The Glacier reporter. [volume] (Browning, Mont.) 1953-current, 1953-11-27

Ss~sNo OoAA "a
held in Washington, D. c., last
week, a claim by the Blackfeet
and Gros Ventre Indian tribes,
involving several million dollars,
was given final hearing.
Leo Kennerly, chairman of the
Blackfeet Tribal Council, repre-
sented the Montana Indians, and
the case was presented by Err
nest L. Wilkinson, legal adviser
for the tribes in Washington.
The claim is an outgrowth of
a former claim for payment of
lands acquired by the govern.
ment under an old treaty, in
which the Indians brought suit
for unpaid monetary payments.
That action resulted in verdict
for the Indians, the allowance
OF the sum of six million dollars
to the Indians. However, after de.
Quoting sums previously granted
the Indians for services, suppl.
es, buildings, equipment, ETC., an
actual cash payment of less than
a half million dollars was made
by the government.
The current suit is for the re.
covery of adjusted compensation
on the old claim.
Following is a report of the pro-
ceedings, as submitted by the
Washington attorneys and Mr..
Kennerly:
The argument in the case of
the Blackfeet and Gros Ventre
tribes of Indians, residing upon
the Blackfeet and Fort Belknap
reservations in the State of Mon
tana, VS.. The United States in the
Court of Claims, was argued to
the court on Friday, November
6, 1858, by John w. Cragun, Esq,
one of the partners of Ernest l..
Wilkinson, the claims attorney.
AS the tribe has previously
been informed, the petition filed
by the Blackfeet and Gros Ven
tire with the Indian Claims Com
mission, included several causes
of action. Only one of those caus-
es of action was before the Court
of Claims on this appeal from
the Indian Claims Commission.
That one claim concerns the fail
ure of the Court of Claims to
allow damages for delay in max
ing compensation for the lands
taken from the Blackfeet and
Gros Ventre as a result of the
Act of April IS, 1874, opening the
largest part of the lands which
the "Blackfoot Nation" had been
acknowledged to have under the
Treaty of 1855, to settlement by
nor-Indians. Compensation was
given for the lands pursuant to
the judgment of the Court of
Claims in 1885; but it was limit
ed to the value of the lands at
the time of the taking in 1874.
The tribe had been damaged by
failure to make compensation for
the lands contemporary ously
with the taking; and it is by now
a we'll established doctrine of
constitutional law that a taking
of lands for public use without
just compensation requires that,
when compensation is made las
the Constitution demands) DAM
ages for delay in making the pay
ment shall be included.
While in two or three cases
prior to the time of the 1885 judg-
ment obtained by the Blackeet
and Gros Ventre tribes, interest
by way of damages for delay had
been allowed, up to that time
none had been allowed in any
case involving other than fee
simple" title in the Indians. The
title recognized by the Treaty of
1855 was the more ordinary ten
ure of the Indians - use and
occupancy" not the fee simple"
of the whites.
The Indian Claims Commission,
as previously reported, dismissed
this one claim Qeaving the 9TH
ers intact and refusing to dismiss
them) as a result of the motion
of the government for a summary
judgment. 1t did this on the
ground that the Blackfeet and
Gros Ventre tribes have already
had their day in Court on what
they are to be paid as a result
of this taking; and it is against
the rules of law to permit Sec
ond suit for the same thing.
AS the tribe is aware, the case
has been briefed heretofore; and
when it came on for argument
on Friday, Nov. 6, the Court ap.
peared to be fully aware of the
matters and principles involved.
Set for the same day lit followed
the argument in this case) was
the similar appeal of the Assini-
boine, who likewise had their Pc
tition dismissed as to this cause