Concurring. — Accepting the decision of the majority of this court in the case of Blackwell Lumber Co. v. Empire Mill Co., 28 Ida, 556, 155 Pac. 680, as the law of *438this case, I concur in the foregoing opinion. My views upon the right to exercise the power of eminent domain in cases of this kind are fully expressed in the dissenting opinion appearing in 28 Idaho, at page 582, 155 Pac. 680, and no useful purpose will be served by a reiteration of them at this time.