Melville Fuller

“ Kimball, 'this court is not the harbor in which the people of a city or county can find a refuge from ill-advised, unequal, and oppressive state legislation.' As the question raised in these cases is a federal question, (Spencer v. Merchant, supra,) we will not sustain the motions to dismiss; but as there was, in our judgment, color for those motions, and the contention now made has often been pressed upon our attention before, and as often determined adversely, so that the rule must be regarded as settled, we shall grant the motions to affirm. ”

“ When the improvement is the original construction of any street, road, lane, alley, or avenue, such improvement shall be made at the exclusive costs of the owners of lots in each fourth of a square, to be equally apportioned by the general council according to the number of square feet owned by them, respectively, except that corner lots (say thirty feet front, and extending back as may be prescribed by ordinance) shall pay twenty-five per cent more than others for such improvements. ”

“ Unjust, unequal, or arbitrary burdens are not authorized to be imposed by the terms of the act, and opportunity is given to every party interested to be heard in opposition to the enforcement of the liability in the courts, which are specifically authorized to 'make all corrections, rules, and orders to do justice to all parties concerned.' In Davidson v. ”