United States V. Shoshone Tribe of Indians - Background

Background

By the Treaty of July 2, 1863 the United States set apart for the Shoshone Tribe a reservation of 44,672,000 acres (18,078,000 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 3,054,182 acres (1,235,984 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 400,000 acres (160,000 ha) of timber. In 1904, the Shoshones and Arapahoes ceded to the U.S. 1,480,000 acres (600,000 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 245,058 acres (99,171 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 2,343,540 acres (948,400 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.