(Download) "Stewart V. Verde River Irrigation And Power District" by Arizona Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Stewart V. Verde River Irrigation And Power District
- Author : Arizona Supreme Court
- Release Date : January 24, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
It is the contention of plaintiff that the demand made by defendant upon it for the payment of the fee above set forth was unlawful for the reason that section 3316, supra, by virtue of which the demand was made, is unconstitutional. In support of its contention, it raises four points, (1) that the amount so demanded is a tax and that the section, therefore, violates the provisions of section 1, article 9, of the Constitution of Arizona which require, "All taxes shall be uniform upon the same class of property within the territorial limits of the authority levying the tax"; (2) that it violates the provisions of section 9 of said article, which requires that, "Every law which imposes, continues, or revives a tax shall distinctly state the tax and the objects for which it shall be applied"; (3) that it violates the Fourteenth Amendment to the Constitution of the United States, in that it seeks to deprive the plaintiff of its property without due process of law, and to deny to plaintiff the equal protection of the law; and (4) that, if the charges required by the statute are no taxes, but are fees, they are so grossly out of proportion to the reasonable value of the service rendered by the water commissioner that they amount to an arbitrary imposition and tax placed upon plaintiff.