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

time. other than he might gain b.
his own labor thereon. and accuston
him TO business dealings. prepare
tory for the ultimate absolute con
troll OF his property. The allottee In
this case IL citizen OF the United
States and Of the state OF Oklahoma
General Allotment Act. "a Stat
3sS. a. amended. 81 Stat. 1447;
Oklahoma enabling Act, "a Stat,
Oklahoma enabling Act. 81 Stat
2e7.) II in the making Of any min
eral lease contract, running for a
lawful term, he 10 Overreached in
some fraudulent manner. relating to
the consideration or other features
fthe lease. such as would entitle
any citizen to maintain an action in
court for legal redress. he has such
right Of action, which he may pro-
secute in the proper court, in his
own name. II u held in United
States vs. Allen, supra, that deed
or lease procured In violation Of the
Acts Of Congress imposing restric-
tons upon alienation, 40, for in
stance. an attempted sale Of inalien-
able land, or an attempted lease for
longer period than the law pro-
vides, 10 such violation Of the gov
ernmental policy involved in the
making Of such allotments as entitle
the government, in It's own name. to
sue for the cancellation Of such in
struments. In such case there is a
clear violation Of conditions i'm
posed by Congress as to alienability.
Where( however, 90 in this case,
Congress has extended the right to
lease with NO condition except that
for q particular purpose the term
shall not exceed q certain number OF
years. II the lease Is expressly for
the purpose contemplated in the Act,
and does not exceed the term allow
ed, / can conceive In the act permit
ting leasing, no governmental policy,
either express or implied, which
would enable tho government to
maintain an action in its own name
to cancel such lease. In making the
allottee a citizen and In vesting him
with power to lease for particular
purpose and term for such considera-
ton as might be agreed upon be-
tween him and his lessee, I think 1t
was the intention Of Congress that
in all respects, save as to the pur-
poses, which must be either grazing,
farming or mineral, and the term,
which must not exceed q prescribed
period, the allottee is clothed with
Just as full and complete power to
lease his land as his white brother,
and II, though the lease be for law
full term and purpose, he Is imposed
upon by the lessee In regard to some
other feature in such way as would
give q white citizen q right of ac-
ton for legal redress, then he and
not the government must bring the
suit. The mere fact, therefore, that
by fraud the lessee may have secur-
ed a lease for q manifestly made
Quate consideration, would not en-
title the government to sue II 1t ap-
pears to be made for a lawful pur-
pose and term.
In my opinion, Congress intended
that within the limitations as to pur-
poses and term, the all0ttee should
exercise the same independent right
to lease his property and enjoy the
proceeds thereof that the law gives
to- other citizens. And In lieu of the
governmental supervision thus par
TALLY withdrawn. gave him the
status Of q citizen and access to a
forum where. like any other citizen,
he could redress his wrongs. be-
lieve that It was the intention of
Congress that within the limitations
this right Of disposal of
his property was, by leasing, granted
a. q means Of aiiordlng him that ex-
perience In business affairs neces-
sary to enable him to eventually
handle his property without any re-
strictlOn whatever. This is consist
emit with the purpose. manifested by
Indian legislation Of recent years tol
hasten, - much as may be, consist
emit with his welfare, the time when
the Indian, In this state shall have
the same rights Of disposition Of his
property az his white nelghbor ex-I
ercIses over his. Hence, the abso-
lutte supervision 90 long exercised
BY Congress over the Indians, keep
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