OCR Text |
Show -7- circumstances and the well known purpose of the Government toward the Indians, taken together with the language of the treaty, especially the clause thereof fixing the thread of the stream of Milk River as the boundary line, implied an understanding between the parties of a reservation of the right for the Indians to a reasonable use of the water of Milk River, the only source available for the necessary irrigation of certain portions of the land which they retained. The conclusion reached was made possible only by a liberal application of the wholesome rule that in construing treaties with the Indians, grants by them should be regarded strictissimi juris, and all uncertainties and ambiguities be resolved in their favor. Have we here an analogous case? With commendable industry counsel for defendants have collected in their brief references to all Treaties, Acts and Proclamations affecting the Fort Hall Reservation, but only two provisions appear to be of controlling importance. These are to be found in Articles 6 and 11 of the Fort Bridget Treaty (July 3, 1868, ratified February 16, 1869; 15 Stat. 673) and Articles III and VIII of the Treaty of February 5, 1898 (ratified June 8, 1900; 31 Stat. 672). By the latter treaty a large portion of the reservation, including the lands now owned by the defendant, was, for a consideration of $600,000.00, ceded to the United States. Under certain conditions and subject to certain regulations, individual members of the tribe were authorized by the Fort Bridger Treaty to select and occupy and improve tracts of tribal land, to the exclusion of all other members of the tribe, and without their consent such occupants could not, by treaty or otherwise, be |
Source |
Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : California exhibits. |