should withdraw these lands from market' They had provided that way, and that way only, for their reservation. None of ,these lands had been so reserved when the act of was passed, " excepting from the grant, not the lands which might be, or might have been, or ought to have been, reserved, but only those already & reserved, they granted these lands to the state for the Dakota Company. There seems to no escape fr0!U the, c<;mclusion that they intended to' reserve from, this grapt that part of the lands. here in question whlch .had been,.wlthdrawn from market, by the appointed, and in the designated,. by ,the act of 1865 fo'r t4eir and that part only. As none of these. lands, had,bE)en .so withdrawn:or reserved, none o( them were excepted In Railroad,Co. v., Whitney"1,32 U. ,8.357,366, 10 from supreme court said of the rulings of the officers of Sup. Ct., 112, the lariddepartment: ,'. " ,
"It is true .that the decisions Of the land department on matters of law are not binding upon this ,In, !Lny sellSe., ,But on questiollssimilar to the one involved in·this case tI1ey Ilre entitled to great respect at the hands of any coliN:. In U. S. v. Moore,'W U. S. 760; 768, this court said: ,'The can· structiongiven to a' statute by- those chlirged with the duty"Of executing it is alwaYIiI entitled to the. n;lOst respectful ,consideration, and ought not to be overruled. wtthout cogent reasons. .... ... II< otlicars concerned are usually able 'men and masterS of the subject. Not unfrequMtiy, they are the. draftsmen 'of the laws they are afterwards called upon tb %terpret.' See, also, Brown v. U. S., 113 U. S. 568,571, 5 Sup.' Ct. '648i.and cases there cited; U. S. V. & M. R. R., Co., 98 U. S. 334, 341; Kansas Pac. R. Co. v. Atchison, T. & S. I!'. R. Co., 112 U. S. 414, ;llS, 5 'Sup,qt.208t
It is a -gratifying fact ,that the officeJ.'sof the landdepartmel'lt, in their cousideration of thequestiunsinvolved in·this suit, reached'the same conclusion at which we have arrived. Mattson v. Co., 5 Land DeciDep. Int;356, 699; St. Panl, M. &M. Ry. Co.v. Hastings & D. Ry. Co., 13 Land Dec. Dep. Int; 440. :" The conclusion we have reached uporithe first questiop presented iu' this case renders thedi'scussion of any other question unnecessary, since the decree below Illust be affirmed, with COBts, whatever our opini:ou might be upon the other question presented. It is, accordingly,so ordered. '
NEW ENGLAND ENGINEEIUNG CO. v. OAKWOOD ST. RY. CO.
(Circuit Court. :So D. Ohio, W. D. No. 4,844.
Dllcember 28, 18»5.)
FORECT,OSURE OF LIEN-PRELIMINARY INJUNCTION.
A bill filed to foreclose a lien for mon:ey due formachhiery furnished to a street-railway compa.ny claimed a,lien upon aU the real estate, rolling stock, and. track of the company. It appeared that the property was worth more than $100,000, and that the bUilding in which the machinery furnished was' erected was worth more than $24,poO, and that .it con'· tained other machinery worth $5,000. Held" that the' court would riot issue a preliminary injunction to restrain the company from removing the machinery from the lmillling in which it was placed on the ground that this would lower the value of the pl'qperty subject to the lien, so as to constitute waste.
BOUND V. SOUTH CAROLINA RY.' CO.
This was a motion for a prelhninary injunction. Harmon, Oolston, Goldsmith & Hoadley, for plaintiff. McMahon & McMahon and Paxton, Warrington & Bontet, for de· fendant. TAFT, Oircuit Judge. The bill was filed by the plaintiff to foreclose a lien which, it is claimed, is secured to it under the statute of Ohio for the amount due on a contract for the erection of machinery to operate a street railway in the city of Dayton owned by the defendant, the Oakwood Street-RaiIwa:r Company. The bilI averred that the defendant, under a false claim that the machinery did not comply with the contract, was about to remove the machinery from the building in which it was placed, lind thereby so to depreciate the value of the property upon which the lien was secured as to constitute waste. Upon the filing of the bill a preliminary restraining order was is· sued. Subsequently the motion for a preliminary injunction came on for hearing and decision. '!'he bill asserts It lien upon all the real estate owned' by the company, upon its roIling stock, and upon its track. It is in evidence and is undisputed that the value of this property far exceeds $100,000. It is also in evidence, and undisputed, that the value of the particular house and lot in which this machinery is erected exceeds, without any machinery, $24,000. The claim herein made is for $20,000. There is evidence showing that there is machinery, :not furnished under this contract, which will remain in the building, of the value of $5,000, so that the plaintiff concedes that the value of the security far exceeds the claim. I do not think that tinder such circumstances the' case is one for a preliminary. injunction. Prelb:hinary injunctions ate granted upon a balance of convenience. If it be true, as the defendant asserts in the answer, that the machinery furnished is entirely inadequate for the purpose of the defendant in the operation of a street railway, then it will greatly inconvenience the defendant if, by an injunctive order of this court, it is required topermit the machinery there to remain. What the plaintiff has is a mere lien, and all that it is entitled to is a sufficient security to pay the' debt. This it would seem to have in any event, whether it be entitled only to a lien on the house and lot in which the machinery is erected, or. on the adjoining property of the company, or on its entire track and roIling stock. For these reasons the motion for a preliminary injunction will be refused, and the preliminary restraining order heretofore issued is dissolved.
BOUND v. SOUTH CAROLINA. RY. CO. et al. Ex parte ROSEBOROUGH et al·. (CirCUit Court, D. South Carolina. December 12, 1895.)
BALB UNDER RAILROAD MORTGAGE-PuRCHASE BY BONDHOLDERS' COMMITTEE.
Upon a sale under a railroad mortgage, a committee representing a part of the bondholders purchased the property for cash. The commlt-