U.S. Code » Title 25 » Chapter CHAPTER 5— PROTECTION OF INDIANS

25 U.S.C. § 184

Rights of children born of marriages between white men and Indian women

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All children born of a marriage solemnized prior to June 7, 1897, between a white man and an Indian woman by blood and not by adoption, where said Indian woman was on that date, or was at the time of her death, recognized by the tribe, shall have the same rights and privileges to the property of the tribe to which the mother belongs, or belonged at the time of her death, by blood, as any other member of the tribe, and no prior Act of Congress shall be construed as to debar such child of such right.

Notes of Decisions
Cited in 6 cases, 1930–1978 · leading case: Prairie Band of Potawatomi Indians v. United States
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Prairie Band of Potawatomi Indians v. United States (1958) cc “90 , 25 U.S.C.A. § 184 ; Stephens v. Cherokee Nation, 174 U.”
United States v. Walkowsky (1930) ca9 · cites it 4× “are children of a white man and an Indian woman recognized hy the Quinaielt Indian Tribe, as required by 25 USCA § 184. Appellees seem to be of the view that inasmuch as Kate Walkowsky'Weiss was an Indian, that she was an Indian by blood and not by adoption, within the meaning…”
Logan v. Andrus (1978) oknd “547 (1907); 25 U.S.C. § 184 . In sum, Indian tribes possess an inherent sovereignty except where it has been specifically taken away from them by treaty or by act of Congress.”
United States v. Halbert (1930) ca9 “As the appellees do not reside upon' any reservation, this construction precludes the ordering of an allotment by the court, unless the statutes expressly applicable to Indians of mixed blood make an exception to the general rule.”
United States v. Provoe (1930) ca9 “As we have indicated, her right to an allotment under the general allotment law, as modified by 25 USCA § 184, concerning the right of a child of an Indian mother and white father, which we think excuses residence in the reservation as a prerequisite to allotment in such eases,…”
United States v. Rolfson (1930) ca9 · cites it 3× “If, however, her mother was a Lower Chehalis Indian, recognized as such, as required by 25 USCA § 184, Lizzie Rolfson, as her child, by her husband, a white man, would be entitled to an allotment, as it is stipulated that Lower Chehalis Indians are entitled to allotment upon the…”
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