Maese v. Herman

Citations

• 183 U.S. 572
• 22 S. Ct. 91
• 46 L. Ed. 335
• 1902 U.S. LEXIS 734

Syllabus

<p>The sole authority to the General Land Office to issue the patent for the land in dispute in this case was the act of March S, 1869, 15 Stat. 342; the patent was issued under that authority, and it does not admit of controversy that it must issue to the confirmee of Congress, viz.: the town of Las Vegas.</p> <p>This court cannot assume that Congress approved the report of the Surveyor General unadvisedly, used the name of the town of Las Vegas unadvisedly, or intended primarily some other confirmee.</p> <p>The town and its inhabitants having been recognized by Congress as having rights, and such rights having been ordered to be authenticated by a pat- ' ent of the United States, it is the duty of the Land Office to issue that patent, to give the town and its inhabitants the benefit of that authentication, and to remit all controversies about it to other tribunals.</p>