Wilson v. Omaha Tribe
Encyclopedia
Wilson v. Omaha Tribe, 442 U.S. 653
(1979), was a case in which the Supreme Court of the United States
held that in a land dispute, 25 U.S.C. § 194 applied only to individuals and not a state, that federal law governed the tribe's right to possession, but that state law was to be used in determining how that applied to the natural movement of a river's boundaries.
and the United States
entered into a treaty that provided for the tribe to have a reservation in Nebraska
, bounded on the east by the center line of the Missouri River
. In 1867, a survey by the Federal General Land Office
established the boundaries. During the intervening years, changes in the river's course occurred. leaving a good deal of land from the survey on the Iowa
side of the river.
Non-Indian farmers had also occupied the land in question over those same year. On April 2, 1975, the tribe dispossessed the farmers with the assistance of the Bureau of Indian Affairs
(BIA) and the State of Iowa, Wilson, and others filed suits to obtain title to the land in Iowa claimed by the tribe.
. The trial court found for the non-Indian defendants, using the state law of Nebraska to determine the issue of the movement of the river, rejecting the position of the United States and the tribe that 25 U.S.C. § 194 controlled the issue.
. The appeals court reversed the judgment of the trial court, holding that 25 U.S.C. § 194 did apply. The court stated that once the tribe made a prima facie
case, the burden fell on both the non-Indian litigants to prove their case and that the trial court improperly put the burden on the tribe. The court further held that Federal common law
governed, not state law as far as the movement of the river was concerned.
The non-Indians appealed and the U.S. Supreme Court granted certiorari
.
delivered the opinion of the court.
Justice White stated that first, 25 U.S.C. § 194 did in fact apply to the case as to the individuals and corporations but not to the State of Iowa, and that the defendants had the burden of proof once the tribe established their prima facie case. He also stated that the Circuit Court was correct that federal law governed, but was in error by arriving at a federal standard that was independent of state law.
issued a concurring opinion, in which he discuss the term "white person" in 25 U.S.C. § 194 as being applied to corporations and any non-Indian. He felt that the opinion should have made should have explicitly stated this.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1979), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that in a land dispute, 25 U.S.C. § 194 applied only to individuals and not a state, that federal law governed the tribe's right to possession, but that state law was to be used in determining how that applied to the natural movement of a river's boundaries.
Background
In 1854, the Omaha TribeOmaha (tribe)
The Omaha are a federally recognized Native American nation which lives on the Omaha Reservation in northeastern Nebraska and western Iowa, United States...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
entered into a treaty that provided for the tribe to have a reservation in Nebraska
Nebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
, bounded on the east by the center line of the Missouri River
Missouri River
The Missouri River flows through the central United States, and is a tributary of the Mississippi River. It is the longest river in North America and drains the third largest area, though only the thirteenth largest by discharge. The Missouri's watershed encompasses most of the American Great...
. In 1867, a survey by the Federal General Land Office
General Land Office
The General Land Office was an independent agency of the United States government responsible for public domain lands in the United States. It was created in 1812 to take over functions previously conducted by the United States Department of the Treasury...
established the boundaries. During the intervening years, changes in the river's course occurred. leaving a good deal of land from the survey on the Iowa
Iowa
Iowa is a state located in the Midwestern United States, an area often referred to as the "American Heartland". It derives its name from the Ioway people, one of the many American Indian tribes that occupied the state at the time of European exploration. Iowa was a part of the French colony of New...
side of the river.
Non-Indian farmers had also occupied the land in question over those same year. On April 2, 1975, the tribe dispossessed the farmers with the assistance of the Bureau of Indian Affairs
Bureau of Indian Affairs
The Bureau of Indian Affairs is an agency of the federal government of the United States within the US Department of the Interior. It is responsible for the administration and management of of land held in trust by the United States for Native Americans in the United States, Native American...
(BIA) and the State of Iowa, Wilson, and others filed suits to obtain title to the land in Iowa claimed by the tribe.
District Court
The multiple lawsuits were consolidated into one action in the U.S. District Court for the Northern District of IowaUnited States District Court for the Northern District of Iowa
The United States District Court for the Northern District of Iowa has jurisdiction over fifty-two of Iowa's ninety-nine counties. It is subject to the Eighth Circuit Court of Appeals The United States District Court for the Northern District of Iowa (in case citations, N.D. Iowa) has jurisdiction...
. The trial court found for the non-Indian defendants, using the state law of Nebraska to determine the issue of the movement of the river, rejecting the position of the United States and the tribe that 25 U.S.C. § 194 controlled the issue.
Circuit Court
The tribe then appealed the trial court's decision to the Eighth Circuit Court of AppealsUnited States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
. The appeals court reversed the judgment of the trial court, holding that 25 U.S.C. § 194 did apply. The court stated that once the tribe made a prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
case, the burden fell on both the non-Indian litigants to prove their case and that the trial court improperly put the burden on the tribe. The court further held that Federal common law
Federal common law
Federal common law is a term of United States law used to describe common law that is developed by the federal courts, instead of by the courts of the various states...
governed, not state law as far as the movement of the river was concerned.
The non-Indians appealed and the U.S. Supreme Court granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
.
Opinion of the Court
Vacated and remanded. Justice Byron WhiteByron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
delivered the opinion of the court.
Justice White stated that first, 25 U.S.C. § 194 did in fact apply to the case as to the individuals and corporations but not to the State of Iowa, and that the defendants had the burden of proof once the tribe established their prima facie case. He also stated that the Circuit Court was correct that federal law governed, but was in error by arriving at a federal standard that was independent of state law.
Concurring Opinion
Justice Harry BlackmunHarry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
issued a concurring opinion, in which he discuss the term "white person" in 25 U.S.C. § 194 as being applied to corporations and any non-Indian. He felt that the opinion should have made should have explicitly stated this.