Edward Douglass White, Del Castillo v. McConnico — Opinion of the Court
“ The issue which we are to determine is not what interpretation should be given to the statutes of the state of Louisiana, but whether, accepting the meaning affixed to the statutes of that state by the court of last resort of the state, their provisions, as so interpreted, are repugnant to the constitution of the United States, because not affording due process of law. ”
Edward Douglass White, Del Castillo v. McConnico — Opinion of the Court
“ Conceding that a sale to enforce taxes made without notice, actual or constructive, would be a want of due process of law, it is yet obvious that the publication for 30 days required by the state law was sufficient notice to constitute due process of law, and that the mere fact that there was affixed to the name inserted in the advertisement the words 'or her estate and heirs' did not destroy the efficacy of the advertisement, and did not cause it to be, in legal contemplation, no notice whatever. ”
Edward Douglass White, Del Castillo v. McConnico — Opinion of the Court
“ Thus it is said the state statute directs that from a tax collector's deed a conclusive presumption of a previous assessment shall be deduced, hence the statute in terms is repugnant to the fourteenth amendment since it takes property under a tax sale, although no assessment whatever had ever been levied on the property so taken. But, as thus stated, the proposition presents a purely moot question. The plaintiff in error has no interest to assert that the statute is unconstitutional, because it might be construed so as to cause it to violate the constitution. ”
