William R. Day

“ But we are of opinion that the facts now adduced are insufficient to require us to say that Goldsby could not establish a right to enrolment. The government contends, and we have held, that it does not appear in this case whether Goldsby's name was on the original or other tribal rolls,-a fact essential to be known in order to determine whether his contention be sound that such an enrolment gave him the right to participate in the division of the funds and lands of the nation, irrespective of the action of the Dawes Commission, the court of the Indian territory, or the citizenship court. ”

“ In the extended discussion which has been had upon the meaning and extent of constitutional protection against action without due process of law, it has always been recognized that one who has acquired rights by an administrative or judicial proceeding cannot be deprived of them without notice and an opportunity to be heard. ”

“ We appreciate fully the purpose of Congress in numerous acts of legislation to confer authority upon the Secretary of the Interior to administer upon the Indian lands, and previous decisions of this court have shown its refusal to sanction a judgment interfering with the Secretary where he acts within the powers conferred by law. ”