Appeal from the Circuit Court of the United Slates for the Northern Division of the Western District of Washington.

The appeal in this case is taken from a decree of the Circuit Court dismissing the appellant's bill. On February 2, 100(5, the appellant filed its bill, alleging: That it was a railroad corporation organized under the laws of the suite of Washington: that It claimed a right of way over certain public lands of the United States under the provisions of the act of Congress approved March 3, 1875 (Act March 3, 1875, c. 152, 18 Stat. 482 [ü. S. Comp. St 1901, p. 33(581), entitled “An act granting to railroads the right of way over public lands of the United States’’; that it had in all things complied with the requirements of said act. and had made its survey and maps of the proposed railroad with the approval of the Secretary of the Interior, whereby it acquired a right of way to eons I met a railroad 200 feet in width over certain designated government subdivisions of the public lands of the United States; and that in the year 1903, the appellee, without the consent of the appellant entered upon certain of said premises, and under a pretense of ownership undertook to construct thereon a railroad. The prayer of the bill was that the appellee be enjoined from occupying the premises and from constructing its railroad thereon. To this bill a demurrer was sustained for want of jurisdiction. Thereupon an amended bill of complaint was filed adding to the averments of the original bill certain allegations as to the title under which the appellee claimed the right to enter upon the premises, and the defense which the appellee would make to said amended bill, alleging that, in determining the respective rights of the said parties and their priorities, it would be necessary to construe certain acts of Congress and the act of March 3, 1875. On a demurrer to the amended bill, it was held that a case was presented involving a federal question, but the demurrer was sustained on the ground that the appellant had an adequate remedy at law. A second amended bill was filed containing certain additional allegations, the purpose of which was to show that the appellant had ground for equitable relief in the premises. The appellant alleged that it had actually begun the construction of its railroad in good faith and was in the actual possession of its right of way over lot 1, section 35, lots 1 and 2, section 33, and lots 2 and 3, in section 32, all in township 3 north of range 9 east of the Willamette Meridian, and lot 4, section 35, township 3 north of range 8 east of the Willamette Meridian. The bill then proceeded to allege the wrongful entry by the appellee upon a part of the right of way so described on public lands of the United States, with full knowledge of the location of the appellant’s railroad, as surveyed and marked thereon, and that the appellee is engaged in excavating the ground thereon and making fills, cuts, and embankments, with the intention to construct and operate a line of railroad in such a way as to substantially and effectually impede the construction of the appellant’s proposed road. A demurrer was interposed to the second amended bill on the ground that it did not appear therefrom that there was jurisdiction in the Gircuit Court, and for want of equity,.and for the reason that it was in the nature of a supplemental bill of complaint to the original bill filed herein. The demurrer was sustained, and the bill was dismissed.