lone wolf hitchcock argued october decided january treaty concluded kiowa comanche tribes indians friendly tribes might setting apart reservation use indians separate treaty apache tribe indians incorporated two formernamed became entitled share benefits reservation stat first named treaty usually called medicine lodge treaty sixth article thereof provided heads families might select tract land within reservation exceeding acres extent thereafter cease held common exclusive possession indian making selection long family might continue cultivate land twelfth article treaty follows treaty cession portion part reservation herein described may held common shall validity force said indians unless executed signed least three fourths adult male indians occupying cession tribe shall understood construed manner deprive without consent individual member tribe rights tract land selected provided article treaty three tribes settled treaties upon described land october male adult members confederated tribes signed three commissioners representing agreement concerning reservation indian agent certificate appended agreement represented male adults three tribes senate ex doc congress second session page four hundred male adults therefore constituted three fourths certified number total male adults three tribes form agreement proposed treaty terms substance provided surrender rights tribes reservation allotments lands indians severalty feesimple title conveyed allottees heirs expiration years payment setting apart benefit tribes consideration surplus land allotments might made indians provided sundry named friends indians among persons indian agent army officer entitled benefits land conferred agreement members said tribes eliminating acres mountainous land quantity surplus lands suitable farming grazing purposes estimated acres concerning payment made surplus lands commission report president announcing termination negotiations said senate ex doc second session congress connection proper add commission agreed indians incorporate following report done indians upon reservation seem believe whether exercise judgment advice others commission determine surplus land worth two half million dollars congress may induced give much therefore compliance request report desire heard attorney delegation washington upon question agreement signed however effective upon ratification matter congress may appeal extra half million dollars transmitting agreement secretary interior commissioner indian affairs said price paid considerably excess paid cheyennes arapahoes seems fair reasonable government indians land doubtless better quality cheyenne arapahoe reservation attention directed provision agreement favor indian agent army officer suggested permit avail thereof establish bad precedent soon signing foregoing agreement claimed indians assent obtained fraudulent misrepresentations terms interpreters asserted agreement held binding upon tribes three fourths adult male members assented thereto required twelfth article medicine lodge treaty obviously consequence policy embodied revised statutes departing former custom dealing indian affairs treaty providing legislative action subjects various bills introduced houses congress designed give legal effect agreement made indians bills referred proper committee committees indians presented objections propriety giving effect agreement doc congress second session committee indian affairs house representatives unanimously reported bill execution agreement made indians report committee recited favorable conclusion reached committee fullest hearings delegations indian tribes parties interest doc first session congress bill thus reported exactly conform agreement signed indians modified agreement changing time making allotments also provided proceeds surplus lands remaining allotments indians held await judicial decision claim asserted choctaw chickasaw tribes indians surplus lands claim based upon treaty made two tribes ceded reservation question contended lands impressed trust favor ceding tribes whenever reservation abandoned much allotted confederated indians comanche kiowa apache tribes reverted choctaws chickasaws bill referred passed house representatives may cong rec bill reached senate body january adopted resolution calling upon secretary interior information whether signatures attached agreement comprised three fourths male adults tribes response secretary interior informed senate date january records department show census indians year roll used making payment january february appeared males eighteen years age one years secretary called attention fact agreement right selection conferred upon member tribes eighteen years age observed eighteen years held legal age authorized sign agreement number persons actually signed less three fourths adult male membership tribes years held minimum age less three fourths signed agreement either event less three fourths male adults appear signed information bill favorably reported committee indian affairs senate pass body first session following congress bills introduced senate house representatives substantially like noticed senate meanwhile october indians general council male adults tribes purported present protested execution provisions agreement adopted memorial congress praying body give effect agreement memorial forwarded secretary interior commissioner indian affairs lengthy comments pointing fact indians claimed signatures agreement procured fraud legal number indians signed agreement previous bills bills pending contemplated modification agreement important particulars without consent indians communication commissioner indian affairs together memorial indians transmitted secretary interior congress senate doc doc first session congress attention called fact although bgreement october one half allotment contemplated agricultural land sufficient agricultural land entire reservation average acres per indian setting charges fraud complaints respecting proposed amendments designed made agreement stated particular complaint made provision agreement allotments severalty among indians lands agricultural purposes reciting tribal lands adapted purposes suitable grazing memorial proceeded follows submit provision lands allotted us treaty insufficient evident account climate section renders maturity crops uncertain become successful farming community whoever else occupies lands depend upon cattle industry revenue support therefore pray granted privilege keeping reservation treaty made us known medicine lodge treaty thority granted consideration new treaty make allowance land allotted us sufficient us graze upon enough stock