American and English Corporation Cases; A Collection of All Corporation Cases, Both Private and Municipal (Excepting Railway Cases), Decided in the Courts of Last Resort in the United States, England, and Canada Volume 37

American and English Corporation Cases; A Collection of All Corporation Cases, Both Private and Municipal (Excepting Railway Cases), Decided in the Courts of Last Resort in the United States, England, and Canada Volume 37

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...it at the same time confers upon the abutting real property an enhanced pecuniary value, out of all roportion to the benefits inuring to the public at large. Vould it be just that all should be taxed alike, and that the owner of property in a remote part of the city be compelled to contribute as much towards the particular im rovement as those whose lands are thus peculiarly benefited? This would savor very much of the "forced contributions" of the olden time, which are so generally denounced as obnoxious to the principles of free government; and the bare statement of the proposition shocks all sense of justice, and furnishes its ovn refutation. It is, therefore, but pre--eminently just. as well as the duty of the law-making power, to provide for an equitable adjustment of such burdens in proportion to the benefits conferred; and it is for the very purpose, as we have seen, of accomplishing this end, and of preventing so great a perversion of the taxing power, that these local or special assessments are almost universally resorted to. It is true that the power to levy such assessments is sometimes abused, and that some of the methods adopted have been judicially condemned, but the existence of the powerit-self is as well established as it is possible byjudicial decision. to establish any legal principle whatever. Vilmington 1/. Yopp, 71 N. Car. 76; Cain 1/. Commissioners of Davie Co., . supra; Busbee 1/. Commissioners of Vake Co., supra; 2. Dill. Mun. Corp. 761; Cooley, Const. Lim. 506; I Hare, Am. Const. Law, 301; Elliott, Roads & S. 370. 2. Ve will now consider whether the power of the legislature was properly exercised in the case before us. It is a general rule, everywhere conceded, that the discretion of the...show more

Product details

  • Paperback | 342 pages
  • 189 x 246 x 18mm | 612g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236967275
  • 9781236967275