Court : US Supreme Court
..... or at camp supply by anyone acting under the authority of the united states, and the claimant obtained no hides of cattle furnished to the indians at either of those posts during the period of time covered by the said contracts. the number of cattle supplied to the indians from the date of said contracts to june 30, 1870, was, ..... foot, and this was done. none was slaughtered by any person acting under the authority of the united states, but they were all given out from time to time to the indians, by whom they were killed. consequently, no hides could be delivered under the contracts. there was no obligation on the part of the united states to ..... fact, the number actually delivered was very much less. neither party could determine how many would be reserved by the commissioner for the use of the indians. therefore, necessarily, when the contract was made, the number specified could not have been understood to be a guaranteed number. if that number or its approximation was not guaranteed, none .....
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..... either have instructed the jury, or left to them to determine, that under the contracts between the logging company and bassett & co. respectively, on the one hand, and the indians, on the other, as those contracts had been construed and acted upon by all parties in interest, including the united states, these companies respectively ..... and supervised such cutting, assented to their construction of the contract, is no excuse for a material departure from the terms of a contract, which had been approved by the commissioner of indian affairs, acting under the authority and regulations of the president. with the contracts before them, the agents of the government had but one ..... to dispose of them. they also pleaded a misjoinder and nonliability for the acts of the other defendants. the answer of the logging company admitted in substance that under and by virtue of the three contracts between itself and the indians, it had received into its possession, converted into lumber, and ultimately sold .....
Tag this Judgment!Court : US Supreme Court
..... , relate to expenditures of treaty and trust funds administered by the government for the indians. the provisions in the indian appropriation acts of 1895, 1896, 1897, 1898 and 1899 limiting and forbidding contracts for education of indians in sectarian schools relate only to appropriations of public moneys raised by general taxation from ..... amount so used for the fiscal year 1895, the same to be divided proportionately among the said several contract schools, this being the final appropriation for sectarian schools." "the several indian annual appropriation acts since 1899, to-wit, beginning with 1900 to the present time, contain under the head of 'support ..... the different denominational schools referred to were aided by the government without any formal contract." "in 1870, an act of congress was passed appropriating one hundred thousand dollars ($100,000) for the support of indian schools among indian tribes not otherwise provided for, i.e., among tribes not having treaty stipulations .....
Tag this Judgment!Court : US Supreme Court
..... ordinarily construed, but will be construed liberally under the rule that all contracts with indians are so construed. the tax exemption provisions of the patents to indian allottees under the curtis act attached to the land for the limited period of the exemption. indians are not excepted from the protection guaranteed by the federal constitution, but ..... in consideration of the arrangement previously made, one of which this act of assembly is stated to be, the indians executed their deed of cession. this is certainly a contract clothed in forms of unusual solemnity. the privilege, though for the benefit of the indians, is annexed by the terms which create it to the land ..... that the power of wardship conferred authority on congress to lessen any of the rights of property which had been vested in the individual indian by prior laws or contracts. such rights are protected from repeal by the provisions of the fifth amendment. the constitution of the state of oklahoma itself expressly recognizes .....
Tag this Judgment!Court : US Supreme Court
..... case was held void as being ultra vires. all the arguments of the court are based on the proposition that the corporation can do no valid act unauthorized by statute, and can make no contract in contravention of public page 118 u. s. 313 policy, and while it says: "we do not decide that railroad companies cannot become lessors ..... fairly inferred that the legislature knew that the road was operated under the lease in that case, it was not important for the purpose of that act to decide whether this was done under a lawful contract or not. . . . the legislature was determined that whoever did run the road, and exercise the franchises conferred on the company, and under ..... , nor, though it may be in operation, does it give sanction to or create such a law. the following section of the act of february 23, 1853, of the indiana legislature is relied on as authorizing this contract: "sec. 3. any railroad company heretofore organized, or page 118 u. s. 312 which may hereafter be organized, under the .....
