Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-04-15

remains in the government, or in the
aggregate body Of the people III theii
sovereign capacity, and they have the
right to re-assume the possession OF the
urcDertv in the manner directed by the
constitution and laws Of the state
whenever the public interest requires
il. This right Of resumption may be
exercised. not only where the safety
but also where the interest or exped-
iency of the state is concerned
The particular. property needed for
public use may be pointed out by the
Legislature, and the courts cannot re-
view its determination in this respect
Mills on Eminent Domain, Par. II. In
Re-Union Ferry Co., 9S n. Y, 139.
In the case at bar the Legislature. for
reasons sufficient to itself. has deter
mined that the supply of water to the
people and territories and municiDali-
ties named in the charter of the Ken
nebec Water District, can be furnished
by that corporation, a corporation
whose purposes are purely public, more
in The interests Of public welfare. than
can be done by the Maine Water Com
pany private corporation with public
duties, but operated for private gain.
we DO not feel authorized to inauire III
to Of review this determination Of tha
Legislature.
Again, it is beyond question that the
property ard plant of a water comDany
owned ana operated by private cor
poration, and engaged, by virtue of it's
charter, in furnishing water to the peo-
pie of municipality, may be con-
demned and taken for public use bv
such municipality, just, compensation
being given, to which power to so con-
denim and take has been granted bv the
legislature. In re Brooklyn. 143 n. Y.
500; Long Island Water Supply Co. Y.
Brooklyn, 16G U. S. 6S5.
The Kennebec Water District is Il
quasi municipal corporation by the
first section Of its charter it is created
not only q body corporate. but also i
body polite Its purposes are purely
public. ! is invested with the power
ana charged with the duty Of furnish
ing the territory ana the people within
its limits supply Of water. Its pur-
poses and its duties in this respect. are
rs extensive as could be conferred by
the legislature upon municipality. 1t
* an agency, so far as supplying water
is concerned, III municipal govern
ment. We are of opinion that the
Kennebec Water District has, under
The grants contained in its charter the
right to take the water system of the
Maine Water Company, as would
municipality under a like grant.
Second: 1t is cOntended in behalf Of
the Maine Water Company that the
net Of the Legislature in Incorporating
the Kennabec Water District is uncon-
stitutiunal and void inasmuch as ii
does not provide for a trial by jury in
determining q just compensation for
its property 10 be taken under the pro
visions of the act
Section q, Article 1 of the Constitu-
ton of this State provides that.
Private property shall not be taken
for public uses without just compensa-
ton; nor unless the public eXigencies
require it." By this clause of the con-
stitutiOn no condition is placed upon
the sovereign power of the State in
the taking of private property for pub
lie uses under it's inherent power of
eminent domain, eXcept that of giving
inst compensation for private property
so taken. No tribunal or method is