Legal Opinion · Dissent

United States v. Lewis

Court Of Appeals Of Indian Territory

Decided September 23, 1903Published

Appeal from the, United States Court for the Southern District. Hosea Townsend, Judge. Suit in equity by the United States and others against I. O. Lewis and others. Decree in favor of defendants. Complainants appeal. This is an action in equity, brought by the United States, by its attorney, W. B. Johnson, Esq., to enjoin the defendants from mapping off and building a town on Indian lands mentioned in the complaint.

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Appeal from the, United States Court for the Southern District. Hosea Townsend, Judge. Suit in equity by the United States and others against I. O. Lewis and others. Decree in favor of defendants. Complainants appeal. This is an action in equity, brought by the United States, by its attorney, W. B. Johnson, Esq., to enjoin the defendants from mapping off and building a town on Indian lands mentioned in the complaint. The complaint also prays for a penalty of S1,000, each, for the violation of section 2118 of the Revised Statutes of the United States, and to oust the defendants from the…

1DissentGill, C. J.

I am compelled to differ with the majority of the court upon the question involved in this case. *6The only question involved in this case, practically, is whether it is lawful for a citizen of the Chickasaw tribe of Indians to rent lands of which he may be in possession, and which he claims to hold as his prospective allotment, for other than agricultural -and grazing purposes^ pending allotment; that other purpose, in this instance, being the mapping, platting, and renting of said lands for townsite purposes. Appellants contend that under the law only the Secretary of the Interior has the…

2Cases cited6 opinions

  1. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  2. State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
  3. City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
  4. Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875
  5. Coosaw Mining Co. v. South CarolinaSupreme Court of the United States · 1892

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