William R. Day

“ The constitutional protection against deprivation of property without due process of law would certainly be available to persons arbitrarily deprived of their private rights by such state action, whether under the guise of legislative authority or otherwise. But in the present case there is neither allegation nor proof of such disproportion between the assessment made and the benefit conferred as to suggest that the small tax levied upon this property would amount to an arbitrary exercise of the legislative power upon the subject. ”

“ Class C to include all such landed property in the city of Baltimore adjoining or abutting upon any public highway paved with improved paving and having a width of less than 15 feet so paved. The appeal tax court of the city of Baltimore is authorized and directed by the act to proceed to classify and list for taxation, as provided by the act, for the year 1913, all landed property in the city of Baltimore which, on the 1st day of November, 1912, was in a situation to come under the requirements of either of said classes. ”

“ There can be no question that paving with brick in front of the property of the complainant conferred a substantial benefit, and gave authority for the subsequent legislation which, because of that benefit, original and continuing, warranted an assessment upon the property owner for a confessedly public purpose,-the improvement of the streets of the city. ”