Joseph McKenna

“ The second defense alleges that under certain acts of Congress, subsequent to the act of 1862, and prior to the incorporation of the companies, the right of way of the companies was made 200 feet wide instead of 400 feet; that is, 100 feet from the center line of the railroad track. That the land sued for, which is in possession of the defendants, is more than 100 feet from such center line; that neither plaintiff nor any of its predecessors have been in possession of any portion thereof, and have not used the same, nor has it needed to use the same for railroad purposes. ”

“ The third defense alleges that the right received by the corporation which was created by the act of Congress of 1862, or by its successors or assigns, was, at most, the grant of a limited fee, and made on the condition that the property should revert to the United States if it should not be appropriated and used for a railroad within a reasonable time, or should cease to be used for railroad purposes. ”

“ Courts will not, as we have seen, enforce a literal interpretation when by doing so antecedent rights are affected or human conduct given a consequence it did not intend. Such a purpose the courts refuse to assign to the legislature unless compelled by language explicit and imperative. ”