United States v. Copper Queen Mining Co.

Background

The United States sued to recover about $183,000, the alleged value of roughly 5,900,000 feet of timber said to have been cut from public lands in a canyon in the Chiricahua Mountains, in the Arizona Territory. The defendant said the timber had been cut by a man named Daniel D. Ross from public mineral land under a federal law that let territorial residents cut timber for domestic uses. The defense relied on the claim that Ross was a United States citizen and a bona fide resident of the Arizona Territory when he cut the timber.

Reasoning

At trial the judge instructed the jury that Ross had to be both a citizen and a bona fide resident for the statute to apply, and the jury found for the defendant. The Government argued on appeal that there was no evidence proving Ross’s citizenship or residency and asked for a directed verdict. The Supreme Court, reviewing the record, said the bill of exceptions does not state that it contains all the evidence from trial. Because the record did not affirmatively show the absence of such evidence, the Court would not assume that the jury lacked any factual basis for its finding. Earlier decisions require a complete trial record to reverse a jury verdict on the ground of no evidence.

Real world impact

The decision leaves the jury’s finding intact and denies the Government recovery here. It emphasizes that parties challenging a verdict for lack of evidence must put a full trial record into their appeal. The ruling does not decide on the merits beyond what the record shows.