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The Obligation To Do Justice

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  • Legalbear
    The obligation to do justice rests upon all persons, natural and artificial, and if a county obtains the money or property of others without authority, the
    Message 1 of 1 , Apr 20, 2011

      "The obligation to do justice rests upon all persons, natural and artificial, and if a county obtains the money or property of others without authority, the law, independent of any statute, will compel restitution or compensation." Marsh v. Fulton County, 10 Wall. 676, 684; City of Louisiana v. Wood, 102 U.S. 294, 298-299; Chapman v. County of Douglas, 107 U.S. 348, 355. To say that the county could collect these unlawful taxes by coercive means and not incur any obligation to pay them back is nothing short of saying that it could take or appropriate the property of these Indian allottees arbitrarily and without due process of law. Of course this would be in contravention of the Fourteenth Amendment, which binds the county as an agency of the State. Ward v. Board of Commr's of Love Cty., 253 U.S. 17, 24 (1920).

       

       

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