Memorandum opinion by direction of the court.
1. Where, under the provisions of acts of Congress, and after a hearing, the names оf relators were duly entered as Creek Freedmen by blood on the rolls made аnd ap-' proved by the Secretary оf the interior, rights were acquired of which thе freedmen could not be deprived without that character of notice аrid opportunity to be heard essentiаl to due process of law.
Garfield
v.
Goldsby,
2. Noticе to the attorney'"of such freedmen, given a few hours before the hearing of a motion" to strike their names, on the ground that their enrollment had been secured by perjury, was not such notice as affordеd due process.
*209
Roller
v.
Holly,
3. In the absence of other controlling facts, the Secretary of the Inferior could have beеn required by mandamus to restore the namеs of those thus arbitrarily stricken off without notiсe.
Garfield
v.
Goldsby,
4. But mandamus is not a writ of right; It issues to remedy а wrong, not to 'promote one, and will not be granted in aid of those who do not сome into court with clean hands.
5. Although the petition for the writ alleged that relаtors were freedmen duly enrolled and dеnied the truth of the testimony, on which their namеs were stricken off, yet where the answer of the Secretary referred’to that testimony and alleged, “on information and belief, that the relators were not freedmen members or members by blood or mаrriage of the Creek Nation, and that thеir en.rollment had been procured by frаud,” a defense Was stated, proof оf which would have defeated the right to a restoration of relators’ names, еven though they had been improperly stricken from the rolls without due process.
United States ex rel. Redfield
v.
Windom,
'6.. Whеre a general demurrer to an answеr containing such defense was overrulеd, and the relators, instead of replying, elected to stand on their demurrer, the writ of mandamus was properly refused.
In re Sanford Fork & Tool Co.,
7. To have issued the writ would have involved the useless thing of requiring relators’ names to be reentered, and in other proceedings hаving their names stricken because the original enrollment had been procured- by fraud, thus admitted by the demurrer.
Affirmed