William S. FLETCHER, Individually; Charles A. Pratt, Jr., Individually; Juanita West, Individually; and Betty Woody, Individually; and on Behalf of Themselves and of All Other Persons Similarly Situated, Plaintiffs-Appellees,
v.
UNITED STATES of America; Bruce Babbitt, Secretary of Interior; Ada E. Deer, Assistant Secretary of Interior for Indian Affairs; Gordon Jackson, Superintendent of the Osage Indian Agency; Osage Tribal Council and each individual member therof; Charles Tillman, Jr., as Principal Chief of the Osage Tribe and Individually; Edward Red Eagle, Sr., as Assistant Principal Chief of the Osage Tribe and Individually, Defendants-Appellants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
June 10, 1997.
June 10, 1997.
Attorney(s) appearing for the Case
Karin Johnson Chatfield, Denver, CO, for Plaintiffs-Appellees.
F. Browning Pipestem, F. Browning Pipestem & Associates, Norman, OK (Dena L. Silliman, F. Browning Pipestem & Associates, Norman, OK, and Robert E. Martin, Tulsa, OK, with him on the brief), for Defendants-Appellants Osage Tribal Council; Charles O. Tillman, Jr., Principal Chief of the Osage Tribe; and Edward Red Eagle, Sr., Assistant Principal Chief of the Osage Tribe.
Lois J. Schiffer, Assistant Attorney General, Washington, DC; Steven C. Lewis, United States Attorney, and Phil Pinnel, Assistant United States Attorney, Tulsa, OK; Albert M. Ferlo, Jr., and David C. Shilton, Department of Justice, Washington, DC, on the brief only, for Defendants-Appellants United States; Bruce Babbitt, Secretary of the Interior; Ada E. Deer, Assistant Secretary of the Interior for Indian Affairs; and Gordon Jackson, Superintendent of the Osage Indian Agency.
Tracy A. Labin and K. Jerome Gottschalk of the Native American Rights Fund, Boulder, CO, filed an amicus curiae brief for the Osage National Council.
Before BALDOCK, BRORBY and MURPHY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
BALDOCK, Circuit Judge.
Four individuals of Osage ancestry, some of whom were not entitled to vote in tribal elections or hold tribal office because they do not own an interest in the Osage mineral estate or headright, brought this suit to challenge the validity of the franchise restriction and for a declaration on the validity of the Osage Constitution of 1881. Rather than reaching the merits of the complaint, the district...
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