Heinrich

Section 8 of the Act of June 4, 1920 ( 41 Stat. 754 ), provides, among other things, that:

The present action was instituted by the United States to recover the aggregate amount of several annual charges imposed by-the Secretary of the Interior upon or against certain lands owned by the defendant, pursuant to the authority thus conferred. A demurrer to the complaint was sustained by the court below, and the government electing to stand on its complaint and refusing to plead further, a judgment of dismissal was entered. The demurrer was sustained upon the ground that the statute imposing the liability is unconstitutional and void. United States v. Heinrich (D. C.) 12 F.(2d) 938 . The ease has been brought here by writ of error.

After the entry of the judgment in the court below, section 8 of the Act of June 4r 1920, supra, was amended by the Act of May 26, 1926 ( 44 Stat. 660 ). The amendatory act provides, that any allotment or part of allotment provided for thereunder, irrigable from any irrigation system now in existence or hereafter constructed by the government on the reservation, shall bear its pro rata share, computed on a per acre basis, of the expenditures made from…