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
Famous quotes containing the words opinion and/or court:
“How can a man be satisfied to entertain an opinion merely, and enjoy it? Is there any enjoyment in it, if his opinion is that he is aggrieved? If you are cheated out of a single dollar by your neighbor, you do not rest satisfied with knowing that you are cheated, or with saying that you are cheated, or even with petitioning him to pay you your due; but you take effectual steps at once to obtain the full amount, and see that you are never cheated again.”
—Henry David Thoreau (1817–1862)
“We should have learnt by now that laws and court decisions can only point the way. They can establish criteria of right and wrong. And they can provide a basis for rooting out the evils of bigotry and racism. But they cannot wipe away centuries of oppression and injustice—however much we might desire it.”
—Hubert H. Humphrey (1911–1978)