Mahlon Pitney

“ We cannot accept this construction of section 2 of the act of 1908. According to it, although facts were made to appear to the entire satisfaction of the Secretary showing that a person had made 'payments to the United States under the public land laws in excess of the amount he was lawfully required to pay under such laws,' it would rest in the uncontrolled judgment and discretion of the Secretary to deny repayment of the excess because not satisfied that it ought to be repaid, notwithstanding Congress had declared that under the precise state of facts it should be repaid. ”

“ What price could a pre-emptor lawfully be required to pay for public lands in an odd-numbered section within the primary limits of the Northern Pacific Railroad land grant after the filing of a map of general route and the making of an order withdrawing the oddnumbered sections from entry; no map of definite location of the line in question having at that time or at any time been filed? ”

“ Section 6 fixed a price of $2.50 per acre only for the alternate sections reserved to the United States-that is, those bearing even numbers. We need not pursue the suggestion of counsel for appellee that there could be no 'reserved alternate sections,' within the meaning of the price-fixing clause, until ascertainment of the granted sections by the filing and acceptance of a map of definite location ”