United States Supreme Court Cases & Opinions

U.S. Supreme Court

Taylor v. Parker, 235 U.S. 42 (1914)

Taylor v. Parker

No. 58

Submitted November 5, 1914

Decided November 16, 1914

235 U.S. 42

Syllabus

In view of the evils sought to be prevented, and in aid of the expressed policy of the Indians and the United States, the prohibition on alienation by allottees under the Choctaw and Chickasaw agreement ratified by the Act of July 1, 1902, c. 1362, 32 Stat. 641, should be construed as extending to devise by will.

While the Act of April 28, 1904, putting in force the laws of Arkansas in the Indian Territory, enabled an Indian to dispose of his alienable property, it did not operate to remove existing statutory restrictions.

That it was the understanding of Congress that an act did not remove restrictions may be indicated by subsequent acts passed for the express purpose of removing such restrictions.

33 Okl. 199 affirmed.

The facts, which involve the application and construction of Acts of Congress imposing and affecting restrictions on alienation of lands allotted under the Choctaw and Chickasaw agreement ratified July 1, 1902, are stated in the opinion.