Brader v. James,
246 U.S. 88 (1918)

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U.S. Supreme Court

Brader v. James, 246 U.S. 88 (1918)

Brader v. James

No. 126

Argued January 7, 8, 1918

Decided March 4, 1918

246 U.S. 88


Under the Supplemental Agreement with the Choctaws and Chickasaws of July 1, 1902, c. 1362, 32 Stat. 641, a homestead allotment of a full-blood Choctaw became free from the restrictions imposed by § 12 at the death of the allottee, and the heir of the allottee, though a full-blood, might alienate the land without approval of the

Page 246 U. S. 89

conveyance by the Secretary of the Interior. Mullen v. United States, 224 U. S. 448.

But, by virtue of the Act of April 26, 1906, c. 1876, 34 Stat. 137, § 22, the right in such case was again restricted so that the full-blood heir could no longer convey without the Secretary's approval.

In determining the effect of the Act of 1906, supra, upon the right of a full-blood Indian to alienate, no distinction can be made between cases in which restrictions previously imposed were existent at the date of the act (Tiger v. Western Investment Co., 221 U. S. 286) and those in which they had expired. Congress was dealing with tribal Indians still under its control and subject to national guardianship, and the act, comprehensive, and applying alike to all the Five Civilized Tribes, evinces a purpose to substitute a new and uniform scheme controlling alienation as to all the full-blood allottees and their full-blood heirs. Section 22 is to be construed accordingly.

In view of the repeated decisions of this Court, there can be no doubt of the constitutional authority of Congress to impose the new restriction. United States v. First National Bank, 234 U. S. 245, and United States v. Waller, 243 U. S. 452, distinguished.

49 Okl. 734 affirmed.

The case is stated in the opinion.

Page 246 U. S. 93

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