1 A decision of the Secretary of the Interior determining who
are the heirs of an Indian allottee who died intestate after
receiving his trust patent under the General Allotment Act and
before issuance of a fee simple patent, is made conclusive by the
Act of June 10, 1910, and the district court is without
jurisdiction to reexamine it for alleged error of law. So
held in a suit against an adverse claimant and the United
States. P.
270 U. S. 243.
2. The Act of December 21, 1911, amending § 24 of the
Judicial Code and conferring on district courts jurisdiction of
actions involving the right of persons of Indian blood or decent to
allotment, was but a codification of earlier provisions, and refers
to original allotments claimed under some law or treaty, and not to
disputes concerning the heirs of one who held a valid and
unquestioned allotment. P.
270 U. S. 244.
Affirmed.
Appeal from a decree of the district court dismissing, for want
of jurisdiction, a bill to establish an interest in an Indian
allotment.
MR. JUSTICE McREYNOLDS delivered the opinion of the Court.
Appellant seeks to establish an interest in certain lands
allotted to Little Soldier, a Ponca Indian, under the General
Allotment Act of 1887, c. 119, 24 Stat. 388, as amended by the Act
of 1891, c. 383, 26 Stat. 794. Trust
Page 270 U. S. 244
patents were issued therefor in 1895, and he died March 1, 1919.
It appears from the bill that the Secretary of the Interior, after
due consideration, determined who were the heirs and in doing so
eliminated appellant, although she claimed to be the only surviving
lawful wife. It is alleged that, upon the facts found by him, the
Secretary misapplied the law
The court below held, correctly we think, that it was without
jurisdiction, since the matter had been intrusted to the exclusive
cognizance of the Secretary of the Interior by the Act of June 25,
1910, c. 431, § 1, 36 Stat. 855, which provides:
"That when any Indian to whom an allotment of land has been
made, or may hereafter be made, dies before the expiration of the
trust period and before the issuance of a fee simple patent,
without having made a will disposing of said allotment as
hereinafter provided, the Secretary of the Interior, upon notice
and hearing, under such rules as he may prescribe, shall ascertain
the legal heirs of such decedent, and his decision thereon shall be
final and conclusive."
The question presented must be regarded as settled by what this
Court has said in
Hallowell v. Commons, 239 U.
S. 506;
Lane v. Mickadiet, 241 U.
S. 201;
United States v. Bowling, 256 U.
S. 484. The legislative history of the Act of 1910 --
Cong.Rec. vol. 45, p. 5811 -- lends support to this construction,
and abundant reason for the provision becomes apparent upon
consideration of the infinite difficulties which otherwise would
arise in connection with the sundry duties of the Secretary of the
Interior relative to Indian allotments.
We cannot accept the suggestion that the above-quoted exclusive
feature of the Act of 1910, was repealed by the Act of December 21,
1911, c. 5, 37 Stat. 46, which amended § 24, Judicial Code,
and conferred upon district courts jurisdiction
"of all actions, suits, or proceedings involving the right of
any person, in whole or in part of Indian
Page 270 U. S. 245
blood or descent, to any allotment of land under any law or
treaty."
This paragraph is but a codification of provisions found in the
Act of August 15, 1894, c. 290, 28 Stat. 305, as amended by the Act
of February 6, 1901, c. 217, 31 Stat. 760. It has reference to
original allotments claimed under some law or treaty, and not to
disputes concerning the heirs of one who held a valid and
unquestioned allotment.
The decree is
Affirmed.
