The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-01-16
ON INDIAN LEASES
Validity of Reservation Con-
tracts in Test.
HANDS DOWN DECISIONS
Appellate Court Hears CoWIey
County Case and AdjOurns.

The court of appeals closed the session
Sf the January term and handed down a
humber of decisions yesterday.
The case of George T. Hume. plaintiff
IN error. VS.. c. T.-Atkinson, defendant in
error. from Cowley county, was the prin-
cipaI. case yesterday. Mr.. Hume is a cat
tleman and lives in Texas. and Mr.. At
kinson is ex-county attorney of Cowley
county. Mr.. Hume was represented by
c. i. Brown Of Winfield and Mr.. AtlIin-
Bon by Attorneys Adams & Adams of this
CITY. The case involved the right OF
leasing Of lands in the Kaw Reservation
in the Indian Territory and the sale OF
about 1000 bushels Of corn growing upon
the land occupied by 4 party in the terri
tory 1t appeared that Mr.. Hume had
purchased the corn that grew on the leas-
ed premises and that the party Of whom
he purchased had transferred his claim
to Mr.. Atkinson, who recovered judgment
against Mr.. Hume in the lower court. MI
Hume's attorney, Mr.. Brown, claimed
that the person Of whom Mr.. Hume pur-
chased the corn had no lease for the land
upon which thecorn grew. as provided
by the several acts Of congress, and was
a trespasser upon the land, and that Mr..
Atkinson had no greater right than the
party from whom he received the claim.
John Adams. who argued the case in be-
half Of Mr.. Atkinson, maintained that, al
though theparty from whom Mr.. Akin
son had purchased the claim may have
been q trespasser upon the land upon
which the corn was raised. even though
under the several acts of congress Mr.
Hume would not be compelled to pay for
the value of the corn received by him.
and that the question of the legality Of
the lease was between the government
and the person from whom Mr.. Hume
purchased the corn. and that the same
could not be taken advantage of by Mr.
Hume. and set forth authorities in SUI
port of his position. hence a judgment in
this case is watched with interest as to
the view the court may take upon the
question Of crops raised in the Indian
Reservations.
The following decisions were handed
down at o'clock this morning:
CENTRAL DIVISION.
NJ. f. Thayer VS.. Albert Honeywell ct
al. error from Harper county; reversed.
E. Rowland VS.. w. T. Thayer ct al,
error from Harper county; reversed.
The Missouri Pacific Railway company
vs.. J. A Prewit and Mary 1. Prewit, err
ror from Butler county; affirmed.
. - C
Midland Railway company, error from
Scdgwick county; affirmed.
Wichita and Western Railway company
". Henry Hart, error from Kingman
county; affirmed.
John T. Kine vs.. c. A. Bentley ct al,
error from Reno county: affirmed.
EASTERN DIVISION.
Greet Brothers vs.. Stella Brown, error
from Crawford county: reversed.
J. NJ. Courtney. receiver, Us. the city Of
Cherryvale. the Commercial National
bank Of independence, and Geo. r. Guers-
ney; error from Montgomery county; af-
frmed.
Urah DdI: IS. D. F. Dumbauld, error
from Coffey county; affirmed.
r. S. Lothcr VS.. Olive Campbell, error
from Franklin county; reversed
Edna Jones vs.. School District No. IA,
Elk county; reversed.
WESTERN DIVISION.
State of Kansas vs.. John Miller, error
from Pawnee county; remanded.
johnson Loan and Trust company vs..
George II. Burt and the State Bank of St.
John; error from Stafford county; affirm
ed.
Ed. z. Madden VS.. J. c. Walker; error
from Rush county: affirmed
Mary Lyle Us. John NJ. Ligenfelter ct
al: error from Finney county; continued.
state Bank of St. John vs.. Herman e.
Grover; error from Kiowa county; re-
yersed.
Atchson, Topeka and Santa Fe RAN
road company vs.. Solomon r. Dorset:
error from sumner county; remanded and
new trial ordered.
The Anglo-American Land Mortgage
and Agency company VS.. Ernest G. Hew-
ser: error from Pratt county; reversed.
The Glle Hardware and Iron company
vs.. Il. L. Edwards and w. D. Erwine;
error from Edwards county; dismissed.
John CuppleS and N. W. Rex vs.. the
Almo Irrigation and Manufacturing COM
pany; error from Hamilton county; re-
versed.
The Missouri Pacific Railway company
rs. Frank NcGrath; error from Greeley
county; reversed.
Independent Township. Barton county,
rs. Frodreke GJddner; error from Bar
ton co1tptX-. n fFirr,e5