United States v. Dann et al. (470 U.S. 39)
U.S. Supreme Court · decided February 20, 1985 · Supreme Court Database (Spaeth)
- Citation
- 470 U.S. 39 · 105 S. Ct. 1058
- Decided
- February 20, 1985
- Term
- October Term 1984
- Vote
- 9–0
- Majority author
- Justice Brennan
- Issue area
- Civil Rights
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Brennan delivered the opinion of the Court. The question presented in this case is whether the appropriation of funds into a Treasury account pursuant to 31 U. S. C. §724a (1976 ed., Supp. V) constitutes “payment” under § 22(a) of the Indian Claims Commission Act, 60 Stat. 1055, 25 U. S. C. § 70u(a) (1976 ed.). r-H This case is an episode in a longstanding conflict between the United States and the Shoshone Tribe over title to lands in the western United States. In 1951 certain members of the Shoshone Tribe sought compensation for the loss of aboriginal title to lands located in California, Colorado, Idaho, Nevada, Utah, and Wyoming. Eleven years later, the Indian Claims Commission entered an interlocutory order holding that the aboriginal title of the Western Shoshone had been extinguished in the latter part of the 19th century, Shoshone Tribe v. United States, 11 Ind. Cl. Comm’n 387, 416 (1962), and later awarded the Western Shoshone in excess of $26 million in compensation. Western Shoshone Identifiable Group v. United States, 40 Ind. Cl. Comm’n 318 (1977). The Court of Claims affirmed this award. Temoak Band of Western Shoshone Indians v. United States, 219 Ct. Cl. 346, 593 F. 2d 994 (1979). On December 6, 1979, the Clerk of the Court of Claims certified the Commission’s award to the General Accounting Office. Pursuant to 31 U. S: C. §724a (1976 ed., Supp. V),…
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