The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-07-12
FIRST Of ITS KIND
Ruling on Townsite Rights in
AllotmentS.
FAVORING THE ALLOTTEE
Vigorous Language Employed
by Judge Townsend.

Ardmore, I. T., July u.-Judge Hosea
| Townsend has rendered decision in the
MadiIl townslte case-the first ruling in
any Indian Territory court on the aIlot-
ment townsite law. The decision affects
hundreds of holdings of the Chickasaw
nation and many towns along the Frisco
railway extension from Sapupa to Deni-
| son. The decision sustains the rights OF
theIndians TO build towns on their pros
pective allotments. 1t is an interesting
decision and is as follows:
"Of course, we all understand that the
| conditions existing here are very anoma-
| Ious; that is with reference to titles and
! the acquisition of titles, the rights of pos
| session and all that sort Of thing. 1t Is
my opinion that the object and purpose
Of the Atoka agreement and the Curtis
act are simply to provide means for
| the winding up Of the affairs of these In
| dian tribes. In other words, they are in
| process Of liquidation, as I understand
it, and the purpose is to take the title
out of these tribes and to put the titles
| into the different individual members Of
TIE tribes, and then TO allow these mem>
bers in certain years to sci, or on certain
terms and in certain manner to sell
and pass a fee simple title
''An of the land is to be divided up
equally, pro rata, according to its value
except two townsites that were existing
at the passage Of the act. I think that IS
made clear in the statement with refer
ence to the TOWNSHIP commissioners and
what power they have and what they
can do and what towns they are to OPP
crate upon; and then the oil and the as
phalt, and the soil, perhaps were re-
served to be leased by the government,
the royalty to be paid to the United
State, for the benefit of the tribe.
"At the same time they allow, as they
have prior TO the passage of these laws,
the individual Indian to have the right
Of possession to certain property, and
now he is supposed to be confined to
what his approximate share OF his al
Iotmeut is, until the allotment is actually
made and takes place.
fWell, there is an individual Indian,
in possession of his allotment under the
law--that is he is in possession Of such
an amount of agricultural and grazing
lands as would be an Approximate share
coming TO himself and wife and children.
Now, when he is in possession of that,
what can he do with it? He has the use
of it and is entitled to receive the rents
thereof. That certainly contemplates his
renting that property. Now, is there any
limitation as to how he shall rent IT?
Whether he shall rent it in lots, blocks
or in ten, fifty or hundred acre tracts.
Is there any limitation nhis authority?
don't know Of any. If he has the right
TO rent it. why can't he rent il for any
purpose that is not a violation Of law?
"He is given the express right to rent
that property, and now what do you gem
telemen ask me to do? You come in here
and say that you ask me to stop him by
injunction from doing that thing which
under the law he Is given the right to do.
Isn't that exactly what you are asking?
If he has the right to rent that property.
why should he be enjoined by any court
from doing it? I can't understand why.
Is there any prohibition against his lay
ing It out into streets and alleys and
blocks and lots?
81 don't know OF any prohibition. If
there is under the intercourse acts, posso-
bly, he can be sued and the penalty re-
covered. If he can be, and the inter-
course acts are in force and he violates
them by renting and receiving the rents
and marking, etc, why, then the law
furnishing a means to reach him for do
ing something he ought not to do. But
S that any ground from enjoining?
Isn't all this matter about Injunction
purely and simply imaginary? You sim
ply talk about towns being built up and
about what may happen in the event
certain things happen. I am to sit here
and enjoin because the government in q /
certain contingency, depending on some
other Contingency all OF which may never
exist in the world, may have to bring
some suit to recover possession of the /
land. Who ever heard of a court OF |
equity being asked TO do anything of that |
sort?
Who IS encumbering the property? |
The man who has right to do it. From |
the way 1 look at it. getlemen, you are |
not entitled to any injunction. I may be |
wron, but that is the way I look at it |
I am perfectly willing to refuse the IN |
junction and dismiss the bill and let you |
appeal and go TO higher court and see |
If you can get another injunction there |
or take any course you see fit
II most emphatically hold that there |
is no Limitation to the renting"
r. Q. Childs Of Peoria, H., makes : /
suggestion OF great value to everyone. I
'Besgs' German Salye Is the best general
household remedy made" It cures cuts.
burns. scalds. old sores, all skin dis I
eases, and is the ONLY Pile cure that
never fails to cure permanently J. p
Allen, Dockum & Higginson. Geo van
VVa~s.,