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United States v. Payne, 264 U.S. 446 (1924)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
United States v. Payne, 264 U.S. 446 (1924)
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United States v. Payne No. 240 Argued February 25, 1924 Decided April 7, 1924 264 U.S. 446
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. The United States, as guardian of tribal Indians, is bound to discharge its trust with good faith and fairness, and treaties made with them should be liberally construed. P. 448.
2. The treaty made in 1855 with the Quileute and other Indians, by which they surrendered broader claims for a limited reservation, provided for money "to clear, fence, and break up a sufficient quantity of land for cultivation," and authorized the President to assign "lands" in severalty to the Indians for permanent homes. Held that timbered lands were not intended to be excluded from assignment. Id.
3. The General Indian Allotment Act should be construed when possible in harmony with previous Indian treaties. Id.
4. The General Allotment Act, in limiting allotments to "eighty acres of agricultural or one hundred and sixty acres of grazing land to any one Indian," was not meant to preclude an allotment of timbered lands, capable of being cleared and cultivated, but simply to differentiate in the matter of area between lands adaptable to agricultural uses and lands valuable only for grazing purposes. P. 449.
284 F. 827 affirmed.
Appeal from a decree of the circuit court of appeals which affirmed a decree of the district court for the plaintiff and appellee Payne in his suit to determine his right to an allotment of land in an Indian Reservation.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Payne, 264 U.S. 446 (1924) in 264 U.S. 446 264 U.S. 447. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=7C991B6M55JYL4P.
MLA: U.S. Supreme Court. "Syllabus." United States v. Payne, 264 U.S. 446 (1924), in 264 U.S. 446, page 264 U.S. 447. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=7C991B6M55JYL4P.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Payne, 264 U.S. 446 (1924). cited in 1924, 264 U.S. 446, pp.264 U.S. 447. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=7C991B6M55JYL4P.
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