Sac and Fox Indians v. Sac and Fox Indians, 220 U.S. 481 (1911)

Sac and Fox Indians of the Mississippi in Iowa

v. Sac and Fox Indians of the Mississippi in Oklahoma
No. 614

Argued December 14, 15, 1910
Decided April 24, 1911
220 U.S. 481

APPEAL FROM THE COURT OF CLAIMS

Syllabus

The provision in the Act of August 30, 1852, c. 103, § 3, 10 Stat. 41, 56, forbidding payment of Indian annuities to any attorney or agent and requiring the same to be paid to the Indians or to the tribe did not give any vested rights to the Indians, but was a direction to agents of the United States.

In the Indian treaties under consideration in this case, the government dealt with the tribes, and not with individuals, and the treaties gave rights only to the tribes, and not to the members.

Under the Act of Mar. 1, 1907, c. 2290, 34 Stat. 1055, authorizing this suit, the action is analogous to one at law to recover money paid under mistake of law or fact, rather than one in equity, and this Court follows the rule not to go behind the findings of the Court of Claims. United States v. Old Settlers, 148 U.S. 427, distinguished.

45 Ct.Cl. 287, affirmed.

The facts, which involve the determination of the status of Sac and Fox Indians under certain treaties and statutes, are stated in the opinion.