by John Marshall Harlan

“ Excluding from the operation of the act of December 15, 1880, any lands affected with an express trust in favor of Indians,-that is, construing it as applying only to public lands, strictly so called, which the United States could dispose of without any breach of good faith or violation of treaty obligations,-there is no difficulty in giving effect to the provisions as well of that act as of the act of May 28, 1880, without infringing any established principle for the interpretation of statutes. ”

“ Dodge military reservation north of the Atchison Railroad, there are no words in it of express repeal of any former statute. It is well settled that repeals by implication are not to be favored. And, where two statutes cover, in whole or in part, the same matter, and are not absolutely irreconcilable, the duty of the court-no purpose to repeal being clearly expressed or indicated-is, if possible, to give effect to both. ”

“ No trace can be discovered in the various legislative enactments relating specifically to the Osage trust lands of any intention, upon the part of congress, to disregard the terms of its treaties with the Osage Indians ”