43 U.S.C. § 868 — Representation of Indian claimants in suits to determine right to school lands
submitted 125 years ago by ch. 808 to r/title-43-PUBLIC-LANDS · 129 words · no verdicts yet
This section lets the Supreme Court decide a State’s claim to school lands within an Indian reservation or cession without naming the tribe as a party, if the Secretary of the Interior is a party.
In a Supreme Court suit deciding whether a State has rights to what are commonly called school lands within an Indian reservation or an Indian cession, an Indian tribe may claim rights or interests in the disputed land or in its disposition by the United States. The State’s rights may nevertheless be fully tested and decided without making the tribe, or any part of it, a party, as long as the Secretary of the Interior is made a party. At the Secretary’s request, the Attorney General must represent and defend the tribe’s right or interest in the matter.
In any suit instituted in the Supreme Court of the United States to determine the right of a State to what are commonly known as school lands within any Indian Reservation or any Indian cession where an Indian tribe claims any right to or interest in the lands in controversy, or in the disposition thereof by the United States, the right of such State may be fully tested and determined without making the Indian tribe, or any portion thereof, a party to the suit if the Secretary of the Interior is made a party thereto; and the duty of representing and defending the right or interest of the Indian tribe, or any portion thereof, in the matter shall devolve upon the Attorney General upon the request of such Secretary.
Source credit: (Mar. 2, 1901, ch. 808, 31 Stat. 950.)
- 1901Enacted · Act of Mar. 2, 1901, ch. 808 · 31 Stat. 950
A history note hasn’t been published yet. The record shows enactment by ch. 808 on 1901-03-02.
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