Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: The Law in Oregon Prior to the Initiative and Referendum Amendments to its Constitution It is proper first to consider some phases of the law as they were established and had become stare decisis prior to these amendments. I call particular attention to the law as so established on the following powers and subjects, viz.: First. The law of Eminent Domain. Second. The power to grant franchises and the control of highways. Third. The law relating to bridges on navigable. rivers wholly within a State. First, The Law of Eminent Domain In 10 Am. and Eng. Ency. of Law (2d Ed.), page 1049, it is said: The right to exercise the power of eminent domain is inherent in sovereignty, necessary to it and inseparable from it. From the very nature of society and organized government this right must belong to the State. It is a part of the sovereign power of every nation. It lies dormant in the State until legislative action is had pointing out the occasions, the modes and the agencies for its exercise. In Lewis on Eminent Domain, Sections 237 and 238, it is said: Sec. 237. The power of eminent domain, being an incident of sovereignty, is inherent in the Federal Government and in the several States, by virtue of their sovereignty. It does not exist in any subordinate political division or public corporation unless granted by the sovereign power. Consequently it does not exist in any territorial government unless it has been expressly granted by Congress. This power, with all its incidents, is vested in the Legislatures of the several States by the general grant of legislative powers contained in the Constitution. From this it follows, first, that the power can only be exercised by virtue of a legislative enactment; second, that the time, manner and occasion of its…
