Pierce Butler

“ The provision empowering the Secretary of the Interior to issue certificates authorizing members found to be competent and capable to sell and convey the 'lands deeded' makes ownership and right to sell depend on the deeds. If, on execution and delivery of deeds, title shall be deemed to have passed prior to March 1, 1909, while in fact the land was held in trust by the United States, the lands will be burdened with taxes, which otherwise they would not be subject to. We hold that the doctrine of relation should not be applied. ”

“ It is a legal fiction adopted by courts solely for purposes of justice-to avoid denial or loss of right, but not to impose burdens. Its application depends on some antecedent right. Gibson v. Chouteau, 13 Wall, 92, 100, 20 L. Ed. ”