Samuel Freeman Miller

“ As this land had been surveyed and at one time proclaimed, the argument is that the time for making proof is not governed by sect. 2267, but by sect. 2264, which requires the person asserting a pre-emption right to land subject at the time to private entry, to make the proof within one year after the date of his settlement. But this land, at the date of Stalnaker's settlement, was not subject to private entry. ”

“ We find, however, that at that time sect. 2 of the act of July 14, 1870, c. 272 (16 Stat. 279) , was in force. The first section of that act extends certain laws for the sale and survey of public lands to the Territory of Colorado. ”