Edward Douglass White

“ In June, 1910, the land in question, with other land, was restored to entry, and on June 28, 1910, the register notified the complainants in writing that they would be allowed sixty days from the receipt of the communication in which to make a formal claim to the land as to which they had previously filed a notice of claim, and that the price fixed by the United States Geological Survey for certain of the land was $125 per acre, and for the remainder $115 per acre, aggregating $30,000 for the entire tract. ”

“ We do this because if complainants had a remedy in the courts growing out of such rejection it was their duty to invoke and pursue that remedy; and not having done so, but, on the contrary, having for more than a year and a half acquiesced in the judgment of the Land Department, and having made subsequently an entirely new application, we think their rights must be measured by the later application. ”

“ The United States had not parted with the legal title to the land. The defendants were subordinate officials of the Land Department, and the acts and omissions complained of were done pursuant to instructions from the head of the Land Department, vested by law with the power to control the conduct of his subordinates in matters of this character. ”