The times. [volume] (Washington [D.C.]) 1897-1901, 1901-02-12
INDIAN DEPRECIATION CLAIMS.
Decision of the Supreme Court in
Two Important Test Cases.

Two Important Test Cases.
The Supreme Court held a half-hour
session yesterday to announce opinions
and receive motions. and then took an
other recess until Monday, the 18th in
slant.
There was decision of the Porto
Rican cases. although a report was cur
rent about the Capitol early in the cay
that it would be handed down.
Senator McComas of Maryland, who has
served as judge of the Supreme Court Of
the District of Columbia; Charles G.
Bennett, of New York, Secretary of tie
Senate, and Representative Faris OF In
diana were admitted to practice
Half dozen cases were disposed of,
only two of which were of general inter-
est. They involved construction OF the
statute under which the United States
makes itself responsible fer damages to
or loss of property. perpetrated by any
band. tribe, or nation of Indians with
which it is at amity. One OF these cases,
said Justice Brown, stating the decision
of the court. was shocking story, one of
the most melancholy of Indian tragedies.
1t had its origin in the Sioux war OF 1876,
which led to the removal in May. 1877. of
sSI OF the Northern Cheyennes from the
Red Cloud reservation, Nebraska. to Fort
Reno. Indian Territory. They comprised
the bands of Dull Knife Little Wolf, Wild
Hog. and Old Grow. They lived there a
year in misery, sickness and bitterness,
pleading to be sent back North where
their children could live. and in 1877 their
prayers being ignored, 800 broke away
from the reservation under Dull Knife and
Little Wolf They were pursued by troops
tn ha midi off m
bring them back without resort to force
If h could do so. They were overtaken
120 miles from Reno ard a parley ensued.
Little Wolf who was described by Capt.
John g. Bourke. the famous Indian fighter.
as ''one of the bravest in fights where all
were brave" said to the officer in COM
mand: we do not want to fight you, but
we will not go back"
ThereupOn, instantly. without further
parley. the troops were ordered to fire
upon the Indians and did sos That vol
ley" said the Court of Claims. in dis
posing of the claim of Milton c. Con-
ners, for $4,000 worth of property and
stock DESTROYED aud stolen In the hostil
tiles that followed, was ore of the many
mistakes. military and civil, which have
been the fatality OF our Indian administra-
ton, for the officer who ordered 1t lieu
tenant Colonel Leads. afterward Killed IN
war and turned hostile savages loose up
on the unprotected homes of the from
tier
The campaign against the Indians was
pursued with unrelenting yigor by the
United States troops, the result being the
destruction Of the 800 escaping IhJians
amid untold suffering, with the exception
OF seven, who, wounded. were sent back
TO Fort Reno. in September, 1879. a year
after their escape.
The claim Of Corners was dismissed on
the ground that the bands OF Dull Knife
and Little Wolf, although members OF tha
Cheyennes. with whom as u nation the
United States was in amity, we're actually
Independent of tribal control forming
bands within the meaning of the stat
ute.
The other case was similar in The main
the most important difference being the
identity of the parties. Here it vas Vic
torias band of the Mescalero Apactes
that committed certain atrocities in New
Mexico. Victoria was Chiri anita
Apache. but his followers were Mtsca-
leros. who escaped from their reservation
in April, 1879
They numbered 200 in April. 1880. when
they carried of 81, 800 worth of live stock
belonging to f. Montoya & Sons. Of San
Antonio. New Mexico. Victoria and his
band were practically wiped out of ex-
istence in a battle with General BueIl's
force in Mexico, October l, 1850.
Montoya sued the United States and the
Mescalero Indians Cor the value of his
property. but the Court of Claims dis
missed his bill. for the reason that the
marauding Indians were band strong
enough to ignore tribal control
Reviewing the cases. Justice Brown said |
the judgments of the Court of Claims must |
be affirmed. While the United States was
made a party to these claims. if any were /
established by judgment, the money ulti- /
mateiy was paid by the Indians, the /
United States reccupiag itself from their |
annuity or other funds in the Treasury. |
To compel the Indian tribe or nation to |
pay for the damages inflicted by a band /
over which it could exercise no control. /
ofrentimes by the act Of the Government !
of the United States itself would be add
ing insult to injury
These were test cases and upon the
decision in them directly depended the
issues in $50 claims filed for damages in
hicted by Victorias band, and seventy
five by Dull Knife's and Little VOLTS
bands. Between $50 and 500 other claims
for depredations will probably be controll-
ed by the decision