(DOWNLOAD) "Divid D. Withers, Plaintiff in Error v. Ransom Buckley" by United States Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Divid D. Withers, Plaintiff in Error v. Ransom Buckley
- Author : United States Supreme Court
- Release Date : January 01, 1857
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Mr. Carlisle, after commenting upon the points presented by the counsel for the plaintiff in error, presented the following view of the case: The jurisdiction of this court is assumed upon the allegation, which the plaintiff in error is to maintain, that the statute of Mississippi is unconstitutional; because it purports to authorize the taking of private property for public use, without just compensation; and because it is repugnant to the 4th section of the act of 1st March, 1817, (3 Stat., 349.) But the bill does not show any case of taking private property for public use. The complaint is of an apprehended consequential injury, resulting from diverting the waters of the Homochitto. No land of the complainant lies on that river. It is a navigable river, lying wholly within the territorial limits of the State of Mississippi. As such, it is subject to the power exercised by this statute; and its waters are not the subject of private property in any sense of the words 'private property' in the Constitution, or in any sense which can interfere with the full exercise of the power in question, according to the discretion of the Legislature. If the plaintiff in error suffer loss through the lawful exercise of this public power, it is damnum absque injuria.
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