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would have to pay but if it were erected by a private
individual for profit, the individual would not have to
pay-
in some of the cases which appear in the states
in which damage is permitted, you find things like the
holdings in Massachusetts, that the temporary
obstruction of the street is contpnable under such
terms.
NOW, I would like to inquire whether the people
who are sitting here trying to write a Constitution
believe that when the sovereign immunity of the state from
suit is abolished, the state »hould be sued by the people
living on the street every time the street is obstructed
for a public purpose even though that obstruction be
temporary
I believe that there has not been a single word
in this Constitution that is fraught with so much danger
as this single word. I think that we shall almost have to
j propose another amendment to the Constitution as it is
submitted to us if this proposal were to pass with the
word damages in it, and that amendment would be one that