United States v. Brindle

• Court: United States Supreme Court
• Citation: 4 S.Ct. 180,28 L.Ed. 286,110 U.S. 688
• Parties: UNITED STATES v. BRINDLE
• Decision Date: 03 March 1884

110 U.S. 688

4 S.Ct. 180

28 L.Ed. 286

UNITED STATES v. BRINDLE.

March 3, 1884.

Asst. Atty. Gen. Maury, for plaintiff in error.

John H. Sloan and M. F. Morris, for defendant in error.

WAITE, C. J.

Two general questions are presented by the special verdict in this case: (1) Whether Brindle, the defendant in error, as receiver of public moneys for the district of lands subject to sale at Lecompton, kansas, is entitled to the military bounty-land fees received by him during his term of office, over and above the amount required, with his commissions on cash sales of public lands, to make up his annual salary of $2,500 per year; and (2) whether he is entitled to commissions on sales of Indian trust lands in addition to his compensation as such receiver of public moneys. The first of these questions is answered in the negative, on the authority of U. S. v. Babbit, 1 Black, 55, decided in 1861, and reaffirmed in 1877. 95 U. S. 335. The rule settled in that case ought not to be disturbed at this late day.

The facts on which the claim for commissions on sales of Indian trust lands depend are these: On the seventeenth of July, 1854, a treaty was concluded with the Delaware tribe of Indians, (10 St. 1048,) the material parts of which are as follows:

'Article 1. The Delaware tribe of Indians hereby cede, relinquish, and quitclaim to the United States all their right, title, and interest in and to their country,' describing it, and also their right, title, and interest in what was then known as 'the outlet.'

'Art. 2. The United States hereby agree to have the ceded country (excepting the said 'outlet') surveyed, as soon as it can be conveniently done, in the same manner that the public lands are surveyed; such survey to be commenced and prosecuted as the president of the United States may deem best. And the said president will, as soon as the whole or any portion of said lands are surveyed, proceed to offer such surveyed lands for sale at public auction, in such quantities as he may deem proper, being governed in all respects, in conducting such sales, by the laws of the United States respecting the sales of public lands; and such of the lands as may not be sold at the public sales shall thereafter be subject to private entry, in the same manner that private entries are made of United States lands; and any or all of such lands as remain unsold after being three years subject to private entry at the minimum government price, may, by act of congress, be graduated and reduced in price until all said lands are sold; regard being had in such graduation and reduction to the interests of the Delawares, and also to the speedy settlement of the country.

'Art. 3. The United States agree to pay to the Delaware tribe of Indians the sum of ten thousand dollars; and, in consideration thereof, the Delaware tribe of Indians hereby cede, release, and quitclaim to the United States the said tract of country hereinbefore described as the 'outlet.' And as a further and full compensation for the cession made by the first article, the United States agree to pay to said tribe all the moneys received from the sale of the lands provided to be surveyed in the preceding article, after deducting therefrom the cost of surveying, managing, and selling the same.

Another article provided for the permanent investment of such of the proceeds as was not required for the present wants of the Indians, and for the disposition of the interest on the investments.

On the tenth of August, in the same year, the Kaskaskias and Peorias, and certain tribes of the Piankeshaw and Wea Indians, ceded certain of their lands to the United States by a treaty the same in its general provisions as that of the Delawares. 10 St. 1082.

Section 5 of the act of March 3, 1855, c. 204, (10 St. 700,) passed after these treaties were concluded, is as follows: 'That no enable the president of the United States to carry out, in good faith, the recent treaties with the * * * Delawares * * * and the United tribes of Kaskaskias and Peorias, Piankeshaws and Weas, * * * there shall be and hereby is appropriated the sum of twenty thousand dollars, in addition to the appropriations heretofore made, for the execution of the surveys required by said treaties; and where the net proceeds of the lands ceded by either of said treaties are required to be paid over to the Indians, the president shall cause said lands, or such parts thereof as he may deem proper, to be clasified and valued, and when such classification and valuation have been made to his satisfaction, he shall cause said lands to be offered at public sale, by legal subdivisions or town lots, at such times and places, and in such manner and quantity, as to him shall appear proper and necessary to carry out faithfully the stipulations in said treaties and said lands shall not be sold at private classified and valued, and when such by the valuation aforesaid, nor shall any land be sold at a less price than one dollar and twenty-five cents per acre, for three years, and thereafter as may be directed by law pursuant to the treaty.'

By an act of July 9, 1832, c. 174, (4 St. 564,) as afterwards amended and now section 463 of the Revised Statutes, the commissioner of Indian affairs, under the direction of the...