People ex rel. Robinson v. Pittsburgh R.R.

Misuse of the Eminent Domain by Imposition upon the Covet.— The Pittsburg Coal Company owned mines five miles distant from the San Joaquin River, and in order to secure convenient transportation for its coal, the Pittsburg Railway Company was incorporated by the stockholders of the coal company. The articles of incorporation declared the purpose of the new company to be to transport freight and passengers. Upon this representation, and in the belief that the land was required for a public use, the District Court, by the usual judicial proceeding, authorized the corporation to take land, which was the private land of R, for its railway. The rail•way was constructed and was operated exclusively for the transportation of the coal—no passenger or other cars being provided for the use of the public: held, that the proceedings in condemnation amounted to an imposition upon the Court.—[Reporter.]

Same—Right of the State to Correct the Abuse.—In such a case, it is competent for the State, upon discovering the misuse of its authority by which private property has been wrongfully taken, to interpose, by its Attorney-General, to correct the abuse.—[Reporter.]