Page:United States Reports, Volume 209.djvu/589

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opportunity to be heard a? to the assessment on definite ?ays, and deft- nitely fixes the time for payment and the time for sale in case of default, ?o that he cannot f?il; if duly diUgent, to learn of the pendency of the role, he is not denied due process o! law because the notice of sale is by publication a?d not by penonal toryice; and the validity of a tax sale u?der the law of M?ahi? sustained. /xm01tcor v. Too/an, 414. pri?l?ea a,?d i,nmunitiea--Validit? ol c.. 2,38, La? ol N?, Je',? o! 190?, prohibiting division of ux?ers. Chap. 238, La?ws of New Jersey of 1905, proMblting the trez?portation of water of the State into sny other State is not unceuetitutional either as depriving riparian owners of their property without due process of law, sa impairing the obligation of contracts made by them for furniAhl- such water to peraorta without the State, as an interference with inter- etate commerce, or as denying equsl privileges ?nd immunitice to citi- zens o? other Statsa. Hudao? Water Co. v. Mc(Yarter, 349. ?ee Juelenlc'fxoH, B 4; 8'rATr. a, 5. 9. ?d ? el ?m?; a,?ai?at? ol a?,*? ?',o,?. It i? within the power of the State to divide accuasd persons into two clsaace, thaee who are, and thoee who may be, aceueed, and, if there is no dis- cr?m{n?tion within the eisner, a person in one of the elsasce is not denied the ? protection of the law? bec?uae he does not have the came right of challenge o! a grand juror as pereon? in the other dam. Lang v. New J?r?,?, 467. 10. Eq? ? of law; eal?d?t? o! N? J?ll ?tat? dia?,,?ating As construed by the highest court of that State, the statute of New Jersey providing that ehalienge? to grand jumre cannot be made after the juror has been sworn dosa not deprive a pemon accused after the grand jury has been impanelled and sworn of the equal protection of the law be- cauze one accused prior thereto would have the right of challenge. lb. 11. E?ma/protection of the/a?s; dep?vat/on/?j state ztat?/mpos/ng peno/t? a#?ctla? r?ht of r?.o?rse to courte. While there is no rule permitting a pemon to disobey a statute with impunity at leaat once for the purpose of tearing itc validity, where auch validity ca? only be determined by judicial investigetion end eouetruction, a proviaion in the statute which imposea anch aevere penalties for disobe- dience of its provizions as to intlmid?te the parties affected thereby from rceorting to the courts to te? its validity practically prohibits thoae parties from ? ?uch judiela! construction and denies them the equal protection of the.law. Ez pm?e Young, 123. 12. E?ue/ prof./on o! /ares; daaa/f?at/on of d/?t?/?d sp/r/ta in bond not a d?a/of. A elam?cation of diztllled spirits in bond, sa distinct from other proper?y