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power company whereby it is to receive a large quantity of electric power, a considerable portion of which is ready for delivery. It has also entered into an agreement with a construction company for the delivery of power to be used in the operation of certain street surface railroads, which are named in the moving papers, and the affidavits show that it is important that this power be delivered early during the present year. The contract calls for the delivery of this power at an early date, and the plaintiff is actively prosecuting the building of its line. The transmission of the electricity is at high voltage and along wires nine-tenths of an inch in diameter, which are supported by steel towers fifty feet in height. To transmit the electricity of the extraordinary high voltage of from 10,000 to 60,000 volts in wires along the streets or highways would be dangerous and impracticable.
The extent of the business contemplated, including as it does the furnishing of electricity for the use of the inhabitants in a thickly settled and extensive territory for illuminating purposes and for the use of extensive street surface railroads, we think constitutes a public use within the definition of that comprehensive term. (Pocantico Water Works Co. v. Bird, 130 N. Y. 249, 258 et seq.; Matter of Burns, 155 id. 23.)
The fact also sufficiently appears that "the public interests will be prejudiced by delay” if the defendant is allowed to block the plaintiff in the fulfillment of the plan for which it was organized, and retard the furnishing of electricity or water to the inhabitants along its route, or in supplying electrical power for the operation of railroads and for other necessary purposes which may fairly be for the benefit of the public.
The order should be affirmed.
THE BURTON Act: A FEDERAL, ACT FOR THE CONTROL AND REG
ULATION OF THE WATERS OF NIAGARA RIVER.
THE BURTON Act.
(Public No. 367.)
AN ACT for the control and regulation of the waters of Niagara
river, for the preservation of Niagara falls, and for other
purposes. Section 1. Be it enacted by the senate and house of representatives of the United States of America in congress assembled, That the diversion of water from Niagara river or its tributaries, in the state of New York, is hereby prohibited, except with the consent of the secretary of war as hereinafter authorized in section two of this act: Provided, That this prohibition shall not be interpreted as forbidding the diversion of the waters of the great lakes or of Niagara river for sanitary or domestic purposes, or for navigation, the amount of which may be fixed from time to time by the congress of the United States or by the secretary of war of the United States under its direction.
§ 2. That the secretary of war is hereby authorized to grant permits for the diversion of water in the United States from said Niagara river or its tributaries for the creation of power to individuals, companies, or corporations which are now actually producing power from the waters of said river, or its tributaries, in the state of New York, or from the Erie canal; also permits for the transmission of power from the Dominion of Canada into the United States, to companies legally authorized therefor, both for diversion and transmission, as hereinafter stated, but permits for diversion shall be issued only to the individuals, companies, or corporations as aforesaid, and only to the amount now actually in use or contracted to be used in factories the buildings for which are now in process of construction, not exceeding to any one individual, company or corporation as aforesaid a maximum amount of eight thousand six hundred cubic feet per second, and not exceeding to all individuals, companies or corporations as aforesaid an aggregate amount of fifteen thousand six hundred cubic feet per second; but no revocable permits shall be issued by the