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1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 Query: Boss the present charter o f the City o f Las Togas >r th© present statutes of the Stats o f Havana authorize s a lt city |o acquire by condemnation th© existing water system, including a ll property, righ ts, and franch! bob o f la s Yogas Land and Hater Company or the system of Southern Nevada Power Company, including a ll of it s righ ts, franchises, d istributin g lin e s, e tc . i fhe power o f eminent domain Is not created by constitution si* statute. It is an inherent attribute of sovereignty* And the only lim itation upon this right is contained in our constitu­tion is the following words: *Nor sh a ll private property be taken public use without just compensation having been f i r s t made secured, except in oases o f war, r i o t , f i r e or great public in Which ease compensation sh all be afterwards made.* Section ©, A rtic le 1, Nevada Constitution. (Section 89, N* 0. L.) fhether the use fo r which private property is taken 1 ® a public use i s ultim ately a question fo r the courts, irrespective of any assertion by the legisla tu re that the us® is public. Where the legislatu re declares a p articu lar us® to be a public use, the presumption is in favor of the declaration and the court® w ill not in terfere therewith unless the use is clearly and manifestly of a private character* The Supreme Court of the state of Nevada, is the case of Dayton Mining Co. vs Seawall, 11 Her. $94, at Page 400 **fhat is the meaning of the words ’public use’ as contained in the provisions of our state constitution! It is con­tended by Respondent that these words should be construed with the utmost rig o r against those who try to seise pro­perty and in favor o f those whose property is to be seised. I n other words that in favor of private rights the con­struction should be s t r ic t ; that the words mean possession, occupation, or direct enjoyment by the public. On the other hand it is claimed by Petitioner that courts should give to th® words a broader and more extended meaning, v iz ., that of u t ilit y , advantage or benefit. That any appropria­tion of private property under th® right o f eminent domain fo r any purpose o f great public benefit, interest or advant­age to th© community is a taking fo r public use.** And on Page 408, the CSowrt decided that in lig h t of th® authorities cited in the opinion, nearly a l l of which were decided