Ruddick Ex Rel. Yokayo Tribe of Indians v. Albertson

HENSHAW, J.

The appeal in this case is from the judgment upon the judgment-roll alone. The history of the litigation, as disclosed by the findings, is as follows: The Yokayo Indians are a body of native redmen who, from time immemorial, have been known and recognized as a tribe p.vigfing and living in tribal relationship, with their own laws, customs, usages, and rules. The tribe selected chiefs or captains, who under its loose system of government, controlled the people as to their tribal affairs, and dealt for them with the outside world. Their ownership of property was communal; they

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possessed no real property, and their life was nomadic. In October, 1881, the four captains or chieftains ’ of this tribe were Captains Dick, Charley, Bill, and Lewis. With more knowledge and foresight than the majority of their fellow tribesmen, these captains, recognizing the improvidence of their people, their lack of permanent homes, and their inability to make provision for the future, decided that they would purchase a rancho, which should become the permanent abode 'of the tribe, for the benefit of all its members, whereby all might have lands to till, homes while living, and burial places when dead. According to custom, they called the tribe together at an appointed place, and there was collected from the individual members of the tribe, by voluntary contribution, it not being now ascertainable who were the donors nor the amounts of their donations, the sum of eight hundred dollars, which was given to the captains. They, through a trusted white man as their agent, undertook with this money the purchase of a certain rancho then owned by one J. H. McPeak. The purchase price of the land was forty-five hundred dollars. Charles Yates acted as the agent of the tribe in the matter of this purchase, the eight hundred dollars was paid, and Yates, as the agent of the tribe, took a deed to the land in his own name. From time to time, as the tribe under the directions of its captains accumulated money, in farming the land into possession of which they had entered and by the sale of baskets which they manufactured, the land was completely paid for. These later moneys, like the first eight hundred dollars, came from the voluntary contributions of the tribe’s members. So that all of the moneys which paid for the purchase of this property were the mingled communal funds of the entire Yokayo tribe. When the land was finally paid for the tribe assembled to deliberate as to how they should take title to it, and, as a result of these deliberations, it was in tribal assembly agreed upon that the deed should be made to their four captains for the benefit of the tribe. Such a deed was actually made by Yates on the twentieth day of October, 1881, the grantees being described as follows: “Dick, Lewis, Bill, Charley, all Indians, and their tribe.” Ever since this date the tribe has continued in the ownership, occupation, and use of these lands, farming them under their communal custom. During the lifetimes of the