Labadi v. United States

Citations

• 31 Ct. Cl. 205
• 1896 U.S. Ct. Cl. LEXIS 108
• 1800 WL 1945

Syllabus

<p>This case resembles Mares (29 C. Cls. R., 197). It is an allowed case where the defendants do not elect to reopen, hut move to dismiss the claimant’s election not to reopen. The ground of the motion is. that the Secretary was without authority to allow the claim.</p> <p>I. The treaty with the Cheyenne Indians, 6th July, 1825 (7 Stat. L., p. 255), does not provide for compensation to parties suffering from Indian depredations, hut merely that the party guilty shall he given up to the United States and the chiefs exert themselves to recover the stolen property.</p> <p>II. There heing no undertaking on the part of the defendant Indians to pay for property taken or destroyed hy members of their tribe, there was no authority in the Secretary of the Interior to allow the claim, and the claimant has no election.</p>