Rufus Wheeler Peckham, United States v. Andrews (179 U.S. 96…
“ While the government, by the 2d article of the treaty of 1868, agreed that no one should be permitted to pass over, settle upon, or reside in the territory described in that article, yet in the subsequent article (11) exceptions were made. By the 3d and 6th subdivisions of that article the Indian tribes agreed not to attack persons or cattle, and not to oppose the construction of roads or other works of utility or necessity which might be permitted by the laws of the United States. ”
