Charles Evans Hughes

“ No distinction is made between the heirs; they might or might not be members of the tribe; and where there were a number of heirs, each would take his undivided share. It is quite evident that there is no basis for implying the requirement that in such case there should be a selection of a portion of the allotment as a homestead, and all the lands allotted under paragraph 22 are plainly upon the same footing. While it appears from the record that, in the present case, separate certificates of allotment were issued for homestead and surplus lands, this was without the sanction of the statute. ”

“ As early as 1786 a treaty was made with the representatives of the Choctaws by which it was acknowledged that these Indians were under the protection of the United States, and it was provided that for their 'benefit and comfort' and for the 'prevention of injuries and oppressions,' the United States should have 'the sole and exclusive right of regulating the trade with the Indians, and managing all their affairs in such manner as they think proper.' 7 Stat. ”

“ It will be observed that the homestead lands are made inalienable 'during the lifetime of the allottee, not exceeding twenty-one years from the date of certificate of allotment.' The period of restriction is thus definitely limited, and the clear implication is that when the prescribed period expired, the lands were to become alienable; that is, by the heirs of the allottee upon his death, or by the allottee himself at the end of the twenty-one years. Thus, with respect to homestead lands, the supplemental agreement imposed no restriction upon alienation by the heirs of a deceased allottee. ”