delivered the opinion of the court;
This is а suit by the United States to recover the title to 157.77 acres of land in Ascension Parish, Louisiana, pаtented to Powhatan E. Causey and by him transferred to James L. Bradford. While the land was yet public, Causey secured a preliminary homestead entry thereof by taking an oath, as was required, that he had not directly or indirectly made, and would not make, any agreement whereby the title which he might aсquire would inure in whole or in part to the benefit of another. After the expiration of fourteеn months he secured a final entry under the commutation provision of the homestead law by prеsenting proof that he had not sold or contracted to sell any part of the land, and by paying therefor in so-called scrip at the rate of $1.25 per acre. Pursuant to the final entry the land was patented to him, and he transferred it to Bradford. As grounds for the.suit the bill charges that the oath and proof whereby the entries were secured were false in that when Causey applied for the preliminary entry he had entered into an agreement with one Wright, a clerk and agent of Bradford, whereby the title when acquired was to be passed to the latter, that both entries were made in pursuance'of this unlawful agreement and were therefore fraudulent, and that Bradford toоk the transfer from Causey under the agreement and with full knowledge of the fraud perpetrated uрon the Government. It also’ is allegéd that in virtue of an arrangement with Bradford, Causey is claiming an interеst in half of the land. With Bradford’s *401 consent a decree was. entered against him. Causey answered dеnying the unlawful agreement and fraud, and the suit was referred to a master, who. found the facts to be as charged in the bill. The findings were sustained by the District Court, which entered a decree against Causey,, аnd the decree was affirmed by the Circuit Court of Appeals. 203 Fed. Hep. 1022.
Complaint is made of thé findings. They were concurred in by the master and both courts, and therefore should be permitted to stand unlеss shown to be plainly erroneous.
Washington Securities Co.
v.
United States,
c
.The' bill, while purporting to be brought in the name, and for the benefit of the United States, and bearing the signature of the assistant United States Attorney for the district, does not state .or show that it is brought with the sanction of the Attorney General, and because of this it is objected; as it was in both courts below, that the bill .should not bе entertained but "dismissed. In the absence of a controlling statute, and there is none, it is essential tо such a suit that it. he. brought with the Attorney General’s approval; and while the üsu.a¡l and better practice is to state or show in the bill that it is brought with his approval; this .is not indispensable. " The case is arguеd hére on behalf of the Government by one of thé Assistánt Attorneys General,. who files a- certified coрy of a letter
*402
from the Attorney General authorizing the institution of the suit conformably to- a request of the Secretary of the Interior. This sufficiently meets the objection, es- ' peciálly as.it is fairly inferable that the letter was exhibited in the courts below.
United States
v.
Throckmorton,
The further .objection is made that the bill cannot be maintained because it does not contain an offer to return the scrip received when the commuted entry was made. The objection assumes that the suit is upon the same plane as if brought by an individual vendor, to annul a sale of land fraudulently induced. But, as this court has said, the Governmеnt in disposing , of its public lands does not assume the attitude of a mere seller of real estatе at its market value. These lands are held in trust for all the, people,- and in providing for their dispоsal Congress has sought to advance the, interests of the whole country by opening them to entry in сomparatively small tracts under restrictions designed^ to accomplish their settlement,-development and utilization. And when .a suit is brought to annul á patent .obtained in violation of these restrictions, the purpose is not merely to regain the title but also to enforce, a public statute and maintain the policy underlying -it. Such a suit is not within the . reason of the ordinary- rule that a vendor suing to annul a sale frauds ulently induced must offer and be ready to return the consideration received.. That rulé, if аpplied, would tend to frustrate the policy of the public land laws; and so it is held that the wrongdoеr must restore the title unlawfully obtained' and abide the judgment of Congress as. to whether the consideration paid shall be refunded;'
United States
v.
Trinidad Coal Co.,
Decree affirmed.