The Shoshone Tribe brought this suit to recover the value of part of its reservation taken by the United States by putting upon it without the tribe's consent, a band of Arapahoe Indians. The Court of Claims found the taking to have been in August, 1891, ascertained value as of that date, on that basis fixed the amount of compensation, and gave judgment accordingly. We held, 299 U.S. 476, 57 S.Ct. 244, 81 L.Ed. 360, that the court erred as to the date of the taking, declared it to have been March 19, 1878, reversed the judgment and remanded the case for further proceedings. Then the lower court proceeded to determine the value of the tribe's right at the time of the taking, and the amount to be added to produce the present worth of the money equivalent of the property, paid contemporaneously with the taking. It heard evidence, made additional findings, and gave plaintiff judgment for $4,408,444.23, with interest from its date until paid. This Court granted writ of certiorari. U.S. v. Shoshone Tribe of Indians, 303 U.S. 629, 58 S.Ct. 609, 82 L.Ed. --.
The sole question for decision is whether, as the United States contends, the Court of Claims erred in holding that the right of the tribe included the timber and mineral resources within the reservation.
The findings show: The United States, by the treaty of July 2, 1863, 18 Stat. 685, set apart for the Shoshone Tribe a reservation of 44,672,000 acres located in Colorado, Utah, Idaho, and Wyoming. By the treaty of July 3, 1868, 15 Stat. 673, the tribe ceded that reservation to the United States. And by it the United States agreed that the 'district of country' 3,054,182 acres definitely described 'shall be and the same is set apart for the absolute and undisturbed use and occupation of the Shoshone Indians * * *, and the United States now solemnly agrees that no persons,' with exceptions not important here, 'shall ever be permitted to pass over, settle upon, or reside in' that territory. The Indians agreed that they would make the reservation their permanent home. The treaty provided that any individual member of the tribe having specified qualifications, might select a tract within the reservation which should then cease to be held in common, and be occupied and held in the exclusive possession of the person selecting it, and of his family, while he or they continued to cultivate it. It declared: 'Congress shall provide for protecting the rights of the Indian settlers * * * and may fix the character of the title held by each. The United States may pass such laws on the subject of alienation and descent of property as between Indians, and on all subjects connected with the government of the Indians on said reservations, and the internal police thereof, as may be thought proper.'
The treaty emphasized the importance of education; the United States agreed to provide a school house and teacher for every thirty children, and the tribe promised to send the children to school. The United States also agreed to provide instruction by a farmer for members cultivating the soil, clothing for members of the tribe, and a physician, carpenter, miller, engineer, and blacksmith. It stipulated that no treaty for the cession of any portion of the reservation held in common should be valid as against the Indians, unless signed by at least a majority of all interested male adults; and that no cession by the tribe should be construed to deprive any member of his right to any tract of land selected by him.
When the treaty of 1868 was made, the tribe consisted of full-blood blanket Indians, unable to read, write, or speak English. Upon consummation of the treaty, the tribe went, and has since remained, upon the reservation. It was known to contain valuable mineral deposits-gold, oil, coal, and gypsum. It included more than 400,000 acres of timber, extensive well-grassed bench lands and fertile river valleys conveniently irrigable. It was well protected by mountain ranges and a divide, and was the choicest and best-watered portion of Wyoming.
In 1904 the Shoshones and Arapahoes ceded to the United States 1,480,000 acres to be held by it in trust for the sale of such timber lands, timber, and other products, and for the making of leases for various purposes. The net proceeds were to be credited to the Indians. From 1907 to 1919 there were allotted to members of the tribes 245,058 acres.