Stephen Johnson Field

“ The proceedings upon this examination, or at least the order of the court or judge thereon, should appear in the record; for we can only know by the order whether the parties have been permitted to contest the survey before the court. When the interest of parties applying is shown and the order is made, those who claim under the United States by 'pre-emption, settlement, or other right or title,' must intervene, not separately, but collectively, in the name of the United States, and be represented by the district attorney, and any counsel employed by them co-operating with him. ”

“ If authorizes the return of surveys for examination and adjudication only upon the application of parties who, in the judgment of the court or district judge, have such interest as to make it proper for them to intervene for its protection. ”

“ It provides that when objections are interposed by the United States, the application shall be made by the district attorney, and be founded on 'sufficient affidavits;' and that when application is made by 'other parties claiming to be interested in, or that their rights are affected by,' the survey and location, there shall be a preliminary examination into the fact of such alleged interest. ”