McCutchen

Application is made in each of the above-entitled cases for the issuance of an injunction in the nature of a restraint of waste, and for the appointment o.f a receiver to take charge of and operate the oil wells situate upon the properties in controversy. Substantially the same state of facts' is presented in each case, and the legal questions presented for determination are essentially similar. All are suits to quiet the title of the government in and to certain oil lands in this state now in the possession of and claimed under oil land locations by the respective defendants. The basis of the government’s claim in this behalf is that the lands were withdrawn from entry and location by the government and that in consequence the entry of the respective defendants thereon has served in no wise to give them any rights as against the government.

It will be remembered in this connection that on September 27, 1909, the President of the United States issued his much discussed withdrawal order, temporarily withdrawing from all forms of location, settlement, etc., certain specified public lands, including those in controversy herein, then belonging to the United States government; and,…