Summary

Waskey v. Hammer — Opinion of the Court

The purpose of the prohibition is to guard against the temptations and partiality likely to attend efforts to acquire public lands, or interests therein, by persons so situated, and thereby to prevent abuse and inspire confidence in the administration of the public-land laws. So understanding the letter and purpose of the prohibition, we think it embraces the location of a mining claim by a mineral surveyor. True, it is addressed to officers, clerks, and employees 'in the General Land Office,' and is directed against 'the purchase of any of the public land' by them
Source: Wikisource

Waskey v. Hammer — Opinion of the Court

Within the limits of their authority they act in the stead of the surveyor general and under his direction, and in that sense are his deputies. The work which they do is the work of the government, and the surveys which they make are its surveys. The right performance of their duties is of real concern, not merely to those at whose solicitation they act, but also to the owners of adjacent and conflicting claims and to the government.
Source: Wikisource

Waskey v. Hammer — Opinion of the Court

Stat. 1901, pp. 1424, 1432, make the discovery of mineral 'within the limits of the claim' a prerequisite to the location of a claim, whether lode or placer, the purpose being to reward the discoverer and to prevent the location of land not found to be mineral. A discovery without the limits of the claim, no matter what its proximity, does not suffice.
Source: Wikisource

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