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BOWLING V. UNITED STATES, 233 U. S. 528 (1914)

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U.S. Supreme Court

Bowling v. United States, 233 U.S. 528 (1914)

Bowling v. United States

No. 177

Submitted April 17, 1914

Decided May 4, 1914

233 U.S. 528

Syllabus

The guardianship of the United States over allottee Indians does not cease upon the making of the allotment and the allottee's becoming a citizen of the United States. Tiger v. Western Investment Company, 221 U. S. 286.

The United States has capacity to sue for the purpose of setting aside conveyances of lands allotted to Indians under its care where restrictions upon alienation have been transgressed. Heckman v. United States, 224 U. S. 413.

A transfer of allotted lands contrary to the inhibition of Congress is a violation of governmental rights of the United States arising from its obligation to a dependent people, and no stipulations, contracts, or judgments in suits to which the United States is a stranger can affect its interest.

The authority of the United States to enforce a restraint lawfully created by it cannot be impaired by any action without its consent.

Restrictions on alienation imposed by acts of Congress imposed by the Act of March 2, 1889, regarding the allotments to the confederated tribes specified therein, are not mere personal restrictions operative upon the allottee alone, but run with the land and are binding upon his heirs as well for the specified term.

The intent of Congress in regard to its enactments -- such as those relating to restrictions on alienation of Indian allotted lands -- may be indicated by subsequent enactments relating to the same subject matter.

191 F. 19 affirmed.

The facts, which involve the construction of statutes affecting the alienation of Indian allotments, are stated in the opinion. chanroblesvirtualawlibrary

Page 233 U. S. 532





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