“ But we are of opinion that while, on the failure of the company to complete its road within the time limited, congress might adopt measures to secure its speedy completion, no limitation was imposed on the right and power of congress, the company having failed even to commence the construction of any part of its road within the time limited, to virtually renew the grant and extend the time within which the land might be earned, with the imposition of a new condition, that, before any patent should be issued, the cost of surveying the land patented should first be paid into the treasury. ”

“ It is manifestly general legislation, applying, as to the past, to all land theretofore 'granted to any railroad company by the United States,' and to the cost of surveying such land, whether that cost had been previously incurred or expended, or was to be incurred or expended in the future. The exception created, that the provision is not to apply to a company exempted by law from the payment of the cost, is general in its language. If such a company is to be found, the exception applies to it; if it is not to be found, the provision applies to it. ”

“ It follows that congress had the power, after the lapse of the time during which the right to any conveyance could have been earned, to impose a condition upon which such right could be earned in the future. The application by the petitioner for a conveyance or patent must be taken as an assent by it to the condition imposed by the act of of 1876. ”