Page:Federal Reporter, 1st Series, Volume 4.djvu/384

 370 ;, PEPERAIi REPORTER. �levîed in violation of the provisions of section 7 of the by- laws, which provides that "the trustees shall allow no indebt- edness to accrue in excess of the amount of assessment levied." A similar question seems to have been raised in Davidson v. New Orleans, and overruled by the state court, which ruling v?as sustained by the supreme court of the United States. Says the latter court: "If the act under ■which the former assessment was made is relied on as a con- tract against further assessments for the same purpose, we con- cur with the supreme court of Louisiana in being unable to discover sueh a contract." 96 U. S. 106. �In case the first assessment proves insuJEcient to pay the expenses of a reclamation once inaugurated, the statute itself authorizes a second assessment to be made to make up the deficiency; and the supreme court, in oneof the cases arising under this act already cited, holds such second assessment under the act to be valid, ûotwithstanding the provision in the by-laws now under consideration. �In my judgment, the authorizing the assessments to be col- lected in gold coin did not impair the obligation of any con- tract. The states are authorized to require taxes and assess- ments to be collected in coin if deemed expedient. Lane Go. V. Oregon, 1 Wall. 73. Gold coin is lawful money of the country, and is legal tender in payment of debts. The stat- ute itself makes no distinction, between it>and other lawful money also made a legal tender. �I need not inquire whether Eeclamation District No. 108 could successfully set up the statute of limitations to any por- tion of its indebtedness. The defendant is not in a position to raise the question as a defence to this action. The statute mightrun against its patient creditors, while the Eeclamation District is earnestly and vigorously pressing its suits to col- lect the assessments in order to enable it tô pay its debts. �The expenses of coUecting the assessments, among which' are proper attorney and coùnsel fees in prosecuting suits for their recovery,;are, in my judgment, proper "inoidental ex- penses," within the meaning of the statute, to be paid out of the funds raised ; and the f act that the statute makes it the ����