Citation Codes Equivalent Citations citation codes Docket Number 12348 Attorney(S) Messrs. Lide McCandlish, for appellant, cite: Legislature has power to constitute a drainage district a political subdivision: 137 S.C. 496. A drainage district, formed pursuant to drainage laws of this State, held not to be a political subdivision within the meaning of the Constitution: 103 S.C. 191. Will bonds constitute a primary obligation of the district: Secs. 3260, 3227, 3258, Code. When those benefited are required to pay in excess of benefits received, then unlawful taking of property results: 19 C.J., 731; 90 Am. Dec., 641; 24 A.L.R., 934; 2 A.L.R., 609; 9 A.L.R., 590; 43 L.Ed., 443. Special assessments are a species of taxation and the Legislature may provide that they may be apportioned to the property benefited according to the foot, area, or value: 31 L.Ed., 763; 45 L.Ed., 879; 60 L.Ed., 266; Id., 624; 19 C.J., 732. In the absence of action that is clearly arbitrary on the part of the Legislature the Court will not attempt to go behind its findings: 60 L.Ed., 523. Messrs. Gibson Muller, for respondent, cite: Issuance of bonds creates a primary obligation: Secs. 3250, 3260, Code; 72 S.E., 996; 5 A. E. Ann. Cas., 196; 42 A.L.R., 1027; 40 A.L.R., 1344; 208 Pac., 27; 228 Pac., 236; 42 A.L.R., 1187; 248 Fed., 269. Court has no right to go behind the findings of the Legislature: 41 L.Ed., 369; 60 L.Ed., 273; 69 L.Ed., 355; 137 S.C. 496. Distinction between the taking of property for a public purpose and the taking without due process of law: 2 A.L.R., 609; 93 N.E., 228; 46 N.E., 437; 72 N.W., 1091; 66 S.W. 163. Legislative power to assess property: 43 L.Ed., 443; 31 L.Ed., 763; 137 S.C. 496. See more information ... Smart Summary Please sign up to generate summary. DILLON CATFISH DRAINAGE DISTRICT v. BANK OF DILLON. January 9, 1928. The opinion of the Court was delivered by MR. JUSTICE BLEASE. The decree of his Honor, Judge M.M. Mann, which will be reported, states fully the facts of this cause, and the conclusions reached by him are satisfactory to this Court. It is therefore ordered that the decree appealed from be and the same is hereby affirmed. MR. CHIEF JUSTICE WATTS and MESSRS. JUSTICES COTHRAN, STABLER, and CARTER concur.