Berrien Springs Water-Power Co. v. Berrien Circuit Judge

In Valentine v. Berrien Springs Water-Power Co., 128 Mich. 280 (87 N. W. 370), this court held that relator had a right to proceed to erect a dam across St. Joseph river. To carry out this project, relator filed a petition to condemn certain lands in pursuance of authority contained in the act under which it is incorporated. Respondent dismissed said petition on the ground that that part of the act which authorized relator to condemn lands was unconstitutional. This court is now asked to issue a mandamus compelling the vacation of such order. While other questions are raised in this case,…