and in sears vs. city of akron ( 246 u.s. , 242 ) , decided march 4th , 1918 , it said : plaintiff contends that the ordinance is void because the general statute which authorized the appropriation violates both article 1 , paragraph 10 , of the federal constitution , and the fourteenth amendment , in that it authorizes the municipality to determine the necessity for the taking of private property without the owners having an opportunity to be hear as to such necessity ; that in fact no necessity existed for any taking which would interfere with the company 's project ; since the city might have taken water from the little cuyahoga or the tuscarawas rivers ; and furthermore , that it has taken ten times as much water as it can legitimately use .