Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-07-06
THE INDIAN LANDS.
The Attention of the Governm emit Called
to the State Of Affairs in
the Territory.
The indians Powerless to Dispose Of
Their Lands Without the Con-
sent of Congress by Treaty,
All the Existing Leases Made by spsou.
lators Without the Authority Of
the Law.

WASHINGTON, July Secretary |
Lamar has received letter from Gen.
McCook, ex-governor OF Colorado,
relative TO the power of the govern
ment to prevent illegal occupation OF
lands in the Indian Territory. The
writer asserts that the law re-
quires that the secretary OF |
the interior has full con-
troll OF the Indian affairs |
under laws subject to direction by the
president, that certain contracts may
be made by individuals with the In.
dams relaGive to services in procuring
the payment of claims, but that
No AUTHORITY ENGsrS
| for making contracts of any
other kind, and II made they
are null and void, that no |
purchase, grant, lease or any other
| conveyance of land or claim thereto |
from any indian nation or tribe of In
dams, shall be OF any validity in law |
or equity, unless the same shall be |
made
BY TREATY OR CONVENTION,
entered pursuant to the constitu- |
ton; that only the United States can
make any contract with any Indian |
nation or tribe affecting lands, whether
by purchase, lease or otherwise, and
that the United states can do so only
by formal agreement, and that the
president may employ the military to
remove trespassers
FROM THE INDIAN LANDS.
Gen, McCook substitut As the above
points by citations from the Revised
statutes and declares that the United
States can make agreem ents respec T.
ing the Indian lands only with the
indians themselves, and not with
third party, and only with the In
dams by an agreement ratified by
congress. Notwithstanding
THE POSITIVE PROHIBITION OF THE
LAW
against the leasing or conveyance OF
lands by the Indian trib g. substau-
TALLY all the lands in the Indian Ter
rltory set apart for exclusive Indian
!, occupation, Gen. McCook says, are in
possession of white men under lease OF
r the Indians, WIN had no power to
lease, and with the tacit recognition
of the department of the interior,
UNDER A FORMER ADM NISrRATION,
4 which he believes had no power to
recognize or to assent TO any such lease
: or possession.
The following is given as a partial
- list OF the parties in occupation of such
lands In the Cheyenne and Arapahtot
!. reservations In the Indian Territory
and the amount of land controlled anC
embraced in their designat sd bounds
ries:
;, Hampton n. Denmark OF Washing
ton, ID. c., formerly a member of the
: Kansas state senate, 575, 900 acres.
,. Edward Fenton OF Lesvenworth
Kan, aud VIM. @. Maltelly OF Cald'
well, Kan, each 564 500 acres.
Robert A. Hunter of st. Louis, 800.
900 acres.
Albert J. Evans of st. Louis, 456,
!. $50 acres.
y Lewis NJ. Briggs OF Muscatine, Kas
Jesse T. Morrison of Darlington, /
t., l3S, 240 acres.
81 81 Unknown parties leasing October
10, 1884, Sl4, 900 acres.
- Total to the above parties, $3.50 ,52C
acres.
Briggs, a member Of the Kansas stat,
senate from 1881 to 1885, and T. NJ
= Hewis and others, In trust for tn,
Cherokee Strip Live Stock asso citation
Kansas corporation, leased for fv,
years from Oct l, 1853, {, 900, 600 acres
being all the unoccupied lands con
veyed to the Pawnee, Ponca, Otto
Missouri, Usage and Kansas Indians
for one and two-third cents per acre
If the Indians had the power to make
&, leases, and IL the interior department
had the power To assent 10 them
what can DE said of such an execution
Of public trust, supposed to he ere
ated for the purpose Of protecting
INDIAN RIGHTS AND INTERESTS,
V as the acquiescence In lease Of lane
for term OF years at q rental which
is nothing more than nominal? II
that the way the government Of tn,
United States should care for 10,
-, wards? If such leases were legal, 1
~ the authority existed to make them
- then would still be obtained from the
Indian ward, with the assent OF thu
guardian, valuable property rights anC
privileges for a pittance. If the legality
Z. OF the leases were doubtful they SHOULD
not be permitted the countenance o
al an administration pledged to set II
face against corruption, collision ant
wrong. Being as they unquestionabl,
49, are, we hold, unauth IriLed and lille.
gal, as we'll as impr0vldent
| should there be an instant
hesitation 10 discovering 4 them
and in the summary exercise OF tn
government In dispossessing the hold
ers under them?
% Continuing his argument declaring
the illegality OF the leases, he say
both under the common law and tn
enRctments OF congress all parties
"A OTHER THAN INDIANS
", occupying these lands are trespass ere
The Intention OF the law setting apar
the domain was that 1t should be en-
o,l joyed by the Indians for the purpos
Of making of them civilized homes
encouraging them In habits OF indus
try and improving their condition
The actual facts are now, instead G
90 the Indians possessing and eDjoyin
90 the benefits designed for them, thei
1V country Is overcrowded
on WITH sPECULApoRs AND ADvENTUH
IN Frs
On of every degree, who have despoile