United States v. Payne
| Decision Date | 04 December 1922 |
| Docket Number | 3897. |
| Citation | 284 F. 827 |
| Parties | UNITED STATES v. PAYNE. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Appeal from the District Court of the United States for the Southern Division of the Western District of Washington; Edward E Cushman, Judge.
Suit in equity by Tommy Payne against the United States. Decree for complainant, and the United States appeals. Affirmed.
Indians 13-- That land selected is valuable for timber not ground for refusing allotment.
Under General Allotment Act Feb. 8, 1887, Sec. 1, Act Feb. 28, 1891, Sec. 1 (Comp. St. Sec. 4195), authorizing the President to cause allotments to be made from lands which may be advantageously utilized for agricultural or grazing purposes, the fact that an allotment selected by an Indian is in part heavily timbered, and until cleared is more valuable for timber than for agriculture or grazing, does not justify a refusal to make the allotment.
Thos P. Revelle, U.S. Atty., of Seattle, Wash., and W. W. Mount Asst. U.S. atty., of Tacoma, Wash.
Arthur E. Griffin and Arthur R. Griffin, both of Seattle, Wash., for appellee.
Before GILBERT and HUNT, Circuit Judges, and RUDKIN, District Judge.
From a decree directing the agents of the United States to issue to Tommy Payne, an Indian of the Quileute Tribe, a certificate of allotment to a certain tract of land in the Quinaielt Reservation, Wash., the United States appeals.
The present suit was brought under the act of 1894 (28 Stat. 305), Act Feb. 6, 1901 (31 Stat. 760 (Comp. St. Sec. 4214)). Pursuant to a treaty made with the Quinaielt and other Indians, certain lands were reserved, to be surveyed and set apart for the 'exclusive use' of the Indians. The treaty was made July 1, 1855, and concluded January 25, 1856, and was ratified March 8, 1859. 12 Stat. 971; 36 Stat. 1345.
In February, 1887 (24 Stat. 388), Congress passed an allotment act which was amended by Act Feb. 28, 1891, c. 383, Sec. 1 (Comp. St. Sec. 4195), and Act June 25, 1910, c. 431, Sec. 17 (Comp. St. Sec. 4199), providing that, in all cases where any tribe of Indians has been located upon any reservation created for their use by treaty, stipulation, act of Congress, or executive order, the President shall be authorized to cause the same to be surveyed or resurveyed, 'whenever in his opinion any reservation or any part thereof may be advantageously utilized for agricultural or grazing purposes by such Indians, and to cause allotment to each Indian located thereon to be made in such areas as in his opinion may be for their best interests, not to exceed 80 acres of agricultural, or 160 acres of grazing land, to any one Indian.'
About 1911, after survey made in 1910, through an allotting agent for the United States, Payne made a selection of the land here involved, and his name was recorded; but he has been excluded from the land. The land selected by Payne is in part heavily timbered and in part bottom land with clay soil;...
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