Heffelman v. Udall
Decision Date | 24 May 1967 |
Docket Number | No. 9057.,9057. |
Citation | 378 F.2d 109 |
Parties | Charles W. HEFFELMAN, Appellant, v. Stewart L. UDALL, Secretary of the Department of Interior of the United States, Appellee. |
Court | U.S. Court of Appeals — Tenth Circuit |
Jess Larson, Washington, D. C. (Urban A. Lester, Washington, D. C., with him on the brief), for appellant.
John G. Gill, Jr., Atty., Dept. of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., John M. Imel, U. S. Atty., Hugh V. Schaefer, Asst. U. S. Atty., and Roger P. Marquis, Atty., Dept. of Justice, with him on the brief), for appellee.
Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.
The primary question here presented is whether jurisdiction exists under section 10 of the Administrative Procedure Act, 5 U.S.C. § 1009, to permit judicial review of a decision of the Secretary of the Interior determining heirship to the restricted estate of an Indian. The district court dismissed the action for lack of jurisdiction and this appeal followed.
Appellant is a claimant to part of the restricted estate of Louise Wilson, an unallotted Quapaw Indian who died testate on June 16, 1962. Decedent, under the terms of a will executed with the approval of the Secretary, left her estate to certain named persons with a proviso that in the event she remarried1 her husband was to receive one-third of her estate. Appellant claims that he is the surviving husband of Louise Wilson through a valid common-law marriage existing at the date of her death. The Secretary, after a full evidentiary hearing, found from conflicting evidence and as a matter of ultimate fact that there had been no common-law marriage and designated distribution of the estate to the named beneficiaries. Appellant contends, among other things, that such finding is not based upon substantial evidence and is contrary to the laws of the State of Oklahoma and the United States.
As this court noted in Chournos v. United States, 10 Cir., 335 F.2d 918, 919, approval apparently has been given judicial jurisdiction to entertain suits under section 10 of the Administrative Procedure Act to review decisions of the Secretary of the Interior in some instances where the aggrieved party has exhausted available administrative remedies. Best v. Humboldt Placer Mining Co., 371 U.S. 334, 338 n. 7, 83 S.Ct. 379, 9 L.Ed.2d 350; Foster v. Seaton, 106 U.S.App.D.C. 253, 271 F.2d 836. The Act, however, is self-limiting and has no application where "(1) statutes preclude judicial review or (2) agency action is by law committed to agency discretion." We must, then, turn to a consideration of the authority expressed or implied in the statutes pertaining to the Secretary's control over the distribution of restricted Indian estates.
The Act of June 25, 1910, 36 Stat. 855, as amended, 25 U.S.C. §§ 372, 373, provides:
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