Stephen Johnson Field

“ Notwithstanding the reservation by the terms of the treaty and its survey, and appropriation to the purposes mentioned, one August Cluensen, on the fifteenth of July, 1871, was permitted by the landofficers of the district to locate upon the quarter section a piece of land scrip issued under the authority of the laws of the United States, known as Louisiana Agricultural College scrip, and to enter the section at that office with this scrip. ”

“ The eighth article of the treaty stipulated that the Yankton Indians should be 'secured in the free and unrestricted use' of the quarry, or 'so much thereof as they have been accustomed to frequent and use for the purpose of procuring stone for pipes;' and the United States agreed to cause to be surveyed and marked so much thereof as should be 'necessary and proper for that purpose, and retain the same and keep it open and free for the Indians to visit and procure stone for pipes, so long as they shall desire.' Rev. ”

“ All the interest which he thus acquired, if any, was subsequently transferred, by divers mesne conveyances, to the defendant, Herbert M. Carpenter, who now claims to be the owner of the premises covered by the patent. ”