Edward Douglass White

“ And it is obvious that this standard, when complied with, would serve not only to demonstrate the fixed intention of the railroad to appropriate, but also to give tangible and indubitable evidence to others of the right of way appropriated, thus preventing injury to innocent persons which might result from their selection of land in ignorance of the fact of its prior appropriation. ”

“ Giving sanction to a previous course of administrative construction dealing with unsurveyed public land, it was held that an appropriation of the right of way by a construction of the road under the statute gave the railroad the paramount right, and that the provision of the statute concerning the filing of a map and profile in the local land office was intended not to deprive of the power to fix and secure the right of way by construction in advance of filing such map and profile, but simply to afford the means of securing the right of way in advance of construction. ”

“ The claim of the settler was that a mere entry of the railroad for the purpose stated was not a construction within the meaning of the Jones Case, while that of the railroad was 'that an entry upon the land to locate the road is as necessary as an entry on the land to build the road, and, being there, the railroad 'could not become a trespasser, either as to the government or as to the plaintiff. ”