Oliver Wendell Holmes, Jr.

“ But only an Eighteenth Century faith in human nature could expect that the owners would vote to come in and pay their shares when they would get the same benefit if they stayed out. The discrimination is justified by the change in position at the later time.
As to the supposed sinister purpose of those who brought the plaintiffs in, no evidence was given to prove it. That the plaintiffs' land would be benefited has been found by the Circuit Court of Carroll County, Missouri, which made the order, and by the District Court below. ”

“ In general there can be no doubt that a State has power to add more land that shares the benefit of a scheme, to the lawfully constituted district that has to pay for it, and to do so against the will of the owner. ”

“ We see no reason in the evidence for not accepting their findings. There is another objection to inquiring further. By the law of Missouri the decree of the Circuit Court is final with regard to the territorial extent of the district. The bill further states that the plaintiffs have sought redress in the courts of the State without avail. The defendants plead that the plaintiffs sued in a State Court to cancel the assessments upon them and to annul the judgment of the Circuit Court ”