The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-04-20

F. Crowder, the founder of Crowder City
The South McAlester News gives the full
details of the case as follows
The trial of the injunction case brought
by the government against Dr. W. +.
Crowder. founder Of Crowder City, was
attended by a large number Of legal
lights and investors who were interested
in the holding of the court, not so much
on account Of Crowder City. but because
a matter of great moment to the territory
was at ssue The decision was a tech
meal victory for the government. but in
its practical results it gives JOY to the
town builders. as the contention of the
interior department that it has the sole
initiative in the plating Of towns. was
not upheld Or. Crowder was enjoined
from the sale of rights to his contemp-
lated allotment. Ii is well established
fact that an Indian cannot sell his land.
But the law does allow the leasing for
purposes Of Improvement United States
Attorney Wilkins ably contended that the
'Atoka agreement does not contemplate
any leases except for agricultural or
grazing purposes; that towns were on the
same basis as minerals. the proceeds go
ing TO the common tribal fund. Sections
Of the law provide for the reservation
Of Is 0scres from allotment at points on
railroads designated by the companies as
stations. According to the contention of
the government. this was the only man
ner in which new towns in these places
is left to the discretion OF the depart
ment.
Such a view was enough to alarm peo-
pie interested in the development of the
territory, especially interesting was it TO
the railway companies engaged in the
building OF new lines here The ancient
custom has been that whenever. through
an Indian giving leases. = village of Pm
has sprung up. it has demanded that the
townsite commission plat and appTaise
the towns In that manner the many
lourishing towns here have been builded.
J. : Arnote and Judge C. 3 Stuart.
OF this city, and Judge Edgar K. BRYANT
of Fort Smith. appeared 20 fight the in
junction. They showed provisions OF law
which make it mandatory on the interior
department To plat towns which have
reached population of 20 and they con-
tended with much show OF reason that
this did not refer simply 70 the railroad
1se-acre towns In the immediate case Of
DR.. Crowder. they had little argument
10 offer The conveyance was very IN
fortunate in wording in that il pretended
TO sell and 10 defend against everybody
on earth except the Choctsw nation. Dr.
Crovder claims that no hes explained
the situation 10 every investor and that
the understanding has been that everyone
should have undisturbed possession until
The townsite commission took the mat
ter IN hand and that the investor would
then set the property in fse simple on
the same terms under which property
rights were obtained here and elsewher,
where the toEnsite commission has CON-
pleted its work
Judge CLAYTON. after hearing the sreu-
neuts OF both si5es. announced that ne
would have 10 enjoia DR. Crowdcr from
The further sale o. lots. a. az Indian
has no right 70 sen any part OF ms con-
tsHrlsted allotment When pressed for
an opinion OF an Indians authority 20
rent lots for ether than agricultural uur-
poses. Judge Clayton said that an Iuiisu
could rent MS land for man a. build
house. blacksmith shop q store or any
other ed;fcc unon. That il an Indnn pro-
cured dn any other means than hs salel
"a town az - souls. that town cosid &C.
msrsd incorporation. The effects - this
rniing Is "a deny The sole power % in5-
tiatlve which the interior department has.
been claiming. The decision i IN hsr-
mouy with the recent decision oy judge
Hosea Townsend. 81 The southern ags-
tTict-
There IS now pending 81 congress
rider 20 the appropriation bll making
II q felony 60 begin . town On this Ct
the CnicSssaw nation without consent ~
;he interior department Ire railroads
now huileing lines into The territory are
expected 70 give fhe bin Knockout 1reTs
But there Is enough uncertainty about it