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United States v. Shoshone Tribe of Indians, 304 U.S. 111 (1938)

United States v. Shoshone Tribe of Indians

No. 668

Argued March 31, April 1, 1938

Decided April 25, 1938

304 U.S. 111


1. The opinion of the Court of Claims may not be referred to for the purpose of altering or modifying the scope of unambiguous findings. P. 304 U. S. 115.

2. The right of the Shoshone Tribe in the lands set apart for it under the treaty of July 3, 1868, with the United States included the mineral and timber resources of the reservation, and the value of these was properly included in fixing the amount of compensation due for so much of the lands as was taken by the United States. P. 304 U. S. 118.

3. The phrase "absolute and undisturbed use and occupation" in the treaty is to be read, with other parts of the treaty, in the light of the purpose of the arrangement made, the relation between the parties, and the settled policy of the Government to deal fairly with the Indian tribes. P. 304 U. S. 116.

Page 304 U. S. 112

4. Treaties made by the United States with Indian tribes are not to be construed narrowly, but rather in the sense in which naturally the Indians would understand them. P. 304 U. S. 116.

85 Ct.Cs. 331 affirmed.

Certiorari, 303 U.S. 629, to review a judgment against the United States in a suit brought by the Indian Tribe under the special jurisdictional Act of March 3, 1927. For an earlier phase of the case, see 299 U. S. 299 U.S. 476.

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