United States v. Union Pacific Railroad

Mr. Justice Frankfurter, whom Mr. Justice Burton and Mr. Justice Harlan join,

dissenting.

This is a suit by the United States to restrain respondent railroad company from removing oil and gas from the land forming respondent’s right of way and to quiet title to those mineral deposits in the United States. The controversy arises out of the Act of July 1, 1862, 12 Stat. 489, the purpose of which is described by its title “An Act to aid in the Construction of a Railroad and Telegraph Line from the Missouri River to the Pacific Ocean, and to secure to the Government the Use of the same for Postal,…