Horace Harmon Lurton

“ The gravamen of the conspiracy charged is that the defendants induced or procured divers qualified persons to take the several steps required by law to make locations of Alaska coal lands, not for themselves, but as the mere agents or representatives of the defendants, for the purpose of securing to two named corporations a larger area of coal land than such corporations could lawfully locate for themselves. ”

“ The contention is that although this act of 1904 expressly provides 'that all of the provisions of the coal-land laws of the United States not in conflict with the provisions of this act shall continue and be in full force in the district of Alaska,' that the restrictions in the general coal-land law authorizing 'only one entry by the same person or association of persons,' etc., is in conflict, and therefore not operative to locations authorized by the later legislation. ”

“ The corporations by whose procurement the forty locations by forty different persons were made, under the express terms of the statute referred to, were disqualified from making more than one location each, and being thus disqualified could not make a second location through an agent acting for their use and benefit. ”

“ Any person or association of persons severally qualified, as above provided, who have opened and improved, or shall hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference right of entry, under the preceding section, of the mines so opened and improved ”

“ This clearly follows, since the right to sell that which one has lawfully acquired neither directly nor indirectly implies the authority to unlawfully acquire in violation of an express prohibition.' Ibid. ”