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<title level="m" type="main"><hi rend="italic">Lone Wolf v. Hitchcock</hi></title>
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<author>C. Blue Clark</author>
<editor>David J. Wishart</editor>
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<bibl><author n="Clark, C. Blue">C. Blue Clark</author>. <title level="a">"<hi rend="italic">Lone Wolf v. Hitchcock</hi>."</title> In <editor n="Wishart, David J.">David J. Wishart</editor>, ed. <title level="m">Encyclopedia of the Great Plains</title>. <pubPlace>Lincoln</pubPlace>: <publisher>University of Nebraska Press</publisher>, <date value="2004">2004</date>. <biblScope type="pages">456</biblScope>.</bibl>
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<div1>
<head type="main"><hi rend="italic">LONE WOLF V. HITCHCOCK</hi></head>

<p><hi rend="italic">Lone Wolf v. Hitchcock</hi> (1903) was a U.S. Supreme
Court decision that abrogated Native
American treaty rights and underscored congressional
supremacy (called plenary power)
over Indian affairs. Plaintiffs Lone Wolf and
several other Indians had sued the defendant,
Interior Secretary Ethan Allen Hitchcock,
to block allotment of the Kiowa-Comanche-
Apache Reservation in southwestern Oklahoma.
Kiowa claims, including the condition
of article 12 of the Medicine Lodge Treaty
(1867) forbidding cession of Indian land unless
approved by three-fourths of the tribe's male
members, were sidestepped in the Court's
opinion. In 1900 Congress had approved a
modified 1892 allotment agreement that did
not contain sufficient signatures, even with
forgeries, and Lone Wolf and his supporters
sought judicial relief. Their case had been rejected
in federal court in Washington dc and in
the District of Columbia Court of Appeals.</p>

<p>The decision was the culmination of a
century-long congressional assault on Indian
land and treaty rights. The Court held that
congressional guardianship over Indian reservation
property could not be limited by an
Indian treaty and cited its own decree in <hi rend="italic">Cherokee
Nation v. Georgia</hi> (1831) that Congress
possessed complete administrative power over
Indian tribal property. Referring to the earlier
decision in <hi rend="italic">United States v. Kagama</hi> (1886), the
justices upheld congressional supremacy over
the nation's "Indian wards," called paternalism,
ruling that congressional plenary authority
over Indian relations was not subject to
judicial oversight or review, since such congressional
power was political.</p>

<p>The Court's decision had reverberations far
from Lone Wolf's own reservation, which was
quickly allotted. The unallotted "surplus" was
opened to a tide of non-Indian settlers, who
rapidly engulfed tribal lands. Although Indian
land division had been under way before the
opinion, the judicial pronouncement spurred
a frenzy of allotment. Indian land loss increased,
not least on reservations on the
Northern Great Plains. Indian Office abuses of
Indian land, resources, and rights increased in
the ensuing years. Indian nations sank deeper
into the mire of wardship, subject to virtually
unlimited federal authority. The plenary doctrine
of <hi rend="italic">Lone Wolf</hi> dominated federal Indian
law and Indian policy for more than half a
century. The decree set back the efforts of humanitarian
reformers, who advocated modifications
in Indian policy. At the same time in
the nation's history, the United States acquired
its first overseas possessions, following the
conclusion of the Spanish-American War. U.S.
authorities viewed local island independence
in the same light as that of continental Native
American tribal independence, as the attitudes
visible in the <hi rend="italic">Lone Wolf</hi> litigation were applied
narrowly to the new possessions.</p>

<p>Although officially repudiated in the judicial
system since 1980 (<hi rend="italic">United States v. Sioux
Nation of Indians</hi>), the doctrine periodically
has been resurrected in defense of denying Indian
rights, such as in Indian religious freedom
rights and those dealing with sacred sites.
The Indian trust funds scandal at the end of
the 1990s, involving Bureau of Indian Affairs
mismanagement of Indian trust money, was
also a long-postponed but direct outgrowth of
the <hi rend="italic">Lone Wolf</hi> decision and its attendant bureaucratic
mind-set.</p>

<closer>
<signed>C. Blue Clark<lb/>
Oklahaoma City University</signed>
</closer>
</div1>

<div1>
<bibl>Clark, Blue. <title level="m">Lone Wolf v. Hitchcock: Treaty Rights and Indian Law at the End of the Nineteenth Century</title>. Lincoln:
University of Nebraska Press, 1994.</bibl> <bibl>Wilkins, David E.
<title level="m">American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice</title>. Austin: University of Texas Press,
1998.</bibl> <bibl>Wyatt, Kathryn C. "The Supreme Court, Lyng, and
the Lone Wolf Principle." <title level="j">Chicago-Kent Law Review</title> 65
(1989): 623–55.</bibl>
</div1>


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