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455

Opinion of the Court.
emnment established a court of land registration and prescribed
such rules and regulations. Philippine Acts, Nos. 496, 926.
These were, however, suspended as to the Province of Benguet

in which'the land in controversy is situated, and for that rea-
son there was no forum in which plaintiff could have legally

established the title he claimed. ' Accordingly the court of Land
Registration in attempting to hear and determine his rights
was without jurisdiction. This land was a-military reservation
of the United States, and military and other reservations were
excepted from the provision of the organic act .that property
acquired from Spain should be administered for the benefit of
the inhabitants of the Philippines. Further,. in reference to
the sale of public lands to actual occupants or settlers and
others, as in reference to perfecting title to those who prior to

the transfer of sovereignty had fulfilled all or some'of the con-
ditions required by the Spanish law for the acquisition of legal

title, yet had failed to secure conveyance of title, there is an
express restriction to an area of 16 hectares, and the tract here
contains 150 hectares. Sections 12, 16, act of July 1, 1902,
32 Stat. 691, 695, 696.
MR. JUSTICE HOLMES delivered the opinion of the court.

This was an application to the Philippine Court of Land Reg-
istration for the registration of certain land. The application

was granted by the court on March 4, 1904. An appeal was
taken to the Court of First Instance of the Province of Benguet,
on behalf of the Government of the Philippines and also on
behalf of the United States, those Governments having taken
possession of the property for public and military purposes.
The Court of First Instance found the facts and dismissed the
application upon grounds of law. This judgment was affirmed
by the Supreme Court, 7 Philippine, 132, and the case then was
brought here by writ of error. . The material facts found are very few. IThe applicant and
plaintiff in error is an Igorot of the Province of Benguet, where'
the land lies. For more than fifty years before the Treaty of