“ Answers were filed, proof taken, and, the cause having been duly heard by the court without a jury, a decree was entered granting the relief prayed under carefully specified conditions, among them being a perpetual bond to protect against future injuries. ”

“ Counsel for plaintiffs in error asserts here that, 'after all, the whole question is, was there a taking of the property of the canal owners;' and, answering this in the affirmative, he maintains that the judgment below deprives them thereof without due process of law. ”