Oliver Wendell Holmes, Jr.

“ But, still looking only at the face of the act, and seeing the intent to respect the Indian rights, we cannot read it as preventing the United States from making the change from tribal to several possessions, or dealing with this land in any way deemed most beneficial for those whose rights were treated as paramount. The proviso that the land must become public land shows that a mere change from tribal title was not enough. Taken literally, the grant only applied in case the Indians were removed or bought off the land. ”

“ Our conclusion from the words of the statute and the circumstances seems to us too plain to require a reference to the rule of strict construction against the grantee of the government in case of doubt, and seems to us unaffected by the argument that a grant in proesenti was made by § 9. It appears to us that the appellant's claim stands most strongly if based upon a covenant; but, covenant or grant, the concession of the United States was dependent upon conditions that have not been fulfilled. ”

“ The United States had made land grants to the great roads running east and west, but had not provided for a connection between those roads and the Gulf, through Kansas and the Indian territory to the south. ”