delivered the opinion of the court:
Thе sole question involved is, whether the city of Longmont has the right to condemn a right of way for its pipeline through the streets and alleys of the town of Lyons. Independent of statutory provisions cited by counsel for plaintiff in error, we think this right is conferred by the constitutional provision above quoted. It declаres thát all persons and corporations shall, have the right of way across public, private and corporate lands, for the purposе of conveying water for domestic purposes. The intent of a constitutional provision is the law. Manifestly, the intent of the provision under considеration was to confer upon all persons and corporations the right of way across lands, either public or private, by whomsoever owned, through which to' carry water for domestic purpose's, and necessarily, embraces a municipal corporation seeking a right of wаy for such purposes. It covers every
To summarizе: The constitutional provision under consideration confers a right and prescribes the rule by means of which, in an appropriate actiоn in a court of competent jurisdiction, that right may be enforced without furthеr legislation, and is, therefore, self-executing.
In so far as the statutory provisions cited by counsel for plaintiff in error are in any sense applicable, the rights thereby conferred upon cities and towns are subject tо- this: constitutional provision. The judgment in no sense deprives the town of Lyons оf jurisdiction over its streets and alleys, as it re
The judgment of the district court is affirmed.
Judgment affirmed.
Decision en banc.