State ex rel. Morrell v. Superior Court

Citations

• 33 Wash. 542
• 74 P. 686
• 1903 Wash. LEXIS 550

Syllabus

<p>Corporations—Powers—Construction oe Articles—Water Rights oe Mining Company. Where the articles of a mining company provide for carrying on many kinds of business including the acquiring of “water rights” and other appliances, all of which seem, to center around the main object of mining and smelting ores, the words “water rights” have reference to some mechanical application thereof, and do not indicate an intention to form a water company for the purpose of supplying cities with pure fresh water, or authorize the company to acquire property by the right of eminent domain.</p> <p>Eminent Domain—Not Exercised by Aliens—Objection Raised by Owner oe Land. Where land is sought to be appropriated under the right of eminent domain, the objection that the plaintiff is an alien and so not entitled to hold land in this state may be raised by the owner of the land in defense of his title, without waiting for action on the part of the state through its special officers.</p> <p>Aliens — Foreign Corporations — Ownership oe Land. Bal. Code, § 4291, granting to foreign corporations all the powers of domestic corporations can not be urged as giving them the power to hold lands in this state in view of the constitutional inhibition against such ownership.</p> <p>Same—Right op Wat por Water Plume. The constitutional inhibition against the ownership of lands by corporations, the majority of whose stock is held by aliens, applies to the acquisition of a right of way for a water flume under the condemnation laws of the state.</p>