Morrison Waite

“ That the statute is still further repugnant to the same amendment, because it deprives such corporations of their property without due process of law, there being no provision for notice to them of a time, place, or tribunal for a hearing in defense of their rights in the valuation of their property for taxation. ”

“ That the statute under which the taxes were levied is repugnant to article 14 of the amendments of the constitution of the United States, inasmuch as it deprives railroad corporations of the state operated in more than one county of the equal protection of the laws (1) by providing that the property of such corporations shall be valued for taxation to them without deduction on account of mortgage incumbrances, while the mortgaged property of other corporations and of natural persons is taxed to its owner only on its value after the value of the mortgage has been deducted ”