United States v. Paine Lumber Co., 206 U.S. 467 (1907)

United States v. Paine Lumber Company


No. 101


Submitted April 15, 1907
Decided May 27, 1907
206 U.S. 467

IN ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE EASTERN DISTRICT OF WISCONSIN

Syllabus

The title of Indians to land belonging to the tribe is more than the right of mere occupation, and although the actual title may be in the United States, it is held in trust for the Indian and the restraint on alienation should not be exaggerated.

Indian allottees under the Stockbridge and Munsie Treaty of 1856, 11 Stat. 663, and the Act of February 6, 1871, 16 Stat. 404, were vested with sufficient title in their allotment to authorize the cutting of timber, for sale and not by way of improvement, without the approval of the Department of the Interior.

The facts are stated in the opinion.