David Josiah Brewer

“ Counsel urges that, inasmuch as the latter need not be verified, one might file under assumed names declaratory statements on every tract within the limits of a railroad grant prior to the time of the filing of the map of definite location, and thus prevent the railroad company from receiving any lands. This danger is more imaginary than real. In the first place, for each application fees must be paid, and it is not to be supposed that any one would throw away money for the mere sake of preventing a railroad grant from having any operation. ”

“ A practice of allowing such contests would be fraught with the gravest dangers to actual settlers, and would be subversive of the principles upon which the munificent railroad grants are based. As was said in the Dunmeyer Case, supra: 'It is not conceivable that congress intended to place these parties [homestead and pre-emption claimants, on the one hand, and the railway company, on the other] as contestants for the land, with the right in each to require proof from the other of complete performance of its obligation. ”

“ By neither the declaratory statement in a pre-emption case nor the original entry in a homestead case is any vested right acquired as against the government. For each, fees must be paid by the applicant, and each practically amounts to nothing more than a declaration of intention. ”