Johanson v. Washington

Citations

• 190 U.S. 179
• 23 S. Ct. 825
• 47 L. Ed. 1008
• 1903 U.S. LEXIS 1545

Syllabus

<p>Whether one assuming to act for a State or Territory in selecting school lands in lieu of sections 16 and 36 had the authority to do so is a State and not a Federal question. The policy of the Government in respect to grants for school purposes has been a generous one, and acts making such grants are to be so construed as to carry out the intent of Congress, however difficult it might be to give full effect to the language used if the grants were by instrument of private conveyance..</p> <p>While ordinarily- a special law is not repealed by a subsequent general statute, unless the intent so to do is obvious, yet the latter act may apply to cases not provided for by the former. The general act of Congress of 1859 as to selection of school lands in lieu of sections 16 and 36 is applicable to Washington although a special statute was passed as to it in 1853. The act of 1902 confirming selections approved by the Secretary of the Interior referred to past as well as future approvals.</p> <p>The general supervision of the affairs of the Land Department is now vested in the Secretary of the Interior, and, unless Congress' clearly designates some other officer to act in respect to such matters, it will be assumed that he is the officer to represent the Government. His approval of a selection made by one claiming to represent a State or Territory of lands in lieu of school sections 16 and 36 under the acts of 1853 and 1859, is, at least, a withdrawal of the selected land from private entry which continues until the selection is set aside, and if such person was authorized to' act, the approval of the selection so made is, unless some direction of' Congress was violated, conclusive upon the transfer of title of the selected' lands.</p>