Joseph McKenna

“ The statute which gives him a right, gives her a right. She is as much a beneficiary of the statute as he. The words of the statute are clear, and express who in turn shall be its beneficiaries. The contention of appellant reverses the order of the statute, and gives the children an interest paramount to that of the widow through the laws of the state. ”

“ They say who shall enter, and what he shall do to complete title to the right thus acquired. He may reside upon and cultivate the land, and by doing so is entitled to a patent. If he die, his widow is given the right of residence and cultivation, and 'shall be entitled to a patent, as in other cases.' He can make no devolution of the land against her. ”

“ The action of the lower courts on the motion to remand and on the merits are attacked by appellant to a certain extent on the same ground; to wit, that the laws of Washington determine the title of the parties, not the laws of the United States. The interest in McCune, acquired by his entry, it is contended, was community property, and passed to appellant under the laws of the state. ”