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GREEN V. MENOMINEE TRIBE, 233 U. S. 558 (1914)

U.S. Supreme Court

Green v. Menominee Tribe, 233 U.S. 558 (1914)

Green v. Menominee Tribe

No. 285

Argued March 13, 16, 1914

Decided May 11, 1914

233 U.S. 558


Section 2 of the Act of May 29, 1908, c. 216, 35 Stat. 144, conferring jurisdiction on the Court of Claims to hear and determine claims of certain Indian traders against the Menominee Tribe of Indians and certain members thereof, created no new right in favor of such traders except removal of the bar of limitations, and gave no right to sue the United States or any member of the Tribe in his individual capacity

Page 233 U. S. 559

as disassociated from his dependent condition as an Indian subject. A contract by a tribe of Indians to guarantee payment of supplies to individual members thereof must conform to § 2103, Rev.Stat.

A claim for lumber equipment furnished to individual members of a tribe of Indians on the guarantee of the Tribe based on an agreement that the proceeds of the lumber cut should, to the extent permitted by the government, pass through the hands of an agent and be applied to payment for the equipment cannot be enforced, under the Act of May 29, 1908, against the Tribe or the Indians as members thereof or the United states when it appears that such proceeds of the lumber were collected by the agent and misapplied. The right of a licensed Indian trader to deal with Indian tribes and individual Indians does not extend to making unlawful contracts.

47 Ct.Cl. 281 affirmed.

The facts, which involve a claim against the Menominee Tribe for supplies furnished to individual members of the Tribe and the jurisdiction of the Court of Claims to consider such claim under the Act of May 29, 1908, are stated in the opinion.

Page 233 U. S. 562

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