Sioux Tribe of Indians of the Lower Brule Reservation, South Dakota v. The United States

WHITAKER, Judge.

This case is before the court on cross-appeals from the final determination of the Indian Claims Commission awarding plaintiff the sum of $71,747.63, including interest of $52,929.52, but offsetting against this sum a portion of the sum of $157,404.46 found to have been expended for the plaintiff as gratuities. One of defendant’s counterclaims was allowed to the extent of $658.07, but the other two were disallowed.

The appeals present these questions: (1) whether the facts present a case of the taking of plaintiff’s lands without the payment of just compensation and, hence,…