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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ADVERTISEMENT.
THE OFFICIAL OPINIONS OF THE. ATTORNEYS GENERAL OF THE UNITED STATES.
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