# United States v. Ahtanum Irrigation District

> Court of Appeals for the Ninth Circuit · July 10, 1956 · 236 F.2d 321

URL: https://www.frixlaw.com/law-library/cases/9445267

## Case

- **Full name:** UNITED STATES of America, Appellant, v. AHTANUM IRRIGATION DISTRICT Et Al., Appellees
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** July 10, 1956
- **Citations:** 236 F.2d 321; 1956 U.S. App. LEXIS 2780
- **Precedential status:** Published
- **Opinion:** Concurrence by Chambers
- **Judges:** Pope, Lemmon, Chambers
- **Cited by:** 83 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9445267

## How later opinions describe it (automated extraction)

- holding that agreement between Secretary of the Interior on behalf of the Indians and white settlers, “as other agreements relating to Indian rights, is to be construed most strongly in favor of the Indians”
- explaining that “[e]stoppel does not run against 15 the United States when it acts as trustee for an Indian tribe

## Opinion text

CHAMBERS, Circuit Judge
(concurring) .
I concur. I do think that there may be unintended overtones in what Judge POPE says about the Interior Department, Assistant Secretary of the Interior Pierce and Chief Engineer Code which are a little harsh as to their conduct in 1908. I assume that the two men have departed from this vale and 48 years later they cannot defend themselves. Even though they may have known of the Winters decision, those who have a duty to act today may make mistakes which, in the course of future events, may indicate bad judgment.
If the 1908 agreement today works a great injustice, I think that it is for the Congress to correct the unfairness if such there be by developing other ii'-rigable land for the Indians involved. Therefore, I think it is right that we should uphold the agreement of 1908.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9445267. Public record. Not legal advice.