The Van Buren press., 1903-09-05
POOR LO!
Judge Raymond Shows How Minor
Indians are Robbed

Muskogee, |. T., Sept. 1.-The
United States court, in minor
land lease case, went on record
last week egardlng the way Indian
aliotmeuts are leased by land grab.
bers in the Indian territory. Judge
Raymond, United States judge of
the Westesn district of the Indian
Territory, delivered the opinion,
and the case has been selected as
the one to be appealed to the
higher courts as lest. The title
of the suit is the Indian Land and
Trust company against the Indian
agent and Il. A. Barnett, guardian
of Sally Hodge and others, in
which the plaintiff sought to enjoin
the Indian agent from putting
legal guardian in possession of
certain lands. The court denied
the Injunction and held that a lease
made by natural guardian is not
legal. Judge Raymond said.
Let us look at the contract. 1t
covers 200 acres Of land for a term
Of five years, eighty acres being
that of the minor. Two hundred
acres for five years is the equlval-
ent of | 900 acres for one year,
One hundred and fifty dollars is
the consideration for the contract,
l5 cents per acre per year. That
is the income from this S0-acre
tract Of land. The share of the
minor child, at 10 cents per acre
per year, amounts to Sl2 per year.
ga personal inspection Of the
land made by me shows it to be
good soil, growing splendid crop.
The value Of the land is from $40
to $50 per acre, and its annual
cash rental value is from $3.50 to
50 per acre. The Muskogee South
ern railway paid at the rate of $50
per acre for land of no better
quality just a mile east of this
tract less than six months ago.
"The lessees, by the terms of
the lease, are not compelled to
build a single rod Of fence, nor
erect n house, shed, stable or crib,
nor sink a well, except at their
discretion. The land was in Il
state of cultivation when lessees
took possession of it, and no court
would have approved the lease Of
this minors land at such figure.
"The inducement to make this
lease was evidently the $3.50 cash
in advance, which no doubt, has
long since been squandered and
this minor child will have no in.
come for its support, or education
from this $4,000 or $4,000 worth
of property for five years. if this
contract is upheld.
81 do not think that con gress
ever intended that parents in the
Greek nation who are desi gnated
IN natural guardians, should have
the right, without regard to the
rights or interests Of their minor
children, to rent their allotments
without the direction of the court,
and take the proceeds to pay their
private debts. If such construc.
ton is sought to be placed upon
the act of congress, then there are
many minors in the Creek nation
today, who have 100 acres Of good,
tillable land, who will receive when
they become Of age not n single
dollar from the earnings of their
property. 1t seems TO me that
when the allotment is made to the
minor, he is not only entitled to
the land, but 10 the carefully
guarded income from that land
from the time Of the allotment
until he arrives at his majority.
at is n matter Of common knOwl.
edge here that persons and cor.
poratious organized for the
purpose Of holding Indian lands
have now under control, through