The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-05-29


the nation had conferred on them pof
tiou of the land 60 which tNc United
States title was either added or pr3lu
Used 20 be added; and it matter noi
which for the purposes of hts cuntro
ycrsy fog possession
Tho United states held tho ulli
mate title charged with the right Of
mndisiurhod occupanc9 and perpeua'
possession, in Che Indian nation, with
the exclusive power ln me government
of acquiring ihe right lohnson "
Mcintosh s Wheat 603; Comei =.
Winton . Yereers r.. lfI
Although the government alone can
purchase lands from an lniiau nation.
II does not follow hat when The rights
of the nation urp eyiingushcd. an W.
digidnai Ci The nation who takes as 9
private owner can not sell his interest.
The Indian titlo is property and alien
able, unless the treaty had prohibited
its sale. Comet " Winion. . Yergers
r. llS. Blair and Johnson ". Path.
killers Lessee. Ycrger Ii4. So far
from his being the case IN he in.
stance before u.s. st Is manifest tbat
sales of The reserved sections We're
contemplated. as tie lands coded were
forthwith 10 be surveyed. sold and I'm
habHed by white population amoaa
whom the Indians could not remain
eve hold that Peichi-co was q ten.
ant In common with the iuited Staies
and could soil his reserved interest:
and that when The united States ae-
lected tho lands reserved TO him. and
made partition (of which the Datelt
IS conclusive cvidencel hts grantees
took the interest he would have taken
if living
Gin the casc of Crews ct al " Bur
cham. a. all. 7 Blacks Rep 357. the
court said Some expression IN the
opinion delivered in Che case Of Doe
" Wilson tho first case that came
before uf arising ont of this ireatr
were the subject Of observation 10y
the learned counsel for the appellant
in the argument. but which We're found
Ad on q misaDnrehension of their
Aopo and purport II was supposed
thar rho roGfs had held that the res
erveo WAS tenant in common with
the United States after the treaty ~
aassion and until the surveys and
patent ii will be seen. however that
toned referred 90 The right TO occupy
uso ard onioy the lands i'm common
with The government and had uu re
latiou to The legal title
In the ease of Crews " Brrcham,
Black 352-35S ~ J.. ed. 81 the trcaif
under consideration by The court tc
ing shat with The P0itawainmie tri
of October a. 1872, by which The MAJ
Uon ceded all us lands in iauois ara
other states. subject "a ertnin rcgu
laNons the court said ~ is llu
that no title Ca the pac5ienar lands
IN question could rest IN thc ,eycivec
or IN his grantee, until The locaion
by the president and. perhapa tne
Issuing of the patent. hu tbe obi.
cation 90 make the selection as sCnn
as the lands were surveyed and IA
issue the patent IS absolute and i'm
pcraiive and founded 1n "a valuable
.and meritoriOus consideration The
lands reserved constituted part OF
The compensation received by the
pottawalumlqs for the rellnGuishrent
Tot their right of OccUpaney 80 the gov
crnment The agreement was one
which If entered into by an ndividL
al. couri of chauccry would have
louforced by compelling The selection
lOf the lands and the convey lnCe III
favor of the reaerveo, or in case ht
had parted with his intnrest I'm fH
lvOr of his grantees And The rbdga
ton IS not the less imperative end
binding because entered 'ntJ by thC
lRoyornment The cqnitable irhi
lGherelore, TO the lands IN the grantee
tof Beisou. when selected Ws perfect,