On November 8, , President Ulysses S. Grant established, by Executive Order, the Coeur d'Alene Indian Reservation with boundaries identical to those in the agreement. In , the federal government surveyed the boundaries of the Reservation. The government instructed the surveyor to run the northern boundary across Coeur d'Alene Lake, excluding a portion of the lake's northern end from the Reservation.
Surveying a boundary across a navigable waterway "was contrary to the usual practice of meandering a survey line along the mean high water mark. According to the survey, the Reservation encompassed a total area of , In , the Tribe submitted a petition to the federal government requesting confirmation of the Reservation and payment for the lands not reserved to them.
In response, Congress authorized the Secretary of the Interior to negotiate with the Tribe "for the cession of their lands outside the limits of the present Coeur d'Alene reservation. As a result of those negotiations, the Tribe agreed in to cede its aboriginal lands "except the portion of land within the boundaries of their present reservation in the Territory of Idaho, known as the Coeur d'Alene Reservation.
The federal government promised, in exchange, that the Coeur d'Alene Reservation "shall be held forever as Indian land and as homes of the Coeur d'Alene Indians. The agreement specified that it was not binding on either party until ratified by Congress. Meanwhile, the influx of non-Indians continued to encroach on tribal lands, including the associated waterways. The government allowed steamboats to use Coeur d'Alene Lake, but the government treated the portions of the lake lying within the Reservation as Indian country and subjected the steamboats to the Trade and Intercourse Act, which prohibited introduction of liquor into Indian country.
Non-Indians who were discovered making recreational use of the lake and rivers within the reservation boundaries were ejected as trespassers. Consequently, pressure grew to make a portion of the lake and adjacent rivers available to non-Indian use.
On January 25, , the Senate passed a resolution observing that the Reservation is alleged to include "Lake Coeur d'Alene, all the navigable waters of Coeur d'Alene River, and about 20 miles of the navigable part of St. Joseph River, and part of St. Mary's, a navigable tributary of the Saint Joseph," except for about 3. The resolution directed the Secretary of the Interior to "inform the Senate as to the extent of the present area and boundaries of the Coeur d'Alene Indian Reservation," including whether it included the navigable waters named in the resolution, and whether it would be advisable to release lands valuable for mineral entry as well as "any of the navigable waters aforesaid" from the limit of the reservation.
On February 7, , the Commissioner of Indian Affairs responded on behalf of the Secretary of the Interior, reporting to Congress that "the reservation appears to embrace all the navigable waters of Lake Coeur d'Alene, except a very small fragment cut off by the north boundary of the reservation which runs 'in a direct line' from the Coeur d'Alene Mission to the head of Spokane River.
The Commissioner recommended "that changes could be made in the boundaries for the release of some or all of the navigable waters" of the Reservation without detriment to the Indians. The Commissioner anticipated that, if the agreement with the Tribe was ratified, it would not be difficult to negotiate with the Tribe "for the cession of such portions of their reservation as they do not need, including all or a portion of the navigable waters, upon fair and very reasonable terms.
The Commissioner attached to the report a map of the Reservation as established by the Executive Order that showed the lake and rivers in relation to the reservation boundaries and described the reservation as including , Also in , Congress enacted a statute provisionally granting the Idaho and Washington Railroad Company a right of way through the Coeur d'Alene Reservation that extended 75 feet into the lake and required the consent of and payment of compensation to the Tribe to make the right of way effective.
Act of May 30, , ch. During that same year, Congress debated whether to ratify the agreement, but postponed a final decision out of a desire "to acquire" an additional area of the Reservation. The reservation lands of interest included, among other things, "a magnificent sheet of water, the Coeur d'Alene Lake and its chief tributary, to wit, the Coeur d'Alene River.
Congress accordingly initiated steps to obtain, by purchase, "the northern end of [the ] reservation. On March 2, , Congress passed the annual Indian Appropriations Act, which included a provision authorizing the Secretary of the Interior. In negotiations conducted pursuant to this congressional authorization, the government's chief spokesperson, General Simpson, initially told tribal leader Chief Seltice that "the Lake belongs to you as well as to the whites-to all, every one who wants to travel on it.
Chief Seltice objected to "[General Simpson's] idea about the boundary. General Simpson then suggested a revised boundary line that ran east from the Idaho-Washington territorial boundary to the western shore of the lake, ran south along the lake to a point about two-thirds from the northern end of the lake, and then cut directly east across the lake. General Simpson explained that the government would purchase the northern end of the Reservation and leave the Tribe the "St.
