Creek Nation v. United States

Background

The Creek and Seminole nations sued the United States after private railroads took and used parts of tribal land. Under the 1866 treaties and later federal laws, railroads received rights of way and were to pay the tribes or pay the Interior Department an annual charge of fifteen dollars per mile. The tribes say railroads kept extra station lands, received rents and profits, and failed to pay the mileage charge, and they asked the government to recover those sums for them.

Reasoning

The Court considered whether the treaties or the Acts of 1902 and 1906 made the United States responsible to reimburse the tribes when railroads failed to pay or wrongfully held land. The Court held the treaty promise of “quiet possession” did not mean the United States promised monetary compensation for railroad encroachments. It also held that the 1902 provision directing payments to the Secretary and the 1906 clauses put the Secretary’s office in charge of collection but did not make the United States an insurer required to guarantee payment. The word “authorized” in the 1906 Act was read as giving the Secretary discretion to sue, not a mandatory duty. The Supreme Court therefore affirmed the dismissal of the tribes’ claims against the United States.

Real world impact

The ruling leaves the tribes without a federal guarantee that the government will force railroads to pay for alleged takings or unpaid mileage. It confirms the Interior Secretary had broad discretion about collecting revenues and bringing suits. The tribes retain the independent right to sue railroads directly for trespass or unpaid charges, rather than relying on automatic government indemnification.

Dissents or concurrances

Justice Murphy dissented, urging that the United States acts as a trustee to dependent tribes and that the statutes imposed a duty on the Secretary to collect mileage charges and sue on the tribes’ behalf.