Oliver Wendell Holmes, Jr.

“ After setting out various passages from the statutes and Constitution of Ohio, and concluding that the city has no constitutional power to take the property and franchises that the plaintiff is alleged to own, or any property for a water supply, it alleges that the city does not intend to institute any proceedings against the plaintiff, but intends to take its property and rights without compensation; that it is building a dam and has taken steps that will destroy the plaintiff's rights ”

“ It is established that such action is to be regarded as the action of the state. Raymond v. Chicago Union Traction Co. 207 U.S. 20, 52 L. ed. 78, 28 Sup. Ct. Rep. 7, 12 Ann. Cas. 757; Home Teleph. & Teleg. Co. ”