Webster v. Fargo/Opinion of the Court

It is conceded in this record that the plaintiff in error has no ground to complain of any discrimination attempted against him, either in the statutes of the state or in the proceedings thereunder, whereby the tax in question was assessed against his property. The sole contention on his behalf is that, under the decision of this court in the case of Norwood v. Baker, 172 U.S. 269, 43 L. ed. 443, 19 Sup. Ct. Rep. 187, all special assessments upon the basis of frontage are in violation of the 14th Amendment to the Constitution of the United States, in that they may result in the taking of property without due process of law.

But we agree with the supreme court of North Dakota in holding that it is within the power of the legislature of the state to create special taxing districts, and to charge the cost of a local improvement, in whole or in part, upon the property in said district, either according to valuation or superficial area or frontage, and that it was not the intention of this court, in Norwood v. Baker, to hold otherwise.

It is unnecessary to enter upon an examination of the authorities, as that has recently been done in the case of French v. Barber Asphalt Paving Co. 181 U.S. 324, post, 625, 21 Sup. Ct. Rep. 625; and, upon the authority of that case, the judgment of the Supreme Court of North Dakota is affirmed.

For dissenting opinion, see Cass Farm Co. v. Detroit, 181 U.S. -, post, 645, 21 Sup. Ct. Rep. 645.