George Shiras, Jr.

“ Passing from the question of jurisdiction, we come to the contention of the plaintiff in error that Ziegler, as a mere settler upon lands of the United States, although with an intention to obtain a title to the same under the pre-emption laws, did not have such a vested interest in the land as would avail against the railway company in asserting its right of way conferred by the act of congress. ”

“ The plaintiff's complaint, therefore, discloses the case of a contest between a settler claiming title under the laws of the United States and a railroad company claiming a right under an act of congress; and of such a case the circuit court for the district of Washington clearly had jurisdiction. ”