Certiorari. Application for, should be under oath, and the affidavit should, in effect, set forth the variety of the allegations relied upon as the basis of the application. XVI-125; XVII-100 Application for, must be under oath. IV-31, 558; VI-605; XI-238 Petition should be accompanied by copy of decision complained of or specific recital thereof. II-68; III-184; IV-31; v-588; IX-648; x-159; XVI-481 The rule requiring a copy of the Commissioner's decision to accompany the application has been uniformly followed though not included in the Rules of Practice. XIII-635 Failure to file a copy of the Commissioner's decision with the application can not be cured by filing such copy after the application is dismissed. The Department may waive this objection. XIII-635 Application for, should be accompanied by a copy of the decision denying the right of appeal. XIV-176 Rule 85 of practice does not operate as a limitation on the time within which an application for, may be made. XVIII-41 Rule 85 provides for a period of suspension of the Commissioner's decision, where the right of appeal is denied, but is no limitation on the power of the Secretary to grant an application for, even though it is not filed within said period. XX-287 Notice of application for, should be served upon the opposite party. XIII-673 Notice of an application for, need not be served on the attorney of the opposite party where due service is made upon the party himself. XIII-520 Application for, should set forth specifically the grounds on which it is made and the facts relied upon. 1-565, 628; VI‐605; IX-170 Assignment of errors not required on application for. Application for, suspends action in case. I-565 IV-314 On the filing of an application for, the local officers should be at once directed to suspend all action under the decision in question. XX-464 Application for, when filed in the General Land Office, should be forwarded. IV-314 Is not a writ of right, but issues in the discretion of the petitioned tribunal on a prima facie showing of substantial injustice in the action of the court below. 1-565; II-769; III-503; IV-32; v-205; 1x-172; x-160 Applicant for, must make a prima facie showing of matter subject to supervision, so that a reasonable presumption of error or oversight is raised and the Department convinced that its intervention is required for proper administration of public business or prevention of possible injury. I-569; II-215, 419; III-183, 594 Certiorari-Continued. When it is made to appear that the supervisory authority of the Secretary should be exercised, the application should be granted whether made formally or otherwise. VII-494 The origin of, in the requirement that on denial of right of appeal the case shall be forwarded to the Department. I-628 Instituted to secure a review where the right of appeal does not exist. III-325; IV-269, 314, 559; XVII-111 Provided to cover cases where the Commissioner formally decides against the right of appeal. IV-314; v-673 Will be denied if it does not appear that the applicant has first sought relief by appeal. XI-558; XX-178 A writ of, will not be denied on the ground that the applicant did not seek relief by appeal, where the General Land Office erroneously denies the right of appeal before an attempt to exercise the same is made. XXI-90 Matter which might and should have been set up on appeal, but was not within the prescribed time, is not good ground for. IX-668 Not granted where the right of appeal is lost through failure to file the same in time. IV-331; v-235; VI-122; XII-62; XIII-397, 478; XIV-154; XX-89 The writ of, will not issue where it is apparent that the applicant has not been diligent in the prosecution of his claim before the Department. XX-137 Will not lie where the right of appeal to the Department is lost through failure to appeal from the local office. XI-473 An application for, will be granted where the right of appeal is denied on the ground that it was exercised out of time, and the record does not show that notice of the decision appealed from was served on the applicant. XIX-472 An application for, may be allowed where the appeal is dismissed because taken out of time, and it is shown that the applicant was misled, as to the time allowed for appeal, by the action of the General Land Office. XVIII-41 Application for, may be granted where the failure to appeal in time is due to a mistake that is satisfactorily explained, and where such action will not injure innocent parties. XV-527; XVII-63 Will not be granted if it is apparent that the failure to be heard on appeal, or through motion for rehearing, is the result of the applicant's negligence. VIII-396 Will lie where entry is canceled without notice and appeal denied because not filed in time. IV-11 Writ will not issue through the case is ex parte and the right of appeal is lost through the negligence of attorney. VI-122 Will not be allowed where the right of appeal is lost through the attorney's negligence. XII-388; XIV-176; XVIII-452 Certiorari-Continued. Might be allowed, on proper showing, in lieu of appeal when the latter was not filed in time. IV-226 Appeal may be allowed in lieu of, where the appeal was delayed on account of temporary closing of local office. II-211 Where the application is an appeal in effect, it may be treated as such. V-392 May be granted if it appears that the applicant is entitled to relief, though he may have failed to appeal in time. VIII-423 Will not be granted where the right of appeal is not asserted, nor denied by the Commissioner. XV-290 Will not be granted unless the right of appeal has been denied and such denial results in serious injury to the applicant. X-491 Application for, will not be granted