“ The settled rule then applied by the Land Department in the execution of the statute is that one who took part in the race for land on the day of the opening was not prohibited from taking land because of a prior entry into the territory unless it be shown that manifest advantage resulted to the entryman from his previous going into the territory. The rule thus for a long period and consistently enforced must obviously have become the foundation of many rights of property. ”

“ Townsend, in referring to the statute and the President's proclamation opening the land for settlement, it was said in the concluding passage of the opinion (p. 501, L. ed. p. 536, Sup. Ct. Rep. p. 638) :
'It may be said that if this literal and comprehensive meaning is given to these words it would follow that anyone who after March 2 and before April 22 should chance to step within the limits of the territory would be forever disqualified from taking a homestead therein. Doubtless he would be within the letter of the statute ”

“ Townsend, 148 U.S. 490, 37 L. ed. 533, 13 Sup. Ct. Rep. 634; Payne v. Robertson, 169 U.S. 323, 42 L. ed. 764, 18 Sup. Ct. Rep. 337, and Calhoun v. Violet, 173 U.S. 60, 43 L. ed. 614, 19 Sup. Ct. Rep. 324. ”