Ward v. Race Horse

This appeal was taken from an order of the court below, rendered in a habeas corpus proceeding, discharging the appellee from custody. 70 F. 598. The petition for the writ based the right to the relief which it prayed, and which the court below granted, on the ground that the detention complained of was in violation of the Constitution and laws of the United States and in disregard of a right arising from and guarantied by a treaty made by the United States with the Bannock Indians. Because of these grounds, the jurisdiction below existed, and the right to review here obtains. Rev.Stat. § 753; Act March 3, 1891, 36 Stat. 826. The record shows the following material facts: the appellee, the plaintiff below, was a member of the Bannock tribe of Indians, retaining his tribal relations and residing with it in the Fort Hall Indian reservation. This reservation was created by the United States in compliance with a treaty entered into between the United States and the Eastern band of Shoshonees and the Bannock tribe of Indians which took effect February 24, 1869, 15 Stat. 673. Article 2 of this treaty, besides setting apart a reservation for the use of the Shoshonees, provided: "It is agreed that whenever the Bannocks desire a reservation to be set apart for their use, or whenever the President of the United States shall deem it advisable for them to be put upon a reservation, he shall cause a suitable one to be selected for them in their present country, which shall embrace reasonable portions of the 'Port Neuf' and 'Kansas Prairie' countries."