Leighton v. United States

Syllabus

<p>The party who, under the provisions of § 4 of the act of March 3, 1891, c. 538, 26 Stat. 853, elects to reopen before the Court of Claims a case-under that act heard and determined by the Commissioner of Indian Affairs, ' thereby reopens the whole case, irrespective of the decision by the Commissioner, and assumes the burden of proof.</p> <p>'The jurisdiction conferred upon the Court of Claims by the first jurisdictional clause in the first section of that act is confined to property taken by Indian tribes in amity with the United States; and as it appears in this case that the Indians who committed the injury to the claimant were at the time engaged in hostilities against the United States, the Court of Claims was without jurisdiction to render a judgment against the United States, even though the hostilities were carried on for the special purpose of resisting the opening of a military road.</p> <p>The same result is reached practically if the claim is regarded as within the jurisdiction of- that court under the second jurisdictional clause of the first section of that act.</p> <p>There is nothing in the legislation prior to the act of 1891 which binds the government to the payment of this claim.</p>