Harlan F. Stone

“ But we think it plain that that act only gave authority to the Court of Claims to hear and determine claims 'for the amount due or claimed to be due said bands from the United States under any treaties or laws of Congress.' It does not purport to alter or enlarge any rights conferred on petitioners by the treaties or laws of the United States or authorize any recovery except in accordance with the legal principles applicable in determining those rights under laws and treaties of the United States. ”

“ The second claim stands upon a somewhat different footing, but here also are wanting findings of fact essential to support the claim. The Act of March 3, 1863, directed the President to set aside for the Sisseton and Wahpeton Bands lands sufficient in extent to enable them to assign to each member of the band 'who is willing to adopt the pursuit of agriculture, eighty acres of agricultural land,' but there is no finding showing how many, or that any of the Indians were willing to follow the pursuit of agriculture after the adoption of the Act of March 3. ”

“ Such reservations were set apart, which became known as the Lake Traverse and Devil's Lake Reservations. On the basis of these findings, appellants contend that under the Act of March 3, 1863, they were entitled to recover the value of an allowance of 80 acres of agriculture land for each member of the bands, aggregating 322,080 acres of land, which, at $1.25 an acre, found by the Court of Claims to be the value at that date, amounts to $402,600. ”