Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1883-07-13
LEASE OF THE srRIp.
The Document in Full, as Signed by the Direc-
tors and Chief Bushyhsad.

by aad between Dennis w >Bushyhead,
Principle Chief of the Cherokee Nation, for
and OH behalf Of said nation, party OF the
first part, and Z. NJ. Hewins. j. w. Hamil-
ilton, A. j. Day. s. futile, NJ. Fl. Bennett,
Ben s. Miller, A. Drnmm. L. w. PAYNE
and Charles ii. Eldred, Directors in trust,
for and on behalf of III. Cherokee Strip
Live Stock Association. Il corporation err
ginized and existing under and by virtue
of the laws of the State of Kansas, for them
selves as directors in trust, their SUCCESSORS
in trust, and assigns, parties of the second
part, witnesSeth:
That the said party Of the first part for
and in consideration Of the rents, covenants
and agreements hereinafter mentioned, re-
served and contained on the part, and in be-
half OF the party of the second part, and
their $; cceSsOrs in trust, and ASST gus. 10 be
well and faithfully kept and performed,
doth by authority of Law in him vested. as
Princip i Chief, by and through an act of
the National Council, which said act is en-
titled, An Act to amend an Act to tax
stock grazing npon Cherokee Lands west
west of the 96th meridian approved i'm
special session May 18th, A. d., 1883, which
said act Is specially referred to, and made
part of these presents, does by these pre-
scnts. lease for grazing purposes only, I'M
to the aforesaid E. NJ. Hewins, j. w. liam
ilton, A. j. Day, s. Tuttlc, NJ III. Bennett.
Ben. 5. Miller. A. Drllmm, Z. w. PAYNE
Charles III. Eldred, directors i'm trust as
aforesaid, their SUCCESSORS and assigns, oar
ties of the second part, all and singular, the
unoccupied lands of, and belonging to the
Cherokee Nation, being and laying west
of the Goth meridian, and west Of the Ar
kansas river, not including any portion oc-
1to.lu II. Il n - n
POncas, NeZ Perces, Otoes and Missouries.
Osages and Kansas Indians, or the Salines,
set apart to be leased separately under act
of Congress, approred August 7ih A. d.,
1882. as hereinafter set forth; the said por
ton herein leased for grazing purposes
poses containing six million $4,000, 900
acres) of acres of land, more or less, and
laying east of the one hundredth meridian
| Goo meridian) and the said hercinbefore
named parties Of the second part, their sue
cessors and assigns, shall, for the purpose
herein set forth, have and hold the above
mentioned and described premises from
and after the first day of October. one
thousand eight hundred and eighty.three
tlSS3) for, and during the term of five years,
thence ensuing from said date, subject to
the qualifications, restrictions and forfeit,
urcs, hereinafter provided for, and upon
yielding AID paying for the same, the
amount of money as hereinafter provided
for. Aud the parties of the second part,
the slid E. Nj. Hewins, j. w. Hamilton. A.
j. Day, s. little, NJ. III. Bennett, Ben. S.
Miller. A. Drumm, E. w. Payne and Char.
les ii. Eldred, directors in trust. as afore-
said, hereby covenant and agree on behalf
OF themselves, as srch directors in trust for
said Cherokee Strip Live Stock Association,
their successors In trust and assigns, and
not otherwise, in consideration hereof and
OF the leasing aforesaid, to pay OH the or
der of the Principal Chief aforesaid. into
the Treasury of the Cherokee Nation. at
Tahlequah. Indian Territory, yearly. and
of each and every one of said five years. the
annual sum of one hundred thousand dol.
lars (SlOO,OOO) lawful money of the Uuitcd
States, the same to be paid in two equal,
semi-annual payments. to be made, and so
paid in advance, to wit: on the first day of
October and first day of April, in each and
every year during the term. Provided al
ways, and is further covenanted and agreed
between the said parties hereto, that If tie
said semi-lilnual payment in advan CT or
any part thereof shall remain unpaid after
the expiration of thirty days after the date.
the samc shall become due as herein agreed
to be paid, or If drftI Ii shall be made i'm
any OF the covenants herenbsfore or here
matter set forth, or as contained and re-
quired by the act of the National Council,
approved May 10th. A. D., 1888, as afore-
said, on the part and in behalf of the said
parties OF the second part, then and from
thence forth it may be lawful, and is agreed
that said Principle Chief, or his successors
in Office may declare this lease to be forfeit
and ann'lled, and the said party of the
first part may enter into and resume pos
session of til. premises herein leased
And it is further agreed. in accordance
with said act of the Cherokee Council, that
IN case the lands herrinbcfore described. or
any part OF them included in the terms of
this lease. shall be disposed of under pres
ent existing laws or laws hereafter to be
passed by the Congress of the United States.
by the said Cherokee Nation, that OH the
party of the first part giving six months
notice thereof to the party of the second
part, that then and in that event, the terms
and conditions of this lease, and the lease
thereof shall terminate, on the expiration
of the said six months from the date of
said notice, To all or any portion of said
tract of unOccupicd Cherokee land. thus
sold or disposed of, and the parties to whom
the said lands or any portion of them
should then be disposed of or sold to, may
enter into and take possession of the SINE,
bit then, and in that event the said party
OF the second part, their successors and as
signs. shall not be chargable with rent on
the lands so sold, but shall be allowed a
rebate OH all subsequent payments made on
account of this lease at the rate of one and
two thirds (li) cents per acre per annum
OH the lands so sold or disposed of.
Further, it shall be the privilege of said
party of the second part, their Successors
and assigns, too erect on said lands sIch
fences, corrals and other improvements as
may be necessary, and proper, and con-
venient for carrying on their business, and
and for utilizing said Lands to the purpose
for which they are leased.
And in cIse this lease shall be term.nat-
ed as to All or any part Of said lands, by the
proposal of the same as heretofore provid-
ed and set out, the said party of the second
part shall have the right to remove all ofSlid
improvements. fences and corals eNcapt
sch portions thereof rs may be made from
the timber or other property of the Chero-
kee Nation, or timber which has been OBJ
tanned from the aforesaid tract.
Ii shall further be the privilege of said
party OF the second part, their successors
and assigns, to cat from the territory here
in leased, such timber as may be necessa-
~ for building the fences, corrals and I'M
provements heretofore authorized to be
erected on said leased premises, aud TO cut
from said lads such timber as may be
necessary for firewood and fuel, bIIt not
otherwise, and to commit no waste there
on.
And the said party OF the second part
doth further covenant and agree with the
said Dennis w. Bu,shyhead. as aforesaid,
and rs parts and conditions of this lease
or contract, well and truly, and without de-
dIIction or delay, to make all payments as
required in the foregoing, IN tho manner
limited and prescribed; and in case Of any
failure as aforesaid, the said party of the
second part agrees that they will peaceably
surrender the premises herein leased, and
all improvements and erections theron.
And the said party of the second part, their