Salt Lake City Water & Electrical Power Co. v. Salt Lake City
Utah Supreme Court
Original petition for a writ of certiorari by Salt Lake City against tbe Salt Lake City Water & Electrical Power Company to review tbe proceedings of tbe Third District Court, Hon. O. W. Morse, Judge, in an action pending between respondents and petitioners. Tbe statute authorizing possession is unconstitutional.
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Original petition for a writ of certiorari by Salt Lake City against tbe Salt Lake City Water & Electrical Power Company to review tbe proceedings of tbe Third District Court, Hon. O. W. Morse, Judge, in an action pending between respondents and petitioners. Tbe statute authorizing possession is unconstitutional. Section 3597 of tbe Revised Statutes, wbicb is relied upon to support tbe action of tbe court below, is unconstitutional and void, in so far as it authorizes tbe taking of possession of property upon tbe giving of a bond, because a bond is not compensation, nor tbe equivalent…
1DissentBaskin, J.
(dissenting). — It appears that Salt Lake City many years ago constructed tbe canal in question, which extends from its connection with tbe Jordan river, a distance of over twenty miles, to said city, and acquired a vested right to divert from tbe river, and conduct through tbe canal, for *298tbe use of tbe inhabitants of tbe city, a portion of tbe water of tbe river, and that botb said canal and water have ever since been appropriated to tbat public use; that long after such appropriation and tbe acquisition of said vested right the Salt Lake City Water & Electrical Power Company filed in tbe…
2Cases cited8 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Walker v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- King v. GotzCalifornia Supreme Court · 1886
- Salt Lake City v. Salt Lake City Water & Electrical Power Co.Utah Supreme Court · 1902
- Tripp v. OverockerSupreme Court of Colorado · 1883
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