Winters v. United States
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Montana. This is an appeal taken from an' order secured by appellee (complainant In the court below) enjoining appellants (defendants in the court below) from interfering in any manner with the use of 5,000 inches of the waters of Milk river in the state of Montana. The order was made by the court upon a hearing under a rule to show cause why the preliminary injunction should not be granted.
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Appeal from the Circuit Court of the United States for the District of Montana. This is an appeal taken from an' order secured by appellee (complainant In the court below) enjoining appellants (defendants in the court below) from interfering in any manner with the use of 5,000 inches of the waters of Milk river in the state of Montana. The order was made by the court upon a hearing under a rule to show cause why the preliminary injunction should not be granted. The suit involves the right of the appellee, and of the Indians residing upon the Ft. Belknap Indian reservation, to the use of the…
1Opinion of the CourtHawley, District Judge
The first, and in our opinion the most important, question to be determined in this case is in relation to the construction and true interpretation of the treaty of May 1, 1888, between the government of the United States and the Indian tribes therein mentioned. What rights, if any, did the Indians obtain by virtue of their consent to the terms of the treaty as ratified? The situation of the Indians and the rights held by them under the prior treaties must be considered. What were the inducements which caused them to give up their abiding places under the original conditions which existed,…
2Cases cited19 opinions
- Worcester v. GeorgiaSupreme Court of the United States · 1832
- Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
- Wilcox v. JacksonSupreme Court of the United States · 1839
- United States v. WinansSupreme Court of the United States · 1905
- Hardin v. JordanSupreme Court of the United States · 1891
14 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- United States v. Ahtanum Irrigation DistrictCourt of Appeals for the Ninth Circuit · 1956
- United States v. Super. Ct. in & for Maricopa Cty.Arizona Supreme Court · 1985
- United States v. Walker River Irr. Dist.Court of Appeals for the Ninth Circuit · 1939
- United States v. McIntireCourt of Appeals for the Ninth Circuit · 1939
- Conrad Inv. Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1908
22 more not listed; retrieve them via the Exa API.