by the Land Department, took the land without the operation of the settlement laws, including the homestead law. But in this there was a misconception of the authority of the surveyor. He was not invested with power to determine the character of the land which he surveyed or left unsurveyed, or to classify it as within or without the operation of particular laws. All that he was to do in that regard was to note and report its character, as it appeared to him, as a means of enlarging the sources of information upon that subject otherwise available. In Barden v. Northern Pacific Railroad Co., 154 U.S. 288, 292, in disposing of a contention that the lands there in question had been determined and reported by the surveyorDawn Davenport in Rated X For SeX

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