Oliver Wendell Holmes, Jr.

“ The direction to file a map of the route adopted and the land to be taken, coupled with the other provisions that we have recited, appears to us to have in view the route and the land needed for the route, and only that, not the thousand square miles that the plaintiff claims. In the next place the plaintiff had given no notice to anybody, and notice to occupants of the land is a condition to the existence of any right. And finally, it is held in New York and affirmed by this court, that no such right, even for the route of a railroad, is created as against the state by the filing of a map. ”

“ But we are of opinion that the groundlessness of the bill is so obvious that it fairly may be said that no substantial constitutional question appears.
The charter of the company, of course, could be repealed without impairing the obligation of a contract, as the right was reserved, as usual, in the Constitution of the state. Calder v. Michigan, 218 U.S. 591, 54 L. ed. 1163, 31 Sup. Ct. Rep. 122. ”

“ They concern the effect of filing a map of a railroad route, and only when coupled with notice to the landowners concerned. We should be more inclined to follow Sauer v. New York, 206 U.S. 536, 51 L. ed. ”