In Fine, As
It Seems To Me, There Is Nothing Of The Present Case, In So Far As
Appears By
The questions presented, and the official reports and
statement by which they are explained, except a convict of claim to
Two or three sectional subdivisions of land between different sets of
preemptors, one set being avowed municipal preemptors, and the other
professed agricultural preemptors, but both sets having in reality the
same ulterior purposes in regard to the use of the land. The
Government has no possible concern in the controversy, except to deal
impartially between the parties according to law. The agricultural
preemptors contend that different rules of right as to the power of
individual or private occupation, and as to the criteria of valid
occupation, apply to them, as against their adversaries. The municipal
preemptors contend that the same rules of equal right, inceptive and
progressive, in these respects, apply to both classes of preemptors. I
think that the latter view of the law is correct, according to its
letter, its spirit; and the settled practice of the Government.
The investigation of the facts of the case, and the application of the
law to the facts, are, of course, duties of your Department.
I leave here the first and second questions; and, proposing to reply
at an early day on the third question,
I have the honor to be, very respectfully,
C. CUSHING.
Hon. ROBERT McCLELLAND,
Secretary of the Interior.
THE END.
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THE OFFICIAL OPINIONS OF THE.
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