Healy Lumber Co. v. Morris

Citations

• 33 Wash. 490
• 63 L.R.A. 820
• 74 P. 681
• 1903 Wash. LEXIS 545

Syllabus

<p>Eminent Domain—Public Use—Right of Way fob Logging Roads—Taking Property for, Private Use. Laws of 1899, p. 255, granting to the owner of timbered lands tlie right to condemn a right of way for logging roads and lumbering purposes contravenes Const., art. 1, § 16, prohibiting the taking of private property for private use.</p> <p>Same—Public Use a Judicial Question—Discretion. Const., art. 1, § 16, providing that the question in condemnation proceedings whether a use is a public use shall be a judicial question, negatives the idea that any weight should be given by the courts to the fact that the legislature has pronounced a certain thing a public use, and submits tbe question of public use to tbe discretion of the courts.</p> <p>Same—Statutes—Presumption. Nor does tbe ordinary presumption in favor of tbe constitutionality of an act apply to a legislative assertion upon a subject that has been specially submitted to tbe courts.</p> <p>Same—Distinction Between Logging and Boom Companies. A private logging company in tbe exclusive prosecution of its own private business stands .upon a footing in relation to tbe power of eminent domain different from that ^occupied by a boom company doing a carrying business for tbe public.</p> <p>Same—Public Benefit not Public Use. Tbe public use authorizing tbe exercise of tbe right of eminent domain contemplated by tbe constitution is not synonymous with public benefit, and a use for private enterprises does not authorize tbe exercibe of tbe right however much public policy demands it, or whatever the public benefit therefrom may be, but it must be a use by tbe public or by some agency that is quasi public.</p> <p>Same—Condemnation of Private Wats of Necessitt—Grant. A condemnation proceeding by tbe owner of timbered lands for tbe purpose of acquiring a right of way for a logging road and lumbering purposes, under Laws of 1899, p. 255, cannot be sustained under tbe provision of tbe constitution, art. 1, § 16, permitting tbe takin