George Sutherland

“ We are not at liberty to add to or take from the language of the statute. When Congress has plainly described the instrument from whose date the statute beings to run as the 'receipt upon the final entry,' there is no warrant for construing it to mean only a receipt issued simultaneously with the certificate or one issued after the adjudication on the final proof, which might be-and in this instance was-postponed indefinitely. ”

“ It would be manifestly unjust to make the right to a patent dependent upon the administrative action of the register, subjecting it to such delays as are incident to the conduct of public business and over which the claimant has no control. ”

“ The defendants denied plaintiff's title and alleged that the land was the property of the defendant Stockley by virtue of his compliance with the homestead laws of the United States.
The conceded facts are that in 1897 Stockley took possession of the land and on November 13, 1905, made a preliminary entry thereof as a homestead. He complied with the provisions of the homestead laws, submitted final proof, including the required nonmineral affidavit, paid the commissions and fees then due, and on January 16, 1909, obtained the receiver's receipt therefor. ”