William O. Douglas

“ If Juana is not an Indian, the United States has no interest of hers in the land to protect. [2] True, the United States holds the legal title to the land. But nothing in the Act prevents the devolution of the quitable interest to the widow. If she is not within the class whom Congress sought to protect, the trust is a dry and passive one ”

“ No fee patent to the land has issued to Paukune, to his widow, or to the son. The trust period of twenty-five years has from time to time been extended. In other words, the United States still holds the land in trust for Paukune and his heirs. ”

“ The Court held that the policy of that Act did not embrace person who were not Indians, since the Congress sought to protect only those toward whom it owed the duties of a guardian. The same answer must be given here. ”