The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1914-01-08
hD|AM SEEKS POSSESSION OF
LAND VALUED At 100000
Jake Hamon, Prominent Republican
Politician, Defendant in The Suit;
Has Been Long Battle

In the United States court here
Wednesday, before Judge John H
Cotteral, the case OF the Unltet
States against James Rowell was ar
gued. The argument consumed prac-
tically the entire afternoon. IN TINS
suit the Indian department is at
tempting to eject Rowell from q
quarter section of indian school re-
serve adjoining the city of Lawton.
valued at 100000. At the close Of
the arguments the court denied the
motion of Rowell to strike out parts
Of the government allegations whlel
remands the case for trial On its
merits. The case will not be reached
before the March term, which viii
take it to Oklahoma City.
The petition for i. ejectment OF
Rowell sets up the claim that James
Rowel was made a member of the
Kiowa tribe; that he married wo-
man OF the tribe: that he had never
received any land in allotment or
money in lieu of land: that bill
had been passed by congress author
izing the secretary of interior to is
sue patent to Rowell on a certain
quarter section provided that koweli
first gave his reliquishment to all
claims for other lands Or allotment or
the money value thereof. IT also
showed that before the patent had
been issued to Rowell congress had
become aware that a mistake mad
been made and had passed a re-
pealing act stepping all proceedings
in the matter. The government show
ed by authorities that the act OF
congress did not contain a word OF
granting to the allottee but merely
provided the method whereby a
patent might be issued which of it
self convey title to Rowell. But that
in the meantime congress had by act
ordered that NO title should be made
to RoweM
The motion of defendant was to
strike from the government petition
all reference to the repeating act of
congress, and the entire day was
spent in great legal tilt, or num-
ber of them, as to the meaning OF
the various kinds Of congressional
acts.
The attorney for Rowell argued
that the act of congress granting the
land to Rowell was effective and was
of itself conveyance. of title, re-
gardless of the failure of the secre-
tary of the interior to do and per-
form his ministerial duty of issuing
the patent thereto in accordance with
the act granting the land. He cited
numerous cases in support OF this
contention, claiming that the confir-
nation by congress to the land Is a
higher evidence OF title than patent
The government attorney showed
that this particular act of congress
contained no granting words, aud
that the citations by defendant were
TO cases where the act of congress
contained direct terms of grant, and
that the present act was not of the
same kind. And that if there had
been any intent or desire on the part
of congress 10 make direct transfer
ne. title II would not have attempted
to repeal the terms and conditions on
which Rowell was to be given
nstent of title. IL was also ssoe.'
Z by MIR. TAYLOR that when Rowell be-
came member of the tribe he came
, under the general legislation for the
members OF that tribe, and could not
claim any special advantages or
privileges; that all his dealings must
be under and by the same general
legislation as other members of the
tribe; that while all other members
of the tribe were allowed lands or
other considerations valued at about
$4,000. yet this land which Rowell
and his attorneys were trying to Sc