MR. JUSTICE BROWN, after making the foregoing statement, delivered the opinion of the court.
At the time the petitioner made his applications to the Commissioner of the Land Office for the purchase of these lands the following law was in force, 2 Batt's Rev. Stat. art. 4218 y:
"The Commissioner of the General Land Office may withhold from lease any agricultural lands necessary for the purpose of settlement, and no agricultural lands shall be leased...
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