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..... we think the generalized availability of tribal services patently insufficient to sustain the tribe's civil authority over nonmembers on non-indian fee land. the consensual relationship must stem from "commercial dealing, contracts, leases, or other arrangements," montana, 450 u. s., at 565, and a nonmember's actual or potential receipt ..... and filed a brief for respondents. beth s. brinkmann argued the cause for the united states as amicus curiae urging affirmance. on the brief were acting solicitor general underwood, acting assistant 647 attorney general cruden, deputy solicitor general kneedler, edward c. dumont, e. ann peterson, and william b. lazarus. * chief justice ..... l contractors, o. t. 1996, no. 95-1872. 656 respondents and their principal amicus, the united states, also argue that petitioner consented to the tax by becoming an "indian trader." congress has authorized the commissioner of indian affairs "to appoint traders to the indian tribes and to make such rules and regulations as .....
Tag this Judgment!Court : US Supreme Court
..... law ( e.g. , statutes or contracts). united states v. testan , 424 u. s. 392 , 400 (1976); united states v. mitchell , 445 ..... congress or any regulation of an executive department, or upon any express or implied contract with the united states, or for liquidated or unliquidated damages in cases not sounding in tort. 1491(a)(1). neither the tucker act nor the indian tucker act creates substantive rights; they are simply jurisdictional provisions that operate to waive sovereign immunity for claims premised on other sources of .....
Tag this Judgment!Court : US Supreme Court
..... the present managers of complainant's business, the probable continuance of business ability, enterprise, and skill in the future management of complainant's business, the contract and other relations of complainant to powerful page 163 u. s. 9 railroad, telephone, and cable companies; a consideration of the real estate of ..... fast freight, joint stock associations, companies, copartnerships and corporations transacting business in the state of indiana, repealing sections 68, 69, 70 and 71 of said act, and all laws in conflict therewith, and declaring an emergency." "sec 1. any joint stock association, company, copartnership or corporation, whether incorporated under the ..... was otherwise than as so found and determined." 154 u.s. 154 u. s. 434 -435. judgment affirmed. * "an act supplementary to and amendatory of an act entitled 'an act concerning taxation, repealing all laws in conflict therewith, and declaring an emergency,' approved march 6, 1891, and providing for the taxation of .....
Tag this Judgment!Court : US Supreme Court
..... indiana agency responsible for securities matters has no enforcement responsibility with regard to this legislation), it nonetheless refutes the proposition that congress meant the williams act to displace all state laws with conflicting purpose. and if any are to survive, surely the states' corporation codes are among them. it ..... is little evidence that this will occur. but even if true, this result would not substantially affect our commerce clause analysis. we reiterate that this act does not prohibit any entity -- resident or nonresident -- from offering to purchase, or from purchasing, shares in indiana corporations, or from attempting thereby ..... in promoting stable relationships among parties involved in its corporations, and in ensuring that investors have an effective voice in corporate affairs. the indiana act validly furthers these interests by allowing shareholders collectively to determine whether the takeover is advantageous to them. the argument that indiana has no legitimate .....
Tag this Judgment!Court : US Supreme Court
..... management," id., at 225, n. 29. but, until now, the court has never held the united states liable for money damages under the tucker act or indian tucker act based on notions of factual control that have no foundation in the actual text of the relevant statutes. respondent argues that mitchell ii raised control to talismanic ..... mitchell, 445 u. s. 535 (1980) (mitchell i), and united states v. mitchell, 463 u. s. 206 (1983) (mitchell ii). mitchell i held that the indian general allotment act (allotment act), 24 stat. 388, as amended, 25 u. s. c. 331 et seq. (1976 ed.) ( 331-333 repealed 2000), providing that "the united states does and will ..... , this case is properly ranked with mitchell ii. mitchell i and mitchell ii, as navajo explains, instruct that "[t]o state a claim cognizable under the indian tucker act ... , a tribe must identify a substantive source of law that establishes specific fiduciary or other duties, and allege that the government has failed faithfully to perform those .....
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