Secomb v. Railroad Company - 90 U.S. 108 (1875)
U.S. Supreme Court
Secomb v. Railroad Company, 90 U.S. 23 Wall. 108 108 (1875)
Secomb v. Railroad Company
90 U.S. (23 Wall.) 108
ERROR TO THE CIRCUIT COURT
FOR THE DISTRICT OF MINNESOTA
1. When the question is whether, under the constitution and laws of a particular state, a company professing to be a corporation is legally so, this Court will receive as conclusive of the question the decision of the highest court of the state deciding, in a case identical in principle, in favor of the corporate existence.
2. The taking of private property in order that a railroad may be made belongs to the class of things which in proper cases are to be regarded as public necessities.
3. The move of exercising the right of eminent domain, in the absence of any provision of organic law prescribing a contrary course, is within the discretion of the legislature. There is no limitation upon the power