Joseph River and the lower part of the lake and all the meadow and agricultural land along the St. Joseph River. That understanding became the basis for a final agreement that was signed on September 9, The Secretary of the Interior reported to the House of Representatives that, under the agreement, the Tribe would sell lands that "embrac[ed] by far the greater portion of the navigable waters of the reservation.
Shortly thereafter, on July 3, , Congress admitted Idaho to the Union. In the Statehood Act, Congress "accepted, ratified, and confirmed" the constitution of Idaho, which had been approved by Idaho voters in November The constitution contained a clause that specifically renounced the State's "right and title to the unappropriated public lands" and lands "owned or held by any Indians or Indian tribes," and it recognized that "said Indian lands shall remain under the absolute jurisdiction and control of the congress of the United States.
Later in that same Session, Congress ratified the and agreements with the Coeur d'Alene Tribe. The United States, acting in its sovereign capacity and as trustee for the Tribe, initiated this action against the State of Idaho seeking to quiet title to the submerged lands within the exterior boundaries of the Tribe's reservation for the benefit of the Tribe and its members.
See Idaho v. Coeur d'Alene Tribe, U. The United States also sought a permanent injunction prohibiting the State from asserting any right, title or other interest to such lands. The Tribe intervened, asserting its interests based on alternative legal theories, which are not at issue in the petition for writ of certiorari. The State of Idaho counterclaimed, requesting that title to the submerged lands be quieted in favor of Idaho.
Based on the historic facts set out above, the district court concluded that the United States had "overcome the strong presumption of State ownership" and demonstrated that the United States retained the submerged lands for the benefit of the Tribe.
In summarizing its conclusions, the court explained that "the trial evidence demonstrates that the Federal Government clearly intended to include the submerged lands within the reservation. The court also found that Congress was "on notice that submerged lands had been included in the reservation" and that Congress's direction to the Secretary of the Interior to negotiate with the Tribe for the release of the submerged lands "reflected Congress's intent to ratify the inclusion of submerged lands within the reservation and to defeat the State's title to those lands.
In light of those facts, the district court concluded that Congress's approval of the Idaho Statehood Act, including the disclaimer clause of the Idaho Constitution, "confirmed that the Federal Government retained title to the submerged lands for the benefit of the Tribe. The court entered an order quieting title to the bed and banks of the Coeur d'Alene Lake and the St. The district court permanently enjoined the State of Idaho from asserting any right, title or other interest in the submerged lands at issue.
The court did not address the Tribe's alternate legal theories. The court also denied the State of Idaho's counterclaim. Idaho appealed, and the court of appeals affirmed the district court's judgment. The court of appeals explicitly applied the two-pronged test set forth by this Court in United States v.
Alaska, supra, for determining whether the State was entitled to the submerged lands at issue. That court stated: "As framed by the Supreme Court, the question before us is 'whether the United States intended to include submerged lands within the [Reservation] and to defeat [Idaho's] title to those lands. See also id. Because Idaho conceded on appeal that the United States intended to include the submerged lands in the Reservation established by the Executive Order, the court focused on the second prong of the test.
Citing Alaska, the court stated that the second prong required an affirmative showing of congressional rather than executive intent to deprive Idaho of title to the lands in question and that such intention must be "definitely declared or otherwise made very plain. In accordance with this Court's decision in Alaska, the court of appeals considered several factors that bore on Congress's understanding of the status of submerged lands within the Coeur d'Alene Reservation and on Congress's corresponding actions at the time of Idaho's admission to the Union.
First, the court of appeals recognized that the boundaries of the Reservation, as defined by both the Executive Order and the agreement, were drawn across the lake, with the agreement substantially curtailing the included acreage. The practice of drawing the boundary across the lake, rather than along the shoreline, manifested the understanding that the submerged lands within the reservation boundary are part of the reservation.
The Tribe had insisted on including those submerged lands as part of the Reservation, and the government had redrawn the boundary in to "establish[] the Tribe's right to the Lake and rivers," a fact that was reflected in the maps submitted to Congress.
The court of appeals accordingly concluded that Congress was clearly on notice and must have understood that the Executive Order creating the Reservation and the agreement diminishing its size necessarily deprived a future State of title to submerged lands remaining within the Reservation.
Second, the court of appeals observed that the United States had created the Coeur d'Alene Reservation to provide a means for tribal subsistence and that "the purpose of the reservation would have been defeated had it not included submerged lands. The historical record showed that Congress had authorized the United States to negotiate a reservation for the Tribe, and the Tribe agreed to the Reservation, because the Tribe was dependent on the lake's fisheries.
The Tribe refused to settle on lands that did not include the lake and associated waterways. Similarly, the court found that, when Congress directed the United States to renegotiate the Reservation boundaries, the United States reached agreement by ensuring that the Tribe retained beneficial ownership of the southern third of the lake and a portion of the St.
