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* EMINENT DOMAIN. 43 EMIR. bifications, the election of lighthouses, and other public buildings, etc., but also private or quasi- public enterprises in which the public have an interest, us railroads, ferries, turnpikes, bridges, mills, etc! In the latter class of cases the State may act through a corporation or individual, act- ing as its agent, and it. is no objection to the exercise of the power that it involves ii;i in or is sought for purposes of gain by such agent. As to what, constitutes ''Inc. process of law' in such cases there is some difference of opinion. The usual procedure is by condemnation proceed- ings, the course of which is determined by gen- eral law. These are instituted, like any cijuity suit, by petition presented to a court, of com petent jurisdiction, and hearings may be had, either by the court or before a master or referee appointed for the purpose. The final step in such a proceeding is an order of condemnation and award, which is binding like any other judicial decree or judgment. But the Legislature may substitute any other process, no matter how sum- mary, provided only that notice of the proceed- ings is given to the owner of the property to be taken. dust compensation means payment of the full value of the property taken or of any interest therein, whether present or future, vested orcon- tingent. There has been some conflict of au- thority as to whether the flooding of lands and the construction and operation of an elevated railroad to the detriment of adjoining owners constitute a 'taking' of property within the sense of the constitutional provision, but the later and the prevailing view is that the owner is entitled to compensation in such cases. But for merely consequential damages resulting from public works, he must usually look for relief to other provisions of law or to the Legislature. Consult: Kent, Commentaries on American Law; Mills, Eminent Domain (2d ed., Saint Louis, 18S8) ; Lewis, Eminent Domain (2d. ed., Chicago, 1900) ; Randolph, Eminent Domain (Boston, 1894) ; Cooley, Treatise on the Con- stitutional I. iin ilations vhieli Rest Upon Hie Legislative Power of the Stale (6th ed., Bos- ton, 1800) ; Thayer, Gases in Constitutional Law (Boston, 1894). See Sovereignty; Tax; Police Power. EMINESCTJ, fi-mc'nesh, Michael (1850-89). A Rumanian poet and publicist. He was born near Botoshani, Moldavia, and was educated at the universities of Vienna and Berlin, where he became imbued with Schopenhauer's philosophy- After his return to Rumania he successively be- came librarian at the University of Jassy and editor of the conservative paper Tim/ml, in Bucharest. During the latter part of his life he was insane. In his poems, which treat, of a greal variety of subjects — political, social, and reli- gious — and which afford an insight into the deep emotional experiences of the author. Eminescu reveals himself as the greatest lyricist of Ru- mania. Among his finest productions are his sonnets and his political satires. The sixth edi- tion of his collected works was published at Bucharest, under the title Poesii in 1884 (6th ed. 1892). Several of them have been translated into German by Carmen Sylva and others. EMIN PASHA, a'men pasha' (1840-92). An African explorer and governor in the Egyptian Sudan. lie was born at Oppeln, Prussia, of Jewish parents, his real name being Eduard Vol. VII —4 Schnitzer. He studied at Breslau, Berlin, ii Konigsberg, taking his degree in medicine. He went to Turkey in 1864, where in the follow) year he received an appointment as surgeon in tin' Turkish Army, and in 1 S 7 ."j he removed to Egypt, where he became! surgeon-general oi the Egyptian army in the Sudan under the coin- man,! of General Gordon. In I sTs In. was ap pointed by General Gordon Governor of the equa- torial provinces in tic- southern Sudan, with the t it le of Bey. Emin proved himseli an able ad- ministrator, and in two years the provinces, which had hitherto been a source of expense to the Egyptian Government, became self support- ing, lie personally conducted exploring expedi- tions, adding greatly to the geographical knowl- edge of Centra] Africa, and securing valuable collections of botanical and zoological specimen-,. After the revolt, of the dervishes under the Mahdi in 1881, he was completely cut off from Egypt and the rest of the world, but was able to maintain himself and keep the provinces under his control. While he was still isolated from the civilized world in- was ma.le a pasha by the Egyptian Government. (1887). In the fol- lowing year he was rescued by an expedition led by Henry M. Stanley, who tried in vain to induce Emin to return with him to Egypt ; but the Pasha would not leave his people, to whom he was devoted. In the following year, however, influenced by representations of the dervishes, the provinces rose in revolt, and Emin was deposed and imprisoned. On being released he reluctantly left the country, and returning to Egypt, resigned his office. A year later (1890) he entered the service of the German East Africa Company, and accompanied Dr. Stuhlmann on an expedition to Central Africa. It was while engaged in this work, which he prosecuted with heroic energy, in spite of almost extinct eyesight, that he was assassinated by two Arabs. Consult: Buchta, Der Sudan winter agyptischer Herrsehaft (Leip- zig, 1888) : Stanley! In Barleest Africa (New York, 1890): Schynse, Mil Stanley und Eminm Pasoha durch Deutsch • Ost - Africa (Cologne, 1890); and Schweitzer, Emin Pascha (Berlin, 1898). EMIR, or Ameer, g'mer or a-mer' (Ar. 'amir, prince, from 'amara, to be prince). A title given in central and western Asia and northern Africa to independent chieftains, and actual or -apposed descendants of Mohammed through his daugh- ter Fatima. The latter are nominally members of the first four social orders, but have few special privileges except the right to wear tur- bans of green, the Prophet's color. The numbei claiming this descent is considerable, but they are often beggars. The leaders in the earlier re- ligious wars of the Mohammedans had the title of emir, and it was borne as a title of nobility by several families of high rank — as, for example, the first heads of the Ommiads of Spain. As a title the word i- used with others to denote dis- tinct offices, such as 'Amir al-Mu'minin, 'prince of the faithful.' a title of the caliphs. 'Amir al- Muslim in, signifying the same thing, was a title adopted by the Almoravides; 'Amir el-'Umara', 'prince of princes,' was the title of the first min- ister under the caliphs and the Easl Indian Moguls, who united in his own person the high- est civil and military dignities. Tt i- now the title of the governors of different provinces. The Turkish master of the horse is styled 'Amir