William O. Douglas

“ The heirship proceeding involves only 'a determination of the question of fact as to who are the heirs of any deceased citizen allottee of the Five Civilized Tribes.' [5] As such, it is little more than an identification of those who by law are entitled to the lands in question and does not directly affect the restrictions on the land or the land itself. Important as these proceedings may be to the stability of Indian Land titles, [6] they are of primary interest only to the immediate parties. The United States is, indeed, hardly more than a stakeholder in the litigation. ”

“ Hellard, supra, that the United States was a necessary party to the partition proceedings, even absent a statutory requirement to that effect.
Heirship proceedings, however, present quite different considerations. They involve no governmental interests of the dignity of those involved in partition proceedings. Restrictions on alienation do not prevent inheritance. ”

“ Moreover, if the lands are both restricted and tax-exempt, it has an interest in the reinvestment of the proceeds of the sale in similarly tax-exempt and restricted lands. Act of June 30, 1932, 47 Stat. ”