Chippewa Indians v. United States, 305 U.S. 479 (1939)

Chippewa Indians v. United States

No. 244

Argued December 9, 12, 1938
Decided January 3, 1939
305 U.S. 479

APPEAL FROM THE COURT OF CLAIMS

Syllabus

1. The Act of May 23, 1908, which created a national forest of lands then held by the Government in trust for the Chippewa Tribe of Indians and provided for payments of compensation to the Indians including the value of timber to be appraised, was a complete taking at the time the Act became effective, and the value of such timber is determined as of the date of the Act, rather than as of the time of the making and approval of the appraisal, many years later. P. 480.

2. The legislation conferring on the Court of Claims jurisdiction to adjudicate all legal and equitable claims of the Chippewa Indians of Minnesota arising under or growing out of the Act of January 14, 1889, or arising under or growing out of any subsequent Act of Congress in relation to Indian affairs did not include a claim on account of land alleged to have been excluded from Indian reservations through erroneous public surveys in 1872-1885 and to have been appropriated and sold by the Government, before the Act of 1889 was passed. P. 483.

The terms of the Act of 1889 were restricted to the Chippewa reservations then existing (1889) in Minnesota. None of the subsequent Acts relating to Indian affairs upon which the Indians rely expanded the provisions of the 1889 Act so as to include Congressional treatment of the transactions made the basis of this claim.

87 Ct.Cls. 1 affirmed.

Appeal from a judgment dismissing two claims against the United States.