Stephen Johnson Field

“ O'Connor we considered at length the effect of the survey of Hansen, and the right of the state to select lieu lands outside of it. By the act of congress of July 1, 1864, 'to expedite the settlement of titles to land in the state of California,' (13 St. 332, c. 194,) the surveys of private land claims in that state were made subject to supervision and control of the commissioner of the general land-office. Without his approval, a survey had no binding force, and could not be treated as segregating the land surveyed from the public lands. ”

“ The two modes of acquiring title to land from the United States were not in conflict with each other. Both were to have full operation, that one controlling, in a particular case, under which the first initiatory step was had.' For selections of lands in California in lieu of the school sections covered by Mexican grants, it has not been the practice of the land department to issue patents. ”

“ As between the settler and the state, the party which first commenced the proceedings required to obtain the title, if followed up to the final act of the government for its transfer, is considered as being entitled to the property. In such cases, the rule prevails that the first in time is the first in right. ”