Joseph McKenna

“ The bill of exceptions shows that plaintiff in error did not bring to the attention of the trial court that the act of the state under which the assessment was made, or any of the proceedings were contrary to the 14th Amendment to the Constitution of the United States, nor did he assign as error on appeal to the supreme court that the rulings of the trial court or its judgments infringed that amendment. ”

“ The court decided against both contentions, holding that 'the legislature had the right to fix the rate of interest which said instalments and bonds when issued should bear,' and §§ 42 and 86 of the local improvement act 'are not in conflict with the Constitution.' That is, the Constitution of the state. ”

“ Petitioner (defendant in error) introduced the petition, assessment roll, and notice. They were received in evidence, though objected to as not complying with or meeting the requirements of the statute.
Plaintiff in error, to sustain the issues 'on the question of the legal objections,' offered in evidence the various resolutions and proceedings before the board of local improvements. They are set out in the record, but it is not necessary to quote them. No other evidence was offered. ”