The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1900-02-06
JJD4t TO6ajI6D on LASS.
CASE CA1E Up ON DEMURRER
TO DEFENDANTS ANSWER.
The Court ONerruIcd the Demurrer and
Referred the Case to the Master In
Shancers tor q Report on the Equ-
ties Presented By the Answer.

.
the opinion OF Judge Townsend III ,
the matter of Improvement con
tracts when set mp as defense to
ln action for possession. The de-
,ision is far reaching and will, If
sustained, affect a majority Of the
eases now pending for possession
of Indian lands. 1t affords ample
to the non-citizen hold
ing land under an improvement
contract:
In the United States Court for the
Southern District Of the Indian
Territory. at Ardmore.
Ola Finch. ct al, by next friend,
plaintiffs. V. &. W. Snider, defend
ant Opinion of the court.
TOWNSEND, j. The complaint al
leges that Plaintiffs are members of
the Choctaw tribe of Indians and |
that defendant is a white man and |
not member of any tribe of Indians
Plaintiifs allege .that they are the
owners and entitled to the immediate |
possession Of one certain pasture
containing two hundred acres of land,
5nown rs the Snider pasture, situat
cd in the Chickasaw nation,
southern district; that defend
ant has been notified in writing to
vacate said premises, put unlawfully
detains the same and therefore plain
tifs pray for Judgment for posses
sion The defendant for special an
swer to the plaintiff : complaint says,
that on the first day of April, 1896,
lie entered into Il written contract
with ". +. Finch, in which contract
defendant agreed to fence the lands
sacd tor aud build log house, crib
and stable, ard make tank for said
/ ". +. Finch, in consideration for
which said Finch agreed to pay de-
femdant on or before December /.
1896, the sum of two hundred dol
lars and providing further in said
contract, that if said sum of two
hundred dollars was not so paid to
defendant by said Finch, then de-
fendant was TO have said land and
improvements for five years for said
payment That defendant did build
the house. crib, stable and tank and
fence said land but Finch wholly
tailed TO pay defendant the said two
hundred dollars CT any part thereof
and defendant became entitled to
possession and use of said lands for
the term OF five years from Decem-
ber /, lS9t That said improvements
are ct the reasonable value of two
hundred dollars That the rents on
said land are reasonably worth twenty
dollars per year. That defendant has
received the benefit of said rents for
four years and that the value Of s. id
improvements exceed the value OF
rents and defendant asks Judgment
FOR possession and damages for be
ing uuiaw!uny disFossessed Of said
land.
Plaintiff demuvs to the defendant 5
answer on the ground that it sets
up no defense to plaintiffs action.
It is insisted upon the argument Of
said demurrer hat the provisions oi
what Is known as the Curtis bill
should be considered by the court
and ruling thereon is requested. Ii
is provided in section % Of said act
ot Congress that if the treaty between
the Choctaws and ChickaSaws anC
= the government OF the United States
known as the "Atoka Agreement, >
should be ratified as amended, "tht
provisions of this act shall then only
apply TO said tribes where the same
DO not conflict with the provisions Of
said agreement, +" and as it is insisted
that there isno conflict with the pro
visions of said agreement and the
, clauses OF said act in regard TO ag
ricultural and grazing leases, il
brings US to the consideration Of the
G provisions Of said act of congres;
upon that subject.
Section 3 of said act directly pro
vides when such leases shall be vciC
and when other such leases shall ter
inmate. 1t is as follows:
That all leases OF agricultural OF
= grazing land belonging to any tribe
4 made after the first day of January
: 1898, by the tribe or any member
: hereof, shall be absolutely void, anC
ali such grazing leases made prior t
said date shall terminate on the frs
day of April, 1899, and all such agri
= cultural leases shall terminate Oh
: January l, 1890; but his shall no
| prevent individuals from leasing theil
h allotments when made to them al
provided n this act, nor from occu
pyiEg or renting their proportionatC
t shares OF the tribal lands until the
. allotmcnts herein provided for are
{ made.
The d 9fendant in this case, being ;
non citizen, and setting up in his an
G swer that he was in possession O
said lands under an improvement
8 contract, and has not enjoyed tn,
: possession thereof a sufficient length
| of time to compensate him for sucI
n improvements, insists that he is en-