Oliver Wendell Holmes, Jr.

“ In the opinion of the legislature and the supreme court of Utah the public welfare of that state demands that a rial lines between the mines upon its mountain sides and the railways in the valleys below should not be made impossible by the refusal of a private owner to sell the right to cross his land. The Constitution of the United States does not require us to say that they are wrong. ”

“ While emphasizing the great caution necessary to be shown, it proved that there might be exceptional times and places in which the very foundations of public welfare could not be laid without requiring concessions from individuals to each other upon due compensation, which, under other circumstances, would be left wholly to voluntary consent. ”

“ This is a proceeding begun by the defendant in error, a mining corporation, to condemn a right of way for an a erial bucket line across a placer mining claim of the plaintiffs in error. The mining corporation owns mines high up in Bingham canyon, in West mountain mining district, Salt Lake county, Utah, and is using the line or way to carry ores, etc., for itself and others from the mines, in suspended buckets, down to the railway station, 2 miles distant, and 1,200 feet below. ”