The Fort Mojave Tribe, by and Through Its Tribal Council in Class Action on Behalf of All Members of Said Tribe v. William L. Lafollette

This is an appeal from an order dismissing an amended complaint on the ground that the United States was an in-. dispensable party to the litigation. The appellant, an Indian tribe acknowledged by the government pursuant to statute [ 25 U.S.C. § 476 ], brought suit to quiet title as against claims of the defendants to land in Arizona. The complaint did not allege who was in possession but asserted that defendants made some claims adverse to the title of the tribe.

The tribe asserts a superior right under Executive Order No. 1296, February 2, 1911, by which the United States withdrew from settlement certain land in (the territory of) Arizona and set it apart

Defendants moved to dismiss the action on several grounds, including lack of subject matter jurisdiction and failure to join an indispensable party. The latter ground was the one relied upon by the district court in dismissing without prejudice. It was the view of the trial judge that the Executive Order did not transfer title and no trust patent had been issued to the land in question, leaving title in the government.

I.

THE INDISPENSABLE PARTY ISSUE

Without joining the United States, an Indian tribe may sue in its own…