Legal Opinion

Thompson v. United States

United States Court of Claims

Decided February 15, 1909No. 6650Published

The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. At the time of the depredations hereinafter stated the claimant, Milton J. Thompson, was a citizen of the United States. II. At the time of said depredations the defendant Indians were in amity with the United States. III. Two tribes or bands of Indians bore the name of Klamath Indians, growing out of their location and not out of any ethnological ancestry.

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The Reporters’ statement of the case: The following are the facts of the case as found by the court: I. At the time of the depredations hereinafter stated the claimant, Milton J. Thompson, was a citizen of the United States. II. At the time of said depredations the defendant Indians were in amity with the United States. III. Two tribes or bands of Indians bore the name of Klamath Indians, growing out of their location and not out of any ethnological ancestry. One of these bands lived at Klamath Lake, Oregon, and was denominated in the departmental reports and records as Klamath Lake Indians.…

1Opinion of the CourtHowry, Judge

This is a California claim under the Indian depredation act of March 3, 1891 (26 Stat., 851). The petition is against the United States and the Klamath Indians, and there are two defenses. The first of these relates to the change in the name of the tribe charged from the Klamath Indians to the Lower Klamath Indians or Klamath River Indians. Defendants say that no relation existed between the Klamath tribe of Indians and the Indians living on the lower Klamath River, who are the real defendants and who are proven to have committed the depredations. Because of this it is contended that no…

2Cases cited3 opinions

  1. United States v. MartinezSupreme Court of the United States · 1904
  2. Graham v. United StatesUnited States Court of Claims · 1895
  3. Bell v. United StatesUnited States Court of Claims · 1904

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