David Josiah Brewer

“ In order that such claim of the party in possession may raise a genuine federal question, there must be some reason to believe that the apparent legal title transferred by the patent from the United States was wrongfully conveyed, and that the real title in fact remains in the government; and whether there be such shadow upon the legal title of the land company that the denial of Hamblin's right to enter the land as a homestead presents a genuine, rather than a fictitious, federal question is a doubtful matter. ”

“ Of course, Hamblin is in no position to insist upon any rights of the Sioux City Company, and the case stands thus: The patent to the state for the use and benefit of the Sioux City Company was valid, unless the location in 1869 of the McGregor Company's line was valid. If the latter was valid, then the patent should have been issued to the state for the benefit of the Milwaukee Company. The question of right as between the two railroad companies has been settled by judicial decision, and Hamblin is in no position to question the force and effect of that decision. ”

“ Waterworks Co., 142 U.S. 79, 87, 12 Sup. Ct. Rep. 142. In the latter case it was said that 'the bare averment of a federal question is not in all cases sufficient. It must not be wholly without foundation. ”