Oliver Wendell Holmes, Jr.

“ The Act of March 3, 1891, c. 538, § 1, 26 Stat. 851, gave jurisdiction to the Court of Claims over all claims for property of citizens taken or destroyed by Indians belonging to any band, tribe, or nation in amity with the United States. See Rev. Stat. § 2156 (Comp. St. § 4159) . Act of June 30, 1834, c. 161, § 17, 4 Stat. 729, 731. The appellant's intestate filed his claim but on June 13, 1898, the Court of Claims held that the Blackhawk band of Utes was not in amity with the United States and dismissed the petition. ”

“ The claimant contends that the amendment had two purposes-not merely to give inhabitants the same rights as citizens, but also to admit claims for damage done by hostile bands from a tribe that maintained its amity, subject to a proviso that suit had been brought upon them theretofore in the Court of Claims. ”