The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1899-02-01
VALUE or FRANCHISE.
This Must Be Considered
When The County Court
Buys The Bridge

Decisions Of ne tnasd ..-- Has set
He'd mi . the Sa>i =! Ii i nanzas
Seia HsigatssH ..,Hp lay- Fail
gniyai-Ht Ha-s i;is.ss Hsen
Hh~n pulliie see.s>iss spiss.sis the
tas'iisc.i;., Of tse fs.i trs.r
sai>s ). te~t. . Right "a gil
:ss s'r..prri, I..!-sHg iag 10 the Old
t'ras-y u - h What hey ask for
Rniss Franchise sn4i iB.- slih-r Prop
= Boa Z ii. i ans pasiag Fo'
Two Whsn nse Till ,a~ser The
,eesi- ef ihs PaLiie.
Ne invite tile attention of / e
TOMMY ont an.i uf the public 10
s"sht- is.fai qaesfisus In connection
VITA tn. proposition to buy or build
a eeidge arnss tne river at this
place, The case most nearly Oh all
fouls With the Facts existing or like
" tn arise in connection with the
proposed building of new bridge
is the case of the United States
against the Nonongahela Naviga-
tion Company, decided by the Su-
premc Court Of the United States,
March 81, 1898. The Navigation
Company held charter granted by
the State Of Pennsylvania, under
which it expended large sums OF
money in building seven locks and
dams, and by its charter was auth
orized to collect tolls on business
transacted through its locks. On
the 18th of August, 1898, Congress
enacted (Sec 25 Statutes at Large,
page All J among other things. that
the Secretary of War, if unable to
purchase or agree upon the price for
purchasing lock and dam No. Z,
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, bnt it
was provided in the Act ''that in es-
timating the sum TO be paid by the
United States the franchise shall
not be considered or estimated
Proceedings we're instituted, and the
value ascertained and decree en-
tered for 100000, as the value of
lock and dam No. 7 and its 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:
1.-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.
4-In the absence Of congressional
action, the state of Pennsylvania
had the power, either itself Oh
through 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. Z in the Monongahela riv-
err; and with the ownership of such
tangible property it has vested
franchise to receive tolls Tor its
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 its grant of power
to regulate commerce, to condemn
and appropriate lock and dam No.
on the Monongahela river belong
ing to the Monongahcla Navigation
Company, is ~ubject to the limita
tions imposed by the 9Th Amend
ment, that priv te property shall
not be taken for public uses witho t
just compensation such just com
pensation requires payment for the
franchise to take tolls, as well as for
the value of the tangible property
and the assertion by Congress of its
purpose to take the property does
not destroy the state franchise.
Z. Congress has supreme control
over the regulation of commerce, but
if in exercising that supreme con
troll, it deems it necessary to take
private property, then it must pro-
coed subject to the limitations i'm
posed by this 9Th Amendment, and
can take only on payment of just
compensation.
Subsequently Congress passed an
other Act by which the Secretary of
War was authorized to purchase
the whole Of the works OF
the Navigation Company, or if he
could not agree upon the price, then
to institute condemnation proceed
iugs to ascertain the just compensa
ton for the property inclnding the
value of the franchise to collect tolls.
and proceedings we're instituted, a
long and expensive hearing had and
the commissioners awarded and the
court confirmed the award of over
3,670. 600, which amount was paid
by the Government and The naviga-
ton OF the river made free. 1t will
be seen that placing the valuation
OF the locks and dams at the amount
fixed by the first award of 100000
for each of the seven locks and dams
that the total would be 81, 463, 900
not including the franchise to take
the tolls, and that over $2,207, 900
was allowed to the corporation as
the value of the franchise to take
tolls, or in other words, that the
franchise was valued at more than
the visible or tangible property.
Measured by this standard the