Rufus Wheeler Peckham

Name: Northern Pacific Railway Company v. De Lacey — Opinion of the Court
Author: Rufus Wheeler Peckham

Summary

“Northern Pacific Railway Company v. De Lacey — Opinion of the Court”, is a work by Rufus Wheeler Peckham. It explores elements such as filing, claim and grant.

Quotes from Northern Pacific Railway Company v… (Rufus Wheeler Peckham)

Rufus Wheeler Peckham, Northern Pacific Railway Company v…

“ For the reasons which we have already given, we think it was unnecessary to enter the cancellation on the record of the office in order to permit the law of congress to have its legal effect. That effect should not be dependent upon the action or nonaction of any officer of the land department. When no proof and no payment have been made within the time provided for by the law, the record will show that fact, and that the right of the claimant has expired, and the claim itself has ceased to exist. ”

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Source: Wikisource

Rufus Wheeler Peckham, Northern Pacific Railway Company v…

“ A claim is not an existing one where by the record it appears that the right to make proof and payment has expired under the terms of the statute.
It appears that it has not been the practice of the interior department to enter any formal cancellation of an expired pre-emption filing upon the books of the office. Its practice has been to take no action concerning them. They have simply been treated as abandoned claims. ”

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Source: Wikisource

Rufus Wheeler Peckham, Northern Pacific Railway Company v…

“ The mere entry would not cause the forfeiture or cancellation. It is the provision of law which makes the forfeiture, and the entries on the record are a mere acknowledgment of the law, and have, in and of themselves, if not authorized by the law, no effect. The law does not provide for such a cancellation before it is to take effect. The expiration of time is a most effective cancellation.
In such a case as this, where the forfeiture occurs by the expiration of the 30 months within which to make proof and payment, the record shows that the claim has expired ”

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Source: Wikisource

Rufus Wheeler Peckham, Northern Pacific Railway Company v…

“ On the contrary, we would say that if there were at the time of the filing of the map of definite location an actual existing claim, even though it might turn out to be wholly unfounded, the land thus claimed would not pass by the grant. This has been decided as lately as Railroad Co. v. Sanders, 166 U.S. 620, 17 Sup. Ct. 671. In the case under consideration there was at the time of the filing of the map of definite location no claim, within the meaning of the statute. ”

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Source: Wikisource

Rufus Wheeler Peckham, Northern Pacific Railway Company v…

“ And be it further enacted, that whenever any person has settled or shall settle and improve a tract of land, subject at the time of settlement to private entry, and shall intend to purchase the same under the provisions of this act, such person shall in the first case, within three months after the passage of the same, and in the last within thirty days next after the date of such settlement, file with the register of the proper district a written statement, describing the land settled upon, and declaring the intention of such person to claim the same under the provisions of this act ”

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Source: Wikisource

Rufus Wheeler Peckham, Northern Pacific Railway Company v…

“ The judgment of the United States circuit court of appeals for the Ninth circuit is reversed, and the case remanded to the circuit court for the Western division, district of Washington, for further proceedings not inconsistent with the opinion of this court. ”

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Source: Wikisource

Rufus Wheeler Peckham, Northern Pacific Railway Company v…

“ Reference is made in the briefs to the circular of Commissioner Drummond, dated September 8, 1873, in which he says:
'By the operation of law limiting the period within which proof and payment must be made in pre-emption cases, such claims are constantly expiring, the settler not appearing within such time to consummate his entry. ”

Rufus Wheeler Peckham

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