Central Utah Project Litigation Documents

Page 78

35 I fid. Cl. Comm. »>5/ *»(.»/ 6. That the Western Shoshone identifiable group exclu­sively used and occupied the lands described in Find in;; of Fact No. 23; that the Indian title to such of the lands of the western Shoshone group as arc located in the present State of California was extinguished en March 3, 1S53; and that as to the remainder of the lands of the Western Shoshone, Indian title was extinguished by the gradual enciva •••: : '--j^^y whites, settlers :\;-\d others, and the acquisition-, di.^^ft-ti. on or taking of said lands by the United States lor its own use and benefit, or the use end benefit of its . citizens. [ll Ind. Cl. Comm. 387, 446 (1962). ] This brief summary of the process of adjudication of the quantity of land involved and of the extinguishment of aboriginal title demonstrates that, contrary to the petitioners' assertions of collusion, these issues were tried and determined by the Commission after hearing and considering the evidence of both parties thereon. However, the determination of the date for valuation of plaintiff's Nevada land was concluded in a different way. The Commission's determination that the extinguishment of the plaintiff's aboriginal title to these lands was gradual (not a sudden extinguishment) was the basis of its holding in Finding 26 that it might not then set the date of acquisition of these lands by the United States. The Commission found that the United States, without payment of compen­sation, acquired, controlled, or treated these lands of the Western Shoshones r as public lands from a date or dates long prior to the title proceeding, such date or dates to be thereafter determined upon further proof, unless the plaintiff and defendant agreed upon a date. The requirement that further-proof be taken unless the parties agreed upon the date or dates when the defendant acquired, controlled, or treated the plaintiff's land.-*- as .-.-L Li-lends war: contained in Finding 26 of the Co:::^ir:sion title decision isruo.-V on October 16, 1962.