Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-05-15
m SUPREME COURT.

IVY
IN SUPREME COURT.
An Important Decision Affecting the
Titles to Property In the Black
Hills.
Orro UHL1e, Respondent,
A., G. GARRISON, AND GARRETT AMBER
son, appellants.
In the supreme court of the territory o.
Dakota, at June term, 1878.
Appeal by the defendants from the judgment
of the district court of Lawrence county
Trip & Boyles for appellants, and Gam
BILE Bros. for respondents.
Chief Justice Shannon after stating thu
case delivered the opinion Of the court al
follows:
In his complaint, the plaintiff alleges
mere possession without any legal interest
and without showing any right Of possession
but relies solely upon an alleged relation o
landlord and tenant. He sets up a writer
contract, dated the oath of August, 1876, a
Deadwood, by which he leased to the as,
~signors of the defendants, q part of q lot OF
ground, in said city, for a term of eight
months. The lease is made q part Of the
bill of exceptions, and shows a rent Of $25
per month, payable in advance, and an
agreement that at the expiration of the lease
the plaintiff should pay the actual value O
improvements made upon the lot.
Further allegations in the complaint are
of the expiration of the term on the 25th
day of April, 1877, of a holding over, and Of
a notice to quit and a refusal. The relief
demanded is for the possession, and for
damages for the unlawful Withholding, and
costs.
The answer Of the defendants, without
diaputing the execution of the written con-
tract, denies any ownership in the plaintiff,
and that he was ever, at any time, lawfully
possessed Of the premises. 1t contains the
further averment, that the lawful and ex-
elusive possession Of the premises, at the
date Of the contract, and when the plaintiff
pretended to be possessed thereof, to-wit
on the oath day Of August, 1876, was, as
against plaintiff. in the Sioux Indians, and
not in the plaintiff.
And moreover, that the premises, on the
oath day of August, 1876, were lands tc
) which the Indian title had not been extin-
guished, and were within an Indian reserva
ton, and so remained until the 18th day O.
February, 1877, when they became q portion
Of the public lands Of the United States, anc
we're open to lawful settlement and occupa
, patton, etc.
1t appears by the bill of exceptions. that
after the closing Of the testimony, the de.
, PENDANTS, bv their counsel, asked the cour
; to instruct the jury, among other things, a
t follows: 1.-The jury are instructed, tina
? +" prior to February 2Sth, 1877, no It'll
" could be acquired to the ground in COZ
" troversy by plaintiff, nor could he max
" any lawful lease of the same the Jury ar
" therefore instructed to find a verdict fo
" defendants"
The district court refused to give such il
structions, and this is alleged as error.
This court in the case Of Mccall '. Th
!. United States lat December term, 1876
+ considered that Deadwood was a place in tn
4 Sioux Indian reservation, get apart unde
= the treaty proclaimed February 24:h, 1865
and that the said reservation was in the In
dian country and that Deadwood was the
It q place within the sole and exclusive iuri,
diction of the United States,
In that case it was objected that the defend
70 ant should have been indicted and tried !
is the territorial court; but the court said IN,
~ " it is we'll settled that a trial for homic;d
" committed in an Indian reserve. mnat +
= " had on the federal side Of a territo,;.
u court and is governed BY U. s. statute
re and the rules of the common law"
10 lDskos. B, page 334)
=. In evident from the language of Il
cQnft, that it was 30 considered at the tim
VI altbough in the absence Of any such eIab
IA discussion a. has been displayed in Il
psnt case.
3 shall, however. proceed TO ex.m;,
4 question again. II & nov conceds
authsatic survey, that Deadwood =,
- Icy. within the limits prescrib
eeele llsof the Aforesaid treaty with I
49, tosvit: tie treaty Of Isl
sAs prssident on the 2lth
sslalsy dnssib,d s. ,rti
3llyM6s dalsolsss and vad
pa&ao ~ thoee Indis
ENTHUSIASTICALLY agroed n