The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1892-04-29
The lille 10 HE STRIP.

KANSAS CITY, April 2S.-On "A promis-
sorry note for 81 500 there was tried yester-
day in the circuit court, before Special
Judge c. o. Tichenor, a case which *
almost of national importance, anc o 2
that WILL without doubt, be carried to L 10
highest courts whichever way the trial
Judge may decide. The case is that of the
Cherokee Strip association against Hall
Bros. OF this city and the firm of Pryor
Bros, ranchmen, for the collection of y
note given IN payment of rental of o., 600
acres of land in the Cherokee strip. This
case is merely test, and on its issue will
depend the bringing of others aggregating
Rbout $4,000. After hearing all the evi-
dence in the case, which was but very
little and receiving copies OF countless In
dian treaties and contracts, Special Judge
Tichenor took the matter under advise
ment, and 1t will probably be three or four
weeks before a verdict is entered
Apart from its legal aspect, this case is
of much popular interest, as in the trial
yesterday the question raised was the
right of the Chsrokees to the land they
now occupy at all: whether it is theirs in
fee simple or only by possession. The
plaintiffs held TO the fee simple claim, and
the defendants insisted that the Indians
were only occupying their lands BY right
of possession. In support of both sides
opinions of Assistant Attorney General
Shields and Secretary Noble, aud the pro-
CARNATIONS of Presidents Cleveland and
Harrison, were introduced as evidence. all
of which incline to the opinion that the
Cherokees have no fee simple interest in
the land. On the other hand, the opinion
rendered by Judge Brewer while on the
Kansas bench, in the case of the state
against Hunter, WAS introduced to show
that the Indians were absolute owners of
the land, with the right to do with il AS
they pleased. lt is with these various and
seemingly conflicting opinions that the
trial judge has now to deal
In the year 1885 the Cherokee Indians
entered into = contract with the Cherokee
Strip Live Stock association whereby. for
a stipulated sum, the association was TO
acquire lease TO a certain portion of the
Cherokee country. This lease was COM
pleted, and in the year 1888 another lease
for five years was made. The members Of
this strip association were ali rNnchruen-
aud their IDEA of leasing from the Indians
was 10 gain control OF the country. and
then sub-iet IL among themselves at
the same rental per acre as they had con-
tracted to pay the Indians. BY this means
all interfering cattle were kept out and
immunity from Intrusion from outside
ranchmen assured. Among those who
sub-lesSed from the association were the
defendants In this case. Hall Bros. and
Pryor Bros. They leased %, coo acres for a
term OF 1--WE years. As was customary
notes were drawn up in advance covering
payments for the eutlre period of lease in
Six months inStallmentS, and as these
notes became due they were put in a bank
and collected. Ii is on one OF these notes
that suit Is now brought.
Evidence was introduced TO show that
il was customary among the cattlemen on
the strip TO deplete their ranches in the
fail, ana stock up again in the spring IL
was shown that following this custom
the defendants IN the fall OF 1887 shipped
to market and elsewhere almost all OF
their stock. but that before they had time
10 stock their RANGE again the following
spring President Cleveland had Issued his