David Josiah Brewer

“ It is unfortunate that during the years of construction, when it seemed important to hold out every inducement to the company to continue its work, the ruling and practice of the Land Department should have been unvarying in the line of securing to it the full amount of its grant, and that as soon as the road was completed and no further inducement to action by the company was needed, the ruling of the Land Department should be changed, and that theretofore done with a view of securing to it the full amount of its grant be declared void. ”

“ Capital finds little temptation in a promise, no matter how great, of lands in an unknown wilderness.
The Land Department, believing that the power so constantly exercised by it and so frequently sustained by this court still continued, made orders of withdrawal as from time to time the maps of the line of definite location were filed and approved. Indeed, the question of power in respect to this very Northern Pacific grant was distinctly presented to Secretary Teller on May 17, 1883, and affirmed by him in a letter of instructions to the Commissioner of the General Land Office. ”

“ And in order that it be not defeated, it is certainly not unreasonable to temporarily withdraw from private entry a sufficient body of land within such indemnity limits.
That in the actual administration of the Northern Pacific land grant such withdrawals of land within the indemnity limits were proper is clear from the certificate of the Commissioner of the General Land Office, of date May 2, 1896, and in evidence in this case to the effect that there is a known deficiency of 3,559,222 acres of the grant which cannot be satisfied from the limits recognized in the department. ”