Pierce Butler

“ The United States argues that the rule of just compensation does not apply because 'the tract was lost by mistake rather than taken by the power of eminent domain.' But as to the 87,000 acres here involved there is no foundation for that assertion. Unquestionably Congress had power to direct the exchange and for that purpose to authorize expropriation of plaintiffs' lands. The validity of its enactments is not questioned. The taking was to enable the government to discharge its obligation, whether legal or merely moral is immaterial, to make restitution of the allotted lands. ”

“ Having been informed of the failure of the United States to recover the allotted lands, Congress, by the Act of March 3, 1905, directed the Secretary of the Interior to ascertain 'on what terms the said company will exchange such lands (the 111,385 acres of allotted lands) for other lands, not allotted to Indians, within the original boundaries of said reservation.' [12] The Secretary having reported, the Congress by the Act of June 21, 1906, authorized him to exchange 87,000 acres of the tribes' lands for lands theretofore erroneously conveyed. ”

“ It is appropriate first to observe that while the United States has power to control and manage the affairs of its Indian wards in good faith for their welfare, that power is subject to constitutional limitations, and does not enable the United States without paying just compensation therefor to appropriate lands of an Indian tribe to its own use or to hand them over to others. ”