The Constitutional Law of the United States volume 2

Cover The Constitutional Law of the United States volume 2
The Constitutional Law of the United States volume 2
Westel Woodbury Willoughby
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R. Co. V. Barber Asphalt Paving Co. , 197 U. S. 430; 25 Sup. Ct. Rep. 466; 49 L. Ed. 819. Subject to these indi- vidual exceptions the rule is that in classifying property for taxation some benefit to the property taxed is a controlling consideration, and a plain abuse of this power will sometimes justify a judicial interference. Nor- wood V. Baker, 172 U. S. 269; 19 Sup. Ct. Rep. 187; 43 L. Ed. 443. " 9 167 U. S. 548; 17 Sup. Ct. Rep. 966; 42 L. Ed. 270.
932 II]viTED States Coxstitutio^'al Law
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in tliis respect, comes within the principle upon which this court held that the legislature of Alabama might charge the county of ]\. Iobile with the whole cost of an extensive improvement of Mo- bile harbor ; and, speaking by Mr. Justice Field, said : ' The ob- jection urged is that it fastens upon one county the expense of an improvement for the benefit of the whole State. Assuming this to be so, it is not an objection which destroys its validity. When any public work is authorized, it rests with the legislature, unless constrained by constitutional provisions, to determine in what manner the means to defray its cost shall be raised.


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