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UNITED STATES v. ICKES

No. 7666.

117 F.2d 769 (1940)

UNITED STATES ex rel. JUMP et al. v. ICKES, Secretary of Interior of United States.

United States Court of Appeals for the District of Columbia.

Decided December 30, 1940.

Petition for Rehearing Denied February 15, 1941.

Attorney(s) appearing for the Case

Seth Richardson, of Washington, D. C., and Neal E. McNeill, of Tulsa, Okl., for appellants.

Nathan R. Margold, Solicitor, Department of Interior, Frederic L. Kirgis, First Asst. Solicitor, and H. Byron Mock, Asst. Solicitor, Department of Interior, all of Washington, D. C., for appellee.

Before GRONER, Chief Justice, and VINSON and EDGERTON, Associate Justices.

GRONER, C. J.

Appellants, Josephine Jump and James Strikeaxe, are the children of Bennie Strikeaxe, a deceased Osage Indian. They instituted this mandamus proceeding against the Secretary of the Interior to establish, as sole heirs of their father, a claim to an allotment of the tribal lands and funds, as provided in the Osage Allotment Act of June 28, 1906,1 and which they assert was unlawfully withheld. Prior to the passage of the Act...

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