The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1874-06-11
Z. CIRCUIT COURT.
Judge DillOn's Decision in the
Celebrated Land Case.
Summary OF the Cases Disposed
of Yesterday.

In L. S. Cheui, Court. Diitraet Of Kansas
June term. 1874.
Panel, Graz, Va, Gilman At al.
/. The treaty Of March s., 1912, & Stat
st lap 6OS' sec H. and Of January 81
1855, { ID, 1881 between thu Uli:ed
S.aies and the Wy ldot,e Indians in respect
to the grim, to members If the tribe, of =
ri ght t, select and ltca.e section Of land
construed.
2. The trarsary of 1855 requins The
patent 10 issue in the mime Of the reserree.
though ii he be dead the section may be
made by his "heirs or his ltg.l representa-
ives" To |, e Diet. rmined BY the law, usaRes
and customs If the uibe, whether u patent
Issued in the name Of the ieirs Of The res
ervee II void, qnaire'
s A will Of the RICH. of this "f1st"
made and executed according to the laws Of
the tribe, and proved and allowed nv the
proper tribunal Of the trib', il valid and
will be respected by the civil court. See
Ma hey V. Coke, IS How. 100
R-lri of the WyAndott Indians 10 the
civil laws of the Ter, itory of Kansss, in re-
spec, to the DISPOSE ion of property fe'ore
and alter the treaty OF 1852, considered.
(BEFoRE DILLON, CIRCUIT JUDGE
Wpandoa Indians -Consrrction Of Treaty
Resercations- Flodts-Ldian Wis.
This il an action Of e;eciment fer lands
.i.uaie in Lyon county, in the state Of kal-
sas. The case wss uied upon testimony
submit ted to the court, a july having ben
waived The evidence was volumiBous; but
the material fat' sutlic' emily appesr ia the
O, Union cf the CONT.
X NJ. Ray.ie' and Cough & Wheat, for
the plaintiff.
VI ID 81 a nnon, W. T. Montgomery and
f. :. Waterbury, for the defendant.
DILLON, Circuit Judge:
To def, rmfne the Tide OF the land here in
controversy involves the necessity of decid-
ing severa. novel and highly i'm .ere-' Jag
question:.
The pl iintifl claims title nn Ter patent
dated tue 5 day Of May, 1861, reciti. the
tr. a les of 1912 and 1855, below meut oned,
betwee the Uni;ei 5 aiss snd the Wyan-
do,ie Ia ion OF In lisni, and which pai. N,
was Issued to the heirs Of John Hicks.
Jof Hicks : Wyandote Indian.
I, is necessary briefly to refer to the hi =
tory of the Wyandot,e an their removal to
Kansas. In 1925, the Kan IA Indians ced-
ed, with the exception of a limited re-ervs-
ton, this country t. the United State &
States at Lag, PAD. in 1880, Congress
adap'sd the policy Of causing Indians tribes
residing east Of the Mississippi to Ice Ie-
moves, 10 spec fed Reservations ives, of the
Missouri "A States at Large, AID. The
Wyar dptee Ind ans were the last Tribe in
Ohio which coded In. ir reservations in that
State to tie United Slater. This was done
in 1912. bv the trea y Of Upper Sudusky,
of Ma,ch 18th, Of that yesr. q States at
Large, 60S). BY Ike 18th secIion of that
trea,y, al. United States agree to grin; TO
the above named John Hicks, to hi. heirs
and thirty i've other specified persons of the
Wyandotte nation, one seftion of lard:
The land hereby granted 10 he ee,ec.ed by
the grantees, surveyed and paitnted at the
expense OF the United States, but never to
lc ooareped ny them to their heirs without
the permls ion OF the Trcsident of the Unit
ed Safes
The next var, 1913, tie W, andot,e In
dams, in ciud.ng John HIks. removed to
the ir reservs;i,n IN kan,as. Here he lived
v it'll the tribe un'il 1853. when he died. On
Il e 10 Ia day Of Janu.ry, 1852, a shor, time
before ii- death, h. made his last will in
writing. II WAS drawn up with ell the usu-
al rn allies Of sucl instrumt MS v Gov
.rnor William Walker, an educated Wyan-
iotte Ildian, attested by him and signed by
he teststor The third clause OF this will
IS 10 these wo d.: IL will AMI bsqueath
INTO NV sons, Francis A. Hicks and John
Hicks, Jr the SEC ion OF land granted to
me by the treaty OF Upper Sandusky, dated
March Il, lSi2." This instrument is pro-
iuced and bars upon it Til, indcr-emeni:
''The W thin will ard testament was read 10
open cour; and allowed probate AMI record
81. Wyandcte Council, February l6,
1853 JOHN D. Brown,
Principal Chiet.
