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Show REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. 49 vested right in the lands applied for or allotted as to be able to main-tain an action for t,he same under a clause contained in the Indian appro-priation act approved August 15,1894 (28 Stats., 286), which provides- That dl peraons who are in whole or in part of Indian blood or descent who ere entitled to an allotment of land under my law of Congress, or who claim to be ao entitled to land under my allotment act or under any grant madaby Congress, or who olaim to have been nnlswfully denied or excluded from any allotment or any parcel of land to whioh they claim to be lawfully entitled by virtue of any pot of Congress, may commenee and proaeoute or defend any aotiou, suit, or proceeding in reletion to their right thereto, in the proper oirauit aourt of the United States. " * It has been laid down as a very general rule, that where proceedings between parties, even of a public nature, and in which the State is interested, have been allowed to mature, the acquiescence of parties estops them from subsequent interference. Between August 9,1888, and August 3,1896, the Government, through its agents and officers, represented to persons of the classes referred ,to that they were entitled to allotments, admitted, entered, and passed their applications, and approved their allotments. This action was such as to lead any intel-ligent person to conclude that he had a right to the land under said section 4, and if these mts on the part of the Government should form the basis of any suit or proceeding at law under the act of April 15, 1894, it is not clear that they would not constitute a ground of an equitrtble estoppel. BLAOK TOMBHAWK OASE. Under section 3 of the Sioux act of March 2, 1889 (25 Stats., 888), a Sioux Indian, known as Black Tomahawk, selected for his allotment a tract of land described asfollows: The S. &NW. 5, N. & SW. &, and lots 2,3, 4, and 5, sec. 28; the NE. 5 SE. 5 and SE. 5 NE. a, sec. 29; all in Township 5 N., R. 31 E., Black Hills meridian, South Dakota. His right to the land was contested by one Mrs. Jane Waldron, and the oase was first laid before the Department Dcoember 14,1891. The 5rst decision that Mrs. Waldron was qot entitled to the land waa twice reconsidered, and the controversy was not finally concluded until Department commnnication of February 8,1897, directed this office to close the matter, since Mrs. Waldron bad had abundant opportunity to establish her rights, if she had any, and had failed to do so, and to delay longer a determiuation of the oase would practically be a denid of justice. Iustrnctious were given to have the lands above described allotted to Black Tomahawk, hot pending the execution of these instructions, Mrs. Waldron through her attorneys made application to reopen the case. September 16, 1898, the Secretav of the Interior transmitted to this office with his approval an opinion of the Assistant Attorney-General for the Department overruling the motion on behalf of the contestee for reopening the case. The lauds were allotted to Black Tomahawk by Special Allo@ing Agent Winder November 4,1898, and the allotment was forwarded by 8 8 9 6 4 |