Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1910-10-06

tOrmanceS Dy SAID second party
under either OF the leases II
holds upon said lands shall be
In full payment and satisfac-
ton of all requirements and
conditions set forth In said
several leases held BY It upon
said land for the term Of said
respective leases above referr-
ed to-"
1.-THE foregoing clause con-
stitutes a part Of the written
terms and conditions Of q GER
tain mining or business lease
executed by Charles Quapaw
Blackhawk to the Iowa q
Oklahoma Mining Company Of
Baxter Springs, Kansas. dated
May 18th, 1905, upon the N.
w. Y and the N. w. Y Of the
s. w. Y OF Sec. 80, Twp. 20,
r. "a, Quapaw Reservation,
Ind. Ter, and is attached to
and made a part thereby"
1t is further alleged that on July
2Sth, 1906, the allottee made q min
ing lease to the said Iowa & Okla
homa Mining Company, covering
his said allotment, for the term Of
twenty years from date, for a cash
bonus of twenty-one dollars, ave pei
cent. royalty, forty dollars per an
mum for each paying gas well, and
a minimum annual royalty Of TWEEN
ty-one dollars. The last mentioned
lease has this provision:
PROVIDED, That It is ex-
pressly understood and agreed
by and between the parties to
this lease that this lease and
those certain mining leases held
by said second party, and re-
corded In the Office Of the Depu-
ty Clerk and Ex0f1cio Recorder
in and for the First Recording
District, Indian Territory, In
Book o., p. 558, Book s., PIP.
So and Book 81 PIP. III and
Book C. page 296-297, shall
run concurrently until the ex-
piration of the said leases re-
spectively; and that no waiver,
REIMBURSEMENT or forfeiture
of any of the rights or inter-
ests now held by said second
party under the prior leases 10
intended by the execution, de-
livery and acceptance Of said
prior leases, or any of them, be-
cause of the execution, deliv-
cry and acceptance Of this lease;
also that second party shall
have the right to elect under
which of said leases 1t Will Op-
crate or hold said lands, and
that payments or performances
of the terms and conditions OF
any of the said leases shall be
in full payment and satisfac-
ton of all terms and cOndi.
tions of like in all leases held
by it upon said lands"
1t is alleged in the bill that the
allottee was born in 1S45. II 30, he
was between sixty and seventy years
of age when most Of the leases were
made, and seventy-One when the
last one was made. 1t is alleged
that he is unable to read or write,
or understand intelligently the Eng
lish language; that he was old and
iniirm, and wholly incompetent OF
transacting business, and that de-
PENDANTS in the procurement Of the
leases sought to be cancelled, fradu-
lently took advantage Of said al
lottee's age and incapacity. II
does not appear, however, that his
condition has been brought to the
attention of the Secretary Of the In
terror, pursuant to that prOvisO In
the leasing act Of 1897, authorizing
the Secretary to lease lands OF In
competent Indians upon such terms
and conditions as he might prescribe,
and in view Of the admission in the
bill that the first lease was o valid
lease, 1t appears that complainant
does not contend that the allottee
could not or, should not, have avail
ed himself of the leaving provisions
Of the act proceeding the prOvlSO.
but does contend that either because
of the said fraud practiced upon him
or the illegalIty Of subsequent lease.
because violating the provisions Of
the act, the government may main
tain this suit.
The Act of Congress granting
authority to lease for mineral pur-
poses, contained one limitation, to-
wit: that the term should not ex-
coed ten years. A lease for a longer
term would be invalid. and hence
the lease Of July 20, 1906, to the
Iowa 6 Oklahoma Mining Company,
for twenty years is invalid, and
should be cancelled. The law makes
no provision as to the amount Of
consideration that shall be paid, or
any Of the other terms, except as 20
a--,tton Nc aunarviaion of the con-