FROM THE ARCHIVE
Court lets Yankton ruling stand
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JUNE 27, 2000

The Supreme Court on Monday rejected without comment two appeals filed by the State of South Dakota and the Yankton Sioux Tribe. The Court's refusal to hear the cases lets stand a 1999 8th Circuit Court of Appeals ruling which stated the tribe's reservation exists but much of it is now under the jurisdiction of Charles Mix County.

In 1858, the tribe entered into treaty with the United States, ceding title to more than 11 million acres in exchange for $1.6 million and 430,405 acres of reservation land in the southeastern part of the county.

In 1892, the tribe entered into another treaty in which the US paid the tribe $600,000 for 168,000 acres of land which was sold to white settlers. Despite what is known as "saving clause" in the 1892 treaty which says nothing in the 1858 treaty is abrogated, the Supreme Court in 1998 ruled that the 168,000 acres were no longer Indian Country.

Under the Dawes Act of 1887, the reservation lands were also allotted to individual tribe members. The 1999 8th Circuit ruling left open the question of whether these allottments which were later sold to whites are under the jurisdiction of the tribe or the county. The US District Court will now decide exactly which lands remain part of the reservation.

Since the Supreme Court ruling giving jurisdiction to the county, many Yankton Sioux have complained of racial targeting by county law enforcement.

Get the Story:
High court turns away appeals about Yankton Sioux land (The Argus Leader 6/27)