Omaha daily bee., 1898-08-09
IMPORTANT CASE SETTLED
settlement Involving over n Half Sec
ton of Land in
South Dakota

CHAMBERLAIN, S. D., Aug. s.-(Spe-
cial. i'm the case OF Frank and William
Spalding VS.. Clyde Kinney and James w.
Sanford, involving a trife over a half sec
tion of valuable land in the Chamberlain
land district, the secretary of the interior
has Just rendered a decision that is of I'M
usual Importance, deciding, as 1t does, a
point that has long been in controversy
the exact time at which the REIMBURSEMENT
by an Indian OF an allotment takes effect.
The land involved in the case is especially
valuable from the fact that there is a nat
ural artesian well, or spring, upon it,
which, IL properly used, will furnish suffi-
cient water to irrigate the entire tract.
Willie Knee, a Sioux Indian, to whom the
tract has been allotted. relinquished in legal
form all claim to the land. and on Septem-
Der 8, 1895, the acting secretary OF the
interior accepted the REIMBURSEMENT, which
bad been executed August 2S, 1895. August
20 of that year the father Of the contestants
purchased Knees Improvements, consisting
Of a log cabin, corral, etc., and gave them
to his sons.
October %, 1895, the contestants rendered
filings for the land at the Chamberlain
land office, but the applications were re-
jected as being in conflict with the Indian
allotment. The contestants appealed from
this rejection. January s, 1896, under in
structions of the commissioner of Indian
affairs, the improvements of Willie Knee
were sold by the United States Indian agent
in charge of the tribe to which Knee be-
longed. AS a result Of the REIMBURSEMENT
filed in September, 1895, Knees allotment
was Cancelled on the records of the general
land office, January rs, 1886, and at the To-
cal office on January 29, following. Kinney
and Sanford made entries the same day,
Soon afterward the contestants commenced
proceedings to have these entries Cancelled.
After the hearing the local officers decided
in favor Of the claimants. The commission
ers OF the general land office reversed this
decision, but on review overruled himseli
and sustained the decision of the local office
TIL secretary of the interior, In his de.
cision, reverses both the commissioner and
the local office.
In the decision the secretary says that SC
long as the Indian allotment of the land ex.
listed, it was not, of course, subject to en-
try, but at the time October 20, 1885 Frank
and William Spalding applied to make theil
respective entries, the Indians relinuuish.
ment had been tSeptember 3. 1886 accepted
by the Interior department, and the Indiar
agent had been so advised by the commits.
sloner OF Indian affairs. 1t is true, declares
the secretary, that at the time the Spald
ings applied, the local land officers had no
been o~fhcially advised Of the action of tn,
department accepting the Indians relin.
quishment, and hence their records did no
show what was then really true, namely
that the land was free of the allotment. apt
therefore subject to entry.
The act of the Interior department In ac
cepting Knees REIMBURSEMENT was, decide,
the secretary, to all intents and purposes
Judgment directing the cancellation of tn,
allotment. and the order accepting the re
linquishment granted the Indian the priv
ilege of taking other lands. According t,
the decision of the secretary. a judgment o
cancellation takes effect as of the date rem
dered, and the land released thereby from
appropriation becomes subject to entry a
OF such date. without regard to the tim,
when such judgment is noted of record IL
the local Office 1t is therefore held tina