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United States v. Shoshone Tribe of Indians
Seal of the United States Supreme Court.svg
Argued March 31 – April 1, 1938
Decided April 25, 1938
Full case name United States v. Shoshone Tribe of Indians
Citations 304 U.S. 111 (more)
58 S. Ct. 794; 82 L. Ed. 1213; 1938 U.S. LEXIS 1085
Holding
"By the Treaty of 1868 the Shoshone Tribe had acquired the mineral and timber rights of the reservation."
Court membership
Case opinions
Majority Butler, joined by Hughes, McReynolds, Brandeis, Roberts, Black
Dissent Reed
Stone and Cardozo took no part in the consideration or decision of the case.

United States v. Shoshone Tribe of Indians of the Wind River Reservation in Wyoming was an important case decided by the Supreme Court of the United States in 1938. The main question was who owned the valuable minerals and timber on the Shoshone Tribe's land. The Court decided that these rights belonged to the Shoshone Tribe, not the United States government.

What Was This Case About?

In 1863, the United States set aside a large area of land for the Shoshone Tribe of Indians. This land was located in parts of what are now Colorado, Utah, Idaho, and Wyoming.

Later, in 1868, the Shoshone Tribe agreed to give some of this land back to the United States. In return, the U.S. government promised that about 3 million acres would be set aside for the "absolute and undisturbed use and occupation" of the Shoshone Indians. The government also agreed that no one else would be allowed to live on or pass through this land. The Shoshone Tribe then made this area their permanent home.

At the time, the Shoshone Tribe members were full-blood Indians who could not read, write, or speak English. The reservation had many valuable natural resources. These included deposits of gold, oil, coal, and gypsum. There were also over 400,000 acres of timber.

In 1904, the Shoshones and Arapahos agreed to give about 1.5 million acres to the U.S. government. This land was to be held "in trust," meaning the government would manage it. The plan was to sell timber and timber lands, and to make leases for other uses. Any money earned from these sales would go to the Native Americans.

Later, a dispute arose about who truly owned the mineral and timber rights on the reservation. The government believed these rights belonged to them. However, the Shoshone Tribe argued that the 1868 Treaty meant they owned these valuable resources. A lower court agreed with the tribe. The government then appealed this decision to the Supreme Court. They wanted the Supreme Court to say that the tribe only had the right to use the land, not to own its minerals or timber.

The Supreme Court's Decision

Justice Pierce Butler wrote the Supreme Court's decision. The case was argued in March and April of 1938, and the decision was announced on April 25, 1938.

The Supreme Court agreed with the lower court. It ruled that the Shoshone Tribe had indeed gained the mineral and timber rights of the reservation through the 1868 Treaty. The Court explained that minerals and standing timber are part of the land itself. For all practical purposes, the Tribe owned the land.

The Court also noted that the language of the Treaty did not suggest the U.S. government intended to keep any interest in the minerals or timber for itself. Because of this, the Supreme Court concluded that the lower court was correct. The Shoshone Tribe's rights included the timber and minerals found within their reservation.

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