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Parker v. Richard, 250 U.S. 235 (1919)
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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.
Parker v. Richard, 250 U.S. 235 (1919)
Parker v. Richard Nos. 313 , 563 Argued April 24, 1919 Decided June 2, 1919 250 U.S. 235
APPEALS FROM THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
Under § 9 of the Act of May 27, 1908, c.199, 35 Stat. 312, providing
that the death of any allottee . . . shall operate to remove all restrictions upon the alienation of said allottee’s land: Provided, That no conveyance of any interest of any full-blood Indian heir in such land shall be valid unless approved by the court having jurisdiction of the settlement of the estate of said deceased allottee,
lands of a deceased full-blood allottee, descended to & full-blood heir and not conveyed with the approval of such court, are "restricted lands" in the sense of § 2 of the same act, which provides that leases of "restricted lands" for oil, gas or other mining purposes may be made, with the approval of the Secretary of the Interior, under rules and regulations provided by him, and not otherwise. P. 238.
The fact that, by the proviso of § 9, supra, Congress authorized a state court -- practically as a federal agency -- to sanction conveyances does not affect the force and operation of the restrictions while they remain. Id.
During the continuance of such restrictions, the duty to protect the interests of the full-blood heir by supervising the collection, care, and disbursement of royalties arising from an oil and gas lease made under § 2, remains with the Secretary of the Interior. P. 239.
245 F. 330 reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Parker v. Richard, 250 U.S. 235 (1919) in 250 U.S. 235 250 U.S. 236. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=VGIKNDSARBMGV7Y.
MLA: U.S. Supreme Court. "Syllabus." Parker v. Richard, 250 U.S. 235 (1919), in 250 U.S. 235, page 250 U.S. 236. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VGIKNDSARBMGV7Y.
Harvard: U.S. Supreme Court, 'Syllabus' in Parker v. Richard, 250 U.S. 235 (1919). cited in 1919, 250 U.S. 235, pp.250 U.S. 236. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=VGIKNDSARBMGV7Y.
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