United States v. Paine Lumber Co.

Background

The United States sued a Wisconsin lumber company to recover the value of logs allegedly cut from lands allotted to two members of the Stockbridge and Munsie tribe, Thomas Gardner and Daniel Davids. The logs — basswood, elm, and pine — were cut in winter 1898–99 by the two men, who said they cut them to support their families. The lumber company bought the logs in 1899 at Weeds Point, Shawano County, believing the sellers were the owners. The trial court found the allottees had been given and occupied the parcels under the tribe’s allotment arrangements.

Reasoning

The key question was whether those allottees had enough rights to cut and sell timber from their allotted land without approval from the Department of the Interior. The Court reviewed the treaty and statutes that created the allotments and concluded the allottees’ rights were more than mere temporary occupancy. The Court rejected the idea that timber automatically became government property when cut, and it held the allottees could cut and sell timber for their support. Because the lumber company bought the logs in good faith, the Court affirmed the judgment dismissing the Government’s claim.

Real world impact

The ruling means that, under the facts and documents here, Indian allottees who cut timber for household support may have authority to sell it, and buyers who act in good faith are protected. The decision affirms the lower court’s outcome and is final on this record.