“ On July 16, 1909, Knight's contest was called for hearing before the Commissioner to the Five Civilized Tribes in pursuance of the Secretary's direction that it be considered and disposed of on its merits, and Knight then appeared and protested against any further steps therein, insisting that, in virtue of the matters here recited, he had acquired a fixed and absolute right to the patent, and that the administrative officers were without authority to proceed with the contest. ”

“ Rep. 485:
'Until the legal title to public land passes from the government, inquiry as to all equitable rights comes within the cognizance of the Land Department. In United States v. Schurz, 102 U.S. 378, 396, 26 L. ed. 167, 171, which was an application for a mandamus to compel the delivery of a patent, it was said: 'Congress has also enacted a system of laws by which rights to these lands may be acquired, and the title of the government conveyed to the citizen. ”

“ On August 21, 1907, a parcel of allottable land containing 50 acres, in the Cherokee Nation, was selected as an allotment for Eva Waters, a minor Cherokee child belonging to the class whose rights to participate in the distribution and allotment of the tribal funds and lands were sustained in the recent decision in Gritts v. ”