Benjamin N. Cardozo

“ Power to control and manage the property and affairs of Indians in good faith for their betterment and welfare may be exerted in many ways and at times even in derogation of the provisions of a treaty. ”

“ In numberless other ways their equality of right and privilege became a postulate of daily life. At length, in August, 1891, the flame of controversy blazed forth anew. The 'Woodruff Commission' had been sent to the reservation to treat with the Indians for a cession of a portion of their lands. The Shoshones took the ground that the Arapahoes should not be suffered to take part in the council and vote upon the projects. The Commission telegraphed the Commissioner of Indians Affairs, asking for instructions. ”

“ The Shoshones might protest, as they did, that in setting their hands to the agreement, they did not assent to the violation of treaty stipulations. They might reserve as much as they pleased claims, present and past, for the recovery of damages. Whatever their provisos, the outstanding fact remained that for good or for ill the Arapahoes were to dwell upon the soil along with them. ”

“ In the event of a failure to sue or to prosecute the suit to a decree, rights and liabilities will remain as they were before any act was passed. The sovereign power is not exercised to extinguish titles or other interests against the will of tribal occupants by force of eminent domain. ”

“ The Arapahoes held their ground, pushing the Shoshones farther to the west, and retaining for themselves the eastern section of the reservation, found by the Court of Claims to be the most eligible portion. At all times the population of each of the two tribes has been approximately equal. ”

“ The power does not extend so far as to enable the government 'to give the tribal lands to others, or to appropriate them to its own purposes, without rendering, or assuming an obligation to render, just compensation ”

“ The famished Arapahoes and their horses had been fed and cared for, but they did not move away. Instead of moving away, they came in increasing numbers. As early as April 8, 1878, nearly the whole tribe was on the scene. Washakie protested to the agent. The agent at frequent intervals communicated the protests to the Commissioner. There was nothing in return but silence. Months lengthened into years, and the signs accumulated steadily that the Arapahoes were there to stay. Schools were established for their benefit to the end that their youth might be adequately trained. ”

“ The bill so proposed was passed, but was vetoed by the President, chiefly for the reason that it made provision for the payment of interest at 5 per cent. per annum on the value of any property appropriated in violation of the treaty or wrongfully disposed of. ”