David Josiah Brewer

“ Neither do we affirm that the administrative right of the departments in reference to proceedings before them justifies action without notice to the parties interested, any more than the power of a court to determine legal and equitable rights permits action without notice to parties interested. ”

“ The dissent announced by the chief justice only emphasizes the proposition laid down in the opinion, as heretofore quoted, that, so long as the legal title remains in the government, all questions of right should be solved by appeal to the land department, and not to the courts. ”

“ It cannot be exercised so as to deprive any person of land lawfully entered and paid for. By such entry and payment the purchaser secures a vested interest in the property, and a righ to a petent therefor, and can no more be deprived of it by order of the commissioner than he can deprived by such order of any other lawfully acquired property. ”