Opinion of The Court
Justice Pierce Butler delivered the opinion of the court. The case was argued March 21 and April 18, 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.
Read more about this topic: United States V. Shoshone Tribe Of Indians
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