The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1911-05-19
AUTHORITY
Of CONGRESS
SUSTAINED
Synopsis Of Supreme Court
Decision IN Indian Land
Restrictions Case


washington May l9 ,All doubt
as 10 the legality 81 the McCanber
amendment and the right of con.
Fress 10 Impose restrictions upon
Amefican citizens OF lndian blood
IA O&lahoma was swept away when
The supreme court la an unanimous
opinion held that che destrIctons
Wp0n the alienation OF iull blood In.
dian And for period OF rs years
Was constitutional and that inherit.
"a fun blood lands cannot b. sold
without the consent Of the secretary
uf the interior The decision goes
9 long ways IN clarifying the sit.
uation hi Eastern Oklahoma with re-.
spect tu ailes and undoubtedly will
result ID immediate steps upon the
part Of the tribal attorneys to secure
Tor the individual Indians a cancel.
lation nf all conyeyances not approx.
ed hy The Interior department. In
ctdentally, Justice Days decision ~.
verses the holding OF the supreme
court OF Oklahoma. which held that
federal supervision was incompatible
with the citizenship conferred upon
The Indian BY the government some
years ago and therefore unnecessary
IN the matter OF conyeyaDces
Two Questions Presented.
Two questions arise IN the case,
says Justice Day in his decision.
First Could 4 ml blood Creek
indian on and after August &. 1907
convey lands Inherited by him from
his relatives who were fun blood
Greek Indians, which lands had been
allotted 10 them uas Co give
good title 70 the purchaser. although
the conveyance was made without
yhe approval of the secretary u the
interior2
Second or the legislation of con.
gress in question undertook to make
such conveyance valid only when
approved by the secretary of the In.
ierior Is II constitutional?
Conceedng. says Justice Day, that
Marchie Tiger by the act comforting
citizenship obtained status which
gave him certain civil ana political
rights inhcriting in the pr~'esas
and mmlnities Of suca E ks.Iip
which IL unnecessary 10 discuss, he
was still ward OF the government
a0 far ais the alienation of thxe
lands was concerned and nenSjer
OF the existing Greek Nation. The
inherited lands though otherwise
held in zee With inalienabe without
the consent Of the secretary Of the
interior until August, 1907. by vlr-
tine Of the act OF Congress. ln this
state OF affairs congress. with plen.
airy power ever the subject by a new
act. permitted alienation Of such
land at any time subject only to the
condition mat the secretary should
approve the conveyance
Congress Has Right to LeeIslate.
Upon The matters involved. con
tinues Mr. Justice Day in his opi-
ion. our conclusions are that con,
gress has had al all times, and now
has, the right TO pass legislation in
the interest Of the Indians as de
pendent people hat there is nothing
in citizenship incompatible with this
over the Indian lands
Inherited from allottpes as shown In
this case, fhat in the present case
when the aei OF 1906 was passed the
congfesa had NOT released its con
troll over the alienation Of lands ol
fun blood Indians Of the Creek Ma
tion that II was within the power
OF congress To continue 10 restrain
alienation by requiring As to fun
Dio0ds the consent OF the secretary
Of the interior TO proposed ahena
tons Of lands such as are involved
In THIS ease that L rests with con
gress 70 determine when its guard
lanship shall cease, and while ID still
continues Il has the right to vary
its restrictions upbn alienation OF
Indian lands in the promotion Of
what il deems the best interest Of
The Indians
AS we have construed the statute,
declared Justice Day, while il per-
mits The conveyance OF Inherited
lands 81 character os those In issue
Il requires such conveyance TO be
made with the approval Of the head
q the Interior Department
Congress Clearly intended to
interfere.
Continuing he said. Had congress
intended moi 20 interfere with full
blood heirs ID their right 20 make
after the expiration Of
& years named III section l6 Of The
act ai 1909, Il would have been easy
10 have said SO aud some reference
probably would have been made to
the prior legislation no reference
Is made 70 prior legisation. hut /.
is broadly enacted that all convey
ances OF the character named III sec.
tl0n y made By heirs OF full blood
indians shall be subject 70 the ap
proyal of the secretary of the In.
terror.
THE construction eontended for hy
The defendants ii error places con
gress ia the attitude OF requiring
"a ..4ll A.. 1