The St. Louis Republic., 1900-12-11
Supreme Court ReverSes the Decree
of the Court of Claims IN an
Important Ruling.
FAMOUS LEASED LANDS" CASE
Apncal of Choctaws and Chicka
SAWS piSmisScd-Wi ichitaS and
Affiliated Tribes VIII Recover
Under Terms of Treaty.

The Republic FnrHau
18Th ST and FcnnSvlNanta Ave
V-,.bipctor pec lo-Inr United States
Suprcmc Court to-day rendered an opinion.
thraugh Mr. Justice Harlan in the cases al
tb,. Choctaws Chickasaws and WichitaH, hp-
ncalcd from the United States Court "'
Claims.
I, NAV be recalled that some six weeks
ago a St Louis paper printed forecast
of the cpiuion of tn, supreme court IN TINS
important matter. stating that tn" de'Ie'
nf the Court of claims would hc affirmed.
on the contrary, this court unanimously
rryers.s tn, Judgment of tn" court below
The cases substantially. ar" these:
In 1891 there WAS an agreement between
th, United States and the Wi"hitaS ana "i-
fiIiat,d hands whereby those Indians ced"d
! to the I-nited States the Wichita rescrr'-
tinn. That agreement WAS ratified by an
act oF Congress and. in consideration "i
This ,csSiou by the Indians. the hHri
States agreed Ia assign {" them. IN scN' al
~ TO acres Of land: and. in addition the
Indians were entitled To proper romp"nSi-
tion for the sale Of such of TN" IannS as
were not reserved for allotment
IL Was agreed that thu question oi TINS
compensation should he referred 10 cong
reSS.
The case is one of great importance To
VIII be disturbed by the judgment i'i""r'n
to-day.
Tie case affects tract Of land in okla
homa, known as the Wichita Reservation.
or LEASED land" embracing 'i5.--'' acres:
The decision turned upon the construction
TO be- put upon the language If the treaty
Of 1866 by which these lands were ceded To
the United States.
Decision of Court of Claims.
Tie decree of the Court Of Claims recited
that 10y treaty. the lands We're acquired by
the United States IN trust for the settle
mcnt of the Indians thereon, and IN trust
for the benefit of such claimant Indians
when the trust shall cease.
II WAS adjudE"tl, then, To have been heri
| for s.ttlcmen; of the Indians. and when
that purpose was abandoned. in whole ar VI
part, then all the lands not devoted To In
dian settlement should he held in trust 10y
the United States for the th"ctaws ana
Chicasaws exclusively. Also, that members
of the Wichita and affiliated bands. not "N-
ceeding l,06u. were entitled to 100 acres
each of the lands in dispute; and. further,
that tn. thoctaws and ch!rEasawS were. N
law and equity, entitled TO and Mere the
owners of such of the lands ceded as re-
manned after satisfying tho provisions Tor
| sale thereof, 10y the United states. the In
dian plaintiffs should be entitled to ana -
ceive the proceeds of such sale
From this decree, the United States and
the Wichitas ana affiliated bands. and th"
'hoctaws and Chickasaws sevefally al
pealed.
'
The decree must be reversed with direc-
ti"uS TO dismiss the petition of thu 'hoc-
r:iw and Chickasaw Nations. and to make
such decree in favor Cf the Wichita anu
affiliated bands of Indians. fixing the
| amount of compensation to be made To chem
| on account of hands N the Wichita Res
ervation not required for the allotments IL
r.cted by the act of Congress. as may be
| consistent with this opinion and law.
The opinion Is very bulky. covering ihftS-
| five printed pages ,
This colIri holds that the treaty Of 1865
was an absolute. cession to IN. United
States of the lands IN question; and since
that date the choctawS ard thickasi,wS
have had no interest in the lands IN hiS-
yuta. and, therefore, could have no concern
! in the questions that have arisen between
the United States and the Wichitas as to
| the disposition of these lands; that, I'M
der the agreement of June 4. 1881. between
| the United States and the WichItas. the lat
| ter ceded to the United States. without any
reservation whatsver 'nsir claim ana 'itie
| Analysis of the agreement.
This agreement showed that. in addition
| to the aiotments of lands therein provided
: for, the Wichitas and affiliated bands under
/ stood that further compensation In money
! should be made for their possessory rights
| in excess of that required for allotment; II
was aIso agreed that the question of what
sum should he paid them should he sub
mitted to Congress. Its decision thereon
| should he final and binding upon the Indians.
provided that If any sum WAS allowed by
| Congress IT should he subject to re'iuc-
| ton for each allotment or land In excess of
1
! of any that might he allowed by congress.
| at was further agreed in 1891 that there
! should be reserved tu these Indians the right
| to bring against the United States any and
| every claim that they may believe they
| have the right to prefer. save and except
any claim To the Wichita Reservation.
| The relief asked by the Wichitas was
| that the petition of the Choctaws and
ChickaSiws II" dismissed, and that II be
| decreed that they were entitled to the pro
| CeehS Of the Sale- of all the lands Involved
| in th. case. to be paid them from time to
| time, after being deposited In the treasury.
| a- required by law
| '.Tht. Court of Claims having decided that
| the choctaWs and chckaSaWS Were entitled
To such of the lands of the Wichita RcserVa-
! tion as remained after making the allot-
| ments required by law. the only relief given
| them by the act was to adjudge that the
| members of those tribes were entitled tO
! 100 acres of land out Of the lands In dis
| pute. to be set apart for them by the United
| States, having due regard for any improve
| ments made thereon by them. respective
| ", for their permanent settlement.
| ''Of this decress the United States does
| not complain. but the ChOctaws and ChiCk;L-
| saws do complain of II. 81 far 1t assigns
100 acres of land to each member "f the
| Wichitas.'