David Josiah Brewer

“ And while the company, by being deprived of its tangible property, is unable to perform its part of the contract, and therefore can make no demands upon the town for performance on its part, it still is true that the contract is not the thing which is sought to be condemned, and its impairment, if impairment there be, is a mere consequence of the appropriation of the tangible property. Second. A contract is property, and, like any other property, may be taken under condemnation proceedings for public use. ”

“ In other words, the prohibition against a law impairing the obligation of contracts stays the power of eminent domain in respect to property which otherwise could be taken by it. Such a decision would be far-reaching in its effects. There is probably no water company in the land which has not some subsisting contract with a municipality which it supplies, and within which its works are located ”

“ Our inquiry must be directed to the question whether any rights of the water-supply company secured by the constitution of the United States have been violated. The contention of plaintiff in error is that the proceedings had under the statute which resulted in the judgment of condemnation violate section 10, art. 1, of the constitution of the United States, which forbids any state to pass a law impairing the obligation of contracts, and were not 'due process of law,' as required by the fourteenth amendment. ”

“ They are always presumed, and must be presumed, to be known and recognized by all, are binding upon all, and need never, therefore, be carried into express stipulation, for this could add nothing to their force. Every contract is made in subordination to them, and must yield to their control, as conditions inherent and paramount, wherever a necessity for their execution shall occur. ”

“ It is, nevertheless, a public function which it is exercising, and the property is devoted to public uses. And so, wherever there is cost in continuing a public work, the state has a right to demand compensation for any individual use and personal benefit therefrom.
Neither can it be said that there was not 'due process of law' in these condemnation proceedings. It is not essential that the assessment of damages be made by a jury. Such award may be made by commissioners, at least where there is provision for a review of their proceedings in the courts. ”

“ The bridge company had a charter from the state of Vermont creating it a corporation, and investing it with the exclusive privilege of erecting a bridge over West river within four miles of its mouth, and with the right of taking tolls for passing the same. Under that authority it had erected its bridge, and was in the enjoyment of the franchise. During the life of the charter, and under authority of an act of the legislature, condemnation proceedings were taken for the purpose of condemning the bridge and extinguishing the charter ”

“ This power and this duty are to be exerted not only in the highest acts of sovereignty, and in the external relations of governments; they reach and comprehend likewise the interior polity and relations of social life, which should be regulated with reference to the advantage of the whole society. ”

“ New Orleans Gas Co. v. Louisiana Light & Heat Producing & Manuf'g Co., 115 U.S. 650, 673, 6 Sup. Ct. 252. Its condemnation is, of course, subject to the rule of just compensation, and that is all that is implied in the decisions such as Hall v. Wisconsin, 103 U.S. 5, cited by counsel. In that case it appeared that Hall had a contract with the state for services entered into in pursuance of a statute, that he performed the services, but that before finishing his work the legislature repealed the statute authorizing the contract. ”