Starr v. Campbell

Background

An infant member of the Chippewa (a Native allottee) received a patent to an assigned parcel of timber land after treaty allotments and a 1905 patent. In 1902 he contracted to sell merchantable timber to a buyer who cut roughly $15,000 worth of lumber. The buyer paid that money to the federal Indian agent in trust for the allottee. The agent paid only $3,100 and refused to pay the balance, saying he would limit further withdrawals to $10 per month under rules approved by the President and the Commissioner of Indian Affairs. The allottee’s guardian sued to recover the withheld money.

Reasoning

The Court addressed whether the President’s power under the 1854 treaty and the patent’s condition restricting alienation allowed the government to impose rules governing timber sales and restrict payouts. The Court relied on article three of the treaty, the patent’s clear condition that the land could not be alienated without presidential consent, and presidential regulations (including a 1902 amendment) giving agents authority to limit withdrawals. The Court rejected the view that presidential consent to a contract ended executive control over the transaction. Because the patent and rules permitted such restrictions and the land was essentially timber land, the Court found the agent’s conduct lawful and affirmed the lower court’s dismissal of the complaint.

Real world impact

The decision means that when allotment patents and presidentially approved rules restrict alienation, federal agents can control and limit access to proceeds from timber sales. Individual allottees may face staged or limited payments instead of immediate full payouts. This case upholds longstanding federal authority to regulate disposition of allotted Indian lands and their resources.