United States v. Stotts
District Court, W.D. Washington
That in 1855, Governor Stevens, for Washington Territory, being thereunto daily authorized, entered into a treaty with the chiefs, headmen, and delegates of certain Indian tribes, whereby tracts of land would be set aside, and, as far as necessary, surveyed and marked for the exclusive use of Indians.
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That in 1855, Governor Stevens, for Washington Territory, being thereunto daily authorized, entered into a treaty with the chiefs, headmen, and delegates of certain Indian tribes, whereby tracts of land would be set aside, and, as far as necessary, surveyed and marked for the exclusive use of Indians. That, for the purpose of defining and establishing the boundary, the President of the United States thereafter, on November 22, 1873, issued a proclamation establishing the Lummi Indian Reservation pursuant to the terms of the treaty, as follows: “Executive Mansion, November 22, 1873. “It is…
1Opinion of the CourtNeterer, District Judge
(after stating the facts as above).
It is primer law that Indian treaties are to be liberally construed, to the end that Indians will retain the benefits conferred by the treaty at the time of its execution. Jones v. Meehan, 175 U. S. 1, 20 S. Ct. 1, 44 L. Ed. 49; United States v. Winans, 198 U. S. 371, 25 S. Ct. 662, 49 L. Ed. 1089; Mason v. Sams (D. C.) 5 F.(2d) 255.
The Indians’ right of occupancy is not predicated upon .a grant by the United States, but,under a reserved aboriginal right which the Indians inherently held in the land segregated and withheld from the land ceded by the Indians…
2Cases cited10 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- United States v. WinansSupreme Court of the United States · 1905
- Jones v. MeehanSupreme Court of the United States · 1899
- United States v. Holt State BankSupreme Court of the United States · 1926
- Gaines v. NicholsonSupreme Court of the United States · 1850
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. MilnerCourt of Appeals for the Ninth Circuit · 2009
- Sekaquaptewa v. MacDonaldCourt of Appeals for the Ninth Circuit · 1980
- The Cherokee Nation or Tribe of Indians in Oklahoma, the Choctaw Nation and the Chickasaw Nation v. State of OklahomaCourt of Appeals for the Tenth Circuit · 1968
- SEKAQUAPTEWA v. MacDONALDCourt of Appeals for the Ninth Circuit · 1980
- United States v. Big Bend Transit Co.District Court, E.D. Washington · 1941
3 more not listed; retrieve them via the Exa API.