English v. Arizona, 214 U.S. 359 (1909)

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English v. Arizona


No. 180


Submitted April 26, 1909
Decided June 1, 1909
214 U.S. 359

APPEAL FROM THE SUPREME COURT
OF THE TERRITORY OF ARIZONA

Syllabus

Where there is doubt as to the construction of a statute of a territory, this Court leans towards the construction given by the supreme court of the territory, Copper Queen Mining Co. v. Arizona Board, 206 U.S. 474, and unless there is manifest error, this Court will not disturb a decision of that court, Fox v. Haarstick, 156 U.S. 674, and in this case this Court accepts the decision of the Supreme Court of Arizona in construing a revenue statute of that Territory.

The question of special benefit of assessment work and property to which it extends is one of fact. Stanley v. Supervisors, 121 U.S. 535, 550.

Property owners who have been duly notified of the meeting of commissioners in regard to a public improvement and assessment therefor are bound to take notice of the subsequent presentation in conformity with law of the report of such commissioners. Lander v. Mercantile National Bank, 186 U.S. 458.

One who promotes an improvement and appears before the commission to protest against the amount of the assessment on his property is precluded from attacking the legality of the assessment on the ground that he had no notice. Wight v. Davidson, 181 U.S. 371.

The facts are stated in the opinion.