276 F. 283 | 8th Cir. | 1921
Ed Baker and Ernie Black were convicted and sentenced for conspiring to defraud the United States in respect of its trust duties to certain members of the Cheyenne and Arapahoe Tribes of Indians and their allotted lands in Blaine county, Okl. (Criminal Code, § 37 [Comp. St. § 10201]). They prosecute this writ of error.
According to its general policy with reference to tribal titles to Indian lands, the government adopted in the case of the Cheyennes •and Arapahoes the familiar plan of individual allotments. As they were not regarded competent to be intrusted with complete title and control, it was provided as a protective but forward step towards ultimate, full emancipation that the government should hold the titles in trust for the allottees and their heirs for the period of 25 years. After-wards the Secretary of the Interior was authorized by statute to issue patents in fee in individual cases in which he was satisfied that the Indians were competent and capable of managing their own affairs. Finally, the Secretary was generally given discretion to remove restrictions on the alienation of allotments of deceased Indians and .to issue unrestricted patents to their heirs in fee. It was upon the above situation that the conspiracy charged was predicated.
In general outline the indictment alleged that the defrauding of the United States was to be accomplished by practicing deception, upon the Commissioners of Indian Affairs and through him upon the Secretary of the Interior as to the competency and qualifications of certain incompetent Indian heirs and by procuring by those means the issue to them of patents in fee for the lands held in trust for them by the United States, and, that being done, by procuring from the patentees deeds of conveyance to the accused and other persons. The machinery of the deception was set forth in detail. It consisted of false claims, proofs, and reports as to the competency of the Indians and their ability to manage their own affairs and the submission of them to the government officials at Washington for their action. A local official at the Cantonment Agency, Okl., was indicted! as a coconspirator, but was acquitted at the trial.
There are other less important contentions. We have examined them and are of opinion that they are without merit. There was substantial proof of the guilt of the accused. The fraud and deception practiced upon the government officials were amply shown. The Indians were clearly incapable of managing their own affairs, though the contrary was made to appear. Most of them were of very advanced age, lived in tents, and belonged to the class known as "blanket. Indians.” And there was also proof that the consideration paid them for their conveyances was in some instances grossly inadequate.
The sentences are affirmed.
The above disposition of this case was determined by the three judges sitting, and the above opinion concurred in by Judge STONE before the death of Judge HOOK. It is also concurred in by Judge JOHNSON,