U.S. Court of Appeals for the D.C. Circuit, 1943

Osage Tribe of Indians v. Ickes

U.S. Court of Appeals for the D.C. Circuit · Decided January 11, 1943 · Edgerton, Groner, Rutledge

133 F.2d 47; 77 U.S. App. D.C. 114; 1943 U.S. App. LEXIS 4229 (Federal Reporter, Second Series)

Counsel

Messrs. Thos. P. Gore and Leslie C. Garnett, both of Washington, D.C., for appellants., Messrs. Roy St. Lewis, of Washington, D. C., and Chas. R. Gray, pro hac vice, of Pawhuska, Old., by special leave of court, with whom Mr. Peter Q. Nyce, of Washington, D.C., was on the brief, for appellee Fraley., Mr. Roger P. Marquis, Attorney, Department of Justice, of Washington, D.C., with whom Norman M. Littell, Assistant Attorney General, and Mr. Vernon L. Wilkinson, Attorney, Department of Justice, of Washington, D. C., were on the brief, for appellee Ickes.

Cases that cite this one

15 later published cases cite this decision.

Krebs v. Ashbrook (District Court, District of Columbia 1967)
Copeland v. Secretary of State (District Court, S.D. New York 1964)
Two Guys From Harrison-Allentown, Inc. v. Paul A. McGinley District Attorney, County of Lehigh, Pennsylvania (3d Cir. 1959)
Shinaberry v. United States (District Court, W.D. Michigan 1956)
Clackamas County v. Mckay (D.C. Cir. 1955)
O'ROURKE v. Waterfront Commission (District Court, S.D. New York 1954)
Clackamas County, Ore. v. McKay (D.C. Cir. 1954)
Harvey v. Early (4th Cir. 1947)
First Nat. Bank v. Ickes (District Court, District of Columbia 1945)
Terk v. Ruch (United States District Court for the District of Colorado 1987)
Sellers v. Regents of University of California (9th Cir. 1970)
Sellers v. Regents of University (9th Cir. 1970)
Linehan v. Waterfront Commission of New York Harbor (District Court, S.D. New York 1953)
Linehan v. Waterfront Commission (District Court, S.D. New York 1953)
Priceman v. Dewey (District Court, E.D. New York 1949)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The Osage Tribe of Indians and its Principal Chief brought this suit to enjoin the Secretary of the Interior from paying to Osage County, Oklahoma, $1,-535.70 out of royalties received from Osage Indian mineral leases. The complaint alleged that the Act of Congress 1 authorizing the Secretary of the Interior to pay one per centum (1%) of oil and gas royalties for the construction of roads and bridges in Osage County, in accordance with which the sum in question was to be paid, was unconstitutional. A three judge court was constituted under the Act of August 24, 1937.2 After full argument on the whole case, the court held that the United States was an indispensable party and therefore remitted the case to one of its members as Judge of the District Court for appropriate action. The case was dismissed on a previously filed motion of the Secretary and the appeal from the order of dismissal followed.

We think that the decision of the statutory court was in all respects correct, and on its opinion (Osage Tribe v. Ickes, D. C., 45 F.Supp. 179), we affirm the order of the District Court dismissing the suit.

Affirmed.

Act of March 3, 1921, 41 Stat. 1249.

50 Stat. 752, 28 U.S.C.A. § 380a.

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