“ The facts are not in dispute and are these: Vincent La Roque, in whose name the trust patent issued, was a Chippewa Indian born in 1883 of parents residing on the White Earth Reservation, and was among those whose names were included in the census of Minnesota Chippewas, made under the Nelson act. Had he lived he would have been entitled to take an allotment under that act. He died shortly after 1889 without an allotment being selected by or for him. ”

“ We think the terms of the general act contemplated only selections on the part of living Indians, acting for themselves or through designated representatives. The express provision for selections in behalf of children and of Indians failing to select for themselves, and the absence of any provision in respect of Indians dying without selections, are persuasive that no selections in the right of the latter were to be made. ”

“ The work of allotment could not be undertaken at once. The cession was not to be effective until approved by the President. Many of the Indians were to be removed from the ceded reservations to the White Earth Reservation, and much other work was required to prepare the way. ”