Finally, they challenge the inclusion of the Absentee Delawares and the Cherokee Delawares in the distribution of the award, it again being argued that such inclusion discriminates against the Kansas Delawares and deprives them of property without just compensation.[20]. Other motions to dismiss and for summary judgment were denied and we certified the action as against the remaining defendants to proceed as a class action by plaintiff class, the Kansas Delawares, against, inter alia, defendant classes, the Delaware Tribe of Indians (the Cherokee Delawares) and the Absentee Delaware Tribe of Western Oklahoma (the Absentee Delawares). 5 and 6, Docket No. "Q. 762, 25 U.S.C.A. Plaintiffs disagree, arguing that the statute did not have the effect of severing the minors' membership in the Delaware Tribe. Pp. 2 and 4. 20. 72 and 298 was clearly intended to redress the injury and diminution of proceeds from those sales. 39, 52 (1971). 2 (1972) (Defendants Secretary and Cherokee Delawares' Ex. See, Kentucky Whip and Collar Co. v. Illinois Central Railroad Co., 299 U.S. 334, 57 S. Ct. 277, 81 L. Ed. [42] We realize that as a result of our conclusion in Part III that the classifications made are invalid, and our conclusion in Part V that we must hold 25 U.S.C.A. In previous proceedings the Commission had decided, and the Court of Claims had agreed, that both groups were entitled jointly to represent the entire Delaware Tribe. Ex. Doctors diagnosed preterm premature rupture of the membrane, which usually results in a stillbirth or the baby's death. But the rule is otherwise when the federal government itself, through its agents acting as such, participates in the wrongful search and seizure.". 14267, H.R.Rep. The function of Congress is to decide the composition of the injured tribe at the time of the wrong. The names of 21 adults and 49 minors appear on such registry (Pl. It is true that the three offenses with which we are concerned are crimes against property, committed in a single course of conduct. 782 (1955). 258 (1971)[37]. ), cert. Moreover, we note that both Cherokee and Absentee Delawares could show entitlement for § 1292 purposes if the name of their "lineal ancestor" was on the described rolls a showing that again would involve tracing Delaware lineage subsequent to and outside the described rolls. [Footnote 2]. The change was made after the Cherokee Delawares and Absentee Delawares objected to the distribution provisions in the bills originally introduced. 64 (Letter from A. H. McKisick, Wichita Agent, to Elias Rector, Supt. §§ 1291-7 pertained to the sale of Delaware lands in Kansas. We have also noted Buchanan v. Patterson, 190 U.S. 353, 23 S. Ct. 764, 47 L. Ed. Crosby, Jr. of Picayune, Mississippi. We cannot agree, concluding that the argument will not withstand analysis of the statutes and factual circumstances, or the constitutional protections against discriminatory classifications made clear by the Supreme Court. ), cert. [24] It is convenient to address plaintiffs' just compensation claim in Part V of this opinion dealing with equitable jurisdiction and remedies. 1389, Oct. [Order, Nov. 1, 1974]. 72 and 298, 21 Ind. Section 1292 contains no "catchall" provision similar to 25 U.S. C.A. Snoqualmie Tribe of Indians v. United States, 372 F.2d 951 at page 957, 178 Ct.Cl. 337, but were denied participation by the Bureau of Indian Affairs at the area level. The Secret Service Agent was not present when this took place, but he arrived later, examined the evidence, and was present when petitioner and his companion arrived and were arrested and searched by city police, who turned the articles evidencing counterfeiting of currency over to the Secret Service Agent. In 25 U.S.C.A. It appears that some 1500 Munsees ultimately applied to participate in the award in Docket No. ", "A. 1219; see also United States v. Tillamooks, 329 U.S. 40, 54, 67 S. Ct. 167, 91 L. Ed. United States v. Fleming, D.C.App., 215 A.2d 839 (1966). For example, members of the Absentee Delaware subclass can show entitlement to participate by proof of Delaware lineage, independent of any roll, through proof that an ancestor was "eligible" to be on the constructed base census roll as of 1940, although not listed. While we have no question of statutory interpretation before us making germane the legislative history and intent in the usual context, we nevertheless feel these legislative materials are relevant in connection with defendants' claim that the Congress was aware that the classification would exclude some Indians who could ethnologically claim to be Delawares. §§ 1181-86 and deny all other relief sought in connection with the award in Docket No. 72 and 298 redressing the 1854 wrong. §§ 1181-86 and 1291-97) involved in this case through the assistance of the Administrative Office of the United States Courts and the congressional staffs. § 101.4 applies in circumstances where an Indian holds equal rights in two or more tribes and prevents sharing in payments made to two tribes. 910, 914 (W.D. The distribution scheme finally enacted followed the scheme for Docket No. 337, 25 U.S.C.A. In the memorandum filed by the Governor approving the Act which repealed the Mullan-Gage Law, he declared that all peace officers, thus including state troopers, are officers, to aid in the enforcement of the federal law "with as much force and as much vigor as including state troopers, are required," and that the repeal of the Mullan-Gage Law should make no difference in their action, except that thereafter the peace officers must take the offender to the federal court for prosecution.
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