Sarah Hibben v. William Smith

• Decision Date: 30 November 1903
• Docket Number: No. 59,59
• Parties: SARAH A. HIBBEN, Plff. in Err. , v. WILLIAM C. SMITH et al
• Court: U.S. Supreme Court

191 U.S. 310

24 S.Ct. 88

48 L.Ed. 195

SARAH A. HIBBEN, Plff. in Err.,

v WILLIAM C. SMITH et al.

No. 59.

Argued November 5, 6, 1903.

Decided November 30, 1903.

The plaintiff in error seeks by this writ to review the judgment of the supreme court of the state of Indiana, affirming a judgment in favor of one of the defendants in error. William C. Smith, foreclosing the lien of an assessment levied upon certain real estate in the town of Irvington, belonging to the plaintiff in error. The plaintiff Smith brought this action to foreclose the lien, and alleged in his complaint that he was the contractor for the doing of the work for a local improvement on Washington street in the town mentioned, and had complied with all the provisions of the statute and with his con- tract, and had finished the work, and was entitled to payment for the same; that an assessment to provide for such payment had been duly imposed by the board of town trustees upon the property abutting on the portion of the street where the improvement was made, and that the defendant, Sarah A. Hibben, was the owner of lots abutting on that improved portion of the street, and her assessment amounted to over $5,000, which she had not paid; that the assessment was then due with 6 per centum interest, and the plaintiff prayed that the lien might be foreclosed against her property, and that it might be sold for the satisfaction of the assessment, and for other proper relief in the premises.

The defendant Hibben demurred to the complaint, and the same having been overruled, she filed an answer thereto. She also filed a cross complaint. The answer and cross complaint set up the same facts in substance, and they both averred the unconstitutionality of the act of the legislature of Indiana providing for the improvement of streets under which the improvement in question was made, and also it was objected to the validity of the assessment that the alleged improvement was of no benefit to many of her lots, and that, on the contrary, the assessment upon such lots was greater than their value, and resulted in a substantial confiscation of her property in those lots; also that the assessment had been made by the front foot and without reference to the benefits received from the improvement, and that no hearing before the board of trustees was had and no consideration given to the question of whether or not the abutting property or any part thereof was specially benefited in an amount equal to, less than, or in excess of, the amounts fixed by the assessments which were confirmed by such board, but, on the contrary, that the assessments were made and confirmed upon the theory and belief that the statutes of the state established the rule of assessment at the same fixed price per lineal front foot on each side for the whole improvement, and that no change could be made therein by the board of trustees, and that the board refused at such hearings to hear or consider any objection to the assessment based upon any inquiry into the amount of special benefit accruing to any abutting lot or parcel of land.

It was also averred in the answer and in the cross complaint that all the members of the board of trustees of the town of Irvington were residents of that town and taxpayers therein, and that two members of the board were owners of lots abutting upon said improvement, and assessed therefor at the same rate per lineal front foot as the others, and it was averred that no assessment could legally be levied by such a board of trustees, and the assessment was, for that reason, wholly void.

These defenses contained in the answer, and which were also set up in the cross complaint, were severally demurred to by the complainant Smith, and the demurrers sustained, and upon the refusal of the defendant Hibben to amend, judgment enforcing the lien was entered, which, upon appeal to the supreme court of Indiana, was affirmed. [158 Ind. 206, 62 N. E. 447.]

Messrs. Russell T. MacFall, Murat W. Hopkins, and Merrill Moores for plaintiff in error.

[Argument of Counsel from pages 312-318 intentionally omitted] Messrs. Lawson M. Harvey, William A. Pickens, Linton A. Cox, and Sylvan W. Kahn for defendants in error.

Statement by Mr. Justice Peckham:

[Argument of Counsel from pages 318-320 intentionally omitted] Mr. Justice Peckham, after making the foregoing statement of facts, delivered the opinion of the court:

The supreme court of the state of Indiana has held the statute to be constitutional under which this lien was established and judgment entered for its foreclosure. That court has held that under the state Constitution an assessment arbitrarily by the front foot is unconstitutional, but that the statute in question provides only a rule of prima facie assessment by the front foot, and that such assessments are subject to review and alteration by the common council or board of trustees upon the basis of special benefits received from the improvement, and the common council and board of trustees not only have the power, but it is their imperative duty, to adjust an assessment to conform to the actual special benefits accruing to each of the abutting property owners. Adams v. Shelbyville, 154 Ind. 467, 49 L. R. A. 797, 57 N. E. 114; Schaefer v. Werling, 156 Ind. 704, 60 N. E. 149; Martin v. Wills, 157 Ind. 153, 60 N. E. 1021; Leeds v De Frees, 157 Ind. 392, 61 N. E. 930; Shank v. Smith, 157 Ind. 401, 55 L. R. A. 564, 61 N. E. 932.

Schaefer v. Werling, 156 Ind. 704, 60 N. E. 149, has been affirmed upon writ of error by this court, 188 U. S. 516, 47 L. ed. 570, 23 Sup. Ct. Rep. 449, where it was held that the statute in question was not in conflict with the Constitution of the United States, and the principle was reiterated in that case that the construction placed by the highest court of a state upon a statute providing for paving the streets and distributing the assessment therefor was conclusive upon this court. See also Merchants' & Mfrs.' Nat. Bank v. Pennsylvania, 167 U. S. 461, 42 L. ed. 236, 17 Sup. Ct. Rep. 829.

The amount of benefits resulting from the improvement is a question of fact, and a hearing upon it being assumed, the decision of the board is final. No constitutional question of a Federal nature arises therefrom.

If the board of trustees refuse to hear the owners of property abutting the street improvement, in regard to the subject of benefits, and arbitrarily proceed to levy the assessment solely according to the front foot, the supreme court of Indiana has held that such lot owner was not without remedy, and that he could, by mandamus or injunction, compel a hearing as to the amount of the assessment upon each lot, or prevent the approval of the engineer's report until such hearing had been accorded, and that the lot owner could not waive such a remedy and make the denial of a hearing available as a defense in an action to collect the assessment. Shank v. Smith, 157 Ind. 401, 55 L. R. A. 564, 61 N. E. 932. Under the cases above cited this court follows the decision of the supreme court of Indiana upon this question of remedy. The claim set up on the part of the lot owner, that there can be no due process of law under which an assessment can be made which does not provide for a review of such assessment and a hearing by a court, is not tenable. Assuming the necessity of a hearing before an assessment can be made conclusive, the law may provide for that hearing by the body which levies the assessment, and after such hearing may make the decision of that body conclusive. Although in imposing such assessments the common council or board of trustees may be acting somewhat in a judicial character, yet the foundation of the right to assess exists in the taxing power, and it is not necessary that in imposing an assessment there shall be a hearing before a court provided by the law, in order to give validity to such assessment. Due process of law is afforded where there is opportunity to be heard before the body which is to make the assessment, and the legislature of a state may provide that such hearing shall be conclusive so far as the Federal Constitution is concerned.

In Fallbrook Irrig. Dist. v. Bradley, 164 U. S. 112, 168, 41 L. Ed. 369, 392, 17 Sup. Ct. Rep. 56, 67, it was said that——

'Due process of law is not violated, and the equal protection of the laws is given, when the ordinary course is pursued in such proceedings for the...