David Josiah Brewer

“ The obvious purpose of the pre-emption and homestead statutes of the United States is to secure to the actual settler the land upon which he has settled, and to give him the prior right to perfect title by purchase or continued occupation. While undoubtedly under the provisions of the statutes and the regulations of the land department there are at times opportunities for a speculator to obtain title to public lands, it must be always remembered that in the eye of the public-land laws of the United States the speculator is never an object of favor. ”

“ We deem it unnecessary to consider the correctness of these rulings or the power of the land department to secure to one who has made a formal entry a certain length of time in which to perfect his settlement and improvement. ”

“ The object of the homestead laws is not to encourage speculation, but settlement, and if Dowman knew all the antecedent facts, he might well expect that an actual settler would acquire the right to the land, lawfully, upon the next relinquishment, and make his settlement as the Secretary finds as a fact that it was made, in good faith.'
For these reasons we are of opinion that the judgment of the Court of Appeals was right, and it is affirmed. ”