by John Marshall Harlan

“ Even if the fact be otherwise, it is not for a court of equity by its decree to decide, in the first instance, that the selections made by the railroad company of lieu lands shall be approved by the Secretary, or to decide what lands should be on the lists required to be furnished to the railroad, granted under the act of 1898, or to control directly or indirectly the work which Congress, with the assent of the railroad grantee, has committed to one of the Departments of the government, or by an order interfere with the prosecution by the defendants of their claims under the act of 1898. ”

“ The court should not assume that they are embraced by the act, in order simply that it may have an opportunity, as between the present parties, to decide a question of law which cannot appropriately arise until at least all the facts are ascertained by the Land Department, and final action is taken under the statute of 1898. ”

“ Frisbie, 101 U.S. 473, 475, 25 L. ed. 800, 801: 'We have repeatedly held that the courts will not interfere with the officers of the government while in the discharge of their duties in disposing of the public lands, either by injunction or mandamus. . . . ”