The Columbia and Puget Sound Railroad Company v. Hawthorne case in 1891 revolved around a dispute over land ownership. The railroad company claimed that it had been granted certain lands by the United States government under an act of Congress from 1864, which was intended to aid in the construction of railroads in Oregon. However, Hawthorne argued that he owned part of this land due to a preemption claim filed before the grant was made to the railroad company. The Supreme Court ruled against Columbia and Puget Sound Railroad Company, stating that their rights could not supersede those established by prior settlement or preemption claims according to existing laws at the time when such claims were made validly.

In the dissenting opinion for Columbia and Puget Sound Railroad Company v. Hawthorne, it was argued that the majority's decision to uphold a lower court ruling in favor of Hawthorne was incorrect. The dissenting justices believed that there were significant errors made by the lower courts regarding property rights and land grants given to railroads under federal law. They contended that these lands were not intended for public use but rather as an incentive for railroad companies to build tracks across remote areas of the country. Therefore, they should be considered private property and protected from seizure or damage without just compensation under eminent domain laws. Furthermore, they disagreed with how damages awarded to Hawthorne were calculated, arguing it unfairly penalized the railroad company while providing excessive compensation to him.