David Josiah Brewer

“ There is no real hardship in enforcing this rule, for if the individual seeking to maintain his homestead entry fails by reason of any defect he has no recourse on the government for the fees he has paid or for any compensation for the time and labor he has expended, while, on the other hand, the general provision of railroad land grants is to the effect that if the title to any tract within the place limits fails the company may reimburse itself by a selection within the indemnity limits. ”

“ But we think it is not a true construction of the land laws that a specified right given to a limited class to take by purchase particular tracts is in any just sense the equivalent of the general right of all citizens to purchase public lands. ”

“ Before, however, the act of 1880 was passed his entry had been canceled by reason of a failure to comply with the requirements of the homestead law in occupation, proofs, and payment of the final fees. Indeed, he could not have made the proofs because he had abandoned the land. But the act of 1880 was passed before the railroad was definitely located adjacent to this land, and it was the opinion of the circuit court of appeals, which is approved by a majority of this court, that its effect was to except the tract from the grant to the Northern Pacific. ”