United States v. Shoshone Tribe of Indians

Background

The Shoshone Tribe sued the United States to recover the value of part of its reservation that the Government gave to Northern Arapahoe Indians without the Shoshones’ consent. The treaties of 1863 and 1868 set apart a defined reservation for the Shoshones and promised “absolute and undisturbed use and occupation.” The lands included known gold, oil, coal, gypsum, more than 400,000 acres of timber, and fertile valleys. The taking was fixed as March 19, 1878, and the lower court awarded the tribe over $4.4 million after valuing the tribe’s rights.

Reasoning

The central question was whether the tribe’s reservation right included ownership of the timber and mineral resources. The Court read the treaty in light of its purpose and the parties’ relation, construing doubts in favor of the Indians. It explained that minerals and standing timber are constituent parts of the land and that the tribe’s right of perpetual and exclusive occupancy carried the beneficial incidents of ownership. The United States’ retention of legal title did not justify appropriating those resources without paying just compensation. The Court therefore affirmed the lower court’s conclusion that timber and minerals were part of the tribe’s right.

Real world impact

The decision means the Government must account for timber and mineral value when compensating tribes for federal takings of reservation land. It confirms that a tribe’s right of occupancy can include the practical benefits of land ownership, affecting how monetary awards are calculated. Two Justices did not participate, and one Justice dissented.

Dissents or concurrances

Mr. Justice Reed dissented; Justices Stone and Cardozo took no part in the decision.