by John Marshall Harlan

“ It is unreasonable to suppose that congress intended to limit the right of entering coal lands to 160 acres in the case of an individual, and to 320 acres in the case of an unincorporated association, and leave the way open for an incorporated association by means of entries made for its benefit in the names of its agents, officers, stockholders, employes, and agents, to acquire public coal lands without any restriction whatever as to quantity. The language of the statute, to say nothing of the policy which underlies it, does not require or permit any such interpretation of its provisions. ”

“ It is contended by the defendant that the United States is subject, as a suitor, to the same rules that control courts of equity when determining, as between private persons, whether particular relief should be granted; that the government asking equity must do equity; and, consequently, that the bill is defective in not containing a distinct offer to refund the moneys which, it is alleged, were furnished by the defendant to the several persons to whom patents were issued. ”

“ In the matter of disposing of the vacant coal lands of the United States, the government should not be regarded as occupying the attitude of a mere seller of real estate for its market value. It is not to be presumed that the small price per acre required from those desiring to obtain a title to such lands had any influence in determining the policy to be adopted in opening them to entry. ”