Webster v. Fargo

Argued and Submitted February 25, 26, 27, 1901.

Decided April 29, 1901.

Statement by Mr. Justice Shiras:

This was an action brought by Mortimer Webster in the district court in and for the county of Cass and state of North Dakota, against the city of Fargo; James M. Fargo, as auditor of said city; D. C. Ross, as treasurer, and G. J. Olson, as auditor, of Cass county, in which the plaintiff sought to enjoin the defendant from enforcing an assessment for grading and paving against certain lots or pieces of land belonging to the plaintiff, and abutting on the streets of the city of Fargo.

It was admitted, and, indeed, alleged, in the complaint, that 'each and every of the acts and proceedings required to be done and taken by the statutes of said state of North Dakota in making and return of said assessment, as aforesaid, were duly taken and done,' but it was alleged that the state statutes, under which the work was done and the assessment made, were in violation of the 14th Amendment of the Constitution of the United States, in that they prescribed for paying for grading and paving the streets, by an assessment upon abutting lots by the foot-front rule.

The defendants demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The trial court sustained the demurrer, and, as the plaintiff declined to amend, entered a judgment dismissing the complaint. From this judgment an appeal was taken to the supreme court of the state of North Dakota, which court affirmed the judgment of the district court dismissing the complaint. A writ of error from this court was thereupon allowed by the Chief Justice of the supreme court of the state of North Dakota.

Messrs. Seth Newman and B. F. Spalding for plaintiff in error.

Mr. S. B. Pinney submitted the case for defendants in error, and Messrs. John E. Greene and H. F. Miller were with him on the brief.

Mr. Justice Shiras delivered the opinion of the court: