Klamath Moadoc Tribes v. United States’s Empirical Analysis

Citation profile

30 federal appellate · 9 district · 4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 110 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This claim is plainly not, within the meaning of § 1, for an amount due under treaty, agreement or law of Congress or for misappropriation of funds of the Indians. Plaintiffs maintain that it is covered by the clause: “for the failure of the United States to pay said Indians any money or other property due.” There is here involved no question as to the adequacy of that language to cover any of the claims referred to in plaintiffs’ application to the Congress; we are considering whether it extends to this claim assuming that prior to the enactment it had been effectively released. If the release stands, no money or property is due plaintiffs, for the settlement and release wiped out the claim. If the Act is sufficient to give jurisdiction of this claim, then it permits plaintiffs to bring into, the Court of Claims for determination de novo all claims, whether released or not, that they ever had against the United States, excepting only those already there determined. It goes without saying that, if Congress intended to grant so sweeping and unique a privilege, it would have made that purpose unmistakably plain. * # * * * * * * the jurisdictional Act does not extend to the claim in suit and the Court of claims rightly dismissed the case.”

   1 later decision quote this exact passage · from the majority
   e.g. Klamath & Moadoc Tribes v. United States

2. “Plaintiffs turn for support to the provision of section 2 which prevents “payment * * * upon any claim” from being pleaded as an estoppel but permits it to be asserted as- an offset. And they insist that, if this clause does not relate to payments made and accepted as being in full, it means nothing. But that contention is based on a misunderstanding of the language used. Payment upon a claim means payment on account or in part as distinguished from one made' and accepted as payment in full. The quoted provision made no grant of jurisdiction; it was inserted merely to eliminate defenses. Neither it nor any other part of section 2 may be held to add claims to those covered by the language of section 1. As jurisdiction will not be extended beyond the terms of the Act by any implication or other resort to construction, no force can be given to plaintiffs’ suggestion that intention to include claims already settled and released is shown by the clause in section 2 allowing defendant credit for money it expended for plaintiffs.”

   1 later decision quote this exact passage · from the majority
   e.g. Sioux Tribe of Indians v. United States

3. ““The act grants a special privilege to plaintiffs and is to be strictly construed and may not by implication be extended to cases not plainly within its terms.””

   1 later decision quote this exact passage · from the majority
   e.g. Aycrigg v. United States