w:Supreme Court of the United States

“ Thus understood, the regulation is merely an administrative measure designed to facilitate the examination and disposal of the selection lists and to be fair alike to the claimant and the government. It neither abridges the right of selection nor unreasonably obstructs its exercise, but, on the contrary, leaves the claimant free to select and obtain indemnity for all losses, if only the lands available in the indemnity limits are sufficient for the purpose. ”

“ The grant is of sections and parts of sections to be identified by the usual survey and is accompanied by a provision, section 6, for a full survey of all lands within its exterior limits. The lands excepted are to be identified in the same way as those passing under the grant, and so of the lands which may be taken as indemnity. Thus the survey is made an element of every part of the grant. Nowhere in the granting act is there any suggestion of an intention that the grant or any part of it shall be administered otherwise than by legal subdivisions. ”

“ After the survey the land officers dispose of the lands only according to these legal subdivisions-that is, as sections, half sections, etc.-and regard the minor subdivisions, quarter quarter sections and lots, as not subject to further division, save in exceptional instances, where Congress has specially provided otherwise. Under this practice a right to purchase or enter 40 acres may be exercised by taking a full quarter quarter section, but not by taking a part only of each of two or more minor subdivisions. ”