In the case of Washington & Idaho Railroad Company v. Coeur D'Alene Railway and Navigation Company in 1895, the U.S Supreme Court ruled on a dispute over land rights for railway construction. The Washington & Idaho Railroad Company claimed that they had obtained permission from Congress to construct their railroad through certain public lands before the Coeur D'Alene Railway and Navigation Company did. However, it was found that at the time when this alleged right was granted by Congress, these lands were not classified as 'public', but instead belonged to an Indian reservation. Therefore, any grant made by Congress could not have included these lands until they were officially opened for settlement or other purposes under existing laws relating to public domain. As such, no priority of right could be recognized in favor of either company based on Congressional approval alone because neither company had complied with all conditions precedent required by law for obtaining valid grants over these particular lands.

The dissenting opinion in the case of Washington & Idaho Railroad Company v. Coeur D'Alene Railway and Navigation Company argued that the majority's decision was inconsistent with established principles of law regarding property rights. The dissent contended that a railroad company, having received a land grant from Congress, should be entitled to exclusive possession and use of said land for railway purposes. It further asserted that any subsequent legislation by state authorities could not infringe upon these vested rights without constituting an unlawful taking under the Fifth Amendment. Therefore, it disagreed with the majority's ruling which allowed another company to cross its tracks on grounds of public convenience or necessity as determined by state commissions. This view held that such decisions effectively diminished the original grantee’s property rights without due compensation, thus violating constitutional protections against arbitrary deprivation of property.