ROUGHTON V. KNIGHT, 219 U. S. 537 (1911)

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U.S. Supreme Court

Roughton v. Knight, 219 U.S. 537 (1911)

Roughton v. Knight

No. 711

Submitted January 6, 1911

Decided February 20, 1911

219 U.S. 537


As the Forest Reserve provision of the Sundry Civil Act of June 4, 1897, c. 2, 30 Stat. 36, did not prescribe the method which those entitled to avail of its provision should pursue, it was competent for the Secretary of the Interior to adopt the rules and regulations, which this Court has already held to be reasonable and valid, and entitled to respect and obedience. Cosmos Co. v. Gray Eagle Oil Co., 190 U. S. 301.

One not following the rules and regulations adopted by the Land Department for exchange of lands under the Forest Reserve Act and not accompanying his relinquishment deed with a proper selection in lieu of the land relinquished, and whose relinquishment was returned to him by the Department, did not become entitled to a selection and exchange after the repeal of the act.

Where one attempting to avail of the statutory provision to exchange under the Forest Reserve Act of 1897 failed to comply with the rules and regulations of the Land Department, and his relinquishment deed was returned to him, no contract was created with the government which saved him any rights under the repealing act of March 3, 1905, c. 1495, 33 Stat. 1264.

103 P.Rep. 844 affirmed.

The facts, which involve rights of a patentee under the forest law acts of June 4, 1897, and March 3, 1905, are stated in the opinion.

Page 219 U. S. 543

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