Rosebud Sioux Tribe, Appellant-Plaintiff v. Honorable Richard Kneip, Appellees-Defendants

TALBOT SMITH, Senior District Judge.

The complaint before us seeks that we declare that the original “boundaries of the [Rosebud Indian] reservation as fixed by the 1889 Act, were not affected by the three ‘surplus’ land statutes of 1904, 1907, and 1910.” 1 It follows, according to plaintiff’s (hereinafter the Tribe’s) theory that the areas involved, namely, all or parts of the Counties of Gregory, Tripp, Lyman and Mellette, in the State of South Dakota, remain a part of the Rosebud Reservation and are subject to the appropriate federal and tribal powers and jurisdiction. 2

As originally…