“ It is contended that we are without jurisdiction because no title, right, or immunity was specially set up or claimed under any Federal statute and denied. But, leaving aside for a moment all other considerations, it is plain that the defendant below set up a claim of immunity from suit in the state court under the laws of the United States, and that the right to the immunity so asserted under an act or acts of Congress was expressly considered and denied by the state court. ”

“ It results, therefore, that the act of Congress of 1894, which delegated to the courts of the United States the power to determine such questions, cannot be construed as having conferred upon the state courts the authority to pass upon Federal questions over which, prior to the act of 1894, no court had any authority. The purpose of the act of 1894 to continue the exclusive Federal control over the subject is manifested by the provision of that act which commands that a judgment or decree rendered in any such controversy shall be certified by the court to the Secretary of the Interior. ”

“ Discussing the interest which the Indians primarily acquired in the allotted land, it was concluded that 'the United States retained the legal title, giving the Indian allottee a paper or writing improperly called a patent, showing that, at a particular time in the future, unless it was extended by the President, he would by entitled to a regular patent conveying the fee. ”