State v. Jones
Supreme Court of North Carolina
INdxotmeNt for forcible trespass against Jesse Jones and others, beard by Judge W. B. Qouncill and a jury, at the July Term, 1905, of the Superior Court of Gbanville County. Upon a special verdict, setting out the facts, His Honor adjudged the defendants not guilty and the State appealed.
1DissentCoNNOR, J.
I should be content to note my dissent from the conclusion reached in this case, but for the fact that I am deeply impressed with the conviction that the opinion, of course unconsciously, weakens the security of private property, and invites laxity, both of sentiment and conduct on the part of those to whom the' Legislature is constantly committing the exercise of the highest act of sovereignty. “Laws which authorize the taking of private property for public use should be strictly construed and closely scrutinized. Nothing justifies such an invasion of private right but an imperative public…
2Cases cited15 opinions
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