The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 593
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UNITED STATES V. ASH SHEEP CO.
Indian tribe, applies to sheep; such animals being within the intent of
the statute and included in the general term "cattle."
[Ed. Note.-For other definitions, see Words and Phrases, First and
Second Series, Cattle.]
8. EQUITY -,99(1)--CouRT-JHIsDICTION.
When a court of equity obtains jurisdiction for equitable purposes, it
will retain it to give full relief, whether legal or equitable, as to all
purposes relating to the subject-matter of the bill.
4. JUDGoMETT (TT :: -CoNLUSIVENESS--MATTERS CONCLUDED.
In a suit to enjoin trespass on lands ceded by Indians to the United
States, a decree denying damages claimed under Rev. St. 2117 (Comp.
St. 1016, 4107), on the ground of want of jurisdiction, is in no way con-
elusive against the right of the United States to recover such damages,
though the court in that proceeding expressed its opinion that they
were not recoverable.
In Error to the District Court of the United States for the Dis-
trict of Montana; Geo. M. Bourquin, Judge
Action by the United States against the Ash Sheep Company.
There was a judgment for defendant, and the United States brings
error. Reversed and remanded.
See, also, 229 Fed. 479.
Burton K. Wheeler, U. S. Atty., and James H. Baldwin, Asst. U. S.
Atty., both of Butte, Mont., and Homer G. Murphy, Asst. U. S. Atty,
of Helena, Mont.
C. B. Nolan and William Scallon, both of Helena, Mont., for de-
fendant in error.
Before GILBERT, ROSS, and HUNT, Circuit Judges.
GILBERT, Circuit Judge. The origin of this case is explained by
what is said in Ash Sheep Co. v. United States (No 2855) 250 Fed.
591, - C. C. A. -, decided at the same time herewith. After the
court below (229 Fed. 479) had ruled in case 2855 that the complain-
ant could not recover in that suit the penalties provided by section
2117, Rev. Stats. (Comp. St. 1916, 4107), the United States brought
this action at law in the court below to recover those penalties. The
defenses of the defendant to the action were that the Indian's title to
the lands had been extinguished; that the defendant had acquired title
to several tracts of the ceded lands, and had leased from the owners
other tracts, the title to which had passed from the government; that
said lands so leased and owned by defendant were in separate tracts or
bodies, and that in getting access to said lands the defendant's sheep
were necessarily driven across the unsold lands involved herein, and
grazed thereon only while being so driven; that the United States was
estopped from maintaining the present action by the proceedings and
judgment in case 2855; that section 2117 creates no penalty against
one who drives or conveys sheep to range and feed on land belonging
to an Indian or an Indian tribe.
[1, 2] The court below rendered judgment in favor of the defend-
ant company on the pleadings, holding that section 2117 did not apply
4 -For other cases see same tooic & KEY-NUMBER m all Key-Numbered Digests & Indexes
250 F.--38
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38821/m1/608/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.