Overview
Case summary
The claimant sought a judgment based on an allowance made by the Secretary of the Interior against the Arapahoe and Kiowa tribes for depredations. The defendants moved to dismiss, arguing the Secretary lacked authority to charge the Arapahoes. The Court of Claims held that the Secretary's allowance is not a binding judicial finding and that, under the Act of 1885, an allowance must be supported by an express treaty obligation. Because no treaty bound the Arapahoes to pay for such losses, the award was invalid as to them. Since the award could not be segregated, the court allowed the defendants' motion to dismiss the claimant's election not to reopen.
Abstract
The claimant sought judgment based on an allowance by the Secretary of the Interior against certain tribes for depredations. The court held the allowance was not a binding judicial finding and required an express treaty obligation under relevant law, which did not exist for the Arapahoe tribe, rendering the award invalid. The entire award could not be segregated, leading to dismissal of the claim.
Procedural posture
- Whether the Secretary of the Interior's allowance is binding and not subject to collateral attack
- Whether the Secretary had authority to make an allowance against the Arapahoe Indians
- Whether the Act of 1834 provides a basis for the award
Legal categories
Case record
Issues & holdings
de novo
The allowance is not a judicial finding; it is only a basis for judgment upon consent, provided it was made within the Secretary's legal authority.
Issue preserved for review
de novo
No treaty binds the Arapahoes to pay for depredations, and the Act of 1885 requires a treaty-based obligation.
Issue preserved for review
Holdings of the court
Timeline
No timeline recorded.
Facts & evidence
Key facts
5 facts- Claimant sought judgment for $984.15 based on an allowance made by the Secretary of the Interior on November 24, 1886.
- Claimant filed an election not to reopen the case.
- Defendants moved to dismiss the election.
- Defendants conceded the Secretary had power to make an allowance against the Kiowas under the 1853 treaty, but denied such power existed as to the Arapahoes.
- The Arapahoes were not parties to the 1853 treaty.