The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1884-03-20
THE OEL4HOV4 CASE

D. L. Payne, of Oklahoma fame, takes
issue with the report of Indian Commits
sioner Price. In speaking of Indian
intruders the commissioner says:
"An intruder without property has
very little to fear OF q fine. Some in
truders have already been removed sew
eral times by Indian police and the mil
itary, and as often have returned. The
present law, imposing fine only, has
no terrors for this class of men. All that
at present can be done Is to remove the
intruder, and if he reappears, to bring
civil suit against him, ID the nature OF
an action of debt, to recover the statutory
penalty of 81, 900 have yet to hear of
a single instance IN which the penalty
has been recovered" etc.
To this Mr.. Payne writes lengthy
and rather caustIc reply in which he says
the allegation in the above quotation is
false. We quote from Psyne's docu-
ment:
"Now why not come out manfully and
tell the whole truth by saying that there
has not been single instance In which
you, or the courts, have tried to enforce
the penalty, or attempted to collect the
81 600? and that if you had attempted to
collect it by legal process in the courts,
II would have raised the question of IT,
tie 10 the lands you dragged me from as
an intruder and that IL was not your
policy to let that question be raised T?
Boldly tell the truth further, and inform
congress, in supplentary report" that
there never has been any
trial, nor one intended
to be allowed; and that there has never
been = witness examined; that Payne
and his party of Oklahoma colonIsts
have frequently begged tor trial; that
| they have implOred the courts, in the
name of God and humanity, and of our
Christian civilization, to put them be-
fore the bar of justice to make answer to
your charge. This you we'll know to be
true; and you know that our prayer was
scoffed at and denied. Why not go
further, and say that the United States
court at Wichita, Kansas, in September
| 1888, 'absconded,' as one of the news
papers there not inaptly called it, to
avoid trying the Oklahoma case?
Mr.. Payne further lnlmates that the
Oklahoma lands are all being held fol
railroads and cattle rings. BE winds
up his reply to the commissioners re
port with the following:
"As an assurance ct good faith that
am not only able but willing to pay tbs
fine you speak OF, if convicted on tbs
charge as made, l agree to deposi
$1,000 (or acceptable security for ter
times that amounD in any bank in thi
district having jurisdiction to try thu
case, on this condition, to-wit: Tha
you shall 90 with me, within thirty
days from this date, into the distric
| tuHfcdfnNtnn ,F he
and there convict me for violating Law
of the United States in entering upoI
the lands commonly known and desig
mated as Oklahoma; and further, If yoV
will cause the case of Payne VS.. Pope
now pending, to be brought to trial ant
concluded, will pay $1,000 if fail 4
obtain q judgment against said Pope 70
damages for removing me from salt
lands"
} Payne puts the case telerably strong
This paper has always advised people +
give Psyne's Oklohama scheme
wide berth, on the understanding tina
he was an intruder. We think, though
it would be nothing more than fair tbs
! he should have hearing and that
J legal disposition of the case should b
r made. II the land is subject to settle
, ment, that fact should be known. If I
: Is not, it would not hurt the governmeE
or Indians TO say so In unmistakabl
terms. Thousands of people beliey
, Payne is right and are waiting, in III
: opinion that he will finally triumph
1t is at least due to them that q nns
decision be made one way or the othe