Mahlon Pitney

“ The trial court made findings of fact negativing the charges of fraud, and concluded as matter of law that the conveyance made by the defendants to plaintiff was valid, and that the plaintiff was entitled to recover. From the resulting judgment the defendants appealed to the supreme court of the state, which reversed the judgment and remanded the cause, with directions to enter a judgment in favor of the defendants upon terms that they should repay the consideration paid by the plaintiff to them, with certain additional charges. ”

“ And the act of March 3, 1905 (33 Stat. at L. 1064, chap. 1479) , above quoted, expressly authorizing and directing the Secretary of the Interior to issue a patent to Long Jim for the lands that had been allotted to him, is a recognition by Congress that without the act he had no right to the land in fee. Further corroboration is to be found in the act of March 8, 1906 (34 Stat. at L. 55, chap. 629) , above quoted, which requires patents to be issued, with a restriction against alienation, to the other beneficiaries of the Moses agreement. ”

“ The circuit court of appeals reversed this decision. 88 C. C. A. 455, 161 Fed. 513. The supreme court of Washington, in the present case (52 Wash. 138, 100 Pac. 194) , followed the reasoning and opinion of the court of appeals. We concur in the result reached, and have little to add.
As to the principles to be kept in view in construing an agreement with the Indians, we adhere to what was said in Jones v. Meehan, 175 U.S. 1, 10, 11, 44 L. ed. 49, 53, 54, 20 Sup. Ct. Rep. 1:
'In construing any treaty between the United States and an Indian tribe, it must always . . . ”