Choctaw Nation v. United States, 318 U.S. 423 (1943)

Choctaw Nation of Indians v. United States

No. 80

Argued December 7, 8, 1942
Decided March 8, 1943
318 U.S. 423

CERTIORARI TO THE COURT OF CLAIMS

Syllabus

1. In construing Indian treaties, their plain terms may not be disregarded in order to remedy a claimed injustice or to arrive at what is asserted to be the understanding of the parties. P. 432.

2. Under the agreement of 1902 between the United States and the Chickasaw and Choctaw Nations, which superseded the Treaty of 1866 and supplemented the Atoka agreement of 1897, allotments of common tribal lands to Choctaw freedmen were to be made without deduction from the Choctaw Nation’s proportionate interest in the common lands remaining, and the Chickasaw Nation is not entitled to compensation in respect of such allotments. P. 433.

95 Ct.Cls.192 reversed.

Certiorari, 317 U.S. 607, to review a judgment against the Choctaw Nation in a suit brought by the Chickasaw Nation against the United States under a special jurisdictional Act in which suit the Choctaw Nation was impleaded as a defendant on motion of the United States.