Tobin v. Willow River Power Co.

That the petition was not demurrable has been held in Manns v. Marinette & M. P. Co. 205 Wis. 349, 235 N. W. 426, 238 N. W. 624. See, also, Price v. Marinette & M. P. Co. 197 Wis. 25, 221 N. W. 381; Baerwolf v. Wisconsin River P. Co. 198 Wis. 112, 223 N. W. 571.

While the proceeding under ch. 32, Stats., is before the judge, it is not a proceeding in court. The taking of private property for public purpose is a matter that rests within the power and discretion of the legislature and it may be taken upon such terms as the legislature prescribes, subject to the right of trial by jury on the…