United States v. Payne, No. 240

CourtUnited States Supreme Court
Writing for the CourtSUTHERLAND
Citation68 L.Ed. 782,44 S.Ct. 352,264 U.S. 446
Docket NumberNo. 240
Decision Date07 April 1924
PartiesUNITED STATES v. PAYNE

264 U.S. 446
44 S.Ct. 352
68 L.Ed. 782
UNITED STATES

v.

PAYNE.

No. 240.
Argued Feb. 25, 1924.
Decided April 7, 1924.

Page 447

The Attorney General and Mr. H. L. Underwood, of Washington, D. C., for the United States.

Mr. Arthur E. Griffin, of Seattle, Wash., for appellee.

Mr. Justice SUTHERLAND delivered the opinion of the Court.

Appellee, an Indian of the Quillehute tribe, brought suit in the federal District Court for the Western District of Washington to determine his right to an allotment of an 80-acre tract of land in the Quinaielt Indian Reservation in that state. Authority for bringing the suit is found in 28 Stat. 305, c. 290, as amended by 31 Stat. 760, c. 217 (Comp. St. §§ 4214, 4215). The treaty with the Quillehute and other Indians, made in 1855, among other things, provides for the removal and settlement of these Indians upon a reservation to be selected for them by the President, and for the payment by the United States of $2,500 'to clear, fence, and break up a sufficient quantity of land for cultivation.' 12 Stat. 971, arts. 2 and 5. The President is authorized by article 6 of the treaty, at his discretion, to cause the reserved lands to be surveyed and assign the same to individual Indians or families for permanent homes on the same terms and under the same conditions as are provided in article 6 of the treaty with the Omahas, concluded in 1854. 10 Stat. 1043, 1044. By the General Allotment Act, as amended, it is provided:

'In all cases where any tribe or band of Indians has been or shall hereafter be located upon any reservation created for their use by treaty stipulation, act of Congress, or executive order, the President shall be authorized to cause the same or any part thereof to be surveyed or resurveyed whenever in his opinion such reservation or any part thereof may be advantageously utilized for agricultural or grazing purposes by such Indians, and the

Page 448

cause allotment to each Indian located thereon to be made in such areas as in his opinion may be for their best interest not to exceed eighty acres of agricultural or one hundred and sixty acres of grazing land to any one Indian. * * *' 24 Stat. 388, c. 119, as amended by 26 Stat. 794, c. 383, and 36 Stat. 859, 860, c. 431 (Comp. St. § 4195).

The land in question was selected by Payne in 1911, after survey, through and with the approval of an allotting agent of the United States. It is of mixed character, 40 or 50 acres being timbered, and the...

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39 practice notes
  • Akins v. Saxbe, Civ. No. 2031 N. D.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • June 20, 1974
    ...116, 58 S.Ct. 794, 82 L.Ed. 1213 (1938); Carpenter v. Shaw, 280 U.S. 363, 367, 50 S.Ct. 121, 74 L.Ed. 478 (1930); United States v. Payne, 264 U.S. 446, 448-449, 44 S.Ct. 352, 68 L.Ed. 782 (1924); Winters v. United States, 207 U.S. 564, 576, 28 S.Ct. 207, 52 L.Ed. 340 (1908); United States v......
  • Cobell v. Norton, Civil Action Number 96-1285 (RCL) (D. D.C. 9/25/2003), Civil Action Number 96-1285 (RCL).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 25, 2003
    ...United States v. Creek Nation, 295 U.S. 103 (1935); Seminole Nation v. United States, 316 U.S. 286, 296-97 (1942); United States v. Payne, 264 U.S. 446, 448 (1924); Coast Indian Community v. United States, 550 F.2d 639 (1977); Cheyenne-Arapahoe Tribes v. United States, 512 F.2d 1390 (1975);......
  • Arenas v. United States, No. 12356.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • February 19, 1951
    ...recognized the rights of all the Mission Indians, an injustice might have resulted. 2 25 U.S.C.A. § 345. 3 United States v. Payne, 1924, 264 U.S. 446, 44 S.Ct. 352, 68 L.Ed. 782; Morrison v. Work, 1924, 266 U.S. 481, 490, 45 S.Ct. 149, 69 L.Ed. 394; Arenas v. United States, 1944, 322 U.S. 4......
  • Blue Legs v. U.S. Bureau of Indian Affairs, Nos. 87-5433
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • May 12, 1989
    ...280 U.S. 363, 50 S.Ct. 121, 74 L.Ed. 478 (1930) (construing terms of a treaty consistent with trust obligations); United States v. Payne, 264 U.S. 446, 44 S.Ct. 352, 68 L.Ed. 782 (1924) (same); White v. Califano, supra, (IHS responsible for health care costs despite absence of statutory dut......
  • Request a trial to view additional results
39 cases
  • Akins v. Saxbe, Civ. No. 2031 N. D.
    • United States
    • United States District Courts. 1st Circuit. United States District Court (Maine)
    • June 20, 1974
    ...116, 58 S.Ct. 794, 82 L.Ed. 1213 (1938); Carpenter v. Shaw, 280 U.S. 363, 367, 50 S.Ct. 121, 74 L.Ed. 478 (1930); United States v. Payne, 264 U.S. 446, 448-449, 44 S.Ct. 352, 68 L.Ed. 782 (1924); Winters v. United States, 207 U.S. 564, 576, 28 S.Ct. 207, 52 L.Ed. 340 (1908); United States v......
  • Cobell v. Norton, Civil Action Number 96-1285 (RCL) (D. D.C. 9/25/2003), Civil Action Number 96-1285 (RCL).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 25, 2003
    ...United States v. Creek Nation, 295 U.S. 103 (1935); Seminole Nation v. United States, 316 U.S. 286, 296-97 (1942); United States v. Payne, 264 U.S. 446, 448 (1924); Coast Indian Community v. United States, 550 F.2d 639 (1977); Cheyenne-Arapahoe Tribes v. United States, 512 F.2d 1390 (1975);......
  • Arenas v. United States, No. 12356.
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • February 19, 1951
    ...recognized the rights of all the Mission Indians, an injustice might have resulted. 2 25 U.S.C.A. § 345. 3 United States v. Payne, 1924, 264 U.S. 446, 44 S.Ct. 352, 68 L.Ed. 782; Morrison v. Work, 1924, 266 U.S. 481, 490, 45 S.Ct. 149, 69 L.Ed. 394; Arenas v. United States, 1944, 322 U.S. 4......
  • Blue Legs v. U.S. Bureau of Indian Affairs, Nos. 87-5433
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • May 12, 1989
    ...280 U.S. 363, 50 S.Ct. 121, 74 L.Ed. 478 (1930) (construing terms of a treaty consistent with trust obligations); United States v. Payne, 264 U.S. 446, 44 S.Ct. 352, 68 L.Ed. 782 (1924) (same); White v. Califano, supra, (IHS responsible for health care costs despite absence of statutory dut......
  • Request a trial to view additional results

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