Oliver Wendell Holmes, Jr.

“ But while that may be true as a general doctrine, it cannot apply when a state has authorized and confirmed an assessment and a mortgage of it as security for bonds that the public is invited to buy, and has provided in terms for a collection by a receiver appointed in equity if there should be a default. There is no longer any legislative act to be done, and there is no usurpation of powers in following the course provided by state law. ”

“ We see no reason why it should not succeed. Campbellsville Lumber Co. v. Hubbert, 112 F. 718, 50 C. C. A. 435; Stansell v. Levee Board (D. C.) 13 F. 846; Supervisors v. Rogers, 7 Wall. 175, 19 L. Ed. 162.
The respondent attempted to open the general merits of the case. If there is anything in the effort, which we do not imply, we shall leave that for further consideration below. The Circuit Court of Appeals regarded the case as stopped at the outset by want of jurisdiction. In that we think it erred. ”