Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1911-01-20
u. 5. JUDGE C0TTEItAn RULES AD-
NERSELN IN 83 CASES.
EXTRADITION Arguments
Commissioner Tibbctts Hears AttOr'
ncys In Criminal Cases In Con-
ncCtlOn with Deeds.


becomes nonresident It is no reason
that the federal government should
abandon It's obligation and protection
Of his land rights in this country" de-
clared Judge John II, Cotteral Of the
> United States circuit court here I'M
holding today that the deeds given by
Kickupoo Indians in Mexico to their
valuable land allotments near Shaw
nee oklahoma. are null and void be-
cause they were not approved by the
secrclaory OF the interior,
The defendants expended 100000
a. securing such deeds, a total OF SO
cases being covered by Cotterals de-
clsions, the defendants including Cash
Cade, Of Shawnee Republican national
committeeman; w. l.. Chapman, for
mer secretary Of the Democratic state
committee; Charles j, Benson and VIII
lard Johnson, shawnee bankers; A, L.
Brown, H. c. Grimes and others. Each
case represents an Indian allotment.
Coteralls option Is OF the greatest
Importance since It holds that the con-
gresslonal act Of June q, 1906, which
removes the restrictions on Indian
lands does not however repeal the
treaty with the Kickapoo's and other
tribes In 1891, and the act Of the 1893,
confirming the treaty provisions which
placed the allotmonts in trust with
the federal government for twenty
five years.
The court held that even If the sec
retary had approved the deeds, held
by Cade and others, the proceeds from
the sales should have been turned into
the United States treasury to be held
IN trust for the Indians. The act of
1906. Cotteral holds does not convey
to the Indian any right 10 dispose Of
his land without the interior depart
ment approval, neither does It termi-
nate the trust held by the government.
Judge Cotterhl said he had not found
II difficult TO reach the conclusion
since in constituting the acts OF 1898
and 1906 together. II was an easy mat
ter to ascertain that congress- purpose
a.
protect him In his land rights. He held
that the United States is entitled to
have the deeds cancelled. that the orig
inal Indian allottees are entitled to
possession, and that the holders of
the deeds have no action at law.
The actof 1906, the court cited, gave
the Indians permission to lease their
lands for not 20 exceed n period of five
years. and he maintains leasing re-
strlction would not be imposed II con
gress Intended there TO be no restric-
tions on the sale of the lands by tho
indian owners
Judge Cotteral did not pass on the
points raised by United States Attorney
John Embry IN some of the cases that
the deeds were obtained from the In
dlans by improper methods. At the
present time IL c. Crimes, w. L. Chap
man Or. II, c. Conlne and A. l.. Brown
are fighting extradltlon to Mexico
whore they are under Indictment for
using alleged fraudulent methods I'm
obtaining the Klckapoo deeds. The
argument on the extraditIon began
here today before United States Com
missioner ID. NJ. Tibbetts and will con-
tinue for three days, The defendants
declare the crime II any, was COM
mltted In this country and not In Mex
leo, and deny further any crime COM
mltted,
The evidence in the case covers p
500 typewriter cases. close 10 one
million words. f. J. Kearful. an as
slstant United States attorney general
and United states Attorney Embry are
representing the government, while b.
u. Blakeney az Shawnee il the prln-
cipal attorney for the defendants.
Motion woo g,ven hv ot+ornoy, Tor
tho dofo,donta tbat ~, onnooi ,,,i,i ho
taken from, Cotterol,s docision ,odo,, 10
the Irnitod states snnror,o co,,r,
$50.
c.',I, .u,'"er ~ V'pD,,ant p' poino hlaue ny
oo.''lS' ""s pon'Ioly 70 tne conten-