Page:Federal Reporter, 1st Series, Volume 4.djvu/382

 368 FEDEBAIi BEFOBTEB. �the laws of the state, a fair trial in a court of Justice, ao- cording to the modes of proceeding applicable to suoli a case." With reference to that case the court further ob- serves; "Before the assessment could be coUected, or be- come effectuai, the statute required that the tableau of assess- ments should be filed in the proper district court of the state ; that Personal service of notice, with reasonable time to object, should be served on ail owners who vrere known and within reach of process, and an advertisement made as to those who were unknown or could not be found. This was complied with ; and the party complaining then appeared, and had a fuU and fair hearing in the court of the first instance, and afterwards in the supreme court. If this be not due process of law, then the words can have no definite meaning as used in the constitution." Id. 105. �So, in this case, no property can be taken from the party except upon a judgment, after a full hearing in a suit to recover the amount of the assessment, in which the legality of ail the proceedings is contested and adjudged. That is the very purpose of the present suit, and we are now engagea in ascertaining the validity or non-validity of the assessment in the regular course of due process of law. The assessment does not take the property; it is only taken in pursuance of the judgment after a full hearing. The case cited is condu- sive on the point. �The second point relied on by the defence îs that the as- sessment was made, and the law authorized it to be made, without regard to any known or ]'ust principle of apportion- ment, or equality of burden or apportionment. �I do not under stand it to be claimed that it was not made in accordance with the statutory provisions in section 33 and other sections; but it is claimed that the statute itself is unconstitutional and void on the grounds indicated. I am not prepared to say that the statute does not require the assessment to be so made as to bave some just relation to the benefits resulting from the improvement. The provision is that the commissioners "shall jointly view and asseas, upon each and every acre to be reclaimed ox beue&ted thereby, a ����