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


rs NOT A DYE
phiio Hay spec Co. Newart n. J.
81 and soc bottles, az druggists
-. N. WALLACE AND A. &. GRAY
ing claimants. NJ the uafen. relates
back TO the inception OF lhn rishl
it TO cut or intervening claimants
with equal reason aud justice & mus
relate back 20 estop the pateni9es
from asserting title agains his frin
ice under warranty deed made 3eioif
the p0tent actually issued ana titet
his right TO it had becorpe absolute
In thu case of Francis Y Francis.
2OS T. S. p 23S, 81 j. ed. 1871 Mr.
Justice Haylan, speaking for the court
said THE third article is in the iol-
lowing wordsy There shall be reserv-
ed for the use OF each of the persons
hereinafter mentioned. and their heiFs,
which persons ara all indians by de-
scent the fol, wiuS tracts OF land
etc. For the use Ot Mokitchenoqua,
SIX hundred and forty acres of land,
| 10 be located at and Gcar the Grand
! traverse of the iIiut rjver, In such
manners the President ON the United
states NAV direct II is very clear
that If q fee simple estate was in
tended to be granted, the parties to
| lhe treaties were unfortunate in the
choice Of terms by which % ldye et
feet to that intention; and yet it is
difficult TO conceive that any other
estate was in tae contemplation ol the
parties at the time Of its eNistsnest
win. then the third article warrSmt
such cohstruction2 u viii be oN'
served that the reservation Is TO the
| use f MokitchcnoQua and her heirs
No limitation as TO tAc time of hold
ing. or restriction upon the right OF
alienation. is contained ia the grant.
The use OF the word heirs clearly inn
plies thgt such an estate was granted
as would, upon her death, descend 10
her legal representatives. Here, hen.
lare all the Essential elements OF a
fee simple estate, This construction.
we think, is justified by the words OF
the third article, and Is strengthened
by the fact that it corresponds not
only with the opinion given by the
| attorney general OF the United states
TO the secretary Of war tLand Laws
| pt. PIP 96. 90, but with tile opini n
| of the scnate.-a branch of the treaty
making poWert which AZ cerEdnly en-
uteli to great consldergiCn sen
| ate Doe 1895. NO 1871 kAgaln, in the
same case, the court sajd "Iho loca-
ton OF the lands became a duty de-
! volvng II the President by the treaty
This duty he could execute saith an act
Of congress- tho treaty, when ratified
I being the supreme law OF the land
which the President was bouni ia
see executed. 1t was Impossible to
! describe the tract grauted To- any oi
| the reserves in the treaty as it is
mat.er Of history that none OF thf
! lands ceaed had ever been surveyed
| But locality is given TO the grant by
the terms of the treaty, with authori
ly to locate afterwards by survey
making 81 definite Smith Y. United
States. 20 Pet 3il, . J.. ed 44i. This
| authority being executed, the grant
thel becst. as valid to the particular
section designated by the President as
! tloRga The description had been in
corporated in the treaty Itself. We are
therefore. of opinion, that a fee sim
PIE passed % the reseryee, Mokitche
noqua. by force of the treaty itself
end that the rights of the parties coulf
ia no wise be affected by the subse
ment act of the President directing ;
patent 90 be issued,
The court further says: In Dewey
81 Campau, 4 Mich j65, 500 the court
Interpreting the same treaty said =
title in tee under this clause OF tni
treaty. passed by This language 70 th
leservea The term reservation wa
equivalent 20 an absolute grant TIN
tale passed as ehcctuallX as u th
7 praut had been executed The titb
was conferred by the treaty il wa
not however perfect until the loca
ton was made; the locaii-'f was No
cessaiy TO give 50 iGeBtg. lhe leci
zion was duly made, nd thus the TIL
90 the land in controversy was cor
! summated hy giving Identity to tina
= which was before unlo2ated-
8 lu tbe case IN Jones y. Meehan, u
D ~ S.. pnee "a T.. cd p 81. IN
4 court said: "By article Of the treaty
Upon the urgent request OF the y
ldians. parties So This treaty there sha
ne SET apart from the tract hereby ce'
ed a reservation 81 SIS hundred AN
forty acres near Pie mouth OF Ihb
= river for the chief Moose Dnng, and
Z like reservation of SIX hundred an
fortg acres Tor che chief Red lie'
on the north side OF Pomplf
\ ! river ...+....,........
Moose Dms selected Hs nus rese
valiou nnder the 9th article ol q
treaty. Sis hundred and forty acres
psr OF which was iot : tn section 3
lncmding ihe strip now in c3ntroye
sy. anl ne lived on chat laud ai q
mouth Of Thief river and made D 4
home. and had q log housa q gprd'
aud a fish Trap there He died ir lSl
before lhe lands were surveyed ~
was succeeded as Chief hy has ellie
"a Who had been born ~ Red Lai
4 in lS2S aud who was known
the whites by tho same nau
\ of Moose Dung or Monsimoh en-
4 ia the Indians as Nayskokon
a yay meaning The one th
wears the red fobes and ever SIN
ihe making of the treaty. his inih
aud himself 10 succe sion. sustain
ubal relations With ihe Red Las