Opinion of the Court.

German Savings Bank v. Franklin County, 128 U. S. 526, 539; Wade v. Travis County, 174 U. S. 499, 510.

It should be here said that the doctrine of prior cases was not in anywise changed or impaired by the decision in Central Land Company v. Laidley, 159 U. S. 103, 111, in which it was held that, under the statute giving this court authority to review the judgment of the highest court of the State, we were without jurisdiction if the action of that court was impeached simply on the ground that it had not determined the rights of the plaintiff in error in accordance with its decisions in force when those rights accrued, but had followed its decisions of a contrary character rendered after his rights had accrued. This court held that a mere change of decision in the state court did not present a question of Federal right under that clause of the Constitution of the United States prohibiting a State from passing any law impairing the obligation of contracts that the question of such impairment did not arise unless the judgment complained of gave effect to some provision of the state constitution or some enactment claimed by the defeated party to impair the obligation of the particular contract in question. As, however, the Circuit Courts of the United States are courts of "an independent jurisdiction in the administration of state laws, coördinate with and not subordinate to that of the state courts, and are bound to exercise their own judgment as to the meaning and effect of those laws," Burgess v. Seligman, 107 U. S. 20, 33, 34; Folsom v. Ninety-six, 159 U. S. 611, 624, 625, they may, in suits within their jurisdiction, properly hold, as in numerous cases this court has held, that the rights of parties arising under contracts not involving questions of a Federal nature are to be determined in accordance with the settled principles of local law as maintained by the highest court of the State at the time such rights accrued. The statutory provision that the laws of the several States, except where the Constitution, treaties or statutes of the United States otherwise require or provide, shall be regarded as rules of decision in trials at common law, in courts of the United States, in cases where they apply, Rev. Stat. § 721, has not been construed as absolutely requiring conformity, in such cases, to decisions of the

Syllabus.

state courts rendered after the rights of parties have accrued under the previous decisions of those courts of a contrary char

acter.

It results that the Circuit Court did not err in overruling the point raised under the demurrer at the hearing below, to the effect that the state enactment was invalid under the constitution of the State.

The judgment is reversed and the cause remanded with directions for further proceedings consistent with law and this opinion.

Reversed.

UNITED STATES v. CHOCTAW NATION AND CHICKASAW NATION.

WICHITA AND AFFILIATED BANDS OF INDIANS v. CHOCTAW NATION, CHICKASAW NATION AND UNITED STATES.

CHOCTAW NATION AND CHICKASAW NATION v. UNITED STATES AND WICHITA AND AFFILIATED BANDS OF INDIANS.

APPEALS FROM THE COURT OF CLAIMS.

Nos. 88, 89, 90. Argued March 7, 8, 9, 1900.-Decided December 10, 1900.

On the 4th day of June, 1891, the United States and the Wichita and Affiliated Bands of Indians entered into an agreement whereby the Indians ceded to the United States a tract of land which is described in the opinion of the court in this case, and the United States agreed in consideration thereof that out of the territory so ceded there should be allotted to each member of the Wichita and Affiliated Bands of Indians in the Indian Territory, native and adopted, one hundred and sixty acres of land in the manner and form described in the agreement. This agreement was ratified by the Indian Appropriations Act of March 2, 1895, which further conferred jurisdiction upon the Court of Claims, to hear and determine the claim of the Choctaws and the Chickasaws to a right, title

Counsel for Parties.

and interest in the lands so ceded, and to render judgment thereon, with a right of appeal to this court. Pursuant to that act this suit was brought. The Court of Claims, after reciting that the lands in dispute were acquired by the United States "in trust for the settlement of Indians thereon, and in trust and for the benefit of said claimant Indians when the aforesaid trust shall cease;" that "the Wichita and Affiliated Bands of Indians were by the United States located within the boundaries of the lands herein before described;" that they "now number not more than one thousand and sixty persons;" and that the location of the Wichitas and Affiliated Bands within said boundaries was "for the purpose of affording them permanent settlement therein," adjudged that the lands in dispute had been acquired and were held by the United States in trust for the purpose of settling Indians thereon, and that whenever that purpose was abandoned as to the whole or any part thereof then all the lands not so devoted to Indian settlement should be held in trust by the United States for the Choctaw and Chickasaw Indians exclusively. It was also adjudged that the members of the Wichita and Affiliated Bands, not exceeding one thousand and sixty, were equitably entitled to one hundred and sixty acres of land each out of the lands in dispute and that the same should be set apart to them by the United States, due regard being had to any improvements made thereon by them respectively for their permanent settlement. It was further adjudged that the Choctaw and Chickasaw Nations were in law and equity entitled to and were the owners of such of the lands ceded to the United States by the Wichita and Affiliated Bands as remained, after satisfying the provisions for the Wichitas and Affiliated Bands, and that in the event of the sale thereof by the United States, the Indian plaintiffs should be entitled to and receive the proceeds of such sale. This judgment being brought here on appeal, this court, in its opinion, carefully reviewed all the legislation, and all the Indian treaties on the subject, and, as a result, Held, that for the reasons given the decree must be reversed with directions to dismiss the petition of the Choctaw and Chickasaw Nations, and to make a decree in behalf of the Wichita and Affiliated Bands of Indians fixing the amount of compensation to be made to them on account of such lands in the Wichita Reservation as are not needed in order to meet the requirements of the act of Congress of March 2, 1895, c. 188, and for such further proceedings as may be consistent with law and with this opinion.

