Langford v. Monteith

• Decision Date: 01 January 1876
• Citation: 1 Idaho 612
• Parties: W. G. Langford, Respondent, v. C. E. Monteith, Appellant.
• Court: Idaho Supreme Court

1 Idaho 612

W. G. Langford, Respondent, v. C. E. Monteith, Appellant.

Supreme Court of Idaho

January 1, 1876

NEZ PERCE INDIANS-RESERVATION-TREATY.-The treaty between the United States and the Nez Perce tribe of Indians, concluded June 9, 1863, proclaimed April 20, 1867, reserved for the sole use and occupation of said tribe, the territory, or tract of country therein described.

IDEM-SETTLERS UPON THAT RESERVATION ARE TRESPASSERS.-Settlers upon the reservation granted by treaty to the Nez Perce Indians and all others, except such as are permitted by the treaty, who go thereon to occupy or possess any portion of the land embraced therein, are trespassers. No agreement for the use and occupancy of any portion of said land between the plaintiff and another white person, can be enforced.

APPEAL from the First Judicial District, Nez Perce County. On the fifteenth day of February, 1875, the plaintiff commenced an action before a justice of the peace, as landlord, against the defendant, as his tenant, for holding over lands within the Nez Perce Indian reservation, contrary to the terms of a lease previously entered into between plaintiff and defendant. The action was commenced and prosecuted under that provision of the Civil Practice Act relating to forcible entry and detainer. The cause was removed from the justice's court to the district court of the first judicial district, Nez Perce county, where judgment was rendered in favor of the plaintiff. Defendant appealed.

Huston & Gray, for the Appellant. Brumback & Cahalan, for the Respondent.

CLARK J.,

delivered the opinion.

HOLLISTER C. J., concurred.

From the pleadings, judgment, and admissions of counsel for the respective parties made in this court, it is shown, that the premises described in the complaint, lease, and judgment, are situated within the Nez Perce Indian reservation; hence our inquiries are directed to an examination of the several treaties between the United States and the Nez Perce tribe of Indians for the purpose of ascertaining what rights and privileges the respondent had, if any, to land and tenements situated as aforesaid, and the further purpose of ascertaining whether, or not, the action of forcible detainer could be maintained between white persons for lands and tenements which are made a part of an Indian reservation by treaty with the United States, and reserved to the sole use and occupation of Indians.

The treaty between the United States and the Nez Perce

tribe of Indians, concluded June 9, 1863, proclaimed April 20, 1867 (14 U.S. Stat.), was made in the valley of the Lapwai, Washington territory, as appears by the preamble to said treaty. This territory was not created at the date of said treaty, but afterward, and when created, included said Lapwai valley within its limits. The treaty mentions the Lapwai and shows it to be within the reservation; hence we conclude that Lapwai creek, mentioned in the complaint, lease, and judgment, and Lapwai, mentioned in the treaty, are one and the same place. Article 1 of said treaty provides, that the Nez Perce tribe of Indians relinquish, and do thereby relinquish to the United States, the land reserved for the use and occupation of said tribe under the treaty of 1855, saving and excepting so much thereof as is described in article 2 of the said treaty of June 9, 1863.

Article 2 of the treaty of June 9, 1863, reserves for the home and for the sole use and occupation of said tribe the tract of land included within the following boundaries, to wit: Commencing at the northeast corner of Lake Waha and running thence northerly to a point on the north bank of the Clearwater river, three miles below the mouth of the Lapwai, thence down the north bank of the Clearwater to the mouth of Hatwai creek, thence due north to a point seven miles distant, thence east-wardly to a point on the north fork of the Clearwater seven miles distant from its mouth, thence to a point on Oro Fino creek five miles above its mouth, thence to a point on the north fork of the south fork of the Clearwater five miles above its mouth, thence to a point on the south fork of the Clearwater one mile above the bridge on the road leading to Elk City (so as to include all the Indian farms now within the forks, thence in a straight line westerly to the place of beginning. This description shows the premises mentioned in this action to be within the reservation.

Article 3 of said treaty of June 9,...