Henkel v. United States, 237 U.S. 43 (1915)
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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.
Henkel v. United States, 237 U.S. 43 (1915)
Henkel v. United States No. 142 Argued January 20, 21, 1915 Decided April 5, 1915 237 U.S. 43
ERROR TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
There is no question of the authority of the United States to devote the Indian lands involved in this action to irrigation purposes.
Under the provisions of the Reclamation Act of June 17, 1902, the Secretary of the Interior had power to acquire all rights and property necessary therefor, including those of allottee Indians, by paying for their improvements and giving them the right of selecting other lands.
The restrictions on alienation of lands allotted to Indians within the area of the Milk River Irrigation Project did not extend to prohibiting an allottee Indian from selling his improvements to the United States and selecting other lands so that the United States could use the lands selected for purposes of an irrigation project as provided by act of Congress.
In this case, held that the mother of Indian minors whose father was not an Indian was the natural guardian, and her relinquishment of the original allotment on their behalf was proper and binding.
196 F. 345 affirmed.
The facts, which involve the rights of allottee Indians and the power of the government to purchase improvements and make new allotments where the land allotted is needed for reclamation purposes, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Henkel v. United States, 237 U.S. 43 (1915) in 237 U.S. 43 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=UIWXISWVYUDFLBG.
MLA: U.S. Supreme Court. "Syllabus." Henkel v. United States, 237 U.S. 43 (1915), in 237 U.S. 43, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=UIWXISWVYUDFLBG.
Harvard: U.S. Supreme Court, 'Syllabus' in Henkel v. United States, 237 U.S. 43 (1915). cited in 1915, 237 U.S. 43. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=UIWXISWVYUDFLBG.
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