George Sutherland

“ The communities to be supplied are those within the drainage area of the waters authorized to be taken. These waters are under the primary control of the state and in allowing the city of Providence to appropriate them, it was entirely just and proper for the Legislature to safeguard the necessities of other communities who might be dependent thereon, and to that end to impose upon the city of Providence such reasonable conditions as might be necessary and appropriate. ”

“ The Legislature here, while investing the city with the authority to determine it, in each instance, has carefully circumscribed the power by limiting its exercise within a definitely restricted area. The city may take less than this area, but cannot take more. ”

“ The Legislature is not precluded from putting a burden upon one municipality because it may result in an incidental benefit to another. County of Mobile v. Kimball, supra, 102 U.S. at pages 703, 704, 26 L. Ed. 238. Moreover, we cannot assume that the fair wholesale rates to be paid by these outside communities will be less than just compensation for what they get.
The provision in respect of furnishing water to water companies within the area defined is not compulsory, but permissive, and leaves the city free to fix terms and conditions. ”

“ It is further asserted by plaintiffs in error, in their capacity as taxpayers, that the effect of allowing these and other consequential damages is to deprive them of their property without due process of law. ”

“ The right is extended to all millowners, who choose to avail themselves of it, to recover the cost of removal within the defined territory. Ordinarily, the cost of removing personal property from land taken is not a proper element of damage unless made so by express statute (2 Lewis on Eminent Domain [3d Ed.] § 728) , and it was not an unconstitutional exercise of power for the Legislature, in creating the right, to define its extent. Other provisions of the statute alleged to be discriminatory cannot be differentiated in principle from those just discussed. ”

“ In case any lands purchased or condemned are not required for waterworks purposes, but are held to protect and preserve the waters from pollution, the city is authorized to lease them under specified restrictions. ”

“ The basis of this complaint, in so far as it relates to other municipalities and districts is that they are giving the right to take water upon payment of fair wholesale rates therefor, and that these rates need bear no relation to the additional cost incident to the contingency of their coming in.
That the taxpayers of one municipality may not be taxed arbitrarily for the benefit of another may be assumed ”