were then unknown and unprophesied, might result in unbearable evils. Necessary as it might be at the start to give away valuable properties to meet present needs, one generation or its representatives has no conceivable right to sell for a mess of pottage the heritage of all succeeding ones. The fact is, then, that the natural title to all gifts of Nature is vested in the public at large; and while it is in duty bound to observe the contracts which it makes with private parties, it is also not to be thought that the dishonesty or incompetence of a public official, or the failure to foresee the future, can work for too long a time an injury to the community.
It seems certain that, in every case where the public has transferred to private owners the title to any gift of Nature, or has conferred any franchise upon a corporation, under whatever conditions, the right of supreme control still remains with the natural owner, the public; and when the need arises, this control may be exercised. The rights of the owners and the contract obligations into which the public has entered should be regarded so far as possible; but when the public necessity demands, control on its behalf can always be exercised.
This may seem like a formidable and revolutionary doctrine, but, in reality, it is based on every-day acts of the public representatives, with which every one is familiar. Suppose it is conceived to be for the public interest that a certain railway shall be built. To do this it is necessary to cross many hundred tracts of land, the title to which was many years ago transferred by the public to private owners who have bought and sold since then as they pleased, as if their control were absolute. Many of the owners of these lands may be opposed to parting with the right of way necessary for a railroad, but their private wishes must not stop the progress of improvements necessary to the general welfare. The State, which has the natural title, asserts its right to supreme control; and, if necessary, will use all its power to force these private owners to relinquish their land for the public good. This is the commonest example of the