Yankton Sioux Tribe of Indians v. United States
| Decision Date | 22 November 1926 |
| Docket Number | No. 250,250 |
| Citation | 47 S.Ct. 142,71 L.Ed. 294,272 U.S. 351 |
| Parties | YANKTON SIOUX TRIBE OF INDIANS v. UNITED STATES |
| Court | U.S. Supreme Court |
Mr. Jennings C. Wise, of Washington, D. C., for petitioner.
Mr. Wm. D. Mitchell, Sol. Gen., of Washington, D. C., and the Attorney General, for the United States.
By section 22 of the Indian Appropriation Act of April 4, 1910, c. 140, 36 Stat. 269, 284, jurisdiction was conferred upon the Court of Claims 'to hear, and report a finding of fact, as between the United States and the Yankton Tribe of Indians of South Dakota as to the interest, title, ownership, and right of possession of the said tribe' to a tract of land lying in the state of Minnesota embracing the red pipestone quarries. That court, narrowly construing its powers, reported to Congress findings of fact, without passing upon the question of title or determining any issue of law. 53 Ct. Cl. 67, 81. Congress subse- quently, on June 3, 1920 (41 Stat. 738, c. 222), conferred upon the same court jurisdiction to adjudicate all claims of the Sioux Indians against the United States, and under that act these Indians filed their petition in this proceeding, praying judgment for an amount which would compensate them, should it be found that the land in question had been misappropriated by the defendant. On January 9, 1925, while the case was pending, jurisdiction was conferred more definitely upon the same court to determine from the findings of fact theretofore made 'the interest, title, ownership, and right of possession of the Yankton Band of Santee Sioux Indians in and to the land known as the 'red pipestone quarries," and thereupon to determine, and enter judgment for, the amount 'legally and equitably due from the United States' to petitioner for the same. 43 Stat. 730, c. 59. That court, in addition to its previous findings of fact, has now found that the Indians had been and still are permitted freely to visit and procure stone from the quarries and that they are free to do so as long as they may desire. Concluding that under the treaty of 1858 (11 Stat. 743) the only interest possessed by the tribe in the quarries was this right, which had never been denied, the court dismissed the petition. 61 Ct. Cl. 40.
By the treaty of 1858, these Indians ceded to the United States all the lands then owned, possessed, or claimed by them, wherever sitnated, except a particularly described tract of 400,000 acres. In consideration of that cession, among other things, the United States agreed(article 8, p. 746) that:
'The said Yancton Indians shall be secured in the free and unrestricted use of the red pipestone quarry, or so much thereof as they have been accustomed to frequent and use for the purpose of procuring stone for pipes; and the United States hereby stipulate and agree to cause to be surveyed and marked so much thereof as shall be necessary and proper for that purpose and retain the same and keep it open and free to the Indians to visit and procure stone for pipes so long as they shall desire.'
In accordance with this agreement, the tract here in question, containing about 648 acres, was so surveyed and marked.
It is quite clear from all the surrounding circumstances that the Indians understood that by this provision there was granted to them full ownership of the tract, and their claim to that effect they have always persistently and stoutly maintained. The validity of that claim the government has sometimes denied, and at other times apparently conceded. One conspicuous example of the latter character may be cited. In 1889 (25 Stat. 1012, c. 421), Congress provided for the appraisement of the tract and the ascertainment of the actual value of a strip of land upon it then occupied by a railway company and the damage to the remainder of the tract by reason of the taking of the strip for railroad purposes. As a result of this legislation, $1,740 was collected from the railroad company and paid to the Indians. By the same act it was provided that no part of the tract should be sold without the consent of a majority of the adult male members of the tribe, and that the proceeds of sales should be credited to the annuity fund of the Indians, or expended according to their determination.
Nevertheless the extent and character of the interest of the Indians has continued to be more or less in controversy. In 1891 (26 Stat. 764, c. 240), provision was made for establishing Indian industrial and training schools in Minnesota, Michigan, and Wisconsin, that in Minnesota to be located on the quarry tract. Under this act a school was established on the tract and opened early in 1893; possession being taken, it is conceded, of the entire tract. In the meantime, negotiations with the Indians had resulted in an agreement for the cession of an additional 150,000 acres of land, which agreement was ratified by Congress in 1894. 28 Stat. 314, c. 290. In part consideration of the cession the agreement contains the following article:
* * *
'If the Secretary of the Interior shall not, within one year after the ratification of this agreement by Congress, refer the question of the ownership of said Pipestone reservation to the Supreme Court, as provided for above, such failure upon his part shall be construed as, and shall be, a waiver by the United States of all rights to the ownership of the said Pipestone reservation, and the same shall thereafter be solely the property of the Yankton tribe of the Sioux Indians, including the fee to the land.'
Concluding that the provision for referring the matter to this court was beyond the constitutional power of Congress, the Secretary made no attempt to carry that part of the article into operation beyond submitting the question for the opinion of the Attorney General. That officer advised that compliance with it was impracticable. There the matter rested until 1897, at which time Congress, apparently...
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