United States v. Nez Perce Tribe of Indians

This case comes before us on a second appeal, this time by defendant, from a decision of the Indian Claims Commission.1 The Commission found, after remand (which is discussed later), (1) that the average value of plaintiff’s (hereinafter referred to as the Tribe) land was $5.50 per acre; (2) that the difference between such value and what was actually paid ($2.97) was so gross as to be unconscionable; and (3) that, therefore, pursuant to clause (3) of 25 U.S.C. § 70a (1964)2 the Tribe is entitled to recover additional consideration in the principal amount of $1,387,911. The Commission also…