Joseph McKenna

“ The act provides that all conveyances and agreements heretofore made by the enumerated railway or railroad companies 'of certain land forming part of the right of way' under the act of Congress of July 1, 1862, 'and all conveyances or agreements confining the limits of said right of way, or restricting the same, are hereby legalized, validated, and confirmed to the extent that the same would have been legal or valid if the land involved therein had been held by the corporation making such conveyance or agreement under absolute or fee-simple title. ”

“ To do so would cause in a high degree the evil and injustice of retroactive legislation. As said by plaintiff's counsel, the possession of defendant prior to the statute 'had no effect on the title, and was not, as between the parties, even a threat against it.' And we are loath to believe that Congress intended by an imperative declaration of law, immediately operating, to give defendant's possession another character,-one hostile to the title.
Defendant does not combat plaintiff's contentions based on considering the act of June 24th as one of limitation. ”

“ The ground of the asserted right of defendant is alleged to be an act of Congress entitled, 'An Act Legalizing Certain Conveyances Heretofore Made by the Union Pacific Railroad Company,' approved June 24, 1912 [37 Stat. at L. 138, chap. 181] , which act, it is alleged, is unconstitutional in that it seeks to deprive plaintiff of its vested rights and titles in and to the lands, and to deprive it of its lands and property without due process of law. ”