The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1906-03-09
MATTER Of DISCRETION
FOR THE COMMISSIONERS
Aones Barker and RAIDER Render Legal 0poon Relative to The
Good Roads Movement hey Cover The Principal Points in
The State Law

and deliver to any one of the petition
ers. a notice in writing, directed to
the resident lot or land owners, Of
ficer or agent of any private corpora
ton. and the mayor or clerk of each
city, and to the road overseer of each
road district" This notice shall set
forth the tendency, substance and
prayer of the petition, together with
a tabular statement of the assessments
and awards of damages as made by
the appraisers in their report: a copy
of such notice shall be served upon
each lot or land owner officer or agent
of private corporations, mayor or clerk
of the city, and each road district ov-
erseer. This notice shall be served
at least ten days before the day Set
for the hearing, on all resident owners
and by publication to each non-resi-
dent owner"
We are of the opinion that this act
of the legislature is intended to be
broad enough and is broad enough TO
require that notice be giNvn to each
lot or land owner whose land will be
affected by the Improvement. This
applies to each lot Or land owner in
each incorporated city, lying within
the limits, as we'll as to the land
owners in the road districts and
along the line of Improvement, who
may be assessed. The language of
the act itself is fairly clear on this
point, and the language together with
the universal requirements of the con-
stitutional provisions of our state
and nation, that no mans property
shall be taken without due process of
law" leads us to conclude that each
land owner in any city affected, or
in the road district affected and in
the Improvement boundary" must
be served with notice. This notice as
set out in the act is to give timely
warning to land owners thaa they may
appear and resist the assessment, may
offer evidence and take such steps as
they may deem necessary for pro-
lection When this is done each man
can be said to have had his day in
court and such notices having been
given the assessment Of benefit or
damages, for the taking of land or
material cannot be said to be with
out due process of law"
Every Taxpayer Affected.
Every taxpayer in the county is at
fected, but no notice to each taxpayer
in the county is required, because the
legislature has definitely fixed the
amount to be paid by the county, viz:
one-third. That which is done by the
is done by the consena of
the people, and in law the people of
the county through their representa-
tives consented that the amount to be
paid under this law is one-third. When
a man or a collecaion Of men have
to certain thing or to pay
a certain amount, no further notice
is required.
But for the land owners in the dis
trict, in the improvement boundary"
and in the Incorporated city, a diff
ferent rule prevails. The amount to
be paid by each class is indefinite,
except that in the road district it shall
not be more than one-third, in the
city ia shall not be more than one
sixth, and in the improvement bound
airy it shall not be more than one
third.
These amounts being indefinite, and
these classes and individuals compris-
ing them, having never consented to
any definite amount being assessed
against them, and the amount being
fixed by appraisers selected by others
than themselves and over whom they
have no control, the only way to make
valid such an assessment and bring
it within the constitutional provis-
ions, is by giving notice such as the
law requires; then if assessments are
taken it is by due process of law"
On this point we quote from Scott
VS.. City of Toledo, SO Fed. Rep. J..
1877: Nor is it any longer an open
question that the provision of the fed
eral constitution prohibiting the states
from depriving any person of his prop
erty without due process of law ap-
plies to taxation by the state or it's SUI
coordinate agencies, and that, In re-
spect to all such taxation BASED on
values and apportionment, and involv-
ing judicial or quasi-judicial ascer-
tainment and determination as to the
amount to be imposed upon the citi-
Zen or made a charge upon his prop
erty, due process of law demands and
requires that, at some time in the
before the tax, charge or
assessment is fixed and made final and
collected, he shall have notice, or az
opportunity to be heard in reference