Legal Opinion

Bellingham Bay & British Columbia RailRoad v. New Whatcom

Supreme Court of the United States

Decided January 3, 1899No. 96PublishedCited by 49 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON. Prior to February 16, 1891, there were in the State of Washington two cities known as Whatcom and New What-com. On that date they were consolidated in conformity with the general laws of the 'State, the consolidated city taking the title of the “ City of New Whatcom.” In July, 1890, and prior to the consolidation, New Whatcom ordered the improvement of Elk street, between Elk street east and North street.

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ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON. Prior to February 16, 1891, there were in the State of Washington two cities known as Whatcom and New What-com. On that date they were consolidated in conformity with the general laws of the 'State, the consolidated city taking the title of the “ City of New Whatcom.” In July, 1890, and prior to the consolidation, New Whatcom ordered the improvement of Elk street, between Elk street east and North street. The contract therefor was'let in August, 1890. The contract was completed and the improvement accepted by the city, and in October,…

1Opinion of the CourtJustice Brewer

By its answer the defendant raised a Federal question, inasmuch as it alleged that the notice of the reassessment was insufficient, and specifically that by reason thereof its property was sought to be taken without due process of law and in conflict with the terms of the Fourteenth Amendment to the Constitution. This court, therefore, has jurisdiction of the case.

That notice of the reassessment was essential is not questioned, Davidson v. New Orleans, 96 U. S. 97, 105; Hagar v. Reclamation District, 111 U. S. 701, 710; Cooley on Taxation, 266; and that constructive notice by publication may…

2Cases cited4 opinions

  1. Davidson v. New OrleansSupreme Court of the United States · 1878
  2. Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
  3. Paulsen v. PortlandSupreme Court of the United States · 1893
  4. Lent v. TillsonSupreme Court of the United States · 1891

3Cited by49 opinions

  1. Yakus v. United StatesSupreme Court of the United States · 1944
  2. Goodrich v. FerrisSupreme Court of the United States · 1909
  3. Robert Hardin v. City Title & Escrow CompanyCourt of Appeals for the D.C. Circuit · 1986
  4. McDaniel v. McElvySupreme Court of Florida · 1926
  5. State v. Standard Oil Co. of LouisianaSupreme Court of Louisiana · 1937

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