Daily v. Swope
Citations
- 47 Miss. 367
Syllabus
<p>1. Local assessments fob local impboyements. — Ifc is well settled that it is competent for a state legislature to authorize the construction, or to construct, or aid in construction, of local public improvements, by means of local taxation.</p> <p>2. Mississippi biveb levees. — The protection of lands subject to overflow is a proper object for the exercise of this power of local improvement and taxation.</p> <p>3. General principle. — Those who are chiefly partakers of the benefits of such local public works should bear a proportionally larger share of the costs.</p> <p>4. Taxing power. — Municipal corporations, counties, or other artificial districts or subdivisions, have no inherent power of taxation. Their right to tax is by delegation from the state.</p> <p>6. <e Equal and uniform taxation.” — The “ taxation ” which is required by § 29 of article XII of the constitution of Mississippi, to be ei equal and uniform,” and upon the ad valorem principle, is such taxation as the legislature may impose for the use of the state at large, and does not include assessments on property in a defined locality for improvements supposed to be chiefly beneficial to a specified class of property, and which for this reason is charged with the expense; nor do any general tax laws or exemptions apply to such local assessments.</p> <p>6. Constitutional and statutory construction. — The constitution is a law, differing from a statute only in its paramount force in cases of conflict: and it is a safe rule to give to terms used in the constitution such meaning and application as they have received from legislative and judicial interpretation; except in cases where it is apparent that a more general or restricted sense was intended.</p> <p>7. Same — judicial construction in other states. — When provisions have been adopted into the constitution of this state, from those of other states, it must be presumed that the framers of our constitution were conversant with, and designed to adop
Judges: Slmrall
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27 cases in this archive cite this case; the 20 most cited are listed.
- Lainhart v. CattsSupreme Court of Florida· 1917-03-29· cited 129×
- Consumers Coal Co. v. City of LincolnNebraska Supreme Court· 1922-07-19· cited 58×
- Reelfoot Lake Levee District v. DawsonTennessee Supreme Court· 1896-06-30· cited 47×
- McKinney v. BarkerCourt of Appeals of Kentucky· 1918-05-14· cited 46×
- Speer v. Mayor of AthensSupreme Court of Georgia· 1890-07-12· cited 45×
- Beck v. AllenMississippi Supreme Court· 1880-10-15· cited 23×
- Rolph v. City of FargoNorth Dakota Supreme Court· 1898-06-04· cited 21×
- Adams v. KuykendallMississippi Supreme Court· 1903-10-15· cited 21×
- State ex rel. Howie v. BrantleyMississippi Supreme Court· 1917-03-15· cited 21×
- Vahlberg v. KeatonSupreme Court of Arkansas· 1889-05-15· cited 20×
- Lord v. DunsterCalifornia Supreme Court· 1889-06-18· cited 19×
- Ratliff v. BealeMississippi Supreme Court· 1896-10-15· cited 18×
- State v. LawrenceMississippi Supreme Court· 1914-10-15· cited 17×
- People ex rel. Lincoln County v. GeorgeIdaho Supreme Court· 1891-06-03· cited 12×
- Nugent v. City of JacksonMississippi Supreme Court· 1895-03-15· cited 11×
- Adams v. Bank of OxfordMississippi Supreme Court· 1900-10-15· cited 10×
- Clarksdale Insurance Agency v. ColeMississippi Supreme Court· 1905-11-15· cited 10×
- Mississippi School for the Blind v. ArmstrongMississippi Supreme Court· 1953-01-26· cited 8×
- Alcorn v. Bliss-Cook Oak Co.Supreme Court of Arkansas· 1918-02-25· cited 8×
- Postal Telegraph & Cable Co. v. RobertsonMississippi Supreme Court· 1917-10-15· cited 6×
Cites
5 cases in this archive are cited by this case.
- Mayor of Baltimore v. Proprietors of Green Mount CemeteryCourt of Appeals of Maryland· 1855-06-15· cited 50×
- Williams v. CammackMississippi Supreme Court· 1854-04-15· cited 46×
- Nichols v. City of BridgeportSupreme Court of Connecticut· 1854-06-15· cited 44×
- Municipality Number Two v. WhiteSupreme Court of Louisiana· 1854-06-15· cited 6×
- Lessee of Douglas v. DunlapOhio Supreme Court· 1840-12-15· cited 2×
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