De Haven v. Municipal City of South Bend

This action was instituted by the City of South Bend against appellants to enjoin the collection of the tax assessed against a portion of the city owned waterworks. The complaint challenged the constitutionality of §16, Ch. 190, Acts 1933, as being violative of Art. 4, §19, of the constitution. The complaint further questioned the legality of the tax on the ground that §16, Ch. 190, Acts 1933, under which the tax was levied attempts to amend §106, Ch. 76, Acts 1913, and that said §106, supra, was repealed by implication by Ch. 169 of the Acts of 1929 and therefore §16 of Ch. 190, Acts 1933,…