Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1899-01-28
VALUE OF FRANCHISE.
This Must Be Considered
When The County Court
Buys The Bridge.

Decisions of the United states Has Set
tied this in the Case of the Mononga-
hela Navigation C0mpany-FulI
Equivalent Must be Given Even
When Public Necessity Demands the
Conflscation Of the Property Fran
chise is Vested Right-The Tangi-
BILE Property Belonging to the Old
Company Worth What fhey ask for
Both Franchise and the Other Prop
erty-New Bridge Means Paying For
Two When one Will Answer The
Needs of the Public.
We invite the attention of the
County Court and of the public to
some legal questions in connection
with the proposition to buy or build
bridge across the river at this
place. The case most nearly on all
tours with the facts existing or like
ly to arise in connection with the
proposed building of a new bridge
is the case of the United States
against the Monongahela Naviga-
ton Company, decided by the SUI
preme Court Of the United States,
March 81, 1898 The Navigation
Company held a charter granted by
the State of Pennsylvania, under
which it expended large sums of
money in building seven locks and
dams, and by It's charter was auth
orized to collect tolls on business
transacted through its locks. On
the 18th Of August, 1898, Congress
enacted (Sec % Statutes at Large,
page All among other things. that
the Secretary of War, if unable to
purchase or agree upon the price for
purchasing lock and dam No. 7,
should institute condemnation pro-
ceedings and carry them to conclu-
sion to ascertain what would be a
Just compensation for that lock and
dam, which the Government pro-
posed to take, and thereafter from
time to time to purchase the rest Of
the locks and dams belonging to the
Company with view of making the
navigation of the River free, but it
was provided in the Act 'sthat in es-
timating the sum TO be paid by the
United States the franchise shall
not be considered or estimated"
Proceedings were instituted, and the
value ascertained and decree en-
tered for 100000, as the value of
lock and dam No. 7 and it's appurte-
nances, but excluding any compen-
sation for the franchise of the Com
pany to collect tolls. An appeal
was taken to the Supreme Court,
of the United States and the Court,
through Justice Brewer, delivered an
opinion fully considering every prop
osition involved in the case and held
that the act was unconstitutional
and void. The material points de-
cided by the Court are as follows:
The compensation for. private
property taken for public use must.
under the 9Th Amendment of the
Constitution, be full and perfect
equivalent for the property taken
2--The Legislature may determine
what private property is needed for
public purposes, but when the tax
ing has been ordered, then the ques-
ton of compensation is judicial.
3-The court is not concluded by
the declaration in the Act of Con-
gress directing the taking for pub
lie use of the lock and dam No. 7, of
the Monongahela Navigation Com
pany, that the franchise of said com
pany to collect tolls shall not be
considered in estimating the sum to
be paid for the property.
In the absence of congressional
action, the state of Pennsylvania
had the power, either itself or
through a corporation which it char
tered, to improve the navigation of
the Monongahela river by means of
locks and dams, and also to author
ize the exaction of tolls for the use
of such improvements.
5. The Monongahela Navigation
Company rightfully placed lock and
dam No.7 in the Monongahela riv-
er; and with the ownership of such
tangible property it has vested
franchise to receive tolls for it's
use; and such franchise is as much
a vested right of property as the
ownership of the tangible property.
6. The right of the national gov
eminent, under it's grant of power
to regulate commerce, to condemn