David Josiah Brewer

Name: Smith v. Townsend — Opinion of the Court
Author: David Josiah Brewer

Smith v. Townsend — Opinion of the Court

Summary

“Smith v. Townsend — Opinion of the Court”, is a work by David Josiah Brewer. It explores elements such as the United States, homestead and entry.

Quotes from Smith v. Townsend — Opinion of the Court (David Josiah Brewer)

David Josiah Brewer, Smith v. Townsend — Opinion of the Court

“ The general homestead law gives a right of homestead to persons possessing certain qualifications, but it is in no sense, therefore, a penal statute as to those not possessing such qualifications. The constitution of the United States restricts the presidency to natural-born citizens, and such as are 35 years of age, and have been residents of the county for 14 years, but there is nothing in this of a penal nature as against those not possessed of these qualifications. ”

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Source: Wikisource

David Josiah Brewer, Smith v. Townsend — Opinion of the Court

“ If congress sees fit to impose a penalty on any individual who attempts to enter a homestead without possessing the statutory qualifications, the clause imposing the penalty may require a strict construction in a proceeding against the alleged wrongdoer, but that does not give to the residue of the statute, prescribing the qualifications, a penal character. ”

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Source: Wikisource

David Josiah Brewer, Smith v. Townsend — Opinion of the Court

“ But, whether this be so or not, it is enough that in the cession, in the acts of congress, and in the proclamation of the president the land was dealt with as an entirety, with certain metes and bounds, and it is that body of lands, thus bounded, which all parties were forbidden to enter upon who desired thereafter to enter any portions as a homestead.
Counsel contend that the words 'enter' and 'entry' have a technical meaning in the land laws ”

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Source: Wikisource

David Josiah Brewer, Smith v. Townsend — Opinion of the Court

“ There are special reasons why it must be believed that congress intended no relaxation of these disqualifications on the part of those on the company's right of way, for it is obvious that when a railroad runs through unoccupied territory like Oklahoma, which on a given day is opened for settlement, numbers of settlers will immediately pour into it, and large cities will shortly grow up along the line of the road ”

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Source: Wikisource

David Josiah Brewer, Smith v. Townsend — Opinion of the Court

“ Their idea seems to be that parties might go wheresoever they pleased through this body of lands without subjecting themselves to the disqualification of the statute, providing only that before the date fixed for the opening of the lands for settlement they did not commence an actual living upon the particular tracts they desired to enter as homesteads. ”

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Source: Wikisource

David Josiah Brewer, Smith v. Townsend — Opinion of the Court

“ The general language used in these sections indicates that it was the intent to make the disqualifications universally absolute. It does not say 'any person who may wrongfully enter,' etc., but 'any person who may enter,' 'rightfully or wrongfully,' is implied. ”

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Source: Wikisource

David Josiah Brewer, Smith v. Townsend — Opinion of the Court

“ Indians in the Indian Territory, whereby a large body of their lands had been ceded to the United States. The second section of the act was in these words:
'That the lands acquired by the United States under said agreement shall be a part of the public domain, but they shall only be disposed of in accordance with the laws regulating homestead entries, and to the persons qualified to make such homestead entries, not exceeding one hundred and sixty acres to one qualified claimant ”

David Josiah Brewer

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Quotes from Smith v. Townsend — Opinion of the Court (David Josiah Brewer)

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