Edward Douglass White

“ In deciding that no offense was stated, it was held that, although it were conceded that the timber and stone act prohibited an entryman or applicant from making an application ostensibly in his own name, but in reality for and on behalf of another, that, if an applicant or entryman made an application in good faith, for his own exclusive use and benefit, the statute contained no prohibition, express or implied, against the right of the entryman, after his application, and before the final action thereon, to sell to another the claim to the land which had arisen from his application. ”

“ The accused after moving to quash on the ground of the illegality of the organization of the grand jury, demurred to the indictment on a number of technical grounds, and upon the contentions that the facts stated in the indictment were insufficient to charge an offense within any statute of the United States, and that, as the indictment had not been found within three years of the commission of the acts therein alleged, the right to prosecute for the same was barred by the statute of limitations. ”

“ It is insisted by the government that, however conclusive may be this ruling as to the power of the applicant to sell after application and to perfect his entry for the purpose of enabling him to perform such contract, that such ruling does not conclude the contention that a conspiracy formed to induce an entryman who has made his application to purchase subsequently to agree to convey his interest in the land would be a violation of the statute. ”