David Josiah Brewer

“ His authority was limited to receiving and acting upon applications for homestead or pre-emption entry, and it cannot be that any such unauthorized permission of a local land officer can create a right not given by the statute, or defeat a title conveyed by the government in full compliance with the law. This is not like the cases just decided in which the local land officer refused to receive an application which he ought to have received; neither is it one in which such officer failed to do anything which he ought to have done. No application was made for an entry. ”

“ Leniently as the conduct of a settler is always regarded by the courts, it cannot be that such leniency will tolerate the omission by him of any of the substantial requirements of the statute in respect to the creation of rights in the public lands. ”

“ It is true that he claims that he had permission from the register of the land office to go upon the land and occupy it, but the register had no power to give such permission. He had no general control over the unappropriated public lands; he could vest no rights, legal of equitable, in any individual other than such as are authorized by statute. ”