Spokane & British Columbia Railway Co. v. Washington & Great Northern Railway Co.

Citations

• 219 U.S. 166
• 55 L. Ed. 159
• 31 S. Ct. 182
• 1911 U.S. LEXIS 1627

Syllabus

<p>No one can take advantage of the forfeiture provided for non-performance of a condition subsequent in a land grant in prcesenti, except the Government, Schulenberg v. Harriman, 21 Wall. 44; nor can there 'be any forfeiture on the part of the United States without appropriate judicial proceeding equivalent to office found or legislative assertion of ownership.</p> <p>Although the grant of right of way involved in this action made by the act of June 4, 1898, c. 377, 30 Stat. 430, provided for grading and completion of a specified number of miles of track, failure to do so did not operate as a forfeiture without action by the Government or render the grant null or void leaving the land open for settlement or location by another railroad.</p> <p>Whether a granted rij ' ,s ay to a railroad under act of Congress has been abandoned by me grantee or whether the grantee is es-topped to make claim thereunder, are not Federal questions and the decision of the state court is not reviewable here.</p> <p>49 Washington, 280, affirmed.</p>