Page:The New International Encyclopædia 1st ed. v. 07.djvu/58

* EMILIA. -ill EMILIA. ( 1 ) The wife of Iago and maid of Desdemona in .Shakespeare's Othello, who un- masks her husband and is killed by him. (2) The faithful lady-in-waiting of Hermione in Shake- Bpeare'a Winter's Tale. EMILIA GALOTTI, ft-me 'le-a ga-16t'te. A tragedy by Lessing, produced in 1772. The plot is taken from the Roman story of Virginia, whose name Lessing tirst intended to give to the play. The Prince of Guastalla conceives a pas- sion for the heroine, and, on the day of her marriage to Count Appiani. causes the murder of the bridegroom and carries Emilia off to his castle. There she is found by her father, Odoardo, who stabs her to save her from dishonor. The tragedy was adapted for the English stage by Thompson in 1794. EM'ILY. The pretty niece of the retired sail- or Peggully. in Dickens's David Copperfield, better known by her uncle's affectionate diminutive for her name 'Little Em'ly.' She is engaged to her cousin, Ham, from childhood, but is seduced by Steerforth. EMINENCE (Fr. eminence, Lat. eminentia, from emitters, to jut forth, from e, out + mini re, to jut I. A title applied in early times to various dignitaries of the Church. It was re- stricted in 1631 by Urban VIII. to cardinals, the three ecclesiastical electors of the German Empire I the archbishops of Treves. Mainz. ;i 1 1 rl Cologne). and the Grand Master of the Knights of Saint John. At present the title is given to cardinals i. lily. EMINENCE GRISE, a'me'n&Ns' grez, L' i !■>., the gray cardinal). The nickname given to the Capuchin Francois Leclerc du Tremblay ('Father Joseph'), the confessor of Cardinal a i .'i Roi ge. i A paint i g by GerGme represents him descending the palace stairway of his master, greeted by an obsequious throng in front and followed by hostile gestures, ot which he pretends to give no heed. EMINENCE ROUGE, roozh, V. I Fr., cardinal). A popular nicl ne of Cardinal R ii helieu, fr his scarlet robes. EMINENT DOMAIN. In modern public law, the right of the sovereign to appropriate the
 * [or publ ic purpo <■-. This

right i- hi incident of sovereignty and not of the hieh, under t he feudal system of land tenure in England and elsewhere, the stale enjoys. Ii has in affinity, therefore, with the State's riu'lit of escheat in failun of heirs, and of reason or felony, which, whether tenure does or does not exist in b given jurisdic t ion, ai 1 1- hi" t he feudal relat ion of lord .•mil ten Eminent di una in is i ues i 1 to t he State's right to take the proj i lit izens by ta xat ion. and in t he exercise ol the wide range of public functions comprehended under the police power. It dii ii i from the pi ixat ion in I he fact that > he not ion of the equal distribution of a public burden among a num ln-r of pei on - and from the exercise of the police power in that eminent domain contem foi H I : i ml nut public intere t, Neithei can tie i ii i .i nh da - onfl -ii i ion, a* ii i i i m ni i.i", (2) for i In- EMINENT DOMAIN. public good, and (3) in practice, at least, by making compensation for the property taken. Though usually applied to real property, the right of eminent domain extends equally to per- sonal property. Though the term is of foreign origin and found its way into our law through its employment by Grotius. Vattel, and certain English jurists, and though it is everywhere rec- ognized as an attribute of sovereignty, it is no- where else in such common use as in the United States. This is doubtless due to the restraints upon the exercise of the right provided by our constitutional system, which have resulted in an elaborate judicial commentary upon its nature and the methods and conditions on which it may be exercised. Relating, as it does, to the exeTcise of the sovereign power, it is in legal theory completely unfettered in those nations in which the sovereign power is wholly committed to the Government. In such States, if compensation be made for property taken under the exercise of this right, it is as an act of grace and not of legal obligation. Thus, while in fact the British Parliament always provides for making due and reasonable compensation to the owner of prop- erty so taken, it is not bound to do so, nor does the validity of the exercise of the power in a given case depend at all on such provision. P.lackstone, it is true, argues that the right of the subject to compensation is a common-law right, and that the legislature can do no more than compel the owner to alienate his land for a reasonable price; but Blackstone wrote without adequate knowledge of the powers of Parliament. The statement is strictly true of the exercise of the power of eminent domain in must of the United Slates; but this is due to the existence of constitutional provisions by which the power of Congress and of the State legislatures is re- stricted, and not to any general rule of the com- mon law. The right of eminent domain resides in the several States of the United Stales as an in- cident of their sovereignty, and it is one of the implied powers vested in Congress l>. the Constitution. The restriction of the Fed- eral Constitution upon its exercise (which binds only Congress, and not the State Legislatures) is in the clause which de ■ I. nes that do person shall be "deprived of life, liberty, or property without due process of law"; and that private propertj shall not "be taken for public use without just compensation" (Amend- ments, Art. V.). The people of the several states, with a feu exceptions, have bound their Legis latures bj similar constitutional provisions, and in at least one of ihe states in which these safe- guards are not expressly se| forth in tile filnil.l mental law, they have been held to be implied from "the spirit and tenor of the whole Instru- ment " It may. therefore, be regarded as a part of the constitutional law of the United Stales that no pels, ,n can lose his property by eminent domain except il be taken for ill public use, i '2 1 by due process of law, and (3) for ju I compen ation. The courts will declare in. stitutional and void any act of Congress or of a siate Legislature which transcends these re- -I I let lolls. i in ohra e 'public use' has been liberally inter- preted by the courts. H is held to include not onl> public improvements carried on by the State, i- i 1 on truction of harbors, canals, for-