In Error to the Circuit Court of the United States for the District of Montana.

Action at law by the United States against Henry Henkel, Caroline Henkel. George Henkel, William Henkel, Lizzie Henkel, and Mamie Henkel. Judgment for plaintiff, and defendants bring error.

The United States brought an action against the plaintiffs in error to recover the possession of about 800 acres of land of the Blackfeet Indian reservation, in Montana. The complaint alleged that prior to November oj 1906, the United States, pursuant to the Reclamation Act (Act June 17, 1902, c. 1093, 32 Stat. 388 |.U. S. Comp. St. Supp. 1911, j). 662]), made surveys for the Milk river irrigation project, in the northern part of Montana, anil that the lands described in the complaint were necessary for flowage and construction purposes in connection With said project; that the plaintiffs in error prior to that date settled on and occupied the said land by virtue of their being wards of the government and members of the Riegan tribe of Indians, with the exception of Henry Henkel, a white man, the husband of Caroline Henkel and the father of the other parties defendant to the action, all of whom resided together on the reservation; that on November 5, 1906, Caroline Henkel, for herself and her two daughters, together with George and William Henkel, made a written proposition to tile Commissioner of Indian 'Affairs to' relinquish to the United States all claim to the lands then occupied by them, being the lands described in the complaint, and all buildings thereon, for the sum of $7,500, reserving to themselves the right to select their allotments of equal area as provided by law from the unoccupied lands of the said reservation; that Henry Henkel, as head of the family, approved said proposition; that on February 15, 1907, the proposition was approved and accepted by the Secretary of the Interior, who paid to Caroline Henkel the said sum of $7,500; that thereupon she, for herself and her two daughters, signed a receipt for said sum, and a relinquishment of all their rights to the land occupied by them, and said receipt was also signed by George and William Henkel, and approved by Henry Henkel. The defendants to the action demurred to the complaint on thg ground that the court had no jurisdiction, and that the complaint did not state facts sufficient to constitute a cause of action. The demurrer was overruled, and the defendants filed their answer, in which they alleged that they, with the exception of Henry Henkel, were members of the Piegan tribe of Indians and wards of the government, residing upon the reservation, and that for more than 10 years before the commencement of the action they had, with Henry Plenkel, resided thereon, and on the lands described in the complaint; that since the passage of Act March 1,1907, c. 2285, 34 Stat. 1035, providing for the opening of the said reservation they have, and do select from the lands occupied by them, certain lands as the allotment for each, describing the same by their legal subdivisions; that under the provisions of such act they are entitled to have the same allotted to them, but that the allotting officers have refused and declined to allot the same to them; that under protest George, William, and Lizzie Henkel have selected lands elsewhere upon said reservation which have been allotted to them, but which they offer to relinquish and to take In lieu thereof the lands by them first selected; that Garoline Henkel is ready and willing to return the sum of $7,500 to whomsoever may be entitled to the same, with legal interest thereon, and offers to pay the same into the court for the use of the plaintiff. The defendant in error filed a demurrer to the matter so pleaded in the answer on the ground that the same does not state facts sufficient to constitute a defense. The demurrer was sustained, and thereafter judgment on the pleadings was rendered for the defendant in error.