;• Appeal from the Circuit Court of the United States for the District óf Oregon.

This is an appeal from a final decree rendered in a suit in which the bill,, in. spbstance, alleged that Philomme Smith is a full-blooded Indian woman, a member of the Walla Walla band of Indians, residing upon the Umatilla Indian reservation; that F. A. Smith, a white man, is her husband; that Charles Smith, Maggie Smith, and Janie Smith are their children and members of the Walla Walla band of Indians residing upon the said reservation; that Elizabeth Smith is their granddaughter, being a ’daughter of James Smith, deceased, who was their son; that George Smith, Soxihia Smith, and Lura Smith were their children who had died leaving no lineal descendants, nor wife nor husbands, surviving, and that F. A. Smith is the sole heir of said deceased children according to the laws of Oregon; that about April 1, 1891, under authority of the act of Congress approved March 3, 1885 (Act March 3, 1885, c.' 319, 23 Stat. 340), the President of the United States caused lands upon the Umatilla Indian reservation to be allotted in severalty to the Indians residing thereon, and for that purpose appointed commissioners to make the allotment ; that, at the. time when the commissioners entered upon the discharge of their duties, said Philomme Smith, as the head of her family, consisting of her husband and her said children, was, and for a long time prior thereto Rad been, settled upon and in the actual possession of, and had valuable improvements upon, certain described lands in the reservation, by and with the consent of the head men of said tribe or band of Indians, and that said Philom-me Smith, as the head of her family, went to said commissioners and made selections of land for liersolf and her children, who were then minors; that said commissioners refused to allot said lands io the said children, as requested, but proceeded to allot the same to Margaret Bourner and to Martha Herbert, now Martha Bonifer, which allotments were thereafter approved by the Honorable Secretary of the Inferior, and thereafter trust i»itents were issued to said al-lottees. which provide that the United States does and will hold said lands in trust for said allottees for 25 years; that, at the time when said allotments were made, the said Margaret Bourner and Martha Bonifer knew that the appellees were in the actual possession of said lands; that the Secretary of the Interior thereafter wrongfully caused the said im tontees or their heirs to be put in possession of the said lands. The bill prayed for a decree awarding to the appellees the lands so selected for the said children of F. A. and Hiilom-me fhnith. A demurrer was interposed for want of equity in the bill, and for want of jurisdiction of the subject-matter of the suit. The demurrer was overruled. Smith et al. v. Bonifer et al. (O. C.) 132 Fed. 88!). The defendants in the bill then answered denying all the material allegations thereof, and praying for a dismissal of the same. Upon the evidence taken the court found for the appellees, and awarded them the relief prayed for.