United States v. Andrews

Background

Thomas C. Andrews sued the United States and members of the Kiowa and Comanche tribes to recover the value of cattle taken in June 1877 while he was camped on the Washita River in the Indian reservation. He filed the claim under the March 3, 1891 Act for losses from Indian depredations. Andrews alleged the herd was worth $9,225; after trial the Court of Claims found the loss was worth $8,300 and entered judgment for that amount.

Reasoning

The central question was whether Andrews was lawfully within the reservation when the cattle were taken, because the Government argued he was a trespasser under the 1868 treaty and an 1834 law that limits liability to owners lawfully present. The Court examined the treaty: one article generally barred outsiders, but a later article included promises by the tribes not to attack travelers or cattle and not to oppose roads and other necessary works. The Court treated the Chisom trail as an "established trail"—a road or path suitable for driving cattle—and concluded that description reasonably meant a legally established and permitted trail. Because Andrews was using that established trail, he was lawfully within the territory and not a trespasser.

Real world impact

The Court affirmed the judgment awarding $8,300. The decision accepts that a recognized cattle trail through reservation land can make a traveler lawful and that the Government’s liability under the 1891 Act can arise when an owner was lawfully present. This outcome lets owners who were lawfully on such routes seek recovery for property taken.