Summary

Edward Douglass White Payne v. Robertson — Opinion of the Court

Manifestly, congress did not intend that one authorized to enter the territory in advance of the general public, solely to perform services therein as an employe of the government, should be at liberty, immediately on the arrival of the hour for opening the territory to settlement, to assume the status of a private individual and 'actual settler,' and make selection of a homestead; thus clearly securing an advantage in selection over those who, obedient to the command of the president, remained without the boundaries until the time had arrived when they might lawfully enter.
Source: Wikisource

Edward Douglass White Payne v. Robertson — 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
Source: Wikisource

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