cattle increase market support families papers referred house committee indian affairs february favorably reported bill give effect agreement january act passed senate entitled act ratify agreement made indians fort hall indian reservation idaho making appropriation carry effect february house committee indian affairs memorial indians transmitted secretary interior also consideration senate bill alluded reported bill back house favorably certain amendments doc congress first session one amendments consisted adding bill question provision execute agreement made kiowa comanche apache indians although bill thus reported embodied execution agreement last referred title bill changed consequently referred execution agreement made indians fort hall reservation idaho provisions thus embodied bill question substantially conformed contained bill previously passed house except previous enactment subject changed away necessity making indian one half allotment agricultural land half grazing land addition clause inserted bill providing setting apart large amount grazing land used common indians provision question follows addition allotment lands said indians provided agreement secretary interior shall set aside use common said indian tribes acres grazing lands selected secretary interior either one tracts best subserve interest said indians provision agreement favor indian agent army officer also eliminated bill moreover exempted money consideration surplus lands claims indian depredations expressly provided event claim choctaws chickasaws ultimately sustained consideration referred subject action congress bill previous ones provision made allotments indians opening surplus land settlement etc bill became law concurrence senate amendments adopted house stated thereafter acts approved january stat chap march stat chap march stat chap authority given extend time making allotments opening surplus land settlement period exceeding eight months december appropriations made surveys connection allotments setting apart grazing lands authority conferred establish counties county seats townsites proclaim surplus lands open settlement white people june bill filed equity side district columbia wherein lone wolf one appellants herein named complainant suing well members confederated tribes kiowa comanche apache indians residing territory okiahoma present appellees secretary interior commissioner indian affairs commissioner general land office made respondents bill subsequently amendment bill members kiowa comanche apache tribes joined lone wolf parties complainant bill recited establishing occupancy reservation oklahoma confederated tribes kiowas comanches apaches signing agreement october subsequent proceedings detailed culminating passage act june stat chap act congress supplementary said act substance charged bill agreement signed required medicine lodge treaty three fourths male adult members bribe signatures thereto obtained fraudulent misrepresentations concealment similar recited memorial signed council addition grievance previously stated memorial charge made interpreters falsely represented said treaty considered indians treaty provided sale surplus lands time future price per acre whereas truth fact terms said treaty acre allowed said surplus lands sum charged amount far real value said lands also averred portions signed agreement changed congress without submitting changes indians consideration based upon foregoing allegations alleged much said act congress june much said acts supplementary thereto amendatory thereof provided taking effect said agreement allotment certain lands mentioned therein members said indian tribes surveying laying platting townsites locating county seats said lands ceding opening settlement white men acres said lands enacted violation property rights said kiowa comanche apache indians carried effect deprive said indians lands without due process law said parts said acts contrary constitution void conferred right power duty upon respondents perform acts things enjoined required acts congress question alleging intention respondents carry effect aforesaid claimed unconstitutional void acts asking discovery answers interrogatories propounded respondents allowance temporary restraining order final decree awarding perpetual injunction prayed restrain commission respondents alleged unlawful acts threatened done general relief also prayed january rule show cause temporary injunction granted issued response rule affidavit secretary interior filed substance averred complainant lone wolf wife daughter selected allotments act june approved secretary interior members tribes excepting twelve also accepted retained allotments severalty greater part thereof approved bringing suit also averred acres grazing land provided set apart act june use indians common set apart prior institution suit approval council composed chiefs headmen said indians thereupon affidavit verified lone wolf filed effect denied accepted allotment lands act june acts supplementary amendatory thereof thereafter june leave given amend bill amended heretofore stated adding additional parties complainant providing substituted first paragraph bill set forth among things three tribes general council held june voted institute legal proceedings necessary taken prevent carrying effect legislation complained district june denied application temporary injunction cause thereafter submitted demurrer bill amended demurrer sustained complainants electing appeals district appeal pending president issued proclamation dated july stat appx proclamations ordered surplus lands ceded comanche kiowa apache tribes indians opened entry settlement august among things recited proclamation conditions required law performed prior opening lands settlement entry performed also therein recited pursuance act congress ratifying agreement allotments land severalty regularly made member comanche kiowa apache tribes indians lands occupied religious societies organizations religious educational work among indians regularly allotted confirmed societies organizations respectively secretary interior lands ceded agreement regularly selected set aside use common said comanche kiowa apache tribes indians acres grazing lands appeals without passing motion made dismiss appeal affirmed decree overruled motion reargument app appeal allowed decree affirmance review william springer hampton carson appellants assistant attorney general van devanter william pollock anthony campbell appellees justice white delivered opinion sixth article first two treaties referred preceding statement proclaimed august stat provided heads families tribes affected treaty might