City of Mitchell v. Western Public Service Co.

This arises upon the original application of the city of Mitchell for the appointment of three district judges as a “court of condemnation;” and upon the objections of the Western Public Service Company, owner of the electric light and power plant and property sought to be acquired by the city by exercise of the power of eminent domain.

The mayor and city council certified to this court that, at a special election, held on October 4, 1932, under article 7, ch. 19 (sections 19-701 to 19-707) Comp. St. 1929, more than the required 60 per cent, of the votes cast at the election by qualified…