Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1889-02-20
TERRITORY COURT.
Discussion of the Bill to Establish a
Court in the Indian Territory.
Speeches of Senators Coke and Reagan-Ad'
vantages Of the House Bill Over the
Senate Bill Clearly Stated.
Correspondents Of the Gazette.

viding for the establishment of United
States court in Indian Territory gave rise
to considerable debate last week, and
several interesting speeches were made
by the Southern senators, among them
Senator Coke and Senator Reagan whose
remarks are here quoted in full The diff
ference between the house and senate bill
was well stated by Senator Vest, who
said:
MIR. President, on February l 1888, by
direction Of the committee on the judi
ciary, reported senate bill 270, caIen-
dar No. 203, which provides fol- the es-
tablishment Of United States court in
the Indian Territory aG the town of Mus
kogee, with jurisdiction over all
criminal matters within that territory
and with ample provision for all the ma
chinery of United Steats court.
Pending the consideration of that bill,
after it was put upon the calendar, the
house of representatives passed and sent
TO ms house bill 1874, which provides also
for the establishment of a United States
court in the Indian territory but with
limited jurisdiction, much less than that
provided in senate bill 270, and which
provides also that certain counties in the
state of Texas shall become a portion of
this judicial district, these counties being
specified in the bill.
To that bill, house bill 1874, the scna-
tor from Arkansas (Mr. Jones) proposes
an amendment, which is also pending.
That amendment establishes a court
in the Indian Territory, annexes
certain counties in the state of Texas TO
that court and enlarges the criminal
jurisdiction OF the court, extending it to
a number of crimes and felouies which
are not now punishable in the Indian
Territory.
This is brief outline of the condition
of the bills at the present time. The
committee on the judiciary reported back
house bin 1874 with the senate bill as an
amendment, striking out all of the house
bill and substituting in lieu thereof the
senate bill which was read yesterday.
Said Senator Reagan: Mr.. President,
the amount of business which is trans
acted and intended to be transacted at
Fort Smith is such as to show the neoes-
sity of division of the business which is
returnable at that court. The cost to
litigants in going a great distance to
reach the court in civil cases, the cost to
the government and to defendants in go
ing so great a distance to attend trials,
the expense entailed by the bringing of
witnesses and parties to trial, are so great
as to show the necessity OF a transfer Of a
part of this business to another court.
The question recurs, where is that
Jurisdiction to be located and how ar
ranged? The senate judiciary commit
tee IS bill proposes to establish a court in
the Indian Territory with very large
jurisdiction. It raises the question as to
whether we can safely expect that juries
can be empaneled and trials be had in
diligently and fairly in such a court
The bill as passed by the house pro-
poses TO divide this jurisdiction by at
taching part of the ChoctaW country TO
the eastern district of Texas, and provid-
ing for court at Paris, on the immedi-
ate border of that country. 1t proposes
to take another part of the Territory, the
western part, the part of the Chickasaw
country and attach it to the northern
district Of Texas, with court to be held
at Denison, Immediately on the border.
A railroad passes through the Choctaw
country to Paris, and a railroad passes
through the Chickasaw country to Den
ison, so that communication is easy.
This would leave the eastern part of
the Territory, with its business return
able to Fort Smith, to be disposed of as
would have its business returnable to
Paris, Immediately on the border. The
southwestern part of the Territory would
have its business returnable to Denison,
Immediately on the border. This would
accommodate the business that is re-
quired to be accommodated, greatly re-
ducing the cOstHof the conveyance of wit
nesses and parties to these several courts,
greatly reducing the cost of litigation,
both TO the government and to ordinary
litigants, and preserving the place of
trial where there would be no doubt
about the obtaining of intelligent juries
1t would save the expense of new
judge, of new marshal, of new clerk.
However, the latter is mostly a matter of
fees, but it would save the expense of a
new judicial district, accommodating the
litigation in districts now IN existence
without additional cost to the govern
ment, reducing the cost of conveying
prisoners to the place Of trial, reducing
the cost of parties attending the place of
trial, and placing these people within
reasonable and convenient distance of
the place at which trials are to be had and
avoiding the danger of comforting juris-
dlction on a court wholly within the Ter
ritory, as is proposed by the senate SUBJ
stltute, among a people not deemed so
far capable of self-goyernment as to be
even under territorial form of govarn-
ment. -
1t is suggested that to organize a court
within the Indian Territory viii have its
educational advantages and moral influ-
ence by showing to those people how
justice is administered, the agencies by
which it is administered, and give them
the benefit Of witnessing trials in the Terri
tory. OF course all this is very desirable.
l recognize that the trials at nisi prius
are great instrumentalities of education
among the people of this country and
Great Britain; but, Mr.. President, be-
fore we enter upon that experiment it /
ought to be with a people that are at
least capable of being organized into
territorial form of government.
Those familiar with that country know |
that there are some very intelligent |
people, mixed bloods mainly, in these |
nations. The great body of them, how |
ever, are pure bloods, and out of the |
pure blOods 1 suppose it would be almost |
impossible TO find a single man qualified |
with intelligence TO perform the duties of |
iurymap. 1t would be almost i'm !
possible 10 find one that could speak the |
English language or understand il when |
spoken. l see that these bills contem- |