Matter of Heff

Citations

• 197 U.S. 488
• 25 S. Ct. 506
• 49 L. Ed. 848
• 1905 U.S. LEXIS 1163

Syllabus

<p>The recognized relation between the Government and the Indians is that of a superior and an inferior, whereby the latter is placed under the care of the former. The Government, however, is under no constitutional obligation to continue the relationship of guardian and ward and may, ' at any time and in the manner that Congress shall determine, abandon the guardianship and leave the ward to assume and be subject to all the privileges and burdens of one sui juris.</p> <p>In construing a statute affecting the relationship of the Government and the Indians it is not within the power of the courts to overrule the judgment of Congress. While there may be a presumption, that no radical change of policy is intended, and courts may insist that a supposed purpose of Congress to change be made clear by its legislation, when that purpose is made clear the question is at an end.</p> <p>Under the act of February 8, 1887, 24 Stat. 388, an Indian who has received an. allotment and patent for land is no longer a ward of the Government but a citizen of the United States and of the State in which he resides, and, as such, is not within the reach of Indian police regulations on the part of Congress, and this emancipation from Federal control cannot be set aside without the consent of the Indian or the State,-nor is it affected by the provisions in the act subjecting the land allotted to conditions against alienation and encumbrance, and guaranteeing him an interest in tribal or other property.</p> <p>In the United States there is a dual system of government, National and state, each of which is supreme within its own domain and it is one of the chief functions of this court to preserve the balance between them. The general police power is reserved to the States subject to the limitation that it may not trespass on the rights and-powers vested in the National Government.</p> <p>The regulation of the sale of intoxicating liquors is within the power of the State and the license exacted