At the time the 1868 Treaty was made, the tribe consisted of full-blood Indians who were unable to read, write, or speak English.

The reservation contained valuable mineral deposits of gold, oil, coal, and gypsum as well as over 400,000 acres (160,000 ha) of timber.

The Court found the fair value of a one-half interest of the Shoshone reservation of a total of 2,343,540 acres (948,400 ha), which was taken by the US for the Arapahoes on March 19, 1878, to be US$1,581,889.50.

The lower court concluded that the tribe's interest in the land by the Treaty of 1868 included ownership of the mineral and timber rights.

The Government appealed to the Supreme Court and asked for reversal with directions to determine the value of the Indians' right of use and occupancy excluding the value of any timber or minerals.