THE case is stated in the opinion of the court.

Mr. George T. Barnes and Mr. Jeremiah M. Wilson for the Choctaw Nation.

Mr. Philip Walker and Mr. Andrew A. Lipscomb for the Wichita and Affiliated Bands of Indians. Mr. Josiah M. Vale and Mr. William C. Shelley were on their brief.

Opinion of the Court.

Mr. Attorney General and Mr. Charles C. Binney for the United States.

Mr. Halbert E. Paine for the Chickasaw Nation. Mr. Robert L. Owen filed a brief on behalf of the Choctaw Nation.

MR. JUSTICE HARLAN delivered the opinion of the court.

On the 4th day of June, 1891, an agreement was entered into between commissioners on behalf of the United States and the Wichita and Affiliated Bands of Indians, in the Indian Territory, whereby those Indians did "cede, convey, transfer, relinquish, forever and absolutely, without any reservation whatever," to the United States "all their claim, title and interest of every kind and character" to the land embraced in the following boundary: "Commencing at a point in the middle of the main channel of the Washita [Wichita] River where the 98th meridian of west longitude crosses the same, thence up the middle of the main channel of said river to the line of 98° 40' west longitude, thence on said line of 98° 40' due north to the middle of the channel of the main Canadian River, thence down the middle of the channel of said main Canadian River to where it crosses the 98th meridian, thence due south to the place of beginning." 28 Stat. 876, 895, c. 188.

In consideration of that cession, it was agreed on behalf of the United States that out of the territory ceded there should be allotted to each member of the Wichita and Affiliated Bands of Indians in the Indian Territory, native and adopted, one hundred and sixty acres of land in the manner and form described in the agreement. It was provided that upon the allotments being made the titles should be held in trust for the allottees for a period of twenty-five years, in the manner and to the extent provided for in the act of Congress of February 8, 1887, 24 Stat. 388, 389, c. 119; and at the expiration of that period the titles should be conveyed in fee simple to the allottees, or their heirs, free from all incumbrances. 28 Stat. 876, 895, 896, c. 188.

This agreement recited that in addition to the allotments pro

Opinion of the Court.

vided for, and the other benefits to be received, the Wichita and Affiliated Bands of Indians claimed and insisted "that further compensation, in money, should be made to them by the United States, for their possessory right in and to the lands above described in excess of so much thereof as may be required for their said allotments." And it was stipulated in the agreement that "the question as to what sum of money, if any, shall be paid to said Indians for such surplus lands shall be submitted to the Congress of the United States, the decision of Congress thereon to be final and binding upon said Indians; provided, if any sum of money shall be allowed by Congress for surplus lands it shall be subject to a reduction for each allotment of land that may be taken in excess of one thousand and sixty at that price per acre, if any, that may be allowed by Congress." Art. 5.

It was further stipulated in the agreement that "there shall be reserved to said Indians the right to prefer against the United States any and every claim that they may believe they have the right to prefer, save and except any claim to the tract of country described in the first article of this agreement." 28 Stat. 876, 896, c. 188.

This agreement of 1891 was ratified by the act of Congress known as the Indian Appropriation Act of March 2, 1895. 28 Stat. 876, 894, 897, c. 188.

By that act it was among other things provided:

"The compensation to be allowed in full for all Indian claims to these lands which may be sustained by said court in the scrip hereinafter provided for shall not exceed one dollar and twentyfive cents per acre for so much of said land as will not be required for allotment to the Indians as provided in the foregoing agreement, subject to such reduction as may be found necessary under Article 5 of said agreement: Provided, That no part of said sum shall be paid except as hereinafter provided."

"That whenever any of the lands acquired by this agreement shall, by operation of law or proclamation of the President of the United States, be open to settlement, they shall be disposed of under the general provisions of the homestead and town-site laws of the United States: Provided, That in addition to the VOL. CLXXIX-32