select within reservation tract land exceeding acres extent thereafter cease held common exclusive possession indian making selection long family might continue cultivate land twelfth article reads follows treaty cession portion part reservation herein described may held common shall validity force said indians unless executed signed least three fourths adult male indians occupying cession tribe shall understood construed manner deprive without consent individual member tribe rights tract land selected provided article treaty appellants base right relief proposition effect article quoted confederated tribes kiowas comanches apaches vested interest lands held common within reservation interest devested congress mode specified said twelfth article result said stipulation interest indians common lands fell within protection amendment constitution came control judicial branch government unable yield assent view contention effect ignores status contracting indians relation dependency bore continue bear towards government uphold claim adjudge indirect operation treaty materially limit qualify controlling authority congress respect care protection indians deprive congress possible emergency necessity might urgent partition disposal tribal lands power act assent indians obtained true decisions indian right occupancy tribal lands whether declared treaty otherwise created stated sacred sometimes expressed sacred fee lands johnson wheat ed cherokee nation georgia pet ed worcester georgia pet ed cook wall ed leavenworth ed beecher wetherby ed none cases involved controversy indians government respecting power congress administer property indians questions considered cases referred either directly indirectly relation nature property rights indians concerned character extent rights respected individuals one cited cases clearly pointed congress possessed paramount power property indians reason exercise guardianship interests authority might implied even though opposed strict letter treaty indians thus beecher weherby ed discussing claim prior reservation land treaty use certain tribe indians said ed right indians held occupancy fee subject right transferred whenever chose grantee true take naked fee disturb occupancy indians occupancy interfered determined presumed matter governed considerations justice control christian people treatment ignorant dependent race may propriety justice action towards indians respect lands question governmental policy matter open discussion controversy third parties neither derives title indians plenary authority tribal relations indians exercised congress beginning power always deemed political one subject controlled judicial department government year policy pursued dealing indian tribes means treaties course moral obligation rested upon congress act good faith performing stipulations entered behalf treaties made foreign nations chinese exclusion case ed sup legislative power might pass laws conflict treaties made indians thomas gay ed sup ward race horse ed sup spalding chandler ed sup missouri roberts ed sup cherokee tobacco wall sub nom half pound papers smoking tobacco ed power exists abrogate provisions indian treaty though presumably power exercised circumstances arise justify government disregarding stipulations treaty may demand interest country indians therefore treaties entered tribe indians never doubted power abrogate existed congress contingency power might availed considerations governmental policy particularly consistent perfect good faith towards indians kagama ed sup speaking indians said ed sup experience hundred years system government congress determined upon new departure govern acts congress seen act march embodied revised statutes indian nation tribe within territory shall acknowledged recognized independent nation tribe power may contract treaty obligation treaty lawfully made ratified indian nation tribe prior march shall hereby invalidated impaired upholding validity act congress conferred jurisdiction upon courts certain crimes committed indian reservation within state said ed sup seems us within competency congress indian tribes wards nation communities dependent dependent largely daily food dependent political rights allegiance receive protection local ill feeling people found often deadliest enemies weakness helplessness largely due course dealing federal government treaties promised arises duty protection power always recognized executive congress whenever question arisen power general government remnants race powerful weak diminished numbers necessary protection well safety among dwell must exist government never existed anywhere else theater exercise within geographical limits never denied alone enforce laws tribes indians fully emancipated control protection subject least far tribal lands concerned controlled direct legislation congress also declared choctaw nation ed sup stephens choctaw nation ed sup view legislative power possessed congress treaties indians indian tribal property may specially consider contentions pressed upon notice signing indians agreement october obtained fraudulent misrepresentations concealment requisite three fourths adult male indians signed required twelfth article treaty treaty signed amended congress without submitting amendments action indians since matters event solely within domain legislative authority action conclusive upon courts act june complained bill enacted time tribal relations confederated tribes kiowas comanches apaches still existed statute statutes supplementary thereto dealt disposition tribal property purported give adequate consideration surplus lands allotted among indians reserved benefit indeed controversy case presents concluded decision cherokee nation hitchcock ante sup decided term held full administrative power possessed congress indian tribal property effect action congress complained exercise power mere change form investment indian tribal property property held substantial effect wards government must presume congress acted perfect good faith dealings indians complaint made legislative branch government exercised best judgment premises event congress possessed full power matter judiciary question inquire motives prompted enactment legislation injury occasioned wish understood implying use made congress power relief must sought appeal body redress courts legislation question constitutional demurrer bill therefore rightly sustained motion dismiss challenge jurisdiction without expressly referring propositions fact upon proceeds suffice say think need adverted since reasons previously given nature controversy think decree affirmed ordered justice harlan concurs result