Bates v. Clark
| Court | United States Supreme Court |
| Writing for the Court | MILLER |
| Citation | 24 L.Ed. 471,95 U.S. 204 |
| Parties | BATES v. CLARK |
| Decision Date | 01 October 1877 |
ERROR to the Supreme Court of the Territory of Dakota.
The facts are stated in the opinion of the court.
Mr. Assistant Attorney-General Smith for the plaintiffs in error.
Mr. John B. Sanborn, contra.
MR. JUSTICE MILLER delivered the opinion of the court.
The plaintiff in error, Bates, was a captain in the army of the United States, in command at Fort Seward, in the Territory of Dakota, near the crossing of the James River by the North Pacific Railroad; and Yeckley, the other plaintiff in error, was a lieutenant under him at the time of the commission of the trespass for which the judgment in this case was recovered against them. The defendants in error, plaintiffs below, were doing a general mercantile business on the James River, also near said crossing, when a lot of whiskey, part of their stock of goods, was seized by defendants. They brought this action to recover damages for the trespass. The defendants pleaded their official character, that the place where the
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seizure was made was Indian country, and it was, therefore, their duty to seize the whiskey which was kept there for purpose of sale, and that, in accordance with the acts of Congress on that subject, they had delivered the whiskey to the marshal of the United States, under a writ from the proper court, on a proceeding instituted by the United States attorney for that district. They further pleaded, that before the commencement of this action the goods had been delivered to plaintiffs by the marshal, and that plaintiffs had suffered no damage. They also set up an order of the commanding officer of the department of Dakota.
The act of June 30, 1834, entitled 'An Act to regulate trade and intercourse with the Indian tribes and to preserve peace on the frontier,' which is a very long and important act, begins by describing in its first section the country or territory in which that act shall be operative. It is in these words:——
'Be it enacted, that all that part of the United States west of the Mississippi, and not within the States of Missouri and Louisiana, or the Territory of Arkansas, and also that part of the United States east of the Mississippi River, and not withi any State to which the Indian title has not been extinguished, for the purposes of this act, be taken and deemed Indian country.' 4 Stat. 729.
The twentieth section of that act forbids the introduction of wines or spirituous liquors within this Territory. By the act of 1864, amending this section, it is made lawful for any Indian agent or commanding officer of a military post, who has reason to suspect that spirituous liquors or wines have been, or are about to be, introduced into Indian country in violation of law, to search for and seize the same, to be delivered over to the proper officer, and proceeded against by libel in the proper court, and forfeited, one half to the informer and the other half to the use of the United States. 13 id. 29.
If this whiskey was seized in Indian country, within the meaning of the act of 1834 and the amendment of 1864, the plea which set up that the defendants acted in good faith under that statute ought to be sustained. This, the principal question in the case, is raised by the action of the court below in striking out the plea which set up these defences as sham and frivolous,
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and because the locus in quo was not Indian country. This mode of disposing of a plea which fairly raises a most important issue of law seems to be growing in favor in the territorial courts. It is an unscientific and unprofessional mode of raising and deciding a pure issue of law. This should always be done, when it can, by a demurrer, which is the recognized and appropriate mode in the common law; or by exception, which amounts to the same thing in the civil law, as it is applied to answers in chancery practice. A motion to strike out a plea is properly made when it has been filed irregularly, is not sworn to, if that is required, or wants signature of counsel, or any defect of that character; but if a real and important issue of law is to be made, that issue should be raised by demurrer.
In the present...
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State v. Romero, No. 22,836.
...States Supreme Court repeatedly stated that upon extinguishment of Indian title, status as Indian country ceases. E.g., Bates v. Clark, 95 U.S. 204, 24 L.Ed. 471 (1877). Extinguishment of Indian title restored the land in question to the jurisdiction of the state (or 84 P.3d 675 territory) ......
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Bell v. Hood, No. 2850.
...171, the federal court, because of diversity of citizenship, adjudicated a cause of action arising under state law. Bates v. Clark, 1877, 95 U.S. 204, 24 L.Ed. 471, involved an action in the territorial courts arising under the laws of The Territory of Dakota. Cammeyer v. Newton, 1876, 94 U......
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Benson v. State, No. 23492.
...an action for trespass for entering on his land without his permission. See Clark v. Bates, 1 Dakota 42, 46 N.W. 510 (1874), aff'd, 95 U.S. 204, 24 L.Ed. 471 (1877). However, acts committed within the section line were not held to be a trespass upon the adjoining landowner's real property. ......
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Willis v. Willis, 1878
...pleading res adjudicata and estoppel. 34 C. J. 749, 874, 902, 921; Sec. 89-1024, R. S.; Holgate v. Downer, 8 Wyo. 334; Bates v. Clark, 95 U.S. 204; Harrison v. Birrell, (Ore.) 115 P. 141; Metcalf Company v. Gilbert, (Wyo.) 116 P. 1017; Richards v. Company, (Ore.) 228 P. 937. A judgment on t......
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Pittsburg & Midway Coal Min. Co. v. Yazzie, Nos. 88-2413
...where Indians held title to land, either communally or as allotment in severalty under trust. See Bates v. Clark, 95 U.S. (2 Otto) 204, 24 L.Ed. 471 (1877); Exs. FDK at 1, FDH. (In 1948 the Indian country definition was statutorily clarified, and the term "reservation" was distinguished fro......
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Tribe v. Podhradsky, No. 08-1441
...primary jurisdiction of the federal government and the relevant tribes. In this sense it is in accord with such cases as Bates v. Clark, 95 U.S. 204, 24 L.Ed. 471 (1877), and Donnelly v. United States, 228 U.S. 243, 33 S.Ct. 449, 57 L.Ed. 820 (1913). It also provides that reservation land r......
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Yankton Sioux Tribe v. Podhradsky, No. 08-1441.
...primary jurisdiction of the federal government and the relevant tribes. In this sense it is in accord with such cases as Bates v. Clark, 95 U.S. 204, 24 L.Ed. 471 (1877), and Donnelly v. United States, 228 U.S. 243, 33 S.Ct. 449, 57 L.Ed. 820 (1913). However, the enactment of § 1151(a) adde......
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Oneida Nation v. Vill. of Hobart, No. 19-1981
...that "reservation" had a broader meaning than "Indian country" and did not depend on Indian title:[I]t was decided, in Bates v. Clark , 95 U. S. 204, 209 [24 L.Ed. 471] (1877), that all the country described in [the 1834 statute defining Indian country] as "Indian country" remains such "so ......
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RECALIBRATING QUALIFIED IMMUNITY: HOW TANZIN V. TANVIR, TAYLOR V. RIOJAS, AND MCCOY V. ALAMU SIGNAL THE SUPREME COURT'S DISCOMFORT WITH THE DOCTRINE OF QUALIFIED IMMUNITY.
...private person whose rights of property they have wrongfully invaded or injured, even by authority of the United States"); Bates v. Clark, 95 U.S. 204, 209 (1877) (holding federal officers personally liable for wrongfully seizing private property under official orders); cf. Buck v. Colbath,......