Pueblo of Santa Rosa v. Fall,
273 U.S. 315 (1927)

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U.S. Supreme Court

Pueblo of Santa Rosa v. Fall, 273 U.S. 315 (1927)

The Pueblo of Santa Rosa v. Fall

No. 511

Argued January 11, 1927

Decided February 21, 1927

273 U.S. 315


1. A court has power at any stage of a case to require an attorney to show his authority to appear. P. 273 U. S. 319.

2. The clearest of proof is required to establish authority in the captain of an Indian Pueblo to deed without valuable consideration a one-half interest in a vast tract of land claimed by the Pueblo and to execute an irrevocable power of attorney to bring suit in its name to establish the title. P. 273 U. S. 319.

3. Section 2103, Rev.Stats., declaring void, unless executed and supported as the section prescribes, any agreement with a tribe of Indians for payment or delivery of anything of value in consideration of services for such Indians relative to their lands, and § 2116, declaring that no conveyance of lands etc. from any Indian nation or tribe shall be of any validity unless made by treaty or convention entered into pursuant to the Constitution, apply to Pueblo as well as nomadic Indians. P. 273 U. S. 320.

4. A decree dismissing a suit for want of authority in the counsel bringing it should be without prejudice to the bringing of any other suit properly authorized. P. 273 U. S. 321.

12 F.2d 332 reversed.

Certiorari (post, p. 678) to a decree of the Court of Appeals of the District of Columbia which affirmed a decree of the Supreme Court of the District dismissing on the merits a suit in the name of the Pueblo of Santa Rosa

Page 273 U. S. 316

to enjoin the Secretary of the Interior and the Commissioner of the General Land Office from offering, listing, or disposing of certain lands in Arizona as public lands of the United States.

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