Changes Made in Osage Indian Grazing Leases

May 14, 2018

September 4, 1936
Osage County News
Microfilm Roll: MN00311

On this day in Osage country, an article was published in the Osage County News informing the public of a new amendment released by the Osage agency to prohibit pasture burning on Osage grazing lands. According to the article, the superintendent of the Osage Agency, C. L. Ellis, made an amendment to Osage grazing and farming leases prohibiting the burning of pastures. It was believed that burning pasture land “destroy[ed] vegetable mould, increase[d] the rapidity of run-off water, and therefore increase[d] erosion,” (Changes Made). Failure to comply with the new amendment resulted in the possible cancellation of the grazing or farming lease. Leasing land was an act that was once forbidden to American Indians. In 1880, the regulations of the Department of the Interior:

Denied the Indians the legal right to lease any of their land. However, the Indians could permit white persons to graze cattle provided that the cattlemen obtained the consent of both the Indians and their agent and paid a rent set by the agent with the approval of the Commissioner of Indian Affairs, (Burrill, 528).

This caused several problems for American Indians; the Osages in particular. Many white ranchers would herd their cattle through the lands of Oklahoma and Kansas to reach the railroads. In doing so, ranchers would allow their cattle to graze on Indian land. Although the Indian department’s regulations stated that the rancher had to obtain the permission of an Indian prior to allowing his cattle to graze on their land, often times this did not happen. If the issue was presented to the government, whites would often win the case because of their status of citizenship. However, in 1882, due to a large increase in the cattle population, which led to a boom in market prices, the secretary of the Department of the Interior, Henry M. Teller, was forced to call on the War Department for help in “stop[ping] the incursion and remov[ing] cattle that had already been brought in,” (Burrill, 528) The War Department refused to provide assistance in a situation that needed military enforcement and instead suggested that Teller “allow cattlemen to graze their animals so long as they paid a proper fee to the Indians.” Henceforth, American Indians were allowed to lease their lands. Within a year, however, problems began to arise from the situation. The major issue being that ranchers began enclosing their sections of rented land causing Teller to recant his support for the Indians’ land leasing rights. In 1883, Teller passed another policy, which later came to be known as the “absurd policy,” once again denying American Indians the right to lease land, but stating “that if the Indian lessors were satisfied, the government would not attempt to enforce the no-lease regulation,” (Burrill, 529). Morgan M. Guzman “Changes Made in Osage Indian Grazing Leases.” Osage County News. September 4, 1936, p. 1. Microfilm roll number MN00311. Sequoyah National Research Center, Little Rock, Arkansas.

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