Choate v. Trapp

Citations

• 224 U.S. 665
• 32 S. Ct. 565
• 56 L. Ed. 941
• 1912 U.S. LEXIS 2334

Syllabus

<p>There is a broad distinction between the power to abrogate a statute and to destroy rights acquired under it; and while Congress, under its plenary power over Indian tribes, can amend or repeal an agreement by a later statute, it cannot destroy actually existing individual rights of property acquired under a former statute or agreement.</p> <p>The individual Choctaw and Chickasaw Indian had no title or en-forcible right in tribal property, but Congress recognized his equitable interest therein in the Curtis Act of June 28, 1898, 30 Stat. 505, and offered to. give to him in consideration of his consenting to the distribution an allotment of non-taxable land; and the acceptance of the patent by each member of the tribe was on the consideration of relinquishment of his interest in the unallotted tribal property.</p> <p>A patent for an Indian allotment containing an agreement assenting to the plan of distribution, like a deed poll, bound the grantee, although not' signed by him, and the benefits constituted the consideration for the rights waived.</p> <p>The tax exemption in- the patents for Indian allotments under the Curtis Act was not a mere safeguard against alienation, and did hot fall with the removal of restrictions from alienation by the act of May 27, 1908, 35 Stat. 312.</p> <p>The removal of restrictions on alienation of Indian allotments falls .within the power of Congress to regulate Indian affairs, but the provision for non-taxation is a property right and not subject to action by Congress.</p> <p>The non-taxation provisions as to Indian allotted lands in the Curtis Act gave a property right to the allottees, and was binding on the State of Oklahoma.</p> <p>Patent's issued in pursuance of statute are to be construed in connection with the statute, and those issued to allottee Indians under the Curtis Act gave the allottees as good a title to the exemption from taxation as to the land itself; and the tax exemption constituted property of which the patente