Rufus Wheeler Peckham

“ The lands were within the limits of the land grant at the time of the entry, and so remained for many years, and up to the time of the act of forfeiture by congress. Whether the railroad would fulfill its obligations, and in good time build its road through the land grant, was a matter which the future alone could determine, was a matter which the entryman could judge of as well as the government, and was a matter in regard to which the government gave no guaranty, express or implied. ”

“ The person has the right, under the act, to obtain a warrant from the secretary of the interior for the repayment of the excess therein mentioned, and for the purpose of obtaining it he must make his application and prove the facts which the statute provides, and then the secretary is to draw his warrant on the treasury. This constitutes the right of the appellant. Applying for the warrant is not a remedy. When application for repayment is made, there is nothing to remedy. ”

“ The applicant filed his petition in the court of claims, and that court gave him judgment, which was here affirmed. It is true that no question of jurisdiction was raised; but, if the case at bar was properly decided by the court below, the court in that case had no jurisdiction, because the right to obtain redemption or payment was given by the same statute which provided the procedure to secure it, and the so-called remedy would have been exclusive in that case, as it is held to be exclusive in this. ”