Joseph Naganab v. Ethan Allen Hitchcock, No. 247

CourtUnited States Supreme Court
Writing for the CourtDay
Citation50 L.Ed. 1113,26 S.Ct. 667,202 U.S. 473
Docket NumberNo. 247
Decision Date21 May 1906
PartiesJOSEPH NAGANAB, Appt. , v. ETHAN ALLEN HITCHCOCK, Secretary of the Interior

202 U.S. 473
26 S.Ct. 667
50 L.Ed. 1113
JOSEPH NAGANAB, Appt.,

v.

ETHAN ALLEN HITCHCOCK, Secretary of the Interior.

No. 247.
Argued April 25, 1906.
Decided May 21, 1906.

Mr. Tracy L. Jeffords for appellant.

Messrs. William C. Pollock and Frank L. Campbell for appellee.

Mr. Justice Day delivered the opinion of the court:

In this suit a bill was filed in the supreme court of the District of Columbia by Joseph Naganab against Ethan Allen Hitchcock, Secretary of the Interior. Complainant brought the suit as a citizen of the United States and a member of the band and tribe of Chippewa Indians of the state of Minnesota,

Page 474

suing for himself and other members of the band and tribe. The bill is quite voluminous, but in substance sets out the alleged right and title of the Indians who had conveyed certain lands under the act of Congress of January 14, 1889 [25 Stat. at L. 642, chap. 24], to the United States, to be administered for their benefit. The bill averred that under the act of Congress the Indians of the state of Minnesota had conveyed to the United States upwards of 3,555,771 acres of land, constituting certain reservations named, all of which lands and reservations were held by the United States under conveyances in trust for the benefit of the Indians; that the Secretary of the Interior had caused the lands to be classified as required by the act, and that approximately 1,500,000 acres thereof were classified as pine lands, 1,855,000 acres as agricultural lands; 600,000 acres of the lands, classified under the said act as pine lands, were situated in certain reservations, to wit, Chippewas of the Mississippi, Leech lake, Cass lake, and Lake Winnibigoshish; that upon said last-mentioned area, there was and is growing a large amount of merchantable pine timber, reasonably worth $10,000,000. The value of the lands classified as agricultural lands, to be sold under said act for $1.25 per acre, is $2,318,750. And it is averred that it is the right of the Chippewa Indians to have certain of the lands sold, the proceeds to draw 5 per cent interest for fifty years, and the interest money to be used for the benefit of the Indians, as provided in the act, and, at the expiration of the fifty years, the balance of the principal sum remaining to be paid to the Indians.

The complaint is of the act of June 27, 1902 [32 Stat. at L. 400, chap. 1157] amendatory of the act of January 14, 1889. It is averred that at the time of the passage...

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55 practice notes
  • United States v. Mottaz, No. 85-546
    • United States
    • United States Supreme Court
    • June 11, 1986
    ...consent for, only actions for allotments." 406 U.S., at 142, 92 S.Ct., at 1466 (emphasis added). See also Naganab v. Hitchcock, 202 U.S. 473 (1906) (sovereign immunity precludes suit against United States regarding disposition of Indian lands). That federal courts may have general subject-m......
  • Banco de Espana v. Federal Reserve Bank, No. 370-372.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 8, 1940
    ...446, 3 S.Ct. 292, 27 L.Ed. 992; International Postal Supply Co. v. Bruce, 194 U.S. 601, 24 S.Ct. 820, 48 L.Ed. 1134; Naganab v. Hitchcock, 202 U.S. 473, 26 S.Ct. 667, 50 L.Ed. 1113; Louisiana v. Garfield, 211 U.S. 70, 29 S.Ct. 31, 53 L.Ed. 92; Morrison v. Work, 266 U.S. 481, 45 S.Ct. 149, 6......
  • Coffey v. United States, No. CIV 08-0588 JB/LFG
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • November 25, 2012
    ...the Indian Tucker Act, 28 U.S.C. §§ 1505, an act inPage 48which Congress intended to waive sovereign immunity); Naganab v. Hitchcock, 202 U.S. 473 (holding that sovereign immunity barred equitable relief for breach of trust); Nero v. Cherokee Nation of Oklahoma, 892 F.2d 1457, 1464 (10th Ci......
  • U.S. v. Murdock Mach. and Engineering Co. of Utah, No. 95-4071
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • April 3, 1996
    ...(district court had no power to enjoin United States or its agents from destroying horses owned by Navaho Indians); Naganab v. Hitchcock, 202 U.S. 473, 475-76, 26 S.Ct. 667, 668, 50 L.Ed. 1113 (1906) (Chippewa Indians could not require Secretary of Interior to administer certain lands for t......
  • Request a trial to view additional results
55 cases
  • United States v. Mottaz, No. 85-546
    • United States
    • United States Supreme Court
    • June 11, 1986
    ...consent for, only actions for allotments." 406 U.S., at 142, 92 S.Ct., at 1466 (emphasis added). See also Naganab v. Hitchcock, 202 U.S. 473 (1906) (sovereign immunity precludes suit against United States regarding disposition of Indian lands). That federal courts may have general subject-m......
  • Banco de Espana v. Federal Reserve Bank, No. 370-372.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 8, 1940
    ...446, 3 S.Ct. 292, 27 L.Ed. 992; International Postal Supply Co. v. Bruce, 194 U.S. 601, 24 S.Ct. 820, 48 L.Ed. 1134; Naganab v. Hitchcock, 202 U.S. 473, 26 S.Ct. 667, 50 L.Ed. 1113; Louisiana v. Garfield, 211 U.S. 70, 29 S.Ct. 31, 53 L.Ed. 92; Morrison v. Work, 266 U.S. 481, 45 S.Ct. 149, 6......
  • Coffey v. United States, No. CIV 08-0588 JB/LFG
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • November 25, 2012
    ...the Indian Tucker Act, 28 U.S.C. §§ 1505, an act inPage 48which Congress intended to waive sovereign immunity); Naganab v. Hitchcock, 202 U.S. 473 (holding that sovereign immunity barred equitable relief for breach of trust); Nero v. Cherokee Nation of Oklahoma, 892 F.2d 1457, 1464 (10th Ci......
  • U.S. v. Murdock Mach. and Engineering Co. of Utah, No. 95-4071
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • April 3, 1996
    ...(district court had no power to enjoin United States or its agents from destroying horses owned by Navaho Indians); Naganab v. Hitchcock, 202 U.S. 473, 475-76, 26 S.Ct. 667, 668, 50 L.Ed. 1113 (1906) (Chippewa Indians could not require Secretary of Interior to administer certain lands for t......
  • Request a trial to view additional results

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