The Portland daily press., 1900-12-08
ELECTRIC WIRES AND THE LAW
To tha Editor of the Press


In view of the discussion now going ON
as to the rights and obligations OF cor
porations which have already strung
their wires hither and yon over our city,
through it's streets, upon and into DWELL
ings, stores and factories, and whereso-
ever patrons request, all or which 10 In
accordance with our civilization and use
tul and benefcent to an extraordinary de-
gree, and which no up to date citizen
wishes to hinder, much less prohibit. but
who may desire to regulate and harmon
ize with other rights and interests equal
ly importanti few words as to the
law may not be amiss IN order that our
citizens may know their rights, whether
they dare or choose maintain them or
not.
One Of the pow ers of government is the
right OF eminent domain which may be
defined "the right OF the State to take
private property for public use on pay
ment of compensation The constitu-
ton or Maine provides that "private
property shall not be taken for public uses
without just compensation nor unless
public exigencies require It,"
The legislature cannot confer by charter
or otherwise power upon a corporation to
take, or injure even, the private property
of any citizen without just compensation,
nor can 1t confer the .power upon a city
government by ordinance, to make reg
ations may do, If under those regulations
p..ff ha ri
citizens property is injured without
making him just compensation, even II
public exigencies do require that action.
Formerly In a few of the states OF the
union the courts held (where their con-
situations were similar to our constitu-
ton. that the taking Of property was
limited to its actual appropriation, and
did not go SO far as to allow damages for
injuries meraly. But thai doctrine has
been completely oyerruled by modern de-
oisions, and rightly, as any citizen Will
see who will reflect in how many ways
his real estate may be injured by corpora
ton works, although not an inch OF his
land be taken.
As Judge Kent said in 90 Maine 900,
"But are there not other evils, other de.
precinting effects from constant and Inn
minent danger of fire, causing not merely
mental anxiety, but constant watching
and loss OF time? There may be cases
Wneu properly WnlCu USAUEc CouAu pc
leased for . large rent to responsible ten
ants, would be left unoocupied by such
tenants II daily and nightly in danger OF
being set on tire by locomotive engineh'
and the same effect would follow II
offered for sale. In such cases the mere
liaiabiIity to pay actual physical damag-
90 TO property would not be Just CON-
pensation.n
That damage DO land lie taking OF
private property within the meaning Of
our constitution was decided by the Su-
preme Court OF the United States In
Pumpsliey's case IL, Wallace 1865. In our
neighboring state OF New hampshire.
where Its constitution was silent on the
subject Of compensation, the court de-
oi1ed that at common law compensation
must be paid This was in Eaton's case,
81 N. H., 504, and the opinion was drawn
by Judge smith in which an exhaustive
review OF the law 10 given, and 10 justly
regarded ~ q leading case. That damage
to real estate IL as taking within the
meaning OF cur constitution, IL . COM
mon sense view, % any Intelligent person
can sss. westher lawyer or lay man.
Coke said In his day, in an English
desision more than $50 years ago, what
Is land bat the profits thereofr' and