Court of Claims, 1939

Choctaw & Chickasaw Nations v. United States

Court of Claims · Decided January 9, 1939

88 Ct. Cl. 271; 1939 U.S. Ct. Cl. LEXIS 261; 1939 WL 4300

Counsel

Messrs. Grady Lewis and. Melven Cornish for the plaintiff. Mr. William S. Fuller was on the briefs., Mr. Wilfred Hearn, with whom was Mr. Assistant Attorney General Ca/rl McFarland, for the defendant. Mr. George T. Stormont was on the briefs.

Cases that cite this one

2 later published cases cite this decision.

Sioux Tribe of Indians v. United States (Court of Claims 1946)
Chickasaw Nation v. United States (Court of Claims 1951)

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

*283CONCLUSIONS

Upon the foregoing special findings of fact, the court, in accordance with Section 151, of the Judidal Code, concluded as follows:

1. The plaintiffs have no legal or equitable rights and there has been no taking by the defendant of any lands of the plaintiffs for which the defendant has not paid a valid consideration. United States v. Choctaw Nation et El., 179 U. S. 494, 496.

2. There is no claim made against the defendant but solely a request for a gift, grant, or bounty. Whether a gift, grant, or bounty should be made is within the sound discretion of the Congress and, being political and not judicial, this court will not express an opinion thereon. TVidmayer v. United States, 42 C. Cls. 519, 524; Sampson v. United States, 42 C. Cls. 378, 385.

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