Hon. J.A. Johnson: A Partial Copy of His Letters, Travels and Addresses |
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Hon. J. A. Johnson: A Partial Copy of His Letters, Travels and Addresses ... J. A. Johnson No preview available - 2017 |
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Popular passages
Page 246 - That these resolutions be spread upon the minutes of this meeting and that a copy be sent to the family of the deceased officer.
Page 121 - ... within the state or within any district or territorial division of the state ; nor that it shall or shall not be numerically equal as in the case of a capitation tax ; nor that it must be in the ratio of the value of each man's land, or of his goods, or of both combined : nor that a tax ' must be coextensive with the district or upon all the property in a district which has the character of and is known to the law as a local sovereignty...
Page 3 - Republic in 1888; located in Kansas City in 1865 and has been engaged there ever since in the practice of the law; elected...
Page 246 - Resolved, That a copy of these resolutions be presented to the family of the deceased, and that they be published in the city papers and in the columns of the Cincinnati LANCET-CLINIC.
Page 123 - But, when a street is once opened and paved, thus assimilated with the rest of the city and made a part of it, all the particular benefits to the locality derived from the improvements have been received and enjoyed. Repairing streets is as much a part of the ordinary duties of the municipality — for the general good — as cleaning, watching, and lighting. It would lead to monstrous injustice and inequality, should such general expenses be provided for by local assessments.
Page 122 - The conclusion to be drawn from the main current of decisions may therefore be said to be that, notwithstanding some apparent exceptions, local assessments are constitutional only when imposed to pay for local improvements, clearly conferring local benefits on the property so assessed, and to the extent of those benefits. They cannot be imposed when the improvement is for the general good, without an excess of local benefit to justify the charge.
Page 240 - ... on file and of record in my office. "Witness my hand and the...
Page 123 - Thi* enhanced value can be preserved in no other way than by keeping the street in repair, and by its reconstruction when too much worn to be longer repaired. Hence, so far as the right to impose this local taxation depends upon the enjoyment by the persons taxed of peculiar local benefits arising therefrom, it seems to us that there is no substantial difference between the reconstruction and the original improvement of the street. We are not aware that this question has been directly presented to...
Page 123 - ... reason why the cost of the reconstruction of such streets may not also be assessed against the owners of the same character of property. In proportion as the trade and population of a city increase, the value of real estate advances. The owners of such estate receive and enjoy very nearly the sole permanent advantages accruing to the city from the construction, repairs, and reconstruction of the streets upon which their property may be situated. The general public certainly receives incidental...
Page 125 - How could the courts ever determine what part should be paid out of the general treasury and what part raised by local assessment? What rule would govern them in Investigating such a question? And what right have they to dictate where the line shall be drawn?