by John Marshall Harlan, United States v. Healey — Opinion of the Court
“ An examination of the statutes regulating the sale of the public lands is necessary in order to determine the question now presented. That question is, whether the act of 1877, providing for the sale of 'desert lands,' embraces alternate sections reserved to the United States, along the line of railroads for the construction of which congress made a grant of lands. ”
by John Marshall Harlan, United States v. Healey — Opinion of the Court
“ That all lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, within the meaning of this act, which fact shall be ascertained by proof of two or more credible witnesses under oath, whose affidavits shall be filed in the land office in which said tract of land may be situated. ”
by John Marshall Harlan, United States v. Healey — Opinion of the Court
“ The object of this suggestion is to bring the present case within the rule, often announced, that when the meaning of a statute is doubtful, great weight should be given to the construction placed upon it by the department charged with its execution, where that construction has, for many years, controlled the conduct of the public business. ”
