Show SUPREME COURT DECISIONS justice burtch bartch rendered the opinion in the case ot of the straw strawberry berry valley cattle company respondent vs to john 1 I chipman appellant this action was brought before justice miner to enjoin the defendant dete and appellant from permitting perm I 1 ati u g his h is sheep to graze upon the lands forming a portion of the uintah indian reservation reserva tiou plaintiff and respondent in this case claimed the right by virtue ofa of a lease jesse made with indian agent robert waugh who was waa acting under the direction of the secretary of the into inte bior on behalf of the uintah and white river indians indiana the consent to lease jesse the land having been given by both tribes in council assembled and add the lease having been signed by eighteen of the chiefs and head bead men ot of atie this lease wag was originally given to charles H homer under the provisions of an not act of congress con arose passed in 1891 the acreage ac creage involved was and it was stipulated that blostee should have the same for five years at an annual rental of grazing of sheep was forbidden under penalty of forfeiture ot 0 the rights under the lease the testimony showed that defend gotto ants sheep grazed upon the land in question and aad destroyed the grass and verdure after nonce to quit which was waa disregarded plain plaintiff pla iutin tift and respondent spon dent went into court and obtained a restraining order the decision of the court below being that plaintiff was eu entitled titled to the possession of tho the land A motion for a new trial was mmae made and refused and from the decision of 0 the court below the appellant and defendant appealed to the supreme court appellants appellant attorneys attorney allege that the lease la IS void because there to is no authority in law for making it that the statute of 1891 la Is of no force respondent rolled relied upon the statute anere was a question as to the right of the indians to lease under this law which states among other things that lands must be bouget and paid for corp by the parties owning and occupying the same before a lease can be made hence in the language of the opinion the controlling point was whether the me indiana who occupied the lands in question at the time of the execution of the lease bought and paid ler for 1 9 them the bourla bourl s opinion in the case covered all the usages of the government in dealing with indians indiana their rights under the law and decided that the be savages had a title and could agree to lease the judgment of the lower court was waa affirmed with casts chief justice and judge street who was called to sit in the case concurring by aso decision ision of the state supreme court delivered by justice bartib councilman elliott was yesterday ousted irom from office and B T lloyd will hereafter represent the third precinct in municipal matters joseph joeeph M watson was a member of the city council counch of this city at the time of the election in 1895 and abea be died benjamin T lloyd J was appointed to nil fill the vacancy at the expiration of the terra term ending january 1 1896 elliott was selected as a comi councilman cilman from the third precinct and lloyd cun contested tested the place pon con tending that be was entitled to fill the term lerm at the first of the year the case was taken before J judge adge street who decided in favor of the plaintiff and from the decision elliot appealed the judgment of the lower court was affirmed with costs zane chief justice and miner justice concurred |