VAUGHT, District Judge.
The facts in this case are stipulated.
Prior to July 9, 1926, the State of Oklahoma, through its Highway Commission, applied to the Secretary of the Interior of the United States, petitioning him to grant permission in accordance with section 4 of the Act of March 3, 1901, 31 Stat. 1058, 1084, 25 U.S.C.A. § 311, to open and establish a public highway across certain land, which had been allotted to She-pah-tho-quah, a Kickapoo Indian...
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