Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1885-04-19
HARK TO HERALD
Angels Sing and Men Can Join
the Sweet Refrain
on Sunday
While Heavenly Voices Tell US
we May Rest Again
for Monday.
Legal Light on Indian Leases
Found to be Luny-The
Rifle Match.
A Comprehensive Decision.

n DsNh5fch'
In response to an inquiry regarding
the decision referred TO yesterday in
our article on leases Of public lands
We have secured a report Of the case,
which was the United States versus
Hunter" in the United States circuit
court, at st. Louis, Mo-, Sept. l6,
1884, an action TO recover a penalty of
81 900, under section 2,ll6 of the re-
vised statutes, which provides that no
leases or other conveyances of Indian
lands shall be valid unless made by
treaty or convention pursuant to the
constitution and that every person
not employed under the AUTHORITY Of
the United States who attempts TO so
negotiate is liable to penalty Of
81 900. 1t further provides, however,
that the agent of state may at any
convention authorized by the United
States treat with the Indians in the
presence Of and with the approval of
authorized commissioners regarding
the compensation to be made for such
lands as are in process Of negotiation.
1t was charged that the defendant,
not being an authorized agent of the
United States, attempted 10 negotiate
with the Cherokee Indians for the
lease of 100000 acres Of land for the
term of five years, for grazing pur-
poses. Said lease, appeared to have
been executed with the authority Of
the national council of the Cherokee
nation. The defendant demurred and
the question was whether inducing
the execution of such lease was u
violation of the statutes. The opinion
was quite extensive and was. in sub.
stance as follows:
The question does not necessarily
involve the validity of the lease, for
while the lease may be invalid IL does
not follow that its execution Is vio-
lation of the penal laws of the United
States. The section quoted should be
strictly construed. The words treaty
and convention used in the section,
generally mean compacts between
states aud organized communities or
their representatives entered into
pursuant to the constitution OF
course IL must be borne In mind that
while the Indian tribes and nations
and their lands are within the general
sovereignty of the United States, yet
the government has always recog-
nized quasi national existence on
the part of each Indian tribe, and has
uniformly dealt with these tribes by
treaty, so that this sentence emphati-
cally declares the invalidlty of any
purchase. lease or other conveyance OF
Indian lands except through the
means Of some public treaty. This Il
confirmed by section 4, Statutes al
Large, enacted in 100. Obviously, il
contemplates the casting Of penalty
upon one who assumes TO act for In,
United States, and, usurping an au
thor.ty which he does not possess, at
tcmpts TO negotiate national com
pact or treaty wich an Indian nation
But another clause denounces the pen
atty on every person who attempts I,
treat with any such nation or tribe q
Indians for the title or purchase o
any lands by them held or claimed
This seems to refer 10 an attempt b,
private contract and personal arrange
ment to obtain the lands Of an IndiaI
nation. But what kind OF a privat,
contract IL denounced? Here IL refen
10 the title or purchase Of any lands.
Does this include mere lease fo
grazing purposes? I think not.
leasehold interest may he considered
for some purposes, title, and this Ia
common acceptance, means the full
and absolute title. for when we speak
Of man as having title TO certain
lands. the ordinary understanding !,
that he IL the owner Of the fee aud moi
that he Is a mere lessee, and, this be
ing a penal statute, nc
extended, no strained construction
should be put upon the words used
in order TO include acts not within
their plain and ordinary significance
That this Is the construction Is sus
tanned by the section Immediately FOL
lowing, which reads: Every person
who drives or otherwise conveys any
stock, or horses, mules. or cattle, e
range or feed on any lands belonging
10 any indian tribe. without the con
sent Of such tribe. Is liable 20 n pen