JOEL WALKER, Clerk pro tenn"
Ii is indisputabiy established b; evidence
hiandc that the will was Irest n.ed TO the
Council at that dat,. and was
reg larly allowed by it as the will Of John
H,ck,, Sr.
These Gevisees, John Hicks, Jr.. and
Francs A. Hicks were the only living
children of John. ST., but there were then
living, grandchildren by two Of his deceased
:bildr,n.
on the 3lst day Of January, 1855. 90 |
S,a.es at Large, 1881 another treaty was
made with the Wyandot'e Indians, which |
vas ratified March Is, If that year. The |
ir.t article states thai the Wya ,do,te Indi- |
IN, having become sufficiently advanced in |
civilization, and de.irou, Of becoming citi- I
.er :, ii is hereby a reed and stipulated, that |
he r org.niza ion, and their relations with \
he Unit. d States, a. an Indian irite, shall |
e i.sso.v.i and rninsted Oh the RI itica- |
ion OF This agiee nent, except so Tar ~ the \
urther AMI temporary Continuance of the /
anne nav b. necessary in the execution OF |
ome ii the r'ip,sl / ors herein; and from
IN Fl .r the date Of such ratification tie
aid WyanGo,te Indians sni each and every |
me of them, except "a h.rea ter pr"vife' |
hail tc deemed and are her"'. =. /
e citizens OF the United : =, =, | H.
ents an! purposes; and Shall he entitled to
IL tie rights. privileges and imnunities Of
uch cit zeas; and. shall in all r. spects be sub
&c, TO the lass If the Tn ted States and Ter
TORY OF Kansas, in the same mnnsr as 'ther
j IL rs Of sai tsrritcrg; anil tie jusisdic
ION of the United Stat n and of sand terri
ory shall b. ext .nded over the WyandOtte
ounry in the same manner Va Over other
'ars Of sid t.ritory." The tray mskes
,ruvsi ion for the survey, plating and par
ltion CT their s.ry alton, ant for lis's Of
Members Of the trioe, divided il t. three
1 at'trs: 1t. o. those who are atle to con-
70! ard manage their own affairs and inter-
SITS. ID. Those who are not 81. Orph'n',
dots and insane persons. Lists of the.second
nj third clssses were TO be furnished by the
Svandotte Counc |, unler whose superv!-
i, n and guardianship the treaty CONTINUES
hem.
The eighth at,sle of the treaty defines
ersons EMIT ei t. money and laIds there
nde-. 80 be such only as are actual men,
ers o, the Wyandotte nation. their heirs and
rDrcs6a.afircs. aud "a Are entitled TO share
A tas properly ard finds Of the said ma
on, according 10 tie lars, usdgcs and customs
,ereof'
ART 9, which i. important. is in these
ord: "Esch Of the indy .dusls 10 whom
granted by the l4:h article of
he treaty of March II, 1872, (of Upper
sndusky). or their heirs or legal Representa-.
res, shall b. permitted TO select aud locate
i'd reservations or any Government land
as. o. Missouri and Iowa, subject to pre-
mp, on and settlement; said resesv atoms to
. pafenfed nv T. e United States, in the names ,
the reseJrses; and the rsseivees, their heirs
nd prope.' representatives shall have the un-
,s,ricied i ,ht To * Ii and )nvey the sam .
N in cases where any OF the ta'd rss.rvee.
lay not he Sufficiently r1de1t aud compe-
mt to msnsge the r sfi.irs in q proper