MR. JUSTICE WHITE, after stating the case, delivered the opinion of the court.
The first and fundamental question is, did the act of Congress of 1860, which confirmed the claim of Preston Beck, Jr., as recommended by the Surveyor General, provide for, or by necessary intendment contemplate that a survey of the grant should be made in order to separate the land embraced within it from the public domain? And we are not relieved from
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