McFadden v. Longham

Citations

• 58 Tex. 579
• 1883 Tex. LEXIS 69

Syllabus

<p>1. Constitutional law — Taxation.—The act of April 18, 1879, in so far as it attempted to authorize a collector of taxes to collect in the manner and under the circumstances therein specified the sum of §25 a section for each section of public school lands inclosed, from the person inclosing or controlling it, is unconstitutional.</p> <p>2. Taxation.— While the enforcement of a valid tax, by whatever method, does not constitute a taking of property without due process of law in the sense of the constitution, and is not a taking of private property for public use within the meaning of that instrument, it is not within the power of the state to collect under arbitrary and ex parte proceedings, as a tax, a sum of money which the statute declares shall be paid by the occupier of school lands as rent.</p>