Ash Sheep Co. v. United States
Headline: Court upholds ban on grazing sheep on Crow Reservation, ruling the land remains Indian trust land and affirming a one-dollar-per-sheep penalty for grazing without consent.
Holding: The Court held that the lands remained Indian trust lands, grazing without the Crow tribe’s consent violated federal law, and the one-dollar-per-sheep penalty applied, so both judgments were affirmed.
- Affirms one-dollar penalty per sheep for unauthorized grazing on reservation land.
- Confirms these lands remain managed for the Crow tribe under a federal trust.
- Allows courts to enjoin unauthorized grazing and award penalties despite prior nominal damages.
Summary
Background
A private sheep company admitted it pastured 5,000 sheep without the consent of the Crow tribe or the United States on lands in Montana. The Government brought two suits: one asking a court in equity for a permanent injunction and nominal damages to stop the trespass, and another seeking a one-dollar-per-animal penalty in an ordinary law action. The central factual dispute was whether the land was still held as Indian land under an 1904 agreement or had become open public land.
Reasoning
The Court examined the 1904 statute that embodied a detailed agreement with the Crow tribe. That agreement showed the United States would act as trustee, sell the released lands under specific rules, and hold and spend proceeds for the tribe’s benefit. Because the Government had trust duties and the statute limited how the land could be disposed of, the Court concluded the area remained Indian land when the sheep were pastured. The Court also interpreted the old federal penalty statute to include sheep within the word "cattle," relying on earlier court opinions, dictionary meanings, and a long-standing Attorney General opinion. Finally, it rejected the company’s claim that the earlier equity award barred the separate penalty.
Real world impact
The decision means grazing on these reserved Crow lands without consent can be stopped and penalized. The sheep company’s $5,000 penalty and the injunction were both upheld. The ruling reinforces that lands held and managed under a federal trust agreement remain protected for the tribe until sold under the agreement’s terms.
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