Messrs. Charles H. Merillat, Charles J. Kappler, and James K. Jones for defendant in error.
Mr. Justice Day delivered the opinion of the court:
These cases were argued and submitted with the Goldsby Case, No. 248, just decided. [Garfield v. United States, 211 U.S. 249 , 53 L. ed.-, 29 Sup. Ct. Rep. 62.] In the case of George A. Allison, a patent had been issued for his lands and duly recorded. In the case of Ida Allison, an allotment certificate had been issued.
The relators are Cherokees, but the legislation herein involved is not different from that governing allotments to members of the Chickasaw Nation.
The Allisons made application to the commission for admission to citizenship under the act of June 10, 1896 (29 Stat. at L. 321, chap. 398). Their applications were denied and no appeal taken. Afterwards a decision by the commission, granting the application of the Allisons for enrolment as citizens by blood, was affirmed by the Department of the Interior as of April 16, 1904. Their names were summarily stricken from the rolls by the Department's order of March 4, 1907. The cases are controlled by the decision in Goldsby's Case.