Page:Federal Reporter, 1st Series, Volume 4.djvu/385

 EECLAMAÏIO» DIST. HO. 108 ». HAGAB. S7î �dutyof district attomeys toprosecute such actions, does not jprevent the employment of other counsel, in the sound dis- cretion of the officers of the district, in proper cases, to aid in the litigation. Smith v. Sacramento, 13 Gai. 532; HornUower T. Duden, 35 Cal. 668-9. This identical point is said, in com- plainant's brief, and not denied by defendant, to have beeu decided by the supreme court of Califôimia, December 29, 1879, in three cases: Reclamation Dist. No. 108 v. Hickock, Same v. Hotvell, and Same t. HoiveU et al. If so, the deter- mination is authoritative. �The supreme court of California have settled the questioft that, under the '.constitution of California, the legislature has power to-autborize the formation of districts for the reclama- tion of swamp lands within the state, at the expense of the lands 80 reclaimed. Hagar v. Sup'rs Yoh C6. 47 Cal. 223 ; People V. Hagar, 52 Cal. 171 ; People v. Reclamation Dist, No. 108, 53 Cal. 348; Dean v. Davis, 51 Cal. 407. This being established, I bave no doubt.of its authority to include swamp lands which are deriyed under Spanish grants, or under any other patent from the United States, as well as those derived throughtfae stàte under the Arkansas act grantingthe swamp lands to the several states in which they are situated. �The power to reclaim at the expense of the lands no more depends upon the source from or channel through which the title came, thah the power to authorize the improvement of the streets of a city at the expense of the adjoining property. There is nocontract that lands patented by the United States upon granta to purehasers, or derived from Mexican grants and protected by the treaty, shall be exempt from the bur- dens imposed upon other property under the police or the taxing powers of the state. The state does not derive its power to reclaim swamp lands from the Arkansas act ; nor does it contract by that act not to reclaim other swamp lands, or to limit the expense of reelaiming to the proceeds of sales of those particular lands. Its power to reclaim is wholly independant of the provisions of that act. By accepting the grant it may have imposed upon itself the duty to reclaim the lands granted, but it thereby in no way limited its power ����