110 F. 60 | U.S. Circuit Court for the District of Oregon | 1901
The plaintiff is a full-blooded Indian woman of the Walla Walla tribe, having a white man for her: husband. Prior to the allotment of lands on the Umatilla Indian reservation to the confederated bands of Cayuse, Walla Walla, and Umatilla Indians residing thereon, made in pursuance of the act of congress of March 3, 1885, and.during the year 1887, plaintiff made selection of the land in controversy, and had the same assigned. to her by the reservation agent. She and her husband caused fur
The right of the plaintiff to an allotment having been decided in her favor, it does not appear upon what ground the department refused to cancel the allotment made to the defendant of the lands selected and improved by the plaintiff, and to allot such land to the plaintiff. It is contended for the defendant that this refusal is conclusive of the question in this court, under .the provisions of the act of March 3, 1885 (23 Stat. 340), which provides, among other things, that the secretary of the interior shall have power to make needful rules and regulations to carry into effect the provisions of the, allotting act, “and shall have power to determine all disputes and questions arising between Indians respecting their allotments.” But the later act of August 15, 1894 (28 Stat. 305), confers upon the proper circuit courts of the United States “jurisdiction to try and determine any action, suit or proceedings arising within their respective jurisdictions, involving the right of any person, in who or in part of Indian blood or descent, to any allotment of land under any law or treaty.” Under this act jurisdiction has been exercised by a circuit court of the United States, in a case like this, to decree relief, notwithstanding the decision of the question by the land department. Sloan v. U. S. (C. C.) 95 Fed. 193. Jurisdiction is by this act conferred in terms that leave nothing to construction. The findings of the special examiner are supported by the testimony