ACTS OF CONGRESS, CITED AND CONSTRUED.

March 3, 1807 (2 Stat., 445), settlement on reserved lands.

50

May 17, 1856 (11 Stat., 15), Florida Ry.
grant

414

June 30, 1834 (4 Stat., 732), secs. 20 and 21,
sale of liquor to Indians
September 4, 1841 (5 Stat., 453), sec. 6, sur-

grant
August 18, 1856 (11 Stat., 87), aban'd mil.

149, 282, 307

324

res., Florida..
March 3, 1857 (11 Stat., 251), swamp grant.
June 21, 1860 (12 Stat., 71), private claim..
May 20, 1862 (12 Stat., 392), sec. 8, h'd entry.
July 1, 1862 (12 Stat., 489), sec. 7, Cent. Pac.
March 21, 1864 (13 Stat., 35), preëmption..
May 5, 1864 (13 Stat., 66), Wis. R. R. grant

48, 477

127, 223

397

117

100

83

136

October 4, 1842 (7 Stat., 591), Indian treaty.
August 3, 1846 (9 Stat., 51), isolated tract.
July 4, 1848 (9 Stat., 922), art. 8, treaty of
Guadalupe....

75 519 53

141, 254, 410

270

July 2, 1864 (13 Stat., 355), wagon-road
grant
490, 591
July 2, 1864 (13 Stat., 356), sec. 5, Cent. Pac. 100
July 2, 1864 (13 Stat., 365), Nor. Pac... 189, 236, 532
sec. 3, Nor. Pac.
20
sec. 6, Nor. Pac. 87, 102
March 3, 1865 (13 Stat., 520), Mich. R. R.
grant

June 21, 1866 (14 Stat., 360), Wis. Central..
July 4, 1866 (14 Stat., 87), Hastings and
Dakota grant....

149 254

20, 215

196

March 30, 1867 (15 Stat., 539), treaty with
Russia.

397

May 7, 1868 (15 Stat., 649), Crow Indians..

September 30, 1854 (10 Stat., 1109), Indian

May 20, 1868 (15 Stat., 252), Mich. R. R.

September 30, 1854 (10 Stat., 1109), 7th
clause, 2d art. Chippewa treaty
September 30, 1854 (10 Stat., 1109), art. 3,
Indian treaty

March 2, 1855 (10 Stat., 634), swamp grant.
April 18, 1855 (12 Stat., 975), Indian treaty.
August 11, 1856 (11 Stat., 30), Miss. R. R.
grant...

DECISIONS

TELATING TO

THE PUBLIC LANDS.

RESERVED LANDS-ENTRY-SETTLEMENT.

SETTOON v. TSCHIRN.

Though the act of March 2, 1889, restoring to the public domain certain lands reserved on account of private claims, covers in its descriptive terms only a part of the Conway claim, the obvious intent of Congress was to embrace all the lands within said claim.

No rights are secured, as against the government, by an entry of land withdrawn from such appropriation; but as between two claimants for such land, after it is restored to entry, priority of settlement may be considered.

In the adjustment of conflicting settlement claims asserted for lands restored to the public domain by said act of 1889, the settler first in time must be recognized as having the superior right.

A homestead entry irregularly allowed of land reserved therefrom may remain intact on the restoration of the land, and in the absence of any adverse interest.

Secretary Smith to the Commissioner of the General Land Office, July 2, (J. I. H.)

1894.

(F. L. C.) The land involved in this dispute is lots 1 and 2, Sec. 7, T. 9 S., R.5, E., New Orleans, former South Eastern land district, Louisiana.

The record shows that on August 7, 1884, Charles Tschirn, the defendant, made entry of said lots under the homestead law, and on January 9, 1888, he submitted final proof, after due notice by publication, setting forth therein that he had resided upon the land in question since 1874.

Before your office had taken any action on the proof, Mary Settoon, the plaintiff, under date of February 26, 1889, instituted contest proceedings to set aside the entry, alleging in substance that the entry was illegal by reason of the land being within the alleged claim of Jolin McDonogh and Company, or Conway grant; that said land was used for purposes of trade, and had been selected by the State as swamp and overflowed land in 1881, and that said land was unfit for cultivation and that claimant did not make the entry in good faith for a home. 1801-VOL 19—1

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