So much for the first branch of the second question. As to the second branch of it, the same line of reasoning leads to equally satisfactory results.
The municipal preemptor, like the agricultural preemptor, is required to take his land in conformity with "the legal subdivisions of the public lands." I apprehend the import of the requirement is the same in both cases. Neither class of pre-emptors is to break the legal subdivisions as surveyed. The preemptor of either case may take fractional sections if he will, but he is in every case to run his extreme lines with the lines of the surveyed subdivisions. 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.