George Sutherland

“ About the year 1880, deeds were drawn and acknowledged by a number of Indians, conveying to one Hunter, as trustee, an interest in the lands, grants, and privileges of certain named villages. Among these deeds was one which purported to be made by 'Luis, captain of the village or pueblo of Santa Rosa,' for himself and inhabitants of that village and others, and to convey an undivided half interest in 720 square miles of land. At the same time, powers of attorney were executed by the various grantors. ”

“ The rights of Indians, unlettered and under national wardship, are here involved, and a deed purporting to convey their half interest in an enormous tract of country, without consideration, aside from some indefinite and doubtful promise to establish their claim against the government, is upon its face so improvident as to call for affirmative proof of authority of the clearest kind. Instead of this, we have no affirmative evidence of a substantial character, and the suspicious circumstance of long unexplained delay in recording the deed and power, and in bringing the suit. ”

“ Whether, as a matter of practice, the challenge to the authority of counsel was seasonably interposed, it is not important to decide, for in any event the trial court, or this court, has power, at any stage of the case, to require an attorney, one of its officers, to show his authority to appear. ”