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

Buance OF an ACT Oh tue Sud-
paw National Council approved
Mar. 20, 1898, be and the same
23rd, 1898, be and the same
are hereby ratified and confirm
ed, subject to revision, correc-
ton and approval by the Sec
rotary of the Interior; PRO-
VIDED, however, That any al
lottee who may be dissatisfied
with his allotment shall have
all the rights to contest the
same, provided for In said Act
of the Quapaw National Coun-
Gil subject, to revision correc-
tion,. and approval OF the Sec
rotary of the Interior. And the
Secretary of the Interior Is
hereby authorized to issue pat
ents to said allottees in accord
ance Herewith; PROVIDED,
that said allotments shall be in
alienable for period Of twen-
ty-fve years from and after the
date of said patents; AND
PROVIDED FURTHER That,
the surplus lands on said reser-
walton, II any, may be allotted
from time to time by said tribe
to its members, under the above
entitled act"
On September 26th, 1895, pursu'
ant to the said act Of Congress, q
patent for the land involved in thii
case was issued to Charles Quapaw
Blackhawk, a member Of said tribe
with habendum clause as follows:
NOW, KNOW YE, that the
United States of America, in
consideration Of the premises,
and in conformity with the pro-
visions in said Act of Congress
approved March 2, 1895, the
ORDER and SCHEDULE OF al
lotment aforesaid, HAS GIVEN
AND GRANTED, and by these
presents DOES GIVE AND
GRANT unto the said Charley
Quapaw Blackhawk, and to his
heirs, the said tract above de-
scribed; but with the stipula-
ton and limitation contained in
the aforesaid Act, that the land
embraced in this patent shall
be inalienable for the period OF
twenty-five years from and aft
er the date hereof; TO HAVE
AND TO HOLD the same, to-
gether with all the rights, pri-
vileges, immunities and appur-
tenances of whatsoever nature
thereunto belonging, unto the
said Charley Quapaw Black
hawk, and to his heirs forever;
PROVIDED, as aforesaid, that
said tract shall be inalienable
for the period of twenty-five
years"
On June z, 1897 go Stat. 70.
Congress further provided:
THAT the allettees Of land
within the limits Of the Quapaw
Agency, Indian Territory, are
hereby authorized to lease their
ands, or any part thereof for
term not exceeding three years,
for farming or grazing purpOs-
es, or ten years for mining or
business purposes. And BALD
allottees and their leases and
tenants shall have the right to
employ such assistants, labor
ers and help fTem time to time
as they may deem necessary;
PROVIDED, That whenever 1t
shall be made to appear to the
Secretary of the Interior that,
by reason Of age or disability,
any such allottee can not i'm
prove OF manage his allotment
properly and with, benefit to
himself, the same may be leas-
ed, and in the discretion OF the
Secretary, upon such terms and
conditions as shall be prescrib-
ed by him. All acts and parts.
of acts inconsistent with this
are hereby repealed"
This Ia 4 suit by the United State
10 cancel certain lease ceBtrects an,
contracts assigning royalties there
under, entered into by the allotte
with the various defendants. De
murrers are interposed by the De
;endants on the ground that tn
government has no such interest Il
the action as will entitle 1t to main
ain the bill, and that there is n
equity in the bill. If fram the bill
t appears that any Of the allege,
contracts or leases are in violation
Of the conditions or limitations i'm
posed by Acts Of Congress, ppde
which the allottee has taken his al
lotment. then the complainant ha
such interest as entities It to main
tain this action. United States VS.
Allen, ne Fed. 1S: D9 the lease
or contracts sought to be caRcelei
violate the provisions Of such act
OF Consregsi
On June 18th, 1902, the aiiotte
leased his allotment to the Defend
ant, Abrams, for mining purpose
for the term of ten years for a casl
payment Of ten dollars, and q royal
~ of i've per cent OF the marke
value. at the place mined or PRO