Edward Douglass White

“ All the argument which seeks to demonstrate that the provision which gives the right to be preferred in making an authorized entry endows with the authority to make an illegal because prohibited entry rests upon a mere misconception of the nature and character of the right of preference for which the statute provides. ”

“ The third class is, we think, also necessarily governed by the construction which we have given the statute in the Keitel Case. It being settled in that case that the prohibition against more than one entry of coal lands by the same person prohibits a qualified person from entering such lands apparently for himself, but in fact as the agent of a disqualified person, it follows that the prohibition embraces an entry made by one through the procurement and for the benefit of another, although the entryman had previously initiated a preference right to enter the land for his own account. ”

“ Forty-nine separate overt acts were charged to have been done in furtherance of the conspiracy. In six of the paragraphs relating to the commission of overt acts the making of affidavits at purchase concerning six of the eighteen tracts enumerated in the body of the indictment was alleged, and the affidavits were set forth verbatim. ”