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DeCOTEAU v. DISTRICT COUNTY COURT

No. 73-1148.

420 U.S. 425 (1975)

95 S.Ct. 1082

43 L.Ed.2d 300

DECOTEAU, NATURAL MOTHER AND NEXT FRIEND OF FEATHER ET AL. v. DISTRICT COUNTY COURT FOR THE TENTH JUDICIAL DISTRICT.

Supreme Court of United States.

Decided March 3, 1975.

Attorney(s) appearing for the Case

Bertram E. Hirsch argued the cause for petitioner in No. 73-1148. With him on the briefs was Arthur Lazarus, Jr. William F. Day, Jr., Special Assistant Attorney General of South Dakota, argued the cause for petitioner in No. 73-1500 and respondent in No. 73-1148. On the briefs were Kermit A. Sande, Attorney General, Walter W. Andre, Assistant Attorney General, and Tom D. Tobin, Special Assistant Attorney General. Larry R. Gustafson argued the cause and filed a brief for respondents in No. 73-1500.

Harry R. Sachse argued the cause for the United States as amicus curiae urging affirmance in No. 73-1500. With him on the brief were Solicitor General Bork, Assistant Attorney General Johnson, Louis F. Claiborne, and Edmund B. Clark.†

MR. JUSTICE STEWART delivered the opinion of the Court.

These two cases, consolidated for decision, raise the single question whether the Lake Traverse Indian Reservation in South Dakota, created by an 1867 treaty between the United States and the Sisseton and Wahpeton bands of Sioux Indians, was terminated and returned to the public domain, by the Act of March 3, 1891, c. 543, 26 Stat. 1035. In each of the two cases, the...

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