David Josiah Brewer

“ Noticing this distinction, he also notes the fact that a contest in respect to the validity of a patent for agricultural lands can be litigated in the Federal courts, and hence draws the inference that a contest preliminary to a patent for mineral lands, and involving the right thereto, must also be one which can be litigated in the same courts. ”

“ Without this authority the action for the purposes avowed by the statute could not be maintained.' 2 Lindley, Mines, § 748. A statute authorizing an action to establish a right is very different from one which creates a right to be established. ”

“ While it may be conceded that the matter is not free from doubt, nevertheless our re-examination has not led us to change our former views. We deem it unnecessary to restate all the reasons given in the opinion then delivered, and yet some matters may appropriately be noticed. ”

“ Rep. 971. But incidental matters such as these are not decisive, especially as confessedly the statute leaves the jurisdiction over those cases in which the matter in controversy does not exceed $2,000 in value in the state courts. This fact shows conclusively that Congress was not intending to carve out a new jurisdiction for the Federal courts, and also that it did not doubt that the state courts would carry into effect its enactments in reference to limitations and procedure. ”