Joseph McKenna, Jacobs v. Prichard — Opinion of the Court
“ Defendant in error takes the view that the consents remained good after the decease of the Indian who gave them, in this case Charley Jacobs, and were 'in the nature of a permanent power or trusteeship.' On the other hand, plaintiffs in error contend that the consent was a 'naked power to sell,' and terminated with the death of the giver.There can be no doubt of the power of Congress to give character to the consents. ”
Joseph McKenna, Jacobs v. Prichard — Opinion of the Court
“ Article 6 of the treaty of the United States with the Omaha Indians, to the conditions of which the patent to Charley Jacobs was made subject, empowered the President to cause allotments to be made from reservation lands to such Indians as were willing to avail themselves of the privilege, and who would locate on the same as permanent homes. ”
Joseph McKenna, Jacobs v. Prichard — Opinion of the Court
“ Plaintiffs in error claim title to an undivided one-third part of the lands as heirs of Charley and Julia Jacobs, deceased, and contend that the deed from Snowden is void as to them or as to the interest they would take as such heirs, for the reason that the Snowden sale and deed were after the death of Charley and Julia Jacobs. ”
