United States v. Parkhurst 8212 Davis Mercantile Company
| Decision Date | 26 February 1900 |
| Docket Number | No. 130,130 |
| Citation | 176 U.S. 317,44 L.Ed. 485,20 S.Ct. 423 |
| Parties | UNITED STATES, Appt. , v. PARKHURST—DAVIS MERCANTILE COMPANY, National Bank of St. Marys, Kansas, et al |
| Court | U.S. Supreme Court |
On August 21, 1897, the United States filed their bill in the circuit court of the United States for the district of Kansas seeking an injunction restraining defendants from enforcing in the courts of the state of Kansas certain claims against Eli G. Nadeau and John Nadeau, members of the Prairie band of Pottawatomie Indians, and residing on a reserve within the limits of that state. On November 22, 1897, an amended bill was filed, to which bill the defendants demurred, and on March 4, 1898, the demurrer was sustained and the bill dismissed. From such order of dismissal the government took its appeal directly to this court.
The amended bill alleged in substance that the two Indians were members of the Prairie band of Pottawatomie Indians; that such band had a reservation in the county of Jackson, within the limits of that state; that by the act of Congress admitting Kansas into the Union it was expressly provided, among other things, as follows, to wit: 'That nothing contained in the said Constitution respecting the boundary of said state shall be construed to impair the rights of person or property now pertaining to the Indians in said territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with such Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any state or territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the state of Kansas, until said tribe shall signify their assent to the President of the United States to be included within said state, or to affect the authority of the government of the United States to make any regulation respecting such Indians, their lands, property, or other rights by treaty, law, or otherwise, which it would have been competent to make if this act had never passed' (12 Stat. at L. 127, chap. 20); and that the Prairie band had never in any manner consented or signified to the President of the United States that any rights of person or property formerly appertaining to these members should be extinguished, nor have they ever consented that they or their reservation should be governed or controlled by the laws of the state of Kansas. The bill then proceeds to state a series of facts tending to show that this reserve had been exempted from the laws of the state of Kansas; that the tribal relation had been preserved and the government superintendency and control over the Indians maintained. It further disclosed that the two Indians had received patents for their respective portions of the reservation, as provided in § 5 of the act of Congress of February 8, 1887 (24 Stat. at L. 389, chap. 119), that they resided each on the separate tract or parcel allotted and patented to him; but, as averred, they had never been naturalized as citizens of the United States, and had maintained in all respects their peculiar...
To continue reading
Request your trial
-
Monamotor Oil Co. v. Johnson
...S. 358, 361, 42 S. Ct. 318, 66 L. Ed. 658; Hull v. Burr, 234 U. S. 712, 34 S. Ct. 892, 58 L. Ed. 1557; U. S. v. Parkhurst-Davis Mercantile Co., 176 U. S. 317, 20 S. Ct. 423, 44 L. Ed. 485; Dial v. Reynolds, 96 U. S. 340, 24 L. Ed. 644; Haines et al. v. Carpenter, 91 U. S. 254, 257, 23 L. Ed......
-
United States v. Mcintosh
...cited by counsel for defendants, the only case wherein the United States was the moving party is the case of Parkhurst-Davis Merc. Co., 176 U. S. 317, 20 S. Ct. 423, 44 L. Ed. 485." The Parkhurst-Davis Case is relied upon by the defendant in this case. There, the Supreme Court, having found......
-
Joseph Hull v. Arthur Burr
...L. ed. 644; Chapman v. Brewer, 114 U. S. 158, 172, 29 L. ed. 83, 88, 5 Sup. Ct. Rep. 799; United States v. Parkhurst-Davis Mercantile Co. 176 U. S. 317, 320, 44 L. ed. 485, 486, 20 Sup. Ct. Rep. 423; Hunt v. New York Cotton Exch. 205 U. S. 322, 338, 51 L. ed. 821, 827, 27 Sup. Ct. Rep. 529;......
-
Wells Fargo Co v. Taylor
...Haines v. Carpenter, 91 U. S. 254, 23 L. Ed. 345; Dial v. Reynolds, 96 U. S. 340, 24 L. Ed. 644; United States v. Parkhurst-Davis Co., 176 U. S. 317, 20 Sup. Ct. 423, 44 L. Ed. 485. If it is not, the court rightly entertained the suit and proceeded to an adjudication of the merits, for the ......