Seneca Nation of Indians v. Brucker

The appellant Seneca Nation of Indians seeks an injunction to restrain the appellees from constructing an Allegheny Reservoir Project so as to flood a substantial amount of appellant’s lands. The District Court dismissed the complaint.

It is undisputed (1) that the proposed flooding will infringe Indian rights acquired by treaty in 1794, 7 Stat. 44, and (2) that Congress can authorize a taking by eminent domain despite the treaty. Cherokee Nation v. Southern Kansas Railway Company, 1890, 135 U.S. 641, 654-657, 10 S.Ct. 965, 34 L.Ed. 295. The question here is whether Congress has, in a…