Opinion · Supreme Court of the United States

United States v. Payne

United States v. Payne, 264 U.S. 446 (1924)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1924-04-07
Topic
general

How later courts describe this case

  • stating that a later-enacted statute, while controlling in case of conflict, “should be harmonized with the letter and spirit of the treaty, so far as that reasonably can be done”

Citator

UpLaw has not yet analyzed United States v. Payne. The absence of a flag is not a finding that it is good law.

Cited by
57 opinions

Headnotes

  1. Native American Law — Federal Trust Responsibility The United States, as guardian of tribal Indians, is bound to discharge its trust with good faith and fairness, and treaties made with them should be liberally construed in favor of the rights claimed under them. 264 U.S. at 448
  2. Native American Law — Allotment of Tribal Lands Where a treaty with Indians surrendering broader claims for a limited reservation provides for money to clear, fence, and break up land for cultivation and authorizes the President to assign "lands" in severalty for permanent homes, timbered lands are not intended to be excluded from assignment; the treaty provision to clear land for cultivation may well mean clearing it of timber. 264 U.S. at 448
  3. Native American Law — Construction of Statutes Affecting Treaties The General Indian Allotment Act, being later than an Indian treaty, must control in case of conflict, but it should be construed in harmony with the letter and spirit of the treaty so far as reasonably possible, since an intention to alter or partially abrogate a treaty is not to be lightly attributed to Congress; a construction that would materially restrict treaty rights is to be avoided if possible. 264 U.S. at 448-449
  4. Native American Law — Allotment of Timbered Lands The General Allotment Act's limitation of allotments to eighty acres of agricultural or one hundred and sixty acres of grazing land was not meant to preclude an allotment of timbered lands capable of being cleared and cultivated, but simply to differentiate, in the matter of area, between lands adaptable to agricultural uses and lands valuable only for grazing purposes. 264 U.S. at 449