United States v. Bartlett
Headline: Court ruled a 1908 law did not reimpose transfer limits on Creek surplus land whose earlier five-year restriction had already expired, leaving the 1912 deeds valid and ending the cancellation suit.
Holding: The Court held that the 1908 law did not reimpose alienation restrictions on allotted Creek land when those earlier five-year restrictions had already been removed by lapse of time, and it affirmed dismissal of the cancellation suit.
- Leaves the 1912 purchasers with valid title to the land.
- Rules 1908 law cannot reach allotments freed by expiration before 1908.
- Prevents cancellation suits based on 1908 restriction for lands freed by lapse.
Summary
Background
This case involves a suit to cancel two deeds for surplus land originally allotted to an enrolled Creek citizen of three‑quarters Indian blood. The allotment was made under the 1902 Supplemental Creek Agreement, which made the land inalienable for five years, a restriction that expired on August 8, 1907. In 1912 the allottee sold the land to Bartlett, who soon transferred it to Lashley. The plaintiffs sought cancellation based on a 1908 law that extended transfer limits on certain mixed‑blood allotments until 1931.
Reasoning
The central question was whether the 1908 law reimposed transfer restrictions on allotments whose earlier five‑year limits had already ended by lapse of time. The 1908 law also said it should not be read to impose restrictions "removed from land by or under any law" before the act. The Court examined the text and related provisions, considered how the word "removed" had been used in other statutes and cases, and concluded that ‘‘removed’’ includes termination by the expiration of the earlier period. The Court therefore held the 1908 law did not reach allotments whose restrictions had already been lifted by lapse of time.
Real world impact
By affirming the judgment dismissing the cancellation suit, the Court left the 1912 purchasers’ titles intact and prevented the 1908 statute from undoing transfers already freed by prior expiration. The decision resolves this dispute over these deeds and limits the 1908 law’s reach to lands whose restrictions had not already been removed.
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