William R. Day

“ The act of March 3, 1887, permitting bona fide purchasers of certain lands, in the manner which we have stated, to make payment and acquire title to the lands excepted from the operation of the railroad grant, was then in full force. A part of these lands had been purchased before the act granting them to the state, by the Immigration Land Company, and the Secretary of the Interior held that the title thus acquired was superior to that of the state, and patents were about to be issued, in accordance with the decision of the Secretary, to such bona fide purchaser. ”

“ The government filed a motion to dismiss the bill upon the following grounds:
'1. The court is without jurisdiction to entertain this suit because it is in substance and effect against the United States, which has not consented to be sued or waived its immunity from suit. ”

“ The act of 1892 also provides that it shall not in any manner interfere with, supersede, suspend, modify or annul the vested right of any person, company, or corporation in respect to any of the land existing at the date of the passage of the act. ”