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Choctaw Nation Vs. Oklahoma

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  • US Supreme Court
  • Apr 27, 1970

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72 entries 10 linked 62 unlinked
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  1. Fleming Vs. Mccurtain US Supreme Court · Nov 08, 1909
  2. Fletcher Vs. Peck US Supreme Court · Jan 01, 1810
  3. Choate Vs. Trapp US Supreme Court · May 13, 1912
  4. Worcester Vs. Georgia US Supreme Court · Jan 01, 1832
  5. Packer Vs. Bird US Supreme Court · Jan 01, 1891
  6. Shively Vs. Bowlby US Supreme Court · Mar 05, 1894
  7. Cherokee Nation Vs. Georgia US Supreme Court · Jan 01, 1831
  8. Barney Vs. Keokuk US Supreme Court · Jan 01, 1876
  9. United States Vs. Winans US Supreme Court · May 16, 1905
  10. Goodtitle Vs. Kibbe US Supreme Court · Jan 01, 1850
  11. U.S. 620 (1970) U.S. Supreme Court Choctaw Nation v. Oklahoma
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  12. U.S. 620 (1970) Choctaw Nation v. Oklahoma
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  13. has often held that treaties with the Indians must be interpreted as they would have understood them, see, e.g., Jones v. Meehan
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  14. and any doubtful expressions in them should be resolved in the Indians' favor. See Alaska Pacific Fisheries v. United
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  15. branches -- but it also conflicts with this Court's interpretation of the term in Brewer-Elliott Oil & Gas Co. v. United
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  16. States can dispose of lands underlying navigable waters just as it can dispose of other public lands. See Shively v. Bowlby
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  17. is whether the United States intended to convey title to the river bed to petitioners. See Alaska Pacific Fisheries v. United
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  18. Moore v. United
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  19. Donnelly v. United
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  20. United States v. Holt
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  21. However, nothing in the Holt State Bank case or in the policy underlying its rule of construction ( see Shively v. Bowlby
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  22. however, the Indians were promised virtually complete sovereignty over their new lands. See Atlantic Pacific R. Co. v. Mingus
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  23. Together with No. 59, Cherokee Nation or Tribe of Indians in Oklahoma v. Oklahoma
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  24. See Johnson v. McIntosh
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  25. on behalf of the Cherokees remaining in Georgia included two cases that were brought to this court, Cherokee Nation v. Georgia
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  26. Pet. 1 (1831), and Worcester v. Georgia
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  27. See Marlin v. Lewallen
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  28. and, when it did so, the boundary was set as the middle of the main channel. See Arkansas v. Mississippi
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  29. Nations, which had long been considered sovereign entities. In fact, this Court recognized the analogy in Barney v. Keokuk
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  30. a grant bounded by the Mississippi River, when it quoted with apparent approval the following language from Haight v. City
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  31. by these tribes as not the usual aboriginal Indian title of use and occupancy, but a fee simple, cf. United States v. Creek
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  32. or abandoned the territory -- conditions not yet occurring. The reliance by the Court of Appeals on United States v. Holt
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  33. position in these cases and maintaining it vigorously on oral argument. It concedes, as it must in light of Shively v. Bowlby
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  34. was created to negotiate an agreement with these tribes superseding the earlier treaties, all as related in Choate v. Trapp
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  35. that repeatedly in our history have sought to exploit them. The idea was perhaps best stated in United States v. Winans
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  36. The detail of the removal of the Cherokees from their ancestral lands are related in Western Cherokee Indians v. United
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  37. the role of lessor of the river bed, although several cases have involved such leases by the State. See, e.g., Lynch v. Clements
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  38. States of land located on a navigable river carry no interest in the river bed under federal law. Railroad Co. v. Schurmeir
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  39. U. S. 661 , 137 U. S. 672 (1891), is to like effect. Shively v. Bowlby
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  40. had an interest in the river bed by reason of his federal grant. It was held that he did not. In 1845, Pollard v. Hagan
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  41. of the beds prior to statehood. This implication was repudiated by statements in such later cases as Goodtitle v. Kibbe
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  42. How. 471, 50 U. S. 478 (1850), and Shively v. Bowlby
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  43. interests in navigable river beds prior to statehood was deemed an open question in Brewer-Elliott Oil & Gas Co. v. United
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  44. provision of a home for an Indian tribe came within one of these permitted purposes. Three years later, United States v. Holt
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  45. The ownership of lands under navigable waters was deemed an incident of sovereignty, Martin v. Waddell
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  46. to convey such lands lying in its unorganized territories, Congress never undertook to do so by general laws. Shively v. Bowlby
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  47. the Choctaws' land was on the south side. I find unimpressive the Court's reliance on Brewer-Elliott Oil & Gas Co. v. United
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  48. Railroad Co. v. Schurmeier
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  49. evidence is insufficient to prove an intent on the part of the Government to convey the river bed. Cf. United States v. Holt
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  50. it created no rights, legal or equitable, in individuals. Cf. Fleming v. McCurtain
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