United States v. Rowell

Background

A federal lawsuit was brought by the United States to recover a 160-acre parcel inside an Indian school reserve in Comanche County, Oklahoma. A white man who had lived among the Kiowa, married a Kiowa woman, and was adopted into the tribe had urged Congress to direct the Interior Secretary to issue him a patent (an official deed) to that quarter-section. Congress passed a statute directing a patent in June 1910, but before a patent issued, another statute repealed that direction in December 1910. The man entered the land in 1911 and was sued as a trespasser; a lower court ruled for him.

Reasoning

The Court asked whether the June law itself gave the man an immediate, vested title or merely directed an official to issue a patent later. The opinion explains that the June provision contains no words of present grant but only a direction to the Secretary to issue a patent. Because no patent had been issued, Congress could validly repeal that direction without violating due process. The Court therefore concluded the repeal revoked the special statutory favor, and the man did not acquire a present legal title by the June statute alone.

Real world impact

The ruling means that a law directing an official to deliver a deed does not give someone ownership until the deed is actually issued, so Congress can change or repeal such directions beforehand. For this dispute the Court reversed the lower judgment and made clear the United States could recover the school-reserve land; because the matter was sent back for further proceedings, the practical outcome may be decided on retrial.