Legal Opinion

Love v. United States

United States Court of Claims

Decided May 21, 1894No. 280PublishedCited by 5 opinions

On the Proofs. The Reporter s’ statement of tbe case: This and the preceding case, with many others, were con. sidered and decided at the same time. The opinion here expresses the opinion of the court on the points above decided. It also expresses the views of two members of the court upon the jurisdictional question of amity in cases examined and allowed by the Secretary of the Interior, coming into court under the second jurisdictional clause of the statute.

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On the Proofs. The Reporter s’ statement of tbe case: This and the preceding case, with many others, were con. sidered and decided at the same time. The opinion here expresses the opinion of the court on the points above decided. It also expresses the views of two members of the court upon the jurisdictional question of amity in cases examined and allowed by the Secretary of the Interior, coming into court under the second jurisdictional clause of the statute. To that extent it is a dissenting opinion to the decision in the preceding case of Leighton. The following are the facts as found by…

1Opinion of the CourtNott, J.

When the Indian Depredation Act, 1891, was framed there were- two classes of Indian claims before Congress, one of which consisted of claims for depredations committed by Indians who had never treated with the United States and the other of claims for depredations by Indians who had been in treaty relations.

Between these classes the administrative history of the claims had drawn an unusually broad line of distinction. Until 1$72 Congress had kept within their -own hands, that is to say, in the hands of their committees, the exclusive power of investigation. In 1872 there had accumulated…

2Cases cited2 opinions

  1. United States v. CummingSupreme Court of the United States · 1889
  2. Roberts, Trustees v. United StatesSupreme Court of the United States · 1876

3Cited by5 opinions

  1. Vincent v. United StatesUnited States Court of Claims · 1904
  2. Hayt v. United StatesUnited States Court of Claims · 1903
  3. Montoya v. United StatesUnited States Court of Claims · 1897
  4. Salois v. United StatesUnited States Court of Claims · 1896
  5. Garrison v. United StatesUnited States Court of Claims · 1895

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