David Josiah Brewer

“ By Ordinance 5068 it ordered the construction of a sewer, and directed what area should be drained into that sewer, and created a taxing district out of that area. For these no notice or assent by the taxpayer was necessary. A sewer is constructied in the exercise of the police power for the health and cleanliness of the city, and the police power is exercised solely at the legislative will. ”

“ As the form of the notice and the time of its publication are not affirmatively disclosed in the complaint, it must be assumed that there was no defect in respect to these matters. The precise objection is that, although proper and sufficient notice may have been given, it was not in terms prescribed by the ordinance appointing the viewers. But, as held by the supreme court of Oregon in the case referred to, (Minard v. Douglas Co., 9 Or. 206,) that which is implied in a statute is as much a part of it as that which is expressed ”

“ So, also, the determination of a territorial district to be taxed for a local improvement is within the province of legislative discretion. Willard v. Presbury, 14 Wall. 676; Spencer v. Merchant, 125 U.S. 345, 355, 8 Sup. Ct. Rep. ”