David Josiah Brewer

“ Coming now to the Federal question, the approval by the Secretary of Interior of a selection made by one claiming to be the agent of a territory or state of land in lieu of school sections 16 and 36 is, if nothing more, in effect a withdrawal from private entry of the selected land, and such withdrawal continues until the approval of the selection is itself set aside. ”

“ If some one authorized to represent the territory of Washington made a selection, and it was approved by the Secretary of the Interior, such action, being that of the officer charged with the supervision of the landed interests of the United States, should, unless some direction of Congress has manifestly been violated, be held to be conclusive upon the transfer of title. ”

“ Now we remark that, from the legislation of Congress, nothing is clearer than that the policy of the government has been a generous one in respect to grants for school purposes. Cooper v. Roberts, 18 How. ”