Oliver Wendell Holmes, Jr.

“ We are in no way warranted in assuming that the sale of surplus power, if there is any, is the real object of the enterprise, or anything more than a possible incident, necessary to prevent waste, of the primary public use. ”

“ We are asked to go behind the finding that the taking was for a public use, on the ground that the charter authorizes the sale of surplus power, that the contemplated works will produce fifty thousand horse-power, and that this, according to the evidence, is much more than will be needed for the railway. ”

“ This taking, according to the findings before us, was with intent in good faith to carry on the public business authorized by the charter,-that is, to build and operate a street and interurban railway between points named. It is found further that it was necessary to generate electric power on Green river in order to operate the railway ”