The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-06-15
GRAZING LEASES GOOD
Notwithstanding the Doodle
Alleged in the Case.
VICTORY FOR CATTLEMEN
Who VIII Be Permitted to
Stay Out Their Terms.

Guthrie, o. T, June 14-CspeciaL)-
A special from washington says that the
assistant attorney general has rendered
a decision on the case involving the leases
Of the. Ponca pastures now helf by Will
lam F. Smith, Frank Witherspoon, Isaac
7. Pryor, and Julian II. Morris. The pas
lures embrace 10, 900 acres and the leases
were given in March. 1888, to run for
period OF three years at an an annual
cash rental of ST, 600, and repair all fences,
erection Of new fences and Of water tanks.
The case grew cut Of the action Of Isaac
Sharp. agent at Ponca agency, in accept
ing 1.5Oo from the lesses for approving the
leases. The attorney general goes into
the history Of the case, and states that
after Shapes approval, when the leases
were sent to Washington, the secretary
declined to approve them, as then drawn
and insisted on an increased rental. Inc
lesses were compelled TO Increase their an
nual rental s., 333 and upon this being
done the leases were approved. The
lesses were not molested after the dis
covery Of the method employed OF OBJ
tanning Sharp's approval Of the leases
and were required to fulfill their agree
nents and the repair and construction OF
fences, etc.
In the opinion rendered by the assistant
attorney general, which bears the -ap-
provaI of the secretary Of the INTERIOR
the facts relating to the bribery OF Agent
Sharp are fully set forth, including the
affidavit Of Henry Z. Asp, describing IN
detail the circumstances Of the bribery
The opinion holds that as general rule
q contract or lease, thus fraudulently Cd
tanned. is for that reason subject 10 res
cisfon and cancellation by the party upon
whom the fraud is practiced and that the
fraud does not make the contract or lease
absolutely void, but only voidable.
After quoting from several text books
and authorities, it is said that the right
to void a cont ct fraudulenty obtained
may. after full notice Of the fraud, be
waived. and the contractor be rathed or
confirmed, and that under these clrcuIn-
stances the delay Of taking steps to void
the classes, the demanding and receiving
Of the rent money, and after receiving full
knowledge Of the fraud and subsequently
permitting the lessees to continue IN the
use and occupancy of the pastures, and TO
fulfill their agreement respecting the
fences and water tanks, show waiver OF
the fraud and an election to adhere 70
the leases on the part Of those who by
law are charged with the supervision and
rnanagement of Indian affairs.
Charges were made that the lesses had
Of 10 leases
been cutting green and growing timber
from the pasture lands, and this matter
is referred back to the Iadian agent for
complete investigation and ascertainment
Of the facts.
Guthrie. O. T, June 14-(SpeciaL)-A
cording 10 the Ponca City Courier the at
torney general has rendered a decision il
the case Of the Ponca and Otoe pasture.
which leaves them to stand as Majo
sharpe leased them two years ago. The
pastures are leased by Tonk Smith, Franl
Witherspoon. Ike Pryor and J. II. Morris
There are IS5. 900 acres in the pastures anC
they run from March II, 1898, for a perioI
Of three years. at q rental of Sllloo Pc
wear. This was increased s.. 1888 ate
an investigation, and was allowed to run
The attorney general holds that while
there was fraud in securing the contracts
the government, having paid money afte
knowing this and raising the price of tn
lease. 1t is bound to complete the co1trac
and the pastures vii lremain until tn
expiration Of three years in the hands o
the above-named parties. Agent Jensen
will be instructed to investigate charge
% timber cutting against present lease
hOI5ers