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. ”
