Provoe

United States v. Provoe

Good Law
38 F.2d 799·1930 U.S. App. LEXIS 2408
United States Court of Appeals for the Ninth CircuitFebruary 24, 1930No. 5922California3,765 words

Opinion

Lead Opinion

Wilbur, J.

This is a companion ease to the ease of United States v. Halbert (C. C. A.) 38 F.(2d) 795 , and was submitted at the same time and upon the same record as the other companion eases. The decree awarded allotments to all the plaintiffs, and the government appeals. It is alleged in the complaint that the plaintiffs are, and at all times since their birth have been, persons of part Indian blood, over twenty-one years of age, and members of the Quinaielt Tribe of Indians residing in the state of Washington. By way of recital it is further stated in the complaint that Mary Frances Provoe, being a member of an associated and affiliated band of Indians of the Quinaielt Tribe, and a fish-eating Indian of the Pacific Coast and of Western Washington, is the mother of the plaintiffs, other than herself, and that her husband, the father of the other plaintiffs, is an Indian by blood, although his tribe is not stated. It is also alleged that in 1912 a tribal council of the Quinaielt Tribe of Indians, meeting at Taholoh, Wash., recognized plaintiffs as belonging to, and being a part of, the Quinaielt Tribe of Indians. It was further alleged that in 1912 the plaintiffs applied for an allotment…

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