United States Supreme Court Cases & Opinions

U.S. Supreme Court

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

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. 250 U. S. 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. 250 U. S. 239.

245 F.3d 0 reversed.

The case is stated in the opinion.

Page 250 U. S. 236