Salois v. United States

Indian Depredations, 4800
Decided Court of Claims
Disposition
remanded
in part scope
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Court
Court of Claims
Decided
Judge
Nott, J.
Claimant (1)
Francis Salois
Mr. James A. George
v.
Defendantss (2)
The United States and the Sioux Indians
Mr. Harry Peyton, Mr. Assistant Attorney-General Hoiory

Overview

The court ordered that the claimant have leave to amend his petition by bringing in the Indians who committed the third depredation as parties defendant within thirty days, with proceedings suspended in the interim.

Case summary

Francis Salois brought a claim against the United States and the Sioux Indians for three separate property depredations. The Court of Claims held that it lacked jurisdiction over the first claim because the Sioux tribe was at war with the United States at the time of the incident, rendering the Indian indemnity statutes inapplicable. The second claim was dismissed for insufficient evidence, as the only proof was an unsupported witness account of a moccasin footprint. Regarding the third claim, the court found a variance between the allegation of Sioux depredation and the evidence suggesting Cheyenne involvement, but granted the claimant leave to amend the petition to name the Cheyennes as parties.

Abstract

Claimant brought claims against the United States and Sioux Indians for three property depredations. The court dismissed the first claim for lack of jurisdiction due to the tribe being at war, the second for insufficient evidence based solely on a witness account of a footprint, and found a variance in the third between alleged Sioux involvement and evidence pointing to Cheyennes. The court granted leave to amend the petition to name the correct Indian parties as defendants within thirty days, suspending proceedings in the interim.

Legal categories

Criminal

Case record

Full case name
Francis Salois v. The United States and the Sioux Indians
Docket number
Indian Depredations, 4800
Court
Court of Claims
Decided
Opinion author
Nott, J.
Opinion type
published
Precedential status
precedential
Judges on panel
Nott

Issues & holdings

3
Issues raised
2
dismissed
1
remanded
2
Holdings
Standard of review

de novo

Disposition rationale

The court lacks jurisdiction because the Indian indemnity statutes do not apply when amity has ceased and war has begun.

Standard of review

de novo

Disposition rationale

The evidence was insufficient and unsupported by other proof.

Standard of review

de novo

Disposition rationale

The court allowed the claimant to amend the petition to bring in the correct parties.

Holdings of the court

Liability of tribe at war
A tribe at war with the United States cannot be held responsible for the crimes of individual members.
The purpose of Indian depredation acts is to maintain peace; when amity ceases, the statutory liability ends.
non-binding
Sufficiency of evidence
Unsupported testimony of a moccasin footprint is insufficient to establish that Indians committed a theft.
The evidence was wholly unsupported by circumstantial or positive proof.
non-binding

Timeline

No timeline recorded.

Facts & evidence

Key facts

4 facts
  1. Claimant alleged three separate Indian depredations.
  2. First depredation: 1867 at Bridges Ferry, North Platte, by Sioux Indians; tribe was at war with the US at the time.
  3. Second depredation: 1873, theft of three horses; evidence limited to one witness observing a moccasin footprint.
  4. Third depredation: 1870 near Fort Robinson, Nebraska; alleged as Sioux, but evidence suggested Cheyennes.

Authorities

Cited authorities (3)

29 C. Cls. R., 332
followedprecedent
Liability for individual crimes during war
29 C. Cls. R., 107
followedprecedent
Variance between allegation and proof
31 C. Cls. R., 353
followedprecedent
Amendment of petition to add parties
Index terms17
Summary terms
Legal mechanisms
Legal concepts
Legal actions
Action type
remanded
Context
Claimant granted leave to amend petition to add proper parties for the third depredation claim.
Scope
in part
Action type
dismissed
Context
Court found no jurisdiction for the first claim and insufficient evidence for the second claim.
Scope
in part
Search facets
Parties
Judges
Nott
Courts