A. J. Day sworn and examined.
By the Chairman:
Question. Mr, Day, what is your business?--A. I am engaged in the cattle business.
Q. How long have you been engaged in the cattle business?--A. A long time. Ever since i was big enough to ride a pony.
Q. Have you an interest in any of these leases?--A. I have a sublease in the Cherokee Strip.
Q. How much land do youoccupy?--A. My brother and I have 200,000 acres.
Q. What is the firm called?--A. A.J. & C.P. Day.
Q. Was it taken at the same time and upon the same terms as the others?--A. Yes, sir.
Q. Is anybody else interested?--A. Yes, sir. There are two or three parties who are holding cattle with us, but the lease is in our name. Two or three young fellows work for us who have their own brand.
Q. Have you any objection to stating their names?--A.No, sir; they are Rouden, Scaggs, and Williams. they are men that are working for us.
Q. Do you employ any Indians?--A. No, sir.
Q. Do any of the lessees?--A. Not that I know of.
By Mr. Harrison:
Q. How many cattle have you?--A. About twelve or thirteen thousand. I haven't counted them for four or five years.
Q. So long as you are occupying the land in this way the Indians cannot occupy it?--A. No, sir; they have never wanted to occupy it.
Q. Whatever their disposition, it excludes them, does it not?--A. No, sir; they have been camping in our range.
Q. But don't your leases exclude them?--A. Yes, sir; but we don't prohibit them from going through.
Q. But you don't allow them or anybody else to use the land for grazing purposes?--A. No, sir.
By Mr. Cameron:
Q. You have been paying 2½ cents per acre, have you not?--A. Yes, sir.
Q. You paid this into the association?--A. Yes, sir.
Q. Have they paid any of it back?--A. I do not know, but it seems to me that there was a rebate, but I don't think we have gotten it.
Q. How many payments have you made?--A. I have made three, I think.
Q. You were in the original arrangement, were you not?--A. Yes, sir.
Q. You were on the land before the lease was obtained?--A. Yes, sir.
Q. How much did you pay?--A. I do not remember.
Q. Well, about how much?--A. I do not know. It was something like of $500.
Q. Did all pay in about the same proportion?--A. No, sir; I think not.
Q. What was the understanding?--A. We wanted some money, of course. We could not send those men there without it, of course. I think I subscribed-I think something like $500.
Q. To whom did you pay it?--A. I paid it to Mr. Newman, I think.
Q. How much was the gross amount collected at the time?--A. I have no idea.
Q. You never inquired into it?--A. No, sir.
Q. Do you know how much anybody else paid?--A.No, sir.
Q. Was it not understood that it was to be in proportion to the amount of land each man had?--A. Yes, sir.
The money was collected to to cover the expenses of the association?--A. Yes, sir.
Q. It was credited to you in proportion to the amount of land you had, was it not?--A. Yes, sir.
Q. That runs through the whole of it, I suppose?--A. Yes, sir.
Q. Did any of it come back to you?--A. Yes, sir; it was all credited on the amount of money I paid in my first payment on the lease.
By Mr. Cameron:
Q. Have you any cattle in Texas?--A. I have none there now at all.
Q. Did you have any thre at or about the time you obtained this lease?--A. No, sir.
Q. What were grazing lands in Texas renting for about that time-lands regarded as about equal in value?--A. We did not pay anythng for them at that time, and I don't know that we could have leased them.