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UNITED STATES V. ANDREWS, 179 U. S. 96 (1900)

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U.S. Supreme Court

United States v. Andrews, 179 U.S. 96 (1900)

United States v. Andrews

No. 423

Submitted October 15, 1900

Decided November 5, 1900

179 U.S. 96

Syllabus

By the treaty with the Kiowa and Comanche Indians of August, 1868, the Indians agreed not to attack any persons at home or traveling, and not to molest any persons at home or traveling, or molest any wagon trains, coaches, mules or cattle belonging to the people of the United States, or persons friendly therewith, and the United States agreed that no persons except those authorized by the treaty to do so, and officers, etc., of the government should be permitted to pass over the Indian Territory described in the treaty. In 1877, Andrews passed over the territory with a large number of cattle, traveling over the Chishom trail, the same being an established trail en route from Texas to a market in Kansas. He being convicted on trial for a violation of the treaty, appeal was taken to this Court.

Held:

(1) That the finding of the. court below was equivalent to a finding that the trail was a lawfully established trail permitted by the laws of the United States.

(2) That, as the plaintiff was lawfully within the territory, he was not a trespasser at the time his property was taken.

The case is stated in the opinion.





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