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states of Pennsylvania, West Virginia — West Virginia
adopted this particul'ar clause in 1872, Illinois in 1870—
1874, I believe it was Virginia picked it up.
In any event, these states have functioned
well and they function properly. I respectfully submit
this is not pandora's box. There is a very narrow con-
struction due here by necessity. But we must be aware
of what we are doing to our taxpayers. We are getting
to the situation where these people owning property are
taxpayers. It seems to me we are worrying about whose
dx is getting gored. If it is yours, it is one thing. If
it is someone else's, then it is different.
We are trying to make a meaningful document and
we have to be aware of this situation. We are not dealing
with the situation they dealt with 100 years ago when the
original provision not mentioning damages came up.
Our courts are conservative, our courts and
legislature is conservative. A body of law will evolve.
By necessity this body of law will evolve. Is it not
better to have a body of law evolve which is careful and
which is conservative and will give justice to these