The Stockton Visalia Railroad Co Petitioner Vs the Common Council of the C

Cover The Stockton Visalia Railroad Co Petitioner Vs the Common Council of the C
The Stockton Visalia Railroad Co Petitioner Vs the Common Council of the C
S W Silas W Sanderson
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It is doubt* less true, that the leading motive of the defendant in erect- ing the bridge was private profit. And so almost all other enterprises, many of which have resulted' in great public improvements, have originated in motives of private gain* It is also true, that others, as well as the proprietors, may have occasion to go upon the island. To such, the bridge is an accommodation. Whether so man}'' are thus accom- modated that it may be said to be of common convenience, is a question whic...h it was the province of the Legislature to de- termine, and which may be presumed to have been correctly determined. We can therefore see no valid objection to the constitutionality of this grant. " In Spring vs. Russell (7 Maine, 229), the ques- tion was whether an Act of the Legislature cre- ating a corporation, and authorizing it to turn the 4G course of a public n ivigable stream, and to take private property for that purpose, was constitu- tional. The Constitution of the State contained this clause: u Whenever the public exigencies re- quire that the property of any individual shall be appropriated to public use, he shall receive a rea- sonable compensation therefor.

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