is constitutional and valid, and that a proceeding to compel the attendance and testimony of witnesses before the Commission or tocompel the production of books, documents or papers, is a case of which, under the Constitution, a Federal court may take