Oliver Wendell Holmes, Jr.

“ His identity was not disputed, nor, it is said, the acts of adoption that took place long before the relator applied to have his selection approved, and, therefore, the Secretary's duty was merely ministerial, to carry out the mandate of the act. But the admission, at most, is only the admission implied by a plea of estoppel by judgment. In truth it hardly goes so far as that; for when a party says that he is the proper person to decide the question raised, and that he has decided it against the party raising it, he hardly can be said to admit that his decision was wrong. ”

“ If a mere outsider were to make a claim, it would have to be rejected by someone, and the Secretary is the natural, if not the only, person to do it. No list or authentic determination of the parties entitled is referred to by the agreement, so as to narrow the Secretary's duty to identification or questions of decent in case of subsequent death. ”

“ The power of Congress is not doubted. The Indians have been treated as wards of the nation. Some such supervision was necessary, and has been exercised. In the absence of special provisions, naturally it would be exercised by the Indian Department.
However, it hardly is necessary to pass upon that point. Although the answer gave the decision a date, that did not open it for consideration. If the Secretary had authority to pass on the relator's right to select land, his jurisdiction did not depend upon his decision being right. ”