Manigault v. Springs

Citations

• 199 U.S. 473
• 26 S. Ct. 127
• 50 L. Ed. 274
• 1905 U.S. LEXIS 992

Syllabus

<p>In the absence of legislation by Congress, a State has full power to improve its lands and promote the general health by authorizing dams across interior streams, although previously navigable to the sea.</p> <p>Nothing in the existing constitution of South Carolina interferes with the common-law powers of the State over it's navigable waters.</p> <p>The interdiction of statutes impairing the obligation of contracts does not prevent a State from properly exercising its police powers for the public good notwithstanding contracts previously entered into between individuals may be affected.</p> <p>While the police power of a State is subject to limitations there is a wide discretion as to its exercise in the legislature, with whose determination as to what is and what is not necessary the courts ordinarily will not interfere.</p> <p>Except where property is taken for which compensation must be made, private interests are subservient to the exercise of the police power and - must give way to general schemes for the public health.</p> <p>Courts may take judicial notice that the. public health is greatly affected by the existence of swamp lands and the reclamation of such lands is a proper exercise of the police powers.</p> <p>Where there is a practical destruction, or material impairment of value, of lands by overflowing them as the result of construction of dams, there is a taking within the meaning of the Federal Constitution which demands compensation, but otherwise when the owner is merely put, as in this case, to additional expense in warding off the consequences of the overflow.</p> <p>A court of equity is not bound to enjoin a public work authorized by stat- ' ute, until compensation is paid where no property is directly appropriated, especially where it is difficult to ascertain the damage, if any, and the statute contains reasonable provisions for compensation.</p> <p>Although a river may,- for purposes of transit and travel, be a highway, in the prohibition