The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1894-01-05
TROUBLE IS AHEAD.
THE "BLAcK ToMAHAwK" IN
DIAN LAND TITLE CASE.
MANY LEGAL DIFFICULTIES ARISE.
The Recent Decision of the Interior De-
partment that the Status OF Child
Born of an Indian Woman and
White Father Follow the
Condition of the Father
Likely to Play Havoc.

WASHINGTON, Jan. 2.-There is quite
serious trouble ahead in regard to the
title to our recently acquired Indian
lands-an empire themselves in ex-
tent. The development of the diff
Guilty has been gradual, but the grav-
ity of the matter is not fully appre-
ciated, and it is quite probable that
the question may come up for action
Immediately on the reass bling of
congress In fact, just before con-
gress dispersed for the Christmas hol-
idays Senator Kyle of South Dakota.
December 81, introduced resolution
in the senate whichz.brought out the
essential facts of the difficulty.
Mr.. Kyle's preamble recited that by
article IL of the treaty between the
United States and the Sioux Indians
it was provided that mo treaty for
the cession of any portion or part of
the reservation herein described,
which may be held in common, shall
be of any validity or force against the
said Indians unless exercised, executed
and gned by three -fourths of all the
adult male Indians occupied or inter
ested in the same" and further that
g the two acts of Congress, both dated
March =, 1889, entitled acts to divide a
portion of the'Sioux nations Of Indians
in Dakota into separate reservations
and to assist the Indian title to the
remainder, and for other purposes,
and the appropria ton bill, approved
March 2, 1859, show upon their face
that they were signed by number of
adult Indians of the whole blood, less
in number than the three fourths as
provided in the said treaty, and that
in order to obtain the necessary three
fourths aforesaid divers mixed bloods
were solicited, and were permitted to,
and did sign, such treaty made by the
commission on the part of the United
States, acting under such acts of con-
gresS dated as aforesaid. March 2, 1889.
'tAnd, whereas, the secretary of the
interior of the United States has de-
cided. as it is claimed, that divers of
the mixed bloods who signed as afore-
said, such treaty made with said COM
mission, are not Indians in contempla-
ton of law, and that they and their
families are not entitled to any rights
or privileges whatever in the land
the secretary of the interior is di-
rected to transmit to the senate forth
with copies of all orders, opinions and
directions that he has given in respect
to the said mixed bloods, together
with copies of all reports, etc, per-
tanning thereto"
All these legal difficulties have been
brought to the front by the recent de-
cision of the interior department i'll
what is known as the ''Blaek Tona-
hawk" case, that the sta tus
of child born of an In
dian woman and white father
follows the condition of the father.
This decision, though involving no
new principle of law, has been sus-
pended because of it's far-reachiDg eff
fects. Carried out to it's logical con-
clusion, it would invalidate pretty
well all our Indian treaties. Over 10,-
000, 900 acres were acquired under our
treaty agreements with the Sioux
alone, and large proportion of the
signatures to that agreement were
half breeds who, according to the
"Black Tomahawk" decision, are now
not 10 be adult male Indians occupy
ing or interested in the same.
The same condition of facts will ap-
ply to the agreements entered into
with Cheyenne and Arapahoe Indians
in Oklahoma, ceding about 1000, 600
acres of land. 1t is quite likely that
other agreements of former years. and
some others of recent date will be af-
fected by the ruling. and. thereby the
titles of settlers who have taken up
homes on this land will be impaired.
The subject is such serious one,
and so surrounded by embarrasSments
that it will certainly call for prompt
attention Some enabling act will
have to be passed to quiet titles if the
''Black Tomahawk" decision is to
akond