unless it is shown that the Commissioner's decision is erroneous, though he may have erred in declining to transmit the appeal. XIV-67; XX-544 A petition for, will not be granted in the absence of a prima facie showing that calls for a reversal of the action below. XIX-331 Will not be granted if the right of appeal is not wrongfully denied, unless the facts set forth show that the applicant is entitled to relief under the supervisory authority of the Secretary. X-572; XV-126; XVIII-91; XX-116; XXI-122 Though an applicant for, may not be entitled thereto on the ground of the wrongful denial of his appeal, yet, if he is justly entitled to relief, it may be granted, under the supervisory authority of the Secretary. XIX-32 Will not lie where the applicant has suffered no material injury, or where the petition fails to allege such an injury. III-183, 594; IV-28, 277, 559; VIII-485; X-159; XX-130 Application will not be granted if substantial justice has been done, though the proceedings may have been defective and informal. IX-170; XI-473 Not granted if on the showing made it is apparent that the applicant's appeal if before the Department would be dismissed. VI-315; XI-78, 430; XVII-298 Will not be granted where it is apparent that the decision below would be affirmed if before the Department. XIV-205; XXI-109 The Secretary may issue the writ to the local office in a case that calls for such action. X-689 Will not lie to review an interlocutory order of the local office where the ordinary methods of procedure afford relief. X-689 Will lie to review an order of the General Land Office for a hearing. V-175; XIII-259 To review an order of the Commissioner directing a hearing will not be granted unless a clear abuse of discretion shown. III-530; X-250, 491 Certiorari-Continued. Discretionary authority of the Commissioner will not be controlled by the Department in the absence of an apparent abuse. v-412; IX-530, 626, 633; XI-260, 273 Supervisory authority of the Secretary should be invoked by, when an abuse of the Commissioner's discretionary authority is alleged. IX-530 The writ of, will issue to review final action of the General Land Office that is in effect the determination of a substantial right, and where the right of appeal therefrom is denied. XX-211 Where on motion for review new facts are set up and a hearing thereon asked, and the motion is denied by the Commissioner, the right of the applicant, on due showing made, may be reviewed under a writ of certiorari. XXI-130 Supervisory authority may be exercised on motion for review of a decision denying the writ. VIII-423 The supervisory authority of the Department is exercised under certain rules formulated to avoid confusion in practice. VIII-396 Supervisory authority not exercised except upon grounds appealing to executive discretion. I-630 Does not lie to correct errors arising from negligence of parties. I-570 Will not be granted upon allegation by a stranger that contest was initiated for speculative purposes. II-67 An application for, will be denied where it appears that the applicant is not a claimant for the land involved under any of the public land laws. XX-287; XXI-90 Granted where it appears that the whole case was not before the Commissioner. IV-31 Will be granted where it is made to appear that the record should be reviewed for the consideration of the errors alleged. XII-230 Rule of June 19, 1885, requiring application to be filed in General Land Office. III-595 Application for, denied for want of formality, can not be amended, but is no bar to a new application. XI-346 Where the applicant for, alleges the right to be heard on appeal as a contestant, he must affirmatively show by what proceedings he acquired such status. XIV-42 On application for, final judgment may be rendered on the merits of the case without calling for the record, where the showing made justifies such action. Cherokee Nation. XVIII-420 Courts of, recognized as courts of record. IV-535 Cherokee Outlet. See Indian Lands; Oklahoma Lands; Townsite. Circular of September 1, 1893, with the President's proclamation opening lands to entry. XVII-225 Circulars. See Tables of; also Statutes. Intended to be in harmony with the law and general rules of practice. Regulations provided by, authoritative after promulgation. v-134 Citizenship. See Alien; Naturalization. Proof of, in case of entry, sufficient where it follows the statute. XIX-270 VI-631 XIII-683 An Indian born within the United States who has abandoned the tribal relation, and adopted the habits and customs of civilized life, is a citizen of the United States. XXII-215 A claim of membership in an Indian tribe may be established by the laws and usages thereof, although such recognition may not be in harmony with the general rule that among free people the child of married parents follows the condition of the father. XIX-311 A corporation organized under the laws of a State is a citizen of the United States. XIX-141, 148; XXII-1 Proof of, on behalf of a corporation, shown by authenticated certificate of incorporation. XXII-83. The children of a citizen of the United States, though born in a foreign country, are citizens of the United States by virtue of their father's citizenship. XIX-282 A citizen of the United States who, in order to practice his profession while residing in a foreign country, takes an oath of allegiance to the reigning ruler thereof, without renouncing his own citizenship, does not thereby expatriate himself. XIX-282 Claims. See Accounts. Made under a statute must be brought strictly within the statute. II-79 Can not be made by mere words, without attempt to reduce to possession land already another's possession by color of law. II-186, 637 |