In this case, as in Alaska, the fact that the United States had a distinct purpose for including submerged lands within the Reservation bears on the question of congressional intent, because Congress's retention of the submerged lands is necessary to fufill that purpose.
See ibid. Third, the court of appeals explained that Congress took a series of actions that "demonstrates acknowledgment, recognition, and acceptance of the boundaries of the reservation, which Congress knew the Executive had construed to include submerged lands, thereby showing the requisite intent to defeat state title.
Congress's action in authorizing the negotiations to recover lands held by the Tribe manifested Congress's intent to honor the agreement and Executive Order. The court concluded that Congress's affirmative act of directing open-ended negotiations to purchase whatever non-agricultural land, particularly submerged lands, the Tribe was willing to cede "presupposes that beneficial ownership of all land within the reservation, including submerged lands, had already passed to the Tribe.
On July 3, , President Dwight D. Eisenhower signs the Rivers and Harbors Flood Control Bill, which allocates funds to improve flood-control and water-storage systems across the country. Eisenhower had sent back two earlier bills to Congress, but was pleased with the revisions Clay Allison, eccentric gunfighter and rancher, is believed to have died on July 3, , in a freak wagon accident in Texas.
Born around in Waynesboro, Tennessee, Allison seemed to display odd tendencies from a young age. When the Civil War broke out, he joined the Rolling Stones guitarist Brian Jones is found dead of an apparent accidental drowning on July 3, Two years later to the day, in , Jim Morrison dies of heart failure in a Paris bathtub. For all the highly publicized brushes with the law that Mick Jagger and Keith A stampede of religious pilgrims in a pedestrian tunnel in Mecca leaves more than 1, people dead on July 3, This was at the time the most deadly of a series of incidents over 20 years affecting Muslims making the trip to Mecca.
To the followers of Islam, traveling to Sign up now to learn about This Day in History straight from your inbox. Martha Ann Johnson is arrested in Georgia for the murder of her oldest child, Jennyann Wright, after an Atlanta newspaper initiated a new investigation into her suspicious death. Back in On July 3, , George Washington rides out in front of the American troops gathered at Cambridge common in Massachusetts and draws his sword, formally taking command of the Continental Army.
Idaho was admitted to the Union July 3, , adding the forty-fifth star to the flag. Shoup was at that time Territorial governor, and he continued in the office until the first State legislature met, when he resigned and was elected to the United States Senate.
Norman B. Willey was appointed to fill the unexpired term of Governor Shoup, and he held the office until January 1, , when he was succeeded by Hon. McConnell, who had been elected for the regular term. Since the admission to statehood the growth and development of Idaho have been steady and rapid.
The population of Idaho, as shown by the Federal census of , was 15,; in it was 32,; in , 84,; in , ,, and it is believed at this time to be not far from the , mark, as the growth from immigration alone has been for some years past at the rate of about 15, annually.
Up to the population of Idaho was almost wholly rural, and it is still largely so, but in the past nine years the urban population has increased at an astonishing rate. Boise has grown from 5, to more than 20,, Lewiston from a few hundreds to 10,, Idaho Falls from to , while near Shoshone Falls, in the plain where six years ago there was not a sign of civilization, nothing but an expanse of sagebrush as far as the vision extended in every direction, now stands Twin Falls, a well-built, substantial city of more than people.
Pocatello, Nampa, Caldwell, Coeur d'Alene, Payette, Blackfoot and other cities have made a fine growth, while scores of prosperous villages have sprung into existence. The rural growth is shown by the vote of Kootenai County. In the total was , while in it was 11, in the same territory, the county having meantime been divided. Idaho has an area of 84, square miles, of which are covered by the waters of lakes, the largest of which are Bear, Pend D'Oreille, Coeur d'Alene and Priest's lakes.
The State lies in the form of an irregular triangle, the longest dimension from north to south measuring miles, while the breadth from east to west along the southern border is miles, and on the northern boundary forty-eight miles. Owing to the extremely rough and mountainous character of the central portion of the State, which has not yet been pierced by a north and south railroad, the routes of travel from the southern to the "pan-handle" or extreme northern part of the State are circuitous, thus accentuating the really great length of the State from north to south.
A facetious individual once remarked that "Idaho is bounded on the south by the forty-second parallel and on the north by the aurora borealis," an assertion that anyone who has ever traveled from Oneida or Bear Lake counties to Bonner is not disposed to dispute.
The largest county in the State is Idaho County, of which Grangeville is the county seat. It has an area of 10, square miles.
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