Atchison, Topeka & Santa Fe Railway Co. v. Board of County Commissioners

Believing as I do that the affirmance of this judgment strips from taxpayers the protection of a statute which has stood unshaken for more than half a century, sanctions, by indirection, a plain violation of the Constitution, and covers a fraud with the cloak of an inapplicable technical rule whose protection it has not even invoked, I must dissent.

The reasons urged by counsel for a reversal are not answered. I assume, therefore, they are considered as probably valid but for that given by the court. But since those reasons involve important legal questions fairly presented, I think they ought…