Joseph McKenna

“ Their explanation is 'that Congress used the words 'or his assignors' in § 5, and 'or his assigns' in § 7, only in recognition of the right that every entryman has under any of the public land laws of the United States to make an assignment after he has acquired the equitable title to the land embraced within his entry.' In other words, as observed by the court below, a new right was not created, but a right already existing was incidentally referred to. ”

“ Nothing herein contained shall prevent a claimant from making his final entry and receiving his patent at an earlier date than hereinbefore prescribed, provided that he then makes the required proof of reclamation to the aggregate extent of three dollars per acre: Provided, that proof be further required of the cultivation of one eighth of the land. ”

“ An entryman or his assignors may make reclamation. It is said, however, that the words which follow them explain them and take all ambiguity from them. It is provided that 'within one year after making entry . . . the party so entering shall expend not less than one dollar per acre,' and that he (italics ours) 'shall in like manner' expend the same sum during the second and third year. ”