Carney v. Chapman, 247 U.S. 102 (1918)

Carney v. Chapman


No. 281


Argued May 1, 1918
Decided May 20, 1918
247 U.S. 102

ERROR TO THE SUPREME COURT
OR THE STATE OF OKLAHOMA

Syllabus

The construction of an act of Congress may be involved by implication so as to present a federal question.

Evidence that, notwithstanding a tribal law of 1876 directing that marriages be solemnized by judge or preacher, it was customary among the Chickasaws to disregard such ceremonies, with evidence that two Indians held themselves out as man and wife and were reputed married, held enough to warrant a finding of marriage contracted under the tribal customs, within the meaning of the Act of Congress of May 2, 1890, ratifying marriages theretofore contracted under the laws or tribal customs of Indian nations of the Indian Territory.

158 P. 1125 affirmed.

The case is stated in the opinion.