OCR Text |
Show 38 REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. agents of this office and by inspectors of the Department, showing that something like 50,000 acres were covered by these illegal leases and subleases. Based up011 Captain Beck's report, 011 July 17,1893, this office took steps looking to the ridding of the reservations of all illegal occupa~~otfs thc lauds. He was directed to warn d l l essees and sub-lessees who held leases direct from the Indians without the sanction and approval of this Department that their pretended leases were null and void and that they must either make leases under the regulations of the Department or abandon thelands they thus held onor before Decem-ber 33,1893; also that they should plant no further crops or make further improvements on the lauds until legal leases should have been entered into. From September 15 to about October 1 all the illegal lessees were served with these notices to quit. Anticipating that actual force might be used in removing their sub-lessees, the Flournoy Live Stock and Real Estate Company, tbe priu-cipal transgressor, on October 11,1893, brought an action of injunction in the United States district court of Nebraska against Captain Beck, restraining him and the agency employees from interfering with their possession of the lauds described in their bill of &omplaint (some 37,000 acres) or any person holding under them. Following the example of the above-named company, on January 6,1894, Ernest J. Smith brought an action of injunct,iou against Captain Beck, restraini~~hgim from interfering with his (Smith's) posseseion of the lands described in his bill of complaint. 'January 28, 1894, similar injunction suits were brought against Captain Beck by B. T. Hull & Sons, Frank B. Hutch-ins, trustee, and George F. Chittenden (of the old firm of Wheeler & Obittenden), making five injunction suits in all. Later and at different times, and after the adverse decision in the Flournoy case, the other cases were dismissed. The iujunction case brought by the Flournoy Oompany, after much delay, was finally heard by Judge Dundy, of the United States circnit court, and the injunction was made permanent. The case was appealed to the United States circuit conrt of appeals, in St. Louis, and on December 10,1894, this court rendered a decision overruling Judge Dundy, holding that the pretended leases of the Flournoy Company were illegal and void. The decree of the circuit court was accordingly reversed and the case remanded to that court mith directions tovacate the decree and dismiss the bill at complainant's cost. (See 65 Fed. Rep., p. 30.) The Flournoy Company shortly afterwards applied for and obtained, through Mr. Justice Brewer, an appeal to the United States Supreme Court, no stipersedeas being applied for or granted. Based, probably, upon the ap?eal to the Supreme Court, notwithstanding there mas no supersedeas, the Flournoy Company continued to make leases with the Winnebago Indians without the consent of this Department and to execute leases in favor of sublessees. |