Page:Federal Reporter, 1st Series, Volume 8.djvu/897

 UNITED STATES ». PATNB. 88a �4785 relieved claim agents and attorneys from criminal liability for demanding or receiving illegal fees. I have been slow to difier from a judge of such known ability, bat, after careful consideration, my mind leads me to a different conclusion. Motion to quash overraled. �Vide U. 8. V. Connelly, 1 Fed. Kep. 779. ���United States v. Patnb. {Disiriet Court, W. D. Arkansas. 1881.) �1. FoBFBITtJBBB AKD PbNAI,TIB8— HOMBBTBAD AND PsE-BHPTION LaWB. �The fact that the title to land may be in the United Btatea doeg notnecessarily make it that part of the public domain which is subject to settlement by citi- zens of the United States under the bomestead and pre-emption laws. �2. GOTERNMHNT LANI^— CONVBTAHCB OF TlTLB. �Tbe treaty-makmg power bas a right to convey title to the lands of the United Btates without an act of congress, and if a treaty acts directly on the subject of the grant, it is equivalent to an act of congress, and the grantee ha» a good title. �3. Same— Rbsbbvatiob. �The treaty-making power can reserve a part of the public domain for a spe- cifie lawful ptirpose, because this is but the exercise of a less higher power than that which conveys title. �4. Sahb — Sahb. . �Tbe president of the United Sfates can, by proclamation or executive order, reserve a part of the public domaiin for a specifie lawful purpose. 6. Bame— Samb. �Congress can, by law, reserve a part of the public domain for such purpose. �6. How A Reservation mat bb Set Amde. �No set form of words or phrases need be used to set aside a reservation.' It is enough if there are sufflcient words to indicate the purpose of the power that acts to show that it intended to act in a given case. �7. Ihdiam Cocntky— Rights of Fbeedmen. �Colored persons who were never held as slaves in the Indian country, but ■ who may have been slaves elsewhere, ftre like other citizens of the United States, and have no more rights in the Indlan country than other citizens of the United States. �8. TkEATIES— How COMSTRUED, ,, : �A treaty, like an ordinary contract or a statute, must be construed to give it eflect, if possible, and courts always adhere to this ruie. In construing a treaty^ we have a right to take into consideration the situation of the parties to it at the time it was made, the property which is the subject-mattei- of the treaty, and the intention and purposes of the parties in making the treaty. To get at the purposes and intention of the parties we have a right tocoHsider the con- struction the parties to the treaty, and who were to be atEected hyit, have given it, and what has been thelr action under it. ; - ��� �