United States v. Forty-Eight Pounds of Rising Star Tea
| Decision Date | 07 June 1888 |
| Citation | 35 F. 403 |
| Court | U.S. District Court — Northern District of California |
| Parties | UNITED STATES v. FORTY-EIGHT POUNDS OF RISING STAR TEA, ETC. |
J. E McElrath and D. T. Sullivan, for claimant.
John T Carey, for the United States.
It is not denied that the claimant traded with the Indians residing on what has been known as the 'Klamath River Reservation' in this state. The question to be considered is, is the land so known 'Indian country' within the meaning of the section referred to. The Klamath Indian reservation was created by executive order, dated November 16, 1855, pursuant to the act of March 3, 1855. It embraced a tract of land extending 20 miles up the river from its mouth, and one mile in width on each side of the river. It would seem from official reports that during the years following the establishment of the reservation some 2,500 Indians were collected upon it. In 1861 nearly all its arable lands, with the improvements thereon, were destroyed by floods, and the reservation was rendered almost worthless. In this condition of affairs the Indian agent, Mr. Hanson strongly urged the selection of a new reservation to replace the destroyed Klamath reservation. This recommendation was adopted, but, it would seem, merely as a temporary refuge for the Klamath Indians; and on the 9th of April, 1862, the lands known as 'Smith River Reserve,' or such of them as had not already been purchased by Mr. Hanson from individuals, were, by order of the secretary of the interior withdrawn from sale 'for the present.' The project of removing the Klamath Indians to a new reserve was carried out only in part. Between 400 and 500 of those Indians were actually removed. As they were self-supporting, subsisting almost entirely on fish, it was not deemed expedient to force their removal, or to restore the old reservation to the public domain. About three years after the floods, Superintendent Wiley reported that there were only 745 Indians at the Smith River agency. What became of those Indians, and of the large number said to have remained on the 'destroyed' and worthless Klamath reservation, does not distinctly appear. The Smith River reserve was discontinued by act of congress of July, 1868; and the testimony in this case shows that the number of Indians on the old Klamath reservation is now only about 200. Their number is not constant, as many seek employment in the adjacent country. On the 8th April, 1864, an act of congress was passed 'for the better organization of Indian affairs in California. ' By this act the two superintendences theretofore existing were consolidated into one, and the president was authorized to set apart, at his discretion, not exceeding four tracts of land, within the limits of California, to be retained by the United States as Indian reservations. The president was further authorized in his discretion to include in such tracts any of the reservations theretofore set apart in the state, and to enlarge the same to such an extent as he might deem necessary to adapt them to their intended purpose. The lands of the existing reservations, not retained by the president, were, by the third section of the act, directed to be surveyed into parcels of suitable size, which were to be appraised at their cash value, and offered for sale at public outcry; but no lot was to be sold for less than its appraised value, nor for less than $1.25 per acre. The lands not so sold were thereafter to be held subject to sale at private entry, according to much regulations as the secretary of the interior might prescribe. It will be noted that by this act the lands of the old reservations not embraced within the new reservations to be set apart by the president are not restored to the public domain, nor subjected to the operations of the general land laws. They are to be surveyed 'into lots or parcels of suitable size;' to be appraised and sold at auction to the highest bidder. The lots are to be of 'suitable, ' but indefinite, size. No right of pre-emption is to be acquired by settlement or occupation; and the lands not sold at auction are to be held subject to private entry, not under the general land laws, but according to such regulations as the secretary of the interior may prescribe. Under the provisions of this act four reservations were selected and set apart by the president: (1) The Tule River reservation, by executive order of October 3, 1873. Modified by executive order August 3, 1878. By this last order a part of the lands included in the order of October was restored to the public domain. (2) The Hoopa Valley...
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Parravano v. Babbitt
...to signatories of various treaties, which has no relevance to the instant case. Plaintiffs also cite United States v. Forty-Eight Pounds of Rising Star Tea, 35 F. 403 (D.C.N.D.Cal.1888), aff'd, 38 F. 400 (C.C.N.D. 1889) as authority. This case describes how a reservation was extended to inc......
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