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United States Ex Rel. West v. Hitchcock, 205 U.S. 80 (1907)
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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.
United States Ex Rel. West v. Hitchcock, 205 U.S. 80 (1907)
United States ex Rel. West v. Hitchcock No, 194 Argued January 30, 1907 Decided March 4, 1907 205 U.S. 80
ERROR TO THE COURT OF APPEALS
OF THE DISTRICT OF COLUMBIA
Syllabus
While the promise of the United States to allot 160 acres to each member of the Wichita band of Indians under the Act of March 2, 1895, 28 Stat. 876, 895, may confer a right on every actual member of the band, the primary decision as to who the members are must come from the Secretary of the Interior, and, in the absence of any indication in the act to allow an appeal to the courts for applicants who are dissatisfied, mandamus will not issue to require the Secretary to approve the selection of one claiming to be an adopted member of the tribe but whose application the Secretary has denied.
In view of long established practice of the Department of the Interior, and the undoubted power of Congress over the Indians, this Court will hesitate to construe the language of §§ 441, 463, Rev.Stat., as not giving the Department of the Interior control over the adoption of whites into the Indian tribes.
Where the Secretary of the Interior has authority to pass on the right of one claiming to be a member of a band of Indians to select land under an agreement ratified by an act of Congress, his jurisdiction does not depend upon his decision’s being right.
26 App.D.C. 290 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," United States Ex Rel. West v. Hitchcock, 205 U.S. 80 (1907) in 205 U.S. 80 205 U.S. 82. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=Y42YI31WI2J4WBH.
MLA: U.S. Supreme Court. "Syllabus." United States Ex Rel. West v. Hitchcock, 205 U.S. 80 (1907), in 205 U.S. 80, page 205 U.S. 82. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=Y42YI31WI2J4WBH.
Harvard: U.S. Supreme Court, 'Syllabus' in United States Ex Rel. West v. Hitchcock, 205 U.S. 80 (1907). cited in 1907, 205 U.S. 80, pp.205 U.S. 82. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=Y42YI31WI2J4WBH.
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