United States v. Gorham
| Decision Date | 15 February 1897 |
| Docket Number | No. 187,187 |
| Citation | 165 U.S. 316,41 L.Ed. 729,17 S.Ct. 382 |
| Parties | UNITED STATES v. GORHAM |
| Court | U.S. Supreme Court |
The appellee herein filed his petition against the United States and the Comanche and Kiowa Indians in the court of claims on the 4th day of September, 1891, in which he claimed to recover damages for the destruction of his property on the 20th day of January, 1868, by the Comanche and Kiowa Indians, in amity with the United States, at Indian Creek, in Cooke county, Tex. The property destroyed consisted of horses, mares, and colts of the alleged value of $1,390.
The government filed an answer to such petition, in which it denied each and every allegation therein contained. The case was duly tried before the court, which found as facts that the claimant was at the time of the loss of his property, and ever since has been, a citizen of the United States, and that in the year 1868 he was the owner of the property described in his petition, and that it was of the total value of $1,390; that it was destroyed or taken from him by Indians belonging to the Indian tribes, at the time in amity with the United States, and the depredation was without just cause or provocation on the part of claimant, and that it did not appear at the time of the depredation that any Indian troubles existed; that no part of the property included in the computation had been returned or paid for. Upon these findings the court decided as conclusions of law that the plaintiff was entitled to recover from the United States the value of the property, $1,390, and that his petition as against the Comanches and Kiowas should be dismissed. Judgment was accordingly entered against the United States for the sum named, and for a dismissal against the Indians. A motion by the United States for a new trial was overruled, and thereafter an appeal was allowed to this court. Reported below in 29 Ct. Cl. 97.
The appellant assigns for errors of fact:
(1) That the court erred in finding that claimant's property was taken or destroyed by Indians belonging to Indian tribes at the time in amity with the United States.
(2) In finding that the depredation was committed without just cause or provocation on the part of the claimant or his agent.
(3) In finding that it does not appear that any Indian troubles existed at the time of the depredation.
Errors of law are assigned:
(1) That the court erred in its conclusion of law that the claimant should recover from the United States the sum of $1,390; and
(2) It erred in entering judgment against the United States.
Alex. Porter Morse, for the United States.
John Wharton Clark, for appellee.
Mr. Justice PECKHAM, after stating the facts in the foregoing language, delivered the opinion of the court.
There is here but a single question for this court to review, and that relates to the right of the court of claims to render judgment against the United States alone under the Indian depredation act where the tribe of Indians to which the depredators belong cannot be identified, and such inability is stated and judgment rendered against the United States only.
The act in question is entitled 'An act to provide for the adjudication and payment of claims arising from Indian depredations,' approved March 3, 1891. 26 Stat. 851, c. 538.
Under that act jurisdiction is conferred upon on the court of claims to inquire into and finally adjudicate, in the manner provided in the act, first, all claims for the property of citizens of the United States taken or destroyed by Indians belonging to any band or tribe or nation in amity with the United States, without just cause or provocation on the part of the owner or agent in charge, and not returned or paid for.
The second section of the act waives all questions of limitation as to the time and manner of presenting such claims, provided that no claim accruing prior to July 1, 1865, is to be considered by the court unless the claim shall be allowed, or has been or is pending, prior to the passage of the act, before congress, or before the other officers named therein.
The third section provides that all claims shall be presented to the court by petition setting forth the facts upon which such claims are based, 'the persons, classes of persons, tribe or tribes, or band of Indians by whom the alleged illegal acts were committed, as near as may be, the property lost or destroyed, and the value thereof, and any other facts connected with the transactions and material to the proper adjudication of the case involved.'
The fourth section provides for service of the petition upon the attorney general of the United States, and makes it his duty to appear and defend 'the interests of the government and of the Indians in the suit.' It provides for the filing of a proper plea by the attorney general, and that in case of his neglect to do so the claimant may proceed with the case, but he 'shall not have judgment for his claim or for any part thereof unless he shall establish the same by proof satisfactory to the court.'
The fifth section provides, among other things, 'that the court shall determine in each case the value of the property taken or destroyed at the time and place of the loss or destruction, and, if possible, the tribe of Indians or other persons by whom the wrong was committed, and shall render judgment in favor of the claimant or claimants against the United States, and against the tribes of Indians committing the wrong when such can be identified.'
The sixth section provides that the amount of the judgment rendered against any...
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