The mirror. (Stillwater, Minn.) 1894-1925, 1903-04-23
Che Law Of eminent Domain.

honestly applied, is the very foundation
of governmental existence. On the
other hand, we see that it offers many
golden opportunities for robbery and
oppression. 1t was through the unjust
and arbitrary application of this power
that George III. brought about our
war for independence. 1t was the
abuse of this right that precipitated
the awful French revolution of 1889.
But there are many other ways in
which the right of eminent domain
may be asserted. The building of rail-
roads is one, and is, believe, next in
Importance. In the early development
of our country the railroad played a
most important part. Believing that
it was to the best interests of the pub
lie, these enterprises were granted the
right of eminent domain. That is, they
enjoyed the right to obtain possession
of any property necessary for the fur
therance OF their business. If they
were unable to obtain possession by
private purchase, they could institute
condemnatory proceedings, have the
property appraised, and make settle
ment according to the findings of the
board of appraisers. In all cases the
owner had the right of appeal from the
decision of the board. In later years
this method is seldom resorted to, altho
all railroad franchises carry the right.
The method now almost universally
pursued, is to have an agent of the
company follow the surveying crew,
after the route has been established,
and purchase options on the land nec-
essary for the right of way. Of course
that community does not exist that has
not its obstructionist, and it is only as
safeguard against such characters
that the right is provided. When we
note how eager small towns are to
secure railroad connection with the
outside world, or to add to that which
they already have; and see the readi-
ness with which they vote bonds in
order to purchase the necessary right
of way, it is easy to understand how
troublesome a fossilized malcontent
may become. How easily he could
block the wheels that mean so much
for progress and commercial prestige,
or turn them aside altogether, were it
not for the right of eminent domain.
The average farmer stands ready to
vote bonds, again exercising the right
of eminent domain, in order to secure
line of railroad that will locate a
town near him, thus giving him a
market more easy of access. If he has
had to haul all the grain produced on
his quarter or half section farm dis
tance of ten to twenty miles, and can
shorten the distance to One-half or less.
he diminishes his labors that much. If
by voting bonds, he places his farm so
near a railroad station that he can
market four loads of grain with the
same amount of labor that it formerly
cost him to market one, he not only
saves the difference in the cost of labor,
but he adds from S. to $40 per acre to
the value of his farm. 1t also allows
him to take advantage of the market,
thus obtaining far better prices for his
produce than formerly.
1t would be folly to suppose that un-
der this right injustice is never done.
Humanity in general is too apt to ig-
more the Golden Rule and think only of
their own interests in the case. The
millennium is not yet. "Man's inhuman.
ity to man, makes countless thousands
mourn" maintain, however, that the
right is necessary one, and 1T is only
through its workings that we have, as
a nation, had such a phenomenal
growth, and through it we have become
the greatest and most progressive peo-
pie on the face of the earth. 1t is not
the law that works injustice, but the
manner in which it is sometimes ap-
piled.
Almost all franchises carry with them
the right of eminent domain, and it is
here that the right is most often abused.
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