Oliver Wendell Holmes, Jr.

“ The statute must be taken to contemplate and authorize these usual incidents of the mortgage that it invites. It cannot have expected the services to be gratuitous, and there is no reason why the cost should not be borne by those who made them requisite. It is said that the assessment is a public fund not to be applied except as its creation provides. A pretty ignoble immunity has been secured at times on that argument, but it should not be allowed to work more injustice than is inevitable. ”

“ Nor does it seem to us that the district can get immunity from the words of section 20 forbidding the board to use any money arising from the sale of the bonds for any purpose other than therein specified and expressly directed. ”