Oliver Wendell Holmes, Jr.

“ The patent to Jacob Hallowell followed the language of § 6, and declared that the United States would hold his land for the period of twenty-five years in trust for the sole use of the allottee 'or in case of his decease, of his heirs according to the laws of the state of Nebraska.' The plaintiff says that he is the sole heir as against various other claims set forth in the bill. We do not go into further particulars, as we are of opinion that the circuit court of appeals was right in holding that the district court had no jurisdiction of the case. ”

“ Rep. 621) , and refers to the decisions upon the statutes concerning suits upon certain bonds given to the United States (United States Fidelity & G. Co. v. United States, 209 U.S. 306, 52 L. ed. 804, 28 Sup. Ct. Rep. 537) . But, apart from a question that we have passed, whether the plaintiff even attempted to rely upon the statutes giving jurisdiction to the courts in allotment cases, the reference of the matter to the Secretary, unlike the changes with regard to suits upon bonds, takes away no substantive right, but simply changes the tribunal that is to hear the case. ”

“ This is a bill to establish the equitable title of the plaintiff to an allotment made to Jacob Hallowell, deceased, a member of the Omaha Tribe, in accordance with §§ 5, 6, of the act of August 7, 1882, chap. ”