The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1906-02-27
TO INVESTIGATE LEASES.

plants have reached the department
that designing and unscrupulous men
are taking advantage Of the Indians
In making agricultural leasqs, the
secretary Of the interior directed the
United States Indian agent TO investi-
gate and make report on this matter.
II II ls found II any lease has been
made and no adequate compensation
provided for the Indian, the secretary
Of the interior will institute proceed.
ings in the courts 20 have the leases
set aside
September 3, 1903, the assistant at.
torney general for the department
Of The interior held that the secretary
Of the interior had no right under the
then existing laws to determine ques-
tions relating to individual use or
occupation Of individual Indian lands
and that while sales OF leases Of al
lottcd lands without reasonable com
pensation" are declared invalid, no
secretary Of the interior 90 try the
| adequacy Il the compensation or 20
| interfere with the possession Of the
allottees. vendors. or lessee, but the
statute vests in the United States
courts exclusive jurisdiction Of all
controversies growing out Of the
titles, ownership. occupation. posses
| sion or use OF real estate"
The attention of the department
having been called to the fact that
the Indians were being taken ad
vantage Of and were making improve
ment leases. and there being no way
by which they could obtain relief ex-
cept through the United States courts,
as the Indians were in many in
| stances unable TO bear tn expenses
Of bringing suit, a clause was in
| serted In the Indian appropriation
act Of March 3, 1905. making It the
gated any lease Of allotted land IN
| duty Of the secretary Of the interior
the Indian Territory which he has
reason to believe has been obtained
by fraud or in violation Of law, and
| he shall In any such case, where in
his opinion the evidence warrants,
refer the matter to the attorney gen
cral for suit in any United States
| court to cancel the same and the
| court is authorized TO cause such
| lease upon such terms and conditions
as equity may prescribe. This does
not apply to leases entered into by
! administrators. executors, guardians
or curators which have heretofore met
with the approval Of the United
| States courts II is under this that
the present Investigations are being
made. Tho court records disclose
the compensation allowed the Indian
and II In the opinion of Mr. Mills It
Is not sufficient the matter will be
brought into the courts for settle
ment as provided in the act referred
TO- II necessary the allotment will
be visited and a personal inspection
made OF H. the allottee and lessor
will be interviewed. Every effort
will be made to properly protect
the right OF the Indians without do
ing wrong to the lessor.
A number Of the prominent land
men of Ardmore on being interview
ed declared they feared no investiga-
tion, but on the other hand courted
IT, Many OF them cited instances
where they had spent considerable
sums of money in paying the travel.
ing and incidental expenses Of the
Indians in connection with his selec- |
tIon OF lands for his allotment The |
land men contend that many OF the |
Indians were ignorant at where the |
best lands were that they assisted |
them in securing lands on which |
were valuable improvements, which |
are 10 revert back to the allottee at |
the expiration OF the lease, and that |
their printed form OF lease contains
this stipulation. They also contend
that the Indians not being familiar
with the corner stones could not
without their assistance describe
with enough accuracy TO have en-
abledi the Dawes commission TO allot
the particular land desired
The reputable land men are usual
ly advised by competent attorneys
and as they have thousands of dollars
invested they certainly would not
have perlled the chance OF having
their leases inyalidated by paying the
Indian an inadequate sum for rental,