“ So that if the secretary of war, who was invested with large discretion in determining what land was actually required to accomplish in the best manner the object congress had in view, found it necessary to take, and has taken and used, and still holds, lands of the plaintiff for the proposed dam, which happen not to be covered by the survey and map, the United States are as much bound to make just compensation therefor as if such lands had been actually embraced in that survey and map. ”

“ It is to be assumed that the United States is incapable of bad faith, and that congress will promptly make the necessary appropriation, whenever the amount of compensation has been ascertained in the mode prescribed by the act of 1882.
It is scarcely necessary to say that it is immaterial that the plaintiff invoked the jurisdiction of the court of claims from fear that, if it did not file its petition in that court within the time limited, it might lose the right to demand compensation for its property. ”

“ These are questions of much interest, and their examination, in the light of the authorities, might not be altogether unprofitable. But this opinion need not be extended for the purpose of such an examination; for the questions propounded are not material in the determination of the present case. ”