The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-07-06

deals with a commodity necessarily and
absolutely needed by the public. True.
the commodity In each instance, when re-
duced 10 possession. is commodity De-
longing 10 the owner and may De Inc
subject of both lntrastatc and inter-
s,ate commerce. Ii is not commended that
the state has the power La forbid the SAFE
OF such commodity 10 persons out OF
the state nor the transportation thcreot
to points outside the state; on the con
trary, 1t is at once conceded that inc
state does not have such power.
Rights Of the People.
(2) In each instance the ono engaged
I'm tho business has the right TO condemn
the business; this. OF course upon inc
grounds that the prolcrt! 80 condemned
Will be devoted to public use. In tar-
nceie Natural Gas GO. Y. SwiCer. g. w.
Va. SOL. the court said:
We observe that the Legislature.
by general law, has conferred upon
pipe line companies. organized for
transporting oil and natural gas the
right of eminent domain, and has
thereby necessarily imposed upon
them. rs public service corporations,
the right and duty of performing a
public service. That right and duty
is fixed AZ firmly as IL written into
the statute. llpc mo
companies .nrganiz"d for transport
ing gas must serve the people with
gas, under reasonable and proper
Regulations. along tho entire limo
traversed, and for reasonable rates
fixed by themselves. or by Statutee.
or BY contracts or ordinances or
r mgmas'P of she people are thus pro
tected in nearly every chse where
the public is served by public service
cornurationS furnishing water. gas,
electricity, or transporiatio
ca THE public use for which
property may be taken is a public
use within the state from which the
power is derived. 1t seems TO he an
power. inhcres in state for domes-
tic use only. 10 he exercised for tho
benefit nf its own people. and can
not be extended merely to promntee
the public use Of foreign state.
Lewis Eminent Domain.
Eminent Domain Defined.
In Grover Irrigation CO. V. Lorella
Ditch %. 81 Wyo. 2o4. IS Am. & Eng:
Annotated Cases. 1907. This phase of
eminent domain Is reviewed and annota-
,rd. The following excerpts are quoted
from the opinion of the court:
"EminC domain is generally de-
fined rs the right ar power OF SOY
crcign stale tn appropriate rrivatcc
property To particular use TOR thG
purpose Of promoting the general
welfare IT embraces all eases
where. by authority Of tn" state and
for ,hr public good. the property Of
tho individual Is taken. Wlthnht Ms
CONSENT. for the purpoS" ri being de-
voted tn some particular use. either
bv In. state itself or Ivy 4 corpora
ton. pullic or private. or 10y rri-
vat, citizen. Il Lows on I'm.
rnulnin 2rtl Ed. Soc, - In this re-
sDr,r ,h. several states arc DIS
tinrr aud indnpcndnt of cnCh other
rcs,m,,tvirly possessing and "N"rciS-
ing ;h" power for their own purposes
or their own public welfare The
eminent domain in any sovereignty
exists only for ITS own PURPOSES
Iprnul,. V Humphrey. 20 Mich. al.
4G6, = Am. lirp. - II means n6ih-
ing more nr less than all inherent
political right. founded IN II cont
mon necessity and Interest. Of arprn-
urinting the property nj individual
members nj the community Ia the
great n,.ccS:.itir$ OF tho whole COM
munity. (Hlo"dg"nd \. Mohawk.
ctr. H. to. Is Wcmd. ~. W =. 81
If tho right "f eniinrn; domain
seems 10 br. that II is Il right ho-
longing /" "A sovereignty Ia taxi" Iri-
vair property for It's own public
us,.s. and not i"r. th"s" 81 another.
Rrynnd that. there exists no neceH-
SHY: which alone Is tho foundation "r
;hr right. toni y. t. =. 81 L. :. SCI.
"3 l. $. a.. cd +4?.l
III lhr particular improvement nr
nos Will be nj sufficient benefit 30
the people of tn" state To auIhnrizt
MI exercise uf power. II viii NOT hr
prevented by the fNrt that The people
nf another state will also h" brn"-
iitcd. tCiilmer V. Lime Paint. Is cal.
2o!: Washington Water Power -" Y.
Waters. ~ idaho SI5. lis Fac. Csc:
columbus Water Works co. Y. Long.
l"l Ala. ga. % So. 10@D
And IA the Idaho raSt il wHS said
hut where tn" use for which CON
d-nnation is sought is a publ" us"
in this state. and will s"rv" tho
ritiZrnS Of tins their demands,
necessities and induSlricS--that tn"
fact thar II may in'Id"nthIi% also ,
benefit the citizens and Industries
OF ucigIIinriug state will not de-
feat the right OF condemnation.
Powers Of State.
In Lewis on Eminent Domain. II ia
said: The public uS" for which
property may lac taken is public
use within tho State from which the
power is derived (Scc. 3loJ The