El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-01-13
Passing of Indian Territory

If Secretary Francis shall succeed
in accomplishing the breakup of the
Indian territory he will have brought
upon his six months administration
of the interior department the congrat-
ulation of the whole southwest. The
secretary is scoring great progress in
this direction. He has the advantage
of having tackled the problem at a
most opportune time, and he is making
a vigorous effort. The Choctaws,
through their commissioners, have
signed an agreement. The agreement
is now before Mr.. Francis for eXamina.
ton and approval.
1t is the entering wedge for the dis
solution of tribal relations, for allot-
ment of the lands, for the establish
ment of town sites aud for the rapid
transformation of the great reserva-
tions into fully civilized, lava biding
portion of the country. The other
tribes are almost persuaded to follow
the Choctaws, and treat with the Dawes
commission for similar agreements
But while they hesitate bill has been
prepared. This bill will be presented
to congress, with strong prospects of
passage at the present session, short as
the time is. 1t proposes to carry
through the reforms of tribal dissolu
ton, allotment of lands and the rest
without waiting for further agree
ments. 1t will recognize and respect
the ChOctaw contract, but it will pro-
coed in a more arbitrary, a speedier and
less favOra BILE way with the other four
tribes. Not only is the prospect good
for the passage of this bill before the
4th of March, but the president is in
the mind to sign it. He takes the pO-
sitiOn that the Indians have been given
every opportunity they could possibly
ask through the Dawes commission,
aud that as they have failed to meet
the commission in the proper spirit,
the time has come to act without fur
ther delay.
just as soon as the Choctaw agree
ment is passed upon by Secretary
Francis the bill to open up the whole
territory will be pushed in congress.
The secretary begun the consideration
of the CEOctaw agreement Saturday.
There were Assem- bled in his room at
the department several members of
the Dawes commission, the members of
the ChOctaw commission and the COM
missioner of Indian affairs. The first
business was the consideration of Ger
tain sprOtests which have been SEPT in
against the ChOctaw agreement. Oae
OF thcS" was from the single member
of the ChOctaw comm S-iOn who re-
fused to sign the agreement. A Wash
lngtOn lawyer appeared to ask that
rights of certain Choctaws in Missis-
>ippi, who have always refused to
NOV to the Indian Territory, but who
now think that they should come in for
something in the distribution of the as
sets.
The greater part of the afternoon
was taken up by Simon Sterne, of New
York, the general counsel of the Mis-
souri,, Kansas and Texas Railroad COM
pany. Mr.. Sterne served notice that
with the eXtinguishmentO of the Indian
title the railroad would claim its grant
in the territory. In 1856 congress voted
d grant of alternate sections of land for
ten miles on each side of the right of
way to help build the road. But the
grant was made conditional. 1t was
not to take effect until the Indian title
was eXtinguisbe ed and the land became
public. Mr.. Sterne made long argu-
ment. His attention was called to the
fact, although the Indian title would
be extinguished, the land not go to the
public domain, but would be allotted 10
the Indians. He said that did not
make any difference with the railroad |
company's claim. The extinguishment |
of the title established the grant He |
left the impression that he was trying |
TO lay the basis for action against the |
United States. Some of the others |
present took the ground that the grant
could not become operative unless the
tribal title was dissolved and the lard !
became part Of the public domain. The
agreement simply changes the form of
Indian title from tribal to Individual,
and leaves no room for a claim by the
railroad company.
The consideration of the agreement
will go on before Secretary Francis on
Monday. 1t certainly looks as if the
days of that great barrier to south
western development, the Indian Ter
ritory, were numbered.