Smith v. Bonifer
U.S. Circuit Court for the District of Oregon
In Equity. The bill of complaint herein shows that complainant Philomme Smith is a full-blood Indian woman, a member of the Walla Walla band or tribe of Indians, and the wife of complainant P. A. Smith, a white person. That the complainants Charles Smith, Maggie Smith, and Janie Smith, are children of the said Philomme and P. A. Smith. That Elizabeth Smith is the child of James Smith, now deceased, who was the child of Philomme and P. A. Smith.
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In Equity. The bill of complaint herein shows that complainant Philomme Smith is a full-blood Indian woman, a member of the Walla Walla band or tribe of Indians, and the wife of complainant P. A. Smith, a white person. That the complainants Charles Smith, Maggie Smith, and Janie Smith, are children of the said Philomme and P. A. Smith. That Elizabeth Smith is the child of James Smith, now deceased, who was the child of Philomme and P. A. Smith. That L.ura Smith, George Smith, and Sophia Smith, who are now deceased, were also children of Philomme and P. A. Smith. That about April, 1891, there…
1Opinion of the Court
WOLVERTON, District Judge.
While it is conceded that the mother of Philomme Smith was a member of the Walla Walla tribe of Indians, it is contended that she severed her tribal relations, and that by reason thereof her daughter Philomme is not a tribal Indian, and was therefore not entitled to an allotment of land upon the Uma-tilla reservation. From this position, it is further argued that the children of Philomme, who are Indians of half blood, were also not entitled to allotments.
The testimony in the case shows beyond question that the mother of Philomme was a full-blood Walla Walla Indian…
2Cases cited6 opinions
- Hy-Yu-Tse-Mil-Kin v. SmithSupreme Court of the United States · 1904
- Farrell v. United StatesCourt of Appeals for the Eighth Circuit · 1901
- Pennock v CommissionersSupreme Court of the United States · 1881
- Smith v. BoniferU.S. Circuit Court for the District of Oregon · 1904
- United States v. HadleyU.S. Circuit Court for the District of Washington · 1900
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3Cited by11 opinions
- Turtle Mountain Band of Chippewa Indians v. United StatesUnited States Court of Claims · 1974
- Lemieux v. United StatesCourt of Appeals for the Eighth Circuit · 1926
- Means v. Navajo NationCourt of Appeals for the Ninth Circuit · 2005
- Thompson v. County of FranklinDistrict Court, N.D. New York · 1998
- State v. PhelpsMontana Supreme Court · 1933
6 more not listed; retrieve them via the Exa API.