Bowling v. United States, 233 U.S. 528 (1914)
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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.
Bowling v. United States, 233 U.S. 528 (1914)
Bowling v. United States No. 177 Submitted April 17, 1914 Decided May 4, 1914 233 U.S. 528
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
The guardianship of the United States over allottee Indians does not cease upon the making of the allotment and the allottee’s becoming a citizen of the United States. Tiger v. Western Investment Company, 221 U.S. 286.
The United States has capacity to sue for the purpose of setting aside conveyances of lands allotted to Indians under its care where restrictions upon alienation have been transgressed. Heckman v. United States, 224 U.S. 413.
A transfer of allotted lands contrary to the inhibition of Congress is a violation of governmental rights of the United States arising from its obligation to a dependent people, and no stipulations, contracts, or judgments in suits to which the United States is a stranger can affect its interest.
The authority of the United States to enforce a restraint lawfully created by it cannot be impaired by any action without its consent.
Restrictions on alienation imposed by acts of Congress imposed by the Act of March 2, 1889, regarding the allotments to the confederated tribes specified therein, are not mere personal restrictions operative upon the allottee alone, but run with the land and are binding upon his heirs as well for the specified term.
The intent of Congress in regard to its enactments -- such as those relating to restrictions on alienation of Indian allotted lands -- may be indicated by subsequent enactments relating to the same subject matter.
191 F. 19 affirmed.
The facts, which involve the construction of statutes affecting the alienation of Indian allotments, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Bowling v. United States, 233 U.S. 528 (1914) in 233 U.S. 528 233 U.S. 532. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=D42TFPGZI2WD3QJ.
MLA: U.S. Supreme Court. "Syllabus." Bowling v. United States, 233 U.S. 528 (1914), in 233 U.S. 528, page 233 U.S. 532. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=D42TFPGZI2WD3QJ.
Harvard: U.S. Supreme Court, 'Syllabus' in Bowling v. United States, 233 U.S. 528 (1914). cited in 1914, 233 U.S. 528, pp.233 U.S. 532. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=D42TFPGZI2WD3QJ.
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