Joseph McKenna

“ Appellant's contention is that the act is neither directory nor mandatory; it is permissive only and has been, it is said, so construed by the Secretary. There are cases, however, that decide that an officer 'authorized' is an officer commanded in a matter of public concern. [1] Besides, there are words of direction in the act and they are necessary to its purposes. But if it may be assumed there is a discretion in the Secretary he has exercised it against the appellant by denying his right to an allotment, presumably in reservation of the land for sale as provided in the act. ”

“ The proposition has a relevant and conclusive application when a judgment of a former action is pleaded but limited application when urged in the same suit, it expresses a practice only and useful as such, but not a limitation of power. ”

“ In execution of the purposes of the treaty Congress passed an act in 1882 (22 Stat. 341) by which the Secretary was authorized to allot the portion of the reservation lying east of the Sioux City & Nebraska Railroad in severalty to a head of a family a quarter section (160 acres) , to each single person over 18 one-eighth of a section, to each orphan child under 18 one-eighth of a section, and to each other person under that age one-sixteenth of a section. The issue of patents was provided for, the lands to be held in trust for 25 years for the sole use and benefit of the respective allottees ”