The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-06-26

Ign. into which Long Island city had
been previously merged, to condemn the
works and unexpired franchise and con-
tract me water company took the pro-
ceedings to condemn to the supreme court
of the United States, and presented these
The decision there was that the con-
demnation of a water supply system is
within the unquestioned limits of the
power of eminent domain. that power TO
take waterwOrkS system by eminent
domain for the use of a city under stat
utory authority is not taken away by
a contract for the supply of water by the
private company owning the works dur
ing a term of years with a provision re-
curing the payment of hydrant rentals
by the municipality; that a contract is
property, and like any other property may
be taken under condemnation proceed
ings for public use; that the power Of a
state to condemn waterworks system
does not depend upon making the supply
of water absolutely free to all individuals
WIG uesEe 70 use II; thal q sldsute pro
viding for the condemnation of water
works is not unconstitutional because it
fails to declare In terms that the city
shall continue the same use or appropri-
ate the property to some other equally
public purpose; that due process of law
in condemnation proceedings does not re-
quire that the assessment of damages
shall be made by q, jury: that there is
no denial of due process Of law in MAX
ing the findings Of the triers of fact,
whether commissioners or jury, in cor
demnatiOn proceedings, final as to such
simply the inquiry to whether there
was any. erroneous basis adopted in their
ings.
Long Island Water Supply company vs..
Brooklyn. 166 L. S. SIS.
1t seems to me that this law and this
decision point out a clear way for the
city to meet the wishes OF the people
and avoid all the objections raised against
immediate action or too long delay.
If the desire of this club is not only
to prevent the useless expenditure OF
money in the construction of a, new plant.
but to aid the council in the solution OF
the question as to how to obtain the
present plant as speedily as possible, they
will consider this proposition fully If
the club stops with simple objections and
knocks against the presently contem-
plated action of the construction OF a new
plant, without investigation or advice
looking to a correct solution of the prob
lem, it will lend itself to the water COM
pany and detract from its character as
/ an unbiased, public spirited organiza ton
The present value of one, two or three
years unearned hydrant rentals cannot
| greatly increase the cost of the water
works, but however much 1t does increase
| it, it is property which belongs to the
water company and its creditors, and We
| ought to be too proud OF our honor and
| integrity to attempt to conhscate 1t or
An agreement in which the mortgage
! bondholders do not participate cannot
bind them, and We have seen that they
| are inaccessible to any such agreement
| A compulsory condemnation will there
| fore eventually be necessary If delayed
! too long. opportunity IS given them 10
claim a renewal of the franchise and con-
| tract for another term. If such action
| IS taken now all objections are avoided
because if any portion of the first term IS
| unexpired at the time of the appraisal
| by the commissioners we pay them for It.
The city may be compelled to get rid
| of the apparent possession Of the prop
| erty by a receiver appointed by the Unit
| ed States court, though the fact that the
| title has already vested in a purchaser at
| judicial sale under the proceedings in that
| court may make the property subject TO
be condemned by a state court at this
time. The retention of the receiver in
possession uselessly seems to be part OF
a plan to avoid such condemnation
If the necessary defendants in pro-
ceeding to condemn have the requisite
citizenship, they may remove the pro-
| ceedings to the United States court. but
the law would be inforced there If re-
moved with equal justice and innpartiaiity.
| The people want the city to own its
waterworks; they want the present plant
which they can enlarge where necessary
rather than a new plant; they want the
waterworl1s now, and not three years
hence. They want the present company
and its creditors dealt Justly with, not
giving them anything they are not en-
titled to, but not robbing them of an iota
of what they are. Following the method
pointed out in this communication tbs
! city council and the Commercial club vii
meet the wishes of the people with honOl
and integrity toward the water company
Yours respectfully,
EDWIN A. AUSTIN.