George Shiras, Jr.

“ It seems to be the theory of the petitioners that, under the provisions of the act of Congress, they have a right to connect their railroads, now or to be constructed, with the railroad of the Union Pacific Railway Company, and that they have, therefore, a right to intervene in the foreclosure proceedings, in order to protect their right to so connect and to protect the right of the public in such railroad connections.
As heretofore stated, the circuit court denied the petitions for leave to the intervene, and upon appeal to the circuit court of appeals that court dismissed the appeals. ”

“ It is contingent, because it is conditioned upon the construction of a railroad. It is speculative, because it depends for its existence upon the question whether or not capitalists shall see sufficient profit in the construction of such a railroad to induce them to put in the necessary meney for that purpose. It is future, because it has not yet come into existence, and it is possible, because it may come into existence. ”

“ Cases of this sort are those where there is a fund in court undergoing administration to which a third party asserts some right which will be lost in the event that he is not allowed to intervene before the fund is dissipated. ”