Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1896-02-27
THE INDIAN PROBLEM.
JUDGE STUART TALKS WITH A
NEWSPAPER NAN.
Advises the Indians to Make COnces-
siOns, Lest They Lose all For Which
They Contend.

lOi hOihc IdSt uuISud1 anu DelOTt
starting was interviewed by a St
Louis Republic correspondent
The judge said:
Il came to Washington on pri.
vate business and to urge the pas.
sage of a court bill which had been
prepared by the three United
States judges in the Indian Terri.
tory. This bill has now been be.
fore the committees for about
three weeks. Judge Broderick oI
the sub committee told me today
that the bill, with some minol
amendments, would be agreed up.
on tomorrow and reported by the
COMMITTEES for passage. After ]
reached Washington the delegates
of the five civilized tribes of Ind.
ians called upon me to consult as tC
what ought to he done by them in
the present emergency. | was moi
employed by them or offered EN-.
ployment, but having lived among
them for a number of years, l fell
and now feel a lively interest in
the proper solution of the problem
which confronts them. | advised
them that it would be wisdom on
their part, in my judgment, to
make concession to the United
States government, as | was salts.
fed then, and am now. that a cri-
sis is impending with reference t.
the government of the civilized
tribes. | told them that if they
would concede allotment, some
modification of their judicial sys-
tenn and some protection and Sc
curity to the owners of town lots,
| believed the integrity of their
government for a time at least
would be p. eserved. The Indians
are slow to make concessions be-
cause they feel that it will be the
beginning of the end of their tribal
governments. Whether these con-
cessions are made or not | believe
that some legislation OF the char
acter indicated will be adopted by
this congress-"
While giving his attention main
ly to the reforms in the judicial
system of the territory, Judge
Stuart has also paid some atten-
ton to pending Indian legislation
and did in fact suggested the idea OF
a commission of appraisers for the
valuation of town site property
such as was set forth in recent dis
patches, and has been adopted by
the territorial committee of the
house.
When asked what he considered
proper and advisable in the way
of Indian legislation as the result
of his investigations, Judge Stuart
said:
There are some men in con-
gress who are extreme in their
views and who would at this time
erect a territorial government for
the Indian Territory This, in my
judgment, would not be wise, be-
cause, until the lands in the Ind.
ian Territory are allotted in sever
atty, there is no basis upon which
a territorial government can be
constructed. The whites would be
compelled to bear all the burdens
of government and taxation would
be so great as to become oppres-
sive. The dual form of govern
ment now existing in the Indian
country cannot be much longer
sustained.
"The country is in a restless
and disturbed condition, and con-
gress ought to do something in the
way of Legislation to bring about
as far as possible feeling of rest
fulness and security. One of the
most complicated questions pre-
sented for solution is the town site
question. 1t is probably true that
the United States government has
10 authority under the naked pow
er of eminent domain to condemn
the lands known as town sites and
require the involuntary transfer of
title to the same from the Indians
to the non-residents. The fact,
however. that improvements upon
these town sites have been made
with the express assent of the in,
dividual Indian tribes and Of the
United States government, raises
a very strong equity in behalf of
the non-citizen and no bill ought
to pass that does not fully protect
this equity.
Between the extreme white
man on the one side and the In
dian on the other there must be a
middle ground. The townsite bill,
as originally introduced, was in
my judgment untenable on two
grounds; first, because it provided
for the payment of SIS an acre for
town lots, which was very unjust
to the Indian, and second, because
it purported to invest the title of
the Indians to their land without
their consent. The government
has a right to condemn land any,
where within the United States
provided it is for public or govern
mental purposes.
The thoughtful members of
congress with whom have talked.
were impressed with the idea that
the condemnation proposed was
not for public but for a private
purpose. | felt, however, that
something ought to be done in this
because 100000 white peo-
pie whose equities are being as
serted in this matter are lawfully
in the Indian Territory and have
erected their improvements in
good faith. | proposed to the
Dawes commission that a just set.
Element might be reached by con