The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-01-04

RIGHTS TO
LAND UPHELD
Strang Says She Has Right TO
indemnity Lands.
HANDS OPINIONS DOWN
Advises That Matter Be Re-
ferred TO Washington.

OUtHItS, " l., jan S--Altorney GenerGl
Strang has handed down an opinion to
J. J. Houston, secretary of the board for
leasing school lands on the rights of the
territory in and TO indemnity lands in the
Kiowa Indian reservation. Some weeks
ago steps were taken by persns in the
new country TO contest the rights OF the
territory to these lands. 1t is a question
that has some puzzling situations in -.
and the school land board determined to
take steps if necessary to protect the
rights of the territory. Judge Strane
hoids that the territory has fuu rights
IN and TO the lands but advises that 4
orIeI be prepared. showing the territory :
case, and that the same be forwarded to
oIlciais at Washington. The opiniou rem
dered is as follows:
Guthrie. o. T.. Jan. 8. 'o2
Hon ]. J. Houston. secretary NJ The
board for leasing school lands. Guthrie
Oklahoma Territory:
Dear Sir: In yours of December 18th
you ask three questions. the first and
third OF which ] answered soon after The
receipt Of your letter. and stated TO vo,,
that the second involved more time tban
had to give to it at that particular
time. now come TO the second question
ana its answer. Your question is as fol-
lows:
" In view of the fact that contests have
been instituted. involving the rights OF
the territory in the lands reserved in the
hiowa reservation in lieu of lands leased
TO the territory in pastures and other
reservations, the board desires your opin-
ION concerning the rights of the terri
tory IN and 10 said lands. and further
desires your opinion as to what steps. If
any, it is necessary to take to protect its
interest in the lands
In answer to the first part of this
question. as to the rights of the territory
in and to said lands. / have to say that
1t is my opinion that the territory has
the same right TO said lands that it has to
any of the other lieu lands taken in the
new country. The contests are filed on
these lieu lan0s on the theory that the
$1,000 acres Of pasture lands do not
belong to the Indians. but that the use
of so much land is simply set aside to the
Indians OF the three tribes in common.
do not agree with this theory. Article
one of the treaty involving these lands
says: subject 20 the allotment of land I'm
severalty 70 the individual members of
the Kiowa, Comanche and Apache tribes
Of Indians in the Indian Territory and
as hereinafter provided for and subject
to the setting apart as grazing lands for
the said Indians. $4,000 acres of land as
hereinafter provided for and subject TO
the conditions hereinafter imposed. and
for the considerations hereinafter men
toned, the E<iowa. Comsnche and Apache
Indians hereby cede. convey and transfer.
relinquish and surrender forever and ab-
soiutely, without any reservation what
ever, expressed or implied. all their claim,
title and interest of every kind and char
acter in and to the lands embraced in
the following described tract OF country
in the Indian Territory. to-wit Then
follows a description of the lands.
Now. it is my opinion that so much OF
this article as above quoted sets aside
TO the Indians Of these three tribes. in
common. as absolutely as it sets aside the
aIlotments Of lands Of 16G acres each. to
each Indian individually. The language
is: subject to allotment of land Fl sew
crafty, to the Individual members Of the
Kiowa. Comanche and Apache tribes OF
Indians in the Indian Territory, as here
matter provided for and subject to the
setting apart as grazing lands. for said
Indians. 4so.e90 acres OF land
Under this section, what is Il that Is
ceded to the United States By the In
dians? Why. it is all of the lands within
the description given therein. except
what? Except the lands allotted in sew
crafty 10 said Indians IN common. for
grazing purposes. notice in the brief of
Mr.. Ray. in one or these cases. that he
assumes that It is the use OF the land
that is set apart 70 the Indians. and that (
the title 70 tia Isnd itsels included ia
the 4s0c0 acres OF pasture remains IN
the government of the United States IN
this treaty: whereas. in my judgment.
the language Of this article quoted above f.
excepts the aTotments OF lands ia several (
u TO the indians and the 4s9.oo0 acres set +
aside 10 the Indians Tor a pasture go
common from the grant 70 the United .
states. and that under this treaty the +.
sse 90 acre pasture Is no part q the ces-
sion 10 the United States. bot was - the 4
same extent as the lands Individually re- +
served bv the indians set apart ~ tie +
of tire United States % tne
Indians through the interior department. f
and II the indians ever cease r. keep this f
land Jointly as a pasture instead * re-
vertinc to the United States & remains
fha common i-herftarce - the three
tribes of Indians named. ard that az any
time they desre q DO So. fneT fray. Esfh
the ASSERT ~ congress xalviag ihs -
year iirlsatfn. sell these isnds ircigces (
b. ts1e ss7 f'a-acro tract 70 other parties.
ana that the zoveruuent ~ tie Inifed
-sates cannot rake auy claim, un1er =
re 70 said lar6s = ths e9sit0a So
correct. then sections j ana 8. . ard g.
included Within The sai2 raat7res- arr
lost 70 TIE ierriteTy - oeisho-aa for
-ehoel. university. ssricr itarai celte.
normal sehsoi au5 brlrE 1a1e
~. 70 ute geTrif-g hseaas3 ~ tite
thereto e. coa1Frne5 - ths z1laas -
-. sad fraatv ant e sach iaaa- .a
r rsssturss are iest - fae TERRITORY =
ssls bona tran tfs ~ - 1ane 49,
s.sf fs.rrfzea fhe EoreFH1E - tEe terslsorT
.8 sssset lsass n len - ssea la1Gs. aal
So laads asl-cfsd. s. eT 4lsueat. ~
anzs ~ that class = l~nss Tessr7es -
.ee rr~f*rl States fo- fee tarrEfarr si