Backus v. Fort Street Union Depot Co.

Citations

• 169 U.S. 557
• 18 S. Ct. 445
• 42 L. Ed. 853
• 1898 U.S. LEXIS 1508

Syllabus

<p>As the respondents; both at the trial in the Circuit Court of the State, and in the subsequent proceedings on the certiorari in the Supreme Court of the State, specifically set up and claimed rights under the Federal Constitution which were denied, the jurisdiction of this court is not . open to doubt.</p> <p>While this court may examine proceedings had in a state court, under state authority, for the appropriation of private property to public purposes-, so far as to inquire whether that court prescribed any rule of law in disregard of the owner’s right to just compensation, it may not inquire into matters which do not necessarily involve, in any substantial sense, the Federal right alleged to have been denied.</p> <p>The settled rule of this court in cases for the determination of the amount of damages to be paid for private property condemned and taken for public use, is that it accepts the construction placed by the Supreme Court of the State upon its own constitution and statutes.</p> <p>In case of such condemnation and taking, a State may authorize possession to be taken prior to the final determination of the amount of compensation, provided adequate provision for compensation is made.</p> <p>As to the court to determine the question, or the form of procedure,, all that is essential is that, in some appropriate way, before some properly constituted tribunal, inquiry shall be made as to the amount of coinpen- -. sation; and when this has been provided for there is that due process of law which is required by the Federal Constitution.</p> <p>There is no vested right in a mode of procedure established by state law for the condemnation of property for public use; but each succeeding legislature may establish a different one, provided only that in each is preserved the essential element of protection.</p> <p>An appellate court is not required to set aside the judgment of the trial court by reason of failure to give instructions which were not asked for. The lim