Conners v. United States

This was also, as in the last case, a claim for live stock taken and destroyed in October, 1878, by certain bands of the Cheyenne and Arapahoe Indians, the suit being against the United States and Dull Knife's and Little Wolf's bands of Northern Cheyennes and the Northern and Southern Cheyennes and Arapahoe Indians. Defendants disclaimed responsibility upon the ground that the depredation was committed by an independent band of Indians, not then in amity with the United States.

The court of claims made a finding of facts, the material article of which is set forth in the margin.

Finding of Facts.

In May, 1877, 937 Northern Cheyennes, men, women, and children, were removed from the Red Cloud reservation at Fort Robinson, in Nebraska, to the Southern Cheyenne and Arapahoe reservation at Fort Reno, in the Indian territory. The Cheyennes went voluntarily, though reluctantly, relying in part upon representations made to them that the southern reservation would be a desirable home, and in part upon what they understood to be assurances that, if dissatisfied with it, they should be brought back. The body of Indians was composed of subdivisions of the Cheyenne tribe known as the bands of Dull Knife, Little Wolf, Wild Hog, and Old Crow. These so-called bands had no autonomy, and had not been recognized either by the government or by the tribe as separate entities. They were natural sogregations of civilized Indians, leading a nomadic life and living in groups in a widely extended habitat. The so-called chiefs were leaders Upon these findings of fact the court decided as a conclusion of law:

The bands of Dull Knife and Little Wolf, at the time when the depredation was committed, were independent bands of Indians, within the intent and meaning of the Indian depredation act, 1891; and the tribe of Northern Cheyennes, the defendants herein, was not responsible for their acts of depredation, and the petition should be dismissed. 33 Ct. Cl. 317.

''Messrs. Wm. H. Robeson and Wm. B. King'' for appellant.

Assistant Attorney General Thompson and Messrs. Kie Oldham and Lincoln B. Smith for appellees.

Mr. Justice Brown delivered the opinion of the court: