Edward Douglass White

“ And the right which the statute thus recognizes in the members of a tribe on the reservation to freely sell, among themselves, cattle, even although they may have been in possession or control as the result of a purchase made by the United States, joined with the authority conferred upon the Indian agent, not only adds to the certainty of the plain meaning of the text, but demonstrates the intent of the act; that is, the public purpose of protecting the Indians on the reservation, and of Keeping thereon cattle purchased by the United States. ”

“ Coming to determine whether the facts stated in the indictment brought the case within the statute as thus interpreted, it was held that as the money with which the cattle embraced in the indictment were bought was Indian money, the price of land sold by them to the United States, the relation of principal and agent existed, and hence the cattle, when bought were acquired by the Indians through the United States as their representative, were owned by them, and their sale was not within the prohibition against sale. ”

“ But conceding, without so deciding, the soundness of the inference deduced from the premise upon which the court proceeded, we are of opinion that error was committed in bringing together wholly distinct and nonrelated provisions simply because they were found in one general appropriation bill, and thus interpreting the act not by its true text, but by an imaginary context. ”