The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-01-28
JUSTICE FOR A
DAKOTA INDIAN
KO-ZI-PE WILL HOLD HIS LANDS
ON THE SISSETON.
Case Decided at Watertown Has Bear
ing Upon Several Others-Evidence
Insufficient to Show that the Claim
ant Was a Hostile and Fled the
Country After the New Ulm Mas
Special to The Journal.

Special to The Journal.
Watertown, S. d., Jan. 2S.-After sew
eral months of waiting the WatertOWn
land office has made q decision in the
noted Indian case of David Wolff VS.. Ko-
Zi-pe, one of the most important land
contests that the office has ever been
called upon to decide. The decision is for
the claimant or the Indian on every issue.
and insures to Ko-zi-pe and his family
of several children an unquestioned title
to twelve quarter sections Of land valued
at $50 an acre.
The decision also sets at rest fears
among other Sisseton agency Indians who
are holding many quarters Of land under
practically the same conditions as has
kozi-pe.
Allegations Of Fraud.
The case started in August, 1902, when
the contestant, David Wolff Of Sisseton,
filed the contest affidavit, following it in
January, 1903, with supplemental affi-
davit. In the original affidavit KO-zi-pe
is alleged to have obtained his allotment
fraudulently. 1t was alleged that he was
a Sioux Indian and a member Of the Grow
| Creek band of Sioux residing on Grow
Creek agency and that his true name was
Charles Walker or Walks with OWL" or,
| in Indian, Han-kay-ag-mani, and that
under such designation he holds an allot-
ment on the Crow Creek reservation, and
that he obtained an allotment at the Sis
reton and Wahpeton agency under the
name of Ko-zi-pe while holding his allot-
| ment at Crow Creek.
The supplemental affidavit stated that
an Indian of the Sisseton and Wahpeton
| tribe, whose name was Crazy Bear, OF
Xa-ke wa -ste-ste, would appear as a
! claimant of the land, and that he was
not entitled to hold the allotment by rea-
| son of the fact that he had participated
a in he s.
sacre of 1862, and that he went into
| Montana and Canada after the massacre
and did not return to his tribe until after
the alotments were made on the Sissetor
and Wahpeton reservation.
kittredge for the Indian.
The secretary Of the interior on this
showing ordered hearing before the
Watertown land officers, and on July Z
1903, the taking of testimony was begun
the contestant being represented by j
| B. Hanten and Judge Andrews and the
claimant by United States Senator Kit
redge. TO take the testimony required
several days, about two hundred Indians
being present.
The principal point at issue was wheth.
er or not the land office here or any Of
fetal had the right to inquire into {
patent after it had once been issued an(
the land described having once been with
drawn from public entry. The Water.
town officials ruled that the land Officers
had such right. Whether or not the In
dams who went west at the time Of the
| New Ulm massacre and did not return tt
| their tribes until after the allotment o.
the land We're entitled to hold the same
was another question involved.
4 Decision for His Client.
The findings Of fact are that the paten
| was regularly issued to ko-zi-pe, tn
allotment having been made to Graz,
Bear under the name of KoZi-pe in tn
following manner: Crazy Bear, in at
. tempting to give the alotting agent hi
name, could only say ''Kozy Be-" and tn
agent concluded that Ko-zipe was tn
nearest possible Interpretation of tn
sounds made by the old brave.
The court finds that Ko-zi-pe was neve
a Crow Creek Sioux; that he was bor
and reared Sisseton and Wahpeton, an
as such was justly entitled to the allot
ment Of land made to him.. The cour
also finds that Crazy Bear or Ko-zi-pe o
Xa-ke -wa-ste- ste, all being names for tn
same person, was not a hostile and, tina
he went west after the New Ulm mas
sacre with several of his tribe on a buf
falo hunting expedition, from which the
did not return for several years, and tina
such Indians are justly entitled to thei
lands.
The case will be appealed to the secre
tary of the interior.