The Langston City herald., 1900-01-27
LEASE QUESTION
. IN THE INDIAN TER.
Secretary Ofthe Interior Makes
Important Ruling.
THE FEDERAL COURTS CON-
TROL.
Have Executive Jurisdiction Over all
ths Lease Lands, Under tha
Curtis Act.


of the interior has given out ruling
that will in large measure settle the
lease question in the Indian Territory,
and the decision of the secretary in
favor Of the lease holder. 1t was be-
lieved that the Dawes commission
would have absolute jurisdiction over
the lease question in the Indian terri
tory, aud especially in the Choctaw
and Chickasaw nations, but such is not
the case, and he Dawes commission
have no more jurisdiction over lease
" alters i'll these nations than they
have over land titles in Texas.
The secretary Of the interior has
handed down a decision to govern the
Dawes commission and United States
Indian agent TO the effect that sec
ton 5 Of the Curtis bill is the law in
the Chcctaw and ChIckesaw nations aa
iii the other three nations Of the In
Iudian territory and that the federal
courts Of the Indian territory have
exclusive Jurisdiction ever I'll lease
lands end title questions
The attorneys Tor The citiz .ns wko
seek to oisFcssess the lease holders in
! the Chick aw nation claim that sec ion
3 of the Curtis bill, applies The Chero
kee and Creek nations as thsy have
made 10 treaty but that it conflicts
: with the ,Atoka agreement and there
fore it does not apply to /, ioIG iGSi"I,P- dq
saw and Choctaw nations - from tn,
sg refInen centsi1.ss1hi his clause: u2s9e?:'91i2hT ha
q The CTit5ci States shall put each al
J. lotee iii possession of his allotmer
r and remove all persons therefrom, Ut
& jfctiCn.ble to the a!IUtee."
| MANY Ct the non citizens holdin
" ioases in the live civilized tribe poss
essi0ns adpljed to the Dawes commis
sion for q ruling as to their rights. Th
@ Dawes commission in turn referred
{ the complaints to the Indian agen
Il at Muscogee. The Indian agent he'll
V that on January / 1900, all leases il
I tie Indian terrltoty expired, aud tina
t ciiz 3ns demanding possesson Of ther
= land could have il, and 1hatl ne lease
9 hol0er must vacate, Improvements o
I no improvements. A great many O
the e-holders moved out of the tel
Titory aud those remaining took tn
matter up TO the secretary Of the in
terior. ard from him obtained the rul
ing hat section 3 of he Curtis bill
tue law governing these matters al,
that the lease holder may hold hi
lease claim until he disposed througI
due process of law. This in man
cases, will mean that the lessee ma
hold his claim indefinitely, and il
many cases the majority in fact, th
Q Indian citizen cannot make a COS
:. bond to have the lessee removed ant
4 canUot get into court.
2 The ruling was expected to apply t,
9 the Geek and Cherokos nstiors, bu
{ it wGs surprise that it was stretched
T. over the Chickasaw aud Choctaw ma
8 tions as we'll, and it will be carried tt
: the higher courts by the citizens i,
/ the Chickassw and Choctaw nations
The United States government il
!, bound by the Atoka agreement to pu
3 the Chickasaw and Choctaw allottee
? in peaceable possession of their allot
Q ments and this caunot be done with
? out the lessees are removed, and j
! the lessees choose to hold on unde
) the ruling of the secretary of interio
they can do SO indefinitely or unit
: his ruling is reserved,