Gunnison news-champion., 1921-04-01
LAND OFFICE HAS
PECULIAR CASE OF LAND
OCCUPIED By INDIAN WHICH
II FILED On BI WHITE MAN

nero, has proved 20 the Land Office
aGth0uties that he ha- the unusual
distinction Of beng able u hold and
wlth0u. fling on Il
Mr, Blair aas ~ Guurl-on on bzsi-
ness Ius-aag. ana falling 10 wlth 4
NgaE-f ELur.Ga TrpgF-sr. ae learn
that b. Ra- born il Wyoming Of
Scotch father and an Indian mother,
and tho he has never lived among the
IEdaaHs. he kH0Ws he a. some uH-
usual nights which ihs government
has bestowed upon the Eelueu aad
his daCsntaHts Hi ranch al the
Lake Fork was jumped By another
party, but h. held the sggattsr's
rights without fling We had already
clipped an article from the M0ntTu5e
Pres h-h give full "details, and re-
print u below.
"ErEsstsr o. C.. skinner Of the local
and Office. than whom there is no
rrur' .aPar IA Land laa= .r the L. s.
Has Just rIn up against gcFg- peculiar
ca4, pru -su;.t 90 ms Office. Il has %
DO n an Indian whC has located on
IH1 acrus OF land near Sap nero. Mr..
Skinner has bacn searching the land
..a- 90 ind the data on This particu-
lar c.=". which is most unique and
rfsr'.t.rg.
"lE all fling and proofs. eutrymau
UGst make @ declaration under oath
that the land D. not occupied or i'm
proved by an Indian Many ONE
-tsaieH have laughed at this provi-
sion punlsd IN every form. even IN the
homestead papers under The act Of
1916. H- skinner hrm=.f thought
this particular paragraph "as obsolete
and merely o relic of front tH- days.
"N0wos-r, there come. ar instance
ahrn this particular paragraph means.
-uwethIng-
John A Blair. who says he is an
Indian and can prove It, has sguatted
on i5D acres in the SapinCro district
and bought the improvements on t..
Now comes a man, named Gid Evans
and files on this land. The Indian
presents his case:
Under the law of 1884 Indians
we're gwen the right to locate on any
Of the public land ceded by the In
diuns 10 the L. S. The Indians re-
tanned the right and moreover, they
are not compelled to make a fling.
All they were compelled 20 do was to
locate on the land and they were
taken care Of by the provisions in all
homestead entry blanks. This land
is not occupied or improved by an In
dian"
Hence they were not compelled to
90 into the land office or into court
to protect themselves. They were
automatically protected by the laws
in respect to white men who must
guard the rights of the Indian.
But II an Indian so desires, he may
file as an Indian and he is not com
PEELED 10 pay any fees. neither for
filing nor for making proof. But in
stead Of his patent issuing at once i'm
mediately after making proof, as in
the case Of the white man, the patent
is held % years in trust by the land
Office This was to prevent the lndi-
an from losing his rights by unscru-
pulous whites bargaining with whls-
KEY, trinkuts. etc.
There has never been 4 case in re-
cent years Of an Indian filing on
land as an Indian in this district. One
Indian did file as a white man, paid
his fees and got his patent immediate
ly.
In the case OF an Indian filing, or
+ he does not file, he can only secure
l60 acres, whereas, as white man, he
can take go.
"The Sapinern case is unique and
interesting and Mr.. Skinner Is now
z-arching the laws for a precedent
He finds numerous reference to the
clause in the fling blanks: This land
i not occupied or improved by an
Indian" Secretary Teller issued 4
bulletin calling especial attention to it
and warning all land officials not to
allow It 10 be violated. Other officials
in times past have called attention to
this provision.
l Mr.. Skinner advised Mr.. Blair that
I he would have to prove he is an In
dian, which he did, as he had an al
. lotment in Unitah. Mr. Blair can re-
T tain his land without filing, or he can
/ file upon il and go thru with the pro
cesses without any cost to him, but
/ If he does the former, he will then
retain his filing rights for another
Z