David Josiah Brewer

“ It is familiar knowledge that the circuit courts of the United States are not compelled, in granting preliminary injunctions, to take from the plaintiff a bond of indemnity to the defendant, and frequently they do not take any. As in such cases the matter of a bond is within the discretion of the judge, so, whether a bond shall be required as preliminary to an inspection is a matter within the discretion of the state. The right to an inspection does not depend upon a bond, and the order for an inspection does not cease to be due process of law because a bond is not required. ”

“ To 'establish justice' is one of the objects of all social organizations, as well as one of the declared purposes of the federal constitution; and if, to determine the exact measure of the rights of parties, it is necessary that a temporary invasion of the possession of either for purposes of inspection be had, surely the lesser evil of a temporary invasion of one's possession should yield to the higher good of establishing justice ”

“ Plaintiff brought suit to recover damages therefor. It was held that the act authorizing such entry without compensation was not unconstitutional. Other instances of like temporary occupancy were referred to by the court in its opinion, such as the act of the sheriff, with criminal process against an individual, going to arrest him on the land of a third party; entering upon the lands of an individual for the purpose of surveying for a highway, when, as a result of such survey, the purpose of establishing the highway is abandoned. ”