by John Marshall Harlan

“ The reference in the deeds of 1868 and 1879 to the successors of the territory is persuasive evidence of the fact that the plaintiff contemplated the organization of its people as a state. Now that the state proposes to construct capitol buildings on the land donated for that very purpose, the plaintiff asks the intervention of a court of equity to prevent her agents from entering upon the premises until he receives compensation for what was in law a donation to the public as an organized body, whether under a territorial government or as a state. He is not entitled to such aid. ”

“ It is idle to say that the territory never accepted the conveyance. Upon what legal ground, then, can the appellant defend his resumption of possession in 1879? His conveyance contained no condition under which he could demand the erection of a capitol building within any specified time, in default of which the property would revert to him. ”

“ The territorial legislature wisely invested commissioners with authority to accept a conveyance of an absolute feesimple title, and reserved to itself the determination of all questions concerning the time within which the proposed buildings should be erected. ”