The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1900-01-07
BLEDsOE ON LEASES.
DISCUSSES PREVAILING c0NDI.
TONS IN THE TERRITORY.
And Concludes That Good Faith on the
Pert OF Leeseholders In an Element
In the Situatioa-Says the Laws
Are Not In Confiict.
To the ARDMoREITE:

or great deal or apprehension anu
alarm on the part of the people gen.
orally. am not disposed to consid-
er the, question as particularly
fraught with danger TO the interests
of any particular class. Many times
before che people of the Indian Ter
ritory have had to confront condi-
tions that were apparently fraught
with as much difficulty as is the.pres-
ent situation, butt would be difficult
at the present time to find anyone
who really suffered from these situa-
tions that were, at the time. regarded
as very serious.
Reverting to the condition of the
non-citizen leaseholder in the Indian
Territory, find no special cause OF
| alarm because of the fact that all of
the agricultural leases are declared
void after January I, 1900. and of the
provision in the treaty that each al
lottee shall be put in possession OF
his allotment and remove all obiec-
tionable persons therefrom.
Section of the Curtis bill provides
that where a non-citizen is in pos
session of lands mot exceeding
100 acres) under an agreement,
lease or improvement contract, he
may, in defense of any action that
may be brought to recover possession
thereof, set up that he has made last
ing and valuable improvements there
on and that he has not had the use OF
said land for q sufficient length of
time to compensate him for such i'm
provements. He id then entitled to
an accounting, and if it shall be de-
termiued that he has not had the
use of the land for sufficient time
to compensate him, the court shall
ascertain the excess in value of the
improvements over the rents, and if
such amount is not paid, shall award
him possession of the premises for
such time as will compensate him
for such excess in value. of improve
ments over the rents; but if it should
be found that the value of the rents
exceeds the value of improvements,
then judgment shall be rendered
against the tenant for the amount
which the value of the rents exceeds
the value of the improvements.
In my judgment this provision is
not in conflict with any part of the
Atoka agreement and is therefore as
binding upon the courts as the treaty
provisions themselves. 1t is said the
department of the interior contem-
plates wholesale removal. / do not
believe this. Whatever may be the
power of the secretary of the inter-
ior to make such removal, do not
believe this power will be exercis-
ed, except in particular instances.
until it becomes necessary for the
government in fulfllment of its
treaty stipulations to put each allot-
| tee in possession of his allotment
| and to remove all Objectionable per-
sons therefrom. But suppose the
Indian land lord concludes to invoke
the aid of the secretary of the inter-
ior in acquiring possession of lands
from a tenant holding an unexpired
lease. He lodges with the secretary
of the interior petition for the re-
moval of such person, and this petit
ton is in the nature of a complaint
at law, upon which he would base
his action if he invoked the aid of
the court to accomplish the same
purpose.
The language of section 3, is that
such lessee" may as TO the lands, not
exceeding in amount $50 acres, in
defense of any action for the pos
session of such lands" etc. Is not
the filing of the petition with the
secretary of the interior as much an
action for the possession of such
lands within the true intent and
meaning of the language in this act,
as is the filing d complaint in the
courts? 1t may be objected that it
was not contemplated that this sec
ton was intended to apply to
proceedings before the secretary of
the interior, but in answer to this it |
may be further said that it was not
contemplated, by the provisions of
this act, that the secretary of the in
terror would be called upon to ex-
ercise this Jurisdiction. Wherever
the Jurisdiction, under this section,
may rest, whether exclusively in the
courts or currently with the courts |
and the secretary of the interior,
the procedure and measure of COM
pensation, in my judgment is the
same, and is fixed by section 3, of |
the Curtis bill. / am reliably in
formed that in case of this nature, in
the Northern District, on a COM
plant filed with the Indian agent,
that this is substantially the course
that has been pursued by the inter
ior department.
In my judgment the question is
shifted from one of whether the
lease has expired, to, how have you
complied with your contract, and
how well have you improved your