Turner v. United States

Citation248 U.S. 354,39 S.Ct. 109,63 L.Ed. 291
Decision Date07 January 1919
Docket NumberNo. 33,33
PartiesTURNER v. UNITED STATES et al
CourtUnited States Supreme Court

Messrs. Charles H. Merillat and Charles J. Kappler, both of Washington, D. C., for appellant.

Mr. Asst. Atty. Gen. Thompson and Mr. Geo. M. Anderson, of Washington, D. C., for the United States.

Messrs. James C. Davis, of Muskogee, Okl., and R. C. Allen, of Tulsa, Okl., for the Creek Nation.

Mr. Justice BRANDEIS delivered the opinion of the Court.

The Creek or Muskogee Nation or Tribe of Indians had, in 1890, a population of 15,000. Subject to the control of Congress, they then exercised within a defined territory the powers of a sovereign people, having a tribal organization, thier own system of laws, and a government with the usual branches, executive, legislative, and judicial. The territory was divided into six districts; and each district was provided with a judge.1

In 1889 the Creek Nation enacted a statute which conferred upon each citizen of the Nation, head of a family engaged in grazing livestock, the right to inclose for that purpose one square mile of the public domain without paying compensation. Inclosure of a greater area was prohibited; but provision was made for establishing, under certain conditions, more extensive pastures near the frontiers, to protect against influx of stock from adjoining nations. The conditions prescribed were these: If the district judge should receive notice from citizens of a desire to establish such a pasture, he was required to call a meeting of citizens to consider and act upon the subject; and if it appeared that a majority of the persons of voting age in the neighborhood thus to be protected favored its establishment, the district judge was directed to let such pasture for three years (subject to renewal) to citizens who would by contract bind themselves to build a substantial fence around the pasture, and to pay at least five cents per acre per annum for the grazing privilege.

In 1890 Turner and a partner formed, under the name of Pussy, Tiger & Co., an organization consisting of themselves and 100 Creeks, with a view to securing such a pasture in the Deep Fork district. They caused an election to be held and a contract to be entered into by the district judge with Pussy, Tiger & Co., which covered about 256,000 acres. The fence required to inclose it was about 80 miles in length. Before its construction was begun, dissatisfaction had already developed in the neighborhood; and from the time the fence was commenced, there were rumors of threats by Indians to destroy it if built. The work was, however, undertaken; the threats continued; and Turner and one of his assignees secured from the United States Court in the Indian Territory, First Judicial Division, an injunction restraining the Creek district judge for the Deep Fork district and L. C. Perryman, the Principal Chief of the Nation, from interfering with or damaging the fence. After it had been nearly completed, three bands of Creek Indians destroyed the fence, cutting the wire and posts and scattering the staples. It does not appear that either the Creek judge or the Chief or any other official of the Creek government had any part in the destruction of the fence, except one Moore, the treasurer, whose only official duties seem to have been 'to receive and receipt for all national funds and to disburse the same, as should be provided for by law.'

More than $10,000 net expended in constructing the fence, and $2,500 paid by Turner to the 100 Creek Indians associated with him for the release of their grazing rights were lost, and large profits which it was expected would be made through assignment of pasturage rights to cattle raisers were prevented. Claims for compensation were repeatedly presented by Turner to the Creek Nation. Once its National Council voted to make compensation; but Chief Perryman vetoed the action and his veto was sustained. Later the Creek Supreme Court declared the fence a legal structure; but still the Nation failed to make any compensation. On March 4, 1906, the tribal organization was dissolved pursuant to Act March 1, 1901, c. 676, § 46 (31 Stat. 861, 872). In 1908 Congress provided, by section 26 of the Act of May 29, 1908, c. 216 (35 Stat. 444, 457), as follows:

'That the Court of Claims is hereby authorized to consider and adjudicate and render judgment as law and equity may require in the matter of the claim of Clarence W. Turner, of Muskogee, Oklahoma, against the Creek Nation, for the destruction of personal property and the value of the loss of the pasture of the said Turner, or his assigns, by the action of any of the responsible Creek authorities, or with their cognizance and acquiescence, either party to said cause in the Court of Claims to have the right of appeal to the Supreme Court of the United States.'

In August, 1908, Turner, having acquired all the rights of his associates, filed a petition in the Court of Claims against the Creek Nation and the United States as trustee of Creek funds,2 to recover the amount lost,...

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115 cases
  • People ex rel. Owen v. Miami Nation Enters.
    • United States
    • California Supreme Court
    • December 22, 2016
    ...cases implied that tribes enjoy sovereign immunity from suit, but did so in dicta. (Turner v. United States (1919) 248 U.S. 354, 358, 39 S.Ct. 109, 63 L.Ed. 291 (Turner ); Parks v. Ross (1851) 52 U.S. (11 How.) 362, 374, 13 L.Ed. 730.) Then, in United States v. U.S. Fidelity & Guaranty Co. ......
  • Santa Clara Pueblo v. Martinez
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    • U.S. Supreme Court
    • May 15, 1978
    ...recognized as possessing the common-law immunity from suit traditionally enjoyed by sovereign powers. Turner v. United States, 248 U.S. 354, 358, 39 S.Ct. 109, 110, 63 L.Ed. 291 (1919); United States v. United States Fidelity & Guaranty Co., 309 U.S. 506, 512-513, 60 S.Ct. 653, 656, 84 L.Ed......
  • Weeks v. United States
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    • December 18, 1975
    ...authorization. United States v. U.S. Fidelity & Guaranty Co., 309 U.S. 506, 512, 60 S.Ct. 653, 84 L.Ed. 894; Turner v. United States, 248 U.S. 354, 358, 39 S.Ct. 109, 63 L.Ed. 291. Nor may a tribe be sued indirectly by suing tribal officers or the United States as trustee or guardian of the......
  • Confederated Tribes of Colville v. State of Wash.
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    ...tribal courts. Puyallup Tribe v. Washington Game Dept., 433 U.S. 165, 97 S.Ct. 2616, 53 L.Ed.2d 667 (1977); Turner v. United States, 248 U.S. 354, 39 S.Ct. 109, 63 L.Ed. 291 (1919); Hamilton v. Nakai, 453 F.2d 152, 158-59 (9th Cir. 1972). This immunity extends to freedom from suit on cross ......
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