Edward Douglass White

“ The bill charged that under the law and the settled practice of the Land Department the rejection of the application was wrong, as it should have been held in abeyance to await the completion of the survey and the selection to be made by the state within the limits of the survey under its asserted rights, and, after the selection by the state, should have then attached to the land, provided the land was not included in the selection made by the state. ”

“ The bill alleged that all the necessary steps to comply with the law and regulations concerning the selection of the lieu land had been complied with. It was further averred that at the time this application was filed there was pending in the local land office an application of the state of Washington for a survey of the township in which the lieu land applied for was situated to enable the state to make selections of land which it was entitled under the law to make, and which it was the duty of the state to make within sixty days after survey. ”

“ Some of the defendants were the original patentees and others held under assignments of right based upon such patents, and as to all the bill explicitly charged actual notice or such a state of fact as would constitute constructive notice and want of good faith. ”