by John Marshall Harlan

“ In that view, we are of opinion that the United States, having by its agents, proceeding under the authority of an act of congress, taken the property of the claimant for public use, are under an obligation, imposed by the constitution, to make compensation. The law will imply a promise to make the required compensation, where property, to which the government asserts no title, is taken, pursuant to an act of congress, as private property to be applied for public uses. ”

“ If the claimant makes no objection to the particular mode in which the property has been taken, but substantially waives it, by asserting, as is done in the petition in this case, that the government took the property for the public uses designated, we do not perceive that the court is under any duty to make the objection in order to relieve the United States from the obligation to make just compensation. ”

“ The articles of agreement of November 20, 1862, between the secretary of the interior and the Great Falls Manufacturing Company made ample provision for the protection of the public interests; for the right was reserved to the party dissatisfied to proceed by suit in equity in the proper court of this district for the purpose of having the award set aside or changed, and of obtaining such a decree, subject to review by this court, as was just and equitable. ”