MR. JUSTICE PECKHAM, after making the foregoing statement, delivered the opinion of the court.
Except for the treaty between the United States and the Osage Indians, relative to the lands in question, and the passage of appropriate legislation by the United States, the lands would never have been sold, as they were not public lands of the United States for the sale of which Congress had already provided under its general legislation. The treaty, however, provided...
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