United States v. Shoshone Tribe of Indians
Encyclopedia
The United States v. Shoshone Tribe of Indians, 304 U.S. 111
(1938), was a United States Supreme Court
case which held that mineral rights on a reservation belonged to the tribe, not the federal government.
set apart for the Shoshone Tribe
a reservation of 44672000 acres (18,078,133 ha) located in Colorado
, Utah
, Idaho
, and Wyoming
. By the Treaty of July 3, 1868 the tribe ceded this reservation to the United States. The U.S. agreed that 3054182 acres (1,235,984.7 ha) definitely described acres called the "district of country" would be set aside for the absolute and undisturbed use and occupation of the Shoshone Indians. The U.S. also agreed that no persons would be permitted to pass over, settle upon, or reside in that territory. The Shoshone Tribe subsequently made the reservation their permanent home. At the time the 1868 Treaty was made the tribe consisted of full blood Indians who were unable to read, write, or speak English
. The reservation contained valuable mineral deposits of gold, oil, coal, and gypsum
as well as over 400000 acres (161,874.4 ha) of timber. In 1904, the Shoshones and Arapahoes ceded to the U.S. 1480000 acres (598,935.3 ha) to be held by it in trust for the sale of timber, timber lands, and for the making of leases. The net proceeds were to be credited to the Indians. There were 245058 acres (99,171.5 ha) allotted to members of the tribes from 1907 to 1919. The Court found the fair value of a one-half interest of the Shoshone reservation of a total of 2343540 acres (948,397.8 ha), which was taken by the U.S. for the Arapahoes on March 19, 1878 to be US$
1,581,889.50. The lower court concluded that the tribe's interest in the land by the Treaty of 1868 included ownership of the mineral and timber rights. The Government appealed to the Supreme Court
and asked for reversal with directions to determine the value of the Indians' right of use and occupancy excluding the value of any timber or minerals.
delivered the opinion of the court. The case was argued March 21 and April 187, 1938 and was decided on April 25, 1938. The Supreme Court affirmed the lower court ruling and held that by the Treaty of 1868 the Shoshone Tribe had acquired the mineral and timber rights of the reservation. The Court reasoned that the minerals and standing timber were elements of the land itself and that for all practical purposes, the Tribe owned the land. The language of the Treaty did not suggest that the U.K. intended to retain for itself any interest in the minerals or timber. The Court ultimately concluded that the lower court was correct in holding that the right of the Shoshone Tribe included the timber and minerals within the reservation.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1938), was a United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case which held that mineral rights on a reservation belonged to the tribe, not the federal government.
Background
By the Treaty of July 2, 1863 the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
set apart for the Shoshone Tribe
Shoshone
The Shoshone or Shoshoni are a Native American tribe in the United States with three large divisions: the Northern, the Western and the Eastern....
a reservation of 44672000 acres (18,078,133 ha) located in Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
, Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
, Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
, and Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
. By the Treaty of July 3, 1868 the tribe ceded this reservation to the United States. The U.S. agreed that 3054182 acres (1,235,984.7 ha) definitely described acres called the "district of country" would be set aside for the absolute and undisturbed use and occupation of the Shoshone Indians. The U.S. also agreed that no persons would be permitted to pass over, settle upon, or reside in that territory. The Shoshone Tribe subsequently made the reservation their permanent home. At the time the 1868 Treaty was made the tribe consisted of full blood Indians who were unable to read, write, or speak English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
. The reservation contained valuable mineral deposits of gold, oil, coal, and gypsum
Gypsum
Gypsum is a very soft sulfate mineral composed of calcium sulfate dihydrate, with the chemical formula CaSO4·2H2O. It is found in alabaster, a decorative stone used in Ancient Egypt. It is the second softest mineral on the Mohs Hardness Scale...
as well as over 400000 acres (161,874.4 ha) of timber. In 1904, the Shoshones and Arapahoes ceded to the U.S. 1480000 acres (598,935.3 ha) to be held by it in trust for the sale of timber, timber lands, and for the making of leases. The net proceeds were to be credited to the Indians. There were 245058 acres (99,171.5 ha) allotted to members of the tribes from 1907 to 1919. The Court found the fair value of a one-half interest of the Shoshone reservation of a total of 2343540 acres (948,397.8 ha), which was taken by the U.S. for the Arapahoes on March 19, 1878 to be US$
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
1,581,889.50. The lower court concluded that the tribe's interest in the land by the Treaty of 1868 included ownership of the mineral and timber rights. The Government appealed to the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
and asked for reversal with directions to determine the value of the Indians' right of use and occupancy excluding the value of any timber or minerals.
Opinion of the Court
Justice Pierce ButlerPierce Butler (justice)
Pierce Butler was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1923 until his death in 1939...
delivered the opinion of the court. The case was argued March 21 and April 187, 1938 and was decided on April 25, 1938. The Supreme Court affirmed the lower court ruling and held that by the Treaty of 1868 the Shoshone Tribe had acquired the mineral and timber rights of the reservation. The Court reasoned that the minerals and standing timber were elements of the land itself and that for all practical purposes, the Tribe owned the land. The language of the Treaty did not suggest that the U.K. intended to retain for itself any interest in the minerals or timber. The Court ultimately concluded that the lower court was correct in holding that the right of the Shoshone Tribe included the timber and minerals within the reservation.