Edward Douglass White

“ We have not included in this classification of the propositions the first three, which advance the theory that because patents had been issued to the subordinate entrymen in Nos. 234 and 235, therefore there was no right on the part of the lieu entrymen to assail the patent by indirection by seeking to impose a trust upon the title which the patents represent. ”

“ Rep. 740] . Second, because other of the propositions dispute in various forms of statement the finding of the Secretary that the applicant or applicants for the lieu entry or entries had complied with every requirement of the statute and regulations which were prerequisite to the allowance of the right which they claimed. And finally, because the remainder perhaps not directly, but certainly by indirection, seek to establish as a matter of construction under the act of 1897 [30 Stat. at L. 11, chap. 2] that the Department possessed the discretionary power which it asserted. ”