Mahlon Pitney

“ In conformity to its provisions, the United States Indian agent, after investigation, made the appropriate finding and recommended the removal of restrictions upon the alienation by Mary Jane Lanham of her surplus allotment, and this was approved by the Secretary of the Interior in writing under date of March 26, 1908, in these terms: 'Approved: this approval to be effective thirty days from date.' If either the day of the approval or the day of the conveyance be included, thirty days had expired on the day the deed was executed. ”

“ It is conceded that because of legislation by Congress prior to the Act of April 21, 1904 (chap. 1402, 33 Stat. at L. 189, 204) , the land was inalienable, unless the restriction upon its alienation had been removed by an order of the Secretary of the Interior, made pursuant to that act. ”