The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-12-03

land may be made-stating that the
Indian agent must be present and that
they must be drawn up in the pres
ence of four witnesses. Attempts to
eject those who have failed to lease in
the above manner have failed and the
attempts of the Indian agent. it Is
claimed, have been Knocked and
defed.
In addition, it is stated that the
white sQuatters foment trouble among
the Indians and the whole situation
presents difficulties of the administra-
ton of Indian reservations of consid-
cradle Importance.
There are a great many occupying
allotments under state leases not only
in this reservation but in the other
reservations scattered over the coun-
try, and I think that the government
is gradually working around to where
they will recognize Them" said Mr..
Crane.
The application of the Kaw valley
drainage board to modify the decree
Of the court establishing the width
by Judge Pollock ON Friday. The
board is asking that the clause which
shows the decree was by consent be
stricken out. If the court refuses to
make a modification it is possible that
the board may not be able to secure
a review of the case by the court OF
appeals to which it desires to make
an appeal.
Another law case of some interest
originating on the Pottawatomie In
dian reservation came up over the re-
fusal of the Bank of Holton to pay
out $117 on check issued by the de-
positor against whose deposit the
check stood The depositor was an
Indian by the name of Chip-ko-puah
and the bank held promissory notes TO
the amount of SILT against the ac-
count and refused to permit the with
d-eI ri a because
money due the bank. An attempt was
made to transfer all the deposit helo
by the Indian to another bank ana
the dispute then ensued- II was
claimed by the government that the
Indian having received an allotment
was still a ward OF the government
while the bank claimed that having
received the allotment the Indian was
now a citizen and liable to all the re-
sponsibilities incident to such c1tlzen-
ship, and a demurrer was asked
for. The Judge refused to sustain the
demurrer and requested that the case
be tried out on it's merits.
A Judgment on the pleading was
entered in favor of the Union Paclnc
against Frank w. Devine who is su,
ing for $4,000 claimed for personal
injuries 1t was claimed by the rail-
road that Devine signed a release,
agreeing not to bring action against
the road and no answer has YET peen
returned by the altorAeyS LII DSNAAAS
to this claim.
Promissory notes aggregating in
value $4,000 were declared collect
ible against the estate or Chauncey
P Dewey by Judge j. c. Pollock IN
the United States circuit court yester-
day. The notes were given by Dewey
before his death to the Hartford FIRE
Insurance company.
Dewey left large estate both in IL
linois and Kansas and the insurance
hot
collect against the administrator or
the estate in Illinois because the stat
ute of limitations had already run,
the state law fixing one year. Re-
state laws of Kansas which fixes the
time three years. 1t was claimed thai
the only action that could be brought
was in Illinois but this Harkless Crls-
Ter ana Histed for the insurance com
pany denied, the court holding Tor
the collection. Clyde Wilson, for
mer emp1oye of Dewey, is the ad-
of the Kansas estate and |
the suit was directed against him.
G. S. Maloney of Chanute. Kan, a |
tank maker, will be able to collect |
$4,000 from the Uncle Sam Oil COM |
pany for work performed. Maloney |
commenced action to recover four |
Indicated a bankrupt and a writ or /
attachment was issued from the |
Montgomery county court against the /
CherryvaIe refinery belonging to the |
company. But before the action could |
be prosecuted to completion the
company went into bankruptcy and |
creditors and claimants of the Uncle |
Sam Oil company were restrained |
from prosecuting suits against 1t. This |
restraining order was modified as per- |
tanned to Maloney and he will be en- |
abled to proceed in his attempt to |
collect on his writ of attachment.
]. B. Reese ct al of Lawrence. Kan. |
who sued the Union Pacific for dam |
ages were ordered to strike out por-
tions of their petition and were given |
twenty days in which to file 1t in an
amended form. Carstens Brothers,
who attempted to collect $4,000 for
damages for poultry spoiled while in
storage at the Concordia Ice & Cold
Storage plant, were ordered under a
motion to make their petition more
definite and certain and given twenty
days.
Fire at the Auto Show.
Chicago, Dec ga small fire broke
ont TODAY in the Seventh regiment ar