The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 6
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tary. may prescribe a form of lease, and require that leases,be executed in
such form as a condition to his approval.
7. INDIANs *=16(3)-LAXns-AuTHohITY or UNrrE STATES.
Where a lease by an Indian allottee was approved by the Secretary of
the Interior, and the lessee went into possession, the government is not
concerned, and has no authority to protect the lessee from trespass by
cattle, where the freehold is not injured, and the allottee lessor is not
Appeal from the District Court of the United States for the West-
ern District of Oklahoma'; John H. Cotteral, Judge.
Bill by the United States against George G. La Motte and others.
From the decree, defendants appeal, and complainant cross-appeals.
Modified and affirmed.
T. J. Leahy and C. S. Macdonald, both of Pawhuska, Okl., for La
Motte and others.
John A. Fain, U. S. Atty., of Lawton, Okl., and Redmond S. Cole,
Asst. U. S. Atty., of Pawnee, Okl.
Before CARLAND and STONE, Circuit Judges, and ELLIOTT,
STONE, Circuit Judge. Cross-appeals from an injunction bill
brought by the government against George G. and Anna Marx La
Motte. The purpose of the bill as revealed in the prayer was to pre-
vent the La Mottes from-
"entering into any lease, of any kind or character, with any incompetent
Osage Indian, and by any means or manner, other than that prescribed by the
Secretary of the Interior; and that they be further restrained and enjoined
from using, occupying, and exercising any control, and from assigning and
subleasing any lands informally leased or acquired, as aforesaid, from any in-
competent Osage Indian member of the Osage Tribe of Indians in Oklahoma,
without first having complied with the rules and regulations of the Secretary
of the Interior."
The basis of the bill was (a) that the La Mottes were dealing and
intended to continue to deal in agricultural leases of lands of non-
competent Osage Indians without securing the approval of such leases
or subleases by the Secretary of the Interior and without complying
with the rules and regulations of the Secretary concerning such leases;
(b) that in so doing and in placing their customers upon such lands
they were interfering with and preventing the proper leasing of the
lands by the Secretary in accordance with such rules and regulations;
(c) that the placing of such customers upon these lands gave rise to
numerous trespasses on such lands and also upon other land inclosed
within the fencing of the lands so attempted to be controlled by them;
(d) that it would require a multitude of suits by the government to
prevent such trespasses and clear these lands of such intruders.
The modus operandi of the La Mottes is described as follows:
"That the defendants are pretending to be engaged in the business of
leasing Osage Indian lands for the use of various and numerous persons.
firms and corporations to graze cattlethereon, and for agricultural purposes.
That the manner and means of procuring leases for use as aforesaid is, in
g mFor other cases see same topic & KEY-NUMBER In all Key-Numbered Digests & Indezes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/20/: accessed April 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.