In the case of Garfield, Secretary of the Interior, v. United States ex rel. Allison in 1908, the Supreme Court ruled on a dispute over land rights in New Mexico. The plaintiff, Allison, claimed that he had purchased lands from Pueblo Indians which were later declared public domain by an act of Congress and subsequently sold to another party by Secretary Garfield's Department of Interior. The court held that under existing laws and treaties with Native American tribes at the time these transactions took place; Pueblo Indians did not have authority to sell their lands without federal government approval. Therefore, any such sales were invalid ab initio (from inception). Consequently, when those same lands became part of public domain through congressional action years later they could be legally sold by Department of Interior as it was done here.

In the dissenting opinion for Garfield v. United States ex rel. Allison, Justice Harlan disagreed with the majority's decision to deny a writ of mandamus against Secretary of Interior James R. Garfield in relation to land patents in New Mexico and Arizona territories. He argued that the Secretary had no discretion but to issue patents once it was established that all legal requirements were met by applicants under federal law providing for disposal of public lands in those territories, which he believed was clearly demonstrated by Allison and his associates who sought mining rights on these lands. In essence, Justice Harlan contended that when an applicant has complied with every requirement imposed by law relating to obtaining title from government-owned property, it becomes mandatory upon administrative officers like Secretary Garfield to execute conveyance documents such as land patents without any further delay or refusal based on their own judgment or interpretation.