United States v. Forrester, 211 U.S. 399 (1908)

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United States v. Forrester


No. 287


Argued October 22, 23, 26, 1908
Decided December 14, 1908
211 U.S. 399

ERROR TO THE DISTRICT COURT OF THE UNITED
STATES FOR THE DISTRICT OF COLORADO

Syllabus

United States v. Keitel, ante, p. 370, followed; the rule therein stated as to fraudulent entries of coal lands under §§ 2347-2350, Rev.Stat., by qualified persons for the benefit, and as agents of, disqualified persons, applies not only to cash entries, but also to entries under preferential rights by persons opening and developing mines on the lands entered.

The preferential right under §§ 2348, 2349, Rev.Stat., is not in and of itself the equivalent of an entry uncontrolled by the prohibitions expressed in the statutes relating to entries of coal lands, but is simply a privilege to make the statutory entry of a particular tract in preference to others.

157 F. 396, reversed.

The facts are stated in the opinion.