Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1889-10-19
SENATOR PAUL TALKS.
He Denounces the 0hickasaw Court fol-
DISTINGUISHING Whites

- ~>~~S""
GAINESVILLE, Tex, Oct. Ex-senator
Sam Paul, of Paul's Valley, /. T., has been
here on business and talked freely on the
decision of the Chickasaw supreme court
DISTINGUISHING white men who having
married squaws had become citizens of the
nation. Senator Paul is distinguished
Chickasaw lawyer and statesman. He has
been member OF the legislature for many
years and is the recognized leader of the
progressive party. He said:
eff ever dense ignorance and prejudice
combined to curse commonwealth, the
unhappy coalition has developed at the
nation. Two-thirds at least OF
the voting population--being the in
telligent, progressive, laboring majority
in the Northumberland the dan
gers and injustice that will result from an
enforcement of the ill-conceiyed disfran-
chisement act, and this intelligent ma
jority has in one voice demanded its re-
lar session OF the egislature-wEich time,
as matter of fact, is the earliest and only
legal opportunity that body can have for
passing upon the merits of the case. as our
constitution clearly stipulates. The fact
that the bill was rushed through the extra
session of the legislature was no argument
in its behalf, and the people had looked
with degree of assurance to the supreme
court for relief from its.vicious provisions.
Last Tuesdays experience. however,
teaches the lesson that disappointment
awaits all corners who anticipate a higher
order of Justice from the supreme bench of
the Chickasaw nation than was attained
through the war councils Of primitive
Indian history.
Attorney H. F. hurry and myself, both
being Indians, were in attendance with
arguments prepared in behalf of the dis
franchised population, but as soon as the
supreme court opened at Tishomingo
Monday morning, we found that any
effort in behalf of our constituents would,
before that tribunal, be worse than use
less. The two associate judges, Wesley
Harvey and Jinkin Bowlin, refused to
listen to or place on record the arguments
and evidence offered by the attorneys, ig-
nored entirely the rulings and suggestions
of the supreme judge, and after days
sulen refusal to admit evidence, as the
constitution provides shall be done for the
benefit of all citizens seeking redress IN
our courts, rendered a decision on Tuesday
evening which DISTINGUISHES a large
number of our most enterprising and i'll
telligent citizens, and which decision is in
direct conflict with certain ChlckasaW
statutes and provisions of the tribal con-
stitution, among which are the following:
Section "A, of bill of rights, says: "The
legislature shall pass no retrospective law,
or any law, impairing the obligation OF
contracts"
ITO disfranchise the citizens as proposed
by the amendment would be the yerieSt of
retrospective laws, and would impair OBJ
legations and contracts extending back
over quarter of century of time.
Section z. under general provisions OF
the constitution, is very positive in
than Chickasaws, who have be-
come citizens of this nation, by marriage
or adoption, and have been confirmed in
all their rights as such by former conven-
lions; and all such persons aforesaid who
have become citizens by adoption by the
Legislature or by intermarriage with the
Chickasaws, since the adoption of the con-
stitutiou of August IS, A ID. 1856, shall be
entitled to ali the rights, privileges and
immunities Of native citizens. All who
may hereafter become citizens, either by
marriage or adoption. shall be entitled to
all the privileges of native born citizens,
without being eligible to the Office of gov
ernor.
And section 10 under the same head
provides that: All rights and powers not
herein granted or expressed are reserved
passed contrary to the provisions of this
shall be null and void.
''Sectioh l of the bill of rights foreshad-
ows the crisis in Chickasaw affairs that is
now approaching aud leaves open the
gateway through which an advanced and
higher order of government may be at
tanned: All political power is inherent in
the people and all free governments are
founded on their authority and instituted
for their benefit, and they have at all
times the inalienable right to alter, reform
or abolish their form of government in
such manner as they may think ex-
pedient'
ut is due to Chief Justice Love to ac-
knowledge that he has done all in his
power to secure q fair and equitable ad-
justment of this difficulty He is an able
and conscientious jurist and it must be re-
corded to his credit that he not only re-
fused to endorse the decision rendered by
the incompetent associates. but lmplored
them to permit a proper presentation of
the evidence and arguments III behalf
of the citizens from whom it was sought to
wrest the right of franchise"