Oliver Wendell Holmes, Jr.

“ At that time, May 1, 1911, the only relevant classification in the statutes, we believe, was of coal lands within 15 miles of a railroad, valued at not less than $20 per acre, and those more than 15 miles from one, valued at not less than $10 per acre. ”

“ The moment that lands were relinquished at the request of the Secretary a contract was made and the Government was bound to convey to the Company such vacant lands within the Territory as the Company should select provided only that they were of equal quality. In theory of law the obligation was immediate when the selection was made, if it complied with the condition. ”

“ These are two bills in equity brought in respect of different parcels of land but seeking the same kind of relief against the Secretary of the Interior, and raising the same question of law. The facts are simple. Under the land grant to its predecessor, the Atlantic & Pacific Railroad Company, the Santa Fe Pacific Railroad Company was the owner of coal lands in New Mexico. ”