Halbert

United States v. Halbert

Caution
38 F.2d 795·1930 U.S. App. LEXIS 2407
United States Court of Appeals for the Ninth CircuitFebruary 24, 1930No. 5922California2,365 words

Opinion

Lead Opinion

Wilbur, J.

Plaintiffs in these cases invoked the jurisdiction of the District Court on the ground that they were entitled to an allotment of lands in the Quinaieit Indian Reservation in the state of Washington, and that this right had been denied by the Secretary of the Interior. Congress has authorized such an action in such a case. 25 USCA § 345, 28 Stat. 305 , § 1, 31 Stat. 760 , § 1. Fifteen cases were consolidated for trial, and on appeal several of the cases, Indians whose claims were related, were joined, so that the number of allotments involved is greater than the number of cases. Appellees base their right *796 to allotment upon certain treaties and statutes to which we will now refer.

In 1855-1856 a treaty was signed by Isaac I. Stevens, Governor and Superintendent of Indian Affairs, on behalf of the government of the United States, and by certain head chiefs and sub chiefs of the Quinaielt and Quileute Tribes, and by a number of the Indians of these tribes. In the caption of the treaty it is denominated an agreement and convention made and concluded between Isaac I. Stevens, Governor, etc., on the part of the United States, “and the undersigned chiefs, headmen, and delegates of…

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