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: 7
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LA MIOTTE V1 UNITED STATES
substance, as follows: That the said defendants will. solicit various incol-
potent Osage Indians to execute a lease upon lands allotted to them, which
said leases are not in the form prescribed by'the Secretary of the Interior, but
are informal, in that they do not comply with the provisions of Exhibit A
[forml of lease required b3. the Department]. That the defendants will con-
tiniue to procure as nany lew'es from as many allottebs within a certain pre-
scribed ale until said defeallut have, under the guise of said leases, ob-
tained in their own name. or ut the name of the, person whom they represent,
a bod) of laud uhi(h the) cause to be inclosed with fence, and denominate the
same a 'pasture'; that this 'pature' is then leased, or subleased, or con-
tracted, to the person, firm, or corporation desiring the use of the same to
graze cattle thereon and for agricultural purposes. That the said defendants
charge said persons, firms, or corporations a large sum of monyv, and place
said persons, firms, or corporations in possession of said land. and thereafter
said lands are used by said persons, firms, or corporations, for grazing pur-
poses and for agricultural purposes, the said defendants guaranteeing to
said persons, firms, or corporations that they will pay all trespass money and
all rentals, and that the defendants will assume all liability to the said per-
sons, firms, or corporations that may be occasioned by the use and occupancy
of the said lands as aforesaid; that it is not the intention, nor the custom
of said defendants, to have said leases, so procured from said incompetent
Osage Indians, signed, subscribed and sworn to before an officer of the Osage
Indian Agency; neither is it the intention nor the custom to submit said
leases to the Secretary of the Interlo for his consent and approval; but that,
on the contrary, immediately after the procurement of said leases as afore-
said, the said defendants, for a sum stated, proceed to place the person, firm,
or corporation [designing] to use the said land, in possession.
"The plaintiff alleges that the defendants have, by the aforesaid manner and
means, acquired informal leases from incompetent Osage Indians to the
amount of approximately 25,000 acres of land. the exact number of which the
plaintiff is unable to ascertain, but alleges that it is informed and believes
that the number of acres so acquired will far exceed the amount of 25,000
acres. The plaintiff alleges that, for a number of years past, the defend-
ants have procured, by the manner and means aforesaid, 'pastures' for H. M.
Stonebreaker, T. P. Kyger, Lee Russell, Brown & Elliugwood, a partnership, R.
H. Chowing, Thompson & Shipman, a partnership, Ross Heaton, and divers
other persons, and have placed said persons and firms in possession, and have
used and occupied lands belonging to incompetent Osage Indian allottees, for
agricultural purposes and for grazing cattle, without complying with the
rules and regulations of the Secretary of the Interior, as above set out, and
without the knowledge or consent of the Secretary of the Interior, and that
the defendants have established themselves in a permanent business conducted
in the aforesaid manner, and are at the present time procuring, and will con-
tinue to procure, leases as aforesaid, for persons, firms, and corporations for
the aforesaid purposes."
The bill also particularizes as to 26 described pieces of property so
treated by them.
The answer admits the leasing of "lands in Osage County from
Osage Indians and other people for grazing and agricultural pur-
poses." It further says that it leases large bodies of land for grazing
purposes adjacent to lands belonging to noncompetent Osage Indians
and "that in order to lease their own lands * * * to cattle men
who desire and demand large acreage, it is necessary for them to
agree with such cattle men that they will protect and guarantee them
from damages by reason of trespass upon such Indian lands. These
defendants deny that they take possession of such lands or that they
deliver possession to their own lessee of the same, but merely hold
themselves liable for any trespass money that may be due on account
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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/m1/21/: accessed March 28, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.