Levindale Lead & Zinc Mining Co. v. Coleman, 241 U.S. 432 (1916)

Levindale Lead & Zinc Mining Company v. Coleman

No. 322

Argued April 25, 1916
Decided June 5, 1916
241 U.S. 432

ERROR TO THE SUPREME COURT

OF THE STATE OF OKLAHOMA

Syllabus

A statute should, if possible, be construed in the light of its obvious policy, and, as restrictions against alienation of Indian allotments evince a continuance of the policy of guardianship over Indians which does not embrace persons not of Indian blood, it would require clear language to show an intent to impose restriction on allotted lands of non-Indians even if inherited from Indians.

Restrictions such as those contained in the Osage Indian Allotment Act of 1906 do not run with the land until they attach, and then only in accord with the intendment of the Act.

A legislative declaration of the intent of a previous act is not absolutely controlling, and ,in this case, held that later acts of Congress in regard to Osage Indian allotments did not attempt to import into the earlier act a restriction which lay wholly outside of its express terms and the policy it was intended to execute.

The restriction on alienation provisions of the Osage Indian Allotment Act of June 28, 1906, c. 3572, 34 Stat. 539, do not apply to lands, or interests in lands, coming lawfully into ownership of white men who are nonmembers of the Osage tribe.

43 Okl. 13 reversed.

The facts, which involve rights of a white heir of an Osage Indian to the allotment of the latter, and the construction of the Act of June 28, 1906, under which the allotment was made, are stated in the opinion.