Court of Appeals for the Ninth Circuit May 18, 1908, No. 1,518 (United States v. Moore)

ROSS, Circuit' Judge.

The court below sustained a demurrer to the complaint in this case and dismissed it. The question for decision, therefore, is the sufficiency of that pleading. Upon its face it shows that the action was brought at the request of the Secretary of the Interior and the Commissio'ner of Indian Affairs and under the direction of the Attorney General.