David Josiah Brewer

“ The approval of the evidence offered in respect to settlement and improvement is only quasi judicial. It is as much an administrative as a judicial act. There is no contest before the register and receiver. No one represents the government. The action taken is purely ex parte. It is only one step in the procedure by which through an executive department the title to public land is obtained by an individual. ”

“ The case, therefore, is a direct decision that the power of supervision and control granted by the act of 1836, although in terms extending to only executive duties, included the right to review a decision of the local land officers as to the matter of settlement and improvement, at least in cases in which the proof before those officers was by ex parte affidavits. And, if the right of supervision and control over their decision exists under those circumstances, it is difficult to perceive any reason why it does not exist under all. ”

“ It means that, in the important matters relating to the sale and disposition of the public domain,-the surveying of private land claims, and the issuing of the trusts thereon, and the administration of the trusts devolving upon the government, by reason of the laws of congress or under treaty stipulations, respecting the public domain,-the secretary of the interior is the supervising agent of the government to do justice to all claimants, and preserve the rights of the people of the United States. ”

“ The party who makes proofs, which are accepted by the local land officers, and pays his money for the land, has acquired an interest of which he cannot be arbitrarily dispossessed. His interest is subject to state taxation. ”

“ St., authorizes one possessed of certain personal qualifications, 'who has made, or hereafter makes, a settlement in person on the public lands subject to pre-emption, and who inhabits and improves the same, and who has erected or shall erect a dwelling thereon,' to enter not exceeding 160 acres. Section 2262 provides that before any person shall be allowed to enter lands he shall make oath before the register or receiver that he has never had the benefit of any right of pre-emption ”