Rufus Wheeler Peckham

“ The argument in favor of the jurisdiction, as thus placed by the counsel for the plaintiffs in error, seems to have been sufficient to convince the court; for in its opinion the question of jurisdiction is not adverted to in any way, and is assumed to exist. Of course, having jurisdiction to review the state court in regard to this federal question, it then became proper for this court to determine for itself what was the contract, and whether it had been impaired by any subsequent legislation of the state. ”

“ Where the federal question upon which the jurisdiction of this court is based grows out of an alleged impairment of the obligation of a contract, it is now definitely settled that the contract can only be impaired, within the meaning of this clause in the constitution, and so as to give this court jurisdiction on writ of error to a state court, by some subsequent statute of the state which has been upheld, or effect given it, by the state court. ”

“ The later statute is not given effect to by the judgment of the court.
The state of Texas, by the act of 1883, withdrew its public lands from sale. The prior act of 1879 had offered them for sale. Whether the act of 1883 withdrew them, or not, could have no bearing upon the question whether these defendants had complied with the act of 1879 in relation to having the surveys made of the lands which they applied to purchase. If the lands had not been withdrawn, the parties' rights in them would depend upon whether they had been surveyed; and, if they had not, they had no right to them. ”