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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 « t© this end the said c ity i s hereby authorised t© * « * . * * pur©has® o f any water company, water works within said city* and it was held that th is conferred the right to condemn the plant and franchise of the water company fo r the benefit o f the city, and the Court adds that the righ t of eminent domain in such cases is not questioned* In re Mayor etc* o f City o f Hew York, SI H*E* 1043 (H.Y.) , 31 im. St. Hep* 823* in act empowering the city to ac­quire by eraiaent domain a l l wharf property within it s lim its washeld su ffic ie n t to enable the city to condemn wharf property owned by a railro ad and a gas company and actually occupied by them f o r public use* Hairing in Blind this more extended and b en e fic ia l public use employ­ed by municipal corporations as a governmental agency we w ill re fe r to our statute. Its language as applied to the use here sought I sj ’ That any incorporated city * i * | be and is hereby authorised * * • to construct* condemn and purchase, purchase, acquire, add to, main­tain and operate works, plants'and- fa c ilit ie s fo r the purpose o f furnishing sueh c ity or town and the inhabit­ants thereof and any other person with gas, e le c tric ity and other means o f power and f a c ilit i e s fo r ligh tin g, heating, fu e l and power purposes.’ It would seem that in the .employment o f such language i t was the intention o f the le g isla tu re to expressly grant the power o f con­demnation of property devoted to a public use *. * . * The whole tenor of the act is a manifest intention to confer upon c itie s the right to acquire a l l existing public u t i li t i e s , either by condemnation or purchase, or to construct th eir own plants fo r such purposes.** The case o f state vs Superior Court o f King County grew out o f a proceeding brought by the Gity of Seattle to condemn fo r municipal purposes certain of the railway property of a street railway company. The le g is la tiv e grant o f power to the city to maintain the proceeding recited that any incorporated city is hereby authorised to construct, condemn and purchase, purchase, acquire, add to, m in tain , operate or lease cable, e le c tric and other reailways within the lim its of such city fo r the trans­portation of freigh t and passengers, another section provides that whenever the city council deems i t advisable that the city sh all acquire the public u t ilit y mentioned, that i t provide therefor by ordinance, which ordinance sh all specify and adopt the system or plan proposed and declare the estimated cost thereof, etc. and the same is submitted fo r ra tific a tio n to the qu alified voters at a general or special election* the act also provided that i f i t is necessary to condemn land or other property fo r such purpose the city shall-provide therefor by ordinance,