David Josiah Brewer

“ As to place lands, it is settled that, in case of conflict, the title depends on the dates of the grants, and not on the times of the filing of the maps of definite location. In other words, the earlier grant has the higher right. No scramble as to the matter of location avails either road, and it may be that the same thought would operate to uphold the title to the place lands of an earlier as against a withdrawal in favor of a later grant. Neither is it intended to question the rule that the title to indemnity lands dates from selection, and not from the grant. ”

“ A special exception of it was not necessary, because the policy which dictated them confined them to land which congress could rightfully bestow, without disturbing existing relations and producing vexatious conflicts. * * * Every tract set apart for special uses is reserved to the government, to enable it to enforce them. ”