“ In our opinion, the claim that the United States must be made a party is without foundation. Under the act of 1894 (supra) the circuit courts are given jurisdiction to try and determine any action of this nature, involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any law or treaty, 'and the judgment or decree of any such court in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him. ”

“ The right to roam over so much of the territory as was ceded by them to the government, as they had been accustomed to do, and such as were not settled upon or claimed for individual use by citizens of the United States, seems to have been recognized, or to have been expected by the government, although the residence of the tribe or band as such was to be within the reservation mentioned in the treaty. ”

“ They were recognized by Homily, chief of the Walla Wallas, and various other head men and members of the confederated tribes, and the Indian agent then in charge assigned each one of them to a parcel of land, after selection, and they have made valuable improvements on and have continued to reside thereon, as far as this record shows, ever since, the value of their improvements amounting to a considerable sum. ”