United States v. Reilly
290 U.S. 33 (1933)

Annotate this Case

U.S. Supreme Court

United States v. Reilly, 290 U.S. 33 (1933)

United States v. Reilly

No. 31

Argued October 18, 19, 1933

Decided November 6, 1933

290 U.S. 33

Syllabus

The Act of June 21, 1906, provides: "All restrictions as to sale and incumbrance of all lands, inherited and otherwise, of all adult Kickapoo Indians, and of all Shawnee" and other named Indians

"who have heretofore been or are now known as Indians of said tribes, affiliating with said Kickapoo Indians now or hereafter nonresident in the United States, who have been allotted land in Oklahoma or Indian Territory are hereby removed."

Then follow provisos that "any such Indian allottee who is a nonresident of the United States may lease his allotment without restriction for a period not exceeding five years," and that the parent or next of kin having care and custody of a minor allottee may lease his allotment, etc.

Held:

1. The Act does not remove the restriction on alienation from an allotment during the life of the allottee. P. 290 U. S. 38.

2. The qualifying phrase "now or hereafter nonresident in the United States" applies to the Kickapoos as well as to the other Indians named. P. 290 U. S. 39.

3. Where a direct allottee died a nonresident and the land descended to her son, who, though formerly a nonresident, resided at the time of her death and thereafter in the United States with the people of his tribe, the restriction on alienation of the inherited land was not removed by the Act; for at no time did the heir's nonresidence and his ownership of the land coincide. P. 290 U. S. 40.

62 F.2d 621 reversed.

Certiorari, 289 U.S. 721, to review the affirmance of a decree dismissing a bill brought by the United States to enjoin the respondent Reily from trespassing upon an Indian's inherited allotment, and from disturbing lessees in possession, under color of a deed from the Indian owner, and from prosecuting the lessees and certain federal administrative officials by certain civil proceedings in a state court.

Page 290 U. S. 34

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