The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-04-26
UTES CANNOT
LEASE LANDS
Indians Own Only the Ground
Which They Occupy.
no GOVERNMENT TREATY
RED MEN FOOLED INTO sUPPOs-
ING THEY OWNED RESERVE.

Judge Marshall rules that the IN
dams have no right 10 lease lands re-
served for them by the government.
In the case of the Strawberry Valley
Cattle company versus Benjamin AR
gyle, he instructed the jury TO bring in
a verdict for the defendant. The case
viii probably be appealed and the re-
suit win De watched with closest in
terest by the stock raisers in this part
or the west.
The action was brought by the COM
pany 90 protect It's interests In the
reservation. 10 made a contract with
TIE Jniah chiefa to graze cattle upon
that reservation and paid the Indians
over $1,000 for the right Argyle it is
aueged trespassed upon these rights
BY causing his stock Co be- driven upon
the grazing lands of the Indians. When
ordered away he refused to- go claim
ing that the Indians did nos own the
land and that Go is public property.
The company claimed 90 have am abb
solute right 90 the grazing lands as
the result OF the contract entered into
with the Indians, and The action tol-
lowed.
Never Made Treaty.
During the trial 30 was shown that
the government had never made a
treaty with the Ctes. and 10 was held
that the Indians did not therefore con-
troll any land excepting that part taken
up by each individual The rcserva-
ton was created during Llncolns add
ministration Az that time the Indians
rowing over Colorado. Arizona and
New Mexico were known as the Indians
or Utah or the Utes They were dl-
v.ded into several tribes. but the gov
eminent wanted 90 protect them from
mOlestatlOu and the Uintah reserVa-
ton was created.
AT that time there We're other small
reservations On this state. which have
since been opened TO public domain,
and the Indians were promised "a g
tain amount OF land if they Wou!} zee
turn 90 the reservation. There were
some Apaches and other wariike tribes,
and these went south and refused 20
settle upon the reservation. The Utes
took up the land and by surrendering
their rowing habits proved their right
% the land they occupied
Right 70 Lease Land.
The question of whether the Indians
have "a right 90 lease the lands they
hold in this way has always been a
mOoted subject. IL is a question upon
which the courts have never agreed
The Jntah reservation was created. III
U.s. claimed. ass n sort u- dumping ground
Tor numerous tribes. many of whom
spoke "a different tongue After the IN
dians settled there dispute arose as
70 whether the Uintah reservation In
ciuded more than the Uintah valleys
Some authorities held that 10 included
also the valleys of the Duchesne, and
a survey of the territory was ordered
by the government This established
the boundaries OF the reservation. but
So has been held that the Indians con-
troiled only such parts of the reserva-
ton as they were allowed as individuals
10 take 40 bV the government
The federal court takes apparently
the same view of the situation ano
holds that the Indians have no right 60
dispose of any of the government land
excepting such parcels as they nave
taken up. The claim of the Indians
has always been that they bought tcs
land. They claim that they acceDte,
the reservation lands in exchange fol
the lands which they surrendered whef
they gave up the larger territories, bu
the fact remains that there never was
a treaty with The Utes. and this tech
nicaHty opens the ground for the de-
feat of The plaintiffs 90 the present
action.