Turner v. United States & Creek Nation of Indians

Citations

• 54 Ct. Cl. 188
• 51 Ct. Cl. 125

Syllabus

<p>While recognized by the v,. -ted States as a distinct political community, the Creek Nation leased a pasture, the lessees undertaking to fence and pay rent. When nearly completed, the fence was destroyed by the action of a Creek mob, participated in by the Creek treasurer; and thereafter one of the lessees, assignee of the rest, sued the Creek Nation for the cost of the fence and of the assignments, and for the loss of the benefits of the lease: Held, That there was no cause of action; for a sovereignty, on general principles, is not liable for injuries resulting from mob violence or failure to keep the peace; and neither the wrong of the treasurer nor any duty under the lease created such liability here.</p> <p>The special act of May 29, 1908, chapter 216, 85 Statutes, 444, 457, authorized suit in the Court of Claims against the Creek Nation for the adjudication of this claim, but it did not validate the claim itself or permit that the United States be joined as a defendant.</p>