United States v. Earl West, Elsie West, Arlo West, Glen West, Dorothy West (A Minor), and Rosalind West (A Minor)

This appeal is from a judgment dismissing, after trial on the merits, the Government’s suit commenced May 19, 1954, to enjoin an alleged continuing trespass upon lands of the Fort Apache Indian Reservation.

There appears to be no controversy as to the facts. The trial court found inter alia:

The District Court further found that in 1926 and again in 1936 the Superintendent of the Reservation “gave permission to the Amos and West family to graze cattle on part of the reservation * * *"; and “that since 1924 the * * * [appellees] have made valuable improvements on the said premises near Big Spring * ‘ * Said improvements consist of dwelling houses, fences, wells (drilled and dug), and water tanks. That Abraham Amos and his wife, the former Bell C. Cooley, made their residence upon the reservation, and that * * * [appellees] have maintained their respective dwelling places on the reservation and on the same premises where they were given permission to graze cattle in the area of Big Spring. * * * That none of the * * * [appellees] has ever applied for membership in an Indian Livestock Association on the Fort Apache Indian Reservation.”

The trial court also found:

From the facts…