United States v. Martinez (195 U.S. 469)

This action was brought in the court of claims on October 24, 1891, to recover damages against the United States and the Utetribe of Indians, in the sum of $1,400, the value of certain sheep alleged to have been taken and destroyed or used in June, 1873, by the said Indians. The petition was filed under the provisions of the act of March 3, 1891, entitled "An act to Provide for the Adjudication and Payment of Claims Arising from Indian Depredations." 26 Stat. at L. 851, chap. 538 U.S.C.omp. Stat. 1901, p. 758. On February 5, 1902, the Assistant Attorney General of the United States answered the allegations of the petition by a general denial. On November 4, 1902, the claimant filed a motion for leave to file an amended petition, charging the depredation to have been committed by the Kiowa Indians, which motion was allowed, and upon the same day the amended petition was filed. On November 5, 1902, the Assistant Attorney General, appearing on behalf of the United States and the Kiowa Indians, filed a plea to the amended petition, setting up that no action had been commenced against the Kiowa Indians within three years after the passage of the act of March 3, 1891. On November 11, 1902, this plea in bar was overruled, and, upon the general issue being pleaded and trial had, the court found as a matter of fact: At the time of the depredation the claimant's decedent was a citizen of the United States. In June, 1873, in Mora county, New Mexico, Indians belonging to the Kiowa tribe took and drove away property of the kind and character described in the petition, the property of claimant's decedent, which was reasonably worth the sum of $690. At the time of said depredation defendant Indians were in amity with the United States.

As a conclusion of law, the majority of the court decided that the claimant recover a judgment against the United States and the Kiowa Indians, in the sum of $690.

The defendants appealed to this court.

Mr. Lincoln B. Smith, by special leave, and Assistant Attorney General Thompson for appellants.

[Argument of Counsel from page 470 intentionally omitted]

Mr. William H. Robeson for appellee.

[Argument of Counsel from page 471 intentionally omitted]

Mr. Justice Day delivered the opinion of the court: